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HomeMy WebLinkAbout06/13/2011 Regular CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 590 40 Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Councilnrembers Visit our websrte at: www.cLcolumbia- beigbts.mn.us Robert A. Williams Bruce Nawrockl Tammera Diehn Donna Schmitt City Mana¢er Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, June 13, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763- 706 -3611, to make arrangements. (TDD /706 -3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL /INVOCATION Invocation by Pastor Dan Thompson, Columbia Heights Assembly of God Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Presentation - 2011 Humanitarian of the Year - Sue Murzyn B. Proclamation - Columbia Heights Senior Program - 25th Anniversary p7 C. Introduction - Assistant Finance Director Jaclyn Senko D. Columbia Heights Athletic Booster Donation to the Recreation Department p g MOTION: Move to waive the reading of Resolution No. 2011 -40, there being ample copies available to the public. MOTION: Move to adopt Resolution 2011 -40, and accept the gift of $20,000 from the Columbia Heights Athletic Boosters. E. Columbia Heights Jamboree - upcoming events 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve minutes of the May 23, 2001 City Council meeting. p10 MOTION: Move to approve the minutes of the May 23, 2011 City Council meeting. B. Accept Board and Commission meeting minutes MOTION: Move to accept the May 2, 2011 minutes of the Economic Development Authority. p18 MOTION: Move to accept the June 7, 2011 draft minutes of the Planning and Zoning p23 Commission. 3 City Council Agenda Monday, June 13, 2011 Page 2 of 4 MOTION: Move to accept the May 4, 2011 minutes of the Library Board. p36 MOTION: Move to accept the May 2, 2011 minutes of the Traffic Commission. p38 C. Adopt Resolution 2011 -35, being a Resolution Supporting the Concept of Cooperation and p42 Collaboration MOTION: Move to waive the reading of the resolution, there being ample copies for the public. MOTION: Move to adopt Resolution 2011 -35, being a Resolution Supporting the Concept of Cooperation and Collaboration to Promote Greater Efficiency in the Use of Public Resources. D. Adopt Resolution 2011 -44, being a Resolution adopting the Statement of Interest in All- Hazard Mitigation Planning with Anoka County. p45 MOTION: Move to waive the reading of Resolution No. 2011 -44, there being ample copies available to the public. MOTION: Move to adopt Resolution 2011 -44, adopting the Statement of Interest in All- Hazard Mitigation Planning with Anoka County. E. Adopt Resolution 2011 -34, being a resolution establishing a list of public nuisances for p47 immediate abatement. MOTION: Move to waive the reading of Resolution No. 2011 -34, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2011 -34, being a Resolution establishing a list of public nuisances for immediate abatement. F. Adopt Resolution No. 2011-38, being a Resolution requesting Mn/DOT consideration of funding through the Metro Municipal Agreement program for the construction of right turn lane from p50 49th Avenue NE onto southbound TH 65 (Central Avenue) and from 50th Avenue NE onto northbound TH 65 (Central Avenue) MOTION: Move to waive the reading of Resolution No. 2011 -038, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2011 -038, being a resolution requesting Mn/DOT consideration of funding through the Metro Municipal Agreement program for the construction of a right turn lane from 49th Avenue NE onto southbound TH 65 (Central Avenue) and from 50th Avenue NE onto northbound TH 65 (Central Avenue). G. Adopt Resolution No. 2011 -43, being a Resolution restricting parking on 50th Avenue adjacent p53 to 4955 and 5001 Central Avenue MOTION: Move to waive the reading of Resolution No.2011 -43, there being ample copies available to the public. MOTION: Move to adopt Resolution 2011 -043, being a resolution restricting parking on 50th Avenue NE adjacent to 4955 and 5001 Central Avenue NE, based on the recommendation of the Traffic Commission. H. Authorize to seek bids for Hart Boulevard Trail, from 37th Avenue to 39th Avenue. p55 4 City Council Agenda Monday, June 13, 2011 Page 3 of 4 MOTION: Move to authorize staff to seek bids for the Hart Boulevard Trail Project, from 37th Avenue to 39th Avenue. 1. Approval of attached list of rental housing applications. p 58 MOTION: Move to approve the items listed for rental housing License applications for June 13, 2011 in that they have met the requirements of the Property Maintenance Code. J. Approve Business License Applications p64 MOTION: Move to approve the items as listed on the business license agenda for June 13, 2011 as presented. K. Review payment of the bills p67 MOTION: Move that in accordance with MN Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 139136 through 139339 in the amount of $1,025,946.33. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolution 2011 -041 being Resolution for the Approval of an animal shelter located at p76 5019 University Ave. MOTION: Move to waive the reading of Resolution 2011 -041, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2011 -041, approving the Conditional Use Permit for the animal shelter located at 5019 University Avenue, subject to the conditions outlined in Resolution No. 2011 -041. B. Adopt Resolution 2011 -042 being Resolution for the Approval of LED sign located at 2105 — p86 37th Avenue. MOTION: Move to waive the reading of Resolution 2011 -042, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2011 -042, approving the Conditional Use Permit for an LED sign located at 2105 — 37th Avenue NE, subject to the conditions outlined in Resolution No. 2011 -042. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Second Reading of Ordinance No. 1600, Pertaining to Chapter 8, Sections 75 through 86, Local p96 Improvements and Special Assessments MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1600, being an ordinance amending Chapter 8, Sections 75 through 86, of the Charter of the City of Columbia Heights. B. Bid Considerations - none 5 City Council Agenda Monday, June 13, 2011 Page 4 of 4 C. New Business and Reports - none 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. ADJOURNMENT L � Walter R. Fehst, City Manager WF /pvm 6 PROCLAMATION Columbia Heights Senior Center WHEREAS: The Columbia Heights Senior Center is celebrating 25 years of service to the community; and WHEREAS: Older Americans are significant members of our community, investing their wisdom and experience to help enrich and better the lives of younger generations; and WHEREAS: The Columbia Heights Senior Center exists to provide educational, social, recreational, and informational programs for participants; and WHEREAS: The Columbia Heights Senior Center achieves this by making a concerted effort to provide programs in each of the above areas to individuals 55 years and older, Now, Therefore, Be It Resolved: that I, Gary L. Peterson, Mayor of the City of Columbia Heights, do hereby officially proclaim June 15 through August 24, 2011 the official celebration of the 25 Anniversary year of the Columbia Heights Senior Center. Mayor Gary L. Peterson 7 CITY COUNCIL LETTER Meeting of : June 13, 2011 AGENDA SECTION: PROCLAMATIONS, ORIGINATING DEPT.: CITY MANAGER PRESENTATIONS, RECOGNITION, Recreation APPROVAL ANNOUNCEMENTS, GUESTS NO: ITEM: Columbia Heights Athletic Booster BY: Keith Windschitl BY: 4/7^1 Donation to the Recreation Department Recreation Director f1 a NO: DATE: 6/6/11 BACKGROUND The Columbia Heights Athletic Booster Association has been supporting the Columbia Heights Recreation program for many years. With their continued support, we are able to make recreation programs very affordable to our participants. Monies donated have been used to purchase athletic equipment. This has reduced the overall cost for the program. The Recreation Department is very appreciative to the Boosters for their continued support and everything they do for our community. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2011 -40, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2011-40, and accept the gift of $20,000 from the Columbia Heights Athletic Boosters. COUNCIL ACTION: ADMIN\CCBoosterl 1 8 RESOLUTION NO. 2011-40 ACCEPT CERTAIN GIFTS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS WHEREAS, the City Of Columbia Heights has received the following gift; Fonn Date Donor Amount Purpose Check 06/13/11 Columbia Heights $20,000 Athletic and Sports Athletic Boosters Equipment for Recreation Contributed - Recreation $20,000 BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights that the City of Columbia Heights accepts this gift. Passed this 13 day of June 2011 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 9 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, MAY 23, 2011 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, May 23, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Chaplain Bob Lyndes, Crest View Senior Communities, gave the Invocation. Present: Mayor Peterson, Council member Nawrocki, Council member Diehm, Council member Schmitt Absent: Council member Williams PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Peterson added: Most improved Recycling award Peterson removed: License Revocation Resolutions No. 2011 -32, 33, 34, and 35 as they have been brought into compliance. Nawrocki requested to add: items under new business and under the City Manager's report PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Columbia Heights Library - Buddy Up and Read with a Friend program Adult Services Librarian Renee Dougherty, Friend of the Library Kay Reiners, and reader Jung Hee were present. Dougherty stated this program fills the need and request for adults to learn to read English by pairing adults learning to read with a member of the Friends of the Library. Library Staff matches the Friend with the reader. They have logged 86 hours since the program began, with 48 hours already logged this year. B. Presentation of citizens award - Belinda Kuta and Sandra Stanley Fire Chief Gary Gorman indicated that on April 11, 2011 during a fire at 1460 Tyler, Sandra Stanley was not able to get out of her apartment. Neighbor Belinda Kuta was checking apartments to make sure everyone was out and found Stanley unable to get out on her own. Kuta forced her way in to the apartment and helped Stanley from the apartment. Gorman stated his belief that Sandra Stanley would not have survived if not for the actions of Belinda Kuta. Gorman presented Kuta with a plaque and praised her courage. Peterson stated his pride in the action she took. C. Retirement of POC Firefighter Steve Hall Gorman stated that Paid On Call Firefighter Steve Hall started on April 1, 1988. Gorman read the touching retirement letter Hall submitted. It stated Hall's pleasure to work for the City and his joy to be able to work on the same force with two of his sons that are also on our Fire Department. Hall stated that this experience has been "quite a ride ". He will miss it, but will get over it when it is 10 degrees below zero. Hall thanked his wife for supporting him in this sometimes dangerous and inconvenient job. Hall introduced his sons Kyle and Andy that are Paid On Call Firefighters and his other son that was taking pictures. Peterson thanked him for his years of service with the fire department and his wife for her support. Peterson described the Explorer Cadet's exhibition that was held at our facility. It was a fantastic event. He complimented those that set it up. Columbia Heights can be proud to have hosted such 10 City Council Minutes Monday, May 23, 2011 Page 2 of 8 an event. Gorman stated that Firefighter Dan O'Brien is a member of the MN State Fire Explores and organized the event, along with Tom, Kyle, Cory, and Andy. D. Allina presentation of Stork awards Gorman stated that Allina representative M. Daseal was present to present the Stork Award for the birth assist at 4410 Van Buren. Dascal awarded Columbia Heights Firefighters Dan O'Brian and Rich Hinrichs, and medics Don Kistorza and Ron Gray the Stork Award for assisting and delivering a baby. Daseal also honored Steve Hall's wife. O'Brian and Hinrichs spoke of the joy to assist in this event and the importance of team work. Miscellaneous Peterson indicated that Finance Director Bill Elrite will retire on May 31 He presented Elrite with two plaques and thanked him for his many years of service. Nawrocki indicated his pleasure to have worked with Elrite and wished him well in his retirement. E. Recycling award Kevin Hansen, Public Works Director, indicated that Columbia Heights received the most improved recycling in Anoka County award for 2010. Jesse Davies is the Recycling Coordinator. Hansen read the award indicating the amount of recycling recognized, He introduced Dale Shoots and Malcolm Watson, representing the Kiwanis Club that run the recycling center, and Troy Hamen of Veolia, our refuse company. Peterson congratulated them on the result of their hard work. CONSENT AGENDA Nawrocki requested to remove items B2, E, F, H, L and Peterson removed item I for discussion. City Manager Walt Fehst took Council members through the remaining Consent Agenda items: A. Approve City Council meeting minutes Motion to approve the City Council meeting minutes of April 25, 2011 B. Accept Board and Commission meeting minutes 1. Motion to accept the February 23, 2011 Park and Recreation Commission meeting minutes. Removed - Charter Commission meeting minutes. C. Approve Transfer of Funds for JAG I Grant Overtime Reimbursement and CHHS Overtime from General Fund to Police Dept Overtime Line Items #1023 (OT Other)and #1020 Motion to transfer the following from the General Fund to the Police Depai talent 2011 Budget: the $3,161.19 received as reimbursement under the JAG grant be transferred to line item #1023 Overtime Other, and the $231.25 received from CHHS be transferred to line item # 1020, Overtime. D. Approve permits for 2011 Jamboree Motion to authorize staff to close Huset Parkway for the time period from Tuesday afternoon, June 21 through Sunday, June 26, 2011. Motion to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 24, 2011 beginning at 6:00 p.m. for the following streets: Central Avenue from 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street and 5th Street to Mill Street. Motion to authorize fireworks at dusk on Saturday, June 25, 2011 and to waive the Fire City Council Minutes Monday, May 23, 2011 Page 3 of 8 Department fireworks display permit fee. E. LED Sign for Top Valu Liquor Store at 37th and Hart - removed F. City Hall Digital Sign - removed G. Final payment for sanitary sewer lining, Project 1004 Motion to accept the work for Sanitary Sewer Lining, City Project No. 1004, and to authorize final payment of $38,945.60 to Visu - Sewer, Inc. of Pewaukee, Wisconsin. H. Adopt Resolution 2011 -37, being a Resolution authorizing the cleaning and lining of 4,199 lineal feet of water main under the Minneapolis 2011 program, City Project No. 1103 - removed I. Agreement with ISD #13 for funding contribution for Ramsdell Park - removed J. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for May 23, 2011 in that they have met the requirements of the Property Maintenance Code. K. Approve Business License Applications Motion to approve the items as listed on the business license agenda for May 23, 2011 as presented. L. Review payment of bills - removed Motion by Schmitt, second by Diehm, to approve Consent Agenda items, with the exception of items B2, E, F, H, I, and L. Upon vote: All Ayes. Motion carried. B2 Accept Board and Commission meeting minutes Nawrocki stated that these minutes should indicate member names on a divided vote. He felt that there should have been more discussion described in the minutes of the meeting. Jim Hoeft, City Attorney, stated that an accurate tally is all that is required. There was more discussion than appears in the minutes, which can be noted to the secretary. Charles Tyler, Charter Commission Vice - Chair, stated that is not required by their rules. The minutes are a summation of the main points. Diehm stated these minutes were submitted before they were approved by the Commission. Motion by Diehm, second by Schmitt, to accept the April 21, 2011 Charter Commission meeting minutes. Upon vote: All ayes. Motion carried. E. LED Sign for Top Valu Liquor Store at 37th and Hart Nawrocki stated that we have a budget with more expenditures than revenues. We add items in a time when we are raising property taxes. Schmitt stated that branding is a good way to represent the store. It works for the Central Avenue store. This would fill the hole in the monument sign. She questioned funding. Elrite stated this would not use the public tax fund. This could come from advertising or from the capital improvement fund. Part of the $200,000 budgeted this year was earmarked for a sign at this location. Now that the sign ordinance has been made more liberal, it would enhance the business. The purpose is to generate additional sales and revenue, and offset taxes. Peterson stated this is a good business plan. Motion by Diehm, second by Schmitt, to autliTize the Mayor and City Manager to enter into an City Council Minutes Monday, May 23, 2011 Page 4 of 8 agreement with Hoeft Signs for the installation of a digital sign at the liquor store on 37th and Hart based on their price quotation of 05/03/2011. Upon vote: Schmitt, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes — 1 nay. Motion carried. F. City Hall Digital Sign Peterson stated there are several options for placement of a new digital sign and with moving the City Hall entrance to Mill Street it may be time to redo the triangle area and place a digital monument sign there. Nawrocki indicated that he has the same concerns on this regarding expenditures. This would cause problems for the annual Memorial Day service. Peterson stated it would be more beneficial for this event. Hansen stated this layout would accommodate set back limits and provide a hard surface area that presents better and take advantage of the natural lay of the area. Peterson indicated that the bushes have grown so large the memorial is difficult to see. Nawrocki felt this sign would detract from the memorial. Schmitt referred to the alternate motions including the current pylon signs. Our guidelines are to move away from pylon signs. It would not be good to continue to use our pylons when we ask businesses to remove them. We should put up a monument but it is not in the budget. We should not rush this. Fehst stated that staff was directed to look into this. Diehm stated this motion is to direct preparation of a landscape plan. This does not authorize the expenditure tonight. Diehm stated that she was hesitant on LED signage, but our current sign is not safe and if we upgrade, we should go with a monument sign as others are required to do. Schmitt agreed with plan prep, on the condition to put it up next year. Peterson stated that he likes to see things get done in his life time. The pylon sign is dangerous to change in the winter and indicated he would like it done by this fall. He suggested we ask local clubs like the Lions, VFW, and Activity Fund to contribute. The building of the monument could be completed by volunteers. Peterson felt this plan would be an improvement and we should move forward. Nawrocki stated that he felt the changes are a detriment. Local organizations are also having financial hardships and would not be able to donate. Fehst stated that we could meet with the groups to ask for assistance. Peterson invited everyone to our Memorial Day service on Monday, May 30. Come and participate to show appreciation for our service men and women. Sometimes this important function is sorely attended. Fehst acknowledged our Beautification Committee for planting this area and all of our parks. They did a great job. Motion by Schmitt, second by Diehm, to direct staff to prepare a landscaping plan for the corner of 40th and Mill St. that would include a digital monument sign. Upon vote: Schmitt, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes — 1 nay. Motion carried. H. Adopt Resolution 2011 -37, being a Resolution authorizing the cleaning and lining of 4,199 lineal feet of water main under the Minneapolis 2011 program, City Project No. 1103 Hansen stated this annual program began in 2005 to physically clean water main lines to remove rust and re -line the pipes at 70 to 80 percent of the replacement cost. Hansen listed the proposed locations. He explained the testing process. Information has been sent to the impacted property owners. Nawrocki referred to rusty water problems on his street. Hansen stated this is cost effective and does not require tearing up the streets. Motion by Nawrocki, second by Schmitt. to waive the reading of Resolution 2011 -37, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Schmitt, to 4 cAopt Resolution 2011 -37 which accepts the City Council Minutes Monday, May 23, 2011 . Page 5 of 8 Feasibility Report for the 2011 Water Main Cleaning and Lining Program and orders the Public Improvement for water main cleaning and lining of pipe totaling 4,199 lineal feet, under the City of Minneapolis water main cleaning and lining program for 2011. Upon vote: All ayes. Motion carried. I. Agreement with ISD #13 for funding contribution for Ramsdell Park Hansen distributed the Joint Powers Agreement with the School District for the Ramsdell Park athletic field. This allows the schools to use the athletic field for girl's softball and the city to access school land for the parking lot. Nawrocki questioned who would be responsible for field maintenance and damage costs. Hansen stated the schools would groom for their events with their equipment. If something happens and they fix, say a fence, they would invoice the city. Each party is responsible for their own insurance and liability. Schmitt ask if we have used this company before and if there will be drinking fountains. Hansen stated we have not worked with this contractor, but checked his background. Hansen stated we will pay for the water and irrigation and ask them to pay for the water fountain. Schmitt stated concern for the timeline and if there is a penalty if not completed on time, unlike the bridge. Hansen stated that the contractor has until August 15 for substantial completion. Motion by Diehm, second by Schmitt, to authorize the Mayor and City Manager to enter into an agreement with Independent School District #13 for funding of Alternates A3, 4, 5, 7, 10 and 11 in the amount of $85,036; and providing construction access to ISD 13 property for the Ramsdell Park Improvement Project. Upon vote: All ayes. Motion carried. L. Review payment of bills Nawrocki referred to a note attached to the bill list to not follow our Charter, but rather State Statute. Elrite stated this is a cleanup item that follows our Charter and State Statutes. The check list is for review. Checks are issued prior to the list going out. It is impossible to hold checks until they go to Council for approval, so procedure was for the manager to review them, make sure they are in compliance with city contracts, and bring them to the Council for review. The motion is to make it clear that the Council will review the bills per State Statute. Nawrocki stated that the Charter indicates you need authorization before paying the bills. We should follow the Charter to keep a better handle on city finances. Schmitt questioned the motorized bicycle repair bill and asked if they are still under warranty. Fehst stated that we also have non - motorized bicycles. Staff will research and relay what this cost was for. Motion by Diehm, second by Schmitt, that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 138968 through 139135 in the amount of $902,178.11. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2011 -32, 4625 Tyler Street N.E., 2011 -33, 4633 Tyler Street N.E., 2011 -34, 4124 5th Street N.E., 2011 -35, 4932 4th Street, and 2011 -36, 1231 -33 Circle Terrace Blvd. being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Gorman stated they spoke to the owner of this property and were told they were trying to sell it. The property is still occupied. We still have not received the license application and fee. 14 City Council Minutes Monday, May 23, 2011 Page 6 of 8 Motion by Diehm, second by Schmitt, by to close the public hearing and to waive the reading of Resolution Number 2011 -36 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution Numbers 2011 -36 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. B. Second Reading of Ordinance No. 1600 Pertaining to Chapter 8, Sections 75 through 86, Local Improvements and Special Assessments and Ordinance No. 1601 Pertaining to Chapter 6, Section 56, Purchases and Contracts Motion by Diehm, second by Schmitt, to waive the reading of the Ordinance Nos. 1600 and 1601, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm second by Schmitt, to adopt Ordinance No. 1600, being an ordinance amending Chapter 8, Sections 75 through 86, of the Charter of the City of Columbia Heights. Upon vote: All ayes. Motion carried. (This ordinance does not pass, as Councilmember Williams was absent and requires a unanimous vote of all members for approval.) Motion by Diehm, second by Schmitt, to adopt Ordinance No. 1601, being an ordinance amending Chapter 6, Section 56 of the Charter of the City of Columbia Heights. Nawrocki spoke against the motion. We have given the Manager too much authority and he gets around the limit by breaking payments into smaller parts. Diehm stated this is not a change in policy. It updates and reflects what our policy is by vote of the citizens in 2002. Charles Tyler, Charter Commission, stated this had contention at the Charter Commission meeting with some not wanting an amount listed in the Charter and some wanting the amount indicated for historical purposes. Diehm stated that it was unanimous that the $3,000 should be removed, as it was outdated. Upon vote: Schmitt, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes —1 nay. Motion failed. Hoeft stated that this is a housekeeping item. It will go back to the Charter Commission and if they so decide, it will go on the next election ballot as a question. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations -none C. New Business and Reports -none ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki stated that he attended the NPDES hearing. Nawrocki stated that he attends all of the DARE graduations because he believes in the program. The last invitation he received had the wrong date and he missed it because it was held last week. Nawrocki again questioned the cost for a meal at the upcoming city picnic. Fehst stated that the work session on June 6` following the EDA meeting, will include the 50` Avenue turn lane and the bituminous path or Bart and 39 Avenue. City Council Minutes Monday, May 23, 2011 Page 7 of 8 Nawrocki referred to a letter questioning the city planner sharing work by doing inspections and his previous comments that the department was overstaffed. He requested a response to this letter. Fehst stated the reasons for this and the need to assist with inspections and public education. Deb Johnson, 4626 Pierce Street, stated that she does not care who does inspections, just that they get done. She indicated five addresses on her block with tall weeds. She stated that they work hard to maintain their own yard, but the yard behind them is a sea of white fuzz from dandelions. Schmitt stated the problem with the nine inch rule is that dandelions do not take three weeks to grow that high. She referred to trying to keep up with our city lots. It is hard to keep things cut when it keeps raining. Nawrocki questioned the purpose of tomorrow's resident meeting on upcoming street projects. Hansen stated it is a resident preconstruction meeting to meet the contractors and give the property owners more details on the schedule /time lines and to engage the residents. This is done every year. Nawrocki requested to receive the minutes of the meeting. CITIZENS FORUM Nancy King, 3717 Van Buren Street, stated she was present again to request that the empty lots adjacent to her have something done to deal with the mud and dust and people driving over these lots. Peterson requested that our Public Works Department mow these lots. Hansen stated that it will be done tomorrow. Fehst stated that the auto parts store will be built there. Peterson again stated that the Memorial Day service, hosted by the VFW, will be on Monday, May 30, at 11:30 a.m. After the service there is a free lunch at the VFW Post. Attend and show our appreciation for our service men and women. Peterson stated: remember our service men and women; don't take yourself too seriously and do a random act of kindness. Fehst indicated that we were unable to video tape this meeting. It was broadcast live, but we will be unable to rebroadcast it. ADJOURNMENT Peterson adjourned the meeting at 8:55 p.m. Patty Muscovitz, CMC City Clerk RESOLUTION NO. 2011 -37 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE 2011 WATER MAIN CLEANING AND LINING PROGRAM AND ORDERING THE PUBLIC IMPROVEMENTS CITY PROJECT — NO. 1103 WHEREAS, the City Council has initiated a water main cleaning and lining program under the City of Minneapolis' annual cleaning and lining program, and WHEREAS, a report has been prepared by the Director of Public Works with reference to the 2011 Water Main Cleaning and Lining Program, and WHEREAS, the 2011 Water Main Cleaning and Lining Program includes the following main segments: • Polk Place and Polk Circle • Pierce Terrace, Polk Place to Matterhorn Drive 16 City Council Minutes Monday, May 23, 2011 Page 8 of 8 • Johnson Street, North of Innsbruck Parkway to Lincoln Terrace • Lincoln Terrace, Johnson Street to Pierce Terrace WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on May 23, 2011. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such water mains in accordance with the report and the assessment of water services to abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $35,500. 2. Such improvement is necessary, cost - effective, and feasible. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 23rd of May, 2011 4. These improvements shall also be known as Project No. 1103 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. RESOLUTION 2011 -36 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Steve Elie (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 1231 -33 Circle Terrace Blvd. N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 12, 2011 of an public hearing to be held on May 23, 2011. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about February 9, 2011, inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on April 12, 2011 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. a. 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 submit renewal rental license application and fees and failure to schedule an annual rental reticensing inspection 3. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10247 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. 17 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF MAY 2, 2011 IN CONFERENCE ROOM 1 The meeting was called to order at 6:30 pm by President -Gary Peterson. Members Present: Bruce Nawrocki, Gary Peterson, Bobby Williams, Donna Schmitt, Tammera Diehm, and Marlaine Szurek. Members Absent: Gerry Mellinger Staff Present: Walt Fehst, Scott Clark, Sheila Cartney, and Shelley Hanson. 2. PLEDGE OF ALLEGIANCE - RECITED 3. CONSENT AGENDA 1. Approve the Minutes of April 4, 2011. 2. Approve the Financial Report and Payment of Bills for March 2011 per Resolution 2011 -04 Questions from members: Nawrocki questioned checks on page 4 ( #138304 and #138484). Cartney told him they were payments made for the Housing Rehab Rebate Program. Motion by Szurek, seconded by Schmitt, to waive the Reading of Resolution 2011 -04, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Szurek seconded by Schmitt, to approve the minutes and to adopt Resolution 2011- 04, approving the Financial Report and payment of bills for March 2011. All ayes. MOTION PASSED. EDA RESOLUTION 2011 -04 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL STATEMENT FOR MARCH 2011 AND PAYMENT OF BILLS FOR THE MONTH OF MARCH 2011. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the month of March 2011 has been reviewed by the EDA Commission; and WHEREAS, the EDA has examined the financial statement and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and 18 EDA COMMISSION MINUTES PAGE 3 May 2, 2011 WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. Passed this 2nd day of May, 2011. MOTION BY: Szurek SECONDED BY: Schmitt AYES: All ayes BUSINESS ITEMS 4. 37 and CENTRAL AMENDED REDEVELOPMENT AGREEMENT Clark reminded members that at the April 4, 2011 meeting the EDA gave a consensus to proceed with amendments to the 2008 "37 and Central Development Agreement" that will result in the construction of a 7,600 sq. ft. retail facility (O'Reilly's Auto). The EDA wanted concessions from the developer and in this Agreement there is $45,310 in reduced subsidies. A redlined copy of the Agreement was included in the agenda packet for easier reading of the changes. Highlights are: 1) Minimum Improvement definition reduced to 7,500 sq.ft. 2) Ten year loan reduced to four years 3) Construction start date established as June 1, 2012 (although anticipated commencement date is in 2011) 4) Business subsidy calculations were modified in Section 3.7 (b). It is critical to note that the total of these figures are greater than the actual assistance given to the developer. This is due to idiosyncrasies in State statute definitions. 5) The amount of reduced assistance from the original Agreement is $45,310 calculated as follows: a) Developer to construct the relocated driveway per State requirement at their cost without EDA assistance $30,000 b) Loan reduction from 10 years to 4 years will reduce the amount of interest lost calculation to $13,080 c) Reduction of SAC credits from 4 to 2 will reduce assistance by $2,230 Clark told members that this is a three party agreement and upon EDA approval the City Council will have to act on the same. The Agreement follows the guidelines as agreed upon by the EDA at the April 4, 2011 meeting, and as such, staff recommends approval as written. Questions from Members: Peterson and Nawrocki both questioned the start date of June 1, 2012. They thought it would be sooner than that and were concerned that the neighbors would be complaining about the site being dusty for another summer. Clark told members he thought the start date would be sooner than June 2012, but he thought the June 2012 date would give them plenty of time to go through the process so that the 19 EDA COMMISSION MINUTES PAGE 4 May 2, 2011 Development Agreement wouldn't have to be amended again. Clark said the process before construction could begin will take a couple of months at the very least. He suggested changing the date to the end of the year, and said he thinks the developer will agree to that. Schmitt said it doesn't make sense to add dirt and sod to the site, just to have it removed once construction begins. She said the neighbors, unfortunately, may have to put up with the dust for a little longer until the development can start. Szurek also stated it makes no sense to force improvements to the vacant lot since construction will begin shortly. Clark then answered questions on the reduction calculations listed above. Diehm stated she hopes construction could begin before October 1 She would rather amend the agreement again than to set a start date of June 2012 now. Motion by Williams, seconded by Szurek to change the start date of the Amended Redevelopment Agreement to October 1, 2011. All ayes. MOTION PASSED. Motion by Szurek, seconded by Williams, to approve the Amended and Restated Contract for Private Redevelopment by and between Columbia Heights Economic Development Authority and the City of Columbia Heights and 37 and Central LLC dated May 2, 2011, with the start date to read October 1, 2011 (as noted in the previous motion). Roll Call: All ayes MOTION PASSED. Clark told members the Amended and Restated Contract for Redevelopment between The City of Columbia Heights. The EDA, and 37 and Central LLC would go before the City Council for approval at the May 9 meeting. 5. 828 40 AVENUE PURCHASE AGREEMENT Cartney told members that in 1999 the EDA purchased property at 828 40 Ave NE with an old TV repair building on the lot. In 2001 the building was torn town leaving a vacant green space. The EDA used CDBG money to purchase the building and for demolition costs. The purchase price was $72,246.50 and demolition $7,117.20 for a total of $79,363.70 of CDBG funds used. Recently Larry and Millie Kewatt have presented a purchase agreement to buy the vacant lot at 828 40 Avenue in the amount of $10,000 to turn it into a parking lot. The purchase is contingent upon Anoka County approving an entrance off 40 Avenue and soil compaction tests. Millie plans to relocate her accounting business from Northeast Minneapolis to the vacant building abutting this lot and desires to use the EDA lot as parking for her business. After a meeting on April 28 with the Millie, she offered to allow the library to use the lot after 3pm and the city to use the lot during Jamboree. According to the Anoka County Assessor's Department this parcel has a 2011 value of $37,000. The lot is about 6,750 square feet. Cartney said that if the City decides to sell the lot, Tholkes would still be allowed to use the lot for a garden this year and it would be paved in the fall. 20 EDA COMMISSION MINUTES PAGE 5 May 2, 2011 Walt said he spoke with Becky about the Library's parking needs. She said the Library could definitely use the extra parking. The Kewatts have said that the Library could use the parking lot 9 months of the year after 3 pm each day. Millie Kewatt told members that she has 6 tax preparers that work for her and that during tax season they have people coming and going every % hour. The parking behind the buildings she is considering buying only have 6 -7 spots now and she feels she needs approximately 20 spaces. Cartney explained the EDA's policy discussion should center on the following: 1. Is the purchaser's offer acceptable? 2. If the offer is not acceptable, is there an alternative price that would be? 3. Are there other considerations that could be made by the purchaser to affect the original price? 4. Overall, what is the benefit to the city of having a vacant green space turned into a private parking lot? 5. Do we even want to sell the lot at this time? Staff seeks direction whether or not to proceed with a purchase agreement for the sale 828 40` Avenue. Questions from members: Nawrocki said the property was acquired years ago for possible use as additional Library parking. He was at the Library earlier today and parking was a problem. The lot was full and so were the street spaces on 40 and down Jackson. He thinks parking for the Library should be the first consideration. Diehm questioned why this Purchase Offer wasn't brought before the Board for consideration and discussion in an executive session. Clark told her that is usually done if the City is trying to negotiate a purchase of property that becomes available. He said he brought this to the Board tonight as the Kewatt's purchase of the two commercial buildings adjacent to this lot is contingent upon being able to also purchase this lot for parking. They approached staff and wanted some quick feedback from the Board so they could make their final decision. Diehm suggested that the City retain the lot for the Library's use and let her business rent or lease some of the spaces. Millie said she would consider leasing if she doesn't have to expend funds to develop it. Schmitt asked how much it would cost to change it into a parking lot. According to Kewatt, it would cost about $35,000- $40,000 for a 12 stall parking lot. Schmitt asked how many parking spots are required for that type of business. Clark said none are required in that zoning district. Street parking is sufficient. Nawrocki asked what the lot size is. Clark said it is approximately 54 x 125. Peterson said he thinks the price offered is too low. Since the Board hasn't marketed the lot, he's not sure what its value is, but he feels that $10,000 is definitely too low. He would possibly reconsider the low offer if he knew for sure that the building's exterior would be updated or modified to aesthetically improve the entire site. Szurek thought we should keep the lot also. For the amount offered, we'd be better off keeping it for the Library to use. Diehm said if the lot is turned into a Municipal/Library parking lot, there would be many things to consider such as lease fees, and taxes that may be incurred if used as such. She would be open to exploring options, but would need time to obtain information, to make the best decision regarding future 21 EDA COMMISSION MINUTES PAGE 6 May 2, 2011 long term use of the lot. It would also have to go before the Planning & Zoning Commission first to see if it is consistent with the Comprehensive Plan. Schmitt asked what the lot was worth. Clark responded that the Estimated Market Value is $37,000 and that he has done some checking with others, and that value would be fairly close. Nawrocki said his primary concern would be for the Library's needs. He brought up the possibility of utilizing the property on Van Buren that the City also owns. It was decided that site is too high and would require a lot of work to make it useable as a parking lot. Clark said he had discussions with the Kewatts regarding their business possibly using the Municipal Parking Lot on Van Buren, but they didn't think that was a good option for them and their clients. Scott Miller, the Realtor listing the property said it is tough to get land sale comps and explained the Kewatts would have to invest $35,000 into making it a parking lot, plus the $10,000 to purchase the land. He has worked hard at bringing a new business into the community and without this lot, the purchase probably won't happen. They have been working with the SBA in getting all the paperwork in order, and were hoping to get this lot to complete the transaction. He stated he was disappointed that the Board was not more enthusiastic in obtaining new businesses to fill vacant sites and that he thought the $10,000 offer was a fair price. Diehm said that the EDA and Council welcome new business, but since the City wasn't marketing the lot, and it technically wasn't for sale, they haven't had time to seek other information or to discuss the matter. Peterson would love to see buildings occupied, but also wants to see them updated and looking nice. It sounds like the Kewatts want to purchase the buildings since the price was reduced and they became so affordable. However, it doesn't sound as though they have plans to do any improvements, especially to the exterior. Since the price offered for the empty lot is too low, and the appearance of the buildings wouldn't change, he is not in favor of selling it at this time for that offer. Diehm thought it would be a good idea for the Board to sit down and set goals for each of the vacant lots the City owns so that staff knows how to respond to these requests. Clark said staff will have further discussions with the Kewatts and research some options, so that further information can be brought back to the Board at the June meeting. 5. OTHER BUSINESS The next meeting is scheduled for Monday, June 6, 2011 at City Hall. The meeting was adjourned at 7:20 pm. Respectfully submitted, Shelley Hanson Secretary 22 PLANNING AND ZONING COMMISSION DRAFT MINUTES OF THE REGULAR MEETING June 6,2011- 7:00 PM The meeting was called to order at 7:00 pm by Chair - Marlaine Szurek. Commission Members present- Thompson, Peterson, Fiorendino, Kinney, and Szurek. Also present were Council Liaison Gary Peterson, Jeff Sargent (City Planner), and Shelley Hanson (Secretary). Motion by Kinney, seconded by Fiorendino, to approve the minutes from the meeting ofMay 3, 2011. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2011 -0601 APPLICANT: Renaissance Fireworks LOCATION: 4005 Central Avenue REQUEST: Interim Use Permit for Seasonal Sales Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the operation of a fireworks tent at 4005 Central Avenue. The City of Columbia Heights recently amended the ordinance regarding outdoor seasonal sales in all zoning districts, and now requires an Interim Use Permit. The specific development standards for an outdoor sales /display establishment are found at Section 9.107 (C)(20), and will be added as conditions of approval for this permit. This will be the Renaissance's 7 year operating a fireworks tent at this location in Columbia Heights. The attached site plan illustrates the configuration and orientation of the fireworks tent to Central Avenue. The Fire Chief has inspected the plans and will conduct a site inspection of the tent prior to the business opening for operation. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. ZONING ORDINANCE The zoning classification for this property located at 4005 Central Avenue is CBD, Central Business District. Fireworks tents are allowed as Interim Uses in this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 87,500- square foot commercial building is required to have 263 parking spaces. After using the 13 parking spaces for the tent, the site will still have 282 parking spaces. Furthermore, with the location of the display area on the opposite side of the parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines seven findings of fact that must be met in order for the City to grant an interim use permit. They are as follows: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. Fireworks tents are an Interim Use in the CBD, Central Business District, and are considered retail sales, which are permitted. 23 P & Z minutes Page 2 of 13 June 7, 2011 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. The proposed temporary use should not have any detrimental impact on neighboring properties because of its proximity to Central Avenue and because it is shielded from adjacent residential uses. 4. The use will not substantially diminish the use of property in the immediate vicinity. The fireworks tent as proposed will have no impact on the use of adjacent properties. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The fire department will conduct an on -site survey prior to the business opening. All state requirements regarding fireworks sales will be complied with before the fire department will allow the operation of the business. 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The traffic generated by the fireworks tent will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the fireworks tent should not have a negative impact on other uses in the immediate vicinity, which are all zoned commercial. Staff recommends that the Planning Commission approve the Interim Use Permit for a fireworks tent subject to conditions of approval outlined in the motion. Questions by members: Fiorendino asked if there were any changes from last year. Sargent told them there were no changes from previous years. Public Hearing was opened. No one wished to speak on this matter. The Public Hearing was closed. Motion by Fiorendino, seconded by Thompson, that the Planning Commission approves the Interim Use Permit for a fireworks tent at 4005 Central Avenue NE, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Connnunity Development Department and the Fire Department. 2. The sale of fireworks' shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents located within the public right -of -way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. 5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential properties. 7. The fireworks tent shall not reduce the amount of off-street parking provided one site below the level required for the principal use. 8. Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty -two (32) square feet. All ayes. MOTION PASSED 24 P & Z minutes Page 3 of 13 June 7, 2011 RESOLUTION NO. 2011 -PZ05 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN INTERIM USE PERMIT FOR RENAISSANCE FIREWORKS, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2011 -0601) has been submitted by Renaissance Fireworks to the Planning and Zoning Commission requesting an Interim Use Permit approval from the City of Columbia Heights at the following site: ADDRESS: 4005 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for a fireworks tent and sale for a period of no more than 90 days, per Code Section 9.110 (F)(4)(a). WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June7,2011; 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 use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. Adequate measures have been or will be taken to minimize traffic congestion on the pubic streets and to provide for appropriate on -site circulation of traffic. 7. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 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 (I) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents located within the public right -of -way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. 5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential properties. 7. The fireworks tent shall not reduce the amount of off - street parking provided one -site below the level required for the principal use. 8. Signage shall be limited to two (2) professionally made signs, with a combined square footage not Exceeding thirty -two (32) square feet. 25 P & Z minutes Page 4 of 13 June 7, 2011 CASE NUMBER: 2011 -0602 APPLICANT: Gentle Touch Animal Sanctuary / Sandee Zander LOCATION: 5019 University Avenue NE REQUEST: Conditional Use Permit for an Animal Shelter Sargent explained that on May 3, 2011, the Planning Commission recommended approval for an ordinance amendment that would require a Conditional Use Permit (CUP) for animal shelters located in the GB, General Business District. Previously, the City Code regulated these uses, however it did not dictate in which zoning district such uses may be located. Staff realized this omission from the City Code when Gentle Touch Animal Sanctuary called to inquire whether they could move their business into Columbia Heights. Since the Zoning Ordinance has been amended, Gentle Touch Animal Sanctuary is now requesting a CUP per Code Section 9.110 (E)(3)(s), in order to locate an animal shelter at 5019 University Avenue NE. Gentle Touch Animal Sanctuary is a 501(C)(3) non -profit feline rescue and placement service, founded by Sandee Zander in 2001. Their present location at 4900 France Avenue N. in Brooklyn Park is in mortgage default by the building owner, and their current lease expires on July 31, 2011. They have approached the building owner at 5019 University Avenue, who has agreed to allow animals at that site. Gentle Touch Animal Sanctuary primarily houses cats and kittens, and will occasionally take in a litter of puppies if all other options are exhausted. The shelter will include 13 cages in the general room, housing up to 2 cats per cage. The kitten room will contain 5 cages with 1 litter per cage. The evaluation room will have 8 cages with 1 cat per cage. No sick cats will be housed on the premises. The total number of cats at the facility will vary throughout the year, depending on the intake of litters and adoptions. The Gentle Touch Animal Sanctuary partners with PetSmart and PetCo in order to help in the adoption process. The maximum number of animals allowed onsite depends on the size of the rooms containing the animals, and is determined by the State Board of Animal Health. The State Board of Animal Health inspects the premises at least once per calendar year as an unannounced visit. COMPREHENSIVE PLAN The Comprehensive Plan dedicates this area for Mixed Use Development. Mixed Uses include both residential and commercial. Since the proposed location for this business is in a preexisting commercial strip mall, the proposed use is consistent with the Comprehensive Plan. ZONING ORDINANCE The property is zoned GB, General Business, as are the properties to the north and south. The properties to the east are zoned for one and two family residential use. The property to the west lies in the City of Fridley. The City Code pertaining to animal shelters allows for an outdoor run/play area for the animals, but does not allow for the outdoor kenneling of animals. Ms. Zander indicated that the outdoor area devoted to the tenant space would not be sufficient to implement an outdoor run/play area, so they will not utilize this option. Also, all animals will be housed indoors. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Pernb They are as follows: P & Z minutes Page 5 of 13 June 7, 2011 (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Animal shelters are specifically listed as a Conditional Use in the GB, General Business District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan dedicates this area for Mixed Use Development. Mixed Uses include both residential and commercial. Since the proposed location for this business is in a preexisting commercial strip mall, the proposed use is consistent with the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. Animal shelters are required to have both soundproofing and odor control measures in place prior to the business opening. The applicant has been in contact with the Building Official to ensure that the tenant space meets the minimum requirements for soundproofing and odor control. Also, there will not be any outdoor housing of animals nor will there be an outdoor rim / play area for the animals, so neighboring properties should not be affected. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use ofproperty in the immediate vicinity will not be impacted by the placement of an animal shelter at 5019 University Avenue NE. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. All activity will remain indoors with no change to the existing building located on the property. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The use will not generate any excess traffic than what would normally occur for businesses located in the GB, General Business District. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. The use is a listed Conditional Use for the district and will abide by the Specific Development Standards as listed as conditions for its approval. This should ensure that the proposed use will not cause a negative cumulative effect. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. 27 P & Z minutes Page 6 of 13 June 7, 2011 Staff recommends approval of the proposed CUP for an animal shelter located at 5019 University Avenue NE with the six conditions that Sargent read to the members. Questions from members: Peterson had a concern about the location of the dumpster and whether there would be odor issues for the neighbors. Sargent explained that the owners plan to double bag all cat litter and waste from the business and that the dumpster would be emptied twice a week. Peterson then asked if there would be noise issues for the apartment building that is only 10 feet from this site. Sargent said that since they will have primarily cats at the site, they are less noisy and will be kept inside. Soundproofing is also being done to ensure that all noise would be contained to that space. Peterson asked what the hours of operation were. Sandee Zander, the applicant, told members they are open to the public on Monday, Tuesday, Wednesday, and Friday from 6 pm — 8 pm and on Saturdays from 1 pm -- 3 pm. The staff consists of volunteers that work approximately 12 hours a day (from 9 am — 9 pm). There are usually 2 people on site during the 2 scheduled shifts. They clean the space and care for the animals. Peterson asked if all the animals get placed. Zander responded that they have 8 — 10 cats that have been at the shelter for a long time and may never be placed. They are free to roam the building, but have never escaped since there will be double doors at the entrance. Kinney was concerned about the facility being open too late and that lighting may impact the neighbors. But once she heard the hours of operation, decided that was not an issue. Kinney noted that dogs may occasionally be housed there also and was concerned about how they would be cared for, since there isn't room for an outside area. She asked whether there could be a restriction so dogs would not be allowed at this site. Sargent explained that our Ordinance allows for dogs in an Animal Shelter and would require an Ordinance change in order to restrict them from being on site. Zander told members that they only take in small breed puppies for short periods of time. These puppies aren't trained yet and are kept in cages similar to a pet store. So a dog run or outside area is not a requirement for them. She also told members she has a small dog that she brings in with her each day, but takes him home with her each night. Fiorendino asked if they could add an outdoor run area later or if they would have to come back for approval if they decided to expand their operation. Sargent said the Conditional Use Permit would allow them to add that, if there is room, unless it is stated as a condition now. He made it clear that even though they don't plan on doing that at this time, it would allow them to later. The Public Hearing was opened. Sandee Zander currently operates from 4900 France Avenue No, Brooklyn Park, She told members she has never had a cat escape her facility. Thompson clarified the number of cats she could potentially have on the premise as noted in the report as follows: 34 cats -plus up to 5 litters (kept in kitten room) -and 10 cats that roam free throughout the facility. He thought that was a large number. Zander stated that is the maximum amount they would have. At times, she does have to turn away cats, as there is a limit to how many she can legally have. She said the facility is thoroughly cleaned twice a day. They vacuum twice, mop the floors twice, and clean the cages as often as needed throughout the day. Bruce Knowlton of 5049 4 Street asked if anyone had checked with the Health Department to see if this is an appropriate space for this use. He was also concerned about the dumpster causing problems due to animals chewing through the container or items inside. Szurek told him that the site will be inspected by the State Board of Amal Health and they will dictate how many P & Z minutes Page 7 of 13 June 7, 2011 animals she can have on site. As for the dumpsters, they shouldn't have any issues with that any more than any other resident or business has with their trash. Paul Andrews of 5024 4 Street doesn't mind cats being housed at this site, but does not want any dogs. He would like to see the Ordinance changed to restrict dogs. Sargent explained the City Council has to actually change the Ordinance and that is a process that takes several months. Zander again stated that any dogs at the site will not be running free or be kept outside. Andrews then said he thought the dumpster would be an issue because of people going through the dumpsters of the other businesses in the area looking for items in their trash. Zander said that issue could be eliminated by using a lock on the dumpster. Sargent encouraged residents to call the police if they see any dogs running loose or if they notice people going through dumpsters. The Public Hearing was closed. Sargent reminded the audience that the Planning & Zoning Commission is a recommending body only. The City Council will be the ones actually approving this issue at their meeting on Monday, June 13, 2011. He encouraged anyone who had concerns to bring them to the City Council at that time. Motion by Peterson, seconded by Kinney, that the Planning Commission recommends the City Council approve the Conditional Use Permit for a for an animal shelter located at 5019 University 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. Any activity conducted outdoors, including but not limited to play areas, outdoor runs, etc. shall be approved by the City Council through a Conditional Use Permit on a case - by -case basis. 2. Outdoor kennels shall be prohibited. 3. All outdoor activity space shall be completely screened from abutting neighboring residential zoning districts or uses by a six-foot tall privacy fence that is at least 80 °0 opaque. 4. All indoor activity shall include soundproofing and odor control. 5. The space must be ventilated in accordance with the MN State Mechanical Code. 6. Owner shall hold a current Animal Health License through the MN Board of Animal Health. Roll Cali: All ayes. The following Resolution will go to the City Council at the June 13, 2011 meeting. DRAFT RESOLUTION NO. 2011 -XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE GENTLE TOUCH ANIMAL SANCTUARY TO ALLOW AN ANIMAL SHELTER WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2011 -0602) has been submitted by Sandee Zander to the City Council requesting a conditional use pennit from the City of Columbia Heights at the following site: ADDRESS: 5019 University Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(s), to allow for an animal shelter in the GB, General Business District at 5019 University Avenue NE. 29 P & Z minutes Page 8 of 13 June 7, 2011 WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 7, 2011; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (I) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Any activity conducted outdoors, including but not limited to play areas, outdoor runs, etc. shall be approved by the City Council through a Conditional Use Permit on a case -by -case basis. 2. Outdoor kennels shall be prohibited. 3. All outdoor activity space shall be completely screened from abutting neighboring residential zoning districts or uses by a six -foot tall privacy fence that is at least 80% opaque. 4. All indoor activity shall include soundproofing and odor control. 5. The space must be ventilated in accordance with the MN State Mechanical Code. 6. The owner shall hold a current Animal Health License through the MN Board of Animal Health. CASE NUMBER: 2011 -0603 APPLICANT: Top Value Liquor LOCATION: 2105 — 37 Avenue NE REQUEST: Conditional Use Permit for LED Sign The City of Columbia Heights just recently approved a Zoning Amendment that requires a Conditional Use Permit (CUP) for all new digital LED signs installed within the City. At this time Top Value Liquor, a municipal liquor store, is requesting a CUP per Code Section 9.106 (P)(13)(c) in order to comply with the City Code. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for commercial development that includes goals for commercial and economic development. These goals include: strengthening the image of the community as a desirable place to live and work,4oviding opportunities and mechanisms for P & Z minutes Page 9 of 13 June 7, 2011 successful redevelopment of targeted areas, preserving and enhancing the existing commercial areas within the community, advocating high quality development and redevelopment within the community, and enhancing the economic viability of the community. The applicant's proposal for a digital LED sign is consistent with these goals, as the sign will be used in conjunction with a new commercial redevelopment. ZONING ORDINANCE The property located at 2105 — 37 Avenue NE is zoned GB, General Business, as are the properties to east. The properties to the north are zoned R -3, Multiple Residential, the property to the west is zoned for Park and Open Space, and the properties to the south are located in the City of Minneapolis. Digital LED signs are permitted as a Conditional Use in the GB, General Business District. Top Value Liquor is requesting the proposed LED sign to be attached to the existing freestanding monument sign for the store. The existing monument sign is 20 square feet. The LED portion of the sign will be 28 square feet. City Code now allows monument signs to be up to 50 square feet in area, with the LED portion not exceeding 60% of the total square footage. The proposed sign will be 48 square feet, with the LED portion occupying 58% of the sign. Top Value Liquor will also be required to meet all other regulations governing LED signs, which have been attached as conditions of approval. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Digital LED signs are specifically listed as a Conditional Use in the GB, General Business District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for commercial development that includes goals for commercial and economic development. These goals include: strengthening the image of the community as a desirable place to live and work, providing opportunities and mechanisms for successful redevelopment of targeted areas, preserving and enhancing the existing commercial areas within the community, advocating high quality development and redevelopment within the community, and enhancing the economic viability of the community. The applicant's proposal for a digital LED sign is consistent with these goals, as the sign will be used in conjunction with a new commercial redevelopment. (c) The use will not impose hazards or disturbing influences on neighboring properties. The applicant will have to abide by specific development standards as they relate to LED signs. These standards were adopted to help ensure a limiting disturbing influence on neighboring properties. Given the location of the proposed sign and its orientation to 31 P & Z minutes Page 10 of 13 June 7, 2011 37 Avenue, staff feels that the use will not impose hazards on the neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of property in the immediate vicinity will not be diminished by the placement of a digital LED sign at 2105 — 37 Avenue. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The applicant will have to abide by specific development standards as they relate to LED signs. These standards will help ensure compatibility with the appearance of the existing surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The use ofa digital LED sign at this location will not affect traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. By subjecting the use of a digital LED sign to specific development standards, it is intended that the use will not cause a negative cumulative effect. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. Staff recommends approval of the proposed CUP for a digital LED sign for the Top Value Liquor Store located at 2105 — 37 Avenue NE. Questions from members: Fiorendino asked if the sign would be the same as the one at the Liquor Store on Central. Sargent told him yes. Peterson asked for a clarification of items 2 & 3. It was noted there was a typo on the report in the packet. The reference to time in items 2 & 3 should all read ten (10) seconds. Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommends that the City Council approve the Conditional Use Permit for a for a digital LED sign for the Top Value Liquor Store located at 2105 — 37` 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: 32 P & Z minutes Page 11 of 13 June 7, 2011 1. The dynamic LED signs may occupy no more than sixty percent (60 %) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The dynamic LED sign may not change or move more often than once every ten (10) seconds, except one for which changes are necessary to correct hour - and - minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every ten (10) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) seconds. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfienctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 7. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one hallfhour after sunrise. Roll Call: All ayes The following Resolution will go to the City Council June 13, 2011 DRAFT RESOLUTION NO. 2011 -XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR TOP VALUE LIQUOR WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2011 -0603) has been submitted by Top Value Liquor to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 2105 — 37 Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.106 (P)(13)(c), to allow a dynamic LED sign in the GB, General Business District. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on June 7, 2011; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and 33 P & Z minutes Page 12 of 13 June 7, 2011 welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The dynamic LED signs may occupy no more than sixty percent (60° %n) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The dynamic LED sign may not change or move more often than once every ten (10) seconds, except one for which changes are necessary to correct hour - and - minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every ten (10) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) seconds. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6 The dynamic LED signs must be designed and equ to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 34 P & Z minutes Page 13 of 13 June 7,2011 7. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign is face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half-hour after sunrise. NEW BUSINESS No new business. The meeting was adjourned at 7:50 pm. Respectfully submitted, Shelley Hanson Secretary 35 0 Approved . + _ 6/1/11 i COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES May 4, 2011 The meeting was called to order by Chair Patricia Sowada, at 6:32 p.m. Members present were: Patricia Sowada, Steve Smith, Barbara Tantanella, and Catherine Vesley. Also present: City Council Representative Tami Diehm, Becky Loader, and Stacey Hendren. Not present: Nancy Hoimn. The Board welcomed newly appointed Library Board member Steve Smith. Smith gave a brief introduction stating he is looking forward to working with the library, especially because we are an independent library that can react and work with the community. Smith has lived in the community since 1971 and has been involved with many civic organizations. Board members introduced themselves to Smith. The minutes of the April 6, 2011 Board meeting were approved as mailed. The bill list dated 4/25/11 of 2011 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The 2011 accounting dated 5/4/11 was reviewed. Old Business: L The thank you note from Lynette Thomson for the plant brought by Sowada was passed around to Board members. 2. Board members were reminded of the Linder's fundraiser May 6 -9 The Library is on its fourth printing of coupons, and press releases were in the Northeaster and Sun Focus. 3. The contract and order for replacement copiers throughout the city have been signed. Delivery is expected in 3 weeks. 4. The bid from Master Mechanical was chosen to complete the boiler replacement project. The planning phase is in progress and the asbestos has been abated. The boiler will be installed prior to the summer. The air conditioning bids will be on the May 9' City Council meeting. The Library is replacing the 1978 center unit and the 1984 east room unit. The air conditioners are expected to be installed prior to summer. Kevin Hansen, Public Works Director, coordinated this project and has done excellent work. 5. Brochures for the May 21 "Live at the Library" event were given to Board members. This is a Legacy event to promote arts and cultural heritage. The Board was encouraged to attend and to host the event. 6. Loader is working with MARCO for proposals on security recommendations. Loader will keep the Board apprised of progress, but will be unable to make decisions until available funds are determined. Loader expects to start with card keys and remote door locks, and postpone cameras due to the cost. 7. The Library has budgeted for several maintenance projects in 2011 including plumbing, window replacement, elevator upgrades, and cabinet installation. Due to the appointment of the city Building Maintenance Supervisor there isn't a clear determination of whose responsibility it is to plan these projects. Loader is initiating progress on these projects as they are currently behind schedule. There was 1 36 extensive discussion concerning the role of the Building Maintenance Supervisor and the current benefits of in -house cleaning. The ash trees around the library building have been removed. John Nordlund, Public -Works master gardener, is preparing a landscape plan for the side and front of the building. New Business: 1. The Legislative bill repealing library maintenance of effort received an abundance of concern and was pulled from this scheduled hearing.. The Board discussed how MOE works and the effects on Columbia Heights and statewide libraries if MOE no longer existed. Loader provided talking points from the Minnesota Library Association in support of MOE. 2. The Board appreciated the up -to -date contact sheet. 3. The crossover statistics for March were reviewed. Loader informed the Board of the new statistic showing how many eBooks are checked out by Columbia Heights patrons. 4. The Board received the monthly update from Unique Management. There continue to be problems with the reporting through SIRSI, and an upgrade is expected in the spring. Items from the Floor: I. The Library is now keeping track of donations from the community that have been added to the collection. Library staff and the Board were pleasantly surprised to find out that from January thru April 971 donated items were added. 2. The obituary and funeral program for Muriel McClellan were presented to the Board. Mrs. McClellan designated the Library Foundation as a recipient of gifts in her honor. 3. The City owned vacant lot across from the library prompted much discussion.. The Library currently has only 18 parking spots, many of which are used by staff, and during programs, parking has become an issue. Loader states that it is essential for the lot to be paved by the City for Library parking. Board members are encouraged to call Council members to discuss the Library's need. 4. Starting in September the Board will work on creating a long -range plan for the Library. The Board will review the plan from 1999 to see what has been accomplished. 5. The Board received the Anoka County Parks and Recreation summer brochure. 6. The Library is anticipating a prolonged absence of Children's Librarian Marsha Tubbs. Loader is making contingency plans for different levels of absence, and preparing proposals for Human Resources Director Linda Magee. There being no further business, the meeting was adjourned at 8:02 p.m. 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 services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 2 37 UNAPPROVED OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION MONDAY, JUNE 6, 2011 CALL TO ORDER The meeting was called to order by Acting Chairperson Goodman at 6:07 p.m. ROLL CALL Members present: Doty, Goodman, Olson, Tyler (Carlson — Absent) Staff present: Kathy Young, Assistant City Engineer Ted Fischer, Police Sergeant Sue Schmidtbauer, Public Works Secretary Council Liaison: Donna Schmitt APPROVAL OF MINUTES Motioned by Doty, seconded by Tyler to approve the minutes of May 2, 2011, as presented. Motion carried unanimously. OLD BUSINESS None OTHER OLD BUSINESS None NEW BUSINESS PUBLIC HEARING FOR 50 AVENUE NE, EAST OF CENTRAL AVENUE There are issues with safety and congestion at the 50 Avenue and Central Avenue intersection. Another issue is additional traffic on Tyler Street generated by businesses on Central Avenue, such as Jimmy John's and potentially ALDI. A. DESIGNATE "NO PARKING" ON 50 AVENUE NE FROM CENTRAL AVENUE TO THE EAST PROPERTY LINES OF 4955 AND 5001 CENTRAL AVENUES. Kathy Young stated the intersection at 50 Avenue and Central Avenue can be hazardous with lots of conflicting movement. The public hearing was called to discuss the implementation of "No Parking" on 50 Avenue from Central Avenue to the east property lines of Jimmy John's and ALDI's. This will improve visibility and allow for the full width of the street to be used for traffic. This recommendation came from staff, residents, and MnDOT. Residents present agreed. Motioned by Doty, seconded by Olson to recommend the City Council designate "No Parking" on 50 Avenue from Central Avenue to the east property lines of Jimmy John's and ALDI's. Motion passed unanimously. B. DISCUSS ASSIGNING THE EXIT FOR THE FRONTAGE ROAD SOUTH OF 50 AVENUE AS "RIGHT TURN ONLY." Designating the frontage road south of 50` as "Right Turn Only" would eliminate potential conflicts at the intersection as vehicles leaving the frontage road try to cross the eastbound lane of traffic to go west on 50 Avenue or north on Central Avenue. The drawback is that this will increase traffic on Tyler Street as drivers make their way back to Central Avenue: 50 Avenue to 38 Traffic Commission Minutes —April 4, 2010 Page 2 Tyler Street to 49 Avenue to Central Avenue. Currently the street is 33 feet wide. A right turn lane would add 10 -12 feet to the current width. The Public Hearing was called to discuss designating the frontage road as a right turn only, or to not allow traffic to exit the frontage road but require them to use the south driveway. Two days of traffic counts showed approximately 230 cars a day exit the frontage road over an eight hour period; this amount would be higher over a 24 -hour period. Staff supports installation of a sign directing northbound Central Avenue traffic to the south driveway entrance of the mall. Proposals as items for discussion: 1. Leave the way it is. The problem is vehicles leaving and trying to get across the street cause traffic problems. 2. Designate right turn only. The problem is this sends cars into residential areas. 3. Do not allow vehicles to exit the frontage road but have them come back to south driveway. The problem with this is if vehicles want to go southbound they must cross three lanes of traffic and then make a U -turn at the light. There are potential problems with each of these solutions. Todd Hanson of 4918 Tyler Street stated that not allowing vehicles to exit the frontage road would be good but it may hurt the businesses. Kathy said she spoke with the property manager of 4915 Central (mall) who stated that customers want an easy way in and an easy way out. Mr. Hanson stated that a right turn only on the frontage road will cause 2,000 cars go by his house. He suggested that we dead end Tyler Street. Another resident stated there are lots of kids in the area and the drivers get frustrated with them. She does not want the right turn only off the frontage road and the traffic it will generate on Tyler Street. Mr. Hanson stated there is already too much traffic from Jimmy John's - -using Tyler as a racetrack. He again suggested we dead end Tyler Street. Chairperson Goodman agreed we need to block off somewhere on the 50th side but Kathy stated if we did that we would then be sending traffic east all the way to Fillmore. Residents feel it is deadly on Tyler Street due to all the children. Apparently they conglomerate in one yard on the corner. They feel someone is going to be killed because of cars using Tyler as a cut through between 49 and 50 and driving fast. Residents suggested speed bumps but did not know if they would be effective. Someone also suggested a one -way towards 50 or a dead end at 50 similar to 7th Street at 53 Avenue. Goodman suggested a three lane road on 50 at Central with a left turn lane, through lane, and right turn lane. However, there is not enough space for this as the road would only be about 40 feet wide. Because it is a MnDOT road we would need more footage for three lanes. Chairperson Goodman suggested another street to make a right turn off the service road or build another way of getting out of ALDI's - -some type of exit for a right turn only. However, ALDI's driveway is far enough back from Central, it will actually be in the same location as the doughnut shop so it is easy to exit. Traffic leaving ALDI's will increase the number of vehicles but will not generate more traffic on Tyler Street. ALDI's has pledged to inform suppliers not to use Tyler Street for deliveries. Mr. Hanson stated most of the speeding is from Jimmy John's delivery vehicles and there has been no cooperation from the franchise. It is also busy for about one -half hour after school gets out. Traffic has increased on 50 Avenue since Jimmy John's opened and they do speed. Goodman suggested a separate right turn lane with a yield sign at the intersection onto Central. This 39 Traffic Commission Minutes –April 4, 2010 Page 3 would allow a continuous flow of traffic and eliminate a backup at the light. This would require staff to check with MnDOT and it would involve more work depending on where the signal pole is located. Another problem is that part of this area is private property —staff would need to contact ALDI' s and ALDI's is reluctant to give up parking spaces. MnDOT would also need to get involved to change the traffic light patterns. It was noted that just changing traffic lights on the east -west side would help free up the intersection because traffic will move. Kathy stated that MnDOT is looking at changing those traffic lights in 2012 or 2013. Traffic on Tyler is directly related to rush hour and Jimmy John's. ALDI's will not generate AM or PM peaks. Kathy stated staff will not support a right turn lane only out of ALDI's. Due to time constraints of Sergeant Fischer, Kathy suggested we table this item until later in the meeting. Motioned by Doty to table item 2 until later in meeting, seconded by Olson. All ayes. Motion carried. C. DISCUSS "NO THROUGH TRAFFIC" ON TYLER STREET, 49 AVENUE TO 50 AVENUE Suggestions for limiting traffic on Tyler Street have been to sign Tyler Street for "No Thru Traffic" or "No Delivery Service Vehicles ". Staff recommended a weight limit sign be installed consistent with other signs in the City. A standard sign would not apply to delivery cars. Sergeant Fischer stated signs can only be enforced when an officer is present and this would not be a high priority. Also, officers need to know exactly what the sign means and who it applies to in order to enforce it. The officer needs this information when he /she goes to court so would require investigative questions by the officer. Enforcing this type of signage is not a sure citation like speeding. Mr. Hanson stated a sign might be good just for someone to think about, but then again signs are routinely ignored. Sergeant Fischer also stated that our patrolmen do not know how to operate the scales. Mr. Hanson would like Tyler Street blocked off at 50` or dead ended. Kathy stated she will pass this on to the City Council. She also stated that with the existing right -of -way we cannot fit a cul -de -sac in. Chairperson Olson stated he sides with the residents relating to the excess traffic. He agrees with Sergeant Fischer regarding the signage as the City is "swimming in signs." However, a weight limit sign may carry some influence with commercial drivers due to the possibility of a citation. Motioned by Tyler to install weight limit signs on 50` and Tyler, seconded by Olson. Motion passed unanimously. DISCUSS ASSIGNING THE EXIT FOR THE FRONTAGE ROAD SOUTH OF 50 AVENUE AS "RIGHT TURN ONLY." (B. Continued) Olson recommended that all traffic leave by the south driveway, with entry only on frontage road and no exit, and no right or left turn. This would alleviate a lot of traffic and still be able to service mall with reasonable control. This would be properly posted with signs. Olson stated he does feel sony for the mall property owner but he has to side with the residents. Motioned by Goodman to accept Olson's proposal to designate the southbound frontage road as a one - way up to the first driveway of Jimmy John's with entry only and no exit and no right or left turn, seconded by Olson. Three ayes. Doty abstained. Motion carries. 40 Traffic Commission Minutes --April 4, 2010 Page 4 Minutes of the meeting will be forwarded to the City Council who will make the final decision. The right turn lane will become part of the discussion at the council meeting on Monday, June 13` If residents signed in, staff can notify the City Council of everyone who attended the meeting today. OTHER NEW BUSINESS None REPORTS ASSISTANT CITY ENGINEER MnDOT has come up with a new way to signify left turns with oncoming traffic. The left turn signal will now be a yellow flashing arrow. The yellow flashing arrow means it is okay to make a left turn cautiously. POLICE CHIEF None COMMISSIONERS The timing on the main semaphores at 53' and Central needs to be changed. There have been complaints about trying to get onto Central Avenue as it is very difficult. The northbound turn lane has a very short light. The timing needs to be looked at or sensored. Goodman stated there are potholes on 41" that were filled a while ago but they are getting bad again. They are located directly in front of 999 41'Avenue, condo #3. ADJOURNMENT Motioned by Olson, seconded by Tyler to adjourn the meeting at 6:55 p.m. Motion carried unanimously. Respectfully submitted, Sue Schmidtbauer Public Works Secretary 41 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: June 13, 2011 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CONSENT Administration APPROVAL ITEM: Adopt Resolution 2011 -35, BY Linda Magee BY: at: 2 4 Supporting the Concept of DATE: DATE: Cooperation and Collaboration NO: During the past year, representatives from Anoka County and cities and school districts in Anoka County have been meeting to explore and improve cooperation and collaboration among the various units of government. This undertaking is referred to as the City, County, and School Collaboration Project. The five principal focus areas are: • Trust and information Sharing • Service Sharing • Fiber and Technology • Economic Development • Citizen Communication Attached is a resolution in support of the efforts of the City, County, and School Collaboration Project and the concept of cooperation and collaboration to promote greater efficiency in the use of public resources and exploring such opportunities. Staff recommends adoption of the resolution. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies for the public. RECOMMENDED MOTION: Move to adopt Resolution 2011 -35, being a Resolution Supporting the Concept of Cooperation and Collaboration to Promote Greater Efficiency in the Use of Public Resources. COUNCIL ACTION: 42 RESOLUTION 2011 -35 BEING A RESOLUTION SUPPORTING THE CONCEPT OF COOPERATION AND COLLABORATION TO PROMOTE THE GREATER EFFICIENCY IN THE USE OF PUBLIC RESOURCES WHEREAS, the county, cities, and school districts in Anoka County have been meeting to explore and improve the cooperation and collaboration between the local units of government; and, WHEREAS, the local units of government in Anoka County have a history of working together to reduce costs and provide efficient services; and, WHEREAS, the economic, social, and civic environments continue to change requiring local units of government to develop new methods of service delivery; and, WHEREAS, the changes in the roles and working relationships of elected officials, staff, and constituents, the evolution of the services to be delivered, and the degree and accountability of authority require vision - driven leadership; and, WHEREAS, we must lead through an uncertain financial future, unstable economic conditions, undesirable financial trends, unfamiliar budget practices, changing organizational models, worried employees, and a concerned population: NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights embraces the concept of cooperation and collaboration to promote greater efficiency in the use of public resources and is committed to exploring opportunities. BE IT FURTHER RESOLVED that the City of Columbia Heights supports the efforts of the City, County, and School Collaboration Project and endorses the five principal focus areas: 1. Trust and Information Sharing: Establishing an environment of trust among the cities, county, and school districts, and developing better working relationships and providing more cost - effective public services. 2. Service Sharing: Facilitating efficient and cost - effective sharing of services, facilities, and other resources. 3. Fiber and Technology: Maximizing the use of fiber and shared technology to support public services. 4. Economic Development: Promoting a business - friendly environment that expands and retains a dynamic range of business and industry within our communities. 43 5. Citizen Communication: Developing effective, consistent, and ongoing communication networks with citizens, businesses, and other stakeholders. BE IT FURTHER RESOLVED that City of Columbia Heights employees at all levels are encouraged and directed to work with their counterparts in other governmental units to identify opportunities for cooperation and consolidation. Passed this day of June, 2011. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patty Muscovitz, CMC City Clerk 44 CITY COUNCIL LETTER Meeting of June 13, 2011 AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: CITY Fire MANAGER No. APPROVAL ITEM: Adoption of Statement of Interest in Hazardous BY: Gary Gorman BYE / Mitigation Planning DATE: June 8, 2011 DATE: No: Background: The State of Minnesota mandated that all counties and municipalities have a Hazard Mitigation Plan to maintain eligibility for state disaster assistance. Anoka County, along with help from all County municipalities wrote a plan that was then submitted to the Federal Emergency Management Agency and the Minnesota Department of Homeland Security and Emergency Management for review and approval. Approval by both agencies was obtained. Anoka County adopted the final plan November 28, 2006. Columbia Heights adopted the final plan by Resolution in 2007. The plan is required to be updated every five years. Anoka County is again requesting each municipality to adopt, by Resolution, this Statement of Interest to continue to support the All Hazard Mitigation planning process. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2011 -44, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2011 -44, adopting the Statement of Interest in All- Hazard Mitigation Planning with Anoka County. COUNCIL ACTION: 45 RESOLUTION NO. 2011-44 BEING A RESOLUTION APPROVING THE CITY'S PARTICIPATION IN THE ALL - HAZARD MITIGATION PLANNING PROCESS Statement of Interest in All- Hazard Mitigation Planning City of Columbia Heights As a potential participant in the Hazard Mitigation Assistance Program, the City of Columbia Heights, Minnesota hereby states their interest in participating in the multi - jurisdictional Anoka County All- Hazard Mitigation Plan. After FEMA funding approval and during the planning implementation, the City of Columbia Heights, Minnesota agrees to participate in the hazard mitigation planning process. As signed, we understand this is a voluntary program and our participation may benefit our jurisdiction by identifying hazards and prioritizing potential projects to mitigate the effects of natural hazards. Passed this 13 day of June 2011 Offered by Seconded by Roll Call: Ayes: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 46 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting ofJune 13, 2011 AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: City Manager's Fire Approval: No. ZA ITEM: Resolution Establishing BY: Gary Gorman l J List if Public Nuisances For Immediate Abatement DATE: June 13, 2011 No: Background: Chapter 8, Article 2 of City Code allows for the immediate abatement of specific public nuisances that are established by Council Resolution. The original list was approved in 2008 by Resolution 2008 -84. Due to City Code changes, mostly with the garbage and recycling sections, an updated Resolution needs to be approved. The bold, underlined sections are the new additions. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2011 -34, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2011 -34, being a Resolution establishing a list of public nuisances for immediate abatement. COUNCIL ACTION: 47 RESOLUTION NO. 2011-34 BEING A RESOLUTION IDENTIFYING PUBLIC NUISANCES FOR IMMEDIATE ABATEMENT WHEREAS, The Columbia Heights City Code of 2005 establishes Chapter 8, Article 2 entitled "Public Nuisances"; and WHEREAS, a Public Nuisance is defined as a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; and WHEREAS, City Code allows for the abatement of those nuisances that the City Council, by Resolution, specifically identify as situations in which an immediate abatement shall occur. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights adopts these public nuisances for immediate abatement. NUISANCE CITY CODE Garbage and rubbish Chapter 8, Article 3 Chapter 4, Article 7 Garbage containers / dumpsters Chapter 8, Article 3 Chapter 4, Article 7 Chapter 5A, Article 2 Appliances / Electronics Chapter 8, Article 3 Chapter 4, Article 7 State Statute 609.675 Recycling Chapter 8, Article 3 Chapter 4, Article 7 Hazardous materials State Statute 609.671 Yard waste Chapter 8, Article 3 Chapter 4, Article 7 Chapter 5A, Article 2 Composting Chapter 8, Artiele3 Long grass and weeds Chapter 4, Article 2 Chapter 5A, Article 2 Fire wood Chapter 5A, Article 2 48 Outside storage Chapter SA, Article 2 Sidewalks, parking & driveway hazards Chapter SA, Article 2 Pets / animals Chapter 5A, Article 2 Junk vehicles Chapter 7, Article 2 Chapter SA, Article 2 Parking on landscape Chapter 5A, Article 2 Public nuisances Chapter 8, Article 2 Section 8.202 (A), (D), (E), (F), (G), (H), and Section 8.204 (A), (C), (F), (H), (f), (J), (L), (M), (N), ( (P), (Q), ( (T) Dated this 13th day of June, 2011 Offered by Seconded by Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 49 CITY COUNCIL LETTER Meeting of: June 13, 2011 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTION REQUESTING MN /DOT BY: Kevin Hansen BY: 7 �, CONSIDERATION OF FUNDING THROUGH DATE 06/07/2011 DATE: THE METRO MUNICIPAL AGREEMENT PROGRAM FOR THE CONSTRUCTION OF RIGHT TURN LANE FROM 49 AVENUE NE ONTO SOUTHBOUND TH 65 (CENTRAL AVENUE) AND FROM 50 AVENUE NE ONTO NORTHBOUND TH 65 (CENTRAL AVENUE) Background: Staff has developed a site layout plan and prepared a Feasibility Report for the construction of a right turn lane on 50 Avenue, east of Central Avenue. The proposed work is similar to the right turn lane on 50 °i Avenue, west of Central Avenue, installed by the City in 2008. Analysis /Conclusions: The turn lane is proposed following the recent retail developments of Jimmy John's and ALDI's adjacent to the intersection to improve the overall operation of the intersection. Specific issues are presented below. 1. Proposed Construction The work would involve developing a right turn (RT) lane within the northerly ROW and existing easements. The current road width is 32 feet, and adding a RT lane would modify the width to 40 feet. This would provide for a 14 foot eastbound lane, a 12 foot through /left turn lane, and a 14 foot RT lane. Existing catch basins would need to be moved along with the loop detectors and wiring for the signal system. The estimated construction cost is $69,750. For comparison, the RT lane across the street was built for $79,270. This turn lane also required moving the signal pole at the SW comer at a cost of $21,650 for a total construction cost of $100,920. The liquor store provided the funding for this work. It is not anticipated by City staff that the signal pole at the east side would require modification — but is subject to MnDOT plan review. This work would also require minor modifications to the new ALDI's driveway access as the taper is being developed through this area — again similar to the work that was conducted at the liquor store on the west side. If ordered by the Council, staff would work with the ALDI's development to adjust the driveway grades to allow for minimal impact when the turn lane is constructed. 2. Project Funding /Methodology The turn lane on the west side of 50 Avenue was funded with liquor store funds. For the east side proposal, State -aid funds could be used. Along with City funds, assessments to benefitting property owners may also be considered. A third funding source is MnDOT's Metro Municipal Agreement Program. This program is intended for construction projects that are developed by local agencies that provide a benefit to both the Trunk Highway system and the local area. The right turn lane improvements are a specific improvement identified as eligible in the Municipal Agreement Program. An application to the MnDOT Municipal Agreement Program needs to be made by July of 2011. Mn /DOT requires a resolution approved by the City Council that provides that if municipal agreement funds are awarded, the City will enter into an agreement with the State for a cost sharing municipal agreement. It is then the City's responsibility for project design and contract administration. It is staff's recommendation to apply for the entire estimated construction cost through the Municipal Agreement Program as the primary means of funding. Awards will be made in November of 2011 for a 2012 (after July 1') construction project. 50 CITY COUNCIL LETTER Meeting of: June 13, 2011 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTION REQUESTING MN/DOT BY: Kevin Hansen BY: CONSIDERATION OF FUNDING THROUGH DATE 06/07/2011 DATE: THE METRO MUNICIPAL AGREEMENT PROGRAM FOR THE CONSTRUCTION OF RIGHT TURN LANE FROM 49 AVENUE NE ONTO SOUTHBOUND TH 65 (CENTRAL AVENUE) AND FROM 50 AVENUE NE ONTO NORTHBOUND TH 65 (CENTRAL AVENUE) Page 2 of 2 Two other intersections may also benefit from the addition of a right turn lane. Eastbound 49` Avenue at Central Avenue (in front of Walgreens) and westbound 40 Avenue at University Avenue (in front of Food -n- Fuel). Staff has conducted traffic counts at these intersections and has also been in contact with Anoka County as these are on County roads. From a cost - effectiveness perspective, it may be advantageous to package the work as a `right turn lane" type of improvement program. Work on these other intersections would need to be coordinated with both Anoka County and MnDOT. Recommended Motion: Move to waive the reading of Resolution No. 2011 -038, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2011 -038, being a resolution requesting Mn /DOT consideration of funding through the Metro Municipal Agreement program for the construction of a right turn lane from 49 Avenue NE onto southbound TH 65 (Central Avenue) and from 50 Avenue NE onto northbound TH 65 (Central Avenue). Attachment: Resolution 2011 -038 COUNCIL ACTION: 51 RESOLUTION 2011 -038 BEING A RESOLUTION REQUESTING Mn/DOT CONSIDERATION OF FUNDING THROUGH THE METRO MUNICIPAL AGREEMENT PROGRAM FOR THE CONSTRUCTION OF RIGHT TURN LANE FROM FROM 49 AVENUE EASTBOUND TO SOUTHBOUND TH 65 (CENTRAL AVENUE) AND FROM 50 AVENUE WESTBOUND ONTO NORTHBOUND TH 65 (CENTRAL AVENUE) WHEREAS, the City of Columbia Heights proposes to construct a right turn lanes from 49` Avenue NE onto southbound TH 65 (Central Avenue) and from 50"' Avenue NE onto northbound TH 65 (Central Avenue); and WHEREAS, the improvements will benefit both the City of Columbia Heights and the Minnesota Department of Transportation. WHEREAS, the City of Columbia Heights is committed to providing the local share of the costs if the project is selected as part of the Metro Municipal Agreement Program. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that the City shall be responsible for the preliminary engineering, project design, and permitting functions of said improvements; and BE IT FURTHER RESOLVED that the construction costs of the improvements be shared between the Minnesota Department of Transportation and the City of Columbia Heights; and BE IT FURTHER RESOLVED, that following approval by the Minnesota Department of Transportation of plans and specifications for said improvements, and before the contract letting for the construction of said improvements, the Minnesota Department of Transportation shall prepare an agreement to provide for the State to pay its share of the costs of the improvements in accordance with the latest "Procedures for Cooperative Projects with Municipalities ". Passed this 13`" day of June 2011 CITY OF COLUMBIA HEIGHTS Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 52 CITY COUNCIL LETTER Meeting of: June 13, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY PUBLIC WORKS MANAGER ITEM: RESOLUTION NO. 2011 -043 RESTRICTING BY: Kevin Hansen BY: PARKING ON 50 AVENUE ADJACENT TO 4955 DATE: 6/7/2011 DA E:'` AND 5001 CENTRAL AVENUE Background: Traffic on 50 Avenue was discussed at the Planning and Zoning Conunission meeting and at the City Council meeting as part of the ALDI site plan review. The issues are safety and congestion at the 50` Avenue and Central Avenue intersection. At the May Traffic Commission meeting, the Commission called for a Public Hearing to designate "No Parking" on 50 Avenue adjacent to 4995 and 5001 Central Avenue NE. Businesses with access from 50 Avenue and property owners /residents on Tyler Street from 49 to 50` Avenues received notices about the hearing. The hearing was held on June 6, 2011. Commission members and residents in attendance were in agreement with the "No Parking" designation. The Traffic Commission recommends to the City Council to designate "No Parking" on 50 Avenue from Central Avenue along the east property lines of Jimmy John's and ALDI's. Motion passed unanimously. Recommended Motion: Move to waive the reading of Resolution 2011 -043, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2011 -043, being a resolution restricting parking on 50 Avenue NE adjacent to 4955 and 5001 Central Avenue NE, based on the recommendation of the Traffic Commission. KH:sms Attachment: Resolution 2011 -043 COUNCIL ACTION: 53 RESOLUTION NO. 2011-043 BEING A RESOLUTION RELATING TO PARKING RESTRICTIONS ON 50 hi AVENUE NE ADJACENT TO 4955 AND 5001 CENTRAL AVENUE NE IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA. WHEREAS, THIS RESOLUTION was passed this 13 day of June, 2011, by the City of Columbia Heights in Anoka County, Minnesota. The Municipal Corporation shall hereinafter be called the "City" WITNESSETH: WHEREAS, the existing street, 50 Avenue NE, does not provide adequate width for effective traffic flow with parking on the street near TH 65 (Central Avenue); and WHEREAS, future "City" plans may include the improvement of 50 Avenue at TH 65 with the addition of a right turn lane. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: That the "City" shall ban the parking of motor vehicles along 50 Avenue NE adjacent to 4955 and 5001 Central Avenue at all times. Passed this 13 day of June, 2011. City of Columbia Heights, Minnesota Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 54 CITY COUNCIL LETTER Meeting of: June 13, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: Hart Boulevard Trail: Authorization BY: Kevin Hansen BY: (y'j'G to Seek Bids. DATE: 6/07/11 DATE: Background: As part of the Hart Lake Development approved in 2007, which became the City liquor store and the Lighthouse Assisted Living facility, the development contract included a provision for a paved bituminous trail on the west side of Hart Boulevard, to the extents of the proposed plat. The contract included up to $25,000 to cover this improvement. Analysis /Conclusions Through the development process, the work proceeded, stalled, and proceeded under a different development group. While the requirements of the original development contract have been fulfilled, the trail has not yet been constructed. In 2010 the City prepared plans (attached) that included the trail to 39 Avenue, introduced a small median on the south side of 39 Avenue, and removed some of the trees along the Hart Lake slope to create a view shed. Staff also applied for grant funding through the DNR trails program to help fund the work. Bids were received and ranged from $70,000 to $89,000. The application for funding was not selected by the MN Department of Natural Resources as the DNR received 31 applications for trail projects totaling $3.1 million, with only $655,000 to allocate. A trail of this type does not rank high within the criteria that the DNR has established (Park Criteria for Regional or Statewide Significance). Trail applications are ranked on the following DNR criteria: Priority for trail project funding will be given to projects that provide connectivity, enhanced opportunities for commuters, and enhanced safety. Significant considerations also include trail length, expected use, and resource quality and attractiveness. The trail and median improvements are eligible for State -Aid funding. The developer has repeatedly called inquiring as to the status of the trail improvement or to release the development from its obligation from 2007. As the project was already designed in 2010 (plan attached), to proceed would require MnDOT approval (for funding) and authorization to seek bids. Bids would then be brought back to the Council for consideration. Recommended Motion: Move to authorize staff to seek bids for the Hart Boulevard Trail Project, from 37 Avenue to 39 Avenue, COUNCIL ACTION: 55 gip\ . 4 ,qr — --. __ __ E \ �Ad @ ''e '�� �`- ov a � s e z LLE k ' �g ) �y q a V v vv �\ ' 0, p \ a c z 7 E . n 1 w21 3 X44' , m V ' \ ke / Leh !, 6F � \ A { < e v J \v� i ' oa m b ' / 5 a G C L - 2,2v _ A� I V ��k 1,,.. S �� > . � v i \Vm i i erg §° `� >A A \V 5A V \ A a 1 e' : r � a 7R H � \ 1 \\ 1$ \T4 / 4 g u = , i t i s s __ � � A� \ .v 6 . -" ._ a ag W E ( y \,,t ( A L \ ALL? 4 m / A A 3 _ _ _ s . S Q �e P 0 to d �. V � A , O\ 0 V I t g " 1 U 6 \ \';k f Y b : , P 9� 1 @ i VC. e a 3 O V 5,' 4 wyy A F t / t� A g E 7 i s� Va 7 \ c • - F % i �� ' V� V A A r' g a -- � 1 v ' A V ` 1 1 � IN , / A A V 1 � \ \ 1 , 1 II�� _ .. 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Hs „�� a s E = E E= Eg $ \ Eg a a a ;i 2 CITY COUNCIL LETTER Meeting of June 13, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: June 6, 2011 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for June 13, 2011 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 58 am z aa,` Print Rental Licenses to HF FIRE DEPARTMENT approve by CC 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763-706-8156 - Fax: 763 -706 -8151 10018 5140 7TH ST NE LeMon, Brian F11026 100 10551 Major Ave $ 150.00 Brooklyn Park, MN 55443 10023 4932 4TH ST NE Miller, David F11048 00 3155 Pierce Street $ 150.00 Minneapolis, MN 55418 10045 4253 MCLEOD ST NE LMP Services F10885 1040 2751 Hennipen Ave. S. # 251 $ 150.00 Minneapolis, MN 55408 10068 567 37TH AVE NE Hackett, Daniel F10970 100 7456 Groveland Road $ 150.00 Mounds View, MN 55112 10078 4533 MADISON ST NE Moroz, Veronica F11053 00 15197 64th Ave. N $ 150.00 Maple Grove, MN 55311 10110 4643 7TH ST NE Abdullahi, Ahmed F11114 100 4637 7th ST NE $ 150.00 Columbia Heights, MN 55421 10134 1019 37TH AVE NE Thorn, Erika F10953 00 702 46 -1/2 Avenue $ 150.00 Hilltop, MN 55421 10180 4149 7TH ST NE All Area Management F10875 1041 3328 E. Lake Street $ 150.00 Minneapolis, MN 55406 10185 4546 5TH ST NE Huss, Michael F10946 100 4546 NE 5TH ST $ 150.00 Columbia Heights, MN 55421 10202 3926 POLK ST NE Haupt, Jaclynn F11011 100 2603 Highway 73 $ 150.00 Cromwell, MN 55726 10225 4905 5TH ST NE Cel Monton, LLC F11003A 050 1845 Stinson PKWY #102 $ 150.00 Minneapolis, MN 55418 06/06/2011 10:30 Page 1 59 am M Print Rental Licenses to /rat% FIRE DEPARTMENT approve by CC imp *ton 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763-706-8156 - Fax: 763 -706 -8151 10263 4243 MAIN ST NE Cooper, Kevin F10836 00 5897 Washington Street $ 150.00 Fridley, MN 55432 10285 4607 JEFFERSON ST NE Cheedy, Abator F11004 100 5725 75th Lane N $ 150.00 Brooklyn Park, MN 55443 10291 -RY347 ORENDORF WAY NE Yusuf, Hussein F11047 101 912 E. 24th Street Apt. #A114 $ 150.00 Minneapolis, MN 55404 12019 5055 JACKSON ST NE McNutt, Mary Jo F11112 100 5057 Jackson Street NE $ 150.00 Columbia Heights, MN 55421 12059 4207 2ND ST NE Bornholdt, Marietta F10979 100 4209 2nd Street $ 150.00 Columbia Heights, MN 55421 20064 4415 2 1/2 ST NE Henke, Kenneth F11025A 100 44292 -1/2 Street $ 150.00 Columbia Heights, MN 55421 20065 4657 WASHINGTON ST NE Miles, Scott F11016 00 630 4th Avenue NW $ 150.00 New Brighton, MN 55112 20066 4433 2 1/2 ST NE Henke, Kenneth F11025 100 4429 2-1/2 Street $ 150.00 Columbia Heights, MN 55421 20074 5109 WASHINGTON ST NE Majewski, John F10881 100 105 12th Av. N.W. $ 150.00 New Brighton, MN 55112 20081 3833 RESERVOIR BLVD NE Nevils Jr., Gilbert F10884 100 11407 Kerry St. NW $ 150.00 Coon Rapids, MN 55433 20085 3963 POLK ST NE Peterson, W. Tarey F10926 100 10553 E. Cliffrose Lane $ 150.00 Florence, AZ 85132 06/06/2011 10:30 Page 2 60 mu r om` Print Rental Licenses to FIRE DEPARTMENT approve by CC lien vI 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 -706 -8156 - Fax: 763 -706 -8151 20106 204 42ND AVE NE Diekow, Ryan F10928 100 9130 Inverness Lane NW $ 150.00 Ramsey, MN 55303 20108 3736 3RD ST NE Klick, Wade F10910 00 17003 Weaver lake Drive $ 150.00 Maple Grove, MN 55311 20113 3746 3RD ST NE Richter, John & Allison F11111 100 10407 Fernwood Ln N $ 150.00 Champlin, MN 55316 20119 4817 5TH ST NE Knoll, Amy F11107 100 4819 5th Street $ 150.00 Columbia Heights, MN 55421 20124 1005 50TH AVE NE Olson, Dean F10921 00 1775 15th Avenue N.W. $ 150.00 New Brighton, MN 55112 20183 5228 WASHINGTON ST NE Peterson, Darwin F10799 100 2323 145th Lane NE $ 150.00 Ham Lake, MN 55304 20186 1230 CIRCLE TERRACE BLVD NE Tohey, Joseph F10975 00 544 Summit Street N.E. $ 150.00 Columbia Heights, MN 55421 20222 4345 2ND ST NE Grace & Truth Chapel F10935 1051 200 44th Avenue $ 150.00 Columbia Heights, MN 55421 20234 1140 45TH AVE NE DMTE Enterprises F11030 1051 8200 Humboldt Ave. S. Ste. #217 $ 150.00 Bloomington, MN 55431 20246 1260 CIRCLE TERRACE BLVD NE Dziedzic, Stephen F11031 100 2346 Stinson Blvd $ 150.00 Minneapolis, MN 55418 20260 4949 JACKSON ST NE Roder, John F11010 100 1818 Bryant Ave N #3 $ 150.00 Minneapolis, MN 55411 06/06/2011 10:30 Page 3 61 sm soul( Print Rental Licenses to k FIRE DEPARTMENT approve by CC ti 825 415t Avenue N.E. - Cokumtia Heights, MN 55421 - Ph: 763 -706- 8156 - Fax 763- 706 -8151 20277 4512 MONROE ST NE Wilcox, Cynthia F11056 100 PO Box 16641 $ 1.50.00 Minneapolis, MN 55416 20302 4943 JACKSON ST NE Brovold, Kenneth F10987 100 4055 133rd Lane NE $ 150.00 Ham Lake, MN 55304 20426 4154 2ND ST NE Reichow, Charles F10887 00 11671 Alder St NW $ 150.00 Coon Rapids, MN 55433 30010 3819 MAIN ST NE Gavilan, Vicente F11044 00 6625 88th Ave N. $ 160.00 Brooklyn Park, MN 55445 -1657 30044 950 39TH AVE NE Ashraf LLC F10781 1050 2947 Bent Tree Hill Drive $ 211.00 New Brighton, MN 55112 30100 3940 PETERS PL NE Ostlund, Robert F10898 100 6 Island Road $ 302.00 North Oaks, MN 55127 30111- NO1625 TYLER ST NE Schumacher, Brad F10906 00 28551 127th ST $ 160.00 Zimmerman, MN 55398 30120 4633 TYLER ST NE Cantlin Lake Properties LLC F10748 1050 28551 127th St NW $ 160.00 Zimmerman, MN 55398 30121 4634 TYLER ST NE Minhas, Anwaar U. 7 -Unit F10926A 050 8132 York Ave. S. $ 211.00 Bloomington, MN 55431 30122 4653 TYLER ST NE Rust, David F10966 100 5735 Quincy Street $ 160.00 Fridley, MN 55432 30130 4622 TYLER ST NE Azam, Haji F10886A 1053 P.O. Box 11 $ 211.00 Savage, MN 55378 06/06/2011 10:30 Page 4 62 ? El l Print Rental Licenses to sr, FINE DEPARTMENT approve by CC ti Division 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 -706- 8156 - Fax: 763 -706 -8151 30158 4616 TYLER ST NE Azam, Haji F10886 053 P.O. Box 11 $211.00 Savage, MN 55378 34002- NCs1655 5TH ST NE C.H. Properties F11060 1050 6260 Norwood Lane $ 150.00 Maple Grove, MN 55369 Total # of Licenses 46 06/06/2011 10:30 Page 5 63 CITY COUNCIL LETTER Meeting of June 13, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: Business License Agenda BY: Shelley Hanson DATE: NO: DATE: June 8, 2011 BY: o BACKGROUND /ANALYSIS Attached is the business license agenda for the June 13, 2011 Council meeting. This agenda consists of applications for Contractor licenses for 2011, Temporary Liquor License for Immaculate Fun Fest, and Peddler licenses. Please note, the Women of Today have requested a Peddler /Solicitor License for a Community Vendor /Arts /Crafts event to be held in conjunction with the Jamboree with the pei mission of the Lions Club. They have requested the fee be waived since they are a local non - profit organization. They will be holding this event in Huset Park near the bridge on Saturday, June 25` I have attached their written request to this agenda. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy foam 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 June 13, 2011 as presented. COUNCIL ACTION: 64 TO CITY COUNCIL June 13, 2011 *Signed Waiver Fonn Accompanied Application CONTRACTOR'S LICENSES -2011 BLDG NAC Mechanical Services 1001 Labore Indust Crt, Vad Hts $60 *Optimum Mechanical Sys 3030 Centerville Rd, Little Canada $60 *TJK Plumbing Inc 13570 Grove Dr #284, Maple Grove $60 *MN Waterproofing LLC. PO Box 115, Mora $60 MN Master Plumbing 24128 E Typo Dr, Stacy $60 *Albrecht Sign 7775 Main St, Fridley $60 Twin Cities Sign Installation 4475 214` Ave NW, Oak Grove $60 Signature Mechanical Inc 8260 Arthur St, Spring Lk Pk $60 *Priority Plumbing 14270 201 Ave NW, Elk River $60 All Weather Rooftop Sol. 3308 Pine St, Everett $60 *Otsego Heating 21 1 St NW, Osseo $60 Richfield Plumbing Co 8640 Harriet Ave S, Bloomington $60 *Steve's Quality Tree 1745 191' Ave, Oak Grove $60 Superior Mechanical 1244 60` Ave, Rochester $60 *Ray N Welter Htg 4637 Chicago Ave S, Mpls $60 Barnes Plumbing Co. 3923 Washington Ave N, Mpls $60 *Midland Htg & AC 413 W 60` St, Mpls $60 *Nor -Son Inc 7900 Hastings Rd, Baxter $60 DeZiel Htg 1612 3rd Ave NE, Buffalo $60 Legend Mechanical 8555 123` St, Savage $60 Citywide Plumbing LLC 2059 123 Ave, Coon Rapids $60 PEDDLER LICENSE Jerry Johnson and Erik Johnson for Matt Milner Sales $50 For Jamboree Parade Route Women of Today Vendor /Arts /Craft Fair Huset Park 6/25/11 Fees Waived TEMPORARY LIQUOR Immaculate Conception Church 4030 Jackson St $300 For Fun Fest July 29 -31, 2011 65 Lisa Wert Columbia Heights - NE Minneapolis Women of Today 2808 30 Avenue NE Saint Anthony MN 55418-1612- H 612-781-2540 C 612- 275 -3643 June 7,2011 Columbia Heights City Council. I as part of Columbia Heights - NE Minneapolis Women of Today and the President Stacy Tilden are chairing your Columbia Height Jamboree Cotmnunity Vendor / Arts / Crafts event. I would ask you waive the Peddlers / Solicitors Transient Merchant License fee since we are a Non Profit and local organization. We look forward to a wonderful event in commotion of Columbia Heights Jamboree. Thank your for your time. Lisa Wert 66 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: June 13, 2011 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 139136 through 139339 in the amount of $ 1,025,946.33 . 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Iii E1 -11-4 440C42w44 FOHF a w 0 0 H 4 to 00000 W W Hr: [0■ w a w 3 f.00H W 000)0+ a rL w a 4 0 w 0OC1H4 H 04 Fa,' 004 W wHH00000000 a 0 � 0 a ON W 0 00(0004004:00000 to0(O,-I cn0F400 4 v r: x W 2 U 4 W Cn a a 0 U0\ HHC NMNOHNHIIIOHHNMWOIH I N tf1 NOH d'Vl F 0 F U N O O O H H N C to O H H N M O O O O O f l O N O w O"1 W O f!; 0 4'O W W 1 H N N N N N N N d' d' d' d' d't0 t0l0t0 l0 W 10 N co co co co H W W 1 [0 H COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: June 13, 2011 AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Adopt Resolution 2011 -041 being BY: Jeff Sargent, City Planner BY: Resolution for the Approval of an animal DATE: .June 8, 2011 t �� shelter located at 5019 University Ave. BACKGROUND: Gentle Touch Animal Sanctuary is requesting a CUP per Code Section 9.110 (E)(3)(s), in order to locate an animal shelter at 5019 University Avenue NE. Gentle Touch Animal Sanctuary is a 501(C)(3) non - profit feline rescue and placement service, founded by Sandee Zander in 2001. Their present location at 4900 France Avenue N. in Brooklyn Park is in mortgage default by the building owner, and their current lease expires on July 31, 2011. They have approached the building owner at 5019 University Avenue, who has agreed to allow animals at that site. Gentle Touch Animal Sanctuary primarily houses cats and kittens, and will occasionally take in a litter of puppies if all other options are exhausted. The shelter will include 13 cages in the general room, housing up to 2 cats per cage. The kitten room will contain 5 cages with 1 litter per cage. The evaluation room will have 8 cages with 1 cat per cage. No sick cats will be housed on the premises. The total number of cats at the facility will vary throughout the year, depending on the intake of litters and adoptions. The Gentle Touch Animal Sanctuary partners with PetSmart and PetCo in order to help in the adoption process. The maximum number of animals allowed onsite depends on the size of the rooms containing the animals, and is determined by the State Board of Animal Health. The State Board of Animal Health inspects the premises at Least once per calendar year as an unannounced visit. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on June 7, 2011. The Planning Commission recommended approval of the Conditional Use Permit with a 5 -0 vote. RECOMMENDED MOTION: MOTION: Move to waive the reading of Resolution 2011 -041, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2011 -041, approving the Conditional Use Permit for the animal shelter located at 5019 University Avenue, subject to the conditions outlined in Resolution No. 201 1 -041. Attachments: Resolution 2011 -041; P +ZMemo; Location Map; Floor Plans COUNCIL ACTION: 76 RESOLUTION NO. 2011-041 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE GENTLE TOUCH ANIMAL SANCTUARY TO ALLOW AN ANIMAL SHELTER WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2011 -0602) has been submitted by Sandee Zander to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 5019 University Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(s), to allow for an animal shelter in the GB, General Business District at 5019 University Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 7, 2011; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use pei,uit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, Light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator, 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 77 Resolution No. 2011 -041 Page 2 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Outdoor kennels shall be prohibited. 2. All outdoor activity space shall be completely screened from abutting neighboring residential zoning districts or uses by a six -foot tall privacy fence that is at Least 80% opaque. 3. All indoor activity shall include soundproofing and odor control. 4. The tenant space must be ventilated in accordance with the International Mechanical Code. 5. The owner shall hold a current Minnesota Board of Animal Health license. Passed this 13 day of June, 2011 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 78 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2011 -0602 DATE: June 7, 2011 TO: Columbia Heights Planning Commission APPLICANT: Gentle Touch Animal Sanctuary / Sandee Zander LOCATION: 5019 University Avenue NE REQUEST: Conditional Use Permit for an Animal Shelter PREPARED BY: Jeff Sargent, City Planner INTRODUCTION On May 3, 2011, the Planning Commission recommended approval for an ordinance amendment that would require a Conditional Use Permit (CUP) for animal shelters located in the GB, General Business District. Previously, the City Code regulated these uses, however it did not dictate in which zoning district such uses may be located. Staff realized this omission from the City Code when Gentle Touch Animal Sanctuary called to inquire whether they could move their business into Columbia Heights. Since the zoning ordinance has been amended, Gentle Touch Animal Sanctuary is now requesting a CUP per Code Section 9.110 (E)(3)(s), in order to locate an animal shelter at 5019 University Avenue NE. Gentle Touch Animal Sanctuary is a 501(C)(3) non- profit feline rescue and placement service, founded by Sandee Zander in 2001. Their present location at 4900 France Avenue N. in Brooklyn Park is in mortgage default by the building owner, and their current lease expires on July 31, 2011. They have approached the building owner at 5019 University Avenue, who has agreed to allow animals at that site. Gentle Touch Animal Sanctuary primarily houses cats and kittens, and will occasionally take in a litter of puppies if all other options are exhausted. The shelter will include 13 cages in the general room, housing up to 2 cats per cage. The kitten room will contain 5 cages with 1 litter per cage. The evaluation room will have 8 cages with 1 cat per cage. No sick cats will be housed on the premises. The total number of cats at the facility will vary throughout the year, depending on the intake of litters and adoptions. The Gentle Touch Animal Sanctuary partners with PetSmart and PetCo in order to help in the adoption process. Again, no sick cats will be City of Columbia Heights Planning Commission June 7, 2011 Gentle Touch Animal Sanctuary - Animal Shelter Case # 2011 - 0602 housed on the premises. The maximum number of animals allowed onsite depends on the size of the rooms containing the animals, and is determined by the State Board of Animal Health. The State Board of Animal Health inspects the premises at least once per calendar year as an unannounced visit. COMPREHENSIVE PLAN The Comprehensive Plan dedicates this area for Mixed Use Development. Mixed Uses include both residential and commercial. Since the proposed location for this business is in a preexisting commercial strip mall, the proposed use is consistent with the Comprehensive Plan. ZONING ORDINANCE The property is zoned GB, General Business, as are the properties to the north and south. The properties to the east are zoned for one and two family residential use. The property to the west lies in the City of Fridley. The City Code pertaining to animal shelters allows for an outdoor run /play area for the animals, but does not allow for the outdoor kenneling of animals. Ms. Zander indicated that the outdoor area devoted to the tenant space would not be sufficient to implement an outdoor run /play area, so they will not utilize this option. Also, all animals will be housed indoors. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Animal shelters are specifically listed as a Conditional Use in the GB, General Business District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan dedicates this area for Mixed Use Development. Mixed Uses include both residential and commercial. Since the proposed location for this business is in a preexisting commercial strip mall, the proposed use is consistent with the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. Page 2 80 City of Columbia Heights Planning Commission June 7, 2011 Gentle Touch Animal Sanctuary - Animal Shelter Case # 2011-0602 Animal shelters are required to have both soundproofing and odor control measures in place prior to the business opening. The applicant has been in contact with the Building Official to ensure that the tenant space meets the minimum requirements for soundproofing and odor control. Also, there will not be any outdoor housing of animals nor will there be an outdoor run / play area for the animals, so neighboring properties should not be affected. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of property in the immediate vicinity will not be impacted by the placement of an animal shelter at 5019 University Avenue NE. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. All activity will remain indoors with no change to the existing building located on the property. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The use will not generate any excess traffic than what would normally occur for businesses located in the GB, General Business District. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. The use is a listed Conditional Use for the district and will abide by the Specific Development Standards as listed as conditions for its approval. This should ensure that the proposed use will not cause a negative cumulative effect. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. Page 3 81 City of Columbia Heights Planning Commission June 7, 2011 Gentle Touch Animal Sanctuary - Animal Shelter Case # 2011 -0602 RECOMMENDATION Staff recommends approval of the proposed CUP for an animal shelter located at 5019 University Avenue NE. Motion: That the Planning Commission recommends that the City Council approve the Conditional Use Permit for a for an animal shelter located at 5019 University 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. Any activity conducted outdoors, including but not limited to play areas, outdoor runs, etc. shall be approved by the City Council through a Conditional Use Permit on a case -by -case basis. 2. Outdoor kennels shall be prohibited. 3. All outdoor activity space shall be completely screened from abutting neighboring residential zoning districts or uses by a six -foot tall privacy fence that is at least 80% opaque. 4. All indoor activity shall include soundproofing and odor control. ATTACHMENTS • Draft Resolution • Location Map • Site Plan • Applicant narrative Page 4 82 5 019 University Avenue 52ND AVE 515b 519 S1 519 5152 5157 5156 .: Sit 5150 1 5149 5148 5153 nun 111111111 5149 5146 5144 111117111 1111111 5146 � . 5141 5142 5147 5140 5141 5140 513E 5141 5132 � I 5131 5132 513 5135 5134 5126 5129 5128 lair II 5129 5128 1, 5121 5124 5123 5122 1 . 5115 5171 5122 SU 5118 5117 5116 • ~ • b1 TT 5116 Q 5111 5106 5111 II i 5111 5112 511.14 51119 3119 1111111111 510 9196 :11 5101 5100 510 1 5199 51113 'Y. 1111111111 S1 111 9109 51ST AVE C 1 5956 5056 5057 SuS6 6033 5052 F 5053 F Su54 F 51155 5060 ; CO 5057 soa6 0) 50 5052 U) 5051 SUSU CO 5051 5050 5045 5046 5045 504b 5947 ' 5042 51171 5042 5041 5042 51143 5038 5036 51331 5UJ6 5039 ' 5035 511.14 5933 5036 5035 '5u14 503.1 5032 II. 5030 5027 511 5029 5026 9925 5024 5027 5024 51127 ' 5021 5024 5023 Will SU23 5029 5015 11 9 5015 5016 51117 51116 51119 5014 ' 7010 51115 5014 5015 5009 5005 5011 51110 5009 5006 Z SU05 5004 = 5005 51111b Z 5005 II 5000 1- — 5000 1-- 1- 5001 50172 1 . H .... n 1 . 50TH AVE 4957 4952 4957 4956 49.59 4955 4960 1 ta 1 4951 4951 4949 4954 ' 1v4a Ma 4945 4945 Ma 4948 Ks 4935 4941. 4941 4941 4942 ' Iffila 4937 4935 Ma' 4936 4927 4 4931 4929 4930 laill 4925 ahaa 4925 M Ea 4924 1 4 4921 M4 4918 nia Ma 4917 4917 M ' 4911 Man 4911 4915 ma mia 4912 L 4906 1 : . 4909 r • I ; 1' 49 06 Location Map 83 _ Y — Rea{ Donis 1 ^3 ,; t` §li j P i s t :,' It iC 9 __ I H I H _ __ . � i i - Y u „Nt ti ti �, it s \t t jj tt 1 1 1 y.,.,. v l i i i iii i i i- _ R 1 P.�i 1,i1ti4a1 t441c d i 1 Y�w t4 ItS — _— — 3 Y c40� .n :� i — 1 _ I _ 1 1 , 41 i 4 1 k P ;> 1 4 U , A a ti 1 1 i � a, t 1 . G 1 "F .. „° _ I _ . , _ , € . + . . I � �. - ,._ —3 - "-- I - ._._— 1 , __ c . MY +m.mm n 0.M w Ae03 xwm�we:. rvwra. 3 cages 3 x , as h<,m t .x1n2 V 1 of ..y 2 i i., -. __ — 1't.,,, . 1 Y i a E L;J1 to N $ i V A 7 N I N ■ ii , t i — — . N Y I o ..,_...,.,. ., _ ..,. .. _ ..._ �” _ _ _ 9 C a O I 9 Y I — p'.: n J ti' U ---— SMOpUI M\ aJUe¢U3 i —.` anuan ps;amup 6'0S i„,,,,,1, d'a?se:me 3 - . _�_�_--- . | *womm ■ 2 i | tit »" ta^vu^'m , i '°"`^v/:!u,^iuu ■ 1 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: June 13, 2011 AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Adopt Resolution 2011 -042 being BY: Jeff Sargent, City Planner BY: // /f' Resolution for the Approval of LED sign DATE: June 8, 2011 L located at 2105 — 37 Avenue. BACKGROUND: The City of Columbia Heights just recently approved a Zoning Amendment that requires a Conditional Use Permit (CUP) for all new digital LED signs installed within the City. At this time Top Value Liquor is requesting a CUP per Code Section 9.106 (P)(13)(c) in order to comply with the City Code. Top Value Liquor is requesting the proposed LED sign to be attached to the existing freestanding monument sign for the store. The existing monument sign is 20 square feet. The LED portion of the sign will be 28 square feet. City Code now allows monument signs to be up to 50 square feet in area, with the LED portion not exceeding 60% of the total square footage. The proposed sign will be 48 square feet, with the LED portion occupying 58% of the sign. Top Value Liquor will also be required to meet all other regulations governing LED signs, which have been attached as conditions of approval. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on June 7, 2011. The Planning Commission recommended approval of the Conditional Use Permit with a 5 -0 vote. RECOMMENDED MOTION: MOTION: Move to waive the reading of Resolution 2011 -042, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2011 -042, approving the Conditional Use Permit for an LED sign located at 2105 — 37 Avenue NE, subject to the conditions outlined in Resolution No. 2011 -042. Attachments.: Resolution 2011 -042; P +Z Memo; Location Map; Sign Detail COUNCIL ACTION: 86 RESOLUTION NO. 2011-042 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR TOP VALUE LIQUOR WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2011 -0603) has been submitted by Top Value Liquor to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 2105 — 37 Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.106 (P)(13)(c), to allow a dynamic LED sign in the GB, General Business District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 7, 2011; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree 87 Resolution No. 2011 -42 Page 2 that this permit shall become null and void if the project has not been completed within one (I) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: I . The dynamic LED signs may occupy no more than sixty percent (60 %) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The dynamic LED sign may not change or move more often than once every ten (10) seconds, except one for which changes are necessary to correct hour- and - minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every ten (10) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) seconds. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must inunediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 7. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. Passed this 13 day of June 2011 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 88 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2011 -0603 DATE: June 7, 2011 TO: Columbia Heights Planning Commission APPLICANT: Top Value Liquor LOCATION: 2105 — 37 Avenue NE REQUEST: Conditional Use Permit for LED Sign PREPARED BY: Jeff Sargent, City Planner INTRODUCTION The City of Columbia Heights just recently approved a Zoning Amendment that requires a Conditional Use Permit (CUP) for all new digital LED signs installed within the City. At this time Top Value Liquor, a municipal liquor store, is requesting a CUP per Code Section 9.106 (P)(13)(c) in order to comply with the City Code. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for commercial development that includes goals for commercial and economic development. These goals include: strengthening the image of the community as a desirable place to live and work, providing opportunities and mechanisms for successful redevelopment of targeted areas, preserving and enhancing the existing commercial areas within the community, advocating high quality development and redevelopment within the community, and enhancing the economic viability of the community. The applicant's proposal for a digital LED sign is consistent with these goals, as the sign will be used in conjunction with a new commercial redevelopment. ZONING ORDINANCE The property located at 2105 — 37 Avenue NE is zoned GB, General Business, as are the properties to east. The properties to the north are zoned R -3, Multiple Residential, the property to the west is zoned for Park and Open Space, and the properties to the south are located in the City of Minneapolis. Digital LED signs are permitted as a Conditional Use in the GB, General Business District. Top Value Liquor is requesting the proposed LED sign to be attached to the existing uy City of Columbia Heights Planning Commission June 7, 2011 Top Value Liquor - LED Signage Case # 2011 -0603 freestanding monument sign for the store. The existing monument sign is 20 square feet. The LED portion of the sign will be 28 square feet. City Code now allows monument signs to be up to 50 square feet in area, with the LED portion not exceeding 60% of the total square footage. The proposed sign will be 48 square feet, with the LED portion occupying 58% of the sign. Top Value Liquor will also be required to meet all other regulations governing LED signs, which have been attached as conditions of approval. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Digital LED signs are specifically listed as a Conditional Use in the GB, General Business District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for commercial development that includes goals for commercial and economic development. These goals include: strengthening the image of the community as a desirable place to live and work, providing opportunities and mechanisms for successful redevelopment of targeted areas, preserving and enhancing the existing commercial areas within the community, advocating high quality development and redevelopment within the community, and enhancing the economic viability of the community. The applicant's proposal for a digital LED sign is consistent with these goals, as the sign will be used in conjunction with a new commercial redevelopment. (c) The use will not impose hazards or disturbing influences on neighboring properties. The applicant will have to abide by specific development standards as they relate to LED signs. These standards were adopted to help ensure a limiting disturbing influence on neighboring properties. Given the location of the proposed sign and its orientation to Central Avenue, staff feels that the use will not impose hazards on the neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. Page 2 90 City of Columbia Heights Planning Commission June 7, 2011 Top Value Liquor - LED Signage Case # 2011 -0603 The use of property in the immediate vicinity will not be diminished by the placement of a digital LED sign at 2105 — 37 Avenue. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The applicant will have to abide by specific development standards as they relate to LED signs. These standards will help ensure compatibility with the appearance of the existing surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The use of a digital LED sign at this location will not affect traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. By subjecting the use of a digital LED sign to specific development standards, it is intended that the use will not cause a negative cumulative effect. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. RECOMMENDATION Staff recommends approval of the proposed CUP for a digital LED sign for the Top Value Liquor Store located at 2105 — 37 Avenue NE. Motion: That the Planning Commission recommends that the City Council approve the Conditional Use Permit for a for a digital LED sign for the Top Value Liquor Store located at 2105 — 37 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: Page 3 91 City of Columbia Heights Planning Commission June 7, 2011 Top Value Liquor - LED Signage Case # 2011 -0603 1. The dynamic LED signs may occupy no more than sixty percent (60 %) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The dynamic LED sign may not change or move more often than once every ten (10) seconds, except one for which changes are necessary to correct hour -and- minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every ten (10) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) seconds. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 7. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. ATTACHMENTS • Draft Resolution • Location Map • Elevations Page 4 92 2105 - 37th Avenue NE i< tiallIllIllMIIIIIIIIIIII 40TH AVE °o q 3991 3983 3972 CC 4' 4 . N p m m i ^ 3966 3985 m a m a o 3077 ( 4 n iv N i- 1 3979 - r 3971 i. 1 3973 `' .. 3955 3950 ` n s ry Xi i4 S n n In 1 . 3954 39 30 f~75 till 3087 3953 3048 39 1/2 A VF 1 3955 3952 's 1 3948 3947 3942 1 3947 3940 3941 3038 ',� 3935 PRESTEMON PARK 3934 3930 I 3933 3928 3929 3922 , 3924 I ...........3927 3999 39 16 © 3990 3923 3998 _ 3 1 3917 I 3919 3990 D 3913 3912 W 1 _ m m ro 3906 3 905 3906 EK ' 39 49 f ry J 1 3941 .9,. w 1853 ¢ 3901 390 0 39TH AVE I 384 ]] ®]] ®g] Go }rr,sottooti.1‘, i .,440,10000,00, • ...6,..0.„,i,:s.ot,.„,„t,4‘,..„ ,knv„,,,,,nor„90:05,v,40.4...,,,a,„ 3839 III 3925 3813...... . ME c I 380 1 • 31307 W 3609 i ` t J y i ". ja' '� °. 3801 2247 0 (0 3703 `i 2105 II t W I O8llii �M1l,��v 4 , 111 ceaPly‘k■it0MAK 2 1725 2905 Location Map 93 CITY COUNCIL LETTER Meeting of: June 13, 2011 AGENDA SECTION: ORDINANCES AND ORIGINATING CITY RESOLUTIONS DEPARTMENT: MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: SECOND READING OF ORDINANCE BY: CHARTER BY: Alpgit NO.1600, AN ORDINANCE PERTAINING TO COMMISSION DATE, CHAPTER 8, DATE: 6 -13 -11 SECTIONS 75 through 86, LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS NO: The Charter Commission has been reviewing various sections of the charter for some time now. In discussions with the City Attorney, the Charter Commission members have held two readings on above mentioned chapter and sections, The City Attorney is recommending that Sections 75 through 86 be deleted and replaced with one new sentence in Section 75 to be in compliance with State Statutes. The first reading by the City Council was held on May 9, 2011, on this ordinance. On May 23, 2011, a second reading was held, and there were only four out of the five councilmembers in attendance. The vote was 4 ayes - 0 nays. As state statute requires an affirmative vote of each council member to pass, the City Attorney determined the vote did not satisfy the statute and recommended it be resubmitted at the next Council meeting on June 13, 2011, when all councilmembers are expected to be in attendance. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1600, being an ordinance amending Chapter 8, Sections 75 through 86, of the Charter of the City of Columbia Heights. COUNCIL ACTION: 96 ORDINANCE NO. 1600 BEING AN ORDINANCE AMENDING CHAPTER 8, SECTIONS 75 THROUGH 86 OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTIANING TO LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS The City of Columbia Heights does ordain: Section 1:Chapter 8, Sections 75 through 86 of the Charter of the City of Columbia Heights which currently reads as follows to wit: LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. The city of Columbia Heights shall have the power to lay and construct, extend, relay and repair, and maintain, directly by day labor, or by contract, pavements, curb and gutters, sidewalks, sewers, water mains, electric conduits, and any and all other local improvements in or under the streets, alleys and public places in the city. Section 76. POWER TO LEVY SPECIAL ASSESSMENTS. The power of the city of Columbia Heights, under the conditions of this charter specified, to provide by any lawful method for the payment of the whole or any part of the cost of any local improvement by special assessments upon the property specially benefitted thereby, shall not be denied, and the city of Columbia heights shall possess this power as fully as any other city in the state. The amount assessed to be property specially benefitted, to pay for such local improvements, shall not, however, exceed the amount of the benefits received by such property. Section 77. LOCAL IMPROVEMENTS, HOW MADE. The council shall have the power to undertake local improvements by resolution passed by four -fifths of its members. The council shall make such local improvements upon petition of not less than fifty percent of the resident owners of the real estate to be assessed therefore as shown by the records in the office of the register of deeds of Anoka County. The council may thereupon assess the cost of such improvement, or any portion thereof, against the property specially benefitted by such improvement. When the council shall determine to make any improvements described in this chapter, it shall cause an estimate of the cost of such improvement to be made by the city manager. In no case shall the amount specially assessed for any one year exceed fifty percent of the last total full valuation of all the real estate within the benefitted area as shown on the assessor's books by the assessment last made. In computing the value of the real estate, all improvements are to be excluded. In computing the above mentioned fifty percent, outstanding and unpaid special assessments against the property in the benefitted area shall be considered part of such fifty percent. After such estimate is made, the council may proceed at once to 97 assess the estimated cost thereof, against the property to be benefitted thereby, in proportion to the benefits to result thereto. The above fifty percent shall not be construed as limiting the council in spreading assessments on the individual properties. In making such assessment roll, the council shall describe each parcel of land assessed and state the amount assessed against the same, and shall state the name of the owner thereof as far as known to the council, but any mistakes in or omission of such owners name shall in no way affect such assessment. If the work is completed before any assessment is made or if the amount assessed shall be insufficient to complete the work, the council, after the completion of such work, shall make a final assessment to pay the same. To defray the expenses of such improvement, the city may, acting through its council, by ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such ordinance may be passed as an emergency ordinance. Such certificates of indebtedness shall be payable in annual installments as nearly equal in amount as conveniently may be, over a period not exceeding ten years from their date, shall bear interest at a rate not to exceed six percent per annum, payable annually or semi - annually, which interest may be evidenced by appropriate interest coupons and shall be in such form and denominations, all as the council shall by ordinance determine and shall be signed by the mayor and city manager and countersigned by the city Treasurer. Such certificates of indebtedness may be used in making payment on contracts for the improvements for which the assessments are made or may be sold for cash for not less than par value thereof, and the proceeds credited to the Permanent Improvement Fund and used for paying for said improvements. Monies received from said assessments shall be used to pay said certificates of indebtedness and if the monies received from such assessments are insufficient to meet the payment of the principal and interest of said certificates of indebtedness, the council shall provide monies for the payment of the same. The amount of such certificates of indebtedness at any time outstanding shall not be included in determining the city's net indebtedness under the provisions of this chapter. (Ordinance No. 1551, passed August 25, 2008) Section 78. APPEAL FROM ASSESSMENT. Any party interested in any property assessed under this chapter may appeal from such assessment to the district court of Anoka County, within thirty days after the publication of the notice of confirmation thereof by the council. Such appeal is hereby declared to be the exclusive way in which such assessment can be revised, modified, amended or annulled. Section 79. NOTICE OF APPEAL. Said appeal shall be made by filing a written notice with the city clerk, stating the party appeals to the district court from the assessment, and containing a description of the property of the appellant so assessed, and the objection of the appellant to the assessment, and by filing with the clerk of the district court within ten days thereafter, a copy of the notice of appeal. In case of an appeal, the council shall cause a copy of the assessment roll to be made and filed with the clerk of the district court within ten days from the time of the service of the notice of appeal. In case the return so made to the district court shall in any respect be defective, or insufficient, the court may require a further return to be made. The 98 cause shall be entered by the clerk of the district court in the name of the person taking the appeal against the city as an "Appeal from Assessments," and it may be brought on for hearing by either party, the same as other cases of the district court. Section 80. TRIAL OF ASSESSMENT APPEAL. Such appeal shall be tried by the district court without a jury, at a general or special term, without pleadings other than as above stated. Upon such trial, the appellant can make no other objections to the assessment than those stated in the notice of appeal, but the court may, in its discretion, permit such notice to be amended in this respect at any time. The court shall hear such competent evidence as may be offered by either party, and may revise, correct, amend, reduce, or confirm the assessment appeal from, or make such new assessment so as to avoid errors complained of. The assessment roll shall, when confirmed by the council, in all cases, whether on an appeal, or otherwise, and in all courts, be prima facie evidence of the validity of all proceedings up to, and including the confirmation of the assessment. Disbursements, but no statutory costs, may, in the discretion of the district court, be allowed upon an appeal from assessments as in other civil cases, but the judgment entered therefore against the city shall be a separate judgment and paid out of the general fund of the city. From the determination of such appeal by the district court, either party may appeal to the supreme court of the state. (Ordinance No. 1086, passed June 11, 1984) Section 81. RE- ASSESSMENTS. If an assessment shall be set aside by the district court for any cause, jurisdictional or otherwise, the council shall proceed in like manner as herein required in relation to the first assessment; provided, however, that if the assessment as to any parcel of land shall not be appealed from, or shall not have been set aside by the court, the council, in any subsequent assessment or re- assessment, may omit the pieces or parcels of land as to which the first assessment shall have been paid. As often as an assessment, or re- assessment, against a piece or parcel of real estate, assessed for any local improvement, is set aside, the same shall be re- assessed until said property shall have paid its proper proportionate share of the benefits accruing from said improvement. Section 82. PLAN OF ASSESSMENTS. Whenever the council shall determine to make any local improvements, the cost of which may lawfully be assessed against the benefitted property, it shall determine and designate in a general way the character and extent of such improvement and the materials to be used, and thereupon it shall order a careful estimate to be made by the city manager of the cost of such improvements, together with a list of the several lots and parcels of land fronting upon and adjacent to such proposed improvement which the city manager deems benefited thereby, and the names of the owners of the several parcels, as nearly as can be ascertained. After receiving such estimates the council shall determine what property will be benefited by such local improvement, and shall thereupon publish in the manner provided by this charter a list of all such property, with the names of the owners so far as the same can be ascertained, or in lieu of such list, a designation of the benefited district by giving the boundaries thereof, together with a notice of the time and place when and where all persons interested may appear and be heard by the council with respect to benefits and to the proportion of the cost of the improvement to be assessed against their property. If the council determines to proceed with such improvement, it shall 99 estimate and fix the cost thereof and shall and assess and levy such proportion or amount of such cost upon benefited property in its proportion as it may deem the same benefitted; and for such purpose shall adopt an assessment roll in such form as it may determine, and fix the time when payments may be made. The lien of such assessment shall attach to all property assessed as of date of adoption of the assessment roll by the council. (Ordinance No. 1086, passed June 11, 1984) Section 83. PAYMENT OF ASSESSMENTS. The council may provide for payment in a lump sum or in annual installments for a period of not over thirty years, and it shall provide for extending payments over a period of years if so requested in the property owners' petition. All interest charges and miscellaneous costs shall, if not previously paid, be included in the tax bill for the last installment of such assessment. The council shall provide by ordinance a uniform rule as to the number of years over which payments for various local improvements shall be extended. (Ordinance No. 1392, passed June 14, 1999) Section 84. PENALTY FOR DELINQUENCY. Each assessment or installment not paid within the time fixed for payment by the council shall be deemed delinquent and a ten percent penalty shall be added. Section 85. CERTIFIED TO AUDITOR. In each year the council shall cause to be made a certified statement of the several pieces of land against which assessments have been made and are delinquent, describing the land affected and giving the amount of the assessment with penalties added, which certified statement shall be filed with the county auditor of Anoka County, on or before the tenth of October each year. It shall be the duty of the county auditor to extend assessments with penalties, as shown by such certified statement, upon the tax rolls of the county for taxes of the particular year in which the assessment is filed, and the same, for each year ending October 15th, shall be carried into the tax becoming due and payable in January of the following year and shall be enforced and collected in the manner provided for the enforcement and collection of state and county taxes under and in accordance with the provisions of the general laws of the state, except that in court proceedings to enforce the collection of taxes, no defense as to the validity of any such assessments shall be permitted. Such assessments, if not paid, shall become delinquent and be subject to the same penalties and the same rate of interest as the taxes for state and county purposes under the general laws of the state. Section 86. COUNTY TREASURER COLLECTOR FOR CITY. All assessments with penalties and interest thereon paid to the county treasurer shall belong to the City of Columbia Heights, and shall be turned over to the city treasurer in the manner provided in this charter and by law. IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. The council shall have the power to undertake local improvements and assess the cost of such improvements or any portion thereof, against any property specially benefitted by such improvement. Any such improvements and any assessments thereunder, shall be in accordance with the general laws of the State of Minnesota. (Section 76 through Section 86 deleted.) 100 Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 101