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HomeMy WebLinkAbout05/12/2014 Regular MeetingCITY OF COLUMBIA HEIGHTS Mavor Gary L. Peterson 590 40'b Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Councilmembers Visit our website at. www.ci.columbia- heiahts.mn.us Robert A. Williams Bruce Nawrocki Tammera Diehm Donna Schmitt City Manarer Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, May 12, 2014 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 - 706 -3611, to make arrangements. (TDD /706 -3692 for deaf or hearing impaired only) 1. CALL TO ORDER 2. APPOINT SECRETARY PRO TEM Motion: Move to appoint Carole Blowers as Secretary Pro Tem. 3. ROLL CALL 4. INVOCATION Invocation provided by Pastor John Hierlinger, St. Tim's Lutheran Church. 5. PLEDGE OF ALLEGIANCE 6. 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.) 7. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS PROCLAMATION: May 18-24,2014, is National Public Works Week p. 3 8. 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 Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of April 28, 2014. p. 4 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the Economic Development Authority minutes of April 7, 2014. p • 17 MOTION: Move to accept the Planning and Zoning Commission minutes of May 6, 2014. p. 25 MOTION: Move to accept the Library Board minutes of April 2, 2014. p. 35 C. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for May 12, p. 39 2014, as presented. City Council Agenda Monday, May 12, 2014 Page 2 of 2 D. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City p. 41 Council has received the list of claims paid covering check number 152133 through 152276 in the amount of $428,905.75. MOTION: Move to approve the Consent Agenda items. 9. PUBLIC HEARINGS A. Approve Conditional Use Permit for Light Emitting Diode (LED) sign for SuperAmerica at p. 49 5000 Central Avenue N.E. MOTION: Move to close the public hearing and waive the reading of Resolution 2014 -31, there being ample copies available to the public. MOTION: Move to adopt Resolution 2014 -31, being a resolution for a Conditional Use Permit for a proposed Dynamic LED sign for Super America located at 5000 Central Avenue N.E., 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. B. Approve a Variance Request for a Proposed Accessory Structure for Grace Lee at 112139 th p • 60 Avenue N.E. MOTION: Move to close the public hearing and waive the reading of Resolution 2014 -32, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2014 -32, being a resolution approving a Variance for a proposed accessory structure for Grace Lee to be located at 1121 39th 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. 10. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 11. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 12. 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. 13. ADJOURNMEN Walt Feh , City Ma ager WF /cjb NATIONAL PUBLIC WORKS WEEK r Proclamation f i WHEREAS, Public Works services provided in our community are an integral part of our citizen's everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of Public Works systems and programs such as water, sewer, streets and highways, public buildings, solid waste collection and snow removal; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff Public Works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, NOW, THEREFORE, 1, Gary Peterson, Mayor of the City of Columbia Heights, do hereby proclaim the week of May 18 through May 24, 2014 as "NATIONAL PUBLIC WORKS WEEK" in the City of Columbia Heights, and 1 call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which Public Works officials make every day to our health, safety, comfort and S juality o f life. M-ay& Gary Peterson k x Minutes of the City Council April 28, 2014 City Council Chambers, City Hall 590 40th Avenue N.E., Columbia Heights, Minnesota 1. CALL TO ORDER The meeting was called to order by Mayor Gary Peterson at 7:02 p.m. 2. APPOINT SECRETARY PRO TEM Motion by Councilmember Nawrocki, seconded by Councilmember Williams to appoint Carole Blowers as Secretary Pro Tem. Motion passed unanimously. 3. ROLL CALL Present: Councilmember Schmitt, Williams, Diehm, Nawrocki; Mayor Peterson Also present: Kevin Hansen, Public Works Director /City Engineer; Scott Nadeau, Police Chief; Gary Gorman, Fire Chief; Jim Hoeft, City Attorney. 4. INVOCATION The invocation was provided by Pastor Dan Thompson of Heights Church. 5. PLEDGE OF ALLEGIANCE - recited 6. 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.) Councilmember Nawrocki stated that he would like to discuss the Associate Planner position later in the meeting. 7. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Mayor Gary Peterson read the proclamation that Police Week is May 11 -17, 2014. On the evening of May 15, there will be a candlelight vigil at the capitol. Mayor Gary Peterson read the proclamation that May 2014 is Building Safety Month. 8. 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.) The City Manager requested that item E be removed from the consent agenda. The City Manager then went through the remainder of the consent items below: A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the Board of Appeals/ Equalization of April 14, 2014. MOTION: Move to approve the minutes of the City Council meeting of April 14, 2014. B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the January 28, 2014, HRA meeting minutes. MOTION: Move to accept the February 3, 2014, EDA meeting minutes. C. Approve Attached List of Rental Housing Licenses MOTION: Move to approve the items listed for rental housing license applications for April 28, 2014 in that they have met the requirements of the Property Maintenance Code. D. Transfer of Monies to the Police Department's Budget MOTION: Move to transfer $6,890 of monies received in Public Safety Building Range rental fees to the Police Department's budget as follows: $2,089.99 to line item 4020, Building Repair and Maintenance, for hepa filters; $2,293.00 to line item 3050, Expert and Professional Services, for the mining of lead and installation of panels; and $2,507.01 to line item 2171, General Supplies, for necessary materials. F. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for April 28, 2014, as presented. G. Payment of Bills 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 151967 through 152132 in the amount of $726,489.99. MOTION by Councilmember Diehm, seconded by Councilmember Nawrocki to approve the above Consent Agenda items. Motion passed unanimously. The following item which was removed from the consent agenda was then discussed: E. Approve Proposal from Leo A Daly for Development of a Construction Cost Estimate for a Public Library MOTION by Councilmember Diehm, seconded by Councilmember Williams to accept the proposal from Leo A. Daly in the amount of $39,180, plus reimburseables, for the preparation conceptual level drawings and a construction cost estimate for a City Library located on the 1.6 acre parcel north of 825 41" Avenue (former NEI site), and authorize the Mayor and City Manager to enter into an Agreement for the same. Funding will be provided from the Library Capital Building Fund 450 -51410 -3050. Discussion ensued. City Manager Walt Fehst explained that the $39,180 cost for preparing conceptual drawings and a construction cost estimate for the library at the former NEI site would come from the Library Capital Building fund to pay Leo A Daly. He stated the soil borings are done. Councilmember Nawrocki stated that the bids did not come back to the council; the council only authorized going out for bids. The Public Works Director stated that the borings and survey were under $1,500, which can be approved by the City Manager. To go forward with the building of the library, the City Council would have to approve that. The city has owned this property for the past thirteen years. We should know what is under the topsoil. Councilmember Nawrocki stated the intention is to put a new library on the former NEI site. It should have come back to the council before awarding the contract. That is the way it is supposed to be done. The City Manager pointed out that according to the League of Minnesota Cities handbook on expenditures, purchasing, and contracts, the city is not required by statute to following the competitive bidding process for professional services. Councilmember Nawrocki stated we are just trying to fool people. This contract will lead to a bigger contract for a new library. We need to go out for bids to get the best deal for our money. The City Manager stated we would most definitely go out for proposals. Councilmember Diehm stated she is OK with taking this step. City Council Minutes Monday, April 28, 2014 Page 2 0g 13 The company is familiar with the project. Councilmember Schmitt asked if the Library Foundation previously paid for plans for a proposed library. The Public Works Director stated not for plans at this level. These will be in much more detail. Councilmember Nawrocki stated that a new library would be nice, but we need to keep city expenditures at a reasonable level. Columbia Heights home valuations are up. This item should be put on the ballot and let the people decide. Councilmember Schmitt stated that monies have been set aside from local fund balances for this project. Councilmember Nawrocki stated that no one has used the services of the library more than he has. The current building is a great inclement weather /emergency disaster building. The Mayor stated that no one doubts the fact that the current library is a rock hard building. We need soil borings to find out what is down below the topsoil on the old NEI property. When we tore down the old Burger King site, we had no idea what was under there. Councilmember Williams stated that he has read the numerous comments from citizens who use the current library. There are many people who are investing monies in our city, including people who own rental buildings. Councilmember Nawrocki stated at the last meeting he asked for a list of the deficiencies of the current library building, and the response was that it would be forthcoming with the minutes of that meeting. The City Manager stated the minutes would have the context of that discussion along with the list. The Mayor called the question. Councilmember Nawrocki stated we should give citizens a chance to speak on this issue at this time. The City Manager stated this is not a public hearing; we are only voting to spend monies as indicated above. Roll call vote: Ayes: Schmitt, Williams, Diehm, Peterson; Nay: Nawrocki. Motion passed. 9. PUBLIC HEARINGS A. Adopt Resolutions 2014 -21, 4616 Tyler Street N.E., and 2014 -22, 4622 Tyler Street N.E., being Resolutions of the City Council of the City of Columbia Heights Approving Rental License Revocation for Failure to meet the Requirements of the Property Maintenance Codes Police Chief Nadeau spoke first about concerns for the health and safety of the residents at these units. We are aware that some of these buildings have changed ownership recently. Police Captain Lenny Austin reviewed the statistics of these seven -unit buildings, mitigation plans involved, and number of meetings that have been held with the owner. He also reviewed police calls and nuisance calls. Fire Chief Gorman reviewed emergency calls and inspection calls. At the 4616 building, they have had 25 times the normal amount of inspections; and the 4622 building has had 18 times the normal amount of inspections (normal= 1 or 2 inspections in one year). Councilmember Nawrocki asked what the incidents were. Chief Gorman stated most of them were medicals due to assaults, narcotics, loud parties, intoxicated parties, bed bugs. Many of these incidents give the Police Department a large amount of concern. The new owner of 4616 and 4622 Tyler Street, William Cullen, spoke. Mr. Cullen stated most of the work that needs to be done is inside the units. The tenant base is difficult. When asked what he would do about those tenants, he stated they will need to move. Councilmember Nawrocki asked if the previous owner has any interest in these properties (no). With the licenses previously pulled for the previous owner, they cannot get another license in our city for five years. The City Attorney stated that this revocation tonight has nothing to do with the new owner. The new owner is not affiliated with the former owner. Properties with ties to Azam cannot be relicensed here. If the revocation tonight is approved, the residents have to be vacated. In the past, we have not physically removed residents, but we have offered help to them to relocate. The new owner and the current tenants have legal rights too. Assistant Fire Chief John Larkin stated that the building would be posted tomorrow if the council votes to revoke the City Council Minutes Monday, April 28, 2014 Page 3 .613 license on these properties tonight. The tenants would have 45 days to vacate. Mr. Cullen stated he plans to apply for a new license after the violations have been corrected. He stated he would have a harder time removing problem tenants from the University Avenue properties. Previous management was the problem. Councilmember Diellm stated that she assumes he did due diligence, and we want to help him get a new license. The Mayor asked if anyone else in the audience wished to come forward on this item. Samantha Young, 4622 Tyler Street N.E. #2, spoke on behalf of numerous tenants on Tyler Street. Several tenants would like to stay there. They are grateful for the new owner. They feel safer since the new owner took over. The previous landlord only wanted to collect rent and did not fix the problems, and he owns other properties in Minneapolis which he is also trying to sell. The new owner is taking a chance to buy these properties —a chance to make a difference. He is humble and respectful and needs to get the new license. He already has arranged for pest control to come out. Richard Wiggins, 4616 Tyler Street N.E., stated a majority of the calls were for his wife who was very sick. He has lived there for seven years. Roger E. Flick, 4622 Tyler Street N.E. #6, has lived there for 22 years. It's close to stores, so he likes living there. The former owners only were interested in collected monies and did not fix anything. The new owner is good. Councilmember Nawrocki thought we should see what the new owner's experience has been in other problem properties elsewhere. If he has done a good job, we should work with him and see what his plan for getting rid of problem tenants. Councilmember Schmitt wanted to know how we can prevent Azam from renting again in Columbia Heights. The City Attorney stated we are getting off track. Tonight's item has nothing to do with the new owner. This will not affect the legal rights of the tenants or the new owner. Tenants will be treated equally, and they should explore their rights. We do not evaluate new owners as they apply for new licenses. We have several ordinances in place to regulate behavior. The City Manager stated we (Police and Fire) will work with the new owner; we know he has done other problem properties. The Assistant Fire Chief stated he would meet with the new owner and any interested tenants immediately after the council takes action on this item tonight. MOTION by Councilmember Williams, seconded by Councilmember Schmitt, to close the public hearing and to waive the reading of Resolution Number 2014 -21, there being ample copies available to the public. Motion passed unanimously. MOTION by Councilmember Williams, seconded by Councilmember Schmitt, to adopt Resolution Number 2014 -21, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license. Motion passed unanimously. MOTION by Councilmember Schmitt, seconded by Councilmember Diehm to close the public hearing and to waive the reading of Resolution Number 2014 -22, there being ample copies available to the public. Motion passed unanimously. MOTION by Councilmember Schmitt, seconded by Councilmember Diehm, to adopt Resolution Number 2014 -22, being a Resolution of the City Council of the City of Columbia Heights City Council Minutes Monday, April 28, 2014 Page 4.113 approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of the rental license. Motion passed unanimously. B. Adopt Resolution 2014 -28, 4655 Pierce Street N.E., being a Resolution of the City Council of the City of Columbia Heights Approving Rental License Revocation for Failure to meet the Requirements of the Property Maintenance Codes The City Attorney stated that the listed license holder of this property is Azam who had an ownership interest in the University and Tyler properties (which are both revoked now). Therefore, Azam can longer have an ownership interest in any property here in our city. We do not believe this property has been sold. This action would terminate the license for the current owner on this property. A tenant from 4655 Pierce Street stated a lot of people living there come out of shelters or were evicted. She was concerned about where they would move if this revocation takes place. Florence Taylor, 4655 Pierce Street #3, stated she has lived there several years. She likes living there and has diabetes, and does not want to move. People need to work together. The current owner does not work on problems quickly but always wants the rent. The building should be up to code. Pheaysia Lattimore, 4655 Pierce Street N.E., #2, stated she had a recent rent issue with the owner and worked with Judicare on it, and it was resolved. However, Azam is harassing the tenants and demanding rent. She was advised to contact Judicare again. The City Attorney again reiterated that the renters will still continue to have the same legal rights they had no matter what action the council takes tonight. MOTION by Councilmember Williams, seconded by Councilmember Diehm, to close the public hearing and to waive the reading of Resolution Number 2014 -28, being ample copies available to the public. Motion passed unanimously. MOTION by Councilmember Williams, seconded by Councilmember Diehm, to adopt Resolution Number 2014 -28, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of the rental license. Motion passed unanimously. C. Adopt Resolutions 2014 -26, 3723 Polk Street N.E., 2014 -27, 4355 Madison Street N.E., and 2014 -30, 3865 Tyler Street, being Resolutions of the City Council of the City of Columbia Heights Approving Rental License Revocation for Failure to Meet the Requirements of the Property Maintenance Codes Councilmember Nawrocki asked who owns these three properties. Fire Chief Gorman advised that Fred Sila owns the Polk Street property, Geoff Allard owns the Madison Street property, and Olojan Gonzalo owns the Tyler property. Susan Travis, 3723 Polk St N.E., stated the current owner is slow to repair items. She has given her notice to vacate. On June 15, she will locate to a new place. If the council revokes these licenses tonight, she understands that she has 45 days to vacate. She was asking if there was any way she could stay another three days, because that would mean she would have to vacate her Polk Street residence prior to being able to move into her new place. The City Attorney advised that she should consult with legal counsel, like Judicare. City Council Minutes Monday, April 28, 2014 Page 5 o� 13 MOTION by Councilmember Williams, seconded by Councilmember Schmitt to close the public hearing and to waive the reading of Resolution Numbers 2014 -26, 2014 -27, and 2014 -30 being ample copies available to the public. Motion passed unanimously. MOTION by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution Numbers 2014 -26, 2014 -27, and 2014 -30 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A. 408(A) of the rental licenses listed. Motion passed unanimously. D. Adopt Resolution 2014 -29, 4056 -4058 5a' Street NE being a Declaration of Nuisance and Abate- ment of Violations Within the City of Columbia Heights Fire Chief Gorman stated that the license has been revoked on this building several months ago. The building was not secured; thus we are asking for an emergency abatement action. MOTION by Councilmember Williams, seconded by Councilmember Schmitt, to adopt Resolution Number 2014 -29, being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206 Motion passed unanimously. 10. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions — None B. Bid Considerations - None C. New Business and Reports - None 11. ADMINISTRATIVE REPORTS Report of the City Manager The City Manager reported that he received an e -mail regarding the Parkview Villa sale with HUD. There will be a voluntary conversion with no conditions, no dictated rents, with 100% tenant vouchers. This process started three years ago. The end result is what we and the Met Council wanted all along. He thanked the Mayor; Councilmember Diehm, and the representatives from Aeon who met with Congressman Ellison in Washington this winter. Councilmember Williams also thanked these same people, as well as Scott Clark (who retired today as Community Development Director) and Joe Hogeboom, the new Community Development Director, for also meeting with Congressman Ellison. Councilmember Nawrocki stated there was a letter recently sent from the city regarding sewer line cleaning, and he asked if this only covered from the street to the house (yes). Councilmember Nawrocki stated that the debris from Central and 47t' was picked up and thanked John Larkin, Assistant Fire Chief, for assisting in getting this done. Councilmember Nawrocki had questions about the Associate Planner position. His understanding was that the person who was the Community Development Intern is now in that position. The City Manager stated at budget time last year, they had discussed that the department could not operate the same way as last year, and they would be hiring a full time person. An Assistant Planner would mean about a $70,000 /year salary, and an Associate Planner is less than that. Nawrocki stated the salary was NOT in the budget and someone just created a new position. The Council should be the one to authorize the new position. We should have advertised this position, and the council should have authorized it and the salary for it. The Manager stated $50,000 was there in the budget. Nawrocki demanded several times to know where it says that in the budget. Diehm stated that the City Council Minutes Monday, April 28, 2014 Page 6 .613 Associate Planner is doing a good job and hopes this conversation does not affect her and her performance. Nawrocki stated this was a weird hiring process; the council should authorize positions and vote on salaries. Councilmember Nawrocki stated that he understands we advertised for the City Clerk position. It would have been nice to know who the finalists were, and that Administration was a little more up front before hiring someone. As far as appointing a Council Secretary, the City Manager advised that the city council can appoint any employee as their Council Secretary. Report of the City Attorney- None. 12. CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agen- da. 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. ) Nile Harper, 1437 Glacier Lane, Fridley, stated he provided the city councilmembers earlier tonight with a letter from "Citizens in Support of a New Public Library in Columbia Heights ", which had about a dozen signatures on it. These people are taxpayers and homeowners here. He thanked the council for hiring Leo Daly; that was a positive step. The purpose of this letter is to reinforce that the preliminary work be done at both sites (Huset Park site and Public Safety Building site). Harold Hoium, 4200 3rd Street, stated the bridge over University needs lights on the steps and the light pole moved; also the steps should be painted yellow on the top and bottom. He thinks the snow should be removed before the trucks pack it down, like before 5 a.m. Vehicles cannot make the hill near his residence. He asked the Police Chief what was the procedure in the event of a shootout in town, and the chief responded that it's different in all situations and he would meet with him after the meeting to discuss that. Mr. Hoium thanked staff for getting rid of the bags of leaves before they end up going down the storm sewers. Chief Nadeau announced the Clean, Fed, and Warm event this coming Wednesday evening from 5 to 8 pm. at the Public Safety Building. This is a joint effort between SACA, the school, the city, and Kody's Closet. This is a fundraiser and there will be exhibits, a strolling accordion player, etc. The Mayor advised that the Activity Fund will provide hot dogs, buns, chips, water, and pop. Suggested donation is $10 /person; $20 /family. Councilmember Diehm advised that the Columbia Heights High School synchronized swimmers will have a fundraiser /show on May 1St at 6 p.m. There is also a spelling bee on May 1, 2, and 3 at 7 p.m. The Mayor announced the annual prayer breakfast is Wednesday, May 7th, at 7 a.m. at Murzyn Hall. There is also a play at St. Matthew's church on May 2, 3, and 4. He also recently attended a Pow Wow at the school; we have 99 Indian students in our school system. There were four different drum groups participating, and it was a wonderful event for our city. Remember our servicemen and servicewomen; don't take life so seriously —enjoy it; and do a random act of kindness. 13. ADJOURNMENT The meeting adjourned at 9:27 p.m. City Council Minutes Monday, April 28, 2014 Page 7 9 13 Respectfully submitted, Carole J. Blowers, Secretary Pro Tern RESOLUTION 2014 -21 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A of that certain residential rental license held by Sheffield Properties, LLC (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4616 Tyler Street NE, Columbia Heights, Minnesota. Whereas, pursuant to City Code, Chapter 5A, written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 28, 2014 of a public hearing to be held on April 28, 2014. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. The attached Exhibit A outlines the disproportionate number of police calls, criminal activity and housing code violations associated with 4616 Tyler Street NE. 2. Over the last several years, both the Columbia Heights Police Department and Columbia Heights Fire Department have worked extensively with the License Holder in an attempt to bring these issues down to a level that is similar to other rental properties of similar size in the City. 3. The disproportionate number of police calls, criminal activity and housing code violations have persisted at an unacceptable level. 4. The License Holder had an ownership interest in license number(s) F12254 and F12254A, both of which were revoked on March 24, 2014, effective April 1, 2014. 5. That all parties, including the License Holder and any occupants or tenants, have been given notice of this hearing according to the provisions of the City Code. ORDER OF COUNCIL 1. That pursuant to the provisions of Chapter 5A of the City of Columbia Heights City Code, the rental license for the property identified at 4616 Tyler Street NE, license number F12342A, is hereby revoked. 2. The City will post, for the purpose of preventing occupancy, a copy of this order on said building. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this order. City Council Minutes Monday, Apri128, 2014 Page 8 cf1l3 RESOLUTION 2014 -22 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A of that certain residential rental license held by Sheffield Properties, LLC (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4622 Tyler Street NE, Columbia Heights, Minnesota. Whereas, pursuant to City Code, Chapter 5A, written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 28, 2014 of a public hearing to be held on April 28, 2014. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. The attached Exhibit A outlines the disproportionate number of police calls, criminal activity and housing code violations associated with 4622 Tyler Street NE. 2. Over the last several years, both the Columbia Heights Police Department and Columbia Heights Fire Department have worked extensively with the License Holder in an attempt to bring these issues down to a level that is similar to other rental properties of similar size in the City. 3. The disproportionate number of police calls, criminal activity and housing code violations have persisted at an unacceptable level. 4. The License Holder had an ownership interest in license number(s) F12254 and F12254A, both of which were revoked on March 24, 2014, effective April 1, 2014. 5. That all parties, including the License Holder and any occupants or tenants, have been given notice of this hearing according to the provisions of the City Code. ORDER OF COUNCIL 1. That pursuant to the provisions of Chapter 5A of the City of Columbia Heights City Code, the rental license for the property identified at 4622 Tyler Street NE, license number F12342, is hereby revoked. 2. The City will post, for the purpose of preventing occupancy, a copy of this order on said building. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this order. RESOLUTION 2014 -26 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Fred T Sila (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 3723 Polk Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article 1V, Section 5A.408(B), written notice setting forth the City Council Minutes Monday, April 28, 2014 Page 9 9 13 causes and reasons for the proposed Council action contained herein was given to the License Holder on March 28, 2014 of a public hearing to be held on April 28, 2014. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on February 25, 2014 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application.. 2. That on March 27, 2014 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on April 8, 2014 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Shall repair cabinet under kitchen sink. b. Shall install /replace switch plate cover(s) throughout house. c. Shall repair sheetrock behind toilet. d. Shall repair outside light switch to function properly. e. Shall provide weather seal around side door. f. Shall repair /replace loose soffit and missing siding on exterior. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F13318 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2014 -27 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Geoff Allard (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4355 Madison Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 7, 2014 of a public hearing to be held on April 28, 2014. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of City Council Minutes Monday, April 28, 2014 Page 10 f313 Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about February 14, 2014 inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on April 7, 2014 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to -wit: a. Failure to submit renewal rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F12399 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2014 -28 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Salford Properties, LLC (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4655 Pierce Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 28, 2014 of a public hearing to be held on April 28, 2014. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on March 24, 2014 the City Council revoked the licenses for license number(s) F12254 and F12254A, effective April 1, 2014. 2. That on March 24, the License Holder had an ownership interest in said revoked licenses. 3. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). City Council Minutes Monday, April 28, 2014 Page 11 413 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F12477 is hereby revoked pursuant to Chapter 5A.408(E). 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2014 -29 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Federal National Mortgage Association (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4056 — 4058 5t' Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on March 24, 2014. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on March 21, 2014 the Fire Department responded to a complaint at the address listed above. The Police Department noted that the structure was open and unsecured. 2. That on March 21, 2014 the Fire Chief ordered that Advance Companies secure the vacant structure. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the immediate abatement of the hazardous situation located at 4056 - 4058 5a' Street N.E. 4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4056 — 4058 5`' Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4056 — 4058 5t1i Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. City Council Minutes Monday, April 28, 2014 Page 12 513 RESOLUTION 2014 -30 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Olojan Gonzalo (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 3865 Tyler Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 21, 2014 of a public hearing to be held on April 28, 2014. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about March 4, 2014 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on March 21, 2014 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to -wit: a. Failure to schedule a rental property inspection. b. Failure to submit a rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U3865TY is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. City Council Minutes Monday, April 28, 2014 Page 13 613 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF APRIL 7, 2014 IN CONFERENCE ROOM 1 The meeting was called to order at 6:30 pm by Chair Peterson. Members Present: Bruce Nawrocki, Donna Schmitt, Bobby Williams, Gerry Herringer, Marlaine Szurek, Gary Peterson, and Tami Diehm (arrived at 6:35 pm). Staff Present: Walt Fehst, Scott Clark, Joseph Hogeboom, Shelley Hanson, and Elizabeth Holmbeck (Intern). 2. PLEDGE OF ALLEGIANCE - RECITED Clark Notified Board that he is adding an item to Administrative Reports regarding an Update to the Huset Park Redevelopment Project. 3. CONSENT ITEMS 1. Approve the Minutes from February 3, 2014 and Executive Session Minutes of February 3, 2014. 2. Approve the Financial Report and Payment of Bills for January and February 2014 on Resolution 2014 -02. Questions by Members: Nawrocki said that he hadn't gotten the information he asked about at the last meeting as noted in the minutes of February 3, 2014. Clark explained that the figures from the Anoka County Tax Levy come to the City from two different pools of money and the accounting system is set up to indicate this. Motion by Williams, seconded by Szurek, to waive the reading of Resolution 2014 -02, there being an ample amount of copies available to the public. All ayes. MOTIONPASSED. Motion by Williams, seconded by Szurek, to approve the consent agenda items as presented. All ayes. MOTION PASSED. EDA RESOLUTION 2014 -02 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL STATEMENT FOR JANUARY AND FEBRUARY, 2014 AND PAYMENT OF BILLS FOR THE MONTHS OF JANUARY AND FEBRUARY 2014. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and 17 EDA Minutes Page 2 April 7, 2014 WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the months of January and February 2014 has been reviewed by the EDA Commission; and WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. Passed this 7t" day of April, 2014. MOTION BY: Williams SECONDED BY: Szurek AYES: All ayes President Attest By: Shelley Hanson, Secretary NEW BUSINESS 4. EDA Strategic Planning Guide Clark reminded members that on January 14, 2014 the Economic Development Authority (EDA) held a retreat to develop a long range strategic plan. The purpose of this plan has many purposes including providing a framework for future EDA discussions and actions, providing staff formal direction as to where time and resources should be spent and lastly, this document serves to 18 EDA Minutes Page 3 April 7, 2014 communicate to all of Columbia Heights' stake holders the priorities of the EDA/ City Council. It is also important to note that this plan serves as a framework, and as such, any action step that would require outside consultant work and /or budget allocations from the EDA's Redevelopment Fund 420 would have to be approved under separate action by the EDA. The key items in the subject document prepared by Ehlers & Associates are: 1) Development of a communications plan and related branding efforts. 2) Initiation of redevelopment efforts for the Mady's site. 3) Efforts to revitalize the City's commercial strength. This would include a redevelopment plan for Central Ave., small business education, potential modifications to zoning and related City Ordinances and on -going discussions with various stakeholders to identify solutions to a weak market. 4) A much greater effort in the area of housing stability and the maintenance of neighborhoods. 5) Continuing efforts to ensure that Heritage Heights and Circle Terrace remain viable neighborhoods. 6) Although an HRA function, a recognition that the sale of Parkview Villa will be a major commitment by staff through 2014. Questions /Comments from members: Nawrocki asked if this is going to require additional staff to work on these goals. Clark responded that the five staff members in the department would be the primary individuals responsible for helping the City achieve these goals. Nawrocki then went on to say that he felt the Community Development /Building Inspection Department was overstaffed and that only four positions were needed. He said he thought the employee plan for the department during the Budget cycle was approved for only 4 people, and he felt that these goals were a "make work" project and not necessary. Clark responded that staffing was discussed during the budget sessions and that the department tried to function with 4 people for 8 months during 2013 and found that it doesn't work. Based on that discussion, it was decided to somehow fill the vacant position to meet the needs of the department. Considering the Inspector is out in the field most of the day and there are many outside commitments for the other positions, it is often hard to provide service to residents, contractors, developers, and others seeking information provided by the department. Fehst said he didn't feel it is "making work" or wasting time for the City Council /EDA Board to set goals in order to better the City. He said this is actually part of their job to steer the City in a direction they would like to see it go, and it helps to give staff direction in order to achieve these goals. 19 EDA Minutes Page 4 April 7, 2014 Diehm stated the date on the Strategic Planning Guide should be changed to January 14, 2014 -not April 14, 2014, as that is when the retreat was held. She also thought the document Ehlers prepared was a good way to keep the Council /Board on track although some of the dates established to accomplish the goals may be a bit optimistic. She said it is a good tool to help the Council make their decisions based upon items that were discussed and agreed upon at the session in order to make positive changes for the City's future. Clark stated that once Parkview Villa is sold, staff will be able to put more effort into these projects to hopefully get them accomplished by the target dates. Motion by Nawrocki, that the document be sent back to staff to make changes to it that can be accomplished with a staff of 4 people. Due to a lack of a second, the motion dies. Nawrocki then stated that he thinks things in Columbia Heights are going well and there is no real need to expend monies for these types of activities. Motion by Diehm, seconded by Williams, to Adopt 201412015 Strategic Planning Goals Dated April 14, 2014. Roll Call: Nawrocki -Nay -- Williams, Diehm, Szurek, Schmitt, Peterson, and Herringer (he felt it was a lot to accomplish in the timeframe allotted). MOTION PASSED. 5. Communication and Branding Request for Proposals Hogeboom stated that at the January 14, 2014 Economic Development Authority (EDA) Retreat, EDA Commissioners expressed an interest in evaluating current communication efforts made by the City as well as the desire to initiate a community branding campaign. The purpose of this endeavor would be to identify and promote the positive attributes and unique characteristics of Columbia Heights to the greater Twin Cities region, as well as to evaluate and improve city communication tools. Currently, the cities of Woodbury and Brooklyn Park are also engaging in citywide branding efforts. Community Development staff spoke with representatives from these communities to discuss the details of their individual programs. Hogeboom said Woodbury is undertaking this project on a smaller scale, whereas Brooklyn Park decided to do theirs on a larger scale which has been on -going for a few years already. Based on those discussions, staff proposes the following deliverables for our campaign: • Identify unique characteristics and strengths of the community (i.e. proximity to Northeast Minneapolis arts community). • Identify current regional perceptions of Columbia Heights and the near -north suburbs. • Engage residents, the Economic Development Authority, and business stakeholders in forming a brand identity. • Evaluate current City communication tools (newsletter, website, social media, logo, etc.) and provide recommendations for improvement. • Develop a brand "manual" that provides strategies, goals and objectives to improve overall communication and implements branding efforts. 20 EDA Minutes Page 5 April 7, 2014 Staff has compiled a proposed Request for Qualifications notice that, with EDA approval, would be distributed to local consultants who specialize in communication and brand identification methods. Hogeboom reviewed the timeline with members and said Staff would interview applicants, and provide a recommendation for hire to the EDA in June. The consultant's work would take approximately four months, achieving all of the proposed deliverables by the end of September. At the time that a successful candidate is selected, staff is recommending that the City transfer to the EDA the budget amount from Fund 226 "Special Projects Fund." This transfer is a future action and the motion before the EDA is to simply authorize the RFQ and to establish a budget figure. Comments /Questions from Members: Herringer asked what types of firms specialize in this work —are they mostly PR firms and where did staff obtain a list of who to contact? Hogeboom explained that he obtained a list of possible companies from Ehlers and also from the cities he contacted. They have a variety of expertise such as communications, public relations, and combination services such as those provided by Stantec that offer expertise in many areas. Herringer thought that a firm specializing in public relations would be the best option for the city to help get our message out, which is something we haven't been able to accomplish on our own. Williams and Fehst agreed. Szurek also thought public relations and communicating our message is important, but expressed her hesitation in considering Stantec for the job. She felt they provided poor service when they worked on our last Comp Plan Update (under the name of Bonestroo). Fehst invited any interested members to sit in on the interviews to help choose a firm. Schmitt asked if $30,000 was a realistic amount. Considering it may take $15,000 or so to get a plan from the hired firm, she wondered if $15,000 to actually implement the plan is enough. Fehst said we may have to increase that amount later based on what plan the Board/Council finally chooses. Hogeboom stated the amount proposed thus far should get us started, but is on the low end of what the other communities have spent. It will of course depend on how extensive the Council wants the campaign to be. Nawrocki stated he didn't think we should expend $30,000 of City funds for this project. Motion by Herringer, seconded by Schmitt, to establish a budget in the amount of $30, 000 for a citywide branding campaign and to authorize staff to initiate the Request for Qualifications process. Nawrocki -Nay -- Herringer, Williams, Szurek, Schmitt, Diehm, and Peterson -Ayes. MOTION PASSED. 21 EDA Minutes Page 6 April 7, 2014 A copy of the RFP is attached. Columbia%doHeights REQUEST FOR QUALIFICATIONS (RFQ) The City of Columbia Heights is seeking professional marketing and communications services to guide the development of a branding campaign that promotes the positive attributes of the community. The consultant would identify and promote Columbia Heights' unique neighborhoods, business districts, and natural features. The branding effort will highlight the City's assets, and generate a positive perception to our residents and business community as well as to the Twin Cities regional marketplace. Deliverables and Responsibilities • Identify unique characteristics and strengths of the community (i.e. proximity to Northeast Minneapolis arts community). • Identify current regional perceptions of Columbia Heights and the near -north suburbs. • Engage residents, the Economic Development Authority, and business stakeholders in forming a brand identity. • Evaluate current City communication tools (newsletter, website, social media, logo, etc.) and provide recommendations for improvement. • Develop a brand "manual" that provides strategies, goals and objectives to improve overall communication and implements branding efforts. Budget The working budget for this program has been established at $30,000. Approximately 50% of the budget will be dedicated to research and brand development, and the remainder will be dedicated to the creation and implementation of the brand manual and possible physical infrastructure (signs, etc.). Responses Interested parties shall submit a document that details the proposed approach to achieve the deliverables and responsibilities, a work plan outline, a resume and a proposed fee. This document should be limited to five pages that include references, case studies and other supporting material. Evaluation Criteria and Selection The City will create a Selection Review Committee that will consider the following criteria: 22 11 EDA Minutes Page 7 April 7, 2014 1. Firm's demonstrated understanding of the City's needs. — 25 points 2. Firm's and individuals' experience, qualifications and technical skills. — 25 points 3. Firm's stated ability to identify and collaborate with project stakeholders. —25 points 4. Firm's proposed fees. — 25 points Upon completion of interviews and rating of consulting firms, the Selection Review Committee may negotiate a draft contract with the top ranted firm. The Columbia Heights Economic Development Authority must authorize and execute the contract. Timeline April 21, 2014 RFQ Distributed May 5, 2014 Deadline for Proposers' questions sent via email May 14, 2014 Deadline for Proposals sent via email or mail May 21, 2014 Potential candidates notified May 27 - 30, 2014 Candidate Interviews June 2, 2014 Candidate selection at Economic Development Authority meeting Contact Please submit questions and all correspondence to: Joe Hogeboom, Assistant Community Development Director City of Columbia Heights 590 401h Avenue NE Columbia Heights, MN 55421 Joseph. hogeboom@ci.columbia- heights.mn.us (763) 706 -3675 Administrative Report Discussion on Huset Park: Clark passed out a memo prepared by Kennedy & Graven stating their legal opinion regarding serving BNC Bank a Default Notice on their Redevelopment Contract with the City of Columbia Heights. Clark explained that BNC has not paid their 2013 taxes for the three parcels that remain undeveloped. The majority of the tax amount is for special assessments, which he detailed for the members. Due to the fact that we sold tax exempt bonds in 2007 related to this project, it limits us on what reasons the City can issue a Default Notice to them. We cannot use the lack of payment of taxes as the default of the contract. However, the City can use the fact they have failed to complete construction according to the schedule. We also can withhold their tax increment payments and put them into an escrow account until such time they become current. The legal opinion also states that any further changes to the contract such as proposed construction projects, be postponed until they become current. W EDA Minutes Page 8 April 7, 2014 Clark told members that staff will serve them with a default notice and will give them an update in May. Nawrocki asked if the whole project area was in default. Clark told him no, just the three remaining parcels (the round -a -bout piece, the piece at 37th and University, and the parcel just north of that to finish off the rest of the townhouses). Herringer asked if BNC would be responsible for paying penalties and interest on the defaulted amount. Clark told him yes. When he contacted BNC regarding their lack of payment, he was told that it was a deliberate decision on the part of BNC not to pay the tax amount, and that it wasn't an oversight. There was some discussion regarding the townhouse association's possible interest in purchasing the round -a -bout parcel. Parkview Villa Update Clark said he thinks the framework of a deal is close to being accomplished between HUD and Aeon for the purchase of Parkview Villa. He said there is a tentative agreement with HUD and that some concessions will have to be made. Aeon will have to work on their tax credits and reconciliation statements for HUD, but he is hoping for the closing to take place around January. The next regular EDA meeting will be Monday, May 5, 2014 at City Hall at 6:30 pm. The meeting was adjourned at 7:20 pm. Respectfully submitted, Shelley Hanson Secretary 24 MINUTES OF PLANNING AND ZONING COMMISSION May 6, 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 (Community Development Director), Elizabeth Holmbeck (Planner), Shelley Hanson (Secretary), and Gary Peterson (Council Liaison). Motion by Fiorendino, seconded by Kinney, to approve the minutes from the meeting of April 1, 2014. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2014 -0501 APPLICANT: Lawrence Sign LOCATION: 5000 Central Avenue NE REQUEST: Conditional Use Permit for LED Sign Holmbeck stated that at this time Lawrence Sign, representing Super America is requesting a Conditional Use Permit per Code Section 9.106 (10) (C) (1) to allow a dynamic Light Emitting Diode (LED) sign in the GB, General Business Zoning District. A dynamic LED sign would include any components of a sign that appear to have movement or that appear to change, caused by a method other than physically removing and replacing the sign or its components. This also includes any moving, flashing, blinking or animated display and any display that incorporates LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. The property located at 5000 Central Avenue NE (Super America) is designated in the Comprehensive Plan for commercial use and zoned GB, General Business as are the properties to the north, south, east and west. Dynamic LED signs are permitted in the General Business District as a Conditional Use. Lawrence Sign is proposing to retrofit the existing pylon sign by adding LED price displays to the lower portion of the sign. A rendering of the proposed sign, which includes dimensions, is attached. DESIGN GUIDELINES According to the City's Design Guidelines, ground or monument signs are encouraged rather than pylon signs. Due to the fact that the sign currently on the property is a pylon sign and the surrounding zoning districts are Commercial, replacing the pylon sign with an LED pylon sign is compatible, and will not change the overall character of the area. 25 P & Z Minutes Page 2 May 6, 2014 FINDINGS OF FACT (Conditional Use Permit) 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. Dynamic LED signs are specifically listed as a Conditional Use in the GB, General Business District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for Commercial Use. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not result any additional noise and should not disrupt neighboring properties. (d)The use will not substantially diminish the use of the property in the immediate vicinity. The use ofproperty in the immediate vicinity will not be diminished by the placement of an LED sign at 5000 Central Avenue NE. (e) The use will be designed, constructed, operated, and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The applicant will have to abide by specific development standards as they relate to LED signs. These standards will help ensure compatibility with the appearance of the existing surrounding area. (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. The use of a dynamic LED sign at this location will not affect traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. By subjecting the use of a Dynamic LED sign to specific development standards, it is intended that the use will not cause a negative cumulative effect. (i) The use complies with all other applicable regulations for the districts in which it is located. This is correct. `i P & Z Minutes Page 3 May 6, 2014 RECOMMENDATION Staff recommends approval of the proposed Conditional Use Permit for a dynamic LED sign located at 5000 Central Avenue NE. Questions /comments from members: Szurek asked if they are only planning on putting the price on the sign. The representative from Lawrence Sign told her yes, it will display only numerical information, not other messaging. Little asked if this was a new applicant, would it then require a monument sign. Hogeboom stated the Design Guidelines encourage a monument sign, but the sign portion of the Zoning Code allows a pylon sign. It is not mandatory to install a monument sign. Fiorendino asked if this is a new sign or if they would be retro - fitting the existing sign. Holmbeck stated they plan to retro -fit the sign by adding LED, and that by doing that it requires a CUP. Fiorendino said he thought monument signs for new construction were a requirement and that new pylon signs haven't been approved to his knowledge since the Design Guidelines were established. Kinney asked if a monument sign had been considered. The representative from Lawrence Signs said they did not consider that since cost was a factor in their decision. Kinney said she doesn't think this sign fits with the area as all the surrounding businesses have monument signs per the Design Guidelines. She then asked if they meet all the necessary conditions. Holmbeck told her that they did meet the conditions. Lee had no questions. Public Hearing Opened. No one was present to speak on this issue. Public Hearing Closed. Motion by Little, seconded by Fiorendino, that the Planning Commission recommends the City Council approve the Resolution NO. 2014 -31 for a Conditional Use Permit for a proposed dynamic LED sign for Lawrence Sign representing Super America, located at 5000 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: 27 P & Z Minutes Page 4 May 6, 2014 The dynamic LED signs may occupy no more than sixty percent (60%) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 3. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 4. The dynamic LED signs may not exceed a maximum illumination of S, 000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. All ayes- MOTION PASSED. The following resolution will go to the City Council May 12, 2014. RESOLUTION NO. 2014 -31 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN LED SIGN AT S WHEREAS, a proposal (Case # 2014 -0501) has been submitted by Lawrence Sign, representing Super America to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 5000 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 dynamic LED sign to be located in the GB, General Business Zoning District. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on May 60'2014. 28 P & Z Minutes Page 5 May 6, 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. 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 dynamic LED signs may occupy no more than sixty percent (60%) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 3. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 29 P & Z Minutes Page 6 May 6, 2014 4. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. Passed this 12t" day of May, 2014. CASE NUMBER: 2014 -0502 APPLICANT: Grace Lee LOCATION: 1121 391h Avenue. NE REQUEST: Variance Holmbeck explained that at this time Grace Lee, is requesting a Variance for a proposed accessory structure at 1121 39th Avenue NE. 1) Waiver to Section 9.106 (B) (8)- allowing an accessory structure to be located within 5 feet of the front property line. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for low density residential. Being that the accessory structure would be for the existing house, the Variance request is consistent with the types of uses guided for this area. ZONING ORDINANCE The property located at 1121 39th Avenue NE is zoned R -2A, one and two Family Residential as are the properties to the north, south, east and west. FINDINGS OF FACT (Variances) Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City Council to grant Variances. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The parcel at 1121 39th Avenue NE is triangular in shape and as such poses difficulties for the property owner to erect a garage within the allowed setbacks. 30 P & Z Minutes Page 7 May 6, 2014 b) The conditions upon which the variances are based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. This is correct. The triangular shape of this parcel is unique and only applies to a limited amount of properties in the City of Columbia Heights. C) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. This is correct. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. This is correct. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. This is correct. RECOMMENDATION Staff recommends approval of the proposed Variance for an accessory structure, located at 1121 39"' Avenue NE. Questions /Comments from members: Hogeboom told members that the normal front yard setback is 25 feet, however there is specific language in the code that allows for a deviation from this figure based on measurements of neighboring properties. Taking this information into consideration an 18 foot setback would be allowed without a variance. Hogeboom told members that this is an unusual situation due to the triangular shape and location of the lot. Lee told members that the garage will face 396 Avenue and will be located behind the current parking pad. She said the garage cannot be moved closer to the house or further back due to two large trees on the property and the location of the alley. Kinney asked what the setbacks of neighboring houses were, and if others had garages that faced 39a' Avenue. Lee said the setbacks do vary some and that there are other garages that face 390' Avenue. Lee said she had spoken with the neighbors and no one had an issue with them constructing the garage. Hogeboom told members that all property owners in the area were notified and that he had not received any calls objecting to this variance being approved. 31 P & Z Minutes Page 8 May 6, 2014 Fiorendino asked how much of a variance this really is. Hogeboom stated that an 18 foot setback would be allowed. This needs a variance as it will only be 5 feet back from the front property line -which is actually 18 feet back from the street, as the street right of way is 13+ feet. So the request is for a 13 foot variance. Lee showed members a drawing of the property which showed details of the layout of the site. Public Hearing, Opened. No one was present to speak on this matter. Public Hearing Closed. Motion by Fiorendino, seconded by Little, that the Planning Commission recommends that the City Council approve the Resolution No. 2014 -32 approving a Variance for an accessory structure located at 11213 Vh 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) Waiver to Section 9.106 (B) (8)- allowing an accessory structure to be located within S feet of the front property line. All ayes. MOTION PASSED. The following Resolution will go to the City Council May 12`h. RESOLUTION NO. 2013 -32 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR 1121 39th Avenue NE WHEREAS, a proposal (Case # 2014 -0502) has been submitted by the City of Columbia Heights to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 1121 39"' Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: allowing an accessory structure to be located within 5 feet of the front property line per Code Section 9.106 (B) (8). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on May 6 "', 2014; 32 P & Z Minutes Page 9 May 6, 2014 WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. Passed this 12th day of May, 2014. NEW BUSINESS Hogeboom told members that the EDA gave support in concept of the NE Business Center being developed into a senior (62 and older) housing project with 80 units of affordable, not Section 8, rents. If the developer can obtain the financing, the project will take a couple of years to complete. The City made it clear to the developer that it will not offer any economic assistance for this project. If they obtain the financing they need it will come before the Planning & Zoning at a later time for the Site Plan Review. Hogeboom told members it is appropriately zoned for the use and is compatible with the Comprehensive Plan. If the Developer didn't need the letter of support for their financing it would not have had to come before the EDA at all. 33 P & Z Minutes Page 10 May 6, 2014 Hogeboom then told members that Habitat for Humanity will most likely come back to the EDA in June or July with a plan for a townhouse development for the Huset Park area by the round a bout. Habitat was told to put their plans on hold as the current owner of the property is in Default of the Development Agreement and until that is cleared up, the EDA will not consider any proposals. Hogeboom stated that the scattered site lots are selling and several houses are under construction. There are 5 models currently being marketed. He then informed members that Elizabeth Holmbeck had been hired as the City's Associate Planner, and that Scott Clark had retired. Fiorendino asked about the status of allowing schools in the General Business or CBD. Hogeboom told him that staff had met with members of the School District and several business owners and that they will be bringing back a report and recommendation to the Planning & Zoning Commission in June for consideration. The meeting was adjourned at 7:30 pm. Respectfully submitted, Shelley Hanson Secretary 34 COLUMBIA HEIGHTS PUBLIC LIBRARY Approved BOARD OF TRUSTEES 5/7/2014 MINUTES 4 April 2, 2014 The meeting was called to order by Chair Patricia Sowada, at 6:32 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. The minutes of the March 5, 2014, Board meeting were approved as mailed. The bill list dated 3/19/14 of 2014 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The 2014 accounting dated 4/2/14 was reviewed. Old Business: 1. Smith provided the Board with a list of building needs along with estimated costs. Items were divided into categories including repairs required to: protect public safety, prevent harm to the building, enhance work areas and protect staff, enhance the existing building, and upgrade electrical for safety and efficiency. The final section included patron requested upgrades not possible due to current building design. The list was compiled by the Library Board and Library Staff and estimates were generated by Smith through the use of recent quotes, similar project costs, Public Works staff, and current standard construction pricing (RSMeans building construction cost data 2013). Smith noted that the list included only minimum needs for the immediate future. Members mentioned exterior painting, the broken window seal, lack of room for adult events, lack of a teen department, and the continuation of a children's department in the basement as additional considerations. The Board thanked Smith for his thorough research and report. New Business: 1. Dougherty distributed copies of the 2013 State Annual Report. The report is a state mandated format, submitted online, verified by the state statistician, and then will be available through the Department of Education website. Dougherty noted the increase in children's participation and registered users, and the decrease in circulation and gate count. Also of note was that circulation of downloadable materials has doubled. 2. The Task Force met at the end of March and composed a letter to the Mayor and Council updating the site proposals in their recommendation. The Task Force refers to the Huset site and the 42nd and Jackson site. Vesley reported recent correspondence with the office of Congressman Ellison regarding government funding for libraries. Federal funding is administered by the state libraries and often focuses on technology and accessibility upgrades. Additionally, the Gates Foundation continues to provide grants for computer infrastructure. Board members noted that additional grants will be available once a decision, design, and bonding processes are initialized. The Board discussed timing for a potential referendum, public hearings, requests for proposals (RFPs), and the design process. Dougherty will meet with city staff to determine a potential timeline. 351-4/2/14 The Board composed a letter to the Mayor and City Council expressing their consensus support of the 42"d and Jackson site. Sowada will sign the letter and Dougherty will deliver it to City Hall. Additional discussion included the importance of providing books; computer access and reading rooms; the desire to provide exhibition space for local arts groups, the historical society and the Sister Cities Committee; and the need for additional meeting rooms. 3. Due to changes approved by the MELSA Board of Trustees, the Columbia Heights Library Board was asked to consider a revision to the public service policy regarding non - resident library cards. The annual fee of $60 provides the same level of service as registered borrowers with the exception of access to "electronic resources governed by contractual or consortial agreements which preclude extension of services to non - residents." The Anoka County Libraries may create a unique card/barcode for non - residents and the Columbia Heights Library will purchase a few of these cards. Tantanella made a motion to approve changes to the public service policy regarding non- resident library cards as proposed. The motion carried unanimously. Items from the Floor: 1. The Library held its first Senior Computing class, Senior Surf, on April 2" d. The class was taught by an instructor from Senior Linkage Line and sponsored by the Metropolitan Area Agency on Aging. Public internet computers were unavailable during the class. Five patrons provided positive feedback on the class, and many patrons signed up for the waiting list for the next class. A second class will take place on May 7a', and Dougherty intends to make the class a monthly event. 2. Vesley reported on the growth of the non- fiction book club and the diversity of materials being discussed. There being no further business, the meeting was adjourned at 7:22 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. Attachments: Library Building Needs 362-4/2/14 COLUMBIA HEIGHTS LIBRARY BOARD April 2, 2014 Library Immediate Building Needs Repairs required to protect public safety Prol ect Estimated Cost • Replace front sidewalks. The existing walks are cracked and $7,500 uneven creating potential trip hazards • Repaint exposed ductwork in Activities Room. Paint is peeling off $2,500 in large pieces • Replace the lower level carpet. The carpet is worn and a trip $30,000 hazard. It has also been flooded many times presenting a potential biological hazard. • Enclose exposed computer wiring throughout the building $1,800 • Replace 3 rusted water damaged emergency egress doors $6,000 • Install security camera to guard personal belongings and library $2,500 equipment Repairs to prevent harm to the building Project Estimated Cost • Repair exterior faucets. They are leaking into the building when in $1,000 use. • Redash exterior stucco. Moisture can be allowed into structure of $14,500 the building. • Repair moisture damaged plaster in basement Children's Area $12,000 • Replace the entire roof. $108,000 • Remove and replace A/C units and ductwork for roof work $ 7,500 Repairs to enhance work areas and protect staff Project Estimated Cost • Replace the staff room fiberglass pipe insulation. Insulation is $800 broken and deteriorating. • Replace staff room floor tile $1,500 • Caulk open wall cracks between office, board room and workroom $500 37 Page 2 April 2, 2014 Electrical upgrades for safety and efficiency Project Estimated Cost Replace lobby lighting fixtures. Obsolete and ballasts no longer $4,200 available Replace exterior lighting fixtures. $2,500 Projects to enhance the existing building Project Paint the ground floor walls and ceiling Paint the lower level walls and ceiling Install interior signage for better patron service Replace crumbling children's area cork walls Estimated Cost $3,600 $3,600 $1,000 $3,500 Patron requested upgrades not allowed due to current building design Project • Install handicapped restrooms on the first floor • Install a self -check machine to comply with patron requests and to save staff time • Build small meeting and study rooms to comply with patron requests • Expand the staff workroom for better secure storage, larger processing counters and storage cabinets • Install an ergonomically designed and weather protected book drop • Enlarge the parking lot 38 Estimated Cost N/A N/A N/A N/A N/A N/A CITY COUNCIL LETTER Meeting of: May 12, 2014 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: May 7, 2014 BY: '' BACKGROUND /ANALYSIS Attached is the business license agenda for the May 12, 2014 Council meeting. This agenda consists of applications for contractor 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 May 12, 2014 as presented. COUNCIL ACTION: 39 TO CITY COUNCIL May 12, 2014 *Signed Waiver Forrn Accompanied Application CONTRACTOR'S LICENSES -2014 BLDG *Pipe Dream Plumbing Inc 4914 Colfax Ave S, Mpls $60 *Weld & Sons Plumbing 3410 Kilmer Lane N, Plymouth $60 *Priority Plumb & Drains 14270 210st Ave NW, Elk River $60 Dusty's Drain Cleaning PO Box 262, St Francis $60 *Loddery Plumbing 8340168`" Lane NW, Ramsey $60 *McAlister Htg & AC 15112 Lever St. Ham Lake $60 *G.V. Htg & AC 5182 W Broadway, Crystal $60 *All Ways Drains 135 E Godlen Lk Ln, Circle Pines $60 LeRoux Co 39562 Grand Ave, No Branch $60 McBrick Inc. 18800 Highway 55, Plymouth $60 *Adam Mills LLC 31783 Elmwood Tr, Stacy $60 40 COUNCIL MEETING OF: May 12, 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 _ 152133 through 152276 in the amount of $ 428,905.75. These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 41 ACS FINANCIAL SYSTEM Fund & Account. CITY OF COLUMBIA HEIGHTS 05/08/2014 13:31:21 Check History GLJ50P- "07.24 COVERPAGE Journal Entry Datea— ...... thru Journal Entry Ids........... GL--40R xxxxxxxxxxxxxxx+ xxxx :- .exxxxxxxxxx * * ** L * *x * E A * * *xxx *:.x xxxxxxxxxxxxxxxxxxxxxxxxxx N N O *xxxxxxx * * ** L E A N N O thru * * ** L E A N N O thru * * ** L xx* xx* r, xxxx* xxxxxxxxxxxxxxxxxxxx* E A xxxxxxxxxx* N N 0 xxxxx * *xx + * *.xxxxxxxxxxxx *xx *xxxx:.x Report Selection: Optional Report Title....... 05 /12/2014 COUNCIL LISTING INCLUSIONS: Fund & Account. thru Check Date.. ................ thru Source: Codes ................ thru Journal Entry Datea— ...... thru Journal Entry Ids........... thru Che.:k Number ................ 152133 thru 152276 Project ..................... thru Vendor ...................... thru Invoice.... ................. thru Purchase Order .............. thru Bank........................ thru Vou.her .................... thru Relca -d Date ............... thru Cleared Date ................ thru Include Exp /Rev Closing Entries N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP L LEANNO 01 P4 Y S 6 066 10 Y Y 42 ACS FINANCIAL SYSTEM 05/08/2,14 13:31:21 Check Hietory 05/12!2014 COUNCIL LISTING BANK VENDOR CHECK# CHECK DATE AMJJNT BANK CHECKING ACCOUNT A & C SMALL ENGINE 152133 04/30/14 18.66 ACE HARDWARE 1.`2134 04;'30/14 5.60 ADAM'S PEST CONTROL, INC 152135 04/30/14 71.50 ADVANCED DISPOSAL SERVIC 15 136 04/30/14 287.18 ADVANCED IMAGING SOLUTIO 15,137 04/30/14 453.82 ALBERTO /ANNA 1521.-8 04/30/14 322.00 AMERIPRIDE LINEN INC 1521dh 04/30/14 4,.30 ANCKA COUNTY LIBRARY 15.2140 04/30/14 2,428.48 ANCYA CTY - CENTRAL CCMM 152141 04/30/14 2,147.11 ARTISAN BEER "JMPANY 152142 04/30/14 5x5.00 1.3PEN MILLS, INC. 152143 04/30/14 52:.50 BJ ER & TAYLOR 152144 04/30/14 1,21.1.32 BARNA GUZY & STEFFEN LTD 152145 04.'-0/14 33.00 BELLPOY BAR SUPPLY 152146 04/3u/14 57;.91 BELLBOY CORPORATION 152147 04/30/14 6,744.44 BEN I4EAD0117S COMPANY 1.`2148 04/30/14 131.07 BERNICK'S WINE 15214' 04/30/14 950.35 BITUMINOUS ROADWAYS, INC 112150 04/30/14 38,578.55 BRIGHTON VETERINARY HOSP 152151 04/30/14 2,040.00 BUREAU OF CRIMINAL APPRE 152152 04/30/14 630.00 BUSINESS J- )URNAL /THE 152153 04/30/14 9L.u0 CAPITOL BE'.FRAGE "ALES L 152154 04/30/14 16,421.73 CECENA /MICHELLE 152155 04/30/14 3.`..00 CENGAGE LEARNING INC 152156 04/30/14 :14_.::7 CENTURYLINK 152157 04/30/14 2_°1.05 CHAMBERLAIN OIL COMPANY 1E2118 04/30/14 7--..-'S CITY OF MINNEAPOLIC 152159 04/30/14 7.00 CITY OF CT PAUL 15216U 04/30/14 Cl�r, -COLA EOTTLING I4IDWE 152161 u4,30/14 5E1.27 D &D INSTRUMENT.; INC. 152162 04/30/14 2•.05 Dr..ES SPORT bHCP 1521'3 04/30/14 89`.14 DOUGHERTY /RENEE 1521.. -4 'u4/30/14 64.29 EHLERS :: ASSOCIATES INC 1521;5 04/30/14 560.7E ESS BROTHERS �, SONS INC 152116 04/30/14 3,149.00 EXTREME BEVERLGE 1`2167 04/30/14 205.00 FERGUSON WATEL.WORKS INC 1`216,' 04/30/14 713.62 FINISHING TOUCH CbR CARE 1.`.2165 04/30/14 61.59 FIRST ADVANT ;AGE LNG SCRE 152170 04/30/14 5 +6.00 G & K SER''ICES INC 152171 04/30/14 318.91 GENERAL OFFICE PRODUCTS 152172 04/30/14 840.00 GENUINE PP.RTS /NAPA AUTO 152173 04/30/14 -1.21 HD SUPPLY WATER C -.RKS IN 152174 04/30/14 (65.r0 HOHENSTEIN5' INC 152175 04/30/14 7,305.75 HOME DEPT #28.02 152176 04/30/14 _ .39 IDEAL ADVERTISING INC. 152177 04/30/14 7,062.00 INDEED BREWING COMPANY L 152178 0410/14 310.00 INTEGRATED LOSS CONTROL 152179 04/3u/14 .JO 43 CITY OF COLUMBIA HEIGHTS GL540R- VO7.24 PAGE 1 ACS FINANCIAL SYSTEM 05/08/2014 13:31:21 Che-k Hi:,tory 05/12/2ul4 COUNCIL LISTING BANK VENDOR CHECK# CHECK DATE AMOUNT BANK CHECKING ACCOUNT JJ TAYLOR DIST CF 11N 152180 04/30/14 16,375.38 JOHNSON BROS. LIQUOR CO. 152181 04/30/14 8,782.64 K[NDRICF!E .=,RB 1521G2 04/30/14 .'C.18 L2:,DDEN, GAILNTER, HANSEN 1521-•, 04/30/14 _ .50 Ni,RTIN- MCALLISTER INC 152184 04/31,'14 - ,6uG.u0 MEDIA'S TRAINING INC 152117 04/30/14 ;,5.00 NENARDS CF,FHWAY LUMBER -F 152156 04/30'14 31.16 MID�'r.Y FORD 152187 04/ 0'14 , 1.6, u MIDWEa,T TAPE 152188 04,';0/14 e3.- MN HIGHWAY SAFETY & RESE 152189 04/30/14 390.00 NECPOST INC 152190 04/30/14 2,741.14 NSI MECHANICAL CONTRACTS 152141 04/30/14 1,996.54 OFFICE DEFT 152192 04/30/14 347.56 OLSON /KAREN 152193 04;30/14 43.83 ON SITE SANITATION INC 15211,4 04/30/14 96.44 ORIENTAL TRADING COMPANY 15219' 04/30/14 52.00 RAPID GRAPHICS & MAILING 152116 04/'01/14 272.00 RJM DISTRIBUTING INC 1521'7 04/3,/14 369.30 ROYAL TIRE 15219P. 04/3,/14 3,233.84 RYDEERG/ SC )TT 15211Y 04.130/14 55.00 GENK- /JACKIE 152200 04/30.114 25.00 '_JUTHERN WINE & SPIRITS 152201 04/30,14 391.17 SPRINT INC 152202 04/30/14 .'9.99 STAPLE.° AD "ANTAGE 1522(? 04/30/19 16.68 STEAD: ,ND CASE INC 152204 04/30/14 1,233.SO STREICHER'S GUN'S INC /DO 1521-0- 04/30/14 129.97 TITUS,MAGGIE 152200 04/30/14 1,234.90 TKO WINES INC 152207 04/30/14 864.00 TRENDS, CYCLES & SWINGS 152208 04/30/14 14'_40 TWIN CITY HARDWARE INC 152209 04/30/14 87.22 UNIQUE MANAGEMENI SERVIC 152210 04/30/14 134.25 `.'INOCCPIA INC 1.`2211 04/30/14 615.50 V'GEL PAINT & WAX COMPAN 102212 04/30/14 2,990.25 WHrLESALE TRUCK -TRLR PR 1`_2213 04/30/14 53.98 WIRTZ BE"ER;:GE MINNE,iCTA 152214 04/::0/14 2,287.26 WIRTZ BEVERAGE MINNE.S,TA 152215 14/30/14 16,393.03 XCEL ENERGY (N . P) 152216 04/30/14 21,961.13 ZIEGLER INC 152217 04/30/14 1,93 1.u0 NORTHEA: -T BF,NK CRELIT CA 152218 04/30/14 0.00 AAA ;-WARD-, 15221_! 05/07/14 2,2.50 ACE HARDWARE 152220 05/07/14 16.47 AID ELECTRIC SERVICE INC 1F2221 05/07/14 1,353.00 AMERICAN BOTTLING COMPAN 1.`222 05/07/14 691.69 AMERIPRIDE LINEN INC 152223 05/07/14 33e.76 ARTISAN BEER COMPANY 152224 05/07/14 364.75 BELLBOY B "F, SUPPLY 152225 05/07/14 415.24 BELLBOY CORPORATION 152226 05/07/14 9,569.67 44 CITY OF COLUMBIA HEIGHTS GL540R- %'07.24 PAGE 2 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/08/2014 13:31:21 Check History GL540R- V07.24 PAGE 3 05/12/2014 COUNCIL LISTING BANK `.'ENDOR CHECK# CHECK DATE AMOUNT BANK CHECKING ACCOUNT BERNICK'fi MINE 152227 05/07/14 1,747.30 CAPITOL BE':'ERAGE SALES L 1`2229 05/07/14 20,4• 42 CENTRAL LAND:'CnE SUPPLY 152229 05/(7/14 3,220.00 CITY OF ST ANTHONY 1522:'0 0`/07/14 4,051.10 CITY PAGES 152231 05,07/14 90••.00 COCA -COLA BOTTLING MIDWE 1.`232 01/07/14 672.54 COLUMBIA HEIGHTS RENTAL 15223:. 05/07/14 53.00 ECM PUBLISHERS INC 1522..4 05/07/14 338.01) FILTRATION SYSTEMS INC 152235 05/07/14 2,229.10 FLAT EARTH BREWING COMPA 152236 05/07/14 PC.JO FLEX COMPENSATION, INC 152237 05/07/14 121.1)n FGTH INFRARTRUTRE &ENVIRO 15223c 05/07/14 6,196.75 G >. K SER "ICES INC 15223- 05/07/14 2• ",.93 F RRISJN /SHARON E 152240 05/07/14 50.00 GENUINE PARTS /NAPA AUTO 152241 05/07/14 4'.26 HANSCN /ERIC 152242 05 =/07/14 99.01 HI -TECH REFRIGERATION 152243 05 /07/14 1,060.36 HOHENSTEINS INC 152244 05/07/14 1,897.35 JJ TAYLOR DIST OF MN 1:,224` 65/07/14 19,802.32 JOHNSON BROS. LIQUOR CO. 152240 05 1)7/14 20,850.61 LEAGUE OF MN CITIES INS 152247 05/07/14 1,000.01 LUND /TIM 152248 05/07/14 146.74 MAC QUEEN EQUIPMENT CO. 152249 05/07/14 127.15 MENARDS CASHWAY LUMBER -F 152250 05/07/14 27,.04 METROPOLITAN COUNCIL WAS 152251 05/07/14 81,255.63 MIDWAY FORD 152252 01/n7/14 MILLER /KEITH & KARI 152253 05,'07/14 3,.37 MINNEAPOLIS SAW CO INC 15221-4 05,'u7/14 3C.,)0 1114 DEPT OF ADN,INISTR]'.TIO 15225` 05/07!14 74.07 MN DEPT OF HEALTH 1522.`.1 05,'07/14 41.00 N,RTHEASTER 152257 05/07/14 445.10 N6I MECHANICAL CONTRACTI 152218 05/07/14 -61.2S PHILLIPS WINE & SPIRITS 15225" 05/07/14 5,535.41 c C_)TT /LAWRENCE L. 152200 05/07/14 :s—) FE,z'LL LOT MN 1522.1 05/07,14 °.On bOUTHERN WINE & SPIRITS 152LCL 05/07/14 795.30 T- MDBILE INC 1522F? JS/07/14 34' .0? TEE JAY NC'RTH INC 1522-4 05/1)7/14 1,005.74 THANE HAWKINS POL =.R CHEV 152265 (,5/07'14 24,93.;.3 TOUSLEY FORD 152211 15/,7/14 13.11 TRENDS, CYCLES & S4,INGS 1522,:7 05/07/14 410.00 TRUGREEN CHEMLAWN 1522(- 05/07/14 1,445.46 TWIN CITIES JUNK HAULING 15226.1 05/07/14 832.J0 VALPAK OF MINNEA£JLIS /. "T 1'2270 05/07/14 880.00 VECHELL /PAT 152271 05/07/14 18.00 VERIZON WIRELESS 152272 05/07/14 959.72 VINOCOPIA INC 1.52273 05/07/14 747.75 45 ACS FINANCIAL SYSTEM 05/08/2014 13:31:21 BANK VENDOR BANK CHECKING ACCOUNT WHOLESALE TRUCK- TRLI'. PR WIRTZ BEVERAGE MINNESOTA WIRTZ BEVERAGE MINNESOTA Check Hi,.tory 05/12/2014 COUNCIL LISTING CHECK# CHECK DATE AMOUNT 152274 05,'07/14 147.86 152275 05/07/14 9,280.11 1522"7+, 05/07/14 9,824.83 428,905.75 46 CITY OF COLUMBIA HEIGHTS GL540R- V07.24 PAGE 4 ACS FINANCIAL SYSTEM 05./09/2014 13:31:21 Check History 05/12/2014 COUNCIL LISTING BANK VENDOR CHECK# CHECK DATE AMOUNT REPORT TOTALS: 429,905.75 RECORDS PRINTED - 000745 CITY OF COLUMBIA HEIGHT; GL540R- x'07.24 PAGE 5 ACS FINANCIAL SYSTEM 05/08/2014 13:31:21 Check History FUND RECAP: FUND DESCRIPTION DISBURSEMENTS 101 GENERAL 41,"43.17 201 COMdUNITY DE'.ELOPMENT FUND 202.21 204 El P. ADMINISTRATION 358.75 212 ST.' -.TE AID MAINTENANCE 2,866.24 2<., :- PE^IAL PROJECT REVENUE 205.00 240 LILRF.RY 4,644.71 2:1 AFTER- SCHOOL PROGRAMS ?G1. °1 415 CF.PITAL IMPR%'IJT - PIR PROJ 39, 76'.3. 430 INFR.,STRUCTUPE FUND 62.9., 4:1 -AP E,tUIP REPLACE- GENERAL 25,09 .61 601 SdATER UTILITY 3,3 ?7.35 -0�, SEWER UTILITY 91,02 .30 REFUSE FUND 1,374.29 604 STORM SEWER UTILITY i, 05',.6(' 609 LIQUOR 188, ^44.23 651 WATER CONSTRUCTION FUND -511.31 7CI CENTRAL GARAGE 10,527.34 -20 INFORMATION FYf:TEMS 26.b4 PEI CONTRIBUTED PR- JECTS -REC 7,957.;4 ?d4 INSURANCE 1,600.00 S'7 FLEX EENEFIT FUND 125.00 TOTAL ALL FUNDS 428,905.75 BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT 428,905.75 TOTAL ALL BANKS 428,905.75 48 CITY OF COLUMBIA HEIGHTS GL060S -1 70'1.24 RECAPPAGE GL540R COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of May 12th, 2014 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Approve Conditional Use Permit for BY: Elizabeth Holmbeck BY-114 � LED Sign at Super Ainerica -5000 Central DATE: May 8 "', 2014 Avenue NE. BACKGROUND: At this time Lawrence Sign, representing Super America is requesting a Conditional Use Permit (CUP) to allow a dynamic Light Emitting Diode (LED) sign at 5000 Central Avenue NE. The proposed LED sign requires a CUP in the GB, General Business Zoning District. Lawrence Sign is proposing to retrofit the existing pylon sign by adding LED price displays to the lower portion of the sign. A rendering of the proposed sign, which includes dimensions, is attached. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing on May 6"', 2014 and reconunended approval with a unanimous vote with four conditions listed in the staff report. 1. The dynamic LED signs may occupy no more than sixty percent (60 %) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 3. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 4. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dinuner control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. 49 RECOMMENDED MOTION: MOTION: Move to close the public hearing and waive the reading of Resolution 2014 -31, there being ample copies available to the public. MOTION: Move to adopt Resolution 2014 -31, being a resolution for a Conditional Use Permit for a proposed Dynamic LED Sign for Super America located at 5000 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. Altachrnents: Resohtlion 2014-31 Planning Report Location ,flap Sign Drawing Applicant 's Narralive COUNCIL ACTION: 50 RESOLUTION NO. 2014-31 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN LED SIGN AT SUPER AMERICA- 5000 CENTRAL AVENUE NE. WHEREAS, a proposal (Case # 2014 -0501) has been submitted by Lawrence Sign, representing Super America to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 5000 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 dynamic LED sign to be located in the GB, General Business Zoning District. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on May 6 "" 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 ill 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 Coil] nllssioll: 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 tile 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. 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 use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 51 Resolution. No. 2014 -31 Page 2 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) calendca- year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: The dynamic LED signs may occupy no more than sixty percent (60 %) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 3. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 4. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight howl and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half-hour after sunrise. Passed this 12`r' day of May, 2014. Offered by: Seconded by: Roll Call: Ayes: Nays: Attest: Carole J. Blowers Secretary Pro Tern 6YA Mayor Gary L. Peterson CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2014 -0501 DATE: April 30, 2014 TO: Columbia Heights Planning Commission APPLICANT: Lawrence Sign LOCATION: 5000 Central Avenue NE REQUEST: Conditional Use Permit for LED Sign PREPARED BY: Elizabeth Holmbeck, Associate Planner BACKGROUND At this time Lawrence Sign, representing Super America is requesting a Conditional Use Permit per Code Section 9.106 (10) (C) (1) to allow a dynamic Light Emitting Diode (LED) sign in the GB, General Business Zoning District. A dynamic LED sign would include any components of a sign that appear to have movement or that appear to change, caused by a method other than physically removing and replacing the sign or its components. This also includes any moving, flashing, blinking or animated display and any display that incorporates LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. The property located at 5000 Central Avenue NE (Super America) is designated in the Comprehensive Plan for commercial use and zoned GB, General Business as are the properties to the north, south, east and west. Dynamic LED signs are permitted in the General Business District as a Conditional Use. Lawrence Sign is proposing to retrofit the existing pylon sign by adding LED price displays to the lower portion of the sign. A rendering of the proposed sign, which includes dimensions, is attached. DESIGN GUIDELINES According to the City's Design Guidelines, ground or monument signs are encouraged rather than pylon signs. Due to the fact that the sign currently on the property is a pylon sign and the surrounding zoning districts are Commercial, replacing the pylon sign with an LED pylon sign is compatible, and will not change the overall character of the area. 53 City of Columbia Heights Planning Commission Tv 1 @ _April 30`x', 2014 - Lawrence Sign, Conditional Use Permit Case # 2014 -0501 FINDINGS OF FACT" (Conditional Use Permit) 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. Dynamic LED signs are specifically listed as a Conditional Use in the GB, General Business District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for Commercial Use. (C) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not result any additional noise and should not disrupt neighboring properties. (d)The use will not substantially diminish the use of the property in the immediate vicinity. The use of property in the immediate vicinity will not be diminished by the placement of an LED sign at 5000 Central Avenue NE. (e) The use will be designed, constructed, operated, and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The applicant will have to abide by specific development standards as they relate to LED signs. These standards will help ensure compatibility with the appearance of the existing surrounding area. (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 April 30`x', 2014 Lawrence Sign, Conditional Use Permit Case # The use of a dynamic LED sign at this location will not affect traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. By subjecting the use of a Dynamic LED sign to specific development standards, it is intended that the use will not cause a negative cumulative effect. (i) The use complies with all other applicable regulations for the districts in which it is located. This is correct. RECOMMENDATION Staff recommends approval of the proposed Conditional Use Permit for a dynamic LED sign located at 5000 Central Avenue NE. Motion: Move to close the public hearing and waive the reading of Resolution 2014 -31, there being ample copies available to the public. Motion: The Planning Commission recommends that the City Council approve the Resolution NO. 2014 -31 for a Conditional Use Permit for a proposed dynamic LED sign for Lawrence Sign representing Super America, located at 5000 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 dynamic LED signs may occupy no more than sixty percent (60 %) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynarnic display area is allowed on a sign face. 2. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 3. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. Page 3 55 City of Columbia Heights Planning Commission April 3V', 2014 Lawrence Sign, Conditional Use Permit Case # 20I 0501 4. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. ATTACHMENTS • Draft RESOLUTION NO. 2014-31 ® Location Map o Sign Drawing o Applicant's Narrative Page 4 56 5000 Central Avenue NE 57 9 00 co q-10 LJ cr ro CFO, Pu U-79 W V-3 40 ro CD (D I- Ck (D F (D fn un cr (D CD I vi a G30 to m m IS CP CDCO CD m 0 0 pr wl- Ful 0 V 00 CN CMM COP) r_r.�r r_r_r r�r r r_r r . • -W LC cv CfCk :w CO V; q-10 cr ro W V-3 40 CD F un cr (D CN CMM COP) r_r.�r r_r_r r�r r r_r r . • -W LC cv CfCk :w CO V; C 9 1- k if Ve fo M-0 r Rf3 4HQ1: C) -i� Iry R AU Ut 58 q-10 ro CL CD C 9 1- k if Ve fo M-0 r Rf3 4HQ1: C) -i� Iry R AU Ut 58 Columbia Heights, MN Conditional Use Permit Application Reason for Request: Lawrence Sign proposes to retrofit Super America's pole sign on 5000 Central Ave NE with LED price displays. Electronic price displays are a standard means for promoting business in the motor fuel station industry, and retrofitting the existing pole sign with an LED display will enable Super America to remain competitive with local markets. The proposed LED pricer will conform to all Dynamic Zoning Requirements of Columbia Heights. 59 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of May 12`x', 2014 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Conununity Development APPROVAL ITEM: Variance for a proposed accessory BY: Elizabeth Holmbeck BY:� structure- 1121 39 °i Avenue NI. DATE: May 8°', 2014 BACKGROUND: At this time Grace Lee, is requesting a Variance for a proposed accessory structure at 1121 39th Avenue NE. The applicant is requesting to allow an accessory structure to be located within five feet of the front property line. A drawing of the proposed accessory structure is attached. The applicant is requesting one waiver to the following sections of City Code. 1) Waiver to Section 9.106 (B) (8)- allowing an accessory structure to be located within 5 feet of the front property line. The property located at 112139"' Avenue NE is zoned R -2A, one and two Family Residential as are the properties to the north, south, east and west. The Comprehensive Plan designates this area for low density residential. Being that the accessory structure would be for the existing house, the Variance request is consistent with the types of uses guided for this area. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing on May 6 "i, 2014 and reconunended approval with a unanimous vote. Staff recommended approval of the Variance requested, finding that: 1. Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City Council to grant Variances. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. b) The conditions upon which the variances are based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. 60 RECOMMENDED MOTION: MOTION: Move to close the public hearing and waive the reading of Resolution 2014 -32, there being ample copies available to the public. MOTION: Move to adopt Resolution NO. 2014-32, being a resolution approving a Variance for a proposed accessory structure for Grace Lee to be located at 112139"' 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. Attachments: Resolution 2011 -32 Planning Report 1pplicani's A'arrative Site Surrey (2) COUNCIL ACTION: 61 RESOLUTION NO. 2013 -32 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR 1121391" Avenue NE WHEREAS, a proposal (Case 9 2014 -0502) has been submitted by the City of Columbia Heights to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 1121 39'x' Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: allowing an accessory structure to be located within 5 feet of the front property line per Code Section 9.106 (B) (8). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on May 6"', 2014; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Connnnission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The granting of the variance will not be materially detrimental to the public welfare or materially h jurious to the enjoyment, use, development or value of property or improvements in the vicinity. 62 Resolution No. 2014 -32 Paae 2 FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. Passed this 12th day of May, 2014. Offered by: Seconded by: Roll Call: Ayes: Nays: Attest: Carole J. Blowers Secretary Pro Tern 63 Mayor Gary L. Peterson CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2014 -0502 DATE: April 30, 2014 TO: Columbia Heights Planning Commission APPLICANT: Grace Lee LOCATION: 1121 39th Avenue. NE REQUEST: Variance PREPARED BY: Elizabeth Holmbeck, Associate Planner INTRODUCTION At this time Grace Lee, is requesting a Variance for a proposed accessory structure at 1121 39t" Avenue NE. 1) Waiver to Section 9.106 (B) (8)- allowing an accessory structure to be located within 5 feet of the front property line. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for low density residential. Being that the accessory structure would be for the existing house, the Variance request is consistent with the types of uses guided for this area. ZONING ORDINANCE The property located at 1121 39th Avenue NE is zoned R -2A, one and two Family Residential as are the properties to the north, south, east and west. FINDINGS OF FACT (Variances) Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City Council to grant Variances. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. 64 City of Columbia Heights Planning Commission _ April 30th, 2.01.4 1121 39`h Avenue NE, Variance Case # 2014 -0502 The parcel at 9129 39t" Avenue NE is triangular in shape and as such poses difficulties for the property owner to erect a garage within the allowed setbacks. b) The conditions upon which the variances are based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. This is correct. The triangular shape of this parcel is unique and only applies to a limited amount of properties in the City of Columbia Heights. c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. This is correct. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. This is correct. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. This is correct. RECOMMENDATION Staff recommends approval of the proposed Variance for an accessory structure, located at 1121 39th Avenue NE. Motion: Move to close the public hearing and waive the reading of Resolution 201432, there being ample copies available to the public. Motion: The Planning Commission recommends that the City Council approve the Resolution No. 2014 -32 approving a Variance for an accessory structure located at 1121 39th 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: Page 2 65 City of Columbia Heights Planning Commission 6 April 30"', 201.4 1121 39 "' Avenue NE, Variance Case #t 2014 -0502 1) Waiver to Section 9.106 (B) (8)- allowing an accessory structure to be located within 5 feet of the front property line. ATTACHMENTS ® Draft RESOLUTION NO. 2014 -32 © Applicant's narrative Site Survey (2) Page 3 66 To: City of Columbia Heights Planning and Zoning Commission From: Home owner, Grace Lee Date: April 7, 2014 RE: Variance Application for 112139"' Ave NE L_��/- I am applying for a Variance Application to build a standard two car garage on an existing parking pad at 1121391" Ave NE. Please note that the single family home was originally built without a garage. Also, because the lot is irregularly shaped (triangular), the set -back requirements are rather tight. One contractor has said that in order to meet the set -back requirements, we would have to cut down a very large tree. TI ha k you, Grace Lee 67 JAM 1. -3 L. KURTM LAND BUR00EVAR SCANNED 4002 JEFFERSON ST. N.E. 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