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12/12/2011 Regular
CITY OF COLUMBIA HEIGHTS M vor Gary L. Peterson 590 40 Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Councilmembers Visit our website at: www.ci.columbia- heights.mn.us Robert A. Williams Bruce Nawrocki Tantntcra Diehm Donna Schmitt City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, December 12, 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. Founding Day - Becky Loader, Library Director 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve City Council meeting minutes p8 MOTION: Move to approve the minutes of the November 28, 2011 City Council meeting. B. Accept the 2012 City Council meeting /Work session calendar as proposed. p18 MOTION: Move to accept the 2012 City Council meeting /Work session calendar as proposed. C. Accept Board and Commission meeting minutes p25 MOTION: Move to accept the December 6, 2011 Planning Commission meeting minutes. MOTION: Move to accept the November 2, 2011 Library Board meeting minutes. p33 D. Approval of Premises Permit Application for Columbia Heights Athletic Boosters to conduct p35 charitable gambling activities at Jimmy's Pro Billiards, 4040 Central Avenue NE MOTION: Move to approve the Premises Pennit Application for the Columbia Heights Athletic Boosters to conduct legal gambling activities at Jimmy's Pro Billiards, 4040 Central Avenue NE, and to direct the City Manager to sign the Premises Permit Application verifying the City's approval. 4 City Council Agenda Monday, December 12, 2011 Page 2 of 4 E. Establish John P. Murzyn Hall rental rates for 2013 p44 MOTION: Move to adopt the 2013 John P. Murzyn Hall rental rates and policy changes as outlined by the Park and Recreation Commission at their meeting of October 28, 2011. F. Adopt Resolution 2011 -148, establishing various compensation rates for the Columbia Heights Fire Department Paid -on -Call division. p47 MOTION: Move to waive the reading of Resolution No. 2011 -148, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2011 -148, being a Resolution establishing various compensation rates for the Columbia Heights Fire Department Paid -on -Call division effective July 24, 2009. G. Adopt Resolution 2011 -136, being a Resolution establishing Senior Citizens or Retired & p49 Disabled Persons hardship special assessment deferral. MOTION: Move to waive the reading of Resolution No. 2011 -136, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2011 -136, being a resolution establishing a new maximum income of $31,400 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. H. Approve Demolition Contract for 4641 and 4647 Tyler p51 MOTION: Move to approve demolition contract with Drobnick's Construction Clean Up in the amount of $26,325 for the demolition of 4641 and 4647 Tyler Street NE using Fund 371. L Adopt Resolution 2011 -159, being a Resolution requesting Anoka County Levy funds for p52 GMHC MOTION: Move to waive the reading of Resolution 2011 -159 there being ample copies available for the public. MOTION: Move to adopt resolution 2011 -159, requesting funds in the amount of $20,000 from the Anoka County HRA Levy to match MHFA grant monies Greater Metropolitan Housing Corporation has for the rehabilitation of a property in the City of Columbia Heights. J. Adopt Resolution 2011 -158 being Resolution for the Approval of an 11 -foot corner side yard pp54 setback variance for parking for 3700 Central Avenue NE MOTION: Move to waive the reading of Resolution 2011 -158, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2011 -158, approving the 11 -foot corner side yard setback variance for parking for 3700 Central Avenue NE, subject to the conditions outlined in Resolution No. 2011 -158. K. Approval to Purchase One Colored LED Sign for City Hall p62 MOTION: Authorize the purchase of one color LED sign from J & L Signs in the amount of $35,100 to replace the letterboard sign located at 590 40th Avenue; with funds appropriated from Fund 411- 41940 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 5 City Council Agenda Monday, December 12, 2011 Page 3 of 4 L. Approve reissuance of rental license for 1400 -02 Circle Terrace Blvd. NE. as Property p63 Maintenance Code issues have been resolved. MOTION: Move to issue a rental- housing license to Robert Okoro to operate the rental property located at 1400 -02 Circle Terrace Blvd. N.E. in that the provisions of the Property Maintenance Code have been complied with. M. Approval of attached list of rental housing applications. 64 MOTION: Move to approve the items listed for rental housing license applications for December 12, 2011 in that they have met the requirements of the Property Maintenance Code. N. Approve the Business License Applications p 70 MOTION: Move to approve the items as listed on the business license agenda for November 28, 2011 as presented. O. Review payment of the bills p73 MOTION: that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 141384 through 141653 in the amount of $5,290,476.57. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolution 2011 -156 being Resolution for the Approval of a 3 -foot side and rear yard p 84 setback variance for a shed located at 5075 Johnson St. NE. MOTION: Move to waive the reading of Resolution 2011 -156, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2011 -156, approving the 3 -foot side and rear yard setback variance for a shed located at 5075 Johnson Street NE, subject to the conditions outlined in Resolution No. 2011 -156. MOTION: Move to waive the reading of Resolution 2011 -157, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 201 1 -157, denying the 3 -foot side and rear yard setback variance for a shed located at 5075 Johnson Street NE. B. Adopt Resolutions 2011 -150, 1308 -10 Circle Terrace Blvd. N.E., 2011 -151, 1313 -15 Circle p100 Terrace Blvd. N.E., 2011 -152, 679 -81 46th Avenue N.E., 2011 -153, 4124 5th Street N.E., and 2011 -154, 4628 -30 Polk Street, being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2011 -150, 151, 152, 153, and 154 being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2011 -150, 151, 152, 153, and 154 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. 6 City Council Agenda Monday, December 12, 2011 Page 4 of 4 C. Adopt Resolution 2011 -155, 3946 Central Avenue N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Heights. pill MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2011 -155 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2011 -155 being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. D. First Reading of Ordinance No. 1605, being an Ordinance for the modification to Wine and Strong Beer License for restaurants. p114 MOTION: Move to waive the reading of Ordinance No. 1605 there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance 1605 for Monday, January 9, 2012, at approximately 7:00 pm in the Council Chambers. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution 2011 -149, being a Resolution adopting a budget for the year 2012, setting the City Levy, and approving the HRA levy. p119 MOTION: Move to waive the reading of Resolution 2011 -149, there being ample copies available to the public. MOTION: Move to adopt Resolution 2011 -149, being a Resolution adopting a budget for the year 2012, setting the City Levy, and approving the HRA levy. B. Bid Considerations — none C. New Business and Reports - none 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. ADJOURNME T j Walter R. Fehst, City Manager WF /pvm 7 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING The following are the minutes for the regular meeting of the City Council held at 7:00 pm on Monday, November 28, 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 Williams, Council member, Nawrocki, Council member Diehm, Council member Schmitt PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Peterson removed resolutions 2011 -137, 138, 139, 140, 142, and 148 in that the properties have been brought into compliance. Nawrocki requested to talk about the budget, and to discuss items under presentations and reports. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Presentation - Marlaine Szurek: Library Foundation Fundraiser Szurek presented an update of the Library Foundation fundraising, indicating that resolutions were signed to request the formation of a task force to explore the construction of a joint Library /City Hall on land north of the Public Safety Building on 42n Avenue. Becky Loader, Library Director, has met with a local architect, on a voluntary basis, to discuss ideas and statistical information, which could result in a conceptual plan. The architect has agreed to do this without charge. The Foundation is looking for grant money. Most require matching funds. The Foundation has raised $70,000. Szurek listed fundraising events they hold throughout the year. There have been generous citizens and groups that have also donated to the fund. The next fundraiser will be December 4 at the Heights Theater with a showing of "Miracle on 34 Street ". B. Presentation - Renee Dougherty: At Home Service for homebound residents and Project Bookshelf Dougherty reminded everyone of the Library's service called At Home Service that delivers a basket of material to those that cannot come to the Library. She also spoke of Project Bookshelf, which collects books for children and teens for the holidays. Miscellaneous Nawrocki stated disappointed that the Library has sought the services of an architect. Even though they offer their services initially there is always a charge for the actual project. Competitive bids should be taken. Nawrocki presented a check for $15.94, of which $15.87 isfor the holiday lunch and $.07 is the remaining amount from the work session sandwich. Peterson indicated that amount was $.22. Nawrocki stated that at the last meeting the City Manager interrupted him. The Mayor has asked that members not be interrupted. CONSENT AGENDA 8 City Council Minutes Monday, November 28, 2011 Page 2 of 10 City Manager Walt Fehst took the Council members through the Consent Agenda items. Nawrocki removed items C and D for discussion. A. Approve City Council meeting minutes Motion to approve the minutes of the November 14, 2011 City Council meeting. B. Adopt Resolution 2011 -133, being a Resolution canceling the Monday, December 26, 2011 City of Columbia Heights regular City Council meeting. Motion to waive the reading of Resolution No. 2011 -133, there being ample copies available to the public. Motion to adopt Resolution 2011 -133, being a Resolution canceling the Monday, December 26, 2011 City of Columbia Heights regular City Council meeting. C. Adopt Resolution 2011 -134, approving a fourth amendment - Huset Park Development, BNC Bank - removed Fehst stated that BNC Bank has taken over the Huset Park Development. This extends the limits of the construction period for one year for the three categories. D. Adopt Resolution 2011 -135, being a Resolution to amend the 37th and Central contract - removed E. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for November 28, 2011 in that they have met the requirements of the Property Maintenance Code F. Approve Business License Applications Motion to approve the items as listed on the business license agenda for November 28, 2011 as presented. G. Review payment of the bills Motion that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 141274 through 141383 in the amount of $346,065.63. Motion by Diehm, second by Williams, to approve the Consent Agenda items, with the exception of items C and D. Upon vote: All ayes. Motion carried. C. Adopt Resolution 2011 -134, approving a fourth amendment - Huset Park Development, BNC Bank Motion by Diehm, second by Williams, to waive the reading of Resolution 2011 -134 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2011 -134, a resolution approving a fourth amendment to amended and restated contract for private redevelopment between the Columbia Heights Economic Development Authority, the City of Columbia Heights, and Huset Park Corporation. Nawrocki stated that there have been changes with the developer going into some type of bankruptcy and the builder, Ryland Homes, has pulled out of it also. Scott Clark, Community Development Director, stated that the developer did not go into bankruptcy, but that project is in foreclosure. BNC Bank has taken over the project. This item is an extension of the agreement including the condo site and the senior coop te. This extends the date by one year and was City Council Minutes Monday, November 28, 2011 Page 3 of 10 approved by the EDA. BNC Bank will meet with the EDA in early 2012 to discuss a new vision for these parcels. Upon vote: All ayes. Motion carried. D. Adopt Resolution 2011 -135, being a Resolution to amend the 37th and Central contract Motion by Diehm, second by Williams, to waive the reading of Resolution 2011 -135, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt resolution 2011 -135, being a resolution approving agreement for assignment and release of obligations, and amendment of amended and restated contract for private redevelopment by and between Columbia Heights Economic Development Authority Columbia Heights Minnesota and the City of Columbia Heights Minnesota and 37th and Central LLC. Clark stated this is an assignment of the original redevelopment agreement, approved by the EDA, between O'Reilly Auto Parks and Central LLC. This is a change from the 9,000 square foot shopping center to a 7,000 square foot O'Reilly store. O'Reilly will close in the next two weeks and will begin construction in March or April. This item would change the commencement date for another six months and all benefits and obligations will be assigned from O'Reilly's to LLC. Nawrocki stated that they wanted another $30,000, but the EDA said no. Clark agreed, no further assistance was granted to the developer. Upon vote: All ayes. Motion carried. 6. PUBLIC HEARINGS A. Adopt Resolutions 2011 -137, 4054 2nd Street N.E., 2011 -138, 4628 -30 Polk Street N.E., 2011- 139, 4625 Tyler Street N.E., 2011 -140, 4906 -08 Tyler Street N.E., 2011 -141, 1400 -02 Circle Terrace Blvd., 2011 -142, 4945 5th Street N.E., 2011 -143, 4346 6th Street N.E., and 2011 -144, 4800 5th Street N.E., being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Fire Chief Gary Gorman listed the rental license violations on the three remaining properties. Motion by Diehm, second Nawrocki, to close the public hearing and to waive the reading of Resolution Numbers 2011 -141, 143, and 144 being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second Nawrocki,: Move to adopt Resolution Numbers 2011 -141, 143 and 144 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. B. Adopt Resolutions 2011 -145, 5054 Monroe Street N.E., 2011 -146, 4055 Madison Street N.E., 2011 -147, 3849 Hayes Street N.E., and 2011 -148, 4054 2nd Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. Gorman listed nuisance and abatement violations on the three remaining properties. Motion by Williams, second by Schmitt, to close the public hearing and to waive the reading of Resolution Numbers 2011 -145, 146, and 147 there being ample copies available to the public. Upon vote: All ayes. Motion carried. 10 City Council Minutes Monday, November 28, 2011 Page 4 of 10 Motion by Williams, second by Schmitt, to adopt Resolution Numbers 2011 -145, 146, and 147 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION - none ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that the 2012 budget approval will be on the December 12, 2011 City Council meeting. Tax statements are now being received by property owners. We normally prepare a comparison of ten properties valued from $113,000 to $238,000. Because of the new formula in lieu of the market value homestead credit, the lower valued homes did not see increases. All but two of the properties sampled had tax decreases. The commercial properties have gone up; the tax of one of our largest commercial businesses in town increased four percent. The School District has not lowered their taxes yet. This formula has worked well for the city and most homes will receive a tax decrease for residential housing. Nawrocki stated that the value of his property went down. Fehst stated that the County did not distinguish between the estimated market value versus the taxable market value. They only gave the taxable market value. The taxable market value is not your assessed market value. Nawrocki questioned what the state general tax is. Fehst stated it is zero and is the amount charged against commercial property. Nawrocki requested information on the total valuation for the city. Fehst stated we can ask for that information. Nawrocki stated he thought the county was reducing their tax by seven percent. Fehst stated he took that with a grain of salt. Most cities have not been passing along the loss of homestead credit. We experienced an increase, but compared to what we levied we are down 3.1 percent. Nawrocki stated that the HRA levy is buried somewhere in the statement. Fehst stated that is $200,000 a year over five years. Nawrocki referred to a comment from the last meeting by Councilmember Schmitt that the budget be reduced by the $100,000 allocated for the electronic sign. Fehst stated that purchase would have come from the capital fund, not the operational fund. Nawrocki suggested we transfer funds saved from the capital fund to the operational fund to reduce the levy. He spoke of the State Auditor and special funds. Fehst stated that the Auditor talked of taking cities surplus funds. With the advice of Council, we set aside money in these funds. Nawrocki stated that we have 30 or 40 special funds. These should be looked at, along with more reductions to the budget, to reduce the proposed levy. Nawrocki stated that previously he asked the Manager for a list of expenditure reduction recommendations for next year. The idea is to get the levy decreased. He also referred to staff's comment regarding line items used for items other than what they were approved for. The council is responsible for what happens to public money. Nawrocki indicated that the monthly report for October would indicate 83 percent utilization of the budget, so why is the Council budget at 93 percent? Nawrocki spoke on his attendance at the new Ramsey NorthStar Light Rail station. Peterson stated it is right next to the new Veterans Administration center. Nawrocki stated they are adding on to their parking ramp. He will ask for new ridership costs at the upcoming meeting. Operating costs are $20 per ride, each direction. This comes from taxpayers dollars. Nawrocki requested the dates for the street project informational meetings. City Council Minutes Monday, November 28, 2011 Page 5 of 10 Report of the City Attorney — nothing to report. CITIZENS FORUM, Peterson reported on the November 18 Taste of Heights. It was well attended with eight restaurants participating. They have indicated their desire to participate again next year. There were also eight different entertainers. It was a wonderful evening. Nawrocki stated he hopes that next year it doesn't tie into the election cycle. Peterson questioned the relevance. The date for next year is November 17. To insinuate this is done for elections is ridiculous. Nawrocki stated at the meeting he spoke of previously, a person talked to him about signs. Peterson stated that will be discussed on a work session. Nawrocki stated that the person counted 26 signs on Central Avenue. Peterson indicated he was out of order. Peterson asked that at this time of year, people be aware of the volunteerism opportunities available to us, such as SACA, House of Charities, Salvation Army, and other places. Peterson stated: "Don't forget our service men and women. Keep them in your thoughts and prayers. It is even more poignant at this time of year when they are away from their families and homes. When you see them, shake their hand and thank them for their service. Don't take ourselves too seriously and do a purposeful act of kindness ". ADJOURNMENT Mayor Peterson adjourned the meeting at 7:49 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION NO. 2011 -133 BEING A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, DECEMBER 26, 2011 WHEREAS: The City of Columbia Heights offices are closed on Monday, December 26, 2011, and; WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday, Dec. 26, 2011; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. RESOLUTION NO. 2011 -134 RESOLUTION APPROVING A FOURTH AMENDMENT TO AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF COLUMBIA HEIGHTS, AND HUSET PARK DEVELOPMENT CORPORATION BE IT RESOLVED By the City Council ( "Council ") of the City of Columbia Heights, Minnesota ( "City ") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority ( "Authority ") has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ( "EDA Act "), and is currently administering the Downtown CBD Redevelopment Project ( "Redevelopment Project ") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ( "HRA Act "). 1.02. The Authority, the City and Huset Park Development Corporation (the "Redeveloper ") entered into a into an Amended and Restated Contract for Private Redevelopment dated as of August 1, 2007, as amended by a First Amendment thereto dated June 16, 2008 and a Second Amendment thereto dated as of February 9, 2009 and a Third Amendment Thereto dated as of September 28, 2009 (the "Contract "), setting forth the terms and conditions of redevelopment of certain property within the Redevelopment Project, generally located east of University Avenue and south and west of Huset Park . 12 City Council Minutes Monday, November 28, 201 1 Page 6 of 10 1.03. The parties have determined a need to modify the Contract in certain respects, and have caused to be prepared a Fourth Amendment to Amended and Restated Contract for Private Redevelopment (the "Amended Contract "). 1.04. The Council has reviewed the Amended Contract and finds that the execution thereof and performance of the City's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. 2.01. The Amended Contract as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City the Amended Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. RESOLUTION NO. 2011 -135 RESOLUTION APPROVING AGREEMENT FOR ASSIGNMENT AND RELEASE OF OBLIGATIONS, AND AMENDMENT OF AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY COLUMBIA HEIGHTS MINNESOTA AND THE CITY OF COLUMBIA HEIGHTS MINNESOTA AND 37th AND CENTRAL LLC BE IT RESOLVED By the City Council (the "Council ") of the City Columbia Heights MN, (the "City ") as follows: Section 1. Recitals. 1.01. The City, the Authority and 37th and Central LLC (the "Redeveloper ") entered into a Contract for Private Redevelopment dated June 24, 2008, as amended by a First Amendment thereto dated April 28, 2009, and as amended by the Second Amendment dated May 25, 2010 (collectively, the "Contract "). 1.02. The Redeveloper has concluded negotiations with O'Reilly Automotive Stores, Inc. a Missouri corporation ( "O'Reilly ") for the purchase by O'Reilly of all of the Redeveloper's interest in the Contract. 1.03. The Council has reviewed the "AGREEMENT FOR ASSIGNMENT AND RELEASE OF OBLIGATIONS, AND AMENDMENT OF AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY COLUMBIA HEIGHTS MINNESOTA AND THE CITY OF COLUMBIA HEIGHTS MINNESOTA AND 37th AND CENTRAL LLC" (the "Assignment ") providing for the assignment of the Contract to O'Reilly, the release of the Redeveloper from its remaining obligations under the Contract, and the amendment of the Contract as stated therein, and finds that the execution thereof and performance of the City's and Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. 2.01. The Assignment as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City the Assignment and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. RESOLUTION 2011 -141 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 Robert U. Okoro (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 1400 -02 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 October 12, 2011 of an public hearing to be held on November 28, 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 June 2, 2011 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 13 City Council Minutes Monday, November 28, 2011 Page 7 of 10 2. That on October 12, 2011 inspectors for the City of Columbia Heights performed a re- inspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on November 17, 2011 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. 1402 - Shall repair the bathroom sink that doesn't drain b. 1402 - Shall replace the missing cabinet door on the vanity in the bathroom c. Unit # 1402 — Upstairs SHALL IMMEDIATELY REPLACE/REPAIR THE MISSING/NON- WORKING SMOKE DETECTOR IN THIS UNIT d. Shall install an approved CO detector in unit # 1402 e. 1400 - Shall make this unit available for inspection. f. Shall repair /replace the screen(s) on the building g. 1400 - Shall repair the deadbolt lock on the side door h. 1400 - Shall secure railing on the side entrance 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F11106 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2011 -143 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 Sunday Olayinka (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4346 6 Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 4, 2011 of an public hearing to be held on November 28, 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 October 18, 2011 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on November 4, 2011 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to -wit: failure to schedule a rental property inspection and failure to submit a rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U43466TH is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2011 -144 14 City Council Minutes Monday, November 28, 2011 Page 8 of 10 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 Lawrence A. Ohsman (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4800 5 Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 17, 2011 of an public hearing to be held on November 28, 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 October 3, 2011 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 17, 2011 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to -wit: failure to schedule a rental property inspection and failure to submit a rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article HI 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 U48005TH is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2011 -145 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Zackery Johnson (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 5054 Monroe Street, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 11, 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 September 8, 2011 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 11, 2011 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 16, 2011 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove the dead tree (and all of the tree stump(s)) in the yard to within 2 -4 inches below ground level 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 5054 Monroe Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 15 City Council Minutes Monday, November 28, 2011 Page 9 of 10 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 5054 Monroe Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2011 -146 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by William E. Brown (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4055 Madison Street, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on November 3, 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 September 26, 2011 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on November 3, 2011 inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 21, 2011 inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove the dead tree (and all of the tree stump(s)) in the yard to within 2 -4 inches below ground level 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4055 Madison Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4055 Madison Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2011 -147 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Hakim Al- Salihi (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 3849 Hayes Street, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on November 9, 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 October 4, 2011 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 16 City Council Minutes Monday, November 28, 2011 Page 10 of 10 2. That on November 9, 2011 inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 15, 2011 inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall replace the retaining wall or provide acceptable grading per City Engineer and City Code 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3849 Hayes Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3849 Hayes Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. 17 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: December 12, 2011 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Establish 2012 meeting BY Walt Fehst BY ir dates DATE: December 1, 2011 DAT : NO: Background: In the past City Council Work Session dates have been established for the upcoming year. Discussion: Work session meetings are scheduled for the first Monday of the month. This year the Monday, January 2 (New Year's Day Holiday), and Monday, September 3 (Labor Day) work sessions will be changed to the following day (Tuesday) at Council's request. The regular City Council meetings for Monday, May 28 (Memorial Day) and Monday, November 12, (Veterans Day) will be moved to the following day (Tuesday) at Council's request. We will wait to hear from Anoka County on possible dates for the Board of Review. The last City Council meeting in December, (which in 2012 falls on December 24), has been cancelled for the last several years. A resolution will be submitted in November or December to do so again. These suggestions were applied to the calendar and are attached. Recommended Motion: Move to accept the 2012 Council meeting /Work Session calendar as proposed. COUNCIL ACTION: 18 DRAFT COPY PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING December 6, 2011 7:00 PM The meeting was called to order at 7:00 pm by Chair - Marlaine Szurek. Commission Members present- Thompson, Peterson and Szurek. Members absent- Fiorendino and Kinney Also present were Jeff Sargent (City Planner), and Shelley Hanson (Secretary). Motion by Thompson, seconded by Peterson, to approve the minutes from the meeting of October 3, 2011. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2011 -1201 APPLICANT: Jeanne Ramirez LOCATION: 5075 Johnson St NE REQUEST: Variance for Shed Setback Sargent told members that the applicant is requesting a 3 -foot side and rear yard setback variance for the placement of a playhouse / shed located at 5075 Johnson Street, per Code Section 9.106 (C)(1)(c). The City's Zoning Code requires that all new accessory structures be no closer than 3 feet from the side and rear property lines. The storage shed / playhouse has already been constructed and is located within the 3 -foot setback requirement on the side and rear property lines. For this reason, a 3 -foot setback variance is required. ZONING ORDINANCE The property at 5075 Johnson Street is zoned R -1, Single Family Residential, as are all the properties in the surrounding area. The Zoning Code states that all detached accessory structures must be located no closer than 3 feet from the side and rear property lines. The property at 5075 Johnson Street is a corner lot, intersecting with Lincoln Terrace. The house is situated towards the northeast comer of the property with the front of the house facing Johnson Street. The applicant has stated that this creates a very small rear yard, with little room for a storage shed. The applicant constructed the shed in the northeast comer of the property within the 3 -foot setback requirements of the north and east property lines. Staff noticed the two -story structure and informed the applicant that she would need a building permit and a variance if she wished to retain the shed's location. Upon inspection of the property records, it was discovered that the applicant has also placed the shed on a 5 -foot utility and drainage easement. Usually, the City does not allow for the construction of any type of buildings on an easement. However, as a condition of approval, the applicant will have to agree to remove the shed at her expense should the City ever need to gain access to the utilities in the easement. 25 Page 2 COMPREHENSIVE PLAN The Comprehensive Plan guides this area as residential. A variance to allow the shed to remain in its current location would be consistent with the intent of the Comprehensive Plan guiding of the area. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. As stated by the applicant, there is no other reasonable place on the property to place the storage shed than in its current location. By moving the structure into compliance with the ordinance, the structure would block sunlight into either the neighbor's house or the applicant's house. Due to the small backyard and City Codes prohibiting the shed to be located in the front yard, there is no other space on the lot to place the structure. Staff supports the practical difficulties as stated by the applicant. The proposed location of the structure is reasonable given the characteristics of the property and the location of the structures on adjacent properties. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The topography and orientation of the house on the corner lot are unique to the specific parcel of land involved. c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. The provisions of the Code would make it difficult for the applicant to use her property in a reasonable manner due to the unique circumstances of her property and the orientation of the house on the lot. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area as residential. A variance to allow the shed to remain in its current location would be consistent with the intent of the Comprehensive Plan guiding of the area. 26 Page 3 e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the variance would not be materially detrimental to the public. Staff recommends approval of the 3 -foot side and rear yard setback variances for the placement of a storage shed / playhouse because the practical difficulties surrounding the property justify the current placement of the shed. Questions from members: Szurek asked how tall the structure was. Sargent said it meets the requirements that it must be under 18 ft. He said Ramirez's measurements show the shed to be 15.5 ft high. Szurek then asked if Ramirez had come in, called, or checked the website would she have been given information on setbacks and easements. Sargent said Ramirez claimed she did call in and was told that a shed with a footprint less than 120 sf does not require a permit. She did not ask questions about it being two stories, and was unaware of the easement issue. After the Ramirez' constructed the shed the Building Official noticed it while in the neighborhood and was concerned over the size and location of the shed. Staff checked further and discovered it didn't meet the setbacks and was placed in a drainage and utility easement area. Ramirez was then notified that she would have to remove the structure and that is when she applied for this variance. Thompson commented that he would not be in favor of granting this variance because it is located on the utility easement. These situations usually come back years later to cause problems, especially as owners change and are unaware of the history of events. To make someone remove something years from now could be very difficult and costly for staff. He also stated that the neighbors' signatures supporting the present location of the shed doesn't mean much to him as they haven't been verified. He felt that granting this variance is not in the best interest of the City. Szurek stated her biggest concern was that the minimum 3 ft setback was not met and she agreed with Thompson about not allowing the construction of a building on the utility easement. Peterson had no questions or comments. Public Hearing Opened. Jeanne Ramirez wanted to address the easement issues. She said she was unaware of the utility easement until city staff informed her the shed had been constructed on the easement which isn't allowed. She didn't feel that should be an issue, however, since it was constructed on stilts so the drainage is not blocked. Ramirez stated she was told a permit wasn't needed if the shed would be 120 sf or less in dimension, that it must meet a 3 ft. setback, and that it couldn't be more than 18 ft. in height (or taller than the primary structure). She said her husband put the shed /playhouse too close to the property line, and she was not monitoring the construction. They were trying to locate it in the least conspicuous place possible so neighbors' views wouldn't be blocked. Public Hearing Closed. 27 Page 4 Szurek asked Sargent if the City Council would make the final decision on this matter. He told her that this would go to the City Council on Monday, December 12 She said that she couldn't support this variance request since it is the job of the Commission to uphold the codes and policies in place which were established for a reason. She also felt the Commission was being asked to support a variance "after the fact" since it clearly violates a couple of these codes. She told Ramirez that she will need to plead her case to the City Council as the Planning and Zoning Commission could not support her request. Motion by Peterson, seconded by Szurek, that the Planning Commission recommends the City Council approve the 3-foot side and rear yard setback variance for the placement of a playhouse / shed located at 5075 Johnson Street per Code Section 9.106 (C)(1)(c) of the City Code, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The applicant shall agree to remove the shed at the owner's expense in the event that the City would need to gain access to the 5-foot utility and drainage easement on which the shed is located. Roll Call: Peterson -aye and Thompson and Szurek -nay. MOTION FAILS. The matter will be addressed at the City Council meeting December 12, 2011. CASE NUMBER: 2011 -1202 APPLICANT: O'Reilly Auto Parts Store LOCATION: 3700 Central Avenue NE REQUEST: 11 -foot Corner Side Yard Setback Variance for Parking Sargent explained that the applicant is requesting an 11 -foot corner side yard setback variance for parking for the O'Reilly Auto Part Store located at 3700 Central Avenue, per Code Section 9.110 (C). The site plan for the construction of the new store indicates that three parking stalls will be located closer than the required 15 -foot setback from Central Avenue. For this reason, an 11 -foot setback variance is required. The construction of a new building also requires a Site Plan Approval by the Planning Commission. The applicant is not ready at this time to submit the proper information for a Site Plan review, but would still like the variance to be considered for approval. The applicant is in the process of gathering the proper information for the Site Plan and will be submitting that information at a later time. An approved Site Plan will be a condition of approval for the variance request. ZONING ORDINANCE The property at 3700 Central Avenue is zoned GB, General Business, as are the properties to the north and east. The properties to the west are zoned R -3, Multiple Family Residential, and the properties to the south are located in the City of Minneapolis. The property is also located within the Design Guidelines Downtown District, and will be subject to those requirements. For definition purposes in the Zoning Code, a corner lot has both a front yard and a corner side yard. The front yard is portion of the property along the public right -of -way with the least width. For this reason, the front yard is considered the frontage along 37t Avenue and the corner side yard is considered the frontage along Central Avenue. The City Code requires that all parking must maintain a minimum 15 -foot setback from the public right -of -way along a corner side yard. 28 Page 5 As stated previously, this property is also located within the Design Guidelines Downtown District. The Design Guidelines govern many facets of redevelopment, including building and parking placement on the property. For instance, the Design Guidelines require that the building be placed as close to the intersection of Central Avenue and 37 Avenue as possible. The Design Guidelines also require that at least 50% of the parking be located behind the front line of the building. The accompanying Site Plan indicates that the building will be placed in the correct location with 100% of the parking located behind the front line of the building. The applicant would like to accommodate as much parking in front of the store as possible, which places two of the proposed parking stalls within the 15 -foot setback requirement. PARKING. For retail establishments, the City Code requires 1 parking stall for every 300 square feet of retail space. The proposed building will be approximately 7,450 square feet in area, requiring a minimum of 23 parking stalls. The Site Plan indicates 30 on -site parking spaces, meeting the City's minimum requirements. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as commercial. A variance to allow extra on -site parking would be consistent with the intent of the Comprehensive Plan guiding of the area. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. The practical difficulties are caused by the orientation of the property in relation to Central Avenue and the fact that the property is a corner lot. City Code requires the building to be placed as close to the corner as possible, and the applicants are using the remainder of the property in a reasonable manner as a result of the building placement. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The conditions upon which the variance is based are unique to the corner lots along Central Avenue. Being that no other corner lot property along Central Avenue shares the same lot dimensions, this property is unique compared to other properties in the GB, General Business District. c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. The Design Guidelines mandate where the building must be placed on the property. The applicants are utilizing the remainder of the property in a reasonable manner based on the building location. 29 Page 6 d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area as commercial. A variance to allow extra on -site parking would be consistent with the intent of the Comprehensive Plan guiding of the area. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the variance would not be materially detrimental to the public. Staff recommends approval of the 11 -foot corner side yard setback for parking because the practical difficulties surrounding the property justify the proposed location of the parking stalls in question. Questions from members: Szurek asked if the Site Plan had been submitted yet. Sargent told her no, but the placement of the building would be the same as indicated on the preliminary site plan shown here and that it is the #1 condition of approval. She also asked for clarification of why the 37 Avenue side of the property is being called the front yard when it is clear that the back of the building will face this way. Sargent explained it is called the front yard side by definition since it is the smallest side of the lot, and that is standard language used throughout the city for most properties. Sargent explained to everyone in the audience that this is not the approval of the Site Plan. This is simply a preliminary approval that will help them finalize the actual Site Plan to be submitted. Neighbors will again be notified when the Site Plan is considered by the Commission. Thompson asked if only 23 parking spaces are needed and they plan on having 30, why do we need to accommodate this variance for parking setbacks. Sargent said he can't comment on their reasoning. He said they could be planning for future needs or change of use, which would make it more marketable and customer friendly. Pubic Hearing Opened: Fred Wadlie, a representative from O'Reilly's -told members this building is a new prototype for them. He said this is larger than most of their stores and they will have an expanded inventory that will supply other stores as needed. Because of this, they plan on having more employees at this location, and therefore, will need more parking spaces. Public Hearing Closed. Motion by Thompson, seconded by Peterson, that the Planning Commission recommends the City Council approve the 11 foot corner side yard setback variance for parking for the O'Reilly Auto Parts Store located at 3700 Central Avenue per Code Section 9.110 (C) of the City Code, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 30 Page 7 2. Approval of the variance request in contingent on the approval of the Site Plan for the O'Reilly Auto Parts Store located at 3700 Central Avenue. Roll Call: All ayes The attached Resolution will go to the City Council December 12, 2011. RESOLUTION NO. 2011 -XXX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR O'REILLY AUTO PARTS STORE WHEREAS, a proposal (Case # 2011 -1202) has been submitted by O'Reilly Auto Parts Store to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3700 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An 11 -foot corner side yard setback variance for parking per Code Section 9.110 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December 6, 2011; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. Approval of the variance request in contingent on the approval of the Site Plan for the O'Reilly Auto Parts Store located at 3700 Central Avenue. 31 Page 8 NEW BUSINESS Sargent told members that Aldi's is now open. The members thought it is a nice looking store. Sargent told members that staff is hoping to establish a sub committee to review and update the Design Guidelines, especially for repainting or re- facing existing buildings along our corridors. The present guidelines address the finish and colors of new buildings, or those having major remodeling done, but do not address painting and upkeep of existing structures. He said the present guidelines are 8 years old, so an update is probably in order. The members agreed. The meeting was adjourned at 7:45 pm. Respectfully submitted, Shelley Hanson Secretary 32 Approved ti r Cq �_. 12/07/11 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES November 2, 2011 The meeting was called to order by Chair Patricia Sowada, at 6:28 p.m. Members present were: Nancy Hoium, Steve Smith, Patricia Sowada, Barbara Tantanella, and Catherine Vesley. Also present: City Council Representative Tami Diehm, Becky Loader, and Stacey Hendren. The minutes of the October 5, 2011 Board meeting were approved as mailed. The bill list dated 10/19/11 of 2011 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The Board discussed the elevator upgrades and registration. The elevator is now ADA and state compliant. The bill list dated 10/26/11 of 2011 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The 2011 accounting dated 11/2/11 was reviewed. It was noted that line item 4390 is for the elevator registration certificate. Old Business: 1. The winner of the Destination College Saving Sweepstakes sponsored by the Minnesota College Savings Plan and Minnesota State Library Services for 2011 is a Columbia Heights Public Library patron. This patron received $1000 to be put towards college savings and the Library received $500. 2. Loader met with a representative from Stuart Cabinets concerning replacement of the Boardroom cabinets. A proposal with drawings, samples and prices will be prepared for Loader. There have been several instances of banging pipes. Loader and Barnes will be working with Master Mechanical to get the pumps installed correctly and Glycol added to the system to relieve this and other problems. The AC control panel needs to be fixed. The Board discussed the cost and funding of the project. 3. There is no precedence for a procedure to form a task force. Loader is working with Patty Muscovitz, City Clerk, to create an application and procedure. The Board reviewed the application and made changes. The Board reviewed a list of persons they would like to receive applications, and discussed promoting the application on the cable channel, website and in the paper. The Board hopes to have the task force together for a principal meeting in January 2012. 4. Loader completed interviews for the vacant Page position, and has made a conditional offer to one applicant. 5. The Council work session on November 7th will focus on capital projects. Loader has prepared photographs and documentation in support of the replacement lounge furniture and East Room carpet. The Board is encouraged to attend the December 12 City Council meeting in support of the 2012 proposed budget. 1 33 New Business: 1. MELSA has increased the fee for non - resident library cards. Hoium made a motion that the nonresident library card fee be increased from $45 to $60. The motion was seconded, and passed. 2. The Board reviewed the Unique Management Status Report for September. Smith noted that a major advantage of the program is the savings in staff time. 3. The September crossover statistics were reviewed by the Board. Loader highlighted the increased e -book use and notified the Board that the Library will be hosting a workshop on November 16 for Kindle users. 4. The Board reviewed the Maintenance of Effort levels of surrounding library systems. Items from the Floor: 1. The Board received two fund transfer requests from Adult Services Librarian, Renee Dougherty. Motion: To authorize the transfer of $1200.00 from 2020 Computer supplies to 2171 General Supplies to purchase security system markers. The motion was seconded and passed. Motion: To authorize the transfer of $1100.00 from 2025 ILS supplies to 2171 General Supplies to purchase book and audiovisual processing materials. The motion was seconded and passed. 2. The Board was notified of the Foundation Fundraiser on December 4` . 3. Hoium brought in the Hennepin County Library Friends brochure for the Board to review. 4. Loader notified the Board that the Library will continue the Winter Jackets adult reading program in January. This year MaiKao Xiong, Children's Librarian will host a children's reading program titled "Bookworms" in conjunction with Winter Jackets and Anoka County will host a hot beverage drive for local food shelves. There being no further business, the meeting was adjourned at 7:50 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 34 CITY COUNCIL LETTER Meeting of December 12, 2011 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE ? APPROVAL: ITEM: Approval of Premises Permit BY: Scott Nadeau BY: Cf 1 Z Application for Columbia Heights DATE: December 6, 2011 DATE: Athletic Boosters to conduct charitable gambling activities at Jimmy's Pro Billiards, 4040 Central Avenue NE NO: BACKGROUND The Columbia Heights Athletic Boosters Club has submitted a Premise Permit Application to hold legal gambling activities at Jimmy's Pro Billiards, 4040 Central Avenue NE. The Athletic Boosters will be placing a pull -tab dispensing machine at the site, and the permit also covers paddlewheel, tipboards and bar bingo. The Athletic Boosters have submitted a copy of the floor plan and lease agreement with Jimmy's. The Premises Permit Application and an investigation fee of $250 were also submitted. A background check has been conducted on their gambling manager and chairman, and there was no information found that would disqualify them from receiving approval for this permit. It should be noted that this is a new permit for this location. ANALYSIS /CONCLUSION Since the organization satisfies the City Council resolution regarding charitable gambling and the organization has paid the $250 investigation fee, the following action is recommended. RECOMMENDED MOTION MOTION: Move to approve the Premises Permit Application for the Columbia Heights Athletic Boosters to conduct legal gambling activities at Jimmy's Pro Billiards, 4040 Central Avenue NE, and to direct the City Manager to sign the Premises Permit Application verifying the City's approval. COUNCIL ACTION: 35 COLUMBIA HEIGHTS ATHLETIC BOOSTERS CLUB, INC. December 1, 2011 Mayor Gary Peterson Mr. Walt Fehst City of Columbia Heights 590 40 Avenue NE Columbia Heights, MN 55421 -3878 Re: New Premise Permit Dear Mr. Fehst and Mayor Peterson, On behalf of the Columbia Heights Athletic Boosters Club I request approval of the enclosed premise permit application for a new location; Jimmy's Pro Billiards located at 4040 Central Avenue NE, Columbia Heights, MN 55421. In compliance with state requirements, I've enclosed the following documents for City Council approval. We are looking for our permit to be effective January 1, 2012: • LG215 Lease Agreement for Lawful Gambling Activity • LG214 Premise Permit Application (signature needed) • Dispensing machine location diagram within site • Investigative fee of $250.00 • Board of Directors listing The signature of Walt Fehst and/or Mayor Peterson will be required once approval is obtained on the second page of LG214. If you require additional information please feel free to contact me at (763) 331 -5303. Your assistance with this matter is greatly appreciated. Cordially, .- ° Suzy Vescio CHABC Gambling Manager Enc. 530 MILL STREET * COLUMBIA HEIGHTS * MN * 55421 763 - 706 -3743 OFFICE 763- 706 -3743 FAX 36 Minnesota Lawful Gambling 3/11 Page 1 of 2 LG214 Premises Permit Application Annual Fee $150 FOR BOARD USE ONLY Check # Required Attachments to LG214 $ 1. If the premises is leased, attach a copy of your lease. Mail the application and required attachments to: Use LG215 Lease for Lawful Gambling Activity. Gambling Control Board 2. $150 annual premises permit fee, for each permit. 1711 West County Road B, Suite 300 South Make check payable to "State of Minnesota." Roseville, MN 55113 Questions? Call 651 - 639 -4000 and ask for Licensing. Organization information 1. Organizationname Columbia Hei Athletic Boosters Licensenumber 02072 2 . Chiefexecutiveofficer(CEO) J eri Cole D aytimephone 763- 670 -5815 3. Gambling manager Suzy Vescio Daytime phone 763- 706 -3743 Gambling Premises Information 4. Current name of site where gambling will be conducted Jimmy's Pro Billiards 5. List any previous names forthis location 6. Street address where premises is located 4040 Central Avenue NE (Do not use a P.O. box number or mailing address) 7. City 1 Township County Zip code Columbia Heights 0 Anoka 55421 • 8. Does your organization own the budding where the gambling will be conducted? es✓ No If no, attach LG215 Lease for Lawful Gambling Activity. Yes l No Raffle only. No lease is required if only a raffle will be conducted. 9. Is any other organization conducting gambling at this site? ®Yes No LDon't know 10. Has your organization previously conducted gambling at this site? EjYes I✓ ,No Gambling Bank Account Information (most be in Minnesota) 11. Bank name Bank account number Northeast Bank 5017843 12. Bank street address City State Zip code 3989 Central Avenue NE Columbia Heights MN 55421 All Temporary and Permanent Off-site Storage Spaces (for gambling equipment and records related to this site - must be‘storrd in Minnesota). 13. Address (Do not use a P.O. box number) City State Zip code City Garage 637 38th Ave NE Columbia Heights MN 55421 MN 37 LG214 Premises Permit Application 3/11 Page 2 of 2 Acknowledgment by Local Unit of Government: Approval by Resolution CITYAPPROVAL COUNTYAPPROVAL for a gambling premises for a gambling premises located within city limits located in a township City name County name Date approved by city Date approved by county Resolution number if any Resolution number if any Signature of city personnel Signature of county personnel Title Date / / Title Date / / Acknowledgment and Oath 1. 1 hereby consent that local law enforcement officers, 5, i am the chief executive officer of the organization. the Board or its agents, and the commissioners of 6. I assume full responsibility for the fair and lawful operation of revenue or public safety and their agents may enter all activities to be conducted. and inspect the premises. 7. I will familiarize myself with the laws of Minnesota governing 2. The Board and its agents, and the commissioners lawful gambling and rules of the Board and agree, if licensed, of revenue and public safety and their agents are to abide by those laws and rules, including amendments to authorized to inspect the bank records of the gambling them. account whenever necessary to fulfill requirements 8, Any changes in application information will be submitted to of current gambling rules and law. the Board no later than 10 days after the change has taken 3. I have read this application and all information effect. submitted to the Board is true, accurate, and 9. I understand that failure to provide required information or complete. providing false or misleading information may result in the 4. All required information has been fully disclosed. denial or revocation of the license. ciA,4 ek 1 Signatufe^6 Chief Executive Officer (designee may not sign) Date Print name . )ei r) ( -� n ffr"mn and si' n Data privacy notice: "I'he information requested Your organization's name and Private data about your organization are on this form (and any attachments) will be used address will he public available to: Board members, Board staff by the Gambling Control Board (Board) to information when received by whose work requires access to the information; determine your organization's qualifications to the Board. All other information Minnesota's Department of Public Safety; be involved in lawful gambling activities in provided will be private data Attorney General; Commissioners of Minnesota. Your organization has the right to about your organization until the Administration, Minnesota Management & refuse to supply the information; however, if Board issues the permit. When Budget, and Revenue; Legislative Auditor. your organization refuses to supply this the Board issues the permit, all national and international gambling regulatory information, the Board may not be able to information provided will agencies; anyone pursuant to court order; other determMe your organization's qualifications become public. If the Board individuals and agencies specifically authorized and, as a consequence, may refuse to issue a does not issue a permit, all by state or federal law to have access to the permit. If your organization supplies the information provided remains information; individuals and agencies for which information requested, the Board will be able to private, with the exception of law or legal order authorizes a new use or process your organization's application. your organization's name and sharing of information after this notice was address which will remain public. given; and anyone with your written consent. This form will be made available in alternative format (i.e. large print, Braille) upon request. 38 6 Minnesota Lawful Gambling LG215 Lease for Lawful Gambling Activity 3/11 Page 1 of 2 ~heck applicable item: Q 1. New lease. (Do not submit existing lease with amended changes). 1/1/2012 Date that the changes will be effective. Submit changes at least 10 days before the effective date of the change. j .2. New owner, Effective date , Submit new lease within 10,days after new lessor assumes ownership. Organization name Address License number I Daytime phone Columbia Heights Athletic Boosters 530 Mill Street NE Col. Hgts., MN 55421 02072 763 -706 -3743 Name of leased premises Street address City State Zip Daytime phone Jimmy's Pro Billiards 4040 Central Ave NE Col. Hgts. MN 55421 763 706 - 1904 Name of legal owner of premises Business/street address City State Zip Daytime phone James Watch Jr. & Jason Blanski 4040 Central Ave NE Col. Hgts. MN 55421 763- 706 -1904 Name of lessor (if same as legal Business /street address City State Zip Daytime phone owner, write in "SAME ") a Pull -tabs 1 1Pull -tabs with dispensing device Clipboards El Paddlewheel Paddlewheel with table Q.Bin L .Bar bingo v .,... ��� ,. f + G* ,a 3 'J' tl' ..�.m�v b , . fin r Booth operation - sales of gambling equipment by an employee Bar operation - sales of gambling equipment within a leased (or volunteer) of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where that is distinct from areas where food and beverages are sold. food and beverages are also sold. r -- "'-3 RT '4"'"' -*'#" -* z re:. �-'.+,e^e•' ' ^� T!.. - i* r.,;7 p + 1 p P."'R , 477 '��^ �+er.- ! — -'I '� a � l6 � t l ! ! 1 �F���I(i17�1� L ..�....,...... �.,..,.........:5 ,.er...+'...::vti.r:�..� ,c+.. ...r„+.:....w..r:..w`.:� :L wawJ :uv.- Y .:..�'*J"3:.aY...:r. ...,.... ..........,..........� ...,. .J If you answered yes to the question above, rent limits are If you answered no to the question above, rent limits are based on the following combinations of operation: based on the following combinations of operation: - Booth operation - Bar operation - Booth operation and pull -tab dispensing device - Bar operation with pull -tab dispensing device - Booth operation and bar operation - Pull -tab dispensing device only - Booth operation, bar operation, and pull -tab dispensing device The maximum rent allowed may not exceed $1,750 in total per month for all organizations at this premises. COMPLETE ONE OPTION: COMPLETE ONE OPTION: Option A: 0 to 10% of the gross profits per month. Option A: 0 to 20% of the gross profits per month. Percentage to be paid % Percentage to be paid Option B: When gross profits are $4,000 or less per month, Option B: When gross profits are $1,000 or less per month, $0 to $400 per month may be paid. $0 to $200 per month may be paint, Amount to be paid $ Amount to be paid $ 50 Option C: $0 to $400 per month on the first $4,000 of gross Option C: $0 to $200 per month on the first $1,000 of gross profit. Amount to be paid $ profits. Amount to be paid $ . Pius, 0% to 10% of the gross profits may be paid per month on Plus, 0% to 20% of the gross profits may be paid per month on gross profits over $4,000. Percentage to be paid % gross profits over $1,000. Percentage to be paid 10 • Bingo Rent Option Cr: 0 to 10% of the gross profits per month from all lawful gambling activities held during bingo occasions, excluding bar bingo. Percentage to be paid Option E: A rate based on a cost per square foot, not to exceed 110% of a comparable cost per square foot for leased space, as approved by the director of the Gambling Control Board. No rent may be paid for bar bingo. Rate to be paid $ per square foot. The lessor must attach documentation, verified by the organization, to confirm the comparable rate and all applicable costs to be paid by the organization to the lessor. Bar Bingo... No rent may be paid for bingo conducted in a bar. 39 LG215 Lease for Lawful Gambling Activity 3/11 Page 2 of 2 Lease Term - The term of this lease agreement will be Other Prohibitions concurrent with the premises permit issued by the Gambling The lessor will not impose restrictions on the organization with respect to Control Board (Board). providers (distributor or linked bingo game provider) of gambling- related equipment and services or in the use of net profits for lawful purposes. Management of Gambling Prohibited - The owner of The lessor, the lessor's immediate family, any person residing in the same the premises or the lessor will not manage the conduct of residence as the lessor, and any agents or employees of the lessor will gambling at the premises. not require the organization to perform any action that would violate Players Prohibited - The lessor will not statute or rule. The lessor must not modify or terminate this lease in Participation as directly or l ayers Prohibited h a player any lessor whole or in part due to the lessor's violation of this provision. If there is participate conducted or the er i lessor s immediate a dispute as to whether a violation occurred, the lease will remain in gambling pa t e e premises. a employees effect pending a final determination by the Compliance Review Group family not family and aponny d c d as ee agents on o ts players in the conduct gambling empl of lawful o o f the media lessor on (CRG) of the Gambling Control Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator sl roll be the the premises, except as authorized by Minnesota Statutes CRG. 349.181. Illegal Gambling Access to permitted premises The lessor is aware of the prohibition against illegal gambling in Consent is given to the Board and its agents, the commissioners of Minnesota Statutes 609.75, and the penalties for illegal revenue and public safety and their agents, and law enforcement gambling violations in Minnesota Rules 7865.0220, Subpart 3. In personnel to enter and inspect the permitted premises at any reasonable addition, the Board may authorize the organization to withhold time during the business hours of the lessor. The organization has access rent for a period of up to 90 days if the Board determines that to the permitted premises during any time reasonable and when illegal gambling occurred on the premises or that the lessor or its necessary for the conduct of lawful gambling on the premises. employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Lessor records Continued tenancy of the organization is authorized without The lessor must maintain a record of all money received from the payment of rent during the time period determined by the Board organization, and make the record available to the Board and its agents, for violations of this provision, as authorized by Minnesota and the commissioners of revenue and public safety and their agents Statutes 349.18, Subdivision 1.(a). upon demand. The record must be maintained for 34/2 years. To the best of the lessor's knowledge, the lessor affirms that Rent all indusive any and all games or devices located on the premises are not Amounts paid as rent by the organization to the lessor are all- inclusive. being used, and are not capable of being used, in a manner No other services or expenses provided or contracted by the lessor may that violates the prohibitions against illegal gambling in be paid by the organization, including but not limited to: Minnesota Statutes 609.75. - trash removal - janitorial and cleaning services Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an - electricity, heat - other utilities or services organization must continue making rent payments under the snow removal - lawn services terms of this lease, if the organization or its agents are found to - storage security, security monitoring be solely responsible for any illegal gambling, conducted at this in the case of par operations, cash shortages. site, that is prohibited by Minnesota Rules 7861.0260, Subpart Any other expenditures made by an organization that is related to a 1, item H or Minnesota Statutes 609.75, unless the leased premises must be approved by the director of the Gambling organization's agents responsible for the illegal gambling activity Control Board. Rent payments may not be made to an individual. are also agents or employees of the lessor. Changes in (ease The lessor must not modify or terminate the lease in whole or in • Lease information - If the lease is amended with no change in part because the organization reported, to a state or local law ownership, the organization will submit the a new lease to the Board enforcement authority or the Board, the conduct of illegal at least 10 days before the effective date of the change. gambling activity at this site in which the organization did not • Ownership - If a change in ownership occurs, the organization will participate. submit a new lease to the Board within 10 days after the new lessor has assumed ownership. i Acknowledgment of Lease Terms I affirm that this lease is the total and only agreement between the lessor and the Y organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. The lease may be terminated by either party without cause with a 30 - day written notice. Other terms S' • na re of le- • Date . Si natures of org zati official (lessee) Date f .. Rig 0 i R1)4'1 i 1 Pri , name a d title of lessor name and title of lessee -Tn ■`c'1/4 ■ t 0 s'cz e C" Jeri Cale, CEO Questions? Contact the Licensing Section, Gambling Control Board, at 651- 639 -4000. This publication will be made available In alternative format (i.e. large print, Braille) upon request. Data privacy notice: The information requested on this form and any attachments will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. . , Jimmy's r Billiards ti Billiards Billiards { Billiards Billiards Billiards Billiards 0 0 0 -5 c' Q) v Bar 0 a) C.) 0 0 a E 41 11 1 b g i #s Athletic Boosters j 53fl Mill Stf @fit N. E. GOlum q,� blQ 1-181, M 55421 201142 OFFICERS & DIRECTORS (October 1, 2011— September 30, 2012) t` CHAIRMAN .Jeri Cole PRESIDENT Karen Schultz PRESIDENT ELECT Dave Meyer SECRETARY Arlene Engel TREASURER Al Engel DIRECTORS: Chris Nutting, Ellen Surbrook, Mark Vescio, Dave Payne Dave Payne Mark Vescio 4156 Monroe Street NE 4945 Fillmore Street NE Columbia Heights, MN 55421 Columbia Heights, MN 55421 763 -788 -5770 763 - 354 -8360 Jeri Cole Chris Nutting 4730 6 Street NE 1537 Berne Rd NE Columbia Heights, MN 55421 Fridley, MN 55421 763 -571 -5716 763 -572 -2369 Karen Schultz Dave Meyer 701 46 '/z Street NE 4218 2nd Street NE Columbia Heights, MN 55421 Columbia Heights, MN 5421 763 -571 -6808 763 -228 -1092 Al & Arlene Engel Gambling Manager: 5142 4 Street NE Suzy Vescio Columbia Heights, MN 55421 4945 Fillmore Street NE 763 -572 -9219 Columbia Heights, MN 55421 763 - 331 -5303 (cell) Ellen Surbrook 763 - 706 -3743 (office) 4608 Pierce Street NE Columbia Heights, MN 55421 763 -572 -9736 BOOSTER OFFICE 763- 706 -3743 42 Northeast .,MN_„ 37oe Bank c "° „' COLUMBIA HEIGHTS ATHLETIC BOOSTERS CLUB You o, CHARITABLE GAMBLING ACCOUNT 530 MILL STREET NE 17 -13 -910 COLUMBIA HEIGHTS, MN 55421 12/1/2011 PAY TO THE City of Columbia Heights $ * *250.00 ORDER OF Two Hundred Fifty and 0 1 00 * * **** *, ,.,k * * * * * *; , * * ****, , *********** * * * * * * * * **** * * * * * * * * *** ***** * *« ** * **** * * * * *** ****** * * ** DOLLARS City of Columbia Heights 590 40th Avenue r U.) Columbia Heights, , M MN 55421 MEMO AUTHORIZED SIGNATURE Investigative Fee: Jimmy's Pro Billiards �J COLUMBIA HEIGHTS ATHLETIC BOOSTERS CLUB CHARITABLE I g�,, Colu Me i nts 9 12/1/2011 250.00 OD/ 3.) I Columbia Heights Athi Investigative Fee: Jimmy's Pro Billiards 250.00 43 CITY COUNCIL LETTER Meeting of : December 5, 2011 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Recreation APPROVAL ITEM: Establish John P. Murzyn Hall rental rates BY Keith Windschitl BY for 2013 Recreation Director NO: DATE: 11/30/11 BACKGROUND The Columbia Heights Park and Recreation Commission unanimously approved the 2013 Murzyn Hall rental rates and policy changes at their meeting on October 28, 2011. Staff has recommended rental rates for 2013 remain the same as they were for 2012. The 25% resident discount is still available for residents of the City of Columbia Heights. A copy of the proposed rental policy changes is attached. RECOMMENDED MOTION: Move to adopt the 2013 John P. Murzyn Hall rental rates and policy changes as outlined by the Park and Recreation Commission at their meeting of October 28, 2011. COUNCIL ACTION: ADMIN \CC13RATE 44 CITY OF COLUMBIA HEIGHTS RECREATION DEPARTMENT TO: Park & Recreation Commission Members FROM: Keith Windschitl, Recreation Director DATE: October 20, 2011 RE: Proposed changes for John P. Murzyn Hall Rental Policy These changes are proposed for any new rentals effective immediately. Rental Rates John P. Murzyn Hall rental rates will remain the same as they were for 2012. Security The City will provide a security officer for all paid rentals held in John P. Murzyn Hall. The lessee in addition to the hall rental fee shall pay this service. The security service fee shall be paid even if fees are waived. If deemed needed by the City, additional security may be added and charged to the lessee. When alcohol is being served security will start when alcohol service begins. For non - alcohol functions security will begin when dinner is being served. Storage Fee A fee of $100 plus tax will be charged for any items delivered prior to the rental time or left within John P. Murzyn Hall after the ending 1:00 a.m. rental time. If the storage room is damaged or left unclean the renter may be charged the full rental fee for the room. Pop /CO2 Use All rentals are required to use the in -house pop dispensers behind the bar. Fees for use will be as follows: $100 plus tax for groups up to 200 people $150 plus tax for groups over 200 people Lions Club Pop /CO2 Rates: $40 plus tax for groups up to 200 people $70 plus tax for groups over 200 people Cancellation Fee In the case of a cancellation, down payments are nonrefundable unless the date is re- rented. If the date is re- rented the City will refund 80% of the down payment. Cancellation must be received in writing before the rented date will be opened. 45 JOHN P. MURZYN HALL RENTAL RATES Rentals in 2012 will pay the 2012 rates, and rentals in 2013 will pay the 2013 rates. RENTAL INFORMATION 2012 RATES 2013 RATES (Sun - Fri) (Saturday) (Sun - Fri) (Saturday) Hall /Kitchen /LaBelle Lounge $960.00 $1,195.00 $960.00 $1,255.00 Hall $735.00 $887.00 $735.00 $887.00 Kitchen $125.00 $147.00 $125.00 $147.00 LaBelle Lounge $220.00 $268.00 $220.00 $268.00 Gauvitte Room $175.00 $195.00 $175.00 $195.00 Prestemon Room $175.00 $195.00 $175.00 $195.00 Edgemoor Room $175.00 $195.00 $175.00 $195.00 Keyes Room $175.00 $195.00 $175.00 $195.00 Maithaire /McKenna Room $250.00 $285.00 $250.00 $285.00 Senior Center $250.00 $285.00 $250.00 $285.00 Down Payment (non - refundable) $500 / $100 $500 / $100 $500 / $100 $500 / $100 Damage Deposit (refundable) $500 / $250 $500 / $250 $500 / $250 $500 / $250 Security Officer Deposit $150.00 $150.00 $150.00 $150.00 Security Officer hourly rate $25.00 $25.00 $25.00 $25.00 Pap /CO2 Charge $100I$150 $100I$150 $100 /$150 $100 /$150 Early Entry Fee* $60.00 $60.00 $60.00 $60.00 Custodial Charge per hour $25.00 $25.00 $25.00 $25.00 Events Lasting 2 hours or less 50% N/A 50% N/A Events Lasting 4 hours or less 25% N/A 25% N/A Heights Resident Discount ** 25% 25% 25% 25% All rental rates & deposits are subject to State Sales Tax. All JPM rentals end at 1:00 a.m. An $80.00 late fee will be assessed every 30 minutes after 1:00 a.m. Saturday /Sunday rental time: 12:00 noon - 1:00 a.m. Friday rental time: 9:00 a.m. - 1:00 a.m. * Subject to approval by Recreation Director and /or Park & Recreation Commission. ** Columbia Heights Resident discount is exclusively limited to the renter or their parents. All rentals are required to use the in -house pop dispensers behind the bar. Single room rentals have a maximum rental time of 7 hours. Linen and Napkin rental is available upon request. 2012 Prices are as follows: White or Ivory Linens $7.00 per hall table (60" rounds and 8' x 2 1/2' banquet tables) Tax additional $3.50 per bar table $ .50 per napkin (various colors available) Linen and Napkin rentals will need to be paid 2 weeks prior to your rental date. A $50 Service Charge may apply to special orders made within the week prior to the event. 46 COLUMBIA HEIGHTS - CITY COUNCIL LETTER AGENDA SECTION: Consent ORIGINATING DEPARTMENT: Meeting Date: No. Fire Dec. 12, 2011 ITEM: Resolution 2011 -148, Adopting Compensation BY Gary Gorman Rates For Paid -on -Call Firefighters DATE: December 12, 2011 No: Paid -on -Call Firefighters are compensated for the various tasks that they perform. These tasks include station duty, outside activities, training, and emergency medical and fire calls. Those at the entry level have met the requirements of a conditional job offer and are appointed to the Paid -on -Call division, but have not yet achieved Firefighter I certification. Employees are at this pay level while they attend Firefighter I and haz -mat certification training. Firefighters at this level do not answer fire calls or attend fire department drills. The current rate for this level does not comply with the federal minimum wage of $7.25 per hour that took effective July 24, 2009. Therefore, this rate needs to be adjusted to comply with such wage, retroactive to July 24, 2009. There are no proposed changes to the other pay levels at this time. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2011 -148, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2011 -148, being a Resolution establishing various compensation rates for the Columbia Heights Fire Department Paid -on -Call division effective July 24, 2009. COUNCIL ACTION: 47 RESOLUTION NO. 2011-148 BEING A RESOLUTION ESTABLISHING VARIOUS COMPENSATION RATES FOR THE COLUMBIA HEIGHTS FIRE DEPARTMENT PAID -ON -CALL DIVISION LEVEL STATION DUTY & FIRE CALLS DRILLS Appointment to Paid -on -Call Division (possession of, or attainment of EMT $7.25 $7.25 license) Attainment of Firefighter I certification $8.50 $10.00 and completion of in -house training Completion of one year probationary $9.99 $12.84 period Fire Motor Operator differential $1.50 $1.50 Lieutenant differential $2.00 $2.00 Adjustments effective July 24, 2009 Passed this 12th day of December, 2011, in the City of Columbia Heights. Offered by: Seconded by: Roll call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, City Clerk 48 CITY COUNCIL LETTER Meeting of 12/12/11 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: RESOLUTION 2011 -136: ESTABLISHING BY: K. Hansen BY: SENIOR CITIZENS OR RETIRED & DISABLED DATE: 11/21/2011 DATE: PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL Background: In 1982 the City Council adopted a resolution allowing the deferral of assessments for senior citizens and disabled persons. The resolution established eligibility criteria including a maximum income. The income level is updated annually by resolution. The attached resolution retains the criteria in the previous resolution and updates the income eligibility amount of $31,400, the same dollar amount used for reduced rates for senior citizens utility bills. The current income eligibility amount is $29,000. Recommended Motion: Move to waive the reading of Resolution No. 2011 -136, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2011 -136, being a resolution establishing a new maximum income of $31,400 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. KH:bt Attachment: Resolution 2011 -136 COUNCIL ACTION: 49 RESOLUTION NO. 2011 -136 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL WHEREAS, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and Whereas, Minnesota Statutes 435.193 — 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: 1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments. 2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. 4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City Clerk. 6. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: a. the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; b. the sale, transfer or subdivision of the property or any part thereof; c. if the property should for any reason lose its homestead status; or d. if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. 7. No deferral may be granted unless the homeowner makes application to the City Clerk within thirty (30) days after adoption of the assessment by the Council. 8. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 10. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $31,400. 1L No deferral may be continued from year to year unless the owner shall file a renewal application before September 15` of each year. 12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution. Dated this 12th day of December, 2011. Offered by: Seconded by: Roll Call: Mayor Gary Peterson Attest: Patricia Muscovitz, CMC City Clerk 50 CITY COUNCIL LETTER Meeting of: December 12, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Demolition Bid for 4641 and 4647 Tyler Street BY Sheila Cartney BY Sc DATE: December 6, 2011 Background Information: The subject lots have been recently purchased as part of the Heritage Heights (Sheffield) program as approved by the EDA on September 6, 2011, there is one four -plex on each lot. The next step in the process is the demolition of the buildings, 19 bid specification packages were sent out for quotes. On December 5 the Community Development Department received eight bids. The low responsible bid was $26,325 from Drobnick's Demolition. The bid summary follows: Contractor Demo Environment Total Drobnicks $23,675 $2,650 $26,325 Kevitt $32,611 $565 $33,176 Belair $32,772 $1,720 $34,492 KA Kamish $37,360 $1,000 $38,360 All Metro $40,000 $795 $40,795 Bolander $41,826 $2,100 $43,926 Elgard $48,400 $2,550 $50,950 Ironwood $62,330 $1,850 $64,180 The above total bids are for the building demolition. In addition, the other demolition costs for properties are the utility disconnects, which includes street and curb restoration, which are done through a contract with the Public Works Department. the disconnect has not been fully completed at the time of this memo. The environmental survey for report was $1,550. Staff Recommendation: Staff recommends issuing the demolition contract to Drobnick's Demolition who conducted the last city demolition on 2 street. Recommended Motion: Move to approve the demolition contract award for Drobnick's Demolition, in the amount of $26,325 for the property located at 4641 and 4647 Tyler Street from fund 371. Attachments: none COUNCIL ACTION: 51 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of December 12, 2011 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER' S NO: Community Development APPROVAL ITEM: Adopt Resolution 2011 -159 requesting BY Sheila Cartney BY: Anoka County Levy Funds for GMHC DATE: December 7, 2011 BACKGROUND: On November 22, 2011 the EDA authorized staff to request Anoka County Levy funds to apply towards a MHFA grant that GMHC has for rehabilitation of a property in Columbia Heights. GHMC received a grant from MHFA and has $29,000 remaining from the original $105,000 and requested the city provide up to $20,000 in additional funds for one additional rehab so that the grant money does not have to be returned to the state. RECOMMENDATION: Staff recommends approval of the resolution as written. RECOMMENDED MOTION: Motion: Move to waive reading of Resolution 2011 -159 there being ample copies available for the public Motion: Move to Adopt Resolution 2011 -159, requesting funds in the amount of $20,000 from the Anoka County HRA levy to match MHFA grant monies Greater Metropolitan Housing Corporation has for the rehabilitation of a property in the City of Columbia Heights. Attachments: Resolution 2011 - 159 COUNCIL ACTION : 52 RESOLUTION 2011 -159 CITY OF COLUMBIA HEIGHTS, MINNESOTA A RESOLUTION REQUESTING FUNDS IN THE AMOUNT OF $20,000 FROM THE ANOKA COUNTY HRA LEVY TO MATCH MHFA GRANT MONIES GREATER METROPOLITAN HOUSING CORPORATION HAS FOR THE REAHBILATION OF A PROPERTY IN THE CITY OF COLUMBIA HEIGHTS. WHEREAS, the City Council was invited by the Anoka County Housing and Redevelopment Authority (ACHRA) to participate in ACHRA economic development activities; and, WHEREAS, Council passed a resolution on September 10, 2007 to participate in the Anoka County Housing and Redevelopment Authority (ACHRA) economic development activities; and, WHEREAS, the ACHRA would levy a tax in Columbia Heights each year of participation, for a minimum of five years; and, WHEREAS, that the City, by participation in the ACHRA economic development activities, can request funds to support the City's redevelopment and housing maintenance and improvement goals; and, WHEREAS, Anoka County Community Development staff indicated that rehabilitation funds would be a qualified expenditure; and, BE IT FURTHER RESOLVED that the City of Columbia Heights requests $20,000 from the Anoka County HRA to match MHFA funds for Greater Metropolitan Housing Corporation to use for rehabilitation of a property in the City of Columbia Heights and administration thereof. Passed this 12`'' day of December 2011. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz- City Clerk CMC 53 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: December 12, 2011 AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Adopt Resolution 2011 -158 being BY: Jeff Sargent, City Planner BY: Resolution for the Approval of an 11 -foot DATE: December 7, 2011 corner side yard setback variance for parking for 3700 Central Avenue NE BACKGROUND: At this time, the applicant is requesting an 11 -foot corner side yard setback variance for parking for the O'Reilly Auto Part Store located at 3700 Central Avenue, per Code Section 9.110 (C). The site plan for the construction of the new store indicates that three parking stalls will be located closer than the required 15 -foot setback from Central Avenue. For this reason, an 11 -foot setback variance is required. This property is located within the Design Guidelines Downtown District. The Design Guidelines govern many facets of redevelopment, including building and parking placement on the property. For instance, the Design Guidelines require that the building be placed as closely to the intersection of Central Avenue and 37 Avenue as possible. The Design Guidelines also require that at least 50% of the parking be located behind the front line of the building. The accompanying Site Plan indicates that the building will be placed in the correct location with 100% of the parking located behind the front line of the building. The applicant would like to accommodate as much parking in front of the store as possible, which places two of the proposed parking stalls within the 15 -foot setback requirement. The width of the property and the orientation of the property in relation to Central Avenue present practical difficulties that support the variance request. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on December 6, 2011. The Planning Commission recommended approval of the variance request with a 3 -0 vote. RECOMMENDED MOTION: MOTION: Move to waive the reading of Resolution 2011 -158, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2011 -158, approving the 11 -foot comer side yard setback variance for parking for 3700 Central Avenue NE, subject to the conditions outlined in Resolution No. 2011 -158. Attachments: Resolution 2011 - 158; P +Z Memo; Location Map; Site Plan COUNCIL ACTION: 54 RESOLUTION NO. 2011-158 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR O'REILLY AUTO PARTS STORE WHEREAS, a proposal (Case # 2011 -1202) has been submitted by O'Reilly Auto Parts Store to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3700 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An 11 -foot corner side yard setback variance for parking per Code Section 9.110 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December 6, 2011; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in hairnony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. 55 Resolution No. 2011 -158 Page 2 FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the peiiiiit. CONIDTIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. Approval of the variance request in contingent on the approval of the Site Plan for the O'Reilly Auto Parts Store located at 3700 Central Avenue. Passed this 12` day of December, 2011 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 56 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2011 -1202 DATE: December 6, 2011 TO: Columbia Heights Planning Commission APPLICANT: O'Reilly Auto Parts Store LOCATION: 3700 Central Avenue NE REQUEST: 11 -foot Corner Side Yard Setback Variance for Parking PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the applicant is requesting an 11 -foot corner side yard setback variance for parking for the O'Reilly Auto Part Store located at 3700 Central Avenue, per Code Section 9.110 (C). The site plan for the construction of the new store indicates that three parking stalls will be located closer than the required 15 -foot setback from Central Avenue. For this reason, an 11 -foot setback variance is required. The construction of a new building also requires a Site Plan Approval by the Planning Commission. The applicant is not ready at this time to submit the proper information for a Site Plan review, but would still like the variance to be considered for approval. The applicant is in the process of gathering the proper information for the Site Plan and will be submitting that information at a later time. An approved Site Plan will be a condition of approval for the variance request. ZONING ORDINANCE The property at 3700 Central Avenue is zoned GB, General Business, as are the properties to the north and east. The properties to the west are zoned R -3, Multiple Family Residential, and the properties to the south are located in the City of Minneapolis. The property is also located within the Design Guidelines Downtown District, and will be subject to those requirements. For definition purposes in the Zoning Code, a corner lot has both a front yard and a corner side yard. The front yard is portion of the property along the public right -of -way with the least width. For this reason, the front yard is considered the frontage along 37 Avenue and the corner side yard is considered the frontage along Central Avenue. The City Code requires that all parking must maintain a minimum 15 -foot setback from the public right -of -way along a corner side yard. As stated previously, this property is also located within the Design Guidelines Downtown District. The Design Guidelines govern many facets of redevelopment, including building and parking placement on the property. For instance, the Design Guidelines require that the building be placed as closely to the intersection of Central Avenue and 37 Avenue as possible. The Design Guidelines also require that at least 50% of the parking be located behind the front line of the building. The accompanying 57 City of Columbia Heights Planning Commission December 6, 2011 3700 Central Avenue - Parking Variance Case # 2011 -1202 Site Plan indicates that the building will be placed in the correct location with 100% of the parking located behind the front line of the building. The applicant would like to accommodate as much parking in front of the store as possible, which places two of the proposed parking stalls within the 15 -foot setback requirement. PARKING. For retail establishments, the City Code requires 1 parking stall for every 300 square feet of retail space. The proposed building will be approximately 7,450 square feet in area, requiring a minimum of 23 parking stalls. The Site Plan indicates 30 on -site parking spaces, meeting the City's minimum requirements. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as commercial. A variance to allow extra on- site parking would be consistent with the intent of the Comprehensive Plan guiding of the area. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. The practical difficulties are caused by the orientation of the property in relation to Central Avenue and the fact that the property is a corner lot. City Code requires the building to be placed as close to the corner as possible, and the applicants are using the remainder of the property in a reasonable manner as a result of the building placement. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The conditions upon which the variance is based are unique to the corner lots along Central Avenue. Being that no other corner lot property along Central Avenue shares the same lot dimensions, this property is unique compared to other properties in the GB, General Business District. Page 2 58 City of Columbia Heights Planning Commission December 6, 2011 3700 Central Avenue - Parking Variance Case # 2011 -1202 c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. The Design Guidelines mandate where the building must be placed on the property. The applicants are utilizing the remainder of the property in a reasonable manner based on the building location. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area as commercial. A variance to allow extra on -site parking would be consistent with the intent of the Comprehensive Plan guiding of the area. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the variance would not be materially detrimental to the public. RECOMMENDATION Staff recommends approval of the 11 -foot corner side yard setback for parking because the practical difficulties surrounding the property justify the proposed location of the parking stalls in question. Motion: That the Planning Commission recommends that the City Council approve the 11 -foot corner side yard setback variance for parking for the O'Reilly Auto Parts Store located at 3700 Central Avenue per Code Section 9.110 (C) of the City Code, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. Approval of the variance request in contingent on the approval of the Site Plan for the O'Reilly Auto Parts Store located at 3700 Central Avenue. ATTACHMENTS ■ Draft Resolution • Location Map ■ Site Plan Page 3 59 3700 Central Avenue II_______J> L ► I f 1 • 40TH AVE 838 I L E /\ 900 3970 950 1121 3975 \ / 3976 v1 Of M co co n O+ + fJ A +O f0 in 01 M N. 3973 S p a a +0 0).- O N N M CO 0 0 0 e- e.- 3970 ' 3967 3968 3989 a+rnm o0000000....� 3963 3964 3964 3959 3962 3961 3958 GOULD 3955 3956 3957 3952 3959 950 Q. c+ w CO o v CO a 40 a 4� ^O '� 3953 3951 ° c o oc r- c o 0 0 V" 0 0 0 ° 3946 3951 � `- ,-`-`- � `- ° V" V" r 3949 3946 3947 3946 3943 3942 3943 O 3938 3939 3932 W o 0 0 0 0 1055 0 3935 3934 3935 3939 3940 W `" 3931 3930 3931 3928 n' 41 3923 3922 3923 3924 1036 3921 3918— 3918 1000 3917 3914 3915 . 3912 3919 . 110:11111111# 0 3911 3911 3910 3906 971 d9 0 o c 3900 d '9 0 06 40 9 3901 3900 M rn 39 0 ? 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Z , F 1 ' , , I ILL so ,. . 1 p go •N NOZ I I VVI' I • 4I ' . 1 A MIMI _ _.. -- -.• % , 3 11441N3O 0091" „„ _,,,„ 000 r,r7Z,,,,L7f, 1 1)0003199 999503 1 5 09...5 96 800109996 4 I - T 1 il ' ' I I 1 00 I ■ CITY COUNCIL LETTER Meeting of: December 12, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: APPROVAL TO PURCHASE ONE BY Kevin Hansen BY COLORED LED SIGN FOR CITY HALL DATE: 12/8/11 DATE: A contract was awarded to Hoeft Signs at the October 10, 2011 regular City Council meeting at a contract amount of $29,500. The contract was awarded with a stipulation for delivery and installation not to exceed 45 days or the contract may be terminated for consideration of the next low bidder. Staff notified Hoeft Signs of the contract termination at the end of November. The next low bidder to install a 4' x 9' color LED sign that would fit on top of the existing pylons, replacing the current letterboard sign at City Hall, was J & L Signs. The proposed sign would provide a full color display on both sides. It would also include a metal shroud around the existing steel poles to improve the appearance of the overall sign. The original bids received from the three vendors, installed complete, are as follows: 1 1 . • J & L Signs - $35,100* • Signarama Signs - $45,909 * quoted 20 mm display (higher resolution). Staff recommends awarding a contract to J & L Signs based on their low bid of $35,100. RECOMMENDED MOTION: Authorize the purchase of one color LED sign from J & L Signs in the amount of $35,100 to replace the letterboard sign located at 590 40 Avenue; with funds appropriated from Fund 411- 41940 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. COUNCIL ACTION: 62 CITY COUNCIL LETTER Meeting of December 12, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: REISSUE RENTAL BY Gary Gorman BY LICENSE NO: DATE: December 6, 2011 DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against the following properties for failure to meet the requirements of the Property Maintenance Codes has been resolved. RECOMMENDED MOTION: Move to issue a rental- housing license to Robert Okoro to operate the rental property located at 1400 -02 Circle Terrace Blvd. N.E. in that the provisions of the Property Maintenance Code have been complied with. COUNCIL ACTION: 63 CITY COUNCIL LETTER Meeting of December 12, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: d Licenses NO: DATE: December 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 December 12, 2011 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 64 �A mf COLUMBIA HEIGHTS Print Rental Licenses to NA FIRE DEPARTMENT approve by CC 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 -706 -8156 - Fax: 763 - 706 -8151 10029 5057 UNIVERSITY AVE NE Abdel - Kerim, Osama F11378 PO Box 32112 $ 150.00 Fridley, MN 55432 10031 4112 TYLER ST NE Wolnik, Helen F11409 6600 Pleasant Ave So. Apt #136 $ 150.00 Richfield, MN 55423 -2305 10058 4053 HAYES ST NE Olson, Roger F11361 PO Box 324 $ 150.00 Remer, MN 56672 10059 212 40TH AVE NE Renewcon Development LLC F11022 16059 Wake ST NE $ 150.00 Ham Lake, MN 55304 10108 3906 TYLER ST NE Kuchta, Ben F11421 3116 W Calhoun Blvd $ 150.00 Minneapolis, MN 55416 10141 1221 44 1/2 AVE NE RPM Investments LLC F11312A 1714 E. Hennepin Ave $ 150.00 Minneapolis, MN 55414 10151 4126 CLEVELAND ST NE Blood, Mary F11296 10900 177th Street NW $ 150.00 Elk River, MN 55330 10166 4111 5TH ST NE Jones, David F11436 10631 Maple Lane E $ 150.00 Corcoran, MN 55374 10183 4452 4TH ST NE Johnson, Joy F11058 12096 Dogwood St. N.W. $ 150.00 Coon Rapids, MN 55448 10222 999 41ST AVE NE Bednarski, Russell F11406 922 Main Street Suite G $ 150.00 Minneapolis, MN 55413 10327 4030 7TH ST NE Leem, Susan PDF111111 480 Cedar Stree $ 150.00 St. Paul, MN 55101 12/06/2011 10:48 Page 1 65 COLUMBIA Print Rental Licenses to FIRE DEPARTMENT approve by CC 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 -706 -8156 - Fax: 763 -706 -8151 10354 3915 TYLER ST NE Hanson, Robert F11422 27323 Cty. Rd. 11 $ 150.00 Aitkin, MN 56431 12033 4908 TYLER ST NE Parkash, Om F11241 1647 South Broadway $ 150.00 Rochester, MN 55904 20028 1206 CIRCLE TERRACE BLVD NE Seigonghyr, Korti F10844 4243 Emerson Ave. N. $ 150.00 Minneapolis, MN 55412 20042 1316 CIRCLE TERRACE BLVD NE Fragale, Jayne F11109A 52330 Azalea Ave. $ 150.00 Stanchfield, MN 55080 20043 1324 CIRCLE TERRACE BLVD NE Fragale, Jayne F11109 52330 Azalea Ave $ 150.00 Stanchfield, MN 55080 20045 4651 TAYLOR ST NE KSR Investments, LLC F11160 7260 Uinversity Avenue N.E. STE #340 $ 150.00 Fridley, MN 55432 20056 1207 CIRCLE TERRACE BLVD NE Coldwell Banker Burnet Scott F11169 5516 Lyndale Ave. S. $ 150.00 Minneapolis, MN 55419 20072 4513 TAYLOR ST NE Van Blaricom, Stanley F11223A 118 Balsam Lane N. $ 150.00 Plymouth, MN 55441 20077 4630 WASHINGTON ST NE Jirasek, Chad F11257 1201 49th Avenue NE $ 150.00 Columbia Heights, MN 55421 20111 4028 CLEVELAND ST NE Boyum, Clifford F11252 1426 Bussard Court $ 150.00 Arden Hills, MN 55112 20121 1204 CHEERY LN NE Cobb, Eric F11229 4542 Nicollet Ave $ 150.00 Minneapolis, MN 55419 12/06/2011 10:48 Page 2 66 ., 2. Print Rental Licenses to y FIRE DEPARTMENT approve by CC Ins : Divist , 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 -706 -8156 - Fax: 763 -706 -8151 20191 208 42ND AVE NE SMA Housing LLC F11042 562 78th Avenue NE $ 150.00 Spring Lake Park, MN 55432 20191 208 42ND AVE NE Urban Enterprises, Inc. F11042 4542 Nicollet Ave. $ 150.00 Minneapolis, MN 55419 20196 4532 FILLMORE ST NE Tohey, Joseph F11353 544 Summit Street N.E. $ 150.00 Columbia Heights, MN 55421 20216 939 42 1/2 AVE NE Samaroo, Robert F11377 570 98th Ave NE $ 150.00 Blaine, MN 55434 20240 1407 CIRCLE TERRACE BLVD NE Cornelius, Chris F11356 7890 Queensland Lane N. $ 150.00 Maple Grove, MN 55311 20252 3915 VAN BUREN ST NE Trewartha, Robert F11351 5839 142nd Ave N.W. $ 150.00 Ramsey, MN 55303 20282 3731 PIERCE ST NE Abdel- Karim, Hytham F11083A 708 Cleveland Ave "160 $ 150.00 New Brighton, MN 55112 20320 1301 CIRCLE TERRACE BLVD NE Elie, Steve F11438 4520 Tower Street $ 150.00 Edina, MN 55424 30011 4255 3RD ST NE MBP, LLC F11453A 11102 Aberdeen St. N.E Unit #D $ 160.00 Blaine, MN 55449 30057 1480 47TH AVE NE Shatzer, Wade F10848 1161 Wayzata Blvd. #312 $ 410.00 Wayzata, MN 55391 30062 4650 JOHNSON ST NE Modell, Paul F11425 3441 Shore Drive $ 356.00 Excelsior, MN 55331 12/06/2011 10:48 Page 3 67 A , 2.. Print Rental Licenses to A 1 FIRE DEPARTMENT Ins . option Division approve by CC 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 -706 -8156 - Fax: 763- 706 -8151 30067 3709 JACKSON ST NE Mikre, Joseph F10877 20334 E. Bethel Blvd. N.E. $ 356.00 Cedar, MN 55011 30068 3855 JACKSON ST NE Mikre, Joseph F10877A 20334 E. Bethel Blvd. N.E. $ 188.00 Cedar, MN 55011 30082 315 44TH AVE NE DRS Rental Townhomes, LLC F11407 401 Robert St. N. Suite #150 $ 160.00 St. Paul, MN 55101 30092 3838 MCKINLEY ST NE Consolidated Realty of Mpls F11339B 750 Pennsylvania Ave S. $ 470.00 Minneapolis, MN 55426 30096 1000 PETERS PL NE KSR Investements, LLC F11052 7260 University Ave. Suite #340 $ 356.00 Minneapolis, MN 55432 30096 1000 PETERS PL NE Hanson, Aimee F11052 7260 University Ave. N.E. Suite #340 $ 356.00 Fridley, MN 55432 30109 3850 STINSON BLVD NE DePalma, Barb F11350 3850 STINSON BLVD NE $1070.00 Columbia Heights, MN 55421 30132 970 44TH AVE NE Sekizovic, Maumer F11150 PO Box 21314 $ 160.00 Columbia Heights, MN 55421 30148 4657 TYLER ST NE Rocha, Joanna F11246 1483 W Larpenteur Ave #2 $ 160.00 Falcon Heights, MN 55113 30157 4649 UNIVERSITY AVE NE Lemke, Lorraine F11192B 2809 -116th Avenue NE $ 248.00 Blaine, MN 55449 30163 981 43 1/2 AVE NE Khan, Shah F11201 2737 16th Street N.W. $ 160.00 New Brighton, MN 55112 12/06/2011 10:48 Page 4 68 DoT tam' Print Rental Licenses to FIRE DEPARTMENT approve by CC ins . notion Division 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 - 706 -8156 - Fax: 763- 706 -8151 30179 3826 STINSON BLVD NE Klum, Cynthia F11456 1314 W. Royal Oaks Dr. $ 356.00 Shoreview, MN 55126 34001 4635 UNIVERSITY AVE NE Sekizovic, Maumer F11443A PO Box 21314 Apt #3 $ 150.00 Columbia Heights, MN 55421 Total # of Licenses 46 12/06/2011 10:48 Page 5 69 CITY COUNCIL LETTER Meeting of December 12, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: Business License Agenda BY: Shelley Hanson DATE: NO: DATE: December 6, 2011 BY: Z„,/ff BACKGROUND /ANALYSIS Attached is the business license agenda for the December 12, 2011 Council meeting. This agenda consists of applications for Contractor licenses for 2011 -12, and the renewal of various business licenses for 2012. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for December 12, 2011 as presented. COUNCIL ACTION: 70 TO CITY COUNCIL December 12, 2011 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES — 2012 BLDG Aaspen Tree Service 970 Wayzata Blvd W, Wayzata $60 Wright Tree Service PO Box 1718, Des Moines, IA $60 MN Tree Surgeons PO Box 1038, Delano $60 Master Mechanical 1027 Gemini Rd, Eagan $60 Wenzel Htg & AC 4145 Sibley Memorial Hwy, Eagan $60 Genz Ryan Plumb/Htg 2200 Hwy 13, Burnsville $60 Home Energy Center 2415 Annapolis Ln, Plymouth $60 Ideal Plumb & Rootering 6408 73 Ave N, Brooklyn Pk $60 Van Winkle Plumbing5430 Teal St, Big Lake $60 Steve's Plumbing Inc. 23629 Washington St NE, E Bethel $60 Dean's Plumb /Htg 5392 Quam Ave, St Michael $60 LeRoux Excavating 2104 64 St, White Bear Lk $60 Bridge Investments 12500 18 Ave N, Plymouth $60 Harris Contracting 909 Montreal Circle, St Paul $60 Automatic Gar Door /Frpl 9385 Holly St NW, Coon Rapids $60 Ryan Companies 50 So 10 St, Mpls $60 C & S Blacktopping Inc. 14435 Northdale Blvd, Rogers $60 FUEL DISPENSING DEVICES -2012 FIRE Jeff, Bobby & Steve's 3701 Central Ave, Columbia Hts $210 Silk Inc. dba Speedy Mart 4001 University Ave (pending approval) $170 CIGARETTE SALES -2012 POL Sharif Hot Market 5011 University Ave, Columbia Heights $300 Jeff, Bobby & Steves 3701 Central Ave, Columbia Heights $300 Silk Inc. dba Speedy Mart 4001 University Ave (pending approval) $300 POL SECONDHAND DEALER'S Unique Thrift Store 2201 37 Ave NE, Columbia Hts. $100 POL /F /B /Z WINE/BEER POL /F /B /Z Jimmy's Breaktime Billards 4040 Central Avenue, Columbia Hts $2,400 BEER POL /F /B /Z Jeff, Bobby & Steve's 3701 Central Ave, Columbia Hts. $550 On & Off Sale Aldi's -Off Sale 5025 Central Ave, Columbia Hts. $150 Rainbow Foods -Off Sale 4300 Central Ave, Columbia Hts. $150 71 GAMES OF SKILL POL Jimmy's Pool Hall 4040 Central Ave, Columbia Hts. $345 Mendota Valley Amuse for VFW and Jimmy's $195 POOL HALL POL Jimmy's Pool Hall 4040 Central Ave, Columbia Hts $100 TEMPORARY LIQUOR Immaculate Conception Church 4030 Jackson St, Columbia Hts $200 COURTESY BENCHES PW 3 Millenium dba Benchmark 8844 Central Ave, Blaine $75 3 locations MASSAGE BUSINESS /INDIVIDUAL (Pending Police Dept Approval) POL Zentral Massage 3986 Central Ave, Columbia Hts. $500 Bus Alec Vongkaysone- employee 3986 Central Ave, Columbia Hts. $100 Ind. Carita Quan- employee 3986 Central Ave. Columbia Hts. $100 -Ind. Hart Lake Massage 3813 Hayes St, Columbia Hts. $500 Bus Jennifer Pyper -Muno $100 -Ind. 72 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: December 12, 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 141384 through 141653 in the amount of $ 5,290,476.57 . 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COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: December 12, 2011 AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Adopt Resolution 2011 -156 being BY: Jeff Sargent, City Planner BY: Resolution for the Approval of a 3 -foot DATE: December 7, 2011 side and rear yard setback variance for a shed located at 5075 Johnson St. NE. BACKGROUND: The property at 5075 Johnson Street is zoned R -1, Single Family Residential, as are all the properties in the surrounding area. The Zoning Code states that all detached accessory structures must be located no closer than 3 feet from the side and rear property lines. The storage shed / playhouse has already been constructed and is located within the 3 -foot setback requirement, thus needing a variance. The property at 5075 Johnson Street is a corner lot, intersecting with Lincoln Terrace. The house is situated towards the northeast corner of the property with the front of the house facing Johnson Street. The applicant has stated that this creates a very small rear yard, with little room for a storage shed. The applicant constructed the shed in the northeast corner of the property within the 3 -foot setback requirements of the north and east property lines in order to avoid the restriction of sunlight into her and neighboring houses. Staff agreed with the stated practical difficulties and felt that the property was being put to a reasonable use with the shed. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on December 6, 2011. Despite staff's recommendation of approval, the motion was denied by the Planning Commission with a 1 -2 vote. RECOMMENDED MOTION: MOTION: Move to waive the reading of Resolution 2011 -156, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2011 -156, approving the 3 -foot side and rear yard setback variance for a shed located at 5075 Johnson Street NE, subject to the conditions outlined in Resolution No. 2011 -156. MOTION: Move to waive the reading of Resolution 2011 -157, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2011 -157, denying the 3 -foot side and rear yard setback variance for a shed located at 5075 Johnson Street NE. Attachments: Resolution 2011 - 156; Resolution 2011 - 157; P +Z Memo; Location Map; Application materials COUNCIL ACTION: 84 RESOLUTION NO. 2011-156 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR JEANNE RAMIREZ WHEREAS, a proposal (Case # 2011 -1201) has been submitted by Jeanne Ramirez to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 5075 Johnson Street NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 3 -foot side and rear yard setback variance for the placement of a playhouse / shed located at 5075 Johnson Street per Code Section 9.106 (C)(1)(c). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December 6, 2011; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. 85 Resolution No. 2011 -156 Page 2 FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the peimit. CONIDTIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The applicant shall agree to remove the shed at the owner's expense in the event that the City would need to gain access to the 5 -foot utility and drainage easement on which the shed is located. Passed this 12 day of December, 2011 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 86 RESOLUTION NO. 2011-157 RESOLUTION OF DENIAL OF A 3 -FOOT SIDE AND REAR YARD SETBACK VARIANCE FOR A SHED LOCATED AT 5075 JOHNSON STREET NE WHEREAS, a proposal (Case # 2011 -1201) has been submitted by Jeanne Ramirez to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 5075 Johnson Street NE LEGAL DESCRIPTION: On File at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 3 -foot side and rear yard setback variance for the placement of a playhouse / shed located at 5075 Johnson Street per Code Section 9.106 (C)(1)(c). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December 6, 2011; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council does accept and shall adopt the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. There is ample room on the property to construct a shed and still meet minimum code standards. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The topography and orientation of the house on the corner lot are unique to the specific parcel of land involved. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. The provisions of the Code would not prohibit the applicant from placing the shed in compliance with the regulations while still maintaining a reasonable use of the land. 87 Resolution No. 2011 -157 Page 2 4. The granting of the variance is in hannony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides this area as residential. A variance to allow the shed to remain in its current location would be consistent with the intent of the Comprehensive Plan guiding of the area. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The shed is located on a 5' drainage and utility easement which would make it difficult for the City to gain access to such easement in the time of need. FURTHER, BE IT RESOLVED, that said variance request is denied based on the following: 1. There are no practical difficulties that the property presents that support the placement of the shed within the 3 -foot setback requirement from the side and rear property lines. 2. Granting the variance would permit a structure that would be located within a drainage and utility easement. Passed this 12 day of December, 2011 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 88 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2011 -1201 DATE: December 6, 2011 TO: Columbia Heights Planning Commission APPLICANT: Jeanne Ramirez LOCATION: 5075 Johnson Street NE REQUEST: 3 -foot side and rear yard setback variance for shed PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the applicant is requesting a 3 -foot side and rear yard setback variance for the placement of a playhouse / shed located at 5075 Johnson Street, per Code Section 9.106 (C)(1)(c). The City's Zoning Code requires that all new accessory structures be no closer than 3 feet from the side and rear property lines. The storage shed / playhouse has already been constructed and is located within the 3 -foot setback requirement on the side and rear property lines. For this reason, a 3 -foot setback variance is required. ZONING ORDINANCE The property at 5075 Johnson Street is zoned R -1, Single Family Residential, as are all the properties in the surrounding area. The Zoning Code states that all detached accessory structures must be located no closer than 3 feet from the side and rear property lines. The property at 5075 Johnson Street is a corner lot, intersecting with Lincoln Terrace. The house is situated towards the northeast corner of the property with the front of the house facing Johnson Street. The applicant has stated that this creates a very small rear yard, with little room for a storage shed. The applicant constructed the shed in the northeast corner of the property within the 3 -foot setback requirements of the north and east property lines. Staff noticed the two -story structure and informed the applicant that she would need a building permit and a variance if she wished to retain the shed's location. Upon inspection of the property records, it was discovered that the applicant has also placed the shed on a 5 -foot utility and drainage easement. Usually, the City does not 89 City of Columbia Heights Planning Commission December 6, 2011 5075 Johnson St - Shed Variance Case # 2011 -1201 allow for the construction of any type of buildings on an easement. However, as a condition of approval, the applicant will have to agree to remove the shed at her expense should the City ever need to gain access to the utilities in the easement. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as residential. A variance to allow the shed to remain in its current location would be consistent with the intent of the Comprehensive Plan guiding of the area. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. As stated by the applicant, there is no other reasonable place on the property to place the storage shed than in its current location. By moving the structure into compliance with the ordinance, the structure would block sunlight into either the neighbor's house or the applicant's house. Due to the small backyard and City Codes prohibiting the shed to be located in the front yard, there is no other space on the lot to place the structure. Staff supports the practical difficulties as stated by the applicant. The proposed location of the structure is reasonable given the characteristics of the property and the location of the structures on adjacent properties. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The topography and orientation of the house on the corner lot are unique to the specific parcel of land involved. c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. Page 2 90 City of Columbia Heights Planning Commission December 6, 2011 5075 Johnson St - Shed Variance Case # 2011 -1201 The provisions of the Code would make it difficult for the applicant to use her property in a reasonable manner due to the unique circumstances of her property and the orientation of the house on the lot. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area as residential. A variance to allow the shed to remain in its current location would be consistent with the intent of the Comprehensive Plan guiding of the area. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the variance would not be materially detrimental to the public. RECOMMENDATION Staff recommends approval of the 3 -foot side and rear yard setback variances for the placement of a storage shed / playhouse because the practical difficulties surrounding the property justify the current placement of the shed. Motion: That the Planning Commission recommends that the City Council approve the 3 -foot side and rear yard setback variance for the placement of a playhouse / shed located at 5075 Johnson Street per Code Section 9.106 (C)(1)(c) of the City Code, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The applicant shall agree to remove the shed at the owner's expense in the event that the City would need to gain access to the 5 -foot utility and drainage easement on which the shed is located. ATTACHMENTS • Draft Resolution ■ Location Map • Site Plan • Letter from the Applicant Page 3 91 5075 Johnson Street s 0 r 77 c M (0 co 5150 5" It git ta z 0 in an ID in in Cr) lock 5145 RRACE MATTERHORN 5141 M co C 00 0 1550 5135 to t� t 1St t t, t t t2 1493 ift. 1388 4 t ' 11 ti 1 1t It t i t �t l ? t t t e�,y� 1487 5075 1384 r t1 12i 11 1479 fr < ... 164 1471 1476 5045 141364 1633 ; 1356 5050 5035 356 1461 CP 1468 1629 1348 1453 5030 5025, 1445 1460 0 5010 1 5015 1625 Z 1 12 1439 , 1450 5000 5005 1621 1433 1440 z 4990 4995 1617 1425 i......44/ .,,,' 1430 Y A 4975 a. 1420 N 1615 4955 Location Map 92 \..,) .:: k_1 ( . , .. ....._ i ? c/o : . „ / i - cl) — k / ‹ -±- fo • / ,..I 5 I— . ...c , e..... ' L . — –1 • > 0 ti z o= • - . ‘. ` r., • ., l.. :/' / L 1 4 ',-• •.-1-,) < '- 'T ta < u t ' 2_ ;1 ! • .. «.. - - * - ''''' ,1-"' 44 Eh r-,....„ ....r 6 )1 • "1. 5 if. 6 .:,.. 1 k,..,. 4, = . • z '1 Iii w e, >' n 1 - 1 t , . q ,‘% - - ,- -) . •, 7 \,...., la ) k9 1 g ( ( , I -'< j I —, 6 to 4,1 x r . il r- % ..) s Z f It 1 0 V9 1(9 . ‘c \■C ■ l ( ,,,/ • r 0 0 CY) . N ----------...._„:„. , . , / ,,, / , 1 . , -) • , z N' i ' '-,: • ' 4>* :,/ , .; 0 : .4. 1- 0 :1 J •,, 4 ,.. ,,, (n. • ' ‘.9 Co / ( 1 w (0 Z 0""‘ \ z u) La ' Q v) 1.... , / 1 ..., - c. I ), - t Ce 0 • )\ Lir 'L. ii . 0 0 .... `^` , t , • , • \F"' / , ',‘ • 4 h, --) / Z 1— Ki i -.4. tZ 17; 4 • , ' f \ .3 ....., - 1 ,., fr a ' w f ; 0 '.. ' •- •,.‘z 1 ; ^: ,,' , NJ / i', \ . "v4p , i \ V ) l - w `-' >•., ' • V. 1( ° g (I) ' - 3 \s) ' .J, \ r) • .. 1 , .,.. A t. \ ..) / 1 i ! too) tsti Z LU •.... hi --- a > 04 N \ k N1 ,,, _C) -1 ) \ ) \--L-_\ \\\ I l a l < = / -,- q. ‘ w (v/ 03 N * 4 I ttt > x N y I ir rr tty ; / :, l* , i „ _ .4. , (---) 7 kit q - -' L. 2 r < in )-- 2 .,,,, 't, i___ _ 0 0 NL ---.- ' r... ", t■r. , \ 0 ‘Or . 4%,,W We began building this structure at the beginning of the summer 2010. At the beginning of the process we secured informal permission from our adjacent neighbors and called the City of Columbia Heights to ask whether we needed a permit to build. We were told that if the structure were under 16 feet tall and 3 feet back from the property line, there was no permit needed. We called again towards the end of the process to make sure we had heard the height requirements correctly and were assure that if it were under 16 feet no permits were needed. At no point in the process did anyone suggest that we check into possible easements on the property before building. In fact, we did not even know what an easement was until just recently when questions arose about this structure. The inspector (Larry Pepin) came by late in the winter (Feb?) and told us about the easement which is for utilities and drainage on the back corner of our property. This house was build in in the early 1960s and there are no utilities to date using this space. There is established lines in the front of the house for water and gas + cable and telephone are on overhead wires which do not interfere with the shed/playhouse where it is currently located. The other major issue, drainage, is not a concern as the structure is constructed on elevated "stilts" which leave about 12 inches of clearance for runoff under the structure. Also our property is located at the top of a hill so drainage is not much of an issue for that reason as welt. I've also talked to 11 neighbors that surround our corner lot and live within 350 of the property and they were all happy to let us keep the shed/playhouse in the northeast corner of our yard. Some even offered to come to the speak with the city of Columbia Heights with me on our behalf. I've lived in Columbia Heights since I was in kindergarten - went to school here, got good grades and never got in trouble (except with mom and dad every once in awhile)! I moved bacl because I consider the Heights to be a friendly and reasonable place to live. Hardship: There is no other reasonable places in the yard to put the shed/placehouse, besides where it is currently located. Even if we were to take off the second floor and just use the first floor shed, it will be blocking our house windows or the adjacent neighbors windows. For example, if we move the structure into compliance with the easement, but keep it in the same corner, it will be blocking our kitchen window light (see lot map). if we move it out of the easement zone, the structure will be on the back doorstep of our abutting neighbors. They do not want the shed/playhouse so close to their high traffic outdoor living and eating space. If we move it even further down the lot line, it will be legally located but just a feet away from the neighbors bedroom windows. They don't want it there either! 96 We are a corner lot and the neighbors house is located about 3 feet off of our fence and property line behind our yard. If we locate it outside the fence on the west side yard, we are dealing with removing a section of hill. If we locate it in the front yard, nobody will be happy. Sheds just don't go in the front yard - especially not on a corner lot. Currently the structure is 15 1/2 feet tall and is between 1-4 feet off of the property line at different points around the structure. Our bad: (This is the wife speaking) - As we built this backyard project, the husband should have paid more exact attention to the lot line measurements. By the law we are in the wrong on this point. Mercy: We ask that in light of the close proximity of the neighbors house and the odd shaped corner lot + hilly terrain that you approve this variance and allow us to keep the shed/playhouse in its current location. On the same topic, but different location... This is the question I want to ask every morning when I drive down Central Avenue: Why don't the owner's of the Central Loft apartments need a variance to keep a rusting sign, sagging plastic and weeds on a gateway property in our city? I think there are more important issues to take care of in the city of Columbia Heights than a shed that everyone in the surrounding area is in agreement with. THANK YOU FOR YOUR TIME AND WE ASK FOR YOUR MERCY in fulfilling the spirit and not the letter of the law! If you would like to come take a look at this structure in person, feel free to contact me at 763-442-5103 or limmir_ez nct. 97 I am a neighbor that lives within 350 feet of the property on the corner of Lincoln Terrace and Johnson Street (5075 Johnson Street NE, Columbia Heights, MN 65421) and I am signing this letter as a way of saying that I do not have any problem with them building a shed/playhouse in the NE corner of their yard. Address Address Name Printed Signature , ,- ,, 5065 Johnson St NE Richard and Judy 7, --c-et, ,cL I_ ef ,,, : 44( Le-J- Grommes ,.. (:)' () j r ) r 4 - -( Z, //,t) 66.f...,,--LitA) /,/ 72. // --,d1.-0, , i, 5055 Johnson St NE (0.0 Vf dfieV 1 i a \ 0 - I - • ,„, J-Pc-6 1-- , f 1 , -, , 111,60 Li piTLAC-A L( ' - C ) L 1 ( i; and Chely Lowry Lincoln Terrace i \ Matterhorn Drive , i i ''' 1 k ;- ' Da k d. li 5 c 4 (,,,€_1,. 76 <3• - )a 6, -(1/3:), , 7) ' - 71 1-111 1:e17:cc.( _/it-16 R 1 - e( C-/u-Py. -f-- P= A. 14( i (PolAce__, NJ Autut _Cart 4 1 Li (,(N (4,1-- relteu \ 0 - -- i --------_ (1 (1 il 6 1 r i v. °I (4 _ , „_. _,. 1 , .., ' i ),. : ‘,/ 1 . , ( I'', r . . I': I ,=' ' ' , i : ' r I ' '- II 1 i , 1 t (..1' L -----------:_:: , k 1 L k 7 i 98 CITY COUNCIL LETTER Meeting of December 12, 2011 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: 1 :1„,„ Revocation U/ DATE: December 5, 2011 DATE: NO: 2011 -150 to 2011 -154 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2011 -150 — 1308 -10 Circle Terrace Blvd. 2011 -151 — 1313 -15 Circle Terrace Blvd. 2011 -152 — 679 -81 46 Avenue 2011 -153 — 4124 5 Street 2011 -154 — 4628 -30 Polk Street for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2011 -150, 151, 152, 153, and 154 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2011 -150, 151, 152, 153, and 154 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. COUNCIL ACTION: 100 RESOLUTION 2011 -150 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 Jayne Fragale (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 1308 -10 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 November 17, 2011 of an public hearing to be held on December 12, 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 October 6, 2011 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 17, 2011 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on December 2, 2011 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. 1308 - Shall repair the water damaged walls /ceiling in the hallway, 1st floor b. 1308 - SHALL IMMEIATELY REPLACE /REPAIR THE MISSING/NON- WORKING SMOKE DETECTOR IN THIS UNIT 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F11405 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. 101 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 102 RESOLUTION 2011 -151 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 Jayne Fragale (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 1313 -15 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 November 21, 2011 of an public hearing to be held on December 12, 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 October 18, 2011 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 21, 2011 inspectors for the City of Columbia Heights perfoi ined a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on December 2, 2011 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Shall scrape and paint wherever there is peeling paint on the structure. - Soffits 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number Fl 1275A 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. 103 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 104 RESOLUTION 2011 -152 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 SAR Investments, LLC (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 679 -81 46 Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 22, 2011 of an public hearing to be held on December 12, 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 October 20, 2011 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 22, 2011 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on December 1, 2011 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Shall secure the electrical mast to the building 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F11115 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. 105 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 106 RESOLUTION 2011 -153 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 Michael Nehmzow (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4124 5th Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 15, 2011 of an public hearing to be held on December 12, 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 October 5, 2011 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 15, 2011 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on November 30, 2011 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Shall repair the open fascia on the building 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F11038 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. 107 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 108 RESOLUTION 2011 -154 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 Shoemiller Properties, LLC (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4628 -30 Polk Street, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 28, 2011 of an public hearing to be held on December 12, 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 June 8, 2011, inspection office staff sent a letter requesting the owner of the property complete the rental licensing process by scheduling an inspection with the Building Official. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on November 28, 2011 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to schedule an rental license reinspection with the Building Official 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F11127 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 109 day of posting of this Order revoking the license as held by License Holder. Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 110 CITY COUNCIL LETTER Meeting of December 12, 2011 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: December 5, 2011 DATE: NO: 2011 -155 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at 2011 -155 — 3946 Central Avenue N.E. for failure to meet the requirements of the Property Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2011 -155 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2011 -155 being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 111 RESOLUTION 2011 -155 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Screen Concepts /Gilbert Becker (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 3946 Central Avenue, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on November 17, 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 September 9, 2011 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on November 17, 2011 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 29, 2011 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Dept tinent, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove all outside storage around the business. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3946 Central Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 112 ORDER OF COUNCIL 1. The property located at 3946 Central Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 113 CITY COUNCIL LETTER Meeting of: December 12, 2011 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: First Reading - Modification to Wine and BY BY S ,p Strong Beer License for Restaurants DATE: December 5, 2011 Background Information: The subject item was presented at the November 22, 2011 Economic Development Authority within the perspective of expanding economic opportunities in the city relevant to restaurants. Staff is of the opinion that one of the economic development opportunities for the city to capitalize on is the success that Northeast Minneapolis has been able to capture as an entertainment venue for restaurants and their art district branding. It is staff s opinion that one of the large impediments to securing restaurants in this community is the current strong beer and wine license requirement for restaurants that demands a minimum of 75 seats and a distance requirement of 300 feet from schools or churches. This type of license requires that at least 60% of the gross receipts be generated by food to ensure that the spirit and intent of the facility being a restaurant remains, and this percentage is dictated by state law. The State minimum requirement for seating is 25 seats with no distance separation requirements. Staff is recommending an Ordinance change to match the State seating minimums and to eliminate the separation requirements. Staff is not aware of the rationale for the City's policy to triple the requirement, but both the City Attorney and Chief of Police view that the change to 25 seats is not a problem from their individual discipline perspectives and support the change. The EDA viewed this as a positive change and recommended that this be reviewed in the affirmative by the Council on a vote of 6 to 1. Staff already had this item on our annual internal work plan but a real life example has presented itself. Attached is a letter, dated November 15, 2011, from Pat Sukhtipyaroge, who is opening the Royal Orchard at 4022 Central Ave NE. This location will have around 40 seats, and as such, is not eligible for a strong beer and wine license. As additional information, attached is a chart that illustrates how ten other cities handle this type of license and based on a question at the EDA meeting, a chart is attached that shows all of the various type of liquor licenses that the city can issue. Only the wine with strong beer for a restaurant is being amended by this action. Recommendation: Staff recommends approval of this first reading as written. Recommended Motion: Motion: Move to waive the reading of Ordinance No. 1605 there being ample copies available to the public. Motion: Move to set the second reading of Ordinance No. 1605 for Monday, January 9, 2012 at approximately 7:00 p.m. in the City Council Chambers. Attachments: Ordinance No. 1605, Letter from Sukhtipyaroge, EDA Minutes and Liquor Classification Chart. COUNCIL ACTION: 114 ORDINANCE NO. 1605 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO ON -SALE WINE LICENSES AND REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 5, Article 5, Section 5.505 (B) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 5.505 On -Sale Wine Licenses (B) "On -sale wine" licenses shall be granted only to restaurants which are conducted in such a manner that at least 60% of the annual gross receipts of the establishment must be derived from or attributable to the sale of food. Such establishment shall have facilities for seating not less than 75 25 guests at one time. A hotel shall be eligible for an on -sale wine license provided that, of that part of the total annual gross receipts attributable to or derived from the serving of food and wine, 60% or more of the annual gross receipts for a license year is the serving of food, the dining area must seat a minimum of 75 25 people at tables, and the hotel must have a minimum of ten rooms. Chapter 5, Article 5, Section 5.505 (K)(6) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 5.505 On -Sale Wine Licenses (K) No license shall be granted to any person: (6) No license shall be issued to any applicant for a location within 300 feet of any school or church, unless such license has been previously approved when no school or church was so situated. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: December 12, 2011 Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 115 EDA Minutes Page 17 November 22, 2011 7. Liquor License Discussion Staff is of the opinion that one of the economic development opportunities for the city to capitalize on is the success that Northeast Minneapolis has been able to capture as an entertainment venue for restaurants and their art district branding. It is Staff's opinion that one of the large impediments to securing restaurants in this community is the current strong beer and wine license requirement for restaurants that demands a minimum of 75 seats and a distance requirement of 300 feet from schools or churches ( See attached City Ordinance, in part, Section 5.505). This type of license requires that at least 60% of the gross receipts be generated by food. The State requirement is 25 seats with no distance restraint and staff is recommending an Ordinance change to match the State minimum of 25 seats. Staff is not aware of the rationale for the City's policy to triple the requirement, but both the City Attorney and Chief of Police view that the change to 25 seats are not a problem from their individual discipline perspectives and support the change. Staff already had this item on our annual internal work plan but a real life example has presented itself. Attached is a letter, dated November 15, 2011, from Pat Sukhtipyaroge, who is opening the Royal Orchard at 4022 Central Ave NE. This location will have around 40 seats, and as such, is not eligible for a strong beer and wine license. As additional information, attached is a chart that illustrates how ten other cities handle this type of license. Staff views that by changing the licensing requirements that the city creates an additional opportunity for restaurant development and that there is not a down side for this amendment to the Ordinance. Staff seeks a discussion on this topic with the EDA and if there is a consensus to proceed, the City Council would be the acting agent for the license amendments. Questions from members: Peterson said he has no problem with changing the Ordinance. Diehm stated she also has no problem with changing it. She said the small establishments are less troublesome than large venues most often. Motion by Schmitt, seconded by Szurek to have the City Council consider a license change for hard beer and wine license requirements reducing the seating requirement from 75 to 25 seats, with no distance requirements. Roll Call: Ayes- Diehm, Schmitt, Szurek, Peterson, Herringer, and Williams. Nays: Nawrocki 116 cl) lf) a) :..51 a) c.) 0 01) • 64 ,0 (4) o o V .0 0 0 P, ‘4 CI . ,-4 ' g tu0 ) , N P 1-4 Ct ( I) A 2 cl 2 . N .0 Q 1-4 al, n 0 '1 , 0 > . .0 8 $.4 - 8 v" H 'Li - 8 E V cu 4) o -1 0 8 E Q o o ta izi . ' G 0 E la' .--. 4, 0 .. 4 -o 4) I' g $ ,.. , b 0 0-4 N . -4 "g T o 4—. 4.; 8 4-. - -1- • • pp V1 ( " 1 ; 0 1- 6 0 •C 0 F.: b' 53 8 ;H 0, 0 c0 .0 tilt I-. •,-, 0 CD 0 co C..? 0 4-1 0 .1 • Q 0 ci) •,-1 C:1 i4 — 1 c..i E 0 l' ft •••••■ a) ,-, -0. .174 • .5 v — g Ei ---. P r il 4—■ in 1-4 a) I, — \ --, ._.4 ,44 co 0Q ••/- iii ° f2:1 9 o , c) ■Z' g c") ,':', $ V es ' c1 z .4, 0 • , 0 6 a) --( P:1 03 0 4-. C'1 vr 7 3 pi o 4) 1 N 2 c/a c..; o 0 cn •J 4) PA ej 0 4.) 74 1-0 (1) 73 fsi (/) re) — 4e 'a v w) 0 Royal Orchid 2440 Cypress 5t Maplewood, MN 66109 Best Thai Restaurant December 1, 2011 590 40 Ave. NE Columbia Heights, MN 55421 Dear Mayor Gary Peterson: My name is Pat Sukhtipyaroge. We have been in business for over 20 years. .We are starting our fourth Thai restaurant on 4022 Central Ave. NE. Our restaurant is scheduled to open in October of this year. I had just found out after to signing my lease that there is an ordinance that limits a strong beer and wine license to restaurants that have 75 seats or more. Our location only allows for 50 seats. I have been working with the community development director, Mr. Scott Clark, and he has suggested that I write this letter to you requesting the matter to be put on the agenda for the upcoming council meeting. Having the sale of strong beers and wine, especially Singha and other oriental import beers and wine, have been an integral part to our sales. Being able to offer a selection of import beers provides an enjoyable experience for our customers. We would like to request a modification to said ordinance or hopefully be provided with a variance to allow us the sale of strong beers and wine. We have had the license at our previous locations and our last location only allowed for 50 seats. Sincerely, Pat Sukhtipyaroge Vice President, Royal Orchid 1 1 18 CITY COUNCIL LETTER MEETING OF: DECEMBER 12, 2011 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: BEING A RESOLUTION ADOPTING A BY JOE KLOIBER BY BUDGET FOR THE YEAR 2012, SETTING THE CITY LEVY AND APPROVING THE HRA LEVY DATE: DECEMBER 8, 2011 NO: The attached resolution consists of the City Manager's 2012 proposed budget discussed with the City Council at four work sessions and various regular meetings this past year, as modified by the attached list of changes to the budget also discussed with the Council. Of course, the development of the 2012 budget actually began in 2009 with the development of the City's original four -year financial plan to reduce dependency on state aid. In 2010, at the direction of City Council, this was then revised to a five -year plan. The attached resolution includes language reaffirming the council's commitment to long range financial planning. The 2012 levies in the attached resolution remains the same as in resolution 2011 -95 approved by the Council in September. As discussed with the City Council, this is an increase of 3.98% in the total City levy (operating and debt) collected from the taxpayers, consistent with the five -year plan, but at the same time it is also a 3.1% decrease in the amount due to the City, as a result of the state's elimination of the homestead credit. Note that most homestead property will have little or no increase however, because the state's new homestead exclusion skews the 3.98% increase more heavily to commercial property. The HRA levy included in the attached resolution reflects a 9.2% decrease from 2011. On a side note, prior to 2009, state statutes required a separate Truth in Taxation budget hearing on the first Monday in December. Statutes have since changed and no longer require a separate hearing. Therefore, the annual budget resolution is now included in the "items for consideration" section of the agenda. RECOMMENDED MOTION: Move to waive the reading of Resolution 2011 -149, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2011 -149 being a RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2012, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. JK:nb 1112081 COUNCIL Attachments: Resolution 2011 -149 Budget Cuts and Add -backs Five -year Plan COUNCIL ACTION: 119 RESOLUTION 2011 -149 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2012, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2012 is hereby approved and adopted with appropriations for each of the funds listed below. Expense General Fund 10,428,709 Community Development Fund 229,741 Economic Development Fund 340,154 State Aid 164,093 Cable Television 103,815 Library 798,375 Infrastructure 160,797 Capital Improvement 395,505 Capital Equipment Replacement Funds 418,021 Construction Funds 1,707,400 Central Garage Fund 676,232 Liquor Operating 8,450,146 Liquor Capital /Non - Operating 682,667 Water Utility Fund 2,645,181 Sewer Utility Fund 1,915,831 Refuse Fund 1,687,643 Storm Sewer Fund 375,076 Data Processing 331,825 Debt Service Fund 2,657,323 Total Expense Including Interfund Transfers 34,168,534 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general advalorem tax levies and use of fund balances, as hereinafter set forth for the year 2012 Revenue General Fund 10,428,709 Community Development Fund 229,741 Economic Development Fund 340,154 State Aid 164,093 Cable Television 103,815 Library 798,375 Infrastructure 160,797 Capital Improvements 395,505 Capital Equipment Replacement Funds 418,021 Construction Funds 1,707,400 Central Garage Fund 676,232 Liquor Operating 8,450,146 Liquor Capital /Non- Operating 682,667 Water Utility Fund 2,645,181 Sewer Utility Fund 1,915,831 Refuse Fund 1,687,643 Storm Sewer Fund 375,076 Data Processing 331,825 Debt Service Fund 2,657,323 Total Revenue Including Interfund Transfers 34,168,534 RESOLUTION 2011 -149 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2012, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. Section C. The following sums of money are levied for the current year, collectable in 2012 upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy 7,590,129 Estimated Library Levy 765,195 Estimated EDA Fund Levy 84,811 Total 8,440,135 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2012 in the amount of $ 218,343. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2012 that is higher than the tax rate calculated for the City for taxes levied in 2010 collectable in 2011. BE IT FURTHER RESOLVED : That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2003A in the amount of $44,200 and General Obligation Bond Series 2006A in the amount of $102,990, and that the County Auditor is authorized to cancel the related Bond Levies in their entirety for taxes payable in 2012. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2008B in the amount of $225,000 and that the County Auditor is authorized to cancel $225,000 of the related Bond Levy for taxes payable in 2012, leaving a balance of $435,300 to be levied for taxes payable in 2012 for Series 2008B. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2009A in the amount of $103,973, and that the County Auditor is authorized to cancel $103,973 of the related Bond Levy for taxes payable in 2012, leaving a balance of $126,274 to be levied for taxes payable in 2012 for Series 2009A. BE IT FURTHER RESOLVED: That the City Council is committed to the long range financial planning concept of the five year budget plan. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this 12th day of December 2011 Offered By: Schmitt Seconded By: Williams Roll Call: Ayes: Peterson, Williams, Diehm, Schmitt Nays: Nawrocki Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk City of Columbia Heights List of 2012 Budget Changes Prepared 12/1/11 Totals Budget Decreases Fund 411 Capital Improvements General Government Buildings Renovate City Hall entrance and memorial, including design /landscaping - 70,000 Digital sign at City Hall - 30,000 - 100,000 Budget Increases None 0 Continuation of 2011 Budget Authority to 2012 For Projects Not Yet Completed Fund 101 General Sealcoat Murzyn parking lot 8,000 Fund 411 General Government Buildings City Hall LED sign 30,000 City Hall boiler work 140,000 170,000 Fund 439 Fire Capital Equipment Replace rescue vehicle #3 44,000 Fund 701 Central Garage Municipal Service Center yard: Stormwater and safety improvements 28,000 Total 150,000 122 City of Columbia Heights 5 Year Budget Plan Detail of Projected Levy Increases Prepared 10/01/2010 Levy Year 2010 2011 2012 2013 2014 1 Purpose for Levy Increase 2 Wage Increases (approved in 2007) 253,025 3 Utility Maintenance Expense 4 New Public Safety Building 300,000 5 New Gym 85,000 6 Fund Balance Used in Prior Years 7 Makeup Lost LGA & Inflation 200,000 700,000 350,000 400,000 350,000 8 Total Operating Levy Increase 838,025 700,000 350,000 400,000 350,000 9 Murzyn Hall Improvement Levy 93,640 10 Add'I Public Safety Bond (2 Million) 136,000 11 Increase in Pub Safety Bond Payment 304,500 12 TIF District Offset (304,500) 13 Total Debt Levy Increase 229,640 - - - - 14 Total Projected Levy Increase 1,067,665 700,000 350,000 400,000 350,000 15 16 2010 2011 2012 2013 2014 17 Prior Year Debt Levy 488,246 1,023,283 674,619 699,619 699,619 18 Prior Year General Levy 7,214,117 8,052,142 8,752,142 9,102,142 9,502,142 19 Total Prior Year City Levy 7,702,363 9,075,425 9,426,761 9,801,761 10,201,761 , 20 21 Total Current Year General Levy 8,052,142 8,752,142 9,102,142 9,502,142 9,852,142 22 Increase From Prior Year 838,025 700,000 350,000 400,000 350,000 23 % Increase for General Operations 10.88% 7.71% 3.71% 4.08% 3.43% 24 Certified Debt Levy 1,023,283 1,024,619 1,024,619 1,024,619 1,024,619 25 Fund Bal used to offset Debt Levy 350,000 325,000 325,000 300,000 26 Reduced Debt Levy 1,023,283 674,619 699,619 699,619 724,619 27 Total levy 9,075,425 9,426,761 9,801,761 10,201,761 10,576,761 28 Off set for decertifed TIFF district 304,000 29 Effect of levy adj for TIFF offset 8,771,425 30 % Increase for Total Levy 13.88% 3.87% 3.98% 4.08% 3.68% 31 % Increase for Debt 3.00% -3.84% 0.27% 0.00% 0.25% Revenue & Exp Projections 2010 2011 2012 2013 2014 Operating Levy 8,052,142 8,752,142 9,102,142 9,502,142 9,852,142 LGA 425,338 425,338 425,338 - - Other Revenue 2,049,878 1,898,118 1,898,118 1,898,118 1,898,118 Total Revenue 10,527,358 11,075,598 11,425,598 11,400,260 11,750,260 Expense 10,975,537 11,075,598 11,297,110 11,523,052 11,753,513 Fund Bal (Used) Increase (448,179) - 128,488 (122,792) (3,253) Exp Increase for Inflation: Percent 0% 0.91% 2.00% 2.00% 2.00% Amount - 100,061 221,512 225,942 230,461 123