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HomeMy WebLinkAboutOctober 26, 2009 RegularCITY OF COLUMBIA HEIGHTS 590 40"' Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Vsit our website at: www.ci.cotunahia-hed~his.nars.us Mavor Garv L. Peterson Councilmembers Robert A. 6i'i(liams Bruce Nawrocki Tan:rnera Diehm Bruce Kel=enberg City Mana¢er Y~alter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, October 26, 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 Lay Minister Shirley Barnes, Crest View Communities 2. PLEDGE OF ALLEGLANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted. after the agenda. preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Donation by Jeffs Bobby and Steve's Auta World for Huset playground B. Proclamation - 2009 Homelessness Awareness Month p4 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business. j A. Approve minutes of the City Council MOTION: Move to approve the minutes of the October 12, 2009 City Council meeting. p7 B. Accept minutes of the Columbia Heights Boards and Commissions MOTION: Move to accept the September 2009 minutes of the Library Board p17 MOTION: Move to accept the October 20, 2009 special meeting minutes of the Planning and Zoning Commission. pie C. Approve Premises Permit Application for MN Youth Athletic Services to conduct charitable gambling activities at Star Bar and Grill, 4001 Central Ave NE pso MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premises permit for Minnesota Youth Athletic Services in conjunction with activities at the Star Bar and Grill, 4001 Central Avenue NE; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. City Council Agenda Monday, October 26, 2009 Page 2 of 3 D. Adopt Resolution 2009-168, being a Resolution authorizing extension request to Met Council for 47th and. Central Avenue ,parking ramp grant p37 MOTION: Move to waive the reading for Resolution 2009-168, there being ample copies available to the public. MOTION: Move to adopt Resolution 2009-168, being a Resolution authorizing submittal to the Metropolitan Council for a third extension for demonstration grant Number SG006-166 for the 47th and Central Avenue parking ramp. E. Adopt Resolution 2009-169, being a Resolution for acquisition of 4110 6th Street p4o MOTION: Move to waive the reading of Resolution 2009-169, there being ample copies available to the public. MOTION: Move to adopt Resolution 2009-169, approving the acquisition of property located at 4110 6th Street NE; furthermore authorize the Mayor and City Manager to enter into an agreement for the same. F. Adopt Resolution No. 2009-179, being a resolution approving a 2.7-foot rear yard setback p43 variance. a 2.5-foot side yard setback variance for parkin, and a 2-foot aisle width variance__for 4955 Central Avenue. MOTION: Move to waive the reading of Resolution 2009-179, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2009-1.79, approving a 2.7-foot rear yard setback variance for parking, a 2.5-foot side yard setback variance for parking and a 2-foot aisle width variance for 4955 Central Avenue, subject to the conditions outlined in Resolution No. 2009- 179. G. Approval of the attached list of rental housing license applications, in that they have met the p7r requirements of the Property Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for October 26, 2009. H. Approve Business License Applications p7s MOTION: Move to approve the items as listed on the business license agenda for October 26, 2009 as presented I. Approve payment of the bills p77 MOTION: Move to approve the payment of bills out of the proper funds as listed in the attached register covering Check. Number 132184 through Check Number 132318 in the amount of $776,097.33. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolutions 2009-170, 4315, 4317 5th Street N.E., 2009-171, 1407-.09 Circle Terrace p84 Blvd N E 2009-172 4546 Polk Street N E 2009-173 1620 Innsbruck Parkway 2009-174 1204-06 Cheery Lane N.E. 2009-175 4321 5th Street N.E. and 2009-176, 3700 2nd Street N.E. being Resolutions approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. City Council Agenda Monday, October 26, 2009 Page 3 of 3 MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2009-170, 171, 1.72, 173, 174, 175, and 176 being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2009-170, 171, 172, 173, 174, 174, 175, and 176 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed B. Adopt Resolutions 2009-177, 1204-06 Cheery Lane N.E.~and 2009-178, 4308 5th Street N.E. p99 being declarations of nuisance and abatement of violations within the City of Columbia Heights MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2009-177, and 2009-178, there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2009-177, and 2009-178, being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section. 8.206. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations Bid Considerations for Emergenc~Repair of Trunk Storm Sewer at 45th Avenue outfall to plo4 Mississippi River. MOTION: Move to accept bids for the .emergency repair of the Trunk Storm Sewer at the 45`h Avenue outfall to the Mississippi River. C. Other Business Suburban Rate Authority activity -Council member Nawrocki S. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. Ci T I~Eiv S FORi3ryl 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. ADJOURNIO~IENT Walter R. Fehst, City Manager p115 W F/pvm PROCLAMATION Homelessness Awareness Month Whereas, the Anoka County Community Continuum of Care, along with the Heading Home committee is sponsoring a unique, countywide education and awareness campaign to help end homelessness in our shared communities. The month of November will mark the SLEEP OUT 2009, Be Part of Something BIG, 2°d Annual Community Challenge; and Whereas, the SLEEP OUT 2009 provides a unique opportunity for the NAME of CITY to join forces with communities across Anoka County in an effort to promote education and awareness to help end homelessness; and Whereas, the Anoka County Community Continuum of Care and the Heading Home Anoka committees play a vital role in bringing together the community and establishing needed partnerships to support homelessness prevention efforts; and Whereas, it is essential that all citizens of NAME of CITY be aware of the importance of homelessness prevention and the impact their participation can have on ensuring that al) individuals and families have access to a warm, safe place to call home in our community; and Whereas, community partnerships, awareness, and the desire to provide warm, safe housing in our community. These are the important themes of the SLEEP OUT 2009, Be Part of Something BIG, 2na Annual Community Challenge. low, therefore, 1, Gary L. Peterson, Mayor of the City of Columbia Heights, on behalf of the City of Columbia Heights City Council, do hereby call upon all citizens of Columbia Heights to join the Anoka County Community Continuum of Care and Heading Home Anoka committee's in supporting The SLEEP OUT 2009, Be Part of Something BIG, 2°d Annual Community Challenge during the month of November. Be it further resolved that the month of November is hereby proclaimed. "Homelessness Awareness" month in the City of Columbia Heights. Proclaimed this 26`" date of October, 2009. Mayor Gary L. Peterson 4 l^. Results of January 28, 2009 Anoka County Homeless Count: HUD Definition: Chronically Homeless Individuals Individual who was unaccompanied and homeless with disabling condition that has either been continuously homeless for a year or more or has had at least 4 episodes of homelessness in the past 3 year's. 0 69 People meet this definition of Homelessness 0 7 of these are youth ages 18-21 0 17 of these are ages 17 or under State Definition of Homelessness "Those who have no permanent place to live." This could be conditions such as doubling up, transitional housing, or a place not meant for human habitation. 0 247 Single Adults 0 272 Adults in Families 0 385 Children in Families 0 38 Minors Without an Adult (ages 17 or less) 0 54 Youth Without an Adult (ages 18-21) 0 8 Senior Citizens (ages 62 or older) The total number of people counted on January 28, 2009 in Anoka County is 1,004 homeless, as defined by State definition. 5 ~ -~ ~ , Be Part of Something B~Ci The Anoka County Community Continuum of Care Over the years, our Anoka County community has responded to the issues of homelessness in a variety of ways: by encouraging community support of the Stepping Stone Emergency Shelter, investment in affordable community housing, and encouraging partnership with local agencies through Family Homeless Preventions and partnerships with Metro Counties through the Supportive Service grant. Even with strong partnerships and a variety of community efforts, we still struggle with the issues of homelessness in Anoka County. The Anoka County Community Continuum of Care is partnering with the state business plan, Heading Home Minnesota, by developing it's own Ten-Year Plan to End Homelessness in Anoka County. With a vision for a better future and ending homelessness for all, the Continuum of Care brings together a variety of state, community agencies, and community volunteers. Working together to develop a plan to end homelessness in Anoka County by the year ~~ i ~ the Continuum 's Education Committee seeks to raise awareness of the issues surrounding homelessness and encourage community participation by sponsoring a variety of events, including a countywide sleep-out in November. In the spirit of supporting the Heading Home Anoka vision, the committee supports educating the community regarding homelessness issues throughout the coming year. 6 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, OCTOBER 12, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, October 12, 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, Columbia Heights Assembly of God Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution 2009-163 for 3732 3~d Street, in that the property has been brought into compliance. Nawrocki indicated at the last meeting that Council Corner was not on the agenda and was cancelled. He stated his objection to this being removed. Council Corner was to substitute for Old and New Business. Peterson stated that we have elected to eliminate Council Corner. Peterson stated that there is Other Business on the agenda. Council Corner became contentious at times. Nawrocki stated that this was not approved by the Council. Peterson indicated he had asked members and they agreed. Nawrocki indicated that he was not asked. Nawrocki stated that he brought up concerns during that time. Motion by Nawrocki to add Council Corner to the agenda. Peterson called for a second. Motion died for a lack of a second. Nawrocki asked to add under the Managers report: bridge at 49`" and Central and State aid. funding allocations, public safety building costs, water sampling analysis and acceptable standards, timing on the stop lights along Central and University Avenue, an officer for the school on 42t" and Central, and property valuations for the coming year. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Proclamation -Polish American Heritage Month Mayor Peterson read the Polish Heritage Month proclamation and presented it to representatives of the Sister City Committee. Dolores Strand, Pat Sowada, and Edward Skorski accepted the proclamation. Strand gave the history of this proclamation and extended greetings from the Mayor and citizens of Lomianki, Poland. They have dedicated. a room in their elementary school to Lomianki history. The Mayor of Lomianki has invited our students to visit them again in 2010 and his offer was not dependent on our reciprocating. Sowada thanked the City Council for their continued support. Peterson indicated the Holiday Kick-off Party will be held on Saturday, November 14, 2009. Columbia Heights talent will be the entertainment. Peterson read the times the new gym is open. Nawrocki stated that the school was going to have parking designated for our gym use. Peterson stated that the west parking lot is open for us and there are 10 or 12 spots designated for this, City Council Minutes Monday, October 12, ?009 Page 2 of 10 Peterson described the Public Safety Building grand opening. The ribbon was cut, but the statue was not ready yet. We will try to coordinate this unveiling with Armistice Day, November 11, 2009 to unveil the statue. B. Donation by Jeff's Bobby and Steve's Auto World -was not present. CONSENT AGENDA Nawrocki requested to remove items D and. E. City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve Minutes of the City Council Motion to approve the minutes of the September 28, 2009 City Council meeting. Motion to approve the minutes of the October 5, 2009 Project 0901 Special Assessment Hearing. Motion to approve the minutes of the October 5, 2009 Project 0902 Special Assessment Hearing. Motion to approve the minutes of the October 5, 2009 Delinquent Special Assessment Hearing. B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the October 6, 2009 Planning and Zoning Commission minutes. Motion to accept the August 25, 2009 EDA minutes. C. Approve Transfer of Funds for DTF Overtime from General Fund to Police Dept Budget to Reimburse Overtime Fund Motion to transfer $1,200, the amount of money received from Anoka County as partial reimbursement for overtime worked by our member in the AnokalHennepin Drug Task Force, for the third quarter of 2009 from the General Fund to the Police Department 2009 Budget line 1020, Overtime. D. Adopt Resolution No 2009-164 being a Resolution approving acquisition of 3853 3rd Street removed E. 4dop+ RP~olution X009-~ 56 being a Resolution for approval of a 4-foot width variance for the construction of a detached garage at 3704 Tyler Street NE. -removed F. Approval of the reissuance of the license to operate a rental unit(s) within the City of Columbia Heights at 4122 Madison Street N.E. Motion to issue arental-housing license to Dave Nelson to operate the rental properly located at 4122 Madison Street N.E. in that the provisions of the Property Maintenance Code have been met. G, Approval of the attached list of rental housing license applications in that they have met the requirements of the Property Maintenance Code. Motion to approve the items listed for rental housing license applications for October 12, 2009. H. Approve Business License Applications Motion to approve the items as listed on the business license agenda for October 12, 2009 as presented. L Approve Payment of Sills Motion to approve the payment of bills out of the proper fiends as listed in the attached register City Council Minutes Monday, October 12, 2009 Page 3 of 10 covering Check Number 132024 through Check Number 132183 in the amount of $1,147,437.22. Nawrocki spoke of check 132053 ($561) for conference lodging, and stated his understanding that out of state conferences were not allowed. Fehst stated that conference was in Duluth. Nawrocki stated that this depletes the account it came from. Motion by Nawrocki, second. by Williams, to approve the Consent Agenda items, with the exception of items D and E. Upon vote: All ayes. Motion carried. D. Adopt Resolution No 2009-164 being a Resolution approving acquisition of 3853 3rd Street Nawrocki questioned exceeding the purchase limit of $50,000. Fehst stated this is under the $55,000 amount agreed upon. Nawrocki asked if the property could be fixed up. Fehst stated it is a home on commercial property that would need to be removed. Jeff Sargent, City Planner, stated this is part of the Abandoned Property Ordinance. The rehab cost would be too much. This property is commercially zoned, and as the residential property has not been used for over one year future use can only be commercial. Peterson stated that the rehab cost estimate was $80,000. The prospective buyer walked away. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2009-164, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2009-164, approving the acquisition of 3853 3rd Street. Furthermore to authorize the Mayor and Cit}~ Manager to enter into an agreement for the same. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. E. Adopt Resolution X009-166 being a Resolution for approval of a 4-foot width variance for the construction of a detached garage at 3704 Tyler Street NE. Nawrocki asked if the garage will fit in this spot. Sargent stated that it will be tight, but it will work for the owner. Motion by Nawrocki, second by Diehm, to waive the reading of Resolution 2009-166, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2009-166, approving a 4-foot width variance for the construction of a new detached garage at 3704 Tyler Street, subject to the conditions outlined in Resolution No. 2009-166. Upon vote: Ail ayes. Motion carried. PUBLIC HEARINGS A, Adopt Resolutions 2009-161, 4251 Jefferson Street_N:.E., 2009-167, 1.218-20 Circle Terrace Blvd being declarations of nuisance and abatement of violations within the City of Columbia Heights. Fire Chief Gary Gorman indicated. the violations on the properties. Motion by Diehm, second by Nawrocki, to close the public hearing and to waive the reading of Resolution Number 2009-161 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg to close the public hearing and to waive the reading of City Council Minutes Monday, October 12, 2009 Page 4 of 10 Resolution 2009-167, Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution Number 2009-161 and 2009-167, being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. B. Adopt Resolutions 2009-162 3826 Buchanan Street N.E. and (2009-163. 3732 3rd Street N.E. - removed) being Resolutions approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Gorman indicated the license revocations are for failure to submit an application, fees and schedule an inspection. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Number 2009-162, there being ample capies available to the public. Motion by Nawrocki, second by Williams, to adopt Resolution Numbers 2009-1.62, and 2009- 163 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Gode, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. Nawrocki stated that south of this property there is a vacant lot with vehicles that have expired license plates. C. Adopt Resolution 2009-160 being a Resolution levying and adopting the assessment for alley light area no. 677-43. Fehst stated this was requested by petition. Assistant City Engineer Kathy Young was present to answer questions. Motion by Williams, second by Kelzenberg, to close the public hearing and waive the reading of Resolution No. 2009-160, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2009-160, being a Resolution levying and adopting the assessment for alley light area no. 677-43. Upon vote: All ayes. Motion carried. D. Adopt Resolution 2009-1.65 being a Resolution approvin ~a Site Plan for shared parking at 4301 Central Avenue. Sargent stated the application is to share a parking area to allow enough parking spaces to establish a restaurant. This would use Laundry World open area for parking. The current parking has 22 stalls and this business would require 24. Laundry World does have sufficient parking spaces to share with this restaurant. City Code requires City Council approval followed by approval of the City Attorney. The City Attorney has indicated that the contract submitted does not meet approval. If the City approves this resolution, it would be contingent upon an approved contract received within 60 days. Nawrocki asked if the lease is tied to the license. Sargent indicated an easement may be required. .lim Hoeft, City Attorney, stated that the current agreement is only a lease and it needs to be an easement for parking purposes. An easement would follow the properties into the future. 10 City Council Minutes Monday, October 12, 2009 Page 5 of 10 Nawrocki questioned the alley, fence height, and property maintenance, which Sargent explained. Peterson also explained the fencing. Nawrocki referred to other fences and pavement in the area. Peterson stated this would not involve the Post Office traffic exit. Sargent stated that current ingress and egress will remain the same and showed the exact location of the proposed parking spaces on a map. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2009-165, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2009-165, approving the shared parking arrangement between the property at 4301 Central Avenue and 4315 Central Avenue, subject to the conditions outlined in Resolution No. 2009-1.65. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations -none C. Other Business Nawrocki indicated that he would attend the Board of Review training. Diehm indicated that we are currently in compliance with the requirements. ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki referred to the hearing for the 49`" and Central Avenue eminent domain process and questioned if we approved. engaging a legal firm for this. Fehst stated that would be paid through the Evergreen contract, as approved by the City Council. Nawrocki stated he had asked for information on State Aid road funds; how much money has been carried over from other years, how much money has been appropriated for this year and next year, and what the proposed allocations are. Nawrocki referred to receiving a City water analysis report. He again questioned what the acceptable standards are. Fehst stated that if there were any concerns, we would have been notified. Fehst stated that staff has been asked to check on the timing of University and Central Avenue street lights, which he will address again. Fehst stated that School District 916, Alternative Learning, located at 42°d and Central Avenue has received security funding and has requested to pay for one full time officer. This officer could be used for other department needs during the school's summer break and the officer could be pulled at any time when needed elsewhere. This will be presented at the next Council meeting. Nawrocki indicated that we need to find ways to cut back on expenses and suggested we use a current officer. Nawrocki stated that the public safety building did not come in under budget; as we issued $13,000,000 in bonds. He also referred to upcoming maintenance costs. There were savings, but they were spent on additions. Most of the contingency fund was used. The building is more than what we needed. Nawrocki referred to the tax levy this year and use of TIF funds and City reserves. Nawrocki stated he asked for information on proposed assessed valuations for next year. He did not receive the information, so he obtained. it from the County. The assessed property valuations will be 11 City Council Minutes Monday, October 12, 2009 Page 6 of 10 reduced by 8.5 percent for next year. The preliminary evaluation used for the HRA was based on this year. It should be based on next year's valuation. The HRA levy should be reduced. Peterson asked for clarification on the Public Safety facility costs. Fehst indicated they are under the $12,000,000 bond total. Fehst stated that the City Council agreed to add space with funds saved. Nawrocki questioned when this came before the Council. Fehst stated that the City Council approved the bid specifications. Report of the City Attorney -none CITIZENS FORUM Deb Johnson, 4626 Pierce Street, indicated that this Council agenda was not available on the web site. It was on cable TV. The Commission agendas are not available anywhere. Council members requested that Board and Commission agendas be made available on the City's web site. Peterson stated that tickets for the Holiday Kick-off dinner are available at City Hall. Don't forget your service men and women; keep them in your thoughts and prayers. Don't take yourself too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:12 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION N0.2009-164 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 3852 3rd STREET NORTHEAST IN THE CITY AND ASSIGNMENT THEREOF TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED By the City Council (the "Council") of the City of Columbia Heights, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority (the "Authority") administers the Downtown CBD Redevelopment Project (the "Project") within the City, which was established under Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"). 1.02. The Authority has undertaken a program to acquire homes in the Project in order to address foreclosure problems and remediate and prevent the emergence of blight. 1.03. The City, as a state public body under Section 469.041 of the HRA Act, is authorized to make contributions to the Project. 1.04. In order to acquire certain properties in a timely fashion, the City has determined to assist with such acquisitions by negotiating with sellers and entering into purchase agreements on behalf of the Authority. 1.05. City staff have negotiated a Real Estate Purchase Agreement with EMC Mortgage Corporation (the "Seller"} dated as of October 6, 2009, including all related addenda and disclosures thereto (collectively, the "Purchase Agreement"), for real property located at 3853 3rd Street Northeast and legally described as follows: Lot 10 & that part of Lot 11 Block E Rear of Block E of Columbia Heights Annex Lying South of Following Description L Com at A PT 351.1 Ft 12 City Council Minutes Monday, October 12, 2009 Page 7 of 10 NELY ALG NWLY Line of SD LOT 11 from most WLY Cor thereof, TH S ALG Former WL (the "Property"), which Purchase Agreement is contingent upon approval by the City Council. 1.06. The City intends to assign its interests in the Purchase Agreement to the Authority, contingent only upon acceptance by the Authority of such assignment. 1.07. The Purchase Agreement has been prepared and submitted to this Council and is on file with the City Manager. Section 2. Approval and Assi_n~ meet. 2.01. The Purchase Agreement for the Property is hereby approved, and the execution of the Purchase Agreement by the City is hereby ratified. Pursuant to the Purchase Agreement, the City will purchase the Property for $49,900. City staff and officials are authorized and directed to take all such other actions to complete the purchase of the Property, including without limitation execution of all documents and agreements related to such transaction. 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and officials are authorized and directed to take all such other actions to complete the assignment of the City's interests in the Purchase Agreement to the Authority, including without limitation execution of any documents and agreements necessary to effectuate such assignment. RESOLUTION N0.2009-166 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR CAROLINE BECKER WHEREAS, a proposal (Case # 2009-1001) has been submitted by Caroline Becker to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3704 Tyler Street NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 4-foot width variance for the construction of a new detached garage per Code Section 9.106 (C)(1)(m). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on October 6, 2009; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal. of the permit. CONIDTIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The applicant shall obtain a building permit prior to the construction of the garage. 3. The garage shall. be architecturally compatible with the existing principal structure, incorporating similar building materials and colors. 13 City Council Minutes Monday, October 12, 2009 Page 8 of 10 RESOLUTION 2009-161 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Sushumna Aggarwal (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4251. Jefferson Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 17, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on August 10, 2009 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 17, 2009 inspectors re-inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 2, 2009 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove the dead tree in the back yard. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4251 Jefferson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property [ocated at 4251 Jefferson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2009-167 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article 11, of City Code, of the property owned by Bank of New York Trust Company (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1218-20 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 7, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on September 2, 2009 the Fire Department responded to a fire at the address listed above. After the situation was under control the Fire Chief ordered an immediate abatement and that the building secured. The owners were not able to secure the building. The Fire Chief ordered DuAll Services to respond to the scene and secured the building with plywood. 2. That on October 7, 2009 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database.. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous situation located at 218- 14 City Council Minutes Monday, October 12, 2009 Page 9 of 10 20 Circle Terrace Blvd. N.E. 4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8?06(A} and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1218-20 Circle Terrace N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1218-20 Circle Terrace Blvd. N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2009-162 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A} of that certain residential rental license held by Refugio Martinez (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3826 Buchanan Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408($), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 16, 2009 of an public hearing to be held on October 12, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about August 31, 2009, inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 16, 2009 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address Iisted in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection and failure to submit renewal rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U3826 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION N0.2009-160 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR ALLEY LIGHT AREA N0.677-43 Adopting assessment roll according to the City Charter for the following local improvement and' determining that said improvement will be made and ratifying and confirming all other proceedings, heretofore had: Special Assessment for alley light area numbered 677-43 WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 12`h day of October, in the City Council Chamber, 590 40`h Avenue N.E. Columbia Heights, Minnesota, being the time and. place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, 15 City Council Minutes Monday, October 12, ?009 Page 10 of 10 WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-43 for Alley lighting, a copy of which is attached hereto and made a part hereof. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Xcel Energy Company. Section 3. That the assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. Section 4. This resolution shall take effect immediately upon its passage. 16 Approved 10/7/2009 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES September 2009 The September Agenda and all associated materials were sent to Library Board members via email. The minutes of the August 5, 2009, Board meeting were approved as mailed. The bill list dated 8/24/09 was reviewed.. It was moved, seconded and passed that the bills be paid. The bill list dated. 9/14/09 was reviewed. It was moved, seconded and passed that the bills be paid. Motions made, seconded and passed via phone poll. The 2009 accounting dated 912/09 was reviewed. New Business: 1. The 2010 Holiday schedule was approved as mailed. 2. a. It was approved. to transfer $5,000 from S l 80 (other equipment) to 2011 (computer equipment}. b. It was approved to transfer $668 from 2182 (electronic databases) to 2011 (computer equipment). Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its serviees, p~rogra~ns, or activities. Upon rega~est, acco~n~nodation will be provided io allow individuuls wiih disubiiities to participate in all City of Coia~rrabia heights ser vices, programs, and activities. 17 PLANNING AND ZONING CONIlVIISSION NIINUTES OF THE REGULAR MEETING OCTOBER 20, 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), and Shelley Hanson (Secretary). PUBLIC HEARINGS CASE NUMBER: 2009-1002 APPLICANT: Jimmy John's Restaurant LOCATION: 4955 Central Avenue REQUEST: Site Plan Approval, Variances INTRODUCTION Sargent explained that Jimmy John's Restaurant is requesting a Site Plan approval for the construction of a new restaurant located at 4955 Central Avenue. As part of the approval process, the applicant is also requesting three variances. They are as follows: 1. A 2.7-foot rear yard parking setback variance per Code Section 9.110 (C). 2. A 2.5-foot side yard parking setback variance per Code Section 9.110 (C). 3. A 2-foot drive aisle width variance per Code Section 9.106 (L)(11}. BACKGROUND Jimmy John's Restaurant would like to locate a store within the City of Columbia Heights. Currently, they have signed a letter of intent to locate their restaurant at 4955 Central Avenue, home to the former Jiffy Lube. Jimmy John's has expressed interest in being able to start construction in 2009, and given how late in the construction season it is, Staff felt that holding a special meeting would be appropriate. 1-le noted that the demolition permit has already been issued for the Jiffy t .ube Building. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for commercial development that includes goals for commercial and economic development. These include 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 is a commercial proposal, which replaces arun-down and old building with a new building that would meet the intent of the Design Guidelines established for the area. For this reason, the proposal is consistent with the Comprehensive Plan The Design Guidelines were adopted by the City Council 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 a number of new businesses that have located within the City. Even though the proposed. plans submitted by the applicant include two deviations frozr~ the Design Guidelines, the deviations are consistent with the intent of the Design ~ 8 Page 1 Guidelines and contextually acceptable in the overall design of the project. ZONING ORDINANCE The property located. at 4955 Central Avenue NE is zoned GB, General Business, as are the properties to the north, south and west. The properties to the east are zoned R-2A and R-2B, One and Two Family ResidenfraL The property is also located within the Design Guideline Highway District and is subject to the regulations for such properties. Parking. Fast food restaurants with drive thru convenience require six (6) parking stalls plus one (1) parking stall for each 40 square feet of service/dining area. The proposed restaurant will have 680 square feet of dining area. Therefore, the project requires 23 on-site parking stalls. The proposed site plan indicates 23 on-site parking stalls, two of which accommodate parallel parking. Drive-Thru Facilities. The Zoning Code requires a minimum of six (6) stacking spaces per drive thru lane. The proposed plans indicate six (6} stacking spaces. The Zoning Code also requires a minimum drive aisle width for drive thru facilities at 12 feet, exclusive of any other required drive aisles. On the east side of the property, the applicant is proposing aone-way drive aisle for traffic exiting the property in the same general location as the drive aisle for the drive-thru. The combined width of this area is required to be 24 feet. The proposal is for this area to be only 22 feet in width. For this reason, a 2-foot width variance is required. Sargent noted that entrance to the site will be from the Central Ave frontage road and that vehicles will be able to exit onto the service road or onto 50th Avenue. 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 100 square feet of landscape area and one over-story tree for each 20 spaces or fraction thereof as well. 4955 Central Avenue has 250 feet of street frontage, and incorporates 23 parking spaces. This requires six (6) trees, one of which shall be an over-story tree, and 1.00 square feet of landscape area. The proposed plan indicates a total of six (6) trees, all of which are over-story trees, and approximately 1,000 square feet of landscaped area, meeting the City's minimum requirements in both regards. Included in the landscape plan for the project will be 13 shrubs. signage. The Sign Cnrie allows the building to have 2 square feet of signage for each 1 foot of building frontage, capped at 200 square feet. The proposed restaurant is located on the corner of 50th Avenue and. Central Avenue, and thus has a total of 92 feet of street frontage. For this reason, the building would be allowed up to 184 square feet of signage. The sign plan indicates a total of 75 square feet of signage, meeting the maximum requirements. The proposed plan. also indicates the use of a monument sign, located 5 feet from the front and side property lines. City Code requires monument signs to be no greater than eight (8) feet in height, no larger than forty (40) square feet in area, and shall have a masonry base to match the principal structure. The monument sign is also subject to regulations regarding its illumination, as determined by the Design Guidelines. As the applicants do not yet have plans for the proposed monument signs, they shall be held to the Crty Code requirements and the final monument sign will be approved by the City Planner during the sign permit application process. Stormwater Management. The subject parcel is around one-third. of an acre and currently does not utilize any type of Stormwater management system. Typically, the rainwater runoff would be collected. from the site by the municipal utilities. However, the water draining from this property ultimately ends up in Sullivan Lake, which is considered an impaired waterway by the DNR. For this 19 Page 2 reason, a storn?water management fee will be calculated and applied to the project in order to pay for the services needed to clean the rainwater runoff prior to it entering Sullivan Lake. Design Guidelines. The project is located at 4955 Central Avenue, which is also located within the Design Overlay Highway District. Properties located in this district are subject to design guidelines when discussing the placement of the building on the lot, the height of the building, architectural details of the building, and signage. The design guidelines build on and complement recently completed streetscape improvements to the Central Avenue business district. They were developed by consultants, and a Citizen Task Force with representatives from the City Council, Planning Commission, area business owners and landowners, and interested citizens, and are mandatory. It is assumed that the intent of the guidelines should be met, however, it is understood that tl?ere may be alternative ways to achieve the same design objectives. The City may permit alternative approaches that, in its determination, meet the objective(s) of the design guideline(s) equally well. The City may also waive any guideline when specific physical conditions of the site or building would make compliance more difficult or inappropriate. Some Design Guideline elements that have been met are as follows: FRANCHISE ARCHITECTURE. Franchise architecture (building design that is trademarked. or identified with a particular chain or corporation and is generic in nature) is prohibited unless it employs a traditional storefront commercial style. The Jimmy John's building itself is not shaped in away that distinguishes the building as a Jimmy John's Restaurant, and it also employs a traditional storefront commercial style. For this reason, the proposed building meets the Design Guidelines pertaining to franchise architecture. DRIVE THRU FACILITIES. Drive-thru elements shall be placed to the side or rear of the principal building, and shall not be located between any building facade and Central Avenue. The proposed location of the drive-thru elements is located on the north side of the building, behind the front face of the restaurant. The orientation of the building to Central Avenue is directly related to the location of the drive-thru faczlit:es. C. ;' Staff feels that :t would be more desirable to 1?ave the drive-thru elements located correctly on the property than to have the building oriented correctly. PRIMARY FACADES. The base or ground floor of the building shall include elements that relate to the human scale, including texture, projections, doors and windows, awnings, canopies or ornamentation. The Jimmy John's building design incorporates brick, windows, awnings and building projections, all achieving the intent of the Design Guidelines. FINDINGS OF FACT (Variances) The applicant is proposing two variances per Code Section 9.110 (C) pertaining to parking setback requirements, The first is a 2.7-foot rear yard setback variance, and the second is a 2.5-foot side yard setback variance. The applicant is also proposing a 2-foot drive aisle width variance per Code Section 9.106 (L)(11). Section 1.104 (G) of the Columbia Heights Zoning Code requires that the City Council make each of the following five (5) findings before approving a variance: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. 20 Page 3 The subject property is only 11 S feet in width and 135 feet in depth. This small lot configuration makes it extremely difficult to place a building, drive aisles, parking stalls and landscaping without needing a variance to do so. The shape of the property, therefore, drives the setback variance requests for parking and drive aisles. b) The conditions upon which the variance is based are unique to the specific parcel of land involved. and are generally not applicable to other properties within the same zoning classification. This property is unigzze in that it is an extremely snzall commez^ciad piece of property located on a corner. Setback requirements are more restrictive when applied to two separate rights- of-way instead of only one. There are few other properties along Central Avenue where this is the case. c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The provision of the City Code requires specijc setback standards for parking that would make development on this property very difficuh to manage, if not impossible due to the small lot area that the applicant has to work with. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this property_for commercial redevelopment. The granting of the variances would aide in fulfilling the goals of~the Comprehensive Plan for this area. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the variances would enable the development of a new restaurant and would remove an abandoned and zznutilized commercial building. The requested variances will not be detrimental to the public welfare or use of properties in the vicinity, FINDINGS OF FACT (Site Plan Approval) Section 9.1 na rnT) of the ('r~l~i~nbia ~cightc Inning ('.pcjP rerai~irec that the Planning Cpmt~'tission make each of the following four (4) findings before approving a site plan: The site plan conforms to all applicable requirements of this article. As stated previously, the project site is located in the Design Overlay Highwczv District. There are two proposed deviations from the Design Guidelines ,for the construction of the Jimmy John's Restaurant building as currently presented They include the following: Building Placement. The Design Guidelines require the buildings to have awell-defined front facade with primary entrances facing the street. Buildings should be aligned so that the dominant lines of their facades parallel the line of the street and create a continuous edge. The Jimmy John 's building has awell-deftned front facade facing Central Avenue, however, the dominant lines of the bzzilding do not face that direction. The dominant facades are perpendiczrlar to Central Avenue rather than parallel, which does not meet the Design Guidelines criterion. Staff has detez•zzzined that the proposed placement of the bzrilding on the property is the only location that will adequately provide parking stalls and drive aisle placement, while still providing the adequate space for the building and drive-thru facilities. 2~ Page 4 As stated previously, the os°ientation of the building and the location of the drive-thru elements are directly related. The applicant and staff agreed that locating the drive-thru elements correctly had a ~°eater visual impact than orienting the building correctly. Building 8eigh~ All buildings shall have a minimum cornice height of 22 feet in order to create an increased sense of enclosure and diminish the perceived width of the street. This also conveys amulti-story appearance even if the building has only one occupied floor. Given the width of the proposed building and the size of the lot, a 22 foot height requirement would make the structure look disproportional. Staff feels that a deviation from the Design Guidelines in this respect still meets the intent. 2. The site plan is consistent with the applicable provisions of the City's Comprehensive Plan. The applicant's proposal is a commercial building; and therefore consistent with the Comprehensive Plan. 3. The site plan is consistent with any applicable area plan. Currently, there is no area plan for the proposed project area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The proposed plans are consistent with the Zoning Code in regards to building setback and screening fi~ant adjacent residentially zoned parcels. For this reason, the site plan minimizes and adverse impacts on property in the immediate vicinity and public rights-oj= way. The construction of a new Jimmy John's Restaurant would give the City an opportunity to replace an abandoned run-down commercial building with a new structure. Staff feels that the end product will be an asset to the community, and will aid in the effort to redevelop older portions of Central Avenue. For these reasons, staff recommends approval of the site plan and variances. Questions from Members: Thompson said he would defer to members of the task force that worked on the Design Guidelines and wanted to know what their intent was for the building height requirement. Szurek said the height requirement was put in as a guideline that would apply to most buildings along Central Avenue, but because this building and site is much smaller than others along Central, she feels the requirement should be flexible as it would make the building look odd. She said the slight deviation from the height requirement is acceptable and still meets the intent of the guidelines. Thompson then questioned whether the parking spaces should be 20 feet in length instead of the proposed 18 feet. He noted that some of the 18-foot spaces abut the sidewalk area so vehicles will overhang onto the sidewalk. Sargent said an Ordinance change a few years back allows for 18 foot length spaces, even if they abut a curb or sidewalk. The previous Ordinance did. require parking spaces to be 20 foot in length. He told members that the application meets current policy, and therefore, does not require any variances. He also noted that the parallel parking spaces are 24 foot in length for vehicles needing extra length. If the commission wishes to change the requirements, it would require another policy change. Schmitt asked how many patrons the restaurant would seat. John Patterson (Designer/Constractor) responded that tl~e seating plan was not 100% complete yet, but that seating would be minimal. The majority of their patrons are take out, drive-thru, and delivery. Schmitt has concerns about customers 22 Page 5 coming in the wrong way off SOt" Avenue that is designated as exit only. She would like to see that access changed to two-way, even if it means giving up some of the parking spaces. Sargent stated that Public Works and MN Dot are also reviewing the plans, and thus far, feel the traffic flow proposed on the site is the best design. He said it is similar to that used at the Taco Bell site. Peterson stated he went and looked at the site closely and has three concerns: I a The Plan as it stands is too close to 50`" Avenue and makes the intersection seemed cramped. 2. Although the Design Guidelines say Drive-thrus can't face Central Avenue, he doesn't think they should face 50`" Avenue either. 3. If the north side is constructed as shown on the proposed plan, he thinks it is boring and not attractive to the residents in the area or to the traffic flow they are hoping to entice to the site. His first impression was that it was generally a good design, but after consideration, he feels the plan should be reversed. Peterson thought by reversing the plan, it would eliminate access and exit problems, make traffic flow on the site easier, that it would eliminate the need for a double traffic lane in drive-thru area and would. enable the dumpster to be located in a better spot. Dan Vansteenburg, the franchisee, agreed the north wall on the proposed plan that was submitted was plain. He said they have already decided to add more windows, awnings, and signage to that side to make it more aesthetically appealing. He also stated. that they tried a design such as the one suggested by Commission member Peterson, but that it didn't allow for a large enough kitchen to ensure a profitable business from an operational standpoint. He told members they had worked on eight different designs for the site and the only way they could meet parking requirements and most of the design guidelines was to construct the building as submitted. He explained they also put ail the requirements into the CAD System and this layout for the site was the only one that came close to working. Peterson didn't understand how parking would be affected by reversing the plan. He also expressed his concern that the project look as nice as possible to residents who live in the near by neighborhood. Sargent reminded members that the Design Guidelines for the downtown area which follow Urban DPs~gn practices, en~nurage Fjiiilriipgc to be played as far forward as possible on the site, Fven though, this site is located in the Highway District they are trying to incorporate as many of the guidelines as possible into their design. By locating the building forward to the corner, it makes the building look larger and more noticeable. He noted that the Jiffy Lube building was 2,200 sq. ft. and. the proposed Jimmy John's building will be 1,900 sq. ft. He also stated that the new building would look nicer along both roadways than open parking spaces. Sargent told members that if the plan were reversed, the access points would need to be re-relocated and the parking setbacks would be different which would prevent them from meeting the required number, which makes the reverse plan not workable. Szurek also reminded members that their role is to accept or deny the plan submitted based on whether it meets our current policies, ordinances, and laws. It is not the commission's role to re- design their project. They have already decided what will work best for them. Dan Vansteenburg told members this is his 20`"Jimmy Johns in the metro area. He has been opening stores during the past eight years and this will be his first stand-alone building in the Twin Cities. He explained that there are over 900 Jimmy John's across the country and only 75 of those are stand- alone buildings. Jimmy John's corporate offices look at every plan and have to approve the site 23 Page 6 design in order for him to open a franchise location. Based on prior experience, they didn't accept the initial plan because of the traffic flow on the site. However, they have approved. this site design. Peterson said. he can accept the plan submitted., if there are no other options due to the size of the parcel. Szurek stated she thought this project would be much nicer looking than the empty Jiffy Lube building. Public Hearing Opened. Marv Sowada who owns property directly east of this property had concerns whether the existing fence would be replaced as part of the project. He said the fence is in poor condition and is actually placed about two feet on his property. Mr. Patterson said they have had contact with Mr. Sowada and it is their intent to replace the fence with a maintenance free type and that they will relocate it onto their property. Mr. Sowada was also concerned about the lighting on the site, but after reviewing the plan, is satisfied with their plan not being intrusive onto the adjacent neighbors. He also is somewhat concerned about the traffic flow entering and exiting the site, but understands their reasons for the proposed layout. Public Hearing Closed. Sargent suggested adding a couple of additional conditions for the approval of the site plan based on some of the conversation regarding this issue. He suggested adding the following: #12. That the fence located along the east property line be replaced with a maintenance free type and that it be re-located within the property of 4955 Central Avenue. #13. That more windows, awnings and signage be added to the north side of the proposed building than what was indicated on the preliminary plans. Motion by Thompson, seconded by Schmitt, to waive the reading oj'Resolution No. 2009-PZ09, there being an.?pie copies available to the public. All ryes. MOTION PA,S,SFD. Motion by Thompson, seconded by Schmitt, to adopt Resolution No. 2009-PZ09, being a resolution approving a site plan, for a Jimmy John 's restaurant located at =1955 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: Prior to at the time of issuing a building permit, surety in the form of a Letter of Credit or cash escrow shall be provided to Public Works in the amount of $S, 000 for erosion control & site restoration in accordance with the City storm water management code. This will be returned following completion of turf establishment. 2. A letter° of credit (LOC) needs to be provided prior to at the time of issuing a building permit for the public improvements and site landscaping. The calculation of the LOC shall include the removal and reconstruction of the alley and complete site landscaping x 1.25%. 24 Page 7 3. For engineering site inspection, the Developer shall provide $1,500 to be deposited in an engineering escrow account for public ROW improvements, site SWPPP and utility connections. All unitised funds are returned to the Developer at project completion. 4. The site storm water management meets City requirements for rate control but only partially meets requirements for injiltration and water quality. A partial storm water management fee has been calculated and applied to the project, payable prior to or at the time of issuing the building permit. Se Ta minimize vehicle tracking, all construction traffic shall be directed through the vehicle tracking pads, as indicated on the plan. 6. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. The Site Plan shozdd show locations of "Stop ", "Do Not Enter " signage as needed. 8. The Site Plan needs to ident~ a concrete washout area on erosion control plans. 9. Anv landscaping placed within or near the City or State rights-of--way shall be installed at the owner's risk. If any type of maintenance to the rights-of-way is required, the removal and replacement of said landscaping would be at the owner 's expense. 10. The existing pole far the pylon sign must be removed 11. The proposed monument sign shall be no taller than eight (8) feet in height, no larger than forty (=10) square feet per side, shall have a masonry base to match the principal structure, and shall be illuminated as allowed by the Design Guidelines. Final approval of the monument sign shall be by the City Planner, through the sign permit requirement. 12. That the fence located along the east property line be replaced with a maintenance free type and that it be re-located within the property of=1953 Central Avenue. 13. That more windows, awnings and signage be added to the north side of the proposed building than what was indicated on the preliminary plans. All ayes. MOTION PASSED. Motion by Thompson, seconded by Schmitt, that the Planning Commission recommends that the City Council approve the 2.7-foot rear yard parking setback variance, the 2.5 foot side yard parking variance and the 2 foot width variance for a drive aisle for the property located at X955 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. All application materials including maps, drawings, and descriptive information submitted with the application shall become part of the permit. All Ayese MOTION PASSED, 25 Page 8 RESOLUTION N0.2009-PZ09 RESOLUTION OF THE PLANNING AND ZONING COMIVIISSION APPROVING A SITE PLAN FOR AS JIMMY JOHN'S RESTAURANT AT 4955 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2009-1002) has been submitted by John Patterson, doing business for Jimmy John's Restaurant to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4955 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for a new Jimmy John's restaurant located at 4955 Central Avenue WHEREAS, the Planning Commission has held a special public hearing as required by the city Zoning Code on October 20, 2009; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and 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 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 near after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Prior to at the time of issuing a building permit, surety in the form of a Letter of Credit or cash escrow shall be provided to Public Works in the amount of $5,000 for erosion control & site restoration in accordance with the City storm water management code. This will be returned following completion of turf establishment. 2e A letter of credit (LOC) needs to be provided prior to at the time of issuing a building permit for the public improvements and site landscaping. The calculation of the LOC shall include the removal and reconstruction of the alley and complete site landscaping x 1.25%. 3. For engineering site inspection, the Developer shall provide $1,500 to be deposited in an engineering escrow account for public ROW improvements, site SWPPP and utility connections. All unused funds are returned to the Developer at project completion. 4. The site storm water management meets City requirements for rate control but only partially meets requirements for infiltration and water quality. A partial storm water management fee has bee calculated and applied to the project, payable prior to or at the time of issuing the building permit. 5. To minimize vehicle tracking, all construction traffic shall be directed through the vehicle tracking pads, as indicated. on the plan. Page 9 26 6. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 7. The Site Plan should show locations of "Stop", "Do not Enter" signage as needed. 8. The Site Plan needs to identify a concrete washout area on erosion control plans. 9. Any landscaping placed within or near the City or State rights-of--way shall be installed at the owner's risk. If any type of maintenance to the rights-of--way is required, the removal and replacement of said landscaping would be at the owner's expense. 10. The existing pole for the pylon sign must be removed. 11, The proposed monument sign shall be no taller than eight (8) feet in height, no larger than forty (40) square feet per side, shall have a masonry base to match the principal structure, and shall be illuminated as allowed by the Design Guidelines. Final approval of the monument sign shall be by the City Planner, through the sign permit requirement. 12. That the fence located along the east property line be replaced with a maintenance free type and that it be re-located within the property of 4955 Central Avenue. 13. That more windows, awnings and signage be added to the north side of the proposed building than what was indicated on the preliminary plans. The following Resolutions will go to the City Council October 26, 2009. RESOLUTION N0.2009-XXX RESOLUTION APPROVING A V NCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR JIlVIlVIY JOHN'S RESTAURANT WHEREAS, a proposal (Case # 2009-1002) has been submitted by John Patterson doing business for Jimmy John's restaurant to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4955 Central Avenue LEGAL DESCRIPTLON: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2.7-foot rear yard parking setback variance and a 2.5-foot side yard setback variance per Cade Section 9.110 (C). WHEREAS, the Planning Commission has held a special public hearing as required by the City Zoning Code on October 20, 2009, WHEEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. Page 10 27 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. 'The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. RESOLUTION N0.2009-XXX RE5OLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR JIlVIl~ZY JOHN'S RESTAURANT WHEREAS, a proposal (Case # 2009-1002} has been submitted by John Patterson doing business for Jimmy John's restaurant to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4955 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot drive aisle width variance per Code Section 9.1.06 (L)(ll}. REAS, the Planning Commission has held a special public hearing as required by the City Zoning Code on October 20, 2009; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as Weil as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based. are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. Page 11 2a FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; anal in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (l) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. NEW BUSINESS The meeting was adjourned at 7:33 pm. Respectfully submitted, Shelley Hanson Secretary Page 12 29 CITY COUNCIL LETTER Meeting of October 20, 2009 AGENDA SECTION: CONSENT NO. ORIGINATING DEPARTMENT POLICE CITY MANAGER APPROVAL: ITEM: Approve Premises Permit Application BY: Scott Nadeau BY: ~~ , ,~ _ ~' for MN Youth Athletic Services to DATE: October 20, 2009 DATE: ! conduct charitable gambling activities at Star Bar and Grill, 4001 Central Ave NE NO: BACKGROUND Minnesota Yauth Athletic Services, 4111 Central Avenue NE, has submitted a premise permit application to hold legal. gambling activities at the Star Bar and Grill, 4001 Central Avenue NE. Minnesota Youth Athletic Services has submitted a copy of the floor plan and lease agreement with the Star Bar, along with the permit application and the investigation fee. ANALYSIS/CONCLUSION Since the organization satisfies the City Council resolution regarding charitable gambling and has paid the $250 Investigation fee, the City Manager recommends the following action. RECOMMENDED MOTION MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premises permit for Minnesota Youth Athletic Services in conjunction with activities at the Star Bar and Grill, 4001 Central Avenue NE; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. kao 30 Nlrnnesota Lawfu>r (aatr-tsling 7109 Page 1 of 2 G294 Pret7tises Permit ~~8~~i~atic~n Annual Fee $150 L FOi26nARUUSEONLY . Check # Organization [nfiormation ~ 7. Organization name ~~ 1POlBT66 ~~~«~'~ SEI2VfICES License number 04$19 S?API KI.i~E6~~1~~fR 763-761-2220 2. Chief executive officer (CEO) Daytime phone ____ tDIEBBIE ~DANL 763-7~1-2720 3. Gambling manager Daytime phone Gambling Premises Information 4. Current name of site where gambling wi{{ be conducted ~~~`~ 0~0 & C6d9Ll. 5. List any previous names for this locafion S3A#t CE~7~81E 6. Street address where premises is located X01 t:E~4FRd~L A~lE idE (Do not use a P.O. box number or mailing address) 7. City ~Tawnship County Zip node ~+L1~,U€IPIOl64 $~i1rtPae!-07'S ®R ,~reaka 55421 8. Does your or anization own the building where the gambling wiq be conducted? „C~Yes ,~Rlo If no, attach LG2t 5 Lease for Lawful Gambling Activity 9. is any other organization conducting gambling at this site? ®Yes ®No ~ Don't know 1Q. Has your organization previous{y conducted gambEing atthis site? Yes ~No Gambling Bank AGCOUnt lnfiormation(must be in Minnesota) 1. Bank name ~1®RTtDEAS1FBtARtBC Bank account number 5017439 2. Bank street address City State Zip code 8g!69 Cl`td7~l. d4~/E ~E C®LUiV161~ H~iC9~'f5 Ml~ :5421 AI! Te>•nparary and Permanent Off-site Storage Spaces far amblin a ui ment and records related to tfiis site -must be stared in Minnesota 13. Address {Do not use a P,O. box number) City State Zip code 5EE A1"TACFI~O MN MN Bingo Occasions (including Ibar hingoj 14. Enter day and beginning/ending hours of bingo occasions {A.M. or P.M.). An occasion may not exceed 8 hours. Day BeginningtEnding Hours Day Beginning/Ending Hours ~dtasedayi 5~:30~1M to 9:OOPIV9 l~.._.r....._3to W@LQ&9e~dyl 5:30PP:R tp 9:m®3~M t0 IFriday S:OOPM to 4:009'~i to Satura9ay S:dtOPR~ to 9:Odf?M ~ 1~.~~ tQ Resat Form Print Form 31 LG214 Pt'eCtlise~ Permlfi Application 7109 Page 2 of 2 Local Unit of Govemmer>tt Resolution of Approval CITY APPFtQVAL far a gambling premises located COUNTY APPROVAL far a gambiing premises Located within city limits in a township City name County name The city council has approved this application by The county board has approved this application by resolution within 90 days of the date ofi signature below. resoluton wihntn 90 days of the date of signature below. Signature of city personnel Signature of county personnel Title Da#s ! / Title Date / / Acknowledgment and ®ath ~ _ [hereby consent that local law enforcement officers, 6. I am the chief executive officer of the organization. the Board or its agen#s, and the commissioners of 6. I assume full respans'sbility for the fair and lawful operation of revenue or public safety and their agents may enter alE activities #a be conducted. the premises to inspect it and enforce the law. 7. I will familiarize myself with the laws of Minnesota governing 2, The Board and its agents, and the commissioners ofi lavufut gambling and rules of the Board and agree, if Licensed, revenue and public safety and their agents are to abide by those taws and rules, including amendments to authorized to inspect the bank recorcis of the them. gambiing account whenever necessary to fulfill g Any changes in application information will be submitted to the requirements o€current gambling rules and taw. Board no later than 10 days after the change has taken effect 3. I have read this application and ail information submitted to the Board is true, accurate, and g, I understand that failure to provide required infomtation ar complete. providing false or m'tsieading information may result in the en fatty disclosed. s b e m ~ation h 4. All required info e. denial or revocafion of the licen // / j/f ~~/ _ / / Gam/ ~"^~77~'L S~'~jilN9+G~^/ s `.~ / ~R ~ f/ ~~ / (designee may not sign} hief Execukive Officer ignature of C Date /~ / Print name ~/~'`~.7_"'tr'C, ~.. 1'i ~..7 ylC.~/''~n~11'~'2-- Required Attachments Monthly Regulatory Fee there is a remises permit for this site au receive a If 3 , tf the premises is leased, a#tach a copy of your lease. , p Y monthly regulatory fee of 0.3°l0 (.003} of grass receipts Ilse LG235 Lease for Lawful Gambling Activity. from lawful gambling conducted at the site. 2. $350 annual premises permit fee, for each permit. The fee is reported on the G1 Lawful Gambling Make check payable to "State of Minnesota." Monthly Summary and Tax Return and paid with the monthly tax repnr#. fviail tA: Gambling Control Boa u 1711 West County Road B, Suite 300 South Roseville, MiV 553 33 This form wilt be made available in alternative format (i. Questions? Call 653-639-4000 and ask for Licensing. e. large print, Braille) upon request. The information requested on this form Your name and address will be public requires access to the information; (and any attachments) will be used by the informatbn when received by the Minnesota's Department of Public Safety; Gambling Control Board (Board) to Board. All o#her information you Attorney General; Commissioners of determine your qualifications to be provide will be private data un#il the Administration, Finance, and Revenue; involved in lawful gambling activities in Board issues your premises perms#. Legislative Auditor; national and Minnesota, and to assist the Board in When the Board issues your premises international gambiing regulatory agencies; conducting a background investigation of permit, alt pemd# information provided anynne pursuant to court order, other you. You have the right to refuse to supply will becxyme public. If the Board does individuals and agencies tha# are the information requested; however, if you not issue you a premises perms#, all the specificaEly authorized by state ar federal refuse to supply Phis information, the Board information provided remains private, law to have access to the in#orma#ion; may not be able to determine your with the exception of your name and individuals and agencies for which law or qualifications and, as a consequence, may address that will re main public. Private legal order authorizes a new use or sharing refuse to issue you a premises permit. if data about you are available to: Board of information after this notice was given; you supply the information requested, the members; Board staff whose work and anyone with your consent. Board will be able fa process your _ application. Reset Eo~m L?rint Form 32 Print:Form: Nfanneso>fa LauvfuJ Gaonbieng Lt~2'~~ ~.e1~~' fir Lain Garnl~~~ng A~~6v~ 7/09 Page 7 oft heck applicable item: 1. New applicafian. Submit lease with new premises permit application. 2. New owner. Effective date Submit new {ease within t0 days after new lessor assumes ownership. 3. New lease. (Do not submit existing lease with amended changes}. 1/1169169 Date fhat changes will be effective. Submit changes at feast 10 days before the effective date of the change. Organization name Address lgE~91P69i:.tTP1 d4THl.E~'9C 5~R'V16':E5 4711 OENTIiAt. AVE NE Name of teased premises Street address 51'~6i BAR ~ 8sR1~.8. A696D1 CE4~Ti8A1. AtBE ~l` Vame of legal owner of premise: RC9~ER7' S. ~®R~L~id~ Name of lessor (if same as legal owner, wrfte in "SAME"} Businesslsfreet address ~®691 CENT68A~. E4@9~ i~E Susiness/street address City fC69Lflbt6~BiA City City S~~E BRr ~If1C,~O Refit Daytime phone 76a~-7$$-6afs~~ Daytime phone Daytime phone 6:he~k all aetevBties that wdil bt: ca~tgd¢ad Q Pult-tabs ~Ptall-tabs with dispensing device ~Tipboaa'ds ~,Paddlewheei ~Paddlewheei with table ..Bingo ®Bar bingo Pt9~1-ta9~, ~j~~DOc"ilP~r ,~6yt~ Padt$Bew6~6:e~ R~i'tl$ (Na lease required for raffles.} Booth operation -sales of gambling equipment by an employee Bar operation -sales of gambling equipment within a leased (ar vatuttteer} of a licensed organization within a separate enclosure good and beverages a~e alsof sold lessor from a common area where tt+at is distinct from areas where food and beverages ate sold. _ _ ~f)oes dour or~n'sxation OR aseg otBner oreianeaation cosee4wct gambEing from a booth operatton at this locat6on? ~ ,~ ilea fXl Rio ._ _...._ _._..._ ..._ _... ~ ._...~ _...~ - - - - i L ~ ..._ ._ _. ~ _. ~ .~ _.._ ,..._ ._...._ ~ ,~ ._ .._...._ If you answeredY'~$ to the question above, rent limits are If you answeredtl® to the question above, rent limits are based on the fallowing combinations of operation: based an the following combinations of operaUan: - Booth operation - Bar operation Booth operation and pull-tab dispensing device - Bar operation with pull-tab dispensing device - Baath operation and bar operation - Pult-tab dispensing device only - Booth operation, bar operation, and pull-tab dispensing device The maximum rent allowed may not exceed $1,750 fn total per month for a!I organizations at this premises. COM4~LEfE OfdE OP1'EOIV: COME*f.E'f'8 OhfE OPTSOPE: Option A: 0 to 10% of the gross profits per month. Percentage Option A: 0 to 24% of the grass profits per to be paid 169 % month. Percentage to be paid Option B: When grass profits are $4,000 or less per month, $0 Option B: When gross profits are $1,000 or less per month, $0 to $4U0 per month may be paid. Amount to be paid $ to $200 per month may be paid. Amount to be paid $ Option C: $0 to $400 par month on the first $4,000 of gross Option C: $0 to $200 per month on the first $1,000 of gross profit. Amount to be paid $ profits. Amount to be pa'sd $ Plus, 0°!a to 10°l0 of the gross profits may be paid per month on Plus, 0°!° to 20% of the gross profits may be paid per month on gross prof:ts aver $4,000. Percentage to be paid % gross profits over $1,000. Percentage to be paid °~ ~lt1~O Re$1~ Option C9: 0 to 10°l0 of the gross profits per month from all lawful gambling activities held during bingo occasions, excluding bar bingo. Percentage to be paid °lo Option E: A rate based on a cost per square feat, not to exceed 110% of a comparable cost per square foot for leased space, as approved by the director of the Gambling Control Board. No rent may be paid for bar bingo Rate to be paid $ per square foot. confirm the comparable rate and all applicable costs to be paid by the organization to the lessor. The lessor must attach documentation, verified by the arganizatian, to t_icense number 69Pe&'i 3 State Zip MN 55~~1 State Zip ~Bd a5~21 State Zip ~~ 5~~~ Option F: No rent may be paid for bingo conducted in a bar. ~ New Bi~~O A6;t6vity -~ For any new bingo activity not previously inc}uded in a Premises Permit Application, attach a separate sheet of paper listing the days and hours that bingo will be conducted. 3~ LG215 Luse €~r La~,rful Ca~tm~31 Leese Term The term of this tease agreement wits be concurrent with the premises permit issued by the Gambling Control Board (Board}. Management of E:ambting Prohibited The owner of the premises ar the lessor will not manage the conduct of gambling at the premises. ParticBpatian as Players Prohibited The lessor will not participate directly ar indirectly as a player in any lawful gambling conducted on the premises. The lessor's immediate family wilt not participate directly or it indirectly as a player in a puts-tab, tipboard, or paddlewheel game conducted on the premises. illegal Gambling The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7865.0220, Subpart 3. In addition, the Board may authorize the organization to vvithhoid rent far a period of up to 94 days if the Board determines that illegal gambling occurred an the premises or that the lessor ar its employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organization is authorized without payment of rent during the time period determined by the Board for violations of this provision, as authorized by Minnesota Statutes 349.18, Subdivision 1(a). To the best of the lessor's knowledge, the lessor affirms that any and alt games ar devices located on the premises are not being used, and are eat capable of being used, to a manner that violates the prohibitions against illegal gambling in Minnesota Statutes 648.75. Notv~nthstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making rent payments under the terms of this tease, if the organization or its agents are found to be solely responsible for any illegal gambling, conducted at this site, that is prohibited by Minnesota Rules 7861.0260, Subpart 1, item H or Minnesota Statutes 609.75, unless the organizafson's agents responsible far the iEiegai gambling activity are aisa agents or employees of the lessor. The lessor must not modify or terminate the lease in whole ar in part because the organization r epa, red, to a state ar tacat ',taw enforcement authority or the Board, the conduct of illegal 'gambling activity at ti~is site in which the organization did not participate. ltua rage c u, ~ der prohibitdons The lessor will not impose restrictions an the organization witty respect to providers (distributors) of gambling-related equipment and services ar in the use of net profrts for lawful purposes. The lessor, any persor residing 'sn the same household as the lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the organization to pertorm any action that would violate statute or rule. The lessor must not modify or terminate this tease in whole or in part due to the lessor's violation of this provision. If there is a dispute as tc whether a violation occurred, the lease will remain in effect pending z final determination by the Compliance Review Group (CRG) of the Gambling Contro! Board. The lessor agrees to arbitrakion when a violation of this provision is alleged. The arbitrator shah be the CRG. Access to permitted iaremises The Board and its agents, the commissioners of revenue and public safety and their agents, and taw enforcement personnel have access the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of lawfu! gambling on the premises. Lesser records The lessor must maintain a record of alt money received from the organization, and make the record available to the Board and its agents, and the comm[ss'saners of revenue and public safety and their agents upon demand. The record must be maintained far 3-1/2 years. i2ent a6!-irsc[crsiare Amounts paid as rent by the organization to the lessor are alt-inclusi hto other services or expenses provided or contracted by the lessor may be paid by the organization, including but not Eimited to: - trash removal -janitorial and ctea„ing services -electricity, heat -other utilities or services _ storage -security, security monitoring -snow removal -fawn services - in tie case of bar operations, cash shortages Any other expenditures made by an organization that is related to a teased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made to an individual. Changes in (ease If a change in ownership occurs, the organization wit! submit an amended tease to the Board within 10 days after the new lessor has assumed ownership. If the lease is amended with na change in ownership, the organization v~ill submit the amended lease to the Beard at least 10 days before the effective date of the change. -_ Acknowledgment of Lease Terms I affirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and agreements are contained in ar attached to this tease and are svb,@ect tea the aPinraeal of the diirect+mr mf the Gataabiiaag Cantraai B®ardi. The lease may be terminated by either irarty without caeas+e with a 3O-day written notice. Other terms: name and Sign~attiy~ of org/anization Print name and title of ies Dale q r v ~" d} available in _..~ _. cr, czn_ennn -n,~~ nnhlSratinn wilt he QUeStIUn3? C:onLdCL Cne Ltcensnly aex.u~,,, va,,,u,u,y ..................... -. --- alternative format (i.e. large print, Braille) upon request. The information requested on this form will become public information w en received by the Board, and used to determine your compliance wnh Minnesota statutes and rules governing lawful gambling activities. Reset Form Print Form 34 0 a 9E Q`' 5~ ~••' \...~ V s-~ •c' ~~E IT ~ ,4 v ' 35 ~ ~ PO F '.i.~~k' ~~~ .. .C '~ ~T'< ~m 0 T f q -'{^,~ i ~ c z / O ~ f Q b ~ ~'1 ~h y' ~ ~~ t r ®.+ A iii O h• ~ ~ ~ j~ it ~ O ~O tp 9 ~ m ~8: _h'm I ~ ~ j G oW O fi~2~ mm~ _ .a Z ~ z n ~ !~ ~,' r ~~+~ mpZ "'~ r = D m ..c_ m Z+ m o W ~ ~ w ~~~n ~-~iO N m aNcrn ~ e. zt ~° --t C N ~ ('~ t o a us .- -:a ~ ~. ~ ~ : ~ f r ~ n° tl ^ ~ I \ \iF ~ ~ '~.. ~ ~ I / I m cn L ~, li j ~: m ~' ' D ~ ~ ' ~ O m r Q b ~ ~~ ~ ' I Q y ~ ~ {~ 36 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of October 26, 2009 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Adopt Resolution 2009-168, authorizing BY: Sheila Cartney BY: ,~ .r„ ;%' extension request to Met Council for 47`" and DATE: October 14, 2009 Y `~%, ~ i~- Central parking ramp grant BACKGROUND: At the September 28, 2009 City Council meeting the Council approved Resolution 2009-150 authorizing the extension. request to the Metropolitan Council for 47`" and. Central parking ramp grant. Staff submitted said resolution to the Met Council, in turn they have requested additional language be in the resolution; therefore staff has revised the resolution to include the original language and the additional language required (Resolution 2009-168). At this time staff is scheduled to appear before the Community development Committee (CDC) of the Met Council on November 16, 2009. In December 2006, the City was awarded a $974,369 grant from the Metropolitan Council for construction of a parking ramp at 47`" and Central. Due to economic conditions the commercial development has not started and. an extension of the grant was given in 2007. In March of this year the City was given a second extension of the grant to December 31, 2009 with a reduction in the grant amount to $760,008. Again due to economic conditions the developer is requesting a third extension of the grant. This extension should ensure the project starts in 2010 and is finished in 2011. The Metropolitan Council has requested a revised. formal resolution be provided as part of the extension request. RECO 1NDATION: Staff recommends the City Council approve the revised resolution for a third extension of the Met Council grant. RECOr~Irv~NDED MOTION: MOTION: Move to waive the public hearing for Resolution 2009-168, there being ample copies available to the public. MOTION: Move to adopt Resolution 2009-168, authorizing submittal to the Metropolitan Council for a third extension for demonstration grant NO. 50006-166 for the 47t" and Central parking ramp. Attachments: Resolution 2009-168 COUNCIL ACTION 37 CITY OF COLUMBIA HEIGHTS RESOLUTION 2009-168 RESOLUTION AUTHORIZING AND CLARIFYIN SUBMITAL TO THE METROPOLITAN COUNCIL FOR A THIRD EXTENSION FOR DEMONSTRATION GRANT NO. SG006-166 FOR THE 47T'-' AND CENTRAL PARKING RAMP Recitals Whereas, on September 28, 2009, the City Council approved Resolution 2009-150 authorizing a submittal to the Metropolitan Council far a Third Extension for Demonstration Grant number SG006-166 for the 47th and Central Parking Ramp, and Whereas, this resolution memorializes the previous resolution with modifications, and Whereas, on December 13, 2006 the City of Coiurnbia Heights was awarded a $974,369 grant from the Metropolitan Council through the Livable Communities Demonstration Account, and Whereas, these funds were to be used for a portion of the costs to construct a parking ramp as part of a commercial and office development at 47th and Central, and Whereas, Grand Central Commons LLC, the commercial developer, gained site control of said property in October 2007, and Whereas, on February 9, 2009 the City of Columbia Heights Economic Development Authority approved a revised Development Agreement with the developer for said project, and Whereas, on March 3, 2009, the City of Columbia Heights Planning Commission app;-oYed a reyi~erl Bite plan ra~a~ting a rarli~rtinp in btiildipg cize to 35,000 square feet of commercial and. office space and the construction of a parking ramp, and Whereas, the City received a second extension on March 11, 2009 from the Metropolitan Council acknowledging the reduced site plan to 35,000 square feet of commercial and office space, and in turn a grant reduction to $760,008 and a project completion deadline of December 31, 2009, and Whereas, preliminary review of building plans has taken place, and Whereas, preliminary Engineering plans for the pipe-bursting have been completed and. reviewed by the City of Columbia Heights Engineering Department, and 38 Whereas, RJM Construction and United Properties have entered into an agreement with the commercial developer to assist in implementing the development, and Whereas, due to economic considerations the subject project has not been constructed, and Whereas, the City views that substantial progress by the developer has occurred and should ensure a project start and substantial completion date in 2010. NOW THEREFORE SE IT RESOLVED, the Columbia Heights City Counci) hereby agrees to the following: 1) The development of the commercial portion of the Grand Central Lofts project is critical to the City's revitalization of Central Ave., bolsters the redevelopment actions in the adjacent Sheffield neighborhood and will serve as a future catalyst to complete the Lofts housing plan. 2) The City strongly encourages the Metropolitan Council to grant a third. time extension to allow development to commence in 201.0. Passed this 26th day of October Offered by: Second by: Mayor Gary L. Peterson Roll call: Attest: Patricia Muscovitz CMC City Clerk 39 CITY COUNCIL LETTER Meeting of: October 26, 2009 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Approve acquisition of 4110 6th Street - BY: Sheila Cartney o, ~ BY: ~ y- ~ ~,~--- Resolution 2009-1.69 DATE: October 14, 2009 ~' ~`° Background• At the June 22, 2009 City Council meeting the City Council approved modifications to the C8 TIF district to create a scattered site district. The purpose of this district is to acquire and demolish the most blighted properties in the community that are currently for sale within the foreclosure market. The following guidelines for acquisition were approved: 1} An acquisition price point of $55,000 or less 2) All homes purchased will be demolished 3) Homes acquired should fall in one of the following categories: a. Evidence of structural failure b. Hazardous conditions including extensive mold c. Functional obsolescence (size of property, interior layout) d. Extensive physical deterioration 4) Residual vacant lots shall meet existing zoning standards for purposes of rebuilding 5) Recognition that extenuating circumstances may require deviation from the above policies As part of the project described above the City has negotiated the purchase of property located at 4110 6th Street for $40,000 plus closing costs and demolition. The subject lot is about 5,200 square feet with an existing three bedroom single-family home that is 1,033 square feet, which was built in 1926. There is also a detached. garage. This house shows signs of severe deterioration, the most critical being evidence of structural displacement by floor sloping and buckling, bowing of back exterior walls, severe foundation cracking, and non-plumbed. walls. In 2005 permits were pulled. for a basement remodel, but were never finaled. The basement has an illegal aparhnent, incorrectly vented bathroom, water heater and. furnace not meeting spacing requirements. In addition the furnace appears to be in disrepair. The main floor has an illegal porch and the floor slopes in several different directions. The siding on the house does not have a vapor barrier. The garage has not been maintained and is shifting on the foundation. Recommendation• Staff recommends approval of the purchase. Recommended Motion; Move to waive the reading of Resolution 2009- 169, there being ample amount of copies available to the public. Move to adopt Resolution 2009-169, approving the acquisition of property located at 4110 6th Street NE; furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: Resolution 2009-169 COUNCIL ACTION: 40 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION N0.2009-169 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 4110 6th STREET NORTHEAST IN THE CITY AND ASSIGNMENT THEREOF TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED By the City Council (the "Council") of the City of Columbia Heights, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority (the "Authority") administers the Downtown CBD Redevelopment Project (the "Project") within the City, which was established under Minnesota Statutes, Sections 469.001. to 469.047 (the "HRA Act"). 1.02. The Authority has undertaken a program to acquire homes in the Project in order to address foreclosure problems and remediate and prevent the emergence of blight. 1.03. The City, as a state public body under Section 469.041. of the HRA Act, is authorized. to make contributions to the Project. 1.04. In order to acquire certain properties in a timely fashion, the City has determined to assist with such acquisitions by negotiating with sellers and. entering into purchase agreements on behalf of the Authority. 1.05. City staff have negotiated a Real Estate Purchase Agreement with Epic Realty Inc. (the ``Seller") dated as of October 9, 2009, including all related addenda and disclosures thereto (collectively, the "Purchase Agreement"), for real property located at 41.1.0 6th Street Northeast and legally described as follows: Lot 13, Block 47, Columbia Heights Annex(the ``Property"), which Purchase Agreement is contingent upon approval by the City Council. 1..06. The City intends to assign its interests in the Purchase Agreement to the Authority, contingent only upon acceptance by the Authority of such assignment. 1.07. The Purchase .Agreement has been prepared and submitted to this Council and is on file with the City Manager. Section 2. Approval and Assigmnent. 2.01. The Purchase Agreement for the Property is hereby approved, and the execution of the Purchase Agreement by the City is hereby ratified. Pursuant to the Purchase Agreement, the City will purchase the Property for $40,000. City staff and officials are authorized and directed to take all such other actions to complete the purchase of the Property, including without limitation execution of all documents and agreements related to such transaction. 41 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and officials are authorized and directed to take all such other actions to complete the assignment of the City's interests in the Purchase Agreement to the Authority, including without limitation execution of any documents and. agreements necessary to effectuate such assignment. Passed. this 26t" day of October 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson ATTEST: Patricia Muscovitz CMC City Clerk 2 42 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: October 26, 2009 AGENDA SECTION: Consent Agenda ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Approval of a 2.7-foot rear yard setback BY: Jeff Sargent, City Planner BY: ~~~ variance and a 2.5-foot side yard setback DATE: October 21, 2009 ~~'"~ ~ variance for parking and a 2-foot aisle width variance for 4955 Central Avenue. BACKGROUND: At this time, Jimmy John's Restaurant is requesting three variances in association with the construction of a new restaurant located at 4955 Central Avenue. They are as follows: 1. A 2.7-foot rear yard parking setback variance per Code Section 9.110 (C). 2. A 2.5-foot side yard parking setback variance per Code Section 9.110 (C). 3. A 2-foot drive aisle width variance per Code Section 9.106 (L)(11). The subject property is only 11.5 feet in width and 135 feet in depth. This small lot configuration makes it extremely difficult to place a building, drive aisles, parking stalls and landscaping without needing variances to do so. The shape of the property, therefore, drives the setback variance requests for parking and drive aisles. RECOMII~NDATION: The Planning Commission recommended approval of all three variance requests in conjunction with the construction of a new Jimmy John's Restaurant at 4955 Central Avenue with a 5-0 vote at the Special October 20, 2009 Planning and Zoning Commission Meeting. RECOMMENDED MOTION: Move to waive the reading of Resolution 2009-179, there being ample copies available to the public. Move to adopt Resolution No.2009-1.79, approving a 2.7-foot rear yard setback variance for parking, a 2.5-foot side yard setback variance for parking and a 2-foot aisle width variance for 4955 Central Avenue, subject to the conditions outlined in Resolution No, 2009-179. Attacl2ments; Resolution ZUUy-1 %y; Y+L Nlemo; Location Map, J'ite Ylan, Y~~olect Nai°~~atrve mom COUNCIL ACTION: 43 RESOLUTION N0.2009-179 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR JIlVIMY JOHN'S RESTAURANT WHEREAS, a proposal (Case # 2009-1002) has been submitted by John Patterson doing business for Jimmy John's restaurant to the City Council requesting a variance from the City of Columbia Heights Zoning Cade at the following site: ADDRESS: 4955 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2.7-foot rear yard parking setback variance and. a 2.5-foot side yard. setback variance per Code Section 9.110 (C); and a 2-foot drive aisle width variance per Code Section 9.106 (L)(1 I ). VVHEREAS, the Planning Commission has held a special public hearing as required by the City Zoning Code on October 20, 2009; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved. and. are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4, The granting of the variance is in harmony with the general purpose and. intent of the Comprehensive Plan. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. 44 Resolution No. 2009-179 Page 2 FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and. void. if the project has not been completed within one (1) calendar year after the approval date, subject to petition far renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. Passed this 26t" day of October, 2009 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia iviuscoviiz, CMC City Clerk 45 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2009-1002 DATE: October 20, 2009 (Special Meeting) TO: Columbia Heights Planning Commission APPLICANT: Jimmy John's Restaurant LOCATION: 4955 Central Avenue REQUEST: Site Plan Approval, Variances PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Jimmy John's Restaurant is requesting a Site Plan approval for the construction of a new restaurant located at 4955 Central Avenue. As part of the approval process, the applicant is also requesting three variances. They are as follows: A 2.7-foot rear yard parking setback variance per Code Section 9.110 (C). 2. A 2.5-foot side yard parking setback variance per Code Section 9.110 (C}. 3. A 2-foot drive aisle width variance per Code Section 9.106 (L)(11). ~ACI~OROUND Jimmy John's Restaurant would like to locate a store within the City of Columbia Heights. Currently, they have signed a letter of intent to locate their restaurant at 4955 Central Avenue, home to the former Jiffy Lube. Jimmy John's has expressed interest in being able to start construction in 2009. Given how late in the construction season it is, Staff felt that holding a special meeting would be appropriate. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for commercial development that includes goals for commercial and economic development. These 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; City of Columbia Heights Planning Commission October 20, 2009 Jimmy John's, Site Plan Approval, Variances Case # 2009-1002 advocating high qualify development and redevelopment within the community; and enhancing the economic viability of the community. The applicant's proposal is a commercial proposal, which replaces arun-down and old building with a new building that would meet the intent of the Design Guidelines established for the area. For this reason, the proposal is consistent with the Comprehensive Plan 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 a number of new businesses that have located within the City. Even though the proposed plans submitted by the applicant include two deviations from the Design Guidelines, the deviations are consistent with the intent of the Design Guidelines and contextually acceptable in the overall design of the project. ZONING ORDINANCE The property located at 4955 Central Avenue NE is zoned GB, General Business, as are the properties to the north, south and west. The properties to the east are zoned R- 2A and R-2B, One and Two Family Residential. The property is also located within the Design Guideline Highway District and is subject to the regulations for such properties. Parking. Fast food restaurants with drive thru convenience require six (6) parking stalls plus one (1) parking stall for each 40 square feet of service/dining area. The proposed restaurant will have 680 square feet of dining area. Therefore, the project requires 23 on-site parking stalls. The proposed site plan indicates 23 on-site parking stalls, two of which accommodate parallel parking. 9_riye-Thr~ Facilities. The Zoning Code requires a minimum of six (6) stacking spaces per drive thru lane. The proposed plans indicate six (6) stacking spaces. The Zoning Code also requires a minimum drive aisle width for drive thru facilities at 12 feet, exclusive of any other required drive aisles. On the east side of the property, the applicant is proposing aone-way drive aisle for traffic exiting the property in the same general location as the drive aisle for the drive-thru. The combined width of this area is required to be 24 feet. The proposal is for this area to be only 22 feet in width. For this reason, a 2-foot width variance is required. 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 100 square feet of landscape area and one over-story tree for each 20 spaces or fraction thereof as well. 4955 Central Avenue has 250 feet of street frontage, and incorporates 23 parking spaces. This requires six (6) trees, one of which shall be an over-story tree, and 100 square feet of landscape area. The proposed plan indicates a total of six (6) trees, all of which are over-story trees, and approximately 1,000 square Page 2 47 City of Columbia Heights Planning Commission October 20, 2009 Jimmy John's, Site Plan Approval, Variances Case # 2009-1002 feet of landscaped area, meeting the City's minimum requirements in both regards. Included in the landscape plan for the project will be 13 shrubs. signage. The Sign Code allows the building to have 2 square feet of signage for each 1 foot of building frontage, capped at 200 square feet. The proposed restaurant is located on the corner of 50th Avenue and Central Avenue, and thus has a total of 92 feet of street frontage. For this reason, the building would be allowed up to 184 square feet of signage. The sign plan indicates a total of 75 square feet of signage, meeting the maximum requirements. The proposed plan also indicates the use of a monument sign, located 5 feet from the front and side property lines. City Code requires monument signs to be no greater than eight (8) feet in height, no larger than forty (40) square feet in area, and shall have a masonry base to match the principal structure. The monument sign is also subject to regulations regarding its illumination, as determined by the Design Guidelines. As the applicants do not yet have plans for the proposed monument signs, they shall be held to the City Code requirements and the final monument sign will be approved by the City Planner during the sign permit application process. stormwater Management. The subject parcel is around one-third of an acre and currently does not utilize any type of stormwater management system. Typically, the rainwater runoff would be collected from the site by the municipal utilities. However, the water draining from this property ultimately ends up in Sullivan Lake, which is considered an impaired waterway by the DNR. For this reason, a stormwater management fee will be calculated and applied to the project in order to pay for the services needed to clean the rainwater runoff prior to it entering Sullivan Lake. Design Guidelines. The project is located at 4955 Central Avenue, which is also located within the Design Overlay Highway District. Properties located in this district are subject to design guidelines when discussing the placement of the building on the lot, the height of the building, architectural details of the building, and signage. The design guidelines build on and complement recently completed streetscape improvements to the Central Avenue business district. They were developed by consultants, and a Citizen Task Force with representatives from the City Council, Planning Commission, area business owners and landowners, and interested citizens, and are mandatory. It is assumed that the intent of the guidelines should be met, however, it is understood that there may be alternative ways to achieve the same design objectives. The City may permit alternative approaches that, in its determination, meet the objective(s) of the design guideline(s) equally well. The City may also waive any guideline when specific physical conditions of the site or building would make compliance more difficult or inappropriate. Page 3 48 City of Columbia Heights Planning Commission October 20, 2009 Jimmy John's, Site Plan Approval, Variances Case # 2009-1002 Some Design Guideline elements that have been met are as follows: FRANCHISE ARCHITECTURE. Franchise architecture (building design that is trademarked or identified with a particular chain or corporation and is generic in nature) is prohibited unless it employs a traditional storefront commercial style. The Jimmy John's building itself is not shaped in a way that distinguishes the building as a Jimmy John's Restaurant, and it also employs a traditional storefront commercial style. For this reason, the proposed building meets the Design Guidelines pertaining to franchise architecture. DRIVE THRU FACILITIES. Drive-thru elements shall be placed to the side or rear of the principal building, and shall not be located between any building fagade and Central Avenue. The proposed location of the drive-thru elements is located on the north side of the building, behind the front face of the restaurant. The orientation of the building to Central Avenue is directly related to the location of the drive-thru facilities. City Staff feels that it would be more desirable to have the drive-thru elements located correctly on the property than to have the building oriented correctly. PRIMARY FACADES. The base or ground floor of the building shall include elements that relate to the human scale, including texture, projections, doors and windows, awnings, canopies or ornamentation. The Jimmy John's building design incorporates brick, windows, awnings and building projections, all achieving the intent of the Design Guidelines. FINDINGS OF FACT (Variances) The applicant is proposing two variances per Code Section 9.110 (C) pertaining to parking setback requirements. The first is a 2.7-foot rear yard setback variance, and the second is a 2.5-foot side yard setback variance. The applicant is also proposing a 2-foot drive aisle width variance per Code Section 9.106 (t_)(11). Section 1.104 (G) of the Columbia Heights Zoning Code requires that the City Council make each of the following five (5) findings before approving a variance: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The subject property is only 115 feet in width and 135 feet in depth. This small lot configuration makes it extremely difficult to place a building, drive aisles, parking stalls and landscaping without needing a variance to do so. The shape of the property, therefore, drives the setback variance requests for parking and drive aisles, Page 4 49 City of Columbia Heights Planning Commission October 20, 2009 Jimmy John's, Site Plan Approval, Variances Case # 2009-1002 b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. This property is unique in that it is an extremely small commercial piece of property located on a corner. Setback requirements are more restrictive when applied to two separate rights-of--way instead of only one. There are few other properties along Central Avenue where this is the case. c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The provision of the City Code requires specific setback standards for parking that would make development on this property very difficult to manage, if not impossible due to the small lot area that the applicant has to work with. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this property for commercial redevelopment. The granting of the variances would aide in fulfilling the goals of the Comprehensive Plan for this area. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the variances would enable the development of a new restaurant and would remove an abandoned and unutilized commercial building. The requested variances ~~/il! not be detr,~mental to the public :~~elfare or ~~se of properties in the vicinity. FINDINGS OF FACT (Site Plan Approval) Section 9.104 (N) of the Columbia Heights Zoning Code requires that the Planning Commission make each of the following four (4) findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article. As stated previously, the project site is located in the Design Overlay Highway District. There are two proposed deviations from the Design Guidelines for the construction of the Jimmy John's Restaurant building as currently presented. They include the following: Page 5 50 City of Columbia Heights Planning Commission October 20, 2009 Jimmy John's, Site Plan Approval, Variances Case # 2009-1002 Building Placement. The Design Guidelines require the buildings to have a well-defined front facade with primary entrances facing the street. Buildings should be aligned so that the dominant lines of their facades parallel the line of the street and create a continuous edge. The Jimmy John's building has a well-defined front facade facing Central Avenue, however, the dominant lines of the building do not face that direction. The dominant facades are perpendicular to Central Avenue rather than parallel, which does not meet the Design Guidelines criterion. Staff has determined that the proposed placement of the building on the property is the only location that will adequately provide parking stalls and drive aisle placement, while still providing the adequate space for the building and drive-thru facilities. As stated previously, the orientation of the building and the location of the drive-thru elements are directly related. The applicant and staff agreed that locating the drive-thru elements correctly had a greater visual impact than orienting the building correctfy. Building Height. All buildings shall have a minimum cornice height of 22 feet in order to create an increased sense of enclosure and diminish the perceived width of the street. This also conveys amulti-story appearance even if the building has only one occupied floor. Given the width of the proposed building and the size of the lot, a 22-foot height requirement would make the structure look disproportional. Staff feels that a deviation from the Design Guidelines in this respect still meets the intent. 2. The site plan is consistent with the applicable provisions of the City's Comprehensive Plan. The applicant's proposal is a commercial building, and therefore consistent with the Comprehensive Plan. 3. The site plan is consistent with any applicable area plan. Currently, there is no area plan for the proposed project area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed plans are consistent with the Zoning Code in regards to building setback and screening from adjacent residentially zoned parcels. For this reason, the site plan minimizes and adverse impacts on property in the immediate vicinity and public rights-of--way. Page 6 51 City of Columbia Heights Planning Commission October 20, 2009 Jimmy John's, Site Plan Approval, Variances Case # 2009-1002 RECOMMENDATION The construction of a new Jimmy John's Restaurant would give the City an opportunity to replace an abandoned run-down commercial building with a new structure. Staff feels that the end product will be an asset to the community, and will aid in the effort to redevelop older portions of Central Avenue. For these reasons, staff recommends approval of the site plan and minor subdivision. Motions: Move to waive the reading of Resolution No. 2009-PZ09, there being ample copies available to the public. Move to adopt Resolution No. 2009-PZ09, being a resolution approving a site plan, for a Jimmy John's restaurant located at 4955 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. Prior to at the time of issuing a building permit, surety in the form of a Letter of Credit or cash escrow shall be provided to Public Works in the amount of $5,000 for erosion control & site restoration in accordance with the City storm water management code. This will be returned following completion of turf establishment. 2. A letter of credit (LOG) needs to be provided prior to at the time of issuing a building permit for the public improvements and site landscaping. The calculation of the LOC shall include the removal and reconstruction of the alley and complete site landscaping x 1.25%. ~. For engineering site inspection, the Developer shall provide X1,500 to be deposited in an engineering escrow account for public ROW improvements, site SWPPP and utility connections. All unused funds are returned to the Developer at project completion. 4. The site storm water management meets City requirements for rate control but only partially meets requirements for infiltration and water quality. A partial storm water management fee has been calculated and applied to the project, payable prior to or at the time of issuing the building permit. 5. To minimize vehicle tracking, all construction traffic shall be directed through the vehicle tracking pads, as indicated on the plan. 6. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. Page 7 52 City of Columbia Heights Planning Commission October 20, 2009 Jimmy John's, Site Plan Approval, Variances Case # 2009-1002 7. The Site Plan should show locations of "Stop", "Do Not Enter" signage as needed. 8. The Site Plan needs to identify a concrete washout area on erosion control plans. 9. Any landscaping placed within or near the City or State rights-of-way shall be installed at the owner's risk. If any type of maintenance to the rights-of--way is required, the removal and replacement of said landscaping would be at the owner's expense. 10.The existing pole for the pylon sign must be removed. 11.The proposed monument sign shall be no taller than eight (8) feet in height, no larger than forty (40) square feet per side, shall have a masonry base to match the principal structure, and shall be illuminated as allowed by the Design Guidelines. Final approval of the monument sign shall be by the City Planner, through the sign permit requirement. Motion: That the Planning Commission recommends that the City Council approve the 2.7-foot rear yard parking setback variance, the 2.5-foot side yard parking variance and the 2-foot width variance for a drive aisle for the property located at 4955 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. All application materials including maps, drawings, and descriptive information submitted with the application shall become part of the permit. ~T~~~i-iMElidT~ ^ Draft Resolution ^ Location Map ^ Site Plan ^ Project Narrative Page 8 53 4955 CENTRAL AVE 9 0 ~ ao ao m o ~ m W m UY v N Of N Of elf t0 ~ ~ ~ O O C AV E O p O N N O O ~ ~ W N ~ t fi 0 Uf ~ N Oi lf'! 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R I ~ ~ ~° $~ ~ ~ $ e ~ Y~ ~ § ~ ~I ~~ ~ C~ ~>iS ~ ~ + ~ o00000000~ ~®® ~j ~ g o~ ~ <1 ~~ ~~ u°'i' .L Ei~l ~ o ~ z ~ ~a~ w ~ o ~ ~` ~ l ,. 3 ~,`W I ( ~ I.L ~ E k ~ ~ E~ ~~ ~ t~ ~~ ~~ ~ ~~ ~~ t __~ a i n ~~ ~ ~~~ m ~ 3 ~Y' z ~ q G .- ~~~ g ~~ a (~ ~ ® y •~ x ~I~ ~ s ~ ~~ I,._~ x 1 ~ a ~ ~ ~ p„ r < ~ > z ~ t ~ ~ ' a t ~ p ^1 ~ y'd U _ ~ ~ ~'_ N -- -_--_ - ~ ~ o Project Narrative Jimmy John's 0.36 Acre Site or 15,400 s.f. Columbia Heights, Minnesota Request for: Preliminary Site Plan Approval and Related Variances October 13th, 2009 -' -~,. , k_ , -iaq?~ ' Existing Vacated Building Example of Proposed Building On behalf of Jimmy John's, the Tenant and the Developer, Fendler Patterson Construction, Inc. is requesting preliminary site plan approval and approval of related variances for the proposed project. The tenant is a national retailer with several locations around the Twin Cities such as; Coon Rapids Oak Park Heights Minnetonka Blaine Woodbury Roseville New Brighton Eagan Falcon Heights St. Paul West St. Paul Maplewood Bloomington Eden Prairie The Applicant proposes the retail facility on an existing pad site originally developed for automotive service which is currently vacant and has been vacated for approxnnately two years. Use The tenant will. utilize the facility for retailing purposes with the hours of operation being Monday-Sunday from 10:00 a.m. to 10:00 p.m. These are standard hours of operation and do not take into account various holiday hours which most retailers adjust slightly to better serve the community or other events from time to time. The proposed tenant would employ up to 35 full and part time employees at this proposed location. In addition this use works in conjunction with the retailers that exist in the area. Each user will compliment each others product thus assisting in the success of each others interest. Site The site is designed for the proposed fast casual dining with an exterior patio dining area. A drive thru is proposed as a part of the project and is a crucial item to the success of the business. Project Narrative Jimmy John's October 13th, 2009 Page 1 of 2 69 Utilization of the existing access points to the site was re-used to minimize surrounding disturbances and to not change the existing traffic patterns in the area that exist today. Parkin A couple of set back variances are requested as a part of this project to properly park the site and meet city codes relating to parking. With this project actually decreasing the building footprint on this site with this development, these variances are needed in order for this project to work. Potentially, these variances will be needed with any development on this site due to this being a very small lot. Landscaping The proposed. landscaping is intended to meet the cities requirements and is understood to exceed those requirements. Architecture The proposed. development would require a complete demolition of the existing vacated Jiffy Lube structure to construct the new Jimmy John's restaurant and related site work. The proposed building pad is less s.f. than what exists today. The proposed design mirrors a prototypical store which will be designed by Jimmy John's and the Franchisee's consultants. The exterior building finishes will meet all applicable Architectural ordinances. Please refer to the example photograph provided. A typical store is within a couple of feet in height of your required building heights located in this corridor. With this structure being much smaller than typically developed, our concern is that if we were to raise the parapet height to meet this requirement, the structure itself would appear out of propertzon. Si na e Under the current terms of the proposed lease, signage is the responsibility of the Tenant. Signs will be desired on the building in conjunction with a monument sign. The Tenant is aware that a separate signage permit must be applied for and they are prepared to do so per the requirements of the City of Columbia Heights. Closure The applicant respectfully requests the City of Columbia Heights support the request for Preliminary Site Plan Approval and related Variances pertaining to the proposed project. This project would literally remove an "Eye-Soar" from the community and provide the city a development that everyone can be proud of. Project Narrative Jimmy John's October 13`", 2009 Page 2 of 2 70 CITY COUNCIL LETTER Meeting of October 26, 2009 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses ~ ~~ NO: DATE: October 19, 2009 DATE: " Approval of the attached list of rental housing applications. They have rnet the requirements of the Property Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for October 26, 2009. COUNCIL ACTION: 71 List of 2009 Rental Licenses to Approve Occupany I.D. Property Owner Name 10160 CEL Morton LLC Property Address: g68 42ND AVE NE 20084 Newport Investments, LLC Property Address: 3732 3RD ST NE 20132 Heights Homes, LLC Property Address: 1355 CIRCLE TERRACE BLVD NE - 1357 CIRCLE TERRACE BLVD NE 2002$ Asha Bagroo Property Address: 1206 CIRCLE TERRACE BLVD NE - 1208 CIRCLE TERRACE BLVD NE 12146 Rita Blanske Property Address: 667 51 ST AVE NE - 665 NE 51st Avenue 30058-NC Anthony Chester Property Address: 600 51ST AVE NE 30042 Raees Chohan Property Address: 1026 40TH AVE NE 20299 Barbara Cooper Property Address: 4655 POLK ST NE - 4657 Polk Street 30078 Ita Ekah Property Address: 4556 MADISON ST 20320 Steve Elie Property Address: 1301 CIRCLE TERRACE BLVD NE - 1303 CIRCLE TERRACE BLVD NE 20041 Pat Fragale Property Address: 1308 CIRCLE TERRACE BLVD NE - 1310 CIRCLE TERRACE BLVD NE 12070 Matthew Jennings Property Address: 4851 5TH ST NE - 4849 5th Street 12167 Greg Johnson Property Address: 4957 TYLER ST 10035 Gina Kilgore Property Address: 4753 UPLAND CRST 10085 Gina Kilgore Property Address: 4542 HEIGHTS DR NE 10/19/2009 12:23 72 Page 1 List of 2009 Rental Licenses to Approve Occupant' I.D. Property Owner Name 12167 Elizabeth Klenert Property Address: 4957 TYLER ST 10319 Michelle Lemke Property Address: 3832 2 1/2 ST NE 20034 Rose Maciaszek Property Address: 4401 JACKSON ST NE - 4403 Jackson Street 20035 Rose Maciaszek Property Address: 4407 JACKSON ST NE - 4409 Jackson Street 20038 Rose Maciaszek Property Address: 4400 VAN BUREN ST - 4402 Van Buren Street 20039 Rose Maciaszek Property Address: 4404 VAN BUREN ST - 4406 Van Buren Street 12140 Thomas McQuarry Property Address: 609 51 ST AVE NE - 611 51st Avenue 10161 Bernie Nelson Property Address: 3911 ULYSSES ST 10094 Natalie Nett Property Address: 4125 QUINCY ST 20137 Gloria Perry Property Address: 4156 CLEVELAND ST NE - 2012 42nd Avenue 10145 Steve Rajavuori Property Address: 4455 MAIN ST NE 20103 Einer Rasmussen Property Address: 3722 3RD ST NE 30148 Joanna Rocha Property Address: 4657 TYLER ST 10308 Linda Sawochka Property Address: g38 40TH AVE NE 20198 Jeff Swanson Property Address: 4530 WASHINGTON ST - 4532 NE WASHINGTON ST 10/19/2009 12:23 73 Page 2 List of 2009 Rental Licenses to Approve Occupant' I.D. Propertyr Owner Name 12010 Steven Thoreson Property Address: 4613 TAYLOR ST NE - 4615 Taylor Street 20284 Joseph Tohey Property Address: 1236 CIRCLE TERRACE BLVD NE - 1238 NE CIRCLE TERRACE BLVD 10031 Helen Wolnik Property Address: 4112 TYLER ST 10191 James Waods Property Address: 4915 7TH ST NE 10/19/2009 12:23 ~4 Page 3 CITY COUNCIL LETTER Meeting of: October 26, 2009 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: . _,~' ~ NO: DATE: October 21, 2009 ~ BY.~'j~ f ~ ~ Jf° Nb d' ./ BACKGROUND/ANALYSIS Attached is the business license agenda for the October 26, 2009 Council meeting. This agenda consists of applications for Contractor licenses for 2009. At file tOpvf t he ii%cnse agenda `y'vu vv'iil notice a phrase stating *S;gned :a~a.ver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for October 26, 2009 as presented. COUNCIL ACTION: 75 TO CITY COUNCIL October 26, 2009 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES 2009 BLDG *Carl Bolander & Sons *County Line Contracting Inc Deziel Htg & AC *Boe Plumbing *Michal's HHH Inc *All City Plumbing LLC *Vogt Htg & AC *Jimbo's Plumbing LLC 251 Starkey St, St Paul $60 24670 University Ave NW , Isanti 1612 3`d Ave NE, Buffalo $60 15481 Kiowa St, Andover $60 2779 161St Ave NW, Anoka $60 9730 Gander Lane, Minnetrista $60 3260 Gorham Ave, St Louis Pk $60 1630 Fairway Dr, Col. Hts $60 $60 76 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: October 26 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 132184 through 132318 in the amount of $ 776,097.33 'These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 77 x~ oa ~ ~ H P' ~ -% W W ~ ~ x ~ ~ O * ~ µ' U ~ % H i~ i~ i~ i~ a~ ~ ~ a p o ~ ~ U ?~ U ~ + ~ i ~ ~ W Cn R,' ~ •k H O O O O i~ -k ;3 W rl in d+ ~ ~ ~ U ~ Haa ~ ~ ~ H L7 CJ '~ ~% N lD v ~ ~ ~ q~ ~ ~ H -~ o o ~, a is -k `?.+ N i~ # H (~'1 i~ # •k # + •k H H H i~ i~ Cf~ W l0 # ~ is ~ ~ # H ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a a ~~~~,~ ~N~~~~~~ a ,~.uu~u .u~ul.,uuu.u v ~ ~ H U >. * 0OOO~ U a+ z rtS~ N ~ ~ ~ m p, `~ zzzz* o N cn ~ ~ U r~ 2i -a ~ ~ ~ ~ x ~ zzzz~ ~ o~+ ~ ~ o x .x ~ ~ o U -K ~FPi~~~ N S-I N % ~ \ N U ~ W W W W -x N C !i, ~ ~ ~ ID -~ ~ ~ o N N aaaa+ ,~ -~, a ~ ~ • ~ ~ ~ u ~ ~ ~ ~ ~ ~ ~ ~ H w o ~ ~ ~ ~ ~ ~ . 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RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2009-170, 171, 1.72, 1.73, 174, 175, and 176 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2009-1.70, 171, 172, 173, 174, 174, 175, and 176 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. COUNCIL ACTION: 84 RESOLUTION 2009-170 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Pedro Mondragon (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4315, and 4317 5"' Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October, 7 2009 of an public hearing to be held on October 26, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about August 15, 2009, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 7, 2009 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wn: a. Failure to submit renewal rental license application and fees b. Failure to scheduled required interior/exterior Property Maintenance Code inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F9410A, F9410B is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. 85 Passed this day of 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 86 RESOLUTION 2009-171 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Chris Cornelius (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1407-09 Circle Terrace Blvd. N.E. Cohimbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article 1V, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 7, 2009 of an public hearing to be held on October 26, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about August 15, 2009, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 7, 2009 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wn: a. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F9157 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 87 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk ss RESOLUTION 2009-xxx Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Jose A. Espinoza (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4546 Polk Street N.E. Columbia I-Ieights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 7, 2009 of an public hearing to be held on October 26, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1, That on or about August 15, 2009, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listedrn the property records. 2. That on October 7, 2009 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforeernent Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wn: a. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F9349 is hereby revoked; 2. The City will past for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 89 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 90 RESOLUTION 2009-173 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Aii Faduna (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1620 Innsbruck Parkway, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written. notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 7, 2009 of an public hearing to be held. on October 26, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1, That on or about August 15, 2009, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October "/, 2009 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said. records of the Enforcement Office, the fallowing conditions and violations of the City's Residential Maintenance Code were found to exist, to- wn: a. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1, The rental License belonging to the License Holder described herein and identified by license number F9389 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held. by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 91 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 92 RESOLUTION 2009-174 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Travis J. Klein (Hereinafter "License Holder"). Whereas, License holder is the legal owner of the real property located at 1204-1206 Cherry Lane N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 7, 2009 of an public hearing to be held on October 26, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about August 15, 2009, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed. in the property records. 2. That on October 7, 2009 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found. to exist, to- wn: a. Failure to submit renewal rental license application and fees 4. That ali parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F9343 is hereby revoked; 2, The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3, All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 93 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 94 RESOLUTION 2009-1.75 Resolution of the City Council. for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by SMJ Corporation (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4321. 5th Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 7, 2009 of an public hearing to be held on October 26, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about August 15, 2009, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2, That on October 7, 2009 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations ofthe City's Residential Maintenance Code were found to exist, to- wn: a. Failure to submit renewal rental license application and fees. b. Failure to scheduled required interior/exterior Property Maintenance Code inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F9410 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered. by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. 95 Passed this _ day of 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 96 RESOLUTION 2009-1.76 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section. SA.408(A) ofthat certain residential rental license held by Lloyd R. Omlie (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 3700 2nd Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 12, 2009 of an public hearing to be held on October 26, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on June 3, 2009 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter Listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on July 30, 2009 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. 3. That on October 12, 2009 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That based upon said. records of the Enforcement Office, the following conditions and violations of the City's Property Maintnenance Code were found to exist, to-wit: a. Shall pass Building Department inspection to receive rental license. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Cade, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F9697 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered. by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first 97 day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 Offered by: Second by: Ro11 Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 98 CITY COUNCIL LETTER Meeting of October 26, 2009 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For B5': Gary Gorman BY: ~` i Abatement - t ~ DATE: DATE: NO: 09-177 to 09-178 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding properties at 2009-177 - 1204-06 Cheery Lane 2009-178 - 4308 St" Street for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2009-177, and 178 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2009-177, and 178 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. COUNCIL ACTION: 99 RESOLUTION 2009-177 Resolution ofthe City Council for the City of Columbia Heights declaring the property a nuisance and. approving abatement of ordinance violations pursuant to Chapter 8, Article 11, of City Code, of the property owned by Travis J. Klein (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at l 204-06 Cheery Lane N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October I, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT That on August 26, 2009 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 1, 2009 inspectors re-inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 15, 2009 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said. records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair all damaged siding on the house and garage That ail parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 1204-06 Cheery Lane N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and. completed. 100 ORDER OF COUNCIL 1. The property located at 1204-06 Cheery Lane N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 101 RESOLUTION 2009-178 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Bobby Hardimon (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4308 5`h Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 8, 2009. Now, therefore, in accordance with the foregoing, and all. ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on August 31, 2009 an inspection was conducted. on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. That on October 8, 2009 inspectors re-inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. That on October 14, 2009 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records ofthe Fire Department, the following conditions and violations of City Codes(s) were faund to exist, to wit: A. Shall repair the garage service door that is deteriorated B. Shall replace the broken windows, front and kitchen windows C. Shall replace the missing window in the fioi;t stoner/screen door 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4308 S`" Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and. parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and 102 completed ORDER OF COUNCIL 1. The property located at 4308 Sty' Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2009 Offered by: Second by: Roll Cail: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 103 CITY COUNCIL LETTER Meeting of: 10/26/2009 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING CITY MANAGER NO: DEPARTMENT: PUBLIC WORKS ITEM: Emergency Repair of a Trunk Storm Sewer line BY: K. Hansen BY: ;~,~ ~ ~, at the 45`h Avenue Mississippi River Outfall DATE: 10/22/09 DATE: Background: Attached is a photo of a failed trunk storm sewer outfall at the Mississippi River. The outfall is located between the Anoka County Riverfront Regional Park and just north of the Minneapolis Water Works. The failure was discovered during an inspection by Anoka County in early September. Approximately 60 feet of the 84" storm sewer pipe and outfall area collapsed and failed. The slope drop off is approximately 30 vertical feet from top to bottom and is at a severe slope of 1.5:1. Due to the sandy soils, this slope continues to slough and fall into the bottom basin area. There is approximately another 60 feet of 84 inch corrugated metal pipe that is in severe condition upstream of this failed segment. The rest of the pipe is reinforced concrete and found to be in adequate condition. City staffs have prepared a restoration plan, and have obtained the necessary permits from the DNR and the Army Corp of Engineers, due to the proximity of the Mississippi River. This involves basically restoring the original pipe segment, but using concrete (PCP} pipe instead of metal (CI~~P) pipe. The work will also include excavating the sloughed materials out of the river backwater for use in the slope restoration. It is the desire of the DNR and Anoka County Parks to restore as close as passible to original conditions, prior to the collapse. Anoka County Parks will provide additional restoration in 201.0 such as trees and native plantings, similar to the surrounding area. Because of the location in the City of Fridley, their staff will be responsible for the bidding and award process. Both cities have had staff involvement to minimize costs with survey work, permit applications, construction staking and project inspection. Bids are due on Friday, October 23~a at the City of Fridley. The City will be considering the bids at their regular meeting on October 26`". Staff will have the results of the bid opening available at Monday regular Council meeting. This storm Line is shared between the cities of Columbia Heights and Fridley and MnDOT. Attached is the original agreement from 1965, and an amendment from 1978 which details the cost share for this trunk line segment based. on ratio of discharges as: Columbia Heights: 66.5% Fridley: 23.8% MnDOT: 9,7% COUNCIL ACTION: 104 CITY COUNCIL LETTER Meeting o£ 10/26/2009 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING CITY MANAGER NO: DEPARTMENT: PUBLIC WORKS ITEM: Emergency Repair of a Trunk Storm Sewer line BY: K. Hansen BY: at the 45`" Avenue Mississippi River Outfall DATE: 10/22/09 DATE: Because of development, changes in land use and changes in the tributary area, staffs from both cities believe it appropriate and recommend to update the 1978 agreement for contributing flows -which should now include Anoka County for East River Road and Main Street. Staff would recommend to participate at the 1978 agreement calculated percentages for the total project cost for this emergency repair project. Staff also recommends to prepare an update of the calculations which provided the 1978 percentages based on current land use in the drainage area which will likely change the percentages and requiring an updated agreement. Recommended Motion: Move to authorize funding from the Storm Water Utility Fund for the Emergency Repair of the 84 inch Trunk Storm Sewer Line located near 45`" Avenue at the Mississippi River in the amount of $ Attachment: Existing Agreement (1.965) Amendment to Agreement (1978) Fhotos Map COUNCIL ACTION: 105 A~;,~'r,:~.3rIENl Bc:'t'[~~EER! ".ilk; CT'1Y OF CCILUP-iFT<~ IIETGH2'~ AtJD Z'L;E ~CTTY CP F12TDL?'`i r`GR S`-POfiNI SEj°7ER I~'I[~TI~TEtVA.NCE. i.i:.. , A~;pEr.r.Y7:I71, S;tade and entered into this ~_day of ~,~s'.-/'t'%"+.,.-~`~-"._ 1965, by and between "the City of Colw:+ibia Heights, hereinafter called"Columbia i_eights,"and L-hE City of Fridley hereinaftEr called "Frictley". T~dTTi~95rmIi: V~7I~E1:EA~: Columbia ;?Eigh.ts and _~'ridley have entered into storm sewer col-istruction agreeulents with each other and havE entered into storm sewer agrEeroei-lts with the State of t•'iinnesota, and I;;;A3>/ g;A botch cities desire that inain~L-enance responsibility be deter~~liilEd, and `N~I-T.Z;P.L2~S, Pursuas7t to an Agreernen•L- entered inTO between the City of Fridley and the City of Columbia tIeights on .~ ~ - c1aY of ! 3~ '` ~' ' `' - ' 1965, -the followincj ~naintcnance agreement which is referred to therein in Paragraph ~ i:lzereof, is entered into between the parties. i;(OG; 1'TIi:~?1,FORE, it is lriutually agreed as follows: I. A11 "ROLitiiie P•1ai1:"tenallCe" DL 111E StOr111 Sealer lines sha11 be. pHl"fJY'rped "?outine maintenance" shall by the City wherein the storm e,ewer lies. consist of rernova.l of debris from mai-1holES and catch ]~asins and in- spectian of 1a"feral and l-runl~ lines. 7'he cost of"routine riiaintenance" shall be borne by the city that pcrforlas the routine maintenance. 1'T. 'Phe respec'ci.vc- cities shall share in "maintenance repair" as herein- aFter proviclecl. "lslaintenanee repair" i s all other worn on storm sewers which has not been included in -routtine maintenance. before either city :i-s liable 'to the other fur any costs incurred by 'the o4-her city, both cities throucjlz their Engineers or agents shall have determined that the wor.i~ is nEcessary, and shall have obtained the respective city council's approval for the e„penditure of L-he necessary funds. 106 {a) 45th Avenue Outfall which inc]_ucles the main line (rain the P%iississ- ippi P.iver to i~iain street; i4a:i.n Street from 44-th to 47th; 44th Pvenue from C~iain to Linivcrsity; 45th avenue C+-lain to University; 46th Avenue I![aiia to University; 47th Avenue itain to University; 3rd Street 4.7th to 4-9th; 48th Avenue from 3rd ;street to University; 49t1z Avenue 3rd street to University; University Avenue 49th to 50 ; University from 48th to X1.8=?; i:7niversity from ib7th to 47 z, arzc? University from 38th to 44•th Avenue. The City of Columbia heights and the City of Fridley shall share the maintenance repair expense for -this system at the following percentages: City of Cclurnbia Heights 82°0 City of Fridley 18%~ {b) 'Thai:. portion of 694 outfall from 51>Z to 53rd on University: Columbia Heights and Fridley shall share -the maintenance repair expense far this system at the following percentages: City of Columbia LIeights 7~.~% City of Fridley 23.2~a (c) ':Phc storm sewers on 53rd Avenue from University to Central. Columbia Heights and Fridley% shall share the maintenance repair expense for this system at the following percentages: City of Columbia heights 50,E City of Fridley] 50 (d) ':Chc Storm sewer on P4ain ,street from 43rc1 to 4'a-th. Columbia f.-Ieights and z'ridley shall share the rnaintcnaz~ce repair t_•5:pense ?=or this syster at the fcllo~•%in~1 percentages: City of Co1um'hia Iieiglrts 50'ia City of Fridley 50;~ (e) Sullivan Lake :Sutfa.ll front ~2nct and University to Sullivan Lake. Columbia Heights and Fridley shall share i:he niainL-enance repair expense far this system at the following percentages: City of Columbia I3eights 7u. CiL-y of I.~'ridley ~~- 2%~ 107 sTT. X11 accounts and records kept lay I'r_idley and Co.luuibia sleights with respect to any of the itc-:ms mentioned in this agreement shall be subject 'to e,taminatioi~ by representatives of each city. TV', `t'his Agreeiuent shall be perpetual, unless the parties Hereto in writing ter~c~ina'te the same or unlc-ss either party rr_-quests that a-clditi o:nal area be drained to any part of the systcni, a-t which tii;ie the entire coiit-ract should be re-ncgo•L-iatec!. V. Each iuviZth each city will process the statement submitted to it by the othc-.r city and obtain council approval for payment, so that within thirty (30) clays after sul~rnission by one-. city to 'the other of a detailed statement showing the cost of 'the c,rorlc per:Eormed, the monies due will be paid to L-he other city. Vl. Uefare 'this agree~t~ent sha.17_ uecome binding and. effective, it shall be app-rovecl by >°csolu•tion 'by the respective city councils of I~riclley and Columbia ~leigh'ts. Il:~f `J'1E,':l'Sir=cJl~r_' P?T ~~'R~UJ,, `1'he parties hereto have eau>eci thaw; agreenic>_iit to b~ e,~ecuted in their beha.li respectively ley their pro;~er of:Licer~. thereunto dulj% autl-i~ ~ri~~ec1 and 1.'iavc cause-d their corporate sea7_::; to be. here-un.c a-=fixed ,.x,~ of 'tl'ae c1a;r aiz~~ year :=i,-st above.>_ variL-tan. Tn Dresence cf: Jam' /g CI'!) Ot~ C;1T~tTNI~T<f~fJ'l~TGii`_I'',~,~~ NSa~'or .%l~ii7%~c~e1" lT7 Pres GnCE o:L: cs'rY ~ar ~ 1~TV1;rY l~layor . ~; L ~ , City P~ai~acJez.~;' G' 108 7?'r~C1~0'rJ A(^-I',,Tr,'1~~E~idT 'PHIS AGi~E.~A?L;id'.l', made and entered into by and be t~•~een the City oL- F~~riciley and tiie City of Coluizibia I_eights si;nultanevus with a contract of c-.ve:n date and ce,l;ceri~in:~ a cooperative arraizyeruertt betwceri Uaid iiiL!T;1C].pall.tlC',B ft:.'1" the COnstrUCtlon, Lli"ianC7.i?g and. lnalll"te7~ailCe of a b:~rm sewe}° ;;ystarn across 'P_runl-: i'ighway ='-~1_-7 and 'co a 4-5th A.vei-iue outfall. jarid pttrsuai?t to said ficjreement, the City of 1~ridley i,s about to enter into certain contracts with construction contractors and each o:E the parties are bound by seC~arate cooperative agreements Gaith the ~~tate of i~inncsota, ac.ci the Citj= of Columbia heights has agreed to furnish certain ~L+.nc1s co L~at= for said construction; itiv;i 'C'T-Ii~RF~i~ORE, it is further agreed betw~:en the parties that the Ci ty of Coluii7bi a I_eights shall cl.eposit in a separate account in its naive at its deposil-ory, naively the '.Chird 1Vorthwestern r<Iational Lan}t, a deposit 'to be }mown a.ncl identified a:~ the "Ci ty of Columbia Heights to.r;n ,.;ewer Account on City of r'riclley Storm Sewer Pr_oj ect i~Iumber 1.2". That all earnings and incornc from said account sha11 belong absolutely to the City of Col:nnbia T.eigl.ts, 1~1?at •th.c City of Cotuirbia tIeight~,, tl?rUUgh 1't& aL1tLlOrl~C~d a.gei-it, tOc?y 6V2t17C11`aw fuTlC~s :FrOIlI sa1C7. ciCCtJtlllt i01" tl?~ l~urposa os invc-stin~_j iii goveriu~ieitt socuritie;~. 'That sccuritic.s w,. ol~taii?ed sl?a11 be de,,ignatecl ai?cl l~ej?t by the bank as apart of the Escrow. 'i';at i:l?e -=ands shall be withdrawn front said account upon the j oistt o:ccler of the City o F Columbia Heights and the City of 'r'ridley. IT IS r'ui:'Pllli:i? P..::;PI;LD, that this Lscrow A.greeinent b5= its own tr_rivs shall terminate one year from the date hereof. Zany ;noncys in i.he escrow agreement skial-1. be given 'to •tl~r_- City of ColLUabia Tleights. Dated= 1Jov~~inb~•i: 17, lw5 Fated, ~'r'•;~' , r~ c~~ /;i'F: _j. l CI '- I' CvL'Ut~' '' Ul:i^1S Fi. is lA'Y O?-: CITY Ci I'RIDLL~k 'C, ~ ~ /(/ y/7 V= 109 AGREEMENT Gity of Columbia Heights/City of Fridley THIS AGREEMENT made and entered into by and. between the City of Fridley, Minnesota, acting by and through its City Council, and the City of Columbia Heights, acting by and through its City Council. tiVITNES5ETH WHEREAS, Fridley and Columbia Heights did enter into an agreement dated November 17, 1965, providing for Fridley to construct under contract a storm sewer system designated as "Storm Sewer Improvement Project No. 12" which included cooperative joint-use storm sewer mainline and outfall line facilities and also providing for payment by Columbia Heights to Fridley of Columbia Heights'..proportionate cost share of said cooperative joint-use storm sewer facilities which accommodate storm water drainage from areas of Fridley and Columbia Heights; and WHEREAS, Fridley and the State of Minnesota did enter into an agreement dated November 24, 1965, and designated as Agreement No. 54797, providing for Fridley to construct under contract a storm sewer system designated as "Storm Sewer Improvement Project No. 12" which included cooperative joint-use storm sewer mainline and outfall line facilities, and also providing for payment by the State of Minnesota to Fridley of the State's proportionate cost.sh,are of said cooperative joint-use storm sewer facilities which in addition to accommodating storm water drainage from areas of Fridley and Columbia Heights will also accommodate storm water drainage from Trunk Highway #47 right-of-way; and WHEREAS, subsequent to the completion of the aforesaid Fridley contract construction of cooperative joint-use storm sewer facilities and after payment. by Columbia Heights and the State of Minnesota of its full and complete share thereof, Fridley, Columbia Heights and the State of Minnesota granted permission to Burlington Northern to outlet storm water drainage from a $urlington Northern freight yard located jointly in Fridley and Columbia Heights into the inplace 4sth Avenue Northeast storm sewer outfall line constructed under the aforesaid contract as a cooperative joint- ure storm sewer facility. Said freight yard drainage area was not included in the total area used in computing the original construction cost participation percen- tages ^f Fridley, Columbia Heights and the State of Minnesota for said outfall line; and WHEREAS, Fridley, Columbia Heights and the State of Minnesota having determined that said storm sewer outfall Iine is of sufficient size and capacity to very adequately accommodate any and all additional storm water drainage discharged therein from the said freight yard area, Fridley and Columbia Heights are agreeable to freight yard storm water drainage being discharged into the cooperative joint-use storm sewer outfall line constructed by Fridley and participated in by Columbia Heights and the State of Minnesota, in consideration of Fridley refunding Columbia Heights as hereinafter set forth, an amount equal to the difference between the amount paid by Columbia Heights as Columbia Heights' proportionate share of the cost of con- structing said outfall line facility, which share was based on a Columbia Heights cost participation percentage computed using a total drainage area not including the said freight yard area, and a revised cost share amount based on the current value of the outfall line facility and a Columbia Heights cost participation per- centage computed using a total drainage area which includes said freight yard area. --- -- ---- --- - --- - _~ 90- - - -- -- _ __--- -- _- . _. - -. ;: 23 ~ AGREEMENT -2- City of Columbia Heights/City of Fridley IT IS THEREFORE, MUTUALLY AGREED AS FOLLOItlS: I. Fridley and Columbia Heights do mutually agree to allow discharge into the cooperative joint-use storm sewer outfall line constructed by Fridley under its Storm Sewer Improvement Project No. 12 commencing at Manhole No. 21 and extending westerly to the outlet into the Mississippi River the storm water drainage from the Burlington Northern, Inc. freight yard located jointly within the corporate limits of Fridley and Columbia Heights in an area between Main Street Northeast and the East River Road. 2. Upon full execution of this agreement and invoicing by Columbia Heights, Fridley shall refund to Columbia Heights the amount of $17,876.85 from the monies paid by Columbia Heights to Fridley, as Columbia Heights' share of Fridley's construction under its Storm Sewer Improvement Project No. 12 of that portion of the 45th Avenue Northeast extension storm sewer outfall line commencing with Manhole No. 21 and extending westerly to the outlet at t2ie Mississippi River, in accordance with the terms and conditions set forth in the previous agreement dated November i7, 1965. Said refund is a consequence of increased discharges contributed by Fridley due to the added Burlington Northern, Inc. freight yard drainage area. a) Original calculation prepared by the State of Minnesota based on the ratio of discharges .contributed from drainage areas none of which included the Burlington Northern, Znc. freight yard area: Agency Discharge Proportionate Participation Columbia Heights 321.3 CFS 70.40 Highway Department 52.5 11.6 Fridley 82.3 18.0 Totals ...... 456.1 CFS 100.00 b) Revised calculation prepared by the Mate of Minnesota, based an the ratio of discharges contributed from drainage areas increased for Fridley by the addition of the Burlington Northern, Inc. freight yard area: Agency Discharge Proportionate Participation Columbia Heights 358.3 CFS 66.5% Highway Department 52.5 9.7 Fridley 128.0 23.8 Totals ...... 538.8 CFS i00.0o The method of determining the current value of the aforesaid portion of storm sewer outfall line plus the calculations used in determining the above refund amount are shown on the attached sheet marked EXHIBIT "A". which is made a part hereof by reference. 3. Except as amended and modified herein, the terms and conditions or pre- vious agreement dated November 17, 1965 shall remain in full force and effect. 4. Before this supplemental agreement shall become binding and effective, it shall be approved by resolution of the City Councils of Fridley and Columbia Heights, ` . ~ 23 K AGREEMENT -3- City of Columbia Heights/City of Fridley IN TESTIhK}NY iVHEREOF the parties have duly executed this agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. CITY OF.FRIDLEY ,~ ~ / \ ~f ayor Williams N ee (Fridley Seal) ~` ~ [ / ~~Kl~C' - ~~. Manager - Nasim Cit y M. Qureshi ~ // `d' ~ /~ a ~.~ ~ Da CITY OF COL[Jd~Blylly~IGHTS (Columbia Heights Seal) ty ~,~ ~ a to ~~ ~ ~~ 'R f da 3 ~ _ t ~ ''4 '4 ~ - ~r3 - ~ a ~ r~ ~ - sr 5 ~ F~ ~~ ~ a~ y' ~' '~ ui FIB, -~ ~.'. ~ r u 4 h ,~ `l. ~ I i~ ~,,x;, s ~, ~ ~ t~# - i' Sgt ~ ~ °`°r., ,~ +~. ?`t t ~ -' ~ .. ~ r ~ ~ ~ - -3 «'~,~ _ ~ wok /' r} .:'~/` _ 'n~' ? 113 / I 1 I i I ~ I I I i I e I I i I ~p t i ~~ I I r ~~ ~ I / ~ R~ 1 S I I J 5C ~~JF- ~`( ~~ ~ i I PN~KP ~ EP c~N I /~ ~,.--.---~/ I ~,.~o ~ M 9 i , / ~ / / ~// / ~p+1S I I / / ~ I / / ~~ .~//~~~ / ~- I/ ~~ / i ~'~-~I ~j/~ -U I ~-R~ I fi -' -i / _/ ~ / / / / /~ I I / I I / / / ~ l / / ~ ~ / rte--- "';~O ~ i I ~/ i ~ j / / ~~/ / i ~ / i 1 / / ~~ I I . ~ ~/ I I I I I I QO II _~~...._ ~~ I I I I ~ I ~ O i ~ I I I ~ ~ rc 3 ~ I ~ ~\ i I ~ I I \ ~ ~ ~ I l i \ ~ Q ~ (/1 I ~V ~ la~ ~ V J I I ~ I I a ~ ~ I m ~ v W Z i 3 ~ ~i ~ ~ 8 y ~ ~ ~ I Y Q i ~ r $ w a~ ~~ ~ ffi ~ ~ $ a ~ ` s° g l p \ rc 1 U `I w \ l I I ! - I a ~ _- Y ~/ O ~ W ~W ~_ _ ~~ ~ail~fll~``~```l`~\\ a~ ~~1~`ll`\~~\ ~~~ ~~ ~ v ~~ \ /i \\ // I V (~ II V n \ /~~ \\~// ~\55\55\Pp\ R~~P -..... -...0 0 ..... 0 O O ~ 3 M ro N ro N O ~ O~ r o _° o ~ z ~ w ~ w ' o _ z a :i~~m . ° ~ N ~~'" ..~.. W Z ~ F O ~ ~ z ~ ~ o O J U s ~ N ~ z ~ ~ Z cn 4 o x ~ . w ff. i ~ Z . ~ _~ 9 B F ~~ tl B 6 .. n.. w Q ~ -.. .. - I r ~ . ~ m ~ ~ - p~ ig: o tai ' 8 _ _ i ~' ' . i' 28 V / ~ ~ ...:. :::. ::.:. :: .:: : .. .e, :. ip :: I . I ' W i I 5 ~ °n. / I g. ca.. n GL (M y\ W ~~m ~ I o =~d .,. ., I I ~ ~~_ ~ t _ . fg ~ I i t U s i• ze O ". ~ i °n & I ~'I .. ~J .. m~. i ~ ~ ~ `f I'. L' BL ° - n-. _ l 9' BL I' e• sc .. - ..., ~: I I ' l ' $ a a .:: ' - ... I .. '~ ~_ ~. ... z• - e• ei...N.: ec m a E E ' ~. ~. I .. ' .. _ ' ~ ~ `v a S3 ° ~ m m a :.::.: ::: ... .:: ::: .::: , I .::.: :~. : . e~ .. ec E c m a z o s ~ ,., t et o s €L 0 t7 o N p O O O m _ v c ~ ~ ~ ~ t` L E w _____ _- _ (10/8/2009} Bruce Nawrocki - DOCSOPEN-#358486-v1-October_quarterly_meeting_memos.DOC Page 3 __ __ AGENDA OF THE SUBURBAN RA'Z'E AUTHORITY QUARTERLY MEETING Minnetonka City Hall, 14600 Minnetonka Boulevard, Minnetonka, MN October 21, 2009 11:30 a.m. ;Gi`'' Call to Order „~ Roll Call ~/ Approval of July quarterly meeting minutes ,~,~'~ Reports of Officers ~: Communications Inquiry from City of Coon Rapids ~: Old Business: -~cel Electric Rate Case (Memo #1) ~CenterPoint Energy Rate Case (Memo #2) ..,,.Status of Xcel Streetlighting Proceeding (Memo #3) ~~cel Faulty Gas Meter Proceeding (Memo #4) ~Qwest Alternative Farm of Regulation Plan (Memo #5) %~ New Business: Location of Annual Meeting %~ Claims ~. Adjournment 358d86v1 JMS SU160-3 115 {10/8/2009) Bruce Nawrocki - DOCSOPEN-#358486-v1-October quarterly_meeting_memos.DOC Page 4 James M. Strommen Attorney at Law Direct Dial (612) 337-9233 Email: js[rommeminkennedy-eraven.corn MEMORANDUM Mema #1 TO: SRA Delegates/Alternates FROM: James M. Strommen DATE: October 7, 2009 RE: Xcel Electric Rate Case fan September 29, the PUC met and made a fmai decision on the Xcel general rate case. The SRA also had a favorable decision that will yield thousands of dollars to municipal pumping operations in the form of credits, beginning in 2010. As you may have read an the newspaper, the PUC granted Xcel a $91 million annual increase in revenues, a 3.9% increase overall. This, however, is far less than the $1 S6 million, 6.9°lo increase, that Xcel requested and is less than the current interim rates. The result will be a credit to all Xcel customers when the final PUC order is implemented. The PUC decision included the arathorization of a 10.88% return on equity (Xcel sought 11 %), a modest increase in the customer charge from $8.00 per month for residential service to $8.50 per month. Many of the issues were resolved between the parties. The remaining issues focused on items of allowed expenses and financial treatment of amortizing assets, wages, and benefits and extending the life of the nuclear generation at Prairie Island. The PUC extended the Prairie Island depreciable life for ten years. The sum total of these decisions reduced the requested increase substantially, as noted above. The SRA raised two issues in the case. The streetlighting issue related to response time and credits for failure to meet the time. During the hearings, the SRA agreed with Xcel to pursue broader streetlighting issues in a separate, informal proceeding (see memo #3). The remaining SRA issue involved the increase of power outage credits for municipal pumping customers to $200 for each unexcused outage, from the current $SO if the customer experiences six or more unexcused outages in a year. Doran Cote of Plymouth. submitted testimony about the cost to municipal pumping operations whenever there is a 3>8486v1 JMS SU160-3 116 _. _ _. (10!8!2009} Sruce Nawrocki - DOCSOPEN-#358486-v1-October quarterly_meeting_memos.DOC Page 5 power outage. The minimum cost is $200 for labor and other materials in operating the portable generators necessary to maintain services. Xcel objected to this proposal on policy grounds arguing that this was like awarding damages to a particular class of customers, generally prohibited under law. The ALJ agreed with the SRA's proposal and reconunended it to the PUC. The PUC took oral arguments on September 24 and deliberated on September 29. At the September 29 deliberations, it was clear that the PUC was split in following the ALJ recommendation of the $200 credit to municipal customers. The issue related to the existence of another PUC docket dealing with the same issues and whether the PUC should give special treatment to a class of customers when outages occur. 1 was asked to give a final chance to convince the opposed commissioners and it was successful. They agreed to allow the $200 credit over Xcel's objection. This will provide additional incentive to Xcel to maintain consistent power. The overall outcome of the case and the specific outcome to SRA pumping operations were very favorablee 358486x1 JMS SU160-3 117 ___ _ _ _ _ _ (10/8/2009} Bruce Nawrocki - DOCSOPEN-#358486-v1-October quarterly_meeting_memos.DOC Page 6 James M. Strommen Attorney at 1.aN~ Direct Dial (612) 337-4233 Email: jstrommentitkennedv-~rrven.com MEMORANDUM Memo #2 TO: SR.A Delegates/Alternates FROM: James M. Strommen DATE: October 7, 2009 I2E: CenterPoint Energy Rate Case The CenterPoint Energy ("CP") rate case is now in the briefing stage before the administrative Ia:v judge (AT ?}, ~z~ith ar. AL:I reeon~mendation possibly even before the October 21 meeting. It then goes to the PUC. It has been a very time-consuming case because of the t<vo issues the SRA has pursued: the disallowance of Midwest Gas replacement casts and the decoupling proposal by CenterPoint and. other environmental advocacy parties. As background, CenterPoint seeks a $59 million annual increase in revenues, or 3.9%. CP estimates that a typical residential customer's monthly bill would increase by about $x.50, though an interim rate is already in place that will cause the final increase to be either a very slight increase or decrease (as with Xcel).. CP seeks a return on equity of 11 % (as was requested by Xcel). The Office of Energy Security ("OES") has argued fora 10.24% return on equity. Decoupling Proposal By far the most contested issue in this rate proceeding is the Company's decoupling proposal. Decoupling allows CP to recover revenues that are ``lost" due to decreased consumption from conservation measures. The state legislature enacted a statute that allows decoupling if it is combined with conservation programs that can test the effect of conservation on customers and the utility. The statute is subject to interpretation. The Company believes that the decoupling can happen first (very favorable to CP) and then certain conservation proposals can be added during the pilot period of three years. The OES, Office of Attorney General ("OAG"), and the SR.A have argued that such a pilot proposal must combine specific new conservation programs that promise to improve conservation goals of the utility beyond what is already built into statute. 358486vt JMSSU160-3 118 (10/8/2009) Bruce Nawrocki - DOCSOPEN-#358486-v1-October quarterly_meeting_memos.DOC Page 7 __ - The problem with decoupling without measurable conservation programs, as proposed by CP, is that the recovery of allegedly lost revenues during atrue-up annually reduces the risk of revenue recovery to the utility -even though CP is not acknowledging that its return on equity should be reduced as a result.. This is a sharp break from general ratemaking. The effect on ratepayers is that customers pay more if consumption of CP customers as a whole is less. Conversely, if customers constune more gas during a given year than is projected under the revenue forecast, customers will receive a credit as part of the decoupling true-up. The decoupling as proposed does nornlalize for weather. CP submitted a decoupling proposal that is supported by environmental groups such as the Izaak Walton League of America, the Minnesota Center for Environmental Advocacy, and Energy Cents Coalition. The proposal, however, has little by way of conservation other than. a rate design that favors low-use customers at the expense of high-use residential customers who would pay a higher rate for gas at the higher consumption levels. This program was advanced by Energy Cents, which represents low-income users. The Company seeks to have the decoupling instituted immediately with conservation programs to came later, The OES and OAG carried the laboring oar in opposition to this plan on multiple grounds that are too lengthy to discuss in this memo. The SRA, upon discussion with the Board in July, has also opposed the decoupling proposal. Our additional argument to those advanced by the OES and OAG is that the statute requires conservation progranis to be included in the proposal rather than adecoupling-first, conservation programs-later approach. CP loses its incentive to cooperate in the formulation of conservation programs once it has obtained what it tl-uly seeks, the revenue recovery mechanism of decoupling. Midwest Gas Line Replacement Costs The second issue, led by the SRA but joined by the OAG, involves the disallowance of a portion of the Midwest Gas replacement costs that CP negligently or "imprudently' incurred because of its failure to inspect defective lines and failure to preserve its rights in the purchase agreement. The SRA obtained court records of CP's largely unsuccessful attempt to recover part of the $40 million in replacement costs from the responsible party for the defective lines that caused a fatal 2004 explosion in the City of Ramsey [the exact amount is a protected, confidential number but is very low]. The reason for the low settlement was obviously CP's lack of legal protection in its purchase agreement, which when combined with its failure to inspect the gas lines when purchased in 1993, is imprudence.. We submitted a brief to the ALJ arguing for the disallowance of either $4 million of remaining PUC-deferred replacement costs or a percentage of use that ratepayers did not get out of the prematurely-failing gas lines, which may be anywhere from $5- $10 million. This issue is complicated by a statute that has been interpreted to allow these costs regardless of whether they were imprudently inctu~ed. 358486vi JMS5U160-3 119 _. (10/8/2009) Bruce Nawrocki - DOCSOPEN-#358486-v1-October quarterly_meeting_memos.DOC Page 8 - __ __ _. The issue the SRA and OAG raise in this rate case is important in holding utilities to a standard of diligence in its transactions that, if nat met, do not require the ratepayers to guarantee costs, as happened here. I was able to find support for this argument in a recent Texas Court of Appeals case that disallowed replacement costs for prematurely-failing equipment of a utility. In that case, the negligence of the vendor was imputed to the utility and the utility was not allowed to recover from the ratepayers, but rather left to recover on its own. That is what should happen here. As noted, the ALJ report will be issued later this month. The PUC is expected to decide in early December. 35S4S6v1 JMS SLI1G0-3 120 __ _ __ (10/8/2009} Bruce Nawrpcki - DUCSUPEN-#358486-v1-October quarterly_meeting_memps.DOC Page 9 JAMES M. STROMMEN Attorney at Law Direct Dial (612) 337-4233 Email: jstrommeni?kennedy-graven.com MEMORANDUM Memo #3 TO: SRA Delegates/Alternates FROM: James Strarrrunen DATE: October 7, 2009 RE: Xcel Streetlighting Proceeding Update As noted, the SRA and Xcel agreed to meet informally at first to discuss a broader set of changes in the rather undefined street lighting services relationship. The PUC acknowledged this agreement in its final decision on the rate case and has requested that Xcel provide a report on progress every six months beginning February 2010 and ultimately resulting in a new tariff: The SRA, Xcel, and representatives from several other municipalities that are not SRA members have met once. In the meeting, there was discussion about the topics that have been raised as unclear or irritations to cities: 1. Lack of clarity regarding the scope of services in the mauitenance program. 2. Lack of clarity in the billing reflecting Xcel credits for failure to meet the response time. 3. Establishing a more understandable statement of terms and conditions, including length of maintenance commitment for servicing of Xcel equipment. 358486x1 JMS SU160-3 121 __ (10/8/2009) Bruce Nawrocki - DOCSOPEN-#358486-v1-October quarterly_meeting_memos.DOC Page 10 Xcel committed to gather information on the above issues and call the follow-up meeting. In addition, I have sent a letter to Xcel asking for its position on the appropriate response time, given the conflict between a 24-hour response time in the contracts with all but one SRA city and 72 hours in the tariff. It is also unclear that Xcel has been. implementing its required credit formula when. it does not meet the response time for streetlight outages. For example, in those situations where Xcel chooses not to repair a lamp outage with an underground fault until the spring, there may be three to four months of lamp outage. Though the credits are minimal (e.g. $.25/day}, an accumulated time can add up. Cities have not been able to identify the credits on their bills, and Xcel does not seem to be able to locate its records regarding that. Tl>js may be the subject of a credit to cities. This process has started and the PUC is overseeing it. Xcel will need to respond to a number of questions put to it. It may be that the small task force of the SRA should sit down and propose contract or tariff terms that the cities fmd more appropriate. Either Xcel can agree to those resulting in a joint request for tariff changes, or the SRA can seek their approval in a tariff amendment. 358&86v1 JMS SU160-3 122 __ - - (10/8/2009) Bruce Nawrocki - DOCSOPEN-#3584$6-v1-October_quarterly_meeting_memos.DOC Page 11 __ __ James M. Strommen Attorney at Law Direct Dial (612) 337-9233 Email: jstromnrcnrFi.kennedv-_raven.com MEMORANDUM Memo #4 TO: SRA Members and Executive Committee FROM: James M. Stro>nmen DATE: October 7, 2009 RE: Xcel Faulty Gas Meter Proceeding This is a final report on the above proceeding in which the Commission investigated Xcel~s faulty gas meter readings, occurring during 2008. Numerous customers, including those living in SRA cities served by Xcel Gas, experienced meters that failed to read actual gas usage resulting in underbillin~. Xcel was slow to recognize and respond to these problems. The result involved PLTC investigation into the facts and circumstances of the underbilling anal whether XceI should recover the costs associated with it. There were two aspects to the Xcel recovery in which the SRA became involved. The first related to wlretilei° Xcel sought ally recovery from ratepayers for the faulty gas meters themselves. Fortunately, and possibly as a result of arguments advanced by the OES, OAG and SRA, Xcel voluntarily has committed that there would be to no ratepayer cast, either directly or indirectly, for the replacing of faulty modules. Like the Midwest Gas situation, Xcel is dealing with a vendor who supplied the faulty modules. It is a matter for Xcel to pursue to the benefit its shareholders, who will bear any unrecovered cost. The second issue related to the actual rebilling of customers who used gas for which they were not billed. Initially, the common sense response, which the SRA supported, is that a ratepayer should be billed for what it clearly used but did not pay for. XceI began the process of rebelling customers once it was absolutely clear that there had been usage for which no billing resulted. As time passed, however, Xcel encountered the problem of too much delay and too great a possibility for confusion or even hardship to a customer. As a result, XceI again volunteered to waive any recovery from ratepayers for the used but unbilled gas. Xcel estimates this cost to be approximately $2 million. 358486v1 JMS SU1b0-3 123 (10/8!2009} Bruce Nawrocki - DOCSOPEN-#358486-v1-October_quarterly_meeting_memos.DOC Page 12 '. The Commission accepted this position and the OES anal OAG have worked with. Xcel to establish new and improved procedures when a problem like this happens. This proceeding has ended very satisfactorily to ratepayers. Any affected ratepayer will clearly not be required to pay extra cost and will receive the bonus of gas usage without paying, due to Xcel's mistake. 3584$6v1 JMS SU160-3 124 (10/8/2009) Bruce Nawrocki - DOCSOPEN-#358486-v1-October_quarterly_meeting_memos.DOC Page 13 James M. Strommen Attorney ai Law Direct Dial (6l2} 337-9233 Email: jstnmvnen~uikennedv-graven.cum MEMORANDUM Memo #5 TO: SRA Delegates/Alternates FROM: James M. Strommen DATE: October 7, 2009 RE: Qwest Alternative Form of Regulation Plan O:~ June 3C, 2005, Qwest submitted its Second Revised Alternative Fon7t ol~ Regulation ("AFOR"} Plan for Conunissian approval. The current AFOR expires on December 31, 2009. As the SRA is aware from previous reports, Qwest has operated under the AFOR since 1999. It filed a plan similar to this Plan back in 2008 and was told to refile again. in 2009, after it extended its current plan to December 31, 2009. Qwest has two main additional components in the proposed plan. Both of them are objectionable. One is a unilateral right to raise basic residential and business rates $1 per month each year of the plan, i.e., one increase each year. The other component is a matter very directly related to SRA members and their ratepayers. Also, Qwest seeks a statewide surcharge of its const>uction/relocation cost for public improvement projects. Worse yet, Qwest has now modified the proposal to seek the surcharge for all such construction/relocation costs, ignoring the rule of the utility bearing its own cost of relocation when there is an interference with a public improvement project. The SRA has filed. objections to the surcharge proposal on two primary grounds. The first is the unprecedented change in ratemaking that would allow apass-through of traditional cost of business relocation costs when located in the public right-of--way. Qwest is essentially seeking to treat these relocation costs as if they were agovernment-imposed tax. They are a cost of business that is appropriate to be borne by Qwest in an AFOR. The purpose of an AFOR is to remove PUC supervision of rate of return and business expenses. Qwest must continue to bear relocation costs of doing business under the AFOR (in rate of return regulation such costs are expenses built into rates). 3>8486v1 ]MS S1I160-3 125 (1d/8/2009) Bruce Nawrocki - DOCSOPEN-#358486-v1-October_quarterly_meeting_memos.DOC Page 14 The second objection is to a statewide, rather than local jurisdiction, surcharge. As the SRA has discussed among its members, the local jurisdiction ordering a relocation that is not covered by the law of utility relocation at its own expense should be the jurisdiction to receive the surcharge to its ratepayers. This allows for local accountability rather than ratepayers from one part of the state paying for relocation casts incurred in another part of the state. An additional and related problem with Qwest's proposal is the introduction. of MnDOT- ordered relocation costs in the surcharge. This would establish a surcharge on a statewide basis for relocation costs incurred in MnDOT projects for the first time ever in an AFOR or any other ratemal:ing context I am aware of. The OAG and other parties are supportive of the SRA's objections. This AFOR process will include additional negotiations among the parties and a Commission hearing prior to the SRA quarterly meeting. At that time I will have further information. 3~8486v1 iMSSLIt60-3 126