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HomeMy WebLinkAbout01/13/2014 Regular Meeting CITY OF COLUMBIA HEIGHTS Mayor Gary L.Peterson 59040 1h Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Counci/members Visit our website at. www.ci.columbia-h eights.mn.us RobertA. 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,January 13, 2014 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia eights, MN. The City of o um is Heights does not discriminate on the basis of isa i ity in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Pastor Dan Thompson of Heights Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline. 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION,ANNOUNCEMENTS, GUESTS A. 2014 Library Winter Reading Programs -Barb Kondrick and Bethany Grabow 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 December 9, 2013 Pg 7 MOTION: Move to Approve City Council Meeting Minutes of December 9, 2013. B. Accept Boards and Commission Meeting Minutes MOTION: Move to accept the Library Board Meeting Minutes of November 6, 2013. Pg2 5 MOTION: Move to accept the Planning and Zoning Meeting Minutes of January 7, 2014. Pg2 7 C. Appoint 2014 Council Liaisons and Staff Assignments to City Boards and Commissions and Pg3 7 External Boards MOTION: Move to Approve the Mayor's appointments to City Boards and Commissions: Councilmember Diehm to the Library Board, Mayor Peterson to the Park and Recreation Commission, Councilmember Williams as an alternate to the Park and Recreation Commission, Mayor Peterson to the Planning and Zoning Commission, Councilmember Williams as an alternate to the Planning and Zoning Commission, Councilmember Schmitt to the Traffic Commission, Councilmember Diehm to the Charter Commission and Mayor Peterson as an alternate. 3 City Council Agenda Monday,January 13,2014 Page 2 of 4 MOTION: Move to Approve the Mayor's appointments to External Boards: Councilmember Nawrocki to the League of MN Cities, City Manager Walt Fehst as an alternate to the League of MN Cities, Councilmember Schmitt to the Mississippi Water Management Organization, Councilmember Williams to the Rice Creek Watershed Advisory Board, Public Works Director/City Engineer Kevin Hansen as an alternate to the Rice Creek Watershed Advisory Board, Councilmember Nawrocki to the North Star Corridor, Mayor Peterson to the Joint Law Enforcement Council and Chief Scott Nadeau as the alternate to the Joint Law Enforcement Council. D. Designate Columbia Heights/Fridley Sun-Focus as the legal newspaper for 2014 for the Citv of P93 9 Columbia Heights MOTION: Move to designate Columbia Heights/Fridley Sun-Focus as our legal newspaper for 2014. E. Appoint the Mayor and City Manager to the Columbia Heights Volunteer Firefighters Relief Pg41 Association board of trustees for 2014 MOTION: Move to appoint the Mayor and City Manager to the Columbia Heights Volunteer Firefighters Relief Association board of trustees for 2014. F. Adopt Resolution 2014-01,being a Resolution Designating Official Depositories for the City f Pg42 Columbia Heights MOTION: Move to waive the reading of Resolution 2014-01, there being ample copies available to the public. MOTION: Move to adopt Resolution 2014-01, being a resolution designating official depositories for the City of Columbia Heights. G. Adopt Resolution 2014-02 being a Resolution to Accept Certain Donations received by the City Pg4 5 of Columbia Heights MOTION: Move to waive the reading of Resolution 2014-02, there being ample copies available to the public. MOTION: Move to adopt Resolution 2014-02,being a resolution to accept certain donations received by the City of Columbia Heights. H. Approve purchase of additional network storage in the amount of$29,702. Pg4 7 MOTION: Move to approve the purchase of additional network storage from Hewlett-Packard, through Works Computing Inc., in the amount of$29,702. I. Public Works Blanket Orders For 2014 Purchases Pg4 9 MOTION: Move for approval to authorize staff to process blanket purchase orders in an amount not to exceed the 2014 budget amounts for: • De-icing salt for salt/sanding operations purchased off the State of Minnesota Purchasing Contract. • Fuel (unleaded and diesel) for City vehicles from the State of Minnesota Purchasing Contract and the Anoka County Cooperative Agreement. • Bituminous asphalt for patching/paving City streets and alleys from Commercial Asphalt, or 4 City Council Agenda Monday,January 13,2014 Page 3 of 4 City of St. Paul, or T.A. Schifsky& Son's. • Curb stop and service repairs, for delinquent accounts and foreclosed properties. J. Authorization to Seek Engineering P p Pro osals for the Update to the City's Water Resource Pg5 0 — Management Plan MOTION: Move to authorize staff to obtain engineering proposals from consultants for the update to the City of Columbia Heights Water Resource Management Plan. K. Approval of Resolution#2014-03 for retail sales at Dulceria La Central, LLC - 4220 Central Pg52 Avenue MOTION: Move to waive the reading of Resolution 2014-03, there being ample copies available to the public. MOTION: Move to adopt Resolution 2014-03 approving a Conditional Use Permit for Dulceria La Central, LLC to allow a candy store at 4220 Central Ave. NE, subject to two conditions listed. L. Adopt Resolution 2014-05, Authorizing Application for 2014 Community Development Block Pg59 Grant Funding MOTION: Move to waive the reading of Resolution 2014-05,there being ample copies available to the public. MOTION: Move to adopt resolution 2014-05, a resolution authorizing application for the 2014 CDBG funding for the purpose of providing commercial revolving loan funds in the amount of $100,000; and furthermore,to submit said application to Anoka County. M. Approve Gambling Permit, Immaculate Conception Church, Bingo and Raffle Event on March Pg61 16, 2014 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and a raffle at their event being held March 16, 2014 at 4030 Jackson Street NE, Columbia Heights; and furthermore,that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. N. Approve Business License Applications Pg6 7 MOTION: Move to approve the items as listed on the business license agenda for January 13, 2014 as presented. O. Payment of Bills MOTION: Move that in accordance with Minnesota Statue 412.271, subd. 8, the City Council Pg7 has received the list of claims paid covering check number 150500 through 150925 in the amount of$1,997,738.25. MOTION: Move to approve the Consent Agenda items. 6.PUBLIC HEARINGS A. Approval of Resolution 2014-04,Purchase of 1301 - 1303 Circle Terrace Blvd. NE Pg85 MOTION: Move to waive the reading of Resolution 2014-04, there being ample amount of copies available to the public. 5 City Council Agenda Monday,January 13,2014 Page 4 of 4 MOTION: Move to adopt Resolution 2014-04, approving the acquisition of property located at 1301-1303 Circle Terrace Blvd NE; furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. B. Authorization to Seek Bids for the 2014 Miscellaneous Concrete Replacement and Installation Pg93 Proi ect MOTION: Move to authorize staff to seek bids for the 2014 Miscellaneous Concrete Replacement and Installation project. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. ADJOURNMENT A�4 Walter R. Fehst, City Manager WF/tal 6 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY,DECEMBER 9,2013 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY,DECEMBER 9,2013 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, Finance Director Joe Kloiber, Assistant Community Director Joe Hogeboom, City Attorney Jim Hoeft, and City Clerk/Council Secretary Tori Leonhardt. Pastor Max Richter of Community Methodist Church gave the invocation. 2. PLEDGE OF ALLEGIANCE Recited 3. ADDITIONS/DELETIONS TO MEETING AGENDA City Clerk Leonhardt asked that there be two corrections made under the Consent Agenda items. First under Item A, the City Council Meeting Minutes of November 25, 2013,page 11, Item 8, 3rd paragraph, that the date of the Executive Session was noted as December 9th and it should be December 2nd. Secondly, under item C, on the November 2014 calendar it has Monday,November IOtt' is listed as a holiday with the Council meeting being moved to Tuesday,November 11th,when in fact, Veteran's Day is Tuesday,November 11th and City offices will be closed that day, so the City Council meeting will remain as normally scheduled on Monday,November 10th 4. PROCLAMATIONS,PRESENTATIONS,RECOGNITION,ANNOUNCEMENTS, GUESTS Nawrocki indicated he went to the Northstar Advisory Committee meeting and they indicated they are adding more riders. They are also adding Wi-Fi onto one of the trains. Nawrocki informed the Council that it is still costing a lot of money as the subsidy to the system is costing between$18-$19 per rider. Nawrocki stated he has information on the project if anyone is interested they should contact him. 5. CONSENT AGENDA Councilmember Nawrocki asked that the City Manager give more detailed information on items D, E, F, G, H, I,J, and K on the Consent Agenda. City Manager Fehst indicated he would give more detailed information on these items as he went through the consent agenda items. A. Approve City Council Meeting Minutes of November 25, 2013 MOTION: Move to approve the City Council Meeting Minutes of November 25,2013. 7 City Council Meeting Minutes Monday,December 9,2013 Page 2 of 18 B. Accept Boards and Commission Meeting Minutes MOTION: Move to Accept the Planning and Zoning meeting minutes of June 18, 2013. MOTION: Move to Accept the Planning and Zoning meeting minutes of December 3, 2013. MOTION: Move to Accept the EDA meeting minutes of August 5,2013. MOTION: Move to Accept the EDA meeting minutes of September 9, 2013. C. Approve 2014 City Council Meeting Calendar MOTION: Move to approve the 2014 City Council Meeting Calendar as submitted. D. Adopt Resolution 2013-114 Regarding 2013-2014 LELS Labor Agreement--Sergeants 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 2013 and 2014. Fehst stated this falls within the parameters that the Councilmembers have given staff. There is a 2% increase in May of 2013, a 2% increase in January 2014, and a 2% increase in July 2014. E. Authorize School Liaison Officer Contract with CH School District for 2014 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. Fehst explained this is a contract that we do with the school district to place an officer in the middle school and the high school. Nawrocki asked how much time the officer puts in at the school and why we are only charging for half time. Fehst stated this is for this year and for next year. Nawrocki indicated we are charging them for half of the time and he would like a better explanation of how the City is charging for the use of the Liaison Officers. F. Approve 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. 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. Fehst stated the officers have not received an increase since 2008.Nawrocki asked if the increase in rate affects the pension rate they receive. Fehst indicated no, it does not. G. Adopt Resolution 2013-111, adopting the Anoka County Multi-Jurisdictional Hazard Mitigation Plan. 8 City Council Meeting Minutes Monday,December 9,2013 Page 3 of 18 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. Fehst informed the Council this is a County plan and he talked to Chief Gorman about some of the items and Gorman indicated he talked to the County and he emailed the responses he received to Councilmember Schmitt and to Fehst. Fehst continued it is necessary to be a part of this plan for if and when we have an emergency in order to get reimbursed for those emergencies. H. Adopt Resolution 2013-112,being a resolution updating the income limit for senior citizen 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. Fehst stated this is a resolution that is done on an annual basis. I. Adopt Resolution 2013-105 establishing senior citizens or retired&disabled persons hardship Mecial 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. Fehst indicated this recognizes that if you are below the income limit of$33,000, you would be eligible for a special assessment deferral. J. Adopt Resolution 2013-116 to Receive Petition and Order the Preparation of a Feasibility Report 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 Avenue,between Benjamin and Arthur Streets. Fehst stated this was for approximately four residents that needed improvements on their storm drainage areas. This will allow the City to do a study in order to get an estimate of costs to do the project. Once we receive these estimates,we can determine if it is feasible to do the repairs, determine the costs to do these improvements, and then we would set a public hearing. 9 City Council Meeting Minutes Monday,December 9,2013 Page 4 of 18 K. Adopt Resolution 2013-115 being a Resolution Accepting Bids and Awarding the Contract for 2013 Sanitary Sewer Lining, City iect 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. Fehst indicated we have worked with Insituform on many occasions and staff is requesting to have them do the work of fixing the pipes that have cracks in them. Fehst stated this is a less expensive way of repairing them as opposed to digging down and breaking up the road. The City has been doing it this way for quite a while and it seems to be working. L. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for December 9, 2013. M. Polnent 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 150346 through 150499 in the amount of $3,626,434.78. Motion by Williams, seconded by Diehm,to approve the Consent Agenda. Upon Vote: All ayes. Motion carried. Nawrocki asked what the meeting date in November would be. Fehst responded that it would be back to the 10''. 6. PUBLIC HEARINGS A. Adopt Resolution No. 2013-117 being a Resolution approving a site plan for a new restaurant located at 4001 University Avenue NE Motion by Diehm, seconded by Williams,to waive the reading of Resolution No. 2013-117, there being ample copies available to the public. Upon Vote: All ayes. Motion Carried. Motion by Diehm, seconded by Williams,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. Assistant Community Director Joe Hogeboom informed the Council that the property owner originally submitted plans for a gas station,but he has had some financial issues and has now decided to build a restaurant. The applicant would like to open by this coming spring. The proposed restaurant does meet the zoning requirements. It would be Greek/Palestinian food served in a deli/cafeteria style. They are proposing an outdoor patio on the site. It does have enough outdoor parking, which would be thirty spaces. There are currently two access points to 10 City Council Meeting Minutes Monday,December 9,2013 Page 5 of 18 this property on 40th and the Planning and Zoning Commission is recommending that the one closest to University be closed. The entrance off the frontage road along University will remain open as well. The row of windows on the second floor would be removed. Hardy board would be recommended for the siding. Staff looked at the request of the outdoor patio in further detail as there are adjacent residential properties and staff recommended limited hours of operation for the outdoor patio. On December 3rd there was a public hearing and several residents were in attendance and the main concern was for noise, screening, and parking issues. Planning Commission did vote 4:1,with one member abstaining from voting. Nawrocki stated the parking would be critical and he noted that 40th and 4th street are already full with cars. He asked why the Planning Commission was requiring the owner take out the drive up telephone. Hogeboom stated that it is not functional now and is not needed. Nawrocki replied that he feels with drive up telephones becoming a thing of the past, it may be nice to keep this one for residents that are in need of a drive up phone. He then asked what hardy board was. Peterson responded by saying that it is a type of cement board. Nawrocki indicated that the fencing looked pretty bad now and wanted to know if it would be replaced and would it be six or eight feet in height. Hogeboom stated the applicant stated he is intending to replace it,but if it is higher than six feet the applicant would need to apply for a variance and come back before the Planning and Zoning Commission to have it approved.Nawrocki stated he feels it should be a fence of eight feet in height that is placed there, as that is what was required when it was originally built. He then asked if the fence was going to come back before,the Council. Hogeboom replied if it is eight feet it would need to come back to the Council,but not if it is six feet or lower. At the Planning and Zoning meeting it was discussed with the applicant on what an eight foot fence would do with helping maintain some of the noise level as well has what it would look like. The Commission recommended that the owner go back and meet with the neighbors that are most closely affected by the project to see what their thoughts were. City code requires a fence of six feet or vegetative screening with leaves on it at least 80%of the time. Peterson recalled that the neighbors wanted a combination of a six foot fence and trees or vegetation and did not want an eight foot high fence. Councilmember Schmitt added that the resolution states that the fence will be repaired and wanted to know what"repaired"means. Councilmember Diehm stated it has to be brought up to code. Peterson clarified that in order to repair it, they may have to take it down and replace it. Mayor Peterson asked if there were any residents here that wanted to discuss this matter. Joan Dobbs,4024 4th Street, indicated they have not seen the owner since he attended the Planning and Zoning Commission meeting and he did not contact them after the meeting. Dobbs continued to say, if the owner is willing to do an eight foot fence that would make us feel more at ease, since it has taken so long from the time the building was taken down to where it is now. There are concerns currently about not enough parking with people that go to Sarna's and the Hookah Lounge and feels that extra parking spaces should be made to accommodate the restaurant. Neighbors are concerned with the noise, congestion, and the overall safety of the area if you add in another business that has more outdoor seating space. Dobbs would like to see the increase in height requirements for the fence put in writing. City Attorney Hoeft indicated we can only enforce what the City code allows us to do now, which is a six foot fence as this proposed use is an allowable use and does not require a conditional use permit. If the owner 11 City Council Meeting Minutes Monday,December 9,2013 Page 6 of 18 wants to have an eight foot fence,he would have to come in and apply for a conditional use permit. Diehm clarified that if they were applying for a conditional use permit we could add this as a reasonable condition,but since it is an allowable use,we cannot require them to add this. Peterson asked if it was not true that the petroleum company was not receptive to the owner putting a gas station there with one of the access points to the building being closed, therefore the gas company was not willing to partner with him. Hogeboom replied this was correct. Nawrocki inquired as to what happened to their request for a grocery store and what the upper level of the building would be used for. Hogeboom replied the applicant is proposing a deli/restaurant instead of the store and the upper level would be for storage. Nawrocki asked if they could expand and use it for restaurant seating in the future. Hogeboom indicated they would not be able to do this. Nawrocki indicated he would like to see what the height requirements were for the fence when the building was first built. Hoeft responded what was required back then is not legally relevant now. Peterson conveyed that he has met with the owner and the neighbors and he will see if something can be worked out. Mayor Peterson closed the public hearing at 7:45PM Upon Roll Call Vote: Schmitt; aye, Williams; aye, Diehm; aye,Nawrocki; abstain, Peterson; aye. 4 ayes: 1 abstention. Motion Carried. 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 City Levy, and gpproving the HRA Levy. Fehst stated this is the last year of our five year financial plan and we will be presenting another five year plan in the future. We would like to recognize that the legislator did in fact increase our state aid subsidy by$500,000 along with a substantial increase in our area wide fiscal disparities. Because of these aid increases, our original proposed levy increase of 3.8% ended up with a net result of an average decrease in taxes of 6.5% for our residents. Fehst also reminded the Council that our HRA levy was $183,000, which again is a half of a percent down from last year and is the sixth consecutive year that our HRA levy has had a decrease. The direction we gave our department heads was to stay within a 2% increase for our cost of living increase and they all came within this amount. The one time mandate of becoming tax exempt does not affect us very much at this time because we are not building anything at this time. We are asking Council to act on the library levy of$784,000 and it does include the expenses and revenue changes we made, the most significant one,recognizing the bond payments we are doing to underwrite the cost of the 2006 bond for the Public Safety building, and it also acknowledges the change for Out-of-Town Travel line item in the Mayor and Council budget if there is a need to become more involved politically to save elderly housing at Parkview Villas we may need to travel to Washington. Fehst recognized an article in the December 8a'paper that stated we pay the least amount of property taxes in the 80 cities for the median household and among the 80 households we have the third largest reduction in taxes being 12.6%. Motion by Diehm, seconded by Williams,to waive the reading of Resolution 2013-103,there 12 City Council Meeting Minutes Monday,December 9,2013 Page 7of18 being ample copies available to the public. Upon Vote: All ayes. Motion Carried. Nawrocki stated that the Council has removed nothing from the budget,but has moved some things from this year to next year. He asked where the money for travel was moved from. Fehst stated it was moved from the contingencies to out-of-town travel. Kloiber clarified that $3,600 was reclassified within the Mayor/Council budget into out-of-town travel.Nawrocki stated that we took that out of the budget along with food and we should have kept that in. Councilmember Diehm called Point of Order. Nawrocki continued to say that property taxes between 2003 and 2012 almost doubled in Columbia Heights and the debt has almost quadrupled. Peterson called Point of Order. Kloiber stated that the way that Nawrocki is stating his point is well meant but misleading. Today you adopt a levy amount unique to your City. Peterson called Nawrocki Out of Order. Motion by Diehm, seconded by Williams,to adopt Resolution 2013-103,being a resolution adopting a budget for the year 2014, setting the City Levy, and approving the HRA Levy. Upon Roll Call Vote: Schmitt; aye, Williams; aye, Diehm; aye,Nawrocki; nay, Peterson; aye. 4 ayes; 1 nay. Motion Carried. B. Bid Considerations C. New Business and Reports 8. ADMINISTRATIVE REPORTS Report of the City Manager: Fehst informed the Council we will not have a work session on January 6t'and would suggest that we instead meet at 5:45PM on Monday, January 13th prior to our regular meeting. Nawrocki indicated he went by 4911 University Avenue and it was cleaned up,but he thinks they may need additional pick up dates. He was glad to see it was picked up and hopes it stays that way. Nawrocki asked if there was any more follow up on the copper from the light poles. Fehst stated we did the follow up that was requested. Nawrocki wanted to know if they were replacing the copper wires that were stolen. Schmitt asked about adding to the January's agenda,the possibility of getting a Green Core member to share with the school district. Fehst indicated we could talk to Kathy Kelly and see if we can work together in getting someone. Nawrocki talked to someone at Medtronics and he got an address for Earl Bakken and asked staff to draft a letter to him about getting some help with building a library and he would be happy to sign it. 13 City Council Meeting Minutes Monday,December 9,2013 Page 8 of 18 Report of the City Attorney: Hoeft indicated he did not have anything to report at this time. Peterson wanted to thank staff and all the departments for all their hard work and stated that Columbia Heights is a better place than it was a year ago. He believes that Public Works has worked really hard with him on the statue. He thanked staff for the work they did on the budget and asked them to take it back to their staff that Council appreciates all the work they do. 9. CITIZENS FORUM Catherine Vesley, Library Board Member,wished the Mayor and Councilmembers a happy holidays on behalf of the Library Board. Vesley invited everyone to come see the National Lampoons Christmas Vacation at the Heights Theater at 1:30PM on Sunday, December 15th. Vesley also stated she supports councilmember Diehm's comments on our property values declining and we to have to look forward to do some progressive and interesting things to get people interested in our community. Peterson wished everyone a Merry Christmas and Happy New Year. Please remember SACA during this time of the year and the Lions are having a fundraiser on Friday night at Murzyn Hall they are having a wrestling match. Don't forget your service men and women; keep them in thoughts and prayers. 10.ADJOURNMENT Peterson adjourned the meeting at 8:25PM Tori Leonhardt City Clerk/Council Secretary 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 14 City Council Meeting Minutes Monday,December 9,2013 Page 9 of 18 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 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 15 City Council Meeting Minutes Monday,December 9,2013 Page 10 of 18 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. RESOLUTION NO. 2013-105 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL 16 City Council Meeting Minutes Monday,December 9,2013 Page 11 of 18 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. 17 City Council Meeting Minutes Monday,December 9,2013 Page 12 of 18 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 15th 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. 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; 18 City Council Meeting Minutes Monday,December 9,2013 Page 13 of 18 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. 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 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 $9.52 $11.21 certification and completion of in- 19 City Council Meeting Minutes Monday,December 9,2013 Page 14 of 18 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. 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 9th day of December, 2013. 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 20 City Council Meeting Minutes Monday,December 9,2013 Page 15 of 18 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 9th day of December, 2013. 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 103B.201 to 10313.251, 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. 21 City Council Meeting Minutes Monday,December 9,2013 Page 16 of 18 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 9t'day of December, 2013. 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. 22 City Council Meeting Minutes Monday,December 9,2013 Page 17 of 18 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. 2. Any new signage incorporated into the building or site shall meet the requirements of the 401h 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. 23 City Council Meeting Minutes Monday,December 9,2013 Page 18 of 18 Passed this 9th day of December, 2013. 24 COLUMBIA HEIGHTS PUBLIC LIBRARY Approved BOARD OF TRUSTEES 1/8/2014 MINUTES November 6, 2013 The meeting was called to order by Chair Patricia Sowada, at 6:34 p.m. Members present were: Nancy Hoium, Steve Smith, Patricia Sowada, Barbara Tantanella, Catherine Vesley and Council Representative Tami Diehm. Also present: Library Director Renee Dougherty and Recording Secretary Stacey R. Hendren. Sowada presented a thank you letter from Marlaine Szurek and the Library Foundation. The minutes of the October 2, 2013, Board meeting were approved as mailed. The bill list dated 10/2/13 was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 10/23/13 was reviewed. It was moved, seconded, and passed that the bills be paid. The 2013 accounting dated 11/6/13 was reviewed. Old Business: 1. Bethany Grabow, Children's Librarian, was unable to attend this evening,but will be introduced at the December Board meeting. Dougherty gave a brief overview of Grabow's qualifications. 2. The Board thanked Tantanella for attending the ACCAP HeadStart parent meeting in October. Tantanella provided hand-outs and information about the library to parents and staff and enjoyed the event. New Business: 1. Vesley reminded the Board of the Foundation fundraiser on December 15th at 1:00. Edward Copeland will be playing the Wurlitzer Organ followed by a movie presentation of"National Lampoon's Christmas Vacation." 2. Dougherty notified the Board that Candice Marsh, Library Aide, submitted her resignation and her last day was October 8th. Two current Pages applied for the position and Michelle Wermerskirchen was selected and will start her new position on November 19th. Ramon Gomez,Library Clerk, was offered a position as Police Clerk-Typist and submitted his resignation effective November 1st. The position was posted externally, 87 applications were received and 5 individuals will be interviewed on November 13th. 3. DALCO Roofing inspected the library roof on October 1st and recommended repairs that will be completed this month. Inspectors notified Dougherty that the roof will require replacement in 3-5 years. Board members discussed the cost of a new roof. Discussion continued regarding potential repairs to the current facility and a future library at 40th&Central,behind the Public Safety building, or at the Mady's site. Board members mentioned the recent formation of a City Arts Commission and City Bonding in 2013. 1- 11/6/13 25 4. Dougherty presented a request from Grabow to transfer funds. Hoium made a motion to transfer$421.87 from line 2187 (Book/CD Set)to line 2189 (DVDs)to purchase additional videos for the children's collection. The motion carried unanimously. 5. Hoium made a motion to accept the 2014 meeting dates as drafted. The motion carried unanimously. 6. The Board reviewed the September crossover statistics. Dougherty noted that circulation is up and the gate count is down over last year. Smith discovered an error in Computer Usage Info: Sessions Minutes Used. The correct amount for COH is 60,643. Dougherty notified the Board that she is currently working with the IS staff to allow patrons to extend their time if computers are available. 7. The Board reviewed the Unique Management Report for September. Items from the Floor: 1. The Library Board discussed recent articles in the paper concerning libraries and the cities of Hugo and Stillwater. 2. The Library will host"Coffee with a Cop" on November 12th from 6-7 p.m. The program is sponsored by the CH Police Department. 3. Deihm shared a recent news story about Columbia Heights Police Officer Beckett who shared a day with a boy who suffered from shaken baby syndrome and dreamed of being a cop. 4. The Mayor's Taste of Columbia Heights event will be on November 22"d from 6-10 pm. There being no further business, the meeting was adjourned at 7:20 p.m. Respectfully submitted, Stacey R. Hendren Recording Secretary, Library Board of Trustees The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services,programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services,programs, and activities. 2- 11/6/13 26 MINUTES OF PLANNING AND ZONING COMMISSION January 7,2014 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 December 3, 2013. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: 2014-0101 APPLICANT: Basha Mediterranean Wood Grill LOCATION: 4920 Central Ave NE REQUEST: Site Plan Approval Maher and Ann Ismail,representing MAI Construction, are requesting to amend the approved Site Plan for the Basha Mediterranean Wood Grill restaurant, located at 4920 Central Ave.NE. The applicant had obtained Site Plan approval in March, 2013 for the construction of the restaurant. At the time,the applicant proposed to construct a 40-seat outdoor patio on the south side of the building. The applicant now desires to enclose the patio, and utilize second floor space for a patio. 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 addition of enclosed space, a new Site Plan approval process is required. ZONING ORDINANCE The property located at 4920 Central Ave.NE is located in the General Business (GB)Zoning District. The properties to the west are located in the Duplex (R-213)Residential Zoning District and the properties to the north, south and west are located in the General Business (GB)Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Constructing a new restaurant is consistent with the City's Comprehensive Plan. 27 P & Z Minutes Page 2 January 7, 2014 DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the"Highway District" standards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing,by requiring a set of minimum standards for new construction along Central Avenue and 40th Avenue. The minimum standards were created by a task force of City Officials,business owners and residents, and adopted into the City Code by the City Council. As part of the initial Site Plan approval, the building had a second story added to the front of the building. This increased the building height to 33 feet, which is consistent with design guidelines. The addition also added different textures, awnings and ornamental features to the front and sides of the building that were consistent with design guidelines. Large brick faced pillars have been added to the front and sides as accents. The former blue color on the building has been replaced with stucco that has been painted with neutral browns. 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 1. Parking City Code requires the number of parking stalls equal to 30%of the building capacity of the restaurant. In consultation with the City Attorney's office, "building capacity"is understood to be number of seats in a restaurant. In this case,the proposed restaurant will have 120 indoor seats, and 40 outdoor seats. Therefore the restaurant is required to have 48 striped parking spaces. According to the submitted site plan, 55 striped parking spaces are provided. 2. Access Currently, the site has access to Central Avenue, as well as to a service drive to the west. No changes to access have been proposed since the initial Site Plan approval in March, 2013. 3. Other Issues Because the new proposed patio is elevated and is visible to residential properties to the west, staff is recommending that it be screened on the west side. No seating will be offered in the interior space of the building's second level; however, a stairway and elevator access to the patio will be provided in the interior space. All applicable Building Code requirements must be met for this to take place. 28 P & Z Minutes Page 3 January 7, 2014 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. 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. The proposed building meets all the minimum setback requirements and all Design Guideline requirements. Therefore, the properties in the immediate vicinity of the proposed development should not be adversely impacted. Staff recommends approval of the amended Site Plan now before the Commission. Questions from members: Lee asked why sprinklers are being required now and not at the last Site Plan approval. Hogeboom told her it is because the space is being expanded, so it triggers the sprinkler requirement. The entire main floor and enclosed porch area will be sprinklered. Kinney wanted clarification that there will be 40 seats in the main floor porch area and 40 additional seats on the second story patio and whether the parking requirements are still met with the additional seating. Hogeboom said the requirements are met and he also noted that there will not be any additional indoor seating on the second level, only on the patio on the south side of the building. Little commented that it seemed that he went ahead and constructed the patio area prior to getting the Site Plan approval being sought at this meeting. 29 P &Z Minutes Page 4 January 7, 2014 Szurek questioned whether there really is enough parking. She is concerned for the neighbors in the area as she feels the parking will be inadequate during Ramadan. She stated she understands it meets the Zoning Ordinance requirements and that the owner cannot control where people park,but she also realizes this is an issue with other businesses in the area and want the owner to be aware that there could be a problem. Hogeboom stated that staff is aware of this issue and that Police are monitoring and enforcing parking violations in a more rigorous manner. Fiorendino stated it meets the requirements and that we can't change the requirements based on "anticipated"problems. They agreed that it is something that will have to be dealt with if parking becomes an issue at certain times. Maher Ismail said he will make any accommodations necessary and stated that he hopes it won't be an issue. He said customers don't usually stay long during Ramadan. They tend to come and eat and leave within an hour's time. Public Hearing Opened. No one was present to speak on this issue. Public hearing Closed. Motion by Fiorendino, seconded by Little, to waive the reading of Resolution No. 2014-PZ01, there being ample copies available to the public.All ayes. MOTIONPASSED. Motion by Fiorendino, seconded by Little, to adopt Resolution No. 2014-PZ01, being a resolution approving a site plan,for an addition and outdoor eating area for the proposed Basha Mediterranean Wood Grill Restaurant, subject to the following conditions: 1. The parking stalls must meet the minimum width and length requirements of the Zoning Ordinance as well as the drive aisle width. 2. The second floor outdoor patio seating is limited to a total of a 40-seats. 3. The building shall be sprinkled, according to the requirements found in the Fire Code. 4. Screening of at least 80%opacity shall be installed on the west edge of the second floor patio. 5. The addition shall be consistent with the plans dated received August 26, 2013. 30 P &Z Minutes Page 5 January 7, 2014 RESOLUTION NO.2014-PZ01 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW RESTAURANT AT 4920 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA WHEREAS, a proposal (Case #2014-0101) has been submitted by MAI Construction, to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4920 Central 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 4920 Central Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on January 7,2014; 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. The parking stalls must meet the minimum width and length requirements of the Zoning Ordinance as well as the drive aisle width. 2. The second floor outdoor patio seating is limited to a total of a 40-seats. 31 P&Z Minutes Page 6 January 7,2014 3. The building shall be sprinkled,according to the requirements found in the Fire Code. 4. Screening of at least 80%opacity shall be installed on the west edge of the second floor patio. 5. The addition shall be consistent with the plans dated received August 26,2013. Passed this 7th day of January,2014, Offered by: Fiorendino Seconded by: Little Chair Roll Call: All ayes 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. Maher Ismail Date Ann Ismail Date CASE NUMBER: 2014-0102 APPLICANT: Antonio Vazquez Vidal 59324 1h St. NE Fridley,MN 55432 DEVELOPMENT: Dulceria La Central, LLC. LOCATION: 4220 Central Avenue NE REQUEST: Conditional Use Permit for Retail Sales Antonio Vazquez Vidal,representing Dulceria La Central, LLC., is seeking a Conditional Use Permit to operate a candy store at 4220 Central Ave.NE. A candy store,which is considered "retail",requires a Conditional Use Permit in the Limited Business District. 32 P&Z Minutes Page 7 January 7,2014 ZONING ORDINANCE The property located at 4220 Central Ave. NE is located in the Limited Business (LB)Zoning District. Adjacent properties to the north, south and east zoned General Business (GB)and Limited Business (LB), and properties to the east are zoned One and Two Family(R-2A) Residential. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Allowing a retail business to operate is consistent with the City's Comprehensive Plan. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Retail sales are specifically listed as a Conditional Use in the Limited Business (LB) Zoning District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for Commercial use. The proposed use is commercial in nature. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not result in additional noise, odor or vibration and should not disrupt neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use ofproperty in the immediate vicinity will not be diminished by adding a small retail establishment. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. There will be no physical changes to the appearance of the existing building to accommodate the candy store. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. 33 P &Z Minutes Page 8 January 7, 2014 (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The proposed candy store is not anticipated to create traffic issues. (h) The use will not cause a negative cumulative effect,when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. There is no anticipated negative cumulative effect associated with the addition of the candy store. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. Staff recommends approval of the proposed Conditional Use Permit for a retail establishment at 4220 Central Ave NE. Questions from Members: Little said this is a challenging site due to the small amount of parking area. He feels this type of business is a good use for the site. Fiorendino asked if the license applicant would be making changes to the building at all. The applicant said the Dept. of Agriculture is requiring a couple minor modifications (correct in bathroom and to the curbing or base of the exterior). Other than that,he will not be doing any further remodeling. Lee asked if this was the site that the Taco Wagon sits on. Antonio Vidal said, yes,that the Taco Wagon is his. He said he already rents a space in the building to store items in and that he decided he might as well use the space for something else also. Kinney asked if accommodations would be made so that customers of the food wagon would be allowed to eat inside. Hogeboom said that is not the intent. The Dept of Agriculture only allows the retail sale of pre-packaged candy and other similar items. It is to be used for strictly retail purposes. Public Hearing Opened. No one was present to speak on this matter. 34 P &Z Minutes Page 9 January 7, 2014 Public Hearing Closed. Motion by Little, seconded by Kinney, that the Planning Commission recommends that the City Council approve the Conditional Use Permitfor a retail establishment located at 4220 Central Avenue NE subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The nature of sales associated with this business shall be limited to prepackaged candy and complimentary items. 2. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives. This item will go to the City council at the January 13, 2014 meeting. RESOLUTION NO. 2014- RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A RETAIL ESTABLISHMENT AT 4220 CENTRAL AVENUE NE WITHIN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA WHEREAS, a proposal (Case #2014-0102) has been submitted by City Staff to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4220 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110(D),to allow a retail sales operation in the Limited Business(LB)Zoning District WHEREAS,the Planning Commission has held a public hearing as required by the city Zoning Code on January 7,2014; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan,as well as any concerns related to compatibility of uses, traffic,property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 35 P&Z Minutes Page 10 January 7,2014 1. The use is one of the conditional uses listed for the zoning district in which the property is located,or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER,BE IT RESOLVED,that the attached conditions,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: 1. The nature of sales associated with this business shall be limited to prepackaged candy and complimentary items. 2. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives. NEW BUSINESS Hogeboom told members that the City of Columbia Heights and the City of Fridley is holding a small business seminar on Saturday, January 25, 2014. It will be held at the Islamic Center in Fridley at 11 am and will last approximately 2 hours. The Twin Cities North Chamber of Commerce will also be assisting with this venture. Some of the items that will be discussed are as follows: *Zoning Ordinances and how they impact permitted use of a site *Licenses and permits that may be required in order to operate a particular business or to do remodeling to accommodate the needs of that business. *Information on how to obtain Legal Advice *Operating Capital/Funding Resources for a small business *Where to find assistance in setting up a business plan The meeting was adjourned at 7:40 pm. Respectfully submitted, Shelley Hanson Secretary 36 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: January 13,2014 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER APPROVAL ITEM: Designating an Official BY: Tori Leonhardt BY: Newspaper for 2014 DATE: January 3, 2014 DATE: NO: Each year the City Council appoints Council Liaisons to City Boards and Commissions and assigns Council Liaisons and City Staff to External Boards. The City Boards and Commissions that have Council Liaisons appointed to each year are: Library Board Park and Recreation Commission Planning and Zoning Commission Traffic Commission Charter Commission The External Boards that have Council Liaisons and City Staff assigned each year are: League of Minnesota Cities Mississippi Water Management Organization Rice Creek Watershed Advisory Board North Star Corridor Joint Law Enforcement Council Recommend Motion: Move to approve the Mayor's appointments to City Commissions: Councilmember Diehm to the Library Board,Mayor Peterson to the Park and Recreation Commission,Councilmember Williams as an alternate to the Park and Recreation Commission,Mayor Peterson to the Planning and Zoning Commission, Councilmember Williams as an alternate to the Planning and Zoning Commission,Councilmember Schmitt to the Traffic Commission,Councilmember Diehm to the Charter Commission and Mayor Peterson as an alternate. Recommended Motion: Move to approve the Mayor's appointments to External Boards: Councilmember Nawrocki to the League of MN Cities,City Manager Walt Fehst as an alternate to the League of MN Cities, Councilmember Schmitt to the Mississippi Water Management Organization,Councilmember Williams to the Rice Creek Watershed Advisory Board,Public Works Director/City Engineer Kevin Hansen as an alternate to the Rice Creek Watershed Advisory Board,Councilmember Nawrocki to the North Star Corridor,Mayor Peterson to the Joint Law Enforcement Council and Chief Scott Nadeau as the alternate to the Joint Law Enforcement Council. COUNCIL ACTION: 37 2014 COUNCIL LIAISONS/CITY STAFF ASSIGNMENTS (Upon Council Approval) City Commissions Library Board Tami Diehm Park&Recreation Commission Gary Peterson Bobby Williams - alternate Planning & Zoning Commission Gary Peterson Bobby Williams- alternate Traffic Commission Donna Schmitt Charter Commission Tami Diehm—delegate Gary Peterson-alternate External Boards League of Minnesota Cities Bruce Nawrocki—delegate Council/City Manager—alternate Mississippi Water Management Organization Donna Schmitt Rice Creek Watershed Advisory Board Bobby Williams—delegate Kevin Hansen—alternate North Star Corridor Bruce Nawrocki Joint Law Enforcement Council Gary Peterson—delegate Chief of Police -alternate HBoards&Commissions/2014 Council Liaisons 38 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of January 13, 2014 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER APPROVAL ITEM: Designating an Official BY: Tori Leonhardt BY: Newspaper for 2014 DATE: January 3, 2014 DATE: NO: Each year the City Council designates an official newspaper for publishing of legal notices and other required publications. State statute requires the newspaper to be published at least twice a month,be a Legal Newspaper registered with the Secretary of State's office,be circulated in the political subdivision which it purports to serve, and have at least 400 copies regularly delivered to paying or non-paying subscribers, or 250 copies delivered to paying or non-paying subscribers if the political subdivision it purports to serve has a population under 1,300, have no more than 75 percent of its printed space comprised of advertising material and paid public notices in at least half of its issues each year, have its known office of issue established in either the county in which it lies, or the political subdivision which the newspaper purports to serve, file a copy of each issue immediately with the State Historical Society, be made available at single or subscription prices to any person or entity requesting the newspaper,have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication,between September 1 and December 31 of each year publish a sworn United States Post Office periodicals-class statement of ownership and circulation, and after publication, submit to the secretary of state by December 31 a filing containing the newspaper's name, address of its known office of issue, telephone number, and a statement that it has complied with all of the requirements of this section and paid the $25 fee. The Sun Focus submitted a letter of interest for 2014. The Sun Focus fees are $10.76 per column inch for first insertion and 5.43 per column inch, for each subsequent insertion. Most of the legal notices we do are subsequent insertions. Recommend Motion: Motion to designate the Sun Focus News as the City of Columbia Heights official legal newspaper for 2014. COUNCIL ACTION: hA2014 legal newspaper 39 CE,,M-' CIFIM MEDIA December 2013 City of Columbia Heights City Council 590 40th Avenue NE Columbia Heights,MN 55421 Dear City Council Members: Please accept the following bid from the Columbia Heights/Fridley Sun-Focus for legal newspaper designation for the City of Columbia Heights.This newspaper is qualified by the State of Minnesota as a legal newspaper under Minnesota Statutes Section 331A.02,Subd. 1. The following rate structure for legals is effective January 1, 2014: First insertion: $10.76 per column inch Subsequent insertions: $5.43 per column inch Characters per inch: 320 Lines per inch: 9 In January,font size and formats will be standardized across all of our newspapers.Your legal notices will be published in 7 point type.This change has been taken into consideration when calculating your 2014 rate.Your 2014 rate represents a 5%increase over last year. A notarized affidavit will be provided for each notice published.Additional affidavits are$2.50 each. A$20.00 charge will be assessed on legal notices that require typing.All published legal notices are posted on the Sun-Focus website at no additional charge. The Sun-Focus is published weekly on Thursdays.The deadline is 11:00 a.m. on Monday for publication on Thursday of the same week.Please email legal notices to sunlegals @ecm-inc.com. Thank you for considering the Sun-Focus as the official newspaper for the City of Columbia Heights for the upcoming year.We appreciate the opportunity to serve the needs of your community. Sincerely, Michael Jetchick Sales Manager 10917 VALLEY VIEW ROAD,EDEN PRAIRIE,MN 55344 • 952-846-2019 • FOCUS.MNSUN.COM 40 CITY COUNCIL LETTER Meeting of January 27, 2014 AGENDA SECTION: Consent Agenda ORIGINATING CITY DEPARTMENT: MANAGER NO: Fire APPROVAL ITEM: Appoint Mayor & City Manager to BY: Gary Gorman BY: Relief Association Board of Trustees DATE: January 27, 2014 DATE: NO: Background: State Statute 424a.04 mandates that the City Council annually appoint two trustees to the Columbia Heights Volunteer Firefighters Relief Association board of trustees. Under the Statute one of the trustees must be an elected official and the other can be an elected or appointed official. In the past the Mayor and City Manager have been the two trustees appointed to the board. Analysis/Conclusions: To maintain consistency, and to follow State Statute the Columbia Heights Volunteer Firefighters Relief Association is requesting the City Council to appoint the Mayor and City Manager to the board of trustees. RECOMMENDED MOTION: Move to appoint the Mayor and City Manager to the Columbia Heights Volunteer Firefighters Relief Association board of trustees for 2014. COUNCIL ACTION: 41 CITY COUNCIL LETTER MEETING OF: JANUARY 13,2014 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: DESIGNATE OFFICIAL DEPOSITORIES BY: Jackie Senko BY: FOR THE CITY OF COLUMBIA HEIGHTS DATE: January 7,2014 RESOLUTION NUMBER 2014-01 Each year the council designates by resolution the depositories for city funds and investments. The attached resolution follows the general format of the resolution passed in previous years. Under this resolution, investment firms that may be used by the city must be located in the State of Minnesota and all investments must comply with authorized investments as set forth in Minnesota statutes. Although the City's general banking transactions are conducted through Northeast Bank, the City of Columbia Heights does maintain accounts at Wells Fargo Bank of Minnesota,N.A. and U.S. Bank for certain ancillary or specialized services. It is staff's recommendation that we maintain these three banking relationships as they meet the City's current needs and, in combination, they provide capacity for addressing the City's evolving needs for electronic banking services. RECOMMENDED MOTION: Move to waive the reading of Resolution 2014-01, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2014-01, being a resolution designating official depositories for the City of Columbia Heights. Attachment COUNCIL ACTION: 42 RESOLUTION NO. 2014-01 DESIGNATE OFFICIAL DEPOSITORIES FOR THE CITY OF COLUMBIA HEIGHTS IT IS HEREBY RESOLVED,that Northeast Bank, Wells Fargo Bank of Minnesota,N.A., and U.S. Bank are hereby designated as depositories of the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on deposit with said banks shall be signed by the following: Mayor City Manager Treasurer-Finance Director and that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED,that Northeast Bank,Wells Fargo Bank of Minnesota,N.A., and U.S. Bank are hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the following: Mayor City Manager Treasurer-Finance Director and that Northeast Bank, Wells Fargo Bank of Minnesota,N.A., and U.S. Bank shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the Treasurer or other officer of his corporation. BE IT FURTHER RESOLVED, with respect to limited-purpose imprest bank accounts at Northeast Bank,the applicable signatories in the foregoing part of this resolution, for both original and facsimile signatures, shall be any two of the three persons listed above. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s)with it,be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any,relating to deposits,withdrawals, re- discounts and borrowings by or on behalf of this corporation with said banks prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank designated above as a depository,may be used as a depository for investment purposes, so long as the investments comply with authorized investments as set forth in Minnesota Statutes. 43 BE IT FURTHER RESOLVED,that any brokerage firm with offices in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. Passed this 13th day of January, 2014 Offered by: Seconded by: Roll Call: Mayor Gary Peterson Ton Leonhardt, City Clerk'Council Secretary 44 CITY COUNCIL LETTER MEETING OF: JANUARY 13,2014 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: ACCEPT CERTAIN DONATIONS BY: JACKIE SENKO BY: RECEIVED BY THE CITY OF COLUMBIA HEIGHTS DATE: January 13,2014 RESOLUTION NUMBER 2014-02 Annually, staff compiles in resolution format a list of private donations received by the City and submits these for formal acceptance by the City Council. The main intent of this is to comply with Minnesota Statute 465.03 Gifts to Municipalities. That statute provides that municipalities can accept donations subject to donor terms, if the acceptance is by a resolution approved by at least two-thirds of the City Council. It should be noted that this statute prohibits accepting donations with religious or sectarian purposes. Staff recommends that the City Council adopt the following motions: RECOMMENDED MOTION: Move to waive the reading of Resolution 2014-02, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2014-02, being a resolution to accept certain donations received by the City of Columbia Heights. Attachment COUNCIL ACTION: 45 RESOLUTION NO. 2014-02 ACCEPT CERTAIN DONATIONS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS WHEREAS, the City Of Columbia Heights has received the following donations; BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Columbia Heights accepts these donations, subject to the donor-prescribed terms listed: Date Donor Doc Ref Amount Purpose 3/18/2013 Anonymous 146007 100.00 FIRE 5/10/2013 Alerus Financial 146495 100.00 POLICE 5/13/2013 Friends of Columbia Heights 146514 958.00 LIBRARY 5/16/2013 Di eh m,Tammera 146552 100.00 COUNCIL 7/8/2013 Anonymous 147093 20.00 LIBRARY 8/1/2013 Anonymous 147404 50.00 FIRE 11/18/2013 Anonymous 148761 55.00 LIBRARY 12/23/2013 Stahlmann, Michael 149080 40.00 LIBRARY 12/31/2013 Columbia Heights Activity Fund 149144 29,153.34 Round about&Hentges Garden 12/31/2013 Columbia Heights Activity Fund non-cash 12,849.50 Round about&Hentges Garden 43,425.84 6/18/2013 PALS 146905 100.00 FIREWORKS 7/10/2013 KORDIAK,IIM 147148 25.00 FIREWORKS 7/10/2013 BAKER DRYWALL,LLC 147149 100.00 FIREWORKS 7/10/2013 NORTHEAST BANK 147150 100.00 FIREWORKS 8/2/2013 CRESTVIEW MGMTSERVICES 147428 50.00 FIREWORKS 8/14/2013 CH LIONS CLUB 147566 750.00 FIREWORKS 6/14/2013 VFW LADIESAUX.230 146860 100.00 HEIGHTIDOL 6/14/2013 CH SISTER CITIES 146862 100.00 HEIGHT IDOL 6/14/2013 CH LIONS CLUB 146863 100.00 HEIGHT IDOL 6/14/2013 FINANCIALONE CREDIT UNI 146864 50.00 HEIGHT IDOL 2/5/2013 2013 CALENDAR SALES 145704 200.00 RECREATION 2/28/2013 CH ATHLETIC BOOSTERS CLU 145865 2,800.00 RECREATION 5/2/2013 COLUMBIA HEIGHTS ATHLETI 146396 10,000.00 RECREATION 6/14/2013 TWINS COMMUNITY FUND 146861 1,000.00 RECREATION 7/18/2013 CH ATHLETIC BOOSTERS CLUB 147249 4,500.00 RECREATION 10/3/2013 TWINS COMMUNITY FUND 148155 1,000.00 RECREATION 2/11/2013 SHAMROCK CASINO TOURS 145737 20.00 SENIOR PROGRAM 5/10/2013 SHAMROCK CASINO TOURS 146506 20.00 SENIOR PROGRAM 7/10/2013 BETTY DAVIS ESTATE 147152 150.00 SENIOR PROGRAM 21,165.00 64,590.84 Passed this 13th day of January, 2014 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Tori Leonhardt, City Clerk/Council Secretary 46 CITY COUNCIL LETTER MEETING OF: JANUARY 13, 2014 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: APPROVE PURCHASE BY: JOSEPH KLOIBER BY: ADDITIONAL NETWORK STORAGE IN 4w THE AMOUNT OF $29,702 DATE: JANUARY 9,2014 The 2014 budget adopted by the City Council for the information systems department includes increasing the amount of centralized storage available for the City's computer network. A memo from the IS director further detailing this purchase is attached. Staff recommends the City Council adopt the following motion: RECOMMENDED MOTION: Move to approve the purchase of additional network storage from Hewlett-Packard,through Works Computing Inc., in the amount of$29,702. JK CouncilLetter_040113_StrageUpgrade.docx Attachments COUNCIL ACTION: 47 CITY OF COLUMBIA HEIGHTS DATE: January 9, 2014 TO: Joseph Kloiber, Finance Director FROM: Aleksandr Chernin, IS Director RE: Primary storage upgrade Our primary storage system will not be supported by the vendor after March 31, 2014. 1 have budgeted $42,750 for its replacement this year and recommend upgrading it to HP StoreVirtual 4330 at the total cost of$29,702 if purchased from Works Computing. The primary system stores disks for major virtual servers, as well as user data. It consists of two LeftHand Networks storage modules. We bought the current system in 2008) and it proved to be a very reliable platform. One storage module is located at the City Hall, another—at the Public Safety Center, with real-time synchronization between the modules. This configuration makes major servers and user data available during environmental and network problems that may occur at one site. The new storage system will be set up the same way. LeftHand Networks company was purchased by HP in 2008, and HP has been actively developing their product line, currently under the "StorageVirtual" name. While preparing 2014 budget, I obtained information and quotes or price estimates for alternative storage solutions by NetApp, EMC,Scale Computing, and Nimble. None of these vendors can match features of the proposed HP solution, especially real-time synchronization, within the price range of HP. Useable capacity of the new system is about 6 TB (compared to 2.6 TB at the current system). With upcoming expansion of secondary storage and recent purchase of data migration software, this capacity should be enough for at least 4 years. (L AA _ G:\M1S\Prcjects\2014\2014-01 Storage upgrade\Storage_memo 20140109.docx 48 CITY COUNCIL LETTER Meeting of: JanuaKy 13 2014 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: PUBLIC WORKS BLANKET BY: K. Hansen BY: ORDERS FOR 2014 PURCHASES DATE: January 6,2014 DATE: Background: Public Works has several purchases that are routine in nature and repetitive each year but require Council approval because they exceed the charter limitation of$15,000. Staff is requesting authorization to process blanket purchase orders for 2014 to cover the items described herein. Analysis/Conclusions: The adopted 2014 Public Works budget has the following amounts established for: 2014 Budgeted Amounts • De-icing salt for sanding operations $ 27,270 • Fuel for City vehicles $175,375 • Bituminous asphalt for patching and paving $ 45,850 • Water Service Stop Box Repairs $ 65,610 Public Works Department purchases de-icing salt off of the State of Minnesota Contract,which is bid for the 2013-2014 winter season for multiple municipalities.The 2013-2014 contract for salt is in effect from June 8,2013 until June 7,2014, so the vendor and unit price may change.The current contract supplier is North American Salt. In the past,the City has purchased its unleaded and diesel fuel from two sources:the State of Minnesota fuel purchasing contract and the Anoka County Cooperative Purchasing Contract. The City will purchase 70%of its fuel off the state contract and the remainder off the lowest available purchasing contract,which in recent years has been Anoka County.For street patching and repairs, staff obtains unit price bids for asphalt materials annually,and in 2013,the primary source was Commercial Asphalt,but is subject to mix(type)availability on high demand days. For delinquent accounts and foreclosed properties,the City makes water stop box repairs in accordance with City ordinance.Pricing for curb stop repairs is provided on a unit price basis for a one-year term through 2014. Recommended Motion: Move for approval to authorize staff to process blanket purchase orders in an amount not to exceed the 2014 budget amounts for: • De-icing salt for salt/sanding operations purchased off the State of Minnesota Purchasing Contract. • Fuel (unleaded and diesel) for City vehicles from the State of Minnesota Purchasing Contract and the Anoka County Cooperative Agreement. • Bituminous asphalt for patching/paving City streets and alleys from Commercial Asphalt,or City of St.Paul,or T.A. Schifsky& Son's. • Curb stop and service repairs, for delinquent accounts and foreclosed properties. KH:bt COUNCIL ACTION: 49 CITY COUNCIL LETTER Meeting of: January 13, 2014 AGENDA SECTION: CONSENT ORIGINATING CITY MANAGER NO: DEPARTMENT: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BY: K. Hansen BY: 14144�- ENGINEERING PROPOSALS FOR THE DATE: 1/8/14 DATE: UPDATE TO THE CITY'S WATER RESOURCE MANAGEMENT PLAN Minnesota law requires that all municipalities develop a water resources management plan(MN Statutes 473). The general process is as follows: The State creates the rules(and order) in which the standards and processes for protecting surface and ground water are drafted and approved. The Board of Water and Soil Resources (BSWR) adopts rules that establish the minimum standards in the State for surface water management(MN Rule 8410). Each jurisdictional Water Management Organization(a WMO or Watershed District—WD) in the State prepares and adopts a plan based on the rules established by the BWSR. Within two years from the date that the WMO or WD has adopted their watershed plan, each municipality within that jurisdiction must adopt a local surface water management plan that is consistent with all WMO or WD plans they are in. WMO or WD plans are updated on a 10-year cycle. Columbia Heights is in the Rice Creek Watershed District(RCWD) and Mississippi Water Management Organization(MWMO). The City first created a Water Resource Management Plan(WRMP) in 1992, adopted in 1993. The intent of the original plan was to guide the City in managing its surface and ground water resources. Its main purpose was to enable the City to develop drainage facilities in a cost effective manner, while maintaining or improving the quality of its water resources. As required by law, local water management plans must, at a minimum, conform to jurisdictional watershed plans affecting the City. The local plan was updated in 2000 for conformance with updates of Minnesota Rules 8410 and the second generation plans from the jurisdictional watersheds. The third generation plan for the Rice Creek Watershed was completed in 2011. With the dissolution of the Six Cities WMO in 2011,the City became a member of the Mississippi WMO in 2012. Their third generation plan was completed in 2013. The attached sheet is from the City of Columbia Heights 2010 Comprehensive Plan, accepted by the Metropolitan Council for delaying our WRMP update. We are now required to update our WRMP to meet state law and RCWD and MWMO requirements. Recommended Motion: Move to authorize staff to obtain engineering proposals from consultants for the update to the City of Columbia Heights Water Resource Management Plan. Attachment COUNCIL ACTION: 50 Columbia Heights 2030 Comprehensive Plan Chapter 7 — Surface Water Management Introduction Columbia Heights prepared a Water Resources Management Plan in 2000 to conserve its water resources, to mitigate or prevent flood damage, to protect natural watercourses and shoreline, and to guide its operation and maintenance procedures. Columbia Heights intends to update its plan when the two watersheds complete their own recently initiated watershed plan updates. Six Cities Watershed Management Organization anticipates completing their plan in (July 2010) while Rice Creek Watershed District proposes completing their plan in (June 2010). It makes little sense for Columbia Heights to update its WRMP for the 2030 Comprehensive Plan Update and then update it again in a couple of years to be compatible with new watershed plans. Consequently, the city has chosen to delay its WRMP update. The purpose of this chapter of the Columbia Heights Comprehensive Plan, is to demonstrate how Columbia Heights' current WRMP, when combined with its current procedures, policies, and MS4 permit responsibilities meets Metropolitan Council's requirements as outlined in the 2030 Water Resources Management Policy Plan. State Statutory Requirements for Local Surface Water Management Plans Minnesota Statute 10313.235 defines content for local water management plans. According to the statute's text the requirements for local plans are: 1) After the watershed plan is approved and adopted, or amended, pursuant to section 10313.231, the local government units having land use planning and regulatory responsibility for territory within the watershed shall prepare or cause to be prepared a local water management plan, capital improvement program, and official controls as necessary to bring local water management into conformance with the watershed plan within the time period prescribed in the implementation program of the watershed plan and, as necessary, shall prepare or cause to be prepared amendments to the local comprehensive plan. 2) Each local plan, in the degree of detail required in the watershed plan, shall: 1. describe existing and proposed physical environment and land use; 2. define drainage areas and the volumes, rates, and paths of stormwater runoff; 3. identify areas and elevations for stormwater storage adequate to meet performance standards established in the watershed plan; 4. define water quality and water quality protection methods adequate to meet performance standards established in the watershed plan; 5. identify regulated areas;and 6. set forth an implementation program, including a description of official controls and,as appropriate, a capital improvement program. Chapter 7—Surface Water Management 1 51 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of January 13, 2014 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Conditional Use Permit for retail sales at BY: Joe Hogeboom BY: Dulceria La Central, LLC -4220 Central Ave. DATE: January 9, 2014 BACKGROUND: Antonio Vazquez Vidal, representing Dulceria La Central, LLC., is seeking a Conditional Use Permit to operate a candy store at 4220 Central Ave.NE. A candy store,which is considered"retail", requires a Conditional Use Permit in the Limited Business District. Operation of a candy store in this location is consistent with the Comprehensive Plan. Dulceria La Central will sell prepackaged candy. In addition to this Conditional Use Permit, the applicant must obtain a license from the Minnesota Department of Agriculture. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing on January 6, 2014 and recommended approval with two conditions listed in the staff report. RECOMMENDED MOTION: MOTION: Move to waive the reading of Resolution 2014-03, there being ample copies available to the public. MOTION: Move to adopt Resolution 2014-03 approving a Conditional Use Permit for Dulceria La Central, LLC to allow a candy store at 4220 Central Ave.NE, subject to two conditions listed. Attachments:Resolution 2014-03,Planning Report COUNCIL ACTION: 52 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2014-0102 DATE: December 30, 2013 TO: Columbia Heights Planning Commission APPLICANT: Antonio Vazquez Vidal 59324 th St. N E Fridley, MN 55432 DEVELOPMENT: Dulceria La Central, LLC. LOCATION: 4220 Central Avenue NE REQUEST: Conditional Use Permit for Retail Sales PREPARED BY: Joe Hogeboom, Assistant Community Development Director INTRODUCTION Antonio Vazquez Vidal, representing Dulceria La Central, LLC., is seeking a Conditional Use Permit to operate a candy store at 4220 Central Ave. NE.A candy store, which is considered "retail", requires a Conditional Use Permit in the Limited Business District. ZONING ORDINANCE The property located at 4220 Central Ave. NE is located in the Limited Business (LB) Zoning District. Adjacent properties to the north, south and east zoned General Business (GB) and Limited Business (LB), and properties to the east are zoned One and Two Family (R-2A) Residential. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Allowing a retail business to operate is consistent with the City's Comprehensive Plan. 50 3 City of Columbia Heights Planning Commission January 7, 2013 Dulceria La Central, LLC. - Conditional Use Permit Case # 2014-0102 FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Retail sales are specifically listed as a Conditional Use in the Limited Business (LB)Zoning District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for Commercial use. The proposed use is commercial in nature. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not result in additional noise, odor or vibration and should not disrupt neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of property in the immediate vicinity will not be diminished by adding a small retail establishment. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. There will be no physical changes to the appearance of the existing building to accommodate the candy store. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. Page 2 54 City of Columbia Heights Planning Commission January 7, 2013 Dulceria La Central, LLC. - Conditional Use Permit Case # 2014-0102 The proposed candy store is not anticipated to create traffic issues. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. There is no anticipated negative cumulative effect associated with the addition of the candy store. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. RECOMMENDATION Staff recommends approval of the proposed Conditional Use Permit for a retail establishment at 4220 Central Ave NE. Motion: The Planning Commission recommends that the City Council approve the Conditional Use Permit for a retail establishment located at 4220 Central Avenue NE subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The nature of sales associated with this business shall be limited to prepackaged candy and complimentary items. 2. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives. ATTACHMENTS • Draft Resolution • Location Map Page 3 55 z Z04L ° 0444 0044 r 5044 9404 LOLL 9044 Z170L L17O4 9COL 6£04 8COL LCOL 9COL 9£04 LCOL ZCOL 9COL 17COL EC04 8204 LZOL 9ZO4 6204 8ZO4 LZOL 8204 f OZOL LZOL OZ04 4Z04 W ZZOL LZOL OZOL / i 0404 6404 CM Q 9404 5404 17L04 cz�NM oo�NNM 4404 6004 N 2404 4404 0404 oz��� r= N M 4004 9004 0 9 N N 8004 LOOL W o £L6 0004 ��° N ZOOL COOL !Q r 0 696 996 L96 Z 896 996 596 °f °' Z96 £96 � 1796 096 656 856 £56 956 L56 1756 z s N M 956 556 456 9176 056 456 Z96 056 L176 9E6 — L176 9176 E176 8£6 C 8E6 L£6 I 9E6 Q 7",*1 e>r M I in as o a M d N N� r. r O O r M N N N N M v v v et -9AV 7b2/1N3� 3/1 7VULN30 er o w °n °a M N °O o r O L L17 O O N Nv I N� �N-- N� I a O r III V O> 0 0 r � 1 I 968 H a a M M N N o o O N I N N N N N N N N N N O £98 6b8 I`. a ( a v v a v v v a a v l w 176`8 X98 L48 M 698 968 m c°y 1S N-9dnG Nb'/1 m LSH £48 0 ! h O V I M M N N O O d N N N N N N N N N N N c !R ;' ❑ Lo x - Q N E W °° W co ui cl� cm Z Q a v a c v v v a v Q o -- - w > 1S NOSMDVr Z _ Q w o w O m N w a o m co v c0 00 a O t0 LO La N -e M M N N N O O 'v M M L N N N N N N N N N N N N r r r r r Vj C a v v a v v v It et v a a > J a O r• � M r M m � M m w) Of LO O N N N V V M M M N N O O O! O d' M M N N V m d _ N N N N N "t N N N N N N N r r r r r r r r r V V v v v a v v a v v v v v a v v v v v v v v p U - - - - c., o cv Ln 1sADNInb M rw m ig i- 0 00 IV O t0 O 0 O �T P O t0 N O 10 N W N N O O O N O N N 1A M M N N N O O �n O -e et M M M N J �� �L � v v v a v v a v v v c a s t v a ry t a r a RESOLUTION NO. 2014-03 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A RETAIL ESTABLISHMENT AT 4220 CENTRAL AVENUE NE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2014-0102) has been submitted by City Staff to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4220 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (D), to allow a retail sales operation in the Limited Business (LB) Zoning District WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on January 7, 2014; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 57 Resolution No. 2014-03 Page 2 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The nature of sales associated with this business shall be limited to prepackaged candy and complimentary items. 2. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives. Passed this 13th day of January 2014 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Tori Leonhardt City Clerk/Council Secretary 58 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of. January 13, 2014 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Adopt Resolution 2014-05, Authorizing BY: Joe Hogeboom BY: Application for 2014 Community DATE: January 13, 2014 Development Block Grant Funding BACKGROUND: At the November 4, 2014 EDA meeting, staff discussed the intention to apply for Community Development Block Grant(CDBG) funding to establish a commercial revolving loan program. The application process requires a copy of a city resolution to be submitted to the County. Staff is requesting up to $100,000 for this program. In 2012, the City applied for CDBG funding to implement a similar program. At that time, the County advised that the City specify what types of activities would be funded through the program. Staff recommends gearing the program toward providing funding for commercial sprinkler system installation and improvements,payment of SAC credits and physical building expansion and alteration projects. RECOMMENDATION: Staff recommends approving the resolution authorizing staff to apply for 2014 CDBG funding for commercial revolving loan funds. RECOMMENDED MOTION: Move to waive the reading of Resolution 2014-05, there being ample copies available to the public. Move to adopt resolution 2014-05, a resolution authorizing application for the 2014 CDBG funding for the purpose of providing commercial revolving loan funds in the amount of$100,000; and furthermore, to submit said application to Anoka County. Attachments:Resolution 2014-05 COUNCIL ACTION: 59 RESOLUTION 2014-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING APPLICATION FOR 2014 ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR THE PURPOSE OF PROVIDING COMMERCIAL REVOLVING LOAN FUNDS IN THE AMOUNT OF $100,000; AND FURTHERMORE, TO SUBMIT SAID APPLICATION TO ANOKA COUNTY WHEREAS,the City has a significant number of small vacant commercial buildings,and WHEREAS,The City has identified a need to assist entrepreneurs and small business owners in the community, and WHERAS,the City has identified goals and objectives through the EDA to continue efforts to improve the Central Avenue and other business corridors,and WHEREAS,the City is seeking Community Development Block Grant(CDBG)funds in an amount up to $100,000 for a commercial revolving loan fund,and WHEREAS,the direct financial assistance to for-profit business is listed as a high priority in the County's five year plan, and WHEREAS,the use of CDBG grants are consistent with the program's national objective of benefiting low and moderate income people,and NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights acts as the legal sponsor for the 2014 Community Development Block Grant Program to be submitted by January 16,2014;and BE IT FURTHER RESOLVED that the City of Columbia Heights has the legal authority to apply for financial assistance,and the institutional,managerial,and financial capability to ensure adequate project administration;and BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any federal,state,or local laws pertaining to fraud,bribery,graft,kickbacks,collusion,conflict of interest or unlawful or corrupt practice;and BE IT FURTHER RESOLVED that the City Manager or as required, and the Mayor, is hereby authorized to execute such agreements as are necessary to implement the project(s)on behalf of the applicant;and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has authorized staff to submit an application for$100,000 for a commercial revolving loan fund I certify that the above resolution was adopted by the City Council. PASSED THIS 13th DAY OF JANUARY 2014. OFFERED BY: SECONDED BY: ROLL CALL: Mayor-Gary L.Peterson Attest: Tori Leonhardt,City Clerk 60 CITY COUNCIL LETTER Meeting of January 13,2014 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Approve Gambling Permit, BY: Scott Nadeau BY: NO. Immaculate Conception Church DATE: December 19,2013 DATE: Bingo and Raffle Event on March 16,2014 BACKGROUND: Immaculate Conception Church, 4030 Jackson Street NE, has submitted a request for a gambling permit for a bingo and raffle event on March 16,2014. ANALYSIS/CONCLUSION: Since the organization satisfies the City Council resolution regarding one-time charitable gambling and has paid the$25 pen-nit fee, the following action is recommended. RECOMMENDED MOTION: MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and a raffle at their event being held March 16, 2014 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. COUNCIL ACTION: 61 MINNESOTA LAWFUL GAMBLING 1/13 Page 1 of 2 LG220 Application for Exempt Permit An exempt permit may be issued to a nonprofit organization that: Application fee (non refundable) - conducts lawful gambling on five or fewer days, and - awards less than $50,000 in prizes during a calendar year. If application is postmarked or received 30 days or If total prize value for the year will be$1,500 or less,contact the licensing more before the event $50; otherwise $100. specialist assigned to your county. ORGANIZATION INFORMATION Organization name Previous gambling permit number Church of the Immaculate Conception X-01151-13-014 Minnesota tax ID number, if any Federal employer ID number (FEIN), if any 8353667 41-0703859 Type of nonprofit organization. Check one. Fraternal X Religious Veterans Other nonprofit organization Mailing address City State Zip code County 4030 Jackson St. NE Columbia Heights MN 55421 Anoka Name of chief executive officer [CEO] Daytime phone number E-mail address John J. Mitchell 763-788-9062 jitchell @immac-church.org NONPROFIT STATUS Attach a copy of ONE of the following for proof of nonprofit status. Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 60 Empire Drive, Suite 100, St. Paul, MN 55103 Phone: 651-296-2803 IRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 677-829-5500. X IRS-Affiliate of national, statewide, or international parent nonprofit organization [charter] If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted. For raffles, list the site where the drawing will take place. Church of the Immaculate Conception Address [do not use PO box] City or township Zip code County 4030 Jackson St. NE Columbia Heights 55421 Anoka Date[s] of activity. For raffles, indicate the date of the drawing. March 16, 2014 -�Ie aUj ; r\ Q n cC_� j Check each type of gambling activity that your organization wi conduct. X Bingo* X Raffle Paddlewheels* Pull-tabs* Tipboards* *Gambling equipment for bingo paper, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mn.us and click on Distributors under the WHO S WHO?LIST OF LICENSEES, or call 651-639-4000. 62 LG220 Application for Exempt Permit 1/13 Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township The application Is acknowledged with no waiting period. The application is acknowledged with no wafting period. _The application is acknowledged with a 30 day waiting The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after 30 [60 days for a 1st class city]. days. The application is denied. The application is denied. Print city name Print county name Signature of city personnel Signature of county personnel Title Date Title Date TOWNSHIP.If required by the county. On behalf of the township,I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny Local,Chit of govemment must sign an application, per Minnesota Statutes 349.166.] Print township name Signature of township officer Title Date CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. Chief executive officer's signature J Date Z �s 3 Print name Rev. John J Mitch REQUIREMENTS Complete a separate application for: Financial report and recordiceeping required • all gambling conducted on two or more consecutive days, or A Financial report form and Instructions will be sent with your • all gambling conducted on one day. permit,or use the online fill-in form available at Only one application is required if one or more raffle drawings www.gcb.state.mn.us. are conducted on the same day Within 30 days of the event date, complete and return Send application with: the financial report form to the Gambling Control Board. _a copy of your proof of nonprofit status, and Questions? application fee (non refundable). Make check payable to Call the Licensing Section of the Gambling Control Board "State of Minnesota." at 651-639-4000. To: Gambling Control Board This form will be made available in alternative format(i.e.large print,Braille) 1711 West County Road B, Suite 300 South upon request. Roseville, MN 55113 Data privacy notice: The Information requested on this All other information provided will be prf- General; Commissioners of Administration, form(and any attachments)will be used by the Gambling vate data about your organization until the Minnesota Management&Budget,and Control Board(Board)to determine your organization's Board issues the permit. When the Board Revenue;Legislative Auditor,national and qualifications to be involved in lawful gambling activities in issues the permit,all information provided international gambling regulatory agencies; Minnesota. Your organization has the right to refuse to will become public. If the Board does not anyone pursuant to court order; other indi- supply the information; however,if your organization issue a permit,all Information provided viduals and agencies specifically authorized refuses to supply this information,the Board may not be remains private,with the exception of your by state or federal law to have access to able to determine your organization's qualifications and, organization's name and address which will the information; individuals and agencies as a consequence,may refuse to issue a permit. If your remain public. Private data about your for which law or legal order authorizes a organization supplies the information requested,the Board organization are available to: Board mem- new use or sharing of information after this will be able to process the application. Your organization's bers,Board staff whose work requires notice was given;and anyone with your name and address will be public information when received access to the information; Minnesota's written consent. by the Board. Department of Public Safety;Attorney `Jesus Christ is the same yesterday, today and forever." Archdiocese of Saint Paul and Minneapolis October 20,2009 Reverend Thomas Kunnel, TOR Church of the Immaculate Conception 4030 Jackson Street NE Columbia Heights, MN 55421-2929 Dear Father KunneI: The Church of the Immaculate Conception of Columbia Heights, a Minnesota religious parish corporation, is a.tax exempt organization under the provisions of Section 501(c)(3) of the Internal Revenue Code by reason of a Group Ruling issued to the United States Conference of Catholic Bishops by the Internal Revenue Service on July 28,2009, which is the latest annual update in a series that began with the original determination of March 25, 1946. A copy of the 2009 Group Ruling is enclosed. The Group Exemption Numbei is 0928. The Group Ruling provides that any organizations listed in the Official Catholic Directory for 2009 as being an agency, instrumentality and educational, charitable and religious institutions operated, supervised or controlled by or in connection with the Roman Catholic Church in the United States, are tax exempt. The Church of the Immaculate Conception of Columbia Heights is listed in the Official Catholic Directory fof 2009. A copy of the page from the directory showing that listing is enclosed. If you have any questions about the tax exempt status,please contact me. Thank you. _ Eisenzi6m.e Chancellor for Civ-lairs Enclosures 64 Internal Revenue Service Department of the Treasury P.O.Box 2508 Cincinnati,Olt 45201 Data: JUL 28,2009 Person to Contact: Roger Meyer Toff Free Telephone Number: 577-829-5500 United States Conference of Catholic ElWmps Employer tdenfiflca4forn Number: 3211 4Y'Street:N.E 53-0196617 Washington,D.C.20017-1194 Group Exemption Number: Dow Sir or Madam: In a ruling dated March 25, 1946,we held that the agencies and Instrumentalities am all educational, charitable and religious frWitutions operated,supervised,or controlled by or in connection wrath the Roman Catholic Church in the United States,its territories or possessions appearing in The OfficW Catholic Dtoctory 1946,are entitled to exemption from Federal income tax under the provis[orss of section 101(6)of Ste Internal Revenue Code of 1939,which corresponds to section 501(6)(3)of the 1986 Code. This riling has been updated anntially to cover tits organizations added to or deleted ffnm tf:te Directory. The Official Catholic Dlrecoy for 2009 shows the names-and addresses of all agencies and Inslrt ► ftias and all educational,eharitab4o,and rehUious insUMons operated by the Roman. Cathorso Churcb in the United States,its terntodes and possessions In existence at the thine the Direchuy vies puNlshed, it Is urdamtood that each of these is a non-profrtorganization,that no part of the net earnings thereof inures to the benefit of any individual,that no substantial part of their activities is for promotion of legislation,and that none are private foundations under section 5W(a)of tf'te Code. Erased on all information submitted,we conclude that tine agencies and Instrumentalities and educafforrai,charitable,and religious instihttiors operated,supervfsed9 or controlled by or In connection with the Roman Catholic Church in the United States,its temitoties or possessions appearing in 71te OtJckd CaOoilc Vinxtmry for 2009 are exempt from Federal tncorne tax under section 501(c)(3)of the Code. Donors may deduct contrtbutions to the agencies.Instrumentalities and instittttiorts reWred to above, as provided by section 170 of the Code. Bequests,legacies,devises,transfers,or gft to them or for their use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055,2106,and 2522 of the Code. a-finning Janu&ry 1, 1984,unless specifically excepted,you and your subodmates must pay tax uhaer the Federal Ins sane Contributions Act(FICA)for each employee who Is paid$100 or more In a calendar year,as indexed for inflation. You and your subordinates are not rgd*for the tax under the Federal Unemployment Taos Act(FUTA)- 05 The cor�concerning the mtentfon of your group exemption as set fortfi In our previous determination letter dated August 17, 1983,remain in full force and effect. Slncerey, 65A ch*W Manager,Exempt Organizaflons Detafmfnatfons 66 CITY COUNCIL LETTER Meeting of. January 13,2014 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: January 8, 2014 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the January 13,2014 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 January 13,2014 as presented. COUNCIL ACTION: 67 TO CITY COUNCIL January 13, 2014 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES-2014 BLDG *Jimbo's Plumbing LLC 1630 Fairway Dr, Col. Hts. $60 *Comfort Matters Htg& Cool 11238 River Rd, Hanover $60 *Gilbert Mech Contractors 4451 W 76th St, Edina $60 *Riccar Htg 2387 Station Pkwy,Andover $60 *Centraire Htg 7402 Washington Ave, Eden Pr $60 *Yale Mechanical 220 W 81St St,Bloomington $60 *Trent's Mechanical 1285 114th Ave#110, Coon Rapids $60 *PPM Mechanical 14995 Fischer Ave, Hastings $60 *New Century Systems 20150 75'11 Ave N, Corcoran $60 *Harris Contracting 909 Montreal Cir, St Paul $60 *Assured Htg&AC 13571 Balsam Lane N, Dayton $60 *Gent Ryan 2200 Hwy 13 W. Burnsville $60 *McDowall Co 1431 Prosper Dr, Waite Pk $60 *Horwitz Inc 4401 Quebec ave N,New Hope $60 *Practical Systems 4342 B Shady Oak Rd, Hopkins $60 *Louis DeGideo Services 21033 Heron Way, Lakeville $60 *Apollo Htg 6510 Hwy 36 Blvd, Oakdale $60 *Matthew Feldmeier LLC 3069 234th Ave NW, St Francis $60 *Patricki Plumbing 4241 6th St NE, Col. Hts $60 *Paladin Plumbing 13963 45th PI, St Michael $60 *Bredahl Pluumbing 8631 Jefferson Hwy, Maple Grove $60 *Baxter Mechanical Inc PO Box 591, Elk River $60 *Aeshliman Plumbing Inc 307 Jackson Ave#4, Elk River $60 Flohaug Plumbing LLC 46 105th Lane NW, Coon Rapids $60 *Champion Plumbing 3670 Dodd Rd,Eagan $60 *Norblom Plumbing 2905 Garfield Ave So, Mpls $60 *Superior Co of MN 1244 60th Avenue NW, Rochester $60 *Malt's Plumbing Solutions 5565 160'Ave NW, Ramsey $60 *Roto Rooter Services 14530 27th Ave N, Plymouth $60 *Mr. Rooter Plumb 5155 E River Rd, Fridley $60 *Plumb Right Corp 1216 82nd Ave,Brk Pk $60 *Century Plumbing 590 Hayward Ave N, Oakdale, $60 *Corval Constructors 1633 Eustis St, St Paul $60 *Kraus Anderson Const 525 So 8th St, Mpls $60 *Rainbow Tree 11571 K-Tel Dr, Mtka $60 *Hiawatha Tree 5225 42rd Ave So, Mpls $60 *Aaspen Tree 970 Wayzata Blvd, Wayzata $60 *Tree Hugger Tree PO Box 21543, Mpls $60 *FA Bartlett Tree 2724 Fernbrook Ln N,Plymouth $60 *Terra Canopies LLC 3610 46 '/2 Ave, Robbinsdale $60 *Western Tree 23712 150th St, Paynesville $60 68 *Treemendous Tree Care 3601 85b Ave N,Brk Pk $60 *Arbor Tree 7300 Noble Ave, Brk Pk $60 Sabre Communication Corp 2101 Murray st, Sioux City, IA $60 *Let's Get Graphic 8560 Cottonwood St, Coon Rapids $60 MASSAGE LICENSES POL *Hart Lake Massage/Jennifer Pyper-Munn 3813 Hayes St, Col. Hts. $500 1100 FOOD WAGON *El Taco Loco 5932 4t'' St, Fridley $50 To operate at 4220 Central Ave LIQUOR LICENSE POL Latin Kitchen 4005 Central Ave $8,700 GAMES OF SKILL Theisen Vending 2335 Nevada Ave. Golden Valley $105 For Family Dollar and Laundry World 69 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: January 13, 2014 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 150500 through 150925 in the amount of$ 1,997,738.25. 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H ct O m 1 O I W0 I U H H I U O t=i W oLnloloHcD.9PmNUtoLnLn -jW -7 t,mm--iLnLno0 -,3HLnLnN) O W PLOW m Ou oNwHUi � W0 W 0 0 0 P W 0 V mIPomwOo Auiwoo -tCnoiomH P "C tsi z N oUl W OD U1 NOO OIPOOOIA :1h Un ao�lmmNl0001POO �i CO iom W Nl0 ti MZ H U, o Cn to 4 Cn to o Cn�o o o o m Hit oD ko m o o j to m o o o o Pw WIP AN H m W n H t' C,r 2 H rHw U, o I-` IP m 000 ,titl U] h] Cn 00 �t r N w w H t+i nx > Li roH �x M H rii Cn H bd w w o y 23 n > x x x oEn r kD ro \H LIJ t7l x z !] o z C) n I •• H H I H r z I O 'fJ I N FC• n I m n 1 FA 0 I w t+] I Ul C) n H ko ko r x pp io w bd N A m v rr v, 0 w w t+] ri OD 0 3 "C to N N Ul Ui cri n 00 H rrH cn o IC .9, rn o00 ,ro U]n] Cn 00 -jr N w W H ;U 'rj W nx roH � x G] H trJ to CITY COUNCIL LETTER Meetin of January 13, 2014 AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Approve acquisition of 1301-1303 Circle BY: Joe Hogeboom BY: "Aw Terrace Blvd.—Resolution 2014-04 DATE: January 13, 2014 Background: Over the past five years,the City has been aggressively engaged in purchasing deteriorated properties through the Scattered Site Housing Program. Due to inflationary increases,the City has not purchased any properties through this program in the past two years. However, a key parcel has become available for acquisition. The subject property is located at 1301-1303 Circle Terrace Blvd. (Discuss size/condition of property). From a policy standpoint, the Subject Property does not achieve the blighted condition test that has been applied in the past; however, it's location in the Circle Terrace Neighborhood makes this a critical acquisition. The Subject Property is located between a parcel that contains a play lot and also that serves as an access to LaBelle Park. To the immediate north of the Subject Property is a lot that is owned by the Economic Development Authority. The importance of purchasing this property has been highly encouraged by the Police Department, as discussed in the attached memorandum. From a policy position, staff recommends acquiring this property for the following reasons: 1. This is a continuation of an attempt to minimize density within the Circle Terrace Neighborhood. 2. The acquisition allows the City the flexibility to sell the lot at a future date for development of a single family home, or to conjoin the property to the park/open space lot to the south. 3. This type of acquisition, in combination with possible future acquisitions in the neighborhood, can assist with the reduction of public safety issues. The funds that would be used to acquire the property would be drawn from Tax Increment Financing Fund 376. Recommendation: Staff recommends approval of Resolution 2014-04 and the acquisition of the Subject Property. Recommended Motion: MOTION: Move to waive the reading of Resolution 2014-04, there being ample amount of copies available to the public. MOTION: Move to adopt Resolution 2014-04, approving the acquisition of property located at 1301-1303 Circle Terrace Blvd NE; furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: Resolution 2014-04,MLS Listing,Location Ma COUNCIL ACTION: 85 ~ OZF, 0 0 co py CV ry LLI m � o � o L L F— o 00 a V = ol n C i 3 V t M O r-I M r-I m a. a a� m '° 1 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION NO. 2014-04 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 1301-1303 CIRCLE TERRACE BLVD IN THE CITY AND ASSIGNMENT THEREOF TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED By the City Council (the "Council') of the City of Columbia Heights, Minnesota(the"City") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority (the "Authority") administers the Downtown CBD Redevelopment Project (the "Project") within the City, which was established under Minnesota Statutes, Sections 469.001 to 469.047 (the"HRA Act"). 1.02. The Authority has undertaken a program to acquire homes in the Project in order to address foreclosure problems and remediate and prevent the emergence of blight. 1.03. The City, as a state public body under Section 469.041 of the HRA Act, is authorized to make contributions to the Project. 1.04. In order to acquire certain properties in a timely fashion, the City has determined to assist with such acquisitions by negotiating with sellers and entering into purchase agreements on behalf of the Authority. 1.05. City staff have negotiated a Real Estate Purchase Agreement with Fannie Mae (the "Seller") dated as of January 9, 2014, including all related addenda and disclosures thereto (collectively, the "Purchase Agreement"), for real property located at 1301-1303 Circle Terrace Boulevard Northeast and legally described as follows: Lot 10, Block 1, Circle Terrace Second Addition (the "Property"), which Purchase Agreement is contingent upon approval by the City Council. 1.06. The City intends to assign its interests in the Purchase Agreement to the Authority, contingent only upon acceptance by the Authority of such assignment. 1.07. The Purchase Agreement has been prepared and submitted and is on file with the City Manager. Section 2. Approval and Assignment. 2.01. The Purchase Agreement for the Property is hereby approved, and the execution of the Purchase Agreement by the City is hereby ratified. Pursuant to the Purchase Agreement, the City will purchase the Property for $160,000. City staff and officials are authorized and directed to take all such other actions to complete the purchase of the Property, including without limitation execution of all documents and agreements related to such transaction. 1 87 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and officials are authorized and directed to take all such other actions to complete the assignment of the City's interests in the Purchase Agreement to the Authority, including without limitation execution of any documents and agreements necessary to effectuate such assignment. Passed this 13'h day of January, 2014 Offered by: Second by: Roll Call: ATTEST: Mayor Gary L.Peterson Tori Leonhardt,City Clerk/Council Secretary 2 88 1301-1303 Circle Terrace Boulevard NE, Columbia Heights, MN 55421 Status:ActiveList Price: $174,900 Original List Price:$174,900 j , ti � r Yar1C �. 44th Ave NE 65 _ w Z ` LU \J� 1 EMIL. a Z QQi F0 Park C V 40th Ave NE Z Pres, Ndrthstar k-11 39th Ave NE P 1 / 10 s "v a c3 3 iS^�osaft mar lion (y ua y NE 37th Ave 37th Ave r0 2,3-,3 Nokia Map Page: 92 Map Coord: E2 Supplements are available for this Directions: Zj Central Ave to 40th Ave, East to Circle property. Terrace Total Units: 2 Garage: Year Built: 1962 (P(Click icon for Virtual Earth Map) Style: (MF)Duplex Side X Side Const Status: Previously Owned TAX INFORMATION Foundation Size: Property ID: 363024240026 AbvGrdFinSgFt: 1,584 Tax Year: 2013 Be1GrdFinSgFt: Tax Amt: $3,408 Total Fin SgFt: 1,584 Assess Bal: $ Acres: Tax w/assess: $3,408 Lot Size: Irregular Assess Pend: Unknown Yearly/Seasonal: Yearly Homestead: No Days On Market: 45 CDOM: 45 General Property Information Legal Description: Lot 10 Block 1 Circle Terrace 2nd Add, Ex Rd Subj To Ease Of Rec County: Anoka School District: 13 - Columbia Heights13 - Columbia Heights, 763-528-4500 Complex/Dev/Sub: Owner Occupied: N Restrictions/Coots: Lot Description: Irregular Lot Road Frontage: City Zoning: Residential-Multi- Accessibility: None Family 89 Public Remarks: Great investment potential. Duplex with 3 bedrooms and 2 baths per unit with private entrances. Close to shopping and bus routes. Owner is an No Agent?: In Foreclosure?: No Lender Owned?: Yes Potential Short Sale?: No Structure Information Heat: Baseboard No. of Ranges: Fuel: Natural Gas No. of Refrig: Water: City Water/Connected Basement: Walkout, Day/Lookout Windows Sewer: City Sewer/ConnectedExterior: Metal Garage: Fencing: Parking Char:Driveway-Asphalt Roof: Asphalt Shingles, Pitched Unit Information Number of Units Like This: 2 Total Rooms: 6 Monthly Expense:$ Total Bedrooms:3 Monthly Rent: $ Total Baths: 2Full: 1 3/4: 0 1/2: 1 1/4: OAnnual Rent: $ Bath Char: Main Floor 1/2 Bath, Finished Sq Ft: 770 Fireplaces: Oth Park Spaces: Fireplace Char: Air Conditioning:None Appliances: Amenities: Porch,Natural Woodwork, Washer/Dryer Hookup Special Search: Room LevelDimenRoom Level Dimen Living Rm Main Bedroom 1 Upper Dining RmMain Bedroom 2Upper RoomLevelDimen Family Rm Bedroom 3Main Kitchen Main Bedroom 4 Dining Room Desc:Informal Dining Room Family Room Char: Number of Units Like This: 2 Total Rooms: 6 Monthly Expense: Total Bedrooms:3 Monthly Rent: Total Baths: 2Full: 1 3/4: 0 1/2: 1 1/4: OAnnual Rent: Bath Char: Main Floor 1/2 Bath, Finished Sq Ft: 770 Fireplaces: Oth Park Spaces: Fireplace Char: Air Conditioning:None Appliances: Amenities: Patio,Natural Woodwork,Washer/Dryer Hookup Special Search: Room LevelDimenRoom Level Dimen Living Rm Main Bedroom 1 Upper RoomLevelDimen Dining RmMain Bedroom 2Upper 90 Family Rm Bedroom 3Main Kitchen Main Bedroom 4 Dining Room Desc:Informal Dining Room Family Room Char: Expenses Owner Expense: Tenant Expense: Annual Electric Expense: $Annual Repair Expense: $ Annual Fuel Expense: $Annual Trash Expense: $ Annual Insurance Expense: $Annual Water/Sewer Expense:$ Annual Maintenance Expense:$Annual Caretaker Expense: $ Annual Gross Expense: $ Total Annual Expenses: $ Income Annual Gross Income:$Monthly Misc. Income: Annual Net Income: Annual Misc. Income: 91 Columbia Heights Police Department glgWki E Scott Nadeau, Chief of Police 1921 January 10, 2014 Mayor Gary Peterson Members of the City Council City of Columbia Heights 590 40t"Avenue NE Columbia Heights,MN 55421 Dear Mayor Peterson and members of'the City Council: Re: Potential City of Columbia Heights Acquisition of 1301-1303 Circle Terrace It has come to my attention that the Columbia Heights Community Development Director is recommending the purchase of the duplex at 1301-1303 Circle Terrace,and I would like to take an opportunity to write this letter in support of that decision. As you are aware,the City of Columbia Heights has stated goals in reference to improving the City's housing stock, as well as decreasing the density of rental units in both the Sheffield and Circle Terrace neighborhoods. In support of these goals,the Community Development Director with the support of other city departments, including the Police Department,has attempted to identify dilapidated and foreclosed properties which the City could purchase and then redevelop. Thus far,the City has purchased one foreclosed and dilapidated duplex on Circle Terrace and that building was removed in 2012. The property currently under consideration at 1301-1303 Circle Terrace presents another opportunity to redevelop a property in a targeted area,and also provides a unique opportunity to connect three adjacent lots as the property currently under consideration is between the city park and the city owned lot which was purchased and redeveloped in 2012. Having a larger piece of property(three lots wide)would seem to be of advantage as this lot could be either redeveloped as one piece,or repurposed for another use such as the expansion of the park. In conversations with the Community Development Director,I have been informed that because this is a foreclosed property, it is priced below market value and appears to be a good value for the City if we want to look for opportunities for potential redevelopment with limited funding. Although the incidence of crime and calls for service have decreased in the Circle Terrace neighborhood, I still feel as though these types of redevelopment opportunities are advantageous to the neighborhood and will move us closer to the City Council's stated goals. Please let me know if you have any questions or concerns in reference to this letter of support. Sincerely, cot Nadeau of of Police cc: City Manager Walt Fehst 825 41"Ave NE Columbia Heights, MN 55421 (763) 706-8100 f (763) 706-8126 www.el2police.com 92 CITY COUNCIL LETTER Meeting of January 13,2014 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS BY: Kevin Hansen BY: FOR THE 2014 MISCELLANEOUS CONCRETE DATE: 01/08/2014 DATE: REPLACEMENT AND INSTALLATION PROJECT The City has an ongoing annual program to replace miscellaneous concrete structures such as curb and gutter, sidewalk, and concrete street sections. The concrete replacement is budgeted in various functional areas of the Public Works budget, such as in the Water Fund for the replacement/repairs of concrete removals caused by water main breaks or Street or State-Aid Departments for concrete street panels. Recommended Motion: Move to authorize staff to seek bids for the 2014 Miscellaneous Concrete Replacement and Installation Project. COUNCIL ACTION: 93