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HomeMy WebLinkAbout03/12/2012 Regular Meeting CITY OF COLUMBIA HEIGHTS Mayor Gary L.Peterson 590 401h Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Counci/members Visit our website at:www.ci.columbia-hei'hts.mn.us Robert A. Williams Bruce Nawrocki Tammera Diehm Donna Schmitt City Manaiter Walter R.Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, March 12, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Pastor Bob Lyndes, Crest View Communities 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. Love Your Library - Buy a Heart 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 5 MOTION: Move to approve the minutes of the February 27, 2012 City Council meeting. p B. Accept minutes of the Boards and Commissions MOTION: Move to accept the March 6, 2012 Planning and Zoning Commission minutes. p16 C. Re-appointments to Boards and Commissions p30 MOTION: Move to reappoint Tantanella and Vesley to three year terms on the Library Board; Olson to a four year term on the Traffic Commission; McDonald and Payne to five year terms on the Park and Recreation Commission; and Szurek to a four year term on the Planning and Zoning Commission. D. Authorize purchase of replacement Fire Department chiefs/command vehicle p31 MOTION: Move to authorize the purchase of a 2012 Chevrolet Tahoe 4x4 from Thane Hawkins Polar Chevrolet in the State of Minnesota Purchasing Contract amount of$32,750.95; and to equip the vehicle with lights, siren, radio, and computer mount in an amount not to exceed $7500; and a graphics package not to exceed $300. Funding shall be from the Fire Capital 2 City Council Agenda Monday,March 12,2012 Page 2 of 3 Equipment fund 439-42200-5150. E. Adopt Resolution No. 2012-27,being a Resolution approving an Alternative Fee Structure for Wine License p32 MOTION: Move to waive the reading of Resolution#2012-27 there being ample copies available to the public. MOTION: Move to approve Resolution 2012-27, being a Resolution amending Ordinance Section V, Section 5.505 (G) to reduce on-sale wine license fees from$2,000 to $1,200 for restaurants ranging from 25 to 74 seats and maintaining a$2,000 license fee for facilities that are at, or exceed 75, seats. F. Approval of attached list of rental housing applications. p35 MOTION: Move to approve the items listed for rental housing license applications for March 12, 2012 in that they have met the requirements of the Property Maintenance Code. G. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for March 12, p39 2012. H. Review payment of the bills p41 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 142626 through 142816 in the amount of$632,705.86. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolution 2012-025 being Resolution for the Approval of a Site Plan for O'Reilly Auto p50 Parts Store located at 3700 Central Avenue. MOTION: Move to waive the reading of Resolution 2012-025,there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2012-025, approving the Site Plan for the construction of a 7,500 square foot O'Reilly Auto Parts Store located at 3700 Central Avenue, subject to the conditions outlined in Resolution No. 2012-025. B. Adopt Resolution 2012-026 being Resolution for the Approval of a Conditional Use Permit for a p70 used auto sales facility located at 5009 University Avenue MOTION: Move to waive the reading of Resolution 2012-026, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2012-026, approving the Conditional Use Permit for a used auto sales facility located at 5009 University Avenue NE, subject to the conditions outlined in Resolution No. 2012-026. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 3 City Council Agenda Monday,March 12,2012 Page 3 of 3 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 4 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, FEBRUARY 27, 2012 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, February 27, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Rev. David Briley, Oak Hill Baptist Church, gave the Invocation. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to again add Council Corner to the agenda. Peterson stated that was up to the pleasure of the Council. Williams requested to discuss this at a work session. Nawrocki read a statement about the amount of time the Mayor speaks regarding city news and proclamations,but that citizens are limited to five minutes. He referred to his liquor operations questions. He referred to his questions about the Library Task Force and possible costs associated with any new buildings. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS - none CONSENT AGENDA Nawrocki requested to remove items C, E, F, H, 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 February 13, 2012 City Council meeting. Deb Johnson indicated her name was incorrectly listed at Donna in these minutes. She questioned who the property contact was for 4625 Pierce Street. Gorman stated there is a property management company that we have the contact information for. B. Accept minutes of the Boards and Commissions Motion to accept the October 26, 2011 minutes of the Park and Recreation Commission Nawrocki questioned why it takes so long to receive some of these minutes. Fehst indicated that depends on the length of time between meetings. C. Ratification of ten people appointed to Library Task Force - removed D. Authorization to seek bids for the 2012 Miscellaneous Concrete Replacement and Installation Project Motion to authorize staff to seek bids for the 2012 Miscellaneous Concrete Replacement and Installation Project E. Adopt Resolution 2012-018, being a Resolution approving plans and specifications and ordering advertisement for bids for the 2012 Street Rehabilitation Project - removed 5 City Council Minutes Monday,February 27,2012 Page 2 of 11 F. Approve construction of right turn lane from 50th Avenue NE onto northbound TH 65 (Central Avenue)- removed G. Adopt Resolution 2012-020, being a Resolution requesting MSAS construction funds for other local transportation uses Motion on to waive the reading of Resolution 2012-020, there being ample copies available to the public. Motion to adopt Resolution 2012-020 requesting Municipal State Aid System construction funds for other local transportation uses. H. Adopt Resolution 2012-019, being a Resolution declaring the intent to bond for Zone 7 Street Rehabilitation Project, City Project 1202 - removed I. Approve final payment for MSC garage floor repairs and coating, Project 1108 Motion to accept the work for 2011 MSC Garage Floor Repairs and Coating, City Project No. 1108 and authorize final payment of$14,430.86 to SPS Infrastructure, Inc. of Saint Paul, Minnesota. Fehst stated there will be more steel beams put in place this year. J. Adopt Resolution No. 2012-23, being a resolution reconfirming precinct boundaries and designated polling places. Motion to waive the reading of Resolution No. 2012-23, there being amble copies available to the public. Motion to adopt Resolution No. 2012- 23, being a resolution reconfirming precinct boundaries and designated polling places. Fehst stated that the polling places have not changed. Council members were given maps of the new district numbering system. K. Adopt Resolution 2012-17, being a Resolution establishing Property Maintenance Inspection fees - removed L. Approval of the attached list of rental housing licenses Motion to approve the items listed for rental housing license applications for February 27, 2012 in that they have met the requirements of the Property Maintenance Code. M. Approve Business License Applications Motion to approve the items as listed on the business license agenda for February 27, 2012 as presented. N. Review payment of the bills Motion that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 142484 through 142625 in the amount of $480,877.29. Motion by Diehm, second by Williams, to approve the Consent Agenda items with the exception of items C, E, F, H, and K. Upon vote: All ayes. Motion carried. 6 City Council Minutes Monday,February 27,2012 Page 3 of 11 C. Ratification of ten people appointed to Library Task Force Motion by Diehm, second by Williams, to ratify appointment of the ten people listed to the Task Force to study the replacement of the Library building either with a single building or a joint facility with City hall. Nawrocki stated his disappointment in that he has asked for a scope of the study and costs included. He is opposed to including a city hall. He requested more information on the names as some do not live in Columbia Heights. Fehst stated that prior to appointment, addresses are not public data. This group is only a task force and Council will only be requested to accept their report and put it on file. There is no requirement to act on their findings. Nawrocki felt this task force was hand-picked by the Librarian. Fehst stated that we can indicate if they live in the community. Nawrocki stated that he gave the name of Jim Fowler to the Mayor as a recommendation. Peterson stated that Mr. Fowler chose not to submit an application. Librarian Becky Loader stated that residence was not a requirement, only interest in the community. She reviewed the applications with the Mayor and compiled a cross section of members, with alternates being chosen. The remaining applicants will be brought in for input, but will not be on the task force. Williams stated that the Council has not made a decision on this and everyone knows that the Members of the Library are raising funds for a new facility. The Mayor makes honorable choices. He stated that Council member Nawrocki looks too far into the future. We should have looked at replacing city hall prior to the building of the Public Safety building. Let the task force do their job. Schmitt referred to an original comment on having an equal number of members for or against a new library. If they put their name in it shows their interest. She stated her pleasure to see new people interested in the city and appreciated that the word got out to the citizens. We are not bound by their decision. It is just their input and is not a commitment at this point. Peterson stated he does not know the feelings of any one in the group. He knows his feelings, but wants to know their unbiased feelings. We have no idea of dollars required. Loader stated that there is no information to disseminate at this point. Until we have someone to work with, we have nothing to present. They will be given the information from the other four times this process was begun. Diehm stated that as a council member she hoped for more citizen participation and this is an opportunity for people to step up and get involved have not been involved previously. We will have a hard time getting people involved if we scrutinize those that do. Nawrocki referred to his history with the library. He stated that we are also talking about a city hall. How we pay for this is important as it would be with tax payer dollars. He referred to the free offer of a consultant's input,but felt it would result in a push for them to handle the project. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye;Nawrocki, nay; Peterson, aye. 4 ayes— 1 nay. Motion carried. E. Adopt Resolution 2012-018, being a Resolution approving plans and specifications and ordering advertisement for bids for the 2012 Street Rehabilitation Project Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2012-018, there being 7 City Council Minutes Monday,February 27,2012 Page 4 of 11 ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2012-018 approving plans and specifications and ordering advertisement for bids for 2012 Street Rehabilitation Project, Zone 7, City Project Number 1202. Nawrocki stated he voted against this project. He has traveled every street and did not feel there was any great problem with the streets. He considered the heavy cost of assessments to residents and would be in favor of delaying the project. Williams stated there was a public hearing on this and there was no strong opposition. The Public Works Director recommended this. Fehst stated that there was one street removed from the project. Nawrocki stated that there were several people opposed to this at the initial meeting. Schmitt stated that those people were from 4th street and that was removed. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. F. Approve construction of right turn lane from 50th Avenue NE onto northbound TH 65 (Central Avenue) Motion by Diehm, second by Schmitt, to order the construction of a right turn lane on 50th Avenue NE onto northbound TH 65 (Central Avenue) in the 2012 Street Zone Improvement Program. Public Works Director Kevin Hansen referred to the diagram in the packet and explained the expansion of the right turn lane. It would move the curbing back to allow more room. We would have to move a catch basin and water hydrant and a place a sidewalk on the north side. Hansen stated the width would result in a 47 foot wide street. Peterson questioned if the right turn will be an angle. Hansen stated it will be a slight taper. Schmitt questioned the frontage road. Hansen stated that the Council directive was to not change the frontage road. Hansen stated that we do have traffic counts prior to Jimmy John's and Aldi's. Williams questioned if the project were delayed for a year, is there a possibility that the State would help with funding. Hansen indicated that the State will do a signal replacement here, and we would do this prior to their work. They will include the timing loop work. We would not receive funding as this project would not rank high with MnDOT. Upon vote: All ayes. Motion carried. H. Adopt Resolution 2012-019, being a Resolution declaring the intent to bond for Zone 7 Street Rehabilitation Project, City Project 1202 Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2012-019, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution 2012-019, being a resolution approving the declaration for the official intent of the City of Columbia Heights to bond for Zone 7 Street Rehabilitation Project, City Project 1202. Nawrocki questioned the outstanding bond amounts. Hansen stated that the 1999 bond is paid off. Additional amounts will be given to the Council. 8 City Council Minutes Monday,February 27,2012 Page 5 of 11 Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes— 1 nay. Motion carried. K. Adopt Resolution 2012-17, being a Resolution establishing Property Maintenance Inspection fees. Motion by Diehm, second by Schmitt, to waive the reading of Resolution No.2012-17, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution No. 2012-17, being a Resolution establishing Property Maintenance Inspection fees. Nawrocki stated the existing budget is based on the current fees and questioned the need for this. If you have three units, you pay the same amount for the inspection as a one unit. The fire department staff can handle this work and we are making good use of their time. He asked when the fee would be considered late. Gorman stated the renewal process. They receive notification 45 days prior to their license renewal and a reminder letter two weeks prior to that date. They would be late as of the first of that month. Gorman explained the time and cost of the revocation process and his belief that those causing the extra cost should pay for this, not other tax payers. There are usually 15 to 20 properties per month that are late. We were cut 20 clerical hours and need the time to do other things. Fehst stated that there will be very clear notification that late fees will be applied. Diehm stated there was extensive discussion at the work session. We are not changing the license fees. This is only a late fee. There are times when the proper information is completed within hours of the Council meeting. There are late fees for things, such as utilities. Williams referred to inspection cost differences by unit size. Gorman explained the unit costs. Diehm recommended this be placed on a work session for discussion. Peterson stated this has been discussed in the past. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolution 2012-21, 4054 2nd Street N.E. being a Resolution of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Gorman stated this is a new rental that has been inspected by the Building Official in December. Required repairs have not been corrected. Motion by Diehm, second by Schmitt, to close the public hearing and to waive the reading of Resolution Number 2012-21, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution Number 2012-21 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. B. Adopt Resolution 2011-22, 3809 Buchanan Street NE being a declaration of nuisance and abatement of violations within the City of Columbia Heights. Gorman stated this property was inspected again today and is believed to be vacant. 9 City Council Minutes Monday,February 27,2012 Page 6 of 11 Motion by Diehm, second by Schmitt, to close the public hearing and to waive the reading of Resolution Number 2012-22 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution Number 2012-22 being a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions - none B. Bid Considerations Approve Capital Equipment replacement of Unit#69: Ford single axle 35,000 GVW dump truck and attachments, from the State of Minnesota purchasing contract Hansen stated that this equipment replacement was included in the 2012 budget and is the last dump truck of the group to be replaced. Pricing is from the Minnesota State purchasing contract. Nawrocki questioned the sales tax amount. Hansen stated it is the same as any other purchase. Nawrocki questioned the axle weight requested. Hansen stated that with the attachments to be used on this vehicle, that weight is necessary. Hansen referred to wing plows and the efficiency of the rear wing plow that we use, which saves making multiple passes with the plow. Hansen stated that we get about 15 years of service from these vehicles. Schmitt stated her husband, who does this for a living, questioned purchasing the International brand as it currently does not meet emission standards and is not as fuel efficient. She asked if we could get another quote as gas prices will continue to rise. Hansen stated that MnDOT has determined this meets the State bidding contract guidelines. This also allows for maintenance of similar equipment, as the other trucks are Internationals. This will replace a Ford vehicle. Schmitt stated her concerns with the International brand. Hansen stated that to do this we would have to prepare bid documents and take sealed bids. Using the State's contract means the bidding process is done for us. We have not had any problems with the past International purchases. Jim Hoeft, City Attorney, stated we can write specs, but cannot ask for a specific brand. If it is a comparable item, we would have to take the lower bid. Hansen stated that this truck is used year round. Nawrocki asked if the State takes bids on heavier or lighter vehicles. Hansen stated yes. Each vehicle can be outfitted differently. Peterson verified the reliability of our current vehicles and the advantage for mechanics to work on similar vehicles. Motion by Diehm, second by Schmitt, to purchase from the State of Minnesota Purchasing Contract the Capital Equipment Replacement for Unit#69: One (1) new International single axle 41,000 GVW dump truck chassis from Astleford International of Minneapolis in the amount of $76,898; and purchase the dump box, reversible front plow, belly plow, wing plow and sander from Truck Bodies and Equipment International, Inc. of Lake Crystal, MN in the amount of $75,850 for a total price of$152,748.45 plus sales tax. Schmitt stated that we have good mechanics and they can work on any type of vehicle. Working on only similar make vehicles should not be a consideration. 10 City Council Minutes Monday,February 27,2012 Page 7 of 11 Upon vote: Schmitt, nay; Williams, aye; Diehm, aye;Nawrocki, aye; Peterson, aye. 4 ayes- 1 nay. Motion carried. C. New Business and Reports—nothing to report ADMINISTRATIVE REPORTS Report of the City Manager Fehst reported on Ms. Kathy Brown's request from the last council meeting. One of our staff did give her the wrong information. We have a moral obligation to work with this resident and we will do so. Fehst stated he apologized on his and Council's behalf. Diehm stated this should serve as a reminder to not be pressured into making decisions during citizen's forum. They may be better served with additional information. Fehst referred to the gas station that burned on 40th and University. There was a question if the tanks would be removed. Fehst stated he has heard the station will be rebuilt. Williams stated that we have to be more concerned for our constituents. Politicians are elected to be concerned about our constituents and employees of our citizens. Fehst stated that are other ways people involved could have helped this situation. We make mistakes and the citizens should be the beneficiary of the apology. Nawrocki suggested others look at the property, as there are other problems there. Nawrocki asked that there be follow up on the Comcast service question whereby a resident had cable, discontinued it for Direct TV, and now would like to access the government channels. Fehst stated he is looking at the contract and looking for the right person to contact. Previously there was free access to community programing. These people were grandfathered in. New applicants would need to pay for the service. Nawrocki stated that the Telecommunications Commission has not met for a year and he is not sure if they should meet or disband. Maybe the Commission should meet with Comcast about what they are doing. Nawrocki requested to be registered for the Legislative Conference on March 20th with no meal included. Report of the City Attorney—nothing to report CITIZENS FORUM Deb Johnson, 4626 Pierce Street, referred to the Sunday newspaper article about the whistleblower on St. Anthony smoke shops. Are we having any such problems? Fehst stated that we depend on our State agency to oversee this. We respond on a complaint basis and receive very few complaints. Nawrocki spoke on the Parkview Villa checking account not receiving interest. Fehst stated that the Finance Director responded to this in the last green sheet. Nawrocki requested staff speak to US Bank. Peterson asked that we not forget our service men and women. He stated that he and the City Manager were invited to River Center to Skype with three bases in Kuwait, with steaks served here and there. Peterson stated that St. Paul is becoming a yellow ribbon community and he would like to see us also become a yellow ribbon community to help veterans fit back into society. The Police Chief indicated that even some police men do not have jobs when they return. There were 50 people from this group that went to Kuwait. 13,000 were served this meal. Diehm stated her brother went to Kuwait to help serve the troops and visited the five different bases. It was an incredible experience. 11 City Council Minutes Monday,February 27,2012 Page 8 of 11 Diehm stated that our community lost a young person and this is a trying time for kids at the high school. There was a service at the high school and a luncheon was held at Murzyn hall. Donations for the family are still being accepted. Peterson stated: Don't take life to seriously, do our best to enjoy life. Do random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:45 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION 2012-018 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2012 STREET REHABILITATION PROJECTS,ZONE 7,CITY PROJECT NUMBER 1202 WHEREAS,pursuant to a resolution passed by the Council on January 18,2012,the City Engineer has prepared plans and specifications for Mill and Overlay on 3`d Street from 42"d Avenue to 44th Avenue and on Summit Street from 5th Street to 40th Avenue; NOW THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS,MINNESOTA 1. Such plans and specifications identified as 2012 Street Rehabilitation,Zone 7,City Project Number 1202 are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening,shall specify the work to be done,shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m.on Tuesday,April 3,2012 at which time they will be publicly opened at the place designated,will then be tabulated and will be considered by the Council on Monday,April 9,2012 in the Council Chamber. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit,bid bond,or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. RESOLUTION 2012-019 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS,Internal Revenue Service has issued Tres.Reg. 1.140-2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met;and, WHEREAS,the City of Columbia Heights(the"City")expects to incur certain expenditures which may be financed temporarily from sources other than bonds,and reimbursed from the proceeds of a bond; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures for Project No. 1202 consisting of Zone 7 Street Rehabilitation and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $200,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres.Reg. 1.150-2 and any successor law,regulating or ruling. RESOLUTION 2012-020 BEING A RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL TRANSPORTATION USES WHEREAS,the City of Columbia Heights receives Municipal State Aid System(MSAS)funds for construction and maintaining 20%of its City streets,and WHEREAS, 11.62 MSAS miles are currently authorized,and WHEREAS, 11.62 MSAS miles of streets have been built or resurfaced since 1964,and WHEREAS,the City currently has 48.58 miles of municipal streets that require maintenance and upgrade,and WHEREAS,the majority of these streets have insufficient strength and poor surface drainage,and 12 City Council Minutes Monday,February 27,2012 Page 9 of 11 WHEREAS,it is proposed to systematically install or repair concrete curb and gutters for improved surface water drainage and add additional strength to the streets for traffic survivability,and WHEREAS,the City State Aid routes are improved to State Aid standards and are in an adequate condition that they do not have needs other than additional resurfacing,and WHEREAS,it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid allocation on local streets not on the approved State Aid system,and WHEREAS,the City proposes to rehabilitate the City-owned underground utilities as needed and rebuild the street in the process, and WHEREAS,it is proposed to use a portion of the City's population allocation funds to upgrade the local street,to wit: WHEREAS the City indemnifies save and holds harmless the State of Minnesota and its agents and employees from claims, demands,actions,or causes of action arising out of or by reason or matter related to constructing the local street as designed,and WHEREAS,the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street,and WHEREAS,the final approval of the State Aid for Local Transportation Division is therefore given, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,MINNESOTA The City of Columbia Heights,Anoka County Minnesota,requests the release of MSAS construction funds for the upgrade and rehabilitation of City municipal streets,to wit: 3`d Street,42"d Avenue to 44'h Avenue and Summit Street, 5th Street to 40th Avenue RESOLUTION 2012-23 RESOLUTION CONFIRMING EXISTING ELECTION PRECINCT BOUNDARIES AND POLLING PLACES Whereas,the legislature of the State of Minnesota has been redistricted;and Whereas,the voting precincts in the City must be reestablished or reconfirmed after the legislature has been redistricted: Now,Therefore,Be It Resolved by the City Council of the City of Columbia Heights,Anoka County, State of Minnesota that: 1. The City be divided into eight voting precincts effective with the August 14,2012 State Primary Election,and 2. That the boundaries of the precincts are hereby established pursuant to Minnesota Statute 204B.14 subdivision 3C,and 3. That the polling places of the precincts are hereby established pursuant to Minnesota Statute 204B.16,and 4. That such boundaries and polling places shall be as follows: Precinct 1 described as follows:Beginning at the intersection of 44th Avenue and Main Street,south along the center line of Main Street to 40th Avenue,west along the center line of 40th Avenue to the west boundary of Columbia Heights,south along the western boundary of Columbia Heights to 37th Avenue east along the center line of 37th Avenue to 5th Street,north along the center line of 5th Street to 39th Avenue,northeast along the center line of 39th Avenue to Jefferson Street,north along the center line of Jefferson Street to 40th Avenue,west along the center line of 40th Avenue to 7th Street,north along the center line of 7th Street to 44th Avenue, west along the center line of 44th Avenue to the center line of Main Street. The polling place for Precinct 1 shall be John P.Murzyn Hall located at 530 Mill Street. Precinct 2 described as follows:Beginning at the intersection of 44th Avenue and 7th Street,south along the center line of 7th Street to 40th Avenue,east along the center line of 40th Avenue to Jefferson Street,south along the center line of Jefferson to 39th Avenue, west along the center line of 39th Avenue to 5th Street,south along the center line of 5th Street to 37th Avenue,east along the center line of 37th Avenue to Central Avenue,north along the center line of Central Avenue to 44th Avenue,west along the center line of 44th Avenue to the center line of 7th Street. The polling place for Precinct 2 shall be Immaculate Conception Catholic Church located at 4030 Jackson Street. Precinct 3 described as follows:Beginning at the intersection of 42' Avenue and Central Avenue,south along the center line of Central Avenue to 37th Avenue,east along the center line of 37th Avenue to Hayes Street,north along the center line of Hayes Street to 40th Avenue,west along the center line of 40th Avenue to Reservoir Boulevard,northeast along the center line of Reservoir Boulevard to 42"d Avenue, west along the center line of 42"d Avenue to the center line of Central Avenue. The polling place for Precinct 3 shall be Parkview Villa located at 965 40th Avenue NE. Precinct 4 described as follows:Beginning at the intersection of 42"Avenue and Central Avenue,east along the center line of 42" Avenue to Reservoir Boulevard,northeast along the center line of Reservoir Boulevard to McLeod Street,west along the center line of McLeod Street to north along the center line of McLeod Street to 45th Avenue,west along the center line of 45th Avenue to southwest corner of Keyes Park,north along the western boundary of Keyes Park to 46th Avenue,east long the center line of 46th Avenue to the Minneapolis Water Works,north along the boundary of the Minneapolis Water Works to 49th Avenue,west along the center line of 49th Avenue to Fillmore Street,northwest along the center line of Fillmore Street to 50th Avenue,west along the center line of 50th Avenue to Central Avenue,south along the center line of Central Avenue to the center line of 42"d Avenue. The polling place for Precinct 4 shall be Highland Elementary School located at 1500 49th Avenue Ne. Precinct 5 described as follows:Beginning at the intersection of Hayes Street and 37th Avenue,east along the center line of 37th Avenue to Stinson Boulevard,north along the center line of Stinson Boulevard to 45th Avenue,west along the center line of 45th Avenue to the Minneapolis Water Works,west along the southern boundary of the Minneapolis Water Works to Keyes Park,west along the southern boundary of Keyes Park to McLeod Street, south along the center line of McLeod Street then east along the 13 City Council Minutes Monday,February 27,2012 Page 10 of 11 center line of McLeod Street to Reservoir Boulevard,southwest along the center line of Reservoir Boulevard to 40th Avenue,east along the center line of 40th Avenue to Hayes Street,south along the center line of Hayes Street to the center line of 37th Avenue. The polling place for Precinct 5 shall be First Lutheran Church located at 1555 40th Avenue NE. Precinct 6 described as follows:Beginning at the intersection of Stinson Boulevard and 45th Avenue,north along the center line of Stinson Boulevard to the northern boundary of Columbia Heights,west along the northern boundary of Columbia Heights to Central Avenue,south along the center line of Central Avenue to 50th Avenue,east along the center line of 50th Avenue to Fillmore Street,southeast along the center line of Fillmore Street to 49th Avenue,east along the center line of 49th Avenue to Johnson Street, south along the western border of the Minneapolis Water Works to 46th Avenue, west along the center line of 46th Avenue to northwest corner of Keyes Park,south along the western boundary of Keyes Park to 45th Avenue,east along the center line of 45th Avenue to the southern boundary of Minneapolis Water Works,east along the southern boundary of Minneapolis Water Works to 45th Avenue,east along the center line of 45th Avenue to the center line of Stinson Boulevard. The polling place for Precinct 6 shall be Highland Elementary School located at 1500 49th Avenue NE. Precinct 7 described as follows:Beginning at the intersection of 7th Street and 44th Avenue,east along the center line of 44th Avenue to Central Avenue,north along the center line of Central Avenue to 53rd Avenue, west along the center line of 53`d Avenue to 7th Street, south along the center line of 7th Street to the center line of 44th Avenue. The polling place for Precinct 7 shall be Valley View Elementary School located at 800 49th Avenue NE. Precinct 8 described as follows: Beginning at the intersection of Main Street and 44th Avenue,east along the center line of 44th Avenue to 7th Street,north along the center line of 7th Street to 53rd Avenue,west along the center line of 53rd Avenue to University Avenue,south along the center line of University Avenue to 45th Avenue,west along the center line of 45th Avenue to Main Street, south along the center line of Main Street to the center line of 44th Avenue. The polling place for Precinct 8 shall be Valley view Elementary School located at 800 49th Avenue NE. RESOLUTION NO.2012-17 BEING A RESOLUTION ESTABLISHING PROPERTY MAINTENANCE INSPECTION FEES AS AUTHORIZED BY CHAPTER 5A OF CITY CODE OF 2005 WHEREAS,Ordinance No. 1490,City Code of 2005,pertaining to Property Maintenance regulations provides for the establishing of fees;and WHEREAS,the City has authorized changes to property maintenance fees from time to time;and WHEREAS,the City finds there is a need to modify the property maintenance fee structure at this time; and THEREFORE,BE IT RESOLVED,that the property maintenance fee structure listed below shall be adopted and effective March 1,2012. RENTAL LICENSING FEES Rental property license- 1 unit $150.00 per unit Rental property license—2 units $75.00 per unit Rental property—3 units $50.00 per unit Rental property—4 units $40.00 per unit Rental property license-5 thru 10 units $50.00 per building plus$23.00 per unit Rental property license- 11 thru 30 units $50.00 per building plus$18.00 per unit Rental property license—over 30 units $50.00 per building plus$12.00 per unit License Reinstatement after Revocation/Suspension Five times annual license fee License Transfer Fee $25.00 Licensing Late Fee $100.00 ABATEMENT FEES Immediate Abatement Administrative Fee $75.00 per abatement Abatement Administrative Fee $200.00 per abatement RESOLUTION 2012-21 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 Terrance Aldrich(Hereinafter"License Holder"). Whereas,license holder is the legal owner of the real property located at 4054 2nd 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 January 17,2012 of a public hearing to be held on February,27 2012. 14 City Council Minutes Monday,February 27,2012 Page 11 of 11 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 December 13,2011 inspectors for the City of Columbia Heights,inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on January 17,2012 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on February 21,2012 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office,the following conditions and violations of the City's Property Maintenance Code were found to exist,to-wit: Shall repair all items listed in the inspection report from the Building Official. 5. That all parties,including the License Holder and any occupants or tenants,have been given the appropriate notice of this hearing according to the provisions of the City Code,Chapter 5A,Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F11387 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 2012-22 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 Terrence Jones (Hereinafter"Owner of Record"). Whereas,the owner of record is the legal owner of the real property located at 3809 Buchanan 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 January 26,20121. 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 December 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 January 26,2012 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 February 16,2012 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 storm window on the rear, 1st floor window and shall secure the garage service door that was found open 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 3809 Buchanan 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 3809 Buchanan 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. 15 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING MARCH 6, 2012 7:00 PM NOT YET APPROVED The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Commission Members present- Thompson, Fiorendino, Peterson, Kinney, and Szurek. Also present were Bobby Williams (Council Liaison), Jeff Sargent (City Planner), and Shelley Hanson (Secretary). Motion by Thompson, seconded by Peterson, to approve the minutes from the meeting of February 8, 2012. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2012-0301 APPLICANT: Linder's Greenhouses LOCATION: 4300 Central Avenue NE REQUEST: Interim Use for Outdoor Seasonal Sales Sargent explained that Linder's Greenhouses has applied for an Interim Use Permit to allow the operation of a seasonal mini-garden center. The specific development standards for an outdoor sales/display establishment are found at Section 9.107 (C)(28), and will be added as conditions of approval for this permit. This will be Linder's 23rd year operating a temporary greenhouse at this location in Columbia Heights. The greenhouse structures will be the same as previous years with four, six-foot doors remaining open at all times during business hours. There will be at least four fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. The two structures and patio will displace approximately 30 parking spaces and a drive aisle. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices, and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. ZONING ORDINANCE The zoning classification for this property located at 4300 Central Avenue is GB, General Business District. Retail uses are allowed in this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 144,900- square foot commercial building is required to have 483 parking spaces. After using the 30 parking spaces for the greenhouses, the site still has 598 parking spaces. Furthermore, with the location of the display area on the opposite side of the parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines seven findings of fact that must be met in order for the City to grant an interim use permit. They are as follows: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. 16 Planning and Zoning Commission Minutes Tuesday,March 6,2012 Page 2 of 14 Outdoor sales/display establishments are an Interim Use in the GB, General Business District, and are considered retail sales, which are permitted. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides the subject property for commercial use. Outdoor sales/display uses are allowed as conditional uses in all residential districts. 3. The use will not impose hazards or disturbing influences on neighboring properties. The closest residential property to the south is over 300 feet from the proposed temporary use. In addition, the amount of space dedicated for the greenhouse sales is relatively small at approximately 1,000 square feet. Therefore, the proposed temporary use should not have any detrimental impact on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. The garden center as proposed will have no impact on the use of adjacent properties. 5. The use will be designed, constructed, operated, and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. Linder's has been in operation for 22 years at this location, with the City experiencing no complaints. The proposed garden center should not negatively impact the existing character of the vicinity. 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The traffic generated by the garden center will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity, which are zoned for residential and commercial uses. Staff recommends that the Planning Commission approve the Interim Use Permit for seasonal agricultural sales subject to conditions of approval outlined below. Questions from members: Peterson asked if there were any changes from other years. Sargent told him no. Fiorendino asked if staff ever receives any complaints on this seasonal business. Sargent told him, not to his knowledge. Public Hearing Opened: No one was present to speak on this issue. Public Hearing Closed. Motion by Fiorendino, seconded by Kinney, that the Planning Commission approves the Interim Use Permit for seasonal agricultural sales at 4300 Central Avenue NE from April 15 through July 15, 2012, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. Outdoor agricultural/produce sales located within the public right-of-way are prohibited. 2. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 17 Planning and Zoning Commission Minutes Tuesday,March 6,2012 Page 3 of 14 3. Music or amplified sounds shall not be audible from adjacent residential properties. 4. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two (32) square feet per sign. 5. The outdoor storage shall be located as indicated on the site plan. 6. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 7. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. All ayes. MOTION PASSED. RESOLUTION NO. 2012-PZ01 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN INTERIM USE PERMIT FOR LINDER'S GREENHOUSES,INC WITHIN THE CITY OF COLUMBIA HEIGHTS,MN WHEREAS, a proposal (Case #2012-0301) has been submitted by Linder's Greenhouses to the Planning and Zoning Commission requesting an Interim Use Permit approval from the City of Columbia Heights at the following site: ADDRESS: 4300 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for outdoor seasonal sales from April 15, 2012 to July 15,2012. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 6, 2012; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW,THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. Adequate measures have been or will be taken to minimize traffic congestion on the pubic streets and to provide for appropriate on-site circulation of traffic. 7. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. FURTHER, BE IT RESOLVED, that the attached conditions,maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (I) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Outdoor agricultural/produce sales located within the public right-of-way are prohibited. 2. All goods shall be displayed in an orderly fashion,with access aisles provided as needed. 3. Music or amplified sounds shall not be audible from adjacent residential properties. 4. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two (32) square feet per sign. 5. The outdoor storage shall be located as indicated on the site plan. 18 Planning and Zoning Commission Minutes Tuesday,March 6,2012 Page 4 of 14 6. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Interim Use Permit expires and the site has been cleaned up. 7. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. CASE NUMBER: 2012-0302 APPLICANT: O'Reilly Auto Parts Store LOCATION: 3700 Central Avenue REQUEST: Site Plan Approval At this time, O'Reilly Auto Parts Store is requesting a Site Plan approval for a 7,500 square foot building located at 3700 Central Avenue per Code Section 9.104 (N). In December 2011, O'Reilly Auto Parts applied for and received an 11-foot front yard setback variance for parking. It was noted at the City Council meeting that O'Reilly Auto Parts would need to apply for the Site Plan approval at a later time. The applicant has submitted the information needed for the Site Plan approval and is requesting the same of the Planning Commission. The City has been working with the developer of this property for several years. The subject property is approximately 0.65 acres and comprised of land that was owned both by the City of Columbia Heights Economic Development Authority(EDA) and the developer. Through the Development Agreement, the EDA and the developer have sold the land to O'Reilly Automotive Stores, Inc. so that construction may take place on the parcel. Because of the tie of the land to the EDA Development Agreement, the Site Plan is required to be forwarded to the City Council for final approval. COMPREHENSIVE PLAN The Comprehensive Plan guides the property as Commercial. The proposed retail center is consistent with the types of uses allowed in all commercially zoned areas of the City. ZONING ORDINANCE The property located at 3700 Central Avenue is zoned GB, General Business, as well as the properties to the north and east. The properties to the west are zoned R-3, Multiple Family Residential, and the property to the south is located in the City of Minneapolis. The subject property is also located in the Design Overlay Central Business District and is subject to a set of specific development standards as outlined in the Design Guidelines. PARKING. Properties located in the GB, General Business District are required to provide one (1) parking stall for each 300 square feet of gross floor area for retail establishments. The total amount of retail space provided by this development is 7,452 square feet, which requires a minimum of 23 parking stalls. The site plan indicates a total of 29 on-site parking stalls, meeting the city's requirements. LANDSCAPING. The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street frontage or fraction thereof. Parking areas shall also have a minimum of one over-story tree for each 20 spaces or fraction thereof as well. The property at 3700 Central Avenue has approximately 367 feet of street frontage along Central Avenue and 37th Avenue, and incorporates 29 parking stalls. This requires seven regular trees and two over-story trees. The proposed plans indicate a total of 16 trees, six of which are over-story trees, meeting the City's minimum requirements. Per Staff's request, the landscape plan indicates trees planted on the parking islands and peninsulas along the western property line. This would serve as a screening mechanism for the parking lot while adhering to the landscape requirements. 19 Planning and Zoning Commission Minutes Tuesday,March 6,2012 Page 5 of 14 SIGNAGE. The O'Reilly Auto Parts building will incorporate three wall signs. Two wall signs will be 70 square feet in area, and the third will be 42 square feet in area, totaling 182 square feet. The City Code allows for 2 square feet of signage for each linear foot of building along a public right-of-way, with a maximum allowance of 200 square feet for the building. The proposed building is approximately 88 feet wide along both 37th Avenue and Central Avenue, for a total of 176 linear feet. Being that the building has greater than 100 linear feet along a public right-of-way, the City Code would allow for the maximum of 200 square feet of signage. The proposed 182 square feet of signage meets the minimum Code requirements. City Code allows for the monument sign to be 10 feet in height and 50 square feet in area. The proposed plans indicate that the monument sign will be 10 feet in height and 48 square feet in area, meeting the minimum Code requirements. The Design Guidelines do not allow for the monument sign to be internally lit, unless it is done in a manner consistent with allowable illumination. The proposed sign will utilize a 100% opaque application to ensure that the "red" area will not allow light to pass through it. This method of illumination meets the Design Guidelines standards. STORMWATER MANAGEMENT. The subject property is less than one acre in size, which means that on- site stormwater ponding is not required. However, the property is still required to control the rate of rainwater run-off from the property. The Site Plan includes a large green space area along the north side of the property, which will aid the rate of run-off. COMPARISON TO PREVIOUS PLAN. In 2008, CROS Companies submitted a Site Plan Review application for a 9,400 square foot retail center for this property. Although this plan was approved, the building was never pursued due to a weak commercial economy. It would be worth noting the comparisons of the two plans. 2008 Plan 2012 Plan Building square footage 9,400 s.f 7,500 s.f. # of Parking Spaces 34 23 # of Access points from Central Ave 1 1 # of Access points from the alley 2 2 Projected Average PM peak trips 98.5* 44.8 *Projected trips based on a coffee shop without a drive-thru with the remainder of the building being a shopping center. DESIGN GUIDELINES The property at 3700 Central Avenue is located in the Design Overlay Central Business District and is subject to a set of specific development standards as outlined in the Design Guidelines. Some of the following areas of interest are as follows: BUILDING PLACEMENT. Buildings should have a well-defined front facade with primary entrances facing the street. At intersections, buildings should "hold the corner" that is, have street facades at or near the sidewalk on both streets. The building at 3700 Central Avenue will be placed very near the intersection of Central and 37th Avenues. The proposed placement of the building meets the Design Guidelines for the district, with the main entrance facing north towards the parking lot and a secondary entrance along Central Avenue. BUILDING HEIGHT. All buildings shall have a minimum cornice height of 22 feet, in order to give the impression of a two-storied structure. The building for this project alternates in height and measures 22 feet in height at its highest point, meeting this requirement. WINDOW AND DOOR OPENINGS. The Design Guidelines require that at least 30% of the front facade be 20 Planning and Zoning Commission Minutes Tuesday,March 6,2012 Page 6 of 14 covered with window or door openings and that at least 20% of any two side or rear facades be covered with window or door openings. The proposed plans initially indicated a shortfall in this requirement. However, after discussions with the applicant, more windows were included in the plans for both the front and two side facades. The applicant will need a deviation from the Design Guidelines as all the windows on the south and east elevations will be non-transparent, as well as the smaller windows on the north elevation. This is due to the location of the proposed windows in relation to the interior layout of the store. Staff feels that utilizing this much non-transparent window area does not meet the intent of the Design Guidelines. Staff has had conversations with O'Reilly regarding this situation and would rather see the larger windows on the East Elevation be transparent. O'Reilly contends that the wall space given up by the windows would hurt their sales, as this space is needed to display their merchandise. Sargent explained to members that staff had no problem with having non-transparent windows on the south and west sides of the building, as that area is their storage/warehouse area. However, he feels the windows in the middle section on the east side along Central Avenue should be transparent windows which would better meet the intent of the Design Guidelines. BUILDING MATERIALS. The building will incorporate, brick, glass, and EIFS, which are all acceptable building materials for the district in which the building is located. FINDINGS OF FACT Section 9.104 (M) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: a) The site plan conforms to all applicable requirements of this article. The site plan meets all setbacks, parking criteria, landscape requirements and Design Guidelines requirements pertaining to the Zoning Code, with the exception of the deviation regarding the opacity of the windows. b) The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan guides the property as Commercial. The proposed retail center is consistent with the types of uses allowed in all commercially zoned areas of the City. c) The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed site plan meets all applicable setback requirements and zoning provisions. For this reason, there will be no adverse impacts on property in the immediate vicinity or the public right- of-way. Sargent stated that due to the design and plan submitted that traffic and congestion will be better than other plans that had previously been considered because O'Reilly's plans on widening the alley along their property to a two-lane alley to allow for better traffic flow. The site involving the proposed development has been a redevelopment priority for the City of Columbia Heights and provides an additional 7,500 square feet of retail development along the major commercial corridor of Columbia Heights. The proposed plans for the construction of the new building meet all zoning 21 Planning and Zoning Commission Minutes Tuesday,March 6,2012 Page 7 of 14 and design guideline requirements. For these reasons, staff recommends approval of the site plan for 3700 Central Avenue. Question by members: Thompson commented about access to the site during construction. He didn't feel there would be enough room for trucks to turn around on the site without using the alley. Sargent explained that the City Engineer had looked at the Site Plan and feels there is adequate room and that he expects the construction traffic to use the alley access. Central Avenue is too congested to accommodate all the in and out traffic from the site. Thompson asked who would be responsible for any damage to the alley. Sargent stated that is addressed in the additional conditions imposed by the City Engineer as item#10 that requires any damage to be covered by the Developer. Thompson went on to express concern whether storm sewer barricades used during construction would adhere to Minnesota standards or be sub-standard ones that are used in other states. Sargent said they will have to meet Minnesota requirements. And lastly, Thompson commented that the plan shows they will be using an EIFS exterior, which he believes birds will peck holes in. Fiorendino didn't think the plan follows our Design Guidelines for the placement of the building, the amount of window space, and the layout of the parking area. He pointed out that more than 40% of the frontage is devoted to parking, which exceeds the recommended limit. Fiorendino also thinks the main entrance to the building should appear to be along Central Avenue, not facing north. He agrees with staff that transparent windows are necessary along Central Avenue at a minimum. Sargent explained that there are three districts in the Design Guidelines-the Highway District, the Central Business District, and the 40th Avenue District. Each District has its own requirements. Also coming into play is the fact that this site is zoned GB, not CBD, therefore all the parking must be provided on the site. It cannot rely on street parking such as in the CBD. Sargent said staff feels the front of the store facing north is acceptable because of the exposure for traffic traveling southbound on Central Avenue. If they install additional transparent windows under the awning near the secondary door on the east side as requested, the building will appear to have two store fronts, which he believes meets the intent of the Guidelines. Szurek said the placement of this building is similar to that of Advanced Auto Parts. Part of the problem that requires some compromise is that these lots are small and have limited access off Central Avenue. In order to meet all the setbacks, storm water requirements, landscaping, design guidelines, and parking needs some accommodations may be needed. She thought they did a good job considering this lot is only 109 feet deep. Szurek did agree that the east side needed to have more transparent windows to meet the intent of the Design Guidelines. Kinney stated that she appreciates the effort made to design the site, the building, the parking, and landscaping that creates a buffer. She likes the placement of the building near the street. Kinney agrees with the other members, however, that additional transparent windows are necessary on the east side. Peterson did not like the lack of separation between the alley and the residential properties behind this site. He thought the building shape should be changed, the alley widened even more, and that additional landscaping be done along the alley to provide separation between the commercial and residential properties. Sargent told him this plan meets all the requirements in regards to setbacks, landscaping, and lighting so as not to overly affect the residential properties. Sargent went on to explain that it is difficult when commercial sites and residential sites abut one another. However, he pointed out that the residential properties all have their garages behind their homes along the alley and many already have fences, which in itself, creates a barrier between the properties. Peterson asked how wide the landscaped portion is along the west side. Sargent said it is approximately 6-8 feet wide and that the developer is also creating a two lane alley along their property. 22 Planning and Zoning Commission Minutes Tuesday,March 6,2012 Page 8 of 14 Peterson then asked if O'Reilly's would be allowed to put advertising on the non-transparent windows. Sargent said they can advertise, but will have to adhere to our sign ordinance. Transparent windows cannot cover more than 25% of the area in advertising. He asked about whether they could use the non-transparent windows for advertising. Sargent told him that anything going on those windows would be on the outside and would be considered banners. He reminded members that we have previously allowed non-transparent windows at Taco Bell and Sonic's, and that the CVS on 37th and Central also has this type of design. Public Hearing Opened: Willilam Johannek of 3713 Van Buren St said he wants an O'Reilly's store there, but thinks they designed it all wrong. He is concerned with added traffic congestion. He passed out a plan to the members on how he would like to see the site designed. Fiorendino said the Commission can only look at what O'Reilly's has submitted per their architect to determine if it meets the City's requirements. While he appreciates the work Mr. Johannek went to, he pointed out that he is not an architect and is also not familiar with all the setback, parking, landscaping and storm water issues that have to be addressed in any plan submitted. He encouraged him and any other concerned residents to attend the City Council meeting on Monday, March 12th at 7 pm to express their opinions since the City Council will be the deciding factor for this Site Plan. Fred Waddley, the representative from O'Reilly's stated the building is a prototype that is used to accommodate their shelving/setup of merchandise for their many stores. Based on the designs used at their other locations, it is necessary to have non-transparent windows on the east side of the building to maximize their product displays. Members generally agreed that more transparent windows were necessary on the east side in order for them to approve the plan. There was some discussion whether just adding transparent windows to the middle section under the awning was enough or whether to require 30% windows on that side, similar to the north side. Staff again stated that if just the middle section (the door and 5 windows) were made transparent that meets the 20%requirement required by the City. Public Hearing Closed. Motion by Peterson, seconded by Kinney, that the Planning Commission recommends that the City Council approve the Site Plan per Code Section 9.104 (N),for the construction of a 7,500 square foot O'Reilly Auto Parts Store located at 3 700 Central Avenue, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including.. 1. All application materials, maps, drawings and descriptive information submitted with the application shall become part of the permit. 2. The larger windows under the awning on the East Elevation must be transparent. 3. Three sides of the dumpster enclosure must be constructed of masonry and colored to match the principal structure. 4. All existing utility lines not in use must be disconnected as part of the building permit. 5. The applicant must submit all plans to the Metropolitan Council for a Sewer Availability Charge (SAC) determination. 6. All construction traffic shall be directed through the vehicle tracking pads. Due to the traffic volume on Central Avenue, site access shall be limited to the alley. 7. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 8. All restoration of turf areas in the Public Right of Way (ROW)shall be by 4 inches of topsoil/sodding. 9. Catch basin inlet protection shall b provided on 37th Avenue. 23 Planning and Zoning Commission Minutes Tuesday,March 6,2012 Page 9 of 14 10. All disturbed areas shall be provided with temporary surface protection 7 days following establishment of final grade. 11. All work within the Public ROW shall be inspected by the City Engineering Department. 24-hour advanced notice of an inspection is required. 12. The applicant shall provide a copy of any MnDOT review comments and a copy of the permit for work on Central Avenue to the City Engineering Department. 13. Any revisions to the sidewalk in the Public ROW shall meet the most current ADA and City requirements for pedestrian ramps and grade. The detectable warning plate color should match those on Central Avenue. 14. The concrete sidewalk on Central Avenue was a special design, which included a 6-inch thickness with 1/2 inch diameter reinforcing each way and colored concrete. All construction documentation should be corrected providing for its replacement. 15. If disturbed during construction, the existing concrete ally shall be restored in-kind,full width,joint to joint, and shall meet City requirements. 16. It is recommended to televise the existing sanitary sewer services to verb adequacy. Roll Call: Ayes-Kinney and Szurek, Nays-Thompson, Peterson, and Fiorendino MOTION FAILS. This item will go to the City Council March 12th with the following Resolution. Members wanted to make sure the City Council knew why they denied the Site Plan and expressed that they wanted a copy of the minutes to be submitted to them for the Council Agenda. RESOLUTION NO. 2012-XXX RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRCTION OF AN O'REILLY AUTO PARTS STORE LOCATED AT 3700 CENTRAL AVENUE NE WITHIN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA WHEREAS, a proposal (Case #2012-0302) has been submitted by O'Reilly Auto Parts Store, to the City Council requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 3700 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a 7,500 square foot auto parts store located at 3700 Central Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 6, 2012; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. 24 Planning and Zoning Commission Minutes Tuesday,March 6,2012 Page 10 of 14 FURTHER, BE IT RESOLVED, that the attached conditions,maps, and other information shall become part of this pennit and approval; and in granting this pennit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings and descriptive information submitted with the application shall become part of the pelinit. 2. The larger windows under the awning on the East Elevation must be transparent. 3. Three sides of the dumpster enclosure must be constructed of masonry and colored to match the principal structure. 4. All existing utility lines not in use must be disconnected as part of the building permit. 5. The applicant must submit all plans to the Metropolitan Council for a Sewer Availability Charge (SAC) determination. 6. All construction traffic shall be directed through the vehicle tracking pads. Due to the traffic volume on Central Avenue, site access shall be limited to the alley. 7. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 8. All restoration of turf areas in the Public Right of Way(ROW) shall be by 4 inches of topsoil/sodding. 9. Catch basin inlet protection shall b provided on 37"'Avenue. 10. All disturbed areas shall be provided with temporary surface protection 7 days following establishment of final grade. 11. All work within the Public ROW shall be inspected by the City Engineering Department. 24-hour advanced notice of an inspection is required. 12. The applicant shall provide a copy of any MnDOT review comments and a copy of the permit for work on Central Avenue to the City Engineering Department. 13. Any revisions to the sidewalk in the Public ROW shall meet the most current ADA and City requirements for pedestrian ramps and grade. The detectable warning plate color should match those on Central Avenue. 14. The concrete sidewalk on Central Avenue was a special design, which included a 6-inch thickness with 1/2 inch diameter reinforcing each way and colored concrete. All construction documentation should be corrected providing for its replacement. 15. If disturbed during construction, the existing concrete ally shall be restored in-kind, full width,joint to joint, and shall meet City requirements. 16. It is recommended to televise the existing sanitary sewer services to verify adequacy. CASE NUMBER: 2012-0303 APPLICANT: Goldstar Taxi, Nabil All LOCATION: 5009 University Avenue REQUEST: Conditional Use Permit for Used Auto Sales At this time, Nabil Ali d/b/a Goldstar Taxi is requesting a Conditional Use Permit in order to operate a used car dealership from the property located at 5009 University Avenue, per Code Section 9.110 (E)(3)(d). Mr. Ali currently operates the Goldstar Taxi service from the property located at 5009 University Avenue. He stated that he would like to be able to buy cars from the Minnesota State auctions so that he can replenish his taxi fleet when needed. Mr. Ali indicated that he has a storage lot in Minneapolis which he uses to store his vehicles, and any vehicle he would purchase would also be stored on that lot. In order for Mr. Ali to purchase vehicles at the State auctions, he is required to have a Minnesota State-issued used car dealership license to do so. The City of Columbia Heights also requires a used car dealership license for Mr. Ali to purchase and sell vehicles from the property located at 5009 University Avenue. When Staff reviewed his request, it was determined that the only way that the City would be able to issue a used car dealership license would be if Mr. Ali first obtained a Conditional Use Permit. Mr. Ali does not intend on selling the vehicles that he purchases at auction. The vehicles that he purchases 25 Planning and Zoning Commission Minutes Tuesday,March 6,2012 Page 11 of 14 will be used for his taxi service company and will be stored outside the City limits. On a very rare occasion, a vehicle might be sold given the circumstances. If this is the case, the vehicle for sale would be kept inside the building. COMPREHENSIVE PLAN The Comprehensive Plan guides this property as University Mixed Use. Holding offices for the taxi company is consistent with the types of uses that would be guided as University Mixed Use. ZONING ORDINANCE The zoning classification for the property located at 5009 University Avenue is GB, General Business District, as are the properties to the north. The properties to the east and are zoned R-2, One and Two Family Residential and the properties to the south are zoned R-3, Multiple Family Residential. The properties to the west are located in the City of Fridley. The current use of the property as an office is consistent with the zoning classification. The proposed use essentially continues the current use as office, as the building would only serve as a location to make car- buying transactions. 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. Use Automobile Sales is specifically listed as an acceptable Conditional Use in the GB, General Business District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides this property as University Mixed Use. Holding offices for the taxi company is consistent with the types of uses that would be guided as University Mixed Use. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use would not cause any disturbing influences on neighboring properties because no change to the business will occur. No vehicles will be stored on site and all vehicles for sale would be stored inside an enclosed building. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of neighboring properties would not be diminished in any way with the proposed use of the subject property. (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. No external changes to the property will be made with the proposed Conditional Use Permit. (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 on-site circulation of traffic will remain unchanged. 26 Planning and Zoning Commission Minutes Tuesday,March 6,2012 Page 12 of 14 (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. This is a correct statement. (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 Planning Commission approve the proposed Conditional Use Permit to operate a used car dealership from the property located at 5009 University Avenue. Should the Planning Commission recommend approval, Staff has supplied a list of conditions to help regulate the proposed use at its proposed location. Those conditions are part of the motion if the CUP is approved. Questions from members: Peterson asked why he needed a license to purchase vehicles from the MN State auction. Sargent explained the State requires him to have one and the City requires one if he is using his Columbia Heights business address for this purpose. Peterson then asked why he doesn't do this from his address in Minneapolis where he actually stores his cars. Sargent said he can't speak to that as he doesn't know the situation with that lot. He said Mr. Ali uses his office in Columbia Heights as his official business address, and therefore, we are considering his request for the CUP. Peterson asked Mr. Ali what he intended to do with the damaged white Jeep Cherokee that is currently parked behind his office location. Mr. Ali said that is not his vehicle. Peterson then asked how many vehicles Mr. Ali could fit inside his business if he did finalize a sale at that location. Ali stated he can fit two vehicles inside the business location. Fiorendino clarified that it is a condition of the pennit being approved that any vehicle for sale would have to be kept inside the building. No vehicles could be stored outside with for sale signs on them. Sargent told him that is correct. The only vehicles he could park outside are his taxis. Public Hearing Opened: Mitchell Watson from 5056 4th St has concerns about this permit being approved. He doesn't believe this site is suitable for this type of business. Mr. Watson passed out pictures he had taken of the parking lot for this strip mall at various times of the day over a week long period to prove there is no room to park cars for sale in the lot. The commission members told Mr. Watson that this issue is addressed by the conditions placed on the CUP to prevent this from happening. Peterson asked how we would know if a vehicle parked on site is for sale or not. Sargent said unless they have a for sale sign on them, we wouldn't necessarily know. He asked if there was any way to control parking in small strip malls. Sargent responded that is an issue between the landlord and tenant as part of their lease agreement. Peterson then suggested changing the language in condition#3 from "and" to"or". Public Hearing Closed. Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommends that the City Council approve the Conditional Use Permit for used automobile sales located at 5009 University Avenue, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All vehicles for sale on the property must be kept indoors at all times. 27 Planning and Zoning Commission Minutes Tuesday,March 6,2012 Page 13 of 14 2. Outdoor vehicle display areas within the public right-of-way are prohibited. 3. The outdoor storage of inoperable,junk vehicles or vehicles with expired tabs is prohibited. 4. The property must adhere to all other applicable regulations pertaining to used car sales as outlined in Code Section 9.107(C)(7). All ayes. MOTION PASSED. The following Resolution will go to the City Council March 12`h. RESOLUTION NO. 2012-XXX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR GOLDSTAR TAXI TO ALLOW A USED CAR DEALERSHIP IN THE GENERAL BUSINESS DISTRICT IN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA WHEREAS, a proposal (Case #2012-0303) has been submitted by Nabil Ali to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 5009 University Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Peiniit per Code Section 9.110 (E)(3)(d), to allow a used car dealership in the GB, General Business District at 5009 University Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 6, 2012; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire,and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All vehicles for sale on the property must be kept indoors at all times. 2. Outdoor vehicle display areas within the public right-of-way are prohibited. 3. The outdoor storage of inoperable,junk vehicles or vehicles with expired tabs is prohibited. 4. The property must adhere to all other applicable regulations pertaining to used car sales as outlined in Code Section 9.107 (C)(7). 28 Planning and Zoning Commission Minutes Tuesday,March 6,2012 Page 14 of 14 NEW BUSINESS Sargent stated that the first group had completed the Citizen's Academy. He said staff received a lot of positive feedback from the participants in a survey they completed at the final session. He told the members that several of the participants are eager to get involved in some fashion. He hopes they will offer this program again next year. Sargent then told them that the City Council recently gave staff direction to form a Steering Committee to look at several of the City's Ordinances and the Design Guidelines to update them. He explained how the committee would be made up of several business owners, a Council member, a Planning Commission member, a staff member, and a resident. Sargent explained that the Sign Ordinance is one of the items needing updating, and the input from business owners who would be affected is important. He also said staff recommends appointing someone who just completed the Citizen's Academy to this committee. The Commission felt this was a good idea also. The meeting was adjourned at 8:55 pm. Respectfully submitted, Shelley Hanson Secretary 29 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: March 12, 2012 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: Board/Commission BY Walt Fehst BY ed,:e Appointments DATE: March 7, 2012 DATE: NO: The following Board and Commission terms expire in April. Requests for reappointment or those no longer interested in serving are: Board or Commission Name Request Reappointment Library Board Barbara Tantanella - 3 year term yes Catherine Vesley - 3 year term yes Telecommunications Commission Inactive Traffic Commission Leonard Olson -4 year term yes Park and Recreation Commission Kevin McDonald -5 year term yes David Payne -5 year term yes Planning and Zoning Commission Marlaine Szurek -4 year term yes David Thompson no With the one request to not be reappointed,this will leave one opening on the Planning and Zoning Commission and two openings on the Traffic Commission(Commissions Carlson and Goodman have requested to be replaced). Recommended Motion: Move to reappoint Tantanella and Vesley to three year terms on the Library Board; Olson to a four year term on the Traffic Commission;McDonald and Payne to five year terms on the Park and Recreation Commission; and Szurek to a four year term on the Planning and Zoning Commission. COUNCIL ACTION: 30 COLUMBIA HEIGHTS - CITY COUNCIL LETTER AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: Meeting date: Fire March 12,2012 No. ITEM: Authorize purchase of replacement fire vehicle BY: Gary Gorman ,k No: DATE: March 12, 2012 Background: The vehicle to be replaced is a 2000 Crown Victoria purchased and put into service in 1999. Currently the mileage of the vehicle is 114,300. The current style of vehicle is deficient in two ways. First, rear wheel drive makes it difficult to get around in slippery conditions and deep snow during emergencies. Secondly, using the trunk of a car to carry the amount, and type of equipment that we carry today causes many problems. Many of the EMS drugs and equipment we carry today are temperature sensitive and were not carried on every vehicle, like this one, in 1999. Trunk temperatures cannot be maintained once out of the station. Also, piling medical equipment, fire equipment and protective clothing together into a small space makes it difficult to access needed equipment quickly, keep equipment clean, and from becoming damaged while the vehicle is moving. With the addition of inspection, emergency management, and command equipment carried, more space is needed. Staff recommendation is to go with an SUV style of vehicle. Our proposal is for a 2012 Chevrolet Tahoe 4x4 purchased from the State of Minnesota Purchasing Contract. This type and model meets all of our needs, has the needed cargo space, and eliminates the deficiencies listed above. Suburbans and Tahoes are used by many fire departments, County emergency managers, and ambulance companies as a first out emergency vehicles or Chief's command vehicles and have a very good track record for durability and maintenance. This is a budgeted item and due for replacement per the Fire Department capital replacement schedule. RECOMMENDED MOTION: Move to authorize the purchase of a 2012 Chevrolet Tahoe 4x4 from Thane Hawkins Polar Chevrolet in the State of Minnesota Purchasing Contract amount of$32,750.95; and to equip the vehicle with lights, siren, radio, and computer mount in an amount not to exceed $7500; and a graphics package not to exceed $300. Funding shall be from the Fire Capital Equipment fund 439-42200-5150. COUNCIL ACTION: 31 CITY COUNCIL LETTER Meeting of: March 12, 2012 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Resolution 2012-27 Amending On-Sale BY: Scott Clark BY: Wine License DATE: March 5, 2012 Aly4t- Background Information: On January 9, 2012 the City Council approved the second reading to reduce the minimum seating for on-sale wine and strong beer licenses from 75 to 25 seats. It should be noted that these facilities must meet the definition of a restaurant, meaning that 60% of the sales must be from food. As part of this reduction, staff discussed with the Council, at the March 5, 2012 work session, the desire to reduce the on- sale wine license fees for smaller scaled restaurants (ranging from 25 to 74 seats). The Council was of the general opinion to reduce the fees by a third. It should be noted in the following table that as part of State statute that an on-sale beer license must be attached to the on-sale wine license: Current Ordinance License Fee: On-Sale Beer $400 On-Sale Wine License $2,000 Total $2,400 (regardless of seating size) Proposed Ordinance: On-Sale Beer$400 (regardless of seating size) On-Sale Wine License $1,200 (for restaurants from 25 to 74 seats) On-Sale Wine License $2,000 (for restaurants at or exceeding 75 seats). The proposed fee structure would result in an on-sale beer and wine license amendment to a total of$1600 for small venue restaurants (25 to 74 seats) and maintaining the existing license ($2,400) for larger facilities. Recommendation: Staff recommends approval of Resolution 2012-27 as written Recommended Motion: Motion: Move to waive the reading of Resolution#2012-27 there being ample copies available to the public Motion: Move to adopt Resolution#2012-27 " Amending Ordinance Section Article V, Section 5.505 (G)" to reduce on-sale wine license fees from $2,000 to $1,200 for restaurants ranging from 25 to 74 seats and maintaining a $2,000 license fee for facilities that are at, or exceed, 75 seats. Attachments: Resolution#2012-27 and Survey of Communities Regarding Related Fees COUNCIL ACTION: C:\Documents and Settings\CCH-User\Desktop\Form for Council Letter.doc 32 RESOLUTION NO. 2012-27 RESOLUTION AMENDING CITY ORDINANCE ARTICLE V, SECTION 5.505 (G) RELATING TO ON-SALE WINE LICENSE FEES WHEREAS,on January 9,2012 the City Council approved Ordinance amendments that allow the minimum seating capacity for on-sale wine licenses to be reduced from 75 to 25 seats; and WHEREAS, the City Council recognizes that small restaurants will have more limited wine sales: and WHEREAS, the City Council desires to attract and make smaller restaurants successful within the community; NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Columbia Heights that the following on-sale wine license fee amendments be made to Article V, Section 5.505 (G). 1. On-sale wine license fees for restaurants ranging from 25 to 74 seats be set at $1,200 2. On—sale wine license fees for restaurants at or exceeding 75 seats be set at $2,000 Passed this 12th day of March 2012 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 33 CITY OF COLUMBIA HEIGHTS TO: SCOTT CLARK, COMMUNITY DEVELOPMENT DIRECTOR WALT FEHST, CITY MANAGER FROM: SHELLEY HANSON DATE: FEBRUARY 27, 2012 SUBJECT: WINE LICENSE FEE SURVEY CITY FEES MISC INFO. Columbia Heights $2,400/yr min. 25 seats Brooklyn Center $2,500/yr min 75 seats Brooklyn Park $1,300/yr Coon Rapids $1,655 yr for 35-99 seats $2,655 yr for 100+ seats Crystal $1,522/yr for 25-99 seats $2,022/yr for 100+ seats Fridley Does not have this type of license Golden Valley $2,000/yr Maple Grove $2,300/yr Minneapolis $2,813/yr Mounds View $1,800/yr New Hope $2,500/yr Robbinsdale $2,550/yr Roseville $1,050/yr for 25-75 seats $1,800/yr for 75+ seats Shoreview $1,150/yr 34 CITY COUNCIL LETTER Meeting of March 12, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY:‘,‘Ii4/P Licenses NO: DATE: March 6, 2012 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for March 12, 2012 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 35 COLUMBIA HEIGHTS Print Rental Licenses to ����� • ���0 approve by CC 825 41st Avenue mE,'Columbia Heights,wmom4u*-Ph:rwa-7u6-a^mw-Fax:ro3-rum-8,u, 10027 3854TYLERSTNE Yesnes, Dan F11497 P.O. Box 5032 $ 150.00 Hopkins, MN 55343 10056 1002 GOULD AVE NE Koolmo, Rosalyn F11509 2755 Holly St S. $ 150.00 Cambridge, MN 55008 10142 1012 45TH AVE NE Moden, Tanya F11516 3429 McKinley ST NE $ 150.00 Minneapolis, MN 55418 10357 1200 PIERCE TER NE Pelham, LLC F11483 1185 Pierce Terrace $ 150.00 Columbia Hoighta, MN 55421 10358 4956 JACKSON ST NE Zhaqui, Jose F11481 2526 Portland Ave S. $ 150.00 Minneapolis, MN 55404 10350-RY385SLA BELLE STNE Richter, Casey F11486 419 S. Pearl Si $ 150.08 Denver, CO 80209 12016 4700 JEFFERSON ST NE Nixon, Jean F11504 4700 Jefferson Street $ 150.00 Columbia Heights, MN 55421 20004 1218 CIRCLE TERRACE BLVD NE Cochran, Melissa F11498 $ 150.00 Columbia Heighto, MN 55421 20068 3906 RESERVOIR BLVD NE Berglund, Terrell F11514 3011 Arthur St. NE $ 15O.00 Minneapolis, MN 55418 20081 3833 RESERVOIR BLVD NE Quang, Ta F11517 4901 Kings Crossing Up/down $ 150.00 Brooklyn Park, MN 55443 30002 3754 3RD ST NE Brown, Penelope F11494 4819 Azelia Avenue N. Apt#11 $211.0O Brooklyn Center, MN 55429 03/06/2012 11:45 Page 1 36 nor zQm' Print Rental Licenses to PA. FIRE DEPARTMENT approve by CC 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 30028 5100 6TH ST NE Jones, Douglas F11498 2505 Silver Lane $458.00 St.Anthony, MN 55421 30169 4201 3RD ST NE Larson, Richard F11511 1009 43rd Avenue No. $248.00 Minneapolis, MN 55412 Total#of Licenses 13 03/06/2012 11:45 Page 2 37 " COLUMBIA HEIGHTS Print Rental Licenses to al OP: 2°°7 ,m-NI FIRE DEPARTMENT In Dlytel approve by CC 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 10103 1434 42ND AVE NE Wilson, Emily F11463 185 Lilac Drive $ 150.00 Lino Lakes, MN 55014 Total#of Licenses 1 03/06/2012 11:46 Page 1 38 CITY COUNCIL LETTER Meeting of March 12, 2012 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: March 7, 2012 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the March 12,2012 Council meeting. This agenda consists of applications for Contractor licenses for 2012, and a temporary Liquor License for Immaculate Conception. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain infoitnation cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for March 12, 2012 as presented. COUNCIL ACTION: 39 TO CITY COUNCIL March 12, 2012 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2012 BLDG Den-Mark Plumbing 8445 Quail Hill Rd. Maple Grove $60 *Refrigeration Services 4110 Central Avenue, Col Hts $60 *Polar Plumbing 6087 46th St N, Oakdale $60 *Commercial P1 & Htg 24928 Greenway Ave, Forest Lk $60 *Joel Smith Htg 13915 Lincoln St, Ham Lake $60 *Install this Sign&Awn 4835 Lyndale Ave N, Mpls $60 TJK Plumbing 13570 Grove Dr, Maple Grove $60 Adams Htg & Cool 165 Twin Lk Trail, Little Canada $60 Swenson Construction 8837 Acacia Ave, Monticello $60 *Majestic Tree 4247 Queen Ave N, Mpls $60 TEMPORARY LIQUOR POL Immaculate Conception Church 4030 Jackson St, Col Hts $60 For event of May 4, 2012 40 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: March 12, 2012 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 142626 through 142816 in the amount of$ 632,705.86. 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EL. a, a, a, HZ EL. QO13OZ EL. 2ti) a FC w a FAO U W WOF( QHIFCFCHU) H1OH 'ZHHQ Q,' q,' F(,' W WHH WH WZOZ a U z a z Fri Q CDUa W U U) U0FCHXHUIHHUUUZU U) Ul0U) UIUHUH r) Wx Z U ry 0, CO O e 1 a Cr)\ U) 1 H H r U' N r in O H H N 10 N n O\ H Ln O H N 01 d' U) N M H O rn d' E, Z Z I Z H U M E 7 1 OOOOHHNd' lOL- Nl- N CO CO HHNO CD C) O O Ul UlO N CO W O I O Fl; 0 U) G-, I H N N N N N N N N r1 r"1 r M M 0) U' d' U' l0 l0 l0 lO l0 l0 l0 N N co W H U W 1 U) H COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: March 12, 2012 AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Adopt Resolution 2012-025 being BY: Jeff Sargent, City Planner BY: Resolution for the Approval of a Site Plan DATE: March 7, 2012 for O'Reilly Auto Parts Store located at 3700 Central Avenue. BACKGROUND: At this time, O'Reilly Auto Parts Store is requesting a Site Plan Review for the construction of a new 7,500 square foot retail building located at 3700 Central Avenue. The City has been working with the developer of this property for several years. The subject property is approximately 0.65 acres and comprised of land that was owned both by the City of Columbia Heights Economic Development Authority (EDA) and the developer. Through the Development Agreement, the EDA and the developer have sold the land to O'Reilly Automotive Stores,Inc.so that construction may take place on the parcel. Because of the tie of the land to the EDA Development Agreement, the Site Plan is required to be forwarded to the City Council for final approval. The Site Plan meets all Zoning Code requirements in relation to setbacks,parking and landscaping. In 2008,CROS Companies submitted a Site Plan Review application for a 9,400 square foot retail center for this property. Although this plan was approved,the construction of the building was never completed due to a weak commercial economy. It would be worth noting the comparisons of the two plans: 2008 Plan 2012 Plan Building square footage 9,400 s.f. 7,500 s.f. #of Parking Spaces 34 23 # of Access points from Central 1 1 Ave #of Access points from the alley 2 2 Projected Average PM peak trips 98.5* 44.8 *Projected trips based on a coffee shop without a drive-thru with the remainder of the building being a shopping center. There are three deviations from the Design Guidelines that the applicant wishes to have approved. They are as follows: FRONT ENTRIES. The Design Guidelines require that the front entries of buildings in the Design Guidelines Central Business District face Central Avenue. In this case,the applicant has proposed that the front entry face north,into the parking lot area. With that said,the East Elevation(that side of the building facing Central Avenue)still incorporates elements consistent with traditional store fronts, including windows and doors, signage and an awning. Staff feels that a deviation from the Design Guidelines is justified. The property is zoned GB,General Business,which requires on-site parking. The building's current design allows for customers to access the building more easily from the parking lot rather than having to walk around the building to enter from doors adjacent to Central Avenue. Being that the side of the building facing Central Avenue still has the appearance of a storefront, Staff is comfortable with allowing this deviation from the Design Guidelines. PARKING LOCATION. The Design Guidelines require that a maximum of 40% of the lot frontage may be occupied by parking. The proposed plans indicate that approximately 52%of the lot frontage would be occupied by parking. The challenge of building on commercial properties along Central Avenue is the depth of the lots. The parcel in question is only 109 feet deep. When taking the building placement,building setbacks,required parking spaces,parking setbacks,drive aisle widths and 50 required landscaping into consideration,it becomes difficult to fit everything on a parcel and still meet every Design Guideline. For this reason,Staff is comfortable with the proposed deviation from the Design Guidelines by allowing for more than 40%of the lot frontage occupied by parking. WINDOW AND DOOR OPENINGS. The Design Guidelines require that at least 30% of the front facade be covered with window or door openings and that at least 20%of any two side or rear facades be covered with window or door openings. The proposed plans initially indicated a shortfall in this requirement. However,after discussions with the applicant,more windows were included in the plans for both the front and two side facades. The applicant will need a deviation from the Design Guidelines as all the windows on the south and east elevations will be non- transparent, as well as the smaller windows on the north elevation. This is due to the location of the proposed windows in relation to the interior layout of the store. Staff feels that utilizing this much non-transparent window area does not meet the intent of the Design Guidelines. Staff has had conversations with O'Reilly regarding this situation and would rather see the larger windows on the East Elevation be transparent. O'Reilly contends that the wall space given up by the windows would hurt their sales, as this space is needed to display their merchandise. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on March 6, 2012. The Planning Commission recommended denial of the Site Plan with a 2-3 vote. The descending voters felt that the site plan did not meet the Design Guidelines enough to justify approving the plan. RECOMMENDED MOTION: MOTION: Move to waive the reading of Resolution 2012-025, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2012-025, approving the Site Plan for the construction of a 7,500 square foot O'Reilly Auto Parts Store located at 3700 Central Avenue, subject to the conditions outlined in Resolution No. 2012-025. Attachments:Resolution 2012-025;P+Z Memo;Location Map; Site Plan Information COUNCIL ACTION: 51 RESOLUTION NO. 2012-025 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRCTION OF AN O'REILLY AUTO PARTS STORE LOCATED AT 3700 CENTRAL AVENUE NE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS,a proposal(Case#2012-0302)has been submitted by O'Reilly Auto Parts Store, to the City Council requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 3700 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a 7,500 square foot auto parts store located at 3700 Central Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 6, 2012; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed site plan upon the health,safety,and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic,property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal,that the City Council accepts and adopts the following findings of the Planning Commission: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. FURTHER,BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 52 Resolution No. 2012-025 Page 2 1. All application materials, maps, drawings and descriptive information submitted with the application shall become part of the permit. 2. The larger windows under the awning on the East Elevation must be transparent. 3. Three sides of the dumpster enclosure must be constructed of masonry and colored to match the principal structure. 4. All existing utility lines not in use must be disconnected as part of the building permit. 5. The applicant must submit all plans to the Metropolitan Council for a Sewer Availability Charge (SAC) determination. 6. All construction traffic shall be directed through the vehicle tracking pads. Due to the traffic volume on Central Avenue, site access shall be limited to the alley. 7. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 8. All restoration of turf areas in the Public Right-of-Way (ROW) shall be by 4 inches of topsoil/sodding. 9. Catch basin inlet protection shall be provided on 37th Avenue. 10. All disturbed areas shall be provided with temporary surface protection 7 days following establishment of final grade. 11. All work within the Public ROW shall be inspected by the City Engineering Department. 24-hour advanced notice of an inspection is required. 12. The applicant shall provide a copy of any MnDOT review comments and a copy of the permit for work on Central Avenue to the City Engineering Department. 13. Any revisions to the sidewalk in the Public ROW shall meet the most current ADA and City requirements for pedestrian ramps and grade. The detectable warning plate color should match those on Central Avenue 53 Resolution No. 2012-025 Page 3 14. The concrete sidewalk on Central Avenue was a special design, which included a 6-inch thickness with'/2 inch diameter reinforcing each way and colored concrete. All construction documentation should be corrected providing for its replacement. 15. If disturbed during construction, the existing concrete alley shall be restored in-kind, full width,joint to joint, and shall meet City requirements. 16. It is recommended to televise the existing sanitary sewer services to verify adequacy. Passed this 12th day of March, 2012, Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 54 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2012-0302 DATE: March 6, 2012 TO: Columbia Heights Planning Commission APPLICANT: O'Reilly Auto Parts Store LOCATION: 3700 Central Avenue REQUEST: Site Plan Approval PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, O'Reilly Auto Parts Store is requesting a Site Plan approval for a 7,500 square foot building located at 3700 Central Avenue per Code Section 9.104 (N). In December 2011, O'Reilly Auto Parts applied for and received an 11-foot front yard setback variance for parking. It was noted at the City Council meeting that O'Reilly Auto Parts would need to apply for the Site Plan approval at a later time. The applicant has submitted the information needed for the Site Plan approval and is requesting the same of the Planning Commission. The City has been working with the developer of this property for several years. The subject property is approximately 0.65 acres and comprised of land that was owned both by the City of Columbia Heights Economic Development Authority (EDA) and the developer. Through the Development Agreement, the EDA and the developer have sold the land to O'Reilly Automotive Stores, Inc. so that construction may take place on the parcel. Because of the tie of the land to the EDA Development Agreement, the Site Plan is required to be forwarded to the City Council for final approval. COMPREHENSIVE PLAN The Comprehensive Plan guides the property as Commercial. The proposed retail center is consistent with the types of uses allowed in all commercially zoned areas of the City. ZONING ORDINANCE The property located at 3700 Central Avenue is zoned GB, General Business, as well as the properties to the north and east. The properties to the west are zoned R-3, Multiple Family Residential, and the property to the south is located in the City of Minneapolis. The subject property is also located in the Design Overlay Central Business District and is subject to a set of specific development standards as outlined in the Design Guidelines. PARKING. Properties located in the GB, General Business District are required to provide one (1) parking stall for each 300 square feet of gross floor area for retail establishments. The total amount of retail space provided by this development is 7,452 square feet, which requires a minimum of 23 parking stalls. The site plan indicates a total of 29 on-site parking stalls, meeting the city's requirements. LANDSCAPING. The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street frontage or fraction thereof. Parking areas shall also have a minimum of one over-story tree for each 20 spaces or fraction thereof as well. 55 City of Columbia Heights Planning Commission March 6, 2012 Site Plan Review, O'Reilly Auto Parts Store Case # 2012-0302 The property at 3700 Central Avenue has approximately 367 feet of street frontage along Central Avenue and 37th Avenue, and incorporates 29 parking stalls. This requires seven regular trees and two over-story trees. The proposed plans indicate a total of 16 trees, six of which are over-story trees, meeting the City's minimum requirements. Per Staff's request, the landscape plan indicates trees planted on the parking islands and peninsulas along the western property line. This would serve as a screening mechanism for the parking lot while adhering to the landscape requirements. SIGNAGE. The O'Reilly Auto Parts building will incorporate three wall signs. Two wall signs will be 70 square feet in area, and the third will be 42 square feet in area, totaling 182 square feet. The City Code allows for 2 square feet of signage for each linear foot of building along a public right-of-way, with a maximum allowance of 200 square feet for the building. The proposed building is approximately 88 feet wide along both 37th Avenue and Central Avenue, for a total of 176 linear feet. Being that the building has greater than 100 linear feet along a public right-of-way, the City Code would allow for the maximum of 200 square feet of signage. The proposed 182 square feet of signage meets the minimum Code requirements. City Code allows for the monument sign to be 10 feet in height and 50 square feet in area. The proposed plans indicate that the monument sign will be 10 feet in height and 48 square feet in area, meeting the minimum Code requirements. The Design Guidelines do not allow for the monument sign to be internally lit, unless it is done in a manner consistent with allowable illumination. The proposed sign will utilize a 100% opaque application to ensure that the "red" area will not allow light to pass through it. This method of illumination meets the Design Guidelines standards. STORMWATER MANAGEMENT. The subject property is less than one acre in size, which means that on-site stormwater ponding is not required. However, the property is still required to control the rate of rainwater run-off from the property. The Site Plan includes a large green space area along the north side of the property, which will aid the rate of run-off. COMPARISON TO PREVIOUS PLAN. In 2008, CROS Companies submitted a Site Plan Review application for a 9,400 square foot retail center for this property. Although this plan was approved, the building was never pursued due to a weak commercial economy. It would be worth noting the comparisons of the two plans. 2008 Plan 2012 Plan Building square footage 9,400 s.f. 7,500 s.f. # of Parking Spaces 34 23 #of Access points from Central Ave 1 1 #of Access points from the alley 2 2 Projected Average PM peak trips 98.5* 44.8 *Projected trips based on a coffee shop without a drive-thru with the remainder of the building being a shopping center. Page 2 56 City of Columbia Heights Planning Commission March 6, 2012 Site Plan Review, O'Reilly Auto Parts Store Case # 2012-0302 DESIGN GUIDELINES The property at 3700 Central Avenue is located in the Design Overlay Central Business District and is subject to a set of specific development standards as outlined in the Design Guidelines. Some of the following areas of interest are as follows: BUILDING PLACEMENT. Buildings should have a well-defined front façade with primary entrances facing the street. At intersections, buildings should "hold the corner" — that is, have street facades at or near the sidewalk on both streets. The building at 3700 Central Avenue will be placed very near the intersection of Central and 37th Avenues. The proposed placement of the building meets the Design Guidelines for the district, with the main entrance facing north towards the parking lot and a secondary entrance along Central Avenue. BUILDING HEIGHT. All buildings shall have a minimum cornice height of 22 feet, in order to give the impression of a two-storied structure. The building for this project alternates in height and measures 22 feet in height at its highest point, meeting this requirement. BUILDING MATERIALS. The building will incorporate, brick, glass, and EIFS, which are all acceptable building materials for the district in which the building is located. WINDOW AND DOOR OPENINGS. The Design Guidelines require that at least 30% of the front façade be covered with window or door openings and that at least 20% of any two side or rear facades be covered with window or door openings. The proposed plans initially indicated a shortfall in this requirement. However, after discussions with the applicant, more windows were included in the plans for both the front and two side facades. The applicant will need a deviation from the Design Guidelines as all the windows on the south and east elevations will be non-transparent, as well as the smaller windows on the north elevation. This is due to the location of the proposed windows in relation to the interior layout of the store. Staff feels that utilizing this much non-transparent window area does not meet the intent of the Design Guidelines. Staff has had conversations with O'Reilly regarding this situation and would rather see the larger windows on the East Elevation be transparent. O'Reilly contends that the wall space given up by the windows would hurt their sales, as this space is needed to display their merchandise. FRONT ENTRIES. The Design Guidelines require that the front entries of buildings in the Design Guidelines Central Business District face Central Avenue. In this case, the applicant has proposed that the front entry face north, into the parking lot area. With that said, the East Elevation (that side of the building facing Central Avenue) still incorporates elements consistent with traditional store fronts, including windows and doors, signage and an awning. Staff feels that a deviation from the Design Guidelines is justified. The property is zoned GB, General Business, which requires on-site parking. The building's current Page 3 57 City of Columbia Heights Planning Commission March 6, 2012 Site Plan Review, O'Reilly Auto Parts Store Case # 2012-0302 design allows for customers to access the building more easily from the parking lot rather than having to walk around the building to enter from doors adjacent to Central Avenue. Being that the side of the building facing Central Avenue still has the appearance of a storefront, Staff is comfortable with allowing this deviation from the Design Guidelines. PARKING LOCATION. The Design Guidelines require that a maximum of 40% of the lot frontage may be occupied by parking. The proposed plans indicate that approximately 52% of the lot frontage would be occupied by parking. The challenge of building on commercial properties along Central Avenue is the depth of the lots. The parcel in question is only 109 feet deep. When taking the building placement, building setbacks, required parking spaces, parking setbacks, drive aisle widths and required landscaping into consideration, it becomes difficult to fit everything on a parcel and still meet every Design Guideline. For this reason, Staff is comfortable with the proposed deviation from the Design Guidelines by allowing for more than 40% of the lot frontage be occupied by parking. FINDINGS OF FACT Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: a) The site plan conforms to all applicable requirements of this article. The site plan meets all setbacks, parking criteria, landscape requirements and Design Guide lines requirements pertaining to the Zoning Code, with the exception of the deviation regarding the opacity of the windows, the orientation of the building on the lot and the amount of lot frontage that the parking occupies. b) The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan guides the property as Commercial The proposed retail center is consistent with the types of uses allowed in all commercially zoned areas of the City. c) The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed site plan meets all applicable setback requirements and zoning provisions. For this reason, there will be no adverse impacts on property in the immediate vicinity or the public right-of-way. RECOMMENDATION The site involving the proposed development has been a redevelopment priority for the City of Columbia Heights and provides an additional 7,500 square feet of retail development along the major commercial corridor of Columbia Heights. The proposed Page 4 58 City of Columbia Heights Planning Commission March 6, 2012 Site Plan Review, O'Reilly Auto Parts Store Case # 2012-0302 plans for the construction of the new building meet all zoning and design guideline requirements. For these reasons, staff recommends approval of the site plan for 3700 Central Avenue. Motion: That the Planning Commission recommends that the City Council approve the Site Plan per Code Section 9.104 (N), for the construction of a 7,500 square foot O'Reilly Auto Parts Store located at 3700 Central Avenue, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All application materials, maps, drawings and descriptive information submitted with the application shall become part of the permit. 2. The larger windows under the awning on the East Elevation must be transparent. 3. Three sides of the dumpster enclosure must be constructed of masonry and colored to match the principal structure. 4. All existing utility lines not in use must be disconnected as part of the building permit. 5. The applicant must submit all plans to the Metropolitan Council for a Sewer Availability Charge (SAC) determination. 6. All construction traffic shall be directed through the vehicle tracking pads. Due to the traffic volume on Central Avenue, site access shall be limited to the alley. 7. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 8. All restoration of turf areas in the Public Right-of-Way (ROW) shall be by 4 inches of topsoil/sodding. 9. Catch basin inlet protection shall be provided on 37th Avenue. 10.All disturbed areas shall be provided with temporary surface protection 7 days following establishment of final grade. 11.All work within the Public ROW shall be inspected by the City Engineering Department. 24-hour advanced notice of an inspection is required. 12.The applicant shall provide a copy of any MnDOT review comments and a copy of the permit for work on Central Avenue to the City Engineering Department. Page 5 59 City of Columbia Heights Planning Commission March 6, 2012 Site Plan Review, O'Reilly Auto Parts Store Case # 2012-0302 13.Any revisions to the sidewalk in the Public ROW shall meet the most current ADA and City requirements for pedestrian ramps and grade. The detectable warning plate color should match those on Central Avenue 14.The concrete sidewalk on Central Avenue was a special design, which included a 6-inch thickness with 1/2 inch diameter reinforcing each way and colored concrete. All construction documentation should be corrected providing for its replacement. 15.11 disturbed during construction, the existing concrete alley shall be restored in- kind, full width,joint to joint, and shall meet City requirements. 16.It is recommended to televise the existing sanitary sewer services to verify adequacy. 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W IN I II 1 • -to,-0100 MJ tY itKMroVA44.,aip\i4 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: March 12, 2012 AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Adopt Resolution 2012-026 being BY: Jeff Sargent, City Planner Resolution for the Approval of a DATE: March 7, 2012 l/ Conditional Use Permit for a used auto sales facility located at 5009 University Avenue BACKGROUND: At this time,Nabil Ali d/b/a Goldstar Taxi is requesting a Conditional Use Permit in order to operate a used car dealership from the property located at 5009 University Avenue,per Code Section 9.110 (E)(3)(d). Mr. Ali currently operates the Goldstar Taxi service from the property located at 5009 University Avenue. He stated that he would like to be able to buy cars from the Minnesota State auctions so that he can replenish his taxi fleet when needed. Mr.Ali indicated that he has a storage lot in Minneapolis which he uses to store his vehicles,and any vehicle he would purchase would also be stored on that lot. In order for Mr. Ali to purchase vehicles at the State auctions, he is required to have a Minnesota State-issued used car dealership license to do so. The City of Columbia Heights also requires a used car dealership license for Mr.Ali to purchase and sell vehicles from the property located at 5009 University Avenue. When Staff reviewed his request,it was determined that the only way that the City would be able to issue a used car dealership license would be if Mr.Ali first obtained a Conditional Use Permit. Mr.Ali does not intend on selling the vehicles that he purchases at auction. The vehicles that he purchases will be used for his taxi service company and will be stored outside the City limits. On a very rare occasion, a vehicle might be sold given the circumstances. If this is the case, the vehicle for sale would be keep inside the building. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on March 6, 2012. The Planning Commission recommended approval of the Conditional Use Permit with a 5-0 vote. RECOMMENDED MOTION: MOTION: Move to waive the reading of Resolution 2012-026, there being ample copies available to the public. MOTION:Move to adopt Resolution No.2012-026,approving the Conditional Use Permit for a used auto sales facility located at 5009 University Avenue NE,subject to the conditions outlined in Resolution No. 2012-026. Attachments:Resolution 2012-026;P+Z Memo;Location Map;Applicant Narrative COUNCIL ACTION: 70 RESOLUTION NO. 2012-026 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR GOLDSTAR TAXI TO ALLOW A USED CAR DEALERSHIP IN THE GENERAL BUSINESS DISTRICT IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case#2012-0303) has been submitted by Nabil Ali to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 5009 University Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(d), to allow a used car dealership in the GB, General Business District at 5009 University Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 6, 2012; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health,safety,and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses,traffic,property values,light,air,danger of fire,and risk to public safety in the surrounding areas; and NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal,that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect,when considered in conjunction with the 71 Resolution No. 2012-026 Page 2 cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER,BE IT RESOLVED,that the attached conditions,maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All vehicles for sale on the property must be kept indoors at all times. 2. Outdoor vehicle display areas within the public right-of-way are prohibited. 3. The outdoor storage of inoperable, junk vehicles and/or vehicles with expired tabs is prohibited. 4. The property must adhere to all other applicable regulations pertaining to used car sales as outlined in Code Section 9.107 (C)(7). Passed this 12th day of March, 2012 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 72 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2012-0303 DATE: March 6, 2012 TO: Columbia Heights Planning Commission APPLICANT: Goldstar Taxi, Nabil Ali LOCATION: 5009 University Avenue REQUEST: Conditional Use Permit for Used Auto Sales PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Nabil All d/b/a Goldstar Taxi is requesting a Conditional Use Permit in order to operate a used car dealership from the property located at 5009 University Avenue, per Code Section 9.110 (E)(3)(d). Mr. Ali currently operates the Goldstar Taxi service from the property located at 5009 University Avenue. He stated that he would like to be able to buy cars from the Minnesota State auctions so that he can replenish his taxi fleet when needed. Mr. Ali indicated that he has a storage lot in Minneapolis which he uses to store his vehicles, and any vehicle he would purchase would also be stored on that lot. In order for Mr. All to purchase vehicles at the State auctions, he is required to have a Minnesota State-issued used car dealership license to do so. The City of Columbia Heights also requires a used car dealership license for Mr. All to purchase and sell vehicles from the property located at 5009 University Avenue. When Staff reviewed his request, it was determined that the only way that the City would be able to issue a used car dealership license would be if Mr. Ali first obtained a Conditional Use Permit. Mr. All does not intend on selling the vehicles that he purchases at auction. The vehicles that he purchases will be used for his taxi service company and will be stored outside the City limits. On a very rare occasion, a vehicle might be sold given the circumstances. If this is the case, the vehicle for sale would be keep inside the building. COMPREHENSIVE PLAN The Comprehensive Plan guides this property as University Mixed Use. Holding offices for the taxi company is consistent with the types of uses that would be guided as University Mixed Use. ZONING ORDINANCE The zoning classification for the property located at 5009 University Avenue is GB, General Business District, as are the properties to the north. The properties to the east and are zoned R-2, One and Two Family Residential and the properties to the south are zoned R-3, Multiple Family Residential. The properties to the west are located in the City of Fridley. The current use of the property as an office is consistent with the zoning classification. The proposed use essentially continues the current use as office, as the building would only serve as a location to make car-buying transactions. 73 City of Columbia Heights Planning Commission March 6, 2012 CUP — Goldstar Taxi Case # 2012-0303 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. Use Automobile Sales is specifically listed as an acceptable Conditional Use in the GB, General Business District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides this property as University Mixed Use. Holding offices for the taxi company is consistent with the types of uses that would be guided as University Mixed Use. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use would not cause any disturbing influences on neighboring properties because no change to the business will occur. No vehicles will be stored on site and all vehicles for sale would be stored inside an enclosed building. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of neighboring properties would not be diminished in any way with the proposed use of the subject property. (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. No external changes to the property will be made with the proposed Conditional Use Permit. (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 on-site circulation of traffic will remain unchanged. (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. Page 2 74 City of Columbia Heights Planning Commission March 6, 2012 CUP - Goldstar Taxi Case # 2012-0303 This is a correct statement. (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 approve the proposed Conditional Use Permit to operate a used car dealership from the property located at 5009 University 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 used automobile sales located at 5009 University Avenue, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All vehicles for sale on the property must be kept indoors at all times. 2. Outdoor vehicle display areas within the public right-of-way are prohibited. 3. The outdoor storage of inoperable, junk vehicles and/or vehicles with expired tabs is prohibited. 4. The property must adhere to all other applicable regulations pertaining to used car sales as outlined in Code Section 9.107 (C)(7). ATTACHMENTS • Draft Resolution • Location Map • Applicant letter Page 3 75 5009 UNIVERSITY AV UE , « .. 5100 5107 5100 ct 5100 111 51ST AVE 5056 5055 , 5058 5059 5058 111,' 5060 5057 5056 5052 5454 ' 1— 5055 5049 5052' 5051 5050 5051 5051 5050 5048 145 5046 5045 5046 ai. 5054 5045 5044 5042 5041 5042 5041 5042 5043 5038 5036 5037 5036 5038 5039 5032 5039 5038 5032 5033 5035 1i 5033 5033 5032 5028 5030 5027 5030 5029 5028 5024 5027 5024 5127 5027 5028 5021 5024 5023 5020 5023 5020 5420 117 5016 Milli 50 502} 5015 5016 '.5415 014 5015 5014 5023 `, � 5009 5008' 5011 5010 09 501 5406 5017 L„tS 1 5005 5004 = 5005 5006 • I : I 1 5001 + 5000 ty 5001 5002 4 5005 5000 5005 5001 50TH AVE 4952 4957 4958 4959 4954 4955 4960 4959 4951 4 . 4945 . '. 4945 4944 4949 4948 4949 4941 ;, 4941 ,.., '41 4940 4941 4942 4943 4337 4935 4936 4934 . . 493 . 4936 4023 4931 > .4.:,:,......,,"•...,'4'.' ' 1 4929 4'928 4930 4928 4925 492.5 4920 4924 4915 492 ,4 4. ` 4921 4917 • 4917 4918 4905 491 4911 4915 4912 4912 4906 4909 '08 4906 r ,� . v 490 a. 4e 9 45 4.904 4905 4900 4900 .:, 4900 49TH AVE 4856 4855 4858 , .>wm 4#95$ 4.859 4854 4855 4$54 1— 1— f6 "' 4852 4853 t" 4845 4844 !.1 4$48 •• 4846 4843 4846 4847 4$45 4$44 4842 4$4 4837 4838 4837 4841 4836 •''s• 4833 483 ,. 2 4833 4834, 4833•4829 4824 4829 4828 4827 4825 4824 4823 482 I 4811 4820 ''.I;i . 4824 4821 4818 t:;Z� 4816 4817 ® ; Location Map 76 ** :47***ItT ******** ******* -tt,-* * * ttt *-tttt-*** tt, tttt * *i tittt, * tittit t_ 1401;1300411906tAm * * * ••• -1,Y * 14. * 5009 University Ave. NE, Columbia Heights, MN, 55421 * Tel: (952) 881-4444 -fr * -tz- * * * Date: 7 February 2012 * to To: The City of Columbia Heights,Zoning Department * *- Re: Conditional Use Permit for Used Car Dealer License 4- * * tit Gold Star is a taxi company and we need a Conditional Use Permit for a Used Car Dealer License in order to be able to purchase vehicles at auctions that will then be turned into taxicabs * * * * for our fleet Furthermore, in the future, if any sale transaction of a vehicle occurs, which would, * * * rarely happen, it will be done indoors. In addition, we will not store any vehicles in our lot * IT *- it`, overnight. ?I' * 7* * ** * * * * * * * * * * tit- * If you have any further questions please * contact us the number/address above b / dd b -A- * * * -ir Sincerely, , * * k Nabil Ali Samy Aly -4.- Co-Owner Gold Star Taxi Company Co-Owner Gold Star Taxi Company * * * * -tr f,._ -) * 1-7 i-t- * * * * * * t * * t * * 1 * * ! t * * t * * * ** ***** * 77 I CITY COUNCIL LETTER Meetin of March 12,2012 AGENDA SECTION: ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Approval of Premises Permit BY: Scott Nadeau BY: Application for Columbia Heights DATE: March 8,2012 DATE: Athletic Boosters to conduct charitable gambling activities at Mr. BBQ, 4811 Central Avenue NE NO: BACKGROUND The Columbia Heights Athletic Boosters Club has submitted a Premise Permit Application to hold legal gambling activities at the new Mr. BBQ location, 4811 Central Avenue NE. The Athletic Boosters propose to have pull tabs, a pull-tab dispensing machine, paddlewheel and bar bingo at the site. The Athletic Boosters have submitted a copy of the floor plan and lease agreement with Mr. BBQ. The Premises Permit Application and an investigation fee of$250 were also submitted. A background check has been conducted on their gambling manager and chairman, and we found no information that would disqualify them from receiving approval for this permit. It should be noted that this is a new permit for this location. ANALYSIS/CONCLUSION Since the organization satisfies the City Council resolution regarding charitable gambling and the organization has paid the $250 investigation fee,the following action is recommended. RECOMMENDED MOTION MOTION: Move to approve the Premises Permit Application for the Columbia Heights Athletic Boosters to conduct legal gambling activities at Mr. BBQ, 4811 Central Avenue NE, and to direct the City Manager to sign the Premises Permit Application verifying the City's approval. COUNCIL ACTION: COLUMBIA HEIGHTS ATHLETIC BOOSTERS CLUB, INC. February 21,2012 Mayor Gary Peterson Mr. Walt Fehst City of Columbia Heights 590 40th Avenue NE Columbia Heights,MN 55421-3878 Re: New Premise Permit Dear Mr. Fehst and Mayor Peterson, On behalf of the Columbia Heights Athletic Boosters Club I request approval of the enclosed premise permit application for a new location; Mr. BBQ located at 4811 Central Avenue NE,Columbia Heights, MN 55421. In compliance with state requirements,I've enclosed the following documents for City Council approval. We are looking for our permit to be effective as soon as possible in 2012: • LG215 Lease Agreement for Lawful Gambling Activity • LG214 Premise Permit Application(signature needed) • Booth location on diagram • Investigative fee of$250.00 • Board of Directors listing The signature of Walt Fehst and/or Mayor Peterson will be required once approval is obtained on the second page of LG214. If you require additional information please feel free to contact me at (763) 331-5303. Your assistance with this matter is greatly appreciated. C, . • y, Suzy 4140,io CHAB Gambling Manager Enc. 530 MILL STREET*COLUMBIA HEIGHTS*MN*55421 763-706-3743 OFFICE 763-706-3743 FAX s Minnesota Lawful Gambling rx._ R LG215 Lease for Lawful Gambling Activity 3/11 Page 1 oft Check applicable item: tv.11. New lease. (Do not submit existing lease with amended changes), Date that the changes will be effective. Submit changes at least 10 days before the effective date of the change. 32.New owner.Effective date Submit new lease within 10 days after new lessor assumes ownership. Organization name I Address . License number i Daytime phone Columbia Heights Athletic Boosters 1530 Mill Street NE 02072 1763-706-3743 Name of leased premises i Street address City 1 State i Zip j Daytime phone Mr. BBQ 1 l"3ll cervia,12 ciit ed.I-0 I MN ctit) Nam og f legal owner of premises I Business/street address City State i Zip j Daytime phone Name of lessor(if same as legal I Business/street address City State i Zip I Daytimephone owner,write in"SAME') 1 Check(; ).all aitvities that will be conducted.. Pull-tabs 2Puil-tabs with dispensing device ElZ ipboards 2Paddlewheel a.Paddlewheel with table Bingo ElBar bingo puli-tab, Ti:pboard and-Paddiewheel;Rent (No lease required for rattles.) Booth operation-sales of gambling equipment by an employee Bar operation-sales of gambling equipment within a leased (or volunteer)of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where that is distinct from areas where food and beverages are sold. food and beverages are also sold. r -t Does,your orsianization,OB any ptlier organize'lej conditat::gambling. .• L from a booth operation at this location? Yes' , W O, T v If you answered yes to the question above,rent limits are If you answered no to the question above,rent limits are based on the following combinations of operation: based on the following combinations of operation: - Booth operation - Bar operation - Booth operation and pull-tab dispensing device - Bar operation with pull-tab dispensing device - Booth operation and bar operation - Pull-tab dispensing device only - Booth operation,bar operation,and pull-tab dispensing device The maximum rent allowed may not exceed$1,750 in total per month for all organizations at this premises. • COMPLETE ONE OPTION: COMPLETE ONE OPTION: Option A: 0 to 10%of the gross profits per month. Option A: 0 to 20%of the gross profits per month. Percentage to be paid ^ % Percentage to be paid % Option B: When gross profits are$4,000 or less per month, Option B: When gross profits are$1,000 or less per month, ' $0 to$400 per month may be paid. $0 to$200 per month may be pap. Amount to be paid$ . Amount to be paid$ Option C: $0 to$400 per month on the first$4,000 of gross Option C: $0 to$200 per month on the first$1,000 of gross profit. Amount to be paid $ ".1 .,, profits. Amount to be paid$ ____�,, Plus,0%to 10%of the gross profits may be paid per month on Plus,0%to 20%of the gross profits may be paid per month on gross profits over$4,000. Percentage to be paid I 0 % gross profits over$1,000. Percentage to be paid Bingo:Rent . . Option D: 0 to 10%of the gross profits per month from all lawful gambling activities held during bingo occasions,excluding bar bingo. Percentage to be paid Option E: A rate based on a cost per square foot,not to exceed 110%of a comparable cost per square foot for leased space,as approved by the director of the Gambling Control Board.No rent may be paid for bar bingo. Rate to be paid $ per square foot, The lessor must attach documentation,verified by the organization,to confirm the comparable rate and all applicable costs to be paid by the organization to the lessor. Bar Bingo. . . No rent may be paid for bingo conducted in a bar. LG215 Lease for Lawful Gambling Activity 3/11 Page 2 of 2 Lease Term-The term of this lease agreement will be Other Prohibitions concurrent with the premises permit issued by the Gambling The lessor will not impose restrictions on the organization with respect to Control Board(Board). providers(distributor or linked bingo game provider)of gambling-related equipment and services or in the use of net profits for lawful purposes. I Management of Gambling Prohibited -The owner of The lessor,the lessor's immediate family,any person residing in the same the premises or the lessor will not manage the conduct of residence as the lessor,and any agents or employees of the lessor will gambling at the premises. not require the organization to perform any action that would violate Participation as Players Prohibited-The lessor will not statute or rule. The lessor must not modify or terminate this lease in participate or Players as player in any The whole or in part due to the lessor's violation of this provision,If there is partcipgconducted directly or on the premises.ases. The lessor's immediate a dispute as to whether a violation occurred,the lease will remain in gamily and and ento or the p m gambling employees of the immediate effect pending a final determination by the Compliance Review Group (CRG)of the Gambling Control Board. The lessor agrees to arbitration ' not participate as players in the conduct of lawful gambling on when a violation of this provision is alleged, The arbitrator'shall be the the premises,except as authorized by Minnesota Statutes CRG, 349.181. Illegal Gambling Access to permitted premises IThe lessor is aware of the prohibition against illegal gambling in Consent is given to the Board and its agents,the commissioners of Minnesota Statutes 609.75,and the penalties for illegal revenue and public safety and their agents,and law enforcement i gambling violations In Minnesota Rules 7865.0270,Subpart 3.In personnel to enter and inspect the permitted premises at any reasonable( addition,the Board may authorize the organization to withhold time during the business hours of the lessor.The organization has access rent for a period of up to 90 days if the Board determines that to the permitted premises during any time reasonable and when illegal gambling occurred on the premises or that the lessor or its necessary for the conduct of lawful gambling on the premises. employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Lessor records Continued tenancy of the organization is authorized without The lessor must maintain a record of at money received from the payment of rent during the time period determined by the Board organization,and make the record available to the Board and its agents, for violations of this provision,as authorized by Minnesota and the commissioners of revenue and public safety and their agents Statutes 349.18,Subdivision 1(a), upon demand,The record must be maintained for 34/2 years, i To the best of the lessor's knowledge,the lessor affirms that i Rent all-inclusive any and all games or devices located on the premises are not Amounts paid as rent by the organization to the lessor are all-inclusive. i being used and are not capable of being used,in a manner No other services or expenses provided or contracted by the lessor may that violates the prohibitions against Illegal gambling in be paid by the organization,including but not limited to: Minnesota Statutes 609,75. - trash removal -janitorial and cleaning services Notwithstanding Minnesota Rules 7865,0220,Subpart 3,an -electricity,heat -other utilities or services organization must continue making rent payments under the snow removal lawn services terms of this lease,if the organization or its agents are found to -storage -security,security monitoring be solely responsible for any illegal gambling,conducted at this in the case of bar operations,cash shortages. site,that is prohibited by Minnesota Rules 7861,0260,Subpart Any other expenditures made by an organization that is related to a 1,item H or Minnesota Statutes 609,75,unless the leased premises must be approved by the director of the Gambling organization's agents responsible for the illegal gambling activity Control Board. Rent payments may not be made to an individual. are also agents or employees of the lessor. Changes in lease The lessor must not modify or terminate the lease in whole or in • Lease information-If the lease is amended with no change in part because the organization reported,to a state or local law ownership,the organization will submit the a new lease to the Board enforcement authority or the Board,the conduct of illegal at least 10 days before the effective date of the change. gambling activity at this site in which the organization did not • Ownership-If a change in ownership occurs,the organization will participate. I submit a new lease to the Board within 10 days after the new lessor ' 31 i has assumed ownership. I r d Acknowledgment of Lease Terms I affirm that this lease Is the total and only agreement between the lessor and the organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. The lease may be terminated by either party without cause with a 30-day written notice. Other terms / 1 / /4 Ill' �fl 5s, 1'' 44—. 'tA . r� Date Slgn-t e of organizatJ '. ssee) ii Date ry+J /., al /w �1/ ,. .�l_I 1 4-,i Print name and title of lessor j '•ullr ame and title of lessee cEi 1 Jeri L . Cole 0,C,0 Questions? Contact the Licensing Section,Gambling Control Board,at 651-639-4000.This publication will be made available in alternative format(i.e. large print, Braille) upon request. Data privacy notice: The information requested on this form and any attachments will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. �,� w•a tars.' " `. Minnesota Lawful Gambling 3/11 Page 1 of 2 LG214 Premises Permit Application Annual Fee $150 FOR BOARD USE ONLY Check $ Required Attachments to LG214 1. if the premises is leased, attach a copy of your lease. Mail the application and required attachments to: 1l1 Use LG215 Lease for Lawful Gambling Activity. Gambling Control Board 2. $150 annual premises permit fee, for each permit. 1711 West County Road B,Suite 300 South Make check payable to "State of Minnesota." Roseville, MN 55113 Ji Questions? Call 651-639-4000 and ask for Licensing. Organization Information 1.Organization name t t,c c-*.w► Licensenumber 04-0-1's-- i 2.Chief executive officer(CEO) Je.'n Cc '€. Daytimephone, r 1 3.Gambling manager sv,,LAI geso: Daytimephone I j Gambling Premises Information . 4. Current nameofsite wheregambling will beconducted k€- 4?i esG- 5. List any previous names forth is location Cfy+^l't 13u o V.); Lti ay **) 6. Street address where premises is located '18U Ctoire..4 C like qr-pi 1'i/k it 5-Li-' (Do not use a P.O. box number or mailing address) 7. City —.-. Township County Zip code OR 8. Does your organization own the building where the gambling will be conducted? 0Yes uia No If no,attach LG215 Lease for Lawful Gambling Activity. EJYes •No Raffle only. No lease is required if only a raffle will be coo"n�ducted. 9. Is any other organization conducting gambling at this site?0Yes No t- W Don't know I T � 10.Has your organization previously conducted gambling at this site?Des II No 's E Gambling Bank Account Information(mustbe in Minnesota) 11. Bank name .�: ...� ..._..�...��Bank account number KIDY n + 7ei �n --- 12. Bank street address City State Zip code All Temporary and Permanent Off-site Storage Spaces (for gambling equipment and records related to this site must be stored in Minnesota) 13. Address (Do not use a P,O.box number) City State Zip code 1 3°i}j Cm- A t., Carl, MN 55Lta MN Reset-Penn LG214 Premises Permit Application 3/11 Page 2 of 2 . . Acknowledgment by LOOM Unit of Government .,Approval•by•Resolution CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township City name - County name ___. Date approved by city Date approved by county - Resolution number if any Resolution number if any — Signature of city personnel . Signature of county personnel Title Date / / Title Date / / . . .. . . . . -. .. 1 Acknowledgment •and:..Oath .-.-.. .....:: . ••••....•..,....::,:...,....,. .:,.... ... .:,.....•. - :. •-• • :,.... ..„ ...• -.. . 1. I hereby consent that local law enforcement officers, 5. I am the chief executive officer of the organization. the Board or its agents, and the commissioners of 6. I assume full responsibility for the fair and lawful operation of revenue or public safety and their agents may enter all activities to be conducted. and inspect the premises. 7 I will familiarize myself with the laws of Minnesota governing 2. The Board and its agents, and the commissioners lawful gambling and rules of the Board and agree, if licensed, of revenue and public safety and their agents are to abide by those laws and rules, including amendments to authorized to inspect the bank records of the gambling them. account whenever necessary to fulfill requirements 8. Any changes in application information will be submitted to of current gambling rules and law. the Board no later than 10 days after the change has taken 3. I have read this application and all information effect. submitted to the Board is true, accurate, and 9. I understand that failure to provide required information or complete, providing false or misleading information may result in the 4. All required informftion has been fully disclosed, denial or revocation of the license, QUL cop Signature of j1f Executive Officer(designee may not sign) Date k A i Print name ci e. ItOsotFor:m.F. •.,-Prititforti:-And.':have CEO-:•sign : Data privacy notice: The information requested Your organization's name and Private data about your organization are on this form (and any attachments)will be used -address will be public available to: Board members,Board staff by the Gambling Control Board(13oard)to information when received by whose work requires access to the information: determine y our organizations qualifications to the Board. All other information Minnesota's Department of Public Safety; he involved in it11.11ill gambling activities in provided will be private data Attorney General:Commissioners of Minnesota. Your organization has the right to about your organization until the Administration. Minnesota Management& refuse to supply the information: liowever. if Board issues the permit. When Budget,and Revenue:Legislati\e Auditor. your organization refuses to supply this the Board issues the permit,all national and international V.ambling regulatory information,the Board may not he able to inlinmation provided will agencies:anyone pursuant to court order:other determine your organization's qualifications become public. If the Board individuals and agencies specifically authorized and_as a consequence,may rethse to issue a does not issue a permit,all by state or federal law'to have access to the permit. LC your organization supplies the information provided remains information:individuals and agencies fin-which information requested,the Board will he able to private,with the exception of law or legal order authorizes it new use or process your organization's application, your organization's name and sharing of information after this notice was address which will remain public. given;and anyone with your written etinseni. This form will be made available in alternative format(i.e. large print, Braille) upon request. Mr. BBQ c,) Booth Booths Rooth Booth Booth Tabl Booth Bar Exit NOrtheatt Itrrar4x65,Mti•E124ateit COLUMBIA HEIGHTS ATHLETIC BOOSTERS CLUB x411/Bank glkw446'1WkiL*12"144:7V53384251 YourIndgperdattCalsnitoteyBank CHARITABLE GAMBLING ACCOUNT 530 MILL STREET NE COLUMBIA HEIGHTS,MN 55421 2121/2012 5 PAY TO THE ORDER OF City of Columbia Heights $ '"250.00 Two Hundred Fifty and 00/1 0 0*************************Irk*****lrk**************************ink*******************-*-k*********** DOLLARS City of Columbia Heights 590 40th Avenue NE 8 Columbia Heights, MN 55421 Investigative Fee: Mr. BBQ COLUMBIA HEIGHTS ATHLETIC BOOSTERS CLUB 1111 CHARITABLE GAMBLING ACCOUNT City of Columbia Heights 2/2112012 250.00 Columbia Heights Athl Investigative Fee: Mr, BBQ 250.00