HomeMy WebLinkAbout01/14/2013 Regular Meeting CITY OF COLUMBIA HEIGHTS M yor
Gary L.Peterson
590 40"Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Councilmembers
Visit our website at:www.c1 columbia-heiehts.mmus Robert A. Williams
Bruce Nawrocki
Tammera Diehm
Donna Schmitt
City Manaeer
Walter R.Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on
Monday,January 14, 2013 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia
eights, MN.
The City ofColumbia Heights does not discriminate on the basis of isa i ity in the admission or access to, or
treatment or employment in, its services,programs, or activities. Upon request, accommodation will be provided
to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and
activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96
hours in advance. Please call the City Clerk at 763-706-3611,to make arrangements. (TDD/706-3692 for deaf or
hearing impaired only)
1. CALL TO ORDER/ROLL CALL/INVOCATION
Invocation by Pastor Dan Thompson, Heights Church
2. OATH OF OFFICE/PLEDGE OF ALLEGIANCE
Oath of Office - Councilmember Robert "Bobby" Williams, Councilmember Bruce Nawrocki, and
Mayor Gary Peterson.
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
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 the minutes of the December 10 2012 Council Meeting Pg 6
MOTION: Move to approve the minutes of the December 10,2012 Council Meeting.
B. Accept Board and Commission Meeting Minutes
MOTION: Move to accept November 7, 2012 minutes of the Library Board. Pg3 4
MOTION: Move to accept January 4, 2013 minutes of the Planning and Zoning Commission. Pg3 6
C. Designate 2013 Official Legal Newspaper for the City of Columbia Heights Pg4 3
Motion: Move to designate the Sun Focus Newspaper as the 2013 Official Legal Newspaper for
the City of Columbia Heights.
D. Adopt Resolution 2013-01, being a Resolution Designating Official Depositories for the City of Pg4 9
Columbia Heights
MOTION: Move to waive the reading of Resolution 2013-01, there being ample copies available
to the public.
3
City Council Agenda
Monday,January 14,2013
Page 2 of 3
MOTION: Move to adopt Resolution 2013-01,being a Resolution Designating Official
Depositories for the City of Columbia Heights.
E. Adopt Resolution 2013-02, being a Resolution to Accept Certain Donations received by the City Pg52
of Columbia Heights
MOTION: Move to waive the reading of Resolution 2013-02, there being ample copies available
to the public.
MOTION: Move to adopt Resolution 2013-02, being a Resolution to Accept Certain Donations
received by the City of Columbia Heights.
F. Appoint Donna Schmitt as Council Liaison for the Mississippi Water Management Organization Pg55
for 2013
MOTION: Move to approve the Mayor's appointment of Donna Schmitt to the Mississippi
Water Management Organization for 2013.
G. Appoint GM Peterson, Bruce Nawrocki, and Bobby Williams to the HRA and EDA vacant Pg5 6
positions
MOTION: Move to approve the Mayor's appointment of Gary Peterson,Bruce Nawrocki and
Bobby Williams to the vacant HRA positions.
MOTION: Move to approve the Mayor's appointment of Gary Peterson, Bruce Nawrocki and
Bobby Williams to the vacant EDA positions.
H. Appoint the Mayor and City Manager to the Columbia Heights Volunteer Firefighters Relief pg5 7
Association board of trustees for 2013
MOTION: Move to appoint the Mayor and City Manager to the Columbia Heights Volunteer
Firefighters Relief Association board of trustees for 2013.
I. Authorize the Mayor and City Manager to enter into a three-year Fire and EMS service contract Pg5 8
with the City of Hilltop
MOTION: Move to authorize the Mayor and City Manager to enter into a three-year Fire and
EMS service contract with the City of Hilltop starting January 1, 2013 and extending through
December 31, 2015.
J. Approval of attached list of rental housing; applications Pg64
MOTION: Move to approve the items listed for rental housing license applications for January
14, 2013 in that they have met the requirements of the Property Maintenance Code.
K. Approve Business License Applications Pg66
MOTION: Move to approve the items on the business license agenda for January 14,2013 as
presented.
L. Establish John P. Murzyn Hall rental rates for 2014 Pg68
MOTION: Move to adopt the 2014 John P. Murzyn Hall rental rates as outlined by the Park and
Recreation Commission at their meeting of December 12,2012.
M. Review Payment of Bills
MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council Pg7 0
4
City Council Agenda
Monday,January 14,2013
Page 3 of 3
has received the list of claims paid covering check number 146143 through 146597 in the
amount of$2,032,448,16.
MOTION: Move to approve the Consent Agenda items.
6. PUBLIC HEARINGS
A. Adopt Resolution 2013-04, 1036 Gould Avenue NE bein.9 a declaration of nuisance and Pg8 5
abatement of violations within the City of Columbia Heights
MOTION: Move to close the public hearing and to waive the reading of Resolution Number
2013-04 there being ample copies available to the public.
MOTION: Move to adopt Resolution Numbers 2013-04 being resolutions of the City Council of
the City of Columbia Heights declaring the properties listed a nuisance and approving the
abatement of violations from the properties pursuant to City Code section 8.206.
B. Approve Resolution 2013-03 Parking Variance for Proposed Daycare at 4347 Central Avenue Pg8 8
MOTION: Move to waive the reading of Resolution 2013-03, there being ample copies available
to the public.
MOTION: Move to approve Resolution 2013-03, approving a variance from certain conditions
of the City of Columbia Heights Zoning Code for property at 4347 Central Avenue.
MOTION: Move to approve shared parking for the proposed daycare with the property to the
south(4329 Central Ave).
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
B. Bid Considerations
C. New Business and Reports
8. ADMINISTRATIVE REPORTS
Report of the City Manager
Report of the City Attorney
9. CITIZENS FORUM
10.ADJOU MEN
T
Walter R. Fehst, City Manager
WF/tal
5
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
MONDAY,DECEMBER 10,2012
THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 P.M.
ON MONDAY,DECEMBER 10,2012 IN THE CITY COUNCIL CHAMBERS,CITY HALL,590 40TH AvENUE N.E.,
COLUMBIA HEIGHTS,MINNESOTA.
1. CALL TO ORDER/ROLL CALL/INVOCATION
Members Present: Mayor Peterson,Councilmembers Schmitt, Deihm and Nawrocki
Members Tardy: Councilmember Williams arrived at 7:30 PM
Malcolm Watson, former Columbia Heights City Manager,gave the invocation.
2. PLEDGE OF ALLEGIANCE- Recited
3. ADDITIONS/DELETIONS TO MEETING AGENDA
Mayor Peterson removed item N,Resolution 2012-154 from the Consent Agenda and moved it to
Items for Consideration.
Nawrocki indicated he attended the DARE program last week and commented on what a great
program it is.
Nawrocki asked for a response from the City Manager in regards to his previous question about
parking along 40"'Avenue and a follow up on contacting the City of Roseville regarding IS services.
He also asked about taking the Oath of Office, thought it should be done before the end of the year.
Fehst stated this is typically done the first meeting in January.
4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION,ANNOUNCEMENTS GUESTS
None at this time
5. CONSENT AGENDA
Nawrocki asked that items C, E, R, and U be removed from the consent agenda for discussion and
asked the City Manager takes extra time on the rest of the items on the agenda.
Motion by Nawrocki, seconded Schmitt,to approve the consent agenda with the exceptions of items
C, E,N, R, and U that were pulled for further discussion.
Upon Vote: All ayes. Motion carried.
Fehst took the council members through the remaining items on the consent agenda.
A. Approve minutes of November 26, 2012 City Council Meeting
Motion to approve the minutes of the November 26, 2012 Council Meeting,
B. Approve Resolution No. 2012-151,being a Resolution Canceling the Regular Scheduled City
Council Meeting of December 24, 2012
Motion to waive reading of Resolution No. 2012-151, being a Resolution Canceling the Regular
6
City Council Minutes
Monday,December 10,2012
Page 2 of 28
Scheduled City Council Meeting of December 24,2012, being ample copies available to the
public.
Motion to approve Resolution No. 2012-151,being a Resolution Canceling the Regular
Scheduled City Council Meeting of December 24,2012.
C. Approve 2013 Council Meeting Calendar-Removed
D. Approve Resolution 2012-150,being a Resolution of a Joint Powers Agreement between Anoka
County,The City of Columbia Heights and School District 13 in Anoka County,to allocate
costs for Election Expenses and authorizing the Management Committee Chair and County
Board Chair to approve minor non-substantive contract changes through the approval process of
the other governmental entities
Motion to waive the reading of Resolution 2012-150,being a Resolution of a Joint Powers
Agreement between Anoka County, The City of Columbia Heights, and School District 13 in
Anoka County, to allocate costs for Election Expenses and authorizing the Management
Committee Chair and County Board Chair to approve minor non-substantive contract changes,
through the approval process of the other governmental entities, there being ample copies
available to the public.
Motion to approve Resolution 2012-150, being a Resolution of a Joint Powers Agreement
between Anoka County, The City of Columbia Heights, and School District 13 in Anoka County,
to allocate costs for Election Expenses and authorizing the Management Committee Chair and
County Board Chair to approve minor non-substantive contract changes through the approval
process of the other governmental entities.
E. Reinstatement of Royalty Program - Removed
F. Accept Minutes Board and Commission meeting minutes
Motion to accept the December 4, 2012 minutes of the Planning and Zoning Commission.
G. Authorize School Liaison Officer Agreement with CH School District for 2013
Motion to authorize the Mayor and Police Chief to enter into a Joint Powers agreement with
Columbia Heights Public Schools for the provision of a Police School Liaison Officer program
as stipulated in the Joint Powers Agreement for the period of January 1, 2013 through December
31, 2013.
H. Authorize Mayor and City Manager to enter into Contract for Police Service with the City of
Hilltop
Motion to authorize the Mayor and the City Manager to enter into a Police Service Contract with
the City of Hilltop starting January 1, 2013 and extending through December 31,2015 at the
rates specified in the contract.
I. Approve Transfer of Funds for Grant Reimbursement and Overtime Details from General Fund
to Police Department Overtime line item
Motion to transfer the following from the General Fund to the Police Department 2012 Budget,
line item 1020 Overtime:
(1) The $4,760.59 received as reimbursement under the Safe and Sober grant(TZD), and
7
City Council Minutes
Monday,December 10,2012
Page 3 of 28
(2) the $2,000.00 received as AHDTF overtime, and
(3) the $930.00 received from Anoka County as reimbursement for detox transports, and
(4) the $3,353.37 received from School district#13 for providing security at CHHS football
games, and
(5) the$83.00 received from ICS for providing traffic assistance at their marathon, and
(6) the $386.00 received from 612 Interactive for providing security at an event at the Heights
Theater.
J. Adopt Resolution 2012-157, being a Resolution authorizing the Fire Department to apply for the
Fire and Rescue Shared Services Feasibility Study Grant
Motion to waive the reading of Resolution No. 2012-157, there being ample copies available to
the public.
Motion to Adopt Resolution No. 2012-157,being a Resolution authorizing the Columbia
Heights Fire Department to apply for the Fire and Rescue Shared Services Feasibility Study
Grant.
K. Approval of the attached list of rental housing licenses
Motion to approve the items listed for rental housing license applications for December 10, 2012
in that they have met the requirements of the Property Maintenance Code.
L. Resolution 2012-156 Adopting Snow And Ice Control Policy
Motion to waive the reading of Resolution No. 2012-156,there being ample copies available to
the public.
Motion to approve and adopt Resolution No. 2012-156,being a resolution adopting the 2012-
2013 Snow and Ice Control Policy for the City of Columbia Heights.
M. Approve Business License Applications
Motion to approve the items as listed on the business license agenda for December 10, 2012 as
presented.
N. Resolution 2012-154 approving a site plan for 4001 University Avenue NE—moved to Items
for Consideration.
O. Resolution 2012-152 authorizing CDBG grant application for demolition at 3927 Central
Avenue NE
Motion to waive the reading of Resolution 2012-152,there being ample copies available to the
public
Motion to approve Resolution 2012-152, authorizing staff to apply for CDBG funds for
demolition of 3927 Central Avenue NE.
P. Resolution 2012-153 Application of DEED grant for Demolition at 3927 Central Avenue NE
Motion to waive the reading of Resolution 2012-153 there being ample copies available to the
public.
Motion to approve Resolution 2012-153 authorizing submittal to DEED for 2013 grant funds for
demolition at 3927 Central Avenue NE.
8
City Council Minutes
Monday,December 10,2012
Page 4 of 28
Q. Approve Final Payment for City Hall Boiler Improvements Project No 1207
Motion to approve and accept the work for the City Hall Boiler Improvements, City Project No.
1207, and authorize final payment of$7,691.00 to Horwitz NSlI Mechanical Construction
Service of New Hope,Minnesota.
R. Approve Final Compensating Change Order and Authorize Final Pa ment for Gatewa
Pedestrian Bridge, Project No. 0906 -Removed
S. Approve Final Compensating Change Order and Authorize Final Payment for Ramsdell Park
Improvements, Project No. 1106
Motion to approve the final compensating change order and accept the work for Ramsdell Park
Improvements, City Project No. 1106, and authorize final payment of$10,237.26 to C. Mogren
of Hugo, Minnesota.
T. Approve Final Compensating Change Order and Authorize Final Payment for 2011 Street
Rehabilitation—Zone 6, Project No. 1102
Motion to approve the final compensating change order and accept the work for 2011 Street
Rehabilitation,Zone 6, City Project No. 1102, and authorize final payment of$34,627.50 to C &
L Excavating, Inc. of St. Joseph, Minnesota.
U. City-Wide Water Distribution Model Update-Removed
V. Adopt Resolution 2012-158 Establishing Senior Citizens or Retired&Disabled Persons
Hardship Special Assessment Deferral
Motion to waive the reading of Resolution No. 2012-158, there being ample copies available to
the public.
Motion to adopt Resolution No. 2012-158, being a resolution establishing a new maximum
income of$31,700.00 for senior or retired and disabled persons to be eligible for special
assessment deferral.
W. Adopt Resolution 2012-159,being a resolution updating the income limit for senior citizen
utility rates.
Motion to waive the reading of Resolution 2012-159, there being ample copies available to the
general public.
Motion to adopt Resolution 2012-159, being a resolution updating the income limit for senior
citizen utility rates.
X. Payment of 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 145982 through 146142 in the amount of
$4,445,224.95.
Item C (removed from consent), Discussion on 2013 Council Meeting Calendar
Nawrocki felt that we should not cancel the second meeting in December 2013 and stated the
meeting should be put back on the calendar. Schmitt replied,we can always reschedule it if need
9
City Council Minutes
Monday,December 10,2012
Page 5 of 28
be.
Motion by Diehm, seconded by Schmitt, move to approve the 2013 Council Meeting Calendar
as presented.
Upon vote: Schmitt, aye;Nawrocki,nay; Peterson, aye; Diehm, aye; 3 ayes, 1 nay. Motion
carried.
Item E (removed from consent). Discussion on Reinstatement of Royalty Program.
Nawrocki asked where the$5000 was going to come from and what it will cover. Fehst stated
that it would be in the fund balance and it is up to $5000 that is requested for use for a float and
startup costs.Nawrocki asked will the expense of the new trailer be taken from this $5000. Fehst
stated yes, $1200 would be what is left after the sale of the old trailer and that would come out of
the $5000. Williams stated he feels that the royalty program should be a program that never
stops and we should be honored to have it.Nawrocki expressed his concern with the lack interest
out there for the program with the economy being the way it is. Peterson indicated this is being
brought forward by the residents.
Deb Meyers, 7924 W. River Road, Brooklyn Park, indicated the program is essential to the
residents of Columbia Heights and feels that the lack of interest, as indicated by Nawrocki, could
be because of a lack of leadership in the program. When it was brought up to the schools, the
excitement was there. The advantages of having a program and float are that you represent your
community in other area parades and this draws people to our community.
Motion by Deihm, seconded by Schmitt, move to reinstate Royalty Program in Columbia
Heights with startup costs up to$5,000.
Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki,nay; Peterson, aye; 4 ayes, 1
nay. Motion carried.
Item N (removed from consent and placed on Items for Consideration)
Resolution 2012-154 approving a site plan for 4001 University Avenue NE
Mayor Peterson opened the Public Hearing to discuss item N, Resolution 2012-154, approving a
site plan for 4001 University Avenue NE.
Sheila Carney, stated a gas station is looking at going in on the corner of 40th Avenue and
University, where the previous gas station burned down. The Planning and Zoning Commission
approved the site plan with additional conditions on December 4th. The applicants are going to
use same building pad, keep the fence between the residential areas, have adequate screening,
and are closing one of the two accesses on 4e Avenue. The Engineering Department has
reviewed and accepted the site plan with additional conditions: One being,they would like an
eight foot fence as opposed to the existing six foot fence, which will require a conditional use
permit. Second being, that the applicant remove metal siding from their plan, as this is not an
approved material for businesses along 40a'Avenue. Diehm asked what the applicants response
was to installing an eight foot fence. Carney indicated that applicant was fine with it and would
come back for a variance.Nawrocki wanted to know what the requirement for windows was and
if it was met. Carney stated it was twenty and thirty percent and the applicant has met those
10
City Council Minutes
Monday,December 10,2012
Page 6 of 28
requirements. Nawrocki asked what was being done about the complaints from the neighborhood
on safety issues. Carney indicated the applicant is proposing to position their counter in a way
that they will be able to see both 40th Avenue and University and will work with the city on
enforcement issues. Schmitt asked if the reason for the higher fence was to protect the neighbors.
Carney stated it was the Planning Commissions way of dealing with the loitering and to add a
little more separation from the residential area.
Loay Abukhdair, applicant for gas station, expressed his concerns to the council with having
only one entrance to the building. He stated he is very flexible and willing to work with the city
as to what is best.
Motion by Diehm, seconded by Williams,move to approve Resolution 2012-15, approving a site
plan for the construction of a new gas station at 4001 University Avenue NE.
Peterson questioned the necessity to have them add an eight foot fence. Requiring an eight foot
fence is an added burden on the property owner. Schmitt asked why they cannot have metal
siding. Carney stated the Planning Commission thought it was too industrial looking and is not
allowed within our design standards.
Motion by Diehm, seconded by Williams,to amend Resolution 2012-154, to approve the site
plan for 4001 University with the exclusion of item number ten requiring an eight foot fence.
Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki,nay; Peterson, aye; 4 ayes, 1
nay. Motion carried.
Motion by Diehm, seconded by Williams, move to approve Resolution 2012-15, approving a site
plan for the construction of a new gas station at 4001 University Avenue NE as amended.
Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye; 5 ayes.
Motion carried.
Peterson closed the Public Hearing to discuss the remaining items that were pulled from the
consent agenda.
Item R(removed from consent)Discussion Final Compensating Change Order and
Authorizing Final Payment for Gateway Pedestrian Bridge, Project No. 0906.
Nawrocki asked if this represents an increase for the cost of the bridge. Hansen stated the final
numbers for the bridge were all under the original contract that was awarded. Nawrocki wanted
to know how much the federal grant was for. Hansen indicated it was for 1.9 million dollars.
Furthermore, with the change order that was submitted to council, the final contract amount is
still under budget by$8,000.
Motion by Williams, seconded by Schmitt,move to approve Final Compensating Change Order
and Authorizing Final payment for Gateway Pedestrian Bridge, Project No. 0906.
Upon vote: All ayes. Motion carried.
Item U (removed from consent)Discussion on City Wide Water Distribution Model Update
11
City Council Minutes
Monday,December 10,2012
Page 7 of 28
Motion by Diehm, seconded by Williams,Acceptance of Water Distribution report by Bolton&
Menk dated December 2012.
Upon vote: All ayes, Motion carried.
Nawrocki asked what we are authorizing by accepting this report and what are the costs
associated with it. Hansen clarified to the council that there are two recommended motions
before them tonight from staff. One is to accept the report as an update to the existing water
model and two; to take one element out of the recommendations in the report and authorize staff
to start the preparation of plans and specs. One of the critical elements that were found when
doing site work was an abandoned PRV value that was found to be badly deteriorated inside the
PRV vault. It is very critical to fix this valve now and not wait until 2013.
Motion by Diehm, seconded by Williams, to authorize for preparation of plans and specification
for the replacement of piping in the PRV vault and new mainline valving at Water Pumping
Station 2.
Upon vote: All ayes. Motion carried.
6. PUBLIC HEARINGS
Administrative Penalties for Liquor License Violations
Clark stated that during alcohol compliance checks that were done on July 19, 2012,there were
four businesses that were found to be in non-compliance. The city has since adopted a policy on
Administrative Penalties for Liquor License Violations,but this does not take effect for thirty
days from its adoption on November 26, 2012. Staff recommends that we move into the system
we are establishing, but slightly modify it for these violations. Nawrocki asked for clarification
between a fine and a penalty. Diehm stated she was concerned with the fact that staff is
recommending no fine for La Casita and for Puerta del Sol. Clark stated the council could
impose a fine and if they do,to add to the motion all fines have to be paid prior to issuance of
their 2013 liquor license.
Motion by Diehm, Seconded by Nawrocki, move to establish a "1 st Violation"penalty with
$250 administrative fine, for serving to a minor on July 19, 2012, for SAH Inc. dba La Casita
(Mr. Behrooz Anvary-applicant). Fine shall be paid prior to issuance of 2013 Liquor License.
Upon Vote: Schmitt,nay; Williams, aye; Diehm, aye;Nawrocki, aye; Peterson, aye; 4 ayes, 1
nay. Motion carried.
Motion by Diehm, seconded by Nawrocki,move to establish a "1 st Violation"penalty with $250
administrative fine, for serving to a minor on July 19, 2012, for Gutierrez and Velez Inc. dba as
Puerta del Sol (Mr. &Mrs. Gutierrez and Mr. &Mrs. Velez-applicants). Fine shall be paid prior
to issuance of the 2013 Liquor License.
Upon Vote: Schmitt, nay; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye; 4 ayes, 1
nay.Motion carried.
Motion by Diehm, seconded by Nawrocki, move to establish a "1 st Violation"penalty with a
12
City Council Minutes
Monday,December 10,2012
Page 8 of 28
$500 administrative fine for selling to a minor on July 19, 2012, for Jeff s Bobby and Steve's
Autoworld (Mr. Jeff Bahe-applicant). Fine shall be paid prior to issuance of the 2013 Liquor
License.
Upon Vote: Schmitt, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye; 4 ayes, 1
abstain. Motion carried.
Motion by Diehm, seconded by Nawrocki, move to establish a "1 st Violation"penalty with a
$500 administrative fine for serving to a minor on July 19, 2012, for Central Avenue Investments
Inc. dba as Mr. BBQ(Mr. Mohammed Shambolia-applicant). Fine shall be paid prior to
issuance of the 2013 Liquor License.
Upon Vote: All ayes. Motion carried.
7.ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
Adopt Resolution 2012-155,being a Resolution adoptingaa budget for the year 2013 setting the
City Levy, and approving the HRA lever
Motion by Diehm, seconded by Williams, waiving reading of Resolution 2012-155,there being
ample copies available to the public.
Upon vote: All ayes, Motion carried.
Motion by Diehm, seconded by Williams, move to adopt Resolution 2012-155,being a
Resolution adopting a budget for the year 2013, setting the City Levy, and approving the HRA
levy. Item open for discussion.
Fehst went over the attached Resolution 2012-155, which is adopting the 2013 budget as
modified with the proposed changes approved by council. The five year plan that was started in
2005 required the city staff and council adopt a budget with limited increases in tax supported
operating expenses. The first and second year there was a 0%increase in expenditures, which
required some layoffs, non-hire backs, not filling positions as people left and two week
furloughs. The third year there was a 1%increase and this year there is a 2% increase in
expenditures. With that, the plan also intended to provide certain tax increases to reduce the
cities dependency on state aide. Due to increases in a portion of the city levy paid by taxpayers
outside Columbia Heights, under the Area-Wide Fiscal Disparities program, the majority of
Columbia Heights tax payers have had a decrease in taxes the past two years. The proposed
increase to the city levy this year is 3.36%,which yields a 0% change for the Columbia Heights
tax payers for the years 2011-2013. The HRA levy is $184,811 for 2013 which is a 15.4%
decrease compared to 2012. This reflects the fifth consecutive year that the HRA levy has
decreased.
Fehst stated with the adoption of the budget there were two things that came to the City's
attention because of the evaluations and appraisals done by the county in our city. First being, the
Homestead Credit was removed by the state and changed instead to a Homestead Deduction. For
houses with a value of$76,000 or higher, taxpayers are able to take$30,000 off the bottom line
for reduction in taxes for appraisal of that household. Unfortunately, because of foreclosures,
vacant houses, etc. the City's reduction in property tax has been significant in our Assets Market
13
City Council Minutes
Monday,December 10,2012
Page 9 of 28
Value. Secondly, appraisals that were done this year, residents have seen a decrease in their
property tax evaluations. Anoka County divided the city into quarters with the dividing line
being Central and 45th Avenue. Three quarters of the city received a decrease or no increase in
their property taxes and one quarter seen an increase in their property taxes. The residents
located south of 45a'Avenue to east and west of Central Avenue, seen approximately a$20,000
reduction in their values. Residents north of 45h Avenue and west of Central Avenue seen
approximately$30,000 reduction in values and the residents north of 45b Avenue and east of
Central Avenue seen approximately$5,00047,000 reduction in values. The residents in this last
area seen the least amount of reduction in values,therefore based on the counties appraisals,their
taxes increased by$100 4300, which would of increased regardless of the City levy increasing or
not. If everyone's property would have decreased by the same amount, residents would have
seen the same tax increase.
Williams indicated he was still confused as to why the one area of the city seen an increase in
their taxes. Fehst stated the county has made a determination on sales, even though they say they
cannot include foreclosures, in some areas of the city, there are a lot of neighborhoods that only
have foreclosures in their area and no sales. There are approximately 500—700 homes that have
gone through foreclosure once or twice within the city. Finance Director,Joseph Kloiber stated
there are two main outside sources where cities receive aid, one is Local Government State Aid
and the other one is the Area-Wide Fiscal Disparities program. Fehst stated the bottom line is,we
should continue on the fourth year of the five year program, with the intention of keeping
expenditures less than 2% and look at another five year program in the future with taking into
consideration what has happened in the last four years.
Motion by Nawrocki,move to reduce the proposed City levy increase to 0%. Motion died for
lack of a second.
Fehst stated the median property tax amount is lower in Columbia Heights compared to 180
other cities in the area that offer approximately the same services.
Malcolm Watson, 1717 49"'Avenue NE,thanked Finance Director Kloiber for supplying him
with the pie chart on the breakdown of how the tax dollars raised in our community are spent.
Watson has served on the County's Board of Review for the past twenty-five years. When the
county starts to work on the taxes for next year,typically in June, they are determining if the
value placed on of your home compares to homes of similar value in your area. The City's tax
portion used to be the lowest and the School Districts one of the highest tax portions of the pie
chart. Fehst indicated there was a dramatic change in the funding of school districts in the state
before 2003, in which school districts did not want to be dependent on the property tax process
by near as much and their intention was to balance out the mandate of their constitution to
support the schools. They took the schools off the property tax in 2003 and the city's portion of
taxes started to increase. Kloiber indicated the state statue changed in 2002 and in 2003 the
school districts share of property tax was cut in half.
Leland Stauch, 1155 Khyber Lane, stated the City had his taxable property value at$189,300 for
2012 and Zillow Real Estate, an online real estate company, has it at$156,404 based on sales in
the area. He has been to the County Board several times to appeal taxes with no change. Fehst
stated that the County has determined that land values in the City have dropped. The County
determines the lines and stated residents need to make this argument with the County.
14
City Council Minutes
Monday,December 10,2012
Page 10 of 28
Deb Johnson, 4626 Pierce Street, stated her taxes also went up and if you are going to be mad at
anyone,you should be mad at the State as they are pulling the revenues away from the local
governments.
Kurt Kurzawa, 1070 Grandview Court, went through the right channels to get appraisal on his
house higher and the appraiser refused it. Fehst stated the City has the Board of Review in April
and the County has the Board of Appeal. He encouraged Kurzawa to come to the Board of
Review in April with his information and the City would see what they could do with appealing
it to the County Board of Appeals,by telling the County to take a look at it again. Diehm wanted
to stress that one issue is, the timing when appraisals are completed. The County does appraisals
eighteen months in the rear. Schmitt encouraged Kurzawa to come to the Board of Review with
sales information of like properties and if there are no properties in Columbia Heights,to look
outside the city for like properties.
Steve Osland, 4533 5t'Street, indicated his daughter plays in a North Metro Hockey Association
and stated that on January 19th it is "National Hockey Day" in Minnesota. Osland would like do
something positive in the city and would like to have"National Hockey Day"in Columbia
Heights at McKenna Park. He has contacted local people and businesses to help volunteer,
organize and apply for grants,but he would like some cooperation from the Public Works
Department in being able to use the park for that day. Kevin Hansen, Director of Public Works,
invited Osland to attend the Park and Recreation meeting on Wednesday,December 16th at 5:30
PM to discuss his proposal in more detail. Osland stated he would plan on being at the meeting.
Motion by Nawrocki, move to amend city budget and reduce budget by$24,329.00 from both
the EDA levy and Community Development Budgets. Motion died for lack of a second.
Fehst stated we need to make sure the money is there for the interim if studies or additional staff
is needed in the future.
Motion by Nawrocki, move to amend the HRA levy increase to zero. Motion died for lack of a
second.
Motion by Diehm, seconded by Williams, move to adopt Resolution 2012-155,being a
Resolution adopting a budget for the year 2013, setting the City Levy, and approving the HRA
levy.
Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki,nay; Peterson, aye;4 ayes, 1
nay,Motion carried.
B. Bid Considerations-none
C. New Business and Reports
Water System Interconnection Agreement with New Bri hg ton
Hansen stated the City was approached by the City of New Brighton for a connection into our
existing water system at the intersection of 45th and Stinson, for the purpose of taking down their
water tower for servicing that would take approximately eight weeks. This would be a
temporary connection and the City of New Brighton would pay the City of Columbia Heights
our 2013 water rates. Staff is recommending approval of the Water System Interconnection
15
City Council Minutes
Monday,December 10,2012
Page 11 of 28
Agreement with the City of New Brighton.
Motion by Nawrocki, seconded by Schmitt,move to enter into a Water System Interconnection
Agreement with the City of New Brighton while they repair and recondition the High Service
Tower located at 3001 5th Street NW.
Upon vote: All ayes, Motion carried.
S. ADMINISTRATIVE REPORTS
Report of the City Manager
In response to Nawrocki's questions about parking on 40th Avenue, Fehst stated there is parking
along 40ffi Avenue and there is short term parking along Mill Street. In regards to contacting the
City of Roseville about IS services, Fehst stated this will take some time to gather this information.
Kloiber stated he wanted Nawrocki to understand the City of Roseville does not outsource their IS
Department,they are in fact a vendor and supply their IS services to thirty different communities.
Nawrocki wanted to wish everyone a happy holiday season.
Report of the City Attorney—Nothing to report.
9. CITIZENS FORUM
Mayor Peterson asked if any one present wanted to address the council. No one approached the
council.
Councilmember Schmitt attended the Anoka County Elected Official Public Safety Committee
meeting and was able to see the holding cells and a simulation shooting range. She indicated it was
very informative and interesting. She would encourage everyone to go next year. Councilmember
Williams thanked everyone for their participation in the election and for their support. We have
worked hard through the years and we will be a better city tomorrow. He stated we have a
wonderful staff and residents. Councilmember Diehm wanted to remind everyone that the council
hears over and over again from residents around budget time, that their property values are going
down and that one of the most important jobs they have as a councilmember is to make sure the
decisions they are making are trying to preserve those values. She wished everyone a happy holiday
season and encouraged people to get out and help and support others in the community.
Councilmember Nawrocki wanted to bring awareness to "Shop with a Cop", in which members of
the Police Department take youth out to do some shopping. Mayor Peterson stated attitude and pride
is everything in our community. Be proud that you live here and work here. Remember our men
and women serving our country and keep them in your prayers that they all come home safe and
sound. Peterson stated he was just made aware that we have a Silver Lake Symphonic Wind
Orchestra with forty members, mostly from Columbia Heights, and is meeting with the director later
in the week to find out more information about their group. Peterson stated don't take yourselves
too seriously and do a random act of kindness. He also wanted to thank all of the commission
members that we have here in Columbia Heights and stated what a wonderful job they are doing.
Merry Christmas and see you next year!
10.ADJOURNMENT
Mayor Peterson adjourned the meeting at 9:46 PM
16
City Council Minutes
Monday,December 10,2012
Page 12 of 28
Tori Leonhardt, City Clerk/Council Secretary
RESOLUTION 2012-150
BEING A RESOLUTION OF JOINT POWERS AGREEMENT BETWEEN ANOKA COUNTY,
CITY OF COLUMBIA HEIGHTS AND SCHOOL DISTRICT 13 IN ANOKA COUNTY TO
ALLOCATE COSTS FOR ELECTION EXPENSES AND AUTHORIZING THE MANAGEMENT
COMMITTEE CHAIRT AND COUNTY BOARD CHAIR TO APPORVE MINOR NON-
SUBTANTIVE CONTRACT CNAGES THROUGH THE APPROVAL PROCESS OF THE OTHER
GOVERNMENTAL ENTITIES.
WHEREAS: This is a joint Powers Agreement("JPA")between the County of Anoka("County") and
THE CITY OF COLUMBIA HEIGHTS AND SCHOOL DISTRICT 13 IN ANOKA
COUNTY.("Governmental Entities");
WHEREAS: Entered into pursuant to Minn. Stat. § 471.59, for the purchase,
maintenance and use of election equipment, including conducting elections,by the County on
behalf of the County and the Governmental Entities.
Anoka County Contract No. 2012-0362
JOINT POWERS AGREEMENT BETWEEN
ANOKA COUNTY AND THE MUNICIPALITIES, TOWNSHIPS AND SCHOOL DISTRICTS
IN ANOKA COUNTY
TO ALLOCATE COSTS FOR ELECTION EXPENSES
This is a joint Powers Agreement("JPA")between the County of Anoka("County") and THE
MUNICIPALITIES, TOWNSHIPS AND SCHOOL DISTRICTS IN ANOKA COUNTY
("Governmental Entities") entered into pursuant to Minn. Stat. § 471.59, for the purchase,
maintenance and use of election equipment, including conducting elections, by the County on
behalf of the County and the Governmental Entities,
Section 1
Term
1. This JPA shall be in effect for a four year term, beginning January 1, 2013 until
December 31, 2016, subject to automatic renewal on January 1 of each subsequent
calendar year beginning January 1, 2017.
Section 2
17
City Council Minutes
Monday,December 10,2012
Page 13 of 28
Contract Termination
2. During the initial four year term, this JPA may only be terminated by written agreement of
the County with the effected Governmental Entity. Beginning January 1, 2017, a
Governmental Entity's participation in this agreement may be terminated by that
Governmental Entity providing written notice to the remaining parties no later than June 1 of
any year, effective on January 1 of the following year.
Upon termination of the agreement, all right title and interest in any election equipment
purchased by the County under the terms of this agreement for use by the Governmental
Entity shall remain with the County. Any Governmental Entity withdrawing from this
agreement assumes all costs,responsibilities and liabilities related to the purchase,
maintenance and use of voting equipment in the conduct of elections in that jurisdiction.
Any amounts of the Governmental Entity's share of the of the initial cost of procurement of
the Voting Equipment System and their proportional share of any other costs incurred by the
County on their behalf that remain unpaid as of the date of termination shall become
immediately due and payable by the Governmental Entity to the County.
Section 3
Voting Equipment System Definition
3. For purposes of this agreement,the Anoka County Voting Equipment System means a
system in which the voter records votes by means of marking a ballot, so that votes
may be counted by automatic tabulating equipment in the polling place where the
ballot is cast or at a counting center. An electronic voting system includes automatic
tabulating equipment; non-electronic ballot markers; electronic ballot markers,
including electronic ballot display, audio ballot reader, and devices by which the voter
will register the voter's voting intent; software used to program automatic tabulators
and layout ballots; computer programs used to accumulate precinct results; ballots;
system documentation; and system testing as well as software used to manage the
assignment, deployment, chain of custody, and associated logistical operations of said
equipment in Anoka County.
Section 4
Applicability
4. This agreement, and the use of the Voting Equipment System defined herein, between the
County and the Governmental Entities is applicable for any election at which offices or
questions for the following categories are voted on:
Category A: Federal Offices
State Offices or Constitutional Amendments
Judicial Offices
County Offices or Ballot Questions
Soil and Water District Offices or Ballot Questions
Category B: Municipal (Township) Offices or Ballot Questions
Category C: School District Offices or Ballot Questions
18
City Council Minutes
Monday,December 10,2012
Page 14 of 28
Category D: Hospital District Offices or Ballot Questions
Section 5
County Responsibilities
5. Except as otherwise provided in this contract or required by statute or state or federal rule,
the County shall be responsible for preparing the specifications for the purchase and
maintenance of the Voting Equipment System as defined herein and for the purchase and
maintenance of the system, including making all payments and expenditures for capital and
on-going operating costs related to the voting equipment system. In addition, for all
Category A, B, C and D Elections,Anoka County shall:
5.1. Perform voting equipment system programming including ballots,ballot counters, ballot
markers, and other components of the voting equipment system used to mark, count,
record or report election returns and statistics.
5.2. Perform programming and testing of the State Election Reporting System interface,
Subject to policies of the State.
5.3. Program and develop a voting equipment testing plan for each election according to
statutory requirements.
5.4. Provide ballot design and layout services, and arrange for the printing of ballots to be
used in the elections.
Section 6
Governmental Entities' Responsibilities
6. Except as otherwise provided in this contract, each individual Governmental Entity shall be
responsible for and shall perform all duties and assume all costs associated with the
production of test decks, and conduct of pre-election and post-election tests and audits of
precinct voting equipment for each election and shall utilize county provided software, as
determined necessary by the County, to track the testing, assignment, deployment, chain of
custody, and associated logistical operations of said equipment in Anoka County, as follows:
6.1. When Category A and/or B or D offices or questions appear on the ballot:
6.1.1. The municipality shall be responsible for and assume all costs associated with
the production of test decks, and conduct of pre-election and post-election tests
and audits of precinct voting equipment for all elections which include a Category A
and/or B or D office or question.
6.1.2. The municipality shall assume all costs required to arrange for the use of polling
places in the manner required by the Minnesota election law, for ensuring the
physical set up of rooms and furnishings are conducive to the voting process,
and for ensuring that all necessary equipment and supplies are delivered to the
polling place for use on Election Day.
19
City Council Minutes
Monday,December 10,2012
Page 15 of 28
6.1.3. The municipality shall assume all costs related to picking up ballots, supplies and
equipment from the Anoka County Elections and Voter Registration Office in
Anoka and other storage locations that may be arranged from time to time, and
transporting them to and from the polling place.
6.1.4. The municipality shall assume all costs related to issuing, receiving and
processing absentee ballots cast by in-person absentee voters in that
municipality including procurement and preparation of physical spaces,
equipment, and staff needed to administer the process, and costs for delivery of
voted ballots to the Anoka County Central Count Absentee Precinct.
6.1.5. The municipality shall assume all costs related to recruiting, hiring, and paying
Election Judges for all hours served including, training, testing, election day
assignments, and any other work assignments associated with the election.
6.2. When only Category C offices or questions appear on the ballot:
6.2.1. The School District shall be responsible and shall assume all costs associated
with the production of test decks, and conduct of pre-election and post-election
tests and audits of precinct voting equipment for all elections which include only
Category C offices or questions.
6.2.2. The school district shall assume all costs required to arrange for the use of
polling places in the manner required by law, for ensuring the physical set up of
rooms and furnishings are conducive to the voting process, and for ensuring that all
necessary equipment and supplies are delivered to the polling place for use on
Election Day.
6.2.3. The school district shall assume all costs related to picking up ballots, supplies
and equipment from the Anoka County Elections and Voter Registration Office in
Anoka and other storage locations that may be arranged from time to time, and
transporting them to and from the polling place.
6.2.4. The school district shall assume all costs related to issuing,receiving and
processing absentee ballots cast by in-person absentee voters in the school
district including procurement and preparation of physical spaces, equipment,
and staff needed to administer the process, and costs for delivery of voted ballots to
the Anoka County Central Count Absentee Precinct.
6.2.5. The school district shall assume all costs related to recruiting, hiring, and paying
Election Judges for all hours served including, training,testing, election day
assignments, and any other work assignments associated with the election.
Section 7
Allocation of Election Expenses
7. Except as already specifically provided for herein, the Voting Equipment System
procurement, maintenance and support cost shall be divided between the county, its
20
City Council Minutes
Monday,December 10,2012
Page 16 of 28
municipalities, and school districts as follows:
7.1. The County shall incur 55% of the actual cost of procurement, operation and
maintenance of the system over the duration of this contract.
7.2. Municipalities located wholly or in part in Anoka County shall, collectively, incur
30%of the actual cost of procurement, operation and maintenance of the
system over the duration of this contract.
7.3. School Districts located wholly or in part in Anoka County shall incur 15%of the
actual cost of procurement, operation and maintenance of the system over the
duration of this contract.
7.4. Anoka County shall make all payments and expenditures for capital and ongoing
operating and maintenance costs related to the system throughout the
duration of this contract.
7.5. The annual fee for each jurisdiction shall be established as follows:
7.5.1. Each individual municipality shall pay a fee equal to that percentage of
the total Anoka County population residing in that municipality at the time
of the 2010 census multiplied by the municipal share(30%) of the actual
cost of procurement (prorated over ten annual installments),plus the
actual cost of operation and maintenance of the system, as solely
determined by the County, calculated annually throughout the duration of
the contract.
7.5.2. Each individual school district shall pay a fee equal to that percentage of
the total Anoka County population residing in that school district at the
time of the 2010 census multiplied by the school district share(15%)of
the actual cost of procurement(prorated over ten annual installments),
plus the actual cost of operation and maintenance of the system, as
solely determined by the County, calculated annually throughout the
duration of the contract.
7.5.3. Each Governmental Entity shall be invoiced annually on June 1 for each
calendar year of the agreement for the above referenced fees. Said fees
shall be due and payable within thirty(30) calendar days of invoicing.
7.5.4. The Governmental Entities hereby agree that they will not reallocate any
of the costs incurred herein.
7.6. For each governmental entity, the County shall determine that proportion of the ballot
devoted to offices and questions for that entity as a percentage of the total number of
column inches on the ballot, and provide an invoice to the governmental entity for that
share of the cost of ballot printing,paper and normal delivery charges.
7.7. The County shall pay the cost of postage for all domestic mailed absentee
ballots cast in the county and absentee ballots cast under the Uniformed
21
City Council Minutes
Monday,December 10,2012
Page 17 of 28
Overseas Citizens Absentee Voting Act(UOCAVA) except those absentee
postage costs incurred by Municipalities designated to administer absentee
voting laws under M.S. 20313.05.
Section 8
Documentation of Election Expenses
8. Documentation of actual expenditures as required by the County is required for the
allocation of election expenses pursuant to this agreement. Invoices or billing
statements are acceptable documentation for goods or services purchased for
vendors.
Section 9
Ownership
9. The Governmental Entities acknowledge that the County owns the Voting Equipment
System and that the Governmental Entities are authorized to use said Voting Equipment
System for official election related purposes. Use of the Voting Equipment System by the
Governmental Entities for any other purpose is strictly prohibited absent express written
consent of the County. The Governmental Entities hereby acknowledge and agree that the
Voting Equipment System may contain proprietary and trade secret information that is
owned by a third party and is protected under federal copyright law or other laws, rules,
regulations and decisions. The Governmental Entities shall protect and maintain the
proprietary and trade secret status of the Voting Equipment System in their possession.
Section 10
Handling Of Equipment and Insurance
10. Each municipality shall be responsible for storage of elections equipment
assigned by the county to that municipality. Municipalities shall make all necessary elections
equipment in its possession available to other entities as directed by the county.
Each Governmental Entity acknowledges that it shall be responsible for the Voting
Equipment System while it is in the Governmental Entity's custody. Each Governmental
Entity, either through insurance or a self-insurance program, shall be responsible for all
costs, fees, damages and expenses including but not limited to personal injury, storage,
damage, repair and/or replacement of the Voting Equipment System while it's in the
Governmental Entity's custody and this contract is in effect unless such costs, fees,
damages and expenses are then currently covered under a manufacturer warranty covering
said equipment. The Governmental Entities shall be responsible for,provide coverage for
and shall provide proof of general liability and worker's compensating insurance(Hold
Harmless Agreement) for all individuals providing services required by this contract. In
addition to the foregoing, the Governmental Entities shall,during the term of this contract,
maintain, through commercially available insurance or on a self-insured basis,property
insurance coverage on all of the voting systems used or intended for use in this agreement
to cover all repairs or replacement of the voting equipment if damaged or stolen. The
Governmental Entities are responsible for any deductible under their policy.
Section 11
Independent Contractor
22
City Council Minutes
Monday,December 10,2012
Page 18 of 28
11. It is agreed that nothing in this contract is intended or should be construed as creating the
relationship of agents, partners,joint ventures, or associates between the parties hereto or
as constituting the County or the Governmental Entities as the employee of the other entity
for any purpose or in any manner whatsoever. The County is an independent contractor
and neither it, its employees, agents, nor its representatives are employees of the
Governmental Entities. From any amounts due the County, there shall be no deductions for
federal income tax or FICA payments, nor for any state income tax,nor for any other
purposes which are associated with an employer-employee relationship unless required by
law.
Section 12
Data Practices
12. All data created, collected, received, maintained, or disseminated for any purpose in the
course of this contract is governed by the Minnesota Government Data Practices Act, any
other applicable statute, or any rules adopted to implement the Act or statute, as well as
federal statutes and regulations on data privacy.
Section 13
No Waiver
13. No delay or omission by either parry hereto to exercise any right or power occurring upon
any noncompliance or default by the other party with respect to any of the terms of this
Agreement shall impair any such right or power or be construed to be a waiver thereof
unless the same is consented to in writing. A waiver by either of the parties hereto of any of
the covenants, conditions, or agreements to be observed by the other shall not be construed
to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement
herein contained. All remedies provided for in this Agreement shall be cumulative and in
addition to, and not in lieu of, any other remedies available to either parry at law, in equity, or
otherwise.
Section 14
Governing Law
14. This Agreement shall be governed by and construed in accordance with the laws of the
State of Minnesota.
Section 15
Entire Agreement
15. It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between
the parties relating to the subject matter hereof and hereby rescinds and replaces all prior
Agreements with the respective Governmental Entities with this Agreement. All items
referred to in this Agreement are incorporated or attached and are deemed to be part of this
Agreement. Any alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an amendment to
this Agreement signed by the parties hereto.
23
City Council Minutes
Monday,December 10,2012
Page 14 of 28
Section 16
No Assignment
16. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part,
without the prior written consent of the other party, and any attempt to do so shall be void
and of no force and effect.
Section 17
No Warranty
17. The Governmental Entities agree that the County is furnishing the Voting Equipment System
on an "as is"basis, without representation or any express or implied warranties, other than
those provided by any maintenance agreement entered into by the County for the
maintenance of the Voting Equipment System, including but not limited to, fitness for
particular purpose, merchantability or the accuracy and completeness of the Voting
Equipment System. The Governmental Entity's exclusive remedy and the County's sole liability for
any substantial defect which impairs the use of the Voting Equipment System for the purposes stated
herein shall be the right to terminate this agreement. The County does not warrant that the Election
Voting Equipment System will be error free. The County disclaims any other warranties, express or
implied,respecting this agreement or the Voting Equipment System.
In no event shall the County be liable for actual, direct, indirect, special, incidental,
consequential damages (even if the County has been advised of the possibility of such
damage) or loss of profit, loss of business or any other financial loss or any other damage
arising out of performance or failure of performance of this Agreement by the County.
Except as otherwise specifically provided for in this agreement, County and the
Governmental Entities agree each will be responsible for their own acts and omissions
under this Agreement and the results thereof and shall to the extent authorized by law
defend, indemnify and hold harmless the other party for such acts. Each party shall not be
responsible for the acts, errors or omissions of any other party under the Agreement and the
results thereof. The parties'respective liabilities shall be governed by the provisions of the
Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This
paragraph shall not be construed to bar legal remedies one party may have for the other
party's failure to fulfill its obligations under this Agreement.Nothing in this Agreement
constitutes a waiver by the Governmental Entities or County of any statutory or common law
defenses, immunities, or limits on liability.
Section 18
Notice
18. Any notice or demand shall be in writing and shall be sent registered or certified mail to the
other party addressed as follows:
To the Governmental Entity: To the person and address designated by each
Governmental Entity in writing.
To the County: Anoka County Administrator
ADDRESS
24
City Council Minutes
Monday,December 10,2012
Page 20 of 28
Copy to: Anoka County Elections Manager
ADDRESS
Section 19
Audit Provision
19. Both parties agree that either party, the State Auditor,or any of their duly authorized
representatives at any time during normal business hours, and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt,
and transcribe any books, documents, papers, records, etc., which are pertinent to the
accounting practices and procedures of the other party and involve transactions relating to
this Agreement. Such materials shall be maintained and such access and rights shall be in
force and effect during the period of the contract and for six(6)years after its termination or
cancellation.
Section 20
Survival of Provisions
20. It is expressly understood and agreed that the obligations and warranties of the
Governmental Entity and County hereof shall survive the completion of performance and
termination or cancellation of this Agreement.
Section 21
Authority
21. The person or persons executing this Joint Powers Agreement on behalf of the
Governmental Entity and County represent that they are duly authorized to execute this
Joint Powers Agreement on behalf of the Governmental Entity and the County and
represent and warrant that this Joint Powers Agreement is a legal, valid and binding
obligation and is enforceable in accordance with its terms.
(Rest of page left intentionally blank)
NOW,THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does
agree to enter into a joint Powers Agreement("JPA")between the County of Anoka("County") and
SCHOOL DISTRICT 13 IN ANOKA COUNTY("Governmental Entities") entered into pursuant to Minn.
Stat. § 471.59, for the purchase, maintenance and use of election equipment, including conducting elections,
by the County on behalf of the County and the Governmental Entities.
RESOLUTION NO. 2012-151
BEING A RESOLUTION CANCELING THE
CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY,
DECEMBER 24,2012
WHEREAS: The City of Columbia Heights offices are closed on Monday, December 24, 2012, and;
25
City Council Minutes
Monday,December 10,2012
Page 21 of 28
WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday,
December 24,2012;
NOW, THEREFORE,BE IT RESOLVED, that all interested parties be advised of this change.
Resolution 2012-152
Resolution Authorizing Community Development staff to apply for Community Development Block
Grant(CDBG)funds for Demolition at 3927 Central Ave.North
Whereas, in December of 2012 the City's Economic Development Authority(EDA)purchased
3927 Central Ave.North, and
Whereas, the subject site is a key redevelopment site identified within the City's Comprehensive
Plan, and
Whereas, the site has a number of redevelopment associated issues including future soil corrections
and others beyond market price considerations, and
Whereas, the EDA has purchased properties that are adjacent to the subject site, and
Whereas,the first step in the redevelopment of this site is demolition with estimated cost as detailed
in the grant submission, and
Whereas, the EDA desires to seek assistance from DEED through their established programs for
this essential redevelopment,
NOW THEREFORE BE IT RESOLVED,
The City Council, on behalf of the City's Economic Development Authority, hereby authorizes submittal of
the grant application to Anoka County for CDBG funds for the purpose of demolition of property at 3927
Central Ave.
Resolution 2012-153
Resolution Authorizing Submittal to the Department of Employment and Economic Development
(DEED) for 2013 Redevelopment Grant Funds for Demolition at 3927 Central Ave.North
Whereas, in December of 2012 the City's Economic Development Authority(EDA)purchased
3927 Central Ave. North, and
Whereas, the subject site is a key redevelopment site identified within the City's Comprehensive
Plan, and
Whereas, the site has a number of redevelopment associated issues including future soil corrections
and other beyond market price considerations, and
26
City Council Minutes
Monday,December 10,2012
Page 22 of 28
Whereas, the EDA has purchased properties that are adjacent to the subject site, and
Whereas,the first step in the redevelopment of this site is demolition with estimated cost as detailed
in the grant submission, and
Whereas, the EDA desires to seek assistance from DEED through their established programs for
this essential redevelopment,
NOW THEREFORE BE IT RESOLVED,
1. The City Council, on behalf of the City's Economic Development Authority, hereby authorizes
submittal of the grant to DEED for the purpose of demolition of property at 3927 Central Ave.
RESOLUTION NO.2012-154
RESOLUTION APPROVING A SITE PLAN FOR THE CONSTRCTION OF A GAS STATION
LOCATED AT 4001 UNIVERSITY AVENUE NE COLUMBIA HEIGHTS,MINNESOTA
WHEREAS, a proposal (Case #2012-1201) has been submitted by Barr-Nelson Inc., to the City Council
requesting a site plan approval from the City of Columbia Heights at the following site:
ADDRESS: 4001 University Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the
construction of a 2,400 square foot gas station store located at 4001 University Avenue NE.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on
December 5, 2012;
WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission
regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its
Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light,
air, danger of fire, and risk to public safety in the surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after
reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning
Commission:
1. The site plan conforms to all applicable requirements of this article.
2. The site plan is consistent with the applicable provisions of the city's comprehensive plan.
3. The site plan is consistent with any applicable area plan.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public
right-of-way.
27
City Council Minutes
Monday,December 10,2012
Page 23 of 28
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 submitted with this
application shall become part of the permit.
2. Any new signage incorporated into the building shall be approved through the Sign Permit process.
3. The southwestern access off 40th Avenue shall be closed and curbed, resulting in one access off 40ffi
Avenue for this property. The City Engineer shall approve the access before a building permit is
issued
4. The building shall be sprinkled.
5. Parking areas shall be screened with fencing and/or landscaping that is 80%opaque year round.
6. The trash enclosure shall match the building.
7. An old sewer service into the property that is connected to the sanitary manhole shall be
disconnected if not in use.
8. The parking lot and sidewalk shall be repaved.
There shall be no deviation from the design guidelines for building materials
RESOLUTION 2012-155
RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2013, SETTING THE CITY LEVY,
AND APPROVING THE HRA LEVY.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF
COLUMBIA HEIGHTS,MINNESOTA: that the following is hereby adopted by the City of Columbia
Heights.
Section A. The budget for the City of Columbia Heights for the year 2013 is hereby approved and adopted
with appropriations for each of the funds listed below:
Expense
General Fund 10,663,942
Community Development Fund 206,922
Economic Development Fund 299,717
State Aid 171,677
Cable Television 103,312
Library 804,901
Infrastructure 152,297
28
City Council Minutes
Monday,December 10,2012
Page 24 of 28
Capital Improvement 294,228
Capital Equipment Replacement
Funds 533,468
Construction Funds 2,157,000
Central Garage Fund 690,105
Liquor Operating 8,443,594
Liquor Capital/Non-Operating 557,347
Water Utility Fund 2,645,405
Sewer Utility Fund 2,339,047
Refuse Fund 1,800,656
Storm Sewer Fund 377,117
Data Processing 323,524
Debt Service Fund 2,487,817
Total Expense Including Interfund
Transfers 35,052,076
Section B. The estimated gross revenues to fund the budget of the City of Columbia Heights for all funds,
including general ad valorum tax levies and use of fund balances, as hereinafter set forth for the year 2013.
Expense
General Fund 10,663,942
Community Development Fund 206,922
Economic Development Fund 299,717
State Aid 171,677
Cable Television 103,312
Library 804,901
Infrastructure 152,297
Capital Improvement 294,228
Capital Equipment Replacement
Funds 533,468
Construction Funds 2,1 57,000
Central Garage Fund 690,105
Liquor Operating 8,443,594
Liquor Capital/Non-Operating 557,347
Water Utility Fund 2,645,405
Sewer Utility Fund 2,339,047
Refuse Fund 1,800,656
Storm Sewer Fund 377,117
Data Processing 323,524
Debt Service Fund 2,487,817
Total Expense Including Interfund
Transfers 35,052,076
29
City Council Minutes
Monday,December 10,2012
Page 25 of 28
Section C. The following sums of money are levied for the current year, collectable in 2013 upon the
taxable property in said City of Columbia Heights, for the following purposes:
Estimated General Fund Levy 7,973,404
Estimated Library Levy 777,000
Estimated EDA Fund Levy 84,811 Total
8,835,215
Section D. The City Council of the City of Columbia Heights hereby approves the Housing and
Redevelopment Authority Tax Levy for the fiscal year 2013 in the amount of$184,753.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS,
COUNTY OF ANOKA,MINNESOTA: That the County Auditor is authorized to fix a property tax rate
for taxes payable in the year 2013 that is higher than the tax rate calculated for the City taxes levied in 2011
collectable in 2012.
BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond
principal and interest payments on General Obligation Bond Series 2006A in the amount of$106,739 and
that the County Auditor is authorized to cancel the related Bond Levy in its entirety for taxes payable 2013.
BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond
principal and interest payments on General Obligation Bond Series 2008B in the amount of$225,000 and
that the County Auditor is authorized to cancel $225,000 of the related Bond Levy for taxes payable in
2013, leaving a balance of$436,545 to be levied for taxes payable in 2013 for Series 2008B.
BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond
principal and interest payments on General Obligation Bond Series 2009A in the amount of$103,900 and
that the County Auditor is authorized to cancel $103,900 of the related Bond Levy for taxes payable in
2013, leaving a balance of$129,161 to be levied for taxes payable in 2013 for Series 2009A.
The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of
Anoka County, Minnesota.
RESOLUTION NO. 2012-156
RESOLUTION ADOPTING THE SNOW AND ICE CONTROL POLICY
WHEREAS, a Snow and Ice Control Policy has been developed and recommended by City staff, and;
WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Columbia
Heights,
NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of Columbia Heights that said
30
City Council Minutes
Monday,December 10,2012
Page 26 of 28
Snow and Ice Control Policy is hereby approved and adopted.
RESOLUTION NO. 2012-157
BEING A RESOLUTION AUTHORIZING THE COLUMBIA HEIGHTS FIRE DEPARTMENT TO
APPLY FOR THE FIRE AND RESCUE SHARED SERVICES FEASIBILITY STUDY GRANT
WHEREAS,Governor Tim Pawlenty created a"Fire and Rescue Shared Services Task Force"through
Executive Order#09-13 on December 4, 2009.
WHEREAS,the task force was assigned to investigate issues and the comparative benefits attendant to
different models for shared fire and rescue service delivery.
WHEREAS,the task force has developed"A Blueprint for Shared Services"document which contains
several Minnesota fire service models of shared services, and has obtained grant funding through the Fire
Service Advisory Committee/Department of Public Safety for outside consulting services that explore a
shared services model for multiple fire services.
WHEREAS,the grants will be administered by Department of Public Safety through the State Fire
Marshall Division.
WHEREAS, Shared Services refers to any number of methods where fire and rescue service organizations
are doing something together to become more effective or more efficient. The shared service concept does
not necessarily mean a savings in terms of money.
WHEREAS,based on initial discussions with several surrounding fire chiefs from the City of Fridley, City
of St. Anthony, and the City of Columbia Heights there appears to be interest in pursuing this grant
opportunity.
NOW THEREFORE,BE IT RESOLVED,that the Columbia Heights City Council hereby authorizes the
following:
1. To proceed with the application process for the Fire and Rescue Shared Services Feasibility
Study Grant.
2. Authorizing the City of Columbia Heights Fire Department to be the lead jurisdiction and the
contracting agency for the Minnesota State Fire Marshal Fire and Rescue Shared Services
Feasibility Study Grant Program.
3. Authorizes the Columbia Heights Fire Chief as the program contact person and to apply for the
grant on behalf of all participating agencies voluntarily entering into this study process.
4. Authorizing the Columbia Heights City Manager and Fire Chief to enter into contracts with the
Minnesota State Fire Marshal for the grant and Emergency Services Consulting International to
conduct the study.
RESOLUTION NO.2012-158
BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED
31
City Council Minutes
Monday,December 10,2012
Page 27 of 28
AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL
WHEREAS, immediate payment of special assessments or installments on special assessments cast an
undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by
virtue of a permanent and total disability for whom it would be a hardship to make payments, and
WHERAS, Minnesota Statutes 435.193 —435.195 makes it possible for a home rule charter city to pass a
resolution establishing standards and guidelines for determining the existence of a hardship and for
determining the existence of a disability.
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS:
1. This deferral procedure shall apply only to assessments which are payable in five or more annual
installments.
2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or
disabled applicant. Ownership and occupancy must be the same nature as would qualify the
applicant for a homestead exemption for tax purposes.
3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or
older or retired by virtue of a permanent and total disability for whom it would be a hardship to
make payments. Permanent and total disability shall have the same definition for purposes of
assessment deferral as is used for social security purposes.
4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the
basis of exceptional and unusual circumstances not covered by the standards and guidelines herein
so long as determination is made in a nondiscriminatory manner and does not give the applicant an
unreasonable preference or advantage over other applicants.
5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms
prescribed by the City Clerk.
6. The option of the homeowner to defer the payment of special assessments shall terminate and all
amounts accumulated plus applicable interest shall become due and payable upon the occurrence of
any of the following events:
a. the death of the owner,provided that the spouse is not otherwise eligible for benefits
hereunder;
b. the sale, transfer or subdivision of the property or any part thereof;
C. if the property should for any reason lose its homestead status; or
d. if for any reason the City shall determine that there would be no hardship to require
immediate or partial payment.
7. No deferral may be granted unless the homeowner makes application to the City Clerk within thirty
(30) days after adoption of the assessment by the Council.
32
City Council Minutes
Monday,December 10,2012
Page 28 of 28
8. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a
timely manner,the balance of the annual installment along with all future installments shall become
immediately due and payable.
9. No deferral shall be granted to any owner who has a gross annual household income from all sources
in excess of$31,700.
10. No deferral may be continued from year to year unless the owner shall file a renewal application
before September 156 of each year.
11. No special assessment may be deferred for a period longer than the time set by the Council as the
time over which the project is to be assessed.
12. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the
assessment roll, and such interest shall be added to the amount deferred and shall be paid in
accordance with Minnesota Statute 435.195 and this Resolution.
RESOLUTION NO. 2012—159
UPDATE INCOME LIMIT FOR
SENIOR CITIZEN UTILITY RATES
WHEREAS,the City Council has previously established eligibility standards for senior citizen rates for
refuse service, sewage disposal, storm water and water supply; and
WHEREAS, it has been the City's practice to maintain uniform eligibility standards whenever possible:
NOW, THEREFORE,BE IT RESOLVED by the City of Columbia Heights as follows:
That anyone over 62 years of age with a maximum household income of$31,700 will be
eligible for reduced rates.
BE IT FURTHER RESOLVED that the above eligibility standard is effective January 1,2013.
33
4 APPROVED
12/5/12
COLUMBIA HEIGHTS PUBLIC LIBRARY
BOARD OF TRUSTEES
MINUTES
November 7,2012
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,Renee Dougherty,Acting Library Director,and Recording Secretary Stacey Hendren.
The minutes of the October 3,2012 Board meeting were approved as amended. The Library Board discussed the
Collection HQ program. Dougherty described it as an online program that shows circulation trends and assists with
purchasing decisions.
The bill list dated 10/10/12 of 2012 bills was reviewed. It was moved, seconded,and passed that the bills be paid.
The bill list dated 10/24/12 of 2012 bills was reviewed.It was moved,seconded,and passed that the bills be paid.
The 2012 accounting dated 11/7/12 was reviewed.
Old Business:
I. Dougherty updated the Library Board on the Task Force progress. The Library Task Force is currently
working with Leo A.Daly architects on visioning and a demographic analysis. The demographic analysis
compares the Columbia Heights Library with independent Iibraries in the metro area and similar libraries in
the five-state region. Interesting data from the analysis is the higher programming and gate count levels,the
comparable staffing and funding levels,and the lower circulation.
New Business:
1. The September crossover statistics were reviewed by the Board.
2. The Board reviewed the Unique Management Status Report for September. Hendren notified the Board that
the SIRSI error that led to waived processing fees has been fixed.
3. The Board reviewed the 2013 Board meeting dates.
Hoium moved to accept the 2013 Library Board meeting dates as mailed. The motion was seconded,and
passed.
4. Dougherty notified the Board that the East Room will be re-carpeted on November 120'while the library is
closed.
5. The Library is currently taking bids for repair to the gutters. Kevin Hansen,Public Works,expects the gutters
will divert run-off from the stairwell and abate the flooding problem.
6. Dougherty informed the Board of an increase in the request for proctored exams. Dougherty may request that
the Board limit the service to Columbia Heights residents at a future date.
The Board discussed the process of proctoring,the staff involvement,and options for limiting the service
including only allowing proctoring to scheduled times or requiring a library card. The Board questioned
1-7/3/12
34
whether there needs to be a policy in place or just a recommended practice. The Board requested Dougherty
speak with the city attorney,Jim Hoeft concerning the implications of limiting a public service.
The topic was tabled for future discussion.
Items from the Floor:
1. Vesley thanked the Board for their support during the recent City elections.
2. The Board received a fund transfer request from Children's Librarian,Mai Kao Xiong.
Motion: To transfer of$400.00 from line 2187(Book/CD Sets)to line 2185(Compact Discs)to purchase
spoken word and music CDs for the children's collection.The motion was seconded and passed.
3. The Board received the approved holiday and closed day schedule.
4. The Board received the updated library user guide.
5. Sowada presented the mystery basket prepared by herself and Vesley for the Foundation fundraiser.
6. Board members were encouraged to attend the"Taste of Heights"event hosted by Mayor Peterson. The
event is November 16t'from 6-10 at Murzyn Hall.
There being no further business,the meeting was adjourned at 7:16 p.m.
Respectfully submitted,
Stacey R.Hendren
Recording 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.
2-7/3/12
35
PLANNING AND ZONING COMMISSION
MINUTES OF THE REGULAR MEETING
JANUARY 2,2013
7:00 PM
The meeting was called to order at 7:00 pm by Chair Marlaine Szurek.
Commission Members present- Little,Fiorendino, Kinney, and Szurek
Also present were Sheila Cartney(Asst. Community Development Director), and Shelley Hanson
(Secretary).
Motion by Fiorendino, seconded by Little, to approve the minutes from the meeting of December 4,
2012. All ayes. MOTIONPASSED.
PUBLIC HEARINGS
CASE NUMBER: 2013-0101
APPLICANT: Saynab Yusuf
LOCATION: 4347 Central Ave NE
.REQUEST: Variance for Parking Requirements for a Daycare Center
INTRODUCTION
Cartney explained that at this time, the applicant is requesting a variance to the parking requirement
in association with operating a daycare business located at 4347 Central Avenue NE. The variance
request is as follows:
1. A variance to minimum parking spaces required per Code Section 9.106 (L)(10). They have
nine parking stalls onsite and 13 are required.
The applicant wishes to locate her business in the former Anderson's Heating and AC building
located at 4347 Central Avenue. Currently, there is no striped parking on the premises. Because the
change of use requires more parking than the type of business previously at that location, the new
business would have to comply with all the minimum requirements of the City Code pertaining to
off-street parking. In July 2012 a variance to the drive aisle width and the side yard setback for
parking was approved for this property.
ZONING ORDINANCE
The property located at 4347 Central Avenue is zoned GB, General Business District, as are the
properties to the north, south east and west. The City's Code requirements pertaining to parking and
drive aisle widths are as follows:
1. Code Section 9.106 (L)(10) requires one parking stall per every employee, plus one drop off
space for every 5 enrollees. There are 35 students planned and 6 employees requiring 13
parking stalls. With the passed variances granted the applicant can accommodate 9 parking
stalls onsite requiring a 4 stall parking variance.
36
P &Z Minutes
Page 2
January 2, 2013
CONSIDERATIONS.
The preexisting placement of the building on the undersized parcel demonstrates an undue hardship
on the property,justifying the parking setback and drive aisle width variances. The need for the 4-
stall parking variance is strictly a function of the type of business that wishes to locate on the
premises. The previous use of the building as an office/retail facility only needed to supply 1 parking
stall for each 300 square feet of office/retail area. Given the dimensions of the building, the previous
use would have needed 9 parking stalls. The accompanying site plan indicates that 9 parking stalls
could be placed on the parcel with the parking and drive aisle width variances.
The applicant has indicated she is going to provide transportation services to most of the children
attending this daycare, thus lessening the need for parking. She has also obtained 6 more parking
spaces from the adjacent property (Sarah's Tobacco) for her employees to park. Code Section 9.106
(L)(9) allows shared parking if five conditions are met. (9) Shared parking, the City Council may
approve the use of a required off-street parking area for more than one principal use on the same or
an adjacent site if the following conditions are met: (a) Location. The use for which the application
for shared parking is being made is located within 300 feet of the use providing the parking facilities.
(b) Nighttime uses. Up to 50% of the off-street parking facilities required for a bowling alley,
nightclub, school auditorium, theater or similar nighttime use may be supplied by off-street parking
facilities provided primarily for daytime use. (c) Sunday use. Up to 75% of the off-street parking
facilities required for a place of worship or similar Sunday use may be supplied by off-street parking
facilities provided primarily for a daytime use. (d) Daytime use. For the purposes of this provision,
the following uses are considered daytime uses: financial institutions, offices, retail stores, personal
service facilities and similar uses. (e) Contract. A legally binding instrument for the shared use of the
off-street parking facilities shall be approved by the City Attorney and filed with the Anoka County
Recorder's Office within 60 days after approval of the shared parking use. The daycare and the
adjacent Tobacco store meet the criteria for shared parking.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area as Commercial. The proposed variances would enable a
business to locate in a vacant commercial space. For this reason,the proposals are consistent with 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.
37
P&Z Minutes
Page 3
January 2, 2013
The 4-stall parking variance cannot be avoided with the type of business that is willing to
operate from this location because there is not physically enough room on the property to
place 4 more parking stalls. Side setback and aisle width variances have already been
granted due to the physical shape and configuration of this lot.
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.
There are many undersized commercial properties along Central Avenue in The GB, General
Business District. The uniqueness of this particular parcel is the placement of the building on
the property in relation to the existing driveway openings and property lines. Physically,
there is no way to accommodate the minimum requirements of the Zoning Code for parking
without the need of a variance.
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 article require a certain number ofparking stalls. The property at 4347
Central Avenue is too small to accommodate these requirements. The hardships have not
been created by persons leaving a legal interest in the property.
d) The granting of the variance is in harmony with the general purpose and intent of the
comprehensive plan.
The Comprehensive Plan guides this area as Commercial. The proposed variances would
enable a business to locate in a vacant commercial space. For this reason, the proposals are
consistent with 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 granting of the variances should not be materially detrimental to the public welfare or
the use of the properties in the vicinity. The variance requests will have conditions imposed
on them to help ensure this.
Staff recommends approval of the 4-stall parking variance. The applicant has done a sufficient job in
attempting to limit the degree of the parking stall variance in that she has permission from the
adjacent property for 6 parking stalls for her employees. Staff recognizes the site is compact and
already has two variances for the drive aisle and parking setback acknowledging the challenges to
bring the parking lot into compliance. Cartney reminded members that back in July of 2012 a
parking variance was granted for a business that never went into this business site,therefore, that
variance never went into effect.
38
P &Z Minutes
Page 4
January 2, 2013
Questions from members:
Szurek asked if sharing spaces at Sarah's Tobacco would impact that business. Cartney said that
Sarah's had more than enough parking spaces for their business so there wouldn't be a problem.
Szurek then asked if this property would stay on the tax rolls if operated as a daycare. Cartney said
that it would.
Kinney asked what happens if the business at the 4347 Central Avenue site changes use in the future.
Cartney said the variance would remain in effect. Once the striping is done and the conditions are
met, the variance would become effective and remain with the site. Kinney then asked if the variance
would be affected if the contract is rescinded in the future with the neighboring site due to the
expiration of the contract or the sale of Sarah's Tobacco. Cartney said it wouldn't affect the variance
for this site and depending on the new use for the neighboring property the amount of parking should
still be adequate. If it remains a retail business they have more than enough.
Fiorendino had no further questions since his had already been answered.
Little asked what how long the contract with Sarah's would be in effect. If it terminates how would it
affect the variance. Cartney explained that the "shared parking contract" is really a separate matter
that will be brought to the City Council for approval. A "shared parking" arrangement is an allowed
use according to City Code if the City Council grants approval. The variance is not actually
contingent on the agreement, but it is another tool that makes granting the variance easier to approve
since other accommodations have been arranged to make the site work for this type of use. Little said
he thinks this is a better use of the property than the last request that was considered.
Public Hearing Opened:
No one wished to speak on this matter.
Public Hearing closed.
Motion by Fiorendino, seconded by Kinney, that the Planning Commission recommends the City
Council approve the variance to allow four (4) less parking stalls than the minimum requirement per
Code Section 9.106 (L)(10) of the City Code and to approve shared parking with the adjacent
property, 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.
39
P &Z Minutes
Page 5
January 2, 2013
2. A contract for the shared parking shall be approved by the City Attorney and filed with the
Anoka County Recorder's Office within 60 days after approval of the shared parking use.
3. At least 75 square feet of outside play area shall be provided for each child under care.
4. Short-term parking of vehicles engaged in loading and unloading of children shall be
provided as close as practical to the principal entrance.
All Ayes. MOTION PASSED.
This will go before the City Council at the January 14th meeting.
RESOLUTION NO. 2013-XX
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR SAYNAB YUSUF
WHEREAS, a proposal (Case # 2013-0101) has been submitted by Saynab Yusuf to the City
Council requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 4347 Central Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A variance to allow four (4) less
parking stalls than the minimum requirement per Code Section 9.106 (L)(10).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on January 2,2013;
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:
40
P &Z Minutes
Page 6
January 2, 2013
1. Because of the particular physical surroundings, or the shape, configuration, topography,
or other conditions of the specific parcel of land involved, strict adherence to the
provisions of this article would cause practical difficulties in conforming to the zoning
ordinance. The applicant, however, is proposing to use the property in a reasonable
manner not permitted by the zoning ordinance.
2. The conditions upon which the variance is based are unique to the specific parcel of land
involved and are generally not applicable to other properties within the same zoning
classification.
3. The practical difficulties are caused by the provisions of this article and have not been
created by any person currently having a legal interest in the property.
4. The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
5. The granting of the variance will not be materially detrimental to the public welfare or
materially injurious to the enjoyment, use, development or value of property or
improvements in the vicinity.
FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become
part of this variance and approval; and in granting this variance the city and the applicant agree that
this variance shall become null and void if the project has not been completed within one(1) calendar
year after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. All application materials, maps, drawings, and descriptive information submitted with the
application shall become part of the permit.
2. A contract for the shared parking shall be approved by the City Attorney and filed with
the Anoka County Recorder's Office within 60 days after approval of the shared parking
use.
3. At least 75 square feet of outside play area shall be provided for each child under care.
4. Short-term parking of vehicles engaged in loading and unloading of children shall be
provided as close as practical to the principal entrance.
Passed this 14th day of January, 2013
Offered by:
Seconded by:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt
City Clerk
41
P &Z Minutes
Page 7
January 2, 2013
OTHER BUSINESS
There was no other business.
The meeting was adjourned at 7:14 pm.
Respectfully submitted,
Shelley Hanson
Secretary
42
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of- January 14, 2013
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: CITY MANAGER APPROVAL.
ITEM: Designating an Official BY: Tori Leonhardt BY:
"0
Newspaper for 2013 DATE: January 14, 2013 DATE:
NO:
Each year the City Council designates an official newspaper for publishing of legal notices and other
required publications. State statute requires the newspaper to be published at least twice a month,be a
Legal Newspaper registered with the Secretary of State's office,be circulated in the political subdivision
which it purports to serve, and have at least 400 copies regularly delivered to paying or non-paying
subscribers, or 250 copies delivered to paying or non-paying subscribers if the political subdivision it
purports to serve has a population under 1,300, have no more than 75 percent of its printed space
comprised of advertising material and paid public notices in at least half of its issues each year, have its
known office of issue established in either the county in which it lies, or the political subdivision which
the newspaper purports to serve, file a copy of each issue immediately with the State Historical Society,
be made available at single or subscription prices to any person or entity requesting the newspaper, have
complied with all the foregoing conditions of this subdivision for at least one year immediately
preceding the date of the notice publication,between September I and December 31 of each year
publish a sworn United States Post Office periodicals-class statement of ownership and circulation, and
after publication, submit to the secretary of state by December 31 a filing containing the newspaper's
name, address of its known office of issue,telephone number, and a statement that it has complied with
all of the requirements of this section and paid the$25 fee.
Based on these requirements, as of December 31, 2012,there are currently two newspapers serving
Columbia-Heights that meet the criteria: Sun Focus News and the Anoka County Union. The Sun Focus
submitted a letter of interest for 2013. The Sun Focus fees are $9.90 per column inch for first insertion
and 5.50 per column inch, for each subsequent insertion. Most of the legal notices we do are subsequent
insertions.
Recommend Motion: Motion to designate the Sun Focus News as the City of Columbia Heights official
legal newspaper for 2013.
COUNCIL ACTION:
hA2013 legal newspaper
43
Minnesota Office of the Secretary of State : Legal Newspapers Page 1 of 1
Legal Newspapers
Legal newspapers are officially designated publications in which citizens and governmental units advertise notices
required by law. For example,individuals and businesses filing Assumed Name Certificates at the Secretary of
State's office must advertise their intention to use a name in two consecutive issues of a legal newspaper. In
addition,the law requires that notices must be placed in legal newspapers for many public hearings,opening of bids
for public contracts,public land sales,corporate dissolutions,and numerous other private and government
activities. There are over 350 legal newspapers currently registered with the Minnesota Secretary of State's office.
List of Legal Newspapers(xls)
Application to apply for Legal Newspaper Status(PDF)
http://www.sos.state.mn.us/index.aspx?page=98 44 12/5/2012
33 IA.02,2012 Minnesota Statutes Page 1 of 2
2012 Minnesota Statutes
331A.02 REQUIREMENTS FOR A QUALIFIED NEWSPAPER.
Subdivision 1. Qualification.No newspaper in this state shall be entitled to any compensation or fee for
publishing any public notice unless it is a qualified newspaper. A newspaper that is not qualified must
inform a public body that presents a public notice for publication that it is not qualified.To be qualified,a
newspaper shall:
(a) be printed in the English language in newspaper format and in column and sheet form equivalent in
printed space to at least 1,000 square inches,or 800 square inches if the political subdivision the newspaper
purports to serve has a population of under 1,300 and the newspaper does not receive a public subsidy;
(b) if a daily, be distributed at least five days each week. If not a daily,the newspaper may be
distributed twice a month with respect to the publishing of government public notices. In any week in which
a legal.holiday is included, not more than four issues of a daily paper are necessary;
(c) in at least half of its issues each year, have no more than 75 percent of its printed space comprised of
advertising material and paid public notices. In all of its issues each year, have 25 percent; if published more
often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the
community which it purports to serve. Not more than 25 percent of its total nonadvertising column inches in
any issue may wholly duplicate any other publication unless the duplicated material is from recognized
general news services:
(d)be circulated in the political subdivision which it purports to serve,and either have at least 400
copies regularly delivered to paying subscribers,or 250 copies delivered to paying subscribers if the political
subdivision it purports to serve has a population of under 1,300,or have at least 400 copies regularly
distributed without charge to local residents,or 250 copies distributed without charge to local residents if the
political subdivision it purports to serve has a population of under 1,300;
(e) have its known office of issue established in either the county in which lies, in whole or in part,the
political subdivision which the newspaper purports to serve, or in an adjoining county;
(f)file a copy of each issue immediately with the State Historical Society;
(g) be made available at single or subscription prices to any person or entity requesting the newspaper
and making the applicable payment, or be distributed without charge to local residents;
(h)have complied with all the foregoing conditions of this subdivision for at least one year immediately
preceding the date of the notice publication:
(i) between September I and December 31 of each year publish a sworn United States Post Office
periodicals-class statement of ownership and circulation or a statement of ownership and circulation verified
by a recognized independent circulation auditing agency covering a period of at least one year ending no
earlier than the June 30 preceding the publication deadline. When publication occurs after December 31 and
before July 1, qualification shall be effective from the date of the filing described in paragraph 0)through
December 31 of that year; and
0)after publication, submit to the secretary of state by December 31 a filing containing the newspaper's
name,address of its known office of issue,telephone number,and a statement that it has complied with all of
the requirements of this section.The filing must be accompanied by a fee of$25. The secretary of state shall
make available for public inspection a list of newspapers that have filed. Acceptance of a tiling does not
constitute a guarantee by the state that any other qualification has been met.
Subd. 2.[Repealed, 2004 c 182 s 33]
https://www.revisor.mn.gov/statutes/?id=331A.02 45 12/5/2012
33IA.02,2012 Minnesota Statutes Page 2 of 2
Subd.3.Publication; suspension;changes.The following circumstances shalt not affect the
qualification of newspaper, invalidate an otherwise valid publication,or invalidate a designation as official
newspaper.
(a) Suspension of publication for a period of not more than three consecutive months resulting from the
destruction of its known office of issue, equipment, or other facility by the elements; unforeseen accident,or
acts of God or by reason of a labor dispute.
(b)The consolidation of one newspaper with another published in the same county, or a change in its
name or ownership, or a temporary change in its known office of issue.
(c)Change of the day of publication,the frequency of publication,or the change of the known office of
issue froin one place to another within the same county.Except as provided in this subdivision,suspension
of publication,or a change of known office of issue from one county to another,or failure to maintain its
known office of issue in the county, shall deprive a newspaper of its standing as a qualified newspaper until
it again becomes qualified pursuant to subdivision 1.
Subd. 4.Declaratory judgment of legality.A person interested in a newspaper's qualification under this
section may petition the district court in the county in which the newspaper has its known office of issue for
a declaratory judgment to determine;whether the.newspaper is qualified.Unless filed by the publisher,the
petition and summons shall be served on the publisher as in other civil actions. Service in other cases shall
be made by publication of the petition and summons once each week for three successive weeks in the
newspaper or newspapers the court may order and upon the persons as the court may direct.Publications
made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside shall
be valid. Except as provided in this subdivision,the Uniform Declaratory Judgments Act and the Rules of
Civil Procedure shall apply to the action.
Subd. 5.Posting notices on Web site. If, in the normal course of its business,a qualified newspaper
maintains a Web site,then as a condition of accepting and publishing public notices,the newspaper must
agree to post all the notices on its Web site at no additional cost.The notice must remain on the Web site
during the notice's full publication period. Failure to post or maintain a public notice on the newspaper's Web
site does not affect the validity of the public notice.
History: 1984 c 543 s 3.1: 1985 c.174 s 1; IS
p1985 e 13 s 315; 1987 c 30 s 1; 1987 c 286 s 1. 1988 c 682
ss12: 1990 c 395 s 1; 1991 c 205 s 17; 1997 c 137 s 13;2001 c 38,s 1;2004 c 182 s 8-11;2009 c 152 s 5
https://www.revisor.mn.gov/statutes/?id=331A.02 46 12/5/2012
Lo ct0 -IT wOOO NMM _Nr rtoMOwOrMM V 0 ONO NO (oLoom ww
wO V d N V U) U) w O O NN to w _MM If) CO N00N O torMM � 0) O O (D "t M for N r O O O
f`- V' V 'ct CO rF' tf) N N N O O N V' N U) N ti V It 0) r Cl) M N d• N O O CO 00 r O 00 W M w
I C? V' (O d' MMM � (A I- tf) wN co C7 %t NM V' t; tb "t rM (MN V� NrC N ) MN 0t` w OMN
t- co N n V M A W L[) m) (O M V (D t� 4 M 06 Lf) to O to to U) n N tf) r M h• N h- mT I- 4 (O M V�
N to N N 0 N V' It M M M w In N M N -It N N n m N to m M t` to "t tt w �t M V' w m m ct w U7 h m N M to
c1' W W M M M O N M W r N to w w h r M ,t V w 0) d• V d' st M U) co to r 00 N N (0 U) w 't M
" M M co cc Lo (o � � `° NNNNOOO00000000_000 N Lo N IN IN tN 00 W CO 0000 N Nto U) M O 00 W
N N P• t+ 0) t• N N N N N MMMMU) to In0Lo to 0to N N N m m m m m NNNN N Cl) M w wN 00 N N
00 m
W N O O
O Q O O
M W Cl) Cl) eta W O O -t 0 0 N I- N r- 0 LO (M0 00 0 0 W W ti co ((o N W M M 0) CO W CO tW r- (N0 N 00 t two W 0 V
It t+ V V' M �ttf) W MwwMMNN00000000f` r- r- m mmm04co V wNNOOU) tntom
w to Lo 0 to to 0 m (o (o co (o m 0 (o (o m (o (o (o w w 00 Lo Ln to to 0 In Lo W w 000 co to 0 m 0 w0
to 0 to U) U) to to to to 0 0 U) to to U) U) U) U) U) to m U) to U) U) U) to U) to U) to to U7 U) to U) to In U) U) U) U) to to U)
Z z Z z Z Z Z z Z z z z z z z z z z Z Z z z Z z z Z z z Z z Z z z z z z Z z z Z z z z z
tT
N 0 Cl) O N N m '4 N N O O
oa•- am a nJ �,I YY c > m c a�
° O m m yJ.. m N 2' c C O >,W N J J 3 a m 'Y N N 2.�' 'O E m -
c 0' 'o 'o o o > o U N a) Co a m N v fYn N ° a w Y `> � m o> m
°o o° -0 °o m � � a�i a�i o m c °C x cc mo m o a) 0 0 0 cu (D ° (n - o) ° - c o LC c o 3 E
m a lU 0 0 0 m L L O m Co O 0 c O m O C 0 Q> 0 m m
Q � UUwU0 tLmco L0o0322 �Eo nU) z2 -cc) C) C) Ja: 0 2 Z52 = m
0
0
z � mm � m v a� wwz Z o
Q Q cn m
in p p a) p 0) 0) > >1 > > O O
naa - acc � > > Q m w �' d win d a) (u 'o m
o m en > m 0 $ Q Q `� > L Z b - U) U ° ° : w k > ca > > O
U) i> �2 m � c CO N (n (n •° Efn ln � G CL C > > CD 00 � fn toz NJ >, � Cn Nc > Nd. to
o o is o N N > a) _ @ > c c ° c c a m S Q Q c (n m c n (n 0) > ° •� �c c d >
° UUtiU >m m �> zz ° Q mN = 'm mN o � � � > SUN m (n c c: a) o ti
2U rrrr > � 700m 0 � Z � 22 (nmw � zwwQJs � � EN2mz0 W MOON V (D LL
M O_ _OOOrr NN NO co _MO W NO Cl) NN OMMh W Nww v) C14 MwV N0a) �t
U) O r C) M N N N O O O r M O N O N M N N N O w N 'IT N N It r r r N
N r %t VT r T U) to r r r N h r N r 0 M rt' r r r M M M r r r r N M r V r N N M N r w r 00 r rt
w w t.• O
O W co N N co W V m r _O 0) r.- 0) UM) O
r V Cl) r O M ry
Lo X X X XrLo x '' X X X � OO X X X XM X XM X
X O O O O X N O X O O o X 0 O o 0 0 0 O O � O
m mm m mm V mm m mmm Mmmmm 'IT m M m
O 00 O 000 00 O 0000000000 00 O
CL as o. a0- m as m a. CL amaaaa. md am a
0 C w N fn
N O !- a y
c F-
Q
UlL co C>5 u O N m C -o O °m C !fr V) c0) ~ iUp U >c C �U)c o c- • a) o 0 m m (D (n m c 0) Q oa
m I z
'> �o
c @
c
5c Ym c
c > 0)7- U) (n > w 0
0)•- m CD m 'o 5;> � Ea a wE c
mz ° � d ` �o
�>� m° c
CD
U � J So� a m > — o � a a) m a
U CL m W m Y m m U (n j5_ � m d U > � U Y � CO c J ° UQ �� n Y °YC) Q ZO Cl ac > � C Z
• O n O N C � N (D a) o N a o M m -C Z C U L C
it - m m Un ¢ - c) JUcN oQLL m V °3
L L L L ui
wc wc cc ccma� om v a� m (nam
C C m m m m nm
0)rn N0)E E c c o o W W W W c c c c c c c 0 N 0 -Y 0 0 0 N 0 a Y Y Y Y Y L O a a m m
000O ° oo -2— cc rn ? :3 =5 :3 o mn n nvw
mmmmmmmmmmms tLL
m> m> m> m>
Q Q d d Q d m m m m m m m m m m m mmm mmm 00 U U U U U U U U U U U U U U U U U U U
MEDIA
December 2012
City of Columbia Heights
City Council
590 40th Avenue NE
Columbia Heights,MN 55421
Dear City Council Members:
The Columbia Heights/Fridley Sun-Focus would like to be considered for designation as the legal
newspaper for the City of Columbia Heights for the upcoming year.
A benefit to publishing your legal notices in the Sun-Focus is the free home delivery we provide.
Weekly home delivery of the Sun-Focus results in the most convenient and timely method of
distributing legal notices to area residents.Because Sun Newspapers provides the best source for
community news,your legal notices have the greatest chance of being seen and read if published in
the Sun-Focus newspaper.
All published legal notices are posted on our website,focus.mnsun.com, at no additional charge.
This enhancement to the local news coverage already available on our website will broaden the
readership of your legal notices.
The rate structure for legal notices effective the first of the year is as follows:
First insertion: $10.90 per column inch
Subsequent insertions: $5.50 per column inch
Lines per inch: 10
A notarized Affidavit of Publication will be provided for each published legal notice.The Sun-Focus is
published every Thursday.The submission deadline is 11:00 a.m.on Monday for publication on
Thursday of the same week.The email address to submit legal notices to is sunlegals @ecm-inc.com.
If you require more information to help you make your decision,please contact Lisa Smith in our
Legal Notice Department at 952-392-6829.Thank you for considering the Sun-Focus for legal
newspaper designation for the City of Columbia Heights.We appreciate the opportunity to serve the
needs of your community.
Sincerely,
Jeff Coolman
General Manager
10917 Valley View Road,Eden Prairie,MN 55344 • 952-392-6829 • focus.mnsun.com
48
CITY COUNCIL LETTER
MEETING OF: JANUARY 14,2011
AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER
NO: FINANCE APPROVAL
ITEM: DESIGNATE OFFICIAL DEPOSITORIES BY: Jackie Senko BY:
FOR THE CITY OF COLUMBIA HEIGHTS
DATE: January 2, 2013
RESOLUTION NUMBER 2013-001
Each year the council designates by resolution the depositories for city funds and investments.
The attached resolution follows the general format of the resolution passed in previous years.
Under this resolution, investment firms that may be used by the city must be located in the State
of Minnesota, and all investments must comply with authorized investments as set forth in
Minnesota statutes.
Although the City's general banking transactions are conducted through Northeast Bank, the
City of Columbia Heights does maintain accounts at Wells Fargo Bank of Minnesota,N.A. and
U.S. Bank for certain ancillary or specialized services.
It is staff's recommendation that we maintain these three banking relationships as they meet the
City's current needs and, in combination, they provide capacity for addressing the City's
evolving needs for electronic banking services.
RECOMMENDED MOTION: Move to waive the reading of Resolution 2013-001, there being
ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2013-001, being a resolution
designating official depositories for the City of Columbia Heights.
Attachment
COUNCIL ACTION:
49
RESOLUTION NO. 2013-001
DESIGNATE OFFICIAL DEPOSITORIES FOR THE CITY OF COLUMBIA HEIGHTS
IT IS HEREBY RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota,N.A., and
U.S. Bank are hereby designated as depositories of the funds of this corporation.
IT IS FURTHER RESOLVED,that checks, drafts, or other withdrawal orders issued against the
funds of this corporation on deposit with said banks shall be signed by the following:
Mayor
City Manager
Treasurer-Finance Director
and that said banks are hereby fully authorized to pay and charge to the account of this
corporation any checks, drafts, or other withdrawal orders.
BE IT FURTHER RESOLVED,that Northeast Bank, Wells Fargo Bank of Minnesota,N.A., and
U.S. Bank are hereby requested, authorized and directed to honor checks, drafts or other orders
for the payment of money drawn in this corporation's name, including those drawn to the
individual order of any person or persons whose name or names appear thereon as signer or
signers thereof, when bearing or purporting to bear the facsimile signatures of the following:
Mayor
City Manager
Treasurer-Finance Director
and that Northeast Bank, Wells Fargo Bank of Minnesota,N.A., and U.S. Bank shall be entitled
to honor and to charge this corporation for all such checks, drafts or other orders,regardless of
by whom or by what means the facsimile signature or signatures thereon may have been affixed
thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified
to or filed with the Banks by the Treasurer or other officer of his corporation.
BE IT FURTHER RESOLVED,with respect to limited-purpose imprest bank accounts at
Northeast Bank, the applicable signatories in the foregoing part of this resolution, for both
original and facsimile signatures, shall be any two of the three persons listed above.
BE IT FURTHER RESOLVED,that any and all resolutions heretofore adopted by the City
Council of the corporation and certified to as governing the operation of this corporation's
account(s)with it, be and are hereby continued in full force and effect, except as the same may
be supplemented or modified by the foregoing part of this resolution.
BE IT FURTHER RESOLVED, that all transactions, if any, relating to deposits, withdrawals, re-
discounts and borrowings by or on behalf of this corporation with said banks prior to the
adoption of this resolution be, and the same hereby are, in all things ratified, approved and
confirmed.
BE IT FURTHER RESOLVED, that any bank designated above as a depository, may be used as
a depository for investment purposes, so long as the investments comply with authorized
investments as set forth in Minnesota Statutes.
50
BE IT FURTHER RESOLVED, that any brokerage firm with offices in the State of Minnesota
may be used as a depository for investment purposes so long as the investments comply with the
authorized investments as set forth in Minnesota Statutes.
Passed this 14th day of January, 2013
Offered by:
Seconded by:
Roll Call:
Mayor Gary Peterson
Tori Leonhardt, City Clerk/Council Secretary
51
CITY COUNCIL LETTER
MEETING OF: JANUARY 14,2013
AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER
NO: FINANCE APPROVAL
ITEM: ACCEPT CERTAIN DONATIONS BY: JACKIE SENKO BY:
RECEIVED BY THE CITY OF
COLUMBIA HEIGHTS DATE: January 14,2013
RESOLUTION NUMBER 2013-002
Annually, staff compiles in resolution format a list of private donations received by the City and
submits these for formal acceptance by the City Council. The main intent of this is to comply
with Minnesota Statute 465.03 Gifts to Municipalities. That statute provides that municipalities
can accept donations subject to donor terms, if the acceptance is by a resolution approved by at
least two-thirds of the City Council.
It should be noted that this statute prohibits accepting donations with religious or sectarian
purposes.
Staff recommends that the City Council adopt the following motions:
RECOMMENDED MOTION: Move to waive the reading of Resolution 2013-002 there being
ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2013-002 being a resolution to accept
certain donations received by the City of Columbia Heights.
Attachment
COUNCIL ACTION:
52
RESOLUTION NO. 2013-002
ACCEPT CERTAIN DONATIONS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS
WHEREAS, the City Of Columbia Heights has received the following donations;
BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Columbia
Heights accepts these donations, subject to the donor-prescribed terms listed:
Date Donor Doc Rei Amount Purpose
5/21/2012 FRIENDS OF COL. HGTS 142855 600.00 COMM DEV
4/10/2012 HEDERMAN,DANNY 142467 50.00 FIRE
6/15/2012 RIFAI,SAMIHA 143078 200.00 FIRE
8/6/2012 ALERUS FINANCIAL 143609 100.00 FIRE
12/19/2012 SOWADA,PATRICIA A 145379 100.00 FIRE
3/5/2012 LIBRARY 142144 59.97 LIBRARY
3/12/2012 LIBRARY 142203 214.99 LIBRARY
3/19/2012 LIBRARY 142248 117.00 LIBRARY
3/19/2012 LIBRARY 142249 100.00 LIBRARY
3/26/2012 LIBRARY 142304 294.60 LIBRARY
4/2/2012 LIBRARY 142378 120.28 LIBRARY
4/9/2012 LIBRARY 142443 10.00 LIBRARY
4/9/2012 FRIENDS OF THE SAINT PAU 142454 500.00 LIBRARY
5/21/2012 LIBRARY 142856 25.00 LIBRARY
8/6/2012 MURZYN,RUSSELL 143618 725.00 PARKS
6/7/2012 ALERUS FINANCIAL 143019 100.00 POLICE
3,316.84
6/20/2012 Anonymous 143122 300.00 FIREWORKS
7/11/2012 COL HGTS LIONS CLUB 143348 500.00 FIREWORKS
6/28/2012 CREST VIEW MANAGEMENT SE 143206 25.00 FIREWORKS
7/6/2012 KORDIAK,JIM 143299 25.00 FIREWORKS
6/22/2012 Anonymous 143148 400.00 HEIGHTS IDOL
7/11/2012 COL HGTS ATHLETIC BOOSTE 143349 17,000.00 RECREATION
7/18/2012 SPORTS STAR PHOTOGRAPHY 143417 906.62 RECREATION
1/31/2012 SHAMROCK CASINO TOURS 141873 20.00 SENIOR PROGRAM
2/3/2012 PETERS,MARILYN 141904 6.00 SENIOR PROGRAM
2/3/2012 HEDERMAN,DANNY 141905 50.00 SENIOR PROGRAM
6/5/2012 SHAMROCK CASINO TOURS 142993 20.00 SENIOR PROGRAM
7110/2012 A. NORMAN & CO, INC. 143338 235.00 SENIOR PROGRAM
19,487.62
22,804.46
Passed this 14th day of January, 2013
Offered by:
Seconded by:
53
Roll Call:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt, City Clerk/Council Secretary
54
COLUMBIA HEIGHTS- CITY COUNCIL LETTER
Meeting of January 14,2013
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: Administration APPROV L
ITEM: Appoint EDA BY: Gary L. Peterson BY:
NO: DATE: January 7, 2013 DATE:
Background:
The Mississippi Water Management Organization(MWMO)requires a council liaison be
appointed annually.
Donna Schmitt's term as council liaison has expired.
The Enabling Resolution states that"members shall be appointed by the Mayor with approval of
the City Council".
Recommended Motion:
MOTION: Move to approve the Mayor's appointment of Donna Schmitt to the Mississippi Water
Management Organization.
COUNCIL ACTION:
55
COLUMBIA HEIGHTS -CITY COUNCIL LETTER
Meeting of. January 14, 2013
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: Administration APPROVAL
ITEM: Appoint EDA/HRA BY: Gary L. Peterson BY: '''�
NO: DATE: January 14, 2013 DATE:
Background:
The EDA and HRA terms of Mayor Peterson, Councilmember Nawrocki, and Councilmember
Williams have expired.
The Enabling Resolution states that"members shall be appointed by the Mayor with approval of
the City Council".
Recommended Motion:
MOTION: Move to approve the Mayor's appointment of Gary Peterson, Bruce Nawrocki, and Bobby
Williams to the vacant HRA positions.
MOTION: Move to approve the Mayor's appointment of Gary Peterson, Bruce Nawrocki, and Bobby
Williams to the vacant EDA positions.
COUNCIL ACTION:
56
CITY COUNCIL LETTER
Meeting of January 14, 2013
AGENDA SECTION: Consent Agenda ORIGINATING CITY
DEPARTMENT: MANAGER
NO: Fire APPROVAL
ITEM: Appoint Mayor and City Manager to BY: Gary Gorman BY: ,d
Firefighter Relief Association.
DATE: January 14, 2013 DATE:
NO:
Background: State Statute 424a.04 mandates that the City Council annually appoint
two trustees to the Columbia Heights Volunteer Firefighters Relief Association board
of trustees. Under the Statute one of the trustees must be an elected official and the
other can be an elected or appointed official. In the past the Mayor and City Manager
have been the two trustees appointed to the board.
Analysis/Conclusions: To maintain consistency and to follow State Statute the
Columbia Heights Volunteer Firefighters Relief Association is requesting the City
Council to appoint the Mayor and City Manager to the board of trustees.
RECOMMENDED MOTION: Move to appoint the Mayor and City Manager to
the Columbia Heights Volunteer Firefighters Relief Association board of trustees for
2013.
COUNCIL ACTION:
57
COLUMBIA HEIGHTS- CITY COUNCIL LETTER
Meeting of January 14, 2013
AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: Meeting date:
Fire
No.
ITEM: Authorize Extension of Fire .`
Service Contract with City BY: Gary Gorman . .
of Hilltop.
No: DATE: January 14, 2013
Background: In 2004 the City entered into a three-year agreement to provide fire and EMS services
to the City of Hilltop. The contract has been extended in three year increments since the original.
The proposed increase for 2013 is a 2% increase over the 2012 service fee with a 2%increase in the
second year and 0% increase in the third year. A $7269.34 capital equipment contribution is included
each year. The City of Hilltop has approved the contract.
RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter
into a three-year Fire and EMS service contract with the City of Hilltop starting January 1,
2013 and extending through December 31, 2015.
COUNCIL ACTION:
58
JOINT AGREEMENT AND CONTRACT
BETWEEN THE CITY OF COLUMBIA HEIGHTS
AND THE CITY OF HILLTOP
FOR FIRE FIGHTING AND
EMERGENCY MEDICAL SERVICES
This Agreement, made and entered into by and between the City of Columbia Heights,
hereinafter referred to as "Columbia Heights", and the City of Hilltop, hereinafter referred to as
Hilltop";
WITNESSETH;
WHEREAS, Columbia Heights presently has a Fire Department suitably equipped for fire
fighting and emergency medical service;and
WHEREAS, Hilltop has no adequate fire fighting equipment of its own, and desires to
obtain the use of Columbia Heights equipment, and the services of its firefighters, instructors,
inspectors and emergency medical responders for the properties and persons within the territorial
limits of Hilltop,Anoka County,Minnesota.
THEREFORE, it is mutually agreed:
SECTION I
That Columbia Heights shall f1amish to Hilltop fire fighting services and emergency medical
services to the same extent as is afforded to residents and properties in the City of Columbia
Heights by the Fire Department of Columbia Heights, including fire suppression, Minnesota State
Fire Code inspections, fire education programs in schools, public education, and emergency
medical services, including all administrative and capital costs associated with said services.
SECTION II
That as and for compensation, Hilltop shall pay to Columbia Heights for fire fighting and
emergency medical services the following amounts covering the periods corresponding thereto as
follows:
January 1,2013—December 31,2013 $64,954.22
January 1,2014—December 31,2014 $66,107.92
January 1,2015—December 31,2015 $66,107.92
59
I
Said annual payments include a capital contribution for equipment in the amount of $7,269.34 c
which is included each year's payment above.
i
SECTION III
I
That this Agreement is for a term of three (3) years beginning January 1, 2013, and shall
remain in effect until December 31, 2015. Either party may terminate this Agreement for
substantial and material breach of the terms of this Agreement upon five (5) months' prior written
notification to the other party.
That Columbia Heights may terminate this Agreement upon forty-five (45) days' written
notice when any semi-annual fee required to be paid by Hilltop has not been received by Columbia
Heights during normal business hours thirty (30) calendar days after January 1 and July 1,
respectively. Payments made thirty(30)days after January 1 and after July 1,respectively,but prior
to the forty-five (45) days' notice of cancellation, shall void the cancellation. Further, should
substantial and material changes in conditions occur which are beyond the control of either the City
of Columbia Heights or the City of Hilltop such that performance by Columbia Heights or Hilltop
becomes impossible, then this Agreement can be terminated by Columbia Heights upon five (5)
months' written notice by either city.
i
I
SECTION IV
Payment adjustments for following contract terms shall be based on per capital calculations
based on the respective populations of Columbia Heights and Hilltop, including changes in
populations, the Columbia Heights Fire Department budgets for 2016 for the prospective contract
terms of 2016 through 2018, and taking into account actual equipment purchases minus any state
and federal grants, aids or contributions. Population figures for Hilltop and Columbia Heights shall I
be based on the then most recent population figures compiled by the Metropolitan Council. 1
SECTION V
That where deemed necessary by statute or by law enforcement agencies, arson
investigation services shall be rendered by Columbia Heights to Hilltop. Said services shall be
rendered at a rate of Forty-Five and no/100 Dollars ($45.00) per hour, plus expenses incurred by
Columbia Heights for gathering and processing evidence. Columbia Heights shall notify Hilltop in
advance should estimated arson investigation services and expenses exceed Five Hundred and
no/100 Dollars ($500.00)per investigation.
That where deemed necessary by the Fire Chief of Columbia Heights(if the chief is present,
otherwise the next in command or agent), the emergency abatement for the health and safety of
residents or to secure property, said expenses shall be rendered at the actual costs of the emergency '
abatement.
t
+y I
-2-
60
i
SECTION VI
That payments of the fees under the terms of this contract shall be due and payable by
Hilltop to Columbia Heights as follows: j
January 1,2013: $32,477.11
July 1,2013: $32,477.11
January 1,2014: $33,053.96
July 1,2014: $33,053.96 !
January 1,2015: $33,053.96
July 1,2015: $33,053.96
Arson investigation and emergency abatement fees shall be due and payable by Hilltop to
Columbia Heights within thirty (30) days of receipt of invoicing by Columbia Heights for said
investigation or emergency abatement.
Payments made after the due date shall bear interest at the rate of 8% on the delinquent
balance until paid.
SECTION VII
That the operation of the equipment and the direction of its use at the scene of the fire,
together with its firefighters, shall be under the complete charge of the Fire Chief of Columbia !
Heights (if the chief is present, otherwise the next in command or agent). The question of fact in
each instance as to whether or not the fire equipment and personnel of Columbia Heights are ready
and able to respond to a call in Hilltop shall be determined by the Fire Chief or the next in
command or agent. As a member of a mutual aid fire fighting pact, Columbia Heights may commit
equipment of pact partner communities, as needed to fight fires in Hilltop, should Columbia
Heights equipment be deemed unavailable by the Fire Chief, next in command or agent. In the
event that the Fire Chief or next in command determines that Columbia Heights equipment to be
insufficient to fight a fire or fires in Hilltop, necessitating the need to commit equipment of a pact
partner community, Hilltop agrees to pay an additional sum of Two Hundred Seventy and no/100 I
Dollars ($270.00) to Columbia Heights to be used by Columbia Heights for payment to the pact
partner community for the purpose of defraying the expense of that pact partner community
incurred through responding to a Hilltop fire.
SECTION VIII
That this Agreement contains the entire agreement of Columbia Heights and Hilltop and no
representations, inducements, promises of any other agreements, oral or otherwise, not embodied
herein, shall be of any force or effect.
-3-
!
61
i
SECTION IX
That Hilltop shall indemnify the City of Columbia Heights and hold it harmless from all
claims, actions, suits, proceedings, costs, expenses, damages, and liabilities arising out of
firefighting, emergency medical, and inspection services furnished by Columbia Heights to Hilltop.
However, such indemnification liability of Hilltop to Columbia Heights shall specifically exclude
workers' compensation claims, motor vehicle no-fault claims (PIP), health and medical care costs
for Columbia Heights employees.
Hilltop has obtained insurance coverage from LMCIT to cover this contractual liability.
Hilltop's liability to Columbia Heights shall be limited to the coverage afforded by this insurance
policy, except that the $10,000.00 deductible provision of the policy shall not apply to Hilltop's
responsibility to indemnify Columbia Heights. Hilltop shall name Columbia Heights as a
certificate holder on said insurance policy, and the policy shall bear a provision that requires that
insurer give Columbia Heights not less than thirty (30) days' written notice of termination,
cancellation,or any change in coverage under the policy. The cancellation provision may not bear a
disclaimer limiting the obligation of the insurer to only "endeavor" to give notice and may not
contain a disclaimer that the insurer shall bear no responsibility by failing to provide such notice.
Columbia Heights shall have the right to examine and inspect any policies of insurance
issued to cover Hilltop's contractual liability established by this Agreement, including the first
policy to be issued hereunder. Columbia Heights shall further have the right to demand reasonable
assurances fiom Hilltop's insurers that Hilltop's insurers will not attempt to invalidate the
indemnity provisions of the contract.
Hilltop agrees to use its best efforts to maintain the same or similar liability insurance
during the term of this Agreement.
This Agreement to indemnify and hold harmless does not constitute a waiver by either
Columbia Heights or Hilltop of limitations on liability provided by Minnesota Statutes, Chapter
466.
SECTION X
Notwithstanding any provision herein to the contrary, in the event that Hilltop fails to
maintain and furnish to Columbia Heights required policies of insurance as satisfactory to
Columbia Heights or if Hilltop's insurer fails to provide the assurances required, Columbia Heights
may at any time during the term of this Agreement terminate this Agreement effective upon sixty
(60)days' written notice to Hilltop.
i
I
I
I
i
i
-4-
62
i
i
i
I
IN WITNESS WHEREOF, Columbia Heights and Hilltop have caused this Contract to be
duly rated by their respective Councils and executed pursuant thereto as of the day and year first
above written.
I
Dated this day of ,2012.
Approved as to form: CITY OF COLUMBIA HEIGHTS
A Municipal Corporation
By By
Jim Hoeft,City Attorney Gary Peterson,Mayor
for Columbia Heights
and
Walter Fehst,City Manager C
i
Approved as to form: CITY OF HILLTOP I
A Municipal Corporation I
I
B By 01111
Carl e qui Je Murp y,Mayor
City Attorney f illtop
and k� y-diO Q".— i
Ruth Nelsen, City Clerk I
i
i
I
i
i
i
i
-5- �
63
CITY COUNCIL LETTER
Meeting of January 14, 2013
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: APPROVAL
ITEM: Rental Housing BY: Gary Gorman BY:
Licenses
NO: DATE: January 8, 2013 DATE:
Approval of attached list of rental housing applications.
RECOMMENDED MOTION: Move to approve the items listed for rental housing
license applications for January 14, 2013 in that they have met the requirements of the
Property Maintenance Code.
COUNCIL ACTION:
64
COLUMBIA HEIGHTS Print Rental Licenses to
FIRE DEPARTMENT approve by CC
825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-70"156-Fax:763-706-8151
10125 4030 QUINCY ST Azizi, Walter F12290
14702 Excelsior Blvd.#1372 $ 150.00
Minnetonka, MN 55345
10128 4117 JEFFERSON ST Sajady, Nasreen F12218
4117 Jefferson $ 150.00
Columbia Heights, MN 55421
10145 4311 RESERVOIR BLVD Hinrichs, Eric F12180
4259 Arthur St NE $372.50
Columbia Heights, MN 55421
10175 4000 WASHINGTON ST Bona, Brian F12182
5333 University Ave $ 150.00
Fridley, MN 55421
10333 5060 MULCARE DR Seawell, Dave F12176
4126 Tyler Street NE $200.00
Columbia Heights, MN 55421
10375 4332 6TH ST Kieler Construction&Holdings LLC F12177
3600 Holly Lane#10 $ 150.00
Plymouth, MN 55447
10393 1205 44 1/2 AVE Jelle, Christa F12047
75 Bushey Rd. $ 150.00
Pittsfield, MA 01201
30092 3838 MCKINLEY ST Hart Lakes Apartments, LLC F12205B
5402 Parkdale Dr STE.#200 $470.00
St. Louis Park, MN 55416
Total#of Licenses 8
01/08/2013 10:47 Page 1
65
CITY COUNCIL LETTER
Meeting of. January 14, 2013
AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: License Agenda BY: Shelley Hanson DATE: r� '
NO: DATE: January 9, 2013 BY:
BACKGROUND/ANALYSIS
Attached is the business license agenda for the January 14,2013 Council meeting. This agenda consists
of applications for Contractor licenses for 2013.
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 January 14,2013 as presented.
COUNCIL ACTION:
TO CITY COUNCIL January 14, 2013
66
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES -2013
BLDG *Kraus Anderson Const 525 So. 8th St, Mpls $60
*Patricki Plumbing 3445 178th Ln NW,Andover $60
*Servin Plumbing 71235 240th St. Dassel $60
Park Plumbing PO Box 896, Winsted $60
*Plumb Right Corp 1216 82nd Ave N, Brk Pk $60
*Larson Plumbing 3095 162nd Ln, Andover $60
*Dean's Professional Plumb 7400 Kirkwood Crt N,Maple Gr $60
*Blue Rain Plumbing 8821 Woodland Rd, Bloomington $60
*North Anoka Plumbing 22590 Rum River Blvd, St Francis $60
*Century Plumbing 590 Hayward Ave N,Oakdale $60
Roto Rooter 14530 27th Ave N, Plymouth $60
*Superior Co of MN 1244 60th Ave NW, Rochester $60
*Associated Mechanical Cont 1257 Marschall Rd, Shakopee $60
*Rum River Refrig 13117 314th Ave NW, Princeton $60
*McDowell Co. PO Box 606, Waite Park $60
*Pfiffner Htg 6301 Welcome Ave N,Brk Pk $60
*Louis De Gideo Serv. 21033 Heron Way, Lakeville $60
*South-Town Refrigeration 6325 Welcome Ave, Brk Pk $60
Dave's Heating 1601 37th Ave, Col Hts $60
*North Country Aire 29617 River Ridge Rd,Isanti $60
Gilbert Mechanical 4451 W 76th St, Edina $60
*Royalton Htg 4120 85th Ave N, Brk Park $60
*Topline Advertising 11775 Justen Cir, Maple Grove $60
*MN Tree Experts 7527 Oliver Ave N, Brk Pk $60
*Arbor Tree Design PO Box 290298, Brk Center $60
*Asplundh Tree Expert 4501 103'Ct NE, Cir Pines $60
*The Davey Tree Expert 1500 N Mantua St, Kent OH $60
67
CITY COUNCIL LETTER
Meeting of: January 14, 2013
AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER
NO: Recreation APPROVAL
ITEM: Establish John P. Murzyn Hall rental rates BY: Keith Windschitl BY:
for 2014 Recreation Director
NO: DATE: 12/31/12
BACKGROUND
The Columbia Heights Park and Recreation Commission unanimously approved the 2014 Murzyn Hall rental
rates at their meeting on December 12, 2012. Staff has recommended rental rates for 2014 remain the same as
they are for 2013. The 25% resident discount is still available for residents of the City of Columbia Heights. A
copy of the proposed 2014 rental rates is attached.
RECOMMENDED MOTION: Move to adopt the 2014 John P. Murzyn Hall rental rates as outlined by the
Park and Recreation Commission at their meeting of December 12, 2012.
COUNCIL ACTION:
ADMIMCC 13RATE
68
JOHN P. MURZYN HALL RENTAL RATES
Rentals in 2013 will pay the 2013 rates, and rentals in 2014 will pay the 2014 rates.
RENTAL INFORMATION 2013 RATES 2014 RATES
Sun - Fri (Saturday) Sun -Fri (Saturday)
Hall/Kitchen/LaBelle Lounge w/Tax $1,028.40 $1,344.42 $1,028.40 $1,344.42
Hall/Kitchen/LaBelle Lounge $960.00 $1,255.00 $960.00 $1,255.00
Hall $735.00 $887.00 $735.00 $887.00
Kitchen $125.00 $147.00 $125.00 $147.00
LaBelle Lounge $220.00 $268.00 $220.00 $268.00
Gauvitte Room $175.00 $195.00 $175.00 $195.00
Prestemon Room $175.00 $195.00 $175.00 $195.00
Ed emoor Room $175.00 $195.00 $175.00 $195.00
Keyes Room $175.00 $195.00 $175.00 $195.00
Maithaire/McKenna Room $250.00 $285.00 $250.00 $285.00
Senior Center $250.00 $285.001 $ 50.001 $285.00
Down Payment non-refundable $500/$100 $500/$100 $500/$100 $500/$100
Damage Deposit refundable $500/$250 $500/$250 $500/$250 $5001$250
Security Officer Deposit $150.00 $150.00 $150.00 $150.00
Security Officer hourly rate $25.00 $25.00 $25.00 $25.00
Pop/CO2 Charge $100/$150 $100/$150 $100/$150 $100/$150
Early Entry Fee* $60.00 $60.00 $60.00 $60.00
Custodial Charge per hour $25.00 $25.00 $25.00 $25.00
Events Lasting 2 hours or less 50% NIA 50% N/A
Events Lasting 4 hours or less 25% N/A 25% N/A
Hei hts Resident Discount** 25% 25% 25% 25%
All rental rates& deposits are subject to State Sales Tax.
All JPM rentals end at 1:00 a.m.An $85.70 late fee will be assessed every 30 min. after 1:00 a.m.
Saturday/Sunday rental time: 12:00 noon- 1:00 a.m. Friday rental time: 9:00 a.m. - 1:00 a.m.
* Subject to approval by Recreation Director and/or Park& Recreation Commission.
**Columbia Heights Resident discount is exclusively limited to the renter or their parents.
All rentals are required to use the in-house pop dispensers behind the bar.
Single room rentals have a maximum rental time of 7 hours.
Linen and Napkin rental is available upon request. 2013 Prices are as follows:
White or Ivory Linens $7.00 per hall table(60"rounds and 8'x 2 1/2' banquet tables)
Tax additional $3.50 per bar table $ .50 per napkin (various colors available)
Linen and Napkin rentals will need to be paid 2 weeks prior to your rental date.
A$50 Service Charge may apply to special orders made within the week prior to the event.
White Melamine Dinnerware,Silverware and Plastic Tumblers are available for a rental fee
of$50 plus tax per rental.
Saturday rentals may decorate the Friday before their event from 10:00 am -4:30 pm for a$150 fee.
This reservation can only be made if the hall is available within 2 weeks of the rental date.
69
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
COUNCIL MEETING OF: January 14, 2013 .
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City
Council has received the list of claims paid covering check number 146143 through
146597 in the amount of$ 2,032,448.16.
These checks have been examined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are herby, recommended for payment.
70
tt1 W * * * * * *
C7 a * *
W W * *
x 9
O
H o
0.l * *
ca
* * t
a r * * pa r•
0 U �
4, 0+ * * H O
000 * * W H
HC7Ca7 * * to
U * * r N to
* * m C 0
•H o
* * * * * * H H 1-4
* * (n
* * a u uu4.) 41 41 4J 4J 4-J 1) .0 4J 4J 4.) v
* 0 0 0 0 * U m U
* * z P4
4-) + zzzz * O I
ul
x * zzzz m o>4
x * * o
U * REFCFCFC * N }{
N * * \ N
U W W W W * ~a
* *
* * w 0
* * * * * * w
W 0 0
* * U
41 a �4 �4s4 . u0 \ 4j (1)
H * * N N •' 0 r..i N (V N Rf J-) a U ri
Um * * a toU Nc3d0A O .tort3 �S �
z * * z u0wwE , w �-4 (w
Zoo * * u1 09 (dU d) 23 N
Z4 N * * N H to rAr z U N to • � T$ N to
H\ * * 4-1 C U1 I�f d) td m U �q U m N Q] 0) ro
Cu o * * S4 0 p ,k U C r--4 N 0-1-4 O C! (0 �4 ;:j H R a
H * * O -r1 a TJ U N ?-1 p U -mq:l 0 U X U N rd r-I 0
cfl\ * * S1, 4-1 U 0 ::1 �j �j 0 O G > p rl :�H N U >~h
UH * * N 04 z : 000C~ S-adi Ord 0N -i z
< o * * * * * * a O HCu UcohhU 04 > H !4 M > a�U H p
F
x
U F Ln OOOOON L() M[M I.f) m M O O H H M O m 0M 010 d+ M lD W M01m W MlDO W 0010m 001000M0
H H 00 H 00 w 01 w m N H m m O w m[ D M H 0 N d, 00 Ell lO eM 111 O L- d' m H0 It O W O M cr m O 01 m NO
WW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
x40 O M00H0 ID(n cr WL-ID O L` lO N CO C) �t d H01 L- O L- �D H M 01r W ID O H H O H M m m O H O N N hH
< Mtl- M ,a M( DHIZPkDHML!) W d+N W MNlDd' <NO �Dd' r Md' � W WMHNr-4ww iHMMM 01Mt0Od'
�G a H N N M (Y)0 v H r) M 0) N (lq Ln N N d+ W N <1' H r- Ln It M Lf)H LI)M N d 01
CQO O MOH N lD L() l0 N01 MONO
�N ri N N H H NH
CV
a0 o r
U �^
r-4 p w
O o F
d1 < N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
,H L() A rir-IH H ri H riHH H'i ri H H H H H H H H H H H H ri H H H H H H H H H H H H H H H H H H H H H
F a \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
F-10
U U ri riHHHr-1r-IHHHri ri HriHHri ri rirl ri rlHri ri ri Hri ri rlH Hri rlHHri r-I rl ri ri Hri r-i �-+ ri r-1
w \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
x N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
U ri ri ri ri ri ri '-i ri ri H H ri H ri H H ri r-i.-i H ri r1 H H ri ri ri H H H ri H ri ri r-i H r♦ H ri r-i H H r-i H H H H
L7
z
H M v w L- W mOHNM CN m w L- W 010 H M 'dt m to r- Wm 0HN (n It m w r-W m O H N M It m ID L` m
F .4 Lf)M M M M U) M M L( WW WW WW WW WWr- hr- C- C- L- t` h L- L- W W W W W W W W W W
w U rl ririH Hr-I ri ri ri H H H H H H H H r-IH ri ri HrlH ri rl r-i ri riH ri H rl riH ri riHHHr-iHHHr-IH
H W l0 lfl lD tD lD lD l0 lD w lD lD a \D lD lD l0 �0 lD l0 lD lD tD lD tD to tD tD lD lD lfl
a x Ord d 14d �r �r al Ord �r ter v+ .11 at It IZP It a r cr Ord �rw �rwa rr V q4 t
U ri ri H H r-IHr-i ri r-I ri HH rl H Hr-1 ri H ri ri ri H H H H ri H ri H H H H H H H H H H H ri H ri H Hri
�a
�4 H
0
+a
m
ri O
xv
z W C4 a HH M UHa U1
U a z F w UHFa o o
�H wm O t:) U z� a F m U
No I'd Oz z U W CAZFU H H{ ,, 4co '� W
4 c U O O a HHzz W H
U\ 0 :4 U1 H H Z Ax F w H p; ca cg U H
w zH C=, F F 0 z v] FzDx w x wx Uv�i �
H H w - 4 H HCn coH w W 040 a4 P C4 z W OL
r\-I OW xaza' F W 0 Qna+Hcwi� xz z3rzm � Z >+AUGHZ O1-�
o Oz UW H W 04 W tart Ogg T. H F 04 H0U \ P4 Z WOH F
F P; H FOOZa M 0 U w UIF0 0 9 a4 W aZOZ W P: HNUF co -
z a >+ > z4 W HO W M W w C4 4ZPHW W H p W #k rG Hco
W W FFFUIH �C>~ 3P: x W> P: xwDGU)W 04 WO �Cp o >1P; 0C)C/) z AO
zw � B�a r., 0 U FW FZ0 < F-,xW UxU3W C4 W A4u \< zFHx P:
a OA aAFUtnv �D HMMHxaw HHz HxAOC4Z041.4 4H0 A xxPQ
F H wHOOOHO; \H.1D N rain 09 H � aZ >H UHh HZW W C4P; AUO
ZUrt P: UUU O 2J> xU]cACAE HZaq > O Hw W �CoFOOP;\W ORPP W W W W az
W P: olzW C4 C74 0U P: HH a O x03 :vCQ HzU]H W rxaL�Z W UZFUTA > P: F >+o
F O O W HC!) HZ WPSW H W a P:\�' FHp - �U00 � W xa H W Ha HWZ �Cw
w qq U P4 wawazzxzw > UH FFWC4 UUaFOwwFwFpc� xP;aww - 9w w9Fz
> 2 U cna W 000C4F � aP 000 > OaazwHzaa HCAP AC� FCwu]ZOUOx WXEFww x
U] W FCi Ua z Zww < wwa000 �P:(C, UwxxxoK(�iw FT,' ry' wHHaaowo wwoo zzi'Jo
a� > U � FCFC � FCFC9WRYWMRltxlMMMUUUUUUUAAr=4wrwwr14 wFT4r14 xxxxHHHhL,
z
H H
U M �'
H U
Z N :4
H\ U
r=, o
ri x zx
V H
r�
0 m P]
Cl) N
Ei
x
LJ NMN6 0 nLnMH6 rr00 DLnhw00 V+ wrntnr 0 w00www00H0Lnw0wd+ Ulwr f I- U)
H tDID (nMMO w0 MMW 0lDNNV' V' O OM hHNNOOOON -,4MWOHOOOOMHc,lMHMMr-
xL7 O wwO NN i V rwNlO H 1D m 01 NhM N Ln Ln N N 1n O Ln M O O lO ill N D1 V' h 1l M, 1-1 ri wHOww
Ff; lD t-ir V+ N h O w lD to lD 0001 w o1 N 00 01 w M Ln 01 H U) Ln Ln Lfl lD Ln lD M H w o"MO Vr r Ln ID M 1p 01 to
HPl Ln ri MH V+ Ln H V' M � r VL Hw ID Ln Hr-i HM mm wN 't r-4 H MAD MM Ul
paO O M r w N N M10
N r
OD H H H
H M
r-
0 0
U>
1
F-4 x w
00 E
V' a' N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
'fi Ln Q HHHHHH H r-i ri H H H H ri H H H ri H H ri H r-IH HH r-i HHHH rir-I r-i r-I ri ri r-I H H ri HHHHriH
U U Hri H riHHHHri r-iHHHHriHHHHri ri rlHHHHri Hr-iHri ri ri Hr-ir-iHHr-I ri r-iHriHHHri
x N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
U HHHHriHHr-iH Hr-i ri HriHHHHHri riHHHriHHHr-1HHHHriHHriHHriHHHri ri riH
C7
z
OHNM V' Ln lDrw61OHNMd• ttl�DrwO1OHNM V' MIDrwQ1OHNM 'cM Ul lorwd\O riNMV' Ln lO
H .Yi 61 01 41 01 01 01 61 Q101010000000000HHriHrIHHHHHNNNNNNNNNNMMMMMMM
U1 U HHHr-Ir-Ir-I rl ri ri riNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN
H W lD�D lD to l4 tD tD �D lD lD to lD�D�D lD lfl tD \D lfl \D lD lD w w w to to w�.o w w w to w w tD w w w w w
a x Tt -r jr 31 qN 4 It V 4 44 t T It -;I,w w -rT Izv IQ4 IT IV v+ -tM ;I, t r -ql IV q4 q+
U HHri iHHH riH ri riHHHHHHHHHHHH iHHri iHHHriH HriHHHHHHH HH i
Pa
P H
0
+)
U)
.ri O
x
z 0r14 to r~ w H a a H z 0 O
U 1 Rr' Pa U? UP a cn H H U] Q Cl) PL[-a E-I
U H z O fx 3 W w z U O H z EH H\ C7 00
NO H U U 0 W QxUH � U � H 0 co x4 H Z U U]U] W
4N z zPq ,H4 z U x U H H H � x U H zp.' W W
U\ w E-I H 0 HH W ZRH ZH U X fr. H H U Z4 "$ Ha Cf)
d > Z EN � W � W
P+ U U u Z P UHU �D W Pa Z U] x U
H HMW p4 P4 Z >14H0 H >1 CO 12) F14H caw H >-IHHH Z
\ zE1 W Z Pa z �) Ha > U s0 _q H0 n4 0 0 z - 0 Lama I £Z •--H
H W OH P, H >-gw0 z W W x z W L2f Z x H X21 zUW W W04, U
o � Zz H 04§ U HD4W. W as CnHQ Clt 1rn P � 0 Z M WP, U W W Cl)
d0 �GZ P 0 r=aFCWtu)0 W ZH W xHZF, � Cl] w W ChH014H WaQD CD00H W
c HWa mxz W m0 UHHOU i Z W QOH W W W az EizF-i UQa W U) x r� H
UO W HUQH <QP1U] ZW HZOUIFC HHP7UOUwHa' HW H (,71 :412 UP' pp� % Px >Aw:
FCO u (: < QpPx < H >4 W PL x3R: 9H UHOEQ3- �3y+xH0>+H0 W W W0Ei
x Uzz UaHOHar� �sx Q W 2tE UJ 3fYrGCnr� H\ D; HW x C U3E W✓� C7P U]
H w WHQ Wafx4 oz Eyx\Q Uzzwwax w zawwzw �
W x Q0W 'D �QZ Pad Vl FC C7 aC4W W WHOUP Hw�OUxu] W U W W� H W W0 rj) Hwq
H O O W &I V-10 Zxoo < W W H W - ZHUH � aHQ �WNZ WzxHGL> xW P7aQNW W NN � zH
m U zCnf�, v0 < xx3z xxx xHCn Eya m wE� w w aw 0MzHaaHE-i00
> U z >+ fPUxQzPp1:Qn � xUF-4M44 , EaHwzzQ0nHM ()4 Px 04 zwx0Oxx w .Y.
ca a ' 5 0 � x °aa X2XXXXXXXzzoowawaaaf a4Q cWWWWWnWvWicMME PH>3 3 N
4 z
H H
UU x
M I.H IM
,Zr N x
H\ U
r-a o
H
U ri
< 0 Pq W
U)M
H
x
C7 H 00 O m O di O I f)M Ln r- W moo m m OO IDO t Moo M MLD Ln MM O H d+ OOOMMH L- Ln m O O �} �
H OO N H OBI O h No ML, d+ OOH M M O M lDW O W OOMM ID W HO d+01 WhM lor_M W r_ MW O (n O
WW . . . . . . . . . . . . . . . . . . . . . . . . . . . .
xu o 0100) NOONH rLn Ln N h LD W dI OHd+ W r- Md Nri co Lnr H 4 O o Ln ri Ln H O LD 01 co HID Ln Lnd oo
< Lnd• H NN Ln h (,4 r- N Ln w MN ID HOO M L, r M N lD W W H di ri W lD lD Ln W N O H{ d 0) 0 d' Mhd+ MO
HPi H NHW HMlD ml q WL`- ri MMLnChM -wm M HH01 N LnIZt' MWNOrIHW
CQ O M N L� H N Ln ri LIl
N H N M
Oo
i�
u >
Ga a W
0o H
d' a' N N N N N N N N N N N N N N N (N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
>i Ln Q H H rl H H H H ri H ri H r-i H riH H H H riH g H H H ri H H H H H H H H H H H H rl H H H H H H H H ri
H a \-1 11\\\-1-1-1\-1-1\\\\11\11-1-1\-1 11-1\-1-1-1-1\-1-1-1\-111-1-1-111-1\11-1-1-1
H x N 01 01 0) m m dl 01 0)01 a)01 m 01 m 0) 0) m 0) m 0) 0) m m 01 D1 01 01 Ol m m 01 01 0) 01 01 m 01 m m 01 01 a) m m 01 m
CJ U
H H H r-q HHriHHr grgHHHrlHriHriHHr iHHHHHHHHHririrIHr-IHHr HHriririHHH
x N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
U H H H ri ri rl H H H H H riH rl H H rl Hri H H ri H H H H H ri H rl H rl rl HH H H H H ri H H H rl H HH
C7
z
H L- co m O ri N Md' Ln iD L- co 01OHNM d' Ln LDN W 010 1-4 NMd' Ln ID r- 00 0)O r♦N M It Ln ID r- 00 0)0 H NM
H MMM d+ ld' dld [td' d+ d' d' LnLnLn Ln Ln Ln Ln Ln Ln Ln to LD w LD w w w w w w r- r r- r- r- r- r- r- L- r W W W W
U) U N N N (N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N (14
H W WW W 1,0 W W W W W W W W W W W lD W W lD W W W Lfl W W W lD W \D�,o W lD W LD kD W LD lD W W LD W WlD WtDW
a x
di 1,11 wd d IZV �r er1,P f 14 d l 14, IV rdtd d dt It Izr Ord d d d+ d+ d d ;I, IZP di di di TV "It Ct dt V' d Wd d1d �M
U ri ri H HHHHHHHH H H rI H rI H H H H H H H H H HH H H H H H H ri ri ri H r-I ri H ri riH ri H ri
>,a
�4 H
0
t Z
to
ri O
xu FC OH z A u H U z zzUCa
xM U Hz u z+ Ua U U U Z0H HHHz0
Uri HH z u 0 FC a u H 4 < O z ] H W :1) 4 0U
NO H �Da H U z a aHUU) H za a C4 a0 U
.5..! H auU w o z a u Uzcn m x�Ca u0 oux x
U\ A O zacna H wz zza>1 wzH4U m M w � z U) u0
dq W w L2l H < z � H 44O � OH <U u z W W 4cnu 3FCU H aHHp
H C� U W a CL H u) H Cd H z W �s H a H z z W 04 w w O to u: of
\ U RWzHUHuz W HU HL7Hw H W H4' K4w0H WgW W W UI� zHH
H za WHHzz CL' EgF, H - .1 z P4 U) CT, U) r� zHH P4 zz 0O H HUa
o x HFZ4z >+ a W W (x w QO4HwW 0 Hq W HuZOHwW Q\o z r,4� W
U' HHa U HOO O W U Ho z >+ a w o HFCWx U) H W (x,0aa
W H.1g -za0x (34 2: < W P HHaWa�HcnzUUUHxHW zz ouZ4wcn
X Ca Z I U) H >i a wa�> zxa�x > wPw pHH\wP: H >+ Z z 0
H U) w A'iz a �C 0 >4 O W H < �c H H za waga �C � a 04 Hr� rG P; H wHOz 04
H $ 0 7 >+ IQHHNUwHHu W0HCgo � � 2� \H W0z R: C4HFCL7 x > fn
H cn AQxHXOHHQ4 � rxx\Xawa U U) W amts Wo3 co wx uHwHcn
x F rxW x000Z0Q1U) 0> H3WW >H W a Hz cnx W \CO UUWH Z4rxz
Ewi o o x U �Cwa w x O x zxo � Qw mxH0 C ZP4 H4 E-4 z � 0
zHH zwxw � wQxcn4WW HHOa �Cx � ux - HW Wxa > rxxam
u) U HC Ham WaW za � Uw AHHu)our, azwzw ww x az �aoHw z
ca w � o `�v > aWUZOonai � �w0a � � wwa �� o� gxaacxn ��wwooawaz �m 0
aH U za� � �a � a �aF:4 4 CmmmmmmmuuuuuQQQwwwwwrt u0000000xHHHHHhh
z
H H
U M x
ri
r'
4j
N x
H\ u
CTa O
ri x x
o Cq PQ
m d•
H
x
U H H00 00000 mN LOO m O O ON N HO N NT OMN V, a7N N ODd' OMOo Q,lo h001Md omo off
H N00 m 000 m 0 OD H M 00000 W 10H w 1.f) d' M d1 m H M O O 10 W m O O Oc}I O M M Chd+ M W HOM r
WW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
x0 O OOO C- u) U)Ln OD ko O voo O In OOm ) ID O O H M lD m o H m N N H m da O O H m m N O H O Od1 m mm
K' OOOD OIMH M H h h ri N m dW O N M H Od' M m m m H N C^ md' CO mM , CO N h O to 1D H O M x w W d,
F.� 4 MNHM OLD (-I N 001 d'u) NM tn \D HNMLnNHNC-NHH (n 0) Nr Hli
pq O O H H N
N !` H
tC)
00 0 (�
U �
I
wa w
00 H
cN ' N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
tt) Q HHHHHHHHHHHHHHriHHHriHHHHHHHHHHHHHHHHHriHHHHHHHHHH
H C7 �' m m rn m rn rn rn m rn rn m m m rn rn rn m rn m m m m rn m m m rn rn m rn m m rn rn rn rn m m rn m m rn rn rn m m rn
U U riHHHHHHHHHHHHr-IHHHHHHriHHHHHHH,-IHHH,-�HHHHHHHHHHH �-+ HH
x N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
U HHHHHHHHHHHHHHHHHHHHHHriHHHriHHHHHHHHHHHHHriHHHHHH
t7
z
H lD r- m m 0 H N M 'zv mlO r-N m 0 HN M dzJ4 DISCO m 0HNM d" mr o I` oD m O ri N Md' Ln l0 C- O 01O
H r co OD OD co OD co 01 01 41 01 01 01 01 m m m 0000000000 H H H H H H H H H H N N N N N N N N N NM
m U N N N N N N N N N N N N N N N N M M M M M M M M M M M M M M M M M M M M M M M M M M C')M M M M
H w CD 10 w w w w w w w w w w w w\D 1D l0 l0 w w w CD w w lD\D w w lD w w w w w w w lD 1D k0 w 1D w w w 1D w w
d1 d• Vl 4+ Iqld4 11 Td dV 'Z.41 d d V d d <M d1 �t , 11 V -Zlld' <B eM d1 d1 - d+ d' d'd Zp ,J1 d� �P , d �M d1
U riH i iHHHH iHHH HHriH i � H ri H H H H H H H H H H H H HH H H H H H H H H H riH
�a
0 7
N
(a tD
iO
xU
z w H waH a z �D z HO O L7Uz
M H I H " i-I Q Cf) "J H a u > Q Um zHH
Uri U a U w U O 1 H O HHUza\ C7 H '`>
OH pq 0z � U zH U m mHwHWU aZ aam
xa H zaH mz OH pwcn
U\ O mU > H Wz UH m U OH 0 H H3 mW
z In P4 UmU Up4or� 0 4U) x a
rr-I UZZ awHaU WU wU O H ,'ri m z Wz Q ma z > H W
\ MHO WO 0 zU U 'Saw UHaH 0 � HLtjH- W LS 4 �4Za
H aaHm HC7 '>4H 'i+ ."SH H 14 � I2JZ Pa a H a W H
O aaHww zrCa 9C�CZaxaa ca U) HwS< 0 04 w �waW WmO �� 3
W H 'D W W H ,"� Om ozFC W z W a Wz `� > H u W aZD0 WU w
rzng0w W Hw aWmmH <mHh 40 � I I HwHaHOx OU WHQPZmZWU?im4H
U) a a mFi HHC7w Z 04 W xx33FC W U M U W U wz W O- Ht:) >H4 W H
W a zzH 04 c4 El -1 840E rr� W� U � mm 03 > amw N >+ Ua UW H a
H za3 �C WE+ 0 o 9 mx\QFCz 40u) (q aq CI W H\wU>HZHH W ww C4H H
x W O W W a I Z mHHW p4HEEr.(; UZ QHmUUw WH [ W aHL70zHaa Uxaz -zH p1
W a H3Ha HmQmmrCrCm W W W W W\ H H ? m Q � a HHWr� WUH WmmUW O
O O H H 0 a Q W H
m q U zm W � OHHFt $ SZZWQH p H � HmHHazzUUO W rCCU HzE UUZW OmZ0z01
,>q z U x ? �4 U w QQZQQZZ aH W wQ a' zHHHHwH UmS Q �J wUDW WKC ax >1 WHHH 4
m W r� OW < UU W W W HHHHHZQW- wza �C W WxHazM W OOy+ a1W OwaHH I xaa � Wm
aH U hxa � z zz0000GLW C4 p4p4P OOaaaammmmmmmmHHHHH ,
�C z
H H
N x
H\ U
P4 C)
H x zx
FG o W Rl
Cn Ln
H
x
C,J H 0"'0wrNOwmCOLnH0 IDLnNmn Pmm 410mrHH0a) rH vO 'q+ LnOCOOm woo OLnOmmm
H O Ln Ln 0l M H H r lO M W U) O M ID M m lD U) M 0I CO LO M W M O m V+ 0) N U) d' O r Ln M r O O O d' O O 10 01
x0 O OMLn M CO r-i V' D1 M t- O r 100)rh 0 l0 l0 r-i w lD d, ' �o Or W NCOM ri \D Ln 001D NM O O 00 CO O T NM
A; Ln 010H tD w0 c, tO r-i cr Ln H rmO N U) Ln O r-i Ln ID Ln O r-i d� NNMr �-I Ln r CO NOOCO M Ln ID
� Pa NNc}+ NOH Ht0r N NN ri ri H d+ MLn r-i 0 Nrim N HMO lD 11r d'
W O 11;CN NLnr U) H N Nr LOH r H H
N H N H ry
H
ar
Oo
U>
G,RS W
00 H
-;1, 4 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N (14 N N N N N
>, Ln Q HHHHHHHHHHHH r-i H r-i ri HHH riHHr-i ri H HH H H ri H H H H H H H H ri H H H r-1 HHHH
H C7 � m rn m m m rn m m rn rn m m m r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r
U u H r-i H H ri H H H H rH r- Hri NNNNNN N N N N N N N N N N N N N N N N N N N N N N N N N N NN
x N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
u
r-i r-I H H ri H r-f r-A HHHHHH H r-i r-i HHHH H H H H H H r-i H H H H H H H H H H H H H H H H H HH
L7
z
H k H N M It U) W r OD aI O r A N M 'C Ln W r O M O H N M Vl Ln w r 00 O) O H N M d' Ln l0 r 00 01 O H N M �p Ln o r
H Y MMMMMMMMMd d V 14, t mo11 did'a' NLnLnLnU) LnLnLnU) U) �D1 t-ol,o D ,0wwkoLOrrrrrrrr
Cn U MMMMMMMMMMM r+) MMMM (+) MMMMM (Y)M M M M M M M M M M MM r`')M M r`')M M M M M M MM
H W WW lD W WW WW lO W W 0 0 W W W W LD W W W W 1010 W W LD W lfl lD W W0 .o W WW 10 W 1D lD l0 lD lD lD lO ID
a x v d � � �rwwa dlIT 'll era wcIr 10 w4 11 41 �r ;jl v �rw �r �rd Ord d d c�r�rd �rer �rd � �r
U riHH iHHHHHHHri ri riHHHHHHHHr HHHHHHHri riHHriHH iriHHriH riHHH
�a
N H
0
m
rl O
xU
x u>i FC a x H W W PC
XM Q Pa H C7 Z H a W H U04
U H O z H H U �, Cn Cn�D z x
N o U CO P, H F+ O Z W m U O W
~ N W zP; W aH W rnu >i Ou a W H U H
U\ H Ha cnpQ UUcoZtx HZ 9 inPx W a
ri S >i H H Z w H LW PC H H H CO W W H Q fl,U) 0 < U
9 x Z u U Z Z H z
\ a 1 xW X U !� > zWUz W W HH zW0 HH
H Q axHx Uv w '23 P; wHZ PS >� z0 CnQ H U x ,� ZGT,H
o H auH En x co ZaHWQP >�w w x w uawu\ocnw
wwQH H000xZ H � Wcn 04 a �� xzrx wx
90zmxx>, �C �wUC4 zWauHH � cnW W Wz�O OZWHW>AUH
Pa CO p-- R { H W P; HHH HCnH >i O $ � �i >> 4'�. H HO HO xHH\
w O a W W0Q4 PC/kf>,a W�Z a 090 :0: W W zZ H OHU HxwUH > W
fxvlrGHwHP+U > 0Pp W p Q p 4 Q HHHCn\ W HHa0 W ZC7HHQ Up; p
H w WHpaH fx W z W HCnQU W ZH0HW4 H - `�NC7 as U U ,Z� QHzKCwHx\W O
P, PCrCx0WWHZ < W44 P4uZ0 PCLl C WHza >A >+ OcnH PGf� HzP� xx> Lnrx
W 0 HO WUU �Ca4U W G, P wuuaHOP: P;0\U1U W ��CC x W P4 W 0
E O O HU W Wtn N x WCnHH0Z W W � W W HH\QPaDaD �' rGUcnC70Ct) Hma �
Cn Qq U cnaoaaqq W W HLha W H fx12 xwrgf< W zzzz0>, aHH Ln UGHW UHtnHWHQ w
> 2 U P,OZ4OZZZD: g W are WQ4W WOz01Pal t4aN H04Z H Uxtk ✓ axz04 W W H �l
a � > �D>> 3333X >>AZ9HC � PC <K4< MMMMMMM UUUUUQQAQwwwww1[1 c1
z
H H
U M x
Z ri U
KC o W
Z N x
H\ u
G, o
ri � xi
zn\ z z
< O W WPC
W w
H
x
U1 H 61NOMUthHO r W rnr HLn 061000000HNal� NUtONM � NON Olfl ul00610MOO W OO
H lON Odl r N d' O N McrH M N Od' W 0000H0 r NMMO rHO W 0000ID W�,D N M O W0WO O
W W
x0 0 Or 0' 10 00' r 00,(Y) M, M (N' 4 H N H M M LI) H O Ln Ln W W to <t10 OLn 0, 0 W,H WNrd+ HW 01 0,M Ln NOO
KC 1Dd1 O m M �D m N l0 w M r N �D m d1 m M M ru1O O Mw t HOr M MO7 "I' r 0 k'o O co N d1 r N H M m ON
a Hr li r Hd' M W MO HNd' HHHm H lD NNHH NN V' �t1 m01 MHM ct u)H
Cn O r O 01 N H W N H M N H d' Ln N N
N H M H
OO ~
U 5
w ca w
O0 H
di 4 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
>1 Ln Q H H H H H H H H H r-i H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
U U N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
x N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
U H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
C7
z
H #$ co 01 OHNM [N Ln wr- W 010HNrn TLn Io r 0 0) 0 H (N m V1 u) w r,op m O H N m d' Ln w r 0001 O H N Md'
H .4 r- t- W W W W W W W W W W mm01 01 01 01 01 01 0\ 0) 0000000000 H H H H H H H H H H N N N N N
W U m m m M m M m m m M M m (`')M m (`') M M M M m m V1 3, d1 4, 't V1 d1 d1 a1 V' 'd1 :a, V1 q, ;1, 1, [t d1[H .4, fT cr [�
H W ID W to l0 to W ID to W to to to to W W 1O W to to lO W to to lO w w to to lO W W lD lD W to W W W to lD W Wl0 lD l0 to �O
U H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
�a
?d H
0
N
O
x U
FC z0 U w a fxt7 H 0 Z O H
,54m O W HE Pa O 1 UD; 0 W W Z 2I-I W Q U
N o �D p H a a O W Z H x U U H H H z >H W H z U
Z a H w a O a w w U H U H H
'0N 9 r:10z Z P' PQ H H04PP1 p z U z
U� � � l w H U Z a U Z Z O H 0 Z H U H H H U Z w H
0
adz oo H z a x HUP;1'7dw a z H z 0 0
H a H H o W Q H w W a H U x U H O CA a Q W Q w v W W H 0 U
4 p H N UrQ O H > 0 H0 FD Ls u 0 PC 40 a 0tH
H ZPwUoxH W H W 'Hcr) 04 $ H W C)a HZ 121 aZHwrxx 1 Q$ 0ZU C# '
O PZ WUww W C$ r� HW H H OW 4HW> aoa
0 QJ W W
WOU
wOW HNwwOC7 ZHW m IgP4, H W El HZrx Op W (JHL1J HH
H w y #t o H H g Z x H h p H � EI H H Z Q H O Q O x W W O z W H z > < <
P+ H H u QZOwH\QwZxwH00 H r.>; x0WMUUU j:4 H wFP, HxUZ
9 W OzHz w0 oU4aCx rvH 04 Hxaa�H SPS apa aH HU U' "3: - u :R: w
aa' HO W > wH PxU U H W oa < q�W W w W W z H a w w
FCG WH Mfl' H W W
H :D W aQH W w 0 a PO 44 0H X21 >I Q as w H O �fq H H w a w H x z w a a: H- H
z W UW H W Z4 Wa W wa �Y a0 a W<—awHL7 W HwwaO W VUf� P xP�P� t1 HH
W to a Z WZwQ W R 0 ?+ a Q 7> rLwU a W14 HH >1H4w Q H � H JOZ W HUp U U U
H oo O H WHz a � ax �caxfl O0Mr, WwwxHU V Hzwa HQ 124 w0 ,5Ha0. HHpx H04 1H UU
U) W 4 a o O Z Z r h W w w Q Z w w w z H x O a a w W h 0 0 U x O E H a 3
a � > H H H 7ha Z X X X X 000000aaa �p Cl� 0L En W W W W WwHHH
z
H H
U m
Z H N x U
Z
H U
w O
H x x
0 m oa
H
x
C,7 � OwL11 riONwNOJ Il1N000NHw061 d' Lb dINOOOLn00HOOl � Nd�w Nd+ 00cN00L� CO MaI
H OMHHLn61L( OMw61wOO1� HOOk W N , c c 0 , OONOMd'61NHd' NOHInOONwLntn
xL7 O alM w Ln Ln M w N ww O Ln �H w M L� O N HH Ln h O O O O Ln O H LI1 Ln w Ln'
nO O H DD O H o)N O W Ln w 61
FI', HM 61M NmNd+ MNNMw NOD Ln OM4MM V+ r MO OI W H N oD H M h N N N Ln da Ln M Ln w Ln NM
a'LL H H0) H H NHNMN NhM 61 M Nri r-IM H w N H M Mcr N Ln
Qa O H d' N m H M r.
N N H H H
a [� o0
00
v �
00 H
d' KC N N N N N N N M M M rq M (q M M M M M M m M M M M M M M M M M M M M M M M M M M M M M M m m M M
Ln Q HHHHHH ri H H H H H H H H H H ri ri H H H H H H H H H H H r-I H H H H H H H H H H ri H H H H
H a \\\\\\\\\\\\\\\\\\-1\\-1 11\\\\\\\\\\\\\-1\1-11\\\11 11\\
H U C^ h Ch r- r- r r N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
U U N N N(N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
x NNNNNNNHHHr-IH riHHHHHHHHriHHHHHHHri riH riH Hri Hr-iH HriH ri H ri riH
U ri H H H H H H1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
C7
z
H i Ln w r- x 61 O e-I NM d+ Lnw h 00610 H N Md+ to w [-m 0) O H N M V+to w r�w m O H N M d+ Ln w L-w 01 OH
H x N N N N N M M M M M (n M M M M da d• d+ mod' c4d4d 14 d4 M M M U)Ln Ln M M N Ln w w w w w w w w w w N L,
U) U rN tdW 31 V al ;Jl W Va d' Wdl cr d' 11 d' cr d'It d' d, d•d' di dw lw v d' It I'll d' d+da d' mod'
H W w w w w w w w w w w w w w w w w w w w w w w w w w w WD w WD w w w w w w w w w w w w w w w w
a x 11 q4 114+ did Ord w 11d 11 11d �4d+ d+ d d 'I' �11 1,r IZV IZVa Wr t1:rd+ d W ,
U Hri HHHH ri HHHr ri H H H H H H ri H Hi H H H H H H H H H H H H r-I H H H 1-1 H H H H H H H HH
,4 H
O U
4-)BN
r1 O
1-4 xU
H Ua H W04H r u Cl) H a � yO
Uri 00 > w O U) H U W D D 0Q10HU
a) 0 rj) wU a a yH0 U z U Cl) a a >4 UW
,(iN 24 z wUw a rxw wH HU) W O HH wQ:
U\ aZZH rn u] zzu� co r U W W a > z a V) UztxUr.4O
d Q: Hrz+ w w w zcnx H UQ; O z0WHU) D
H p U) z a O W U H co HZ Z W H co W H Qa Q: a
\ i � � a < ZHH H W g 0cnH0 HU) Q: U 0 HQ1 H
H �' Uv co W F > • 0 OOLLJwzU
O Uww z 0 Z 4 U C4 1140 z Z ( WHz H
zx nrxa sew wonaww UDOOH H OD WU Pz H
WHO W 1 4+U0 0 J 5
:404 ^ W ZWM9S+ �H 9ax4w w w H MHzWMHCUJMUU < MHUH OWaUWHU)w
HE-H W W Up r W D4 HH >4 W 0. W a ✓ W ^s Hp HaH ZHHW M4 a O rJ40U
wW wox �CQWBE4< � HHHwxza w\aUxwx � ww�CH wwQcnz x
�Cw> > WCQ; Q, z Q zHU) mHHmcnHawo� r� WaWrxxi'-4W ,Hw > HWMOZmfa
H Ha W W QZ WHQQHOOFCC W\Dx H \aQ QOHDS W DW\ GLH P4100 H
04 < M ] HF-iZa D WQ UUH Y1H W Q 3 ay 5 H (Yp W W O V)aU ZP, H Q U) z\
w x �a ocn gwo UQ, Cl IxzH HMwz w H U �w woh� a�aa� ao �
H O UWNNQ w H -1- wH� xwHZ a Ox0 � H Wx M0 Q; H\> 0U - awcnw
w U 00HHa0a a wwHa UzHHHU >+ UOUQ U)xu w qaxOWWz wzz
� U zoQ: QSa wxw > wooz4 Oaw ZOxPODWH �Wrxxzcn az0OZHHHxr� xz
co W < HxHHO UCgUq zzl��CFCOOtxDFC W HHFCOa1r.CHaO W d+ W HOZZzz W OH
arH-I r~ C7 r'� 1s '3 "S3 3CrSQ FC FC �CFCm W m m M W UUUUUQQ W r1 GaC*+G+ C7C)L7 i xx .`L"HHHHrJh ] �
9 z
H H
Uyt; M �4
H\ U
(y O
U)\
a. O a1 W
H
x
zJ E om omoM r- Ll O ID O oowr- LD OIO [rOO w 0 0 0 m 0 L MO) O NMOMN N MN 00)00 mom
H O h o t` oNH N O m O o o rr h No m woo lo N o r- m N ,' r H HO(nLn vo 0 N 0 m o O W WN
WW . . . . . . . . . . . . . . . . . . . .
x0 O 0)W 0H 000 r-I O Ln L1?MmH r- IO � Hr Co Ln lD M�D N Nm N Ln M 0 H tl z CO Ln M1 d'O co L110 Ln cr lO
a110ONMLn tf' M61 r-I M d' d' Ln C) co m M�rHM [r H m M lO d' W�D 00N NLn rim m NH lO m In m co cr
a' 04 ri NCO t� � �' MlON M MM ri LnH mM cOH o '4' H to d'lON dl M r`, lO � W 061
PO N M N to W H H H H Ln m Itl H N
H H
0 o r
U �
I
w rx w
O o E
MMMMMMMMMMM rn m (+) MMMMM(`')M M M M M M M M M M M M M M M M M M M M M (Y) M M MM ff)
Ln H H H ri H H H H H H H H H H H r-4 r-4 H H H H H H H HH H H H H H ri H H H ri ri H H H r-I H HHH Hr-4
HCJ Y NNNN N N N N NN N N N N (N N N N N N N N N N NN N N N N N N N N N N N m O)0101010) 010) mm
U U O o 0 0 0 0 o 0 0 0 0 0 0 0 o o o 0 0 o 0 0 0 0 0 o 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
x HHri ri ri ri riHHHHHHriHHHr-1H riHHHHHHHHHri ri ri r-IH riHHHHHHrIHHri r-I ri
U 00000000000000000000000000000000oo0o000000o0000
C7
z
H �$ Nm mID r`- mm 0 H N m mWhNmOHNM d'' Ln W r, m m O H N M V'to W r- m m O H NMd' m lO r- m
H x rrrtl- rl-t- rmW W W m w w x m m m m m m m m m m m 0 0 Q 0 0 0 0 0 0 0 H H H H H H H H14
W U d° d° C d44111 ; d' Cr 11 <I^ [r '�r Cr cr Ir �t IZM11 4 W q, jr -t4+ m m m m m m m Ln m m m m 111 m m m m mm
H W lD lO l0 lD�O\o l0 \D lfl lfl tD tO lD tD to lO lfl tD 1D 1O �O�o l0�0 1O �D iD lO to lD 1D 1D lD to to lO lfl W l0 l0�D lD 1D 10 r0 lD
a x IfI�r 'rdcdTd+ 'Ir11, t awwadIzv �rItI d+ 1r d1 ercderaOrdddd �rwa � �r �r �raad
U HHHHHH ri H H H H H ri H H H H H H H H H H H H H H H H H H H H H H HH H H H H H H H H ri 1
�a
Sa H
0
E
N
.r-f O
x
x M H w Z >4
N 04 X 6 PS E a W H
H
Uri w O x u u E E 00
NO W f4 C14
H H w z W W u uco cn
U\ E E mU EZ I E aU 0 H W�W Z Z W 4U W
�$ '/-' H H f�' 0.i �i W
[r x Z W H Z Pa Z Pa E W ":) O H H
H W aH W M 0 ?AWH W W Pa HH WE 3 txE
\ aC £ Wz0 u a a 0 W ut z z
H H004 >-4 CO a0W w �sW z x < Qrx >-+ u OH uWE �D
O W ZH a' W xUW Q HW E I W W W W W Hw HZP+ Orx W
z Hp "3H U WAG h W� U WZ Zw �GU W zC7L7HO H aH �CUOz
W D+ CY xE ZH E Zz ZZ W H W za H O �OrW W a 4
Ha W W WHQ W "S «�. R; H O.� Ha hW H 'J H ,�, HU di a'� f:4 XU UX W-i W$ D U � 3
50 > � aarx aw aaxzWwz sQ �ax 'zzo � EWWw zoorcww t4
wuPxz uHOE �c E warn 0z �Gw wuWUz '> a(7HaHP Ez Qz Ern
E 04 En HPI z Hwh w wwz H aWQZH w N
WWW W 'a EO FCU �' UPazE\aft: WDx0\EZ -�40CQmH OP' w' 4 P; O � xH
W tx W H p q �W WU W W W\ H \W WE H Hrqj) � \ W Er� UP4 I Ua
aH >0 x HOOU i33 W1'14P H0H9 W Hxa �4y H �w�� � 2mfzl N�Z�Ca7 �Hx� HwRCOwZ�
u x x x X oZZZ000404 u�iWcQOnrEncnrEi MHPE�-+ � 33�3 �ONUUU � � alawi �
� z
H H
U M �'
H U
zN x
H\ U
w O
H x x
< 0 p
H
x
ZJ H H lDd N O O rh h 00 m M m O m w w d, N d N 0 0 m N V N OHm O [-N H M d+ O O w O M O L- O O O
H NOOMWOO NNOOWE, HIg4r- OMHWMOO 0w �Dmmommomr- l4moo0wor-o O) OMO
W W . . . . . . . . . . . . . . .
x0 0 Hd eM V cr O Hd+ CO O O O L- [- It W U) H ID r-I NM 00d' M M M O N M O h L-W� N M O N O L, M M O L- W
A,' � OJ OC� NOJOMd' �MNNNM�U)<t'H aIM�O MNMONlO U)H hLIl l0 � l0NNOlMOO � � 6l cr hl0
a' Pa d+ lOd" d' lO m w c}i L, di lO N M OI In U) H H\D M co lo C) HN ID H a) c- H OlH HNHHMN ID HOM
(Q O L al N l0 lD H L!) H
N U)M H d+ tn r
ar N 0
00
u >
O 0 H
4' (S, MMMMMrn mm (Y)M MMMMmrf) ry) MMMMMMMM (+')M M M M M M M M MM fM M M M M M (+) M M MM
>+ Lo Q H H HH H H H H H H H H ri H H H H H H H H H H r-I H H ri HHHHH 1-4 HH1-1 HHHHHHHHHH
HC7 x rnrnrnmmrnrnmmmrnma) M M0) mrnrnmmrnrnrn CF) rnmrnrnrnrnrnmmmrnmrnmrnmrnrnrnrn
U U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
x HHHHriHHHHHriHHHHHHriHHHHHHHHHHriHHHHHHHHHriHHHHHHHH
U 00000000000000000000000000000000000000000000000
U
H �$ m0HNm m k.O L- Om0HNM d+ m w hmm 0HNM dt m lO L- w m O H N M-t m lO L-m m O H N M �pm
H HNNNNNNNNN N M M M M M M M M M M -W d 'll 'll NV 11IZI, 14, Q Um U)U U)U U U U U U OID�D 0l0 0
m U Lf U)U U U U Ul n U U U U U Ln lt) n l(1 U U U U) L n U U) U U U) U U)U)U n U U U)U U U U n n U U) N U U)
H W 1010�D �O l0 t0 10 10 10 10 �D �D l0 l0 10 10 10 10 10 10 10 10 �D 10101D 10 10 10 10 10 10�D 10 10 10 10 1p 10 10 10 10 10 10 10�O 10
a x 11 a, ", ;I, v 't 'll 1*1 IV IT d 141 1*1 44 d� 11 r 11 41 It 4 aT c<r a a v a er 44 14 IZr�i ;1141 ji ji
U riHHHHri H HH H H H H H H H H H r-I H H H H H H H H H H H H ri H H H H H H H H H H H H H H ri
>,a
,ti H
O u
w
N
ri O
xu
a H W W u x xzw m Ofz, m HNC O m H
,XM H 3 04 U X H o m UHF O W U 1 4 X H x H
U H m p Q W a > U p p 0 u H P4 3 0 > H q Z
No W W HuaUH rx w zau rcU LAW x 9 zFC �n
a H xz z W W W Um X40 u 0 0 zP; Hz zma W cx Haz
UCH ri) 0 H ouuuHx � >.qH0 ON HHmH �") OH [H��u [���+Q w 1z1 0H z
H P$ cxm z Hmm 0UH H 3 � " W P$ G. a mm p) Z Z W WHx UP 0
\ W W qH H Lti W zz m NmwUHOH mW M UtnZZH [x 4 u
H 0z Q a coW L8 HH '�-+j,� � p,' WUO W UHU a (y' H HyH0 1 ".ZHHaO Wu
O FGF4 � HmL7H q wz14� WC7zmmzCs WH W ufxgu >4w3g:x mzHx a
Zf9 mm HzzfxC7 aE 04HO WPHHNHOG.� JCO • H L2S�aN3 HU W� H r.G
FC W �4 W 0PxH W z Hzr� z WI] r-G w' ##aU0 W HMz 0414 Wxz�ryi WHH (y � xa3 u
m >z W x m0fxfxH • p W �R Ga3Gau1 Pa QOZ x HCOF�a,UaH W (x11
m w H 44 ca waWF--4UCa Hww WzHawwz 040 0coC)OH < Uwr�ww w
OPao < 4wr� MPOz Pamz7Ptw� rxHoWH� ocxroa0U0 uHHFG1. a000uoNH
H P- [11\ ua W zOHyHPSH W ,DD D4 W aHr Hmo \x Q a HH4 UzUmm
x ua zOFCO � a W P; HmHa1U\P+xH W zaHP; azz 1 PSHamOHOOHHHH �C r., rGU
w 0. uoaHL704uHA H 0.S wzaUWnW � rC9C H 0 WP4 Q124Mmmmala4P4(xxxxxxawwW
N O o XHWz � 1HN000aHWwm0xWz u� agmmwawz owwwwwwwwwxx
m q U HHrxrj) F- 4 wuuu W mxa MMHW W z 0 HzzaG4 O 043 Zfagq HHH
> z U m04 z W HHU W �H aXQC4 C Co xz0 R;�G-+:Ix xx fs mgzNCI z 3PC04cxH
arH `J UUUUUUUUU QQ (fHW0C�7 QT HC TO OTHHHhhh O7 oa XZZzZZ
� z
H H
U M �4
H U
z N x
H\ u
Cp O
H
m\ z z
FCC 0 P� to
cn O
H H
x
C7 H w H Ln N O O M Ln N r Ln m m O M O 1100 m m V' N Ln W 0 N 0 0 NrH w
H O 'll Hr 00 W ID w O O O 0I OH O O r O w r ID N H 01 M m 1N O Ln O N H
W W
x0 O Ln O Q1 M O O 00 N H lO CO r M O to O w N O M O Md NNa OIW N d' Ol d' CO
a' rMLD N Ln Ln L9 N M N Dl 61 M H m M c)+ w Co kD m r Ln Ln H N Ln LD H w H dt
Hpa HHOHHHNM N d' H a) J, to co d'01 M Ci' 0 r W DI ID OD M '41
pq0 H H Dl H M HLnhhMI. H N
N H M M
O
co
Oo
N
00 H
d+ di M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M
>+ L[1
H C7 �' m m m m rn rn m m m m m m m o1 m m rn rn rn m m rn m m m rn rn rn rn rn m rn
U U 00000000000000000000000000000000
x H H H H H H H H a a H H H H H H a H H a H H H a a H H H H H H H
U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
U
z
H *k lDrmD\ OHNMdi Ln ID rCOmOHN M Ln lOr
H x �D �DiDiDrrrrrrrrrro� mmmmmcocomo�mrnrnmrnrnmm
cn U Ln Ln in ui)n in Ln u) Ln Ln Ln Ln Ln )n Ln Ln Ln Ln Ln Ln Ln in Ln Ln Ln Ln � in Ln Ln Ln�
H W lD lD lD to lfl� LD lD lD lD l0 lD l0�to tD lD �lD lD to lD lD iD �D lD�D lD lD lD\D lD
a x a' atd+ a' 'W 'W Iry IV '41 'W r W �r �rd era ward �r �r �rd a v
U H H H H H H H H H a H H H H H H H H H H H H H H H a H H H H H H
�a
S-I H
O v
U2
� o
xU
a, z H H r.G ftG a
UH O Cl) H CO Cl) �y-4 0 0 W
N o U H Cl) H p; co a w CA P+z
W U H P4 W W U H
U\ W H z U H ",> Uzi as �2; � Uzi cna
d� z W H '� pa HzH O� z !.. ZH O
H H co Gi En H W Cn H H H z
\ 3 0 0 w O K� cn
H U
x :4 rx > lm8 z W x Uwv
o zca coH a W W p ZH HVl W W zHZ H
Hz W X H W HH�7 z WUC7z\HC7L7Hr� H
H oz 00 W in FCHZU HHzzHy zz H >
p >+ aaH 0M U\H HFCHz XUHF-IK � H ud�H
as 3 NH W Ha3UmU3HU W HH W W(1, 0 W C7H
W W 21 a C41)) w Zi H W zwa�cx aU > > XWRP4>
H (aa mwz(aHHW zH a0. wHowHCh X % WWOW r4rC
xwa owcnHOQPx �a �wa wH0pwatatUl< Hzrx
Co H H H(a H c� w H O H 7 `4 0 0 4 U W C7
H O O U H n :3H z41L +tY1W <z u NNW Q
(n q U HxU) aW WO FC > OHU�Ci 40004Hoc1] (a W HH �' C7a0
to W r� 44 %y y O 0 0 W h0 � HpPaH `� x� HH0HHHHHOCng u
ar-i > Oaaaaaaf) pC4Mcncncncncnul > > D333S33t 3: X
FC4 z
H H
UM x
H v
Z ° x
H\ U
F.4 O
H � x
c\
E�+ H
x
H � H
x0 0 CID
H
p� O N
N 0
O
a r` N
0 C) N
Cx4 P' W
00 H
v
b+ Ln A
H � x
U u
W
x
v
N
z
E, x o
co U O
H W
a x
v
�a A
HH W
0u H
.0 z
.H O a
xv a
x rn ta
U o P:
,o N 0
U U
�N W
� a
H
O
w P:
h O
co w a
aH H
0
H [—'
U (vl
H H
Zi N 0
H\ 04
r14 w
a Q
CO�
U H
r,G o Pry
H C7
C7 a
Fq 134
w4
u
DO
ar
00
U>
r-4 a'
000
w I.-J,
>4 0 LI)
E,�q q
Ln m Ln m m 6100000 N o m � N N Ln m w m w ID m m o m w m w m r-, w o o o lD
w I.-J,o oo (N N o w -;I, o o r, w N (Y) H m rl m w m N (Y) 0 m o H o m m m m m o o 0 H z
N,o' (y),r-q, Ln, ry), M, M, o'o* (y), o*Ln, r-* r,lD' N, Ln* Lt)* r-, N, Ljr)* rn, M' o, oo* cq, o' r-,c*0*o*o,o' m, o�
}4 W m i rn cN i, (N rn m cN Lr) Ln m cq ff)rn r- N r- (y) Ln r- Lr) m aD M11' m r, co I-o N (n(Y) c o N .4,
0 [0 o r- 11 a) N Ln j, m L- oo m Ln qN -t, ;I, ao r-i Ln zv oo -j+ c r- w i r- It m r, m I-f o o H -t
4J P�
ul 'D 1� N 16mH NOlO LnN N C� Ln o�Lrl O Ln c� "D
Ili Lt) H I'D NO r-4 r-i o w N H li r- H N r-I c- (Y) pq 00
U) H H H H H r- (N r-i
N
U
z
0 �H
F-D H En
Cl 0 p w 0 04
Iq P� u x 90 14
W P4 �:) 04 44 u
I- oc) Z p; 0 W z E-I H 0
U) cuo Papa z H z I
z u :v :4 0 F-I P H CO V4 W W w CO
W (N p >04 z > 0 x CO E-1
2: z � � � UUO OWRWIWP4 P WZOOZ XW U
04 0 Z 0 0 -�:D 0 1 u Q w H w C)
0 H W m z 0 r) ly I r�4 U u E-0 F4 t
p 0 P� 4 p z p 0 p 4 g 9 H pq p p Ca 00
N I W Z H 04 0 w w� Q :4 w a 4 W w u u W �H 04 P4
W > CO z 0 4 w P� P4 04 >4 yH Q .' �D Q W�H P4
E w p 0 1 P: mxpww4pp W� 1-.'4 FC4 (A rl H
Z I Q r4 F-q > 0 > U U 04 a4 W P 1:4 H p z z u Q H
OI H >W 0 Pq r4 H X:5: > U Haa W m w� 0 w r-4 w H 44
H i ,H Z Q a M W4 P: :. RZZOHOtD� W;4W W I
H P H H '3: W Up EH (�4 H F-I 04 F1 P r.� r4 N 0 0 E.4 V) u w z
H (24 W P �H M P r14 W 9 1-1 4 r-4 P�D �:)0 �D �:) W r) u�� �4 M w
H H r4 I H H F-I Q,•'4 < ca 0 CY W CY 1:4 9 � q p H PQ R I
•• 0; W W g04 W HQ W E�P W H P: P4 W X 0 0 14 D; <H o4 I
UM (4 u 1 W El a w w p H H p W W W p P+ �) )WWPOUXP ,D W X P4 E4 I
H g to 1 Z X F4 4 CO M P P4 9 r14 � P404 � Ck4 44 P4 04 PS F �: r�4 0 CY CY P �� Z rX4 U) fj;z Ca�-, w �q
O U W r4 0 Q p 4 H r., 0 C:) H H 0 1
U W W CL4 U4 <. �X4 W P CO la4 0 ZH 9 CWQ PWy Lpl) �Hq IHI §WM WU HZ NH"W OU ZH HZ r�-14 4< W z
w
M H It N m m o H m (n l D N H m r- o o H r, m H N (n -1' m m H N I-i o m c m "t kD r-
U
0
go w w 1 H N N N N NN N N m m d, dv 'v 16101 w w lo 1D tl- r- w w m w w w E CQ pq
CO W
H C7
x �
c7 a
Ha
w�
x
w
� a
H
(Yj O
N
,a r
00
U �
W(!Za
000
l -,p
H �7F-1
HLJC')
U
kD
H H
w
c .
0 W
S4 W er r
O UZ d 4 11
4 a
Ul a N N Nt
r (11 M M
N
U
N
U
I
i
i
H
I
X N I
W M I O
H •• I U
C11 q4 U
UM a w � U
[y O a
U
,< o W I O
CITY COUNCIL LETTER
Meeting of January 14, 2013
AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
Hearings Fire MANAGER
NO: APPROVAL
ITEM: Adopt Resolution For BY: Gary Gorman BY: ,
Abatement
DATE: January 7, 2013 DATE:
NO: 13-04
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested regarding properties at
2013-04— 1036 Gould Avenue
for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution Number 2013-04 there being ample copies available to the
public.
RECOMMENDED MOTION: Move to adopt Resolution Numbers 2013-04 being
resolutions of the City Council of the City of Columbia Heights declaring the
properties listed a nuisance and approving the abatement of violations from the
properties pursuant to City Code section 8.206.
COUNCIL ACTION:
85
RESOLUTION 2013-04
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8,Article II,of City Code,of
the property owned by Diane P. Egli (Hereinafter "Owner of Record").
Whereas,the owner of record is the legal owner of the real property located at 1036 Gould Avenue
N.E. Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via regular mail to the owner of record on January 8, 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 November 21,2012 the Fire Department received information from Anoka County
Social Services that the property was uninhabitable.
2. That on December 13,2012 the Fire Department received an administrative search warrant.
Contact was made with Anoka County Social Services and the owner,Diane P.Egli to notify
them that the property was deemed uninhabitable and the owner/occupant could no longer
stay in the property due to living conditions. Anoka County tried on several occasions to
place Diane in a different location. Diane refused to cooperate. FD advised Diane that we
would be removing her from the property on 1/7/13 and that it was in her best interest to
work with the County on placement.
3. That on January 7, 2013 the Fire Department arrived at property with Building Official,
Police,Social services,and Allina.Diane was transported to Fairview/Riverside for a mental
health evaluation.The Building Official posted the property uninhabitable.Diane will not be
able to return home without the property being completed cleaned and the Building Official's
approval. Diane stated she was having power and gas shut off to the house.The City had the
water shut off and hired a contractor to winterize the property.
4. That on January 8,2013 the Fire Department sent statement of cause to the registered owner
of the property at the address listed in the Anoka County Property Records database.
5. That based upon said records of the Fire Department,the following conditions and violations
of City Codes(s)were found to exist and have been abated,to wit:
A. Approve the immediate abatement of the hazardous situation located at 1036 Gould
Avenue N.E.
6. That all parties,including the owner of record and any occupants or tenants,have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
86
1. That the property located at 1036 Gould Avenue N.E.is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record,occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 1036 Gould Avenue N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2013
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt
City Clerk
87
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meetin of: January 14,2013
AGENDA SECTION:Public Hearing ORIGINATING DEPT.: CITY MANAGER
NO: Community Development APPR V
ITEM: Adopt Resolution 2013-03 BY: Sheila Cartney BY: 1
DATE: January 3,2013
BACKGROUND:
At this time,the applicant is requesting a variance to parking requirements in association with locating a daycare center at 4347
Central Avenue NE. The variance request is as follows: 1)a variance to allow four(4)less parking stalls than the minimum
requirement per Code Section 9.106(L)(10).The applicant is also requesting approval of shared parking with the property to
the south per Code Section 9.106(L)(9).
The applicant wishes to locate her business in the former,4nderson's Heating andAC building located at 4347 Central Avenue.
Currently, there is no striped parking on the premises. Because the change of use requires more parking than the type of
business previously at that location, the new business would have to comply with all the minimum requirements of the City
Code pertaining to off-street parking.
The preexisting placement of the building on the undersized parcel demonstrates an undue hardship on the property,justifying
the parking setback and drive aisle width variances that were previously granted in July 2012. The need for the 4-stall parking
variance is strictly a function of the type of business that wishes to locate on the premises. The previous use of the building as
an office/retail facility only needed to supply 1 parking stall for each 300 square feet of office/retail area. Given the dimensions
of the building,the previous use would have needed 9 parking stalls. The accompanying site plan indicates that 9 parking stalls
could be placed on the parcel with the parking and drive aisle width variances.
The applicant plans to bus students to and from the daycare lessening the need for parking and she has permission from the
adjacent property owner(Sarah's Tobacco)for shared parking up to six stalls.
RECOMMENDATION:
The Planning and Zoning Commission held a Public Hearing for the request on January 2,2013. The Planning Commission
recommended approval of the proposed variance with a 4-0 vote.
RECOMMENDED MOTION:
MOTION: Move to waive the reading of Resolution 2013-03,there being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2013-03, approving the variance to allow four (4) less parking stalls than the
minimum requirement for the building located at 4347 Central Avenue NE,subject to the conditions outlined in Resolution No.
2013-03.
MOTION: Move to approve shared parking with the adjacent property to the south(4329 Central).
Attachments:Resolution 2013-03;P+Z Memo;Location Map; 4pplication materials
COUNCIL ACTION:
88
RESOLUTION NO.2013-03
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR SAYNAB YUSUF
WHEREAS, a proposal (Case # 2013-0101) has been submitted by Saynab Yusuf to the City
Council requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 4347 Central Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A variance to allow four(4)less
parking stalls than the minimum requirement per Code Section 9.106 (L)(10).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on January 2, 2013;
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.
89
Resolution No. 2012-084 Page 2
FURTHER,BE IT RESOLVED,that the City Council approves shared parking with the adjacent
parcel to the south at 4329 Central Avenue and that the attached plans,maps,and other information
shall become part of this variance and approval; and in granting this variance the city and the
applicant agree that this variance shall become null and void if the project has not been completed
within one (1) calendar year after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. All application materials, maps, drawings, and descriptive information submitted with the
application shall become part of the permit.
2. A contract for the shared parking shall be approved by the City Attorney and filed with the
Anoka County Recorder's Office within 60 days after approval of the shared parking use.
3. At least 75 square feet of outside play area shall be provided for each child under care.
4. Short-term parking of vehicles engaged in loading and unloading of children shall be
provided as close as practical to the principal entrance.
Passed this 14'h day of January, 2013
Offered by: Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt
City Clerk/Council Secretary
90
CITY OF COLUMBIA HEIGHTS PLANNING REPORT,
CASE NUMBER: 2013-0101
DATE: January 2, 2013
TO: Columbia Heights Planning Commission
APPLICANT: Saynab Yusuf
LOCATION: 4347 Central Avenue NE
REQUEST: Parking Variance
PREPARED BY: Sheila Cartney, Assistant Community Development Dir.
INTRODUCTION
At this time, the applicant is requesting a variance to the parking requirement in
association with operating a daycare business located at 4347 Central Avenue NE. The
variance requests is as follows:
1. A variance to minimum parking spaces required per Code Section 9.106 (L)(10).
They have nine parking stalls onsite and 13 are required.
The applicant wishes to locate her business in the former Anderson's Heating and AC
building located at 4347 Central Avenue. Currently, there is no striped parking on the
premises. Because the change of use requires more parking than the type of business
previously at that location, the new business would have to comply with all the minimum
requirements of the City Code pertaining to off-street parking. In July 2012 a variance to
the drive aisle width and the side yard setback for parking was approved for this
property.
ZONING ORDINANCE
The property located at 4347 Central Avenue is zoned GB, General Business District,
as are the properties to the north, south east and west. The City's Code requirements
pertaining to parking and drive aisle widths are as follows:
1. Code Section 9.106 (L)(10) requires one parking stall per every employee, plus
one drop off space for every 5 enrollees, There are 35 students planned and 6
employees requiring 13 parking stalls. With the passed variances granted the
City of Columbia Heights Planning Commission January 2, 2013
4347 Central Ave - Parking Variance Case # 2013-0101
applicant can accommodate 9 parking stalls onsite requiring a 4 stall parking
variance.
CONSIDERATIONS.
The preexisting placement of the building on the undersized parcel demonstrates an
undue hardship on the property, justifying the parking setback and drive aisle width
variances. The need for the 4-stall parking variance is strictly a function of the type of
business that wishes to locate on the premises. The previous use of the building as an
office/retail facility only needed to supply 1 parking stall for each 300 square feet of
office/retail area. Given the dimensions of the building, the previous use would have
needed 9 parking stalls. The accompanying site plan indicates that 9 parking stalls
could be placed on the parcel with the parking and drive aisle width variances.
The applicant has indicated she is going to provide transportation services to most of
the children attending this daycare, thus lessening the need for parking. She has also
obtained 6 more parking spaces from the adjacent property (Sarah's Tobacco) for her
employees to park, Code Section 9.106 (L)(9) allows shared parking if five conditions
are met. (9) Shared parking, the City Council may approve the use of a required off-
street parking area for more than one principal use on the same or an adjacent site if
the following conditions are met: (a) Location. The use for which the application for
shared parking is being made is located within 300 feet of the use providing the parking
facilities. (b) Nighttime uses. Up to 50% of the off-street parking facilities required for a
bowling alley, nightclub, school auditorium, theater or similar nighttime use may be
supplied by off-street parking facilities provided primarily for daytime use. (c) Sunday
use. Up to 75% of the off-street parking facilities required for a place of worship or
similar Sunday use may be supplied by off-street parking facilities provided primarily for
a daytime use. (d) Daytime use. For the purposes of this provision, the following uses
are considered daytime uses: financial institutions, offices, retail stores, personal
service facilities and similar uses. (e) Contract. A legally binding instrument for the
shared use of the off-street parking facilities shall be approved by the City Attorney and
filed with the Anoka County Recorder's Office within 60 days after approval of the
shared parking use. The daycare and the adjacent Tobacco store meet the criteria for
shared parking.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area as Commercial. The proposed variances
would enable a business to locate in a vacant commercial space. For this reason, the
proposals are consistent with 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:
Page 2
92
City of Columbia Heights Planning CommIsslon January 2, 2013
4347 Central Ave - Parking Variance Case # 2013-0101
a) Because of the particular physical surroundings, or the shape, configuration,
topography, or other conditions of the specific parcel of land involved, strict
adherence to the provisions of this article would cause practical difficulties in
conforming to the zoning ordinance. The applicant, however, is proposing to
use the property in a reasonable manner not permitted by the zoning
ordinance.
The 4-stall parking variance cannot be avoided with the type of business that is
willing to operate from this location because there is not physically enough room
on the property to place 4 more parking stalls. Side setback and aisle width
variances have already been granted due to the physical shape and
configuration of this lot
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.
There are many undersized commercial properties along Central Avenue in The
GB, General Business District The uniqueness of this particular parcel is the
placement of the building on the property in relation to the existing driveway
openings and property lines. Physically, there is no way to accommodate the
minimum requirements of the Zoning Code for parking without the need of a
variance.
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 article require a certain number of parking stalls. The
property at 4347 Central Avenue is too small to accommodate these
requirements. The hardships have not been created by persons having a legal
interest in the property.
d) The granting of the variance is in harmony with the general purpose and
intent of the comprehensive plan.
The Comprehensive Plan guides this area as Commercial. The proposed
variances would enable a business to locate in a vacant commercial space. For
this reason, the proposals are consistent with 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.
Page 3
93
City of Columbia Heights Planning Commission January 2, 2013
4347 Central Ave — Parking Variance Case # 2013-0101
The granting of the variances should not be materially detrimental to the public
welfare or the use of the properties in the vicinity. The variance requests will
have conditions imposed on them to help ensure this.
RECOMMENDATION
Staff recommends approval of the 4-stall parking variance. The applicant has done a
sufficient job in attempting to limit the degree of the parking stall variance in that she
has permission from the adjacent property for 6 parking stalls for her employees. Staff
recognizes the site is compact and already has two variances for the drive aisle and
parking setback acknowledging the challenges to bring the parking lot into compliance.
Motion: That the Planning Commission recommends that the City Council approve the j
variance to allow four (4) less parking stalls than the minimum requirement per Code
Section 9.106 (L)(10) of the City Code and approve shared parking with the adjacent
property, 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: i
1. All application materials, maps, drawings, and descriptive information submitted
I
with the application shall become part of the permit.
2. A contract for the shared parking shall be approved by the City Attorney and filed
with the Anoka County Recorder's Office within 60 days after approval of the
shared parking use.
3. At least 75 square feet of outside play area shall be provided for each child under
care.
4. Short-term parking of vehicles engaged in loading and unloading of children shall
be provided as close as practical to the principal entrance.
ATTACHMENTS
• Draft Resolution
• Location Map
• Site Plan
Page 4
94
RESOLUTION NO.2013-XX
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF TTIE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR SAYNAB YUSUF
WHEREAS, a proposal (Case # 2013-0101) has been submitted by Saynab Yusuf to the City
Council requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 4347 Central Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A variance to allow four(4)less
parking stalls than the minimum requirement per Code Section 9.106(L)(10).
WHEREAS,AS,the Planning Commission has held a public hearing as required by the City Zoning
Code on January 2,2013;
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 th&City Council accepts and adopts the following findings of the Planning Commission:
I 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 hi 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
improvernents in the vicinity.
95
Resolution No. 2012-084 Page 2
FURTHER,BE IT RESOLVED,that the attached plans,maps,and other information shall become
pant of this variance and approval;and in granting this variance the city and the applicant agree that
this variance shall become null and void if the project has not been completed within one (1)
calendar year after the approval date,subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
I. All application materials,neaps, drawings, and descriptive information submitted with the
application shall become part of the permit.
2. A contract for the shared parking shall be approved by the City Attorney and filed with the
Anoka County Recorder's Office within 60 days after approval of the shared parking use.
3. At least 75 square feet of outside play area shall be provided for each child under care.
4. Short-term parking of vehicles engaged in loading and unloading of children shall be
provided as close as practical to the principal entrance.
Passed this 10 day of January, 2013
OfJ'ered by: Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt
City Clerk
96
T in
016 1.86 696
896 t°
L96 7d 8 7A.L 996 596
996 _ N
09 696
O 956 d
996 996 a'
6t'
L Q-
7d 8.9-7A/ O 096 V6 m
v � �
ti6 er o�
6
et n
� M w
d
too
3A 7MI N33
3AV 7VHJ N33
N co Q O c
q N W)
le
N N r °mot ° N N
�t et et zt °' � �
�[
o
1S N32In:8 NVA N
ALU
O
N
Q (0 t0Cl o
V � R
W
me
W V R 1f V
z
® = U
a`
p SHE dr m
r O O +) U
am d' qe
N
;;\` a
LA.
film
-"-N&2t�2MM
95-
LAM a
CD
;z
-*Z
Pe i ea
�f Fli i
we
'ill & ms
MCI 111,01111111111
cr)
Ell,
0
it
z
Ivwu
I 7h.
IV
ix
0
ioe
if
I Hill,
S 4 5 4 off LL