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HomeMy WebLinkAbout08-10-2015 Regular MeetingCITY OF COLUMBIA HEIGHTS _590 40'n Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Visit our website at: www.ci.columbia- heiehts.mn.us Mayor Gary L. Peterson Councilmembers Robert A. Williams Bruce Nawroeki Donna Schmitt John Murzyn, Jr. 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 August 10, 2015 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.ROLL CALL 1INVOCATION Invocation provided by Bob Lyndes, Crest View Senior Community 4.PLEDGE OF ALLEGIANCE 5.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.) 6.PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Sister Cities' sharing of recent National Award for "Best Overall Program" B. Recognition of Library Volunteers 7.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 pg 5 MOTION: Move to approve the minutes of the City Council meeting of July 27, 2015. B. Accept Board and Commission Meetin); Minutes MOTION: Move to accept the July 16, 2015 Charter Commission Minutes pg 14 MOTION: Move to accept the April 28, 2018 HRA Commission Minutes pg 16 MOTION: Move to accept the June 1, 2015 EDA Commission Minutes pg 20 MOTION: Move to accept the July 6, 2015 Traffic Commission Minutes pg 30 MOTION: Move to accept the July 1, 2015 Library Board Minutes pg 34 MOTION: Move to accept for review the unapproved P &Z minutes from August 5, 2015 pg 36 City Council Agenda Monday August 10, 2015 Page 2 of 4 C. Establish date for 2015 Public Special Assessment Levy Hearing for: Seal Coat Alley pg 56 Improvement, Street Rehabilitation, MSAS Mill & Overlay And Delinquent Accounts MOTION: Move to establish Monday, October 5, 2015 at 6:00 p.m. as the Public Special Assessment Levy Hearing for City Project #1301 Zone 7 Seal Coat, to be held in the City Council Chambers. MOTION: Move to establish Monday, October 5, 2015 at 6:15 p.m. as the Public Special Assessment Levy Hearing for City Project #1402 Concrete Alley Construction, to be held in the City Council Chambers. MOTION: Move to establish Monday, October 5, 2015 at 6:30 p.m. as the Public Special Assessment Levy Hearing for City Project #1502 Zone 1 Street Rehabilitation, to be held in the City Council Chambers. MOTION: Move to establish Monday, October 5, 2015 at 6:45 p.m. as the Public Special Assessment Levy Hearing for City Project #1505 M.S.A.S. Mill & Overlay, to be held in the City Council Chambers. MOTION: Move to establish Monday, October 5, 2015 at 7:00 p.m. as the Public Special Assessment Levy Hearing for Delinquent Accounts, to be held in the City Council Chambers. D. Resolution approving a subordination of mortgage in connection with the City's Single pg 57 Family Deferred Loan Program. MOTION: Move to waive the reading of Resolution 2015 -58, there being ample copies available to the public. MOTION: That the City Council approve the subordination of Mortgage in connection with the City's SFDL Program. E. Title: Resolution approving the lot combination for the property located at 3927 Central Ave. pg 63 NE. and 3939 Central Ave. NE. MOTION: Wave the reading of Resolution 2015 -50, there being ample copies available to the public. MOTION: That the City Council approve the lot combination for the property located at 3927 Central Ave. NE. and 3939 Central Ave. NE. F. Approve Business License Applications pg 65 MOTION: Move to approve the items as listed on the business license agenda for August 10, 2015 as presented. G. Payment of Bills pg 67 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 157665 through 157853 in the amount of $ 1,501,582.00. MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS 1. Public Hearing to adopt Resolution 2015 -49 being a Resolution levying and adopting the pg 77 assessment for alley light area no. 677 -45 MOTION: Move to close the public hearing and waive the reading of Resolution 2015 -049, there being ample copies available to the public. City Council Agenda Monday August 10, 2015 Page 3 of 4 MOTION: Move to adopt Resolution 2015 -049, being a Resolution levying and adopting the assessment for Alley Light Area No. 677 -45. 2. Consideration of Resolution approving a Conditional Use Permit for the property located at 3912 pg 82 Central Avenue NE. MOTION: Move to close the Public Hearing and wave the reading of Resolution 2015 -35, there being ample copies available to the public. MOTION: That the City Council approve the Conditional Use Permit for the property located at 3912 Central Avenue NE. 3. Resolution approving a Conditional Use Permit for the property located at 1400 49th Ave. NE. pg 104 MOTION: Move to close the Public Hearing and wave the reading of Resolution 2015 -55, there being ample copies available to the public. MOTION: That the City Council approve the Conditional Use Permit for the property located at 1400 49th Ave. NE. 4. Resolution approving a Variance for the property located at 4040 Central Ave. NE. pg 124 MOTION: Move to close the Public Hearing and wave the reading of Resolution 2015 -56, there being ample copies available to the public. MOTION: That the City Council approve the Variance for the property located at 4040 Central Ave. NE. 5. Resolution approving a Variance for the property located at 4101 Central Ave. NE._ pg 137 MOTION: Move to close the Public Hearing and waive the reading of Resolution 2015 -57, there being ample copies available to the public. MOTION: That the City Council approve the Variance for the property located at 4101 Central Ave. NE. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations 1. Library Bid Package No. 2, City Project No. 1410 pg 152 MOTION: Move to accept bids and award General Building Construction including alternates 3, 4, 5, 6, 13, and 14 for the New Library, City Project No. 1410, to Ebert Construction, based upon their low, qualified, responsible bid in the amount of $5,112,600 from Fund 450 -51410 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. MOTION: Move to accept bids and award Fire Protection for the New Library, City Project No. 1410, to Breth- Zensen, based upon their low, qualified, responsible bid in the amount of $47,330 from Fund 450 -51410 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. MOTION: Move to accept bids and award Building Mechanical including alternates 1, 2 and 3 for the New Library, City Project No. 1410, to Cool Air Mechanical, based upon their low, qualified, responsible bid in the amount of $815,000 from Fund 450 -51410 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. MOTION: Move to accept bids and award the Building Electrical including alternates 1 and 8 for the New Library, City Project No. 1410, to Peoples Electric Company, based upon their low, qualified, responsible bid in the amount of $750,500 from Fund 450 -51410 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. City Council Agenda Monday August 10, 2015 Page 4 of 4 2. Library Sewer and Water Services, City Project No. 1410 pg 154 MOTION: Move to accept bids and award Sewer and Water Services for the New Library, City Project No. 1410, to , based upon their low, qualified, responsible bid in the amount of $ from Fund 450 -51410 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 11. 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. 12. ADJOURNMENT Walt Fehst, City M nager Minutes of City Council Meeting July 27, 2015 Page I of 9 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JULY 279 2015 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY JULY 27, 2015 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA LCALL TO ORDER Mayor Peterson called the meeting to order at 7:01 p.m. 2.ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Schmitt, Williams and Murzyn, Jr. Also Present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Kelli Bourgeois, Human Resources Director /Assistant to the City Manager; Joe Kloiber, Finance Director; John Larkin, Assistant Fire Chief, Katie Bruno, City Clerk/Council Secretary 1INVOCATION Invocation provided by Malcom O. Watson 4.PLEDGE OF ALLEGIANCE Recited 5.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.) Mayor Peterson announced that item 8B will be removed, as all conditions have been rectified. 6.PROCLAMATIONS. PRESENTATIONS. RECOGNITION, ANNOUNCEMENTS, GUESTS 7.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 July 13, 2015. B. Consideration of Resolution 2015 -54 transferring the remaining 2014 General Fund surplus of $500,000 to the Capital Equipment Replacement Fund 431 to offset Minutes of City Council Meeting July 27, 2015 Page 2 of 9 the cost of the fire truck purchase included in the 2015 budget. *Removed for discussion C. Accept Proposals and Award Contract RAP Implementation and Construction Contingency Plan for Construction of the New Library Project No. 1410. *Removed for discussion. D. Accept Proposals And Award Contract For Construction Testing and nd S ep cial Inspections for Construction of the New Library, Proiect No. 1410. * Removed fo discussion. E. Approval of the attached list of rental housing licenses MOTION: Move to approve the attached list of rental housing licenses. F. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for July 27, 2015 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 157499 through 157664 in the amount of $ 1,035,624.08. Councilmember Nawrocki requested that items B, C and D be removed from the Consent Agenda for Discussion. Motion by Councilmember Williams, seconded by Councilmember Nawrocki to approve Consent Agenda items A, E, F and G. All Ayes, Motion Carried. Councilmember Nawrocki requested that the following items be removed from the Consent Agenda for discussion: B. Consideration of Resolution 2015 -54 transferring the remaining 2014 General Fund surplus of $500,000 to the Capital Equipment Replacement Fund 431 to offset the cost of the fire truck purchase included in the 2015 budget Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution 2015 -54, there being ample copies available to the public. All Ayes, Motion Carried. Councilmember Nawrocki asked if the purchase of the fire truck was budgeted for. City Manager Walt Fehst stated that it was included in the budget; however the Equipment Replacement fund did not include the replacement of fire equipment. Councilmember Nawrocki asked what the current balance is in the Equipment Replacement fund. Finance Director Joe Kloiber reported the balance was about $4,000,000 in the beginning of the year, noting that the balance is expected to be exhausted by 2021. City Manager Walt Fehst explained the account was set up to replace equipment as necessary, with the exclusion of fire equipment. Minutes of City Council Meeting July 27, 2015 Page 3 of 9 Councilmember Nawrocki questioned why it is necessary to change the funding source. It was explained that it is necessary to keep the Equipment fund solvent for the long term. Councilmember Nawrocki stated that he is opposed to the transfer, noting he thinks the surplus should be used to reduce the 2016 tax levy. Councilmember Schmitt clarified that this item was approved in 2014, as part of the 2015 budget. Councilmember Schmitt asked why fire trucks are not included in the Capital Replacement plan. Director Kloiber explained that the Capital Equipment fund was created about 15 years ago, since that time only one fire truck was purchased, primarily through grant funds. Additionally, the city created a separate fund for other fire equipment from an overfunded pension plan, this was allowed by PERA, provided the funds were used for other fire equipment. Over the last twelve years, this has been the source for fire equipment, this fund is nearly depleted. Councilmember Schmitt asked what steps are being taken to correct this. Director Kloiber stated that fire equipment will be incorporated into the City's replacement schedule. Councilmember Schmitt questioned how much we will have to increase the fund to make it sustainable. Director Kloiber explained it will be an on -going funding source. Councilmember Nawrocki stated he feels that moving the surplus money is a disservice to the budgetary function, and he is opposed to the item. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to adopt Resolution 2015 -54, transferring the remaining 2014 General Fund surplus of $500, 000 to the Capital Equipment Replacement Fund 431, to offset the cost of the fire truck purchase included in the 2015 budget. 4 Ayes, I Nay, Motion Carried. Ayes: Peterson, Williams, Murzyn, Jr. and Schmitt. Nay: Nawrocki C. Accept Proposals and Award Contract RAP Implementation and Construction Contingency Plan for Construction of the New Library, Project No. 1410 Councilmember Nawrocki requested an update be given to the public. Kelli Bourgeois; HR Director /Assistant to the City Manager explained the RAP (Response Action Plan) is required by the PCA as this is a Brownfield Site. Requests for proposals were sent out to five geotechnical firms, two firms responded. The Public Works Director /City Engineer Kevin Hansen's recommendation is to award to the lowest bidder; ProSource in the amount of $25,830. Motion by Councilmember Williams, seconded by Councilmember Schmitt to award the Geotechnical Services for the RAP Implementation and Construction Contingency Plan for the new City Library, Project 1410, to the firm of ProSource Technologies based upon their proposal dated July 15, 2015 for a lump sum fee of $25,830, plus reimbursables, appropriated from Fund 450 -51410 -3050. All Ayes, Motion Carried. D. Accept Proposals And Award Contract For Construction Testing and Special Inspections for Construction of the New Library, Project No. 1410 Minutes of City Council Meeting July 27, 2015 Page 4 of 9 Kelli Bourgeois; HR Director /Assistant to the City Manager reported that requests for proposals were sent out to five geotechnical firms, two firms responded. The Public Works Director /City Engineer Kevin Hansen's recommendation is to award to the lowest bidder; Braun Intertec in the amount of $67,040. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to award the Geotechnical Services for the Construction Testing and Special Inspections for the new City Library, Project 1410, to the firm of Braun Intertec based upon their proposal dated July 15, 2015 for a lump sum fee of $67,040, plus reimbursables, appropriated from Fund 450 -51410 -3050. All Ayes, Motion Carried. 8. PUBLIC HEARINGS A. Adopt Resolution 2015 -48, being declarations of nuisance and emergency abatement of violations within the City of Columbia Heights regarding, property at 666 40th Avenue NE. Assistant Fire Chief John Larkin reported that the property has been found to be unsecured on more than one occasion. A contractor has been sent out to secure the property. Councilmember Nawrocki commented that the grass is overgrown as well. Assistant Chief Larkin confirmed that the property has not been maintained for a while, and the owner has been unresponsive. Motion by Councilmember Williams, seconded by Councilmember Nawrocki to close the public hearing and to waive the reading of Resolution 2015 -48, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Nawrocki to adopt Resolution Number 2015 -48, being resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the emergency abatement of violations from the property pursuant to City Code section 8.206 All Ayes, Motion Carried. B. This item has been removed from agenda. Corrections were made and re- inspection fees were paid. C. Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding properties at 4110 Jefferson Street NE (2015 -52) and 3865 Tyler Street NE (2015 -53) for failure to meet the requirements of the Residential Maintenance Code Assistant Fire Chief John Larkin reported that letters have been sent out to both property owners. Mr. Larkin stated that the department attempts to work with the property owners, and would prefer the property owner make the required corrections. This action gives the City the authority to make the corrections in the event the property owner does not. Councilmember Schmitt requested photos be submitted with council reports on the future. Minutes of City Council Meeting July 27, 2015 Page 5 of 9 Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to close the public hearing and to waive the reading of Resolution Number 201 5 -52, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to adopt Resolution Number 2015 -52 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206 All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to close the public hearing and to waive the reading of Resolution Number 2015 -53 there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to adopt Resolution Number 2015 -53 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS City Manager Walt Fehst encouraged residents to participate in National Night Out on Tuesday August 4th, noting this is a good opportunity to meet their neighbors, as well as elected officials and city staff. Mayor Peterson stated that there will be "City of Peace" t -shirts distributed at the parties. Councilmember Nawrocki requested city staff provide detailed voice -mail messages, indicating when they will be available. 11. CITIZENS FORUM There were not any residents wishing to speak. 12. ADJOURNMENT Mayor Peterson announced the Recreation department will be performing "A Family Reunion to Die For" on August 13th at Murzyn Hall. Mayor Peterson reminded us to remember our servicemen and servicewomen and not to take ourselves too seriously and to try to do a random act of kindness. Meeting adjourned at 7:42 p.m. Respectively Submitted, Katie Bruno, City Clerk Minutes of City Council Meeting July 27, 2015 Page 6 of 9 RESOLUTION 2015 -48 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving emergency abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Michael Thoennes (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 666 40'h Avenue N.E. Columbia Heights, Minnesota. 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 July 20, 2015 the Fire Department responded to a complaint at the address listed above. Inspectors noted that the structure was open and unsecured. 2. That on July 20, 2015 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 emergency abatement of the hazardous situation located at 666 - 40th Avenue N.E. CONCLUSIONS OF COUNCIL 1. That the property located at 666 40th Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That the emergency abatement of the hazardous situation located at 666 40th Avenue N.E. is hereby approved. ORDER OF COUNCIL 1. The property located at 666 40th Avenue N.E. constitutes a nuisance pursuant to City Code. RESOLUTION 2015 -52 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 Greg Barbeau (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4110 Jefferson St. N.E. , Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article It, Section 8.206, written 10 Minutes of City Council Meeting July 27, 2015 Page 7 of 9 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 June 4, 2015, 2015. 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 April 30, 2015, an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 6, 2015 inspectors re- inspected the property listed above. Inspectors noted that the violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on June 23, 2015 inspectors re- inspected the property and found that violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Repair /replace deteriorated driveway 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4110 Jefferson St. 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 4110 Jefferson St. 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. RESOLUTION 2015 -53 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 H, of City Code, of the property owned by Gonzalo Olojan (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 3865 Tyler St. N.E. Columbia Heights, Minnesota. M Minutes of City Council Meeting July 27, 2015 Page 8 of 9 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 June 9, 2015. 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 May 5, 2015, an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 8, 2015 inspectors re- inspected the property listed above. Inspectors noted that the violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on July 13, 2015 inspectors re- inspected the property and found that the violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Repair broken front storm door 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3865 Tyler St 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 3865 Tyler St. N.E. constitutes a nuisance pursuant to City Code. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION NO. 2015 -54 TRANSFERRING THE REMAINING 2014 GENERAL FUND SURPLUS OF $500,000 TO THE CAPITAL EQUIPMENT REPLACEMENT FUND 431, TO OFFSET THE COST OF THE FIRE TRUCK PURCHASE INCLUDED IN THE 2015 BUDGET 12 Minutes of City Council Meeting July 27, 2015 Page 9 of 9 WHEREAS, the City Council of the City of Columbia Heights has adopted by resolution 2014- 94, a 2015 budget calling for the purchase of a fire emergency vehicle; and WHEREAS, the estimated cost of $500,000 for this vehicle is significantly more than the average annual expenditures for all purposes from the Capital Equipment Replacement Fund 431; and WHEREAS, the City Council of City of Columbia Heights judges that it is financially prudent to sustain the fund balance in the Capital Equipment Replacement Fund 431 over the long term, for substantially all of the annual equipment purchases made for its governmental activities; and WHEREAS, an unassigned surplus of 2014 revenue over 2014 expenditures of approximately $500,000 remains currently held in the City of Columbia Heights General Fund; NOW, THEREFORE, BE IT RESOLVED that the 2015 City of Columbia Heights' budget is amended to appropriate an interfund transfer of $500,000 from the General Fund to the Capital Equipment Replacement Fund 431. 13 These minutes have not yet been approved by the Commission MINUTES OF THE CITY OF COLUMBIA HEIGHTS CHARTER COMMISSION JULY 16, 2015 7:00 P.M. CITY HALL CONFERENCE ROOM 1 Call to Order President Steve Smith called the meeting to order at 7:00 p.m. Smith suggested adding "Discussion regarding Recording Secretary" under Old Business. Roll Call /Status of Membership Members present: Matt Abel, Ramona Anderson, Lee Bak, James Guy, Roger Johnson, Mike Patiuk, Eric Penniston, Greg Sloat, Steve Smith, Tim Utz Members absent (excused): Charles Tyler, Wes Wiggins Members absent (unexcused): Jeff Diehm, Rob Fiorendino, Carolyn Laine Also in attendance: Council Liaison Bruce Nawrocki, Kelli Bourgeois; HR Director /Assistant to the City Manager, Katie Bruno; City Clerk, serving as Recording Secretary Approval of Agenda Motion by Commissioner Abel, seconded by Commissioner Sloat to approve the agenda with the addition to Old Business as suggested by president Smith. Motion passed unanimously. Approval of Minutes Motion by Commissioner Abel, seconded by Commissioner Penniston to approve the minutes from the April 16, 2015 meeting. Motion passed unanimously. Correspondence Nothing to report. Old Business A. Discussion regarding Recording Secretary. President Smith reported that there has been discussion considering the Secretary of the Commission complete the minutes. Smith suggested the discussion take place at a future meeting, where more members are in attendance. New Business A. Discussion of City Charter, Starting with Franchise, Chapter 10, Sections 93 -101. 14 Kelli Bourgeois reported she has spoken to both the City Attorney and the City's Cable Attorney regarding reviewing the franchise section of the City Charter. Bourgeois suggested the commission consider hiring the City's Cable Attorney to complete the review, as this is his area of expertise. President Smith agreed, saying he too has spoken with the City Attorney, and agrees that having both the Cable Attorney and the City Attorney review franchise section of the charter would be beneficial. President Smith clarified the commission would discuss any changes to Chapter 10 at their October meeting. Any changes would be approved at the January 2016 meeting, and then submitted to the City Council. Commissioner Anderson asked for clarification of the intent of the possible changes, whether they are to be more in line with the state. President Smith stated anticipated changes are likely to be minor, and the city will be careful to continue to exercise their rights as a charter city. Commission Penniston suggested contacting other communities similar to Columbia Heights regarding their practices with franchises. B. Next meeting date October 15, 2015. President Smith reported the commission will continue to review the Charter, chapter by chapter, noting chapter 10 will be reviewed at the October meeting. Next Meeting Date Next meeting scheduled for October 15, 2015 at 7:00 p.m. at City Hall, Conference Room 1. Adjournment Motion by Commissioner Bak, seconded by Commissioner Anderson to adjourn. The meeting was adjourned at 7:20 p.m. Respectively Submitted, Katie Bruno, City Clerk 15 HOUSING & REDEVELOPMENT AUTHORITY MINUTES OF THE MEETING OF APRIL 28, 2015 1. Call to order — The meeting was called to order by Chair Diehm at 7:00 pm. 2. Roll Call — Members present: Bruce Nawrocki, Gary Peterson, Donna Schmitt, John Murzyn Jr, Tammera Diehm, and Rheta Nelson. Staff Present: Executive Director -Walt Fehst, Community Development Director- Joseph Hogeboom, and Assistant Director- Loren Wickham. CommonBond Staff- Laura Frost. 3. Pledge of Allegiance — Recited CONSENT AGENDA 4. Approve Minutes of January 27, 2015. 5. Resolution 2015 -04: Approve Financial Reports and Payment of Bills for January, February, and March 2015. Ouestions from members: There were no questions from members. Motion by Schmitt, seconded by Peterson, to approve items on the Consent Agenda as presented. All ayes. MOTIONPASSED. HRA RESOLUTION 2015 -04 RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT AUTHORITY (HRA) APPROVING THE FINANCIAL STATEMENT FOR JANUARY, FEBRUARY, AND MARCH, 2015 AND PAYMENT OF BILLS FOR THE MONTHS OF JANUARY, FEBRUARY, AND MARCH 2015 WHEREAS, the Columbia Heights Housing and Redevelopment Authority (HRA) 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 HRA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the HRA 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, February, and March 2015 and the list of bills for the months of January, February, and March 2015 are attached hereto and made a part of this resolution; and 16 HRA Minutes Page 2 April 28, 2015 WHEREAS, the HRA has examined the financial statement and the list of bills and finds them to be acceptable as to both form and accuracy. NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Housing & Redevelopment Authority that it has examined the attached financial statements and list of bills, which are attached hereto and made a part hereof, 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 list of bills as presented in writing are approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the pennanent records of the Columbia Heights Housing & Redevelopment Authority. Passed this 28th day of April, 2015. MOTION BY: Schmitt SECONDED BY: Peterson AYES: All ayes Chair Attest by: Shelley Hanson, Secretary BUSINESS ITEM 6. Resolution 2015 -05 Approving the Addition of Definitions of "Substantial Deviation" and "Significant Amendment of Modification" to the Parkview Villa PHA Plan. Hogeboom explained this approval is required by HUD as part of the PHA Plan that was approved in 2014. The definitions are as follows: "Substantial Deviation: A substantial deviation is a decision made by the Board of Commissioners to change the HRH's mission statement, goals or objectives identified in the 5 year plan. It is also when goals or objectives are changed that affect the residents or have a significant impact in the HRA's financial situation." "Significant Amendment or Modification: A significant amendment or modification is a change in HRA plans or policies that require formal approval by the Board of Commissioners." Motion by Nawrocki, seconded by Schmitt, to waive the reading of Resolution 2015 -05 there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Peterson, seconded by Murzyn, to adopt Resolution 2015 -05 approving the Addition of definitions of "Substantial Deviation" and "Significant Amendment of Modification " to the Parkview Villa PHA Plan. All ayes. MOTIONPASSED. 17 HRA Minutes Page 3 April 28, 2015 HRA RESOLUTION 2015 -05 RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT (HRA) APPROVING THE ADDITION OF DEFINITIONS OF "SUBSTANTIAL DEVIATION" AND "SIGNIFICANT AMENDMENT OR MODIFICATION" TO THE PARKVIEW VILLA PHA PLAN. WHEREAS, The Department of the Housing and Urban Development require that Public Housing Agencies submit a Certification in regard to Public Housing Agency Compliance with the PHA Plans and Related Regulations; and WHEREAS, the PHA Plan for Parkview Villa was last approved by the HRA in October, 2014; and WHEREAS, the amended PHA Plan includes the phrases "Substantial Deviation" and "Significant Amendment or Modification ", for which HUD requires official definitions. NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of the Columbia Heights Housing & Redevelopment Authority that the attached definitions are hereby approved. ADOPTED THIS 28t" DAY OF APRIL, 2015. MOTION BY: Peterson SECONDED BY: Murzyn ROLL CALL: All Ayes HOUSING & REDEVELOPMENT AUTHORITY Chair - Tammera Diehm Executive Director- Walter Fehst 7. Report of Management Company Laura Frost, Common Bond presented her management report to the board. Resident Council Update It was reported that the Park View rummage sale is scheduled for May 2"d 9. Citizen Forum Jerry White asked what the screening is for new residents. Laura Frost explained that they are using Aeon's requirements for any new residents. Commissioner Nelson asked about noisy dogs and size allowed in unit. Laura Frost explained that HUD doesn't allow them to regulate the size /breed of pets. Chair Diehm recommended adding pet size to list of issues for Aeon to consider. 18 HRA Minutes Page 4 April 28, 2015 Connie asked where are people allowed to smoke? Diane Powell commented people usually violate the policy after 5:30 and on weekends when staff isn't around. Laura Frost commented that the shelter is where people should smoke. Commissioner Nawrocki asked the residents if anyone had questions of Aeon that weren't getting answered. Dan Cunningham asked if the sale has been delayed. Chair Diehm indicated there is no set date but it looks like mid June. The meeting was adjourned at 7:18 pm to an Executive Session for the purpose of Discussing the Status of Negotiations for the Sale of Parkview Villa. The meeting was re- convened at 8:01pm and then adjourned. The next regular HRA meeting will be July 28, 2015. Respectfully submitted, Loren Wickham Acting Secretary 19 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF JUNE 1, 2015 IN CONFERENCE ROOM 1 The meeting was called to order at 6:30 pm by Chair Peterson. Members Present: Bruce Nawrocki, Donna Schmitt, Gary Peterson, John Murzyn, Marlaine Szurek, Gerry Her-ringer, and Bobby Williams (arrived at 7 pm). Staff Present: Walt Fehst, Joseph Hogeboom, Loren Wickham, and Shelley Hanson. PLEDGE OF ALLEGIANCE - RECITED 1. CONSENT ITEMS 1. Approve the Minutes from May 4, 2015. 2. Approve the Financial Report and Payment of Bills for April and May 2015 on Resolution 2015 -07. 3. Consideration of Sale of Scattered Site Property -3842 Tyler Street NE RE /MAX has drafted a Purchase and Redevelopment Agreement with Timbercraft Enterprises, Inc. for the sale of a scattered site lot at 3842 Tyler St NE. They are proposing to construct the 2 story model previously approved in the program. The proposed purchase price is $7,500 consistent with previous sales. A closing is proposed for June 12, 2015. Staff recommends approval of the sale of the property located at 3842 Tyler Street NE to Timbercraft Enterprises, Inc. 4. Consideration of Sale of Scattered Site Property -3846 Tyler St NE RE /MAX has also drafted a Purchase and Redevelopment Agreement with Timbercraft Enterprises, Inc. for the sale of a scattered site lot at 3846 Tyler St NE. They are proposing to construct the 2 story model previously approved in the program. The proposed purchase price is $7,500 consistent with previous sales. A closing is proposed for June 12, 2015. Staff recommends approval of the sale of the property located at 3846 Tyler Street NE to Timbercraft Enterprises, Inc. Questions by Members: There were no questions. 20 EDA Minutes Page 2 June 1, 2015 Motion by Schmitt, seconded by Szurek, to waive the reading of Resolution 2015 -07, 2015 -08, 2015 -09 there being an ample amount of copies available to the public. All ayes. MOTION PASSED. Motion by Schmitt, seconded by Szurek, to approve the consent agenda as presented. All ayes. MOTION PASSED. EDA RESOLUTION 2015 -07 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL STATEMENTS FOR APRIL AND MAY 2015 AND PAYMENT OF BILLS FOR THE MONTHS OF APRIL AND MAY 2015. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the months of April and May 2015 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 fonn 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 1 st day of June, 2015 MOTION BY: Schmitt SECONDED BY: Szurek AYES: All ayes 21 EDA Minutes Page 3 June 1, 2015 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2015-08 RESOLUTION APPROVING A PURCHASE AND REDEVELOPMENT AGREEMENT (INCLUDING THE SALE OF LAND) BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND TIMBERCRAFT ENTERPRISES, INC. BE IT RESOLVED By the Board of Commissioners ( "Board ") of the Columbia Heights Economic Development Authority ( "Authority ") as follows: Section 1. Recitals. 1.01. The Authority has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections 469.090 to 469.108 ( "EDA Act "). 1.02. The Authority and Timbercraft Enterprises, Inc. (the "Buyer ") have proposed to enter into a Purchase and Redevelopment Agreement (the "Contract "), setting forth the terms and conditions of sale and redevelopment of certain property owned by the Authority, located at 3842 Tyler Street NE and described as WALTONS 1 ST SUB OF RES HILLS, CITY OF COLUMBIA HEIGHTS LOT 7, BLK 4, WALTONS 1 ST SUB OF RESERVOIR HILLS, Anoka County, Minnesota (the "Property"). 1.03. Pursuant to the Contract, the Buyer will acquire the Property and will construct a single family home, subject further to the City's zoning and building codes and policies. 1.04. The Authority has on this date conducted a duly noticed public hearing regarding the sale of the Property to the Buyer, at which all interested persons were given an opportunity to be heard. 1.05. The Authority finds and determines that conveyance of the Property to the Buyer has no relationship to the City's comprehensive plan, in that no amendment or modification of the comprehensive plan is required for the conveyance or redevelopment of the Property. The activities of the parties under the Contract implement housing goals of the City's Comprehensive Plan: "Promote and preserve the single - family housing stock as the community's strongest asset." and "Provide a variety of life -cycle housing opportunities within the community." 1.06. The Board has reviewed the Contract and finds that the execution thereof and performance of the Authority's obligations thereunder are in the public interest and will further the objectives of its general plan of economic development and redevelopment, because it will further the above - stated housing goals. Section 2. AuthoritA pproval; Further Proceedings. 2.01. The Contract as presented to the Board, including the sale of the Property described therein, is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Contract and any documents referenced therein requiring execution by the Authority, including without limitation the deed, and to carry out, on behalf of the Authority, its obligations thereunder. 2.03. Authority and City staff are authorized and directed to take all actions to implement the Contract. 22 EDA Minutes Page 4 June 1, 2015 Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 1" day of June, 2015. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2015-09 RESOLUTION APPROVING A PURCHASE AND REDEVELOPMENT AGREEMENT (INCLUDING THE SALE OF LAND) BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND TIMBERCRAFT ENTERPRISES, INC. BE IT RESOLVED By the Board of Commissioners ( "Board ") of the Columbia Heights Economic Development Authority ( "Authority ") as follows: Section 1. Recitals. 1.01. The Authority has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections 469.090 to 469.108 ( "EDA Act "). 1.02. The Authority and Timbercraft Enterprises, Inc. (the "Buyer ") have proposed to enter into a Purchase and Redevelopment Agreement (the "Contract "), setting forth the terms and conditions of sale and redevelopment of certain property owned by the Authority, located at 3846 Tyler Street NE and described as WALTONS 1 ST SUB OF RES HILLS, CITY OF COLUMBIA HEIGHTS LOT 6, BLK 4, WALTONS 1 ST SUB OF RESERVOIR HILLS, Anoka County, Minnesota (the "Property"). 1.03. Pursuant to the Contract, the Buyer will acquire the Property and will construct a single family home, subject further to the City's zoning and building codes and policies. 1.04. The Authority has on this date conducted a duly noticed public hearing regarding the sale of the Property to the Buyer, at which all interested persons were given an opportunity to be heard. 1.05. The Authority finds and determines that conveyance of the Property to the Buyer has no relationship to the City's comprehensive plan, in that no amendment or modification of the comprehensive plan is required for the conveyance or redevelopment of the Property. The activities of the parties under the Contract implement housing goals of the City's Comprehensive Plan: "Promote and preserve the single - family housing stock as the community's strongest asset." and "Provide a variety of life -cycle housing opportunities within the community." 1.06. The Board has reviewed the Contract and finds that the execution thereof and performance of the Authority's obligations thereunder are in the public interest and will further the objectives of its general plan of economic development and redevelopment, because it will further the above - stated housing goals. Section 2. Authority Approval; Further Proceedings. 2.01. The Contract as presented to the Board, including the sale of the Property described therein, is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 23 EDA Minutes Page 5 June 1, 2015 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Contract and any documents referenced therein requiring execution by the Authority, including without limitation the deed, and to carry out, on behalf of the Authority, its obligations thereunder. 2.03. Authority and City staff are authorized and directed to take all actions to implement the Contract. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 1St day of June, 2015. NEW BUSINESS 1. Consideration of Sale of 4631 Pierce Street NE Jeff Mandicks from My Home Detail, Inc. has approached the City about purchasing an EDA owned lot at 4631 Pierce St NE. Recently, staff completed an inventory of lots that the City and EDA own for possible sale or inclusion in the Scattered Sites Housing Program. ReMAX has evaluated this lot and estimates the sale price at $25,000 based on comparable sales in the City. Anoka County Property tax records indicate the 2015 estimated market value at $50,600. Discussion at the last meeting brought a consensus from the members that the selling price should be in the range of $20,000 - $25,000. Staff recommends holding firm on the sale price of $25,000. This is still a 50% reduction from the estimated market value. This lot is not included in the Scattered Sites Housing Program but staff recommends the sale of this lot should include a purchase and redevelopment agreement. This agreement includes a reverter clause and a 10 year deed restriction requirement of owner occupancy. In order to sell this property the EDA must hold a public hearing first. Staff recommends the EDA authorize staff to publish a public hearing for the sale of 4631 Pierce St NE and to enter into negotiations with My Home Detail, Inc. for the sale of property contingent on EDA approval. Questions /comments: Nawrocki asked whether the lot was already considered sold since there is a "sold sign" on the property. Wickham said it is not sold, he was not aware of any "sold" signs on the property, and that a Public Hearing needs to be held before the property can be sold. 24 EDA Minutes Page 6 June 1, 2015 Jeff Mandicks from My Home Detail admitted that he had placed a sign on the property in anticipation of the new construction. Mandicks went on to say that he felt $25,000 was too high for this lot since the scattered site lots were sold for $7,500. He thought a price of $15,000 was more appropriate and his buyer would be willing to go that high. He said a price of $25,000 could be a deal breaker. Hogeboom explained that the scattered site lots were purchased with different funds and are part of a TIF District which affects the amount of tax the City will receive from them, therefore they were priced differently. He also stated that the scattered site lot on Reservoir was sold for $35,000 which is more than the price the EDA has set for this Pierce Street lot. Schmitt said the price of $20,000 - $25,000 was decided at the last meeting and the price of $15,000 that Mr. Mandicks suggests was not approved. Nawrocki agreed. He also said some of the members felt the price of $7,500 for the scattered site lots was too low, but was agreed to as it allowed for extra amenities to be included in the construction of the home itself. Mandicks stated he has three other parties who may be interested in some of the other lots owned by the City or EDA, so he would like to have prices established on them so he and his potential buyers have an idea of the total cost to construct new homes on these parcels. Staff said they would work on that over the next month and bring back recommendations to the EDA for approval. Mandicks also asked who would be the responsible party for the retaining wall on this site. Wickham said he thought it was part of this property site, but will check with the Public Works Director to verify that it is not on City property. Motion by Herringer; seconded by Nawrocki, to waive the reading of Resolution 2015 -10, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Herringer, seconded by Nawrocki, to adopt Resolution 2015 -10, calling for a public hearing to consider selling property at 4631 Pierce St NE for $25, 000 and to include the reverter clause and a 10 year deed restriction requirement. Ayes- Szurek, Murzyn, Herringer, Nawrocki, Peterson Nays- Schmitt MOTIONPASSED. K-1 EDA Minutes Page 7 June 1, 2015 Columbia Heights Economic Development Authority RESOLUTION 2015 -10 RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER SELLING PROPERTY AT 4631 PIERCE ST NE AND TO ENTER INTO NEGOTIATIONS FOR THE PURCHASE AND REDEVELOPMENT OF SAID PROPERTY WHEREAS, the City Council authorized purchase of the blighted property on August 25, 2008 with the intent to demolish and resale, and WHEREAS, Pursuant to State Law a Public Hearing will be published in the City's authorized newspaper, and WHEREAS, The Authority intends to convey the Subject Parcel to a contractor that will enter into a redevelopment contract to construct an owner occupied home NOW, THEREFORE BE IT RESOLVED, that the Columbia Heights Economic Development Authority (EDA) staff are authorized to publish a public hearing to consider selling property at 4631 Pierce St NE. and to enter into negotiations for the purchase and redevelopment of said property. I certify that the above resolution was adopted by the Columbia Heights Economic Development Authority. PASSED THIS 1S` Day of June, 2015. OFFERED BY: Herringer SECOND BY: Nawrocki ROLL CALL: Ayes - Szurek, Murzyn, Herringer, Nawrocki, Peterson Nays- Schmitt 2. Consider the Purchase of 4641 Polk St NE Anoka County Community Action Program (ACCAP) owns the duplex at 4641 Polk Street and has approached the city to purchase it. The City previously purchased properties at 4641 & 4647 Tyler St NE from ACCAP. ACCAP approached the city before going to the open market because they support our redevelopment efforts in this area. Anoka County Property Tax records indicate a 2015 Estimated Market Value of $151,500. Staff offered them $75,000 after the last meeting and they accepted with conditions. Wickham said they want to partner with the City for the redevelopment of this site. He told members that the conditions are not clear but suggests they want to possibly be the builder, and that they want owner assistance ($25,000) from the City to help a low income purchaser qualify. ACCAP is also seeking proof that it will be torn down and replaced with affordable housing. To date the City /EDA has purchased 7 parcels in the Sheffield neighborhood and demolished all the buildings associated with these parcels. The majority of the parcels have been located on Polk Street. There has been a significant decrease in crime and calls for service as well as code enforcement issues on Polk Street. The Police Department supports the purchase of this property. 26 EDA Minutes Page 8 June 1, 2015 Staff recommends entering into negotiations for the purchase of a duplex at 4641 Polk Street, by approving the Resolution authorizing a purchase price up to $75,000 but wants direction regarding the conditions set by ACCAP. Ouestions /comments by Members: Herringer didn't think we should lock ourselves into these conditions. Wickham agreed and said we should do as we have done in the past and that is to purchase the property with the intent of having a single family home on this lot. The City can either demolish the structure and sell to a builder for a new single family home, or possibly partner with a builder who could completely renovate it and convert to a single family home. Peterson said we should counter again to purchase it for $75,000 with no conditions. At the very least, Condition 43 should be crossed out and to change the "demolish clause" to "redevelop" as a single family home. Motion by Herringer, seconded by Szurek, to waive the reading of Resolution 2015 -11, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Herringer, seconded by Szurek, to adopt Resolution 2015 -11, approving the acquisition of 4641 Polk St NE for $75, 000 without any additional conditions and to authorize the EDA President and the EDA Executive Director to execute an agreement for the same. All ayes. MOTION PASSED. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION 2015 -11 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 4641 POLK STREET NORTHEAST IN THE CITY AND ASSIGNMENT THEREOF TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority (the "Authority ") administers the Downtown CBD Redevelopment Project (the "Project ") within the City, which was established under Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act "). 1.02. The Authority has undertaken a program to acquire homes in the Project in order to address foreclosure problems and remediate and prevent the emergence of blight. 1.03 City staff is negotiating a Real Estate Purchase Agreement with the Anoka County Community Action Program ACCAP (the "Seller ") dated as of May 15, 2015 including all related addenda and disclosures thereto (collectively, the "Purchase Agreement "), for real property located at 4641 Polk Street Northeast and legally described as follows: SHEFFIELDS SECOND SUB., CITY OF COLUMBIA HEIGHTS 27 EDA Minutes Page 9 June 1, 2015 TH PT OF LOT 23 LYING N OF S 20 FT OF SD LOT 23 & LOT 24 BLK 1 SHEFFIELDS 2ND SUB (the "Property"), which Purchase Agreement is contingent upon approval by the Economic Development Authority. 1.04. The Purchase Agreement will be prepared once a price is negotiated and on file with the City Manager, and /or the Executive Director of the EDA. Section 2. Approval and Assignment. 2.01. The Purchase for the Property is hereby approved, and the execution of the Purchase Agreement by the EDA is hereby ratified. Pursuant to the Purchase Agreement, the EDA will purchase this Property for up to $75,000 from its EDA TIF fund 376 as part of the scattered site program. City staff and officials are authorized and directed to take all such other actions to complete the purchase of the Property, including without limitation execution of all documents and agreements related to such transaction. 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and officials are authorized and directed to take all such other actions to complete the assignment of the City's interests in the Purchase Agreement to the Authority, including without limitation execution of any documents and agreements necessary to effectuate such assignment. Passed this 1St day of June Offered by: Hen finger Second by: Szurek Roll Call: All ayes ATTEST: President Gary L. Peterson Shelley Hanson, Secretary 3. Redevelopment Updates /Other Business Northeast Business Center- Hogeboom told members that Swervo Redevelopment Company has closed on the office building and they have submitted plans for the interior demolition of the current office space. They plan on renovating the building for future office use as they secure tenants. Huset Park- Hogeboom stated that Dominium is still negotiating with BNC for the purchase of the remaining piece for construction of a senior independent apartment building. The process is slow going, but it is still anticipated to happen. 28 EDA Minutes Page 10 June 1, 2015 Grand Central Properties - Hogeboom told members that the builder has been in contact with the HOA of Grand Central Lofts Condo building to set up a meeting with them to discuss amenities they would like to see included in the proposed plan that could be utilized by both buildings. Nawrocki asked about whether there has been any interest in the commercial piece. Hogeboom told members that he isn't aware of anyone being interested in the site to date. Former Blockbuster Site - Hogeboom stated that construction is underway for the new building and renovation of the existing building. He said they are expected to open by October. Herringer said there may be room on this site for a Gateway to Columbia Heights sign and that the developer should be contacted regarding this possibility if the City so chooses. Nawrocki asked if there was any update on the Rainbow Mall site. Hogeboom stated the temporary liquidation business is now closed, and as far as he knows there has been no further interest in the site by any other businesses. Nawrocki said he thought Ace Hardware was taking over the parking lot with their outdoor storage and garden center. He felt they were taking up a lot of the parking in front of the remaining businesses. Hogeboom stated that Ace has a CUP for the Garden Center and the use of the parking lot is an issue between Brixmoor and the tenants. The meeting was adjourned at 7:24 pm. Respectfully submitted, Shelley Hanson Secretary 29 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION MONDAY, JULY 6, 2015 CALL TO ORDER The meeting was called to order by Chairperson Ed Carlson at 5:31 p.m. ROLL CALL Members present: Commissioners Ed Carlson, Leonard Olson, and Charles Tyler Members absent: Commissioners Brian Clerkin and Kevin Doty Staff Present: Kathy Young, Assistant City Engineer Lenny Austin, Police Captain Carole Blowers Knoll, Administrative Assistant -HR Council Liaison: Donna Schmitt APPOINTMENT OF SECRETARY PRO TEM Motion by Tyler, seconded by Olson to appoint Carole Blowers Knoll as Secretary Pro Tem. Motion passed unanimously. APPROVAL OF MINUTES Motion by Tyler, seconded by Olson, to approve the minutes of June 1, 2015, as presented. Motion passed unanimously. PUBLIC HEARING CONSIDER INSTALLATION OF TWO -WAY OR FOUR -WAY "STOP" SIGNS AT THE INTERSECTION OF QUINCY STREET AND 43RD AVENUE STOPPING TRAFFIC ON QUINCY STREET OR 43RD AVENUE Residents present: Gerald & Lois Peterson, 707 43rd Avenue NE Tom & Brittani Locker, 4300 Quincy St NE Susan Lowe, 4256 Jackson Street NE Kathy Young, Assistant City Engineer, advised that at the Traffic Commission meeting on June 1, 2015, Commissioners called for a Public Hearing to consider changing the YIELD signs on Quincy Street to TWO -WAY or FOUR -WAY STOP signs. Ms. Susan Lowe submitted a request to City Council members regarding traffic control at the intersection of Quincy Street and 43rd Avenue. Residents are requesting the YIELD signs be replaced with TWO -WAY or FOUR -WAY STOP signs. The concern is the number of accidents. Several area residents attended the Traffic Commission meeting in June. At the meeting, residents felt a four -way stop at the intersection is needed. Traffic on Quincy Street stops at 42nd Avenue and 44th Avenue. Traffic on 43rd Avenue stops at Monroe Street and Central Avenue. Young advised that the intersection does not meet the guidelines in the MMUTCD for four -way stop signs. Since there were concerns about the steepness of the roads in that area, different locations were checked, and Madison and Jefferson were steeper than Quincy Street. Traffic Commission Minutes — July 6, 2015 30 Page 2 The Police Department reviewed the reported accident record at this intersection, as well as the surrounding intersections, from January 1, 2010 to May 15, 2015. Detailed information was provided in the agenda packet for the hearing this evening. There have been nine accidents at this intersection over the five year period. Seven of the nine accidents have been during winter months. Traffic on 43rd Avenue is almost twice the volume of traffic on Quincy Street, averaging 660 vehicles per day compared to 345. The downhill grades of other streets approaching stop signs are just as steep as or steeper than Quincy Street. The Police Department surveyed the speed of north bound vehicles on Quincy Street approaching 43rd Avenue. The average speed, collected over several days and at various hours, was 19.5 mph. A member from the audience stated that 43rd is where there are the most speeders. There was concern from the audience about the winter months when motorists end up in people's yards. Some felt the yield signs should be replaced with stop signs, as the yield signs were not effective. Some felt four -way stops were the answer. The discussion tonight was to decide if there should be a two -way or four -way stop and where the stops should be located. Young stated that putting stop signs on 43rd Avenue at Quincy Street would only be 330 feet apart from stop signs on Monroe Street, which is not appropriate. Captain Austin stated that there were no accidents at 42nd and Jackson, and one accident at 42nd and Quincy Street. Olson stated that 43rd is the problem. Staff recommends two -way stop signs be installed. Carlson asked if anyone else wished to comment on the issue. Motion by Tyler, seconded by Olson to recommend to the City Council to install two -way STOP signs at the intersection of Quincy Street and 43rd Avenue, stopping traffic on Quincy Street. Motion passed unanimously. OLD BUSINESS REQUEST TO REMOVE YIELD SIGN AND INSTALL STOP SIGN ON UPLAND CREST AT HEIGHTS DRIVE Ms. Bonita Entsminger (4612 Heights Drive), a 20 year resident of the city, is requesting the YIELD sign on Upland Crest be changed to a STOP sign at the intersection with Heights Drive. The concern is that drivers are running the yield sign and presenting a danger to vehicles on Heights Drive. The Traffic Commission reviewed this intersection in July 2014. At that time, there had been no reported accidents in the last five years. The Commission denied the request based on the MMUTCD guideline of using a yield sign at intersections where a full stop is not necessary at all times. Ms. Entsminger is requesting the Traffic Commission review the intersection again because of two recent accidents. In both accidents, southbound drivers did not slow down at the intersection, failed to negotiate the curve, and one hit a vehicle parked on Heights Drive and one hit a tree. Ms. Entsminger feels that if a stop sign was placed at the intersection, vehicles would approach the intersection at a slower speed and be able to negotiate the curve. Heights Drive is curved south of the intersection and straight north of the intersection. Upland Crest intersects Heights Drive at an angle. An aerial photo was attached with the agenda packet. Visibility for Traffic Commission Minutes — July 6, 2015 31 Page 3 both streets north of the intersection is good. Visibility south of the intersection is limited somewhat with the combination of the curve in Heights Drive, the angle of Upland Crest, and area landscaping. Each leg has a yellow PLAYGROUND sign with 20 MPH plaques (advisory). Ms. Entsminger stated several times that this is a park and there are children present often; something needs to be done. She stated the 20 MPH signs are ignored. Young stated that possibly a larger yield sign could be placed there. Tyler stated that kind of situation exists in numerous parts of the city, and the state is recommending that we do NOT install more stop signs in our city. It's not an expense issue to put stop signs instead of the yield signs. Young stated that the more stop signs you put up, the less they are respected/obeyed. Captain Austin asked when the busiest times are in the area. Ms. Entsminger stated from 2 p.m. into the evening. It was suggested that the Police Department put up a speed trailer and monitor the speeds in the area and keep her informed, and report back to this commission on August 3, 2015. Motion by Carlson, seconded by Olson, to table this issue and have the Police Department monitor the area (Upland Crest at the intersection with Heights Drive) and discuss the issue at the August 3, 2015 Traffic Commission meeting. Motion passed unanimously. OTHER OLD BUSINESS None NEW BUSINESS REQUEST FOR STOP SIGN AT LINCOLN TERRACE AND PIERCE TERRACE Ms. Layla Rismoen (1493 Lincoln Terrace) has requested stop signs be installed at the intersection of Lincoln Terrace and Pierce Terrace. The concern is the speed of vehicles and the number of children in the area. Ms. Rismoen also requested information concerning installation of a speed hump. The required petition and cost information in accordance with the City policy is being provided to Ms. Rismoen. Pierce and Lincoln is a "T" intersection with through traffic on Pierce Terrace. Visibility at the intersection is good. Young stated that in order for a speed hump to be installed, 75% of the people between the closest traffic control must agree to the speed hump, which would include people on Johnson Street. Six people who live on Lincoln Terrace would have to fund it. Some commissioners expressed concern over a speed hump, citing safety issues and problems when there is snowplowing. It was suggested that since the Police Department would be putting up speed monitors fairly close to this location, perhaps they could monitor this area as well. Captain Austin asked what times would be the best; Ms. Rismoen stated the mornings and then from 4 p.m. to 8 p.m. Ms. Rismoen stated she just wants the best solution to the problem. Motion by Olson, seconded by Tyler to table this issue until more data from the Police Department is received. Motion passed unanimously. REPORTS A. CITY ENGINEER Young stated that the issue of parking on the west side of Monroe Street from 46'/2 Avenue to 47th Traffic Commission Minutes — July 6, 2015 32 Page 4 Avenue has been brought up again. Carlson stated this has been an ongoing problem since 1992. Captain Austin stated that the complainants did not wish to continue this issue by meeting with this Commission. Young stated a discussion with the complainants suggested Hilltop remove the "no parking" signs. Also, another issue is trash left in yards. It was learned in a discussion with the Hilltop City Clerk that parking is not allowed on ANY street in Hilltop. There used to be "no parking' signs along Monroe from 48`h to 49`h, but many signs were stolen, and no more "no parking' signs have been posted. The City of Hilltop feels the no parking on Monroe Street is important for visibility of students walking to school. B. POLICE Nothing further. C. COMMISSIONERS Olson asked when there will be discussions regarding increased traffic expected from the new construction near 53rd and Central Avenues. He stated that MnDot needs to get involved as we will need traffic counts, etc. with the addition of Chipolte and other businesses in that area. ADJOURNMENT Motion by Olson, seconded by Carlson, to adjourn the meeting at 6:25 p.m. Motion passed unanimously. Respectfully submitted, Carole Blowers -Knoll Administrative Assistant -Human Resources 33 COLUMBIA HEIGHTS PUBLIC LIBRARY APPROVED BOARD OF TRUSTEES 8/5/2015 MINUTES 4 July 1, 2015 The meeting was called to order by Chair Patricia Sowada at 6:30 p.m. Members present were: Nancy Hoium, Steve Smith, Patricia Sowada, Barbara Tantanella and Catherine Vesley. Also present: Library Director Renee Dougherty, Recording Secretary Renee J. Rewitzer, Bryan Olson and John Kysylyczyn from the Anoka County Record. Member absent was Council Liaison Gary Peterson. The minutes of the June, 3, 2015, Board meeting were approved as mailed. The bill list dated 6/4/2015 was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 6/24/2015 was reviewed. It was moved, seconded, and passed that the bills be paid. The July 1, 2015 accounting sheet of 2015 Budget was reviewed. Old Business: 1. Dougherty reported that the City Council awarded Library Bid Package 1 to the low bidder, Veit Specialty Contracting and Waste Management. Bid Package 1 is the earthwork and site preparation which includes removal of contaminated soil, site leveling, and bringing utilities to the building pad. The library project has been broken into separate bid packages in order to expedite construction so that the new library can open in June 2016. The City Council will review final construction documents before authorizing the next bid packages. HGA's deadline for completing construction documents was June 30, 2015. Tantanella asked when the ground breaking ceremony will occur. Dougherty replied it will happen in September when work on the building begins. No exact date has been set. Vesley thanked Dougherty for all the time and energy spent on the library project and felt the board should show their appreciation by taking her to lunch on day of the groundbreaking ceremony. All members were in agreement. Dougherty shared that Northeast Bank wants to contribute to the project and is interested in naming rights to the community meeting room. 2. Dougherty reported that each department head will meet with the City Manager over the next two weeks with their 2016 proposed budgets. Departments were instructed to estimate gas and electricity costs at 5% over 2014 actuals; Dougherty estimated 10% increases due to increased square footage in the new building. She noted that 71% of the 2016 library budget is for personnel expenses. The library is open 55 hours per week and with the advent of self - checkout in the new library part time staff needs will be reduced. Smith asked how staff steps are determined. Dougherty replied that steps are established for each position. Movement in steps can occur annually based upon satisfactory performance evaluations. Most positions include an entry level compensation rate and three to five steps. Dougherty noted that some building maintenance expenses in the current location will decrease in 2016, although certain expenses, such as elevator certification, will remain fixed. Vesley feels the library needs a bigger contingency fund as it moves into a new facility and it should be added to the annual budget. Dougherty replied that she'll check with the City Manager. Smith agreed with the decision to budget for increased expenses for electricity and gas in the larger space of the new library. Smith stated that the 2016 proposed budget is not suitable for publication at this time. Hoium inquired about the future of the current library building. Dougherty replied that the City Council has authorized a condition analysis and market appraisal to guide their decision making about what to do with the building. 1-7/2/15 34 New Business: 1. Dougherty shared with the board that 2015 children's summer programs have been well attended. She noted that many children and teens are taking advantage of the Youth Read Down program that ends in July. A report of participation will be presented at the next Board meeting. 2. The Library will honor teen and adult volunteers at a reception on August 10 and recognize them at the Council meeting that evening. 3. Library staff will promote library services at the Community Picnic on July 15 at Keyes Park and the Eat & Greet event in Circle Terrace Park on July 24. Items from the Floor: 1. Smith said he'd like to see more books about the current topics of Greece's economic situation and the Eruo. There being no further business, the meeting was adjourned at 7:14 p.m. Respectfully submitted, Renee J. Rewitzer 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: 2-7/2/15 35 DRAFT MINUTES OF PLANNING AND ZONING COMMISSION AUGUST 5, 2015 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present- Buesgens, Fiorendino, and Szurek. Members Absent: Lee and Hoium Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Fiorendino, seconded by Buesgens, to approve the minutes from the meeting of June 2, 2015. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: 2015 -0801 APPLICANT: Jay Shahidi, Decorative Construction LOCATION: 3912 Central Ave NE REQUEST: Conditional Use Permit Holmbeck explained that Jay Shahidi, from Decorative Construction, has requested a Conditional Use Permit (CUP) that would allow a minor automobile repair shop to operate at the property located at 3912 Central Avenue NE. There is currently an existing house and garage located on the commercially zoned property. The house is being used for office space and the existing garage will be demolished to make way for the proposed garage, to accommodate the future minor auto repair business. The applicant first came before the Planning and Zoning Commission in June of this year. After the request was discussed at length; the application was tabled for further review. Since then, the City's Building Official has inspected the site and will be working with the applicant as he builds the garage to ensure code compliance. Additionally, staff facilitated a meeting between the property owners and a representative from the Open to Business Program, a free business consulting program offered at City Hall. The applicant and property owners are working with the Open to Business Representative, to connect them with various resources for business owners. Staff has met with the City Attorney, and after further review found that this application for a Conditional Use Permit is consistent with City Code and that the duty of the Planning Commission, if found necessary, is to attached reasonable conditions to the permit. Staff has included a list of recommended conditions in this report. KZ: P & Z Minutes Page 2 August 5, 2015 State law requires that the application go before the City Council within 60 days from the initial application date. Staff has worked with the applicant to extend the application for an additional 60 days per state law. However, this application cannot be tabled another time and must be voted on and sent to the City Council at the August 10th meeting. This is to ensure that we meet the requirements of the state law. If the Council does not take action within the required timeframe, the application will be automatically approved as it is today. ZONING ORDINANCE The property at 3912 Central Ave. NE is located in the CB, Central Business Zoning District. Adjacent properties to the north, south and east are also zoned Central Business. The properties to the west are zoned R -3, Multiple Family Residential. Minor auto repair is allowed on this property, but requires a Conditional Use Permit in the City's Central Business Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Although the property was at one time used as a residential home, it has been used as a commercial property and has lost the non- conforming use status. Allowing the minor auto repair as a conditional use is consistent with the City's Comprehensive Plan, which aims to expand commercial uses along the Central Avenue Corridor. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Minor Automobile Repair is specifically listed as a Conditional Use in the Central Business (CB) Zoning District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for Commercial use. The proposed use is commercial in nature. Szurek doesn't think it is in harmony. The proposed use is on the alley not along Central Avenue as it should be. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not disrupt neighboring properties as this auto repair shop will only service a few vehicles at a time. Also, the property directly to the north is a minor auto repair shop. Szurek said it will impact neighbors negatively by increased alley traffic and deliveries being made to the site. 37 P & Z Minutes Page 3 August 5, 2015 (d) The use will not substantially diminish the use of property in the immediate vicinity. The use ofproperty in the immediate vicinity will not be diminished by adding the proposed use. Szurek felt it would as it may block access for residences behind this business along the alley. (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 proposed use will be operated out of the garage located in the backyard of the property and will be compatible in design to surrounding businesses. Szurek said the properties to the rear of this site are residential and not compatible with a business use that should be operating from the front of the site. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. Szurek wanted to know what this meant. And she questioned where they planned on putting their signage. Holmbeck stated she didn't have that information as they haven't applied for any sign permits to date. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The proposed use is not anticipated to create traffic issues as the shop will only service a few cars at a time. Szurek stated that is an unknown. They have very limited parking on site so the surrounding neighborhood could be impacted as well as having a number of cars parked along Central Avenue. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. There is no anticipated negative cumulative effect associated with the addition of the proposed use. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. RECOMMENDATION Since the use is a permitted use in this zoning district, staff recommends approval of the proposed Conditional Use Permit for minor auto repair for the property located at 3912 Central Avenue NE., subject to the ten conditions provided to the Commission by staff. 38 P & Z Minutes Page 4 August 5, 2015 Questions from Members: Szurek asked where the snow would go. She did not feel they would ever have a salon business in that house and she considers the house in poor repair. She stated that the applicant hasn't addressed any of the concerns that were raised at the last meeting and she feels they are just pushing back with the same request. Holmbeck reminded members they are to decide on what conditions should be attached to this particular use of the property which is allowed in that zoning area. Szurek responded that the business use should be off Central Avenue, not off the alley abutting residential properties. Fiorendino agreed with Szurek that Finding "F" has not been met. He feels the other businesses that operate, or have access off the alley, don't have tow trucks or large delivery vehicles that will block the alley access. Therefore, this business is not adequately served with proper access. Buesgens stated that no matter what recommendation the Commission makes, it will still go to the City Council for a final decision. She would like to submit additional conditions for the Council to consider. She believes the site is too small to accommodate an auto repair business, a retail /office space on the lower level of the house, and an apartment upstairs. Buesgens also feels a business shouldn't be allowed to operate off the alley. The additional conditions are listed with the ones provided by staff and are detailed further down in these minutes. Public Hearing Opened Jay Shahidy told members that the house is not in poor condition. They had an Architect meet the Building Official on site and go through the structure so plans could be drawn up for remodeling. The house is in sound condition and they hope to remodel the lower level for a commercial space and the upstairs into a one bedroom apartment. There will be a separate entrance to each of the two levels. Shahidy also stated that any signage will be along Central Avenue. A parking pad 18 x 49 will be added in the rear next to the 3 stall garage that will be constructed. The 6 ft separation between the house and garage will still be met. The owners (father and son) only plan on working on a couple of cars at a time so it will have a low impact on the surrounding area. Shahidy said that NE Auto Body operating next door to this property is a much larger business and they also use the alley to access their lower level and to receive deliveries. He said they also have many cars parked along Central Avenue during the course of the day. He feels that business has a lot more impact on the surrounding area than this business will have. 39 Planning & Zoning Minutes Page 5 August 5, 2015 Fiorendino asked if the Design Guidelines apply to the garage. Holmbeck stated they do not as this is considered an accessory structure, not the primary structure. Only the business fronts facing Central have to meet the guidelines. Fiorendino then stated his concern is that the CUP carries forward with the property and a future owner may not be such a small operation as the one proposed by the applicant. Holmbeck responded that is why the conditions are established and detailed so that any future owner could be subject to revocation of the CUP if they don't adhere to the same conditions. For example, you could limit the number of cars that are allowed on site, or that they have to be parked inside the garage. Buesgens stated that if they plan on having an apartment upstairs that a reserved parking space for that unit also has to be designated on site. No one else was present to speak on this matter. Public Hearing Closed. Motion by Fiorendino, seconded by Buesgens, that the Planning and Zoning Commission declines to make a recommendation to the City Council regarding a Conditional Use Permit for minor auto repair located at 3912 Central Avenue. Members request the Council review the 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: (Staffprovided conditions are in italics and members added conditions are in bold) 1. The Site Plans and Building Elevations shall become part of this approval. 2. The building and site shall be meet all requirements found in the Zoning Code, Fire Code and the Building Code. 3. All other applicable local, state and federal requirements shall be met at all times. 4. Since the proposed plan for the property does not currently have off - street parking, customers must either park in the garage or utilize the on- street parking available on Central Avenue. S. Any operable cars parked outside of the auto body shop must be parked in adequately sized parking spaces (9 feet wide and 20 feet in length per City Code), and on paved area. 6 All vehicles that are being serviced are inoperable and /or being stored with the intent to receive service, shall be adequately screened from public view, per Zoning Code guidelines. 7. All snow storage shall take place on -site at an appropriate location or be removed as not to impose any hazard on neighboring properties. Snow cannot be stored in the front yard or moved into the alley. 40 P & Z Minutes Page 6 August 5, 2015 8. Hours of operation shall be limited to Monday through Friday: 7: 00am -9: 00pm and Saturday through Sunday: 8:OOam- 8 :00pm. 9. All signage for the business must be approved through the City's Sign permitting process. 10. All vegetation on the property must be maintained per City Code. 11. One parking space must be reserved for use by residents of the proposed apartment. 12. No overnight parking of vehicles on Central Avenue or other residential streets during non - business hours shall occur. 13. Customer and delivery vehicles cannot park in the alley, nor can access through the alley be restricted at any time. 14. The garage doors shall be kept closed during all auto repair operations. This matter will go to the City Council on Monday, August 5, 2015. CASE NUMBER: 2015 -0802 APPLICANT: MLA Architects, Inc. LOCATION: 1400 491h Avenue NE REQUEST: Conditional Use Permit for LED Signs At this time MLA Architects, Inc. on behalf of the Columbia Heights Public Schools is requesting a Conditional Use Permit per Code Section 9.106 (10) (C) (1) to allow a dynamic Light Emitting Diode (LED) sign in conjunction with an educational institution in the R -1 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. ZONING ORDINANCE The property located at 1400 49th Avenue NE is designated in the Comprehensive Plan as Institutional and zoned in the R -1, Single Family Residential District as are the properties to the North and East. The properties to the South are zoned in the R -3, Multiple Family Residential District. The properties to West are zoned in the R -2A, and R -213, Multifamily Residential. Dynamic LED signs are permitted as a Conditional Use in conjunction with an educational institution. Columbia Heights Public Schools is replacing the three existing pylon signs with two new monument signs which will have LED components. A rendering of the existing and proposed signs, which includes dimensions, is attached. 41 P & Z Minutes Page 7 August 5, 2015 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 R -1, Single Family Residential District when associated with an Educational Institution. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for Educational Institutions. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not result in 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. (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. 42 P & Z Minutes Page 8 August 5, 2015 Staff recommends approval of the proposed Conditional Use Permit for a dynamic LED sign for Columbia Heights Public Schools, located at 1400 49th Avenue NE. Questions by Members: Szurek asked if this would be similar to the one Immaculate Conception has. Holmbeck said the signs for the schools will be monument signs, but the rest is similar. She stated that the messages can change no more than once every 10 minutes for religious or educational purposes. Szurek stated she had no problems with the request since Columbia Academy already has one. She wondered why they aren't adding one at Valley View also. Public Hearing Opened. Tom Floyd, School District Maintenance Manager, told members that one will probably be added at Valley View eventually but they want to redo the parking and access area first. Cody Livingood 1600 49th Avenue lives next door to Highland Elementary. He said the illumination of the school lighting is already disruptive to the surrounding residential neighbors and he opposes two signs that will add additional lighting into their bedroom windows. He wanted to know if the signs and all the lighting around the school could be dimmed after 9 pm. Jim Totzke, 1630 Fairway Dr. opposes the signs. He said the light pollution is terrible at night. He's lived there 23 years and the school district has not cooperated thus far when neighbors have made requests to redirect the lighting. He also brought a letter from another neighbor that couldn't attend the meeting. Jeff Sharper, 1610 Fairway Dr. is also against the LED signs. He said the illumination of the signs is disruptive and makes it hard for his family to sleep. Fiorendino encouraged the residents to attend the meeting Monday night. He said the Zoning Code allows for the LED signs and they meet the requirements. However, he understands their concerns, but only the City Council can change the Code or policy. There was some discussion regarding whether the signs could be dimmed at night. Holmbeck stated that condition #7 did address this and the signs are required to be dimmed from dusk till dawn. However, the residents present still thought it would negatively impact them. Councilmember Murzyn asked if a timer could be used so the signs could be shut off completely during the hours of 10 pm to 6 am since the schools are located in a residential area. The members and the residents all thought this was a good solution to the problem. Floyd from the school district said he understands their concerns and then asked if the city can dictate this. Holmbeck said that yes, the City does have the right to establish such conditions, and that this shouldn't create a hardship for the district. 43 P & Z Minutes Page 9 August 5, 2015 Public Hearing Closed. Motion by Fiorendino, seconded by Buesgens, that the Planning Commission recommends the City Council approve the Resolution No. 201 S -SS for a Conditional Use Permit for two proposed LED signs for Columbia Heights Public Schools located at 1400 49`h 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. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized in existing pylon signs. Motor fuel stations may display dynamic LED signs as part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a conditional use permit. All dynamic LED signs may occupy no more than 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. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses, except one for which changes are necessary to correct hour - and - minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses. 4. 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. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6 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 section. 44 P & Z Minutes Page 10 August 5, 2015 Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours. The sign shall not be lit between the hours of 10 pm and 6 am. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non- conforming sign subject to § 9.105(E). All ayes. MOTIONPASSED. The following resolution will go before the city Council on Monday, August 5, 2015 RESOLUTION NO. 2015-55 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LED SIGNS AT COLUMBIA HEIGHTS PUBLIC SCHOOLS- LOCATED AT 1400 49TH AVENUE NE. WHEREAS, a proposal (Case # 2015 -0802) has been submitted by MLA Architects on behalf of Columbia Heights Public Schools to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 1400 49t1i Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.106 (P) (9) (c) (d) to allow a dynamic LED sign to be located in the R -1, Single Family Residential Zoning District in conjunction with an educational institution. WHEREAS, the Planning and Zoning Commission has held a public hearing as required by City Zoning Code on August 5"', 2015. 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 45 P & Z Minutes Page 11 August 5, 2015 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. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized in existing pylon signs. Motor fuel stations may display dynamic LED signs as part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a conditional use permit. All dynamic LED signs may occupy no more than 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. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses, except one for which changes are necessary to correct hour -and- minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses. 4. 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. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 46 P & Z Minutes Page 12 August 5, 2015 6. 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 section. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours. 4a W44Mi;;R*iAft Of cnn r;«S (, ndel v squafe mete f) highef illufflitiatiA44 1pm, LQ4 to a lower- level fef the tifne pefied between one half hetif before sunset ond ene h-Alf fter seise. The Sign shall not be lit between the hours of 10 pm and 6 am. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non - conforming sign subject to § 9.105(E). Passed this lot" day of August, 2015. Offered by: Seconded by: Roll Call: Ayes: Nays: CASE NUMBER: 2015 -0803 APPLICANT: Jimmy's Pro Billiards LOCATION: 4040 Central Avenue NE. REQUEST: Sign Variance Holmbeck explained that at this time Jimmy Wetch, representing Jimmy's Pro Billiards is requesting a Variance for the sign located at 4040 Central Avenue NE. 1) Waiver to Section 9.106 (P) (12) (a) (1)- allowing a wall sign on the property that exceeds the maximum allowable square footage of 100sq. ft. 2) Waiver to Section 9.106 (P) (6) (g)- allowing a sign to be painted directly on the exterior surface of the building. The existing signage and mural was painted on the building in 2013. At the time, the applicant was informed that the mural was not permitted by City Code. This issue was being addressed immediately after the sign was installed. However, it was put on hold by the City Council as a result of Community Development Department staff changes. Staff has received mixed feedback about the sign. Some people consider the sign to be public art, while others feel it is an inappropriate size. Staff was directed to contact Mr. Wetch and request that he remove the signage or apply for a Variance to City Code. Mr. Wetch is applying for this Variance with the hope to keep the sign and mural, rather than removing and replacing with code compliant signage. A narrative detailing this request is included for your review. 47 P & Z Minutes Page 13 August 5, 2015 COMPREHENSIVE PLAN The Comprehensive Plan designates this area for Commercial uses. The property is used as a billiards hall which is commercial in nature. ZONING ORDINANCE The property located at 4040 Central Avenue NE is zoned CB, Central Business as are the properties to the North, South, East and West. The properties to the North -West are zoned R -3, Multiple Family Residential. DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Central Avenue" standards within the Design Guidelines. The following standards are specific design requirements for signs in the Central Business District: Objective: Signs should be architecturally compatible with the style, composition, materials, colors and details of the building, and with other signs on nearby buildings. Signs should be an integral part of the building and site design. Wall and projecting signs should be positioned so they are an integral design feature of the building, and to complement and enhance the building's architectural features. Signs should not obscure or destroy architectural details such as stone arches, glass transom panels, or decorative brickwork. Signs may be placed: • In the horizontal lintel above the storefront windows • Within window glass, provided that no more than 25 percent of any individual window is obscured • Projecting from the building • As part of an awning • In areas where signs were historically attached Wall signs should generally be rectangular. In most cases, the edges of signs shall include a raised border that sets the sign apart from the building. Individual raised letters set onto the sign area surface are also preferred. Projecting signs may be designed in a variety of shapes. Sign colors shall be compatible with the building fagade to which the sign is attached. No more than three colors should be used per sign, unless part of an illustration. To ensure the legibility of the sign, a high degree of contrast between the background and letters is preferable. A combination of soft /neutral shades and dark/rich shades (see Building Colors standard) are encouraged. 48 P & Z Minutes Page 14 August 5, 2015 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 practical difficulties in conforming to the Zoning Ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the Zoning Ordinance. The applicant believes that because the building is situated in the middle of the block and between other buildings, the location does not provide adequate visibility for potential customers. Furthermore, that the sign and mural creates an inviting atmosphere on the property that was not present before the installation of the sign and mural. 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. According to the applicant, the location of business has posed difficulties in attracting and retaining customers due to a lack of visibility on Central Avenue and not enough on- street parking in front of the business. C) The practical difficulties caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. According to the applicant, the difficulty arisesfrom the location of the sign along Central Avenue and visibility issues associated with it. d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for commercial use. Being that jimmy's Pro Billiards is a commercial establishment; the variance request is consistent with the types of uses guided for this area. 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. In the case of a Variance request, staff does not make a recommendation for or against approval. The decision is left to the Planning and Zoning Commission to make a recommendation to the City Council. If the Planning and Zoning Commission chooses to recommend approval, please use the recommended motions that were provided to you. 49 P & Z Minutes Page 15 August 5, 2015 Questions by Members: Szurek stated that personally she isn't against the signage of the business name, but feels the size of the chef and the billiard ball is too large. She doesn't understand why he didn't get permission before hand rather than ask for forgiveness now. Fiorendino stated it is evident that it doesn't meet code. 100 sf is the allowable amount and this is 10 times that amount at 1,158 sf. He doesn't feel Findings of Fact "A" or `B" have been met. He believes that it can conform and that the building is not unique from any others along Central Avenue. He said it is the Commission's job to see that the sign code and Design Guidelines are met and that they are applied with consistency. Szurek agreed with Fiorendino that neither "A" or `B" have been met. They agreed a minor deviation in the square footage allowed may be acceptable, but this is a drastic abuse of that amount. Fiorendino again stated that in order to grant a variance it has to meet certain reasons or conditions. If it doesn't meet those reasons, the Commission can't legally grant one. The Commission can't change the code, only interpret what it is. The Planning & Zoning Commission only makes recommendations to the Council who is the actual deciding body. Public Hearing Opened. Jimmy Wetch, owner of Jimmy's Pro Billiards was present to answer questions. He said he has received a lot of positive feedback about the mural on the exterior of his building. He said he thinks it looks much nicer than painted window signage that others use throughout the city. Mr. Wetch said he has limited parking in the middle of the block so it is hard to attract customers to his business. He said his business does differ from the others in the area as he needs more than 5 or 6 people to support the type of business he has. Wetch didn't think he was violating any city codes as he just considered painting a regular maintenance of the exterior. Instead of using one color he had it painted with the artwork. He went on to say that he doesn't feel 100 sf of signage is enough for the size and location of his building. Buesgens suggested that some type of compromise could work such as leaving the chef and billiard ball, but reducing the size of the lettering- signage of the business name. Maybe by separating the two, a more realistic and acceptable square footage could be arrived at. Holmbeck suggested that Wetch contact the Arts Commission to see if they would support this as Public Art. If so, maybe they could offer their opinion to the City Council which may help him with his request. Public Hearing Closed 50 P & Z Minutes Page 16 August 5, 2015 Motion by Fiorendino, seconded by Buesgens, that the Planning Commission recommends the City Council deny the request for a Variance regarding signage for the property located at 4040 Central Avenue NE., as it doesn't meet Facts A or B. All ayes. MOTIONPASSED. This matter will go to the City Council on Monday, August 5, 2015. CASE NUMBER: 2015 -0804 APPLICANT: Washburn McReavy Miller Heights Chapel LOCATION: 4101 Central Avenue NE. REQUEST: Sign Variance At this time William McReavy, representing Washburn McReavy Miller Heights Chapel is requesting a Variance for a proposed sign to be located at 4101 Central Avenue NE. 1) Waiver to Section 9.106 (P) (12) (a) (1)- allowing a wall sign on the property that exceeds the maximum allowable square footage of 100sq. ft. The applicant recently purchased the Miller Heights Chapel at 831 40"' Avenue NE. That property will be sold and the Miller Heights Chapel operations will be move to the Washburn McReavy location on Central Avenue. The applicant wishes to add additional signage on the property located at 4101 Central Avenue. A Variance is required as the additional signage will exceed the maximum allowable square footage allowed for signage on the property. A rendering of the proposed sign is included in this report. Also, a narrative detailing this request is included for your review. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for Commercial uses. The property is used as a funeral home which is commercial in nature. ZONING ORDINANCE The property located at 4101 Central Avenue NE is zoned CB, Central Business as are the properties to the North, South, and West. The properties to the East are zoned R -4, Multiple Family Residential. DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Central Avenue" standards within the Design Guidelines. The following standards are specific design requirements for signs in the Central Business District: Objective: Signs should be architecturally compatible with the style, composition, materials, colors and details of the building, and with other signs on nearby buildings. Signs should be an integral part 51 P & Z Minutes Page 17 August 5, 2015 of the building and site design. Wall and projecting signs should be positioned so they are an integral design feature of the building, and to complement and enhance the building's architectural features. Signs should not obscure or destroy architectural details such as stone arches, glass transom panels, or decorative brickwork. Signs may be placed: • In the horizontal lintel above the storefront windows • Within window glass, provided that no more than 25 percent of any individual window is obscured • Projecting from the building • As part of an awning • In areas where signs were historically attached Wall signs should generally be rectangular. In most cases, the edges of signs shall include a raised border that sets the sign apart from the building. Individual raised letters set onto the sign area surface are also preferred. Projecting signs may be designed in a variety of shapes. Sign colors shall be compatible with the building fagade to which the sign is attached. No more than three colors should be used per sign, unless part of an illustration. To ensure the legibility of the sign, a high degree of contrast between the background and letters is preferable. A combination of soft /neutral shades and dark/rich shades (see Building Colors standard) are encouraged. 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 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. To comply with provisions of the Zoning ordinance, the applicant would have to either decrease the size of the proposed sign or remove the existing signage and replace with code compliant signage. 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. According to the applicant, the additional signage will help the community understand that the two businesses have merged. c) The practical difficulties caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. This is correct. 52 P & Z Minutes Page 18 August 5, 2015 d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for commercial use. Being that the Washburn McReavy Funeral Home is a commercial use; the variance request is consistent with the types of uses guided for this area. 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. In the case of a Variance request, staff does not make a recommendation for or against approval. The decision is left to the Planning and Zoning Commission to make a recommendation to the City Council. If the Planning and Zoning Commission chooses to recommend approval, please use the recommended motions below. Questions from Members: Fiorendino asked Holmbeck if she thought the conditions are being met in this request. She said she did in that this business actually has 3 business sides, is a much larger building, and that the request is for a minor discrepancy in square footage allowed (100 sf allowed/24 sf additional being requested). Public Hearing Opened. Bill McReavy, owner of 4101 Central Avenue, explained the reason the business is requesting the variance. He said since they bought out the Miller - Taylor Chapel they still see a need to keep the Miller name so that the Chapel is recognizable since it has been an institution for many years in this community. Many families have done advanced funeral planning and they want to make it obvious that the businesses have combined. The signage proposed is clean, tasteful, and is not illuminated in any way. He said their image is important and it serves to tie the two companies together into one entity. Buesgens said she likes the simpleness and balanced look, and that it complements the building's exterior. Public Hearing Closed. Motion by Buesgens, seconded by Fiorendino, to close the public hearing and waive the reading of Resolution 2015 -57, there being ample copies available to the public. All ayes. MOTION PASSED. 53 P & ZMinutes Page 19 August 5, 2015 Motion by Buesgens, seconded by Fiorendino, that the Planning Commission recommends the City Council approve the Resolution No. 2015 -57, approving the Variance for the property located at 4101 Central Avenue NE., 1) Waiver to Section 9.106 (P) (12) (a) (1)- allowing a wall sign on the property that exceeds the maximum allowable square footage of 100sq. ft. All ayes. MOTION PASSED. The following Resolution will go to the City Council on Monday, August 5, 2015 RESOLUTION NO. 2015-57 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR WASHBURN MCREAVY MILLER HEIGHTS CHAPEL -4101 CENTRAL AVENUE NE. WHEREAS, a proposal (Case #2015 -0804) has been submitted by William McReavy on behalf of Washburn McReavy Miller Heights Chapel to the City Council requesting a Variance from the City of Columbia Heights at the following site: ADDRESS: 4101 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 1) Waiver to Section 9.106 (P) (12) (a) (1)- allowing a wall sign on the property that exceeds the maximum allowable square footage of 100sq. ft. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on August 5"', 2015. 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: 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. 54 P & Z Minutes Page 20 August 5, 2015 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 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 variance. Passed this 10`h day of August, 2015. OTHER BUSINESS Holmbeck said she has gotten several inquiries about how the Commission would go about amending the Zoning Code regarding Auto Repair Businesses along Central Avenue. She said a motion must be made by the Commission to ask the City Council to place a moratorium on the subject which allows time for research to be done in order to make a recommended amendment to the Code. Motion by Buesgens, seconded by Fiorendino, to ask the City Council to place a moratorium on Auto Repair related businesses in the Central Business District so that research can be done for the possibility of amending the Zoning Code. All ayes. MOTIONPASSED. Holmbeck informed members that the required number of City Council members and the P & Z Commission have completed the online League of MN Cities class. She told members that now that this is done, staff would be setting up a more extensive member training in the near future. The meeting was adjourned at 8:50 pm. Respectfully submitted, Shelley Hanson Secretary 55 CH. COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7C MEETING DATE AUGUST 10, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ESTABLISH DATE FOR 2015 PUBLIC SPECIAL ASSESSMENT LEVY HEARING FOR: SEAL COAT, ALLEY IMPROVEMENT, STREET REHABILITATION, MSAS MILL & OVERLAY, AND DELINQUENT ACCOUNTS DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /Date: Kevin Hansen / July 27, 2015 BY /Date: ,4 r BACKGROUND: Special assessments are certified to Anoka County for inclusion on the property tax statements. To be included with the 2016 tax statement, the assessment hearing needs to be held on or before October 15, 2015. STAFF RECOMMENDATION: Staff is recommending Monday, October 5, 2015 for the Assessment Hearings on the following projects: 1. Zone 7 Seal Coat 2. City Project #1402 Concrete Alley Construction 3. Zone 1 Street Rehabilitation 4. M.S.A.S. Mill & Overlay 5. 2015 Delinquent Accounts RECOMMENDED MOTION(S): Move to establish Monday, October 5, 2015 at 6:00 p.m. as the Public Special Assessment Levy Hearing for City Project #1301 Zone 7 Seal Coat, to be held in the City Council Chambers. Move to establish Monday, October 5, 2015 at 6:15 p.m. as the Public Special Assessment Levy Hearing for City Project #1402 Concrete Alley Construction, to be held in the City Council Chambers. Move to establish Monday, October 5, 2015 at 6:30 p.m. as the Public Special Assessment Levy Hearing for City Project #1502 Zone 1 Street Rehabilitation, to be held in the City Council Chambers. Move to establish Monday, October 5, 2015 at 6:45 p.m. as the Public Special Assessment Levy Hearing for City Project #1505 M.S.A.S. Mill & Overlay, to be held in the City Council Chambers. Move to establish Monday, October 5, 2015 at 7:00 p.m. as the Public Special Assessment Levy Hearing for Delinquent Accounts, to be held in the City Council Chambers. 56 COLUMBIA HEIGHTS CITY COUNCIL LETTER Maatina of Anoiict inth 'Jf19S BACKGROUND: The City previously offered a Single Family Deferred Loan Program for Columbia Heights homeowners to assist with costs associated with home repair and maintenance. Each loan under the program is secured by a mortgage, which is subordinated to the mortgage of the applicant's primary lender. A homeowner, who received a loan secured by a City mortgage under the program, now wishes to refinance his primary mortgage, and has requested that the City subordinate the City mortgage to the new primary mortgage. City staff and legal counsel have reviewed the applicant's request and determined that the request complies with the City's Subordination Policy. A Subordination of Mortgage is attached for review and approval bythe City Council. RECOMMENDATION: Staff recommends approval of the Subordination of Mortgage in connection with the City's Single Family Deferred Loan Program. RECOMMENDED MOTION: MOTION: Move to close the public hearing and waive the reading of Resolution 2015 -58, there being ample copies available to the public. MOTION: Move to adopt Resolution NO. 2015 -58, being a resolution approving a Subordination of Mortgage in connection with the City's Single Family Deferred Loan Program. ATTACHMENTS: Resolution 2015 -58 Subordination of Mortgage COUNCIL ACTION: 57 AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 7D Community Development APPROVAL ITEM: Approving a Subordination of Mortgage BY: Elizabeth Holmbeck BY: in connection with the City's Single Family DATE: August 6, 2015 C Deferred Loan Program. BACKGROUND: The City previously offered a Single Family Deferred Loan Program for Columbia Heights homeowners to assist with costs associated with home repair and maintenance. Each loan under the program is secured by a mortgage, which is subordinated to the mortgage of the applicant's primary lender. A homeowner, who received a loan secured by a City mortgage under the program, now wishes to refinance his primary mortgage, and has requested that the City subordinate the City mortgage to the new primary mortgage. City staff and legal counsel have reviewed the applicant's request and determined that the request complies with the City's Subordination Policy. A Subordination of Mortgage is attached for review and approval bythe City Council. RECOMMENDATION: Staff recommends approval of the Subordination of Mortgage in connection with the City's Single Family Deferred Loan Program. RECOMMENDED MOTION: MOTION: Move to close the public hearing and waive the reading of Resolution 2015 -58, there being ample copies available to the public. MOTION: Move to adopt Resolution NO. 2015 -58, being a resolution approving a Subordination of Mortgage in connection with the City's Single Family Deferred Loan Program. ATTACHMENTS: Resolution 2015 -58 Subordination of Mortgage COUNCIL ACTION: 57 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION NO. 2015-58 RESOLUTION APPROVING A SUBORDINATION OF MORTGAGE IN CONNECTION WITH THE CITY'S SINGLE FAMILY DEFERRED LOAN PROGRAM BE IT RESOLVED By the City Council ( "Council ") of the City of Columbia Heights ( "City ") as follows: Section 1. Recitals. 1.01. The City has heretofore established a deferred loan program for the rehabilitation of single - family homes (the "Program "), administered by the Economic Development Authority of the City (the "Authority "), and has approved certain deferred loans to individual applicants in connection with the Program. 1.02. Each loan under the Program is secured by a mortgage (the "City Mortgage "), which is subordinated to the mortgage of the applicant's primary lender (the "Primary Mortgage ") pursuant to the Authority's Subordination Policy (the "Policy "). 1.03. Gregory L. Miller ( "Applicant "), who received a loan secured by a City Mortgage under the Program, now wishes to refinance his Primary Mortgage, and has requested that the City subordinate its City Mortgage to the new Primary Mortgage. 1.04. City staff and legal counsel have reviewed Applicant's request and documentation, have determined that subordination of the City Mortgage to the new Primary Mortgage complies with the Policy in all respects, and have prepared a Subordination of Mortgage (the "Subordination "), attached as Exhibit A, for review and approval by the Council. 1.05. The Council has reviewed the Subordination and finds that the approval and execution of the Subordination are in the best interest of the City and its residents. Section 2. City Approval; Other Proceedings. 2.01. The Subordination as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the Subordination by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City the Subordination. 465680v MNI CL205 -3 58 2.03. City staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Approved by the City Council of the City of Columbia Heights this 10th day of August, 2015. Mayor ATTEST: City Clerk 465680v] MNI CL205 -3 59 SUBORDINATION OF MORTGAGE THIS SUBORDINATION made and entered into this _ day of , 2015, by the City of Columbia Heights, a Minnesota municipal corporation (the "Mortgagee "). RECITALS A. The Mortgagee is the owner of a Mortgage Deed by Gregory L. Miller, a single person ( "Mortgagor ") dated June 1, 2011 and recorded in the Office of the Registrar of Titles, Anoka County, Minnesota on August 22, 2011, as document no. 505576.004 (the "Mortgage ") relating to certain real property situated in the County of Anoka, State of Minnesota, legally described in Exhibit A attached hereto (the 'Property "). C. The Mortgagor has applied for a mortgage loan from Quicken Loans Inc., its successors and/or assigns (the "Lender "), in a principal amount not to exceed $78,500 (the "Loan "), and the Lender has indicated that it is unwilling to accept a mortgage on the Property as security for said Loan unless the Mortgagee shall subordinate its Mortgage to the lien to be created by the Lender's mortgage (the "Lender's Mortgage "). NOW, THEREFORE, in consideration of the premises contained herein, the Mortgagee subordinates in all respects to the Lender, and to the lien of the Lender's Mortgage, any and all right, title or interest the Mortgagee has, may have or may hereafler acquire in the Property, and agrees that the Mortgage and Amendment are in all respects subordinate to the Lender's Mortgage and the lien created thereby notwithstanding the order of recording or any other priority requirements which may otherwise exist. (Signature page follows) 465152v1 MM C120545 60 STATE OF )SS. COUNTY OF CITY OF COLUMBIA HEIGHTS By: Its Mayor By: Its City Manager The foregoing instrument was acknowledged before me this _ day of , 2015, by and , the Mayor and City Manager, respectively, of the City of Columbia Heights, a Minnesota municipal corporation, on behalf of the corporation. Notary Public This document drafted by: KENNEDY & GRAVEN, CHARTERED (MNI) 470 US Bank Plaza 200 South 6fl' Street Minneapolis, MN 55402 (612) 337 -9300 465152vl M \'1 CL205 -45 61 EXHIBIT A Property Lots Nine (9) and Ten (10), Block Six (6), Sheffield's Second Subdivision, Anoka County, Minnesota. Torrens Property Certificate No. 94739 465152vl MNI CL20545 62 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of August 10th. 2015 AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 7E Community Development APPROVAL ITEM: Approving a lot combination for the BY: Elizabeth Holmbeck BY: properties located at 3927 and 3939 Central DATE: August 6, 2015 Avenue NE. BACKGROUND: The City has approved construction of the new municipal library to be located at 3927 Central Avenue NE. and 3939 Central Avenue NE. The area that has been designated for the new library is currently comprised of two lots of record, formerly occupied by Burger King to the north and Mady's Bowl to the south. State Building Code prevents constructing a new building over a property line. Furthermore, in order to obtain a Certificate of Occupancy for the property, the lot line must be removed. The City is requesting to remove the existing lot line in order to begin construction of the new municipal library. At this time, the City has not gone through the formal platting process. The entire site is expected to be re- platted when the remaining portion of land to the east is redeveloped. There are currently no formal plans to develop that portion of the site. RECOMMENDATION: Staff recommends approval of the proposed lot combination for the properties located at 3927 Central Avenue NE. and 3939 Central Avenue NE. RECOMMENDED MOTION: MOTION: Move to authorize the lot combination for the properties located at 3927 Central Avenue NE. and 3939 Central Avenue NE., and to direct staff to submit the Lot Sketch and Description, dated April 27, 2015, to Anoka County Property Records and Taxation division. ATTACHMENTS: Lot Sketch and New Description COUNCIL ACTION: 63 SKETCH AND DESCRIPTION E O R LO a SON, INC- slonal Land Surveyors of- 3927 AND 3939 CENTRAL AVENUE -for- COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY 6776 Lake Drive 550,4 Lino Lakes, MN ite 110 COLUMBIA HEIGHTS, MN 55421 (651)3&1.8= Fox(651)361.6701 GOULD AVENUE � N. E. NORT LEGEND H TREE OETAIL II l I ALLEY GRAPITM T SCALF. .. --`:'--PARCEL 2 Ll J. Z� Zr. tu PETERS PLACE NE V_ ARE NO CN -qj?VffyW I'Y ------------ -- ------------ �_PARCEL ------------------- - ----- ALLEY _ I Ir'II i ,. - .xesss irs Ter°° .. r� %i !'. __. m --- 4E.". -3 5L rk,- ORIGINAL DESCRIPTION GENERAL NOTES PROPOSED DESCRIPTION. VIC11111" MAP PART CF — -. T143 30 RIG 24 ANGC4 COLNTY- W04MOTA No scALB CITY COUNCIL LETTER Meeting of: August 10, 2015 AGENDA SECTION: ORIGINATING DEPT: CITY MANAGER NO: License Department APPROV L ITEM: License Agenda BY: Shelley Hanson DATE: 6 �s NO: DATE: Aug 5, 2015 BY: BACKGROUND /ANALYSIS Attached is the business license agenda for the August 10, 2015 Council meeting. This agenda consists of applications for 2015 Contractor Licenses. 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 August 10, 2015 as presented. COUNCIL ACTION: 65 TO CITY COUNCIL August 10, 2015 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2015 BLDG *Door service Co 13419 Fenway Blvd N, Hugo $60 *Valley -Rich Co 147 N Jonathan Blvd, Chaska $60 *A & M Htg & AC 22280 Tippecanoe St, E Bethel $60 *Ray N Welter Htg 4637 Chicago Ave S, Mpls $60 *KB Mechanical 5249 O'Connell Dr, Mounds View $60 66 u 0 v O WE LO O N O r a LL O (D Z H w w J U z D O U z w ry a d w w U Z Z LL C0 F- 2 O T- o Q Q co Z ZO Z> Z Q D LL J LL O O O >- LL LLJ Z O a D >- O U � a) a) U � a) c E a> E O OU a) "a Q Q W a) E c U � O c N c6 a) U •� 2 U' N w = _) > Q m c � J O � U 0 H 0 U O } U �— a) U � o °O o a o to -0 N N Lo tB ti O N a) N_ cu 69- U O O c cm fB a) O C/) E -0 m m O a) (n a) � c c :3 � � O co �= 00 ca r— -0 a) LO a) U � c -p x O U o c a) c D CU LO > co ca o c0 c O Ln U a) U E c a> 0 -0 N E a) °- o :3 00 cow # * # # # E0 # # U a # Ha # # w w # # x> # # 0 # H * # ror # # a N # * Lo ar # * a O U N 0 * * I # # [u U1 a * # H O poo * # P, N 'j, # * U �H O LO # Eaa # # m U * * M # # LO -H o # # U o, a # * z r # * H n # # * # * # E H H # # m 04 k # * # * ## H # # a s 4 s 4 > 4 u u u u u s4 P u u H u * # H U # 0000# U u) z roM u * * z Q O +) * zzzz* 0 r # # U Ln 0 # * H H x * zzzz* Ln 0� * * o U * FC FC FC FC # N u N # # \ N C # # o -P v U # WwWW# r. 04 # # c 0 u * aaaa* o a # uro # # -P ro ## # ## a o u * * W H O * * # # * * w # # # # # # s o ro # # v . . . . . . . . .. 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The proposed light is located in the alley. The petition is for one protective light to be installed on an existing pole between 4140 and 4146 Reservoir Boulevard. There are six parcels included in the assessment. Of these six parcels, four property owners signed the petition in favor of installing the alley light. Currently, the monthly cost to each of the benefiting homeowners is $1.00 per month. This cost may increase with increases in the electric rates. STAFF RECOMMENDATION: Staff recommends levying and adopting the assessment for Alley Light Area No. 677 -45. RECOMMENDED MOTION(S): Move to close the public hearing and waive the reading of Resolution 2015 -049, there being ample copies available to the public. Move to adopt Resolution 2015 -049, being a Resolution levying and adopting the assessment for Alley Light Area No. 677 -45. ATTACHMENTS: Resolution 2015 -049 Notice of Public Hearing Map 77 RESOLUTION 2015 -049 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR ALLEY LIGHT AREA NO. 677 -45 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement will be made, and ratifying and confirming all other proceedings, heretofore had: Special Assessment for alley light area numbered 677 -45. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 10th day of August, 2015, in the City Council Chambers, 590 40"' Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677 -45 for alley lighting, a copy of which is attached hereto and made a part hereof. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Xcel Energy Company. Section 3. That the assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. Section 4. This resolution shall take effect immediately upon its passage. Passed this 10th day of August, 2015. Offered by: Seconded by: Roll Call: Katie Bruno City Clerk CITY OF COLUMBIA HEIGHTS :• Mayor Gary L. Peterson 78 36- 30 -24 -24 -0092 36- 30 -24 -24 -0093 36- 30 -24 -24 -0124 36- 30 -24 -24 -0125 36- 30 -24 -24 -0126 36- 30 -24 -24 -0127 ASSESSMENT ROLL FOR LOCAL IMPROVEMENTS ALLEY LIGHT: 677 -45 PIN ADDRESS 36- 30 -24 -24 -0092 1428 - 1430 42ND AVE 36- 30 -24 -24 -0093 1434 42ND AVE 36- 30 -24 -24 -0124 1427 CIRCLE TERRACE BLVD 36- 30 -24 -24 -0125 4140 RESERVOIR BLVD 36- 30 -24 -24 -0126 4146 RESERVOIR BLVD 36- 30 -24 -24 -0127 4154 RESERVOIR BLVD 1428 - 1430 42ND AVE NE 1434 42ND AVE NE 1427 CIRCLE TERRACE BLVD NE 4140 RESERVOIR BLVD NE 4146 RESERVOIR BLVD NE 4154 RESERVOIR BLVD NE 79 CITY OF COLUMBIA HEIGHTS NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Columbia Heights, Minnesota has determined the following Public Hearing be held on Monday, August 10, 2015, at 7:00 P.M. in the City Council Chamber, 590 401h Avenue N.E. to consider: ASSESSMENT AREA 677 -45 PROJECT NO. 1509 • Installation and maintenance of one (1) protective light (nightwatch) on the pole between 4140 and 4146 Reservoir Blvd. • At this time, the annual cost is $12.00 per parcel. The cost may increase with increases in the electric utility rate. • This special assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. PARCELS PROPOSED TO BE ASSESSED: Said street light installation is to be considered pursuant to Minnesota Statutes, Chapters 429. The installation and maintenance is to be specially assessed on a unit basis against properties abutting the alley and listed below. The parcel numbers represent the tax parcel identification numbers. To find your tax parcel number, check your real estate tax statement. 36- 30 -24 -24 -0092 36- 30 -24 -24 -0093 36- 30 -24 -24 -0124 36- 30 -24 -24 -0125 36- 30 -24 -24 -0126 36- 30 -24 -24 -0127 Persons desiring to be heard with reference to the proposed installation will be heard at said time and place of the public hearing. Written or oral objections will be considered at the public hearing. ADOPTION OF PROPOSED SPECIAL ASSESSMENT Notice is hereby given that the purpose of this Public Hearing is also to adopt assessment roll 677 -45, for the area of alley lighting. The proposed assessments are to be levied pursuant to Minnesota Statutes, Chapter 429. The City Council may levy and adopt special assessments that are the same or different than the proposed amount. ASSESSMENT ROLL AVAILABLE FOR INSPECTION The proposed assessment roll is now on file for public inspection at the City of Columbia Heights Clerk's Office, 590 40th Avenue NE, Columbia Heights, Minnesota. You are invited to examine the assessment roll prior to the hearing during business hours; no appointments are necessary. The assessment roll will also be available for examination at the hearing. OBJECTIONS AND APPEALS Written and oral objections will be considered at the hearing. The City Council may adopt the assessments at the hearing or at a subsequent meeting. Minnesota Statute, Section 429.061, states that no appeal may be taken as to the amount of the assessment unless a written objection, signed by the affected property owner, is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statute, Section 429.081, by serving notice of the appeal upon the Mayor or the Clerk of the City within thirty (30) days after the adoption of the assessment and filing such notice with the District Court within (10) days after service upon the Mayor or the Clerk. ACCOMODATIONS The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 763 - 706 -3611 to make arrangements. (TDD /763- 706 -3692 for deaf only.) CITY OF COLUMBIA HEIGHTS WALTER FEHST CITY MANAGER Published in Focus on July 24, 2015 and July 31, 2015 80 N OOZ4 v two 9444 N VW C Z W W VUL LM OS44 co tp I� ti V"IL 6Eti4 co S£44 113x9 of 2 Ipww O'JC/) UU N O a- < U) r O 44EL M 9£ZL 4££L N OOZ4 v two 9444 N VW a N VUL LM OS44 LOLL ti V"IL 6Eti4 co S£44 113x9 EE44 6ZI? N O 0 L£ L r O 44EL M 9£ZL 4££L ZZE4 SZEL 84£4 64E4 94£4 SL£4 Z4£L LOU o EEZL M SZZ4 OZZ4 N 9424 04ZL £LZ4 LOZV EOZti aAnvu -1-114 OLZ4 OOZ4 0£44 6ZLL 9444 SZ44 VW SL44 VUL LM 9004 LOLL SM L£04 Y£OL CEM L J a z a) LU (� Q C J IL m — 11 v N N tF v M SZSL a Oi N co v h W b. Ay � 0� b. b�bL D� Abry 9444 Vvti r S4ti4 I 0444 OOVL LOV L04 J 04£4 4044 cc 1357 0££L 1355 4ZEL 113x9 94£L 1gQ5 0 L£ L 00£L 9£ZL OEZ4 4ZZ4 9424 ZL44 9044 9£04 at ti v v 0 L O v °a 0 1 BOSL o �� � o N 0 9900 o o °v 0900 °v rn a N 690E z w U� s cD a wW =o 0 , m Z ff W Y O Z OCD R0 o@Q Ow > a a V 0 N j14 �� v V 0 rn M 16 0� No N r 9ZLL N ZZLL 8444 LI 6LLL £I 61 OLLL 4,11 LLJ OOLL Q vE04 COLUMBIA HEIGHTS CITY COUNCIL LETTER MPPtinanf Aiimict in ?nir, AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 8-2 Community Development APPROVAL ITEM: Approve Conditional Use Permit for the BY: Elizabeth Holmbeck BY: property located at 3912 Central Avenue NE. DATE: August 6, 2015 BACKGROUND: Jay Shahidi, representing Decorative Construction, is seeking a Conditional Use Permit (CUP) that would allow a minor automobile repair shop to operate at the property located at 3912 Central Avenue NE. There is currently an existing house and garage located on the property. The house is currently being used for office space and the existing garage will be demolished to allow for the proposed garage, to accommodate the minor auto repair business. The property owners have stated that the business will have a minor impact to the surrounding neighborhood as they will only have the capability to work on 2 -3 cars at a time. The business will only employ the property owner and his son, and due to the limited size of the property, the amount of cars will be somewhat restricted. The property is located in the Central Business Zoning District. Adjacent properties to the north, south and east are also zoned Central Business, and the properties to the west are zoned R -3, Multiple Family Residential. Minor auto repair is allowed on this property, but requires a Conditional Use Permit. The Comprehensive Plan guides this area as Commercial. Although the property was at one time used as a residential home, it has since been used as a commercial property and has lost the non - conforming use status. Allowing the minor auto repair as a conditional use is consistent with the City's Comprehensive Plan, which aims to expand commercial uses along the Central Avenue Corridor. The owners have discussed plans with the City Building Official, to renovate the existing house to accommodate for an apartment on the second floor and to make the first floor handicap accessible by adding a ramp on the exterior, a second entrance, and a first floor bathroom. The future plan is to use the first floor for offices for the business and to utilize the upstairs apartment as a living space. The application for a Conditional Use Permit to operate the business is the first phase of their plan. RECOMMENDATION: The applicant first came before the Planning and Zoning Commission in June of this year. After the request was discussed at length the application was tabled for further review. The application came back to the Planning Commission on August 5th, 2015. At both meetings, the Planning Commissioners voiced concerns over the potential negative impacts the business could impose on neighboring properties. Also, the Planning Commissioners were strongly opposed to allowing an additional auto related business to the Central Avenue corridor, stating the opinion that the area is already adequately served. The Planning and Zoning Commission declined to make a recommendation to the City Council and added additional conditions to the permit for the City Council to consider. The Planning and Zoning Commission has directed Councilmember Murzyn, liaison to the Commission, to seek Council input regarding a possible moratorium on new auto - related uses in the Central Business District. This conversation will likely take place at a future City Council work session. Please review the minutes from the August 5, 2015, Planning and Zoning 82 Commission meeting for further detailed information. Staff has met with the City Attorney, and after further review found that this application for a Conditional Use Permit is consistent with City Code and that the duty of the Planning and Zoning Commission and City Council, if found necessary, is to attach reasonable conditions to the permit. Staff has included a list of recommended conditions included in the recommendation below, and the Planning and Zoning Commission has added conditions which are noted in bold. State law requires that the application go before the City Council within 60 days from the initial application date. Staff has worked with the applicant to extend the application for an additional 60 days per state law. However, this application cannot be tabled another time and must be voted on at the August 10", City Council meeting. This is to ensure that we meet the requirements of the state law. If the Council does not take action within the required timeframe, the application will be automatically approved as it is today. The Planning and Zoning Commission declined to make a recommendation to the City Council regarding the application for a Conditional Use Permit citing that the application does not meet the required findings of fact. However, they added additional conditions to the permit for the City Council to consider. Below are the recommended conditions from staff and the Planning and Zoning Commission. 1) The Site Plans and Building Elevations shall become part of this approval. 2) The building and site shall be meet all requirements found in the Zoning Code, Fire Code and the Building Code. 3) All other applicable local, state and federal requirements shall be met at all times. 4) Since the proposed plan for the property does not currently have off - street parking, customers must either park in the garage or utilize the on- street parking available on Central Avenue, 5) Any operable cars parked outside of the auto body shop must be parked in adequately sized parking spaces (9 feet wide and 20 feet in length -per City Code), and on paved area. 6) All vehicles that are being serviced are inoperable and /or being stored with the intent to receive service, shall be adequately screened from public view, per Zoning Code guidelines. 7) All snow storage shall take place on -site at an appropriate location or removed as not to impose any hazard on neighboring properties. Snow cannot be stored in the front yard or moved into the alley. 8) Hours of operation shall be limited to Monday through Friday: 7:OOam- 9:00pm and Saturday through Sunday: 8:OOam- 8:OOpm. 9) All signage for the business must be approved through the City's Sign permitting process. 10) All vegetation on the property must be maintained per City Code. 11) One parking space must be reserved for use by residents of the proposed apartment. 12) No overnight parking of vehicles on Central Avenue or other residential streets during non - business hours shall occur. 13) Customer and delivery vehicles cannot park in the alley, nor can access through the alley be restricted at any time. 14) The garage doors shall be kept closed during all auto repair operations. RECOMMENDED MOTIONS: Motion: Move to waive the reading of Resolution No. 2015 -35, there being ample copies available to the public. 83 Motion: Move to adopt Resolution No. 2015 -35, being a resolution approving a Conditional Use Permit, for the property located at 3912 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. ATTACHMENTS: Resolution 2015 -35 Planning Report Location Map Application Applicant's Narrative Extension Letter Site Plans COUNCIL ACTION: 84 RESOLUTION NO. 2015 -35 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR MINOR AUTOMOBILE REPAIR AT 3912 CENTRAL AVE. NE. COLUMBIA HEIGHTS WHEREAS, a proposal (Case #2015 -0801) has been submitted by Jay Shahidi, from Decorative Construction to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 3912 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Conditional Use Permit for minor automobile repair. WHEREAS, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on August 5th, 2015; WHEREAS, the City Council has considered the advice and recommendations of the Planning and Zoning 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: 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 betaken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 85 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 Site Plans and Building Elevations shall become part of this approval. 2) The building and site shall be meet all requirements found in the Zoning Code, Fire Code and the Building Code. 3) All other applicable local, state and federal requirements shall be met at all times. 4) Since the proposed plan for the property does not currently have off - street parking, customers must either park in the garage or utilize the on- street parking available on Central Avenue. 5) Any operable cars parked outside of the auto body shop must be parked in adequately sized parking spaces (9 feet wide and 20 feet in length -per City Code), and on paved area. 6) All vehicles that are being serviced are inoperable and /or being stored with the intent to receive service, shall be adequately screened from public view, per Zoning Code guidelines. 7) All snow storage shall take place on -site at an appropriate location or removed as not to impose any hazard on neighboring properties. Snow cannot be stored in the front yard or moved into the alley. 8) Hours of operation shall be limited to Monday through Friday: 7:00am- 9:00pm and Saturday through Sunday: 8:00am- 8:00pm. 9) All signage for the business must be approved through the City's Sign permitting process. 10) All vegetation on the property must be maintained per City Code. 11) One parking space must be reserved for use by residents of the proposed apartment. 12) No overnight parking of vehicles on Central Avenue or other residential streets during non - business hours shall occur. 13) Customer and delivery vehicles cannot park in the alley, nor can access through the alley be restricted at any time. 14) The garage doors shall be kept closed during all auto repair operations. Passed this 101h day of August, 2015. Offered by: Seconded by: Roll Call: 86 Attest: Katie Bruno, Council Secretary Mayor Gary L. Peterson 87 CITY OF COLUMBIA HEIGHTS CASE NUMBER: 2015 -0801 DATE: July 29, 2015 PLANNING REPORT TO: Columbia Heights Planning Commission APPLICANT: Jay Shahidi, Decorative Construction DEVELOPMENT: Criollo Auto Repair LOCATION: 3912 Central Avenue NE. REQUEST: Conditional Use Permit -Minor Automobile Repair PREPARED BY: Elizabeth Holmbeck, Associate City Planner INTRODUCTION Jay Shahidi, from Decorative Construction, has requested a Conditional Use Permit (CUP) that would allow a minor automobile repair shop to operate at the property located at 3912 Central Avenue NE. There is currently an existing house and garage located on the commercially zoned property. The property owners bought the commercial building with the intent to use the property for commercial use. The house is being used for office space and the existing garage will be demolished to allow for the proposed garage, to accommodate the minor auto repair business. The applicant first came before the Planning and Zoning Commission in June of this year. After the request was discussed at length; the application was tabled for further review. Since then, the City's Building Official has inspected the site and will be working with the applicant as he builds the garage to ensure code compliance. Additionally, staff facilitated a meeting between the property owners and a representative from the Open to Business Program, a free business consulting program offered at City Hall. The applicant and property owners are working with the Open to Business Representative, to connect them with various resources for business owners. Staff has met with the City Attorney, and after further review found that this application for a Conditional Use Permit is consistent with City Code and that the duty of the Planning Commission, if found necessary, is to attached reasonable conditions to the permit. Staff has included a list of recommended conditions in this report. 88 City of Columbia Heights Planning Commission August S, 2015 Criollo Auto Repair- 3912 Central Avenue— Conditional Use Permit State law requires that the application go before the City Council within 60 days from the initial application date. Staff has worked with the applicant to extend the application for an additional 60 days per state law. However, this application cannot be tabled another time and must be voted on and sent to the City Council at the August 10th meeting. This is to ensure that we meet the requirements of the state law. If the Council does not take action within the required timeframe, the application will be automatically approved as it is today. ZONING ORDINANCE The property at 3912 Central Ave. NE is located in the CB, Central Business Zoning District. Adjacent properties to the north, south and east are also zoned Central Business. The properties to the west are zoned R -3, Multiple Family Residential. Minor auto repair is allowed on this property, but requires a Conditional Use Permit in the City's Central Business Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Although the property was at one time used as a residential home, it has been used as a commercial property and has lost the non - conforming use status. Allowing the minor auto repair as a conditional use is consistent with the City's Comprehensive Plan, which aims to expand commercial uses along the Central Avenue Corridor. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Minor Automobile Repair is specifically listed as a Conditional Use in the Central Business (CB) zoning District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this orea for Commercial use. The proposed use is commercial in nature. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not disrupt neighboring properties as this auto repair shop will only service a few vehicles at a time. Also, the property directly to the north is a minor auto repair shop. Page 2 89 City of Columbia Heights Planning Commission August 5, 2015 Criollo Auto Repair- 3912 Central Avenue- Conditional Use Permit (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of property in the immediate vicinity will not be diminished by adding the proposed use. (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 proposed use will be operated out of the garage located in the back yard of the property and will be compatible in design to surrounding businesses. (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 proposed use is not anticipated to create traffic issues as the shop will only service a few cars at a time. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. There is no anticipated negative cumulative effect associated with the addition of the proposed use. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. RECOMMENDATION Staff recommends approval of the proposed Conditional Use Permit for minor auto repair for the property located at 3912 Central Avenue NE., subject to the listed conditions. MOTION: The Planning and Zoning Commission recommends that the City Council approve the Conditional Use Permit for minor auto repair located at 3912 Central Avenue, 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 3 90 City of Columbia Heights Planning Commission August 5, 2015 Criollo Auto Repair- 3912 Central Avenue- Conditional Use Permit 1. The Site Plans and Building Elevations shall become part of this approval. 2. The building and site shall be meet all requirements found in the Zoning Code, Fire Code and the Building Code. 3. All other applicable local, state and federal requirements shall be met at all times. 4. Since the proposed plan for the property does not currently have off - street parking, customers must either park in the garage or utilize the on- street parking available on Central Avenue. 5. Any operable cars parked outside of the auto body shop must be parked in adequately sized parking spaces (9 feet wide and 20 feet in length -per City Code), and on paved area. 6. All vehicles that are being serviced are inoperable and /or being stored with the intent to receive service, shall be adequately screened from public view, per Zoning Code guidelines. 7. All snow storage shall take place on -site at an appropriate location as not to impose any hazard on neighboring properties. 8. Hours of operation shall be limited to Monday through Friday:7:00am- 9:00pm and Saturday through Sunday: 8:00am- 8:00pm. 9. All signage for the business must be approved through the City's Sign permitting process. 10. All vegetation on the property must be maintained per City Code. ATTACHMENTS • Resolution No. 2015 -35 • Location Map • Application • Applicant's Narrative • Existing Site Survey • Site Plan • Elevations Page 4 91 A'VUKA ccL NIA 3912 Central Avenue Northeast 3951 . 3946 3947 3942 3943 3938 3939 3934 3935 3930 3931 tNV Z 3923 3918 j m 3915 3914 2 3911 3906 0 0 a m 3900 39TH A VE NE 850 3857 3853 3850 3849 3844 3847 3842 3841 3838 3839 3948 3946 N M r O� iL t� 3928 3924 3918 3917 3910 3900 v 00 M 3844 _ - 1_ 3951 W z Q a ti- W U 3905 950 M � 3927 39TH AVE NE �. c 3853 #1 a> L 3851 .o ce 3847 3 3841 92 CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION To be filled out by City: CASE NO.: APPLICABLE ORDINANCE NO.: 9.104(H) PRESENT ZONING: PRESENT LAND USE PLAN DESIGNATION DATE RECEIVED: DATE OF LETTER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: To be filled out by Applicant: PROPOSED NAME OF DEVELOPMENT: C/j ` �� /,' /',�2,r�/�'+r ' f , PROJECT ADDRESS /LOCATION: �;� / ;rte / �1 dkz-- zz/ � LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): PRESENT USE OF PROPERTY: PROPOSED USE OF PROPERTY: REASON FOR REQUEST (please attach a written narrative describing the intended use of the property and justification for your request. Describe any modifications and /or limitations of the use that have been made to insure its compatibility with surrounding uses and with the purpose and intent of the Zoning Ordinance and the Comprehensive Plan.) APPLICANT - PHONE /„f FAX E -MAIL p�:'�v�i�- c�� -,�, %. - PAGEF� CELL # ADDRESS _,�4 , { %� CITY STATE ZIP FEE OWNER OF PROPERTY ADDRESS Z3 U � 4 PHONE = r FAX CITY ,/'rte /:� l�'r //� STATE S; -�� ZIP" Page 1 of 2 93 CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET ENGINEERING REQUIREMENTS SET BY THE CITY ENGINEER OR CONTAINED IN THE CITY CODE. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY CONDITIONAL USE PERMIT APPLICATION A. Submittals as required in the attached application checklist, detailing what is proposed for the property. B. Two copies of a list of property owners within 350 feet of the subject property. APPLICATION FEES: A. $200.00 Conditional Use Permit Fee CITY RECEIPT NUMBER (Q I —t Z TOTAL AMOUNT RECEIVED $ Zo 0 . 00 DATE RECEIVED Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota: APPLICANT SIGNATURE DATE . may X1-/,4 / i /, s���= TjfG,✓.�f' ` ��' G �s�% �tri� �✓ �.�� ., / ' C1 1 0 PROPERTY OWNER SIGNATURE (If different from Applicant) DATE COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE DATE Revised: 2006 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 94 Decorative Construction, Inc. (DCI) Building Repairs, Renovation, Remodeling, General Contracting, Construction Mgt., Consulting 11705 Live Oak Drive, Minnetonka, MN 55305 TEL: 952 -920 -4202 * FAX: 952 - 920 -4202 * Cell: 612 -328 -1913 * Minnesota License: BC 07 -9065 April 30, 2015 City of Columbia Heiths 590 401h Avenue North East Columbia Heights, Minnesota 55421 Attention: Elizabeth Holmbeck, REF.: 3912 Central Avenue N.E., Columbia Heights, MN 55421 Ms. Holmbeck: My clients /customers, Manuel Criolio and Marco Fajardo Bermeo, the owners of the property at the above - mentioned address, would like to apply for a Conditional Use Permit. They have authorized me to apply on their behalf. As you are aware, the owners intend to demolish the existing residential detached garage and build a commercial building to be used for motor vehicle repair and automobile body repair work. The lot will be excavated and re- landscaped as required by all the pertinent laws and codes and a new building shall be erected as shown in the attached lot survey and preliminary architectural plans. The access to the building shall be from the alley side. The new building shall be completely detached and independent with separate lines and will not be attached in any way to the existing house. There are no plans to alter the design and structure of the existing house with the possible exception of moving the rear entry stairs on the west side around the corner to the south side and switching one existing door with one existing window. Sincerely, M. Jay Shahidi, President Decorative Construction, Inc. Cell: 612 -328 -1919 95 THE CITY OF COLUMBIA HEIGHTS COMMUNITY DEVELOPMENT 590 4oth Avenue NE Columbia Heights, Minnesota, 55421 Ph: (763) 7o6 -3600 Fx: (763) 7o6-3637 June 3, 2015 Jay Shahidi Decorative Construction 11705 Live Oak Drive Minnetonka, MN 55305 Re: Conditional Use Permit (CUP) Application Dear Mr. Shahidi, The City of Columbia Heights is extending the process time for consideration of the application you submitted for a Conditional Use Permit request for the property located at 3912 Central Ave. NE. At the Planning and Zoning Commission meeting of June 2, 2015, it was recommended that the application be tabled to a later date, to allow for further review. Would you please sign this form and return it to my office acknowledging the extension of the review process to a maximum of September 1, 2015. If you have any questions, please feel free to contact me at (763) 7o6 -3673. I look forward to continuing to work with you on this project. Sincerely, Elizabeth Holmbeck Associate Planner Jay Shahidi Date 96 T � (49 '0 N !. 'ti M H J I H N N fl d l 3 1 'v 1 S $ 3'N '3AV I V H I N 3 3 C/5 8 °�mm a F'-, o~w -j �- - - - - -- (ltlld 0005) — so a _ W °q a ore `_�� # - Z "gym W LL' d I e i00.. I I _ V ° 9 61 �°��"h HJtl°d 0390'ON3n I - N M A I w n LL 9:0 � � M.I O O LL .• I , �" �� � ,``; of oot c 9B "94 M ,9l,ZZ.00 N , Uvld OOros) a A3lld - x ¢ in s Z �F n ¢W w � O UU LL � � H aVC O rv�o 00 jlq�yj Z� - ry ✓1 V N N - - _._. eroeier vsmzmvr a 6 E E Q ! � L Q e co CL x O a ° Ll.l I N C/i w �o H m'! ; y s a'N -3AV -1 V2l11430 ZI �— (1Vld 00'05) - - -- — — 50'4 I �.`. 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'Illa iisuha 0 m !N E WY [IBi 9510] Yt�P W o CU i C) wn� I,0) � �p U _ m a E n Z w � -� _ WY [IBi 9510] Yt�P CU i C) I,0) � �p U _ m COLUMBIA HEIGHTS CITY COUNCIL LETTER Nlnntino of A.in'.c+ 1/1 7(11r BACKGROUND: MLA Architects, Inc. on behalf of the Columbia Heights Public Schools is requesting a Conditional Use Permit per Code Section 9.106 (10) (C) (1) to allow a dynamic Light Emitting Diode (LED) sign in conjunction with an educational institution in the R -1 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 is designated in the Comprehensive Plan as Institutional and zoned in the R -1, Single Family Residential District as are the properties to the North and East. The properties to the South are zoned in the R -3, Multiple Family Residential District. The properties to West are zoned in the R -2A, and R -213, Multifamily Residential. Dynamic LED signs are permitted as a Conditional Use in conjunction with an educational institution. Columbia Heights Public Schools is replacing the three existing pylon signs with two new monument signs which will have LED components. A rendering of the existing and proposed signs, which includes dimensions, is attached. RECOMMENDATION: The application came before the Planning and Zoning Commission on August 5th, 2015. There were two property owners present at the meeting that had concerns over the current sign's brightness at night, and who were concerned that the new sign's LED components would continue to disturb the neighborhood. One of the residents read a letter from a neighbor unable to attend, who had similar concerns. The main concern was that the sign's illumination and capability to move would be a nuisance to the surrounding neighborhood. The Planning and Zoning Commission recommended that the City Council approve the application for the Conditional Use Permit. However, they changed a condition on the permit that would prohibit the sign to be lit between the hours of 10 :00 PM and 6:00 AM., for the City Council to consider. Below are the recommended conditions. 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized in existing pylon signs. Motor fuel stations may display dynamic LED signs as part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a conditional use permit. All dynamic LED signs may occupy no more than 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. A dynamic LED sign may not change or move more often than once every ten seconds for 104 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 8 -3 Community Development APPROVAL ITEM: Approve Conditional Use Permit for the BY: Elizabeth Holmbeck BY: property located at 1400 491h Avenue NE. DATE: August 6, 2015 BACKGROUND: MLA Architects, Inc. on behalf of the Columbia Heights Public Schools is requesting a Conditional Use Permit per Code Section 9.106 (10) (C) (1) to allow a dynamic Light Emitting Diode (LED) sign in conjunction with an educational institution in the R -1 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 is designated in the Comprehensive Plan as Institutional and zoned in the R -1, Single Family Residential District as are the properties to the North and East. The properties to the South are zoned in the R -3, Multiple Family Residential District. The properties to West are zoned in the R -2A, and R -213, Multifamily Residential. Dynamic LED signs are permitted as a Conditional Use in conjunction with an educational institution. Columbia Heights Public Schools is replacing the three existing pylon signs with two new monument signs which will have LED components. A rendering of the existing and proposed signs, which includes dimensions, is attached. RECOMMENDATION: The application came before the Planning and Zoning Commission on August 5th, 2015. There were two property owners present at the meeting that had concerns over the current sign's brightness at night, and who were concerned that the new sign's LED components would continue to disturb the neighborhood. One of the residents read a letter from a neighbor unable to attend, who had similar concerns. The main concern was that the sign's illumination and capability to move would be a nuisance to the surrounding neighborhood. The Planning and Zoning Commission recommended that the City Council approve the application for the Conditional Use Permit. However, they changed a condition on the permit that would prohibit the sign to be lit between the hours of 10 :00 PM and 6:00 AM., for the City Council to consider. Below are the recommended conditions. 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized in existing pylon signs. Motor fuel stations may display dynamic LED signs as part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a conditional use permit. All dynamic LED signs may occupy no more than 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. A dynamic LED sign may not change or move more often than once every ten seconds for 104 commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses, except one for which changes are necessary to correct hour - and - minute, date, or temperature information. I A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses. 4. 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. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. 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 section. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours. The sign shall not be lit between the hours of 10 pm and 6 am. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non - conforming sign subject to § 9.105(E). RECOMMENDED MOTIONS: Motion: Move to waive the reading of Resolution No. 2015 -55, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2015 -55, being a resolution approving a Conditional Use Permit, for the property located at 1400 491h 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 2015 -55 Planning Report Location Map Application Applicant's Narrative Sign Renderings 105 RESOLUTION NO. 2015 -55 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LED SIGNS AT COLUMBIA HEIGHTS PUBLIC SCHOOLS- LOCATED AT 1400 49TH AVENUE NE. WHEREAS, a proposal (Case # 2015 -0802) has been submitted by MLA Architects on behalf of Columbia Heights Public Schools to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 140049th Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.106 (P) (9) (c) (d) to allow a dynamic LED sign to be located in the R -1, Single Family Residential Zoning District in conjunction with an educational institution. WHEREAS, the Planning and Zoning Commission has held a public hearing as required by City Zoning Code on August 5th, 2015. 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 107 Resolution No. 2015 -55 public facilities and services. Paee 2 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. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized in existing pylon signs. Motor fuel stations may display dynamic LED signs as part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a conditional use permit. All dynamic LED signs may occupy no more than 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. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses, except one for which changes are necessary to correct hour - and - minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses. 4. 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. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 108 Resolution No. 2015 -55 3 6. 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 section. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours. The sign shall not be lit between the hours of 10 pm and 6 am. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non - conforming sign subject to § 9.105(E). Passed this 10th day of August, 2015. Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Katie Bruno, Council Secretary 109 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2015 -0802 DATE: July 29, 2015 TO: Columbia Heights Planning Commission APPLICANT: MLA Architects, Inc. LOCATION: 1400 49th Avenue NE REQUEST: Conditional Use Permit for LED Signs PREPARED BY: Elizabeth Holmbeck, Associate City Planner BACKGROUND At this time MLA Architects, Inc. on behalf of the Columbia Heights Public Schools is requesting a Conditional Use Permit per Code Section 9.106 (10) (C) (1) to allow a dynamic Light Emitting Diode (LED) sign in conjunction with an educational institution in the R -1 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. ZONING ORDINANCE The property located at 1400 49th Avenue NE is designated in the Comprehensive Plan as Institutional and zoned in the R -1, Single Family Residential District as are the properties to the North and East. The properties to the South are zoned in the R -3, Multiple Family Residential District. The properties to West are zoned in the R -2A, and R -213, Multifamily Residential. Dynamic LED signs are permitted as a Conditional Use in conjunction with an educational institution. Columbia Heights Public Schools is replacing the three existing pylon signs with two new monument signs which will have LED components. A rendering of the existing and proposed signs, which includes dimensions, is attached. 110 City of Columbia Heights Planning Commission August 5, 2015 Columbia Heights Public Schools - Conditional Use Permit Case # 2015 -0802 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 R -1, Single Family Residential District when associated with an Educational Institution. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan, The Comprehensive Plan designates this area for Educational Institutions. (C) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not result in any additional noise and should not disrupt neighboring properties. (c) 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. (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. Page 2 111 City of Columbia Heights Planning Commission August 5, 2015 Columbia Heights Public Schools- Conditional Use Permit Case # 2015 -0802 (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 for Columbia Heights Public Schools, located at 1400 49th Avenue NE. Motion: The Planning Commission recommends that the City Council approve the Resolution NO. 2015 -55 for a Conditional Use Permit for two proposed LED signs for Columbia Heights Public Schools located at 1400 49th Avenue Ne., subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: I. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized in existing pylon signs. Motor fuel stations may display dynamic LED signs as part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a conditional use permit. All dynamic LED signs may occupy no more than 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. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses, except one for which changes are necessary to correct hour -and- minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses. 4. 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. Page 3 112 City of Columbia Heights Planning Commission August 5, 2015 Columbia Heights Public Schools- Conditional Use Permit Case # 2015 -0802 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. 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 section. 7. 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. 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. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non - conforming sign subject to § 9.105(E). ATTACHMENTS • Draft RESOLUTION NO. 2015 -55 • Application • Applicant's Narrative • Location Map • Sign Drawings Page 4 113 CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION To be filled out by City: CASE NO.: APPLICABLE ORDINANCE NO.: 9.104(H) PRESENT ZONING: PRESENT LAND USE PLAN DESIGNATION To be filled out by Applicant: DATE RECEIVED: DATE OF LETTER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: PROPOSED NAME OF DEVELOPMENT:!j'��Q�„��SGj PROJECT ADDRESS /LOCATION: �I� ( , ( oo .,wm LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): PRESENT USE OF PROPERTY: PROPOSED USE OF PROPERTY: REASON FOR REQUEST (please attach a written narrative describing the intended use of the property and justification for your request. Describe any modifications andlor limitations of the use that have been made to insure its compatibility with surrounding uses and with the purpose and intent of the Zoning Ordinance and the Comprehensive Plan.) APPLICANT KAJO PHONE FAX E-MAIL PAGER ADDRESS I; CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET ENGINEERING REQUIREMENTS SET BY THE CITY ENGINEER OR CONTAINED IN THE CITY CODE, ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY CONDITIONAL USE PERMIT APPLICATION A. Submittals as required in the attached application checklist, detailing what is proposed for the property. B. Two copies of a list of property owners within 350 feet of the subject property. APPLICATION FEES: A. $200.00 Conditional Use Permit Fee TOTAL AMOUNT RECEIVED $ Oo CITY RECEIPT NUMBER U 14 `t 9 DATE RECEIVED 711 3 I is, Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota: E PROPERTY OWNER SIGNATUR from Applicant) 6 O /.1 ATE . �lol�•btc yam- -+ ,t��IS COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE DATE Revised: 2006 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 115 wt[a archttects 12 Long Lake Suite #17 St. Paul, MN 5 Ph (651) 770 -4 Fx (651) 770 -1 Date: July 6, 2015 Project: Columbia Heights Public Schools Sign Upgrades. Subject: Conditional Use Permit application. To: Columbia Heights Planning Commission We are working with the Columbia Heights Public School District in proposing to upgrade some of the signs on their property adjacent to 49th. Ave N.E. The signs are serving the High School, Family Center and Highland Elementary. The three existing signs are old and difficult to maintain. They also use fluorescent tubes for illumination. The proposed signs will use a more efficient LED system. Please note that three signs will be replaced by only two. Attached are images of the existing signs, the proposed ones, a site plan showing locations and a photograph of a sign similar to the proposed ones at the Columbia Academy Middle School installed a couple of years ago. ii�Li � r MLA Architects, Inc. Page 1of1 116 COU�TY 1400 49th Avenue NE 3000t2 /t 3005 ji 3 t 000 4990 4595 g S 1622 1617 1614935 17� 1 {t rl �a� 20� 4973x �.T 4924 11J� p. "' s - �11C �O 7 ~ I ` rn 1615 d 1616 L � ., 2 R o T 50T ..AVE NE � .,, � ~0 5 4935 Y 4922 �.� e 1 � o 0 o O o � !U 1610 97+' o � 1609 t 49 0 tJ� ;4 4 'l J 4935 4918 0:4957 ^ !`� 80� ��. ' ^ 1606 1709 Z _y ilJ r n n r n p r, r+ n r, r,/ r w Y I 4923 1603 m' — {n >f F' m n ,: ^ ��� �` t� f J (J7 Q -' ^15 t691 1602 170!1 4911 4916 31005 0 0 0 v �' ,3p9 ii:>> v `\� O N o ^ $ 4912 LINCOLN TER NE -t370 J �r� / ..lr Q p - \ -` .. Q 4906 po 0y 0p 0 o° o o c o p u 4919 p+ O O O '0 490 5 491 +�^ 1600 m A I849 r M� oT,� ° � ^ n 1600 1610 t�`r°Nev 162 0 4811 T 1630 � ♦e� W��C m e o nnr�l:r ,e 4601 % r6 € 2 4737 �'�` t- 0351 4ite± wSi�� %� > : '^• a ,, � �' ° R p 1069^ 1400 1 1440 1 1490 c 1111 ;9 it101 KnR c? R PAR�.K.VIEW. LNG 'O1O .4 60,L sR 1n =J 'JR" �aJ 4^ V I$ r: _ L m J l 24627 621 441 4606 40 T x j461 KEYES PARK :... . hrirl =Ta ?n Faw��Cm�'r .*G'i 0 Scale t 4800 117 4W% 14 453604513 4336 H4521 550 4510 yuj~p6 4543 4542 4344 4532 4335 453 4537 SJ6 4532 4M6 4529 S 4531 4334 524 431t 4'32 4318 4521 452 4525 4519 4530 4318 �4510 4517 4511 4018 4515 4518 4514 c !. ml l+ei$ 4342 _ .- 14309 310 4506 :... . hrirl =Ta ?n Faw��Cm�'r .*G'i 0 Scale t 4800 117 l _7 29 4) -F777 Tjjjjj!�J�lj��ITL Z = t N=i4i W �. a `r: is _ cm Lo f. EO }wz i.; z C'; wz. 0 — H -D N� z'x 7 ' 711- uj W z ® w�= 06 z 15 m W Q W o Q W z2� ZLa im „ W W z v,oa g �- W �` = O 7 29y ® ® ® uj \_ z w Z ® ~ > w z = '► '� a to F3 u Lu zo 2 a f: Ir COLUMBIA HEIGHTS HIGH SCHOOL 1400 49th Ave N.E. COLUMBIA HEIGHTS, MN 55421 !Z d N 118 6 0 s v N c� m E a� J s a s c c u z u LL m a CD c a) v .E m LL. N W Q c O O t v N t 2 c N .X W 119 tl, L Q f C Q L .E cc LL a N W 120 c 4 !V O� I t W O O t V ch LJ CL 2� _ O U N N I I, i W O O t V ch LJ CL 2� _ O U N 1 N n N f� M 0 0 s �'Vw] m W E W C tQ c / E O 3 a� z 121 C C C4 E 2 IWO cn E 0 z 122 -O 0 .0 in CL 7 Yd v 0 'moo 0 31 C C C4 E 2 IWO cn E 0 z 122 s u u c� Z� r� 1 Y n •� Lo o N N O 11. W O COLUMBIA HEIGHTS CITY COUNCIL LETTER Maotina of Aiiaiict loth 7f19C AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 8 -4 Community Development APPROVAL ITEM: Variances for the Wall sign at Jimmy's BY: Elizabeth Holmbeck BY: Pro Billiards- 4040 Central Avenue NE. DATE: August 6, 2015 BACKGROUND: At this time Jimmy Wetch, representing Jimmy's Pro Billiards is requesting a Variance for the existing wall sign located at 4040 Central Avenue NE. Mr. Wetch is requesting the following Variances: 1) Waiver to Section 9.106 (P) (12) (a) (1)- allowing a wall sign on the property that exceeds the maximum allowable square footage of 100sq. ft. 2) Waiver to Section 9.106 (P) (6) (g)- allowing a sign to be painted directly on the exterior surface of the building. The existing signage and mural was painted on the building in 2013. At that time, the applicant was informed that the mural was not permitted by City Code. This issue was being addressed immediately after the sign was installed. However, it was put on hold as a result of Community Development Department staff changes. Staff has received mixed feedback about the sign. Some people consider the sign to be public art, while others feel it is an inappropriate size. Staff was directed to contact Mr. Wetch and request that he remove the signage or apply for a Variance to City Code. Mr. Wetch is applying for this Variance with the hope to keep the sign and mural, rather than removing and replacing with code compliant signage. A narrative detailing this request is included for your review. The Comprehensive Plan designates this area for commercial uses. The property is used as a billiards hall which is commercial in nature. The property located at 4040 Central Avenue NE is zoned CB, Central Business as are the properties to the North, South, East and West. The properties to the North -West are zoned R -3, Multiple Family Residential. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing on August 5th, 2015 and recommended that the City Council deny the Variance request citing that the application does not meet the required findings of fact. In the case of a Variance request, staff does not make a recommendation for or against approval. The decision is left to the Planning and Zoning Commission to make a recommendation to the City Council, who will make the final decision. If the City Council chooses to approve the Variance request, please use the recommended motions below. RECOMMENDED MOTION: MOTION: Move to close the public hearing and waive the reading of Resolution 2015 -56, there being ample copies available to the public. MOTION: Move to adopt Resolution NO. 2015 -56, being a resolution to approve Variances for the wall sign at Jimmy's Pro Billiards located at 4040 Central Avenue NE. 124 ATTACHMENTS: Resolution 2015 -56 Planning Report Application Applicant's Narrative Location Map Sign Rendering COUNCIL ACTION: 125 RESOLUTION NO. 2015 -56 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR JIMMY'S PRO BILLIARDS -4040 CENTRAL AVENUE NE. WHEREAS, a proposal (Case #2015 -0803) has been submitted by Jimmy Wetch on behalf of Jimmy's Pro Billiards to the City Council requesting a Variance from the City of Columbia Heights at the following site: ADDRESS: 4040 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 1) Waiver to Section 9.106 (P) (12) (a) (1)- allowing a wall sign on the property that exceeds the maximum allowable square footage of 100sq. ft. 2) Waiver to Section 9.106 (P) (6) (g)- allowing a sign to be painted directly on the exterior surface of the building. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on August 5t", 2015. 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. 126 Resolution No. 2015 -56 Page 2 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 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 variance. Passed this 101h day of August, 2015. Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Katie Bruno, Council Secretary 127 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2015 -0803 DATE: July 29, 2015 TO: Columbia Heights Planning Commission APPLICANT: Jimmy's Pro Billiards LOCATION: 4040 Central Avenue NE. REQUEST: Sign Variance PREPARED BY: Elizabeth Holmbeck, Associate City Planner INTRODUCTION At this time Jimmy Wetch, representing Jimmy's Pro Billiards is requesting a Variance for the sign located at 4040 Central Avenue NE. 1) Waiver to Section 9.106 (P) (12) (a) (1)- allowing a wall sign on the property that exceeds the maximum allowable square footage of 100sq. ft. 2) Waiver to Section 9.106 (P) (6) (g)- allowing a sign to be painted directly on the exterior surface of the building. The existing signage and mural was painted on the building in 2013. At the time, the applicant was informed that the mural was not permitted by City Code. This issue was being addressed immediately after the sign was installed. However, it was put on hold by the City Council as a result of Community Development Department staff changes. Staff has received mixed feedback about the sign. Some people consider the sign to be public art, while others feel it is an inappropriate size. Staff was directed to contact Mr. Wetch and request that he remove the signage or apply for a Variance to City Code. Mr. Wetch is applying for this Variance with the hope to keep the sign and mural, rather than removing and replacing with code compliant signage. A narrative detailing this request is included for your review. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for Commercial uses. The property is used as a billiards hall which is commercial in nature. ZONING ORDINANCE The property located at 4040 Central Avenue NE is zoned CB, Central Business as are the properties to the North, South, East and West. The properties to the North -West are zoned R -3, 128 City of Columbia Heights Planning Commission August 5, 2015 Jimmy's Pro Billiards, Variance Case # 2015 -0803 Multiple Family Residential. DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Central Avenue" standards within the Design Guidelines. The following standards are specific design requirements for signs in the Central Business District: Objective: Signs should be architecturally compatible with the style, composition, materials, colors and details of the building, and with other signs on nearby buildings. Signs should be an integral part of the building and site design. Wall and projecting signs should be positioned so they are an integral design feature of the building, and to complement and enhance the building's architectural features. Signs should not obscure or destroy architectural details such as stone arches, glass transom panels, or decorative brickwork. Signs may be placed: • In the horizontal lintel above the storefront windows • Within window glass, provided that no more than 25 percent of any individual window is obscured • Projecting from the building • As part of an awning • In areas where signs were historically attached Wall signs should generally be rectangular. In most cases, the edges of signs shall include a raised border that sets the sign apart from the building. Individual raised letters set onto the sign area surface are also preferred. Projecting signs may be designed in a variety of shapes. Sign colors shall be compatible with the building facade to which the sign is attached. No more than three colors should be used per sign, unless part of an illustration. To ensure the legibility of the sign, a high degree of contrast between the background and letters is preferable. A combination of soft /neutral shades and dark /rich shades (see Building Colors standard) are encouraged. 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 practical difficulties in conforming to the Zoning Ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the Zoning Ordinance, Page 2 129 City of Columbia Heights Planning Commission August 5, 2015 Jimmy's Pro Billiards, Variance Case # 2015 -0803 The applicant believes that because the building is situated in the middle of the block and between other buildings, the location does not provide adequate visibility for potential customers. Furthermore, that the sign and mural creates an inviting atmosphere on the property that was not present before the installation of the sign and mural. 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. According to the applicant, the location of business has posed difficulties in attracting and retaining customers due to a lack of visibility on Central Avenue and not enough on- street parking in front of the business. C) The practical difficulties caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. According to the applicant, the difficulty arises from the location of the sign along Central Avenue and visibility issues associated with it. d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for commercial use. Being thot jimmy's Pro Billiards is a commercial establishment; the variance request is consistent with the types of uses guided for this area. 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 In the case of a Variance request, staff does not make a recommendation for or against approval. The decision is left to the Planning and Zoning Commission to make a recommendation to the City Council. If the Planning and Zoning Commission chooses to recommend approval, please use the recommended motions below. Motion: Move to close the public hearing and waive the reading of Resolution 2015 -56, there being ample copies available to the public. Motion: The Planning Commission recommends that the City Council approve the Resolution Page 3 130 City of Columbia Heights Planning Commission August 5, 2015 Jimmy's Pro Billiards, Variance Case # 2015 -0803 No. 2015 -56, approving the Variances for the property located at 4040 Central Avenue NE., 1) Waiver to Section 9.106 (P) (12) (a) (1)- allowing a wall sign on the property that exceeds the maximum allowable square footage of 100sq. ft. 2) Waiver to Section 9.106 (P) (6) (g)- allowing a sign to be painted directly on the exterior surface of the building. ATTACHMENTS • RESOLUTION NO. 2015 -56 • Application • Applicant's narrative • Location map • Sign and mural rendering Page 4 131 CITY OF COLUMBIA HEIGHTS VARIANCE APPLICATION To be filled out by City: CASE NO.: APPLICABLE ORDINANCE NO.: 9.104 (G) PRESENT ZONING: PRESENT LAND USE PLAN DESIGNATION DATE RECEIVED: DATE OF LETTER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: To be filled out by Applicant: PROPOSED NAME OF DEVELOPMENT: I rtil J PROJECT ADDRESS /LOCATION: �i r y o� LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): PRESENT USE OF PROPERTY:�� PROPOSED USE OF PROPERTY: KO 4'1� 4- k)Q I REASON FOR REQUEST (Please attach a written narrative describing the variance being requested. The narrative should fully explain the hardship(s) that justifies variation from the strict application of the Code. The terms "hardship" or "undue hardship" typically refer to physical characteristics of the property, such as shape, soil conditions, or topography. Neither mere inconvenience, nor reduction in value alone, is sufficient to justify a variance. The inability to put property to its highest and best use is not considered a hardship or practical difficulty. The problem that justifies the variance must be caused by conditions unique to the property and beyond the control of the applicant. The applicant cannot create the condition that requires the variance.) APPLICANT grV16-5 A - j,� EWE- ,f�F- PHONE 6� 1- 2-30- 3y'/FAX E -MAIL PAGER CELL # ADDRESS I�`-! 1 ` �,'� /�,' LLI ! ' 05 CITY /� �c� �� l A) /►� �I STATE / IA/ ZIP FEE OWNER OF PROPERTY ADDRESS CITY PHONE FAX STATE ZIP Page 1 of 2 132 CITY OF COLUMBIA HEIGHTS VARIANCE APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY VARIANCE APPLICATION A. Submittals as required in the attached application checklist, describing the variances) proposed. B. Two copies of a list of property owners within 350 feet of the subject property. APPLICATION FEES: A. $200 Variance Fee CITY RECEIPT NUMBER CQ ) U ` Z TOTAL AMOUNT RECEIVED DATE RECEIVED CQ j 7- 9 Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota: PPLICANT SIGNATUR DATE F'HUF'EHTY OWNER SIGNATURE (If different from Applicant) DATE C • %�lm�e t, ? k a. r-\ vim c Lo ( Z c, I I S COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE DATE Revised 2005 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 133 Jimmy's Pro Billiards and Burger Diner 4040 Central Ave NE, Columbia Heights, MN 55421 Reasons behind the decision to paint a mural on the building and the resulting effects: - Jimmy's Pro Billiards and Burger Diner has been in business for 17 years. The mural has resulted in a significant increase in sales and business, more so than any other effort. - The current city ordinance states signage needs to be less than or equal to 100 square feet. However, a mural of that size would not be adequate to illustrate the full title of the establishment. Furthermore, this wasn't known when the decision to paint the building was made. The goal was and still is to promote the fact that Jimmy's is more than just a pool hall; the mural seeks to encourage new visitors to stop in and have a burger. - As a result of the mural's existence, all pertinent information is displayed on the building, allowing the windows to be free from advertising paint. This results in a more inviting atmosphere. Historically, the windows were unsuccessfully utilized for advertisement to promote everything the mural now efficiently illustrates. - The limited street parking creates a barrier to new customers. A ramp exists behind the building, however, customers are not aware of this until after they've visited. Although there is an entrance from the alley, most people utilize the front door to access the establishment. The dark alley is uninviting to the general public; the painting on the front of the building offsets this by making the business appear friendly and approachable. - In the past, it was difficult for potential customers to realize what existed at Jimmy's Pro Billiards and Burger Diner as it is located in the middle of the block between other buildings. The mural makes it clear to potential new customers that the establishment is an inviting diner and pool hall. - Owning a business in Columbia Heights can prove to be challenging. In order to run a successful business, it is necessary to have new customers come in the door. Having a bold visual message that is immediately clear to people passing by helps facilitate this and keep a long standing establishment in business. - The mural creates a visual landmark that people notice. Previously, cars drove by and had no idea what went on in this building. Now, people pass by and take notice - potentially making a mental note to stop in and check it out for the first time. 134 AN( KA cucNI Y 4040 Central Avenue NE m M ti Q 0 v r 4 0 v 4054 4040 4032 4026 4022 4018 4012 843 Co A�ac!iSFa,o nnn =rrn: :U'J 4040 2 COURT 41ST AVE NE 2 - - -� 4057 4056 4053 o 4054 4049 4026 F 4048 4045 4040 2 4030 2 � o W 4026 Q C J c � 4020 W 4018 V 4014 4000 41ST AVE NE 0 0 IV Scale 1 1200 40TH AVE NE - a -aaan 135 Jimmy's Pro Billiards and Burger Diner 4040 Central Ave NE, Columbia Heights, MN 55421 Mural Specifications: -1a n--� 12 n The graphic above is a scale image representing the mural on Jimmy's Pro Billiards and Burger Diner and shows the size of the front of the building. Units are measured in feet. The mural was completed in September of 2013. As seen, the painting covers most of the front of the building. The reasoning behind the work was to enhance the exterior facade and make the establishment more inviting - especially to promote the fact that Jimmy's is more than just a pool hall and is also known for its diner. As such, the establishment name was changed to "Jimmy's Pro Billiards and 3urger Diner" and seeks to provide a friendly environment welcome to everyone. 136 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of August 10" 2015 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: 1 CITY MANAGER'S NO: 8 -5 Community Development APPROVAL ITEM: Variances for the Wall sign at Washburn BY: Elizabeth Holmbeck BY: McReavy Miller Heights Chapel -4101 Central DATE: August 6, 2015 Avenue NE. BACKGROUND: At this time William McReavy, representing Washburn McReavy Miller Heights Chapel is requesting a Variance for a proposed sign to be located at 4101 Central Avenue NE. 1) Waiver to Section 9.106 (P) (12) (a) (1)- allowing a wall sign on the property that exceeds the maximum allowable square footage of 100sq. ft. The applicant recently purchased the Miller Heights Chapel at 831 40th Avenue NE. That property will be sold and the Miller Heights Chapel operations will be move to the Washburn McReavy location on Central Avenue. The applicant wishes to add additional signage on the property located at 4101 Central Avenue. A Variance is required, as the additional signage will exceed the maximum square footage allowed for signage on the property. A rendering of the proposed sign is included in this report. Also, a narrative detailing this request is included for your review. The Comprehensive Plan designates this area for commercial uses. The property is used as a funeral home, which is commercial in nature. The property, located at 4101 Central Avenue NE., is zoned CB, Central Business, as are the properties to the north, south, and west. The properties to the east are zoned R -4, Multiple Family Residential. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing on August 5th, 2015 and recommended that the City Council grant the Variance request. In the case of a Variance request, staff does not make a recommendation for or against approval. The decision is left to the Planning and Zoning Commission to make a recommendation to the City Council, who will make the final decision. If the City Council chooses to approve the Variance request, please use the recommended motions below. RECOMMENDED MOTION: MOTION: Move to close the public hearing and waive the reading of Resolution 2015 -57, there being ample copies available to the public. MOTION: Move to adopt Resolution NO. 2015 -57, being a resolution to approve a Variance for the proposed wall sign at Washburn McReavy Miller Heights Chapel located at 4101 Central Avenue NE. 137 ATTACHMENTS: Resolution 2015 -57 Planning Report Application Applicant's Narrative Location Map Sign Renderings COUNCIL ACTION: 138 RESOLUTION NO. 2015 -57 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR WASHBURN MCREAVY MILLER HEIGHTS CHAPEL -4101 CENTRAL AVENUE NE. WHEREAS, a proposal (Case #2015 -0804) has been submitted by William McReavy on behalf of Washburn McReavy Miller Heights Chapel to the City Council requesting a Variance from the City of Columbia Heights at the following site: ADDRESS: 4101 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 1) Waiver to Section 9.106 (P) (12) (a) (1)- allowing a wall sign on the property that exceeds the maximum allowable square footage of 100sq. ft. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on August 5th, 2015. 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. 139 Resolution No. 2015 -57 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 variance. Passed this 101h day of August, 2015. Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Katie Bruno, Council Secretary 140 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2015 -0804 DATE: July 30, 2015 TO: Columbia Heights Planning Commission APPLICANT: Washburn McReavy Miller Heights Chapel LOCATION: 4101 Central Avenue NE. REQUEST: Sign Variance PREPARED BY: Elizabeth Holmbeck, Associate City Planner INTRODUCTION At this time William McReavy, representing Washburn McReavy Miller Heights Chapel is requesting a Variance for a proposed sign to be located at 4101 Central Avenue NE. 1) Waiver to Section 9.106 (P) (12) (a) (1)- allowing a wall sign on the property that exceeds the maximum allowable square footage of 100sq. ft. The applicant recently purchased the Miller Heights Chapel at 831 401h Avenue NE. That property will be sold and the Miller Heights Chapel operations will be move to the Washburn McReavy location on Central Avenue. The applicant wishes to add additional signage on the property located at 4101 Central Avenue. A Variance is required as the additional signage will exceed the maximum allowable square footage allowed for signage on the property. A rendering of the proposed sign is included in this report. Also, a narrative detailing this request is included for your review. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for Commercial uses. The property is used as a funeral home which is commercial in nature. ZONING ORDINANCE The property located at 4101 Central Avenue NE is zoned CB, Central Business as are the properties to the North, South, and West. The properties to the East are zoned R -4, Multiple Family Residential. 141 City of Columbia Heights Planning Commission August 5, 2015 Washburn McReavy & Miller Heights Chapel, Variance Case # 2015 -0804 DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Central Avenue" standards within the Design Guidelines. The following standards are specific design requirements for signs in the Central Business District: Objective: Signs should be architecturally compatible with the style, composition, materials, colors and details of the building, and with other signs on nearby buildings. Signs should be an integral part of the building and site design. Wall and projecting signs should be positioned so they are an integral design feature of the building, and to complement and enhance the building's architectural features. Signs should not obscure or destroy architectural details such as stone arches, glass transom panels, or decorative brickwork. Signs may be placed: • In the horizontal lintel above the storefront windows • Within window glass, provided that no more than 25 percent of any individual window is obscured • Projecting from the building • As part of an awning • In areas where signs were historically attached Wall signs should generally be rectangular. In most cases, the edges of signs shall include a raised border that sets the sign apart from the building. Individual raised letters set onto the sign area surface are also preferred. Projecting signs may be designed in a variety of shapes. Sign colors shall be compatible with the building fa4ade to which the sign is attached. No more than three colors should be used per sign, unless part of an illustration. To ensure the legibility of the sign, a high degree of contrast between the background and letters is preferable. A combination of soft /neutral shades and dark /rich shades (see Building Colors standard) are encouraged. 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 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. To comply with provisions of the Zoning ordinance, the applicant would have to either decrease the size of the proposed sign or remove the existing signage and replace with code compliant signage. Page 2 142 City of Columbia Heights Planning Commission August 5, 2015 Washburn McReavy & Miller Heights Chapel, Variance Case # 2015 -0804 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. According to the applicant, the additional signage will help the community understand that the two businesses have merged. C) The practical difficulties caused by the provisions of this article and have 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. The Comprehensive Plan designates this area for commercial use. Being that the Washburn McReavy Funeral Home is a commercial use; the variance request is consistent with the types of uses guided for this area. 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 In the case of a Variance request, staff does not make a recommendation for or against approval. The decision is left to the Planning and Zoning Commission to make a recommendation to the City Council. If the Planning and Zoning Commission chooses to recommend approval, please use the recommended motions below. Motion: Move to close the public hearing and waive the reading of Resolution 2015 -57, there being ample copies available to the public. Motion: The Planning Commission recommends that the City Council approve the Resolution No. 2015 -57, approving the Variance for the property located at 4101 Central Avenue NE., 1) Waiver to Section 9.106 (P) (12) (a) (1)- allowing a wall sign on the property that exceeds the maximum allowable square footage of 100sq. ft. ATTACHMENTS • RESOLUTION NO. 2015 -57 • Application Page 3 143 City of Columbia Heights Planning Commission August 5, 2015 Washburn McReavy & Miller Heights Chapel, Variance Case # 2015 -0804 • Applicant's narrative • Location map • Sign renderings Page 4 144 CITY OF COLUMBIA HEIGHTS VARIANCE APPLICATION To be filled out by City: CASE NO.: DATE RECEIVED: APPLICABLE ORDINANCE NO.: 9.104(G) DATE OF LETTER OF COMPLETION: PRESENT ZONING: APPROVAL DATE PER STATUTE: PRESENT LAND USE PLAN DESIGNATION: REVIEW PERIOD EXTENDED: To be filled out by Applicant: PROPOSED NAME OF DEVELOPMENT: itJfs!►��r^� � / �/?���y r-//ei�.4A e' 01 ez PROJECT ADDRESS /LOCATION: LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): PRESENT USE OF PROPERTY: /�i� n er+t L're.titr�7� %orJ SE'r'��r�e S c o"oe4l PROPOSED USE OF PROPERTY: 5A REASON FOR REQUEST (Please attach a written narrative describing the variance being requested. The narrative should fully explain the hardship(s) that justifies variation from the strict application of the Code. The terms `hardship" or "undue hardship" typically refer to physical characteristics of the property, such as shape, soil conditions, or topography. Neither mere inconvenience, nor reduction in value alone, is sufficient to justify a variance. The inability to put property to its highest and best use is not considered a hardship or practical difficulty. The problem that justifies the variance must be caused by conditions unique to the property and beyond the control of the applicant. The applicant cannot create the condition that requires the variance.) APPLICANT IVil /,•:.-► AJ . &,c E? E -MAIL eyet.SA 6uv..� PHONE j / -2- 965-- S323FAX S/-2 -.377 730 PAGER ADDRESS Vl i� l Cen Ira l 47ve NE CITY Co /u ..y 6" �,- ller9 X /VM FEE OWNER OF PROPERTY ADDRESS CITY N`i9 STATE "%A) . PHONE STATE Page 1 of 2 CELL #ri / -2—SdS— S.S.13 ZIP SSYa f FAX ZIP 145 CITY OF COLUMBIA HEIGHTS VARIANCE APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY VARIANCE APPLICATION A. Submittals as required in the attached application checklist, describing the variance(s) proposed. B. Two copies of a list of property owners within 350 feet of the subject property. APPLICATION FEES: A. $200 Variance Fee TOTAL AMOUNT RECEIVED $ CITY RECEIPT NUMBER t;� �4 DATE RECEIVED (� 00 Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota: e APPLICANT SIGNATURE 6'% 3 DATE PROPERTY OWNER SIGNATURE (If different from Applicant) DATE t7- 7H n1 m10 -2L r, (41-23 COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE DA E Revised 2005 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 146 June 29, 2105 Elizabeth Holmbeck, Washburn- McReavy is a family owned and operated funeral chapel operating the Columbia Heights funeral chapel at 4101 Central Avenue NE, Columbia Heights. We recently purchased the Miller Methven Taylor funeral home at 83140th Ave NE. We are selling that real estate and moving the business to our location on Central Avenue. We are requesting a variance to add lettering to the front of the building where there is currently no lettering. Our desire is to add the name Miller- Heights Chapel. We believe this name on the front of our building will help the community to understand what happened to the Miller- Heights chapel and we feel like the name "Heights" gives a warm feeling to the community that has always embraced the abbreviation for the city of Columbia Heights a simply Heights. We are requesting this variance because it is our understanding that the lettering on three different sides of our building (North, West and South) will exceed the 100 sq ft allowed by the city. Please let me know if there is any further information you need as it is our desire to meet the July 6th application deadline, be in attendance at the Planning and Zoning meeting on August 5th at 7:00 PM and the City Council Meeting on Aug 10th at 7:00 PM. Thank you for your consideration. Sincerely, MI 147 :4101 Central Avenue Uj z cn z 0 (n PUBLIC SAFETY ENTER (PS C I COLUMBIA HEIGHTS FIRE 5TATION ell 10 1 Qy 0% O 42ND AVF NF Co C4 10 fu 1 C.4 kn 'm a El TTTT T rr 41STAVENE V , ► I I W4RGO < 71OLUMBIA I rn HEIGHTS POLICE COURT z rn --s:rA:rtoN- 41 ST AVE NE 41ST AVE NI; 4057 4056 4054 4053 ---- 4054 4047 4049 4045 4048 I Sw 4041 4040 ui 4040 > 4032 z H 4030 Ix cr 4026 CD 4026 - z r4O22 z 4020 A 14 > iiTi —i a401 2 4014 4000 I 40TH AVE NE jam" i 3988 CPLUMBIA 3889 DDW4P�IGHTS 3 A:2 Z' rL-ICENSE CENTER j�F 39CPbj J*— F-1 Sr ­-1 2U I A in a — Ic Q In 40TH AVE NE Scale 12400 1p b f -- 0, as as Q, 148 -4206 - I 4'200 - - --- i 4207 � 4201 42ND AVL NE. Uj z cn z 0 (n PUBLIC SAFETY ENTER (PS C I COLUMBIA HEIGHTS FIRE 5TATION ell 10 1 Qy 0% O 42ND AVF NF Co C4 10 fu 1 C.4 kn 'm a El TTTT T rr 41STAVENE V , ► I I W4RGO < 71OLUMBIA I rn HEIGHTS POLICE COURT z rn --s:rA:rtoN- 41 ST AVE NE 41ST AVE NI; 4057 4056 4054 4053 ---- 4054 4047 4049 4045 4048 I Sw 4041 4040 ui 4040 > 4032 z H 4030 Ix cr 4026 CD 4026 - z r4O22 z 4020 A 14 > iiTi —i a401 2 4014 4000 I 40TH AVE NE jam" i 3988 CPLUMBIA 3889 DDW4P�IGHTS 3 A:2 Z' rL-ICENSE CENTER j�F 39CPbj J*— F-1 Sr ­-1 2U I A in a — Ic Q In 40TH AVE NE Scale 12400 1p b f -- 0, as as Q, 148 s M Ll r --.. -. r - 6 ._,. wr -s Le .. R - t �1 1: wi � {s L* F. 11 fX15T1KJ(;i SIGN South side of building so 1 FUNERAL CHAPEL & CR04AAT" SERVICES '`f 150 Q Lij O IN n 1L O Q z CH COLUMBIA HEIGHTS AGENDA SECTION BID CONSIDERATION ITEM NO. 9131 MEETING DATE AUGUST 10, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: LIBRARY BID PACKAGE NO. 2, CITY PROJECT NO. 1410 DEPARTMENT: Public Works CITY MANAGER'S APPROVA BY /Date: Kevin Hansen / August 4, 2015 BY /Date: MA BACKGROUND: Bids for CP -1 were awarded in June to Veit Companies and work has begun. CP -1 involves mass site grading, environmental remediation including removal of unsuitable material, and storm sewer. Generally this work can be described as getting the site "Pad Ready" for the building. CP -2 bidding documents were split into four (4) bid packages and included: • General Building Construction — General Contractor (GC) • Fire Protection (FP) • Building Mechanical (Mech) • Building Electrical (Elec) STAFF RECOMMENDATION: Plans and specification were prepared and advertised both electronically, on the City's website, and in the local newspaper and building trade associations. Bids were received and publicly read aloud at the July 29, 2015 bid opening. Bid results are as follows: • GC — 9 bids, amended to 8 • FP — 2 bids • Mech — 5 bids • Elec — 2 bids The bid tabulation is attached for each section. As previously described, there were several alternates provided for each or across bid sections. The bids were reviewed and tabulated by the Owner's Rep, ICS Consulting, Inc., and their recommendation letter is attached. In each bid section, the low bidder is highlighted, and their base bid plus recommended alternates is provided at the end of each listing. The initial low bid for the GC section, Donlar Construction, contacted ICS following the bid opening to report a bidding error and to formally request withdrawal of their bid. This process is allowed in ours and in most public bidding documents. Staff has also reviewed each of the bid sections, including each of the alternates. A summary listing of the recommendations, with alternates is as follows: 1. General Contractor: Award to Ebert Construction including bid alternates 3, 4, 5, 6, 13 and 14 for a contract award amount of $5,112,600. 2. Fire Protection: Award to Breth - Zensen in the amount of $47,330. 3. Mechanical: Award to Cool Air Mechanical including bid alternates 1, 2, and 3 in the amount of $815,000. 4. Electrical: Award to Peoples Electric Company including bid alternates 1 and 8 in the amount of $750,500. 152 City of Columbia Heights - Council Letter Page 2 RECOMMENDED MOTION(S): 1. Move to accept bids and award General Building Construction including alternates 3, 4, 5, 6 (deduct), 13, and 14 for the New Library, City Project No. 1410, to Ebert Construction, based upon their low, qualified, responsible bid in the amount of $5,112,600 from Fund 450 - 51410 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 2. Move to accept bids and award Fire Protection for the New Library, City Project No. 1410, to Breth- Zensen, based upon their low, qualified, responsible bid in the amount of $47,330 from Fund 450- 51410 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Move to accept bids and award Building Mechanical including alternates 1, 2 and 3 for the New Library, City Project No. 1410, to Cool Air Mechanical, based upon their low, qualified, responsible bid in the amount of $815,000 from Fund 450 - 51410 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 4. Move to accept bids and award the Building Electrical including alternates 1 and 8 for the New Library, City Project No. 1410, to Peoples Electric Company, based upon their low, qualified, responsible bid in the amount of $750,500 from Fund 450 - 51410 -5120; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. ATTACHMENT: ICS Recommendation letter Bid Tabulations Donlar withdrawal letter JCS CONSULTING, INC August 6, 2015 Mr. Kevin Hansen Public Works Director City of Columbia Heights 63738 th Avenue N.E. Columbia Heights, MN 55421 Re: Columbia Heights Library Construction Package 2: General Construction, Fire Protection, Mechanical and Electrical scopes Columbia Heights, Minnesota Dear Mr. Hansen: ICS Consulting, Inc. has reviewed the bids that were received on Wednesday, July 29, 2015 at 2:00 p.m. for the above - referenced project. The City received bids on four (4) works scopes which were for General Construction, Fire Protection, Mechanical, and Electrical. These work scopes along with CP1 work makes up the entire labor and material required per bidding documents for the construction of the new library. Work Scope 1— General Construction The Low bidder on bid day was Donlar Construction. Their bid was $4,625,000. Shortly after the bids were received and publicly read aloud, we received a phone call from Donlar requesting to pull their bid due to an error found within the bid. The error identified was for Gypsum Board (Section 09 29 00). Included in the bid day number was a total of $456.00, the correct amount was $456,000.00. Donlar's request to not honor their bid is attached with this recommendation. It is ICS's recommendation for the City of Columbia Heights to honor Donlar's request to withdraw their bid due to the mathematical error that was found. Our recommendation to the City of Columbia Heights for award is as follows: Work Scope 1— General Construction Ebert Construction —Total Base Bid Amount: $ 5,048,000.00 Alternate #3 — Free Standing Fireplace ADD $ 51,550.00 Alternate #4 — Wall Mounted Display Case ADD $ 5,450.00 Alternate #5 — Bench in Children's Area ADD $ 9,400.00 Alternate #6 — Alternate Brick (FBR -2) and Stone (STN -2) DEDUCT $ 43,000.00 Alternate #13 — Property Insurance ADD $ 15,000.00 Alternate #14 —Storm Water Treatment Device ADD $ 26,200.00 Total accepted bid amount for Work Scope 1— General Construction: S 5,112,600.00 3890 Pheasant Ridge Drive N.E., Suite #180 • Blaine, MN 55449 Phone: (763) 354 -2670 • Fax: (763) 780 -2866 • www.ics- consult.com Work Scope 2 — Fire Protection Breth - Zenzen Fire Protection —Total Base Bid Amount: $ 47,330.00 No Alternates Accepted Total accepted bid amount for Work Scope 2 — Fire Protection: S 47.330.00 Work Scope 3 — Mechanical Cool Air Mechanical — Total Base Bid Amount: $ 758,000.00 Alternate #1— Generator and Transfer Switch ADD $ 1,000.00 Alternate #2 — Sidewalk Snow Melt System ADD $ 55,000.00 Alternate #3 — Free Standing Fireplace ADD $ 1,000.00 Total accepted bid amount for Work Scope 3 — Mechanical: S 815.000.00 Work Scope 4 — Electrical Peoples Electric Company — Total Base Bid Amount: $ 599,000.00 Alternate #1 — Generator and Transfer Switch ADD $ 145,000.00 Alternate #8 — Low Profile Power Distribution Modules (PDM) ADD $ 6,500.00 Total accepted bid amount for Work Scope 4 — Electrical: S 750 500.00 The total for all bids and alternates recommended for approval: $6,725,430.00 Attached are copies of the official bid tabulation and bid forms for the above - referenced project, for your use. Please contact us at 763 - 354 -2670 should have any questions regarding our recommendation. Regards, Brett Baldry Project Manager Attachments c: file Columbia Heights Library BID TABULATIONS CP -2: General Construction, Mechanical, Electrical, Fire Protection July 29, 2DIS @ 2:00 p.m. OWNER: City of Columbia -gins OWNER'S RBPRESENTATVE: ICS Consulting, Inc. ARCHITECTIENGINEER: Hammel, Green and Abrahamson, Inc. Work Scope 1: General Construction BIDDER BIDDER BIDDER BIDDER BIDDER DOW. 64netNC - Eko-, Inc. abs Ebert ochon Carp -den ECCO I.onalNCllOn, LLC Temal CDnairy m., Inc. Company Conslructlon 3650Annapolis Lane North, 2939Ente na.Avenue, 7654 Waahlnelnn Avenue 550 Shoreview Park Road 23350 -Oy Road 10 .101 S.Oas South Shoreview, MN 55126 T: 65132741631 Corcoran, MN 55357 T: 763490 --1 Plyrn -h. MN 55447 T: 169 -393 Harting., MN 55033 T: 651- 11-19 Eden prairie, MN 55344 T: 6124 -000 BIDSECURITY Bond Bond Bond Bond Bond ADDENDA RECD, 142,3,4,5 1,2.3,4.5 112 3 4,5 1,2,3,415 1,2 14.5 BASE BID $4,625,000.00 $5,048,000.00 $5,092.000.00 $5,159.000.00 $5,184,000,00 COMBINED BASE BID WA WA NIA N/A WA UNITPRICES: UP -1: Mechanical Supply Floor Diffusere [per diff-dinstalled) NIA NIA No Sid WA No Chan e UP -2: Electrical Floor Bozes[par boa/insWItOl] N/A WA No and NIA No Change UP -3: Stone Sea11110.1ri i; Wall [each /installed] $712.00 -1, $675.00 1each $675.0O1:ach S70D.DOAeech $675.001...h UP-4: Stepping Slopes [each /Installetl] $423.00 /each $400.00leach 540p.00 /each $425 DO /each 3400.00 /each UP -6: Outcropping Stone[e..luinslalledJ $420.00teach $400.00'ea41 $400.00roach $425.00'each $400.00 /each UP -6: Select Grenular Materiel (Borrow) [CYfinstalliAl $33. ICY S32goO Y $32.0OCY $35.001CY $32.00 1CY UP -7: Bin- Filtration Soil Mix B [CV /Installed] $65.00 /CV $60.001CY $60.00.CY $66.00. y 560.00lCY UP -8: Iron Enhanced Sand Filler Material [CVAnalalled] 5355.00,''7 $355.O111CY $355.00/CV S40D.00 1CY $355.00 /CY UP -9: Storm Ware, Management Area Liner (geo embrane) [SYAm,talled] $15nD/SY $14,251SV $14.25JSY $16.00 /SY $15.00 /SY UP -10: G- -able Filter [SYAnstalled] $1.811 /SY $1.711 1SY $1.7P'SV $2.00ISY 52.00/$7 UP -11: Temporary Curb Blocks [LF /installed] $3 W&F E2.501LF $2.50 /LF 53.00 /LF $3.00ILF UP -12: Base Stone Course (ASTM No. 57) [CY11moilledJ $90.00 1CY $90.00/Cy $90.001CY $100.Omy $100.00 1CY UP -13: SUb -Base Stone Course (ASTM No.] CY /installed $115.00 /CY 51150O'CY E115.00ICY $125.00rCY 5120.00 /CV UP -14: 4" Concrete Walk PIn.talla 58.30ISF $6 WSF $SOD /SF $6,0WSF $6.00 1SF UP -15: 6" Concrete Walk with Snow Melt [SFIi- talletlJ $11.291SF $6.761SF 59.851SF $7.00 /SF $10.00 /$F UP -16: Colored Concrete Walk [SF /installed] $12.SO/5F $23.53 /SF $11.00 /SF $12.0073F 51B.OG /SF UP -17: Permeable Paver System [SF /installed] $32.00ISF $3050 /SF $30.00 /SF $20.00 1SF $35.00/SF UP -19: Composite Piles [LFAr.talled] 510.004E 310.00 /LF $70.00/LF $10.00I1F $7000lLF ALTERNATES' ALT -1: General., and Transfer Switch WA WA No Bid WA N. Change ALT -2: Sid -11, Snow Malt System ADD. $25.000.00 NIA No Bid WA No Change ALTO: Free Standing Fireplace ADD. $60000.00 ADD: 551.550.00 ADD: $49,500.00 ADD: $47.8DO.00 ADD: $22.000.00 ALT-4: Wall Mounted Display Lase ADD: $5.000110 ADD: $5,450.00 ADD: 55,500.00 ADD: $6,200.00 ADD: 55,500.00 ALT -5: Bench In Children.' Area ADD. $18,000.00 ADD: $9,400.00 ADD. $5,800.00 1 ADD'. $6,800.00 ADD: $17,000.00 ALT-6: Alternate Brick (FBR -2) and Stone (STN -2) ADD: 545,000.00 DEDUCT. ($43,000.00 DEDUCT. 443,000.00 DEDUCT: $43,000.00) DEDUCT: $20,000.00) ALT -7: Stone Benches ADD $58,OD0.00 ADD. $14,000.00 ADD: $3.200.00 ADD: $3,100.00 ADD: $2,100.00 ALT-S: Low Profile Power Distribution Mod.las (POM) No Change WA No Bid N/A No Change ALT -9: Fire Sprinkler Piping No Chan a WA No Bid NIA No Change ALT -10: Controls Contractor. Egan Company No Change N No Bid P:'A No Change ALT. I: Control. Contractor: NAC Mechanical& Electrical Services No Change N'A No Bid N/A No Change ALT -12: Controls Contractor: Setpoint Sym ates Corporation No Chang. NA No B NIA No Change ALT -13: Properly naurenca ADD: $15.000.00 ADD: $15.000.00 ADD: 56,825 00 ADD: $12,500.00 ADD. $7,500.00 ALT-14: Storm Water Treatment Device (Section 3.... at ADD: $26,ppp.pp ADD $26 200.00 ADD. 525,700.Op ADD $25,500.DD ADO: 528,000.00 Columbia Heights Library BID TABULATIONS CP -2: General Construction, Mechanical, Electrical, Fire Protection .fury 29, 2015 @ 2:00 p,m, OWNER: City of Columbia Height, OWNER'S REPRESENTATIVE: ICS Consulting, Inc. ARCHITECTIENGINEER: Hammel, Grten- Abrahamson, Inc. Work Scope 1: General Construction BIDDER BIDDER BIDDER BIDDER BIDDER Morton COnslmclion CO„ Tana Genenf , SharLUntl quis t Meisin gar COns1 -an Inc. COntraMOn 31035 Commnee Blvtl., Associates, Inc. C-P"Y. Inc. 5905 Golden Valey Rwtl Geltlan Valley, MN 55923 Sulle 1000 Rogers, MN SSai4 37St Weal Service 21 SI, Paul, MN 55131 121 Bd Paid. N Way South St. Paul. MN 550]5 T: i6Y546J066 T: 763.463 -0220 T: 651J51 -0570 T; 651J52J7]6 BID SECURITY Bond Bond Bond Bond ADDENDA RECD. 1,2,3,445 11213,4,5 1,2 1,4,5 1,2,3.4,5 BASE BID $5,312,987.00 55.388,000,00 $5.440,000.00 $5,552.000.00 COMBINED BASE BID No Bid WA NiA NIA UNITPRICES: UP -1: Mechanical Supply Floor Diffusers [per difuser /installed] N, 'A N/A WA NIB UP -2: Electrical Floor Boxes [per boxlinstalled] N:A NiA WA NIB UP -3: Slone S- 11Retalni.9 Wall [eachMStalled] $70101 , ach 5716.00 /each $745.00 /each $750.00Mach UP-4: Stepping Stones [each /inlalled] E41g.DOJeach $425.00 1each $440.00 /each $bsD.DVeam UP -5: Outcropping Stone [each /installed] 1419,00 1each $425.001each 5440.D0each 5450.00f¢ach UP 6: Select Granular Material (Borrow) ICY /Installed] $33.5OCY $3460DICY $35.00 /CY S32,O0CY UP -7: RioFilVation Soil Mix B 1CY /installed] $63.DOICY $64.00 1CY 566.0OGY S80.ODICY UP - B: Iron Enhanced Sand Filter Material [CYlinstalled] 5372.00 1CY $377DOoCY 5391.001CY $355.0D/CY UP -9: Storm Water Management Area Liner(geomembrane) [SV /Installed] $15600!57 $16.00YSY $16.00 1CY $15.00 /SY UP -10: Geotextile Filter ISY /Installed] $2600 /SY 52.00 /SV $16901SY $2,00MY UP -11; Temporary Curb Blocks 91-F /installed] $2160ILF $3DD/LF $2475ILF $3.0OLF UP -12: Base Stone Course (ASTM No. 57) [CYlinstalled] $94.50 /CY $96.0OCY $99.0/CY $90.001CY UP -13: SUb -Base Stone Course (ASTM No. 3) C"natalled $121,0OCY $12240 /CY $127.0OCY $115.00/CY UP- 14:4" Concrete Walk Flins 16,1 $6.00 /SF $8.00/SF $8.00ISF 36.00ISF UP -15: 5" Co...,. Walk with Snow Melt [SFAnstalled] $9.00ISF $9.00ISF $12.0OSF $7.00 /SF UP -16: Colored Concrete Walk ISF /installed] $13,OO /SF $126ODISF $13,00 /SF 59.005E UP -17: Permeable Paver System [SF /installetl] 534D0SF $38.DOISF $34.00iSF $13,0OSF UP -ta: Composite Piles ILF /Installed] $9.011F $10.00ILF S10.00ILF $11,00 /LF ALTERNATES - ALT- 1: Generator and TransferSwitch NIA WA WA NIB ALTO: Sidewalk Snow Melt System NIA NiA ADD_ 55,800.00 ADD: $1.000.00 ALTJ: Free Standing Fireplace ADD: $55,000.00 ADD: $23,500600 ADD. $76,000.00 ADD: $28,DOD.00 ALTJ: Wall Mounted Display Case ADD: $5,500.00 ADD. M.800.M ADD: $5,300,00 ADD: $6,200.00 ALTS: Bench In Children' Area ADD: $7,000,00 ADD: $6100000 ADD: $11,200.0 ADD: $8,000.00 ALT-6; Alternate Brick (FBR -21 and Stone (STN -2) DEDUCT: $43,000.00) DEDUCT: ($15,800.00) DEDUCT: ($25,000.00) DEDUCT: ($20,OOD.00 ALT -7: Stone Benches ADD: $173,000,00 ADD. 52,100.00 ADD. $31,000.00 ADD: $4,000.110 ALT-6: Low Profile Power DistribuUOn Modules (POM) NIA WA NIA NIB ALT-9: Fire Sprinkler Piping NIA WA NIA WB ALT -10: Controls Contractor: Egan Company NSA NIA NIA NIB ALT -11: Controls Contractor: NAC Mechanical& Electrical Services NA NIA WA NIB ALT -12: Controls Contractor: Salpoinl Systems Corporation N/A WA WA NIB ALT -13: Property Insurance ADD: $8 ODD00 ADD: $14,600.00 ADD: 1.1,000.00 ADD: $10,OOD.00 ALT -i4: Storm Water Treaanenl Device (Section 39410) ADD: 527.000.011 ADD: $25,800.00 ADD. $26,OOD.00 ADD. 527p00.00 Columbia Heights Library BID TABULATIONS CP -2: General Construction, Mechanical, Electrical, Fire Protection July 29, 2016 @ 2:00 p.m. OWNER: City of Columbia Heights OWNER'S REPRESENTATIVE: ICS Consulting, Inc. ARCHITECT /ENGINEER: Hammel, Green and Abrahamson, Inc. Work Scope 2: Fire Protection BIDDER BIDDER BIDDER BIDDER BIDDER BmMZ,nnn Fire Protection 8051 Stoning Drive General Sprinkler Corp. Suite 1863 Buerkle Road St. Joseph, MN White Bear Lake, MN 55110 T: 120J61 3 -09000 0 T: 651484.5903 BID SECURITY Bond Bond ADDENDA RECD. 1, 2, 3, 4, 5 1, 2, 3, 4 only BASE BID $47,330.00 $72,600.00 COMBINED BASE BID NIA N/A UNIT PRICES: UP -1: Mechanical Supply Floor Diffuser (per diffuser /installed] N/A NIA UP -2: Electrical Floor Boxes 1per bo.1matalledl WA NIA UP -0: Stone Seat/Retaining Wall [eachlinstalled] NIA NIA UP-4: Stepping Stones [each /installed) N/A N'., UPS: Outcropping Stone [each /installed] N/A N A UP -6: Select Granular Material (Borrow) [CY /installedl NIA N/A UP -7: Bio- Filtration Soil Mix B ICY /installed] NIA N/A UPS: Iron Enhanced Sand Filter Material (CY /installed] N.t. NIA UP -9: Storm Water Management Area Liner (geomembrane) [SY /Installed] NIA N/A UP -10: Gectextiie Filter [SY /installed] NIA NIA UP -11: Temporary Curb Blocks [LF/installed] NIA NIA UP -12: Base Stone Course (ASTM No. 67) ICY /Installed] NA NIA UP -13: Sub -Base Slone Course (ASTM No. 3) [Cy,,.: NIA N/A UP -14: 4" Concrete Walk SF4nstalled N/A NIA UP -15: S' Concrete Welk wah Snow Melt [SF/inatallad] NIA N/A UP -16: Colored Concrete Walk (SF /installed] N N/A UP -17: Permeable Paver System (SFhnabilled] NA N/A UP -18: Composite Plies [LF /installed] N/A NIA ALTERNATES: ALT -1: Generator and Transfer Switch NI• N/A ALT -2: Sidewalk Snow Melt System WA NA ALT -3: Free Standing Fireplace NIA NIA ALT-4: Well Mounted Display Case NA NA ALT-5: Bench in Children.' Ara N/A N/. ALTS: Alternate Brick (FBR-2) and Stone (STN -2) WA N /. -. ALT -7: Stone Benches N!A NIA ALTS: Low Profile Power Distribution Modules (PDM) N/A NIA ALT -9: Fire Sprinkler Piping Deduct ($1,300.00 1 Deduct: ($5,450.00) ALT -10: Controls Contractor: Egan Company NIA WA ALT -11: Controls — Contractor: NAC Mechanical 6 Electrical Services NIA NIA ALT -12: Controls Contractor. Setpofnt Systems Corporation NIA N/A Columbia Heights Library BID TABULATIONS CP -2: General Construction, Mechanical, Electrical, Fire Protection July 29, 2015 @ 2:00 p.m. OWNER: City of Columbia Neights OWNER'S REPRESENTATIVE: ICS Consulting, Inc. ARCHITECTIENGINEER: Hammel, Green and Abrahamson, Inc. Work Scope 2: Fire Protection BIDDER BIDDER BIDDER BIDDER BIDDER Bnth- Ze ... n Fire Protection 8053 Sterling Drive General Sprinkler Corp. Suite 101 1863 Buerkle Read St. Joseph, MN MN While Bear Lek., MN 56110 T: 320 -363 -09000 0 T: 6514843903 ALT -13: Property Insurance WA NIA ALT -14: Storm Water Treatment Device (Section 334100) 1 NIA NIA Columbia Heights Library BID TABULATIONS CP -2: General Construction, Mechanical, Electrical, Fire Protection July 29, 2015 @ 2:00 p.m. OWNER: City of Columbia Heights OWNER'S REPRESENTATIVE: ICS consulting, Inc. ARCHITECTIENGINEER: Hammel, Green and Abrahamson, Inc. Work Scope 3: Mechanical T� BIDDER BIDDER BIDDER BIDDER BIDDER Nonhern Alr Corporation Cool Air Mechanical Area Mechanical, Inc. Master Mechanical. Inc. d /b /a NAC Mechanical t. RJ Mechanical, Inc, Avenue N.E. 1He 3276 Road, p551 Gemini Road Electrical Services 901 N. Industrial Park Road Leth Nam Lake, MN Vadnais Heights, 55110 Heigh Erig Eagan, MIN 55121 1001 Labors Industrial Mo., MN 65061 21 T: 763- 206 -0821 T: 651461.9]56 36 90 T: 667- 805 -7600 Court, Suhe B Vadnais Heights, MN 65110 T: 320-679 -0602 T: 651490 -9868 BID SECURITY Bond Bond Bond Bond Bond ADDENDA RECD. 1, 2, 3, 4, 5 1, 2, 3, 4, 5 1, 2 .3, 4, 5 1, 2, 3, 4, 5 1, 2, 3, 4, 5 BASE BID $758,000.00 $840,000.00 $878,800.00 $918,000.00 $925,000.DO COMBINED BASE BID N %A NIA N/A N/A WA UNIT PRICES: UP -1: Mechanical Supply Floor Diffusers [per diffuserfinstalled) $200,00Niffuser $710.00!Diffuser $100,00 /Dmuser $780.00,Diffuser $710.ODlDiffuser UP -2: Electrical Floor Boxes (per box /Installed] N!A N %A NIA NA No Bid UP-3: Stone SeaURetaining Wall [each /installed] NIA NIA NIA N/A No Bid UP-4: Stepping Stones [each /installed) N/A NIA N/A Nfq No Bid UP-5: Outcropping Stone [each /installed] NA NIA WA WA No Bid UPS: Select Granular Material (Borrow) [CYlinitalled] WA N/A N,A N/A No Bid UP-7: Bio- Filtration Soil Mix B [CYfi istalled] NA NIA NA N:A No Bid UPS: Iron Enhanced Sand Filter Material (CYAnatalled] NIA NM N..4 N No Bid UP -9: Storm Water Management Area Liner (geomembrane) [ SFAnstalled] N/A NIA N/A N'a. No Bid UP -10: Geotextile Filter (SY/instailed) NIA NIA N/A N,A No Bid UP41: Temporary Curb Blocks (LF /installed] N NIA N/A NIA No Bid UP -12: Base Stone Course (ASTM No. 57) (CYfnstalled) WA NIA N/A WA No Bid UP -13: Sub -Base Stone Course (ASTM No. 3) CY /installed NA N,,A N/A N!A No Bid UP -14: 4" Concrete Walk SF /installed NIA NIA NA WA No Bid UP -15: 5" Concrete Walk with Snow Melt [ SFfinstalled) N,A NIA NiA NIA No Bid UP -16: Colored Concrete Walk [SF /installed] NIA N A N!A N/A No Bid UP47: Permeable Paver System [SFAnstalled] N/A NIA NIA N/A No Bid UP-18: Composite Piles ILF /installetl] WA NIA NIA NIA No Bid ALTERNATES: ALT -1: Generator and Transfer Switch ADD: $1,D00.00 N/A ADD: $1,700.00 ADD: $2,600.00 ADD. $2,400.00 ALT -2: Sidewalk Snow Melt System ADD: $55,000.00 ADD: $55,000.00 ADD: $99,300.00 ADD: $96,800.00 ADD'. $82,700.00 ALT -3: Free Standing Fireplace ADD: $1,DOO,OO NIA ADD: $3,30000 ADD: $7,400.00 ADD: $2,000.00 ALT-4: Wall Mounted Display Case No Change NIA N/A NIA No Change ALTS: Bench in Childrons' Area No Change N 4 N/A ADD: $1,400.00 No Change ALTS: Alternate Brick (FBR•2) and Stone (STN -2) No Chang, N N/A NIA No Change ALT -7: Stone Benches No Change NIA N/A N. No Chan e ALTS: Low Profile Power Distribution Modules (PDM) No Change N/A N/A NIA No Chan e ALT -9: Fire Sprinkler Piping No Change NIA NIA NIA No Change ALT-10: Controls Contractor. Egan Company ADD: $106.00cO0 1 ADD: $103,749.00 ADD: $109,000.00 ADD: $113,500.00 ADD: $114,000.00 ALT41: Controls Contractor. NAC Mechanical $ 1 Electrical Services ADD: $91,000.00 ADD: $90,000.00 ADD. $94000 CO ADD: $90,000.00 ADD: $98,000.00 T� Columbia Heights Library BID TABULATIONS CP -2: General Construction, Mechanical, Electrical, Fire Protection July 29, 2016 @ 2:00 p.m. OWNER: City of Columbia Helghts OWNER'S REPRESENTATIVE: ICS Consuhing. Inc. ARCHITECT /ENGINEER: Hammel, Green and Abrahamson. Inc. Work Scope 3: Mechanical BIDDER BIDDER BIDDER BIDDER BIDDER Northem Air Corporation Cool Air Mechanical Area Meehan( cal, Inc. Master Mechanical, Inc. tlro /a NAC Mechanical & RJ Mechanical, Inc. 1544134th Avenue N.E. 3276 Fanum Road, *800 1027 Gemini Read Electrical Services g07 N. IndUS4181 Park Road Ham Lake, MN 55304 Vadnais Heighh, MN 55110 Eagan, MN 56721 1001 Labors Industrial Mora, MN 55ark T: 763- 205-0821 T: 651-451 -9356 7:651- 906 -1600 Court, Suite B Vadna(s Heights, MN 55170 T: 120- 679 -0602 T: 6614190 -9868 ALT -12: Controls Contractor. Setpoint Systems Corporation ADD. $132,000.00 ADD: $130,000.00 ADD: $136,000.00 1 ADD'. $161,000.00 ADD: $136,000.00 ALT -13: Property Insu ance No Change ADD: $10.000.00 WA N/A No Change ALT -tb: Storm Water TreaMent Device (Section 334100) No Change NIA NIA N,A No Change. Columbia Heights Library BID TABULATIONS CP -2: General Construction, Mechanical, Electrical, Fire Protection July 29, 2015 @ 2:00 p.m. OWNER: City of Columbia Heights OWNER'S REPRESENTATIVE: ICS Consulting, Inc. ARCHITECT /ENGINEER: Hammel, Green and Abrahamson, Inc. Work Scope 4: Electrical BIDDER BIDDER BIDDER BIDDER BIDDER sops, Ek,hi, Company Vinro, n 277 E. FRI. —Ave. 1—s forest Blvd. N. SL Pau[, MN 55107 Forest Lake, MN 55025 BID SECURITY Bond— Bond ADDENDA RECD. 1. 21 3, 41 5 1, 2, 3, 4, 5 BASE BID $599,000.00 $607, "20.00 COMBINED BASE BID N!A N A UNIT PRICES: UP -1: Mechanical Supply Floor Diffusers [per diffuser/installed] N,A N/A UP -2: Electrical Floor Boxes [per box /installed] $1,150.00 /box $520.001box UP -3: Stone SeaURO.ining Wall [each /installed] N/A N,A UP-4: Stepping Stones [each /installed] N/A WA UP-5: Outcropping Stone Ieach /Installed] NIA NIA UP-6: Select Granular Material (Borrow) [CYlinatalled] N/A WA UP -7: Blo- F[Rration Soil Mix B [CYAnstalied] N'A N/A UP-8: Iron Enhanced Sand Filter Material [CY /installed) NIA NIA UP -9: Stone Water Management Area Liner (goomembmne) [SY /installed] N/A N/A UP-10: Geotextile Filter [SY /Installed] WA N/A UP -11: Temporary Curb Blocks [LF/inatalled) WA NA UP -12: Base Stone Course (ASTM No. 57) ICY /installed) N,A N/A UP -13: Sub -Base Stone Course (ASTM No. 3) CY /installed] NIA N UP-14: 4" Concrete Walk [SF/installed) N,A N UP 16: S" Concrete Walk with Snow Melt [SFfintalled] N/A N/A UP -16: Colored Concrete Walk [SFAnstelled] N/A N,A UP -17: Permeable Paver System [SFlinstalled] WA NIA UP -18; Composite Piles [LFfinstalled] N/A N/A ALTERNATES: ALTA: Generator and Transfer Switch ADD. $145,000.00 ADD: $157,215.00 ALT -2: Sidewalk Snow Mail System No Change WA ALT -3: Free Standing Fireplace No Change NIA ALT -4: Wall Mounted Display Case No Chance N/A ALT-5: Bench in Children' Area No Change N/A ALT-6: Alternate Brick (FBR•2) and Stone (STN -2) No Change NIA ALT -7: Stone Benches No Change NIA ALT-8: Low Profile Power Distribution Modules.(PDM) ADD', $6,500.00 ADD: $15,060.00 ALT-9: Fire Sprinkler Piping No Change N/q ALT -10: Controls Contractor: Egan Company No Change WA ALT -11: Controls Contractor: NAC Mechanical& Electrical Services No Change WA ALT -12: Controls Contractor: Setpolnt Systems Corporation No Change NIA Columbia Heights Library BID TABULATIONS CP -2: General Construction, Mechanical, Electrical, Fire Protection My Z9,2016 @ 2:00 p.m. OWNER: City of Colombia Heights OWNER'S REPRESENTATIVE: ICS Consulting, Inc. ARCHITECT /ENGINEER: Hammel, Green end Abrahamson, Inc. Work Scope 4: Electrical BIDDER BIDDER BIDDER BIDDER BIDDER Peoples Electric Company 277 E. Fill —re Ave. 18995 Forest Blvd. N. 51. Pao', MN 55107 Forest Lake, MN 55025 ALT -13: Property Insurance No Change NIA ALT -14: Storm Water Treatment Device (Section 334100) No Change N.'A July 30, 2015 Brett Baldry ICS Consulting, Inc, 3890 Pheasant Ridge Drive NE Suite 180 Blaine, MN 55449 Dear Brett: RE: Columbia Heights Library 3939 Central Avenue Columbia Heights, MN 55421 Donlar Construction has discovered a mathematical error in its bid for the Columbia Heights Library that was bid on July 29, 2015. Donlar's error occurred in the Gypsum Board Section 092900 line where we inadvertently entered $456.00 in lieu of $456,000.00. Unfortunately, we are unable to honor the bid as submitted. We respectfully request to withdraw the bid for the Columbia Heights Library project. If you have any questions or comments on this matter, please feel free to contact me. Sincerely, Donlar Construction Company 1" Gary Traut Vice President Office: 320 - 253 -3354 Fax: 320- 253 -3795 Email: gartraut@donlarcorp.com Cc: brettb @isc- consult.com DONLA� R TWIN CITIES SAINT CLOUD 550 Shoreview Park Road, Shoreview, MN 55126 601 28th Avenue South, Waite Park, MN 56387 C O N S T R U C T I O N 651- 227 -0631 Fax 651- 227 -0132 320 - 253 -3354 Fax 320 - 253 -3795 I