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12/09/2013 RegularMeeting
CITY OF COLUMBIA HEIGHTS Mayor Gay L.Peterson 590 40th Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Counciimembers Visit our website at.www.ci.coiumbia-heirhts.mmus Robert A. Williams Bruce Nawrocki Tammera Diehm Donna Schmitt City Manarer 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,December 09,2013 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. e City of o um is Heights does not discriminate on t e asis 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 Max Richter of Community Methodist Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA The Council,upon majority vote of its members,may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline. 4.PROCLAMATIONS,PRESENTATIONS, RECOGNITION,ANNOUNCEMENTS, GUESTS 5. CONSENT AGENDA These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business. A. Approve City Council Meeting Minutes of November 25, 2013 Pg0 7 MOTION: Move to approve the City Council Meeting Minutes of November 25, 2013. B. Accept Boards and Commission Meeting Minutes MOTION: Move to Accept the Planning and Zoning meeting minutes of June 18, 2013. Pg16 MOTION: Move to Accept the Planning and Zoning meeting minutes of December 3,2013. Pg2 6 MOTION: Move to Accept the EDA meeting minutes of August 5, 2013. Pg3 6 MOTION: Move to Accept the EDA meeting minutes of September 9, 2013. Pg44 C. Approve 2014 City Council Meeting Calendar Pg4 6 MOTION: Move to approve the 2014 City Council Meeting Calendar as submitted. D. Adopt Resolution 2013-114, Regarding 2013-2014 LELS Labor Agreement—Sergeants Pg5 9 MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 2013-114, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services,Local 342, for calendar years 3 City Council Agenda Monday,December 09,2013 Page 2 of 4 2013 and 2014. E. Authorize School Liaison Officer Contract with CH School District for 2014 P963 MOTION: Move 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 through December 31, 2014. F. Approve Resolution No. 2013-113, being a Resolution establishing various compensation rates P980 for the Columbia Heights Fire Department Paid-on-Call division effective January 1 2014. MOTION: Move to waive the reading of Resolution No.2013-113, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2013-113, being a Resolution establishing various compensation rates for the Columbia Heights Fire Department Paid-on-Call division effective January 1, 2014. G. Adopt Resolution 2013-111, adopting the Anoka County Multi-Jurisdictional Hazard Miti ation Pg82 Plan. MOTION: Move to waive the reading of Resolution No. 2013-111,there being ample copies available to the public. MOTION: Move to adopt Resolution 2013-111, adopting the Anoka County Multi-Jurisdictional Hazard Mitigation Plan. H. Adopt Resolution 2013-112,being a resolution updating the income limit for senior citizen Pg84 utility rates. MOTION: Move to waive the reading of Resolution 2013-112, there being ample copies available to the general public. MOTION: Move to adopt Resolution 2013-112, being a resolution updating the income limit for senior citizen utility rates. I. Adopt Resolution 2013-105 establishing senior citizens or retired& disabled persons hardship pg 8 6 special assessment deferral MOTION: Move to waive the reading of Resolution No. 2013-105,there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2013-105, being a resolution establishing a new maximum income of$33,000 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. J. Adopt Resolution 2013-116 to Receive Petition and Order the Preparation of a Feasibility Report pgg g for Storm Drainage_Improvements MOTION: Move to waive the reading of Resolution 2013-116,there being ample copies available to the public. MOTION: Move to adopt Resolution 2013-116 being a resolution receiving the petition and ordering preparation of a report for storm water drainage improvements in the area north of 43rd 4 City Council Agenda Monday,December 09,2013 Page 3 of 4 Avenue,between Benjamin and Arthur Streets. K. Adopt Resolution 2013-115,being a Resolution Accepting Bids and Awarding the Contract for Pg92 2013 Sanitary Sewer Lining, City Project No. 1304, to Insituform, LLC MOTION: Move to waive the reading of Resolution 2013-115, there being ample copies available to the public. MOTION: Move to adopt Resolution 2013-115,being a resolution accepting bids and awarding the contract for 2013 Sanitary Sewer Lining, City Project No. 1304 to Insituform Technologies USA, LLC, of Chesterfield, Missouri based upon their low, qualified,responsible bid in the amount of$122,524 with funds to be appropriated from Fund 652-51304-5185; and, furthermore,to authorize the Mayor and City Manager to enter into a contract for the same. L. Approve Business License Applications Pg 9 5 MOTION: Move to approve the items as listed on the business license agenda for December 9, 2013. M. Payment of Bills pg9 7 MOTION: Move that in accordance with Minnesota Statue 412.271, subd.8, the City Council has received the list of claims paid covering check number 150346 through 150499 in the amount of $3,626,434.78. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolution No. 2013-117, being a Resolution approving a site plan for anew restaurant pg105 located at 4001 University Avenue NE MOTION: Move to waive the reading of Resolution No. 2013-117, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2013-117,being a resolution approving a site plan for a new restaurant located at 4001 University Avenue NE., subject to the conditions outlined in the resolution. 7.ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution 2013-103,being a resolution adopting a budget for the year 2014, setting the Pg12 8 City Lew, and approving the HRA Levy. MOTION: Move to waive the reading of Resolution 2013-103,there being ample copies available to the public. MOTION: Move to adopt Resolution 2013-103,being a resolution adopting a budget for the year 2014, setting the City Levy, and approving the HRA Levy. B. Bid Considerations C. New Business and Reports 8. ADMINISTRATIVE REPORTS 5 City Council Agenda Monday,December 09,2013 Page 4 of 4 Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. ADJOURNMENT Walter R. Fehst, City Manager WF/tal 6 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING TUESDAY,NOVEMBER 25,2013 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON TUESDAY,NOVEMBER 25,2013 IN THE CITY COUNCIL CHAMBERS,CITY HALL,590 40TH AVENUE N.E.,COLUMBIA HEIGHTS,MINNESOTA. 1. CALL TO ORDER/ROLL CALL/INVOCATION Mayor Peterson called the meeting to order at 7:00 PM. Members Present: Mayor Peterson, Councilmember Williams, Councilmember Diehm, Councilmember Schmitt, and Councilmember Nawrocki. Members Absent: None Staff Present: City Manager Walt Fehst, Assistant to City Manager/HR Director Linda Magee, Fire Chief Gary Gorman, Recreation Director Keith Windschitl, City Attorney Jim Hoeft, and City Clerk/Council Secretary Tori Leonhardt. Pastor Dan Thompson of Heights Church gave the invocation. 2. PLEDGE OF ALLEGIANCE Recited 3. ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson asked that Resolutions 2013-109 and 2013-110 be removed under the Public Hearings as they have been brought into compliance in accordance to the Property Maintenance Code. 4. PROCLAMATIONS, PRESENTATIONS,RECOGNITION,ANNOUNCEMENTS, GUESTS Councilmember Nawrocki presented the City Clerk with a check for $10.00 for his portion of the City luncheon that will be on December 10, 2013. 5. CONSENT AGENDA Councilmember Nawrocki asked that items C, D, E, F, and G be removed for further discussion. City Manager Fehst took the Council through the remaining items on the Consent Agenda, A. Approve City Council Meeting Minutes of November 12, 2013 MOTION: Move to approve the City Council Meeting Minutes of November 12, 2013. B. Accept Boards and Commissions Meeting Minutes MOTION: Move to Accept the Library Board Meeting Minutes of October 2, 2013. MOTION: Move to Accept the Park and Recreation Meeting Minutes of August 28, 2013. MOTION: Move to Accept the Charter Commission Meeting Minutes of October 17, 2013. C. Approve Resolution 2013-104, being a Resolution canceling the regular City Council meeting of Monday, December 23, 2013 - REMOVED 7 City Council Meeting Minutes Monday,November 25,2013 Page 2 of 9 D. 2014 Seasonal and Temporary Wage Adjustments -REMOVED E. Approve John P. Murzyn Hall rental rates for 2015 -REMOVED F. Approve City Park rental rates for 2014 -REMOVED G. Approve City Event Wagon rental rates for 2014 -REMOVED H. Approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for November 25, 2013 in that they have met the requirements of the Property Maintenance Code. I. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for November 25, 2013 as presented. J. Payment of Bills MOTION: Move that in accordance with Minnesota Statue 412.271, subd.8, the City Council has received the list of claims paid covering check number 150177 through 150345 in the amount of $2,722,618.15. Motion by Diehm, seconded by Schmitt, to approve the Consent Agenda items with the acception of items C, D, E, F, and G that were removed for further discussion. Upon Vote: All ayes. Motion Carried. Items removed for discussion: Item C: Approve Resolution 2013-104,being a Resolution canceling the regular City Council meeting of Monday, December 23, 2013 Councilmember Nawrocki indicated that on the first meeting in December it will be a public hearing for the budget and we will be discussing end of the year items. There may be some questions that may need to be carried over to the second meeting. He indicated he received his preliminary tax statement and his taxes went down 12.5%. Fehst indicated that taxes were down throughout the city. Motion by Diehm, seconded by Schmitt, to waive the reading of Resolution No. 2013-104,there being ample copies available for the public. Upon Vote: All ayes. Motion Carried. Motion by Diehm, seconded by Williams, to approve Resolution No. 2013-104,being a Resolution canceling the regular City Council meeting of Monday, December 23, 2013. Upon Vote: All ayes. Motion Carried. Item D: 2014 Seasonal and Temporary Wage Adjustments Motion by Diehm, seconded by Williams, to waive the reading of Resolution 2013-106, there being ample copies available to the public. Upon Vote: All ayes. Motion Carried. 8 City Council Meeting Minutes Monday,November 25,2013 Page 3 of 9 Motion by Diehm, seconded by Williams, to adopt Resolution 2013-106, adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2014. Councilmember Nawrocki questioned the last seasonal adjustment in 2012 and wanted to know if the adjustments included an increase for 2013. Magee replied that we did not grant an increase to seasonal and temporary employees for 2013. Nawrocki indicated we should have information on salary adjustments in other communities for the comparable positions. Upon Vote: All ayes. Motion Carried Item E.Approve John P. Murzyn Hall rental rates for 2015 Motion by Diehm, seconded by Schmitt, to adopt the 2015 John P. Murzyn Hall rental rates as outlined by the Park and Recreation Commission at their meeting of October 23, 2013. Councilmember Nawrocki asked how these rates compare to the present rates. Windschitl indicated the rates are the same and have not increased in several years. Nawrocki asked if we could get a comparison to what other cities charge. Windschitl replied he has done that every year except for this year as a lot of the other places do not offer the same amenities therefore; you are not getting a true comparison. Nawrocki wanted to know how the rent has been compared to previous years. Windschitl indicated that rent has been down this year compared to previous years as we used to have the preschool room that was charged to the school district in the amount of$16,000. Saturday rentals appear to be holding steading with Friday and Sunday rentals down slightly,possibly due to the economy. Upon Vote: All ayes. Motion Carried. Item F: Approve City Park rental rates for 2014 Motion by Diehm, seconded by Schmitt, to adopt the Park Rental Rates, as outlined by the Park and Recreation Commission at their meeting of October 23, 2013. Nawrocki objected to the residents paying more to use the park, as the residents have already paid for the land the parks are on with their property taxes. He feels this is out of line. Fehst commented that people are able to use this all day every day free of charge. This charge is for the exclusive use of the park shelter without interruption from the public on a reserved date and time. Windschitl added that they have to have people come in on the weekends and clean it so that residents can use it. This fee pays for that, along with the costs for the electricity and the upkeep. All we trying to do is offset the cost for these things. Roll call Vote: Schmitt; aye,Williams; aye, Diehm; aye,Nawrocki; nay, Peterson; aye. 4ayes:1nay. Motion Carried. Item G: Approve City Event Wagon rental rates for 2014 Motion by Diehm, seconded by Schmitt, to adopt the Event Wagon Rental Rate of$35.00 plus tax, as outlined by the Park and Recreation Commission at their meeting of October 23, 2013. 9 City Council Meeting Minutes Monday,November 25,2013 Page 4 of 9 Nawrocki stated that gas is a little less than it has been the last couple of years. When does the wagon get hauled out to the resident who is renting it? Windschitl replied that it is hauled out on Friday and picked up on Monday so they do not have to pay employee overtime. Nawrocki asked how long the resident is charged for. Windschitl responded they are only charged for one day rental. Diehm pointed out this is a great option and a great deal we offer to residents. Schmitt indicated that these items were purchased a long time ago and they do have to be maintained and replaced over time. Windschitl stated that people have already been calling to reserve the wagon and do not seem to mind if the price increases a little bit. Roll call Vote: Schmitt; aye, Williams; aye, Diehm; aye,Nawrocki; nay, Peterson; aye. 4ayes:Inay. Motion Carried. Nawrocki asked if the pool hall on 40th Avenue has a billboard license. Fehst stated that they been informed they are in violation of our sign ordinance and they have until spring to get the front of the building cleaned up. Mayor Peterson indicated that he has had several calls on it from people that think that it looks nice and that it is not noticeable until you are right up to it. Peterson commented further stating that it is done nicely and the owner has indicated that it has helped his business. Schmitt commented that it could be considered as possible art as it depicts part of the business in the signage. Nawrocki asked if we should then let every other business along 40th depict their interpretation of art on their buildings. 6. PUBLIC HEARINGS A. Adopt Resolutions 2013-107, 4954 6th Street N.E., and 2013-108,4030 Quincy Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. Fire Chief Gorman indicated that an inspection was conducted on September 17, 2013 at 4954 6th and found the property had an overhead garage door that was deteriorated and needed to be repaired/replaced. A reinspection was completed on October 21, 2013 and again on November 7, 2013 and the violation remained uncorrected. He also stated this property is vacant. Gorman indicated that an inspection was conducted on September 24, 2013 at 4030 Quincy Street and found the property had a broken window that needed to be repaired/replaced. A reinspection was completed on October 24, 2013 and again on November 5, 2013 and the violation remained uncorrected. He also stated this property may become vacant. Mayor Peterson asked if there was anyone here tonight representing these properties. There was no one in the audience representing either of the properties. Motion by Diehm, seconded by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2013-107 and 2013-108 there being ample copies available to the public. Upon Vote: All ayes. Motion Carried. Motion by Diehm, seconded by Williams,to adopt Resolution Numbers 2013-107 and 2013-108 being resolutions of the City Council of the City of Columbia Heights declaring the properties 10 City Council Meeting Minutes Monday,November 25,2013 Page 5 of 9 listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon Vote: All ayes. Motion Carried. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions—Nothing to report B. Bid Considerations -Nothing to report C. New Business and Reports—Nothing to report 8. ADMINISTRATIVE REPORTS Report of the City Manager: City Manager Fehst brought up that they have scheduled a meeting on behalf of the Met Council on Thrive MSP 2040 on December 11, 2013 from 7:00 to 10:00 PM at the Columbia Heights High School in their Board Room. This meeting is open to the general public. Schmitt added that she has been to a couple of the Thrive meetings in the area and you can get together in groups to determine what you would like to see in your city. She encourages citizens as well as business owners in our community, as well as surrounding communities,to attend this meeting. Fehst stated at the Met Council's regional meeting last Wednesday the general discussion was on health care reform and they had someone from Gallagher Benefit Services there that identified some of the things to be aware of. Fehst commented that he is glad we have someone like Magee on board to help us with this as it does get complicated. They also talked about what the League does and offers as far as comparable information from other cities. You can get as educated as you need to be and recommends that you get involved and call them if you have questions. Fehst informed the Council he wanted to schedule an Executive Session on December 9th immediately following the HRA and EDA meetings for discussion on contract negotiations, followed by a City Council work session. Nawrocki stated as the past president of the LMC and as a current finance committee member, it is good to be represented whenever possible. Nawrocki asked the City Manager if there was any follow up in regards to the copper grounding wires on light poles. Fehst stated they did following up on it and gave that information to him. Nawrocki stated he is looking for some follow up on it. Fehst reiterated he gave him the follow up on it.Nawrocki indicated he will keep asking for follow up. Nawrocki commented on the building on 40th and University has been in a state of rebuilding again and he has had some complaints on how bad it looks. Fehst responded by saying they are going to the next planning and zoning meeting in December and they are no longer going to be a gas station, instead they are going to be a small grocery store and deli. Nawrocki commented he received a copy of a letter in regards to a plaque on the clock tower from a resident and wanted to know what the outcome was. Mayor Peterson replied that he was aware of it and indicated the Activity Fund continues to have fundraisers in order to replace items like this and they will look at it in spring as snow piles up on it during the winter. They may have to look at replacing it with a different type of material. Report of the City Attorney City Attorney Jim Hoeft indicated he had nothing to report at this time. 11 City Council Meeting Minutes Monday,November 25,2013 Page 6 of 9 9. CITIZENS FORUM Mayor Peterson stated the Taste of Heights was a huge success on Friday night. They had a great turn out and everyone enjoyed the wonderful food and music. Peterson also commented on how beautifully decorated the hall was, which was all donated. Peterson reminded everyone that SACA food shelf needs donations as well has help this time of the year. He encourages people to stop on by, as donating of oneself is very rewarding. Councilmember Nawrocki stated that the Lions will be having their annual Christmas Dinner/meeting the third Monday of December and they will be accepting donations for SACA and the Lions will match donations up to $500. Mayor Peterson stated the Booster Club also volunteers their time at SACA on December l I 1 by packaging and delivering food items. Mayor Peterson asked that we keep our service men and women in our thoughts and prayers and to do a random act of kindness. 10.ADJOURNMENT Mayor Peterson adjourned the meeting at 7:47 PM. Tori Leonhardt, City Clerk/Council Secretary RESOLUTION NO.2013-104 BEING A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, DECEMBER 23,2013 WHEREAS: The City of Columbia Heights offices are closed on Tuesday,December 24, 2013 and Wednesday, December 25, 2013, and; WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday, December 23, 2013; NOW,THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. Passed this 25th day of November, 2013 12 City Council Meeting Minutes Monday,November 25,2013 Page 7 of 9 RESOLUTION 2013-106 ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR TEMPORARY PART-TIME LIBRARY POSITIONS, SEASONAL PUBLIC WORKS POSITIONS, SEASONAL/TEMPORARY RECREATION POSITIONS, AND INTERNS WHEREAS,the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis, changes may be adopted in Wage Ranges. NOW,THEREFORE,BE IT RESOLVED,that the City of Columbia Heights establishes wage ranges for non- unionized temporary part-time Library positions, seasonal Public Works positions, seasonal/temporary Recreation positions, and interns, as indicated on Schedule 1, 1I, III, and IV,which are attached and on file in the office of the City Manager; and BE IT FURTHER RESOLVED that such schedules be effective January 1,2014. Passed this 25th day of November, 2013. RESOLUTION 2013-107 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 11, of City Code, of the property owned by Mariam F May(Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4954 6th Street 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 October 21, 2013. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 17,2013 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 21, 2013 inspectors re-inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 7, 2013 inspectors re-inspected the property and found that violations 13 City Council Meeting Minutes Monday,November 25,2013 Page 8 of 9 remained uncorrected. 4. That based upon said records of the Fire Department,the following conditions and violations of City Codes(s)were found to exist, to wit: A. Shall repair/replace deteriorated overhead garage door. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4954 6th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4954 6th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this 25th day of November 2013 RESOLUTION 2013-108 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 Walter Azizi (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4030 Quincy Street 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 October 24,2013. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 24, 2013 an inspection was conducted on the property listed above. Inspectors 14 City Council Meeting Minutes Monday,November 25,2013 Page 9 of 9 found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 24, 2013 inspectors re-inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 5, 2013 inspectors re-inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s)were found to exist, to wit: A. Shall repair/replace broken window. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4030 Quincy Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4030 Quincy Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this 25th day of November 2013 15 DRAFT COPY OF PLANNING AND ZONING COMMISSION MINUTES OF THE SPECIAL MEETING JUNE 18,2013 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 Absent- Lee Also present were Sheila Cartney(Asst. Community Development Director). Motion by Fiorendino, seconded by Kinney, to approve the minutes from the meeting of June 4, 2013. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: 2013-0603 APPLICANT: Renaissance Fireworks LOCATION: 4005 Central Avenue NE REQUEST: Interim Use Permit Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the operation of a fireworks tent at 4005 Central Avenue. The specific development standards for an outdoor sales/display establishment are found at Section 9.107 (C)(20), and will be added as conditions of approval for this permit. This will be the Renaissance's 9"' year operating a fireworks tent at this location in Columbia Heights. The attached site plan illustrates the configuration and orientation of the fireworks tent to Central Avenue. The Fire Chief has inspected the plans and will conduct a site inspection of the tent prior to the business opening for operation. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. ZONING ORDINANCE The zoning classification for this property located at 4005 Central Avenue is CBD, Central Business District. Fireworks tents are allowed as Interim Uses in this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 87,500-square foot commercial building is required to have 263 parking spaces. After using 16 P&Z Minutes June 18, 2013 Page 2 the 13 parking spaces for the tent, the site will still have 282 parking spaces. Furthermore, with the location of the display area on the opposite side of the parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines seven findings of fact that must be met in order for the City to grant an interim use permit. They are as follows: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. Fireworks tents are an Interim Use in the CBD, Central Business District, and are considered retail sales, which are permitted. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. Tlie proposed temporary use should not have any detrimental impact on neighboring properties because of its proximity to Central Avenue and because it is shielded from adjacent residential uses. 4. The use will not substantially diminish the use of property in the immediate vicinity. The fireworks tent as proposed will have no impact on the use of adjacent properties. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. Tlie fire department will conduct an on-site survey prior to the business opening. All state requirements regarding fireworks sales will be complied with before the fire department will allow the operation of the business. 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The traffic generated by the fireworks tent will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the fireworks tent should not have a negative impact on other uses in the immediate vicinity, which are all zoned commercial. 17 P&Z Minutes June 18, 2013 Page 3 Staff recommends that the Planning Commission approve the Interim Use Permit for a fireworks tent subject to conditions of approval outlined below. Questions from members: Little and Szurek commented on how they were not happy that the applicant did not show up to the meeting especially since they requested the special meeting. Public Hearing Opened. No one present Public Hearing Closed. Motion by Szurek, seconded by Fiorendino, to waive the reading of Resolution No. 2013 PZ03, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Fiorendino, seconded by Kinney, to adopt Resolution No. 2013-PZ03, being a Resolution approving an Interim Use Permit for a fireworks tent at 4005 Central Avenue NE,from June 19 to July 5, 2013 subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. a. The Fire Department must inspect the above mentioned areas before any sales can take place and a fireworks sales fee must be paid to the Fire Department. 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents located within the public right-of-way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. 5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6 Music or amplified sounds shall not be audible from adjacent residential properties. 7. The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. 8. Signage shall be limited to two (2)professionally made signs, with a combined square footage not exceeding thirty-two (32) square feet. All ayes. MOTION PASSED. 18 P&Z Minutes June 18, 2013 Page 4 RESOLUTION NO.2013-PZ03 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN INTERIM USE PERMIT FOR RENAISSANCE FIREWORKS,INC WITHIN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA WHEREAS, a proposal (Case#2013-0603)has been submitted by Renaissance Fireworks to the Planning and Zoning Commission requesting an Interim Use Permit approval from the City of Columbia Heights at the following site: ADDRESS: 4005 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for a fireworks tent and sale for a period of no more than 90 days,per Code Section 9.110(17)(4)(a). WHEREAS,the Planning Commission has held a public hearing as required by the city Zoning Code on June 18,2013; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air,danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use,as detennined by the Zoning Administrator. 2. The use is in hannony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. Adequate measures have been or will be taken to minimize traffic congestion on the pubic streets and to provide for appropriate on-site circulation of traffic. 7. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. FURTHER,BE IT RESOLVED,that the attached conditions,maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: The Planning Commission approves the Interim Use Permit for a fireworks tent at 4005 Central Avenue NE, from June 19 to July 5, 2013 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: 19 P&Z Minutes June 18, 2013 Page 5 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. a. The Fire Department must inspect the above mentioned areas before any sales can take place and a fireworks sales fee must be paid to the Fire Department. 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124, 3. Fireworks tents located within the public right-of-way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. 5. All goods shall be displayed in an orderly fashion,with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential properties. 7. The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. 8. Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty-two(32) square feet. Passed this 18`x' day of June 2013, Offered by: Seconded by: Roll Call: CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Mark Lazarchic Date CASE NUMBER: 2013-0604 APPLICANT: Renaissance Fireworks LOCATION: 4300 Central Avenue REQUEST: Interim Use Permit for Seasonal Sales Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the operation of a fireworks tent at 4300 Central Avenue. Specific development standards for an outdoor sales/display establishment are found at Section 9.107 (C)(20), and will be added as conditions of approval for this 20 P&Z Minutes June 18, 2013 Page 6 permit. This will be the Renaissance's 9t' year operating a fireworks tent in Columbia Heights and the first at this location. The attached site plan illustrates the configuration and orientation of the fireworks tent to Central Avenue. The plans will have to meet all applicable Fire Code regulations prior to operation. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. ZONING ORDINANCE The zoning classification for this property located at 4300 Central Avenue is GB, General Business District. Fireworks tents are allowed as Interim Uses in this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 144,900-square foot commercial building is required to have 483 parking spaces. The proposed fireworks tent will occupy 15 parking stalls. After subtracting 30 parking spaces for the Linder's Greenhouses, the site still has 583 parking spaces. Furthermore, with the location of the display area on the opposite side of the parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines seven findings of fact that must be met in order for the City to grant an interim use permit. They are as follows: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. Fireworks tents are an Interim Use in the GB, General Business District, and are considered retail sales, which are permitted. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. The proposed temporary use should not have any detrimental impact on neighboring properties because of its proximity to Central Avenue and because it is shielded from adjacent residential uses. 4. The use will not substantially diminish the use of property in the immediate vicinity. Die fireworks tent as proposed will have no impact on the use of adjacent properties. 21 P&Z Minutes June 18, 2013 Page 7 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The fire department will conduct an on-site survey prior to the business opening. All state requirements regarding fireworks sales will be complied with before the fire department will allow the operation of the business. 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The traffic generated by the fireworks tent will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the fireworks tent should not have a negative impact on other uses in the immediate vicinity. Staff recommends that the Planning Commission approve the Interim Use Permit for a fireworks tent subject to conditions of approval outlined below. Questions from members: none Public Hearing Opened. No comments Public Hearing Closed. Motion by Szurek, seconded by fiorendino, to waive the reading of Resolution No. 2012-PZ04, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Fiorendino, seconded by Kinney, adopt Resolution No. 2012-PZ04, being a resolution approving an Interim Use Permit to allow Renaissance Fireworks to operate a fireworks tent located at 4300 Central Avenue NE from June 19 to July S, 2013 subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. A. The Fire Department must inspect the above mentioned areas before any sales can take place and a fireworks sales fee must be paid to the Fire Department. 22 P&Z Minutes June 18, 2013 Page 8 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents located within the public right-of-way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. 5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential properties. 7. The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. 8. Signage shall be limited to two (2)professionally made signs, with a combined square footage not exceeding thirty-two (32)square feet. RESOLUTION NO.2013-PZ04 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN INTERIM USE PERMIT FOR RENAISSANCE FIREWORKS WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case#2013-0604)has been submitted by Renaissance Fireworks to the Planning and Zoning Commission requesting an Interim Use Permit approval from the City of Columbia Heights at the following site: ADDRESS: 4300 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Pennit for a fireworks tent and sale,per Code Section 9.110 (E)(4)(a). WHEREAS,the Planning Commission has held a public hearing as required by the city Zoning Code on June 18,2013; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air,danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed,constructed,operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. Adequate measures have been or will be taken to minimize traffic congestion on the pubic streets and to provide for appropriate on-site circulation of traffic. 7. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 23 P&Z Minutes June 18, 2013 Page 9 FURTHER,BE IT RESOLVED,that the attached conditions,snaps, 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: The Planning Commission approves the Interim Use Permit for a fireworks tent at 4005 Central Avenue NE, from June 19 to July 5, 2013 subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance,including: 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. a) The Fire Department must inspect the above mentioned areas before any sales can take place and a fireworks sales fee must be paid to the Fire Department 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents located within the public right-of-way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. 5. All goods shall be displayed in an orderly fashion,with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential properties. 7. The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. 8. Signage shall be limited to two (2)professionally made signs, with a combined square footage not exceeding thirty-two(32) square feet. Passed this 18t"day of June 2013, Offered by: Seconded by: Roll Call: CHAIR Marlaine Szurek Attest., SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Mark Lazarchic Date 24 P&Z Minutes June 18, 2013 Page 10 OTHER BUSINESS Little questioned if we could expand the Interim Use Permit timeframes rather than approving them yearly. Cartney explained that the current ordinance allows for a maximum of 90 days per calendar year. Szurek mentioned she would like to speak to the City Council about alternatives so we aren't doing the same permits every year, that they could be done administratively or for longer periods of time. Cartney told members there will not be a meeting in July since no cases were received prior to the deadline. The meeting was adjourned at 7:15pm. Respectfully submitted, Shelley Hanson/Sheila Cartney Secretary 25 DRAFT COPY--MINUTES OF PLANNING AND ZONING COMMISSION DECEMBER 3,2013 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present-Little, Fiorendino, Kinney,Lee and Szurek Also present were Joseph Hogeboom(Asst. Community Development Director), Shelley Hanson (Recording Secretary),Elizabeth Holmbeck(Intern), and Gary Peterson(Council Liaison). Motion by Fiorendino, seconded by Kinney, to approve the minutes from the meeting of June 18, 2013. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2013-1201 APPLICANT: Louie Abuhkader LOCATION: 4001 University Avenue NE REQUEST: Site Plan Approval Louie Abuhkader, in collaboration with Radwan Construction and Barr-Nelson, Inc., is proposing to construct and operate a restaurant/delicatessen on the property located at 4001 University Ave. NE. The applicant obtained Site Plan approval in December, 2012 for the construction of a gas station. The applicant has since reconsidered the use of the site, and has determined that it is a more appropriate location for a restaurant. The previous building on this site was a gas station, which was destroyed by a fire. The building that is currently under construction is located on the original building pad. As part of the new proposal, the general configuration of the site is consistent with the original Site Plan that was approved. However, due to the change of use, a new Site Plan approval process is required. This property is located within the boundaries of the 40th Avenue Design Guidelines District. The proposed Site Plan does achieve the standards established for the District. The proposed restaurant is planned to be called"Kader Cafe", and will specialize in Greek and Palestinian cuisine. ZONING ORDINANCE The property located at 4001 University Avenue is located in the General Business (GB)Zoning District. The properties to the north and east are located in the Multiple Family(R-3) Residential Zoning District and the properties to the south are located in the General Business (GB)Zoning District. The properties across University Avenue to the west are located in the Multiple Family(R-3) Residential Zoning District. 26 P&Z Minutes December 3, 2013 Page 2 COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Constructing a new restaurant is consistent with the City's Comprehensive Plan. DESIGN GUIDELINES The subject property is located in the 40th Avenue Design Guidelines District. The following components are requirements of the Design Guidelines District: • The building should have a well-defined front facade with primary entrances facing the street. • The building should be designed with pitched or flat roofs. • The base floor of the building should include elements that relate to human scale including texture,projections, doors, windows, awnings, canopies or ornamentation. • Building height shall be a minimum of 22 feet. • Window and door openings should comprise at least 30% of the area of the ground floor of the primary street facade. A minimum of 20% of any two sides or rear facades at ground level shall consist of window and door openings and a minimum of 15% of all upper story facades shall consist of window or balcony door openings. • Building materials should be high-quality, durable and authentic. Primary materials can consist of brick,natural stone, precast concrete, and stucco. The two finishes on the building are precast veneer("Mammoth Stone Series") and prefinished metal siding ("Una-clad"Delta Concealed). • Parking should be located behind buildings, when feasible. In general, the proposed building meets the design guidelines. Parking will be located in front of the building because the building was constructed in the location of the previous building on the site. The current proposal is consistent with the gas station Site Plan that was approved in December, 2012. Signage will be addressed when the applicant applies for a Sign Permit. Signage must be consistent with Design Guidelines and with City Code. SITE PLAN As previously mentioned, the proposed building is located within the existing foundation space of the original building. The footprint of the building is 2,400 square feet. The General Business Zoning District setbacks,which are 15 feet in the front yard and 20 feet in the rear yard, are achieved with this proposal. The former gas pumps and canopy structure were removed in early November. 1. Parking City Code requires 30 parking spaces for the proposed use(including both the building and the outdoor patio). According to the site plan all parking can be accommodated onsite. According to the Site Plan,parking visible to the north will be screened by vegetative cover, and parking visible to the east will be screened by a fence. 27 P&Z Minutes December 3, 2013 Page 3 2. Access Currently, the site has three curb cut accesses. One access is located on the Highway 47 Frontage Road, and two accesses are located on 40th Avenue(CSAH 2). Anoka County plans to create a right turn lane from 40th Avenue to University Avenue in the future. Therefore, under the direction of the City Engineer, the applicant intends to remove the westernmost access on 40th Ave. 3. Other Issues The fagade of the building has changed slightly since the original Site Plan was approved in 2012. The primary change is the removal of several second-story windows on the west-facing and south-facing facades. Despite the changes,the current Site Plan remains in compliance with the requirements of the 40th Avenue Design Guidelines District. Because the proposed use has changed from a gas station to a restaurant, the Site Plan now displays a 32-seat patio. The patio is proposed to be fenced and covered by a pergola roof. Because the patio is on the side of the building that is adjacent to residential properties, staff recommends restricting the patio's hours of operation. FINDINGS OF FACT Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: a. The site plan conforms to all applicable requirements of this article. The site plan meets all applicable Design Guidelines,for the property with a slight deviation in parking location. The Zoning Code requirements are achieved. b. The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan guides this area as Commercial. Constructing a new restaurant is consistent with the intent of the Comprehensive Plan. c. The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. With consolidating the entrances of 40"Avenue to one entrance, adverse impacts are lessoned on the public right-of-way. 28 P&Z Minutes December 3, 2013 Page 4 RECOMMENDATION Staff finds that the proposal for Kader Cafe is consistent with the City's Comprehensive Plan, and therefore recommends approval of the proposed Site Plan, subject to the following conditions: 1. All application materials, maps/plans, drawings and descriptive information submitted with this application shall become part of the permit. This includes changes requested from the Public Works Director. 2. Any new signage incorporated into the building or site shall meet the requirements of the 40`h Avenue Design Guidelines District, and shall be approved through the Sign Permit process. 3. The memorandum from the Public Works Director/City Engineer, dated November 13, 2013, shall be a component of this approval. 4. The sidewalk and median on the south side of the building shall be changed from a width of 6 feet to a width of 7 feet to better accommodate front vehicle overhang and pedestrian access. This must be shown on the final plans. 5. The existing payphone and clothing drop box on the southwest side of the site shall be removed prior to the issuance of a Certificate of Occupancy. 6. The location of the future gas meter shall be shown on all future plans. 7. The two proposed parking spaces adjacent to the patio area on the north side of the building shall not be constructed, and shall be removed from future site plans. 8. Future site plans must clarify the driveway location off of the Highway 47 Frontage Road, as well as surface runoff from the east side of the site. 9. The building shall be sprinkled. 10. Parking areas adjacent to residential properties shall be screened with fencing and/or landscaping that is 80% opaque year round. 11. The visual appearance of the trash enclosure shall be consistent with the visual appearance of the building. 12. The fence along the east side yard property line shall be repaired and made compliant with the City's property maintenance standards. 13. The hours of operation of the outdoor patio are restricted from open-9 pm on Sundays through Thursdays and open-10 pm on Fridays and Saturdays. 29 P&Z Minutes December 3, 2013 Page 5 14. The Public Works Director is requiring a $5,000 Bond or cash deposit for storm water and erosion control. Hogeboom stated that the applicants have been told the revised plans with all the requirements listed above must be submitted prior to the City Council meeting on December 9, 2013, since they failed to get the revisions to him before this meeting. Questions from members: Szurek asked if they had to have a storm water pond on site. Hogeboom said Public Works did not require this but noted that storm waters cannot be directed to neighboring sites. She then asked how soon till they expect this project to be completed. Szurek stated many projects in the City are taking far longer than expected and this creates eyesores for the various neighborhoods. She asked if there is a deadline under the permit process. Hogeboom stated that the Community Development Director planned to meet with the City Attorney on December 4th to see if the City can add a condition of a Completion Bond that would grant the City the right to demolish the building if construction becomes delayed again for an extended period of time such as it has this year. Little thought this would be a good idea. According to information he received he said the fire took place in November 2011, the permit to demolish the damaged building wasn't taken out till April 2012. Then a Site Plan was approved for the new building in December 2012,but the permit wasn't obtained until April 2013 and very little work has been done over the last 6 months. Now they are coming before the Commission with a change of plans for a different use mid-stream. He wanted to know why they changed the use and why so little progress has been made in two years. He said this site negatively affects the whole area. The applicant stated he is still fighting with his Insurance Company and therefore,money has been tight as he was trying to finance this as he went. He recently sold a building in south Minneapolis and now has the funds to complete this project. Mr. Abuhkader stated that he decided to use the site as a restaurant as his ability to sell gas declined once the University Avenue service road was closed near 40th Avenue. He said the allowed flow of traffic will better serve this property as a restaurant use so it was strictly a business decision. Szurek asked if the applicants were aware of the Design Guidelines for the exterior of the building. Hogeboom stated they were and the exterior would be similar to what was originally proposed and will be close to the exterior finish of Sarna's. It will be brick, stucco, and burnished block. Mr. Radwan(contractor) asked if the back of the building could be hardy board. Hogeboom stated he would have to check the Design Guidelines to see if that still meets the requirement. He will get back to them on this. Gary Peterson stated he thought the Board was being too restrictive and that we should work with the 30 P&Z Minutes December 3, 2013 Page 6 applicants to get the project completed. He said he liked the idea of Hardy Board on the back side and felt it was a good product and would be faster to install,yet it would look nice. Mr. Radwan said it is his intent to be done by April of 2014. He said they may add decks in the future,but the main structure should be done by Spring so they can open for business. Kinney asked if the City had the power to require a Completion Bond. Hogeboom stated that is a question the City Attorney will answer prior to the City Council meeting on Monday. She said she thinks the change to a restaurant is a better use of the property. She also understands the fmancial issues they have encountered and appreciates the fact they are now able to move forward again. She questioned the parking area on the west side and lack of bump-outs to protect cars. Hogeboom said the entry off University Avenue is one of items he has asked them to provide more detail on. Kinney also thought they need more of a buffer where the pine trees are currently located. Radwan stated they will be adding some additional landscaping which should match the design Sarna's has. Szurek asked if the applicant was aware of the restricted hours of operation for the patio area? They stated they are aware of them and had no problem with that. They want to be a good business partner with the residents nearby. Hogeboom said they had a survey done for the purpose of putting up a new fence and that may help to serve as a sound barrier. Szurek stated she thinks the neighbors will be happier with a restaurant use than a gas station,but she hopes it gets completed in a timely fashion. Lee asked if Sarna's patio hours were restricted in any way. Hogeboom stated that their patio faces University Avenue and does not abutt any residences. This particular site has residential uses on two sides of it. Public Hearing Opened. Joan Dobbs, 4024 4th Street-said she is concerned about additional noise generating from the patio use that will impact the neighbors. She said they already get a lot of noise from the Academy/daycare, the Hookah Lounge, and Sarna's. She stated that these businesses have also created a parking nightmare for the area as they park up and down 4th Street and 40tt'Avenue. She said the businesses operating around them currently make it harder for the residents to enjoy their homes and yards. Radwan stated that they do not intend on serving alcohol so that should help keep noise to a minimum. Szurek stated she hopes the privacy fence will help alleviate some of the noise and distraction. Dobbs noted that the Academy operating behind them only has a cyclone fence and therefore,they do hear all the activity there until at least 7 pm. 31 P&Z Minutes December 3, 2013 Page 7 Peterson stated we have building codes in place to ensure construction is up to code, and we have the Zoning Code which addresses noise and design issues,but the biggest issue that can't always be addressed is where commercially zoned properties abut residential zoned properties. This makes it hard for both parties to use their properties as they are allowed to. Peterson said the discussion tonight has made the applicants aware of the neighbor's concerns so hopefully they will do their best to be considerate. He suggests they be good neighbors and work together. Dobbs asked what the second story would be used for. The applicant stated it would be used for office and storage space. Nicholas Dobbs, 4024 4t' St-He thought a fence was a condition of the original site plan. Is it now? Hogeboom stated there was not a condition for an 8 foot fence in the original plan,just that screening be done by a fence or landscaping. He stated that the only conditions recommended tonight, is that the fence must be repaired or replaced so that it is compliant with property maintenance standards. The applicant has expressed his intent to have a fence there to serve as a sound barrier. Lee asked if another condition could be added to require an 8 foot fence. Hogeboom said it could be added, and they would then be required to obtain a Conditional Use Permit and a building permit. Peterson said he thought that is something for them to consider at a later time when they make a final decision about replacing the fence or to use landscaping, or a combination of both. Fiorendino stated that there are 14 conditions attached to this Site Plan Approval, and it is the Board's job to oversee the changes indicated to make sure they comply with the City's Codes. He explained the Board does not have the legal authority to dictate the use of the site or their business hours (with the exception of the patio area because of the impact to neighbors). He said the 14 conditions that are attached should help deal with most of the issues that have been raised. Little again expressed his desire to require a Completion Bond as an additional condition. The other members didn't feel that was necessary. Public Hearing Closed. Motion by Fiorendino, seconded by Kinney, to waive the reading of Resolution No. 2013-PZ03, there being ample copies available to the public. Roll Call:Fiorendino, Kinney, Lee, & Szurek-ayes and Little-abstained. MOTIONPASSED. Motion by Fiorendino, seconded by Kinney, to adopt Resolution No. 2013-PZ03, being a resolution approving a site plan for a new restaurant located at 4001 University Avenue NE, subject to the 14 conditions as noted. Roll Call:Fiorendino, Kinney, Lee, and Szurek-ayes and Little-abstained. 32 P&Z Minutes December 3, 2013 Page 8 RESOLUTION NO. 2013-PZ03 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW RESTAURANT AT 4001 UNIVERSITY AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA WHEREAS, a proposal (Case#2013-1201)has been submitted by Louie Abuhkader, to the Planning and Zoning Commission 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 new restaurant building located at 4001 University Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on December 3, 2013; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. FURTHER,BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one 1 calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps/plans, drawings and descriptive information submitted with this application shall become part of the permit. 33 P&Z Minutes December 3, 2013 Page 9 2. Any new signage incorporated into the building or site shall meet the requirements of the 40 I Avenue Design Guidelines District, and shall be approved through the Sign Permit process. 3. The memorandum from the Public Works Director/City Engineer, dated November 13, 2013, shall be a component of this approval. 4. The sidewalk and median on the south side of the building shall be changed from a width of 6 feet to a width of 7 feet to better accommodate front vehicle overhang and pedestrian access. 5. The existing payphone and clothing drop box on the southwest side of the site shall be removed prior to the issuance of a Certificate of Occupancy. 6. The location of the future gas meter shall be shown on all future plans. 7. The two proposed parking spaces adjacent to the patio area on the north side of the building shall not be constructed, and shall be removed from future site plans. 8. Future site plans must clarify the driveway location off of the Highway 47 Frontage Road, as well as surface runoff from the east side of the site. 9. The building shall be sprinkled. 10. Parking areas adjacent to residential properties shall be screened with fencing and/or landscaping that is 80% opaque year round. 11. The visual appearance of the trash enclosure shall be consistent with the visual appearance of the building. 12. The fence along the east side yard property line shall be repaired and made compliant with the City's property maintenance standards. 13. The hours of operation of the outdoor patio are restricted from open-9 pm on Sundays through Thursdays and open-10 pm on Fridays and Saturdays. 14. The Public Works Director is requiring a $5,000 Bond or cash deposit for storm water and erosion control. Passed this 3rd day of December, 2013, Offered by: Fiorendino Seconded by: Kinney Chair Ayes: Fiorendino, Lee, Kinney, & Szurek Abstain: Little 34 P&Z Minutes December 3, 2013 Page 10 Secretary Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Louie Abuhkader Date NEW BUSINESS Hogeboom notified members that the meeting scheduled for December 1 lb with the Met Council's Thrive MSP 2040 regarding transit plans for the seven county metro area has been cancelled. He said a meeting will be re-scheduled in the spring so they can review the draft plan with City officials. Hogeboom updated the members on the following: • Mady's is in the process of being demolished. • Maher's(4920 Central Ave)will be coming back to the Board in January for a Site Plan Approval for changes they have planned. • Rainbow Foods will be leaving January 8t'and the owners of the Mall will try to find a new tenant for that space. Szurek brought up a couple issues she wants staff to check into. First, the residents at two tri-plexes in her neighborhood continually park on the street overnight even though there is a parking lot for them to use. She said that the Police Dept. have not ticketed the cars and she said her neighbors are upset with the lack of response or action when they have called. The second issue is regarding complaints she has received about sparking on 43rd Avenue in front of the residences by the customers of the Filfillah Restaurant on 43' and Central. She also wants staff to check on the use of a shed by the business on the residential property behind it to see if it is a legal use. Peterson said there was an agreement for parking made at the time of their original Site Plan approval that their customers were supposed to use the parking lot of the Car Wash for their overflow parking, so they wouldn't park along 43rd Avenue. Staff will have to contact the business to remind them of this. The meeting was adjourned at 8:25 pm. Respectfully submitted, Shelley Hanson Secretary 35 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF AUGUST 5, 2013 IN CONFERENCE ROOM 1 The meeting was called to order at 6:30 pm by Chair Peterson. Members Present: Bruce Nawrocki, Gary Peterson, Donna Schmitt, and Tammera Diehm. Members Absent: Gerry Herringer,Marlaine Szurek, and Bobby Williams Staff Present: Walt Fehst, Scott Clark, and Sheila Cartney. 2. PLEDGE OF ALLEGIANCE- RECITED 3. CONSENT ITEMS 1. Approve the Minutes from June 3, 2013. 2. Approve the Financial Report and Payment of Bills for May and June 2013 on Resolution 2013-10. 3. Removing 4502 Washington Street from Scattered Site—Resolution 2013-11 Questions by Members: 3. Nawrocki questioned why 4502 Washington had to be removed from the TIFDistrict. Clark explained that a TIF District parcel and a non TIF District parcel cannot be combined so we have to remove the TIFparcel from the district in order to combine the lots into one. Motion by Diehm, seconded by Schmitt, to waive the reading of Resolutions 2013-10 and 2013-11, there being an ample amount of copies available to the public. All ayes. MOTION PASSED. Motion by Diehm, seconded by Schmitt, to approve the consent agenda items as presented. All ayes. MOTIONPASSED. 36 EDA Minutes August 5, 2013 Page 2 EDA RESOLUTION 2013-10 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)APPROVING THE FINANCIAL STATEMENT FOR MAY AND JUNE 2013 AND PAYMENT OF BILLS FOR THE MONTHS OF MAY AND JUNE 2013. WHEREAS,the Columbia Heights Economic Development Authority(EDA)is required by Minnesota Statutes Section 469.096, Subd. 9,to prepare a detailed financial statement which shows all receipts and disbursements,their nature,the money on hand,the purposes to which the money on hand is to be applied,the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct,to approve them by resolution and enter the resolution in its records; and WHEREAS,the financial statement for the months of May and June 2013 has been reviewed by the EDA Commission; and WHEREAS,the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS,the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9,including but not limited to Comprehensive Annual Financial Reports,Annual City approved Budgets,Audits and similar documentation; and WHEREAS,financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW,THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history,and they are found to be correct,as to form and content;and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. Passed this 5th day of August 2013 MOTION BY: SECONDED BY: AYES: All ayes President Attest By: Shelley Hanson, Secretary 37 EDA Minutes August 5, 2013 Page 3 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY ANOKA COUNTY,MINNESOTA RESOLUTION NO. 2013-11 RESOLUTION APPROVING THE ELIMINATION OF A PARCEL FROM THE CITY-WIDE SCATTERED SITE HOUSING TAX INCREMENT FINANCING DISTRICT WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT OF THE CITY OF COLUMBIA HEIGHTS. WHEREAS, on October 10,2011, the City of Columbia Heights (the "City") approved creation by the Columbia Heights Economic Development Authority ("EDA") of the City-Wide Scattered Site Housing Tax Increment Financing District (the "TIF District") within its Central Business District Redevelopment Project (the"Project"),by approval of a tax increment financing plan(the"TIF Plan)for the TIF District; and WHEREAS, under Minnesota Statutes, Section 469.176, subd. 4(e), an authority may modify the TIF Plan without the hearings and findings required for creation of a new district, if the only modification is to eliminate a parcel from the district,and the current net tax capacity of the parcel at least equals the original net tax capacity of the parcel; and WHEREAS, the following property, by property identification number, was included in the TIF District: 26-30-24-43-0074 referred to as the"Subject Parcel;"and WHEREAS,the current net tax capacity of the Subject Parcel is $0 (because it is owned by the EDA), and the original net tax capacity of the Subject Parcel is likewise $0 (because it was owned by the EDA at the time the TIF District was filed for certification); and WHEREAS, the City desires by this resolution to amend the TIF Plan to remove the Subject Parcel from the TIF District,thereby reducing the size thereof; and NOW THEREFORE,BE IT RESOLVED by the board of commissioners of the EDA as follows: 1. The TIF Plan for the TIF District is hereby amended to remove the Subject Parcel. 2. EDA staff are authorized and directed to maintain a copy of this resolution with the records for the TIF District, and to send copies of this resolution to the Anoka County Auditor in accordance with Minnesota Statutes, Section 469.175, Subdivision 4, clause (e), and to the Minnesota Commissioner of Revenue and the State Auditor in accordance with Minnesota Statutes, Section 469.175,4a. Passed this 5`"day of August 2013 ATTEST: Gary Peterson, President Shelley Hanson, Secretary 38 EDA Minutes August 5, 2013 Page 4 NEW BUSINESS 4. Consider Sale of 4039 5th Street- Clark explained that this item is continued to the September meeting because the applicant is going to provide more information to the EDA at that time. Schmitt asked if there will still be a commission fee,park dedication and a profit. Clark stated that the real estate team will get their commission as they will be brokering the deal, there is no park dedication and the city will get the profit of the sale. 5. Resolution 2013-12 HRA Levy Budget and Resolution 2013-13 EDA Levy Budget The agenda included the 2014 budget for all of the Community Development Department(EDA and Protective Inspections). Although some of the Department's budget (fund 201) is not controlled by the EDA, the EDA traditionally reviews and acts on this budget as a whole which is in turn, finalized by the City Council. The actual EDA portion of the budget is fund 204 and the attached resolutions serve as a recommendation to the City Council for levying both an EDA and a HRA levy. The Department's operating budget is straightforward due to the size of the department and no on-going capital and/or rolling stock requirements, therefore expenditures (combining fund 201 and 204) shows no increase from 2013 to 2014. This year's budget highlights are as follows: 1) Combined EDA and HRA levy revenue equals $269,000 and is only$3,000 short of projected expenditures. Total revenue exceeds expenditure once the first quarter of Parkview Villa administration fees are added ($9,250). 2) Fund 201 (Protective Inspections which includes building inspections and planning)has a proposed shortfall of$49,084. The difference will be made up by existing fund balances in Fund 201 3) Due to the City Planner position being vacant a re-allocation of time from the two funds were made to personal services. Therefore there will be proportionate decreases and increases in the two funds accordingly. Staff recommends the Levy's as recommended. Questions from members: Nawroki asked what is the actual levy? Clark responded that the EDA Levy is $84,000 and the HRA Levy is $185,000 as shown on the resolutions. Donna questioned how close we are to selling Parkview Villa, and if we do sell where is the$37,000 going to come from? Clark responded that the sale is getting closer and we can add the$37,000 back into the budget if directed and if the sale Happens then the $37,000 will come from fund balance. Nawrocki stated last year the Planner position was eliminated, but only % of the salary was 39 EDA Minutes August 5, 2013 Page 5 reflected in the budget, why isn't there a decrease. Clark explained that there is no decrease or increase in the budget from last year. He put'/ of the Planner's salary in expert and professional services to budgetfor an intern or other help that we need in Community Development, we are hiring an intern at the end of summer and this is part of that budget. Nawrocki stated that we will be getting LGA this year and it should be spread around. Fehst explained that the City Council will discuss LGA at a later date, this is not part of the Levy discussion and we should stay with the S year plan. Motion by Diehm, seconded by Schmitt, to waive the reading of Resolutions 2013-12 and 2013- 13 there being ample copies available to the public. All Ayes. MOTIONPASSED. Motion by Diehm, seconded by Schmitt, to approve Resolution 2013-12, Resolution Authorizing the Levy of a Special Benefit Levy pursuant to Minnesota Statutes, Section 469.033, Subdivision 6 and Approval of a Budget for Fiscal year 2014. Roll Call:Nawrokki:No, Diehm yes, Schmitt yes, Peterson yes. MOTIONPASSED3-1 Motion by Diehm, seconded by Schmitt, to approve Resolution 2013-13, Resolution of the Economic Development Authority (EDA) in and for Columbia Heights Adopting the 2014 budget and setting the EDA Levy. Roll Call:Nawrocki No, Diehm yes, Schmitt yes, Peterson yes. MOTION PASSED 3-1 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO.2013-12 AUTHORIZING THE LEVY OF A SPECIAL BENEFIT LEVY PURSUANT TO MINNESOTA STATUTES, SECTION 469.033,SUBDIVISION 6 AND APPROVAL OF A BUDGET FOR FISCAL YEAR 2014 WHEREAS, pursuant to Minnesota Statutes, Section 469.090 to 469.1081 ("EDA Act") the City of Columbia Heights("City")created the Colwnbia Heights Economic Development Authority(the"EDA");and WHEREAS,pursuant to City Resolution 2001-62 and Ordinance No. 1442, the City Council granted to the EDA all powers and duties of a housing and redevelopment authority under the provisions of Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"), except certain powers that are allocated to the Housing and Redevelopment Authority in and for the City of Columbia Heights(the"HRA");and WHEREAS, Section 469.033, Subdivision 6, of the HRA Act pen-nits the EDA and HRA, together, to levy and collect a special benefit levy of up to .0185 percent of taxable market value in the City upon all taxable real property within the City;and 40 EDA Minutes August 5, 2013 Page 6 WHEREAS,the EDA desires to levy a special benefit levy in the amount of.0185 percent of taxable market value in the City; and WHEREAS, the EDA understands that the HRA does not expect to levy a special benefit tax for fiscal year 2014; and WHEREAS,the EDA has before it for its consideration a copy of a budget for its operations for the fiscal year 2014 and the amount of the levy for collection in fiscal year 2014 shall be based on this budget. NOW,THEREFORE,Be It Resolved by the Board of Commissioners of the Columbia Heights Economic Development Authority: 1. The budget of$272,332 for the operations of the EDA presented for consideration by the Board of Commnissioners of the EDA is hereby in all respects approved. Such budget includes the amount the EDA requests(by separate resolution)to be levied by the City under Minnesota Statutes, Section 469.107,together with the amount to be levied hereunder by the EDA under Minnesota Statutes,Section 469.033,subdivision 6. 2. Staff of the EDA are hereby authorized and directed to file the budget with the City in accordance with Minnesota Statutes,Section 469.033, Subdivision 6. 3. There is hereby levied, subject to the approval of the City Council of the City, a special benefit levy pursuant to Minnesota Statutes, Section 469.033, Subdivision 6,in the amount equal to the lesser of a levy at a rate of.0185 percent of taxable market value in City, or$185,000 with respect to taxes payable in calendar year 2014. 4. Staff of the EDA are hereby authorized and directed to seek the approval by resolution of the City Council of the City of the levy of special benefit taxes in 2014 and to take such other actions as are necessary to levy and certify such levy. Motion by: Second by: Motion passed this 5th day of August 2013 Attest by: Walter R.Fehst,Executive Director Gary L.Peterson,President EDA RESOLUTION 2013- 13 RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR COLUMBIA HEIGHTS (EDA)ADOPTING THE 2014 BUDGET AND SETTING THE EDA LEVY. BE IT RESOLVED By the Columbia Heights Economic Development Authority(EDA) of Columbia Heights, Minnesota as follows: WHEREAS, the Columbia Heights City Council established the Columbia Heights Economic Development Authority January 8, 1996 pursuant to Minnesota Statutes 469.090 to 469.1081; and WHEREAS, the City Council has given to the EDA the responsibility for all development and redevelopment projects and programs; and EDA Minutes Page 7 41 EDA Minutes August 5, 2013 Page 7 August 5,2013 WHEREAS, the EDA is authorized under State Statutes, Section 469.107 to levy a tax on its area of operation for the purposes authorized under State Statues 469.090 to 469.108 1,subject to consent by the City Council. NOW, THEREFORE BE IT RESOLVED BY THE EDA FOR THE CITY OF COLUMBIA HEIGHTS,MINNESOTA THAT: 1. The EDA adopts and recommends to the City Council for approval a budget of $272,332 for year 2014. 2. The EDA adopts and recommends to the City Council for approval a levy of$84,000 for year 2014. The Executive Director is instructed to transmit a copy of this resolution to the City Manager and Finance Director/City Clerk of the City of Columbia Heights,Minnesota. APPROVED THIS 5th day of August 2013 MOTION BY: SECONDED BY: Attest by: Walter R. Fehst,Executive Director Gary L. Peterson,President 6. EDA Retreat The purpose of this item is to seek the interest of the EDA and/or the City Council to initiate a formal retreat centering on Community Development activities. The last retreat was held in August of 2010 and the goals and specific work plan items were included in the agenda. Staff identified the status and results within the same document. Staff views that the importance of another workshop is based both on the changing needs of the community, and for staff to better understand the collective expectations of the Board relevant to future actions,prioritizing resources and the like. Based on this,the EDA/Council should discuss the following: 1) Does the EDA/Council view that a workshop has value? 2) If this is centered on community development related activities, should the workshop be conducted through the EDA or the Council? 3) Should the City hire a formal workshop coordinator? 4) When should this event be held? 5) Are there any specific items or issues that the EDA/Council views are critical for discussion? If the City proceeds with this item, staff strongly recommends an outside agent be hired to formally conduct the process. Staff is of the opinion that by having a formal coordinator both.a better result and a more orderly meeting will be achieved. A budget of$2,500 should cover the costs associated with this 42 EDA Minutes August 5, 2013 Page 8 action. Staff also is recommending that an October date (possibly the third Monday in October)would give all parties time to plan this event. Staff seeks direction from the EDA regarding this item. Questions/Comments from Members: Schmitt recommends having an outside facilitator. Peterson agreed this is a good idea and will provide staff with more direction. Schmitt questioned if the library would be part of this discussion. Walt said that he hoped a decision would be made on the library before this retreat. The retreat will be in January 2014. 7. Parameters for 4303 Reservoir Blvd. Continued to September meeting. 8. Administrative Report Clark gave an update on the Mady's demo project. He announced that a purchase agreement for the sale of scattered site lot 4448 Quincy came in and discussed the idea of a business seminar that community development is going to put on in November with the Chamber.Diehm mentioned there is a group "LegalCore"of attorneys that provide drop in seminars she will get more information before the event. Nawrocki mentioned the window signage at Savers. Clark explained that a citation was issued and they are in court over the violation. The next regular EDA meeting will be Tuesday, September 3, 2013 at City Hall at 6:30 pm. The meeting was adjourned at 7:20 pm. Respectfully submitted, Sheila Cartney, Assistant Community Development Director 43 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 9,2013 IN CONFERENCE ROOM 1 The meeting was called to order at 6:45 pm by Chair Peterson. Members Present: Bruce Nawrocki, Gary Peterson, Donna Schmitt, Tammera Diehm, Bobby Williams, and Marlaine Szurek. Members Excused: Gerry Herringer Staff Present: Walt Fehst and Scott Clark. 2. PLEDGE OF ALLEGIANCE- RECITED NEW BUSINESS 1. Review Plans for 4303 Reservoir Blvd. In May the EDA entered into listing agreements with Remax Synergy to list the Scattered Site lots and a Purchase and Redevelopment Agreement with Timbercraft Homes to build on the lots. Timbercraft Homes provided two model homes that were approved for development of the Scattered Site lots with the exception of 4303 Reservoir Blvd.,the plans for this lot needs to be separately approved by the EDA. As proposed the house is a one level with a full unfinished basement. The finished area is 1,813 square feet with two bedrooms and two bathrooms, the basement has a bathroom and two bedrooms planned, this house has a potential of 3,626 square feet of finished area. The builder has indicated that the appraised value of this house is $260,000, after a quick survey of the surrounding area the next highest house value is $167,500.00. Staff recommends approval of the plan. (Questions/Comments from members: There was a general discussion regarding the plan presented. Members questioned the orientation of the house on the lot. Clark stated the house will face Reservoir Blvd. as the owners wish to maximize the lot for a private rear yard area. Szurek stated she didn't particularly like the garage location, but otherwise thought it would be an acceptable plan for the lot. Motion by Nawrocki, seconded by Williams, to approve the plan dated September 5, 2013 for the development of 4303 Reservoir Blvd. All ayes. MOTIONPASSED. 44 EDA Minutes September 9, 2013 The next regular meeting will be Monday, October 7, 2013, at City Hall at 6:30 pm. The meeting was adjourned at 7:00 pm. Respectfully submitted, Scott Clark Community Development Director 45 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting o£ December 9, 2013 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Establish 2014 meeting BY: Tori Leonhardt BY: dates DATE: December 3, 2013 DATE: NO: Background: In the past City Council Work Session and City Council Regular Meeting dates have been established for the upcoming year. Discussion: Work session meetings are scheduled for the first Monday of the month. In 2014,the Monday, September lst(Labor Day), work session will be changed to the following day, September 2"d (Tuesday) at the Council's request. The regular City Council meetings for Monday,May 26th(Memorial Day) and Monday, November 10th, (Veterans Day)will be moved to the following day May 27th and November 11 t'' (Tuesdays) at the Council's request. We will wait to hear from Anoka County on possible dates for the Board of Review. The last City Council meeting in December(which is on December 22t')has been canceled for the last several years and will be recommended to do the same at the first Council meeting in December of 2014. These suggestions were applied to the calendar and are attached. Recommended Motion: Move to accept the 2014 Council meeting/Work Session calendar as proposed. COUNCIL ACTION: 46 Q A CG F� d Q A ai La, r� � F o0 a� � � d N ° ti w v w � � x 00 N G1 N N V to 0 0 O Q N y A o C 0 o U . o °o °o W x o 0 .M-i n N N n cnQ A z d A RG A E•' d N -� oo -r N d Q �r �i G=, r� 0 A c� a M o t� U � N A U N w N 01 �C V1 •--� .--� N �i U � Q Q A U W � O Q p by p bA W 3 U cn d A z �D M F- ' --- - -----'-r --- --' T--- ----�- - --' '- -' � | 00 kn � I d A Q ! zn -- f d ! A w ' j ^� N O Q t t i A LO 0 WJ � N w I N 01 r M 3 � •r--I � j � i � ! I d I O � A t ! w 1 o � I c Q too 0 t I 0 0 0 ( o � M O O Do O r I d A a Q Q A w r� 0 A rA kn a 00 ^- N N Q N z LC) N � w l� N N U Q A U W o � U 5 U N N r- 0 W � U .° o O Q A z a 00 kri - N �r .. 0 a � I I i � ! N N ' rq A V •.� N W ` � � z f ,-. N ' � , w 3 s � .� ; o •� i Q ( N p I 00 f N ! N d A C4 E� d N 01 \O d A_ f6 0 Lr, r� A � ct W M � d A •� N W In � W OM r� V � e > U � � o r N a 00 •--� N N 0 0 0 0 M O N N [� d A z t ' Q � C4 j A I i t j f i ke) N 00 CIA ct A i i + LO N own z � t U P4 i •� � � � � N a I � I N ! t o 1 � W / ! U •y I V •Y ! M m o ! O N f 00 c p N j ! 1i I d A c4 E� d M O l- �O N N d A H �i W d A �i V) a .- 00 kn Tar c°v A w LO LO � � w 3 M U bA U w q o w3 U N \O N O \ d o o «j o to U U 5 x o o 00 l� N n N d A z l� •--+ N N d Vj N i j F � 04 I i N cn i x ! U N c `D ct ! rl N V1 Cfl LO�..{ i 00 r--1�-i i � N A ' ' 3 o i h ( i Q ' ¢ x o b r. o I N N Q A c4 F- Q N O, Q A >, C4 '1: � o V V Q cq 9z CA A CY, O � A > W z 3 kn N V G ,o O U � � U W W p by O � C� 00 N U � O 7+ 'v Q � � A b p b/1 0 oc x o0 � Q A z CIO N O� •--� N m d A C4 F d �D N N d A r.i GTr N O� �O r� A ai O 7 — N x � d OD w LO N � A A o M N M r� .1� V � Q � A U w •r� �D M O N M v O ' N O Q O O to O bA OM. O (=> 4) N O Q� tn N l�-: N Q , A z 00 l� N N CITY COUNCIL LETTER Meeting of: December 9, 2013 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: RESOLUTION 2013-114, 2013-2014 LELS BY: LINDA L. MAGEE BY: LABOR AGREEMENT-SERGEANTS DATE: 12-4-13 DATE: NO: The current labor agreement between the City and Law Enforcement Labor Services, Local 342, representing Police Sergeants, terminated on December 31, 2012. Negotiations between the City's negotiating team and LELS resulted in LELS filing for mediation. Mediation was held and resulted in a mutually acceptable labor agreement for calendar years 2013 and 2014. The proposed changes are as follows: Wages: 2013: 2% adjustment over 2012 wages, effective May 1, 2013; 1 adjustment effective December 1, 2013 2014: 2`,, adjustment effective January 1, 2014; 2% adjustment effective July 1, 2014 Insurance• 2013: $835 per month (2012 = $805 per month) 2014: $865 per month Deferred Compensation: Employer shall contribute $1 for every $1 contributed by the employee; $425 per full-time employee for 2013; $425 per full-time employee for 2014 . (2012 = $425) Holidays Effective January 1, 2014, addition of three premium holidays (currently nine premium holidays) . Overtime: Effective January 1, 2014, receive time and one-half to attend training and/or department meetings scheduled during off-duty hours (currently department meetings paid at time and one- half; training paid at straight time) . Court Time Effective January 1, 2014, an employee who is required to appear in court during his/her scheduled off-duty time shall receive time and one-half (1 1-r.) for all hours spent making the Court appearance with a minimum of three (3) hours pay at one and one-half times (1 12) the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the three (3) hour minimum. (Currently: Two hour minimum at time and one-half. ) Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 2013 and 2014 . Also attached is a copy of the new contract language incorporating the changes. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2013-114, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 342, for calendar years 2013 and 2014. COUNCIL ACTION: 59 RESOLUTION 2013-114 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES,LOCAL 342,POLICE SERGEANTS WHEREAS, negotiations have proceeded between Law Enforcement Labor Services (LELS), Local 342,representing Police Sergeants of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2013 and 2014. WHEREAS, changes to the current contract are attached, and a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2013 and 2014 for LELS, Local 342-Police Sergeants, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 9 thday of December, 2013. Offered by: Seconded by: Roll Call: Ayes: Mayor Gary L. Peterson Tori Leonhardt Council Secretary/City Clerk 60 December 3, 2013 CITY OF COLUMBIA HEIGHTS PROPOSAL TO LAW ENFORCEMENT LABOR SERVICES (LOCAL 342) POLICE SERGEANTS 1. ARTICLE XI INSURANCE 11.1 The EMPLOYER will contribute up to a maximum of eight hundred and thirty-five dollars($835)per month per(permanent and probationary full-time) employee for group health and group dental, including dependent coverage, life, and long-term disability insurance for calendar year 2013. 11.2 The EMPLOYER will contribute up to a maximum of eight hundred and sixty-five dollars($865)per month per(permanent and probationary full-time) employee for group health and group dental, including dependent coverage, life, and long-term disability insurance for calendar year 2014. 11.3 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, and group dental insurance. 11.4 Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. 2. ARTICLE XIV HOLIDAYS In lieu of holidays, employees shall be paid twelve(12) eight-hour days per year. Employees required to work on any of the following nine holidays: New Year's Day,Presidents' Day, Easter, Memorial Day,Fourth of July, Labor Day, Thanksgiving Day, Christmas Eve Day, and Christmas Day shall receive an additional one-half time for each hour they work on a holiday. Effective January 1, 2014, in lieu of holidays, employees shall be paid(12) eight-hour days per year. Employees required to work on any of the following twelve holidays: New Year's Day, Martin Luther King Day, Presidents' Day, Easter, Memorial Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day, Day After Thanksgiving, Christmas Eve Day, and Christmas Day shall receive an additional one-half time for each hour they work on a holiday. 3. ARTICLE XIX WAGE RATES 19.1 Effective May 1, 2013: Effective December 1, 2013: Entry: $6,524 per month Entry: $6,589 per month After 1 year: $6,726 per month After 1 year: $6,793 per month 19.2 Effective January 1, 2014: Effective July 1,2014: Entry: $6,721 per month Entry: $6,856 per month After 1 year: $6,929 per month After 1 year: $7,068 per month 61 December 3, 2013 19.3 As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward a city-sponsored deferred compensation program for every$1 contributed by such employee toward such city-sponsored deferred compen- sation program. Such employer contribution will not exceed$425 for calendar year 2013, and$425 for calendar year 2014. 4. ARTICLE XXI OVERTIME 21.7 Training shall be paid at straight time. Department meetings shall be paid as follows: Designated training portion: Straight time Designated Department Meeting portion: One and one-half times the employee's regular base rate Department meetings do not qualify for the two hour minimum under Article XX. Effective January 1, 2014, training and/or department meetings scheduled during an employee's scheduled off-duty hours shall be paid at one and one-half(1 %2) times the employee's regular base pay rate. A change to an employee's scheduled shift to attend trainings and/or department meetings does not qualify an employee for time and one-half. 5. ARTICLE XXII COURT TIME An employee who is required to appear in Court during his/her scheduled off-duty time shall receive time and one-half(1 ''/z) for all hours spent making the Court appearance with a minimum of two (2) hours pay at one and one-half times (l ''/2)the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2)hour minimum. Effective January 1, 2014, an employee who is required to appear in court during his/her scheduled off-duty time shall receive time and one-half(1 'h) for all hours spent making the Court appearance with a minimum of three(3)hours pay at one and one-half times (1 ''/2)the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the three (3) hour minimum.. For Anoka County Attorney's Office cases, when a Police Sergeant is off duty and has been notified that his or her testimony may be necessary,the Police Sergeant shall receive two hours of standby compensation at straight time(to be paid or taken as compensatory time at the Sergeant's election) for each day that he or she is to continue calling for instructions. Maximum accumulation of compensatory time,however earned, cannot exceed 36 hours. 6. ARTICLE XXV DURATION This AGREEMENT shall be effective as of January 1, 2013, except as otherwise noted, and shall remain in full force and effect until the thirty-first day of December, 2014. 62 CITY COUNCIL LETTER Meeting of December 9, 2013 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Authorize School Liaison Officer BY: Scott Nadeau :5� BY: NO. Contract with CH School District DATE: November 26, 2013 DATE: for 2014 BACKGROUND In 1992, the City of Columbia Heights and School District #13 entered into a Joint Powers agreement to fund a School Liaison Services program. This contract has been renewed each year since then. The Program continues to provide benefits to the School District and the Police Department and is an important part of our police/youth initiative. The School District shares expenses with the Police Department during the school year at the rate of one half of 9/12ths of the cost of providing the officer at the high school and middle school. The School District's share for calendar year 2014, which includes wage, fringe and miscellaneous costs, is $41,562.38 each for the high school and middle school officer, totaling $83,124.76. This represents a two percent increase over the 2013 figures. ANALYSIS/CONCLUSION In September, Officer Erik Hanson started his second full year as the High School Liaison Officer. Officer Danielle Pregler started her sixth year at the Middle School (now Columbia Academy) this fall. In their role as Liaison Officers, they develop contacts with the students and staff at the schools that are invaluable in our investigation of juvenile crime. They are also excellent role models to students, and their interaction at the schools is an important link between law enforcement and the educational system. Connecting with community partners such as the School District to focus on youth issues is part of the department's Strategic Plan. RECOMMENDED MOTION Move 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 through December 31, 2014. COUNCIL ACTION: 63 SCHOOL LIAISON OFFICER PROGRAM January 1 through December 31, 2014 Columbia Heights Police Department and Columbia Heights Public Schools Prepared and Submitted by: Chief Scott Nadeau November 26, 2013 64 TABLE OF CONTENTS Subject Page Mission, Goals and Primary Responsibilities of the SchoolLiaison Officer...............................................................................................3 Objectives of the School Liaison Officer Position ..............................................................4 Position Description - School Liaison Officer Position: Accountability and Education Requirements.............................................................6 Position Description - School Liaison Officer Position: Qualifications.............................................................................................................7 Major Areas of Accountability for the School Liaison Officer Position.................................................................................9 Guidelines for School Liaison Officer Position.................................................................11 Joint Powers Agreement............................................................................................ Cost Factor Breakdown: High School Liaison for 2014....................................................15 Cost Factor Breakdown: Middle School Liaison for 2014................................................16 65 MISSION,GOALS AND PRIMARY RESPONSIBILITIES OF THE SCHOOL LIAISON OFFICER Mission Statement: The School Liaison Officer is placed in the school environment to identify, correct, and prevent delinquent behaviors and activities, and to create a positive relationship between youth,police, and other authority figures. Goals: To work with and through school administrators, counselors,teachers, and students to develop a better understanding and a more positive attitude among students as to the role of a police officer. To work in liaison with school officials to provide, as much as possible, a safe and crime- free environment for students and staff. To act as a law enforcement consultant and educator to Columbia Heights School District #13 schools located in Columbia Heights and Hilltop. To administer the D.A.R.E. (Drug Abuse Resistance Education)program in Columbia Heights Public Schools. Primary Responsibilities: The School Liaison Officer shall function as a law enforcement officer within the school environment and under the direction of the Columbia Heights Police Department investigative supervisor. The School Liaison Officer shall act as a resource for students, teachers, counselors, school administrators and parents. The School Liaison Officer shall remain conscious that the primary responsibility is that of a law enforcement officer. The School Liaison Officer plans and coordinates all functions of investigations relating to juveniles and children, in both criminal and non-criminal matters to effectively solve criminal cases and build a basis for successful prosecution when warranted and/or make all appropriate dispositions of non-criminal matters. The School Liaison Officer also develops and presents investigative reports to the County Attorney and/or City Prosecuting Attorney for complaints and coordinates with other juvenile referral agencies to appropriately handle juvenile criminal and non-criminal acts that have come to the attention of the Department. NO THE OBJECTIVES OF THE SCHOOL LIAISON OFFICER POSITION ARE: Objective#1: To provide a formal process or rationale to: a. Enhance the general safety to students and faculty staff in and around public schools. b. Monitor and/or prevent juvenile gang activity and provide intelligence. c. Reduce the use of uniform officer intervention at school sites for response to school related service demands. d. Maintain community contact for: parents, students, neighborhoods, community organizations (PTA and other service providers) e, Handle incidents such as minor assaults, thefts, and threats as they occur in the officer's assigned schools. Indicator#1: Lack of formal or informal complaints or concerns, either written or verbal. Receipt of letters, phone calls or personal verbal contacts regarding individual or program successes, Objective#2: To provide the following services to Columbia Heights School District#13 schools located in Columbia Heights and Hilltop: a. To coordinate and directly provide for, in appropriate circumstances, the general safety of students and staff. b. To monitor gang activity throughout school property and respond appropriately to non-school related intelligence regarding gang activity. c. To reduce the number of calls responded to by uniform officers at school sites. Pager Indicator#2: Maintain adequate knowledge through review of daily reports, keeping abreast of the above current problems and disseminating information to Investigations and Patrol. Objective#3: Complete all investigations assigned or generated in the field to their proper conclusion. Indicator#3: Pass Liaison supervisor's review of completed cases. One hundred percent of cases must pass this review. Objective#4: Improvement and continual update of Liaison Program. Indicator#4: Yearly evaluations to be prepared by School Officials, Police Department and Liaison Officer for annual review and evaluation. Pam 5 POSITION DESCRIPTION- SCHOOL LIAISON OFFICER ACCOUNTABILITY AND EDUCATION REQUIREMENTS The School Liaison Officer is a member of the department below the rank of Sergeant. Officer may be assigned from the rank of police officer to serve as School Liaison Officer. Officers who desire to serve in this assignment may submit their requests in writing to the Police Captain, Officers serving in the assignment may be removed at the discretion of the Chief of Police. The appointed School Liaison Officer may vacate this position with thirty days written notice to the Chief of Police. While serving in this assignment, officers shall receive a pay differential in accordance with the labor agreement in effect at the time of the assignment. Accountable to: The School Liaison Officer reports to and is directly accountable to the Chief of Police or his designee. .Education and Training Requirements: POST licensed, supplemented by course work in investigative techniques, interview and interrogation techniques and crime scene processing techniques. Pagg 6 POSITION DESCRIPTION- SCHOOL LIAISON OFFICER QUALIFICATIONS 1. Considerable knowledge of the principles of modern investigation techniques. 2. Thorough knowledge of scientific methods of crime detection and criminal identification. 3. Thorough knowledge of federal, state and local laws and ordinances that are enforced by the department. 4. The ability to communicate effectively both orally and in writing. 5. The ability to analyze complex criminal transactions and trends and to use information obtained to successfully charge criminal offenders. 6. The ability to develop informants. 7. The ability to independently manage a number of investigations at any one time. 8. The ability to manage time effectively. 9. The ability to speak effectively in public. 10. The ability to work effectively with juveniles. 11, The ability to gain cooperation, support, and assistance of the area church organiza- tions, County Welfare, County Court Services, Juvenile Court, County and City law enforcement, and other agencies in the community. 12. To meet as needed with members of the personnel team and police department representatives to discuss individual student and student body problems that affect school or police department objectives. 13. The ability to provide educational materials and lectures for the students, the school staff and the community on juvenile problems and problem areas, available assistance services for the students and their parents, and other topics deemed important. 14. The ability to assist in the classroom in the teaching of physical,mental and social effects of alcohol and narcotic use and abuse. 15. The ability to train the school staff in matters of school security, symptoms of drug abuse, etc. 16. The ability to identify and take proactive steps to prevent activities that lead or could lead to delinquent behavior and/or activities. Pa#b 7 17. The ability to establish a favorable rapport with students as a means for preventing delinquent behavior and activities. 18. The ability to maintain the police image. The School Liaison Officer is responsible for the enforcement of city and state law,but whose treatment is fair and recognizes he/she is working in a juvenile environment. The School Liaison Officer must assure the students and the staff that he/she is not in the school to create a police state,he/she is there to assist the administrative staff and students. 19. The ability to promote informal contacts between the students and the police,to increase communication and understanding between the two. 20. The ability to meet all other requirements and performance criteria defined for patrol officer position. 21. The ability to serve as a resource person for law enforcement and juvenile court procedures. The officer will he in a position with the school to develop a better understanding and have additional pertinent information for juvenile court determinations. 22. The School Liaison Officer is often in a favorable position to work on many creative programs and can work with juvenile group leaders trying to interest them in constructive activities of a recreational or social nature. Pam 8 MAJOR AREAS OF ACCOUNTABILITY OF THE SCHOOL LIAISON OFFICER POSITION I. To attend school staff meetings as a resource person in developing and adopting procedures that will contribute to the prevention of juvenile delinquency. 2. To communicate and cooperate with county welfare officers, probation personnel, and other members of the professional community when appropriate. 3. To assist school staff members in understanding the Anoka County Juvenile Court System, law enforcement ramifications, and the technique of court referrals when necessary. 4. To be a part of the total team effort to provide role models and prevent undesirable behavior patterns from developing. Endeavor to build and maintain rapport between youth, school, and police by day-to-day contact as a resource person. 5. To become involved in school and outside youth activities in order to understand special problems of youth and how they may be positively addressed. Participate in community affairs as requested or assigned, and be available for lectures to school and community groups. b. To facilitate education programs for students; i.e., acts as a resource person in the continuing development of drug education, etc. 7. To assist and advise in security matters regarding school buildings and properties that are normally supervised by school staff members upon request of appropriate school official(s). 8. To maintain individual police skills, including physical conditioning. Stay abreast of developments in the crime prevention and youth relations fields and changes in related laws and ordinances. 9. To prepare and submit necessary case files regarding cases assigned or investigated. 10. To work under the direction of the investigative supervisor and will accept input from appropriate school administrative personnel. 11. Investigates reported crimes, both in and out of the school environment, for the purpose of collecting evidence and identifying, locating, questioning witnesses and suspects, and making legal arrests as justified by the facts developed. 12. Obtains and processes physical evidence. Handles or arranges for the processing of a crime scene including measurements, fingerprints,photos and drawings, etc. N2 9 13. Ensures proper development of cases for prosecution, builds an accurate and complete case file through reports of actions and findings. Coordinates the disposition of all juvenile matters to provide for unified approach. 14. Ensures proper disposition of cases for prosecution, builds an accurate and complete case file through reports of actions and findings. Coordinates the disposition of all juvenile matters to provide for a unified approach. 15. Ensures proper disposition of all assigned cases, meets with the Investigative Supervisor regularly to review the status of all cases and determines whether to pursue,delay or close the matter. 16. Confers with parents, other members of the Criminal Justice System, and those private and public agencies within the community which are involved in the case, counseling or treatment of juveniles, children or family units, in the disposition of matters involving juveniles and/or children. 17. Preparation and presentation of appropriate material to students of elementary, junior and senior high schools. Pagyl 0 GUIDELINES FOR THE SCHOOL LIAISON OFFICER POSITION 1. Work week will be based on a 40-hour week. 2. Work hours will be proximate to the school day. 3. Will be assigned a department vehicle while on-duty. 4, Time commitment is appropriately divided in each of the following categories: a. In-school activity at high school or middle school b. Case investigation,training, and meetings as scheduled c. D.A.R.E. d. Elementary schools 5. Primarily reports to the Investigative Supervisor. Secondary supervisor is the on- duty police supervisor. 6. Must report to a supervisor daily,but is authorized to report immediately to the school each day if approved. 7. Must be prepared to perform all police functions, as the officer is subject to immediate call-out for other activities,but must be discreet in the visibility of police equipment. S. Will be assigned a cellular phone, and the phone must be operational during all hours when on duty. 9. Break time will be as defined in the union agreement. 10. Will be assigned desk space at the Police Department and will be provided appropriate office space and supplies by the schools. 11. Must dress in a manner that is acceptable to school administrators and with the approval of the Chief of Police. 12. The officer is at all times under police supervision,but is expected to work closely with school administrators and staff. The objective is to solve problems, assist school staff, and to assist students. 13. Will keep a log and prepare appropriate reports to the Chief of Police or his designee. Page 11 74 JOINT POWERS AGREEMENT This Joint Powers Agreement dated this day of is made pursuant to M.S. 471.59 by and between the City of Columbia Heights (City) and Columbia Heights Public Schools(School District). 1. Purpose: The purpose of this agreement is to create, fund, and implement the positions of Police School Liaison Officer. 2. Duties and Responsibilities: The job description for the School Liaison Officer is attached. 3. Selection Process: From applications of qualified applicants for the position of School Liaison Officer, one or more candidates will be selected by a selection board made up of School District#13 personnel and appointed Police Department personnel. Oral interviews are to be administered by the same selection board. The final appointment of the School Liaison Officers are at the discretion of the Chief of Police. The School Liaison Officer may be removed from the position at the discretion of the Chief of Police. 4. Funding: The School District and City will share the following expenses equally during the school year, except in no event may the School District's share of the expenses exceed 1/2 of 9/12 of the total officer compensation and benefit package for the High School Liaison Officer and the Middle School Liaison Officer. A. Officer's Salary B. Position Grade Enhancement C. Holiday Pay D. F.I.C.A. E. Workers Compensation F. P.E.R.A. G. Hospitalization H. Training and Equipment 1. Vehicle-related Costs The cost breakdowns for the period of January 1,2014 through December 31,2014 are attached. Page 12 75 5. Billing: The City shall submit a bill to the School District,which will be paid within thirty days of receipt. 6. Term: This agreement shall commence on January 1, 2414, and shall end on December 31, 2014. 7. General Provisions: The Police School Liaison Officer is a city employee and shall not be considered an employee of the School District for any purpose, including but not limited to salaries, wages, other compensation or fringe benefits, Workers Compensation, Unemployment Compensation, P.E.R.A., Social Security, liability insurance, keeping of personnel records,termination of employment, individual contracts or other contractual rights. The officer will report to and be directed by the Investigative Supervisor,but will consult regularly with the School District officials. The officer will have office space and phone at the assigned school without cost to the City. 8. Indemnification by city: The School Liaison Officer is a city employee. The City shall indemnify, hold harmless, and defend the School District, its elected officials and employees against any and all liability, loss, costs, damages, expenses, claims or actions which the School District, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the City, its agents or employees, in the execution, performance, or failure to adequately perform the City's obligations pursuant to this agreement. 9. Indemnification by School District: The School District shall indemnify, hold harmless, and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or action which the city, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the School District, its agents or employees, in the execution, performance or failure to adequately perform the School District's obligations pursuant to this agreement. 10. Termination of Agreement: Ninety day written notice by either School District or City is required to terminate the program. The Liaison Officer can be removed at any time following the written notification of termination of the program. 11. Temporary Reassignment. Temporary reassignment of the Liaison Officer is at the discretion of the Chief of Police not to exceed thirty consecutive days, contract to be renegotiated after thirty days. Page 13 76 12. The resolution of unforeseen problems arising in this program shall be negotiated by representatives appointed by the School District and the Chief of Police. In witness whereof, the parties have executed this agreement the day and year first written above. City of Columbia Heights Columbia Heights Public Schools Gary L. Peterson Kathy Kelly Mayor Superintendent of Schools Scott Nadeau Scott Bardell Chief of Police School Board Chair Page 14 77 COST FACTOR BREAKDOWN HIGH SCHOOL LIAISON OFFICER PROGRAM 2014 Base Wage—High School Liaison Officer: Patrol Top Wage $5,877.00/month $ 70,524.00/year Liaison Officer Premium $ 160.00/month $ 1,920.00/year Longevity(4 year rate) $ 164.51/month $ 1,974.12/year Holiday pay $ 3,865.00/year Deferred Compensation $ 425.00/year Overtime Allocation $ 3,688.00/Year Total Base Wage $ 82,396.12/year Compensation and Fringe: F.I.C.A. (1.45%) $ 1,194.74/year Workers Comp (3.22%) $ 2,653.16/year P.E.R.A. (14.40%) $ 11.865.04/year Hospitalization ($835/month) $ 10,020.00/year Total Fringe Benefit Costs $ 25,732.94/year Miscellaneous Costs: Training and equipment allowance $ 1,664.00/year Vehicle related expense $ 1,040.00/year Total Miscellaneous Costs $ 2,704.00/year Total Yearly Costs $110,833.00/year To compute monthly total: $110,833.00 divided by 12 months=$ 9,236.08 To compute school year total: $ 9,236.08 X 9 months (school year)=$83,124.75 To compute School District cost: '/2 of 9/12 funding formula=$41,562.38 Total Cost to Columbia Heights Public Schools For High School Of,ficer for 2014: $41,5'62.38 Page 15 78 COST FACTOR BREAKDOWN MIDDLE SCHOOL LIAISON OFFICER PROGRAM 2014 Base Wage—Middle School Liaison Officer: Patrol Top Wage $5,877.00/month $ 70,524.00/year Liaison Officer Premium $ 160.00/month $ 1,920.00/year Longevity(4 year rate) $ 164.51/month $ 1,974.12/year Holiday pay $ 3,865.00/year Deferred Compensation $ 425.00/year Overtime Allocation $ 3,688.00/year Total Base Wage $ 82,396.12/year Compensation and Fringe: F.I.C.A. (1.45%) $ 1,194.74/year Workers Camp (3.22%) . $ 2,653.16/year P.E.R.A. (14.40%) $ 11.865.04/year Hospitalization ($835/month) $ 10,020.00/year Total Fringe Benefit Costs $ 25,732.94/year Miscellaneous Costs: Training and equipment allowance $ 1,664.00/year Vehicle related expense $ 1 040.00/year Total Miscellaneous Costs $ 2,704.00/year Total Yearly Costs $110,833.00/year To compute monthly total: $110,833.00 divided by 12 months=$ 9,236.08 To compute school year total: $ 9,236.08 X 9 months(school year)= $83,124.75 To compute School District cost: %z of 9/12 funding formula= $41,562.38 Total Cost to Columbia Heights Public Schools For Middle School Officer for 2014: $41,562.38 Page 16 79 COLUMBIA HEIGHTS - CITY COUNCIL LETTER AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: Meeting date: No. Fire ITEM: Resolution Adopting Compensation Rates For BY: Gait' Gorman Paid-on-Call Firefighters DATE: December 9, 2013 No: Paid-on-Call Firefighters (Volunteer) are compensated for the various tasks that they perform. These tasks include station duty, outside activities, training, and emergency medical and fire calls. Firefighters also have a long list of mandatory certifications and training that has been imposed by the State of Minnesota, State and Federal OSHA,National Fire Protection Association, and FEMA. The recruitment and retention of firefighters is very difficult for all communities but especially in Columbia Heights. Getting qualified applicants that live within our response area and can pass our hiring process has been difficult. With the increased amount of training, certifications, and hours needed to be a firefighter it is becoming more difficult for citizens to give up that much time away from their other priorities and their families. The area is also seeing young firefighters moving around to different fire departments for set hours, higher wages,better pensions, and more opportunity. Competitive wages may help alleviate some of this movement. The last wage adjustment was January 1, 2008. A wage adjustment was made for the entry level rate only in 2009 due to a change in the Federal minimum wage rate. Other than the entry level rate, which is unchanged,the proposed firefighter wages were adjusted by the same percentages that were granted to full time and part time employees since 2009. RECOMMENDED MOTION: Move to waive the reading of Resolution No.2013-113, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2013-113, being a Resolution establishing various compensation rates for the Columbia Heights Fire Department Paid-on-Call division effective January 1, 2014. COUNCIL ACTION: 80 RESOLUTION NO. 2013-113 BEING A RESOLUTION ESTABLISHING VARIOUS COMPENSATION RATES FOR THE COLUMBIA HEIGHTS FIRE DEPARTMENT PAID-ON-CALL DIVISION LEVEL STATION DUTY & DRILLS FIRE CALLS Appointment to Paid-on-Call Division(possession of, or $7.25 $7.25 attainment of EMT license Attainment of Firefighter I & II certification and completion of in- $9.52 $11.21 house training Completion of one year $11.20 $14.39 probationary period Fire Motor Operator differential $1.50 $1.50 Lieutenant differential $2.00 $2.00 Adjustments effective January 1, 2014 Passed this 9th day of December, 2013, in the City of Columbia Heights. Offered by: Seconded by: Roll call: Ayes: Nays: Mayor Gary L. Peterson Attest: Ton Leonhardt, City Clerk/Council Secretary 81 CITY COUNCIL LETTER Meeting of December 9, 2013 AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: CITY Fire MANAGER No. APPROVAL ITEM: Adoption of Anoka County Hazardous Mitigation Plan BY: Gary Gorman BY: No: DATE: December 9, 2013 DATE: Background: Back in April of 2007, through Resolution 2007-44 the Columbia Heights City Council adopted the Anoka County Multi-Jurisdictional Hazard Mitigation Plan. The State of Minnesota mandated that all Counties and municipalities have a hazard mitigation plan to maintain eligibility for State disaster assistance. Anoka County joined with all of the municipalities to write one plan that was adopted by all. Every five years the plan needs to be updated. In June of 2011, through Resolution 2011-44 the City Council approved its continued participation in the County wide plan through this updating process. The process has been completed and the plan has received formal approval from the Minnesota Department of Homeland Security and Emergency Management and from FEMA. The final part of the approval process is the official adoption by all of the participants. Resolution 2013-111 formally adopts the plan by the City of Columbia Heights. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2013-111, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2013-111, adopting the Anoka County Multi-Jurisdictional Hazard Mitigation Plan. COUNCIL ACTION: 82 RESOLUTION 2013-111 RESOLUTION TO ADOPT THE ANOKA COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN WHEREAS,the State of Minnesota has ordained that every county and incorporated municipality in the state is required to have a Hazard Mitigation Plan approved by the Minnesota Department of Homeland Security and Emergency Management,to maintain eligibility for state disaster assistance after November 2004; and WHEREAS,the Federal Emergency Management Administration(FEMA)under the Disaster Mitigation Act of 2000 has ordained that every county and incorporated municipality within the county is required to have a Hazard Mitigation Plan approved by FEMA in order to be eligible for Hazard Mitigation Grant Program Funding for Presidential disasters declared after November 2004; and WHEREAS,under the Disaster Mitigation Act of 2000,the Federal Emergency Management Agency (FEMA)has issued an Interim Final Rule that details the minimum criteria for local hazard mitigation plans; and WHEREAS, the City of Columbia Heights agrees with the concept of and necessity for hazard mitigation planning; and WHEREAS, The Anoka County Hazard Mitigation Planning Committee recommends the adoption of the Anoka County Multi-Jurisdictional Hazard Mitigation Plan and; WHEREAS,the Minnesota Department of Homeland Security and Emergency Management and the Federal Emergency Management Agency have conducted a review of and approved the Anoka County Multi-Jurisdictional Hazard Mitigation Plan; NOW THEREFORE,we,the City of Columbia Heights Council,hereby adopt the Anoka County Multi- Jurisdictional Hazard Mitigation Plan as submitted. Dated this 9th day of December 2013. Offered by: Seconded by: Roll call: Mayor Gary L.Peterson Attest: Tori Leonhardt City Clerk/Council Secretary 83 CITY COUNCIL LETTER MEETING OF: December 9, 2013 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: RESOLUTION UPDATING INCOME BY: JACKIE SENKO BY: LIMIT FOR SENIOR CITIZEN UTILITY RATES DATE: December 1, 2013 For many years, the City Council has annually updated the income eligibility limit for reduced senior citizen utility rates. Currently, the income limit for reduced senior citizen rates is set at $31,700. Attached is a resolution raising the income limit, beginning in 2014, to $33,000 for reduced senior citizen rates. For many years, the formula the City has used for this limit is the maximum current year (2014) Social Security benefit for an individual at full retirement age, plus 4%, rounded to the next even $100 increment. This limit is then compared to applicants' prior year(2013) income. This formula is intended to allow for a modest amount of income beyond the maximum Social Security benefit possible. The maximum Social Security benefit for an individual at full retirement age for 2014 is $31,704. The City Council can set any formula or amount for income eligibility. If the City establishes the income eligibility guideline at a higher level, more people will qualify. As more people qualify for reduced rates, the rates for non-qualifying people will have to be raised to ensure adequate revenue in the utility fund. For many years, the number of seniors receiving the reduced rate has remained relatively constant at approximately 230 residents. RECOMMENDED MOTION: Move to waive the reading of resolution 2013-112, there being ample copies available to the general public. RECOMMENDED MOTION: Move to adopt Resolution 2013-112, being a resolution updating the income limit for senior citizen utility rates. Attachment COUNCIL ACTION: 84 RESOLUTION NO. 2013—112 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 $33,000 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard is effective January 1, 2014. Passed this 9th day of December, 2013 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Tori Leonhardt, City Clerk/Council Secretary 85 CITY COUNCIL LETTER Meeting of December 9, 2013 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: ADOPT RESOLUTION 2013-105 BY: K. Hansen BY: ESTABLISHING SENIOR CITIZENS OR DATE: 11/14/2013 DATE: RETIRED & DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL Background: In 1982 the City Council adopted a resolution allowing the deferral of assessments for senior citizens and disabled persons. The resolution established eligibility criteria including a maximum income. The income level is updated annually by resolution. The attached resolution retains the criteria in the previous resolution and updates the income eligibility amount of$31,700, the same dollar amount used for reduced rates for senior citizens utility bills. The current income eligibility amount is $33,000. Recommended Motion: Move to waive the reading of Resolution No. 2013-105, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2013-105, being a resolution establishing a new maximum income of$33,000 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. KH:bt Attachment: Resolution 2013-105 COUNCIL ACTION: 86 RESOLUTION NO.2013-105 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL WHEREAS,immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments,and Whereas,Minnesota Statutes 435.193—435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: 1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments. 2. This deferral procedure shall apply only to property owned and occupied by the elderly,retired,or disabled applicant. Ownership and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. 4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 5. In order to obtain a deferral of an assessment,the homeowner must make application on the forms prescribed by the City Clerk. 6. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: a. the death of the owner,provided that the spouse is not otherwise eligible for benefits hereunder; b. the sale,transfer or subdivision of the property or any part thereof, C. if the property should for any reason lose its homestead status;or d. if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. 7. No deferral may be granted unless the homeowner makes application to the City Clerk within thirty(30)days after adoption of the assessment by the Council. 8. The deferral shall apply to only 50%of the annual installment payment. If the 50%is not paid in a timely manner,the balance of the annual installment along with all future installments shall become immediately due and payable. 9. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of$33,000. 10. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15`x'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. Dated this 9th day of December,2013. Offered by: Seconded by: Roll Call: _ Mayor, Gary Peterson Attest: Tori Leonhardt City Clerk/Council Secretary 87 CITY COUNCIL LETTER Meeting o£ December 9, 2013 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: ADOPT RESOLUTION 2013-116 TO BY: K. Hansen BY: RECEIVE PETITION AND ORDER THE DATE: 12/4/2013 DATE: PREPARATION OF A FEASIBILITY REPORT FOR STORM DRAINAGE IMPROVEMENTS Background: A petition for storm water drainage improvements was submitted to the City this fall. The petition is signed by four owners representing more than 35% of the frontage abutting the drainage area north of 43rd Avenue, between Benjamin and Arthur Streets. To comply with Minnesota State Statutes involving an assessed improvement project, a resolution must be passed by the City Council calling for a report on the necessity, cost-effectiveness, and feasibility of the proposed improvement. The petition requests an Area Storm Water Study be conducted to develop drainage solution(s); determine improvement estimates; and funding sources. If improvements are to be considered, a public improvement hearing will need to be held following completion and acceptance of the feasibility report. Recommended Motion: Move to waive the reading of Resolution 2013-116, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2013-116 being a resolution receiving the petition and ordering preparation of a report for storm water drainage improvements in the area north of 43rd Avenue,between Benjamin and Arthur Streets. Attachments: Resolution 2013-116 Petition Aerial COUNCIL ACTION: 88 RESOLUTION NO. 2013-116 BEING A RESOLUTION RECEIVING PETITION AND ORDERING PREPARATION OF REPORT WHEREAS, a petition for storm water drainage improvements in the area north of 43rd Avenue, between Benjamin and Arthur Streets has been submitted to the City; and WHEREAS,the City Council intends to assess the benefited property for all or a portion of the cost of the improvement,pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 10313.201 to 103B.251, as follows: Drainage Area: North of 43rd Avenue between Benjamin and Arthur Streets NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,MINNESOTA: 1. A certain petition requesting storm water drainage improvements in the area north of 43rd Avenue between Benjamin and Arthur Streets, filed with the Council December 9, 2013, is hereby declared to be signed by the required percentage of owners of property affected hereby. This declaration is made in conformity to Minn. Stat 429.035. 2. That the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible, and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. Passed this 9d'day of December, 2013. Offered by: Seconded by: Roll Call: ATTEST: City of Columbia Heights, Minnesota Mayor Gary L. Peterson Tori Leonhardt City Clerk/Council Secretary 89 PETITION FOR LOCAL IMPROVEMENT CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA 1. Petition For Local Improvement (more than 35 percent of property owners) Anoka County, Minnesota, this Petition: (month)(date),(year) To The City Council of Columbia Heights, Minnesota: We, the undersigned, owners or not less than 35 percent of frontage abutting the drainage area north of 43rd Avenue, between Benjamin and Arthur Streets, do hereby petition that an Area Storm Water Study be conducted to develop drainage solution(s); determine improvement estimates; and funding sources. Following acceptance of said report and pursuant to Minnesota Statutes, Chapter 429, and City Charter, the City may assess the entire or a portion of the cost of the improvement against our property described below and hereby agreed to pay the entire or a portion of the cost as apportioned by the City. L ure of Owner Description of Property(addreWPiN) 1. aZllS Iv 2- ate. 09. 3. A 4/7- 4. - ` / C/G'S 5. /g 6. 7. B. 9. 10. Examined, checked, and found to be in proper form and to be signed by the required number of owners of property affected by the maki y g of the r provement petitioned for. ngineer Date: 90 SO r - of 01 Nepored by Ueda �;.��� a �; •r �� r - I ', it J. 'rt -_`•___ _. �-�� _- � ; + I,� y Aerial • F to: Flown Spring 2011 CITY COUNCIL LETTER Meeting of. December 9,2013 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ADOPT RESOLUTION 2013-115 BEING A BY: K. Hansen BY: RESOLUTION ACCEPTING BIDS AND AWARDING THE DATE: 12/4/13 DATE: CONTRACT FOR 2013 SANITARY SEWER LINING, CITY PROJECT NO. 1304,TO INSITUFORM,LLC. Background: On August 12, 2013 the City Council authorized staff to seek bids for our annual sanitary sewer lining program. This is an annual program to rehabilitate sections of sanitary sewer pipe that have been televised and found to be deteriorating,have cracked or broken joints or sections, contain root intrusion or have infiltration present. This project consists of lining the following segments: 695 L.F. of 10"VCP on Polk Circle and Easement extending from Polk Circle to Central Avenue 510 L.F. of 10"VCP on Arthur Street from 1St MH northeast of 44th Avenue to 45th Avenue 330 L. F. of 10"VCP on 48th Avenue from University Service Drive to 4th Street 645 L.F. of 8"VCP on northbound Central Avenue from 44th Avenue to 45th Avenue 1,270 L.F. of 8"VCP on southbound Central Avenue from 43rd Avenue to 45th Avenue 780 L.F. of 8"VCP on 40th Avenue from Central Avenue to 780 Feet East of Central 330 L.F. of 8"VCP on Jefferson Street from 40th Avenue to 1"MH North of 40th Avenue 785 L.F. of 8"VCP on 38th Avenue from 585 Feet West to 200 Feet East of Madison Place Plans and specifications were advertised for bids in the Sun Focus on November 7,2013. Six contractors received copies of the bidding documents. Five bids were received and publicly read aloud at the December 3, 2013 bid opening. A copy of the minutes is attached. Analysis/Conclusions: Insituform Technologies USA, LLC. submitted the low bid in the amount of$122,524. The unit price for the sanitary sewer main lining work is $27.20 per lineal foot for 10"pipe and$21.20 per lineal foot for 8"pipe. This is less than what the City paid in 2011 ($34.60 per lineal foot for 10"pipe and$30.40 for 8"pipe). The 2013 budget amount for lining is $150,000. Recommended Motion: Move to waive the reading of Resolution 2013-115,there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2013-115,being a resolution accepting bids and awarding the contract for 2013 Sanitary Sewer Lining,City Project No. 1304 to Insituform Technologies USA, LLC, of Chesterfield, Missouri based upon their low, qualified,responsible bid in the amount of $122,524 with funds to be appropriated from Fund 652-51304-5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Attachments: Bid Opening Minutes Resolution 2013-115 COUNCIL ACTION: 92 CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Tuesday, December 3, 2013 at 10:00 a.m. 2013 Sanitary Sewer Lining City Project 1304 Pursuant to an advertisement for bids for 2013 Sanitary Sewer Lining, City Project 1304, an administrative meeting was held on December 3, 2013 at 10:00 a.m. for the purpose of bid opening. Attending the meeting was: Kathy Young, Assistant City Engineer Todd Stelmachor, Visu-Sewer, Inc Lauren McClanahan, Public Works Superintendent Brian Wimberger, Insituform Technologies Sue Schmidtbauer, Public Works Secretary Tom Ganser, Michels Corporation Brett Anderson, Lametti & Sons Doug Gniot, Veit Bids were opened and read aloud as follows: Bidder Base Bid Insituform Technologies USA,LLC $122,524.00 Visu-Sewer, Inc. $129,828.75 Michels Corporation $140,198.00 Veit& Company $170,868.75 Lametti & Sons, Inc. $188,555.00 Respectfully submitted, Sue Schmidtbauer Public Works Secretary 93 RESOLUTION 2013-115 RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR 2013 SANITARY SEWER LINING, CITY PROJECT NO. 1304, TO INSITUFORM TECHNOLOGIES USA, LLC. WHEREAS,pursuant to an advertisement for bids for City Project No. 1304, Sanitary Sewer Lining bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Insituform Technologies USA, LLC $122,524.00 Visu-Sewer, Inc. $129,828.75 Michels Corporation $140,198.00 Veit&Company, Inc. $170,868.75 Lametti & Sons, Inc. $188,555.00 WHEREAS, it appears that Insituform Technologies USA, LLC of Chesterfield, Missouri 63005 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Insituform Technologies USA,LLC in the name of the City of Columbia Heights, for the 2013 Sanitary Sewer Lining, City Project No. 1304, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project No. 1304 shall be funded from the Sanitary Sewer Construction Fund. Passed this 9h day of December, 2013. Offered by: CITY OF COLUMBIA HEIGHTS Second by: Roll call: BY Mayor Gary L. Peterson Tori Leonhardt City Clerk/Council Secretary 94 CITY COUNCIL LETTER Meeting of. December 9, 2013 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: November 20, 2013 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the December 9, 2013 Council meeting. This agenda consists of applications for contractor licenses for 2014 and business licenses for 2014. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for December 9,2013 as presented. COUNCIL ACTION: 95 TO CITY COUNCIL December 9, 2013 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES-2014 BLDG *C & S Blacktop 14435 Northdale Blvd, Rogers $60 *Fireside Hearth&Hm 2700 Fairview Ave, Roseville $60 *Associated Mechanical PO Box 237, Shakopee $60 *Pete's Water& Sewer 1845082 d Place N, Maple Grove $60 *C &M Heating&AC 16220 Turnberry Turn, Anoka $60 *Northern One Hour Htg 9431 Alpine Dr, Ramsey $60 *4 Corner Arch Sheet Metal 1932 Shawnee Rd, Eagan $60 *Ryan Companies 50 So 10th St#300, Mpls $60 *Ductworks Htg &AC 6108 Olson Memorial Hwy, Golden Vall $60 *Nord Excavating 15265 209th Ave, Elk River $60 *Royalton Htg 4120 85th Ave No., Brk Pk $60 *Assured Htg &AC 13571 Balsam Ln N, Dayton $60 *Larkins Construction 165 James Ave N, Mpls $60 *Steinkraus Plumbing 112 E 5th St, Chaska $60 *Dean's Professional Plumb 7400 Kirkwood Ct N, Maple Grove $60 *Albertson Mechanical 21486 205' St, Big Lake $60 *Trowbridge Plumbing 15310 Panola Dr, Lindstrom $60 *The Davey Tree Expert 2500 Feinbrook Lane N, Plymouth $60 *St Croix Tree 675 Grupe St, Roberts WI $60 SMOKE SHOP POLICE Urban She Sha 332 40th Avenue. $300 WINEBEER POL, F,B,Z Miller's Corner Bar& Grill 547 40th Avenue $1,600 MASSAGE LICENSES POL *Zentral Massage-Bus 3986 Central Ave $500 *Ka Nong Vang-Indio 3986 Central Ave $100 *Alec Vongkaysone_Indiv 3986 Central Ave $100 COURTESY BENCHES PW US Bench 3300 Snelling Ave, Mpls $425 Benchmark 8844 Central Ave, Sp Lk Pk $200 96 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: December 9, 2013 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 150346 through 150499 in the amount of$ 3,626,434.78. These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 97 � W E-F 0 xF:4 � a H P,' W W x > O � U H (YI M W N U) � CO a a °' Oo U > U > i w U x H O O O O W H in d M U O U) H HLJCJ N Nl0 U \ q to in -ri o O a \ N H H � �5 j :j� � � � � a �0 U rn Z a 0 o U) J-) w N Ul W \ (3 -H a Lf) x H N o > w \ x x � U H }� N P� m O 4-) U E q a U) W H x a 4 E w o w W Ln m p P4 O H .. -H a) H O cn rn H u A . . QH ? C O •ri S4 J-1 ,y a) o FC U a k �A k . . . 4-3 a) \ Ll a) H a) a) •• o a) 4-) 41 a) . . . s4 (0 4-J q, Uq zU M r W U] U a)ro . r. 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H 3w O Old z w z W W a � I w a o U w I woQH �CHw < z44 wwHHwwzoz a a U � I x a cN H\ W Q I UUW WUaFC6UHUU '3WPiWaWUHUHHN� r.G ww u) I riH d' N M O H Ln O O NM H N M 1' M N H O M q4 W U N R I 000 r-1N ;v D H N M M MOO O O O Ln o N w N WOD O I O a' r-I W fia I HNNNNNNd' 11 d' 11 d' W W W W W W L- L- WWM CD H W Q I W H COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: December 9,2013 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S Public Hearing Community Development APPROVAL NO: ITEM: BY: Joe Hogeboom BY: Approving Site Plan for 4001 DATE: December 9,2013 DATE: University Ave. (Restaurant/Deli), Resolution 2013-117 NO: 6-A Background: The owner of the property at 4001 University Ave.NE is proposing to change the proposed use of the site from a gas station to a restaurant/delicatessen. The applicant had obtained Site Plan approval for the gas station in December,2012. The applicant has since reconsidered the use of the site,and has determined that it is a more appropriate location for a restaurant.The proposed restaurant is planned to be called"Kader Cafe", and will specialize in Greek and Palestinian cuisine. The original building on the site was a gas station, which was destroyed by fire in November, 2011. The building that is currently under construction is located on the original building pad. The general configuration of the site is consistent with the original Site Plan that was approved in 2012. However,due to the change of land use,a new Site Plan approval process is required. This property is located within the boundaries of the 40t"Avenue Design Guidelines District. The proposed Site Plan does achieve the standards established for the District. The proposed restaurant use is also consistent with the Comprehensive Plan,and the"General Business (GB)"zoning designation for the site. A public hearing was held for this proposal by the Planning and Zoning Commission on Tuesday,December 3. Two neighboring residents addressed the Commission with concerns about noise. The applicant stated that he will work with neighbors to develop a combination of landscaping and fencing that will be visually attractive and will mitigate noise issues. In addition,the Planning and Zoning Commission recommended limiting the hours of operation for the outdoor patio. Another concern raised by the Planning and Zoning Commission was the amount of time in which this project has been under construction. The applicant addressed the concern by stating that he had a financial hardship in the beginning of the project,and that he is now actively working toward completion. He intends to have the restaurant operational by April,2014. Recommendation: The Planning and Zoning Commission voted in favor of recommending Site Plan approval,with one member abstaining from voting. The approval is contingent upon fourteen conditions,which are listed in the minutes of December 3,2013 Planning and Zoning Commission meeting. Recommended Motion: Move to waive the reading of Resolution No. 2013-117,there being ample copies available to the public. Move to adopt Resolution No. 2013-117,being a resolution approving a site plan for a new restaurant located at 4001 University Avenue NE. 105 Attachments: • Resolution • Location Map • Memorandum to the Planning and Zoning Commission dated December 3,2013 • Memorandum from the Public Works Director/City Engineer dated November 13,2013 • Minutes of the Planning and Zoning Commission dated December 3,2013 • Site Plan • Elevations • Photos COUNCIL ACTION: 106 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2013-1201 DATE: December 3, 2013 TO: Columbia Heights Planning Commission APPLICANT: Louie Abuhkader LOCATION: 4001 University Avenue NE REQUEST: Site Plan Approval for New Restaurant PREPARED BY: Joe Hogeboom, Assistant Community Development Director INTRODUCTION Louie Abuhkader, in collaboration with Radwan Construction and Barr-Nelson, Inc., is proposing to construct and operate a restaurant/delicatessen on the property located at 4001 University Ave. NE. The applicant has obtained Site Plan approval in December, 2012 for the construction of a gas station. The applicant has since reconsidered the use of the site, and has determined that it is a more appropriate location for a restaurant. The previous building on this site was a gas station, which was destroyed by a fire. The building that is currently under construction is located on the original building pad. As part of the new proposal, the general configuration of the site is consistent with the original Site Plan that was approved. However, due to the change of use, a new Site Plan approval process is required. This property is located within the boundaries of the 40th Avenue Design Guidelines District. The proposed Site Plan does achieve the standards established for the District. The proposed restaurant is planned to be called "Kader Cafe", and will specialize in Greek and Palestinian cuisine. ZONING ORDINANCE The property located at 4001 University Avenue is located in the General Business (GB) Zoning District. The properties to the north and east are located in the Multiple Family (R-3) Residential Zoning District and the properties to the south are located in the General Business (GB) Zoning District.The properties across University Avenue to the west are located in the Multiple Family (R-3) Residential Zoning District. lut City of Columbia Heights Planning Commission December 3, 2013 4001 University Avenue — Site Plan Review Case # 2013-1201 COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Constructing a new restaurant is consistent with the City's Comprehensive Plan. DESIGN GUIDELINES The subject property is located in the 40th Avenue Design Guidelines District. The following components are requirements of the Design Guidelines District: • The building should have a well-defined front fagade with primary entrances facing the street. • The building should be designed with pitched or flat roofs. • The base floor of the building should include elements that relate to human scale including texture, projections, doors, windows, awnings, canopies or ornamentation. • Building height shall be a minimum of 22 feet. • Window and door openings should comprise at least 30% of the area of the ground floor of the primary street fagade. A minimum of 20%of any two sides or rear facades at ground level shall consist of window and door openings and a minimum of 15%of all upper story facades shall consist of window or balcony door openings. • Building materials should be high-quality, durable and authentic. Primary materials can consist of brick, natural stone, precast concrete, and stucco. The two finishes on the building are precast veneer("Mammoth Stone Series") and prefinished metal siding ("Una-clad" Delta Concealed). • Parking should be located behind buildings, when feasible. In general, the proposed building meets the design guidelines. Parking will be located in front of the building because the building was constructed in the location of the previous building on the site. The current proposal is consistent with the gas station Site Plan that was approved in December, 2012. Signage will be addressed when the applicant applies for a Sign Permit. Signage must be consistent with Design Guidelines and with City Code. Page 2 108 City of Columbia Heights Planning Commission December 3, 2013 4001 University Avenue - Site Plan Review Case # 2013-1201 SITE PLAN As previously mentioned, the proposed building is located within the existing foundation space of the original building. The footprint of the building is 2,400 square feet. The General Business Zoning District setbacks, which are 15 feet in the front yard and 20 feet in the rear yard, are achieved with this proposal. The former gas pumps and canopy structure were removed in early November. 1. Parking City Code requires 30 parking spaces for the proposed use (including both the building and the outdoor patio). According to the site plan all parking can be accommodated onsite. According to the Site Plan, parking visible to the north will be screened by vegetative cover, and parking visible to the east will be screened by a fence. 2. Access Currently, the site has three curb cut accesses. One access is located on the Highway 47 Frontage Road, and two accesses are located on 40th Avenue (CSAH 2). Anoka County plans to create a right turn lane from 40th Avenue to University Avenue in the future. Therefore, under the direction of the City Engineer, the applicant intends to remove the westernmost access on 40th Ave. 3. Other Issues The facade of the building has changed slightly since the original Site Plan was approved in 2012. The primary change is the removal of several second-story windows on the west-facing and south-facing facades. Despite the changes, the current Site Plan remains in compliance with the requirements of the 40th Avenue Design Guidelines District. Because the proposed use has changed from a gas station to a restaurant, the Site Plan now displays a 32-seat patio. The patio is proposed to be fenced and covered by a pergola roof. Because the patio is on the side of the building that is adjacent to residential properties, staff recommends restricting the patio's hours of operation. FINDINGS OF FACT Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: a. The site plan conforms to all applicable requirements of this article. Page 3 109 City of Columbia Heights Planning Commission December 3, 2013 4001 University Avenue — Site Plan Review Case # 2013-1201 The site plan meets all applicable Design Guidelines for the property with a slight deviation in parking location. The Zoning Code requirements are achieved. b. The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan guides this area as Commercial. Constructing a new restaurant is consistent with the intent of the Comprehensive Plan. c. The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. With consolidating the entrances off 40th Avenue to one entrance, adverse impacts are lessoned on the public right-of-way. RECOMMENDATION Staff finds that the proposal for Kader Cafe is consistent with the City's Comprehensive Plan, and therefore recommends approval of the proposed Site Plan, subject to the following conditions: 1. All application materials, maps/plans, drawings and descriptive information submitted with this application shall become part of the permit. 2. Any new signage incorporated into the building or site shall meet the requirements of the 40th Avenue Design Guidelines District, and shall be approved through the Sign Permit process. 3. The memorandum from the Public Works Director/City Engineer, dated November 13, 2013, shall be a component of this approval. 4. The sidewalk and median on the south side of the building shall be changed from a width of 6 feet to a width of 7 feet to better accommodate front vehicle overhang and pedestrian access. 5. The existing payphone and clothing drop box on the southwest side of the site shall be removed prior to the issuance of a Certificate of Occupancy. 6. The location of the future gas meter shall be shown on all future plans. Page 4 110 City of Columbia Heights Planning Commission December 3, 2013 4001 University Avenue — Site Plan Review Case # 2013-1201 7. The two proposed parking spaces adjacent to the patio area on the north side of the building shall not be constructed, and shall be removed from future site plans. 8. Future site plans must clarify the driveway location off of the Highway 47 Frontage Road, as well as surface runoff from the east side of the site. 9. The building shall be sprinkled. 10. Parking areas adjacent to residential properties shall be screened with fencing and/or landscaping that is 80% opaque year round. 11. The visual appearance of the trash enclosure shall be consistent with the visual appearance of the building. 12. The fence along the east side yard property line shall be repaired and made compliant with the City's property maintenance standards. 13. The hours of operation of the outdoor patio are restricted from open-9 pm on Sundays through Thursdays and open-10 pm on Fridays and Saturdays. Move to waive the reading of Resolution No. 2013-PZ03, there being ample copies available to the public. Move to adopt Resolution No. 2013-PZ03, being a resolution approving a site plan for a new restaurant located at 4001 University Avenue NE. ATTACHMENTS • Draft Resolution • Location Map • Memorandum from the Public Works Director/City Engineer dated November 13, 2013 • Site Plan • Elevations • Photos Page 5 111 RESOLUTION NO. 2013-PZ03 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW RESTAURANT AT 4001 UNIVERSITY AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2013-1201) has been submitted by Louie Abuhkader, to the Planning and Zoning Commission 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 new restaurant building located at 4001 University Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on December 3, 2013; WHEREAS,the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health,safety,and welfare of the community and its Comprehensive Plan,as well as any concerns related to compatibility of uses, traffic,property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW,THEREFORE,BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal,that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. FURTHER,BE IT RESOLVED,that the attached conditions,maps, and other information shall become part of this permit and approval;and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one 1 calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 112 Resolution No. 2013-PZ03 Page 2 1. All application materials, maps/plans, drawings and descriptive information submitted with this application shall become part of the permit. 2. Any new signage incorporated into the building or site shall meet the requirements of the 40th Avenue Design Guidelines District, and shall be approved through the Sign Permit process. 3. The memorandum from the Public Works Director/City Engineer, dated November 13, 2013, shall be a component of this approval. 4. The sidewalk and median on the south side of the building shall be changed from a width of 6 feet to a width of 7 feet to better accommodate front vehicle overhang and pedestrian access. 5. The existing payphone and clothing drop box on the southwest side of the site shall be removed prior to the issuance of a Certificate of Occupancy. 6. The location of the future gas meter shall be shown on all future plans. 7. The two proposed parking spaces adjacent to the patio area on the north side of the building shall not be constructed, and shall be removed from future site plans. 8. Future site plans must clarify the driveway location off of the Highway 47 Frontage Road, as well as surface runoff from the east side of the site. 9. The building shall be sprinkled. 10. Parking areas adjacent to residential properties shall be screened with fencing and/or landscaping that is 80% opaque year round. 11. The visual appearance of the trash enclosure shall be consistent with the visual appearance of the building. 12. The fence along the east side yard property line shall be repaired and made compliant with the City's property maintenance standards. 13. The hours of operation of the outdoor patio are restricted from open-9 pm on Sundays through Thursdays and open-10 pm on Fridays and Saturdays. 14. The Public Works Director would like a $5,000 Bond or cash deposit for Storm Water and Erosion Control. 113 Resolution No. 2013-PZ03 Page 3 Passed this Yd day of December, 2013, Offered by: Fiorendino Seconded by: Kinney Chair Roll Call: Ayes: Fiorendino, Kinney, Lee& Szurek Abstain: Little Secretary Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Louie Abuhkader Date 114 CITY OF COLUMBIA HEIGHTS Public Works Department TO: JOE HOGEBOOM ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR FROM: KEVIN HANSEN PUBLIC WORKS DIRECTOR/CITY ENGINEER DATE: November 13,2013 SUBJECT: 4001 University Avenue Site Plan Review I have reviewed the final plan submittal packet dated October 22nd,2013 and have the following requirements/comments for final plan approval: General • If the existing parking lot is disturbed, erosion control shall be required to prevent soil from leaving or tracking off the site. This may include a vehicle tracking pad where all construction traffic is routed through. • All construction traffic shall access the site off of 40th Avenue. • Site/Civil work shall be inspected by the City Engineering Department(connection to public utility system). 24-hour advance notice of an inspection is required. • The plans show the westerly most access off of 40th Avenue as closed, and widening the easterly access off 40th Avenue for this property. Anoka County Highway has review/approval of driveway access on their County Road system. (sheet CP-1) • The sewer service into the property that is connected to the sanitary manhole shall be disconnected if not in use. If intended to be reused, the sanitary sewer service shall be televised to evaluate its condition, and if found acceptable—lined. • The existing water service shall be disconnected at the main in accordance with City code. • The sidewalk and median provided on the south side of the building is shown at a width of 5'-0". Staff would recommend this width be either 6'-0" or 7"-0"to better accommodate front vehicle overhang and pedestrian access. (sheet CP-I) • At the SW corner of the site—please remove the pay phone and clothing drop. (sheet CP-1) • At the SW corner of the site—the existing pylon sign is shown to remain. Would a sign be better oriented parallel to, and closer to the 40th Avenue ROW? (sheet CP-1) • At the NW entrance off of the University Service Drive,there are three notations for existing curb and gutter to remain—please clarify.Also,is this drive intended to be one-way?(sheet CP-1) • On the east side of the building behind the dumpster—a notation is made"surface runoff into streets and...."—please clarify. (sheet CP-I) 115 If you have any questions or need further infonnation,please contact me at(763)706-3705. 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'�• J {�� rte- Tyvak Tr,, ifs r p �fi tq r ` rip MI lYvek 7y►�ak TyVBk • r � Tv K _ _ ! �u • \ 4r 124 RESOLUTION NO. 2013-117 RESOLUTION OF THE APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW RESTAURANT AT 4001 UNIVERSITY AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA WHEREAS, a proposal (Case#2013-1201) has been submitted by Louie Abuhkader, 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 new restaurant building located at 4001 University Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on December 3, 2013; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. FURTHER,BE IT RESOLVED that the attached conditions,maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 125 Resolution No. 2013-117 Page 2 1. All application materials, maps/plans, drawings and descriptive information submitted with this application shall become part of the permit. 2. Any new signage incorporated into the building or site shall meet the requirements of the 40th Avenue Design Guidelines District, and shall be approved through the Sign Permit process. 3. The memorandum from the Public Works Director/City Engineer, dated November 13, 2013, shall be a component of this approval. 4. The sidewalk and median on the south side of the building shall be changed from a width of 6 feet to a width of 7 feet to better accommodate front vehicle overhang and pedestrian access. 5. The existing payphone and clothing drop box on the southwest side of the site shall be removed prior to the issuance of a Certificate of Occupancy. 6. The location of the future gas meter shall be shown on all future plans. 7. The two proposed parking spaces adjacent to the patio area on the north side of the building shall not be constructed, and shall be removed from future site plans. 8. Future site plans must clarify the driveway location off of the Highway 47 Frontage Road, as well as surface runoff from the east side of the site. 9. The building shall be sprinkled. 10. Parking areas adjacent to residential properties shall be screened with fencing and/or landscaping that is 80% opaque year round. 11. The visual appearance of the trash enclosure shall be consistent with the visual appearance of the building. 12. The fence along the east side yard property line shall be repaired and made compliant with the City's property maintenance standards. 13. The hours of operation of the outdoor patio are restricted from open-9 pm on Sundays through Thursdays and open-10 pm on Fridays and Saturdays. 14. The Public Works Director would like a$5,000 Bond or cash deposit for Storm Water and Erosion Control. Passed this 9th day of December, 2013, 126 Resolution No. 2013-117 Page 3 Offered by: Seconded by: Roll Call: Gary L. Peterson Attest: Tori Leonhardt City Clerk/Council Secretary 127 CITY COUNCIL LETTER MEETING OF: DECEMBER 9, 2013 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPT: CITY MANAGER FINANCE APPROVAL ITEM: BEING A RESOLUTION ADOPTING A BY: JOE KLOIBER BY: BUDGET FOR THE YEAR 2014, SETTING THE CITY LEVY AND APPROVING THE HRA LEVY DATE: DECEMBER 3, 2013 NO: 2013-103 The attached resolution reflects the City Manager's 2014 proposed budget, as modified by the attached list of changes reviewed with the Council. This proposed budget was reviewed with the City Council at four work sessions this past year, in addition to the regular meeting on September 9th. Of course, the development of the 2014 budget actually began in 2009, with the development of the City's five-year financial plan. As reported in the City newsletter and discussed in council work sessions, a large increase in the portion of the City levy paid by taxpayers outside Columbia Heights under the Area-Wide Fiscal Disparities program(AW levy)will create an unusual tax levy change for 2014. The attached resolution reflects 3.7% increase in the overall gross tax levy, consistent with the five-year financial plan. However, Columbia Heights taxpayers will actually see an average decrease of 6.5% in the portion of the City levy they must pay for 2014. We note that the unusual spike in the AW levy causing this situation is expected to somewhat reverse itself in 2015, whereby the proportion of the gross levy paid by local Columbia Heights taxpayers will increase to some degree for 2015. The separate HRA levy of$183,887 included in the attached resolution is a 0.5% decrease from 2013. This is the sixth consecutive year that the HRA levy has decreased. As discussed in the City Manager's 2013 budget message and the City newsletter, the proposed 2014 budget limits the increase in tax-supported operating expenses to 1.5%, which is less than the rate of inflation. A new, one-time mandate for this year's budget process requires discussion of estimated cost savings that will result from more City departments becoming exempt from state sales tax in 2014. We estimate the additional exemption provided by the state law change will provide a cost savings of approximately 0.3% of the total budget. Note however, the tax-supported operating funds make up only about one-third of the total budget. The sales tax benefit is mostly concentrated in the purchase of supplies and utilities. Unfortunately, Centerpoint Energy and Xcel Energy have both received preliminary approval for 2014 rate increases which offset most of the sales tax benefit for the City's purchase of those utility services. 128 City Council Letter, Page 2 Meeting of December 9, 2013 2014 Budget, City Levy, HRA Levy RECOMMENDED MOTION: Move to waive the reading of Resolution 2013-103, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2013-103 being a RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2013, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. JK:nb 1312031 COUNCIL Attachments: Resolution 2013-103 Budget Changes Included in Resolution 2013-103 COUNCIL ACTION: 129 RESOLUTION 2013-103 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2014, 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 2014 is hereby approved and adopted with appropriations for each of the funds listed below. Expense General Fund 11,231,718 Community Development Fund 234,334 Economic Development Fund 272,332 State Aid 187,839 Cable Television 104,931 Library 810,143 Infrastructure 145,064 Capital Improvement 1,022,599 Capital Equipment Replacement Funds 107,850 Construction Funds 1,895,000 Central Garage Fund 725,463 Liquor Operating 81636,500 Liquor Capital/Non-Operating 583,386 Water Utility Fund 2,785,737 Sewer Utility Fund 2,235,125 Refuse Fund 1,860,513 Storm Sewer Fund 495,214 Data Processing 329,385 Debt Service Fund 2,120,180 Total Expense Including Interfund Transfers 35,783,313 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 2014. Revenue General Fund 11,231,718 Community Development Fund 234,334 Economic Development Fund 272,332 State Aid 187,839 Cable Television 104,931 Library 810,143 Infrastructure 145,064 Capital Improvement 1,022,599 Capital Equipment Replacement Funds 107,850 Construction Funds 1,895,000 Central Garage Fund 725,463 Liquor Operating 8,636,500 Liquor Capital/Non-Operating 583,386 Water Utility Fund 2,785,737 Sewer Utility Fund 2,235,125 Refuse Fund 1,860,513 Storm Sewer Fund 495,214 Data Processing 329,385 Debt Service Fund 2,120,180 Total Revenue Including Interfund Transfers 35,783,313 130 Section C. The following sums of money are levied for the current year,collectable in 2014 upon the taxable property in said City of Columbia Heights,for the following purposes: Estimated General Fund Levy 8,328,896 Estimated Library Levy 784,770 Estimated EDA Fund Levy 84,000 Total 9,197,666 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2014 in the amount of$183,887. BE IT FURTHER RESOLVED: That the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2014 that is higher than the tax rate calculated for the City taxes levied in 2012 collectable in 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 2006A in the amount of$99,202 and that the County Auditor is authorized to cancel the related Bond Levy in its entirety for taxes payable 2014. 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$300,000 and that the County Auditor is authorized to cancel $300,000 of the related Bond Levy for taxes payable in 2014, leaving a balance of$357,087 to be levied for taxes payable in 2014 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$3,803 and that the County Auditor is authorized to cancel$3,803 of the related Bond Levy for taxes payable in 2014, leaving a balance of$225,854 to be levied for taxes payable in 2014 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. Approved this 9th day of December 2013. Offered By: Seconded By: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Tori Leonhardt City Clerk/Council Secretary 131 City of Columbia Heights List of 2014 Budget Changes Prepared 12/4/13 Totals Expense Reduce 2014 debt service to reflect refunding 2006A bonds in 2013 Fund 340 GO Improvement Bonds 2006A -315,390 Fund 631 Water Debt Service -19,000 Fund 632 Sewer Debt Service N/A Fund 634 Stormsewer Debt Service -4,000 Increase 2014 debt service for 2013A bonds Fund 345 GO Improvement Bonds 2013A 4,000 Fund 631 Water Debt Service 18,000 Fund 632 Sewer Debt Service 7,000 Fund 634 Stormsewer Debt Service 14,000 Increase 2014 transfers-out to utility debt service funds for 2013A Fund 601 Water Utility 13,000 Fund 602 Sewer Utility 47,000 Fund 604 Stormsewer Utility 84,000 Reclassify amount from contingency line item to out-of-town travel line item Fund 101 General-Mayor/Council department -3,613 Fund 101 General-Mayor/Council department 3,613 -151,390 Revenue Eliminate 2014 bond proceeds,as bonds were instead issued in 2013 Fund 651 Water Construction -400,000 Fund 652 Sewer Construction -305,000 Fund 653 Stormsewer Construction -310,000 Reclassify all budgeted revenue from closed fund 340 to reflect 2013 refunding Fund 340 GO Improvement Bonds 2006A -95,630 Fund 345 GO Improvement Bonds 2013A 95,630 Increase 2014 transfers-in from utility operating funds for debt service on 2013A bonds Fund 631 Water Debt Service 13,000 Fund 632 Sewer Debt Service 47,000 Fund 634 Water Debt Service 84,000 Reduce HRA Levy to maximum allowable$183,887 bases on taxable market value Fund 204 EDA -1,113 Increase service fees charged to Parkview Villa to reflect expected full year ownership Fund 204 EDA 27,750 Increase TIF revenue inadvertently omitted from proposed budget Fund 371 TIF T-47th&Central 75,000 Use of Fund Balance For net effect of above changes,primarily use of 2013 bonds in 2014 projects 617,973 151,390 132