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Home My WebLink About05/14/2012 Regular Meeting CITY OF COLUMBIA HEIGHTS M Gary L.Peterson 590 401h Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Councilmembers Visit our website at:www.cLcolumbia-heiehts.mn.us Robert A. Williams Bruce Nawrocki Tammera Diehm Donna Schmitt City Manager Walter R.Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, May 14,2012 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 Bill Hugo, St. Matthew Lutheran Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council,upon majority vote of its members,may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS,RECOGNITION,ANNOUNCEMENTS, GUESTS A. Recognition for Years of service - David Thompson, Planning and Zoning Commission p7 B. CH Athletic Boosters award-2011 Ron Wojciak Memorial Award for Outstanding p8 Contributions to the Columbia Heights Youth Sports Program(awarded to ISD#13 and the City of Columbia Heights) C. Proclamation-Public Works Week p13 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve City Council meeting minutes MOTION: Move to approve the minutes of the April 23, 2012 City Council meeting. p14 B. Accept minutes of the boards and commissions MOTION: Move to accept the April 2, 2012 minutes of the Library Board. p28 MOTION: Move to accept the May 1, 2012 draft minutes of the Planning and Zoning p30 Commission. MOTION: Move to accept the April 2, 2012 minutes of the EDA p49 MOTION: Move to accept the unapproved April 19, 2012 minutes of the Charter Commission. p52 3 City Council Agenda Monday,May 14,2012 Page 2 of 4 C. Adopt Resolution 2012-48, being a Resolution rescheduling the Monday, May 28, 2012 City p54 Council meeting to Tuesday, May 29, 2012. MOTION: Move to waive the reading of Resolution No. 2012-48, there being ample copies available to the public. MOTION: Move to adopt Resolution 2012-48,being a Resolution rescheduling the Monday, May 28, 2012 City Council meeting to Tuesday, May 29, 2012. D. Approve Restructuring the Loan Agreement for James Wetch dba Jimmy's Pool Hall. p56 MOTION: Move to approve an Extension of the "Contract of Sewer Availability Charge Time Payment Agreement for 4040 Central Ave(Contract#2354) for James Wetch until July 10, 2013, with no payments due in the months of May through August of 2012. All other provisions of the contract remain as is." E. Approve Permits for 2012 Jamboree p58 MOTION: Move to authorize staff to close Huset Parkway for the time period from Tuesday afternoon, June 19 through Sunday, June 24, 2012. MOTION: Move to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 22, 2012 beginning at 6:00 p.m. for the following streets: Central Avenue from 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street and 5th Street to Mill Street. MOTION: Move to authorize fireworks at dusk on Saturday, June 23, 2012 and to waive the Fire Department fireworks display permit fee. F. Adopt Resolution 2012-51, being a Resolution to request Anoka County Levy funds for the p59 purchase of 3927 Central MOTION: Move to waive the reading of Resolution 2012-51, there being ample copies available to the public. MOTION: Move to adopt Resolution 2012-51,being a Resolution requesting all unobligated funds, fiscal year 2008-2012 from the Anoka County HRA Levy and appropriation from City Fund 420 for the purchase of 3827 Central Avenue. G. Adopt Resolution 2012-052,being a Resolution ordering a Public Hearing to Construct p62 Bituminous Surfacing on Grandview Court MOTION: Move to waive the reading of Resolution 2012-052, there being ample copies available for the public. MOTION: Move to adopt Resolution 2012-052,being a resolution ordering the Improvement and Levy Hearings for consideration of construction of the bituminous wear course on Grandview Court at the regular City Council meeting on May 29, 2012 at 7:00 p.m. H. Adopt Resolution 2012-054 accepting the Feasibility Report for alley construction between p65 Jackson and Van Buren Streets,north of 40th Avenue and ordering the Public Improvement Hearing MOTION: Move to waive the reading of Resolution 2012-054, there being ample copies available for the public. 4 City Council Agenda Monday,May 14,2012 Page 3 of 4 MOTION: Move to adopt Resolution 2012-054, being a resolution accepting the Feasibility Report for Concrete Alley Construction between Jackson and Van Buren Streets, north of 40th Avenue, and ordering the Public Improvement Hearing at the regular City Council meeting on May 29,2012 at 7:00 p.m. I. Adopt Resolution 2012-055 accepting the Feasibility Report for Sidewalk Construction on the p72 North Side of 43rd Avenue between Quincy Street and Central Avenue and ordering the Public Improvement Hearing MOTION: Move to waive the reading of Resolution 2012-055, there being ample copies available for the public. MOTION: Move to adopt Resolution 2012-055, being a resolution accepting the Feasibility Report for 43rd Avenue Sidewalk between Quincy Street and Central Avenue and ordering the Public Improvement Hearing at the regular City Council meeting on May 29, 2012 at 7:00 p.m. J. Approval of attached list of rental housing applications. p78 MOTION: Move to approve the items listed for rental housing license applications for May 14, 2012 in that they have met the requirements of the Property Maintenance Code. K. Approve Business License Applications p87 MOTION: Move to approve the items as listed on the business license agenda for May 14, 2012 as presented. L. Review Payment of the Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council P89 has received the list of claims paid covering check number 143317 through 143556 in the amount of$938,839.41. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolution 2012-053 being a Resolution Levying and Adopting the Assessment for Alley Light Area No. 677-44 p99 MOTION: Move to close the public hearing and waive the reading of Resolution 2012-053, there being ample copies available to the public. MOTION: Move to adopt Resolution 2012-053, being a resolution levying and adopting the assessment for Alley Light Area No. 677-44. B. Adopt Resolution 2012-049 being Resolution for the Approval of a Conditional Use Permit for outdoor storage located at 3841 —3rd Street NE. p104 MOTION: Move to waive the reading of Resolution 2012-049, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2012-049, approving the Conditional Use Permit for outdoor storage at 3841 —3rd Street NE, subject to the conditions outlined in Resolution No. 2012-049. C. Adopt Resolution 2012-050 being Resolution for the Approval of a 4.5-foot side setback variance for parking at 81 —38th Avenue NE. p114 5 City Council Agenda Monday,May 14,2012 Page 4 of 4 MOTION: Move to waive the reading of Resolution 2012-050, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2012-050, approving the 4.5-foot side yard setback variance for the construction of a parking lot located at 81 —38th Avenue NE, subject to the conditions outlined in Resolution No. 2012-050. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions First Reading of Ordinance No. 1607,being an Ordinance amending Chapter 3, Sections 33 and 34 of the Charter of the City of Columbia Heights regarding write in candidates. p 123 MOTION: Move to waive the reading of the ordinance,there being ample copies available to the public. MOTION: Move to schedule the second reading of Ordinance No. 1607,being an ordinance amending Chapter 3, Sections 33 and 34 of the Charter of the City of Columbia Heights for May 29, 2012, at approximately 7 p.m. in the City Hall Council Chambers. B. Bid Considerations -none C. New Business and Reports -none 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10.ADJOURNMENT d / Walter R. Fehst, City Manager WF/pvm 6 THE CITY OF COLUMBIA HEIGHTS DOES HEREBY ACKNOWLEDGE THE VOLUNTEER EFFORTS OF DAVID R. THOMPSON FOR HIS MANY YEARS OF SERVICE ON THE COLUMBIA HEIGHTS PLANNING AND ZONING COINMLSSION FROM 2005-2012 GARY L PETERSON MAYOR 7 Columbia Heights Athletic Boosters 46th Annual Awards Night GOA A 1-1[1] - TSB � RTHLET1C F5TEF Wednesday, April 25, 2012 Murzyn Hall Columbia Heights, MN f6 Ron Wojciak Awards This is the forty-sixth ear we have presented an award in memory of Ron "Wo1cia&, a young athlete who grew upp in Columbia 7-Ceights and attencledthe'University of Minnesota where he became an ACC-Conference baseball player in the Big Ten. Ron was scouted 6y Angelo giuliani and signed with the Minnesota "'wins in 1964, but in 1966 lung cancer claimed his life before he could fu,fill his dream of playing major league baseball We are proud to continue our tradition of giving these special awards each year in'Ron Woiciak's memory. - The Columbia 7-Ceights Athletic Boosters - Individual Award 1966 Larry Gallagher 1978 Jim Demars 1989 Paul Bona 2000 Jim Swanson 1967 Dick Bierch 1979 Gary Peterson 1990 Bob Ruettimann 2001 Chuck Emme 1968 "Frenchy"Von Dell 1980 Dick Kurash 1991 Cliff Shedlov 2002 Larry Magel 1969 Dom Hebzynski 1981 Gerald Stuhr 1992 Curt Dockter 2003 Ed Matthes 1970 Lee Wolfe 1982 Will Mackey 1993 Denny Mickelson 2004 Gretchen Nelson 1971 Dick Borchardt 1983 Roman Blazei 1994 Jerry Foss 2005 Kay Mayer 1972 Joe Klis 1984 Don Haller 1995 Kingsley Wilson 2006 Terry Reyes 1973 John Murzyn 1974 John Murzyn 1985 Jack Bartlett 1996 Joe Lewandowski 2007 Helen Tomas 1975 Bill Hollom 1986 Ron Naegele 1997 Gary Mayer 2008 Chuck Vescio 1976 Dick Petkoff 1987 Dick Lawrence 1998 Dale Hadtrath 2009 Mark Vescio 1977 Fred Byrnes 1988 Jim Fowler 1999 Bob Prois 2010 Marsha Stroik Commercial Award 1973 Leon's Supper Club 1987 IPC Printing 2000 Ground Round 1974 Leon's Supper Club 1988 Northeast Bank 2001 ERA Muske Realty 1975 Stubs A&W Rootbeer 1989 Herringer Construction 2002 IPC Printing 1976 Tasty Pizza 1990 Leon's Supper Club 2003 Wolff's Mr Steak 1977 Pattee Homes 1991 Doty&Sons 2004 Franklin Builders 1980 VFW Post 230 1993 H B Fuller 2005 Jeff's Bobby&Steve's 1982 Tasty Pizza 1994 Wagamon Brothers Auto World 1983 Totino Pizza 1984 D &V Sales 1995 Marino's Restaurant 2006 City Of Hilltop 1985 Hilltop Chamber of Commerce& 1996 Sharky's Grill &Bar 2007 Sarna's Classic Grill Northwestern Electronics Institute 1997 AAA Awards 2008 Majestic Oaks Golf Club 1986 Barna, Guzy, Merrill,Hynes 1998 Asia Chow Mein 2009 Top Valu Liquor &Giancola 1999 Nedegaard Custom Homes 2010 Alberts Distinguished Service Award 1992 Abe Verbrugge 1997 Ambrose Christianson 2004 Helene Bartlett 2008 Bill Streff 1994 Wes Olson 2000 Ron Cadwell 2005 Pam Sigurdson 2009 Dan Couillard 1995 Jim Plumedahl 2001 Ron Margo 2006 Pat Olynyk 1996 Don Carlson 2003 Al Ogdie 2007 Keith Windschitl 2010 Karen Moeller President's Award 1988 - 89 Kingsley Wilson 1997-98 Larry Magel 2005-06 Aurora Johnston 1989 - 90 Gary Mayer 1998-99 Gretchen Nelson 2006-07 Carole Holmes& 1990- 91 Jerry Foss 1999-2000 Bob Ruettimann Gary Mayer 1991 -92 Jack Bartlett 2000-01 Jeri Cole& 2007-08 Sandy Bornetun, 1992 - 93 Helene Bartlett Sandi Kissell Aurora Johnston, & 1993 -94 Mark Casey 1994-95 Joe Lewandowski 2001 -02 Gary&Kay Mayer Roxanne Sorensen 1995 -96 Mike Kissell & 2002-03 Marcy Osterberg 2008-09 Mark Vescio Art Meadowcroft 2003-04 Karyn Prois 2009- 10 Al&Arlene Engel rE- 1996-97 Chuck Emme 2004-05 Nancy Snell 2010- 11 Karen Schultz 9 Columbia H Athletic Boosters 46th Annual Awards Program Welcome th Introductions - King Wilson Invocation - Paul Bona * * * Dinner - Catered by Marino's * * Guest Speaker -Jim Galuska President's Award- Presented by Karen Schultz * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Presentation of 2011 Ron Wojciak Awards Commercial Award- Presented by Keith Windschitl Individual Award- Presented by Joe Lewandowski * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Closing Remarks - King Wilson Thank You For Attending This Special Event! 10 Columbia Heights Athletic Boosters Club, Inc. 530 Mill St NE Columbia Heights, MN 55421 763-706-3743 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2011 - 2012 Board of Directors (October 1, 2011 - September 31, 2012) Jeri Cole - Chairman of the Board Karen Schultz - President Dave Meyers - President-Elect Arlene Engel - Secretary Al Engel - Treasurer Dave Payne - Director Ellen Subrook- Director Mark Vescio - Director * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Booster Awards Committee Joe Lewandowski, Gary Mayer, Kay Mayer, Bob Prois, Marsha Sroik, King Wilson * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Corporate Sponsor Special Thanks Of Appreciation To Northeast Bank! * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Program Printed Compliments Of Allied Charities OfMinnesota. 11 COLUMBIA MB1 HEIGHTS ATHLETIC r_ BOOSTERS Who We Are... The Boosters began, in 1955 or thereabout with Joe Klis, Freddie Brynes, Frenchy Von Dell,Dick Borchardt, and John Murzyn Sr. They met in the field house,sometimes in the downstairs Boiler Room and then moved to John Murzyn's Park Board office. A note was printed from a very old paper that was found by Gary Peterson that contained the following: "To create an organization of community volunteers that will use all their talents and skills to raise money to support youth activities and athletics in Columbia Heights so that all youth who wish to participate in activities will not be denied as a result of not having the financial means to do so." This has been our mission statement from the very beginning. From this meager beginning—the Boosters have continually grown. What we are... Our Organization is busy year round with fundraisers such as selling hot dogs and Pop at Top Valu during the summer weekends, Annual 5K,Annual Golf Tournament,Running the Food Wagon at the Jamboree, and also through Charitable Gambling, such as Bar Bingo,Pull Tab Sales,Raffle Calendar Sales, and Meat Raffles. Through these efforts, we have been able to provide more than$275.0000.00 in scholarships to the graduating seniors at Columbia Heights High School, and more than$2 Million in donations to the City of Columbia Heights,the Park&Recreation Dept. and Independent School District 13. Where Can You Find Out What We Are Up To Our New Webpage Has Arrived http://chathleticboosters.com/ 12 PUBLIC WORKS • REFUSE/RECYCLING • CENTRAL GARAGE • SEWER/WATER • ENGINEERING • STREETS • PARKS NATIONAL PUBLIC WORKS WEEK Proclamation WHEREAS, Public Works services provided in our community are an integral part of our citizen's everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of Public Works systems and programs such as water, sewer, streets and highways,public buildings, solid waste collection and snow removal; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff Public Works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, NOW, THEREFORE, I, Gary Peterson, Mayor of the City of Columbia Heights, do hereby proclaim the week of May 20 through May 26, 2012 as "NATIONAL PUBLIC WORKS WEEK" in the City of Columbia Heights, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which Public Works officials make every day to our health, safety, comfort and quality of life. Mayor Gary Peterson (Seal) 13 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY,APRIL 23,2012 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, April 23, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Dan Thompson, Assembly of God 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 Mayor Peterson removed Resolution 2012-41 and 2012-45, in that the properties have been brought into compliance. Motion by Nawrocki that Council Corner be added to the agenda. Peterson stated that was, and would again be discussed at a work session. As no second was received, motion died for lack of a second. PROCLAMATIONS, PRESENTATIONS, RECOGNITION,ANNOUNCEMENTS, GUESTS A. Retirement-Marsha Tubbs Peterson stated that Marsh Tubbs is retiring after 28 years as the Columbia Heights Children's Librarian. He read the history of her service. Peterson presented Marsha Tubbs with a plaque recognizing her years of service. Tubbs stated it was an honor to be an employee of the City of Columbia Heights and to be under the guidance of Rebecca Loader. Diehm personally thanked her on her behalf, and that of the Library Board and the Citizens of Columbia Heights. B. Global Academy—letters Schmitt stated she gave a presentation to the Global Academy fourth grade class. She shared excerpts from the packet of letters she received. Nawrocki stated that the MN Dept. of Transportation held a meeting on the TH 65 reconstruction that will begin in April and continue throughout the summer. He listed when sections of the roadway will be closed. Diehm stated that the Columbia Heights High School Drama Department will perform Guys and Dolls. She listed the performance dates and gave ticket information. Peterson stated that at noon on May 19th Ramsdell Park will be rededicated. CONSENT AGENDA Nawrocki requested to remove items A, C, E, F, and H for discussion. City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve City Council meeting minutes - removed B. Accept Minutes of the Boards and Commissions 14 City Council Minutes Monday,April 23,2012 Page 2 of 14 Motion to accept the March 7, 2012 Library Board meeting minutes. Motion to accept the unapproved April 2, 2012 Traffic Commission meeting minutes. Motion to accept the December 5, 2012 Traffic Commission meeting minutes. C. Establish a public hearing to consider alley lighting-removed D. Adopt Resolution 2012-047 to receive petition and order the preparation of a feasibility report for an alley improvement Motion to waive the reading of Resolution 2012-047, there being ample copies available to the public. Motion to adopt Resolution 2012-047 being a resolution receiving the petition and ordering preparation of a report for an alley improvement between Jackson and Van Buren Streets,north of 40th Avenue to approximately 300 feet. E. Adopt Resolution 2012-038, begin a Resolution authorizing acceptance of the Feasibility Report for the cleaning and lining of 3,920 lineal feet of water main(Under the City Of Minneapolis 2012 Program) City Project No. 1203 -removed F. Accept the Engineering Report for the Argonne sanitary sewer lift station, Municipal Project #1114, and order preparation of final plans and specifications-removed G. Authorize an agreement with the owner of 4347 Central Avenue to obtain MnDOT permit for construction of a private fire service line. Motion to authorize the Mayor and City Manager to enter into an agreement with the owner of 4347 Central Avenue to obtain a MnDOT permit for construction of a private fire service line within the MnDOT right-of-way for TH 65 (Central Avenue). H. Adopt Resolution 2012-046 being a resolution ordering preparation of a feasibility report for sidewalk on 43rd Avenue from Quincy Street to Central Avenue-removed I. Approve Business License Applications Motion to approve the items as listed on the business license agenda for April 23, 2012 as presented. J. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for April 23, 2012 in that they have met the requirements of the Property Maintenance Code. K. 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 143160 through 143316 in the amount of $532,889.71. Motion by Diehm, second by Schmitt, to approve the Consent Agenda items, with the exception of items A, C, E, F, H. Upon vote: All ayes. Motion carried. Nawrocki stated that the Library minutes referred to a change in the Strategic Plan. He requested a copy of the change. 15 City Council Minutes Monday,April 23,2012 Page 3 of 14 A. Approve City Council meeting minutes Nawrocki stated that his reference to not liking precious metal dealers was because it would take extra attention by the police department. Motion by Diehm, second by Williams, to approve the minutes of the April 9, 2012 Board of Equalization meeting and the minutes of the April 9, 2012 City Council meeting. Upon vote: All ayes. Motion carried. C. Establish a public hearing to consider alley lighting Motion by Diehm, second by Williams, to establish May 14, 2012 at 7:00 p.m. as a Public Hearing date for consideration of alley lighting between 4824 and 4828 5th Street. Nawrocki stated there are already lights there. Kevin Hansen, Public Works Director, referred to the map in the packet and indicated there are two lights there. This light was previously paid for by a private party that is no longer there. Eight area residents are requesting to pay for the lighting through a yearly assessment of$12 per property. Upon vote: All ayes. Motion carried. E. Adopt Resolution 2012-038,begin a Resolution authorizing acceptance of the Feasibility Report for the cleaning and lining of 3,920 lineal feet of water main(Under the City Of Minneapolis 2012 Program) City Project No. 1203 Motion by Diehm, second by Schmitt,to waive the reading of Resolution 2012-038, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution 2012-038 which accepting the Feasibility Report for the 2012 Water Main Cleaning and Lining Program and orders the Public Improvement for water main cleaning and lining of pipe totaling 3,920 lineal feet,under the City of Minneapolis Cleaning and Lining program for 2012. Nawrocki asked if this work would be assessed. Hansen stated this program was established in 2005. The method for cleaning and lining the main line is paid by the city. Necessary repairs for property owners would be assessed. He described the work needed to open and close the lines to do this. Any lines that are inoperable would require repair. Hansen described the notification process and the petition and waiver if the city is asked to do the repairs. Hansen described the locations of the 4,000 feet to be cleaned. Williams asked Hansen the program cost. Hansen stated the program averages $250,000 per year. City crews dig the access holes and complete the restoration work. This is a collaborative effort with the City of Minneapolis. Payment comes from the water fund, which is supported by the utility rates. This lining process adds from 30 to 50 years to the life of the pipe. Upon vote: All ayes. Motion carried. F. Accept the Engineering Report for the Argonne sanitary sewer lift station, Municipal Project #1114, and order preparation of final plans and specifications Motion by Diehm, second by Williams, to accept the Engineering Report for the Argonne Lift Station, City Project#1114, and order preparation of Final Plans and Specifications. Nawrocki questioned the cost for the 60 homes that would be affected and asked if we could add these homes to another line, such as St. Anthony? Hansen stated that was researched,but it was 16 City Council Minutes Monday,April 23,2012 Page 4 of 14 determined there was not a gravity line that would work to hook up to. Hansen stated this is paid out of utility funds. Upon vote: All ayes. Motion carried. H. Adopt Resolution 2012-046 being a resolution ordering preparation of a feasibility report for sidewalk on 43rd Avenue from Quincy Street to Central Avenue Motion by Williams, second by Schmitt, to waive the reading of Resolution 2012-046,there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution 2012-046, being a resolution ordering preparation of a report for a sidewalk on north side of 43rd Avenue NE between Quincy Street and Central Avenue, based on the recommendation of the Traffic Commission. Nawrocki asked what side of 43rd this is. Hansen stated it would be on the north side of 43rd Avenue, abutting the Rainbow shopping center. Nawrocki asked if this would be assessed. Hansen stated that current policy states abutting owners pay the assessment. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2012-41, 1214 44th Avenue N.E., 2012-42, 4542 7th Street N.E., 2012-43, 1113 Gould Avenue N.E., 2012-44, 4131 Jefferson Street N.E., and 2012-45, 1337-39 Circle Terrace Blvd. N.E. being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Resolution 2012-41 and 2012-45 removed. Fire Chief Gary Gorman listed specific violations for each rental license revocation request. Motion by Williams, second by Schmitt,to close the public hearing and to waive the reading of Resolution Numbers 2012-42, 43, and 44 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution Numbers 2012-42, 43, and 44 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. B. Approve suspension of Liquor License for Mr. BBQ at 4811 Central Ave NE Scott Clark, Community Development Director,requested a two day liquor license suspension for Mr. BBQ, as recommended by the Community Development and Police Departments. He reviewed the history of this property. Clark stated that our police and fire departments, and Allina Rescue were summoned to Mr. BBQ to deal with an intoxicated male that had fallen off a bar stool and had to be taken to the hospital. A breathalyzer was given and the injured party registered .336. Clark referenced the Minnesota drunk driving limit of.08%. His level was four times that amount. Based on the police report"the sales receipt showed the individual had purchase six drinks that were two for one, or equal to 12 drinks. The bartender has stated that he had seen the patron only have eight to ten drinks."The responsibility for the severe over-serving falls to the owner and there must be a penalty associated with the liquor license. We need to maintain a zero tolerance. This is an inexperienced owner, as far as handling liquor and employee training. We may need to determine if this is a restaurant serving liquor or a bar serving food. 17 City Council Minutes Monday,April 23,2012 Page 5of14 Clark also referenced a dance party held at Mr. BBQ, which is not part of this suspension, but is also a concern as there have been problems with these parties in other cities, including the City of Minneapolis. The owner did bring in security for the party, along with our Police Department bringing in three overtime officers. This individual is opening a sister project in Brooklyn Center that is scheduling another event. Staff is concerned that the owner does not understand the value of the liquor license. Nawrocki referenced the family atmosphere of this business at the prior location, and stated that he was saddened at the level of noise in the new location. He is glad that our departments are on top of the operation and do what is necessary to deal with this. Ted Wulepski, St. Paul, stated he has been working with Mohamed Shambolia, who is new to the industry, and he indicated there would be no more promotional events. There was additional security brought in for the event, without incident. The intent is to make this establishment family dining with R&B music. Wulepski indicated that the drinker referred to was found to have consumed on his own in the parking lot. Diehm asked if there is a difference in the cover charge by colors (motorcycle jacket). Wulepski stated there are no colors in his club. Sidney Winebrenner spoke, stating that he was the person that fell off the chair,but he did not hold the bar responsible. He stated he was drinking from his own bottle that night and he was also on very strong narcotic prescription medication. Mohamed Shambolia, Mr. BBQ owner,referred to the promotional event, which he did on short notice as a favor. He made sure there were no problems at the event. Regarding the overdrinking, Shambolia stated that the patron was present for over six hours and was served six drinks that were not doubles. He stated that he does train staff regarding serving. The Brooklyn Center event has been cancelled. Diehm asked how many establishments he has an interest in?He stated he owns Mr. BBQ, the hot dog place on Central Avenue, and the Brooklyn Center business. Diehm asked if he had gone through the alcohol serving program. Shambolia stated that his bartenders go through the course. Diehm asked if there are policies in place for people that over serve. Shambolia stated the bartender was fired. Diehm referred to a past article that indicated he was associated with a business in Anoka. Shambolia indicated he was involved with a business in Maple Wood. Diehm indicated that the responsibility of holding a liquor license in Columbia Heights is taken very seriously. She stated she is in favor of the staff recommendation. We do not have a tolerance for these issues. Shambolia asked that the suspension not be on a weekend. Captain Lenny Austin distributed to Council members a copy of the police report on the over drinking issue. The report does not address drinking outside of the establishment,but addresses the receipt for six two-for-one drinks received and the bartender's statement that he saw this person consume between eight to ten drinks. The patron's blood alcohol level was .336. Jim Hoeft, City Attorney, stated that items, other than the alcohol issue, discussed are irrelevant. The potential liquor suspension is because of the over-serving incident. There are two avenues pursued when this type of violation occurs: 1. Criminal citation for the act—being the bartender and 2. The civil action is for the licenser action to the owner of the establishment for being responsible for the employees of the establishment. It is important to note that under the statute it is not only for over-serving, but for recognizing patrons that have already consumed too much alcohol or are in an impaired condition,whether by alcohol and/or drugs and should not be served any additional alcohol. While the comments by the bartender and the receipt are relevant, 18 City Council Minutes Monday,April 23,2012 Page 6 of 14 the bar does not have to serve a person that is recognized as impaired because they have an obligation to not serve that person at all. The facts in the report indicated that this person fell off the bar stool and his blood alcohol level was .336. Someone with this level should be recognized by the bartender as someone that should not be served. Peterson questioned how the suspension dates were arrived at. Hoeft stated that staff chose the weekend to show the significance of the issue. Schmitt asked if the bartender was familiar with this patron. Shambolia stated that the patron looked OK and his drinks were not two-for-one. Fehst questioned if the bartender that stated the patron had eight to ten drinks has been fired. Shambolia stated yes. Hoeft stated that the blood alcohol levels need to be put in perspective and referred to the DWI levels and the legal consequences. Hoeft stated that a patron was in this establishment and was served with a blood alcohol level of.336. Shambolia asked that the suspension not be given on the weekend. Peterson stated that this level of blood alcohol content in a patron would be visible. Nawrocki indicated that the patron should find a program to help with his problem.Nawrocki felt that a two day suspension was too lenient. Motion by Nawrocki, second by Williams, to suspend the liquor license issued to Mohamed Shambolia, on behalf of Mr. BBQ located at 4811 Central Avenue NE. The suspension shall be effective for the entire business day Friday, May 4th and Saturday, May 5th, 2012. Schmitt asked if this suspension is typical of past incidents. Hoeft stated he was not comfortable in making a generalization, as each situation is different. He stated that in his service he has never seen a level of consumption such as this. Diehm asked, based on our City Code, if this is authorized. Hoeft stated it is authorized by our Code, whether appropriate is a policy decision. There have been suspensions for longer periods. Legally there is a basis for doing this and you have a basis for a two day suspension. Motion to amend by Schmitt, second by Peterson,to amend the suspension days to Thursday and Friday. Diehm indicated support of the original motion.Nawrocki spoke against the motion to amend. The suspension should be longer. Peterson stated that allowing one busy day back would be a compromise. Diehm again spoke against the amendment, as staff made the recommendation. Williams stated that the owner needs to take responsibility for these actions. Upon vote of the motion to amendment: Schmitt, aye; Williams, nay; Diehm, nay;Nawrocki, nay; Peterson, aye. 2 ayes—3 nays. Motion to amend failed. Upon vote of the original motion: Schmitt, aye; Williams, aye; Diehm, aye,Nawrocki, aye Peterson, 5 ayes. Motion carried. Fehst asked if this was Mr. Shambolia's first business with a liquor license. Shambolia stated yes. Fehst indicated that the manager runs a good business and we are pro-business here. Fehst. spoke of looking at good business examples. Shambolia stated his regret for the two incidents, which happened so close together. 19 City Council Minutes Monday,April 23,2012 Page 7 of 14 ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 2nd Reading of Ordinance 1606,being a Zoning Amendment as it Relates to Precious Metal Dealers. Motion by Williams, second by Nawrocki, to waive the reading of Ordinance No. 1606, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to adopt Ordinance No. 1606,being an ordinance amending Ordinance No. 1490 City Code of 2005, relating to precious metal dealers within the City of Columbia Heights. Schmitt referred to a clerical error in the first draft of the Ordinance, 9.107—c 38 —line D that is missing the letter"T". Williams stated that he collects coins. Any business can be crooked, but this is a business of the 21'century and it is a precious commodity. It would be an honor to have a dealer in our community. Upon vote: All ayes. Motion carried. B. Bid Considerations 1. Adopt Resolution 2012-039,being a resolution accepting bids and awarding the 2012 Miscellaneous Concrete Repairs and Installations, City Project 1200 Motion by Schmitt, second by Williams, to waive the reading of Resolution 2012-039, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Schmitt, second by Williams, to adopt Resolution 2012-039 being a Resolution accepting bids and awarding the 2012 Miscellaneous Concrete Repairs and Installations, City Project No. 1200, to Ron Kassa Construction, Inc.,based upon their low, qualified, responsible bid in the amount of$51,611.90 with funds to be appropriated from Fund 212-51200-4000; and, furthermore,to authorize the Mayor and City Manager to enter into a contract for the same. Hansen stated this is the annual concrete program. Two bids were received. The low bid is less than one percent over the 2011 contract. He listed the various types of concrete work to be included in the program. Upon vote: All ayes. Motion carried. 2. Adopt Resolution No. 2012-040, being a resolution accepting bids and awarding a contract for the 2012 Street Rehabilitation project Motion by Diehm, second by Williams, to waive the reading of Resolution 2012-040,there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2012-040 being a resolution accepting bids and awarding the 2012 Street Rehabilitation, City Project No. 1202 including Alternate 1 for unit priced residential driveway construction, Alternate 2A for water main extension to the MSC yard,Alternate 2C for bituminous paving in the MSC yard; and Hart Boulevard Walk, City Project No. 1110, contingent on award of DNR grant, to Bituminous Roadways of Mendota Heights, Minnesota based upon their low, qualified responsible bid in the amount of$485,360 with funds to be appropriated from Fund 415-51202-5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 20 City Council Minutes Monday,April 23,2012 Page 8 of 14 Nawrocki asked if this is Zone 7 work, with additional work added. Hansen indicated other areas included in the project: Hart Trail(if DNR funding is approved), 50th Avenue turn lane, and the 50th Avenue sidewalk(which Aldi's will pay for), Grandview lots, and miscellaneous storm sewer work,with alternates for paving in the rear Public Works lot, a hydrant, and driveway work. Schmitt stated that we have already spent funds on Hart Boulevard and there is another bill in the list for the same company. Are they both for Hart Boulevard? Hansen stated they are not. Nawrocki stated that originally,parking was to be removed from Hart Boulevard. Hansen stated that the parking will remain the same. Upon vote: All ayes. Motion carried. 3. Accept bids for the replacement of the HVAC boiler system at City Hall and contract award Motion by Schmitt, second by Diehm, to accept the bids and award the City Hall Boiler System, City Project No. 1207, to Horwitz NS\I of New Hope, Minnesota based upon their low, qualified responsible bid in the amount of$158,280 including Alternate 1, with funds to be appropriated from Fund 411-51207-5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Hansen stated that Council authorized staff to seek boiler system bids. Three bids were obtained. Hansen gave the history of this process and the other boilers that have been replaced. The bids received were higher than anticipated. There was only a$4,000 separation in the bids, so the bidding was competitive. The city hall boilers would require asbestos removal,bringing the total cost to $166,000, which is $26,000 over budget. The boiler is a 1966 model and has been giving us problems the last several years. If city hall remains in this building for more than five years, the replacement would be cost effective. Nawrocki asked if a new library and city hall were approved, would this waste money. Fehst stated that the labor would be wasted. There is value in the increased efficiency. He referred to the current efficiency compared to that of new models. It would be impossible to get new parts for the current boiler. Fehst indicated other possible uses for this location. Fehst stated that this building is scrap and would not be saleable. It is a judgment call by Council. Nawrocki asked if there was a determination made of the difference in fuel costs. Hansen stated that the current boiler's efficiency is 60% and the new one would be up 97% efficiency. Nawrocki asked for the current fuel costs for this building. Hansen stated he does not have this information. Schmitt asked if there are rebates available. Hansen stated there are rebates available between $8,000 and $10,000. Schmitt questioned the amount of boilers. Hansen referred to the engineering report and stated that the three boiler system would cycle between units for efficiency. Upon vote: All ayes. Motion carried. C. New Business and Reports - none ADMINISTRATIVE REPORTS 21 City Council Minutes Monday,April 23,2012 Page 9 of 14 Report of the City Manager Fehst stated that the Public Safety building sponsored an event for the Columbia Heights Boosters. Over 250 people attended, raising over$1,700. Fehst read a green sheet article about Officer Pikala and a high chase pursuit, which he called off to avoid danger to the public. The person was apprehended the next day. Fehst complimented Pikala. He also referred to the pursuit at 39th and Hart Lake, where the person was ejected from the stolen vehicle and died. Our officers and staff did try to revive him. The Heights Happenings draft was distributed to Council members tonight. There will still be amendments. Fehst referred to the Adopt-A-Park program. We would ask that groups adopt a park during the three summer months. We would allow up to two agencies to adopt a single park. Nawrocki questioned when the burned building at the NE corner of 40th and University would be removed. Fehst stated they have received a permit for demolition, but have not yet decided what will replace the building. Nawrocki commented that sometimes the wording on the new electronic sign is hard to read. Fehst stated that several signs were removed to make it more visible. At some point, we may be able to move it.Nawrocki stated that the dumpster at the shopping center on University Avenue is overflowing. Nawrocki again indicated that we need to get a bus shelter for 37th and Central Avenue. This should be discussed with the developer. Peterson suggested we ask if a used shelter is available. Williams reminded the public of the Community Prayer Breakfast on May 9th to be held at Murzyn Hall. Report of the City Attorney—nothing to report Peterson stated that the Columbia Heights Activity Fund received a $1,000 check from the MN Youth Athletic Association. They sell pull tabs at Columbia Grill. Fehst stated that the Boosters annual banquet will be held this Wednesday night. He stated if anyone wishes to become involved, they can contact him or Recreation Director Keith Windshitl. The Athletic Boosters have donated over one million dollars to the City for recreational programs. Williams mentioned that the Boosters hold bingo games at Sarna's Restaurant. CITIZENS FORUM Roger Strom, 690 47 1/2 Avenue, stated he has an on-going tree issue that now needs removal. Hansen stated that this tree is on the list for removal. Mickey Rooney, 4304 Reservoir Blvd., referred to the"Rising to New Heights"committee of the past and asked if anyone would be interested in revitalizing this group. Fehst stated this was a good organization, but it needs good, aggressive people to work on it.Nawrocki asked if he will be the organizer. Rooney stated he would like to see younger people come forward. ADJOURNMENT Peterson asked that we not forget our service men and women that are protecting our freedom. Don't take ourselves too seriously and do a random act of kindness. Peterson adjourned the meeting at 9:24 p.m. Patricia Muscovitz CMC City Clerk 22 City Council Minutes Monday,April 23,2012 Page 10 of 14 RESOLUTION NO.2012-047 BEING A RESOLUTION RECEIVING PETITION AND ORDERING PREPARATION OF REPORT WHEREAS,a petition to improve the alley segment from 40th Avenue to approximately 300 feet north between Van Buren and Jackson Streets has been submitted to the City;and WHEREAS,the City Council intends to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes,Section 429.011 to 429.111 (Laws 1953,Chapter 398,as amended),and Section 103B.201 to 103B.251,as follows: Alley: 40th Avenue to approximately 300 feet north between Van Buren and Jackson Streets NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,MINNESOTA: 1. A certain petition requesting the improvement of the alley north of 40th Avenue to approximately 300 feet north between Van Buren and Jackson Streets,filed with the Council April 23,2012,is hereby declared to be signed by the required percentage of owners of property affected hereby.This declaration is made in conformity to Minn.Stat 429.035. 2. That the proposed improvements be referred to Mr.Kevin Hansen,City Engineer,for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary,cost effective,and feasible,and as to whether it should best be made as proposed or in connection with some other improvement,the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. RESOLUTION NO.2012-038 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE 2012 WATER MAIN CLEANING AND LINING PROGRAM AND ORDERING THE PUBLIC IMPROVEMENTS CITY PROJECT—NO. 1203 WHEREAS,the City Council has initiated a water main cleaning and lining program under the City of Minneapolis' annual cleaning and lining program,and WHEREAS,a report has been prepared by the Director of Public Works with reference to the 2012 Water Main Cleaning and Lining Program,and WHEREAS,the 2012 Water Main Cleaning and Lining Program includes the following main segments: • 5th Street,48th to 49th Avenue • 6th Street,515`to 53rd Avenue • 7th Street,51"to 53rd Avenue • 51St Avenue,6th to 7th Street • 53rd Avenue,5th to Washington Street • 38th Avenue,from the east to west side of University Avenue WHEREAS,the report provides information regarding whether the proposed project is feasible,necessary and cost effective,and Said report is hereby received by the City Council of Columbia Heights on April 23,2012. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,MINNESOTA 1. The Council will consider the improvement of such water mains in accordance with the report and the assessment of water services to abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes,Chapter 429 at an estimated total cost of the improvement of$37,500. 2. Such improvement is necessary,cost-effective,and feasible. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 23rd of April,2012 4. These improvements shall also be known as Project No. 1203 5. The City Engineer,Kevin Hansen,is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. RESOLUTION 2012-046 BEING A RESOLUTION ORDERING THE PREPARATION OF A FEASIBILITY REPORT FOR SIDEWALK ON THE NORTH SIDE OF 43RD AVENUE BETWEEN QUINCY STREET AND CENTRAL AVENUE 23 City Council Minutes Monday,April 23,2012 Page 11 of 14 WHEREAS,the Traffic Commission has recommended sidewalk be constructed on the north side of 43rd Avenue between Quincy Street and Central Avenue,and WHEREAS,the City Council intends to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes,Section 429.011 to 429.111 (Laws 1953,Chapter 398,as amended),and Section 103B.201 to 103B.251,as follows: 43RD AVENUE SIDEWALK,QUINCY STREET TO CENTRAL AVENUE NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,MINNESOTA that the proposed improvements be referred to Mr.Kevin Hansen,City Engineer,for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary,cost effective,and feasible,and as to whether it should best be made as proposed or in connection with some other improvement,the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. RESOLUTION 2012-42 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 Stacey Grosshausers (Hereinafter"License Holder"). Whereas,license holder is the legal owner of the real property located at 4542 7th 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 March 28,2012 of an public hearing to be held on March 26,2012. Now,therefore,in accordance with the foregoing,and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about February 21,2012 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on March 28,2012 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office,the following conditions and violations of the City's Residential Maintenance Code were found to exist,to-wit:Failure to schedule a rental property inspection and failure to submit a rental license application and fees. 4. That all parties,including the License Holder and any occupants or tenants,have been given the appropriate notice of this hearing according to the provisions of the City Code,Chapter 5A,Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U45427th 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 2012-43 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 Jerrod Lawrence(Hereinafter "License Holder"). Whereas,license holder is the legal owner of the real property located at 1113 Gould Avenue N.E.,Columbia Heights, Minnesota, Whereas,pursuant to City Code,Chapter 5A,Article IV,Section 5A.408(B),written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 21,2012 of an public hearing to be held on April 23,2012. 24 City Council Minutes Monday,April 23,2012 Page 12 of 14 Now,therefore,in accordance with the foregoing,and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about February 12,2012 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on March 21,2012 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office,the following conditions and violations of the City's Residential Maintenance Code were found to exist,to-wit:Failure to schedule a rental property inspection and failure to submit a rental license application and fees. 4. That all parties,including the License Holder and any occupants or tenants,have been given the appropriate notice of this hearing according to the provisions of the City Code,Chapter 5A,Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U1113 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 2012-44 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 Peter Sax(Hereinafter"License Holder"). Whereas,license holder is the legal owner of the real property located at 4131 Jefferson 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 April 2,2012 of an public hearing to be held on April 23,2012. Now,therefore,in accordance with the foregoing,and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about February 15,2012 inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on April 2,2012 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office,the following conditions and violations of the City's Residential Maintenance Code were found to exist,to-wit:Failure to submit renewal rental license application and fees 4. That all parties,including the License Holder and any occupants or tenants,have been given the appropriate notice of this hearing according to the provisions of the City Code,Chapter 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 F10826 is hereby revoked; 2.The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3.All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. ORDINANCE NO. 1606 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490,CITY CODE OF 2005 RELATING TO PRECIOUS METAL DEALERS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9,Article I,Section 9.103 of the Columbia Heights City Code,is proposed to include the following additions: §9.103 DEFINITIONS. 25 City Council Minutes Monday,April 23,2012 Page 13 of 14 For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. PAWNBROKER. A person who loans money on deposit or pledge of personal property or other valuable items or who deals in the purchasing of personal property or other valuable items on condition of selling the same back again at a stipulated price or who loans money secured by security interest on personal property or any part thereof. PAWNSHOP. A business establishment operated by a pawnbroker. PRECIOUS METALS. Gold,silver or platinum. PRECIOUS METALS DEALER. Any person,partnership or corporation, either as principal or agent, who engages in the business of buying or selling secondhand items containing precious metal, including but not limited to jewelry, watches, coins,eating utensils,candlesticks,decorative objects and ingots. PRECIOUS METALS DEALERSHIP. Any business establishment operated by a precious metals dealer. Chapter 9,Article I,Section 9.107(C)(14)(a)of the Columbia Heights City Code,is thereby amended to read as follows: §9.107 SPECIFIC DEVELOPMENT STANDARDS (C)Specific development standards. The following uses are subject to specific development standards: (14)Consignment/secondhand store. (a) Consignment/secondhand stores shall be identified as stores whose primary existence is derived from more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all existing consignment/secondhand stores,currency exchanges,pawnshops and precious metal dealerships. [(b)—(h)shall remain unchanged.] Chapter 9,Article I,Section 9.107(C)(15)(a)of the Columbia Heights City Code,is thereby amended to read as follows: §9.107 SPECIFIC DEVELOPMENT STANDARDS (C)Specific development standards. The following uses are subject to specific development standards: (15)Currency exchange. (a) The use shall be located at least 3,000 feet from all existing currency exchanges, consignment/secondhand stores,pawnshops and precious metal dealerships. [(b)—(e)shall remain unchanged.] Chapter 9,Article I, Section 9.107(C)(37)(a)of the Columbia Heights City Code,is thereby amended to read as follows: §9.107 SPECIFIC DEVELOPMENT STANDARDS (C)Specific development standards. The following uses are subject to specific development standards: (37) Pawnshop. (a) The use shall be located at least 3,000 feet from all existing pawnshops, currency exchanges, consignment/secondhand stores and precious metal dealerships. [(b)—(f)shall remain unchanged.] Chapter 9,Article I,Section 9.107(C)(38)of the Columbia Heights City Code,is proposed to include the following additions: §9.107 SPECIFIC DEVELOPMENT STANDARDS (C)Specific development standards. The following uses are subject to specific development standards: (38) Precious Metal Dealership (a) The use shall be located at least 3,000 feet from all existing precious metal dealerships, pawnshops, currency exchanges and consignment/secondhand stores. (b) The window and door area of any existing first floor façade along a public street or sidewalk shall not be reduced,nor shall changes be made to such windows and doors that block views into and out of the building at eye level. (c) For new construction, at least 30% of the first floor façade along a public street or sidewalk shall be windows or doors of clear or lightly-tinted glass that allows views into and out of the building at eye level. (d) The use of bars, chains, or similar security devices that are visible from a public street or sidewalk is prohibited. (e) All receipt,sorting and processing of goods shall occur within a completely enclosed building. [Current Sections 9.107(38)—(51)shall be renumbered accordingly] Chapter 9,Article I,Section 9.110(E)(3)of the Columbia Heights City Code,is proposed to include the following additions: §9.110 COMMERCIAL DISTRICTS 26 City Council Minutes Monday,April 23,2012 Page 14 of 14 (E) GB, General Business District (3) Conditional uses. Except as specifically limited herein,the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in§9.107,Specific Development Standards: (u) Precious metal dealerships. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. RESOLUTION 2012-039 RESOLUTION ACCEPTING BIDS AND AWARDING THE 2012 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS,CITY PROJECT 1200 WHEREAS,pursuant to an advertisement for bids for City Project No. 1200,Miscellaneous Concrete Repairs and Installations, bids were received,opened and tabulated according to law.The following bids were received complying with the advertisement: Bidder TOTAL Ron Kassa Contruction,Inc. $51,611.90 Twin City Outdoor Services $77,658.50 WHEREAS,it appears that Ron Kassa Construction,Inc.,6005 250th St E,Elko,Minnesota is the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,MINNESOTA: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Ron Kassa Construction,Inc.in the name of the City of Columbia Heights,for the 2012 Miscellaneous Concrete Repairs and Installations,City Project No. 1200,for a bid amount of$51,611.90 according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to return,forthwith,to all bidders,the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. City Project No. 1200 shall be funded with State Aid Maintenance Fund,General Fund,Park Fund,Street Fund, Sewer and Water Fund and PIR funds. RESOLUTION 2012-040 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ZONE 7 STREET REHABILITATION,CITY PROJECT NO. 1202 AND HART BOULEVARD WALK,CITY PROJECT NO. 1110 WHEREAS,pursuant to an advertisement for bids for City Project No. 1202,Street Rehabilitation Improvements,and Hart Boulevard Walk,three bids were received,opened and tabulated according to law.The following bids were received complying with the advertisement: Hart Blvd Bidder Base Bid Alt. 1 Alt.2A Alt.2B Alt.2C Alt.2D Walk Bituminous Roadways,Inc. $323,465.00 $3,840.00 $41,445.00 $24,975.00 $19,575.00 $47,710.00 $100,875.00 Hardrives,Inc. $333,193.46 $3,878.60 $37,076.99 $23,371.45 $21,049.81 $50,993.31 $104,805.98 Midwest Asphalt Corp. $370,905.50 $3,940.00 $43,900.00 $28,870.00 $24,532.00 $52,945.50 $107,892.00 WHEREAS,it appears that Bituminous Roadways,Inc., 1520 Commerce Drive,Mendota Heights,Minnesota 55120 is the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,MINNESOTA: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Bituminous Roadways,Inc.in the name of the City of Columbia Heights,for the 2012 Zone 7 Street Rehabilitation Improvements,City Project No. 1202 and Hart Boulevard Walk,City Project No. 1110 contingent upon receipt of DNR grant according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return,forthwith,to all bidders,the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project 1202 shall be funded with General Funds(Infrastructure and Assessments),Sanitary Sewer,Water and Storm Water Utility Construction Funds, State Aid Funds,and Central Garage Funds. City Project 1110 shall be funded with State Aid Funds and DNR grant. 27 Approved 5/2/2012 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES April 4,2012 The meeting was called to order by Chair Patricia Sowada,at 6:30 p.m. Members present were:Nancy Hoium, Steve Smith,Patricia Sowada,Barbara Tantanella, and Catherine Vesley.Also present: City Council Representative Tami Diehm,Becky Loader,and Stacey Hendren. The minutes of the March 7,2012 Board meeting were approved as mailed. The bill list dated 3/7/12 of 2012 bills was reviewed. It was moved, seconded,and passed that the bills be paid. The bill list dated 3/21/12 of 2012 bills was reviewed. It was moved, seconded,and passed that the bills be paid. The 2012 accounting dated 3/7/12 was reviewed. Old Business: 1. As of April 2nd, $806 had been collected during the Love Your Library project sponsored by the Friends. The Board will be notified of the final amount once it has been calculated. Undesignated funds will be divided and spent on remaining items from the request list. 2. The first meeting of the Library Task Force went very well. Dave Larson and Tricia Conway will serve as Chair and Vice-Chair. The Board discussed the organizational plans of the Library Task Force. New Business: 1. The Board reviewed the state version of the 2011 Annual Report. Though the report is a lot of work it provides several statistics that are useful. The Board highlighted the high resident library card statistic, Library hours, and square feet. Library staff is able to use this report as research for the Library Task Force. 2. The Board appreciated the thank you letter to Tom and Marsh Tubbs for their donation. 3. The Board received updated contact information for Board members. 4. The Board reviewed the Unique Management Status Report for February and was notified that there has been no change regarding the patron owing nearly$3000. 5. The February crossover statistics were reviewed by the Board. 6. The Mayor will be reading the National Library Week proclamation at the April 9th City Council Meeting. Board members were encouraged to attend to receive the proclamation. Tantanella will prepare a few words and statistics for the meeting. 7. The Library will host a reception for Marsha Tubbs on April 231-d in the Library Activity Room from 4-6. At 7 pm,Tubbs will be recognized by the City Council for her 28 years of service. Board members are encouraged to attend. 1 28 Items from the Floor: 1. The Board received copies of the approved strategic plan. 2. The Board received buttons to celebrate National Library Week. Vesley will hand out buttons at the City Council meeting. 3. The Board reviewed the newspaper publicity concerning the recent Hunger Games program. The Board discussed the success of the program and the book"Hunger Games." 4. Loader presented the bill for the Polish American Journal to Sowada enquiring whether the Sister Cities Committee would renew the subscription. There being no further business, the meeting was adjourned at 7:16 p.m. Respectfully submitted, Stacey R. Hendren Secretary,Library Board of Trustees The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services,programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 2 29 These minutes not approved. PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEEiiiNG, MAY 1,2012 7:00 PM The meeting was called to order at 7:15 pm by member Tracey Kinney. Commission Members present- Fiorendino,Peterson, and Kinney. Members Absent: Szurek and Thompson(Thompson's term has expired). Also present were Gary Peterson(Council Liaison), Jeff Sargent(City Planner), and Shelley Hanson (Secretary). Motion by Fiorendino, seconded by Peterson, to approve the minutes from the meeting of April 3, 2012. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2012-0501 APPLICANT: Renaissance Fireworks LOCATION: 4300 Central Avenue REQUEST: Interim Use Permit-Fireworks Tent Sargent explained that Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the operation of a fireworks tent at 4300 Central Avenue. Specific development standards for an outdoor sales/display establishment are found at Section 9.107 (C)(20), and will be added as conditions of approval for this peouit. This will be the Renaissance's 8th year operating a fireworks tent in Columbia Heights and the first at this location. The attached site plan illustrates the configuration and orientation of the fireworks tent to Central Avenue. The plans will have to meet all applicable Fire Code regulations prior to operation. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. ZONING ORDINANCE The zoning classification for this property located at 4300 Central Avenue is GB, General Business District. Fireworks tents are allowed as Interim Uses in this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 144,900-square foot commercial building is required to have 483 parking spaces. The proposed fireworks tent will occupy 15 parking stalls. After subtracting 30 parking spaces for the Linder's Greenhouses,the site still has 583 parking spaces. Furthermore,with the 30 P &Z Minutes Page 2 May 1, 2012 location of the display area on the opposite side of the parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines seven findings of fact that must be met in order for the City to grant an interim use permit. They are as follows: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. Fireworks tents are an Interim Use in the 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 designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. The proposed temporary use should not have any detrimental impact on neighboring properties because of its proximity to Central Avenue and because it is shielded from adjacent residential uses. 4. The use will not substantially diminish the use of property in the immediate vicinity. The fireworks tent as proposed will have no impact on the use of adjacent properties. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The fire department will conduct an on-site survey prior to the business opening. All state requirements regarding fireworks sales will be complied with before the fire department will allow the operation of the business. 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The traffic generated by the fireworks tent will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the fireworks tent should not have a negative impact on other uses in the immediate vicinity. 31 P &Z Minutes Page 3 May 1, 2012 Staff recommends that the Planning Commission approve the Interim Use Permit for a fireworks tent subject to conditions of approval outlined in the motion which Sargent reviewed with members. Questions from Members: Fiorendino asked if traffic along 44th Avenue or Central Avenue would have any impact on the tent structure. Sargent said the tent structure would be pretty secluded in the corner and due to the topography of the site would not be impacted by walking or vehicular traffic. Fiorendino then asked if the City has ever had any problems with this company in prior years. Sargent explained the only complaint he has previously received has been too many banners/signs used to advertise their goods. He said this has been addressed in the conditions attached to the approval of the Interim Use Permit. Kinney asked when the sales tent would be installed. Sargent said they are allowed to operate for 90 days, but generally they are only located there from early June through mid July. Public Hearing Opened. No one was present on this issue. Public Hearing Closed. Motion by Peterson, seconded by Fiorendino, to waive the reading of Resolution No. 2012-PZ02, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Peterson, seconded by Fiorendino, to adopt Resolution No. 2012-PZ02, being a resolution approving an Interim Use Permit to allow Renaissance Fireworks to operate a fireworks tent located at 4300 Central Avenue NE, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents located within the public right-of-way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. S. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential properties. 7. The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. 8. Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty-two (32) square feet. All Ayes. MOTION PASSED. 32 P &Z Minutes Page 4 May 1, 2012 RESOLUTION NO.2012-PZO2 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN INTERIM USE PERMIT FOR RENAISSANCE FIREWORKS WITHIN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA WHEREAS, a proposal (Case #2012-0501) has been submitted by Renaissance Fireworks to the Planning and Zoning Commission requesting an Interim Use Permit approval from the City of Columbia Heights at the following site: ADDRESS: 4300 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for a fireworks tent and sale,per Code Section 9.110(E)(4)(a). WHEREAS,the Planning Commission has held a public hearing as required by the city Zoning Code on May 1, 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 public streets and to provide for appropriate on-site circulation of traffic. 7. The use will not cause a negative cuinulative 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. 33 P&Z Minutes Page 5 May 1,2012 CONDITIONS ATTACHED: 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents located within the public right-of-way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. 5. All goods shall be displayed in an orderly fashion,with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential properties. 7. The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. 8. Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty-two(32)square feet. Passed this 1st day of May 2012, Offered by: Peterson Seconded by: Fiorendino Roll Call: All Ayes VICE CHAIR Attest: SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Mark Lazarchic Date CASE NUMBER: 2012-0502 APPLICANT: Casto Vazquez LOCATION: 3841 —3rd Street NE REQUEST: Conditional Use Permit for Outdoor Storage Sargent told members that the applicant, Casto Vazquez, has recently purchased the property at 3841 —3rd Street and currently runs his roofing business from there. As part of his operations, he stores palettes of shingles on site. Staff was called out to the property based on a complaint that the palettes of shingles were being stored on site in plain view. When it was determined that the property was being used improperly for outdoor storage of materials, Staff contacted Mr. Vazquez and informed him that a Conditional Use Permit (CUP) would be required and that all storage materials would need to be stored behind a fence in the rear of the property. He has since moved the materials inside. Only trailers and equipment remain stored outside. 34 P &Z Minutes Page 6 May 1,2012 At this time, the applicant is requesting a Conditional Use Permit for outdoor storage per Code Section 9.111 (D)(3)(c). COMPREHENSIVE PLAN The property is guided for Industrial use. The outdoor storage of materials in conjunction with the use of the property is consistent with the intent of the Comprehensive Plan. ZONING ORDINANCE The property is zoned I-1, Light Industrial, as are the properties to the south. The properties to the north are zoned GB, General Business, the properties to the west are zoned R-3, Multiple Family Residential, and the properties to the east are zoned MXD,Mixed Use Development. Outdoor storage of materials is specifically listed as a Conditional Use in the I-1, Light Industrial District. However, upon inspection of the property, it was determined that some upgrades would be needed in order for the property to comply with the minimum development standards for properties utilizing outdoor storage, including: 1. The perimeter fence appeared to be six feet in height, but was not a minimum of 80% opaque in all areas, especially along the south property line. 2. The area used for the outdoor storage of materials was not hard surfaced. Sargent shared pictures of the site with the members. The applicant stated that he would store all the palettes of shingles in the two on-site buildings but would need to store some materials outdoors when sorting through the inventory or accepting new inventory on a daily basis. A subsequent inspection of the property revealed that all shingles previously stored outdoors had been placed in the buildings. Aside from the shingles, there were other materials stored outdoors that would require the CUP. 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. Outdoor storage is specifically listed as an acceptable Conditional Use in the I-1, Light Industrial District. 35 P&Z Minutes Page 7 May 1,2012 (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The property is guided for Industrial use. The outdoor storage of materials in conjunction with the use of the property is consistent with the intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. If properly screened from neighboring properties, the proposed use should not cause an hazards or disturbing influences on neighboring properties. (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. The use will be subject to the Specific Development Standards as outlined in the Zoning Code for outdoor storage. (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. 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 for outdoor storage for the property located at 3841 —3rd Street NE with the conditions noted in the motion which Sargent reviewed with members. 36 P &Z Minutes Page 8 May 1,2012 Questions from Members: Fiorendino asked whether the applicant will need to have a Site Plan approval for hard surfacing the grassy area on the south side of the property. Sargent told him that would not be necessary since the approval of the CUP basically does the same thing by making sure requirements are met. Peterson said there is a different mix of businesses, property uses, and lot shapes along that street. He wondered if other properties could be required to come into compliance with these same guidelines. Sargent said we can't proactively make them comply with new requirements if they have been operating a business there for a number of years. If there is a change of use in the property then we can bring new businesses into compliance on issues such as this. Peterson noted that he saw many issues on the residential side of the street that should be checked for possible violations of our property maintenance code. Sargent explained the code enforcement process and that the Fire Department usually handles these matters. He said he would pass this information along to them. Kinney asked if a fence had to go around the whole property. Sargent told her it has to go around any storage areas, and that a 6 foot high fence that is at least 80% opaque would be required. He also explained that trailers or any equipment needing a license are considered to be vehicles and can be parked on the hard surfaced parking lot. Other equipment and pallets must be stored in the fenced in area. Public Hearing Opened. Sean O'Brien from Bridge Machining located at 3825 3rd Street has been operating in Columbia Heights since 1999. As a neighboring business, he stated that Mr. Vazquez has cleaned up the property since taking it over and he is in favor of him being granted the CUP. Public Hearing Closed. Motion by Fiorendino, seconded by Peterson, that the Planning Commission recommends that the City Council approve the Conditional Use Permit for outdoor storage for the property located at 3841 —3' Street NE, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 37 P &Z Minutes Page 9 May 1,2012 1. The outdoor storage area shall be accessory to a commercial or industrial use. 2. Outdoor storage within the public right of way is prohibited. 3. All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. 4. Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure. S. The storage area shall be fenced and screened from adjacent uses and the public right- of-way. Required screening shall consist of a fence, wall, earth berming and/or vegetation no less than six feet in height and no less than 80% opaque on a year-round basis. 6. All goods, materials and equipment shall be stored on an impervious surface. 7. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed 8. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided 9. The applicant shall stripe the parking area in front of the business in accordance with the minimum requirements of the Zoning Code. The applicant shall store no more vehicles or trailers in the parking lot area than the number of parking spaces provided. All ayes. MOTION PASSED. The following Resolution will go to the City Council May 14, 2012. RESOLUTION NO.XXXX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR CASTO VAZQUEZ C.TO ALLOW OUTDOOR STORAGE AT 3841—3RD ST NE IN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA WHEREAS,a proposal(Case#2012-0502)has been submitted by Casto Vazquez C. to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3841 —3rd Street NE University Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.111 (D)(3)(c), to allow outdoor storage of materials in the I-1, Light Industrial District at the property located at 3841—3rd Street NE. WHEREAS,the Planning Commission has held a public hearing as required by the city Zoning Code on May 1, 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 38 P &Z Minutes Page 10 May 1, 2012 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 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). CASE NUMBER: 2012-0503 APPLICANT: Millie's Dream/Millie Kewatt LOCATION: 81 —38th Avenue NE REQUEST: 4.5-foot Side Yard Setback Variance for Parking Sargent told members that at this time, the applicant is requesting a 4.5-foot side yard setback variance for a parking lot, per Code Section 9.111 (C). The City's Zoning Code requires that all parking lots in the I-1, Light Industrial District be no closer than 5 feet from the side property line. Due to dimensional constraints on the property, the applicant is placing the proposed parking lot 0.5 feet from the side property line, thus requiring a 4.5-foot side yard setback variance. 39 P&Z Minutes Page 11 May 1,2012 It should be noted that a vacation of the existing California Street right-of-way was conducted in the 1990s. The result of the vacation gave an additional 30 feet of land to the subject property. Upon review of the area, it was discovered that there are some city utilities along the right-of- way, but they are buried deep enough to accommodate the construction of a parking lot. ZONING ORDINANCE The property at 81 — 38th Avenue is zoned I-1, Light Industrial, as are the properties to the west and south. The properties to the east are zoned R-3, Multiple Family Residential, and the property to the north is zoned PO,Public and Open Space(Lomianki Park). The applicant will be utilizing the building for office and warehousing. The City Code requires 1 parking stall for each 300 square feet of office space and 1 parking stall for each 3,000 square feet of warehousing. The building has 1,500 square feet of office and 4,500 square feet of warehouse, requiring 7 parking stalls. Currently, the property utilizes approximately 11 parking stalls along the south side of the building, all of which are legally non-conforming for setbacks. The applicant would like to accommodate more parking on the property by constructing a 6-stall parking lot along the west side of the building. City Code requires parking areas to be no closer than 20 feet from the front property line, and 5 feet from the side and rear property lines. The parking stalls need to be a minimum of 9 feet wide and 18 feet deep when abutting a curb, and the drive aisle width to access the parking stalls can be no less than 24 feet in width. The applicant originally wanted to have a 7-car parking lot, but was told that additional setback variances would be needed because of the space constraint on the property. When the plans were revised, it was noted that the drive aisle width would push the parking lot area to within 0.5 feet from the side property line. Sargent reviewed pictures of the site with members during his presentation. He said neighboring properties (RR and City Park land) are not affected by this request. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as industrial. A variance to allow more parking to accommodate an existing use is consistent with the intent of the Comprehensive Plan. FINDINGS OF FACT(Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 40 P &Z Minutes Page 12 May 1, 2012 More parking is needed on the property in order to suffice the business. The only location where a parking lot may be located is not large enough to support the dimensional criteria for parking stalls and a drive aisle. The applicant is proposing to use the property in a reasonable manner, but is required to first receive a variance to do so. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The conditions upon which the variance is based are a function of the placement of the building on the property in relation to the property lines. While this might not be a specifically unique situation in the City, this is not an occurrence that happens often on industrially zoned parcels. c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. The provisions of the Code require a certain dimensional criteria for parking spaces and drive aisle widths. In order to comply with these requirements, the parking lot had to be shifted towards the side property line. For this reason, the provisions of the Code caused the practical difficulties in this matter. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area as industrial. A variance to allow more parking to accommodate an existing use is consistent with the intent of the Comprehensive Plan. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The proposed placement of the parking lot is next to a City park and unused property. In no way would the use of the parking lot be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property in the vicinity. Staff recommends approval of the 4.5-foot side yard setback variance for the construction of a parking lot because the practical difficulties surrounding the property justify the proposed location of the parking area. 41 P&Z Minutes Page 13 May 1,2012 Questions by members: Fiorendino questioned whether the walking path along the west property line is maintained by the City or part of the Park. Sargent said it is not. Peterson said the building to the south of this property has a paved area on the west side of their building also, so he doesn't see any problem with allowing the same for this property. Kinney asked whether the garage on the east side of the building would be impacted with this request, or if the character of the Park property would change at all. Sargent said it would not. Fiorendino asked if there is a requirement to install fencing or screening between Parkland and Industrial sites. Sargent said there is no requirement in our Ordinances for that. Public Hearing Opened. Terry O'Brien from 3810 Main Street asked if Challenge Machining would continue on in this building in conjunction with Kewatt's new business. Kewatt told him that Challenge would be vacating the site and that she would be using the building for her accounting business. She said she needs approximately 20 spaces to allow for adequate parking for her preparers, clerical staff, and customers. Mr. O'Brien had no problem with the addition of parking on the west side of the building. Fiorendino asked if she would still be allowed to use the non-conforming parking spaces along the south side of the building. Sargent said she will be allowed to continue using the existing parking area as well as the new area, bringing her close to the number she needs. Public Hearing Closed. Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommends that the City Council approve the 4.S foot side yard setback variance for a parking lot, per Code Section 9.111 (C) of the City Code, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The applicant shall agree to remove any portion of the driveway at the owner's expense in the event that the City would need to gain access to the utility and drainage easement on which the driveway is located. All ayes. MOTION PASSED. 42 P&Z Minutes Page 14 May 1,2012 RESOLUTION NO.2012-300C RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR MILLIE KEWATT WHEREAS, a proposal (Case # 2012-0503) has been submitted by Millie Kewatt to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 81 —38th Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 4.5-foot side yard setback variance for parking per Code Section 9.111 (C). WHEREAS,the Planning Commission has held a public hearing as required by the City Zoning Code on December May 1,2012; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, 'THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment,use,development or value of property or improvements in the vicinity. FURTHER,BE IT RESOLVED,that the attached plans,maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. 43 P&Z Minutes Page 16 May 1,2012 CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The applicant shall agree to remove any portion of the driveway at the owner's expense in the event that the City would need to gain access to the utility and drainage easement on which the driveway is located. CASE NUMBER: 2012-0504 APPLICANT: Highland Elementary School/MLA Architects LOCATION: 1500—49`x'Avenue NE REQUEST: Site Plan Approval At this time, MLA Architects is applying for a Site Plan Review for the construction of a 9,200 square foot addition onto the Highland Elementary School located at 1500 — 49th Avenue NE. The proposed addition will accommodate five new kindergarten classrooms and one new pre-K classroom, each with its own bathroom facilities. The existing kindergarten rooms will be remodeled into Art and Science rooms in a future remodel,perhaps as soon as next year. COMPREHENSIVE PLAN The Comprehensive Plan guides the property as Institutional. Schools are the types of uses consistent with institutional uses, and for that reason,the proposed addition is consistent with the Comprehensive Plan. ZONING ORDINANCE The property located at 1500 — 49th Avenue is zoned R-1, Single Family Residential, as are the properties to the north and east. The properties to the west are zoned R-2A and R-2B, One and Two Family Residential. The properties to the south are zoned R-3, Multiple Family Residential. PARKING. Elementary schools are required to have 10 parking stalls plus 1 parking stall for each classroom. Including the proposed addition,the school will have 29 classrooms,requiring a total of 39 on-site parking stalls. The submitted site plan indicates that there are currently 77 parking stalls on site. For this reason, there are no plans for additional parking, as the property meets the minimum requirements. BUILDING MATERIALS. MLA Architects expressed the importance of maintaining the architecture of the existing building through the construction of the proposed addition. With that said, the building materials used on the addition will include brick, metal coping and aluminum frames and sills, all matching existing colors and styles. 44 P & Z Minutes Page 16 May 1,2012 STORMWATER MANAGEMENT. The proposed 9,200 square foot addition will not trigger the need for additional stormwater management on the property. As part of the proposal, approximately 50,000 square feet of bituminous will be removed from the property. When the addition is completed, the remaining 40,800 square feet of removed bituminous will be converted to green space. This will help with rainwater runoff and stormwater management on the property. 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 and building material requirements pertaining to the Zoning Code. b) The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan guides the property as Institutional. Schools are the types of uses consistent with institutional uses, and for that reason, the proposed addition is consistent with the Comprehensive Plan. 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. Also, the proposed addition will be located on the rear of the existing structure, away from neighboring residential properties. For this reason, there will be no adverse impacts on property in the immediate vicinity or the public right-of- way. Staff recommends approval of the proposed site plan, as it is consistent with the Comprehensive Plan and the Zoning. Questions by members: Fiorendino asked if removal of the existing pavement area will require any special clean up or permits. Sargent said it will be disposed of properly as part of the construction process. Bituminous materials are not generally considered hazardous,and are often times recycled. 45 P &Z Minutes Page 18 May 1,2012 Peterson thought it was a great plan and appreciated the fact that the Kindergarten rooms, family center, and playground would all be located near each other. Sargent commented that the layout of the new space included bathrooms facilities in each room which is advantageous for younger children. Public Hearing Opened. No one was present to speak on this issue. Public Hearing Closed. Motion by Fiorendino, seconded by Peterson, to waive the reading of Resolution No. 2012-PZ03, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Fiorendino, seconded by Peterson, to adopt Resolution No. 2012-PZ03, being a resolution approving a site plan for the construction of an addition to the Highland Elementary School located at 1500—49th Avenue NE, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. All ayes. MOTION PASSED. RESOLUTION NO.2012-PZ03 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF AN ADDITION TO HIGHLAND ELEMENTARY SCHOOL WITHIN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA WHEREAS, a proposal (Case#2012-0504)has been submitted by MLA Architects, to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 1500—49th Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a 9,200 square foot addition to Highland Elementary School located at 1500 — 49`h Avenue NE. 46 P&Z Minutes Page 18 May 1,2012 WHEREAS,the Planning Commission has held a public hearing as required by the city Zoning Code on May 1,2012; 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 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: 1. All application materials, maps, drawings and descriptive information shall become part of the permit. Passed this 1st day of May, 2012, Offered by: Fiorendino Seconded by: Peterson Roll Call: All ayes Vice Chair Attest: SECRETARY, Shelley Hanson 47 P&Z Minutes Page 19 May 1,2012 NEW BUSINESS None OTHER BUSINESS Sargent told members that the first meeting for the Community Development Steering Committee was scheduled for May 2, 2012. They will begin by looking at the Sign Code and Design Guidelines to see if they should be updated/changed due to the number of deviations that have been requested during the last couple of years. The Committee comprised of business owners, residents, a Planning & Zoning coma ission member and a Council member will serve as a sounding board to make sure any policies and Ordinances make sense. The meeting was adjourned at 8:23 pm. Respectfully submitted, Shelley Hanson Secretary 48 ECONOMIC DEVELOPMENT AUTHORITY(EDA) MINUTES OF THE MEETING OF APRIL 2, 2012 IN CONFERENCE ROOM 1 The meeting was called to order at 6:30 pm by Chair Peterson. Members Present: Bruce Nawrocki, Gary Peterson, Donna Schmitt,Bobby Williams, Gerry Herringer, and Tammera Diehm. Members Absent: Marlaine Szurek Staff Present: Walt Fehst, Scott Clark, Sheila Cartney, and Shelley Hanson. Gerry Herringer took the Oath of Office for another term as a Commission member. 2. PLEDGE OF ALLEGIANCE- RECITED 3. CONSENT ITEMS 1. Approve the Minutes from February 6, 2012. 2. Approve the Financial Report and Payment of Bills for January and February, 2012 on Resolution 2012-04. Questions from members: Nawrocki asked whether staff had obtained a legal opinion on matters of conduct regarding new business as stated on page 3 of the minutes. Clark told him we would have that opinion for him at the next meeting. Nawrocki questioned several payments made in January and February. Cartney told him those were payments made for the Rehab Incentive Rebate Program. He then questioned a revenue amount of$20,000 from Anoka County. Cartney explained that is the amount that was allocated for a matching grant to GMHC for rehabbing a home in the scattered site district. The address is yet to be determined. Herringer questioned a payment made in February for$4,726. Cartney explained that was for a Deferred Loan application. Motion by Williams, seconded by Schmitt, to waive the reading of Resolution 2012-04, there being an ample amount of copies available to the public. All ayes. MOTION PASSED. Motion by Williams, seconded by Schmitt, to approve the minutes and adopt Resolution 2012- 04 approving the payment of bills for January and February 2012.All ayes. MOTION PASSED. EDA RESOLUTION 2012-04 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)APPROVING THE FINANCIAL STATEMENT FOR JANUARY AND FEBRUARY,2012 AND PAYMENT OF BILLS FOR THE MONTHS OF JANUARY AND FEBRUARY,2012. WHEREAS,the Columbia Heights Economic Development Authority(EDA)is required by Minnesota Statutes Section 469.096, Subd.9,to prepare a detailed financial statement which shows all receipts and disbursements,their nature,the money on hand,the purposes to which the money on hand is to be applied,the EDA's credits and assets and its outstanding liabilities; and 49 EDA MINUTES Page 2 WHEREAS,said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct,to approve them by resolution and enter the resolution in its records; and WHEREAS,the financial statement for the months of January and February 2012 has been reviewed by the EDA Commission;and WHEREAS,the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy;and WHEREAS,the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports,Annual City approved Budgets,Audits and similar documentation; and WHEREAS,financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW,THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history,and they are found to be correct,as to form and content;and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds;and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. BUSINESS ITEMS 3. MOVE TO EXECUTIVE SESSION- Discuss offer to purchase 3919-27 Central Avenue NE. The meeting re-convened at 7:35 pm. 4. PROPOSAL TO SELL PORTION OF 3853 3" ST. The City's Economic Development Authority(EDA) is the owner of 3853 3rd Street which was purchased as part of the Scattered Site Housing Program. The property owner to the west, 3861 3rd St., desires to purchase a portion of the EDA's property for the purposes of adding a third garage stall and to gain a greater distance from the master bedroom to the property line. Attached are two options: "Option 1"illustrates the purchase of approximately 2,520 sq. ft. (a strip that is 14 ft. by 180 ft.). "Option 2", illustrates a triangular shaped purchase that would be approximately 1,620 sq. ft. Staff would need direction from the EDA regarding their desire to sell a portion of the subject property. Economically, there are a number of considerations that would drive the cost of the property up if the EDA elected to sell, issues such as the cost of land conveyance (survey's, lot split, recordings rezoning etc.)the question of determining land value(would the EDA require an appraisal?) and the policy question of giving up land that may be useful in the future. The subject EDA property is adjacent to the south end of the Root property and may be a commercial, office or light industrial redevelopment target at a future time. 50 EDA MINUTES Page 3 Clark stated he wanted to table this matter until we receive a more formal offer and until Phase 2 is completed on the Root Property adjacent to this parcel. He thought it would be premature to enter into any agreement without knowledge on how extensive the contamination in that area really isand to determine how this property will be used in the future. Motion by Schmitt, seconded by Diehm, to table consideration of this proposal until a later date. All ayes. MOTION PASSED. 5. ADMINISTRATIVE REPORTS There were no further reports. The next regular EDA meeting will be Monday, May 7, 2012 at City Hall. The meeting was adjourned at 7:40 pm. Respectfully submitted, Shelley Hanson Secretary 51 MEETING OF THE CHARTER COMMISSION UNAPPROVED THURSDAY,APRIL 19,2012 7:00 P.M. CITY HALL CONFERENCE ROOM 1 COLUMBIA HEIGHTS Call to Order The meeting was called to order by President Steve Smith at 7:03 p.m. Roll Call Members present: Matt Abel, Lee Bak, Jeff Diehm, Roger Johnson, Mike Patiuk, Rachel Schwankl, Greg Sloat, Steve Smith, Charles Tyler, Tim Utz Members absent and excused: Nancy King, Carolyn Laine,Nicholas Rivers Members absent and unexcused: Nick Jentsch, Katherine Pepple Approval of Tonight's Agenda Motion was made and seconded to approve the agenda as presented. Approval of Charter Commission Minutes Motion was made and seconded to approve the minutes of the Charter Commission of January 19, 2012. Motion passed unanimously. Commissioner Utz asked that his vote be recorded as "yes" on this vote. Correspondence The Recording Secretary reported correspondence since last meeting in January. Old Business As Carolyn Laine was still in legislative session, Charles Tyler reported on her behalf that HF 2107 amending MN State Statutes 410.06, Charter Commission Compensation/Expenses hasn't really gone anywhere since January. New Business President Smith stated that the Charter Commission has received a request from the City Clerk to amend Chapter 4, Nominations and Elections, and to hold a first reading of the proposed ordinance tonight. This request is regarding the counting/recording of write-in ballots. The proposed ordinance calls for the addition of the following language as a new Section 33: Section 33. WRITE-IN CANDIDATES. A write-in candidate who wants their write-in votes to be counted in the general election must file a written request with the City Clerk no later than seven (7) days before the general election. All write-in votes cast for candidates who have not filed a written request to have these votes counted shall be treated collectively as votes for a single candidate. This information was provided to members in advance of tonight's meeting. Discussion ensued. President Smith indicated that this ordinance change would save time for staff working on the elections. The City of Blaine has already passed this change to their city charter, which was suggested by the county. Commissioner Sloat asked how does anyone know if someone "wants to be a write-in candidate"? This is the democratic process. 52 Attorney Jim Hoeft stated that this would not restrict anyone from still voting for whoever they want, write-in or not. If the total number of unregistered write-in votes exceeds the number of qualified, registered votes, the write-in votes will be separated and counted. Otherwise, election staff would not have to write down each and every write-in name and number of votes received. He clarified for Commissioner Utz that the proposed ordinance change would affect our city only. It's just that the counting/recording of the write-in votes would be different if this ordinance is passed. Less than one percent of the total votes are write-ins. All votes are tallied and then sent to the county. Commissioner Johnson stated, and Commissioner Bak agreed, that the election judges report to work that day at 5:30 a.m., and are there until the polls close at 8 p.m. Then they start counting the write-in ballots, which could take up to a half an hour or so. Commissioner Schwankl felt that clearer wording should be inserted regarding the votes of a write in candidate who receives a high amount of votes could possibly win the election. The City Attorney felt the wording provided was fine the way it was presented. President Smith stated that if we pass this proposed ordinance tonight, and then hold a second reading at a special meeting in May, then the City Council could hold their first reading on July 9 and their second reading on July 23, and it would be effective in 90 days—in time for the upcoming elections. Motion was made by Commissioner Abel, seconded by Commissioner Johnson to approve the first reading of the proposed ordinance regarding Chapter 4, as stated above, and to hold a second reading at a special meeting in May. Motion passed, 8 yes, 2 no; Commissioner Sloat requested his no vote be recorded. President Smith advised that the City Clerk can be present at the special meeting in May if the commission would like her to be. Set Special Charter Commission Meeting in May President Smith asked members when they would prefer to meet in May to have the second reading of this above ordinance. It was decided to meet on Thursday, May 10th, at 7 p.m. at City Hall, Conference Room 1. Other New Business The Recording Secretary passed out the revised Rules of Procedure to members. She also mentioned that the Community Prayer Breakfast is coming up on May 9, 2012. Flyers on that event were available to anyone who wanted them. Adjournment Motion was made and seconded to adjourn the meeting at 7:40 p.m. Respectfully submitted, Carole J. Blowers Recording Secretary to the Charter Commission 53 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: May 14, 2012 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGERS NO: CITY MANAGER APPROVAL �/ ITEM: Adopt Res. 2012-48 Council BY: Walt Fehst BY: 41M2-- ?�'J� fc�rN meeting date May 2012 DATE: May 2, 2012 DATE: NO: Background: The regularly scheduled May City Council meeting date is May 28, 2012. This is the observed Memorial Day holiday. In the past years,the City Council has chosen to move the meeting to the following Tuesday. Recommendation: • Reschedule the Monday, May 28 City Council meeting to Tuesday, May 29, 2012. Recommended Motion: MOTION: Move to waive the reading of Resolution No. 2012-48, there being ample copies available to the public. MOTION: Move to adopt Resolution 2012-48, being a Resolution rescheduling the Monday, May 28, 2012 City Council meeting to Tuesday,May 29, 2012. COUNCIL ACTION: 54 RESOLUTION NO. 2012-48 BEING A RESOLUTION RESCHEDULING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, MAY 28,2012 WHEREAS: The City of Columbia Heights offices are closed on Monday, May 28, 2012 in observance of Memorial Day; and WHEREAS: The City Council has agreed to reschedule the regular Council meeting to Tuesday,May 29, 2012 beginning at 7:00 p.m. in the City Council Chambers; NOW, THEREFORE, BE IT RESOLVED,that all interested parties be advised of this change. Passed this 14th day of May 2012 Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 55 CITY COUNCIL LETTER Meeting of: May 14, 2012 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Restructuring Loan Agreement for James BY: BY:% G � � Wetch dba Jimmy's Pool Hall DATE: May 8, 2012 Background Information: On May 7, 2012 the City Council reviewed a proposal for the Contract between James Wetch dba Jimmy's Pool Hall and the City to modify the current loan agreement by extending the current payment terms by four months. The loan holder is looking at having no payments May through August and restarting the $1,000 per month payments in September of this year. Attached is a memorandum that was distributed to the City Council at their work session and there were no concerns expressed regarding this action. Recommendation: Approval of the following motion. Recommended Motion: Move to approve an Extension of the"Contract of Sewer Availability Charge Time Payment Agreement-4040 Central Ave(Contract#2354) for James Wetch until July 10, 2013,with no payments due in the months of May through August of 2012.All other provisions of the contract remain as is." Attachments: Work session memorandum dated May 1, 2012 COUNCIL ACTION: C:\Documents and Settings\CCH-User\Desktop\Form for Council Letter.doc 56 CITY OF COLUMBIA HEIGHTS To: Mayor and City Council Walt Fehst, City Manager From: Scott Clark, Community Development Director Date: May 1, 2012 Re: Jimmy's Pool Hall Loan In January of 2011 a new partnership at Jimmy's Pool Hall approached the City to assist them in paying for Sewer Availability Charges in the amount of$26,760. They had not anticipated this amount when they did $100,000 in improvements in 2010/2011. In turn, the City agreed to a loan of$26,760,paid back in two years, with the provisions as stated in the attached January 24, 2011 Council report. It is important to remember that the City did not provide the loan with cash,but with existing SAC credits that are monetized when new developments occur in the City. At the present time, the loan is current and including the down payment, $16,676 has been paid on the principal. The City has been informed that the new partnership has been dissolved and that all obligations for the business,to date,have been paid. The ownership stated to staff that the payment of obligations have left them with a cash flow problem, coupled with the business going into the slowest part of the year. As such, they are asking for a restructuring of the loan to have no payments starting in May with the loan payment schedule restarting in September(the 2% interest remains on the loan and would be recomputed for the additional loan term). Staff is recommending approval of the loan restructure, in part, that a good faith effort has been made with 62% of the loan having been repaid. If payments are not restarted in September the City has the option to call the loan through the special assessment process. 57 CITY COUNCIL LETTER Meeting of: May 14,2012 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: APPROVE PERMITS FOR 2012 JAMBOREE BY: Kevin Hansen BY: a„.,I�,�,� DATE: May 8,2012 DATE: The City of Columbia Heights Jamboree will be held from June 21 through June 24 this year. The carnival,operated by Family Fun Shows,Inc.,usually arrives a day or two before for set-up,which will require the closing of Jefferson Street on Tuesday afternoon,June 19. Staff is requesting permission to close Huset Parkway from the alleyway on the north end of Huset Park to the south roundabout. Other arrangements are made with various City departments,including the license application,payment of necessary license fees and permits,and that the required damage deposits are submitted. The annual Jamboree Parade will be held on Friday,June 22,2012,beginning at 6:00 p.m. The parade route will begin on Central Avenue at 45th Avenue to 40th Avenue;west on 40th Avenue to 5th Street and 5th Street to Mill Street. Staff is recommending that the City Council authorize the Police Department to issue a parade permit for the Jamboree Parade. Staff is also requesting to waive the Fire Department permit fees for firework displays in the amount of$50.00. RECOMMENDED MOTION: Move to authorize staff to close Huset Parkway for the time period from Tuesday afternoon,June 19 through Sunday,June 24,2012. RECOMMENDED MOTION: Move to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday,June 22,2012 beginning at 6:00 p.m.for the following streets: Central Avenue from 45th Avenue to 40th Avenue,west on 40th Avenue to 5th Street and 5th Street to Mill Street. RECOMMENDED MOTION: Move to authorize fireworks at dusk on Saturday,June 23,2012 and to waive the Fire Department fireworks display permit fee. KH:sms COUNCIL ACTION: 58 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of May 14, 2012 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Resolution 2012-51Request Anoka BY: Sheila Cartney BY:Wif Coun ty Le vy Funds for purchase of 3927 DATE: May 7, 2012 Central Ave BACKGROUND: On March 29, 2012 the EDA approved a commercial letter of intent with the Mady Foss Partnership for the purchase of 3927 Central Avenue, The sources for the purchase identified were the remaining Anoka County HRA Levy funds and the City's Capital Improvement Development Fund 420. Staff estimated there is about$575,000 of unobligated funds left in the levy with the relinquishment of the Make Heights Your Home funds. On May 7, 2012 the EDA approved the purchase agreement for this transaction and the next step is to request the funds from Anoka County, the Council is required to provide a formal resolution to request the funds. RECOMMENDATION: Staff recommends the City Council request the remaining Anoka County Levy funds including the Make Heights Your Home remaining funds and use City Fund 420 for the purchase of 3927 Central Avenue. RECOMMENDED MOTION: Motion: Move to waive the reading of Resolution 2012-51, there being ample copies available to the public. Motion: Move to adopt Resolution 2012-51, approving a Resolution requesting all unobligated funds, fiscal year 2008-2012 from the Anoka County HRA Levy and appropriation from City Fund 420 for the purchase of 3927 Central Avenue. Attachments:Resolution 2012-5,EDA Resolution 2012-08 COUNCIL ACTION: 59 RESOLUTION 2012-51 CITY OF COLUMBIA HEIGHTS,MINNESOTA A RESOLUTION REQUESTING ALL UNOBLIGATED FUNDS,FISCAL YEAR 2008-2012 FROM THE ANOKA COUNTY HRA LEVY AND APPORPRIATION FROM CITY FUND 420 FOR THE PURCHASE OF 3927 CENTRAL AVE WHEREAS,the City Council was invited by the Anoka County Housing and Redevelopment Authority(ACHRA) to participate in ACHRA economic development activities;and, WHEREAS,Council passed a resolution on September 10,2007 to participate in the Anoka County Housing and Redevelopment Authority(ACHRA) economic development activities; and, WHEREAS,the ACHRA would levy a tax in Columbia Heights each year of participation,for a minimum of five years; and, WHEREAS,that the City,by participation in the ACHRA economic development activities,can request funds to support the City's redevelopment and housing maintenance and improvement goals; and, WHEREAS,the Make Heights Your Home unobligated balance of$144,444 will be relinquished for this transaction and the program will be terminated; and WHEREAS,Anoka County Community Development staff indicated that redevelopment would be a qualified expenditure;and, WHEREAS, on May 7,2012 the City's Economic Development Authority Approved a Purchase Agreement for the acquisition of 3927 Central Avenue with the purpose of substantial redevelopment; and WHEREAS,the funds needed to complete this acquisition were identified as the unobligated Anoka County HRA Levy and the City's Capital Improvement Development Fund-420. NOW THEREFORE BE IT FURTHER RESOLVED THAT 1. The City of Columbia Heights requests the remaining balance ($144,444) of Make Heights Your Home funds be transferred for the purchase of 3927 Central Avenue. 2. The City of Columbia Heights requests all of the unobligated funds, fiscal year 2008-2012, from the Anoka County HRA Levy be obligated for the purchase of 3927 Central Avenue. 3. The City of Columbia Heights appropriates funds from 420—Capital Improvement Development Fund for the purchase of 3927 Central Avenue per EDA Resolution 2012-08. Passed this 14th day of May. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk/Council Secretary 60 EDA Resolution 2012-08 A Resolution Approving Purchase Agreement Dated May 7,2012 by and between Mady- Foss Partnership and the City of Columbia Height's Economic Development Authority For Property Located at 3927 Central Ave. WHEREAS,the City of Columbia Heights' August 2010 Comprehensive Plan has identified the site as a key redevelopment site, and WHEREAS, Anoka County levy funds will be used as part of this acquisition as well as fund 420, the Housing Maintenance fun both funds being used for redevelopment throughout the city, and WHEREAS, the City has endeavored for many years to acquire the subject parcel to allow a major redevelopment in the City's downtown area, and WHEREAS, evidence of the desire to acquire this property has been evidenced by the acquisition of an adjacent parcel and extensive environmental investigation work that has been completed on the subject and area parcels, and WHEREAS,representatives from the Mady-Foss Partnership prepared an initial commercial letter of intent offering dated March 18,2012 in the amount of$925,000 plus additional considerations, and WHEREAS, after extensive discussions the Economic Development Authority was of the opinion that the acquisition of the subject parcel met the City's goals and objectives, and WHEREAS,the majority of Economic Development Commissioners agrees to the purchase price of$925,000 in addition to other considerations and recognizes the various professional services necessary to complete this transaction, NOW THEREFORE BE IT RESOLVED, The City of Columbia Heights' Economic Development authorizes the following: 1) Authorizing the President and Executive Director of the Economic Development Authority to Sign Purchase Agreement Date May 7, 2012 by and between Mady-Foss Partnership and the Economic Development Authority. 2) Authorizing staff to commence with demolition bidding with the understanding that final bids will be approved by either the Economic Development Authority or the City Council. 3) Hiring title work and closing, relocation and surveying professional services work respectively to Old Republic Title, Wilson Development Services and Kurth Survey and Engineering . Passed this 7th day of May 2010. Roll Call: Offered by: President Walter Fehst, Executive Director 61 CITY COUNCIL LETTER Meeting of: May 14, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM:ADOPT RESOLUTION 2012-052 BY: Kevin Hansen BY: ORDERING A PUBLIC HEARING TO DATE: 5/9/2012 DATE: CONSTRUCT BITUMINOUS SURFACING ON GRANDVIEW COURT Background: The Grand Central Lofts Development was initiated in 2003 with multi-family dwelling units consisting of 21 townhomes and three condo buildings. Ten of 21 townhomes have been built and only the first of three 66 unit condominiums have been completed. The economic downturn has certainly impacted this development. The original development plans provided for a private road called Grandview Court. The U-shaped road was built, but the final lift of bituminous was never placed. The Development Contract has been amended four times—the last time on March 2, 2010. Staff is requesting the City Council establish a public hearing date for formal consideration of assessing the construction of the bituminous wear course on Grandview Court, as required in the development agreement(s). There will be 13 parcels included in the assessment. Two parcels are owned by New Heights Development and 11 parcels are owned by Grand Central Properties, which identify the current developer, Mr. David Kloeber, as the owner. Recommended Motion: Move to waive the reading of Resolution 2012-052, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution 2012-052,being a resolution ordering the Improvement and Levy Hearings for consideration of construction of the bituminous wear course on Grandview Court at the regular City Council meeting on May 29, 2012 at 7:00 p.m. Attachments: Resolution 2012-52 Map COUNCIL ACTION: 62 RESOLUTION 2012-052 BEING A RESOLUTION ORDERING A PUBLIC HEARING TO CONSTRUCT BITUMINOUS SURFACING ON GRANDVIEW COURT WHEREAS,the Development Contract for Grand Central Lofts identified Developer Improvements that included the construction of a private road named Grandview Court, and WHEREAS, the final wear lift of bituminous has never been constructed for the Developer Improvements, including Grandview Court, and WHEREAS,Article 7 of the Development Contract provides for City Remedies for the City of Columbia Heights to perform the work for Improvements at the Developer's expense. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of Grandview Court and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $41,910. 2. A public hearing shall be held on such proposed improvement on the 29th day of May, 2012, in the City Council Chambers at 590 40th Avenue N.E. at 7:00 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Passed this 14th day of May, 2012 CITY OF COLUMBIA HEIGHTS Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 63 /1 i i \ ' • . .1'1 , . • I 1 . '.1 I ' . , . , '',. ■ I . , , . _ __ --7------ r-7-711111=r------- . __ -1.... ! .. - . • - I ,.:.. . ...*,....... :::.: -...y..-11"..crt.`,*•:-Vik. - It'd?'"' -- ,_ i , I I , - woor•Wiii.r.- - _._ - .;.'• •--,,, . 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CITY COUNCIL LETTER Meeting of: May 14, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM:ADOPT RESOLUTION 2012-054 BY: Kevin Hansen BY: S ACCEPTING THE FEASIBILITY REPORT FOR DATE: 5/9/2012 DATE: i ALLEY CONSTRUCTION BETWEEN JACKSON AND VAN BUREN STREETS,NORTH OF 40TH AVENUE AND ORDERING THE PUBLIC IMPROVEMENT HEARING Background: Staff has developed preliminary plans and prepared the Feasibility Report for Alley Reconstruction between Jackson Street and Van Buren Street from 40th Avenue to 160' north of 40th Avenue. The request for the work was initiated by petition from one of the abutting property owners. Analysis/Conclusions: Attached is the Feasibility Report that details the scope of work. Particular issues are summarized below: 1. Rehabilitation Strategy: The existing bituminous alley has severely deteriorated, settled, and ponds water. Current City standards require alley reconstruction to be concrete construction with an inverse crown. The advantages of concrete are longer design life, ease and ability to construct and maintain an inverse crown and lower maintenance costs. 2. Utility Construction: The slope from the gutter to end of the proposed reconstruction is 0.54%. This is considered to be a very flat grade for drainage. Storm sewer pipe and catch basins will be installed to maximize collection of storm water runoff. 3. Assessment Methodology: Alleys are 100% assessed to the benefitted properties. 4. Scope of Work: The alley will be reconstructed from 40th Avenue to 160' north of 40th Avenue. The adjacent bituminous will be reconstructed to match the new alley grade. This will require a construction easement from both properties. 5. Financing: The estimated construction costs are as follows: 1. Alley reconstruction: $24,176 2. Utilities: $ ** Project funding is proposed as follows: Assessments: $24,176. Storm Sewer Fund: $ ** The costs and associated funding for utility work(**) will be further developed during the final design. Continued—Page 2 65 CITY COUNCIL LETTER Meeting of: May 14, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM:ADOPT RESOLUTION 2012-054 BY: Kevin Hansen BY: ACCEPTING THE FEASIBILITY REPORT FOR DATE: 5/9/2012 DATE: ALLEY CONSTRUCTION BETWEEN JACKSON AND VAN BUREN STREETS,NORTH OF 40TH AVENUE AND ORDERING THE PUBLIC IMPROVEMENT HEARING 6. Concurrent Projects: Seal Coat Recommended Motion: Move to waive the reading of Resolution 2012-054, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution 2012-054, being a resolution accepting the Feasibility Report for Concrete Alley Construction between Jackson and Van Buren Streets, north of 40th Avenue, and ordering the Public Improvement Hearing at the regular City Council meeting on May 29, 2012 at 7:00 p.m. KH:ky Attachments: Resolution 2012-054 Feasibility Report Map COUNCIL ACTION: 66 RESOLUTION 2012-054 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ALLEY CONSTRUCTION BETWEEN JACKSON AND VAN BUREN STREETS,NORTH OF 40TH AVENUE,AND ORDERING THE PUBLIC IMPROVEMENT HEARING WHEREAS, a petition has been received to reconstruct the alley between Jackson Street and Van Buren Street from 40th Avenue to 160' north of 40th Avenue, and WHEREAS,pursuant to Resolution 2012-047, a report has been prepared by the City Engineer with reference to the alley, and WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on May 14, 2012. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of said alley in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of$24,176. 2. A public hearing shall be held on such proposed improvement on the 29th day of May, 2012, in the City Council Chambers at 590 40th Avenue N.E. at 7:00 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Passed this 14th day of May, 2012 CITY OF COLUMBIA HEIGHTS Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 67 (1) City of Columbia Heights FEASIBILITY REPORT FOR 2012 ALLEY REHABILITATION IMPROVEMENTS: Zone 7 CITY PROJECT 1111 MAY, 2012 ENGINEERING DEPARTMENT 637 38`h Avenue NE, Columbia Heights, MN 55421 763-706-3700 • 763-706-3701 (Fax) 68 ALLEY REHABILITATION IMPROVEMENTS COLUMBIA HEIGHTS, MINNESOTA ALLEY CONSTRUCTION PROJECT NUMBER 1111 LOCATION: EXISTING ALLEY BETWEEN JACKSON AND VAN BUREN STREETS, 40TH TO 41ST AVENUES This feasibility study includes an analysis of proposed alley reconstruction within Zone 7. IMPROVEMENTS: Alley Reconstruction— Removal of existing materials as needed, 6" of new aggregate base, 8" of new concrete surfacing, and restoration of adjacent bituminous and turf surfaces. INITIATION: Petition. OWNERS Alley Reconstruction ABUTTING: Jackson Street to Van Buren Street Back of north curb on 40th Avenue to 160' north (2) ISSUES: The following is a study of the key project issues. Alley Reconstruction The existing bituminous alley has severely deteriorated, settled and ponds water. An adjacent business owner has petitioned the City to investigate reconstruction of the south 160' of the alley. Current City standards require alley reconstruction to be concrete construction with an inverse crown. The slope from the gutter to end of the proposed reconstruction is 0.54%. This is considered to be a very flat grade for drainage with 0.50%considered a minimum grade. In comparison, a minimum 1% grade is recommended for bituminous surface construction. The advantages of concrete are longer design life, ease and ability to construct and maintain an inverse crown and lower maintenance cost. FEASIBILITY: The proposed improvement project is necessary as reconstruction of a deteriorated driving surface to eliminate surface water ponding, and is cost-effective with the inclusion in the Zone 7 project, and technically feasible as prescribed in the construction recommendations found elsewhere in this report. The project and project elements should be implemented as proposed in this study. The improvements, once completed,will provide a benefit to the properties served. 269 SCHEDULE: The alley construction would be included with the construction in Zone 7. Project construction is scheduled to begin in late spring of 2012,with substantial completion occurring in mid summer of 2012. Council receives final Feasibility Report and orders Public Improvement Hearing May 14 Public Improvement Hearing and Council orders Public Improvement Project May 28 Begin Construction June 2012 Construction Completed August 2012 FINANCING: Financing would be 100% assessment to benefited properties. Zone 7 Alley Reconstruction The estimated construction costs for the alley project are as follows: 831 40th Avenue Miller-Methven-Taylor Funeral Home $ 11,286. 843 40th Avenue First Community Credit Union $ 12,890. ASSESSMENT: The assessment will be based on a per parcel basis, with each parcel contributing one-half of the alley construction cost and full cost of the matching surface restoration on their respective side of the alley. 3 70 7.4 1, 7 'i f --- i — - . 1 or 15 v '''.• ■ , 1 e I ," ' t 1 • •--1, ...#, 1 1111 1 111.111111iiiit . . ...." __ NV 13SN-3-HilEINVA .. _ -- I __ . . -. - IJ .,,.... . •-.. , N . , --...4 . . ' , / ir. PSt.,V ,.,', - ':1 4-` ' , • .1 i ,.......' i • , ...... II 1 -t:;' ' •i-. . - - — i • ... lo . • • i • ., 1 1- . • Efai MI , . ■. I .'-:,-,1 , • CI tl 7 .111111=111 .. < , Id , ,.,, . • 1 (..) ... ' D , _• . , CC . 4 • ■ k U) . ='.,--- Z I - I : . I • --IP Mt !Asa Mt - ..1Wir li • ill I er i - • . ..., . . ' 1 , r i. 1 . .. • i, 1 ..... I. . _ . . 1 . . .., i I '•--- i - • ,... •, . , 1 t . , ,, _ •. ,.. J. a c 4-- . - mr—-. I 'i •■, . . •-„ '-- - ,1 i 1 AZI. 1110........ . _. - I 11 .4. .. . . . _ —riiihella sla - , . --.3. MI INN i lia ' • . - . ON - I triNINintim_ .I.334LS NOSNOV . .. imi ( 1.• ,,,___...........___._ '-. ..; _ ----___....- wift..--- . ',\I / 11111511 CITY COUNCIL LETTER Meeting of: May 14,2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: ADOPT RESOLUTION 2012-055 BY: Kevin Hansen BY: 4/9/ ACCEPTING THE FEASIBILITY REPORT DATE: May 8,2012 DATE: FOR SIDEWALK CONSTRUCTION ON THE NORTH SIDE OF 43RD AVENUE BETWEEN QUINCY STREET AND CENTRAL AVENUE AND ORDERING THE PUBLIC IMPROVEMENT HEARING Background: Staff has developed preliminary plans and prepared the Feasibility Report for Sidewalk Improvement on the north side of 43rd Avenue between Central Avenue and Quincy Street. Analysis/Conclusions: Attached is the Feasibility Report that details the scope of work for the sidewalk improvement. Particular issues are summarized below: 1. Scope of Work: There is existing sidewalk west of Central Avenue and east of Quincy Street. The proposed improvement completes the sidewalk along the north side of 43rd Avenue. Current ADA guidelines require sidewalks to continue through driveway aprons with a cross slope of 2%. This would necessitate reconstruction of the aprons. 2. Assessment Methodology: Sidewalks are 100% assessed to the benefitted property. 3. Financing: The estimated construction costs are as follows: 4"concrete sidewalk between the east and west driveways $14,245. with new 8"concrete sidewalk and apron at the center driveway Project funding is proposed to be an assessment to the benefitted property. 4. Concurrent Projects: 2012 Seal Coat Recommended Motion: Move to waive the reading of Resolution 2012-055,there being ample copies available for the public. Recommended Motion: Move to adopt Resolution 2012-055,being a resolution accepting the Feasibility Report for 43rd Avenue Sidewalk between Quincy Street and Central Avenue and ordering the Public Improvement Hearing at the regular City Council meeting on May 29,2012 at 7:00 p.m. KH:ky Attachments: Resolution 2012-055 Feasibility Report and Aerial COUNCIL ACTION: 72 RESOLUTION 2012-055 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR SIDEWALK CONSTRUCTION ON THE NORTH SIDE OF 43RD AVENUE BETWEEN QUINCY STREET AND CENTRAL AVENUE AND ORDERING THE PUBLIC IMPROVEMENT HEARING WHEREAS,the City Council initiated a study for completion of a sidewalk along the north side of 43rd Avenue between Quincy Street and Central Avenue based on the recommendation of the Traffic Commission, and WHEREAS,pursuant to Resolution 2012-046, a report has been prepared by the City Engineer with reference to the sidewalk construction, and WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on May 14,2012. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of$14,245. 2. A public hearing shall be held on such proposed improvement on the 29th day of May, 2012, in the City Council Chambers at 590 40th Avenue N.E. at 7:00 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Passed this 14th day of May, 2012. CITY OF COLUMBIA HEIGHTS Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 73 (1.) City of Columbia Heights FEASIBILITY REPORT FOR 2012 SIDEWALK IMPROVEMENT CITY PROJECT 1209 MAY, 2012 ENGINEERING DEPARTMENT 637 38th Avenue NE, Columbia Heights, MN 55421 763-706-3700 • 763-706-3701 (Fax) 1 74 SIDEWALK IMPROVEMENT COLUMBIA HEIGHTS, MINNESOTA SIDEWALK CONSTRUCTION PROJECT NUMBER 1209 LOCATION: North side of 43rd Avenue NE between Central Avenue and Quincy Street IMPROVEMENTS: Sidewalk Construction— Removal of existing materials as needed, 6"of new aggregate base, 4"to 8"of new concrete surfacing, and restoration of adjacent curb and gutter and turf. INITIATION: City Council, based on the recommendation of the Traffic Commission. OWNERS North side of 43rd Avenue between Quincy Street and Central Avenue (1) ABUTTING: ISSUES: The following is a study of the key project issues. The Rainbow-Valu shopping center is located west of Central Avenue between 43rd and 44th Avenues. Access is located on 43rd and 44th Avenues and the shopping center generates vehicle and pedestrian traffic on both. Sidewalk Construction There is currently sidewalk along the north side of 43rd Avenue, from Central Avenue through the east driveway and from Quincy Street through the west driveway. The proposed improvement would complete the sidewalk between Central Avenue and Quincy Street. The existing sidewalk through the driveways does not meet the current required cross slope of less than 2% on the sidewalk. The cross slope is about 6%. The Public Rights-of-Way Accessibility Guidelines contain the following information concerning the construction of sidewalk through driveways: QUESTION: A new sidewalk is being built along an existing road that contains driveway access points. Must those driveways be modified if their cross slope exceeds 2%. ANSWER: Yes, to the maximum extent feasible within the scope of the project. The driveways could be reconstructed with a 2% cross slope on the sidewalk at this time or at a minimum in the future when the concrete has deteriorated and needs replacement. 275 FEASIBILITY: The proposed improvement project is necessary for pedestrians to safely access the shopping center from 431"d Avenue. Currently pedestrians from Jackson and Van Buren Streets must walk in the street. The project is cost-effective and technically feasible as prescribed in the construction recommendations found elsewhere in this report. The project and project elements should be implemented as proposed in this study. The improvements, once completed, will provide a benefit to the property served. SCHEDULE: The sidewalk construction would be included with other construction in Zone 7. Project construction is scheduled for the summer of 2012. Council receives final Feasibility Report and orders Public Improvement Hearing May 14 Public Improvement Hearing and Council orders Public Improvement Project May 28 Begin Construction June 2012 Construction Completed August 2012 FINANCING: Financing would be 100% assessment to benefited property. The estimated construction costs for the sidewalk project is as follows: 4300 Central Avenue $14,245.00 (sidewalk and central driveway apron construction only) 4300 Central Avenue $19,860.00 (sidewalk with three driveway apron replacements) ASSESSMENT: The assessment will be based on a per parcel basis. 3 76 -" .1611111111111151" Z _ a- - E R `_-3/ V 1V81ND n c� I � . � i Z; .. • :� W>,.., ..... ., :., • .... _ ..., _ , , . „ .„----- _ _ .,,,; . _... ,.. _, Q „ .,. . „ .. i I- •-1 z ir i w - — N3 U _ �s1S 2�n 8 NVA O s A r __ •� v . � .-.,; �~1 { A ._- _{ 1 ,yy..• 7� (/ ' - .I U WI IF _ i 1% Ci 1S NO *)IJdf o r 0 w a ... _ A .; — �:. is AD N I nt�`, ;�= t I Y a J i 14 I. 1+ CITY COUNCIL LETTER Meeting of May 14, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: May 8, 2012 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for May 14, 2012 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 78 roe zoo COLUMBIA HEIGHTS Print Rental Licenses to '11'11 FIRE DEPARTMENT approve by CC inspection Division 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 10003 1011 41ST AVE NE Stamness, Anthony F11508 PO Box 63 $ 150.00 Warden, MT 59088 10005 3911 TYLER ST NE Nelson, David F11741 7395 Van Buren Street $ 150.00 Fridley, MN 55432 10034 344 40TH AVE NE Gondek, Michael F11621 334 NE 40th Avenue $ 150.00 Columbia Heights, MN 55421 10041 4044 RESERVOIR BLVD NE Donnelly, Mike F11721 33 Demont Avenue W $ 150.00 Little Canada, MN 55117 10042 3814 RESERVOIR BLVD NE Mahoney, David F11559 15248 Fluorine ST NW $ 150.00 Ramsey, MN 55303 10044 4852 MONROE ST NE Blomberg, Thomas F11562 961 Hillwind Rd. $ 150.00 Fridley, MN 55432 10045 4253 MCLEOD ST NE Mounds Park Investment Partners, LLC F11572 PO Box 24717 $ 150.00 Edina, MN 55424 10052 3823 POLK ST NE Zschokke, Robert F11555 4081 99th Avenue NE $ 150.00 Circle Pines, MN 55014 10076 1400 PARKVIEW LN NE Boujnikh, Lahoucine F11689 977 118th Avenue NE $ 150.00 Blaine, MN 55434 10077 4430 ARTHUR ST NE Huss, Michael F11545 121 20th AVE S $ 150.00 New Brighton, MN 55112 10095 1020 44TH AVE NE Boujnikh, Lahoucine F11690 977 118th Ave NE $ 150.00 Blaine, MN 55434 05/07/2012 12 :59 Page 1 79 19*m COLUMBIA HEIGHTS Print Rental Licenses to -° FIRE DEPARTMENT approve by CC Inspection Division 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 10104 325 SUMMIT ST NE Gondek, Michael F11620 334 40th Avenue N.E. $ 150.00 Columbia Heights, MN 55421 10120 4348 MCLEOD ST NE CIG#248, LLC F11709 7845 Brooklyn Blvd. Suite#102 $ 150.00 Brooklyn Park, MN 55445 10121 4000 2ND ST NE Marquette, Joel F11622 4300 Reservoir Blvd $ 150.00 Columbia Heights, MN 55421 10122 3808 RESERVOIR BLVD NE Johnson, Dave F11730 642 North St $ 150.00 St Paul, MN 55106 10137 3701 RESERVOIR BLVD NE Salem, Fadia F11616 1036 34TH AVE NE $ 150.00 MINNEAPOLIS, MN 55418 10143 5034 6TH ST NE Chaundonnet, Robert F11706 21425 Vale St. N.W. $ 150.00 Oak Grove, MN 55011 10144 260 MAUREEN LN NE Kerns, David and Kim F11553 231 Ability Point Court $ 150.00 Henderson, NV 89012 10150 973 GOULD AVE NE Biddle, Brad F11739 1847 Kohlman AVE $ 150.00 Maplewood, MN 55109 10153 1011 41ST AVE NE Clennon, Julie F11570 2425 Holy Name Drive $ 150.00 Medina, MN 55391 10158 1009 42 1/2 AVE NE Koehler, Aaron F11678 6125 Westridge Blvd. $ 150.00 Edina, MN 55436 10167 3723 2ND ST NE Osterberg, Donald F11642 11448 Palm Street NW $ 150.00 Coon Rapids, MN 55448 05/07/2012 12:59 Page 2 80 .1417. COLUMBIA HEIGHTS Print Rental Licenses to '''7eroscV FIRE DEPARTMENT approve by CC _ inspection Division 825 41st Avenue N.E.-Columbia Heights,MN 55421 -Ph:763-706-8156-Fax:763-706-8151 10171 1920 40TH AVE NE Olson, Richard F11535 602 Aqua Circle $ 150.00 Lino Lakes, MN 55014 10185 4546 5TH ST NE Huss, Michael F11685 121 20th Avenue SW $ 150.00 New Brighton, MN 55112 10188 4149 POLK ST NE Mullen, Kevin F11740 7622 Lachman AVE NE $ 150.00 Albertville, MN 55301 10198 4332 TYLER ST NE Chodak, Tenzin F11729 1103 Able Street N.E. $ 150.00 Blaine, MN 55434 10234 4445 2ND ST NE Koch, Ken F11550 4042 Arthur Street N.E. $ 150.00 Columbia Heights, MN 55421 10250 1000 41ST AVE NE Kociscak, William F11649 6988 137th Ave. NW $ 150.00 Ramsey, MN 55303 10254 4116 RESERVOIR BLVD NE McClellan, Duncan F11745 1767 18th Avenue N.W. $ 150.00 New Brighton, MN 55112 10267 1041 43 1/2 AVE NE Paschke, Lisa F11749 118 Brookdale Dr. $ 150.00 Brooklyn Park, MN 55444 10269 3920 POLK ST NE Crouch, JoAnne F11723 203 South St $ 150.00 Berlin, MA 01503-1623 10269 3920 POLK ST NE Jacobson, Mandy F11723 1026 Bush Ave. $ 150.00 St. Paul, MN 55106 10270 3957 POLK ST NE Thiam, Alioune F11663 4664 Empress Way N. $ 150.00 Hugo, MN 55038 05/07/2012 12:59 Page 3 81 �m COLUMBIA HEIGHTS Print Rental Licenses to `dpON" ' approve by CC Inspection Division 825 41st Avenue N.E.-Columbia Heights,MN 55421 -Ph:763-706-8156-Fax:763-706-8151 10278 4440 JEFFERSON ST NE Clark, Sandra F11534 5363 CLIFTON DR $ 150.00 Moundsview, MN 55112 10279-RY532 HUSET PKY NE Jaramillo, Maria F11748 532 HUSET PKY NE $ 150.00 Columbia Heights, MN 55421 10283 681 47TH AVE NE Morlock, Nita F11602 5020 Page Avenue N.E. $ 150.00 St. Michael, MN 55376 10289 4171 3RD ST NE Jones, Terra F11682 4116 Sunset Trail North $ 150.00 Brooklyn Park, MN 55443 10350 4960 7TH ST NE Kramber, Jason F11633 7406 Spring Lake Road $ 150.00 Mounds View, MN 55112 10353 620 51ST AVE NE Lesaigle, Christian F11565 1818 W. Belmont Ave. $ 150.00 Chicago, IL 60657 12012 1339 CIRCLE TERRACE BLVD NE Carroll Jr., Kenneth F11683 1337 Circle Terrace Blvd. N.E. $ 150.00 Columbia Heights, MN 55421 12041 665 45TH AVE NE Cadieux, Ronald F11724DDDD444 667 45th Avenue $ 150.00 Columbia Heights, MN 55421 12059 4207 2ND ST NE Bornholdt, Marietta F11710 4209 2nd Street $ 150.00 Columbia Heights, MN 55421 20006 4233 UNIVERSITY AVE NE Lund, James F11536 14035 Hillsboro Court $ 150.00 Savage, MN 55378 20026 4801 7TH ST NE Johnson, Andrew F11697 4057 5th Street N.E. $ 150.00 Columbia Heights, MN 55421 05/07/2012 12:59 Page 4 82 rte'` - COLUMBIA HEIGHTS Print Rental Licenses to FIRE DEPARTMENT approve by CC Inspection Division 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 20028 1206 CIRCLE TERRACE BLVD NE Seigonghyr, Korti F11623 4243 Emerson Ave. N. $ 150.00 Minneapolis, MN 55412 20029 1401 42 1/2 AVE NE Schubilske, Timothy F11691 5730 Royal Oaks Dr $ 150.00 Shoreview, MN 55126 20036 4317 3RD ST NE Hassan, Diaa F11722 1202 Hathaway Lane NE $ 150.00 Fridley, MN 55432 20047 3959 RESERVOIR BLVD NE Wegman, James F11568 1911 40th Avenue $ 150.00 Columbia Heights, MN 55421 20082 1261 CIRCLE TERRACE BLVD NE Tohey, Joseph F11680 544 Summit Street N.E. $ 150.00 Columbia Heights, MN 55421 20085 3963 POLK ST NE Chong, Hyo F11686 3401 -78th Avenue North $ 150.00 Brooklyn Park, MN 55443 20115 1231 40TH AVE NE Xianmin, Zhang F11539 433 Magestic Court $ 150.00 Shoreview, MN 55126 20130 5128 WASHINGTON ST NE Chamberlain Capital, LLC F11064 9973 Valley View Road STE #102 $ 150.00 Eden Prarie, MN 55344 20136 4040 CLEVELAND ST NE DH Properties LLC F11576 8555 1st Avenue NE $ 150.00 Rice, MN 56367 20155 4624 WASHINGTON ST NE Cole, Barry F11719 3748 Edith Patch Drive $ 150.00 Anoka, MN 55303 20179 1715 37TH AVE NE HNA Properties F11560 4930 Pennine Pass N.E. $ 150.00 Columbia Heights, MN 55421 05/07/2012 12:59 Page 5 83 e07 um COLUMBIA HEIGHTS Print Rental Licenses to 1152 FIRE DEPARTMENT approve by CC Insertion Division 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 20186 1230 CIRCLE TERRACE BLVD NE Tohey, Joseph F11680A 544 Summit Street N.E. $ 150.00 Columbia Heights, MN 55421 20220 1153 CHEERY LN NE Wilson, Craig F11652 12530 Dorchester Trail $ 150.00 Apple Valley, MN 55124 20393-NC1008 GOULD AVE NE Chu, Josh F11577 1327 66th AVE NE $ 150.00 Fridley, MN 55432 20394 5115 WASHINGTON ST NE Rudnitski, Kathy F11503 4618 4th Street $ 150.00 Columbia Heights, MN 55421 30001 4255 MAIN ST NE Kilgore, Gina F11596 6391 Monroe Street NE $ 188.00 Fridley, MN 55432 30006-NC3839 TYLER ST NE Parker, Theodore F11708 3839 Tyler Street $ 160.00 Columbia Heights, MN 55421 30044 950 39TH AVE NE Ashraf LLC F11612 2947 Bent Tree Hill Drive $211.00 New Brighton, MN 55112 30054 950 47TH AVE NE Trisko, Frank F11546 PO 8718 $248.00 Minneapolis, MN 55408 30073 3923 LOOKOUT PL NE Twin City Rent-A-Home, LLC F11493 13033 Ridgedale Dr. Suite#167 $248.00 Minnetonka, MN 55305 30099 1045 PETERS PL NE TSK Properties, LLC F11653 2641 Ashley Terrace $ 188.00 New Brighton, MN 55112 30100 3940 PETERS PL NE Ostlund, Robert F11586 6 Island Road $ 302.00 North Oaks, MN 55127 05/07/2012 12:59 Page 6 84 19 2007 �4COLUMBIA HEIGHTS Print Rental Licenses to , FIRE DEPARTMENT approve by CC Insp.C*ion Division 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 30103 4557 MADISON ST NE Hassan, Mohamed F11640 16088 Hawthorn Path $ 160.00 Lakeville, MN 55044 30110 538 SUMMIT ST NE Erickson, Grant F11558 P.O. Box 28132 $ 188.00 Crystal, MN 55429 30112 4357 TYLER PL NE Sekizovic, Muamer F11675 PO Box 21314 $ 160.00 Columbia Heights, MN 55421 30116 4619 TYLER ST NE Marth, Mary F11603 4215 41st Avenue $ 160.00 Minneapolis, MN 55406 30117 4607 TYLER ST NE Castro, Antonio F11650 2203 94th Way N $ 160.00 Brooklyn Park, MN 55444 30121 4634 TYLER ST NE Minhas, Anwaar U. F11673 8132 York Ave. S. $ 211.00 Bloomington, MN 55431 30123 4654 TYLER ST NE Demetriou, Martha F11688 11159 Holland Circle $248.00 Eden Prairie, MN 55347 30146 4032 VAN BUREN ST NE Owens, Scott F11608 P.O. Box 582299 $ 188.00 Minneapolis, MN 55458 30158 4616 TYLER ST NE Azam, Haji F11556 P.O. Box 11 $211.00 Savage, MN 55378 30176 4927 UNIVERSITY AVE NE Azam, Haji F11495 P.O. Box 11 $248.00 Savage, MN 55378 Total#of Licenses 76 05/07/2012 12:59 Page 7 85 *007 COLUMBIA HEIGHTS Print Rental Licenses to FIRE DEPARTMENT approve by CC inspection Division 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 10295 4345 5TH ST NE Zahran, Ziad F11104 8931 Farnsworth Avenue North $ 150.00 Brooklyn Park, MN 55443 30015-NC3947 TYLER ST NE Anderson, Eric F11440 3613 Belden Dr. NE $ 137.50 St. Anthony, MN 55418 Total#of Licenses 2 05/07/2012 12:59 Page 1 86 CITY COUNCIL LETTER Meeting of May 14,2012 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: May 9,2012 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the May 14,2012 Council meeting. This agenda consists of applications for Contractor licenses for 2012, Peddler's Licenses, and a Courtesy Bench license for a new location. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for May 14, 2012 as presented. COUNCIL ACTION: 87 TO CITY COUNCIL May 14, 2012 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2012 BLDG *Appliance Connections 1313 Danita Cir, Shakopee $60 *Ron's Htg&AC 2747 Garfield St, Mpls $60 *Exhibit Plumbing 10041 Polk St, Blaine $60 *Mark Nord Masonry 3968 Jackson St, Col. Hts $60 *Janecky Plumbing 720 Pontiac Pl, Mendota Hts $60 *Royal Plumbing 914 Orchard Hts Ct, Faribault $60 COURTESY BENCH Pub Wks Benchmark 8844 Central Ave $25 (for location at 37th and Arthur St). PEDDLER'S LICENSE PD Kevin Keeney for Berkshire Home Solutions 1700 Niagara Ln, Plymouth $300 Daniel N. Johnson for Berkshire H. Sol. 1700 Niagara Ln, Plymouth $300 88 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: May 14, 2012 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 143317 through 143556 in the amount of$ 938,839.41. 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CO O 0 z W cr > zUHU) E4U)zC7 W U5-1 >a p P DCDU) P G O H •• WUEiaH UHO I P: XWE1H U) U) H U U) Ls Z QOtn › UUUPL, W UHHQ (2; E' E ZQ H o >AN O OH W H XXa a ) Z W MM O W 44 4 U) •• H .>1 ZQa r4 QHHOUHH PH x H HOHH W E H U) HHir:+ W 00 EUZ U) C I- H U HX EA • m < a4Upp Un c)c) w P Z Z z K4 H d1-1 FgZ0 W U) H •• U) P W W H Q W P W P: P: U)XOP: P: C 4 F •. x U)UN P U E4 Fl HHH W W PP:PW UHOHQ >C PL, W U H C) Un ZZOr� r� MPOwr.4 r4UUUUH3C O0H3zr*, ZUnw a �C w a O U W WOZzQHrtHHHH �CFCgCFCFCW W HHr4W WZOZa a U U) a H\ Z Q CDUr-C W U) UaHHUnUUUUZCnr4u)a3CnUHUH1.4 g WU Z U 4 Ga O H Q Q I H a Cr)\ 1 HHN d' N Ul O H VO N H Ul O FA 4-1 N M dI 01 H N H O M d' h H x x i x a' O W G a I HNN ONNNNMM d' cr cr d' d'VOID VD VDIDUOLDNN CO CO CO O W on I U) O CITY COUNCIL LETTER Meeting of: May 14, 2012 AGENDA SECTION: PUBLIC ORIGINATING DEPARTMENT: CITY MANAGER HEARING PUBLIC WORKS ITEM: ADOPT RESOLUTION 2012-053 BY: Kevin Hansen/Kathy Young BY: BEING A RESOLUTION LEVYING AND DATE: 5/9/2012 DATE: ADOPTING THE ASSESSMENT FOR ALLEY LIGHT AREA NO. 677-44 Background: On April 23, 2012, the City Council established a Public Hearing for the formal consideration of assessing an alley light to benefited properties, as requested by petition. The proposed light is located on the pole between 4824 and 4828 5th Street. The petition is to retain the existing nightwatch light. There are 8 parcels included in the assessment. All eight property owners signed the petition in favor of retaining the alley light. Currently, the monthly cost to each of the benefiting homeowners is $1.00 per month. This cost may increase with increases in the electric rates. Recommended Motion: Move to close the public hearing and waive the reading of Resolution 2012-053, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2012-053,being a Resolution levying and adopting the assessment for Alley Light Area No. 677-44. Attachment: Resolution 2012-053 Notice of Public Hearing Map COUNCIL ACTION: 99 RESOLUTION 2012-053 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR ALLEY LIGHT AREA NO. 677-44 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement will be made, and ratifying and confirming all other proceedings, heretofore had: Special Assessment for alley light area numbered 677-44. WHEREAS,the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 14th day of May, 2012, in the City Council Chambers, 590 40th Avenue N.E. Columbia Heights, Minnesota,being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS,this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as"Assessment Roll for Local Improvements"numbered 677-44 for alley lighting, a copy of which is attached hereto and made a part hereof. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Xcel Energy Company. Section 3. That the assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. Section 4. This resolution shall take effect immediately upon its passage. Passed this 14th day of May 2012. CITY OF COLUMBIA HEIGHTS Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 100 ASSESSMENT ROLL FOR LOCAL IMPROVEMENTS ALLEY LIGHT: 677-44 PIN ADDRESS 26-30-24-31-0052 4832 5th Street NE 26-30-24-31-0053 4828 5th Street NE 26-30-24-31-0054 4824 5th Street NE 26-30-24-31-0055 4820 5th Street NE 26-30-24-31-0056 4816 5th Street NE 26-30-24-31-0063 4817 4th Street NE 26-30-24-31-0064 4825 4th Street NE 26-30-24-31-0065 4829 4th Street NE 101 CITY OF COLUMBIA HEIGHTS NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Columbia Heights,Minnesota has determined the following Public Hearing be held on Monday,May 14,2012,at 7:00 P.M.in the City Council Chambers,590 40th Avenue N.E.to consider: ASSESSMENT AREA 677-44 PROJECT NO. 1208 • Installation and maintenance of one(1)protective nightwatch light,on the pole between 4824 and 4828 5th Street. • At this time the annual cost is$12.00 per parcel. The cost may increase with increases in the electric utility rate. • This special assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. PARCELS PROPOSED TO BE ASSESSED: Said alley light installation is to be considered pursuant to Minnesota Statutes,Chapter 429. The installation and maintenance is to be specially assessed on a unit basis against properties abutting the alley and listed below. The parcel numbers represent the tax parcel identification numbers. To find your tax parcel number,check your real estate tax statement. 26-30-24-31-0052 26-30-24-31-0054 26-30-24-31-0056 26-30-24-31-0064 26-30-24-31-0053 26-30-24-31-0055 26-30-24-31-0063 26-30-24-31-0065 Persons desiring to be heard with reference to the proposed installation will be heard at said time and place of the public hearing. Written or oral objections will be considered at the public hearing. ADOPTION OF PROPOSED SPECIAL ASSESSMENT Notice is hereby given that the purpose of this Public Hearing is also to adopt assessment roll 677-44,for the area of alley lighting. The proposed assessments are to be levied pursuant to Minnesota Statutes,Chapter 429. The City Council may levy and adopt special assessments that are the same or different than the proposed amount. ASSESSMENT ROLL AVAILABLE FOR INSPECTION The proposed assessment roll is now on file for public inspection at the City of Columbia Heights Clerk's Office,590 40th Avenue NE,Columbia Heights,Minnesota. You are invited to examine the assessment roll prior to the hearing during business hours;no appointments are necessary. The assessment roll will also be available for examination at the hearing. OBJECTIONS AND APPEALS Written and oral objections will be considered at the hearing. The City Council may adopt the assessments at the hearing or at a subsequent meeting. Minnesota Statute,Section 429.061,states that no appeal may be taken as to the amount of the assessment unless a written objection, signed by the affected property owner,is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statute, Section 429.081,by serving notice of the appeal upon the Mayor or the Clerk of the City within thirty(30)days after the adoption of the assessment and filing such notice with the District Court within(10)days after service upon the Mayor or the Clerk. ACCOMODATIONS 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 handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 763-706-3611 to make arrangements. (TDD/763-706-3692 for deaf only.) CITY OF COLUMBIA HEIGHTS WALTER FEHST CITY MANAGER Published in Focus on April 26,2012 and May 3,2012 102 y z N U h a� �0 = Z a W w N 1 (n ` 2 Z � -� ¢z Nc (6 O J (/) w 2 rn z- = o a. i (/) .--• 4- 0 N "P. _,W Q Y ° E O W °� — J /) _, 0 x a) JW m � • u z m3 • UU` mm ± ' C7 ID ion w cr) f� r cr-o 1. r 1� I cr7 v7 r O 0 fit) LL) d' d' M N N r r 0 0 n O 0) 0) 00 CO CO CO CO CO CO CO CO CO CO ti V' d' d' it d' d' d' d' d' d' d' d' d' d' IS H19 co v 0 00 N CO 0 d' CO 0 CO N CO CO 0 CO O o 0 fit) O d' d' M N N r r 0 0 0 O d' 0) 0) 0) CO CO CO CO CO co co 00 co co co 00 N ti V V V V d' d' d' d' d' d' d' d' d' d' d' O V � — I a 1— to Ct) r a) O r ts) Co) ti M 0) CO 0) ti CO r ti 00 O O, O O 0 it) O V V M CO N N r r r r O Lt) d 0) 0) 0) CO CO CO CO CO co CO CO CO CO CO CO CO J ti N V V V d' d' d' d' d' d' d' d' d' d' d' d' d' d' d 1S H19 co d' 0 00 d' CO N CO d' 0 CO d' CO 0 CO N CC O 0 0 fit') d' M M N N N r r 0 0 fit) Lt) d 0) 0) C) CO CO CO CO CO CO 00 CO CO CO CO ti N. N d' d' d' d' d' d' d' d' d' d' d' d' d. d. d' d' d - O r tt) K) N. 0) LO N. 0) O N- CO a 0 0 ID d' M N N r 0 O Co) it) O d ) 0) 0) 00 CO CO 00 CO CO CO CO 0 N. ti N I' Cr 1 gzr gcr 41' d. d• d• d• d• d• .l V d• d 1S Hi CO 0 CO 0 CO 0 CO N CO V 0 CO N CO d' 0 CO N CC 0 0 O O d' d' Co) Co) N N N r r 0 0 0 O O 'I 0) 0) CO CO CO 00 CO CO CO CO CO CO CO CO CO CO N. ti N V' d' d' d' d' d' d' d' d' d' d' d' d' d' d' d' d' d' Ti COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: May 14, 2012 AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Adopt Resolution 2012-049 being BY: Jeff Sargent, City Planner BY: Resolution for the Approval of a DATE: May 2, 2012 Conditional Use Permit for outdoor storage located at 3841 —3rd Street NE. BACKGROUND: The applicant,Casto Vazquez,has recently purchased the property at 3841 —3rd Street and currently runs his roofing business from there. As part of his operations, he stores palettes of shingles on site. Staff was called out to the property based on a complaint that the palettes shingles were being stored on site in plain view. When it was determined that the property was being used improperly for outdoor storage of materials, Staff contacted Mr. Vazquez and informed him that a Conditional Use Permit (CUP)would be required and that all storage materials would need to be stored behind a fence in the rear of the property. At this time, the applicant is requesting a Conditional Use Permit for outdoor storage per Code Section 9.111 (D)(3)(c). As part of the approval, Mr. Vazquez will have to comply with the minimum requirements for outdoor storage as outlined in the conditions. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on May 1, 2012. The Planning Commission recommended approval of the Conditional Use Permit with a 3-0 vote. RECOMMENDED MOTION: MOTION: Move to waive the reading of Resolution 2012-049, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2012-049, approving the Conditional Use Permit for outdoor storage at 3841 —3rd Street NE, subject to the conditions outlined in Resolution No. 2012-049. Attachments:Resolution 2012-049;P+Z Memo;Location Map COUNCIL ACTION: 104 RESOLUTION NO. 2012-049 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR CASTO VAZQUEZ C. TO ALLOW OUTDOOR STORAGE AT 3841 —3RD ST NE IN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA WHEREAS, a proposal (Case#2012-0502) has been submitted by Casto Vazquez C. to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3841 —3rd Street NE University Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.111 (D)(3)(c), to allow outdoor storage of materials in the I-1, Light Industrial District at the property located at 3841 —3rd Street NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on May 1, 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 105 Resolution No. 2012-049 Page 2 streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect,when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER,BE IT RESOLVED,that the attached conditions,maps, and other information shall become part of this permit and approval;and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The outdoor storage area shall be accessory to a commercial or industrial use. 2. Outdoor storage within the public right of way is prohibited. 3. All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. 4. Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure. 5. The storage area shall be fenced and screened from adjacent uses and the public right-of- way. Required screening shall consist of a fence,wall, earth berming and/or vegetation no less than six feet in height and no less than 80% opaque on a year-round basis. 6. All goods, materials and equipment shall be stored on an impervious surface. 7. All goods,materials and equipment shall be stored in an orderly fashion,with access aisles of sufficient width to accommodate emergency vehicles as needed. 8. The height of materials stored,excluding operable vehicles and equipment,shall not exceed the height of the screening provided. 9. The applicant shall stripe the parking area in front of the business in accordance with the minimum requirements of the Zoning Code. The applicant shall store no more vehicles or trailers in the parking lot area than the number of parking spaces provided. Passed this 14''day of May, 2012 106 Resolution No. 2012-049 Page 3 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 107 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2012-0502 DATE: May 1, 2012 TO: Columbia Heights Planning Commission APPLICANT: Casto Vazquez C. LOCATION: 3841 — 3rd Street NE REQUEST: Conditional Use Permit for Outdoor Storage PREPARED BY: Jeff Sargent, City Planner INTRODUCTION The applicant, Casto Vazquez, has recently purchased the property at 3841 — 3rd Street and currently runs his roofing business from there. As part of his operations, he stores palettes of shingles on site. Staff was called out to the property based on a complaint that the palettes shingles were being stored on site in plain view. When it was determined that the property was being used improperly for outdoor storage of materials, Staff contacted Mr. Vazquez and informed him that a Conditional Use Permit (CUP) would be required and that all storage materials would need to be stored behind a fence in the rear of the property. At this time, the applicant is requesting a Conditional Use Permit for outdoor storage per Code Section 9.111 (D)(3)(c). COMPREHENSIVE PLAN The property is guided for Industrial use. The outdoor storage of materials in conjunction with the use of the property is consistent with the intent of the Comprehensive Plan. ZONING ORDINANCE The property is zoned I-1, Light Industrial, as are the properties to the south. The properties to the north are zoned GB, General Business, the properties to the west are zoned R-3, Multiple Family Residential, and the properties to the east are zoned MXD, Mixed Use Development. 108 City of Columbia Heights Planning Commission May 1, 2012 CUP — Casto Vazquez C. Case # 2012-0502 Outdoor storage of materials is specifically listed as a Conditional Use in the I-1, Light Industrial District. However, upon inspection of the property, it was determined that some upgrades would be needed in order for the property to comply with the minimum development standards for properties utilizing outdoor storage, including: 1. The perimeter fence appeared to be six feet in height, but was not a minimum of 80% opaque in all areas, especially along the south property line. 2. The area used for the outdoor storage of materials was not hard surfaced. 1 i; 1 gm' L • The applicant stated that he would store all the palettes of shingles in the two on-site buildings but would need to store some materials outdoors when sorting through the inventory or accepting new inventory on a daily basis. A subsequent inspection of the property revealed that all shingles previously stored outdoors had been placed in the buildings. Aside from the shingles, there were other materials stored outdoors that would require the CUP. 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. Outdoor storage is specifically listed as an acceptable Conditional Use in the 1-1, Light Industrial District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. Page 2 109 City of Columbia Heights Planning Commission May 1, 2012 CUP - Casto Vazquez C. Case # 2012-0502 The property is guided for Industrial use. The outdoor storage of materials in conjunction with the use of the property is consistent with the intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. If properly screened from neighboring properties, the proposed use should not cause an hazards or disturbing influences on neighboring properties. (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. The use will be subject to the Specific Development Standards as outlined in the Zoning Code for outdoor storage. (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. 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. Page 3 110 City of Columbia Heights Planning Commission May 1, 2012 CUP - Casto Vazquez C. Case # 2012-0502 RECOMMENDATION Staff recommends that the Planning Commission approve the proposed Conditional Use Permit for outdoor storage for the property located at 3841 — 3rd Street NE. Motion: That the Planning Commission recommends that the City Council approve the Conditional Use Permit for outdoor storage for the property located at 3841 — 3rd Street NE, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The outdoor storage area shall be accessory to a commercial or industrial use. 2. Outdoor storage within the public right of way is prohibited. 3. All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. 4. Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure. 5. The storage area shall be fenced and screened from adjacent uses and the public right-of-way. Required screening shall consist of a fence, wall, earth berming and/or vegetation no less than six feet in height and no less than 80% opaque on a year-round basis. 6. All goods, materials and equipment shall be stored on an impervious surface. 7. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. 8. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. 9. The applicant shall stripe the parking area in front of the business in accordance with the minimum requirements of the Zoning Code. The applicant shall store no more vehicles or trailers in the parking lot area than the number of parking spaces provided. ATTACHMENTS • Draft Resolution • Location Map • Applicant letter Page 4 111 ._ . .. E----), 11110(..;, N. i. ..:, 4..., : _... Li AriPs, F—lip 1 1 IIItii P 1 _ - , '' . V . 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BACKGROUND: At this time, the applicant is requesting a 4.5-foot side yard setback variance for a parking lot, per Code Section 9.111 (C). The City's Zoning Code requires that all parking lots in the I-1,Light Industrial District be no closer than 5 feet from the side property line. Due to dimensional constraints on the property, the applicant is placing the proposed parking lot 0.5 feet from the side property line, thus requiring a 4.5-foot side yard setback variance. The applicant will be utilizing the building for office and warehousing. The City Code requires 1 parking stall for each 300 square feet of office space and 1 parking stall for each 3,000 square feet of warehousing. The building has 1,500 square feet of office and 4,500 square feet of warehouse,requiring 7 parking stalls. Currently, the property utilizes approximately 11 parking stalls along the south side of the building,all of which are legally non-conforming for setbacks. The applicant would like to accommodate more parking on the property by constructing a 6-stall parking lot along the west side of the building. Staff feels that the property is being put to a reasonable use with the request of the variance. The location of the proposed parking lot will also not conflict with any abutting property owners. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on May 1, 2012. The Planning Commission recommended approval of the proposed variance with a 3-0 vote. RECOMMENDED MOTION: MOTION: Move to waive the reading of Resolution 2012-050, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2012-050, approving the 4.5-foot side yard setback variance for the construction of a parking lot located at 81 — 38th Avenue NE, subject to the conditions outlined in Resolution No. 2012-050. Attachments:Resolution 2012-050;P+Z Memo;Location Map;Application materials COUNCIL ACTION: 114 RESOLUTION NO. 2012-050 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR MILLIE KEWATT WHEREAS, a proposal (Case # 2012-0503) has been submitted by Millie Kewatt to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 81 —38th Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 4.5-foot side yard setback variance for parking per Code Section 9.111 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December May 1, 2012; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health,safety,and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic,property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings,or the shape,configuration,topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. 115 Resolution No. 2012-050 Page 2 FURTHER,BE IT RESOLVED,that the attached plans,maps,and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONIDTIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The applicant shall agree to remove any portion of the driveway at the owner's expense in the event that the City would need to gain access to the utility and drainage easement on which the driveway is located. Passed this 14th day of May, 2012 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 116 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2012-0503 DATE: May 1, 2012 TO: Columbia Heights Planning Commission APPLICANT: Millie's Dream / Millie Kewatt LOCATION: 81 — 38th Avenue NE REQUEST: 4.5-foot Side Yard Setback Variance for Parking PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the applicant is requesting a 4.5-foot side yard setback variance for a parking lot, per Code Section 9.111 (C). The City's Zoning Code requires that all parking lots in the I-1, Light Industrial District be no closer than 5 feet from the side property line. Due to dimensional constraints on the property, the applicant is placing the proposed parking lot 0.5 feet from the side property line, thus requiring a 4.5-foot side yard setback variance. It should be noted that a vacation of the existing California Street right-of-way was conducted in the 1990s. The result of the vacation gave an additional 30 feet of land to the subject property. Upon review of the area, it was discovered that there are some city utilities along the right-of-way, but they are buried deep enough to accommodate the construction of a parking lot. ZONING ORDINANCE The property at 81 — 38th Avenue is zoned I-1, Light Industrial, as are the properties to the west and south. The properties to the east are zoned R-3, Multiple Family Residential, and the property to the north is zoned PO, Public and Open Space (Lomianki Park). The applicant will be utilizing the building for office and warehousing. The City Code requires 1 parking stall for each 300 square feet of office space and 1 parking stall for each 3,000 square feet of warehousing. The building has 1,500 square feet of office and 4,500 square feet of warehouse, requiring 7 parking stalls. Currently, the property utilizes approximately 11 parking stalls along the south side of the building, all of which 117 City of Columbia Heights Planning Commission May 1, 2012 81 - 38th Avenue - Parking Setback Variance Case # 2012-0503 are legally non-conforming for setbacks. The applicant would like to accommodate more parking on the property by constructing a 6-stall parking lot along the west side of the building. City Code requires parking areas to be no closer than 20 feet from the front property line, and 5 feet from the side and rear property lines. The parking stalls need to be a minimum of 9 feet wide and 18 feet deep when abutting a curb, and the drive aisle width to access the parking stalls can be no less than 24 feet in width. The applicant originally wanted to have a 7-car parking lot, but was told that additional setback variances would be needed because of the space constraint on the property. When the plans were revised, it was noted that the drive aisle width would push the parking lot area to within 0.5 feet from the side property line. 7 kid/et/94 J . i _ r o•'4„ _ COMPREHENSIVE PLAN The Comprehensive Plan guides this area as industrial. A variance to allow more parking to accommodate an existing use is consistent with the intent of the Comprehensive Plan. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. Page 2 118 City of Columbia Heights Planning Commission May 1, 2012 81 - 38th Avenue - Parking Setback Variance Case # 2012-0503 More parking is needed on the property in order to suffice the business. The only location where a parking lot may be located is not large enough to support the dimensional criteria for parking stalls and a drive aisle. The applicant is proposing to use the property in a reasonable manner, but is required to first receive a variance to do so. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The conditions upon which the variance is based are a function of the placement of the building on the property in relation to the property lines. While this might not be a specifically unique situation in the City, this is not an occurrence that happens often on industrially zoned parcels. c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. The provisions of the Code require a certain dimensional criteria for parking spaces and drive aisle widths. In order to comply with these requirements, the parking lot had to be shifted towards the side property line. For this reason, the provisions of the Code caused the practical difficulties in this matter. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area as industrial. A variance to allow more parking to accommodate an existing use is consistent with the intent of the Comprehensive Plan. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The proposed placement of the parking lot is next to a City park and unused property. In no way would the use of the parking lot be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property in the vicinity. RECOMMENDATION Staff recommends approval of the 4.5-foot side yard setback variance for the construction of a parking lot because the practical difficulties surrounding the property justify the proposed location of the parking area. Page 3 119 City of Columbia Heights Planning Commission May 1, 2012 81 - 38th Avenue - Parking Setback Variance Case # 2012-0503 Motion: That the Planning Commission recommends that the City Council approve the 4.5-foot side yard setback variance for a parking lot, per Code Section 9.111 (C) of the City Code, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The applicant shall agree to remove any portion of the driveway at the owner's expense in the event that the City would need to gain access to the utility and drainage easement on which the driveway is located. 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X e�.p p►.►►.. �•..4...'0► ......,v," v*. ° p 1 OiO•�s►*►i�►i��:��:e►ti►��►► h Z�« si ►► ► g 2 mu oa —.T_ tit.:**?:: i � •► rEl ® �.,, y Kg a 4" Z � \ _ _ \ c:,.-: ` e \a - a o 3 _ a i ,. . ^1 Fri 1 t • ::, al N a;.� II' —� I 1_,_. ---r_ gat" !- -s' = 4 3 y. $ I I 1 Ri Rear @%zg®e®oo• R A' 'ill, iazzo4"� illi Nri g� ^ HHHHHHHHHHHHHHHA� �{ y x ° of rm oq ° 1 oI °g^ gm FO�� -'=y1z o O a F iil agm rgr6s a �i � - x o p N ° F $s i 1,4 a D A co 6 = c. y m ,24 CITY COUNCIL LETTER Meeting of: May 14, 2012 AGENDA SECTION: ORDINANCES AND ORIGINATING CITY RESOLUTIONS DEPARTMENT: MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: FIRST READING OF ORDINANCE BY: CHARTER BY: 171—,117/ 7 -0"1'V NO. 1607, AN ORDINANCE COMMISSION DATE: PERTAINING TO CHAPTER 4, DATE: 5-10-12 SECTIONS 33 & 34,NOMINATIONS & ELECTIONS NO: In April,the City Clerk presented a change to the Charter Commission to amend the City Charter section relating to elections; specifically, write-in candidates. This amendment request is to create a new section in Chapter 4 (Section 33),entitled"Write-In Candidates".The intent is to add a section to the Charter requiring general election write-in candidates to file a written request to have their votes counted with the City Clerk no later than seven days prior to the general election. Write-in candidates that do not file with the City Clerk by this time will have their votes counted collectively as votes for a single candidate. The requested language and information was obtained from the City of Blaine that just passed this same amendment to their Charter.It would translate to Chapter 4,Section 33 of our Charter(see attached recommended Ordinance). A significant amount of election close-out time is spent recording individual write-in candidate names. Unfortunately, some voters think it is important to write-in their own name or favorite cartoon character in multiple races. This amendment would eliminate the requirement to record every name, for every office, individually. It would allow only pre-registered write-in candidates to be recorded individually.This,in no way, deters a voter's privilege to cast a write-in vote. The Charter Commission has held two readings on this proposed change (on April 19 and May 10, 2012). This will allow the proper time line for the City Council to hold two readings and, if passed, the 90 days for the amendment to go into effect and be in place for General Election this November. RECOMMENDED MOTION: Move to waive the reading of the ordinance,there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1607,being an ordinance amending Chapter 3, Sections 33 and 34 of the Charter of the City of Columbia Heights for May 29, 2012, at approximately 7 p.m. in the City Hall Council Chambers. COUNCIL ACTION: 123 ORDINANCE NO. 1607 BEING AN ORDINANCE AMENDING CHAPTER 4, NOMINATIONS AND ELECTIONS, SECTIONS 33 AND 34 OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Section 1: Chapter 4, Sections 33 and 34 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 33. CANVAS OF ELECTIONS. The council shall meet and canvas the election returns within seven days after any regular or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the city clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with an indication of those who were elected; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The city clerk shall forthwith notify all persons elected of the fact of their election. (Ordinance No. 1597,passed on May 9,2011) Section 34. PROCEDURE AT ELECTIONS. The conduct of elections shall be regulated by ordinance, subject to the provisions of this charter and of the General Laws of Minnesota. IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 33. WRITE-IN CANDIDATES. A write-in candidate who wants their write-in votes to be counted in the general election must file a written request with the City Clerk no later than seven(7) days before the general election. All write-in votes cast for candidates who have not filed a written request to have these votes counted shall be treated collectively as votes for a single candidate. Section 33 34. CANVAS OF ELECTIONS. The council shall meet and canvas the election returns within seven days after any regular or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the city clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with an indication of those who were elected; (d) a true copy of the ballots used; (e)the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The city clerk shall forthwith notify all persons elected of the fact of their election. (Ordinance No. 1597,passed on May 9,2011) 124 Section 34. 35. PROCEDURE AT ELECTIONS. The conduct of elections shall be regulated by ordinance, subject to the provisions of this charter and of the General Laws of Minnesota. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: May 14, 2012 Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk/Council Secretary 125