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HomeMy WebLinkAbout02/13/2012 Regular Meeting CITY OF COLUMBIA HEIGHTS Mayor 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.coiumbia- heiehts.mn.us Robert A. Williams Bruce Nawrocki Tammera 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., Monday, February 13, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of C olumbia 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 Ci ty 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. ILander present a Columbia Heights documentary by: Hannan Minhad 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve City Council meeting minutes MOTION: Move to approve the minutes of the January 18, 2012 Seal Coat Hearing. p6 MOTION: Move to approve the minutes of the January 18, 2012 Street Rehab Hearing. p9 MOTION: Move to approve the minutes of the January 23, 2012 City Council meeting. p12 B. Accept minutes of the Boards and Commissions MOTION: Move to accept the January 4, 2012 minutes of the Library Board. p21 MOTION: Move to accept the October 20, 2011 minutes of the Charter Commission. p23 MOTION: Move to accept the February 8, 2012 minutes of the Planning and Zoning p25 Commission. C. Approve 2012 Council /Staff Liaison Assignments p34 3 City Council Agenda Monday, February 13, 2012 Page 2 of 3 MOTION: Move to approve the 2012 Council /Staff Liaison Assignments. D. Approve Gambling Permits, Immaculate Conception Church: Bingo Event on March 24, 2012 and Fun Fest on August 10, 11 and 12, 2012 p36 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and raffles at their event being held March 24, 2012 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo, raffles and pull -tabs at their Fun Fest event being held August 10, 11 and 12, 2012 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty - day notice to the local governing body. E. Adopt Resolution 2012 -15, being a Resolution to agree to the subordination of the City p49 Mortgage to Summit Mortgage in the amount of $117,160. MOTION: Move to waive the reading of Resolution 2012 -15 there being ample copies available to the public. MOTION: Move to adopt Resolution 2012 -15, being a Resolution to agree to the subordination of the City Mortgage to Summit Mortgage in the amount of $117,160. F. Approve the Business License Applications p56 MOTION: Move to approve the items as listed on the business license agenda for February 13, 2012 as presented. G. Approval of attached list of rental housing applications. p58 MOTION: Move to approve the items listed for rental housing license applications for February 13, 2012 in that they have met the requirements of the Property Maintenance Code. H. Review payment of the bills p61 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 142200 through 142483 in the amount of $3,013,089.50. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Liquor Application for Columbia Grill at 4005 Central Ave p72 MOTION: Move to approve a Liquor License for Laadahl LLC at 4005 Central Avenue per conditions as stated on Attachment A, dated February 13, 2012 and entitle "Conditions for Approval of Liquor License for Laadahl LLC -4005 Central Ave ". B. Adopt Resolution 2012 -016 being Resolution for the Approval of a Conditional Use Permit for a p77 minor automobile repair facility at 836 — 40th Avenue NE. 4 City Council Agenda Monday, February 13, 2012 Page 3 of 3 MOTION: Move to waive the reading of Resolution 2012 -016, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2012 -016, approving the Conditional Use Permit for a minor automobile repair facility located at 836 — 40th Avenue NE, subject to the conditions outlined in Resolution No. 2012 -016. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his /her name and address for the record. 10. ADJOURNMENT Walter R. Fehst, City Manager WF /pvm 5 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS SPECIAL MEETING — SEAL COAT WEDNESDAY, JANUARY 18, 2012 The following are the special meeting minutes for the Public Improvement Hearing of the City Council held at 6:30 p.m. on Wednesday, January 18, 2012 in the City Council Chamber, City Hall, 590 40 Avenue NE, Columbia Heights, MN. CALL TO ORDER/ROLL CALL Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt PUBLIC IMPROVEMENT HEARING: 2012 SEAL COAT IMPROVEMENT PROGRAM A) Street Seal Coat Project 1) Presentation of Information on Seal Coat Project by Staff Kevin Hansen, Public Works Director, listed the project area and indicated the difference between streets. Streets that are completed for the first time, the City pays for. The work is done in mid to late summer. Staff preps the streets. They are then seal coated and swept. The payment term is one year, if assessed to the property's tax. The estimated unit cost assessment is $297 per street parcel and $99 per avenue parcel. Walt Fehst, City Manager, questioned the type of rock used. Hansen stated that we use the smaller trap rock. Nawrocki questioned the last time this area was seal coated. Hansen stated it was in the 2003 street work zone. The last seal coat was prior to 1993. Schmitt questioned the church property assessment cost compared to the resident cost. Hansen stated that this church is being assessed at the avenue rate. The church is 60 units. 2) Questions and Comments on Seal Coat Project Gregory Sloat, 4731 6 Street NE, stated in November he paid an assessment for seal coating and asked if this is additional. Hansen stated this work does not include his street. Mona Anderson, 4132 Stinson, questioned who pays for the area in front of the parks. Hansen stated that the City pays for them. She questioned if there is a way for churches to not have to pay this. Hansen stated that churches have been assessed for street work for the last 40 years. The only deferral available is for senior citizens. Jerry Murdock, 4031 4 Street, stated that he cannot afford this assessment. He requested the Council give residents a break for four or five years. Hansen stated that street rehab would be covered under the next hearing. Schmitt questioned how the city assesses itself. Hansen stated the rate is calculated by units and paid by the city. Nawrocki questioned how many parcels the Public Service building is considered. Hansen stated he would research this. 6 City Council Minutes January 18, 2012 Page 2 of 3 B) Close the Public Hearing Peterson closed the Public Hearing for the 2012 Street Seal Coat, Project 1201. C) Consideration of Resolution Motion by Williams, second by Schmitt, to waive the reading of Resolution 2012 -05, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2012 -05, being a resolution ordering improvement and preparation of plans for Zone 6 Street Seal Coating, City Project 1201. Upon vote: All ayes. Motion carried. ADJOURNMENT Mayor Peterson adjourned the meeting at 6:50 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION 2012 - 05 BEING A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR ZONE 6 STREET SEAL COATING CITY PROJECT 1201 WHEREAS, pursuant to Resolution 2011 -130, adopted by the City Council on November 14 2011, fixed a date for a Council hearing on the proposed improvements in the Zone 6 area bounded by University Service Drive and Central Avenue from 40 Avenue to 44 Avenue. AND WHEREAS, ten days' mailed notice and two published notices of the hearing a week apart were given, and the hearing was held thereon the 18 day of January, 2012, at which time all persons desiring to be heard were given an opportunity to be heard thereon, WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the location and extent of such improvements is as follows: 5 Street 40 Avenue to 44 Avenue Jackson Street 40 Avenue to 41 Avenue 41 Avenue 4 Street to Central Avenue 42 Avenue University Service Drive to Central Avenue 43 Avenue 4 Street to Central Avenue Work includes spot concrete curb and gutter replacement, edge milling, bituminous surface patching and seal coat application. 2. Such improvement is necessary, cost - effective and feasible as detailed in the feasibility report. 7 City Council Minutes January 18, 2012 Page 3 of 3 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 14 day of November, 2011. 4. These improvements shall also be known as Project No. 1201 and PIR: 2012 -Z6 -01 -001. 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 8 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS SPECIAL MEETING - STREET REHAB WEDNESDAY, JANUARY 18, 2012 The following are the special meeting minutes for the Public Improvement Hearing held at 6:45 p.m. on Wednesday, January 18, 2012 in the City Council Chamber, City Hall, 590 40 Avenue NE, Columbia Heights, MN. CALL TO ORDER/ROLL CALL Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt PUBLIC IMPROVEMENT HEARING: 2012 STREET REHABILITATION PROGRAM FOR ZONE 7 A) Street Rehabilitation Projects 1) Presentation of Information on Street Rehabilitation Projects by Staff Kevin Hansen, Public Works Director, explained the Zone 7 project areas. It takes eight years to complete a cycle through the 66 miles of streets in the city. The goal is to do the right thing at the right time. Each of the streets go through an in -depth analysis. Hansen explained the three types of road work and the analysis completed for each. 2012 road reconstruction is scheduled for 4 Street from 40 to 42 " Avenue, 3` Street from 42 Avenue to 44 Avenue, and Summit Street from 5th Street to 40 Avenue. The goal is to preserve and extend the life of the street. Hansen described cost sharing and the variance per the type of work. The city pays for 50% of Full Street Reconstruction. The city pays for 15% of Street Mill and Overlay. The estimated cost for 4 Street is $3,249 and overlay is $1,813. Following construction, the City Council will set the interest rate. He indicated that the cost can be reduced at the assessment hearing, but cannot be higher. He explained the extensive review of the roads and the consistency used over the years in the entire community. Hansen referred to comments by residents at the informational meeting on their lack of ability to pay. Hansen recommended street reconstruction and indicated an alternate to continue with the mill and overlay and the delay street reconstruction of 4 Street for three years. The road will continue to deteriorate and current construction costs are as low as you will see them. We can assume costs will increase with any improvement to the economy. 2) Questions and Comments on Street Rehabilitation Projects Nawrocki questioned CIMF streets. Diehm stated that is "commercial industrial multi - family ". He stated he did inspect the streets and they look to have life left in them. He agreed with holding off on 4 Street for a couple of years, and recognized that we will probably not get any better bids than at this time. Hansen stated the recommendation is to continue with the mill and overlay, as the street has not had work done on it since 1945. The longer you delay on these streets, the more the need will be to do full reconstruction. Williams stated that we have a lower interest rate on a longer payoff. Hansen stated that Council has set the interest rate lower than recommended in the past. Peterson questioned the terms of the assessments. Hansen stated that mill and overlay is assessed over 10 years and street reconstruction is assessed over 15 years. Peterson listed the amount of the assessments at this time and asked if in three years whether 4 Street would need full reconstruction. Hansen stated he could not say for sure, but that may be possible. Peterson stated that we do this as economically as possible. Schmitt questioned the number of parcels for the church. Hansen stated 4141 University has 4.9 parcels, 4120 has 1.4 parcels, and 4100 has 2.8 parcels. Schmitt asked what the church was charged for street work several years ago. Hansen stated about $6,000. Nedium Irg, 3969 5 Street, agreed that Summit Street is like a spider web. It is a street only used by a few people. He stated his taxes increased $1,800 this year. He questioned when the sewer lines were replaced. Hansen stated the utilities have been reviewed also. We have relined the sewer in that 9 City Council Minutes Monday, January 18, 2012 Page 2 of 3 area and the others in the area are adequate. Tamera Sadlo, 514 Summit Avenue, stated that her driveway is in the front only and her worry is about the construction time line. Hansen stated that the timeline would be when the milling machine would go by the driveway, but is a very short term of a day or less. Greg Ingle, representing 4140 4th Street, Oak Hill Baptist Church, applauded the analysis used on the streets. He questioned the pressure and vibration process, which Hansen explained to him. There are economic advantages to doing the work at this time. He referred to the past assessment to the church. The plan for the $534 for oil treatment and for 4 Street is $42,453.60. This property is classified as commercial, even though they are a non - profit organization. He is looking to find how the cost can be covered, possibly with cost sharing. Dan Nossle, has family living on Summit Street, disagreed with the interest rates. Hansen stated that the interest rate chosen by the Council was five percent. He questioned if road use is used in the analysis. Hansen stated that traffic counts are not included. Nossle stated that the road is only used by the residents and does not need repair. He questioned the senior deferment. Hansen described the option to defer half of the assessment. Nawrocki stated there is interest on the deferment. Mike Barankiewicz, 4115 4 Street, does not understand the type of repairs. Does reconstruction include utilities? Hansen explained the process and stated that the sanitary sewer was lined this year which lasts about 30 -40 years, the water main will last 80 -100 years, and the gas line was also just completed. Hansen stated that the contractor will ramp driveways when there is no access. Gerry Murdock, 4031 4 Street, stated that he and other neighbors on his street cannot afford an assessment at this time. Sundre Wallace, 546 Summit Street, stated she is on disability and going to the food shelves. Summit Street does not get driven on. Joel Fantil, 4141 University, Oak Hill Baptist, questioned why churches are considered commercial property. Hansen stated that the initial program addressed a subsidy for single family homes only. Churches are considered institutional. Diehm questioned if city parks are a full assessment. Hansen stated yes. Nawrocki stated that churches have quite a few cars and anticipated usage was considered. Nedium Irg spoke again, stating that he is assessed as multi - housing commercial. Hansen stated that only single family homes are discounted. Nedium stated his is overpaying on his trash. Fehst stated he discussed this with him previously and explained the city policy. Peterson stated that there is a difference in cities and Irg is multi- family residential. Gregory Sloat, 4731 6 Street, questioned the typical life span of a street. Hansen stated a newly constructed street can have a life of 60 -100 years, with proper maintenance. Sloat suggested spreading the assessment over a longer period of time. Diehm stated that 4 Street is all ready in need of a total reconstruction and she does not see the harm in delaying it. The cycle can continue. If we can do a mill and overlay on the other streets and delay the triple cost of a reconstruction in three years it would be a cost saving. Schmitt stated that 4 Street does need repairs. Hansen stated that patching will be done to keep the street passable. 10 City Council Minutes Monday, January 18, 2012 Page 3 of 3 B) Close the Public Hearing Mayor Peterson closed the Public Hearing of the 2012 Street Rehabilitation Project No. 1202. C) Consideration of Resolution Resolution 2012 -06 - 2012 Street Rehabilitation as proposed with reconstruction and overlays — not approved 2012 Street Rehabilitation with overlays only Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2012 -07, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution 2012 -07, being a resolution ordering improvements and preparation of plans for Zone 7 Street Rehabilitation, City Project 1202. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. ADJOURNMENT Peterson adjourned the meeting at 7:52 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION 2012 -07 BEING A RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS FOR ZONE 7 STREET REHABILITATION CITY PROJECT 1202 WHEREAS, Resolution 2011 -131 of the Columbia Heights City Council adopted the 14 day of November, 2011, fixed a date for a Council hearing on the proposed improvement bounded by California /Main Street on the west, University Avenue on the east, 37 Avenue on the south, and 45 Avenue on the north, together with University Avenue on the west, 37 Avenue on the south, Central Avenue on the east and 40 Avenue on the north. AND WHEREAS, ten days' mailed notice and two published notices of the hearing a week apart were given, and the hearing was held thereon the 18 day of January, 2012, at which all persons desiring to be heard were given an opportunity to be heard thereon. WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the location and extent of such improvements is as follows: STREET MILL AND OVERLAY 3 Street, 42 " Avenue to 44 Avenue Sum mit Street, 5 Street to 40 Avenue Work includes required utility reconstruction /repair, spot replacement of curb and gutter with required concrete or bituminous driveway and walk/step replacement, milling of existing street surface, new bituminous surfacing, sod restoration, miscellaneous construction items, and appurtenances. 2. Such improvement is necessary, cost - effective, and feasible as detailed in the feasibility report. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 14 day of November, 2011. 4. These improvements shall also be known as Project 1202 and PIR: 2012 -Z7 -44 -001 for Street Mill and Overlay. 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 11 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, JANUARY 23, 2012 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, January 23, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL /INVOCATION Revenend Bob Lyndes, Crest View Communities, gave the Invocation. Present: Mayor Peterson, Council member Nawrocki, Council member Diehm, Council member Schmitt Absent: Council member Williams PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Peterson removed Resolution Numbers 2012 -12 and 2012 -11, as the rental license has been brought into compliance. Peterson added the Fire Association appointments under New Business. Nawrocki — cost of doing business at liquor store, citizen academy library task force COM dev task force and Anoka County newsletter. 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Recognition of POC Firefighter Tim Ryan Fire Chief Gary Gorman gave recognition to Paid On Call (POC) Firefighter Tim Ryan. Ryan served four years in the Explorers Program and 17 years as a POC firefighter. He is a hard worker and uniquely graceful. He married one of our other POC. Gorman presented Ryan with a plaque for his service. Ryan spoke of his years of service and the pleasure to work for this department. Fehst stated his appreciation for the work he has done and wished him good luck. Peterson added the appreciation of the Council for his years of service and thanked his wife. B. Allina Stork Pin Awards Gorman stated that on December 11 Shannon Abbott (POC) and Firefighter Tom Mattson arrived on a birth call on 3 Street. Dave Matteson, Allina Operations Transportation, presented the Stork Pin award to Abbott and Mattson. Matteson explained the difficulties with this type of delivery. He stated that they are fortunate to have the training of the Columbia Heights Fire Department to help them. C. Library - Winter Jackets (adult) and Book Warms (children) reading programs Renee Dougherty spoke on the library winter reading program called Winter Jackets. Author Julie Kramer will visit the library on February 8th. The library is also collecting donations of warm beverages for the food shelf. Mia Kaoxiong, Children's Librarian, spoke of the unique Book Warns children and teenager reading program. Miscellaneous 12 City Council Minutes Monday, January 23, 2012 Page 2 of 9 Peterson indicated that past Council member Rita Petkoff passed away a week ago Friday. She served from1982 -1990 and seven months in 1995 to help fill a vacancy. Nawrocki stated that Roy Hedblath, who served in our police department, has also passed away. CONSENT AGENDA Nawrocki requested to remove items B, E, F, G, H, J, and K for discussion. City Manager Walt Fehst took Council members through the remaining consent agenda items A. Approve City Council meeting minutes Motion to approve the minutes of the January 9, 2012 City Council meeting. B. Establish Local Board of Appeal and Equalization meeting date for Monday, April 9, 2012 at 6:00 p.m. — removed C. Appointment to the Economic Development Authority. Motion to approve the Mayor's appointment of Gerald Herringer to the vacant six year EDA position. D. Approve Raffle, Little Voyageurs' Montessori School, St. Timothy's Church Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted by Little Voyageurs' Montessori School at St. Timothy's Lutheran Church, 825 51st Avenue, Columbia Heights, on April 29, 2011; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. E. Authorize Purchase of Police Vehicles - removed F. Approve Public Works Blanket purchase orders for 2012 budgeted items - removed G. Adopt Resolution 2012 -14, being a Resolution authorizing MnDOT Agreement 99724R for the signal replacement on TH 65 at 50th Avenue. - removed H. 2012 Agreement for Residential Recycling Program with Anoka County - removed I. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for January 23, 2012 in that they have met the requirements of the Property Maintenance Code. J. Approve Business License Applications - removed K. Review payment of the bills - removed Motion by Diehm, second by Schmitt, to approve Consent Agenda items A, C, D and I. Nawrocki stated that we are to appoint yearly the Council president. Schmitt stated that is only a suggestion and as we have no new members, she felt it would stay the same. Hoeft stated that it is not necessary unless someone wants to nominate someone else. Peterson stated it can be discussed later. Upon vote: All ayes. Motion carried. 13 City Council Nlinutes Monday, January 23, 2012 Page 3 of 9 B. Establish Local Board of Appeal and Equalization meeting date for Monday, April 9, 2012 at 6:00 p.m. Motion by Schmitt, second by Diehm, to establish the Local Board of Appeal and Equalization meeting date for Monday, April 9, 2012, at 6:00 p.m. in the City Council Chambers. Nawrocki stated this meeting should be part of the regular council meeting or recorded to play on cable. City Clerk Muscovitz stated that Anoka County determines the date and time of this meeting. We do not have the option of picking a time. Nawrocki requested that the cable cast on April 9 begin with the Board of Equalization meeting. Schmitt stated that would depend on the availability of the video technician. Upon vote: All ayes. Motion carried. E. Authorize Purchase of Police Vehicles Nawrocki stated these cars are more expensive than in the past and go faster. Police Chief Nadeau stated the cars ordered will replace the Crown Victoria, which is no longer being produced. This is the small platform car with a V6 engine. It should be more economical and has the benefit of all -wheel drive. This will be a cost savings and be a good fit for us. The vehicle outfitting will be a little more expensive, as we are not able to transfer all of the current equipment. Peterson indicated that most cities will now have to change their vehicle type. Nadeau explained the different types of vehicle available for police use. Fehst questioned the Turbo being rejected. Nadeau stated it was considered, but was determined unnecessary. Motion by Schmitt, second by Nawrocki, to authorize the purchase of two 2013 Ford Police Interceptor Sedan vehicles under the State of Minnesota bid, with funding to come from 431.42100.5150, in the amount of $49,380.22 and that the Mayor and City Manager are authorized to enter into a contract for same. These vehicles will be used as marked patrol cars. Upon vote: All ayes. Motion carried. Motion Schmitt, second by Nawrocki, to authorize the Police Chief to expend up to $30,553.00 to set up and outfit two marked patrol cars. Upon vote: All ayes. Motion carried. F. Approve Public Works Blanket purchase orders for 2012 budgeted items Nawrocki questioned the stop box repairs. Public Works Director Kevin Hansen stated one of these items is for delinquent accounts. We bid out our water line cleaning program also. We are analyzing the bids now. They are fixed rates. Motion by Diehm, second by Schmitt, approval to authorize staff to process blanket purchase orders in an amount not to exceed the 2012 budget amounts for: • De -icing salt for salt /sanding operations purchased off the State of Minnesota Purchasing Contract • Fuel (unleaded and diesel) for City vehicles from the State of Minnesota Purchasing Contract and the Anoka County Cooperative Agreement. • Bituminous asphalt for patching /paving City streets and alleys from Commercial Asphalt, or City of St. Paul, or T.A. Schifsky & Son's. • Curb stop and service repairs, for delinquent accounts and foreclosed properties. Upon vote: All ayes. Motion carried. G. Adopt Resolution 2012 -14, being a Resolution authorizing MnDOT Agreement 99724R for the signal replacement on TH 65 at 50th Avenue. 14 City Council Minutes NIonday, January 23, 2012 Page 4 of 9 Nawrocki stated that we had discussed doing work here, but MnDOT would not get involved. Hansen stated that we requested to have turn lanes included into this project; hov,ever that did not rank out for funding. The signal replacement is still planned. We are required to share in the cost for this. Hansen stated he met with the signal director and they are putting in lines for future turn lanes. The placement of the lights would not change. The additional costs were the painting of the poles and the backlit street sign. Nawrocki questioned the cost. Hansen stated that a new signal light is approximately $250,000. Motion by Diehm, second by Schmitt, to waive the reading of Resolution No. 2012 -14, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution 2012 -14, being a resolution authorizing the City Of Columbia Heights to enter into Agreement No. 99724R with MnDOT for the replacement of the traffic signals on Trunk Highway 65 at 50th Avenue. Upon vote: All ayes. Motion carried. Nawrocki questioned the five cluster indications. Hansen stated that is where the lights are to include flashing yellow for right turns. H. 2012 Agreement for Residential Recycling Program with Anoka County Nawrocki questioned the difference from the present agreement. Hansen stated it is a grant the County gets from the State to help with recycling. We previously received $5,100 and it will now be $4,800, which is affected by the household reduction determined by the census. Our tonnage requirement will also increase next year. Motion by Nawrocki, second by Schmitt, to authorize the Mayor and City Manager to execute the 2012 SCORE Agreement for Residential Recycling Program with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Program and with funding available up to $49,630 as reimbursement for eligible expenses. Upon vote: All ayes. Motion carried. J. Approve Business License Applications Nawrocki indicated that the courtesy bench license should require clean up around the site and asked if this is the same vendor. Diehm stated it is a new business. Nawrocki stated there should be a requirement for trash containers at their site. Hansen stated the current vendor was contacted and they did come and clean up the area. Schmitt stated that a container would be nice, but someone has to empty them. There are not trash containers at most shelters. People need to be more responsible. Peterson stated that people have to be responsible for their own trash. Some behavior shows that people will not walk two feet to a trash container. Fehst suggested reconsideration of this in the spring. We have people that use the available trash cans, but some people do not. Peterson suggested an "adopt a corner" project. Motion Schmitt, second by Diehm, to approve the items as listed on the business license agenda for January 23, 2012 as presented. Upon vote: All ayes. Motion carried. K. Review payment of the bills Nawrocki questioned check 142147 for the purchase of 4236 Cleveland from Anoka County. We paid $6,000 and used storm sewer construction funds. Hansen stated this came through the tax forfeiture system. It is on the extension of Cleveland and is a low lying area. It is a good purchase for future water quality issues. Diehm stated this is better than trying to purchase land under eminent domain. Hansen stated he would put together an aerial of the area. 15 City Council Minutes Monday, January 23, 2012 Page 5 of 9 Motion by Diehm, second by Schmitt, that in accordance with Minnesota Statue 412.271, subd. 8 the City Council has received the list of claims paid covering check number 142029 through 142199 in the amount of $1,144,471.39. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2012 -08, 3900 Jackson Street NE, and 2012 -09, 4414 Quincy Street NE being declarations of nuisance and abatement of violations within the City of Columbia Heights. Assistant Fire Chief John Larkin listed the violations at the respective properties. Nawrocki questioned the Jackson property. Larkin stated there are soffit areas missing. Motion by Diehm, second by Nawrocki, to close the public hearing and to waive the reading of Resolution Numbers 2012 -08, and 09 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution Numbers 2012 -08, and 09 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. B. Adopt Resolutions 2012 -10, 4223 7th Street N.E., 2012 -11, 5005 7th Street N.E., 2012 -12, 3807 Pierce Street N.E., and 2012 -13, 1827 41st Avenue, 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. Larkin stated the reasons for the license revocation request. Motion by Diehm, second by Schmitt, to close the public hearing and to waive the reading of Resolution Numbers 2012 -10, and 13 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution Numbers 2012 -10, and 13 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. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions - none B. Bid Considerations - none C. New Business and Reports Appoint Mayor and City Manager to the Fire Relief Association Motion by Nawrocki, second by Schmitt, to appoint the Mayor and City Manager to the Columbia Heights Volunteer Firefighters Relief Association Board of Trustees for 2012. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Schmitt, to elect Council member Diehm, as Council President. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager Fehst indicated that on February 6, the EDA will meet prior to the City Council work session. Work session items for discussion: insurance on water and sewer lines as suggested by Schmitt, 50 Avenue turn lane, property maintenance inspection process, Council corner, and 2012 staff liaison 16 City Council Minutes Monday, January 23, 2012 Page 6 of 9 assignments. Diehm suggested everyone check out our new web site. It has a great calendar. The new web site is very user friendly. Fehst indicated that the Citizens Academy began last Thursday. He presented information, along with the City Clerk and the Finance Director. Next Thursday is the Community Development Department's presentation. Nawrocki requested a short recess. Nawrocki again requested a presentation on the profitability of the liquor store, and information on the Citizens Academy and library task force. Fehst stated the Citizens Academy information was in the green sheet. The "how and who" of the library task force appointments was discussed. Nawrocki requested to know how many hours the gym is open. Fehst referred to a complaint received on the amount of heavy parking there. Nawrocki again questioned the profitability of the liquor stores and if principal and interest are included. Diehm suggested the Finance Department do a presentation on this in the spring at a City Council meeting. Nawrocki requested to be on the mailing list for information given to the Citizens Academy and the Library Task Force. Nawrocki referred to hearing of a possible task force being formed to review signage. Peterson indicated that the Council suggested the Planning and Zoning Commission review this and that Schmitt suggested also speaking to business owners. Nawrocki referred to a publication called the "Anoka County Record" and indicated he would like to receive a copy. Fehst suggested he contact them to be put on their mailing list. Schmitt stated that the Anoka County Herald is available on line. Nawrocki again requested to receive the publication. Diehm stated that it is available on line. Report of the City Attorney — nothing to report CITIZENS FORUM No one came forward. Peterson stated "don't take life too seriously and don't forget our service men and women. Show them our appreciation and remember them in our thought and prayers. Do a random act of kindness." ADJOURNMENT Mayor Peterson adjourned the meeting at 8:30 p.m. Patricia Muscovitz CMC City Clerk 17 City Council Minutes Monday, January 23, 2012 Page 7 of 9 RESOLUTION NO. 2012 -14 AUTHORIZING AGREEMENT NO. 99724R WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE REPLACEMENT and MAINTENANCE OF THE EXISTING TRAFFIC CONTROL SYSTEM ON TRUNK HIGHWAY 65 AT CENTRAL AVENUE WHEREAS, the traffic control system on TH 65 at 50 Avenue NE has reached its useful life; and, WHEREAS, MnDOT has planned to reconstruct the existing traffic controls system; and, WHEREAS, the cost of the improvements are apportioned based upon MnDOT's Signal Participation Cost Share Policy. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State for the City's share of the costs of the Signal System, APS, EVP System and Internally Lit Signs construction and other associated construction to be performed on Trunk Highway No. 65 (Central Avenue) at 50 Avenue NE within the corporate limits of Columbia Heights under State Project No. 0207 -93 and State Aid Project No. 113- 010 -021 (TH 65 =005), in accordance with the terms and conditions set forth and contained in Agreement No. 99724R, a copy of which was before the Council. BE IT FURTHER RESOLVED that the Mayor and City Manager be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. RESOLUTION 2012 -08 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 Shafer Richardson (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 3900 Jackson Street NE, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 1I, 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 29, 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 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 29, 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 January 10, 2012 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 replace the missing soffit on the southwest corner of the east office building 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 3900 Jackson 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 3900 Jackson 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. 18 City Council Minutes Monday, January 23, 2012 Page 8 of 9 RESOLUTION 2012 -09 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 Scott Nichols (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4414 Quincy Street NE, 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 December 29, 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 November 15, 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 December 29, 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 January 10, 2012 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 repair /remove /replace all /any sections of fence that on damaged /deteriorated 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 4414 Quincy 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 4414 Quincy 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 2012 -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 Bernard Szymczak (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4223 7 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 30, 2011 of an public hearing to be held on January 23, 2012. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about July 15, 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 30, 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 19 City Council Minutes Monday, January 23, 2012 Page 9 of 9 1. The rental license belonging to the License Holder described herein and identified by license number FE-4223-11 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2012 -13 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article 1V, Section 5A.408(A) of that certain residential rental license held by Federal Home Loan Mortgage (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 1827 41 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 December 15, 2011 of an public hearing to be held on January 23, 2012. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about November 14, 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 December 15, 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 U1827 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. 20 Approved 2/1/12 ` 2/1/12 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES January 4, 2012 The meeting was called to order by Chair Patricia Sowada, at 6:30 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 December 7, 2011 Board meeting were approved as mailed. The bill list dated 12/7/11 of 2011 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 12/22/11 of 2011 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 12/28/11 of 2011 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The 2011 accounting dated 1/4/12 was reviewed. Smith inquired how the library decides what materials to purchase. Loader stated that purchases are made based on a collection development policy. Old Business: 1. All items in the 2012 budget were passed as submitted by the City Council on December 12` Projects for 2012 include replacement carpeting for the East Room and furniture. Loader's presentation on founding day was well received by the City Council. 2. The A/C control panel project was subcontracted to TEMCO by NSI /Horowitz. The project was substantially completed in 2011 after issues involving the availability of parts, and a union holiday were resolved. Completion of the project is scheduled for the first week of 2012. 3. The Boardroom cabinets have been installed. The Boardroom will be painted early in 2012. 4. Eight applications for the task force have been received. Loader continues to update the Mayor with progress. The strategic plan written by the Library Board will assist the task force. The Board discussed e- books, e -book classes at the library, and information usage in the future. 5. Loader reminded Board Members of the special meeting on January 18 for strategic planning. The Board noted the agenda mailed out in their packets. Loader will supply data from a previous space needs study, the 2010 annual report, and any additional references the Board requires. 6. Two individuals screened in the October Page recruitment were asked back for a second interview. Loader made a conditional offer for both the Aide position and the Page position on December 28 and training is tentatively scheduled to start January 17` Ramon Gomez, Library Clerk, will conduct the majority of the training, with assistance from day staff. Loader recognized all the staff that are doing extra work and working extra shifts during transition. 1 21 New Business: 1. The Board reviewed the draft of the 2012 Legislative Platform for MLA and MEMO. The Board was dissatisfied by the limited funds and uninspired goals. The Board discussed the ability of CHPL to excel with limited resources, but noted that the public is not aware of what it takes to run the library. 2. The November crossover statistics were reviewed by the Board. E -book and registered patron statistics were noted. 3. The Board reviewed the article concerning the top 10 technology trends for 2012. 4. The Board reviewed the Unique Management Status Report for November. 5. The Board discussed the November budget forecast from the League of Minnesota Cities. There were mixed reactions to the projection of a budget surplus rather than a deficit. Items from the Floor: 1. Columbia Heights will hold its first Citizens' Academy starting in January. Each department will prepare a class for participants to learn about how the City functions. The Library's section will take place on February 9` Tantanella and Smith agreed to attend and assist with the class. 2. Loader reminded the Board of the January 18 strategic planning meeting. There being no further business, the meeting was adjourned at 7:48 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 22 COLUMBIA HEIGHTS CHARTER COMMISSION OCTOBER 20, 2011 CITY HALL CONFERENCE ROOM 1 7:00 p.m. CALL TO ORDER The meeting was called to order by President Rachel Schwankl at 7:05 p.m. She asked Vice President Charles Tyler to run the meeting. ROLL CALL Members present: Lee Bak, Jeff Diehm, Roger Johnson, Nancy King, Carolyn Laine, Mike Patiuk (arrived at 7:12), Nicholas Rivers, Rachel Schwankl, Greg Sloat, Steve Smith, Charles Tyler, Tim Utz Members absent and excused: Matt Abel Members absent and unexcused: Nick Jentsch, Katherine Pepple Also present: Tami Diehm, Council Liaison; Jim Hoeft, City Attorney; (Carole Blowers, Recording Secretary, was unavailable) APPROVAL OF AGENDA Motion was made by Charles Tyler, seconded by Lee Bak, to approve tonight's agenda. Motion carried unanimously. APPROVAL OF MINUTES Vice President Tyler called for approval of the minutes. Tim Utz questioned the "Discussion" section, requesting the vote to suspend the rules be written as a roll call with members' names listed. After discussion, motion was made by Jeff Diehm, seconded by Lee Bak, to approve the minutes as written. Motion passed 10 yes, 1 no, 3 absent, and 1 abstaining. CHANGES IN MEMBERSHIP President Schwankl welcomed new member Steve Smith, who then introduced himself. She also announced Dan Vogtman has resigned, due to a move out of the area, and will be honored at the November 14 Council meeting. CORRESPONDENCE Secretary Carolyn Laine, in the absence of the Recording Secretary, read the correspondence log for September and October. OLD BUSINESS Revised City Charter and Updated Membership List Secretary Carolyn Laine passed out revised copies of the City Charter and the updated membership list. Chapter 6, Section 56 (Purchases and Contracts) V.P. Tyler stated that Chapter 6, Section 56 is now completed, having been passed by the City Council on September 26, 2011. 23 NEW BUSINESS Review Charter Commission Rules Vice President Tyler asked for members to send to him suggestions for rule changes. He will put together a draft proposal. Chapter 10 of the City Charter (Franchises) Discussion occurred regarding franchises, what they are, and how many the city has. City Attorney Jim Hoeft provided clarification. The only franchise the city has is with the cable company. Franchises will again be addressed at the next meeting. President Schwankl resumed the chair at 7:35 p.m. Election of Officers President Schwankl reminded members that new officers will be elected at the next meeting (January 19, 2012). ADJOURNMENT Motion was made and seconded to adjourn the meeting at 7:40 p.m. Motion passed 11 yes, 1 no, 3 absent, and 0 abstaining. Respectfully submitted, Carolyn Laine, Secretary 10 -20 -11 Charter Commission Minutes Page 2 of 2 24 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING FEBRUARY 8, 2012 7:00 PM The meeting was called to order at 7:00 pm by Chair - Marlaine Szurek. Commission Members present- Thompson, Peterson, Kinney, and Szurek. Members absent - Fiorendino Also present were Gary Peterson (Council Liaison), Jeff Sargent (City Planner), and Shelley Hanson (Secretary). Motion by Kinney, seconded by Peterson, to approve the minutes from the meeting of December 6, 2011. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2012 -0201 APPLICANT: Tybang Transmission LOCATION: 836 — 40 Avenue NE REQUEST: Conditional Use Permit for a Minor Automobile Repair Shop Sargent stated that Tybang Transmission is requesting a Conditional Use Permit (CUP) in order to operate a minor automobile repair facility in the building located at 836 — 40 Avenue NE, per Code Section 9.110 (F)(3)(c). Currently, the bu ilding is occupied by Minnefax, Inc., that operates as a special effects contractor for movies, etc. Tybang Transmission is currently located at 4201 Central Avenue and has been in that location for the last 2 years. Tybang Transmission plans no exterior cha nges to the building located at 836 — 40 th Avenue. Inside the building, the current paint booth will be rem oved, as well as the present m etal and wood shop m achinery. Transm ission shop equipm ent will be installed. As stated by the applicant, "Tybang Transmission repairs both automatic and standard transmissions. Its mission is to deliver quality tr ansmission repair at a fa it price. Its owner, Tybang Nguyen, strives to make the customer feel welcome and comfortable. He and his staff are skilled tech nicians who can diagnose today's sophisticated transmission problems ". The applicant has also stated that no dismantled vehicles will be stored outside the building and that the bus iness will b e operated in harm ony with the neighborhood and will generate little traffic. COMPREHENSIVE PLAN The Comprehensive Plan guides this property for Commercial use. Minor Auto Repair facilities are consistent with the types of uses that would be guided as Comm ercial. With that said, staff does have some concerns will a flowing this type of use along 40 th Avenue, which suits itself more for neighborhood- oriented businesses. 25 P & Z Minutes Page 2 February 8, 2012 One of the Land Use goals in the Com prehensive Plan is to: "Preserve and enhance the existing viable commercial areas within the community ". An implementation strategy to accomplish this goal is to "Develop a redevelopm ent plan for the 40 th Avenue Corridor" by "budgeting for and completing a redevelopm ent plan using the T ransitional Development District guidance to strengthen the residential character and provide for in creased neighborhood comm ercial development along 40 'h Avenue." The Transitional De velopment District allows f or opportunities for neighborhood - retail /service developments. Staff feels that allowing a Minor Autom obile Repair facility to locate along 40 Avenue would be counterintuitive to the commercial goals as outlined in the Com prehensive Plan, and would have a great potential of disrupting the curren t residential character of the surrounding area. With that said, however, the property is zoned correctly and guided properly for the proposed use. ZONING ORDINANCE The subject property is zoned CBD , Central Business District, as are the properties to the north, east and we st. The properties to th e south are zoned R -3, Multip le Family Residential. The property is also located within the 40 Avenue Design Guidelines District, and will be subject to regulations for properties located therein. Minor Auto Repair facilities are defined as "The replacement of any part or repair of any par t including the removal of the engine head or pan, engine, transmission or differential; incidental body or fender work; minor painting and upholstering service when said sery ice above stated is applied within and enclosed building." Minor Auto Repair facilities are specifically mentioned as a Conditional Use in the Central Business Distri ct, and the repairing of transmissions fits the definition. PARKING. Per Code Section 9.106 (L)(8), the CBD is established as a public off - street parking district, so that non residential uses are exem pt from providing off - street p arking spaces as required. For this reaso n, the applicant will not have to supply adequate on -site parking for its customers. DESIGN GUIDELINES. At this time, the applicant is not proposing any exterior changes to the building. However, shall the building have the n eed for rooftop- mounted exhaust systems, etc., those facilities would have to be screened from public view per the Design Guidelines standards. Any new signage for the business would also have to meet minimum Design Guideline standards and will be approved administratively by the Zoning Administrator. 26 P & Z Minutes Page 3 February 8, 2012 FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditi onal uses listed for the zo ning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. The proposed use of the building as a minor automobile repair facility is specifically listed as a Conditional Use in the CBD, Central Business District. (b) The use is in harm ony with the general pu rpose and intent of the Comprehensive Plan. The proposed use complies with the Comprehensive Plan guidance for the property upon which the use will be located. However, Staff believes that the general purpose and intent of the Comprehensive Plan would be compromised if the use was allowed based on the fact that the intended character of the area is for residential uses and residentially - oriented services. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use is traditionally a more intensive use than others in commercially zoned areas. Specifically, this parcel is located adjacent to several residentially -zoned parcels and also shares a common alley with them. Should this CUP be approved, a list of conditions will be added to help ensure that the proposed use will not have any disturbing influences on neighboring properties. However, even with those conditions, it is difficult to determine whether the proposed use would fit harmoniously within the intended character of the area. (d) The use will not substantially diminish the use of property in the immediate vicinity. The imposed conditions of approval should ensure that the proposed use would not substantially diminish the use of property in the immediate vicinity. (e) The use will be designed, constructed, opera ted and m aintained in a manner that is compatible with th e appearance of the existing or intended character oft he surrounding area. The applicant is not suggesting any exterior changes to the building at this time. For this reason, the appearance of the building will remain compatible with the appearance of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is a correct statement. 27 P & Z Minutes Page 4 February 8, 2012 (g) Adequate measures have been or will be taken to m inimize traffic congestion on th e public streets and to provide for appropriate on -site circulation of traffic. The applicant stated that traffic congestion would not be altered with the presence of his business. It is assumed that vehicles, including tow trucks would access this property either from the southbound -only alley off of 40 Avenue, or the alley off of Jackson Street in order to drop off vehicles for repair at the rear of the building. (h) The use will not cause a negative cumulativ e effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. Should this CUP be approved, a list of conditions will be added to help ensure that the proposed use will not have a negative cumulative effect on neighboring properties. However, even with those conditions, it is difficult to determine whether the proposed use would fit harmoniously within the intended character of the area. (i) The use complies with all other applicable regulations for the district in which it is located. This is a correct statement. Staff recommends that the P1 anning Commission take everythi ng into consideration when deciding whether or not to recommend a pproval of the proposed use at 836 — 40 th Avenue. Should the Planning Commission recommend approval, Staff has supplied a list of conditions to help regulate the proposed use at its proposed location. The m otion should include these conditions in order to approve the CUP. Sargent reviewed these conditions with the members. Questions by members: Thompson stated that he thought Condition #13 should have the language changed to "submitted and approved" to that clause. He also questione d whether we had the right to require the doors to be closed during business hours. Sargent told members that he had reviewed that requirement with the City Attorney and that we can m ake it a condition of the CUP approval. Sargent explained it is being requ ired so that nearby residences aren't affected by noise. Thompson felt this condition was too strictly worded. He thou ght the language could be changed to allow the doors to be open if no vehicles are being worked on if the owner chooses to do so. The other members didn't have questions or comments at this time. 28 P & Z Minutes Page 5 February 8, 2012 Public Hearing Opened: Robert Miller who owns the buildi ng adjacent to this prop erty was concerned with the lack of parking available for these two buildings. He sa id his building has two parking spaces behind it which will be needed by him or whoever buys his building, s ince it is currently vacant. Sargent explained that the Site Plan submitted by the applicant shows that there is room for six vehicles to be parked behind the building. He assure d Mr. Miller that the CUP is for the 836 40 th Avenue site only and that it doe s not include any provisions for him to use parking belonging to other properties in the area. Jim Suek who owns the building at 850 40 th Avenue told mem bers that he thought there were enough car related businesses in the city already. He said the majority of them push the envelope in regards to parking and not hav ing enough sp ace for their bu siness operations. Sargen t explained that most of those were in place be fore a CUP was required. The purpose of the CUP is to ensure these types of problems can be prevented because the co nditions imposed on the CUP give the City the r ight to enforce the restrictions. Suek said he th inks it sets the business owners, the neighbors, and the City up for a contentious situation. Sargent said it is always a risk to allow a CUP, but with the conditions in place, hopefully the problems can be averted. Thompson said it is har d to vote ag ainst something that is allowed, especially since staff has recommended such an extensive list of conditions. Alan Hamel - Integrated Real Estate Services -is working with the applicant and the bank who owns the building. He explain ed the applicant currently shares space at his presen t location of 4201 Central Avenue. He noted that most of the cars on that lot are not there for the applicant's business. They are on site for the owner's busine ss. He explained the applicant has been in the business for ten years and has been on his own for two years. He is looking to expand and grow his business and feels this will be a good fit for him. Kinney asked how many vehicles he usually works on at one time. Mr. Nguyen stated he usually works on two cars at a tim e, with 2 -3 cars possibly waiting. He said it is just him and one employee working at th e present time, and he f eels he can probably stor e 5 veh icles in the building at one time. Szurek doesn't want the business to negatively impact the neighbors, and is concerned with the parking and noise issues. 29 P & Z Minutes Page 6 February 8, 2012 Peterson asked Sargent if there w ere any restrictions rega rding parking along 40 ti' Avenue. Sargent said nothing that he is aware of other than the norm al winter parking restrictions. He said the personal vehicles of Mr. N guyen and his employee may be parked along 40 th Avenue during the work day, but cars waiting to be worked on will not be allowed to be parked there long term as per the conditions of the CUP. Pe terson then asked if residents in th e area were notified of this meeting. Sargent told members that everyone within 350 feet of the business was notified at least 10 days prior to this m eeting. Peterson no ted that the two people who spoke were business owners and that there was only one resident from the area in atten dance. The resident stated she was not agains t the business locating there, she jus t came to the m eeting to find out more information. Szurek asked the owner what hi s hours would be. He stated that normally they are Mond ay- Friday from 9 -5. He was asked if he had a tow truck that had to be stored, or if he received vehicles from other tow trucks. Mr. Nguyen to Id members that approximately one vehicle per week is brought to him by an independent tow truck. He does not own a tow truck. He said most of the vehicles he works on are usually stil 1 functioning enough to be driven in. Once in a great while a vehicle will be dropped off after hours. If that is the case, there is adequate parking behind the building for that occurrence. Gary Peterson asked Mr. Hamel if the applicant understands the conditions imposed on the CUP. Mr. Hamel said they do understand and re alize it will cost appr oximately $30,000- $40,000 to install a sprinkler system in th e building. They are working w ith the bank, the Small Business Administration and the City to see how to pay for this required improvement. He said the cost of this may make it cost prohibitive to go throu gh with the purchase if they can't find some financial assistance to make it work. Sargent told members that the requirement for a sprinkler system is a building code requirement, not City Staff adding unreasonable conditions. Public Hearing Closed: Motion by Peterson, seconded by Thomspon, that the Planning Commission recommends the City Council approve the Conditional Use Permit for a Minor Automobile Repair facility located at 836 — 40 Avenue NE, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. Due to the change of occupancy of the building, the building will have to be fitted with a fire- suppression sprinkler system prior to the tenant operating the business. This item requires a separate building permit from the city. 2. The party wall, as well as the wall separating the shop area from the offices, will have to be fire -rated to meet minimum requirements. This item requires a separate building permit from the city. 30 P & Z Minutes Page 7 February 8, 2012 3. must be constructed to meet minimum code requirements. 4. If over 3 vehicles are stored within the building, a flammable liquids trap will have to be installed meeting minimum code requirements. 5. If the tenant utilizes the parking area in the back of the property, proper parking stalls must be designated and striped accordingly. 6. During business hours, the garage service door must remain closed at all times. 7. All vehicles waiting for repair or pick -up shall be stored within an enclosed building or in designated off - street parking spaces. No cars waiting for repair or pick -up shall be stored on 40 Avenue. 8. All work shall be performed within a completely enclosed building. 9. All vehicles parked or store on -site shall display a current license plate with a current license tab. Outside storage of automobile parts or storage of inoperable or salvage vehicles shall be prohibited. 10. The sale of vehicles shall be prohibited, unless allowed by conditional use. 11. The use shall employ best management practices regarding the venting or odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor - tight fittings to eliminate the escape of gas vapors. 12. Any newly- installed rooftop equipment must be screened from view from adjacent properties. 13. An environmental management plan, including a storm water management and drainage plan, shall be submitted and approved to address the impact of the facility on the environment. Roll Call Vote: Ayes -All ayes The following Resolution will go to the City Council for approval at the City Council meeting of February 13, 2012. . RESOLUTION NO. 2012-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR TYBANG TRANSMISSION TO ALLOW A MINOR AUTOMOBILE REPAIR BUSINESS IN THE CENTRAL BUSINESS DISTRICT IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal ( Case #2012 -0201) has been subm itted by Tybang Transmission to the Cit y Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 836 — 40 Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERM IT: A Conditi onal Use Permit per Code Section 9.110 (F)(3)(c), to allow a m inor automobile repair business in the CBD, Centr al Business District at 836 — 40 Avenue NE. 31 P & Z Minutes Page 8 February 8, 2012 WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on February 8, 2012; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of th e proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Colum bia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the co nditional uses listed fo r the zoning district in whi ch the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to m inimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cu mulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part o f this permit and approval; and in granting th is permit the city and the applicant agree that th is permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Due to the change of occupanc y of the building, t he building will have to be fitted with a fire- suppression sprinkler system prior to t he tenant operating the bus iness. Thi s item requires a separate building permi t from the city. 2. The party wall, as well as the wall separating the shop area from the offices, will have to be fire -rated to meet minimum requirements. This item requires a separate building permit from the city. 3. Should the tenant wish to continue to store the dumpster outdoors, a masonry enclosure must be constructed to meet minimum code requirements. 4. If over 3 veh icles are stored within the building, a f lammable liquids trap will have to be installed meeting minimum code requirements. 5. If the tenant utilizes the parking area in the back of the property, proper parking stalls must be designated and striped accordingly. 6. During business hours, the garage service door must remain closed at all times. 32 P & Z Minutes Page 9 February 8, 2012 7. All vehicles waiting for repair or pick -up shall be stored within an enclosed building or in designated off - street parking spaces. No cars waiting for repair or pick -up shall be stored on 40 Avenue. 8. All work shall be performed within a completely enclosed building. 9. All vehicles parked or store on -site sha 11 display a current license plate with a current license tab. Outside storage of automobile parts or storage of inoperable or salvage vehicles shall be prohibited. 10. The sale of vehicles shall be prohibited, unless allowed by conditional use. 11. The use shall employ best management practices regarding the venting or odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor -tight fittings to eliminate the escape of gas vapors. 12. Any newly- installed rooftop equipment must be screened from view from adjacent properties. 13. An environmental management plan, including a stor m water management and drainage plan, shall be submitted to address the impact of the facility on the environment. NEW BUSINESS Sargent told members that the City Council approved O'Reilly's variance and that O'Reilly 's has now submitted their plans to the City. The Site Plan will be on the March agenda, and will also be rev iewed by the EDA and the City Council. Sargent told members that they are now into the fourth week of the Citizen's Academy and that it has gone very well and seem s to have generate d some interest in how City governm ent works. He said that so far Administration, Finance, Community Development, and Fire have made their presentations. This week the Library and Recreation Departments will address the Academy. Peterson asked whether the turn lane at 50 and Central was still being considered. Sargent told him it will be installed, but that properties along 50 th and Central probably won't be assessed for the cost. The additional striping of the lanes should help any traffic confusion. The meeting was adjourned at 7:45 pm. Respectfully submitted, Shelley Hanson Secretary 33 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: February 13, 2012 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER APPROVAL ITEM: Approve 2012 Council /Staff BY: Patty Muscovitz BY: ' E t Liaison Assignments DATE: February 7, 2012 DAT NO: Tami Diehm was elected Council President at the January 23, 2012 City Council meeting. Attached is the list of Council /City Staff assignments as discussed at the work session. MOTION: Move to approve the 2012 Council Staff Liaison Assignments. COUNCIL ACTION: h:A2012president & liaisons 34 2012 COUNCIL /CITY STAFF ASSIGNMENTS City Commissions Telecommunications Commission Bruce Nawrocki Library Board Tami Diehm Park & Recreation Commission Gary Peterson Bobby Williams - alternate Planning & Zoning Commission Gary Peterson Bobby Williams - alternate Traffic Commission Donna Schmitt Charter Commission Tam i Diehm — delegate Gary Peterson - alternate External Boards League of Minnesota Cities Bruce Nawrocki — delegate Council /City Manager — alternate Rice Creek Watershed Advisory Board Bobby Williams — delegate Kevin Hansen — alternate North Star Corridor Bruce Nawrocki Joint Law Enforcement Council Gary Peterson — delegate Chief of Police - alternate H /Boards & Commissions /2012 Council Liaisons 35 CITY COUNCIL LETTER Meeting of February 13, 2012 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: r � ITEM: Approve Gambling Permits, BY Scott Nadeau // BY: , NO. Immaculate Conception Church DATE: February 8, 22 DATE: Bingo Event on March 24, 2012 and Fun Fest on August 10, 11 and 12, 2012 BACKGROUND: Immaculate Conception Church, 4030 Jackson Street NE, has submitted two requests for gambling permits. One is for a bingo event on March 24, 2012. The other is for their Fun Fest, scheduled for August 10, 11 and 12, 2012. Activities to be included are bingo and raffles at the bingo event, and bingo, raffles and pull -tabs at Fun Fest. ANALYSIS /CONCLUSION: Since the organization satisfies the City Council resolution regarding one -time charitable gambling and has paid the two $25 permit fees, the following actions are recommended. RECOMMENDED MOTIONS: MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and raffles at their event being held March 24, 2012 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo, raffles and pull -tabs at their Fun Fest event being held August 10, 11 and 12, 2012 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. COUNCIL ACTION: 36 Page 1 of 2 5111 Minnesota Lawful Gambling LG220 pplication for Exempt Permit Application fee Iflf application Dos marked or received; An exempt permit may be issued to a nonprofit organization that: less than 30 days ore than 30 days - conducts lawful gambling on five or fewer days, and - before the event before the event - awards less than $50,000 in prizes during a calendar year. $100 $50 ORGANIZATION INFORMATION Check# $ Organization name Previous gambling permit number Church of the Immaculate Conception X -01151 Minnesota tax ID number, if any Federal employer ID number, if any Type of nonprofit organization. Check one. Fraternal � = Religious F? Veterans I Other nonprofit organization Mailing address City State Zip Code County 4030 Jackson St NE Columbia Heights MN 55421 Anoka Name of chief executive officer (CEO) Da time shone number Email address Fr. John Mitchell Attach a copy ofQNE of the following for proof of nonprofit status. Do not attach a sales tax exempt status or federal employer ID number as they are not proof of nonprofit status. ionprofit Articles of Incorporation OR a current Certificate of Good Standing . Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651- 296 -2803 D IRS income tax exemption [501(c)] fetter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877- 829 -5500. Fi IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a . IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted. For raffles, list the site where the drawing will take place. Church of the Immaculate Conception Address (do not use PO box) City or township Zip Code County 4030 Jackson St NE Columbia Heights 55421 Anoka Date(s) of activity (for raffles, indicate the date of the drawing) March 24, 2012 (Raffle drawing held March 24, 2012) Check the box or boxes that indicate the type of gambling activity your organization will conduct: Y Y Bingo* _/ Raffles Paddlewheels* Pull -Tabs* Tipboards* 3 * Gambling equipment for pull -tabs, bingo paper, tipboards, and paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors, or call 651 - 639 -4000. 37 LG220 Application for Exempt Permit Page 2 of 2 5/11 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county official must check the action that the county is taking on this application and sign the application. taking on this application and sign the application. A township official is not required to sign the application. X The application is acknowledged with no waiting The application is acknowledged with no waiting period. period. ^ The application is acknowledged with a 30 day The application is acknowledged with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city), permit after 30 days. The application is denied, The application is denied. Print county name Print city name t,0 i�(.UIrI�QI(ri- On i vr7 On behalf of the county, I acknowledge this application. Signature of county personnel receiving application On behalf of the city, I acknowledge this application. Si u e of city preceiving application • Title Date Title • .-02.4111111. .' Date 30 i L. (Optional) TOWNSHIP: On behaifofthe township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.166)] Print township name • Signature of township official acknowledging application Title Date CHIEF EXECUTIVE OFFICER'S SIGNATURE Print form and have CEO sign The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned . to the Board within 30 days of the date of our gambling activity. // • Chief executive officer's signature Date 0 // 2- 7 // Complete a separate application for each gambling event: Financial report and recordkeeping • one day of gambling activity required • two or more consecutive days of gambling activity A financial report form and instructions will • each day a raffle drawing is held be sent with your permit, or use the online fill -in form available at Send application with: www.gcb.state.mn.us. Within 30 days of the • a copy of your proof of nonprofit status, and activity date, complete and return the • application fee for each event financial report form to the Gambling Make check payable to "State of Minnesota." Control Board. Questions? To: Gambling Control Board Call the Licensing Section of the Gambling 1711 West County Road B, Suite 300 South Control Board at 651 - 639 -4000. Roseville, MN 55113 This form will be made available in alternative format (i.e. large print, Braille) upon request. Data privacy notice: The information Your organization's name and Private data about your organization are available requested on this form (and any address will be public information to: Board members, Board staff whose work attachments) will be used by the Gambling when received by the Board. All requires access to the information; Minnesota's Control Board (Board) to determine your other information provided will be Department of Public Safety; Attorney General; organization's qualifications to be involved private data about your Commissioners of Administration, Minnesota in lawful gambling activities in Minnesota. organization until the Board Management & Budget, and Revenue; Legislative Your organization has the right to refuse to issues the permit. When the Auditor, national and international gambling supply the information; howeve r, if your Board issues the permit, all regulatory agencies; anyone pursuant to court organization refuses to supply this information provided will become order; other individuals and agencies specifically information, the Board may not be able to public. If the Board does not authorized by state or federal law to have access determine your organization's qualifications issue a permit, all information to the information; individuals and agencies for and, as a consequence, may refuse to issue provided remains private, with the which law or legal order authorizes a new use or a permit. If your organization supplies the exception of your organization's sharing of information after this notice was given; information requested, the Board will be name and address which will and anyone with your written consent. able to process your organization's remain public. application. 38 • Internal Revenue Service Department of the Treasury P. 0. Box 2508 Cincinnati, OH 45201 Date; JUL 282009 Person to contact Roger Meyer Toll Free Telephone Number; 877 - 829 -5500 United States Conference of Catholic Bishops Employer identification Number: • 3211 4 Street, N.E. 53-0196617 Washington, D.C. 20017-1194 Group Exemption Number: 0928 Dear Sir or Madam: In a ruling dated March 25, 1948, we hekt that the agencies and Instrumentalities and all edtic ational, charitable and religious institutions operated, supervised, or controlled by or in connection with the Roman Catholic Church to the United States, its territories or possessions appearing In The Official Catholic Directory 1946, are entitled to exemption from Federal income tax under the provisions of section 101(6) of the Internal Revenue Code of 1939, which corresponds to section 501(c)(3) of the 1986 Oode. This ruling has been updated anntialty to cover the organizations added to or deleted from the Dtroctory. The Offal Catholic Directory for 2009 shows the names and addresses of all agencies and Instrumentalities and all educational, charitable, and religious institutions operated by the Roman Catholic Church in the United States, Its territories and possessions in existence at the time the Directory was published. ft is understood that each of these is a non - profit organization, that no part of the net earnings thereof inures to the benefit of any individual, that no substantial part of their activities is for promotion of legislation, and that none are pr€vate foundations under section 509(a) of the Code. Based on all Information submitted, we conclude that the agencies and instrumentalities and educational, charitable, and religious institutions operated, supervised, or controlled by or in connection with the Roman Catholic Church in the United States, its territories or possessions appearing in The Official Catholic Directory for 2009 are exempt from Federal income tax under section 501(0)(3) of the Code. Donors may deduct contributions to the agencies, instrumentalities and institutions referred to above, as provided by section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to them or for the use are deductible for Federal estate and gift tax purposes if they rneet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Beginning January 1, 1984, unless specifically excepted, you and your subordinates most pay tax under the Federal Insurance Contributions Act (FICA) for each employee who is paid $100 or more in a calendar year, as indexed for irritation, You and your subordinates are not liable for the tax under the Federal Unemployment Tax Act (FUTA). 39 The conditions eonceming the retention of your group exemption as set forth in our previous determination letter dated August 17, 1983, remain in full force and effect. Sincerely, il frA�t aft g Cindy W- rr• Manager, Exempt Organizations Determinations 40 A Ah. . p Iril zct�o-s.. ,\` "Jesus Christ is the same yesterday, today and forever." Heb. 13.8 Archdiocese of w Saint Paul and Minneapolis October 20, 2009 Reverend Thomas Kunnel, TOR Church of the Immaculate Conception 4030 Jackson Street NE Columbia Heights, MN 55421 -2929 Dear Father Kunnel: The Church of the Immaculate Conception of Columbia Heights, a Minnesota religious parish corporation, is a. tax exempt organization under the provisions of Section 501(c)(3) of the Internal Revenue Code by reason of a Group Ruling issued to the United States Conference of Catholic Bishops by the Internal Revenue Service on July 28, 2009, which is the latest annual update in a series that began with the original determination of March 25, 1946. A copy of the 2009 Group Ruling is enclosed. The Group Exemption Number is 0928. The Group Ruling provides that any organizations listed in the Official Catholic Directory for 2009 as being an agency, instrumentality and educational, charitable and religious institutions operated, supervised or controlled by or in connection with the Roman Catholic Church in the United States, are tax exempt. The Church of the Immaculate Conception of Columbia Heights is listed in the Official Catholic Directory for 2009. A copy of the page from the directory showing that listing is enclosed. If you have any questions about the tax exempt status, please contact me. Thank you. es� rds, 7,/ z ( /1, !'. '� II! - ,* . Eisenzimmet Chancellor for CivILAdfairs Enclosures 41 226 SUMMIT AVENUE • ST. PAUL, MINNESOTA 55102 -2197 • TEL: (651) 291 -4405 • Fax, ((;511 -) NORTHEAST BANK THE CHURCH OF THE COLUMBIA HEIGHTS, MN - 763 -788 -9351 MINNEAPOLIS, MN - 612 -379 6811 / IMMACULATE CONCEPTION COON RAPIDS, MN - 763- 784 -3533 111 �i' II; 4030 JACKSQN STREET, NE. YOUR INDEPENDENT COMMUNITY BANK 1/26/2012 1 1 J ( , I! 1 1 111r COLUMBIA HEIGHTS, MN 55421 17 -13 -910 fi PAY TOTHE ORDER OF City of C olumbia Heights - other * *25.00 i c Twenty -Five and 00/1 00********************************************************************** * * * * * * * * * * * * * * * * * * * * * *** *** **** DO LLARS City of Columbia Heights LIJ MEMO AUTHORIZED SIGNATURE THE CHURCH OF THE IMMACULATE CONCEPTION City of Columbia Heights - other 1/26/2012 Date Type Reference Original Amt. Balance Due Discount Payment 1/26/2012 Bill 25.00 25.00 25.00 Check Amount 25.00 Operations Checking uerai eRee G S.(:rt ` +'t'" 25.00 42 Minnesota Lawful Gambling Page 1 of 2 5/11 16220 Application for Exempt pt G'ri111t Application fee If application postmarked or received: An exempt permit may be issued to a nonprofit organization that: less than 30 days more than 30 days - conducts lawful gambling on five or fewer days, and before the event before the event - awards less than $50,000 in prizes during a calendar year. $100 $50 ORGANIZATION INFORMATION Check# $ Organization name Previous gambling permit number Church of the Immaculate Conception X -01151 Minnesota tax ID number, if any Federal employer ID number, if any Type of nonprofit organization. Check one. Fraternal 1-7 Religious Veterans Other nonprofit organization Mailing address City State Zip Code County 4030 Jackson St NE Columbia Heights MN 55421 Anoka Name of chief executive officer (CEO) Daytime phone number Email address Fr. John Mitchell Attach a copy ofONE of the following for proof of nonprofit status. Do not attach a sales tax exempt status or federal employer ID number as they are not proof of nonprofit status. onprofit Articles of Incorporation OR a current Certificate of Good Standing Don't have a copy? This certificate must be obtained each year from Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651 - 296-2803 D IRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877 -829 -5500. IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted. For raffles, list the site where the drawing will take place. Church of the Immaculate Conception Address (do not use PO box) City or township Zip Code County 4030 Jackson St NE Columbia Heights 55421 Anoka Date(s) of activity (for raffles, indicate the date of the drawing) August 10, 11, 12, 2012 (Raffles drawing held August 12, 2012) Check the box or boxes that indicate the type of gambling activity your organization will conduct: Y / Bingo* _/ Raffles Paddlewheels* _/ Pull -Tabs* Tipboards* 1� * Gambling equipment for pull -tabs, bingo paper, tipboards, and paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors, or call 651 - 639 -4000. • 43 LG220 Application for Exempt Permit Page 2 of 2 5/11 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county official must check the action that the county is taking on this application and sign the application. taking on this application and sign the application. A township official is not required to sign the application. The application is acknowledged with no waiting The application is acknowledged with no waiting period. period. The application is acknowledged with a 30 day The application is acknowledged with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). permit after 30 days. The application is denied. The application is denied. Print county name Print city name tAbIQ `` On behalf of the county, I acknowledge this application. Signature of county personnel receiving application On be ,if of the city, I acknowledge t s application. igna re of city p1onnel receiving application ® off P JAig Title Date Till � t � j(JlrDate pZ G. - e)-`"` + acknowledge that TOWNSHIP: organrzation 1 beha/f the far ownsh exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.166)] Print township name Signature of township official acknowledging application Title Date CHIEF EXECUTIVE OFFICER'S SIGNATURE Print form and have CEO sign The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be complete. and returned to the Board within 30 days of the date of our gambling activity. g - ' / -/ Chief executive officer's signature `' �F Date (91/2 �l 1 2-- - Complete a separate application for each gambling event: Financial report and recordkeeping • one day of gambling activity required • two or more consecutive days of gambling activity A financial report form and instructions will • each day a raffle drawing is held be sent with your permit, or use the online fill -in form available at Send application with: www.gcb.state.mn.us. Within 30 days of the • a copy of your proof of nonprofit status, and activity date, complete and return the • application fee for each event financial report form to the Gambling Make check payable to "State of Minnesota." Control Board. To Gambling Control Board Questions? Call the Licensing Section of the Gambling 1711 West County Road B, Suite 300 South Control Board at 651 -639 -4000. Roseville, MN 55113 This form will be made available in alternative format (i.e. large print, Braille) upon request. Data privacy notice: The information Your organization's name and Private data about your organization are available requested on this form (and any address will be public information to: Board members, Board staff whose work attachments) will be used by the Gambling when received by the Board. All requires access to the information; Minnesota's Control Board (Board) to determine your other information provided will be Department of Public Safety; Attorney General; organization's qualifications to be involved private data about your Commissioners of Administration, Minnesota in lawful gambling activities in Minnesota. organization until the Board Management & Budget, and Revenue; Legislative Your organization has the right to refuse to issues the permit. When the Auditor, national and international gambling is supply the information; howeve r, if your Board issues the permit, all regulatory agencies; anyone pursuant to court organization refuses to supply this information provided will become order; other individuals and agencies specifically information, the Board may not be able to public. If the Board does not authorized by state or federal law to have access determine your organization's qualifications issue a permit, all information to the information; individuals and agencies for and, as a consequence, may refuse to issue provided remains private, with the which law or legal order authorizes a new use or a permit. If your organization supplies the exception of your organization's sharing of information after this notice was given; information requested, the Board will be name and address which will and anyone with your written consent. able to process your organization's remain public. application. 44 ASSetfortfl i • • Internal Revenue Service Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 [gate: JUL 28;2009 Person to Contact: Roger Meyer Toll Free Telephone Number: 877- 829 -5500 United States Conference of Catholic Bishops Employer Identification Number: • 3211 4 Street, N.E 53-0196617 Washington, D,C. 20017 -1194 Group Exemption Number: 0928 Dear Sir or Madam: In a ruling dated March 25, 1946, we held that the agencies and instrumentalities and all educational, charitable and religious institutions operated, supervised, or controlled by or In connection with the Roman CathoHo Church in the United States, its tenttories or possessions appearing In The Official Catholic ©fi -ctory 1946, are entitled to exemption from Federal income tax under the provisions of section 101(6) of the Internal Revenue Code of 1939, which corresponds to section 501(c)(3) of the 1986 Code. This ailing has been updated anntialiy to cover the organizations added to or deleted from the Directory. The Official Catholic Directory for 2009 shows the names and addresses of all agencies artd instrumentalities and ail educational, charitable, and religious institutions operated by the Roman Catholic Church in the United States, its territories and possessions in existence at the lime the Directory., was published. it Is understood that each of these is a non - profit organization, that no part of the net earnings thereof inures to the benefit of any individual, that no substantial part of their activities is for promotion of legislation, and that none are private foundations under section 509(a) of the Code, Based on all Information submitted, we conclude that the agencies and instrumentalities and • educational, charitable, and religious institutions operated, supervised, or controlled by or in connection with the Roman Catholic Church in the United States, Its territories or possessions appearing in The Official Caf olic Olrnctory for 2009 are exempt from Federal income tax under section 501(c)(3) of the Code. Donors may deduct contributions to the agencies, instrumentalities and instthrtions referred to above, as provided by section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to them or for their use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Beginning January 1, 1984, unless specifically excepted, you and your subordinates must pay tax under the Federal Insurance Contributions Mt (FICA) for each employee who is paid $100 or more In • a calendar year, as indexed for inflation. You and your subordinates are not liable for the tax under the Federal Unemployment Tax Act (FUTA). • • 45 • The conditions concerning the retention of your group exemption as set forth in our previous determination letter dated August 17, 1983, remain in full force and effect. Sincerely, 4 / 1 *.i • Cindy W- Manager, Exempt Organizations Determinations • • . 1 } 46 4. AK& . rm•r _•_ `Jesus Christ is the same yesterday, today and forever." Heb. 13:8 • , ` A rchdiocese of w Saint Paul and Minneapolis r October 20, 2009 Reverend Thomas Kunnel, TOR Church of the Immaculate Conception 4030 Jackson Street NE Columbia Heights, MN 55421 -2929 Dear Father Kunnel: The Church of the Immaculate Conception of Columbia Heights, a Minnesota religious parish corporation, is a. tax exempt organization under the provisions of Section 501(c)(3) of the Internal Revenue Code by reason of a Group Ruling issued to the United States Conference of Catholic Bishops by the Internal Revenue Service on July 28, 2009, which is the latest annual update in a series that began with the original determination of March 25, 1946. A copy of the 2009 Group Ruling is enclosed. The Group Exemption Number is 0928. The Group Ruling provides that any organizations listed in the Official Catholic Directory for 2009 as being an agency, instrumentality and educational, charitable and religious institutions operated, supervised or controlled by or in connection with the Roman Catholic Church in the United States, are tax exempt. The Church of the Immaculate Conception of Columbia Heights is listed in the Official Catholic Directory for 2009. A copy of the page from the directory showing that listing is enclosed. If you have any questions about the tax exempt status, please contact me. Thank you. s ds, . v r , ' ! t i II • ►" •• . Eisenzimmer Chancellor for Civik fairs I Enclosures 226 SUMMIT AVENUE • ST. PAUL, MINNESOTA 55102- 214 TEL: (651) 291 -4405 • FAx: (651) 290 -1629 NORTHEAST BANK COLUMBIA HEIGHTS, MN - 763-788-9351 1 THE CHURCH OF TNHcEE TION MINNEAPOLIS, MN - 612-379-8811 I COON RAPIDS, MN - 763-784-3533 1 1 1 • 11111 mi 1 , II 1 403 M 0 JACKSON ST C , NE. P YOUR INDEPENDENT COMMUNITY BANK 1/31/2012 x 1,6 1 allil 11 th ' COLUMBIA HEIGHTS, MN 55421 17-13-910 i PAY TO THE ORDER OF City of Columbia Heights - other $ "25.00 g I Twenty-Five and 00/100 ***.*********.*.******.********************************************.******.*.**************.******* DOLLARS 1 City of Columbia Heights MEMO AUTHORIZED SIGNATURE Gambling permit FunFest — ____ THE CHURCH OF THE IMMACULATE CONCEPTION City of Columbia Heights - other 1/31/2012 Date Type Reference Original Amt. Balance Due Discount Payment 1/30/2012 Bill 25.00 25.00 25.00 Check Amount 25.00 1 Operations Checking Gambling permit FunFest 25.00 48 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of February- 13, 2012 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: City Subordinate Single Fam ily BY: Sheila Cartney BY: lc' ,-0,‘" Deferred Loan Mortgage DATE: February 8, 2012 BACKGROUND: On May 28, 2008 the City issued a Single Family Deferred Loan (SFDL) to Ryan Palmer for $2,838.50, for improvements to property at 4932 6 Street. The SFDL is a mortgage that is subordinate to the first mortgage on the house. In December 2011, Palmer refinanced his property with Summit Mortgage for a new mortgage in the amount of $117,160. As part of the refinance Summit Mortgage is requesting that the City's SFDL mortgage be subordinate to theirs. According to the City's SFDL Policy if the first mortgage is paid off (or refinanced) the City of Columbia Heights' loan automatically moves up in lien position. The new mortgage then takes the lowest lien position on the title of the property. The only way the new mortgage can obtain a first lien position is either to pay of the City of Columbia Heights' loan or to request to have the City's loan subordinated. Home improvements of $5,677 were completed as part of this program. The city attorney drafted the subordination agreement and staff supports the subordination request. Normally, this subordination request could be handled on an administrative basis, but Anoka County's policy is to require a formal City resolution. RECOMMENDATION: Staff recommends approval of the subordination request. RECOMMENDED MOTION: Motion: Move to waive the reading of Resolution 2012 -15 there being ample copies available to the public. Motion: Move to adopt Resolution 2012 -15, a Resolution to agree to the subordination of the City Mortgage to Summit Mortgage in the amount of $117,160. Attachments: Resolution, Subordination agreement COUNCIL ACTION : 49 RESOLUTION 2012 -15 CITY OF COLUMBIA HEIGHTS RESOLUTION TO AGREE TO THE SUBORDINATION OF THE CITY MORTGAGE TO SUMMIT MORTGAGE FOR PROPERTY AT 4932 6 STREET IN THE AMOUNT OF $117,160. RECITALS WHEREAS, the City is the owner and holder of a mortgage currently encumbering the property located at 4932 6 Street, dated May 28, 2008 and recorded July 30, 2008 as Anoka County Registrar of Titles Document No. 495761.003 in the original amount of $2,838.50; and, WHEREAS, Summit Mortgage is the owner and holder of a Mortgage given by Ryan Palmer, as Mortgagor, currently encumbering the property, dated November 18, 2011, recorded December 5, 2011, as Anoka County Registrar of Titles Document No. 506475.006; and, WHEREAS, Summit Mortgage has requested that the City subordinate the City Mortgage to the Summit Mortgage; and, WHEREAS, the City has agreed to subordinate the City Mortgage to the Summit Mortgage. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights as follows: 1. The City hereby covenants and agrees that the City Mortgage shall be considered, and in all respects shall be, subordinate to the Summit Mortgage and any extensions or renewals of the Summit Mortgage; provided, however, that the amount of this subordination shall not exceed the amount of indebtedness outstanding under the Summit Mortgage of $117, 160.00, with interest thereon as provided in Summit's promissory note, together with all other costs or expenses advanced pursuant to the terms of Summit Mortgage or Summit's promissory note. 2. The City Council authorizes and directs staff to take all actions and execute any documents necessary to carry out the intent of this resolution. Passed this 13 day of February 2012. Offered by: Second By: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 50 • Title & Closing, Inc 1120 • East 80th Street Suite 1(70 Bloomington, MN 55420 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT ( "Agreement ") is entered into on /1- / 7 , 2011, by and between the City of Columbia I- Ieights, a Minnesota municipal corporation ( "City "), and Summit Mortgage Corporation, a Minnesota corporation ( "Summit "). RECITALS WI- IEREAS, Ryan M. Palmer, a single person ( "Owner ") is the fee owner of that certain real property in Anoka County, Minnesota, legally described on the attached Exhibit A ( "Property "); and WHEREAS, the City is the owner and holder of a mortgage currently encumbering the Property, dated May 28, 2008 and recorded July 30, 2008 as Anoka County Registrar of Titles Document No. 495761.003 in the original amount of $2,838.50 (the "City Mortgage "); and WI-IEREAS, Summit is the owner and holder of a Mortgage given by Owner, as Mortgagor, currently 'encumbering the Property, dated Jr- to , 2011, recorded Z /j , as Anoka County Registrar of Titles Document No. $bloy7S;p4 (0 (the "Summit Mortgage "); and WHEREAS, Summit has requested that the City subordinate the City Mortgage to the Summit Mortgage; and WI- IEREAS, the City has agreed to subordinate the City Mortgage to the Summit Mortgage. NOW, THEREFORE, in consideration of the above recitals the parties agree as follows: SECTION 1. SUBORDINATION The City hereby covenants and agrees that the City Mortgage shall be considered, and in all respects shall be, subordinate to the Summit Mortgage and any extensions or renewals of the Summit Mortgage; provided, however, that the amount of this subordination shall not exceed the amount of indebtedness outstanding under the Summit Mortgage of $117,160.00, with interest thereon as provided in Summit's promissory note, together with all other costs or expenses advanced pursuant to the terms of the Summit Mortgage or Summit's promissory note. SECTION 2. FURTI -IER ASSURANCES Summit covenants and agrees that, if reasonably deemed necessary by a title company or an attorney for a title company to properly document the subordination by Summit contained in this Agreement, then Summit shall duly execute and deliver to the City and such title company any instrument, document, conveyance, release or waiver which will more fully and adequately subordinate the right, title, estate, lien and interest of Summit to the right, title, estate, lien or interest of the City. 51 SECTION 3, MISCELLANEOUS A. All rights and obligations arising out of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. B. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Minnesota. C. This Agreement shall remain in full force and effect until all amounts due Summit pursuant to the Summit Mortgage and Summit's promissory note have been fully paid and satisfied, and thereafter it shall terminate. After said termination, the parties shall execute such documents or instruments as may be reasonably necessary or required to remove any cloud on title caused by this Agreement. D. This Agreement or a memorandum hereof may be recorded in the appropriate offices in Anoka County, Minnesota to protect and give notice of the respective rights of the City and Summit hereunder. [signature pages follow] -2- 52 SIGNATURE PAGE TO SUBORDINATION AGREEMENT CITY OF COLUMBIA HEIGHTS IN WITNESS WI-IEREOF, the parties have caused this Agreement to be executed the year and day above first written. City of Columbia Heights, a Minnesota municipal corporation, 13 y: '■` r 1/L Date: Nov . ) L f a o i l Walt Fehst, City Manager / STATE OF MINNESOTA ) ) ss. COUNTY OF flowh,�. ) The foregoing instrument was acknowledged before me this ) day of /Uo J , 2011, by Walt Fehst, City Manager of the City of Columbia Heights, a Minnesota municipal corporation on behalf of the corporation. .:'. PATRICIA Y MUSCOVI1Z - MARY MOAN= otary Public OM ca w � ' •' `' Comm 41110141-M5 City of Columbi., eights, a Mir ' - o .. m <<' cipal co pore's] B /� . / J_ PJ i ~ Date: f) ! ) Gary L. Peterson, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF ti ..�,q:r ) The foregoing instrument was acknowledged before me this Pi day of ,\/ , 2011, by Gary L. Peterson, Mayor of the City of Columbia Heights, a Minnesota municipal corporation, on behalf of the corporation. PAIRICIAV. MUSCOVIIZ otary Public NOWIY FV HC I MSOu c , ME1MfPM COIMIY 'En Carnet Er*SO1- 3!2016 -3- 53 SIGNATURE PAGE TO SUBORDINATION AGREEMENT SUMMIT MORTGAGE CORPORATION Stt mit Mortgage Corporation, a/i(lnrtrsQ/A Cowpwa}}un - By: / 1 Date eM✓ ;0 0 701 ( Nam ( a \ 4 . (,(5-C.--' ( Its, 1..e 'ir3iO T STATE OF MINNESOTA ) ) ss. COUNTY • • I1nc ) The foregoing instrument was acknowledged before ine this 9:0 clay ofj}r ybYN, 2011, by 4 }c1ce} A .rir�C, the V, Cc. FrLswle of the Summit Mortgage Corporation, . a b,nnre.n Fzt (Ivi, Aiim on behalf of the corporation. • 1z...L.,.., Sfri (-2— (4.-._ t il' BTACY STRICKLAND Notary Public Public Notary • ' '! A i' ? DIOS January 71,101® THIS INSTRUMENT WAS DRAFTED BY: BARNA, GUZY & STEFFEN, LTD. (KNB) . 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, Minnesota 55433 (763) 780 -8500 547507_1 -4- 54 Exhibit A Legal Dcscriptiou Lot 7, Block 15, Roslyn Park, according to the recorded pat thereof, and situate in Anoka County, Minnesota. -5- 55 CITY COUNCIL LETTER Meeting of: February 13, 2012 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: February 8, 2012 BY: , BACKGROUND /ANALYSIS Attached is the business license agenda for th e February 13, 2012 Council m eeting. This agenda consists of applications for Contractor licenses for 2012. At the top of the license agenda you will notice aphrase 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 February 13, 2012 as presented. COUNCIL ACTION: TO CITY COUNCIL Feb.13, 2012 56 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES - 2012 BLDG *Steve's Quality Tree 1745 191 Ave, Oak Grove $60 *Treehugger Tree Care PO Box 21543, Mpls $60 *Central MN Tree Service 480 Rice Creek Blvd, Fridley $60 *Carter Custom Construct 3276 Fanum Rd, Vadnais Hts $60 Masterpiece Homes 127 E. County Rd C, Little Can $60 *Breski Plumbing LLC 1241 Guthrie Ave N, Oakdale $60 *Delson Plumbing 1308 42 %2 Ave. Col. Hts $60 *MH Plumbing 6725 277 Ave NW, Isanti $60 *Plumb Right Corp 1216 82n Ave N, Brk Pk $60 *Century Plumbing 590 Hayward Ave N, Oakdale $60 *Pete's Plumbing LLC 12011 Eidelweiss St, Coon Rapids $60 *Drain Pro Plumbing 8815 209 St W, Lakeville $60 *P & D Mechanical Cont 4629 41 Ave N, Robbinsdale $60 Creative Htg & AC 6689 Pine Crest Tr, Cott Grove $60 *St Paul Plumb & Htg 640 Grand Ave, St Paul $60 *River City Sheet Metal 8290 Main St, Fridley $60 *Larson Plumbing 3095 162 Ln, Andover $60 *Royalton Htg 4120 85 Ave N, Brk Pk $60 *Yale Mechanical 220 W 81 St, Bloomington $60 57 CITY COUNCIL LETTER Meeting of February 13, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY/ Licenses NO: DATE: February 8, 2012 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the item s listed for rental housing license applications for February 13, 2012 in th at they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 58 7m` Print Rental Licenses to BeR FIRE DEPARTMENT approve by CC loos Don Division 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763- 706 -8156 - Fax: 763 - 706 -8151 10081 4840 JEFFERSON ST NE Kramarczuk, Anna F11458 0 09/30/2012 2433 Dianna Lane $ 150.00 St Paul, MN 55117 10309 972 40TH AVE NE Chalmers, Scott F11245 0 05/31/2012 1601 N. Sepulveda Blvd. $ 150.00 Manhattan Beach, CA 90266 10313 4931 JEFFERSON ST NE Rossi, Fraenkel F11222 0 06/30/2012 6773 Shingle Creek Dr. $ 150.00 Brooklyn Park, MN 55445 10351 3706 MAIN ST NE Chu, Joshua F11479 1 09/30/2012 1327 66th Avenue NE $ 137.50 Fridley, MN 55432 10351 3706 MAIN ST NE Crabtree, Carol F11479 1 09/30/2012 4435 Central Avenue N.E. $ 137.50 Columbia Heights, MN 55421 20254 1349 CIRCLE TERRACE BLVD NE Crystal Corporation F11293 5 08/31/2012 8343 Tillett Loop $ 150.00 Manassas, VA 20110 -8312 20272 1336 43 1/2 AVE NE Omer, Ismael F11404 5 09/30/2012 5600 W Lake Street $ 150.00 St. Louis Park, MN 55416 Total # of Licenses 7 02/08/2012 09:54 Page 1 59 COLUMBIA ������� Mr720 07 ���m������������w� HEIGHTS Print Rental Licenses to FIRE DEPARTMENT approve by CC ins action _���-����������-____ uan*1st Avenue w.E.- Columbia Heights, mw nn4o`- Ph: ran-7osa1on' Fax: /no-rwo'a1s` 10148 4725 6TH ST NE Altmann, Daniel F11470 4725 6TH ST NE $ 150.00 Columbia Heighto, MN 55421 10171 1Q2U4UTH AVE NE Olson, Richard F11535 8U2 Aqua Circle $ 150.00 Lino Lakes, MN 55014 10237 4105 MADISON ST NE Que, Ying F11486 2600 26th Avenue S. #100 $ 150.00 Minneapolis, MN 55406 10242 3841 CENTRAL AVE NE Oborpri||or.Oania| F11485 2919 Knox Ave S. #200 $ 150.00 Minneapolis, MN 55408 10242 3841 CENTRAL AVE NE Shachtele, Bryan F11485 3841 CENTRAL AVE NE $ 150.00 Columbia Heights, MN 55421 10322 3701 VAN BUREN ST NE Bahe..Jeffrey F11469 1171ONonnanda|oBlvd. $ 150.00 Bloomington, K4N55437 10384 4625 PIERCE ST NE Fannie Mae F11467 14221 Dallas Pkwy. $ 150.00 Dallas, TX75254 Total #ofLicenses 7 02/08/2012 09:54 Page 1 60 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: February 13, 2012 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 142200 through 142483 in the amount of $ 3,013,089.50. These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 61 u) w * * * * * * E 0 * * g * * 0 al * * H P4 * * 00 4 * 0 4 * H * * PCI N * * al 6 'H. * * * . . C‘I <0 0 0 * 4 000 * -X HI 0 000 * * (14 H * * C.) > 0 in * * ,0 H 4 ■-1 * * 4..) 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' , 0 w w 1 H NNNNNNNM M MMMMMMrnd' d' d'l0l0l0 l0 l0l0l0l0lO f`N 00 co co EH CO 0 I 0 W H C7 H • a H w �C xU w < a N 0 U � F.4 O o 0 0 �f E-∎ H aa H 0 0 U 0 H O 0 z Lfl Ln I=1 01 w CO CO O 0 0 0 U] ri 0 -H 0 H H x 0 0 0 H Q 0 0 U 0 V H z X 14 '4 H O •• U 0 0 U • 0 0 0 x �H z a H U a W U o U x a H\ a z V w rn 0 x x 1 x �c 0 Z Z i Z 8 U N �C FG FC O < o 0 0 1 01 H CITY COUNCIL LETTER Meeting of: February 13, 2012 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Liquor Application for Columbia Grill at BY: BY: s: a Z 4005 Central Ave. DATE: February 7, 2012 Background Information: On October 5, 2011 the City Council revoked for a minimum of seven days the liquor license held by the owner of the Star Bar at 4005 Central Ave. Due to a number of issues this facility never reopened and the shopping owner has now come to an agreement with a new lease holder. Leland Aadahl, doing business as Laadahl LLC, has made an application for a liquor license at the subject address with the revamped name of "Columbia Grill." Staff (Community Development Department and the Police) met with Mr. Aadahl and explained past concerns and the expectations that the City will have for this business, if the liquor license is approved by the Council. The owner will be making tenant improvements to the inside of the facility and minor exterior changes so that the business looks and feels new and different. The grill concept will remain as a bar, meaning that there will be less than 60% of the receipts in food sales. Staff has asked Mr. Aadahl to be at the Council meeting in order to stand for questions and to discuss his business plan. The police background check showed no past issues associated with the applicant. The staff's recommended action is included within an attachment to the motion. Recommendation: Approval with conditions Recommended Motion: Move to Approve a Liquor License for Laadahl LLC at 4005 Central Ave. per conditions as stated in Attachment A, dated February 13, 2012 and entitled, "Conditions for Approval of Liquor License for Laadahl LLC- 4005 Central Ave." COUNCIL ACTION: C: \Documents and Settings \CCH - User \Desktop \Form for Council Letter.doc 72 Attachment A February 13, 2012 Conditions for Approval of Liquor License for Laadahl LLC (Columbia Grill) 4005 Central Ave Approval of the 2012 liquor license for Laadahl LLC at 4005 Central Ave is conditioned by the Columbia Heights' City Council as follows: 1) The Columbia Grill will employ assigned door security (this does not include either a working bartender or the owner) as follows: a. Friday and Saturday- one security personnel b. Any night that music is being offered as a venue -one security personnel The aforementioned personnel shall be on duty from 7:00 p.m. to closing and shall check for both proper age identification and enforce non - admittance to individuals who are overly intoxicated. 2) Security will walk the Columbia Grill parking lot once every hour on Friday and Saturday nights from 7:00 p.m. until closing and /or any night that music is being offered as a venue. 3) All Columbia Grill employees shall monitor the well -being of patrons leaving the premise and take corrective actions as needed to ensure safety to the individual and /or other customers and property. 4) Serving shall be done in a manner consistent with the State of Minnesota liquor laws. 5) External cameras for parking lot security shall be installed by April 1, 2012 and reasonable access shall be given to the Police Department for any recorded medium, both internal and external to the business operation. 6) Every bartender shall annually attend an Alcohol Awareness and Server Training program. 73 December 27, 2011 Business and Work Summary for: Lee M. Aadahl 2311 Pierce St. N.E. Minneapolis, Mn. 55418 651- 247 -4539 October 1974 - January 1983 Owned and operated Country Kitchen Restaurants in Omaha, Ne., Des Moines, Ia., Tampa and Largo, Fl. March 1983 - December 1985 The Golden Tree, Emmetsburg, Ia. Owner /Operator of this Bar /Supperclub. March 1986 - August 1991 The Roadhouse Restaurant Lounge, Highway 7 Minnetonka, Mn. Owner /Operator. Sales volume was 1.3 Million. Sold to Perkins which was owned by Holiday Inn at the time. January 1992 - November 1997 The Grand Restaurant — Theater, Northfield, Mn. This was a full service restaurant/bar that I changed to a special events only place. Wedding receptions, class reunions, company meetings, anniversaries, musical concerts, etc. The Grand is still operating as such in 2012. October 1992 - June 1993 Jennings Red Couch Inn, St. Louis Park, Mn. Consultant 74 March 1994 - September 1994 The Ranch House Restaurant, Northfield, Mn. Consultant September 1993 - June 1994 J.J.'S Clubhouse Golden Valley, Mn. Consultant. Same owner as Jennings Red Couch Inn August 1994 - December 1994 Mollie Malone's Pub, Minneapolis, Mn. Consultant September 1995 - March 1996 Casino West, Sioux Falls, S.D. Two restaurant /bar operations with ten video poker machines each. I owned them for six months to get the remodeling finished and the business opened. They were then purchased back by the video poker machine company. This was all pre - arranged. March 1998 - August - 2000 Black Angus Grille, Owatonna, Mn. Owner Operator September 2000 - November 2002 Amigos Mexican Grill Chaska Ballroom Chaska, Mn. I leased these two business until they were sold. 75 June 2003 - December 2003 Star Bar, Columbia Heights, Mn. Manager. This was an 11,000 square foot Bar, with food, and Night Club. May 2005 - May 2007 Circle Hill Event Center, Merrillan, Wi. Leasee /operator. Sold my lease to a new operator. December 2007 - June 2008 American Sports Cafe, St. Paul, Mn. Manager July 2008 Star Bar, Columbia Heights, Mn. Volume had fallen to $600,000.00 a year. Consultant September 2009 - October 2011 East 40 Food and Drink, Bismarck, N.D. Full service, fine dining. Took over as a turnaround situation, and operated for two years. 2009 sales were $1.1 million. It will finish 2011 with sales of $1.6 million. 76 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: February 13, 2012 AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Adopt Resolution 2012 -016 being BY: Jeff Sargent, City Planner BY: Resolution for the Approval of a DATE: February 9, 2012 1 Conditional Use Perm it for a m inor automobile repair facility at 836 — 40 th Avenue NE. BACKGROUND: At this time, Tybang Transmission is requesting a Conditional UsePermit (CUP) in order to operate a ninor automobile repair facility in the building located at 836 — 40 Avenue NE, per Code Section 9.110 (F)(3)(c). The Comprehensive Plan guides this propertyfor Commercial use. Minor Auto Repair fcilities are consistent with the types of uses that would be guided as Commercial. With that said, staff does have some concerns will allowing this type of use along 40 Avenue, which suits itself more for neighborhood- oriented businesses. One of the Land Use goals in the Corprehensive Plan is to: "Preserve and enhance the existing viable commercial areas within the community ". An implementation strategy to accomplish this goal is to "Develop a redevelopment plan for the 40 Avenue Corridor" by "budgeting for and completing a redevelopment plan using the Transitional Development District guidance to strengthen the residential character and provide fur increased neighborhood commercial development along 40 Avenue." The Transitional Development District allows for opportunities for neighborhood - retail /service developments. Staff feels that allowing a Minor Autom obile Repair facility to locate along 40 th Avenue would be counterintuitive to the commercial goals as outlined in the Conprehensive Plan, and would have a great potential of disrupting the current csidential character of the surrounding area. With that said, however, th property is zoned correctlyand guided properly for the propoRd use. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on February8, 2012. The Planning Conrnission recommended approval of the Conditional Use Permit with a 4 -0 vote. RECOMMENDED MOTION: MOTION: Move to waive the reading of Resolution 2012 -016, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2012 -016, approving the C onditional Use Permit for a minor automobile repair facility located at 836 — 40 Avenue NE, subject to the conditions outlined in Resolution No. 2012 -016. Attachments: Resolution 2012 -016; P +Z Memo; Location Map; Applicant Narrative; Pictures COUNCIL ACTION: 77 RESOLUTION NO. 2012-016 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR TYBANG TRANSMISSION TO ALLOW A MINOR AUTOMOBILE REPAIR BUSINESS IN THE CENTRAL BUSINESS DISTRICT IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2012 -0201) has been subnitted by Tybang Transmission to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 836 — 40 Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (F)(3)(c), to allow a m inor automobile repair business in the CBD, Central Business District at 836 — 40 Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on February 8, 2012; WHEREAS, the City Council has considered the advice and recom mendations of the Planning Commission regarding the effect of the proposedconditional use permit upon the health, saivty, and welfare of the com munity and its Corn prehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, aii, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of theCity of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, opera ted and m aintained in a m anner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which tie use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 78 Resolution No. 2012 -016 Page 2 8. The use will not cause a negative cunmlative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been com pleted within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Due to the change of occupancy of the building, the building will have to be fitted with a fire- suppression sprinkler system prior to th e tenant operating the business. This item requires a separate building permit from the city. 2. The party wall, as well as the wall separating tie shop area from the offices, will have to be fire -rated to meet minimum requirements. This item requires a separate building perm it from the city. 3. Should the tenant wish to cortinue to store the durrpster outdoors, a masonry enclosure must be constructed to meet minimum code requirements. 4. If over 3 vehicles are stored within the build ing, a flammable liquids trap will have to be installed meeting minimum code requirements. 5. If the tenant utilizes the parking area in the hick of the property, proper parking stalls rust be designated and striped accordingly. 6. During business hours when work is being performed on vehicles, the garage service door must remain closed at all times with the exception of moving the vehicles in and out of the service bay. 7. All vehicles waiting for repair or pick -up shall be stored within an enclosed building or in designated off - street parking spaces. No cars vaiting for repair or pick -up shall be stored on 40 Avenue. 8. All work shall be performed within a completely enclosed building. 9. All vehicles parked or store on -site shall display a current license plate with a current license tab. Outside storage of automobile parts or storage of inoperable or salvage vehicles shall be prohibited. 10. The sale of vehicles shall be prohibited, unless allowed by conditional use. 11. The use shall employ best management practices regarding the venting or odors, gas and fumes. Such vents shall be located a ninimum of ten feet above grade and shall be directed 79 Resolution No. 2012 -016 Page 3 away from residential uses. All storage tanks shall be equipped with vapor -tight fittings to eliminate the escape of gas vapors. 12. Any newly - installed rooftop equipm ent must be screened from view from adjacent properties. 13. An environmental management plan, including a storm water management and drainage plan, shall be subm itted and approved to address the im pact of the facility on the environment. Passed this 13 day of February, 2012 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 80 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2012 -0201 DATE: February 8, 2012 TO: Columbia Heights Planning Commission APPLICANT: Tybang Transmission LOCATION: 836 — 40 Avenue NE REQUEST: Conditional Use Permit for a Minor Automobile Repair Shop PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Tybang Transmission is requesting a Conditional Use Permit (CUP) in order to operate a minor automobile repair facility in the building located at 836 — 40 Avenue NE, per Code Section 9.110 (F)(3)(c). Currently, the building is occupied by Minnfx, Inc., that operates as a special effects contractor for movies, etc. Tybang Transmission is currently located at 4201 Central Avenue and has been in that location for the last 2 years. Tybang Transmission plans no exterior changes to the building located at 836 — 40 Avenue. Inside the building, the current paint booth will be removed, as well as the present metal and wood shop machinery. Transmission shop equipment will be installed. As stated by the applicant, "Tybang Transmission repairs both automatic and standard transmissions. Its mission is to deliver quality transmission repair at a fair price. Its owner, Tybang Nguyen, strives to make the customer feel welcome and comfortable. He and his staff are skilled technicians who can diagnose today's sophisticated transmission problems ". The applicant has also stated that no dismantled vehicles will be stored outside the building and that the business will be operated in harmony with the neighborhood and will generate little traffic. COMPREHENSIVE PLAN The Comprehensive Plan guides this property for Commercial use. Minor Auto Repair facilities are consistent with the types of uses that would be guided as Commercial. With that said, staff does have some concerns will allowing this type of use along 40 Avenue, which suits itself more for neighborhood- oriented businesses. One of the Land Use goals in the Comprehensive Plan is to: "Preserve and enhance the existing viable commercial areas within the community ". An implementation strategy to accomplish this goal is to "Develop a redevelopment plan for the 40 Avenue Corridor" by "budgeting for and completing a redevelopment plan using the Transitional Development District guidance to strengthen the residential character and provide for increased neighborhood commercial development along 40 Avenue." The Transitional Development District allows for opportunities for neighborhood- retail /service developments. 81 City of Columbia Heights Planning Commission February 8, 2012 CUP - Tybang Transmission Case # 2012 -0201 Staff feels that allowing a Minor Automobile Repair facility to locate along 40 Avenue would be counterintuitive to the commercial goals as outlined in the Comprehensive Plan, and would have a great potential of disrupting the current residential character of the surrounding area. With that said, however, the property is zoned correctly and guided properly for the proposed use. ZONING ORDINANCE The subject property is zoned CBD, Central Business District, as are the properties to the north, east and west. The properties to the south are zoned R -3, Multiple Family Residential. The property is also located within the 40 Avenue Design Guidelines District, and will be subject to regulations for properties located therein. Minor Auto Repair facilities are defined as "The replacement of any part or repair of any part including the removal of the engine head or pan, engine, transmission or differential; incidental body or fender work; minor painting and upholstering service when said service above stated is applied within and enclosed building." Minor Auto Repair facilities are specifically mentioned as a Conditional Use in the Central Business District, and the repairing of transmissions fits the definition. PARKING. Per Code Section 9.106 (L)(8), the CBD is established as a public off - street parking district, so that nonresidential uses are exempt from providing off - street parking spaces as required. For this reason, the applicant will not have to supply adequate on- site parking for its customers. DESIGN GUIDELINES. At this time, the applicant is not proposing any exterior changes to the building. However, shall the building have the need for rooftop - mounted exhaust systems, etc., those facilities would have to be screened from public view per the Design Guidelines standards. Any new signage for the business would also have to meet minimum Design Guideline standards and will be approved administratively by the Zoning Administrator. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. The proposed use of the building as a minor automobile repair facility is specifically listed as a Conditional Use in the CBD, Central Business District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The proposed use complies with the Comprehensive Plan guidance for the property upon which the use will be located. However, Staff believes that the Page 2 82 City of Columbia Heights Planning Commission February 8, 2012 CUP - Tybang Transmission Case # 2012-0201 general purpose and intent of the Comprehensive Plan would be compromised if the use was allowed based on the fact that the intended character of the area is for residential uses and residentially- oriented services. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use is traditionally a more intensive use than others in commercially zoned areas. Specifically, this parcel is located adjacent to several residentially -zoned parcels and also shares a common alley with them. Should this CUP be approved, a list of conditions will be added to help ensure that the proposed use will not have any disturbing influences on neighboring properties. However, even with those conditions, it is difficult to determine whether the proposed use would fit harmoniously within the intended character of the area. (d) The use will not substantially diminish the use of property in the immediate vicinity. The imposed conditions of approval should ensure that the proposed use would not substantially diminish the use of property in the immediate vicinity. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The applicant is not suggesting any exterior changes to the building at this time. For this reason, the appearance of the building will remain compatible with the appearance of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is a correct statement. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The applicant stated that traffic congestion would not be altered with the presence of his business. It is assumed that vehicles, including tow trucks would access this property either from the southbound -only alley off of 40th Avenue, or the alley off of Jackson Street in order to drop off vehicles for repair at the rear of the building. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. Should this CUP be approved, a list of conditions will be added to help ensure that the proposed use will not have a negative cumulative effect on neighboring properties. However, even with those conditions, it is difficult to determine Page 3 83 City of Columbia Heights Planning Commission February 8, 2012 CUP — Tybang Transmission Case # 2012 -0201 whether the proposed use would fit harmoniously within the intended character of the area. (i) The use complies with all other applicable regulations for the district in which it is located. This is a correct statement. RECOMMENDATION Staff recommends that the Planning Commission take everything into consideration when deciding whether or not to recommend approval of the proposed use at 836 — 40 Avenue. Should the Planning Commission recommend approval, Staff has supplied a list of conditions to help regulate the proposed use at its proposed location. The following motion should be used to approve the CUP: Motion: That the Planning Commission recommends that the City Council approve the Conditional Use Permit for a Minor Automobile Repair facility located at 836 — 40 Avenue NE, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. Due to the change of occupancy of the building, the building will have to be fitted with a fire- suppression sprinkler system prior to the tenant operating the business. This item requires a separate building permit from the city. 2. The party wall, as well as the wall separating the shop area from the offices, will have to be fire -rated to meet minimum requirements. This item requires a separate building permit from the city. 3. Should the tenant wish to continue to store the dumpster outdoors, a masonry enclosure must be constructed to meet minimum code requirements. 4. If over 3 vehicles are stored within the building, a flammable liquids trap will have to be installed meeting minimum code requirements. 5. If the tenant utilizes the parking area in the back of the property, proper parking stalls must be designated and striped accordingly. 6. During business hours, the garage service door must remain closed at all times. 7. All vehicles waiting for repair or pick -up shall be stored within an enclosed building or in designated off - street parking spaces. No cars waiting for repair or pick -up shall be stored on 40 Avenue. 8. All work shall be performed within a completely enclosed building. Page 4 84 City of Columbia Heights Planning Commission February 8, 2012 CUP — Tybang Transmission Case # 2012 -0201 9. All vehicles parked or store on -site shall display a current license plate with a current license tab. Outside storage of automobile parts or storage of inoperable or salvage vehicles shall be prohibited. 10.The sale of vehicles shall be prohibited, unless allowed by conditional use. 11.The use shall employ best management practices regarding the venting or odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor -tight fittings to eliminate the escape of gas vapors. 12.Any newly - installed rooftop equipment must be screened from view from adjacent properties. 13.An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. ATTACHMENTS • Draft Resolution • Location Map • Site Plan • Applicant narrative Page 5 85 836 - 40th Avenue NE 4119 4116 4117 871 B81 1 I 4113 WM 4113 825 Wlimi Em I Isaail 4108 4109 //WARGO 4101 I $W$ 4105 T I 4102 4101 COURT 41ST I 4059 4058 838 4057 4056 4055 4053 4054 (j) 4049 4048 4047 4054 4049 4048 ' 4044 4045 4041 4041 4040 4037 4038 4040 ' 4031 4034 4032 N 4030 4001 4030 ' 4027 4024 4030 4021 4026 4024 ' 4023 / 4020 4022 W 4020 Z 4018 CC W 0 ›- 0 4012 D 4016 o CO Z 4000 Z ■ 831 843 Z 4000 �■ 3988 m o o° m N N ° 0 0 CO l, 3984 9° m r... r.- ~ `O CO 00 820 3982 ./ 3977 \ / 820 1 900 3970 3974 3970 973 3971 3968 3989 3967 3970 3966 3967 3968 396 3964 3959 3960 3959 Mal 3958 39 GO U LD 3957 3956 955 ® 3957 3952 950 3953 3952 3953 3951 3948 3951 39481 3946 3947 3946 3943 3944 NMI 3942 .1943 3939 3938 3939 3932 3935 3934 3935 3935 3939 4 3932 3931 3930 1112111 3931 3928 3923 3922 3923 3924 3921 3918 3918 725 917 3914 3915 3912 3919 3911 3910 i 3906 co 701 715 3900 3901 3900 rn 0 3900 3901 M 3856 3857 3856 3855 850 3857 �e 'Joee 3859 Location Map 86 PROPOSED SITE PLAN T a NSMISSION--836 40 AVE ..tik v 1 NE, COLUMBIA HEIGHTS, MN, SCALE: 1"=20' 40 AVE. NE - i irde l t..1 Alt% 2 Mir* -.. i t .,, i / I — 1 --II. I..„._ i 1 „ ',... s.... 1 B&W 1 INI-se. elf wthei i dfkel % , — . ti 4 $td‘ Z *4 ! 1 sl I 04 f e ,,,,, , .......,, ....... „hap i I 1 I 1 f - . 1 f..ir derev, claor ; t I I 1 1 1 ' , I 1 I I I ) 1 1 i I , , i . 1 ON-SITE PARKING ALLEY 87 . e ..-- ." ..--.'-: --,';',...--, -..••••••.';'' s''.... -. - - S: -- -. -. ...'.."1 , s • • - e - S. - .1 , cfr Floor plan - -- .,„....„.. . .... , . . 1 ■ M i i 14 - . • : --••• '-... , -. . 1 'OMNI ) 4 ..i ,., 1 iu , 4 '4114 1 I Idtttv;fri ai , lleat,A I —.; ,: . 21:14 VAI ' v ...„, ' ir " , -.•:-•,,::. - 1J-.),,,,-. -' 'tl-IL ----------'' • •-• *---" • - " -' "• !to i 1 3/41 1 1 , i tl. it 1-1•4 i . I i I I I I 1 i I I IF ; . i ; . ; I . I i 1 1 i 1 r , , ttxt 2' ipm".;; door . I i i 88 1 Reason for Request for Tybang Transmission: The building at 836 40 Ave. NE is located within the City of Columbia Heights CBD Zoning District. The proposed transmission shop requires a conditional use permit approval from the City to be able to be operated from this location. Tybang Transmission currently is a tenant in a commercial building located 2 Y2 blocks away from the proposed new location. This business has been at that location for about 2 years. Tybang Transmission plans no exterior changes to the 836 40 Ave. building. Inside the building, the current paint booth will be removed, as well as the present metal and wood shop machinery. Transmission shop equipment will be installed. The existing building has heavy electrical power, a 12' rear drive in door, trench drains and a column free warehouse area. It is 5,147 sq. ft. in size and shares a party wall on the west with a 1,800 sq. ft. building at 834 40 Ave. (See attached photos and floor plan of building). Tybang Transmission repairs both automatic and standard transmissions. Its mission is to deliver quality transmission repair at a fair price. Its owner, Tybang Nguyen, strives to make the customer feel welcome and comfortable. He and his staff are skilled technicians who can diagnose today's sophisticated transmission problems. Tybang Transmission will have no dismantled vehicles stored outside the building. The building will look the same as it looks today. The business will be operated in harmony with the neighborhood and will generate Iittle traffic. The goal of Tybang Transmission is to be a good neighbor and to run a business that will be compatible with the surrounding area. 89