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HomeMy WebLinkAbout11-14-2016 CCPThe following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, November 14, 2016 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.) �#Z�I>•7_T>1>A 3. INVOCATION- Invocation provided by Bill Hugo, St. Matthew Church S. 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.) (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 p 4 MOTION: Move to approve the minutes of the City Council meeting of October 24, 2016 MOTION: Move to accept the minutes of the Planning Commission meeting of October 4, 2016 p 20 MOTION: Move to accept the minutes of the Special EDA Commission meeting of October 24, 2016 p 24 MOTION: Move to accept the minutes of the Traffic Commission meeting of October 3, 2016 p 43 MOTION: Move to accept the Draft minutes of the Traffic Commission meeting of November 7, 2016 p 48 MOTION: Move to accept the minutes of the Library Board meeting of October 5, 2016 p 51 Mayor COLUMBIAGary L. Peterson CHCouncilmembers HEIGHTS Robert A. Williams Bruce Nowrocki City of Columbia Heights Donna Schmitt 590 40` h Avenue NE, Columbia Heights, MN 55421 -3878 (763) 706 -3600 TDD (763) 706 -3692 Jr. John M Manager City Manager Visit our website at: www.columbiaheightsmn.gov 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, November 14, 2016 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.) �#Z�I>•7_T>1>A 3. INVOCATION- Invocation provided by Bill Hugo, St. Matthew Church S. 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.) (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 p 4 MOTION: Move to approve the minutes of the City Council meeting of October 24, 2016 MOTION: Move to accept the minutes of the Planning Commission meeting of October 4, 2016 p 20 MOTION: Move to accept the minutes of the Special EDA Commission meeting of October 24, 2016 p 24 MOTION: Move to accept the minutes of the Traffic Commission meeting of October 3, 2016 p 43 MOTION: Move to accept the Draft minutes of the Traffic Commission meeting of November 7, 2016 p 48 MOTION: Move to accept the minutes of the Library Board meeting of October 5, 2016 p 51 City of Columbia Heights City Council Agenda C. Canvassing of 2016 General Election Results November 14, 2016 Page 2 p 53 MOTION: Move to waive the reading of Resolution No. 2016 -106, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -106 being a Resolution canvassing municipal general election returns and approve the signing of the Abstract. D. Designate "No Parking Anytime" on the east side of Tyler Street from the First Lutheran Church p 66 parking lot driveway to 70' north of the driveway. MOTION: Move to designate "No Parking Anytime" on the east side of Tyler Street from the First Lutheran Church parking lot driveway to 70' north of the driveway. E. Approve Business License Applications p 68 MOTION: Move to approve the items as listed on the business license agenda for November 14, 2016. F. Payment of Bills p 71 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 163360 through 163629 in the amount of $ 1,566,205.63. MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS A. Consideration of a Minor Subdivision for the property located at 1016 44th Avenue NE. p 81 MOTION: Move to waive the reading of Resolution No. 2016 -104, there being ample copies available to the public. MOTION: That the Planning and Zoning Commission recommend that the City Council approve the Minor Subdivision for the property located at 1016 44th Avenue NE., subject to certain conditions of approval. B. Consideration of a Conditional Use Permit for the property located at 1016 44th Avenue NE. to be p 98 subdivided: 110143`d % Avenue NE. MOTION: Move to waive the reading of Resolution No. 2016 -105, there being ample copies available to the public. MOTION: That the Planning and Zoning Commission recommends that the City Council deny the Conditional Use Permit for the property located at 1016 44th Avenue NE. to be subdivided: 110143`d % Avenue NE. A. Other Ordinances and Resolutions p 128 a. First Reading of ordinance 1636, an Ordinance Establishing Regulations for the Residence Location of Predatory Offenders within the City. MOTION: Move to waive the reading of Ordinance No. 1636, establishing regulations for the residency location of predatory offenders within the city, there being ample copies available to the public. MOTION: Move to schedule the second reading of Ordinance No.1636, being an ordinance regulating the residency location of predatory offenders within the city for November 28, at approximately 7:00 p.m. in the City Hall Council Chambers. City of Columbia Heights City Council Agenda November 14, 2016 Page 3 b. Proposed Ordinance Regarding Proposed Massage Licensing Changes — First Consideration p 132 MOTION: Waive the reading of Ordinance No. 1635, there being ample copies available to the public. MOTION: To schedule the second reading of Ordinance No. 1635, amending Section 5.609 of City Code to provide a distinction between commercial massage business operations and non- commercial massage businesses for November 28, 2016 at approximately 7:00 p.m. in the City Hall Council Chambers. c. Official City Logos, Style Guide and Brand Amendment p 135 MOTION: Waive the reading of Resolution No. 2016 -107, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2016 -107, being a Resolution amending Official Logos, Style Guide and Brand for the City to include the additional tagline of "Columbia Heights: City of Peace ". B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS r • Walt Fehst, City Manager OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING OCTOBER 24, 2016 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday October 10, 2016 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota 1. CALL TO ORDER Mayor Peterson called the meeting to order at 7:06 p.m. 2. ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Williams, Schmitt and Murzyn, Jr. Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Kelli Bourgeois; Assistant to the City Manager, Kevin Hansen; Public Works Director, Joe Hogeboom; Community Development Director, Elizabeth Holmbeck; City Planner, Keith Dahl; Economic Development Manager, Gary Gorman; Fire Chief, Renee Dougherty; :Library Director, and Katie Bruno; City Clerk /Council Secretary 3. INVOCATION Invocation provided by Dan Thompson, Heights Church 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. Presentation from Barb Goodwin, AAC Senator Barb Goodwin presented the City with a Senate Resolution honoring the City of Columbia Heigths for being named an All America City. B. Mayor Peterson announced the second annual Heights Art Fest will take place on October 26th from 6:00- 9:00 PM at Murzyn Hall. (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 October 10, 2016 B. Resolution 2016 -103: Appropriate a project budget in Redevelopment Fund 420 for the costs to hold 820 40th Avenue NE until sold. *Removed for Discussion C. Adopt Resolution 2016 -101 accepting the Feasibility Report for Zone 1 Street Seal Coat Project and ordering the Public Improvement Hearing, City Project No. 1601 MOTION: Move to waive the reading of Resolution 2016 -101, there being ample copies available to the City Council Minutes October 24, 2016 Page 2 of 16 public. MOTION Move to adopt Resolution 2016 -101, being a resolution accepting the Feasibility Report for Zone 1 Street Seal Coat, City Project No. 1601, and ordering the Public Improvement Hearing beginning at 7:00 p.m. on December 5, 2016. D. Final Payment For Zone 7b Seal Coat and City Parking Lot Seal Coat or Fog Seal MOTION: Move to accept the work for 2016 Seal Coat and Fog Seal, City Project No. 1501 (Zone 7B) and Project No. 1401 (Parking Lot Preservation), and authorize final payment of $5,310.00 to Pearson Bros, Inc. of Hanover, Minnesota. E. Award of Professional Engineering Services for Central Avenue Safety Improvements, Project 1608 *Removed for Discussion F. Approve Resolution 2016 -102 authorizing execution of an I &I Grant Agreement MOTION: Move to waive the reading of Resolution 2016 -102, there being ample copies available to the public. MOTION: Move to approve Resolution 2016 -102 authorizing the City of Columbia Heights to execute an agreement with MCES for reimbursement of 1/1 reduction costs in the amount of $25,000, and furthermore, to authorize the City Engineer to act as the designated representative. G. Approval of a Grant Application to DEED for Development of the Legends of Columbia Heights MOTION: Move to waive the reading of Resolution 2016 -96, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -96, a resolution authorizing the approval of a grant application to the Minnesota Department of Employment and Economic Development Contamination Clean -up and Investigation Grant Program for the development of the Legends of Columbia Heights. H. Approval of a Grant Application to Met Council MOTION: Move to waive the reading of Resolution 2016 -98, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -98, a resolution authorizing the approval of a grant application to the Metropolitan Council Livable Communities Tax Base Revitalization Account. 1. Adopt Resolution 2016 -95, Adopting Optional Appendices of the State Fire Code MOTION: Move to waive the reading of Resolution 2016 -95, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -95, adopting optional appendices of the Minnesota State Fire Code. J. Approve Transfer of PSB Range Rental Fees MOTION: Move to transfer $8,600 received in Public Safety Building Range rental fees and $393 received from recycling of brass shell casings (for a total of $8,993) as follows: $7,045 to the Police Department's Building Repair and Maintenance Services line item 101.42100.4020 to be used for range maintenance provided by DC Management and Environmental Services, and $1,948 to the Police Department's Supplies line item 101.42100.2171 to be used towards the purchase of hepa filters to be used in the range. K. Professional services agreement for the design and construction administration of the Circle Terrace 5 City Council Minutes October 24, 2016 Page 3 of 16 park multi- purpose building MOTION: Move to enter into an agreement for the design and construction administration of the Circle Terrace Park multi - purpose building with the consulting engineering firm of ISG based upon their qualified, responsible proposal for a cost not -to- exceed $25,500 appropriated from Fund 412 -51609 -3050. L. Approve Transfer of Funds MOTION: The $12,180.75 received for various traffic direction and security details at CH schools, and the $6,000 received from Anoka County as partial reimbursement for OT for our officer assigned to the Anoka Hennepin Drug Task Force, and the $810 received from Anoka County as reimbursement for detox transports, and the $10,188.04 received from Coon Rapids for our participation in the Toward Zero Death traffic enforcement, and the $2,845 received for Anoka County Auto Theft grant reimbursement be transferred to line 1020, Overtime. The total is $32,023.79. M. Consideration of approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for October 24, 2016, in that they have met the requirements of the Property Maintenance Code. N. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for October 24, 2016. 0. 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 163180 through 163359 in the amount of $ 963,877.42. Councilmember Schmitt requested items B and E be removed for discussion. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to approve the ConsentAgenda, items A, C, D, F, G, H, 1, J, K, L, M, N, and O. All Ayes, Motion Carried. Councilmember Schmitt requested the following items be removed for discussion: C. Resolution 2016 -103: Appropriate a project budget in Redevelopment Fund 420 for the costs to hold 820 40th Avenue NE until sold. Councilmember Schmitt questioned the reason for using the 2015 figures for operation costs of the library, noting an unoccupied building will likely cost less. Finance Director Joe Kloiber explained a portion of the costs remain the same. Kloiber explained it will be charged to Fund 420; a development fund, and not the library fund. Councilmember Nawrocki questioned where the money would go if the building is sold. Kloiber stated Fund 420 would be reimbursed first, then money would go to the General Building Fund 411. Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Resolution 2016 -103, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution 2016 -103, being a resolution to appropriate a project budget in Redevelopment Fund 420 for the costs to hold 820 40th Avenue NE until sold. All Ayes, Motion Carried. E. Award of Professional Engineering Services for Central Avenue Safety Improvements, Project 1608 Councilmember Schmitt questioned why the lowest bidder was not chosen. City Council Minutes October 24, 2016 Page 4 of 16 Public Works Director Kevin Hansen explained we have received funding for the Central Avenue Safety Improvements from 47th to 51st Avenues totaling $930,000 through federal funds (90 %) and local State Aid funds (10 %). The source of the funds is MnDOT's Highway Safety Improvement Program or HSIP. The proposed improvements will include pedestrian and vehicle lighting, new sidewalks, and signage focusing on pedestrian safety in the corridor. The City of Columbia Heights sent out Requests for Proposals requesting professional engineering services to five (5) firms to provide engineering design and construction administration for Central Avenue safety improvements. Three proposals were received. The proposals were reviewed by staff (City Manager, Director of Public Works, Police Chief, Community Development Director, Economic Development Manager, and the Assistant City Engineer) While Bolton & Menk had the lowest cost, SEH provided the best overall response for this project. Within the fees, it should be noted, that SEH had 568 more hours programmed into their work program than Bolton & Menk. Councilmember Schmitt questioned if Hilltop is involved with the project. Director Hansen stated they cosigned the grant application. Councilmember Nawrocki asked how it is justifiable not to use the low bidder. Director Hansen explained the RFP was written to include eight specific performance criteria. Councilmember Murzyn, Jr. commented that S.E.H. is known for their high quality work. Connie Buesgens - 1021441h Ave NE asked if bike lanes would be included. Director Hansen stated bike lanes are not included in the scope of the project. Duane Morell -4212 Reservoir Blvd asked if this was considered a beautification project. Hansen explained this is a public safety concern, as the project area is very poorly lit. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to award the Central Avenue Safety improvements, Project 1608, to the consulting engineering firm of SEH Inc. based upon their qualified, responsible proposal for a cost not -to- exceed $216,500 appropriated from Fund 402 -51608 -3050. 4 Ayes, 1 Nay, Motion Carried. Ayes; Peterson, Schmitt, Williams and Murzyn, Jr. Nay; Councilmember Nawrocki. S. PUBLIC HEARINGS A. Consideration of Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding the property at 4309 Main Street NE for failure to meet the requirements of the Residential Maintenance Code. Gary Gorman reported broken windows on the property have been secured. Motion by Councilmember Williams, seconded by Councilmember Schmitt to close the public hearing and to waive the reading of Resolution Number 2016 -91, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution Number 2016 -91, being resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. All Ayes, Motion Carried. *Due to the technical difficulties with the video recording, Item 8B was moved to later in the meeting. The council proceeded to Items 9A and 9C. City Council Minutes October 24, 2016 Page 5 of 16 B. Establishment of the Central Valu Center TIF District Keith Dahl, Economic Development Manager, introduced this item. Dahl stated that Hy -Vee, Inc. has an option agreement to purchase the property at 4300 Central Avenue NE, known as the Central Valu Center. Dahl explained that the retail building on the property was constructed in the 1960's, and that environmental issues have been uncovered. Dahl noted that, due to the existence of current tenants and their leases on the property, Hy -Vee is unable to construct a new building on the site, so it will be renovating the former Rainbow Foods space and the former Slumberland Clearance Center space. Dahl explained that the environmental investigation identified asbestos, lead, petroleum, diesel range organics (DRO), tetrachloroethane, trichloroethylene, and other volatile organic compounds (VOC) within the proposed redevelopment portion of the building. The estimated cost for abatement and contamination clean -up of the pollutants on the Subject Property is $1.98 million. Hy -Vee has stated that this impacts its ability to develop this site without any public financial assistance. Therefore, Dahl explained that Hy -Vee has requested Tax Increment Financing (TIF) assistance from the Columbia Heights Economic Development Authority (EDA) to offset a portion of the unexpected costs associated with the renovations of the Subject Property. Dahl introduced Jason Arsvold, the City's financial advisor from Ehlers, who explained that a Tax Increment Financing Plan was generated and that a Contract for Private Redevelopment was approved by the City's Economic Development Authority (EDA), authorizing up to $1,100,000 in TIF assistance for Hy -Vee. Arsvold noted that the Contract authorizes repayment over a ten year period. Keith Dahl stated that in September, the City's Planning and Zoning Commission unanimously approved the Site Plan for Hy -Vee, and that authorization to modify the Redevelopment Plan for the Downtown Central Business Redevelopment Area, the establishment of the Central Valu Center TIF District and the authorization of an internal loan to fund public redevelopment costs would be final step in the approval for this project. Councilmember Nawrocki inquired about total development costs for this project. Phil Hoey, Director of Real Estate for Hy -Vee, stated that total project costs are unknown, but that they will exceed $9 million. Hoey stated that environmental remediation costs are estimated to cost around $2 million, and that the City has requested a grant from the Metropolitan Council to help offset those additional costs beyond the TIF assistance. Councilmember Schmitt inquired about the number of jobs that will be created as a part of this project. Hoey stated that between 300 and 400 jobs will be created and estimated that 40% of those jobs will be full -time. Councilmember Williams inquired about the cause of the pollution on site. Dahl stated that asbestos and lead - based paint are common pollutants in a building this age, and that there was likely a dry - cleaning establishment in the building at some point in time, which resulted in the additional pollutants. Mayor Peterson opened the public hearing. Kathy Ahlers, 4010 Hayes St. NE, asked if this project could wait to be completed until after the 2018 Comprehensive Plan process, at which time the City could create a master plan for the property and bring the building closer to Central Avenue. Community Development Director Joe Hogeboom stated that due to the existence of current tenants, the building cannot be relocated and that the project must proceed as planned. Duane Morell -4212 Reservoir Blvd, stated that he felt that Hy -Vee should not receive any public assistance for this project. (NAME) stated that he would like to have seen Aldi relocate to this site, as he believes Aldi should be expanded. Mr. Morell also wanted to clarify the difference between "remodel" and "redevelopment ". Hogeboom stated that this project is considered a redevelopment project by definition, but that the current building will remain in place. Motion by Councilmember Williams, seconded by Councilmember Nawrocki to waive the reading of Resolution 2016 -97, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Nawrocki to adopt Resolution 2016 -97, a resolution authorizing a modification to the Redevelopment Plan for the Downtown Central Business 8 City Council Minutes October 24, 2016 Page 6 of 16 Redevelopment Project; and Establishing the Central Valu Center Tax Increment Financing District Therein and Adoption of a Tax Increment Financing Plan Therefor. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Resolution 2016 -100, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to adopt Resolution 2016 -100, a resolution authorizing internal loan for advance of public redevelopment costs in connection with Central Valu Center Tax Increment Financing District. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions a. Part Time Temporary Library Employee Wage Adjustment Human Resources Director /Assistant to the City Manager Kelli Bourgeois reported the current salary for library pages, aides and supervisors are below market value. The proposed adjustments would bring the positions in line with neighboring libraries. Councilmember Nawrocki commented that the council was told the new library would require less staff. Ms. Bourgeois commented that we have reduced library pages from twelve to ten, each working 14 hours per week. Renee Dougherty reported currently there are five pages, trying to do the work of ten. Councilmember Nawrocki requested the glasses donation box from the Lions be in a prominent location. Councilmember Schmitt stated her disappointment with the request coming so late, as well as not receiving a breakdown of neighboring cities salary information. Motion by Councilmember Schmitt to remove the item from the agenda and discuss at the scheduled November budget meeting. Motion failed for lack of a second. Mayor Peterson commented that there may be an adjustment period as staffing requirements continue to be evaluated at the new library. Councilmember Schmitt indicated she would like to see comparable salaries for all three positions. Motion by Councilmember Schmitt to remove the library aide and library supervisor positions from the request, and consider the increase to the library pages. Motion failed for lack of a second. Motion by Councilmember Nawrocki seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution 2016 -104, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Nawrocki to adopt Resolution 2016 -104, being a resolution setting part time temporary library employee wages effective November 1, 2016 4 Ayes, 1 Nay, Motion Carried. Ayes; Peterson, Nawrocki, Williams and Murzyn, Jr. Nay, Councilmember Schmitt. B. Bid Considerations C. New Business and Reports a. 2018 Comprehensive Plan Authorization Joe Hogeboom, Community Development Director, introduced this item. Hogeboom stated that each city any township within the seven - county Twin Cities Metropolitan Area is required to update its Comprehensive Plan every ten years. All Comprehensive Plans must be updated no later than December City Council Minutes October 24, 2016 Page 7 of 16 31, 2016. Hogeboom stated that, in 2018, the contract for professional services related to the update of the Comprehensive Plan was approved at $50,000. Hogeboom requests that the Council now authorize the appropriation of $100,000 from the Special Projects Fund 226 to be used for the production of the Plan. Hogeboom explained that funds would be used to cover the cost of professional services, primarily in the areas of transportation planning, parks planning and water resources plan, as well as the physical production of the Plan. Hogeboom further explained that, in discussing comprehensive plan update costs with other communities, $100,000 seems to be on par with average cost estimates for this update period. Hogeboom explained that the City will issue a Request for Services for the production of the Comprehensive Plan this fall, and bring a recommended contract before the Council for consideration in either December, 2016 or January, 2017. The City Council would then decide the specific costs associated with the Contract. Councilmember Nawrocki inquired about whether or not any services related to the Comprehensive Plan update would be performed in- house. Hogeboom stated that much of the Land Use and Housing material would be produced in- house. In addition, City Planner Elizabeth Holmbeck will serve as Project Manager, and will guide and direct all professional services related to the Comprehensive Plan update. Mayor Peterson inquired about stakeholder input processes. Hogeboom explained that he anticipates a Steering Committee that will be formed, which will include members of the City Council, as well as members of the City's various boards and commissions. Hogeboom also anticipates resident participation on the Committee, as well as participation from the local business community. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution No. 2016 -99, there being ample copies available to the public. All Ayes, Motion Carried Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to approve Resolution No. 2016 -99, being Resolution authorizing commencing the 2018 Comprehensive Plan revision process, and appropriated a project budget of no more than $100,000 from the Special Projects Fund 226 to be devoted to the project. All Ayes, Motion Carried 10. ADMINISTRATIVE REPORTS Councilmember Nawrocki asked what the procedure is for animal control in the City. City Attorney Jim Hoeft reported a CSO will transport the animal to our contracted veterinary office. Fees are passed onto the owner of the animal when possible. City Manager Walt Fehst announced that Jane Bona, Principal of Immaculate Conception School was named as 1 of the 50 Best Principals in the nation. 11. CITIZENS FORUM Jennifer Piper -Muno -3813 Hayes St NE requested the council consider changing the license requirements for sole practitioner massager therapists in the City. Mayor Peterson recommended she contact the Community Development Department. Duane Morrell -4212 Reservoir Blvd commented that a recent council meeting the Mayor was in error when he did not agree with Councilmember Schmitt's request regarding the City Manager's approving an expense in excess of $15,000. Mr. Morrell indicated the council needs to hold city staff accountable for their actions. Councilmember Nawrocki stated he feels Mayor Peterson handled the discussion appropriately. 10 City Council Minutes October 24, 2016 Page 8 of 16 Frost Simula -1700 49th Ave NE questioned why the City Inspection Office is not enforcing the policy of requiring posting of permits. Community Development Director Hogeboom stated he will talk to the Building Official, and ask him to remind homeowners of the policy. Michelle Scheulender -4034 Monroe St NE requested the large maple tree behind the property at 666 40th Ave NE remains following the demolition of the structure. Community Development Director Hogeboom stated he will relay the request to the Public Works Director. Elizabeth Herman -950 39th Ave NE requested the City improve access and signage from the municipal ramp on 40th Ave and Central to the library as well as other businesses in the area. Amada Marquis -1700 49th Ave NE requested improved signage at the entrance to the library off 39tH Mayor Peterson announced the Holiday Train will be coming through Columbia Heights on December 10th, near 37th Ave and Stinson Blvd. at approximately 7:00 PM. Mayor Peterson encouraged remembrance of our servicemen and women, police and firefighters. 12. ADJOURNMENT Meeting adjourned at 9:17 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk 2016 -91 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article 11, of City Code, of the property owned by Julio Medina (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4309 Main Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, 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 September 22, 2016. 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 August 23, 2016, 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 September 22, 2016, inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 13, 2016, inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: ill City Council Minutes October 24, 2016 Page 9 of 16 A. Repair /replace all broken windows. B. Secure windows to prevent entry. 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(8). CONCLUSIONS OF COUNCIL 1. That the property located at 4309 Main Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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 4309 Main Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. 2016 -95 A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, on May 2, 2016 the State of Minnesota Adopted a new Minnesota State Fire Code with optional appendices, and Whereas, Chapter 8, Article IV of the Columbia Heights City Code automatically adopts the most recent edition of the Minnesota State Fire Code and allows for the adoption of optional appendices through Council Resolution, and Whereas, the adoptable Optional Appendices are: Appendix A Board of Appeals Appendix B Fire -flow Requirements for Buildings Appendix C Fire Hydrant Locations and Distribution Appendix D Fire Apparatus Access Roads Appendix F Hazard Ranking Appendix H Hazardous Materials Management Plan &Inventory Statement Appendix I Fire Protection Systems Appendix J Building Information Sign Appendix K Fire & Barbecues on Balconies or Patios Appendix L Emergency Responder Radio Coverage 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 12 City Council Minutes October 24, 2016 Page 10 of 16 The Fire Department has researched all of the adoptable optional appendices and has found that Appendices' D, 1, J, and K are relevant to the City of Columbia Heights and are hereby adopted. This Resolution shall be effective immediately upon its enactment by the City Council 2016 -96 RESOLUTION AUTHORIZING THE APPROVAL OF A GRANT APPLICATION TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT CONTAMINATION CLEAN -UP AND INVESTIGATION GRANT PROGRAM FOR THE DEVELOPMENT OF THE LEGENDS OF COLUMBIA HEIGHTS. BE IT RESOLVED BY the City Council (Council) for the City of Columbia Heights, Minnesota (City) that the City has approved the Contamination Clean -Up grant application submitted to the Department of Employment and Economic Development (DEED) on October 24, 2016 by the City for the Legends of Columbia Heights site. BE IT FURTHER RESOLVED that the City is located within the seven county metropolitan areas defined in Minnesota State Statue Section 473.121, subdivision 2, and is participating in the local housing incentives program under Minnesota State Statue Section 473.254. BE IT FURTHER RESOLVED that the City act as the legal sponsor for the project contained in the Contamination Clean -Up Grant Program to be submitted on or before November 1, 2016 and that the City Manager is hereby authorized to apply to the DEED for funding of this project on behalf of the City. BE IT FURTHER RESOLVED that the City has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the City has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the State of Minnesota (State), the City may enter into an agreement with the State for the above - referenced project, and that the City certifies that it will comply with all applicable laws and regulations as stated in all contract agreements. NOW, THEREFORE BE IT FINALLY RESOLVED that the Mayor and the City Manager are hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. 2016 -97 RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE DOWNTOWN CENTRAL BUSINESS REDEVELOPMENT PROJECT; AND ESTABLISHING THE CENTRAL VALU CENTER TAX INCREMENT FINANCING DISTRICT THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council ") of the City of Columbia Heights, Minnesota (the "City "), as follows: Section 1. Recitals 1.01. The Board of Commissioners of the Columbia Heights Economic Development Authority (the "EDA ") has heretofore established the Downtown Central Business Redevelopment Project (the "Project ") and adopted the Redevelopment Plan therefor. It has been proposed by the EDA and the City that the City adopt a Modification to the 13 City Council Minutes October 24, 2016 Page 11 of 16 Redevelopment Plan for the Project (the "Redevelopment Plan Modification ") and establish the Central Valu Center Tax Increment Financing District (the "District ") therein and adopt a Tax Increment Financing Plan (the "TIF Plan ") therefor (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Plans "); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 to 469.1082 and Sections 469.174 to 469.1794, all inclusive, as amended, (the "Act ") all as reflected in the Plans, and presented for the Council's consideration. 1.02. The EDA and City have investigated the facts relating to the Plans and have caused the Plans to be prepared. 1.03. The EDA and City have performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Plans, including, but not limited to, notification of Anoka County and Independent School District No. 13 having taxing jurisdiction over the property to be included in the District, a review of and written comment on the Plans by the City Planning Commission, approval of the Plans by the EDA on October 24, 2017, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the "Reports ") relating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and /or made a part of the City files and proceedings on the Plans. The Reports, including the redevelopment qualifications reports and planning documents, include data, information and /or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 1.05 The City is not modifying the boundaries of the Project, but is however, modifying the Redevelopment Plan therefor. Section 2. Findings for the Adoption and Approval of the Redevelopment Plan Modification. 2.01. The Council approves the Redevelopment Plan Modification, and specifically finds that: (a) the land within the Project area would not be available for redevelopment without the financial aid to be sought under this Redevelopment Plan; (b) the Redevelopment Plan, as modified, will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project by private enterprise; and (c) that the Redevelopment Plan, as modified, conforms to the general plan for the development of the City as a whole. Section 3. Findings for the Establishment of the Central Valu Center Tax Increment Financing District 3.01. The Council hereby finds that the District is in the public interest and is a "redevelopment district" under Minnesota Statutes, Section 469.174, Subd. 10 of the Act. 3.02. The Council further finds that the proposed redevelopment would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the Tax Increment Financing Plan, that the Plans conform to the general plan for the development or redevelopment of the City as a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 14 City Council Minutes October 24, 2016 Page 12 of 16 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.04. The City elects to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause b, which means the fiscal disparities contribution would be taken from inside the District. Section 4. Public Purpose 4.01. The adoption of the Plans conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up, to provide employment opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. For the reasons described in Exhibit A, the City believes these benefits directly derive from the tax increment assistance provided under the TIF Plan. A private developer will receive only the assistance needed to make this development financially feasible. As such, any private benefits received by a developer are incidental and do not outweigh the primary public benefits. Section 5. Approval and Adoption of the Plans 5.01. The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Columbia Heights Community Development Director. 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Anoka County is requested to certify the original net tax capacity of the District, as described in the Plans, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the EDA is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The EDA is further authorized and directed to file a copy of the Plans with the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. RESOLUTION AUTHORIZING THE APPROVAL OF A GRANT APPLICATION TO THE METROPOLITAN COUNCIL LIVABLE COMMUNITIES TAX BASE REVITILIZATION ACCOUNT. BE IT RESOLVED BY the City Council (Council) for the City of Columbia Heights, Minnesota (City) as follows: WHEREAS that the City is a participant in the Livable Communities Act's Local Housing Incentives Account Program for 2016 as determined by the Metropolitan Council, and is therefore eligible to make an application to apply for funds under the Tax Base Revitalization Account; and WHEREAS that the City has identified a contamination cleanup project within the City that meets the Tax Base Revitalization Account's purposes and criteria and are consistent with and promote the purposes of the Metropolitan 15 City Council Minutes October 24, 2016 Page 13 of 16 Livable Communities Act and the policies of the Metropolitan Council's adopted metropolitan development guide; and WHEREAS that the City has the institutional, managerial and financial capability to ensure adequate project and grant administration; and WHEREAS that the City certifies that it will comply with all applicable laws and regulations as stated in the contract grant agreement; and WHEREAS that the City finds that the required contamination cleanup will not occur through private or other public investment within the reasonably foreseeable future without Tax Base Revitalization Account grant funding; and WHEREAS that the City represents that it has undertaken reasonable and good faith efforts to procure funding for the activities for which Livable Communities Act Tax Base Revitalization Account funding is sought but was not able to find or secure from other sources funding that is necessary for cleanup completion and states that this representation is based on the following reasons and supporting facts: Due to the extent of asbestos, lead, petroleum, diesel range organics (DRO), tetrachloroethane, t rich loroethylene, and other volatile organic compounds (VOC) of the contamination cleanup project, redevelopment of the property is highly unlikely to occur in the foreseeable future without financial assistance; and • The asbestos abatement of the contamination cleanup project does not qualify for Contamination Cleanup Grant Programs through the Minnesota Department of Employment and Economic Development, NOW, THEREFORE BE IT RESOLVED that the Council authorizes the City Manager to submit an application for Metropolitan Council Tax Base Revitalization Account grant funds and, if the City is awarded a Tax Base Revitalization Account grant project for this project, the City will be the grantee and agrees to act as legal sponsor to administer and be responsible for grant funds expended for the project contained in the Tax Base Revitalization grant application submitted on November 1, 2016. 2016 -99 A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, the Metropolitan Council (Met Council) has been the regional policy - making body, planning agency, and provider of essential services for the seven - county Twin Cities region for nearly 50 years, and; Whereas, a 17- member board appointed by the Governor guides the strategic growth of the metro area, adhering to the council's mission of fostering efficient growth for a prosperous region, and; Whereas, in an effort to establish uniform regional governance of housing, transportation, and utility infrastructure, the Metropolitan Council requires each unit of local government within its jurisdiction to maintain a Comprehensive Plan, and; Whereas, Comprehensive Plans must be updated and reapproved by the Metropolitan Council every ten years, with the next approval deadline being December 31, 2018, and; Whereas, the City of Columbia Heights is required to adhere to regional Comprehensive Plan standards and requirements. 16 City Council Minutes October 24, 2016 Page 14 of 16 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 hereby supports commencing the 2018 Comprehensive Plan revision process, and appropriates a project budget of no more than $100,000 from the Special Projects Fund 226 to be devoted to the production of the Plan, effective from the date below. 2016 -100 AUTHORIZING INTERNAL LOAN FOR ADVANCE OF PUBLIC REDEVELOPMENT COSTS IN CONNECTION WITH CENTRAL VALU CENTER TAX INCREMENT FINANCING DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA (the "City ") AS FOLLOWS: Section 1. Background. 1.01. Pursuant to Minnesota Statutes, Sections 469.174 to 469.1794, as amended (the "TIF Act ") the Columbia Heights Economic Development Authority (the "Authority ") has established the Central Valu Center Tax Increment Financing District (the "TIF District ") within the Downtown Central Business Redevelopment Project (the "Project "). 1.02. The Authority may incur certain costs related to the TIF District (the "Qualified Costs "), which costs may be financed on a temporary basis from available funds in the City's redevelopment fund, or from other Authority or City funds available for such purposes. 1.03. Under Section 469.178, Subdivision 7 of the TIF Act, the Authority and City are authorized to advance or loan money from any fund from which such advances may be legally made in order to finance expenditures that are eligible to be paid with tax increments under the TIF Act. 1.04. On this date, the Authority has approved a resolution (the "Loan Resolution ") authorizing an internal loan in the amount of $25,000 together with interest at the rate of 4.0% per annum, and setting the terms for reimbursement of Qualified Costs incurred in connection with the TIF District. Section 2. Interfund Loan Authorized. 2.01, The City approves the interfund loan described in the Loan Resolution, and authorizes use of any unencumbered City funds available for such purposes under law as the source of the funds for the loan. 2.02. The City Finance Director is authorized and directed to determine the fund(s) or account(s) from which monies are drawn for the interfund loan, and to credit repayments under the Loan Resolution to the relevant fund(s) or account(s). 2.03. City staff and officials are authorized and directed to execute any collateral documents and take any other actions necessary to carry out the intent of this resolution. Section 3. Effective Date. This resolution is effective upon the date of its approval. 2016 -101 A resolution of the City Council for the City of Columbia Heights, Minnesota, 17 City Council Minutes October 24, 2016 Page 15 of 16 WHEREAS, the City Council has adopted a Seal Coat Program, and WHEREAS, pursuant to Resolution No. 2016 -85 a report has been prepared by the City Engineer with reference to the Program, and the following street(s): • Between Central Avenue and Reservoir Boulevard /Johnson Street from 37th Avenue to 47th Avenue WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost - effective, and Said report is hereby received by the City Council of Columbia Heights on October 24, 2016. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $218,160. 2. A public hearing shall be held on such proposed improvement on the 5th day of December, 2016, in the City Council Chambers at 590 40th Avenue N.E. at 7:00 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. 2016 -102 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the Minnesota State Legislature has appropriated $2,000,000 in general obligation bond funds for grants to municipalities to reduce inflow and infiltration (1 /1) in their public system infrastructure, administered by Metropolitan Council Environmental Services (MCES); and WHEREAS, application to participate in the MCES 1/1 Municipal Grant Program was made on September 2014 for reimbursement of a percentage of the construction costs of 320,000, Sanitary Sewer Rehabilitation Projects 1404 and 1504; and WHEREAS, the City of Columbia Heights was notified by MCES of approval to participate in the Grant Program and of an estimated final reimbursement amount of $25,000, updated May 12, 2016; and WHEREAS, a Grant Agreement between Metropolitan Council Environmental Services and the City of Columbia Heights has been drafted by MCES. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1.The City Council hereby approves application for MCES Bond Fund Municipal 1/1 Grant Program. 23he City Council hereby approves the Grant Agreement between MCES and the City ofColumbia Heights, and furthermore authorizes the City Engineer to act as the designated representative 2016 -103 A resolution of the City Council for the City of Columbia Heights, Minnesota, appropriating a project budget in Redevelopment Fund 420 for the costs to hold 820 40th Avenue NE until sold. 18 City Council Minutes October 24, 2016 Page 16 of 16 Whereas, in response to a 2014 referendum of the eligible voters of the City of Columbia Heights, the City of Columbia Heights contracted for the construction of a new library facility at 3939 Central Avenue Northeast; and Whereas, in 2016, library operations were moved to the new facility; and Whereas, in 2016, the City of Columbia Heights and the Columbia Heights Economic Development Authority endeavor to sell the former library facility, located at 820 40th Avenue Northeast, to both generate available resources and to promote redevelopment; and Whereas, the City Council for the City of Columbia Heights established Redevelopment Fund 420 by resolution 2002 -72 to be used for redevelopment costs; and Whereas, there are certain costs required to keep 820 40th Avenue Northeast secure and marketable until sold, including insurance, utilities, and routine maintenance; and Whereas, these costs were approximately $30,000 per year when the building was occupied; Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: C �7 IT IS HEREBY RESOLVED, that a project budget in Redevelopment Fund 420 for the costs to hold 820 40th Avenue NE until sold is appropriated in the amount of $30,000. 2016 -104 A Resolution of the City Council for the City of Columbia Heights, Minnesota, Amending Schedule I of Resolution 2015- 39, Part Time Temporary Library Wage Rate Whereas, on May 11, 2015, the City Council approved Resolution 2015 -39 establishing wages for part time temporary library and other positions; and Whereas, the City has been trying to fill vacant part time temporary Library Page positions and has not received adequate applications for the positions; and Whereas, due to this lack of applicants the City studied the compensation ranges for temporary Library Page, Library Aide, and Library Supervisor positions with other metro area libraries and found a wage discrepancy between the Columbia Heights library wages and other metro area library wages for comparable positions; and Whereas, the lack of staffing is causing the Columbia Heights Library Director to schedule existing staff for more hours than they were hired for and run short staffed on many shifts. Now therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT IS HEREBY RESOLVED, that Schedule I of Resolution 2015 -39 is hereby amended to establish the wage ranges for the Part Time Temporary Library Employees as attached in Exhibit A effective November 1, 2016. 19 MINUTES OF The meeting was called to order at 7:00 pm by Chair Szurek. Commission Members present- Buesgens, Schill, Hoium, and Szurek Member Absent: Fiorendino Also present were Elizabeth Holmbeck (Planner), Keith Dahl (Economic Development Manager), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Buesgens, seconded by Hoium, to approve the minutes from the meeting of Sept 6th, 2016. All ayes. MOTION PASSED. CASE NUMBER: 2016 -1001 APPLICANT: Hy -Vee, Inc. DEVELOPMENT: Central Valu Center LOCATION: 4300 Central Avenue NE, Columbia Heights, MN 55421 REQUEST: Approval of the Conformity of the Tax Increment Financing Plan to the Comprehensive Plan and Adoption of Resolution 2016 -PZ05 Dahl explained to members that Hy -Vee has requested public financial assistance from the Columbia Heights Economic Development Authority (EDA) for the redevelopment of the property located at 4300 Central Avenue NE (Subject Property). In Columbia Heights, the EDA is the authority authorized to exercise Tax Increment Financing (TIF) powers, however the EDA may not exercise any TIF powers without prior approval from the City Council. The City Council has scheduled a public hearing to approve the modification and establishment of the proposed TIF district for October 24, 2016 at approximately 7:00 PM. Before or at the time of approval of a TIF district, the City Council shall make certain findings pursuant to Minnesota State Statue 469.175. One specific finding that is required before City Council approval is that the Planning and Zoning Commission review and determine if the TIF plan conforms to the general plan for development or redevelopment of the City as a whole. Thus, the Planning and Zoning Commission will need to approve a resolution that ensures the proposed TIF plan conforms to the Comprehensive Plan for the City. Dahl summarized the Plan with the members. Dahl explained that originally Hy -Vee wanted to redevelop the entire building but couldn't come to terms with the existing tenants in the north end of the building, so they had to modify their plan to do a renovation of the current building which is more expensive. Once they started the renovation process they found contamination behind the walls and under the floors of the retail space. They must now dig down into the soils under the building and remove the contamination. This is why they are now asking for financial assistance as this will increase their cost to redevelop this site. If they could have razed the entire building, they wouldn't have asked for any financial assistance. Dahl told members that staff is working on grant applications to assist them with some of the clean -up costs, and Hy -Vee is also applying for additional financial assistance options to help with the additional costs. 20 P & Z Minutes Page 2 Oct. 4, 2016 ZONING ORDINANCE The Subject Property is located in the General Business Commercial Zoning District (GB) along Central Avenue. The 10.14 Acre site is adjacent, on the north and south side, to Limited Business Zoning Districts (LB), One and Two - Family Residential Zoning Districts (R -2A), and Built as Duplexes Residential Zoning Districts (R -213). However, the property to the west is zoned as Public and Open Spaces (PO) and the properties to the east, across Central Avenue, are designated as GB. COMPREHENSIVE PLAN Currently, the existing use along Central Avenue between 43rd and 45th Avenue NE is home to auto - oriented, big box stores with large front loaded parking lots. Given the frequent transit services along Central Avenue, the Comprehensive Plan guides the Subject Property for transit - oriented, mixed -use development that accommodates a front loaded building along Central Avenue with off - street parking located behind. The development should also provide an enhanced pedestrian environment that incorporates landscaping and facade features in an effort to increase pedestrian activity. The Comprehensive Plan also discusses the opportunity for the City to pursue funding for redevelopment, such as grants and evaluation of financial tools, such as Tax Increment Financing or Tax Abatement to attract redevelopment specific to the desired needs of the community. The modification and establishment of the proposed TIF plan will result in the renovation of an underutilized commercial retail center and the attraction of a new grocery store, Hy -Vee. Hy -Vee's Site Plans were previously approved by the Planning and Zoning Commission on September 6, 2016. The approved Site Plans propose that development will incorporate vegetation (canopy trees, understory plants, and evergreens) throughout the property in a concentrated effort to create an aesthetically pleasing environment for pedestrian activity to increase. The typical distance for a pedestrian to choose to walk rather than.drive is in the range of a quarter mile. Within the quarter mile radius around the Subject Property, there is approximately 1000 residential housing units zoned as R -2A and R -213. If you take the average household size in Columbia Heights, which is roughly 3.15, and multiply it by the number of residential housing units within the quarter mile radius, you find 3,150 residents have the potential to increase the pedestrian activity in the surrounding area. In conclusion, granted that the approved Site Plans for Hy -Vee are not consistent with the transit- oriented, mixed -use development the Comprehensive Plan guides for, the proposed TIF plan will generate roughly 450 jobs within the community. That is 77% of the expected jobs Columbia Heights is supposed to accommodate for between 2000 and 2030. For these reasons and more, the proposed Central Valu Center TIF District is consistent with the Comprehensive Plan for Columbia Heights. DESIGN GUIDELINES The request and approval for the Planning and Zoning Commission to review and determine the proposed TIF district is in compliance with the City's Comprehensive Plan isn't subject to Design Guidelines. SITE PLAN The request and approval for the Planning and Zoning Commission to review and determine the proposed TIF district is in compliance with the City's Comprehensive Plan isn't subject to a Site Plan. FINDINGS OF FACT The request and approval for the Planning and Zoning Commission to review and determine the proposed TIF district is in compliance with the City's Comprehensive Plan isn't subject to Findings of Fact. 21 P & Z Minutes Page 3 October 4, 2016 uestions /Comments from members: Buesgens asked if there was contamination under the parking lot also. Dahl said he is not sure about this, but wouldn't be surprised . Hy -Vee will take care of the testing necessary to determine this. She then asked about the asbestos found behind the existing wall coverings. Buesgens wondered if they would have to renovate the current tenant spaces also. Dahl explained that they are not opening up or exposing any of the asbestos in those spaces, so no remediation would be needed in those tenant spaces. Hoium stated that anyone that would develop this property would have to deal with the contamination issues, so it must be taken care of at some point. Schill asked who currently owns the building. Holmbeck stated that Brixmoor is still the owner of record but Hy -Vee is under contract to purchase the property. They are under a time frame to close on the sale and need to get all the financial details in place in order to close. Szurek asked what time frames were left on the leases of the current tenants. Dahl said Frattalone's Hardware is under 10 years, Memeke has approximately 2 years left, and the Dollar Tree has approximately 6 or 7 years left. Questions from the Public: No one had any further questions. Motion by Hoium, seconded by Buesgens, to adopt Resolution 2016 -PZ05, a resolution by the Columbia Heights Planning and Zoning Commission Finding that a Modification to the Downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment Project and the Plans for Establishment of the Central Valu Center TIF District conform to the General Plans for the Development and the Redevelopment of the City of Columbia Heights. All Ayes. MOTION PASSED. RESOLUTION NO. 2016 -PZ05 RESOLUTION OF COLUMBIA COMMISSION A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE DOWNTOWN CENTRAL BUSINESS REDEVELOPMENT PR! 1 A TAX INCREMENT FINANCING PLAN FOR THE CENTRAL VALU CENTER TAX INCREMENT FINANCING DISTRICT CONFORM TO THE GENERAL PLANS • R THE DEVELOP D, REDEVELOPMENT OF 22 P & Z Minutes Page 4 October 4, 2016 WHEREAS, the Columbia Heights Economic Development Authority (the "EDA ") and the City of Columbia Heights (the "City ") have proposed to adopt a Modification to the Redevelopment Plan for the Downtown Central Business Redevelopment Project and a Tax Increment Financing Plan for the Central Value Center Tax Increment Financing District therein (together, the "Plans ") and have submitted the Plans to the City Planning Commission (the "Commission ") pursuant to Minnesota Statutes, Section 469.175, Subd. 3, and WHEREAS, the Commission has reviewed the Plans to determine their conformity with the general plans for the development and redevelopment of the City as described in the comprehensive plan for the City. NOW, THEREFORE, BE IT RESOLVED by the Commission that the Plans conform to the general plans for the development and redevelopment of the City as a whole. Dated: October 4, 2016 Chair ATTEST: Secretary Holmbeck told members that staff has received an application for the November meeting which is currently being reviewed. She reminded members that the meeting would be held on November I'`, The meeting was adjourned at 7:20 pm. Respectfully submitted, Shelley Hanson Secretary 23 ECONOMIC DEVELOPMENT D; MINUTES OF THE SPECIAL MEETING OF OCTOBER I ,6 The meeting was called to order at 6:00 pm by Chair Gary Peterson Members Present: Donna Schmitt, John Murzyn, Marlaine Szurek„ Bruce Nawrocki, Gerry Herringer, Bobby Williams, and Gary Peterson. Staff Present: Walt Fehst, Joseph Hogeboom, Keith Dahl, and Shelley Hanson. Also present: Martha Ingram (Legal Counsel) and Jason Aarsvold (Ehlers) PLEDGE OF ALLEGIANCE - RECITED CONSENT ITEMS 1. Approve the Minutes from October 3, 2016— 2. Approve the Financial Report and Payment of Bills for September 2016 on Resolution 2016 -28. Questions by Members: Nawrocki wondered why the Financial Reports didn't indicate the amounts allocated for wages. Hogeboom said he would check with the Finance Director and get back to Mr. Nawrocki with the information. Motion by Williams, seconded bySchmitt, to waive the reading of Resolution 2016 -28 there being an ample amount of copies available to the public. All ayes. MOTION PASSED. Motion by Williams, seconded by Schmitt, to approve the Minutes and Financial Report and Payment of Bills for September as presented. All ayes. MOTION PASSED. RESOLUTION NO. 2016 -28 A Resolution of the Economic Development Authority of Columbia Heights, Minnesota, Approving the Financial Statements for Month of September, 2016 and the Payment of the Bills for the Month of September 2016. 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 statements for the month of September, 2016 has been reviewed by the EDA Commission; and 24 EDA Minutes Page 2 October 24, 2016 WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. Passed this 24th day of October, 2016. Motion by: Williams Seconded by: Schmitt BUSINESS ITEM 1. Establishment of the Central Valu Center TIF District — Resolution 2016 -29, Resolution 2016 -30, and Resolution 2016 -31. Dahl explained that Hy -Vee, Inc. (Hy -Vee) has an option agreement with Brixmor to acquire the Central Valu Center located on a 10.14 acre site at 4300 Central Avenue NE (Subject Property). Built in 1962; the Central Valu Center is a 140,281 square foot shopping center that is predominantly vacant. Roughly, less than one third of the shopping center is occupied by tenants, which include Ace Hardware, Dollar Tree, and Meineke Automotive. Hy -Vee originally desired to buy -out all the tenants' lease agreements in an effort to acquire the entire property for redevelopment; however, after unsuccessful negotiations to relocate the tenants, Hy -Vee determined the only possible development option was to renovate the structurally substandard building. The proposed renovation approved by the Planning & Zoning Commission (P &Z) on September 6, 2016 aligns the structure with the same design palette and style ah•eady constructed at other Hy -Vee grocery stores across the metropolitan region. In addition to an increased total project cost associated with renovations, Hy -Vee has uncovered extensive contamination and hazardous materials throughout the interior of the structure and in the soil underneath the structure on the Subject Property. The purpose of conducting 25 EDA Minutes Page 3 October 24, 2016 environmental investigations is to meet property demolition guidelines as set forth by the Minnesota Pollution Control Agency (MPCA) and the Minnesota Department of Health (MDH). Specifically, the environmental investigation identified and quantified hazardous materials, which require proper removal and abatement prior to any demolition for renovation. The environmental investigation identified the following contaminants: asbestos, lead, petroleum, diesel range organics (DRO), tetrachloroethane, trichloroethylene, and other volatile organic compounds (VOC). The estimated cost for abatement and contamination clean -up of the pollutants on the Subject Property is $1.98 million, which strains the financial feasibility for Hy- Vee to locate within Columbia Heights without any public financial assistance. Thus, Hy -Vee has requested Tax Increment Financing (TIF) assistance from the Columbia Heights Economic Development Authority (EDA) to offset a portion of the unexpected costs associated with the renovations of the Subject Property. TIF is a public financial assistance method used by many cities, which uses a portion of the future tax revenue from a specific area to promote development through subsidizing qualified development costs incurred from redevelopment within that specific area. When a TIF district is created, the current value of all the taxable property within the district is frozen at the current base value. Over the life span of the TIF district, the County, City and School District collect taxes from the frozen base value. Meanwhile, the development in the TIF district increases the value of the property within the district. The tax collected from the increase in property value is the "tax increment" revenue that reimburses the qualified development costs from redevelopment. Upon receiving the request from Hy -Vee for TIF assistance, City Staff and Ehlers, the FDA's financial consultant, conducted analyses to determine the true extent to which TIF assistance from the EDA would be necessary to make the project financially feasible. At that time, City Staff authorized LHB Architects to formally conduct an analysis of the Subject Property to determine if the Central Valu Center TIF District meets the statutory requirements for a Redevelopment TIF District. The work conducted by LHB Architects was financed entirely by Hy -Vee. The fmdings of the report and qualifications were included in the TIF Plan in the agenda packet. Originally, Hy -Vee requested TIF assistance in the amount of $1.74 million over the course of a 26 year period. Under the TIF Act, the duration of a Redevelopment TIF District cannot exceed a total of 26 years of tax increment. Neither City Staff nor Ehlers determined that a 26 year TIF district period would be necessary for Hy -Vee's project to become financially feasible or in the best interest of the City. Based on the analyses conducted, City Staff and Ehlers agree that TIF assistance in the amount of $1,100,000 generated over a 10 year period is substantially sufficient for Hy -Vee's project. In conjunction with TIF assistance from the EDA, City Staff have also been working with Hy -Vee on applying for contamination cleanup grants offered through the Minnesota Department of Employment and Economic Development (DEED) and the Metropolitan Council (Met Council). 26 EDA Minutes Page 4 Oct. 24, 2016 DEED and Met Council have various contamination clean -up grants that offer funding for the redevelopment of polluted and underproductive sites. To be eligible for many of these grants, a site must reduce the potential threat to the public's health, create employment opportunities, and increase the tax base of a municipality. The deadline for these grants is November 1, 2016. City Staff and Hy -Vee will submit grant applications requesting a total amount of $1.98 million for the abatement and contamination clean -up of the Subject Property. City Staff anticipates funding from grants will be awarded in January 2017, however it is unknown the actual amount that will be awarded to the Subject Property or if an award will be given at all. City Staff is confident that TIF assistance in the amount of $1,100,000 generated over a 10 year period plus the potential funds from grants will generate the estimated $1.98 million from the costs associated with the unexpected abatement and contamination cleanup on the Subject Property. Since the EDA and Council previously established a redevelopment project designated as the Downtown Central Business District (CBD) revitalization plan, a modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project and establishment of the Central Valu Center TIF District needs to be approved by the EDA and the Council. The proposed TIF Plan would provide reimbursement to Hy -Vee in the form of "pay -as- you -go" for a portion of the project. The term "pay -as- you -go" refers to Hy -Vee paying for the costs of the project up- front with the promise from the City to reimburse the qualified development costs during the term of the TIF district. The EDA is the authority authorized to exercise TIF powers, however the EDA may not exercise any TIF powers without the prior approval of the City Council (Council). The Council has scheduled a public hearing to approve the proposed TIF Plan for the modification and establishment of the proposed TIF district on October 24, 2016 at approximately 7:00 PM. Also, before or at the time of approval of a TIF district, the Council shall make certain findings pursuant to Minnesota State Statue 469.175. One specific finding requires that P &Z determines the proposed TIF District conforms to the general plans for the development and redevelopment of the City. On October 4, 2016, the P &Z adopted Resolution 2016 -PZ05, a resolution confirming that the Central Valu Center TIF District conforms to the general plans for the development and the redevelopment of the City. For the consideration of the EDA tonight, is the approval of four individual items as follows: the modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project, the establishment of the Central Valu Center TIF District, the Contract for Private Redevelopment by and between the EDA and Hy -Vee, and an inter -fund loan for administrative reimbursement. Dahl told members that these documents were all included in the agenda packets. There are three separate resolutions for approval subject to Council's approval of the proposed TIF Plan, Resolution 2016 -29 is a resolution approving the modification to the Downtown Central Business District Revitalization Plan for the Central Business District Redevelopment Project and the Establishment of the Hy -Vee Tax Increment Financing District. 27 EDA Minutes Page 5 Oct 24, 2016 Resolution 2016 -30 is a resolution approving the contract by and between Hy -Vee and the EDA. Resolution 2016 -31 is a resolution for an inter -fund loan for administrative reimbursement. Staff recommends adopting all resolutions as followed: Resolution 2016 -29, Resolution 2016 -30, and Resolution 2016 -31. Ingram and Aarsvold were present to answer questions. Questions /comments from members: Nawrocki asked why there is so much concern after all these years. Dahl told him that requirements regarding contamination and pollution have changed over the years and the concern is not the parking lot area since they are not removing that, but will instead do an overlay. The contamination that must be dealt with is under the subfloor of the building itself. The floor has to be removed along with some of the soils, and then a vapor barrier must be placed down before a new floor can be poured prior to the other remodeling. Nawrocki then asked why there is language in the document that says we would be acquiring the property. Aarsvold stated it is standard language of the general planning document and says "may be" acquired which allows for flexibility for various situations. It is not the intent of this agreement to acquire the property. Ingram noted that on page 2 -2 sub section 2 -5 in the last sentence it states "The EDA does not currently intend to acquire the parcel comprising the District." Aarsvold then reviewed the impact on the tax base and how it affects residential and business properties, as well as the school district. Taxes would continue to be received according to the current value and base. The increase in taxes realized from the renovation of the property would be used to re -pay Hy -vee for their initial investment to do the environmental clean -up necessary to redevelop the site. Nawrocki asked how much will be paid back to them. Aarsvold told him the documents have been prepared to maximize the TIF funds at 1.1 million dollars, and using a 2% inflation factor, it is estimated to have a 10 year payback. Williams asked why Hy -vee can't negotiate a Lower price with Brixmor to compensate for the necessary clean -up costs. Phil Hoey, a representative from Hy -vee explained that the valuation of the property was established using the income basis as a strip mall with tenants generating rent. If it remained as is, and they continued to rent out space in the mall, remediation would not be needed. Williams then asked what would happened if the City didn't approve a TIF District. Hoey said Brixmor would continue to operate with the current tenants and try to sell to someone else who wouldn't necessarily remodel. 28 EDA Minutes Page 6 October 24, 2016 Williams asked how the grants would affect the need for TIF funding. Dahl stated it will take a combination of TIF funds and grant funds to fully fund the estimated clean -up costs of 1.98 million. Hy -Vee has applied to the Met Council for an asbestos abatement grant in the full amount, but realize they will probably only get a portion of it. If they don't get enough in grant funds they will move forward with only the 1.1 million in TIF funds and apply again in mid -May for additional grant monies. There was a discussion about 7.5 million in TIF funds that is referenced in the Overview Report prepared by Ehlers. Dahl explained that figure is part of the planning document and shows a larger amount if the District was intact for the maximum allowed time of 26 years. Ingram reviewed the specific terms detailed in the Private Development Contract. On page 7 it states that the maximum amount they will receive is 1.1 million, not the larger amount and that the District will be in effect for approximately 10 years. Hy -Vee must prove their expenditures for clean -up and if less is needed, then the maximum amount they receive will be less also. If less funding is needed, the District could be de- certified earlier than the 10 year timeframe we have established. Peterson asked if the TIF District is approved what the next step is. Ingram stated that the approval of the attached Resolutions will authorize the City Manager to execute the required documents. Any updates will be brought to the City Council, but no further formal action would be needed. Nawrocki asked again to make sure that no City dollars were going into this project. Ingram told him no City funds would be used to clean -up the site. Hy -Vee will expend the funds necessary to do this and then the Tax Increment payments will reimburse them for those expenses after the fact. Nawrocki asked what would happen if Hy -Vee went out of business or left that site. He was told the TIF payments would terminate, the District would be de- certified, and the tax dollars generated would then go to the taxing districts as they normally would. Hoey told members that Hy -Vee cannot mortgage their properties to obtain financing. They can borrow money through a business loan, but not a mortgage. He told the commission members that they have the funds to cover these expenses up front so the clean -up will happen, but setting up the TIF District will help them recover the additional, unexpected costs associated with redeveloping this property. Schmitt questioned the interest rate in the Agreement. Ingram explained the interest and Administration costs allowed by law. Dahl told members that Hy -Vee has also made a $10,000 payment to the City to cover the fees to set up the TIF District. Herringer asked when this District would be de- certified. Ingram told him that it will be de- certified 10 years after the first increment is realized. The contract calls for renovations to be done by July 2019, so it should be de- certified by 2029 at the latest. 29 EDA Minutes Page 7 October 24, 2016 Opened for Public Questions Carolyn Laine asked where the contamination carne from. She understands that asbestos was commonly used in building products back in the 1960's when the mall was constructed, but wondered about the other chemicals. She was told that the chemicals found are typically those used by a dry cleaning operation and there is reason to believe that one existed as part of Shopper's City back in the 1960's and 1970's. Plus the original store was destroyed by fire in 1965 which contributed to the chemical residue on the site. Phil Hoey again explained to members that the whole floor must come out and some soils removed before a vapor barrier can be placed prior to a new floor being replaced. If the store were not being remodeled or improved, this would not be necessary. But if not remodeled or redeveloped then the value would not increase substantially and neither would the tax base for the site. A resident in attendance said it will have to be dealt with at some point, so it might as well be now. Motion by Williams, seconded by Schmitt, to waive the reading of Resolution 2016 -29, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Williams, seconded by Schmitt, to adopt Resolution 2016 -29, a resolution authorizing a modification to the Downtown Central Business District Revitalization Plan for the Central Business District Redevelopment Project, the Establishment of the Hy- Vee Tax Increment Financing District and the adoption of a Tax Increment Financing Plan Therefor. All ayes. MOTIONPASSED. Motion by Williams, seconded by Schmitt, to waive the reading of Resolution 2016 -30, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Williams, seconded by Schmitt, to adopt Resolution 2016 -30, a resolution awarding the sale of, and providing the, /67-777, tcrms, covenants and directions for the issuance of its Tax Increment Revenue Note, Series 20_ to Hy -Vee, Inc. All ayes. MOTIONPASSED. Motion by Williams, seconded by Schmitt., to waive the reading of Resolution 2016 -31, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Williams, seconded by Schmitt, to adopt Resolution 2016 -31, a resolution authorizing an interfund loan for advance of certain costs in connection with the Central Valu Center Tax Increment Financing District. All ayes. MOTIONPASSED. 30 EDA Minutes Page 8 October 24, 2016 COLUMBIA • i DEVELOPMENT AUTHORITT CITY OF • ANOKA COUNTY STATE OF •, RESOLUTION NO. 2016 -29 RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE DOWNTOWN CENTRAL BUSINESS REDEVELOPMENT PROJECT, ESTABLISHING THE HY -VEE TAX INCREMENT FINANCING DISTRICT THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. WHEREAS, the Board of Commissioners (the "Board ") of the Columbia Heights Economic Development Authority (the "EDA ") has proposed to adopt a Modification to the Redevelopment Plan (the "Redevelopment Plan Modification ") for the Downtown Central Business Redevelopment Project (the "Project Area ") and establish the Central Valu Center Tax Increment Financing District (the "District ") and adopt a Tax Increment Financing Plan (the "TIF Plan ") therefor (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Plans "), all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 to 469.1082, and Sections 469.174 to 469.1794, inclusive, as amended (the "Act "), all as reflected in the Plans and presented for the Board's consideration; and WHEREAS, the EDA has investigated the facts relating to the Plans and has caused the Plans to be prepared; and WHEREAS, the EDA has performed all actions required by law to be performed prior to the adoption of the Plans; and WHEREAS, the EDA has requested the City Planning Commission to provide for review of and written comment on the Plans at a meeting scheduled for October 4, 2016; and WHEREAS, the City Council of the City will hold a public hearing on the Plans on October 24, 2016. NOW, THEREFORE, BE IT RESOLVED by the Board as follows: 1. The EDA hereby finds that the District is in the public interest and is a "redevelopment district" under Minnesota Statutes, Section 469.174, Subd. 10, and finds that the adoption of the proposed Plans conform in all respects to the requirements of the Act and will help fulfill a need to redevelop an area of the State of Minnesota which is already built up and that the adoption of the proposed Plans will help provide employment opportunities in the State and will preserve and enhance the tax base of the City and the State, and thereby serves a public purpose. 2. The EDA further finds that the Plans will afford maximum opportunity, consistent with the sound needs for the City as a whole, for the development or redevelopment of the Project Area by private enterprise in that the intent is to provide only that public assistance necessary to make the private developments financially feasible. 31 EDA Minutes Page 9 October 24, 2016 The boundaries of the Project Area are not being expanded. 4. The reasons and facts supporting the findings in this resolution are described in the Plans. The EDA elects to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause b, which means the fiscal disparities contribution will be taken from inside the District. 6. Subject to approval of the Plans by the City Council following its public hearing thereon, the Plans, as presented to the EDA on this date, are hereby approved, established and adopted and shall be placed on file in the office of the Executive Director of the EDA. 7. Subject to approval of the Plans by the City Council, the staff, the EDA's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and for this purpose to negotiate, draft, prepare and present to this Board for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Approval of the Plans does not constitute approval of any project or of a Development Agreement with any developer. 8. Subject to approval of the Plans by the City Council, the Executive Director of the EDA is authorized and directed to forward a copy of the Plans to the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. 9. Subject to approval of the Plans by the City Council, the Executive Director of the EDA is authorized and directed to forward a copy of the Plans to the Anoka Auditor and request that the Auditor certify the original tax capacity of the District as described in the Plans, all in accordance with Minnesota Statutes 469.177. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority on October 24, 2016. ATTEST: Secretary President BE IT RESOLVED BY the Board of Commissioners ( "Board ") of the Columbia Heights Economic Development Authority, Columbia Heights, Minnesota (the "Authority ") as follows: 32 EDA Minutes Page 10 October 24, 2016 Section 1. Authorization; Award of Sale. 1.01. Authorization. The Authority and the City of Columbia Heights have heretofore approved the establishment of its Central Valu Center Tax Increment Financing District (the "TIF District ") within the Downtown Central Business Redevelopment Project ( "Project "), and have adopted a tax increment financing plan for the purpose of financing certain improvements within the Project. Pursuant to Minnesota Statutes, Section 469.178, the Authority is authorized to issue and sell its bonds for the purpose of financing a portion of the public development costs of the Project. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The Authority hereby finds and determines that it is in the best interests of the Authority that it issue and sell its Tax Increment Revenue Note, Series 20_ (the "Note ") for the purpose of financing certain eligible redevelopment costs of the Project. 1.02. Approval of Contract; Issuance Sale and Terms of the Note. (a) The Authority on this date has considered a Contract for Private Redevelopment (the "Agreement ") between the Authority and Hy -Vee, Inc. (the "Owner "). The Authority hereby approves the Agreement and authorizes the President and Executive Director of the Authority to execute such Agreement in substantially the form on file with the Authority, subject to modifications that do not alter the substance of the transaction and are approved by such officials, provided that execution of the Agreement by such officials is conclusive evidence of their approval. All capitalized terms in this resolution have the meaning provided in the Agreement unless the context requires otherwise. (b) The Authority hereby authorizes the President and Executive Director to issue the Note in accordance with the terms of the Agreement. (c) The Note shall be issued in the maximum aggregate principal amount of $1,100,000 to Hy -Vee, Inc. (the "Owner ") in consideration of certain eligible Redevelopment Costs incurred by the Owner under the Agreement, shall be dated the date of delivery thereof, and shall bear simple interest at the rate of 5.0 %, fi•om the date of issue per annum to the earlier of maturity or prepayment. The Note will be issued in the principal amount of Redevelopment Costs submitted and approved in accordance with Section 3.3 of the Agreement. The Note is secured by Available Tax Increment, as further described in the form of the Note herein. The Authority hereby delegates to the Executive Director the determination of the date on which the Note is to be delivered, in accordance with the Agreement. 33 EDA Minutes Page 11 October 24, 2016 Section 2. Form of Note. The Note shall be in substantially the following form, with the blanks to be properly filled in and the principal amount adjusted as of the date of issue: No. R -1 (The remainder of this page is intentionally left blank.) UNITED STATE OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY TAX INCREMENT REVENUE NOTE SERIES 20_ Date Rate of Original Issue 5.0% , 20 The Columbia Heights Economic Development Authority (the "Authority ") for value received, certifies that it is indebted and hereby promises to pay to Hy -Vee, Inc. or registered assigns (the "Owner "), the principal sum of $ and to pay interest thereon at the rate of five percent (5.0 %) per annum, solely from the sources and to the extent set forth herein. Capitalized terms shall have the meanings provided in the Contract for Private Redevelopment between the Authority and the Owner, dated as of October 24, 2016 (the "Agreement "), unless the context requires otherwise. 1. Payments. Principal and interest ( "Payments ") shall be paid on August 1 of the first calendar year in which Available Tax Increment has been paid to the Authority by Anoka County, and on each February 1 and August 1 thereafter to and including February 1 of the calendar year ten years following the first Payment ( "Payment Dates ") in the amounts and from the sources set forth in Section 3 herein. Payments shall be applied first to accrued interest, and then to unpaid principal. Simple interest shall accrue from the date of issue through and including the first February 1 Payment Date. 34 EDA Minutes Page 12 October 24, 2016 Payments are payable by mail to the address of the Owner or such other address as the Owner may designate upon thirty (30) days written notice to the Authority. Payments on this Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 2. Interest. Interest at the rate stated herein shall accrue on the unpaid principal, commencing on the date of original issue. Interest shall be computed on the basis of a year of 360 days consisting of 12 months of 30 days, and charged for actual days principal is unpaid. 3. Available Tax Increment. (a) Payments on this Note are payable on each Payment Date solely from and in the amount of Available Tax Increment, which shall mean, on each Payment Date, Ninety percent (90 %) of the Tax Increment attributable to the Minimum Improvements and Redevelopment Property that is paid to the Authority by Anoka County in the six months preceding the Payment Date. (b) The Authority shall have no obligation to pay principal of and interest on this Note on each Payment Date from any source other than Available Tax Increment and the failure of the Authority to pay the entire amount of principal or interest on this Note on any Payment Date shall not constitute a default hereunder as long as the Authority pays principal and interest hereon to the extent of Available Tax Increment. The Authority shall have no obligation to pay any unpaid balance of principal or accrued interest that may remain after the final February 1 Payment. 4. Default. If on any Payment Date there has occurred and is continuing any Event of Default under the Agreement, the Authority may withhold from payments hereunder under all Available Tax Increment. If the Event of Default is thereafter cured in accordance with the Agreement, the Available Tax Increment withheld under this Section shall be deferred and paid, without interest thereon, within thirty (30) days after the Event of Default is cured. If the Event of Default is not cured in a timely manner, the Authority may terminate this Note by written notice to the Owner in accordance with the Agreement. 5. Prepayment. The principal sum and all accrued interest payable under this Note is prepayable in whole or in part at any time by the Authority without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular Payment otherwise required to be made under this Note. 6. Nature of Obligation. This Note is one of an issue in the total principal amount of $ , issued to aid in financing certain redevelopment costs and administrative costs of a Project undertaken by the Authority pursuant to Minnesota Statutes, Sections 469.001 through 469.047, and is issued pursuant to an authorizing resolution (the "Resolution ") duly adopted by 35 EDA Minutes Page 13 October 24, 2016 the Authority on October 24, 2016, and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.179, as amended. This Note is a limited obligation of the Authority which is payable solely from Available Tax Increment pledged to the payment hereof under the Resolution. This Note and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the Authority. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Note or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Note or other costs incident hereto. 7. Registration and Transfer. This Note is issuable only as a fully registered note without coupons. As provided in the Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the books of the Authority kept for that purpose at the principal office of the City Finance Director, by the Owner hereof in person or by such Owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the Authority, duly executed by the Owner. Upon such transfer or exchange and the payment by the Owner of any tax, fee, or governmental charge required to be paid by the Authority with respect to such transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount, bearing interest at the same rate and maturing on the same dates. Except as otherwise provided in Section 3.3(d) of the Agreement, this Note shall not be transferred to any person or entity, unless the Authority has provided written consent to such transfer. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the Authority according to its terms, have been done, do exist, have happened, and have been performed in due form, time and manner as so required. IN WITNESS WHEREOF, the Board of Commissioners of the Columbia Heights Economic Development Authority have caused this Note to be executed with the manual signatures of its President and Executive Director, all as of the Date of Original Issue specified above. Executive Director DEVELOPMENT President 36 EDA Minutes Page 14 October 24, 2016 REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Note is registered in the bond register of the City Finance Director, in the name of the person last listed below. Date of Signature of Registration Registered Owner City Finance Director , 20_ Hy -Vee, Inc. Federal Tax I.D No. 42- 0325638 Section 3. Terms, Execution and Delivery. 3.01. Denomination, Payment. The Note shall be issued as a single typewritten note numbered R -1. The Note shall be issuable only in fully registered form. Principal of and interest on the Note shall be payable by check or draft issued by the Registrar described herein. 3.02. Dates, Interest Payment Dates. Principal of and interest on the Note shall be payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the month preceding the Payment Date, whether or not such day is a business day. 3.03. Registration. The Authority hereby appoints the City Finance Director to perform the functions of registrar, transfer agent and paying agent (the "Registrar "). The effect of registration and the rights and duties of the Authority and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its office a bond register in which the Registrar shall provide for the registration of ownership of the Note and the registration of transfers and exchanges of the Note. (b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not be transferred to any person other than an affiliate, or other related entity, of the Owner unless the Authority has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Date. 37 EDA Minutes Page 15 October 24, 2016 (c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the Authority. (d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (e) Persons Deemed Owners. The Authority and the Registrar may treat the person in whose name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Note and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the Authority upon such Note to the extent of the sum or sums so paid. (f) Taxes, Fees and Charges. For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange. (g) Mutilated, Lost, Stolen or Destroyed Note. In case any Note shall become mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the Authority and the Registrar shall be named as obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the Authority. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Note prior to payment. 3.04. Preparation and Delivery. The Note shall be prepared under the direction of the Executive Director and shall be executed on behalf of the Authority by the signatures of its President and Executive Director. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. When the Note has been so executed, it shall be delivered by the Executive Director to the Owner thereof in accordance with the Agreement. 38 EDA Minutes Page 16 October 24, 2016 Section 4. Security Provisions. 4.01. Pledge. The Authority hereby pledges to the payment of the principal of and interest on the Note all Available Tax Increment as defined in the Note. Available Tax Increment shall be applied to payment of the principal of and interest on the Note in accordance with the terms of the form of Note set forth in Section 2 of this resolution. 4.02. Bond Fund. Until the date the Note is no longer outstanding and no principal thereof or interest thereon (to the extent required to be paid pursuant to this resolution) remains unpaid, the Authority shall maintain a separate and special "Bond Fund" to be used for no purpose other than the payment of the principal of and interest on the Note. The Authority irrevocably agrees to appropriate to the Bond Fund on or before each Payment Date the Available Tax Increment in an amount equal to the Payment then due, or the actual Available Tax Increment, whichever is less. Any Available Tax Increment remaining in the Bond Fund shall be transferred to the Authority's account for the TIF District upon the termination of the Note in accordance with its terms. 4.03. Additional Obligations. The Authority will issue no other obligations secured in whole or in part by Available Tax Increment unless such pledge is on a subordinate basis to the pledge on the Note. Section 5. Certification of Proceedings. 5.01. Certification of Proceedings. The officers of the Authority are hereby authorized and directed to prepare and furnish to the Owner of the Note certified copies of all proceedings and records of the Authority, and such other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representations of the Authority as to the facts recited therein. Section 6. Effective Date. This resolution shall be effective upon approval. Adopted by the Board of Cornmissioners of the Columbia Heights Economic Development Authority this 24th day of October, 2016. President 39 EDA Minutes Page 17 October 24, 2016 BE IT RESOLVED by the Board of Commissioners (the "Board ") of the Columbia Heights Economic Development Authority (the "Authority "), as follows: Section 1. Background. 1.01. The Authority has on this date approved the establishment of the Central Valu Center Tax Increment Financing District (the "TIF District ") within the Downtown Central Business Redevelopment Project (the "Project ") for the purpose of financing certain improvements within the Project, subject to approval of the TIF District and adoption of a Tax Increment Financing Plan (the "TIF Plan ") by the City of Columbia Heights (the "City "), all pursuant to Minnesota Statutes, Sections 469.174 to 469.1794, as amended (the "TIF Act "). 1.02. The Authority has determined that it may be necessary to pay for certain costs identified in the TIF Plan consisting of land/building acquisition, site improvements /preparation, public utilities, other qualifying improvements, interest and administrative costs (collectively, the "Qualified Costs "), which costs may be financed on a temporary basis from City or Authority funds legally available for such purposes. 1.03. Under Section 469.178, Subd. 7 of the TIF Act, the City is authorized to advance or loan money from the City's general fund or any other City fund from which such advances may be legally authorized, and the Authority is authorized to advance or loan money from any fund administered by the Authority from which such advances may be legally authorized, in order to finance the Qualified Costs. 1.04. The Authority intends to reimburse itself for the Qualified Costs from tax increments derived from the TIF District in accordance with the terns of this resolution (which terms are referred to collectively as the "Interfund Loan "). Section 2. Terms of Interfund Loan. 2.01. The Authority hereby authorizes the advance of up to $25,000, or so much thereof as may be paid as Qualified Costs, from the City's Redevelopment Fund or any other fund authorized by the City. The Authority shall reimburse itself for such advances, together with interest at the rate stated below, from tax increments derived from the TIF District. Interest will accrue on the principal amount from the date of each advance. The maximum rate of interest permitted to be charged is limited to the greater of the rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the loan or advance is authorized, unless the written agreement states that the maximum interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 are from time to time adjusted. The interest rate shall be 4% and will not fluctuate. 40 EDA Minutes Page 18 October 24, 2016 2.02. Payments of principal and interest ( "Payments ") on the Interfund Loan shall be paid semi - annually on each August I and February I (each a "Payment Date "), commencing on the first Payment Date on which the Authority has Available Tax Increment (defined below), or on any other dates determined by the Executive Director, through the date of last receipt of tax increment from the TIF District. 2.03. Payments on this Interfund Loan will be made solely from the tax increment from the TIF District received by the Authority from Anoka County in the 6 -month period before any Payment Date, net of the amount paid under any agreement with a private developer or otherwise pledged to the payment of any obligation (the "Available Tax Increment "). Payments on this Interfund Loan may be subordinated to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment, and are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. 2.04. Outstanding principal and all accrued interest payable under this Interfund Loan are pre- payable in whole or in part at any time by the Authority without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. 2.05. This Interfund Loan is evidence of an internal borrowing by the Authority in accordance with Section 469.178, Subd. 7 of the TIF Act, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. This Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the Authority. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Interfund Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Interfund Loan or other costs incident hereto. The Authority shall have no obligation to pay any principal amount of the Interfund Loan, or accrued interest thereon, which may remain unpaid after the final Payment Date. 2.06. The Authority may amend the terms of this Interfund Loan at any time by resolution of the Board, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Section 3. Effective Date. This resolution is effective upon the date of its approval. The motion for the adoption of the foregoing resolution was duly seconded by Commissioner , and upon a vote being taken thereon, the following voted in favor thereof. and the following voted against the same: Dated: October 24, 2016 President ATTEST: Secretary 41 EDA Minutes Page 19 October 24, 2016 Hogeboom told members there would be a short meeting at 6:30 on November 7th to amend the Agreement with ACCAP to extend the closing date deadline. The meeting was adjourned at 6:50 pm. Respectfully submitted, Shelley Hanson Secretary 42 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION MONDAY, OCTOBER 3, 2016 CALL TO ORDER The meeting was called to order by Chairperson Ed Carlson at 5:30 p.m. ROLL CALL Members present: Commissioners Ed Carlson, Brian Clerkin, Kevin Doty, Nick Novitsky and Leonard Olson Staff Present: Kathy Young, Assistant City Engineer Lenny Austin, Police Captain Sue Schmidtbauer, Public Works Secretary Council Liaison: Donna Schmitt APPROVAL OF MINUTES Motion by Doty, seconded by Olson, to approve the minutes of August 1, 2016, as presented. Motion passed unanimously. OLD BUSINESS None OTHER OLD BUSINESS None NEW BUSINESS A. REQUEST FOR NO PARKING Ms. Julie Johnson, Business Administrator for First Lutheran Church, has requested NO PARKING signs be installed on the east side of Tyler Street from the parking lot driveway to 70' north of the driveway, across from the properties of 4044 and 4050 Tyler Street. Because of the school, parents park along the east side of Tyler Street to pick up their children before and after school making it difficult for the property owners to back out of their driveways. Residents and Roger Johnson, First Lutheran Church, 1555 40th Avenue NE others present: Jane Pemberton, 4050 Tyler Street NE Howard Wigand, 4044 Tyler Street NE Julie Johnson, First Lutheran Church, 1555 40th Avenue NE Carlson stated some of the driveways are quite narrow. Doty and Clerkin can see the issue; the way cars are parked does make it hard for residents to get in and out of their driveways. Novitsky stated it looks like there is still ample room to get in and out. Doty asked who cleans the snow along the curb. Mr. Johnson stated the church does the parking lot and the driveway, as well as the full width of the sidewalk. The city does the street. He stated that if a car is parked between the two driveways of 4044 and 4050 Tyler, where there is barely room for a small car, it makes it even more difficult to get in and out. Mr. Wigard provided pictures from earlier this year where Ms. Pemberton was having trouble getting out of her driveway and someone actually parked across the front of his driveway. Stated this occurs on a daily basis. Traffic Commission Minutes — October 3, 2016 Page 2 Olson inquired if this is a collaborative request from the neighbors and the church. Ms. Johnson stated the request is actually from the neighbors but the church initiated the request to the city. She received a phone call from Ms. Pemberton approximately one year ago. At that time Ms. Johnson spoke to the school and asked them to advise parents not to park there, but that didn't work out and it was suggested that they put up a cone. The church did not feel this was sufficient, that a No Parking sign would be best because when cars are parked on both sides of the street, especially in the winter, there's barely room to get through —its's very tight. Ms. Pemberton stated there's no way an emergency vehicle can get down the road in the winter when cars are parked on both sides. She's seen the snow plows having to back up. Young asked if they are concerned that drivers will just start parking further south. Mr. Johnson stated if they park further south of the driveway then they may as well park in the parking lot. Olson asked about parking further north. Ms. Johnson stated the only area they are concerned about is the grassy area directly across from the driveways. Mr. Johnson feels we could designate No Parking all the way to 41St Avenue. Carlson advised the whole side of the street is already No Parking on Sundays and suggested No Parking along the entire block on one side. The church parking lot is not full; parking on the street is just a convenience because the school door is on 41St and Tyler. The teachers park in the parking lot but volunteers and parents tend to park closer so they don't have to walk the kids so far from the parking lot. Some volunteers are there for three hours. On a normal day there are 4 -5 cars parked on the east side and 6 -7 on the west side. Mr. Wigand advised that sometimes there will be a car parked in the very small space between both of their driveways. Novitsky stated he could see a No Parking sign between the driveways more than the other side of the street. Doty is okay with the No Parking but states it won't eliminate people parking on the west side of the street by the driveways. That's the only issue he can see. Clerkin feels people will park wherever no matter what. If they can't park on the east side of the street then they'll park on the west side and possibly partially block the driveways. If No Parking is posted on the east side, then at least No Parking during the School Year should be posted on the other side. Hopefully this will help. But, unless it's enforced, people will park anywhere. Motion by Olson to call a public hearing at the next Traffic Commission meeting to designate NO PARKING on the east side of Tyler Street from the First Lutheran Church parking lot driveway to 70' north of the driveway. Seconded by Doty. Motion passed unanimously. B. REQUEST FOR SAFETY CHANGES ON STINSON BOULEVARD FROM FAIRWAY DRIVE TO INNSBRUCK PARKWAY Ms, Marlene Steinke has requested several changes along Stinson Boulevard and 5th Street where it comes in from New Brighton as well as Fairway Drive to Innsbruck Parkway. The concern is the speed of traffic and distracted /inconsiderate drivers. Residents present: Thomas Steinke, 4832 Stinson Boulevard The visibility is good at all of the intersections discussed in the letter. Traffic stops at all of the cross - streets with Stinson Boulevard. The average daily traffic (ADT) on Fairway Drive is 2,450. ADT on Stinson Boulevard between Fairway Drive and 5th Street NW (New Brighton) is 2,000. 44 Traffic Commission Minutes — October 3, 2016 Page 3 ADT on 5th Street NW east of Stinson Boulevard is 3,300. A lot of traffic comes from Argonne Drive down Stinson Boulevard and then across on 5th Street NW, which is kind of a back way through the city. Mr. Steinke did bring videos of things he's observed. The accident record at Stinson Boulevard and 5th Street NW showed no vehicle accidents in the last five years. A three way stop at Stinson Boulevard and Fairway Drive: Fairway Drive and Stinson Boulevard south of Fairway Drive are Anoka County roads. The City has no jurisdiction at this intersection. A three way stop at 5th Street NW and Stinson Boulevard: The accident information does not meet the guidelines for multi -way stop signs. Crosswalks at the intersection of 5th Street NW and Stinson Boulevard and Stinson Boulevard and Fairway Drive: A crosswalk and speed bump at Stinson Boulevard and North Upland Crest and at Stinson Boulevard and Innsbruck Parkway: Staff does not recommend painted crosswalks unless there are sidewalks to direct the pedestrians to, otherwise pedestrians are just being directed to the street in which they're already walking. Speed humps would not be permitted on Stinson Boulevard because 1) it's a boundary street between Columbia Heights and New Brighton and 2) it's a collector street, not a local street where speeding is an issue, and it's meant to carry a lot of traffic. Narrow medians with wild grasses planted in them would be beautiful, but we are not sure if the road is wide enough: Staff checked the street widths to see if they could support medians. Stinson Boulevard between Fairway Drive and 5th Street NW is 44' wide so a median could potentially be placed there. However, the road narrows to the north, so in lieu of a median staff would recommend painting the parking lanes. This will make the road look narrower to the driver and will also give pedestrians a clear indication of where they can walk along the street. Another item for consideration is bump outs at the intersections. Studies have found that the only effective technique for reducing speed on city streets is to make the street appear narrow to the driver's perception. Installation of curb "bump outs" at the intersection would need to be discussed with our City Council and the City of New Brighton. Keep the lanes to one lane in each direction, no turn lanes as this encourages drivers to run the stop signs and not look each way: The only striped turn lane is for eastbound traffic on 5th Street. It's wide enough for a right turn and a left turn. Staff can suggest this to New Brighton. However, the reality is that drivers make their own turn lanes if the street is wide enough, whether they are painted or not. Adding designated parking spots for the New Brighton Farmers Market /or other events along Stinson Boulevard: Again, we can put in the parking lane stripes, but any designated parking spots would need to be on private property. Mr. Steinke stated most of the Farmers Market vendors park in the seminary parking lot. Another concern of the on street parking is that it limits the visibility of pedestrians crossing the street if they're not crossing at the corners. If they're cutting in between cars then drivers aren't as apt to see them. 45 Traffic Commission Minutes — October 3, 2016 Page 4 Providing a school bus stopping area or sign with a crosswalk close by: This area is considered a walking area for both Highland Elementary and the high school. There is only bus pick up for the middle school. In regard to the other school districts, the bus stop locations often change from year -to -year based on the number of students in the area. Staff has talked to the bus transportation people regarding other intersections in the city and their comment has been that the bus stop locations are not consistently the same every year. Updating signs to warn drivers of a bus stop ahead, pedestrians, children playing and to slow down. A sign warning drivers of cars backing out of driveways (if there ends up being a thr wav stop at Stinson Boulevard and Sth Street NW there are two hnusPS whncP (irivPwavc back into the intersection): Studies have shown that warning signs are not effective in changing driver behavior. Good drivers are already driving slowly and paying attention and may see a warning sign, whereas poor drivers do not look for or always heed warning signs. Staff is recommending talking to our City Council and the City of New Brighton to construct "bump outs" at the intersections at 5th Street NW and Stinson Boulevard. We would need to approach the county if we want to do something similar on Fairway Drive. Mr. Steinke also provided photos that were distributed at the meeting. Discussion focused on the parking situation at the Farmers Market and a school bus drop -off. It was determined that the bus stop drop -off may be a bus company issue, but still remains a tough situation because of the busy intersection. Mr. Steinke thanked both police departments, Columbia Heights and New Brighton, for coming out and increasing their presence. He understands the difficulty because we are dealing with two cities, two counties, and a main thoroughfare. However the speed on the road and the traffic patterns make it very unsafe. Cars drive really fast and there are a lot of pedestrians who use that road for the Farmers Market as well as for biking. Commissioners agreed that being on the border of two counties makes this a difficult thoroughfare. They feel the bus company should be consulted and advised on how to handle a "T" intersection like this because of the hazard, or choose a different stop. Mr. Steinke stated they have contacted the bus companies about their speed. Motion by Olson to deny the request for multi -way stop signs at the intersection of Stinson Boulevard and 51h Street NW. Seconded by Novitsky. Motion passed unanimously. Motion by Olson to direct staff to discuss parking lane striping on Stinson Boulevard and curb "bump outs" at the intersection of Stinson Boulevard and 5th Street NW with the City of New Brighton. Seconded by Clerkin. Motion passed unanimously. A question was raised about drainage issues with the "bump outs ". This would need to be looked at and discussed with the City of New Brighton. Mr. Steinke was advised that he will be contacted when this item is brought back to the Traffic 46 Traffic Commission Minutes — October 3, 2016 Page 5 Commission. Captain Austin advised that they can obtain speed survey information for Stinson Boulevard. They will put the speed trailer out this month and next month and get a report. OTHER NEW BUSINESS None 11w, A. CITY ENGINEER None B. POLICE None C. COMMISSIONERS Olson brought up 53'd and Central Avenue. Young advised they will be taking traffic counts this year so we will be getting updated information. ADJOURNMENT Motion by Olson, seconded by Novitsky, to adjourn the meeting at 6:13 p.m. Motion passed unanimously. Respectfully submitted, Sue Schmidtbauer Public Works Secretary 47 -UNAPPROVED - OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION MONDAY, NOVEMBER 7, 2016 CALL TO ORDER The meeting was called to order by Chairperson Ed Carlson at 5:30 p.m. ROLL CALL Members present: Commissioners Ed Carlson, Brian Clerkin (arrived late), Kevin Doty, and Leonard Olson Staff Present: Kathy Young, Assistant City Engineer Lenny Austin, Police Captain Sue Schmidtbauer, Public Works Secretary Council Liaison: Donna Schmitt APPROVAL OF MINUTES Motion by Carlson, seconded by Olson, to approve the minutes of October 3, 2016, as presented. Motion passed unanimously. PUBLIC HEARING TO DESIGNATE "NO PARKING" ON THE EAST SIDE OF TYLER STREET FROM THE DRIVEWAY TO 70' NORTH Residents and others present: Julie Johnson, First Lutheran Church Jane Pemberton, 4050 Tyler Street Howard Wigand, 4044 Tyler Street At the October meeting, the Traffic Commission called for a public hearing to designate "No Parking" on the east side of Tyler Street from the parking lot driveway to 70' north of the driveway. At the October meeting, representatives of First Lutheran Church and the neighbors across from the proposed "No Parking" location discussed their concerns with parked cars on Tyler Street making it difficult for adjacent residents to back out of their driveways. Ms. Julie Johnson stated two neighbors live directly across from First Lutheran Church on Tyler Street and they have had difficulty over the last couple of years getting out of their driveways. As the school has grown, the number of volunteers and teachers has also increased and they are sometimes parking on both sides of Tyler Street. This makes it tight and tricky for Jane and Howard to get out of their driveways. She would like no parking designated at the grassy area directly across from their driveways, but feels it would be beneficial to continue having parking to the north. Olson inquired about the neighbors to the north of First Lutheran Church. Ms. Johnson informed him that their driveways open onto 41St Avenue. Doty asked if the grades will be expanded from K -3 to K -8 or K -12. Ms. Johnson stated the school cannot expand any further at First Lutheran. They may have a split with two campuses or they may be moving out, but nothing has been determined to date. Motion by Olson to recommend the City Council designate "No Parking Anytime" on the east side of Tyler Street from the First Lutheran Church parking lot driveway to 70' north of the driveway. Seconded by Doty. Motion passed unanimously. 48 Traffic Commission Minutes — November 7, 2016 Page 2 Carlson informed those present that this will go to council on Monday, November 14th. Ms. Johnson asked if approved, how long it will be for the signs to be put up. Young stated she will work with the Sign Department this week. It depends on if the signs are in stock or need to be ordered and on the weather. The plan is to get them up as soon as possible. OLD BUSINESS None OTHER OLD BUSINESS None NEW BUSINESS None OTHER NEW BUSINESS This item came in late but there was enough time to gather the information and put it on the agenda. A. REQUEST FOR SAFETY CHANGES ON RESERVOIR BOULEVARD FROM 37Th AVENUE TO 40Th AVENUE Carrie and Joshua Gille have requested several changes along Reservoir Boulevard from 37th Avenue to 40th Avenue and 40th Avenue at Tyler Street. The concern is the speed of traffic and drivers not complying with posted stop signs. Each of the suggestions listed in the letter will be addressed below: - Provide residents with yard signs to be placed on the boulevards in front of their homes. Public Works will discuss this idea with the Police and Community Development departments. -Put up additional speed limit signs along Reservoir Boulevard. -Put up "SLOW" traffic signs along Reservoir Boulevard. Studies have shown that these types of street signs are not effective in changing driver behavior. -Paint reflective pedestrian crosswalks at the intersections of Reservoir Boulevard and its side streets. The intersection at 39th Avenue is offset on each side of Reservoir Boulevard. The intersections at Peters Place and Gould Avenue are "T" intersections. Pedestrian crossings at these locations would be similar to "midblock" crossings which are unsafe. -Put up "Pedestrian Crossing" signs at the busiest intersections along Reservoir, particularly at 40th Avenue NE and Reservoir Boulevard. The intersection at 40th Avenue and Reservoir Boulevard is Anoka County State Aid Highway 2. Public Works will discuss the addition of crosswalk markings and signage at Reservoir Boulevard and 40th Avenue with Anoka County. There is quite a bit of traffic at this intersection. -Put up flashing stop signs at 40th Ave NE and Reservoir Boulevard, as well as 40th Avenue NE and Tyler Street NE. 49 Traffic Commission Minutes — November 7, 2016 Page 3 The intersection at 40th Avenue and Reservoir Boulevard is Anoka County State Aid Highway 2. To date, Anoka County does not install flashing stop signs. A question was raised whether this is also a Minneapolis street. Minneapolis owns the right -of -way but traffic control is managed by either Anoka County or Columbia Heights. Minneapolis is only concerned about their water mains. Captain Austin provided accident information but was unable to locate any recent speed data for that section. Stated most of the speed complaints are between 44th and 41St Avenues. He currently has the speed trailer out to gather data for the next meeting. There is a lot of traffic on the road in the mornings. Motion by Olson to direct staff to request the addition of crosswalk markings and signage at Reservoir Boulevard and 40th Avenue. Seconded by Clerkin. Motion passed unanimously. REPORTS A. CITY ENGINEER None B. POLICE Captain Austin presented the speed data for Stinson Boulevard between 45th Avenue and Fairway Drive. The average speed was 30.86 mph. He also contacted the City of New Brighton for accident data at 5th Street and Stinson Boulevard. There have been five accidents in the last five years. The bus company has not gotten back to him to date. However, they were going to contact their safety person to possibly move the bus stop to actually pull out onto Stinson Boulevard rather than stopping on 5th Street. Captain Austin will follow up. C. COMMISSIONERS Olson questioned putting a crosswalk marking on Mill Street to the main entrance of City Hall like the one by Medtronic. Young stated a pedestrian study was done several years ago for Mill Street and showed that people cross everywhere. Carlson asked if any changes have been made to the handicap parking spots at Murzyn Hall. Young stated they added one additional spot near the east door and two more in the parking lot. One was not added to the west door because it's not considered a handicap accessible entrance due to the steps. Doty stated he will email Kathy a picture of the seasonal duck crossing sign in St. Anthony. ADJOURNMENT Motion by Olson, seconded by Doty, to adjourn the meeting at 5:53 p.m. Motion passed unanimously. Respectfully submitted, Sue Schmidtbauer Public Works Secretary 50 d 11/2/2016 Approve The meeting was called to order by Chair Patricia Sowada at 6:30 p.m. Members present were: Patricia Sowada, Nancy Hoium, and Catherine Vesley. Also present was Library Director Renee Dougherty and Recording Secretary Nick Olberding. ® The Minutes of the September 7th, 2016 Board Meeting were approved. • The Bill List dated September 7, 2016 was reviewed. It was moved, seconded, and passed that the bills be paid. • The Bill List dated September 14, 2016 was reviewed. It was moved, seconded, and passed that the bills be paid. ® The Accounting Sheet as of September 2016 was reviewed, and approved. • Discussion on what kind of resolution there was with the abnormally high electricity costs for the first few months the library was opened. As far as those first bills, there is no news on what Steve Smith /Gary Peterson (not present at meeting) may have found out. As of the last accounting sheet we had used 79% of the electric budget; if we go over in that budget category (3810), we will be able to move funds over from another line in the 3000 range. Eric (CH Public Works) now has been trained -in on the operation of all the environmental control systems, so we can now make adjustments more quickly, and avoid waste in the future. • E -Books are over - budget, but it is not a concern. We still have enough money left in the books budget to cover the overage. Old Business: Construction Update • Dry -erase boards installed in the meeting rooms. • Bulletin board installed in the print area. • Glass panel partitions installed on the "Ask Me" desks. • Donor wall installation started ... may need some structural reinforcement. Some worries about the possibility of it being de- faced. New Business: ..•. . .: t :, , . . o No changes from previous years, nearly identical to Anoka County Library's schedule. Staffing Update • We are down to 5 part -time Pages now, and our Aide's last day was today. • HR is doing market analysis to find the appropriate pay, and will need to figure out a balance of pay vs. headcount in order to stay under the upcoming budget and provide ample capacity. The findings of this analysis are not yet known. Renee has a meeting with Kelli Bourgeois tomorrow. • Job posting for page positions has not yet been released. • We are currently open to adult volunteers to help out during our reduced headcount. Nancy Hoium 51 expressed interest in volunteering some time. Items from the Floor: ® AMH • The Automated Materials is working very well, and very nice to have. • Makes discharging and delivery less time consuming, freeing up staff to focus on other tasks. • Vandals put wood chips from the landscaping through it the night of Monday, October 3`d. Did not damage anything, but it made a mess. With winter approaching, we fear ice or snow may find its way into it at some point. • The surveillance cameras are not up and running yet, but when they are, we need to rotate the one on the back of the building to cover the back door and the book drop. • Need to post a sign on the book drop that states that it is under video surveillance to help deter any would -be shenanigans. ® American Flag for the Community Room. o The flag has now been brought over from the old library. Old Library • Offer was made on the 820 40th Avenue NE building, but the City Council rejected the offer because they asked for a warranty deed on the building (regarding moisture /water issues in the basement). The building is up for sale "as -is ". • There is a senior care group also looking into making an offer. • Currently we still have some things left at the old building; some artwork and historical Columbia Heights Jamboree material. Currently in the board room of the building. ® The new library has been submitted to the committee for the American Institute of Architects Award. The 2017 Proposed Detail Budget for the Library was distributed. The City Council work session to discuss the library budget will be November 7th. We will confirm by the next Library Board meeting; in case members want to attend and show their support. There being no further business, the meeting was adjourned at 6:55p.m. by Patricia Sowada, and seconded. Respectfully submitted, 4 Nicholas P. Olberding 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. 52 • Fr 1I M CM NOVEMBER 14, 2016 • • : + i ITEM: I Canvass Municipal General Election Returns DEPARTMENT: Administration CITY MANAGER'S AP . ROVAL: ,! BY /DATE: Katie Bruno BY /DATE: BACKGROUND: On November 8, 2016 the City held an election to vote on a Mayoral candidate and two Council Member candidates. A resolution listing the allocation of votes, the results of the general election, and the abstract of votes cast in the precincts of the City of Columbia Heights is attached. RECOMMENDED MOTION(S): RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2016 -106, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2016 -106 being a Resolution canvassing municipal general election returns and approve the signing of the Abstract. ATTACHMENTS: Resolution 2016 -106 Abstract of Votes Statistics Report 53 RESOLUTION NO. 2016 -106 CANVASSING MUNICIPAL PRIMARY ELECTION RETURNS WHEREAS, the City of Columbia Heights did on the 8th day of November 2016, conduct and hold a General Municipal Election for the office of Mayor and two offices of Council Member. WHEREAS, the City Council of the City of Columbia Heights, at a meeting of said Council /Canvass Board, held on the 14th day of November 2016 did canvass the returns and results of said General Municipal Election; and WHEREAS, the following results were determined by said canvass of said General Municipal Election, TOTAL BALLOTS CAST IN ELECTION: Valid Votes Cast for one 2 -Year Mayor Seat Donna Schmitt 4213 Gary L. Peterson 4109 Valid Votes Cast for Two 4 -Year Council Seats Connie Buesgens 3515 Robert "Bobby" Williams 3407 Nick Novitsky 3280 Sean Broom 2966 ORDER OF COUNCIL NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that Donna Schmitt is hereby declared to be the elected candidates for the two year Mayor Seat, and Connie Buesgens and Robert `Bobby" Williams are hereby declared to be the elected Candidates for the two four -year Council Seats. Passed this 14`" day of November, 2016 Offered by: Seconded by: Roll Call: Gary L. 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U U W W W Ln Ln Ln Ln m Ln Ln Ln z z z Y z z z z z m z z �Q ;v 0c Q ' N a O � Ln n n a Ln n ,a O Ln O Ln O LY) O Ln O Ln O Ln Y O Y Ln Y fV O .-i O ,-i O .-i O — O .-L ,-L N O QY ti lY , tY Ln LD LD L� h W W m 0} O O . Q. Q .-i Q N N N N N N N N N M d M a M 4. M 0_ M d. N N N N N N N N N N N N N N w LO co LO v-- O LO N 0) CB IITEM. ITO M THE FIRST LUTHERAN CHURCH PARKING ODRIV WAY TO 0' NORTH THE DRIVEWAY I DEPARTMENT: Public Works AM= I BY /DATE: Kathy Young / November 8, 2016 ( BY /DATE: J/ f /,f�, ` BACKGROUND: At the October meeting the Traffic Commission called for a public hearing to consider designating "No Parking Anytime" on the east side of Tyler Street from the First Lutheran Church parking lot driveway to 70 feet north of the driveway. Ms. Julie Johnson, Business Administrator for First Lutheran Church, requested the "No Parking" signs on behalf of the property owners of 4044 and 4050 Tyler Street. Because of the school, volunteers and parents park along the east side of Tyler Street making it very difficult for the property owners to back out of their driveways. ANALYSIS /CONCLUSIONS: The Traffic Commission held a public hearing on November 7, 2016 to consider designating "No Parking Anytime" on the east side of Tyler Street from the church parking lot driveway to 70 feet north of the driveway. The Public Hearing notice was published in the Sun Focus. Property owners within 300' of the proposed no parking designation were notified of the hearing by mail. No one spoke in opposition of the "No Parking" designation. RECOMMENDED MOTION(S): Move to designate "No Parking Anytime" on the east side of Tyler Street from the First Lutheran Church parking lot driveway to 70' north of the driveway. ATTACHMENT(S): Tyler Street Aerial 66 A A AMA COUNTY Tyler St, 40th to 41st Ave Ar-ml PhMo, V Im'i Ept-ir n'20*4 a 67 AGENDA CONSENT AGENDA DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: �✓ i • NOVEMBER 14 CITY OF • L • .: ITEM: LICENSE AGENDA DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: �✓ i BY /Date: Nov 9, 2016 BY /Date: Attached is the business license agenda for the November 14, 2016 Council meeting. This agenda consists of applications for 2016 -17 Contractor Licenses and Business Licenses for 2017. 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. Move to approve the items as listed on the business license agenda for November 14, 2016 as presented. 68 Documentl City of Columbia Heights - Council Letter TO CITY COUNCIL November 14, 2016 *Signed Waiver Form Accompanied Application BLDG *Steinkraus Plumbing 112 E 5" St #101, Chaska $60 C & K Plumbing 31138 Wallmark Lk Dr, Chisago City $60 *M & B Services 25817 Goldfinch Ave, Wyoming $60 *Corporate Mechanical 5114 Hillsboro Ave N, New Hope $60 *Stern Htg & Cooling 34181 180th Ave, Red Wing $60 *Kline Corp /Practical Sys 4342B Shady Oak Rd, Hopkins $60 *Home Energy Center 2415 Annapolis Ln #170, Plymouth $60 *H20 Controls Inc 10433 West River Rd, Brk Pk $60 *Veit & Co Inc 14000 Veit Pl, Rogers $60 *A. Johnson Plumbing Inc 17285 21 lth Ave, Big Lake $60 *Junction P1 & Htg 9837 Haug Ave NE, Monticello $60 *Peterson - Pinney Inc 4151 Coon Rapids Blvd, Coon Rapids $60 *Perfection Htg 1770 Gervais Ave, Maplewood $60 *North Suburban Plumbing 28221 140 St, Zimmerman $60 *Walter Mechanical 517 W. Travelers Tr, Burnsville $60 *One Hour Rooter 10701 93rd Ave N, Maple Grove $60 CONTRACTOR LICENSE -2016 *Jackson & Assoc 1817 Buerkle Rd, White Bear Lk $60 *Zups Construction 3122 Shorewood Dr, Arden Hills $60 BUSINESS LICENSES 2017 FUEL DISPENSING: *Holiday Station Store 4259 Central Ave $380 *Jeff s Bobby & Steves 3701 Central Ave $210 2017 VEHICLE SALES: *David's Auto 573 401h Ave $300 *Jeffs Bobby & Steve's 3701/3827 Central Ave $300 2016 & 2017 MASSAGE: Individual: *Hongxia Yin therapist at Tuina Massage 5019 University Ave $120 *Yuhua Luo therapist at Tuina Massage 5019 University Ave $120 (pending background approval) 2017 SECONDHAND DEALER: TVI dba Savers 4849 Central Ave $100 Unique Thrift 2201 37 th Ave $10069 Page 2 City of Columbia Heights - Council Letter 2017 OFF SALE BEER Norther Tier /SA 2017 WINEBEER LICENSE *Noodles & Co. *Chipotle Grill 2017 SMOKE SHOP LICENSE *Sarah's Smoke Shop 2017 MISC. CIGARETTE SALES *Holiday Station Store *Northern Tier /SA 5000 Central Ave 5220 Central Ave 5200 Central Ave 4329 Central Ave 4259 Central Ave 5000 Central Ave *Family Dollar 4037 Central Ave The 3 Municipal Liquor Stores *VFW Post 230 4446 Central Ave $150 $2,400 $1,600 $300 $300 $300 $300 $700 70 Page 3 C14 fU E 0 Z-IZ - O (D z ui Z :D 0 0 F— z Lij :2 F— CL Lli 0 ui z z U- Fd- 0 co ui z z 15 U- 0 LU Q Q A4 O z U- 0 z n 0 L) w F- 7— (D ui co 0 0 U- 0 F- 0 (D C: E E > 0 0 0 (D ca .2 E u ca 0 C: cn Cd ui fn cis Z) 0 0 LL C 0 0 oo CD c cn o 0) C.0 10 (D 0 co cu C/) 0 co E m 0 (n a) .0- C,4 cu co M CO E 0 a) x r- 0 C) > (D ce) OM > C.0 0 E 0 cu a = 0 2 H 'o N t`- F C7 * * F x� * a CD a H z * * at x> 0 * * a Ur H * * Qa O C) * * H O n • * * a a co * 4 U 0 0 * * U > + * N I * * N Lu m a * * C to O O O * * O Un * * a torn Faa H C7 C7 * * H * * N a * * Q0 * z * * H lO O7 * * * * * * F U * m (o U) * * * * * * H Q * * a 44 1l �4 Sl S4 S4 Sa l4 S4 S4 S4 S4 �4 �4 �J V * * H H ? * 0 0 0 0* U o z z O r u * * z x 0 * * D n 4J * zzzz* O V) + * U -H * * H x * zzzz* Q0 * * x * o sa U * ry FC FC * N N Q! * * \ V rr C s + c O U * W W W W* � •.� H aaaa* H * * + m * * * + * * C o u * w 0 * * * + w * * * ** Co m 00 * * HH V U) 0 w 0, O co N U .. 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DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: November 9, 2016 BY /DATE: ////,) //, Brian Beaufeaux on behalf of IAE Leasing, LLC has requested a Minor Subdivision per City Code Section 9.104 (k), for the property located at 1016 44th Avenue NE. The applicant wishes to split the existing residential lot into two residential lots. Currently, there is a single family home on the northern portion of the existing lot, and a detached garage on the southern end of the existing lot. The proposed subdivision would allow for future residential development to occur on the newly created lot. The current lot is 19,600 sq. ft. (70' X 280'). The proposal is to subdivide the lot into two lots resulting in "Parcel A" containing an area of 12,040 Sq. Ft. and "Parcel B" containing an area of 7,560 Sq. Ft. The required lot area for parcels in this zoning classification is 6,500 Sq. Ft. for a single family dwelling, and 12,000 Sq. Ft. for a two - family /twin home dwelling. The minimum lot width requirement for this zoning classification is 60 feet. Both the exiting lot and newly created lot would meet this requirement with a width of 70 feet. Staff is recommending that the newly created southern lot (Parcel A), be given the address 110143' /z Avenue NE., Columbia Heights MN, 55421, in addition to the subdivision request, the applicant is also requesting a Conditional Use Permit to allow for a two - family dwelling to be located on the southern lot. If the Conditional Use Permit is approved and a two - family dwelling is built upon the lot, the new assigned address will be 1101 -1103 43rd l Avenue NE., Columbia Heights, MN 55421. The subject property is located in the R -2A, One and Two Family Residential District. The properties to the north, south, east, and west are located in the R -2A One and Two Family District, the R -213, Built as Duplexes District, and the R -3, Multiple Family District. The Comprehensive Plan guides this area for low density residential development. Subdividing the lot to allow for future residential development is consistent with the goals and intent of the Comprehensive Plan, 49Y< N � . 44TH AVE 81 Council Letter City ofColumbia Heights - Council Letter STAFF RECOMMENDATION: Staff review found that the application for a Minor Subdivision meets the requirements of the Zoning Ordinance. Staff reviewed the Findings of Fact that are required in order for the City Council to approve a Minor Subdivision, and believes the applicant meets the conditions as they are outlined. The proposal meets the required lot width and area requirements which are established for the property and the property's zoning designation. The proposal would result in two conforming lots, and as such staff recommends approval of the proposed Minor Subdivb m ionforth�pnoperty|ocat�dat���544 Avenue NE. RECOMMENDED : Motion: Move to waive the reading ofResolution No. 3016-104, there being ample copies available tothe Motion: That the Planning and Zoning Commission recommend that the City Council approve the Minor Subdivision for the property located at 1016 44th Avenue NE., subject to certain conditions of approval. 1. The applicant shall be responsible for filing the approved subdivision with the Anoka County Recorder's Office, The approved minor subdivision will become invalid if the subdivision is not filed with the Anoka County recorder's Office within one year of the date of City Council action. 2. The applicant shall meet the requirements outlined in the report from the Public Works Director/City Engineer dated October 26t', 2016. 2. The applicant is required t0 remove the existing garage on the south end of the current lot within G months from the dated of City Council action. 4. The applicant shall provide required utility and drainage easements for all newly created lots and are responsible for the on3t of filing and recording written easements with the Anoka County Recorder's Office. S. The applicant shall pay parkland dedication fees for each lot created beyond the original number of lots existing prior to subdivision. The applicant will pay park dedication fee in the amount of $4,166.30, due upon final approval by the City Council and prior to any permits issued for the property. ATTACHMENTS: Resolution No. 2D16'IU4 Planning Report November 1't,2O16 Planning and Zoning Commission /Minutes\ Application Applicant's Narrative Location Map Public Works Report Dated: October 26,201O Existing Conditions Survey Proposed Subdivision Survey 82 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Minor Subdivision in accordance with City Code Section 9.104 (k), for the property located at 1016 44 th Avenue NE. a proposal (Case #2016-1101) has been submitted by Brian Beaufeauxon behalf ofLAE Leasing, UI tO the City council requesting approval ofa minor Subdivision from the City of Columbia Heights @tthe following site: ADDRESS: 1016 h Avenue NE. LEGAL DSCR/PT|C>N:On file at City Hall. THE APPLICANT SEK5 THE FOLLOWING: Minor Subdivision approval per City Code Section 9.1O4(k). the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on November 1,2OIG; the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Minor Subdivision 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; Now, therefore, in accordance with the foregoing, andaUurdinances and regulations of the City ofColumbia Heights, the City Council of the City of Columbia Heights makes the following: Section 9.104 (K) of the Zoning Code outlines Specific conditions in order for the [bv Council to approve a minor subdivision. They are as follows: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements, 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property islocated. 4. The proposed subdivision does not require the dedication of public y for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. T The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. S. The proposed subdivision meets all of the design standards specified in Section 9.115. 83 City of Columbia Heights - Council Resolution Page 2 Further, be it resolved, that the attached plans, maps, and other information shall become part of this Minor Subdivision Approval; and in granting approval the City and the applicant agree that the Minor Subdivision shall become null and void if the Subdivision has not been filed with the Anoka county Recorder's Office within one (1) calendar year after the approval date. CONDITIONS 1. The applicant shall be responsible for filing the approved subdivision with the Anoka County Recorder's Office. The approved minor subdivision will become invalid if the subdivision is not filed with the Anoka County recorder's Office within one year of the date of City Council action. 2. The applicant shall meet the requirements outlined in the report from the Public Works Director /City Engineer dated October 26th, 2016, 3. The applicant is required to remove the existing garage on the south end of the current lot within 6 months from the dated of City Council action. 4. The applicant shall provide required utility and drainage easements for all newly created lots and are responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 5. The applicant shall pay parkland dedication fees for each lot created beyond the original number of lots existing prior to subdivision. The applicant will pay a park dedication fee in the amount of $4,166.30, due upon final approval by the City Council and prior to any permits issued for the property. Passed this 14th day of November, 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 84 CITY OF COLUMBIA HEIGHTS CASE NUMBER: 2016-1101 DATE: October 27,2D16 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Brian Beaufeaux,|AE Leasing, LL[. LOCATION: I01644"' Avenue NE., Columbia Heights, K4N55421 REQUEST: Minor Subdivision PREPARED BY: Elizabeth Ho|rnbeck, City Planner At this time, Brian Beaufeaux on behalf of JAE Leasing, LLC has requested a Minor Subdivision per City Code Section 9.104 (k), for the subject property located at 1016 44 th Avenue NE. The applicant wishes to split the existing residential lot into two residential lots. The current lot is Currently, there is a single family home on the northern portion of the lot, and a detached garage on the southern end of the lot. The property has been recently sold and the new owner is proposing to subdivide the existing lot to allow for future residential development on the newly created lot. The proposed subdivision meets the guidelines in the Zoning Code. A narrative provided by the applicant /sattached. The subject property is located in the R-2A, One and Two-Family Residential District, as are the properties to the north. The properties tuthe south, east and west, are located in the R-2AOne and Two Family District, the R-Z8, Built as Duplexes District and R-3, Multiple Family District, '411 F .�." Avs 85 Im -4 V .�." Avs 85 City of Columbia Heights Planning and Zoning Commission November 1, 2016 Planning Report Page 2 COMPREHENSIVE PLAN The Comprehensive Plan guides this area for low density residential development. According to the City's Comprehensive Plan, low density residential development is defined as single family detached, and single family attached dwellings (twin - homes /duplexes). DESIGN GUIDELINES The subject property is not located in the Design Guideline Overlay District. SiTE PLAN The applicant has submitted a survey of the existing conditions and legal description for the site, and a survey showing the two subdivided lots and proposed legal descriptions. The proposed subdivision of land meets the City's Zoning Ordinance in terms of lot size and lot width to approve a subdivision for the property. FINDINGS OF FACT Section 9.104 (K) of the Zoning Code outlines specific conditions in order for the City Council to approve a minor subdivision. They are as follows: 1. The proposed subdivision of land will not result in more than three lots. The proposed subdivision will result in two conforming lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. No vacation of existing easements will occur as a result of the minor subdivision. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. The newly created lots will both conform to the lot width and lot area requirements established for the property for the property's zoning designation. 4. The proposed subdivision does not require the dedication of public rights -of -way for the purpose of gaining access to the property. This is correct. 5. The property has not previously been divided through the minor subdivision provisions of this article. This is correct. 6. The proposed subdivision does not hinder the conveyance of land. 86 City of Columbia Heights Planning and Zoning Commission November 1,J016 Planning Report Page 3 This is correct. 7. The proposed subdivision does not hinder the rnaWn# of assessments or the keeping of records related to assessments. This is correct. 8. The proposed subdivision meets all of the design standards specified in Section 9.115. This is correct. RECOMMENDATION Staff review finds that the application meets the requirements of the Zoning Ordinance. Staff recommends that the Planning and Zoning [ornmnius|pn approve the proposed minor subdivision for the property located at 1016 44th Avenue NE., Columbia Heights, MN 55421. Motion: Move to wave the reading ofResolution ND. 2016-104, there being onnpie copies available to the public. Motion: That the Planning and Zoning Commission reC¢nnrnendo that the City Council approve the minor subdivision of the property located at 1018 44mAvenue 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. The applicant shall be responsible for filing the approved subdivision with the Anoka County Recorder's Office. The approved minor subdivision will become invalid if the subdivision |6 not filed with the Anoka County recorder's Office within one year of the date of City Council action. I The applicant shall meet the requirements outlined in the report from the Public Works Director/City Engineer dated October Z610 ,2016. 3. The applicant is required to remove the existing garage on the south end of the current lot within G months from the dated of City Council action. 4. The applicant shall provide required utility and drainage easements for all newly created lots and be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office, 5. The applicant shall pay park/and dedication fees for each lot created beyond the original number oflots existing prior to subdivision, except when such fees have been applied to the property as part of@ previous subdivision. ATTACHMENTS Resolution No. 2O1G-104 Application Applicant's Narrative Location Map Public Works Report Dated: October 26,2016 87 City of Columbia Heights Planning and Zoning Commission November 1,2016 Planning Report Page Existing Conditions Survey Proposed Subdivision Survey 88 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Minor Subdivision in accordance with City Code Section 9.104 (k), for the property located at 1016 44th Avenue NE. Whereas, a proposal (Case # 2016 -1101) has been submitted by Brian Beaufeaux on behalf of IAE Leasing, LLC to the City council requesting approval of a minor Subdivision from the City of Columbia Heights at the following site: ADDRESS: 1016 44th Avenue NE. LEGAL DSCRIPTION: On file at City Hall. THE APPLICANT SEKS THE FOLLOWING: Minor Subdivision approval per City Code Section 9.104 (k). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on November 1, 2016; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Minor Subdivision 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; 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: Section 9.104 (K) of the Zoning Code outlines specific conditions in order for the City Council to approve a minor subdivision. They are as follows: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights -of -way for the purpose of gaining access to the property. S. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in Section 9.115. 89 City nfColumbia Heights- Council Resolution Page 2 Fmrthar, be it resolved, that the attached plans, maps, and other information shall become part of this Minor Subdivision Approval; and ingranting approval the City and the applicant agree that the Minor Subdivision shall become null and void if the Subdivision has not been filed with the Anoka county Recorder's Office within one (1) calendar year after the approval date. 1. The applicant shall be responsible for filing the approved subdivision with the Anoka County Recorder's Office. The approved minor subdivision will become invalid if the subdivision is not filed with the Anoka County recorder's Office within one year of the date of City Council action. Z. The applicant shall meet all the requirements outlined in the report from the Public VVodo Director/City Engineer dated October 26t', 2016. 3. The applicant is required to remove the existing garage on the south end of the current lot within 6 months from the dated of City Council action. Passed this 7 th day of November, 2016 offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk/Council Secretary 90 To be filled out by City: CASE NO.: APPLICABLE ORDINANCE NO.: 9104(j) PRESENT ZONING: PRESENT LAND USE PLAN DESIGNATION: To be filled out by Applicant: PROJECT ADDRESS/LOCATION: + kv-, v-- LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessafy): ca � L,—,, " -i J.-c:; Z 111 ire's PRESENT USE OF PROPERTY: PROPOSED USE OF PROPERTY: 1� L DOES THE PROPOSED LOT SPLIT CREATE A BUILDABLE LOT? X YES NO ADDRESS CITY L(I STATE � R C', t 1 - ­ FEE OWNER OF PROPERTY -�- ,, L, —r'A S i v(-, ZIP > , CITY OF ! : A HEIGHTS APPLICATION MINOR SUBDIVISION (LOT SPLIT) APPLICATION THIS " IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER OF APPLICATION j SUBMITTED, ENGINEERING APPROVAL i BE REQUIRED REQUIREMENTS OR CONTAINED CODE. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY LOT SPLIT APPLICATION A. Application submitted as required in the attached application checklist, showing how the property is to be split. APPLICATION FEES: A. $275 Lot Split TOTAL AMOUNT RECEIVED it CITY RECEIPT NUMBER 014312 DATE RECEIVED1 39JI (P 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 PROPERTY OWNER SIGNATURE (If different from Applicant) r ! E Revised: 2005 A a � 5d 1 DATE DATE 101 ?)I� h 3 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 92 9/28/2016 Brian Beaufeaux IAE Leasing, LLC. 30589 University Ave NE Cambridge, MN 55008 Elizabeth Holmbeck City Planner, City of Columbia Heights Community Development Department 590 40th Avenue NE Columbia Heights, MN 55421 Dear Ms. Holmbeck IAE Leasing is submitting an application to split the lot located at 1016 44th Ave NE per the attached survey dated 9/8/16, IAE Leasing is currently upgrading the house located on "Parcel A" and plans on selling it this fall. If the lot split is approved, we plan on building a two family home on "Parcel B" or selling "Parcel B" for development by others, IAE Leasing submits the following findings: a) The proposed subdivision of land will result in two lots. b) The proposed subdivision of land does not involve the vacation of existing easements. c) Both lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. d) The proposed subdivision does not require the dedication of public rights -of -way for the purpose of gaining access to the property. Parcel A has access to 441h Ave NE and Parcel B has access to 43 % Ave NE, e) The property has not previously been divided through the minor subdivision provisions of article 1: Zoning and Land Development. f) The proposed subdivision does not hinder the conveyance of land. g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. h) The proposed subdivision meets all of the design standards specified in 9.109 Residential Districts, Please do not hesitate to contact me if you have any questions or need additional information to start the review process. Sincerely, Brian Beaufeaux Chief Manager IAE Leasing, LLC. 93 CITY OF COLUMBIA HEIGHTS Public Works Department TO: ELIZABETH HOLMBECK, CITY PLANNER FROM: KEVNHANSEN PUBLIC WORKS DIRECTOR/CITY ENGINEER DATE: October 26,2Ol6 SUBJECT: 101644 m Avenue / have reviewed the lot split request dated O8/71/16 and have the following • This property as well as neighboring properties binalow spot, as determined from contour information. The low spot experiences major |oca/izedfloodingduringstonneVents. • Any future building development on the proposed lot will need tobe above the 1OO-yeer flood elevation to prevent future flooding Vf the new structure. • Staff recommends removal of the existing garage asitisin the area that experiences flooding. � No additional fill may be brought on to the property —the area that floods should be left as low, or lower than the area as the surrounding properties. Any excess fill developed from the construction ofa home shall be removed from the property. � Any new buildings onthe 43-1/2 side should ba kept as far south or toward the street ascode allows -to maintain the existing area that is subject to flooding. If you have any questions or need further information, please contact me at (763) 706-3705. C: Lauren Letsche,StormwateSpecialist Kathy Young, Assistant City Engineer 95 CERTIFICATE OF SURVEY rev. 10 -10 -16 (city comments) FOR I A E LEASING (MEASUREMENTS SHOWN IN FEET AND DECIMALS OF A FOOT) _ DATE 9 -8 -2016 I HEREBY CERTIFY THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION KURTH SURVEYING, INC. O = IRON PIPE MONUMENT SET AND THAT I AM DULY LI ND SURVEYOR UNDER THE F TH STA7,� MI NN iA. 4002 JEFFERSON ST. N.E. COLUMBIA HEIGHTS, MN 55427 = IRON PIPE MONUMENT FOUND PIM (763) 788 -9769 FAX (763) 788 -7602 X = SPIKE SET 9V E -MAIL ksiMkorthsurveyinginc.com. = CHAIN LINK FENCE (CLF) Randy L. Kurth, L.L.S. No. 20270 Russell J. Kurth, L.L.S. No. 16113 0 30 �— = WOOD PRIVACY FENCE (WPF) = BITUMINOUS SURFACE SCALE = CONCRETE SURFACE a = PATIO BLOCKS 44TH AVENUE N.E. N 89.38'45 "E —70.00--- 5' EXCEPTION FOR ROAD .- -NORTH LINE OF LOT 14, BLOCK 2 _7 r15' STREET A EASEM 'w WS UTILITYUTILITY PER DOC. NO-4 251910, M'361 a 60636x` \'� . _ 133 III EXISTING PROPERTY DESCRIPTION I i The west 70.0 feet of Lot 14 Block 2, T RESERVOIR HILLS, Anoka County, Minnesota 39. except the north 5.0 feet thereof. -ioi6 GAR : +1020 •980 I - s - ST 14 . 1-5 -sT 40.1 1.5-S-ST i 1 � I o 1 5' -STORM SEMER EASEMENT -Of o z ( 1 N I 1 a � 1 •981 — I -S -ST 5' A v l \ .L 43112 RLK....Clty of CH \Reservoir HIIIP \14 -2 — cond.g.d 5 R I N N0, 2371 — —70.0— — i:�-:l N 69'38,45"E 'f 30' ROAD EASEMENT _SOUTH LINE OF LOT 14, BLOCK 2 AVENUE N.E. 16o' R7W) �G 1 L— book 11844, page 29x29 FOR IAE LEASING I HEREBY CERTIFY THAT THIS SURVEY. PLAN OR REPORT WAS PREPARED BAY�ME OR UN�DNER MY DIRECT SUPERVISION THE 40S- QFAMHf{JSTA{LI0 MINN TA SURVEYOR UNDER Randy L. Kurth, L.L.S. No. 20270 Russell J. Kurth, L.L.S. No, 1'6113 (MEASUREMENTS SHOWN IN FEET AND DECIMALS OF A FOOT) -8 -2016 0 30 DATE 9 KURTH SURVEYING, INC, O = IRON PIPE MONUMENT SET 4002 JEFFERSON ST. N.E. ® COLUMBIA HEIGHTS, MN 55421 = IRON PIPE MONUMENT FOUND Rte' (763) 788 -9769 FAX (763) 788 -7602 iR( = SPIKE SET E -MAfL: ksi®kurthsurveyinginc.com. = PATIO BLOCKS 44TH AVENUE N 83'38'45 "E 0,00- EXCEPTION FOR ROAD / it5' STREET E UTILITY EASEMENT. PER DOC. NO's 251910, 660301 E C063tl2 7 _I i I I BsB 0 30 --Q- = WOOD PRIVACY FENCE (WPF) 5• u.6 SCALE IN FEET _ REV. 9 -19 -2016 = CONCRETE SURFACE GAR Ft - corners set) = PATIO BLOCKS '1016 r -980 o = REV. II -9 -16 1- s - ST (parcel areas) 4, e O -1013 A Y i4 I -S -ST Z I 40.1 ' 15-S-ST i I � = BSB PARCEL B - 1.560 SO. M (9— to bay 11"I _ 1 600 so. 1. (ne[ to roe6 ilnel 70.0 .. m N 89-38'45"E c I -NORTH LINE, SOUTH 202.0' I - 1 PARCEL A I Iz.o4o so.Fr. ma ,o ro.e Mir S' STDR4 SkSlEit EASEI F. - y/y - - -- tch beafn < E Y N O I 3i O y I 3 01 _ \�I ZI •961 I-S -ST 5' BSB l 1 43 1/2 RLK. —City oP CH\RssQr ho HOIs \14 -2 split cert.gxd O<. NO. 5' M r� -NORTH LINE OF LOT 14, BLOCK 2 1 PROPOSED PROPERTY DESCRIPTION - PARCEL A i w I� o - 0 I N The south 202.0 feet west 70.0 feet or Lot 14, Block 2, RESERVOIR HILLS, Anoka County, Minnesota. Subject to an easement for roadway purposes over the south 30.0 feet thereof. "1020 TL o ^ - = CHAIN LINK FENCE (CLF) 0 30 --Q- = WOOD PRIVACY FENCE (WPF) Total Area = = BITUMINOUS SURFACE SCALE IN FEET �_ JX REV. 9 -19 -2016 = CONCRETE SURFACE (areas- setback Ft - corners set) = PATIO BLOCKS REV, 10 -10 -16 Ft (city comments) 425 REV. II -9 -16 BUILDING SETBACK LINE (parcel areas) 4, 5' M r� -NORTH LINE OF LOT 14, BLOCK 2 1 PROPOSED PROPERTY DESCRIPTION - PARCEL A i w I� o - 0 I N The south 202.0 feet west 70.0 feet or Lot 14, Block 2, RESERVOIR HILLS, Anoka County, Minnesota. Subject to an easement for roadway purposes over the south 30.0 feet thereof. "1020 TL o ^ R - GARAGE Total Area = 7560 24.2 �_ JX Hse -Gar Area = 1386 Sq Ft Drive Area = 837 Sq Ft Rear Patio = 425 I , 1 0 4, -1013 A Y : >' I -S -ST I� I 7. 70.0 --- N 89.38'45 "E 2:1 0 AD EASEMENT PROPOSED PROPERTY DESCRIPTION - PARCEL B That part of west 70.0 feet or Lot 14, Block 2, RESERVOIR HILLS, Anoka County, Minnesota, lying south of the north 5.0 feet and north of the south 202.0 feet thereof. II I PARCEL AREA BREAKDOWNS Parcel A Total Area = 12,040 Sq Ft Garage Area = 512 Sq Ft Drive Area = 980 Sq Ft _. SOUTH LINE OF LOT 14, BLOCK 2 AVENUE N.E. (60' R /W) 36 -30 -24 Parcel B Total Area = 7560 Sq Ft Hse -Gar Area = 1386 Sq Ft Drive Area = 837 Sq Ft Rear Patio = 425 Sq Ft J book 11644, �A�GENDA SECTION PUBLIC HEARING NO. 8B �ITEM OV NOVEMBER 14,2016 ITEM: A Conditional Use Permit for the property located at 1016 44th Avenue NE. to be subdivided: 1101 /43'°BAvenueNE. DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY/DATE: Elizabeth Holmbeck, November 9, 2016 BY/DATE: Brian Beaufeaux on behalf of IAE Leasing, LLC has requested a Conditional Use Permit per Code Section 9.1O9 /Fl/3\to allow a two-family dwelling tobe built on the property located at101644th Avenue NE. tobe subdivided as: 11Q143 rd Y2 Avenue NE and 1O1644 m Avenue NE. The applicant has applied for aMinor Subdivision to create two lots (Parcel A and Parcel B). In addition, the applicant is requesting to obtain a Conditional Use Permit for a two-family dwelling to be built on the newly created southern lot (Parcel A) The proposed Conditional Use Permit meets the guidelines in the Zoning Code for a two-family dwelling, The lot iS required tmbe a minimum of 6,500 square feet with a minimum lot width of 60 feet, The Zoning Ordinance outlines specific setback, height, and building coverage requirements which are reviewed administratively when a building permit is submitted. The applicant will be required to meet the requirements in order to construct a building on the site. The Zoning Ordinance does not require site plan approval from the Planning and Zoning Commission for one and two family residential construction. These uses are defined as low-density residential in the City Comprehensive Plan and this is reflected in the City's Zoning requirements. |f the Conditional Use Permit is approved and a two-family dwelling |s built upon the lot, the new assigned addnessvviU6e11D1-11O343mB Avenue NE, Columbia Heights, K4N554J1. The subject property is located in the R-2A. One and Two Family Residential District. The properties to the north, south, east, and west are located in the R-2A One and Two Family District, the R-213, Built as Duplexes District, and the R-3, Multiple Family District. The Comprehensive Plan guides this area for low density residential development. Subdividing the lot to allow for future low density residential development is consistent with the goals and intent of the Comprehensive Plan. 98 Council Letter City of Columbia Heights - Council Letter Page 2 Staff review found that the application for a Conditional Use Permit meets the requirements of the Zoning Ordinance. Staff reviewed the Findings of Fact that are required in order for the City Council to approve a Conditional Use Permit, and believes the applicant meets the conditions as they are outlined. Being that the property is zoned to allow one and two - family residential uses, and that the property is entirely surrounded by other property which is zoned for one and two family residential and multiple family residential, staff had recommend approval of the Minor Subdivision for the property at the November 15`, 2016 Planning and Zoning Commission meeting. At the meeting, three neighboring property owners expressed concern regarding the application (See meeting minutes). Additionally, i received one e -mail from a property owner expressing concerns over the application after the meeting (See attached copy of e- mail). The residents' concerns were about the addition of a two - family dwelling to the neighborhood and specifically, the addition of more renters in the neighborhood. In general, they felt that the existing property owners do not take care of the rental properties that are currently in the neighborhood. Due to this fact, they believe the proposed two - family dwelling will have the same problems. They also expressed a desire for the developer to build a single family home on the lot rather than a two - family dwelling. After listening to the residents' concerns, the Planning and Zoning Commission made the recommendation that the City Council deny the Conditional Use Permit based on the fact that "C" and "D" of the Findings of Fact are not met. The Findings of Fact are listed below for your reference: (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. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of the property in the immediate vicinity. (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. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (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. (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. (i) The use complies with all other applicable regulations for the districts in which it is located. 99 City of Columbia Heights ' Council Letter Page 3 CONCLUSION Staff understands and has assessed the concerns raised by the Planning and Zoning CUnornission However, basadonanana{ysisnfthenequirernentofoundinCity[ode,S1afY5tU|af[mmst6atthisConditio'a/UsePermit request iy consistent with the rules and regulations established in the R-2A Residential Zoning Dis1rict Although staffs reconnrnendationisstiUto approve the Conditional Use Pernmi�based on the P|a--in^and Zoning Commission's recommendation to the contrary, staffhas provided two potential motions ''r `ue City Council tuconsider. - -' A. RECOMMENDED TO DENY Motion: Move to waive the reading of Resolution Nu. 20I6-105, theme being ample copies available tothe Motion: That the Planning and Zoning Commission recommend that the City Council deny the Conditional Use Permit for the property located at 110143 rd Y2 Avenue NE., based on the fact that "C" and "D" of the Findings of Fact are not met. B. RECOMMENDED :TO APPROVE Motiomn, Move 1owaive the reading ofResolution No. 2016-105. there being ample copies available to the M*ot�,m:That the [hv[ound|approves the Cond�iuna/Use Penmbfor the pr0pe�ylocated et1IO143m]6 Avenue NE., subject to certain conditions of approval. I. The applicant shall meet the requirements outlined in the report from the Public VVurka Director/City Engineer dated October 26m 2016. J. The applicant ix required t0remove the existing garage on the south end ofthe current lot within 6 months from the dated of City Council action, The garage must be removed before any future development can occur Dn the lot. 3. Before a Building Permit Can be obtained for future residential development, the property owner must meet with City Engineering Staff to address localized flooding concerns. Any new development will be required to meet any Engineering requirements that are deemed necessary to mitigate future flooding, or soil erosion. 4. Future Two-Family Residential development that occurs on the lot must adhere to the ------- City 's 's Zon|ng [ode requirements. The development is required to provide parking spaces meet City requirements, Any outdoor, off-street par king areas containing six or more parking Spaces must be screened with landscaping and/or fencing from adjacent residential properties per City Code requirements, 5. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 6. All other applicable local, state, and federal requirements shall be met at all times. ATTACHMENTS: Resolution No. 2D16'1O5 Planning Report November Ip,2O16 Planning and Zoning Commission (Minutes) Resident e-mail to City Planner Application Applicant's Narrative City of Columbia Heights - Council Letter Location Map Public Works Report Dated: October 26,201G Proposed Subdivision Survey In Page 4 Aneso/ution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit in accordance with City Code Section 9.1O9(F)/3i for the property located atL 1644mAVenueNE.to be subdivided: 110143 rd X Avenue NE. Whereas, a proposal (Case #2U16-l1U2>has been submitted by Brian 8eaufeauxon behalf ofLAE Leasing, LLC to the City council requesting approval of a Conditional Use Permit from the City of Columbia Heights at the following site: m Y2Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEKS THE FOLLOWING: Conditional Use Permit approval per City Code Section 9.109 (F) (3). the Planning and Zoning Commission held a public hearing as required bv the [hvZoning Code on November 1,2D16; ' 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, nafetv and welfare of the oomn,nunityand its CornprehensivePlan, asvveUao any concerns related tocumnpatibi|ity ^uses,tnafhc, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, in accordance with the foregoing, and all ordinances and regulations of the City ofColumbia Heights, the City Council of the City of Columbia Heights makes the following: Section 9.1O4/H\ofthe 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 b one of the conditional uses listed for the Zoning district |n which the property is oris asubstantia||vsirni|aruseasdeternlinedbvthPZbningAdrninbtr8toc ' (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties, (d) The use will not substantially diminish the use of the property in the immediate vicinity. (e) The use will be designed, constructed, operated, and maintained in a manner that is compatible with the appearance 0f the existing orintended character of the surrounding area. h5 The use and property upon which the use is located are adequately served by essential public facilities and services. 6H 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. M City of Columbia Heights - Council Resolution Page 2 (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. (i) The use complies with all other applicable regulations for the districts in which it is located. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit Approval. 1. The applicant shall meet the requirements outlined in the report from the Public Works Director /City Engineer dated October 26th, 2016. 2. The applicant is required to remove the existing garage on the south end of the current lot within 6 months from the dated of City Council action. The garage must be removed before any future development can occur on the lot. 3. Before a Building Permit can be obtained for future residential development, the property owner must meet with City Engineering Staff to address localized flooding concerns. Any new development will be required to meet any Engineering requirements that are deemed necessary to mitigate future flooding, or soil erosion. 4. Future Two - Family Residential development that occurs on the lot must adhere to the City's Zoning Code requirements. The development is required to provide enclosed parking spaces that meet City requirements. Any outdoor, off- street parking areas containing six or more parking spaces must be screened with landscaping and /or fencing from adjacent residential properties per City Code requirements. 5. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 6. All other applicable local, state, and federal requirements shall be met at all times. Passed this 10' day of November, 2016 i Offered by: Seconded by: Roll Call: i Attest: Gary L Peterson, mayor Katie Bruno, City Clerk /Council Secretary 103 CASE NUMBER: 2016-1102 DATE: October %Q,Z01G TO: Columbia Heights Planning and Zoning Commission APPLICANT: Brian Beaufeaux, |AELeasing, LLC. LOCATION: 101644 th Avenue NE., Columbia Heights, MN 55421 REQUEST: Conditional Use Permit PREPARED BY: Elizabeth Holmbeck, City Planner At this time, Brian Beaufeaux on behalf of 1AE Leasing, LLC is requesting a Conditional Use Permit per Code Section 9,109 (F) (3) to allow a two-family dwelling to be built on the property located at 1016 44 th Avenue NE. IAE Leasing, LLC has recently purchased the property and is applying to have the lot subdivided to allow for future development of two-family dwelling on the newly created southern lot. The proposed Conditional Use Permit meets the guidelines in the Zoning Code. A narrative provided by the applicant i3attached. The subject property is located in the R-2A, One and Two-Family Residential District as are the properties to the north. The properties to the south, east and west, are located in the R-2A One The Comprehensive Plan guides this area for low density residential development, According to the City's Comprehensive Plan, low density residential development is defined as single family detached, and single family attached dwellings (twin-homes/duplexes), The proposed 104 City of Columbia Heights Planning and Zoning Commission November 1, 2016 Planning Report Page 2 Conditional Use Permit to allow for a two-family dwelling is consistent with the intent of the Comprehensive Plan. DESIGN GUIDELINES The subject property is not located in the Design Guideline Overlay District. 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. Two-Family dwellings are specifically listed as a Conditional Use in the R-2A, One and Two- Family Residential 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 residential uses. The use is consistent with the intent of the Comprehensive Plan as the Conditional Use Permit allows for Two-Family residential development, (c) The use will not impose hazards or disturbing influences on neighboring properties, The proposed use is defined as low-density residential and should not disrupt neighboring properties. In order to mitigate any potential disturbances, the City's Zoning Code outlines Specific Development Standards 9,107 (C) (52) and General Provisions 9.109 that address Two- Family Residential Development. (d) The use will not substantially diminish the use of the property in the immediate vicinity. The use of property in the immediate vicinity will not be diminished by residential development at 1016 44th Avenue NE. (e) The use will be designed, constructed, operated, and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. Since the surrounding area is currently comprised of a mix of single family, two-family and multiple family residential, it is anticipated that the use will be compatible with the existing and intended character of the surrounding area. Additionally, the applicant will have to abide by specific development standards, construction and engineering standards as they relate to any future development on the lot. These standards will help ensure compatibility with the appearance of the existing surrounding area. 105 City of Columbia Heights Planning and Zoning Commission November 1,2O16 Planning Report Page Kl The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct (o) Adequate measures have been or will be taken to minimize traffic congestion onthe public streets and to provide for appropriate on-site circulation of traffic. This is correct (h) The use will not cause a negative cumulative effect ' when considered in conjunction with the cumulative effect of other uses in the Since the surrounding area iscurrently comprised of mix ofsingle and multiple-fomily residential, it is anticipated that the use will be compatible with the surrounding area and not cause a negative cumulative effect on other uses in the surrounding area. (i) The use complies with all other applicable regulations for the districts in which it is located. This is correct RECOMMENDATION Staff review finds that the application meets the requirements of the Zoning Ordinance. Staff recommends that the Planning and Zoning Commission approve the proposed Conditional Use Permit for the property located at 1016 44 th Avenue NE., Columbia Heights, MN 55421. Motion: Move to wave the reading of Resolution NO. 2016-105, there being anno|e copies available to the public. Motion: That the Planning and Zoning Commission recommends that the City Council approve the conditional use permit for the property located at 1016 44 th 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 ofthe Zoning and Development Ordinance, including: I. The applicant shall meet the requirements outlined in the report from the Public Works Director/City Engineer dated October 25m,2O26. 2. The applicant is required to remove the existing garage on the south end of the current lot within 6 months from the dated of City Council action, The garage must be removed before any future development can occur oO the lot. 3. Before a Building Permit can be obtained for future residential development, the property owner must meet with City Engineering Staff to address localized flooding concerns. Any new development will be required to meet any Engineering requirements that are deemed necessary to mitigate future flooding, or soil erosion. 106 City of Columbia Heights Planning and Zoning Commission November 1, 2016 Planning Report Page 4 4. Future Two - Family Residential development that occurs on the lot must adhere to the City's Zoning Code requirements. The development is required to provide enclosed parking spaces that meet City requirements. Any outdoor, off - street parking areas containing six or more parking spaces must be screened with landscaping and /or fencing from adjacent residential properties per City Code requirements. 5. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 6. All other applicable local, state, and federal requirements shall be met at all times. ATTACHMENT'S Resolution No. 2016 -105 Application Applicant's Narrative Location Map Public Works Report Dated: October 26, 2016 107 2016 MINUTES OF NOVEMBER 1, 0t PM The meeting was called to order at 7:00 pm by Chair Szurek. Commission Members present- Schill, Hoium, and Szurek. Buesgens arrived at 7:04 pm. Members Absent: Fiorendino Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Hoium , seconded by Schill, to approve the minutes from the meeting of Oct 4th, 2016 All ayes. MOTIONPASSEID. � � r CASE NO.: 2016 -1101 APPLICANT: Brian Beaufeaux, IAE Leasing, I. LC. LOCATION: 1016 44th Avenue NE., Columbia Heights, MI's' 55421 GUEST: Minor Subdivision At this time, Brian Beaufeaux on behalf of IAE Leasing, LLC has requested a Minor Subdivision per City Code Section 9.104 (k), for the subject property located at 1016 44th Avenue NE. The applicant wishes to split the existing residential lot into two residential lots. The current lot is 19,600 sq. ft. (70' wide X 280' long). Currently, there is a single family home on the northern portion of the lot, and a detached garage on the southern end of the lot. The property has been recently sold and the new owner is proposing to subdivide the existing lot to allow for future residential development on the newly created lot. The proposed subdivision meets the guidelines in the Zoning Code. A narrative provided by the applicant is attached. ZONING ORDINANCE The subject property is located in the R -2A, One and Two - Family Residential District, as are the properties to the north. The properties to the south, east and west, are located in the R -2A One and Two Family District, the R -2B, Built as Duplexes District and R -3, Multiple Family District, COMPREHENSIVE PLAN The Comprehensive Plan guides this area for low density residential development. According to the City's Comprehensive Plan, low density residential development is defined as single family detached, and single family attached dwellings (twin - homes /duplexes). DESIGN GUIDELINES The subject property is not located in the Design Guideline Overlay District. SITE PLAN The applicant has submitted a survey of the existing conditions and legal description for the site, and a survey showing the two subdivided lots and proposed legal descriptions. The proposed subdivision of land meets the City's Zoning Ordinance in terms of lot size and lot width to approve a subdivision for the property. 108 P & Z Minutes Page 2 Nov 1, 2016 FINDINGS OF FACT Section 9.104 (K) of the Zoning Code outlines specific conditions in order for the City Council to approve a minor subdivision. They are as follows: 1. The proposed subdivision of land will not result in more than three lots, The proposed subdivision ivill result in two conforming lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. No hacation ol'existing easements will occur as a result of the minor subdivision. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. The newly created lots will both conform to the lot width and lot area requirements established.for the properly.for the properl }, 's zoning designation. 4. The proposed subdivision does not require the dedication of public rights -of -way for the purpose of gaining access to the property. This is correct. 5. The property has not previously been divided through the minor subdivision provisions of this article. This is correct. 6. The proposed subdivision does not hinder the conveyance of land. This is correct. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is correct, 8. The proposed subdivision meets all of the design standards specified in Section 9.115. This is correct. Staff review finds that the application meets the requirements of the Zoning Ordinance, Staff recommends that the Planning and Zoning Commission approve the proposed minor subdivision for the property located at 1016 44"' Avenue NE., Columbia Heights, MN 55421. Questions from members 109 P & Z Minutes Page 3 Nov 1, 2016 Public Hearinm Opened. 110 P &. Z Minutes Page 4 Nov. 1, 2016 Buesgens disagreed with him and thought a single family home would sell and explained why mixing some additional single family homes into a neighborhood such as this would help make for a better neighborhood all around. Schill asked if he decided to build a!single family home if he would leave the lot size the same as this proposal. Beaufeaux stated it would remain the same. He said the low area across the middle in the easement area is unusable anyways so it wouldn't matter which lot it is a part of. Paul Craven from 1042 43 % Avenue lives to the east of the vacant piece. He acknowledged that it is noisy due to a concentration of rental properties and that kids often times play in the streets. He said a double bungalow wouldn't be out of place, but 'a single family home certainly would be preferred. He thinks parking will be an additional' problem. Hoium asked what the conditional use is that will be considered. Holmbeck said this request is for the subdivision of the lot only and if it meets the requirements of the Zoning Ordinance. The second item that will be considered is the Conditional Use that is required before the use can operate. If he was proposing a single family home, he wouldn't need a CUP, but because he is considering the construction of a double bungalow, a CUP is necessary. Paul Ramacher wants the Planning & Zoning Commission to deny his request. Mike Guzik asked if the lot split is approved, how many of the members really believed he would ever consider building a single family home. He believes money will drive him to build another double bungalow, which the neighborhood does not need. Buesgens said it is the job of the Commission to enforce the Zoning' Ordinance. She said the owner has the right to make the request. The Code allows for this. If we vote against what is allowed by Code, it opens the door for Iegal action unless a reasonable reason is found that determines' the request to be detrimental or harmful: Schill agreed that if it meets requirements, they need to approve it legally. Szurek encouraged residents to attend the City Council meeting on November 10' as they will make the final' decision on this. The Planning & Zoning Commission is an advisory board only. She also said that the City Attorney can answer any of the legal questions they have as he will be present at that meeting, Even though it was the consensus of the Board that they don't want it developed with additional rental units in this neighborhood either, they must make their recommendation' based on whether it meets the requirements of the code. Since this meets both the Zoning Ordinance and the Comprehensive Plan, they cannot deny the request. Buesgens stated we need to make changes to the Zoning Code and the Comprehensive Plan in order to prevent this in the future if the City would like more control over the type of construction that is proposed. Public Hearing Closed. Motion by Hoium , seconded by Buesgens, to wail e the reading of Resolution NO. 2016 -104, there being ample copies available to the public. All ayes. MOTIONPASSED. 111 P & Z Minutes Page 5 Nov 1, 2016 Motion by Hoium , seconded by Buesgens, that the Planning and Zoning Commission reluctantly recommends the City Council approve the minor subdivision of the propertt% located at 1016 44'r° Avenue NE., subject to certain conditions of approval that have been found to be riecessar� to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including. 1. The applicant shall be responsible for filing the approved subdivision with the Anoka County Recorder's Office. The approved minor" subdivision 11'711 become invalid if the Subdivision is not filed wish the Anoka County recorder's Office within one year of the dale of City Council action. 2. The applicant shall meet the requirements outlined in the report , from the Public TVorks Director /City Engineer dated October 26'r', 2016. 3. The applicant is required to remove the existing garage on the south end of the current lot ivithin 6 months./rom the dated of City Council action. 4. The applicant shall provide required utility and drainage easements for all newlt; created lots and be responsible,for the cost of fling and recording li4,itten easements With the Anoka County= Recorder's Office. 5. The applicant shall pav parkland dedication fees for each lot created beyond the original number of lots existing prior to subdivisions, except when such fees have been applied to the propertl, as part of a previous subdivision. All ayes. MOTION PASSED. The following Resolution will go to the City Council November 14, 2016. RESOLUTION NO. 2016 -104 A Resolution of the Cite Council for the City of Columbia Heights, Minnesota, approving a Minor Subdivision in accordance with City Code Section 9.104 (k), for the property located at 1016 44 " Avenue NE. Whereas, a proposal (Case 4 2016 -1101) has been submitted by Brian Beaufeaux on behalf of IAE Leasing, LLC to the City council requesting approval of a minor Subdivision from the City of Columbia Heights at the following site: ADDRESS: 1016 44`i' Avenue NE. LEGAL DSCRIPTION: On file at City Hall. THE APPLICANT SEKS THE FOLLOWING: Minor Subdivision approval per City Code Section 9.104 (k), Whereas. the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on November 1. 2016; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Minor Subdivision 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; 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 Section 9.104 (K) of the Zoning Code outlines specific conditions in order for the City Council to approve a minor subdivision. They are as fellows: 112 P & Z Minutes Page 6 Nov 1, 2016 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights -of -way for the purpose of gaining access to the property. 5. The properly has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in Section 9.115. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Minor Subdivision Approval; and in granting approval the City and the applicant agree that the Minor Subdivision shall become null and void if the Subdivision has not been filed with the Anoka county Recorder's Office within one (1) calendar year after the approval date. I. The applicant shall be responsible for filing the approved subdivision with the Anoka County Recorder's Office. The approved minor subdivision will become invalid if the subdivision is not filed with the Anoka County recorder's Office within one year of the date of City Council action. 2. The applicant shall meet all the requirements outlined in the report from the Public Works Director /City Engineer dated October 260', 2016. 3. The applicant is required to remove the existing garage on the south end of the current lot within 6 months from the dated of City Council action. 4. The applicant shall provide required utility and drainage easements for all newly created lots and be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office, 5. The applicant shall pay parkland dedication fees for each lot created beyond the original number of lots existing prior to subdivision, except when such fees have been applied to the property as part of a previous subdivision. # i APPLICANT: Brian Beaufeaux, JAE Leasing, LLC. LOCATION: 1016 44`� Avenue NE., Columbia Heights, NIN 55421 REQUEST: Conditional Use Perrrdt At this time, Brian Beaufeaux on behalf of IAE Leasing, LLC is requesting a Conditional Use Permit per Code Section 9.109 (F) (3) to allow a two - family dwelling to be built on the property located at 1016 440' Avenue NE, IAE Leasing, LLC has recently purchased the property and is applying to have the lot subdivided to allow for future development of a two - family dwelling on the newly created southern lot. The proposed Conditional Use Permit meets the guidelines in the Zoning Code. A narrative provided by the applicant is attached. 113 P & Z Minutes Page 7 Nov 1, 2016 KING ORDINANCE The subject property is located in the R -2A, One and Two - Family Residential District, as are the properties to the north. The properties to the south, east and west, are located in the R -2A One and Two Family District, the R -2B, Built as Duplexes District and R -3, Multiple Family District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for low density residential development. According to the City's Comprehensive Plan, low density residential development is defined as single family detached, and single family attached dwellings (twin - homes /duplexes). The proposed Conditional Use Permit to allow for a two - family dwelling is consistent with the intent of the Comprehensive Plan. DESIGN GUIDELINES The subject property is not located in the Design Guideline Overlay District. 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. Two- Family dwellings are speeiicalty listed as a Conditional Use in the R -2A, One and Trio - Family Residential Zoning District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area.lbr residential uses. The use is consistent with the intent of the Comprehensive Plan as the Conditional Use Permit allows for Two - Family residential development. (c) The use will not impose hazards or disturbing influences .on neighboring properties. The proposed use is defined as low- densi4� residential and should not disrupt neighboring pc•operties. In order to mitigate any potential disturbances, the Cio ;s Zoning Code outlines Specific Development Standards 9.10? (C) (52) and General Provisions 9,109 that address Two- Famihv Residential Del,elopment. (d) The use will not substantially diminish the use of the property in the immediate vicinity. The use ofproperty in the innnediate vicinit }.- will not be diminished by residential dei- elopmew at 1016 44`' Avenue ,YE. (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. Since the surrounding area is currently comprised of a mix of single family, two fancily and multiple - family residential, it is anticipated that the use will be compatible with the existing and intended character of the surrounding area. Additionally, the applicant will have to abide by specific development standards, construction and engineering standards as they relate to any future development on the lot. These standards will help ensure compatibilio) with the appearance of the existing surrounding area. 114 P & Z Minutes Page 8 Nov 1, 2016 (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. This is coi-i-ect (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. Since the surrounding area is currently comprised ova nix q1'single'Mmilj, nioAinill, and multiple- fi7nilj, residential, it is anticipated that the use will be compatible ii)ith the surrounding area and not cause a negafNe cumulative 0 .fect on other uses in the surrounding area, (1) The use complies with all other applicable regulations for the districts in which it is located. This is correct. Staff review finds that the application meets the requirements of the Zoning Ordinance. Staff recommends that the Planning and Zoning Commission approve the proposed Conditional Use Permit for the property located at 1016 44"' Avenue NE., Columbia Heights, MN 55421. Questions from members: Public Hearing Opened, 115 P & Z Minutes Page 9 Nov. 1, 2016 Public Hearing; Closed. Motion by Hoium , seconded by Buesgens , to waive the reading of Resolution AU 2016 -105, there being ample copies available to the public. All ayes. AMMON PASSED, 1. The applicant shall meet the requirements outlined in the report, from the Public Works Director /City Engineer dated October 26`h, 2016. 2. The applicant is required to remove the existing garage on the south end of'the current lot within 6 months .from the dated of' Cite Council action. The garage must be removed before any future development can occur on the lot. 3. Before a Building Permit can be obtained for_future residential development, the propert>> oivner must meet with City Engineering Staff to address localized_flooding concerns. Any new development will be required to meet any Engineering requirements that are deemed necessar -y to mitigate future flooding, or soil erosion. 4. Future Two- Family Residential development that occurs on the lot must adhere to the City's Zoning Code requirements. The development is required to provide enclosed parking spaces that meet City requirements. Anv outdoor, off - street parking areas containing six or more parking spaces must be screened with landscaping and /or ,fencing fi-om adjacent residential properties per City Code requirements. S. The building and site shall be meet all requirernents.found in the Fire Code and the Building Code. 6. All other applicable local, state, and federal requirements shall be rnet at all times. All ayes, MOTIOA PASSED. The following Resolution will go to the City Council at the November 14, 2016 meeting. RESOLUTION NO. 2016 -105 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit in accordance with City Code Section. 9.109 (F) (3), for the property located at 1016 44 " Avenue NE. Whereas, a proposal (Case ## 2016-1102) has been submitted by Brian Beaufeaux on behalf of ME Leasing, LLC to the City council requesting approval of a Conditional Use Pen-nit from the City of Columbia Heights at the following site: ADDRESS: 1016 44'h Avenue NE, LEGAL DSCRIPTION: On file at City Hall. THE APPLICANT SEKS THE FOLLOWING: Conditional Use Permit approval per City Code Section 9.109 (F) (3). i>. P & Z Minutes Page 10 Nov 1, 2016 Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on November 1, 2016; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Conditional Use Pen-nit 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; 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: 1 � 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. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan, (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of the property in the immediate vicinity. (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. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (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. (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. (i) The use complies with all other applicable regulations for the districts in which it is iocated. Feather, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit Approval. I , The applicant shall meet the requirements outlined in the report from the Public Works Director /City Engineer dated October 26"', 2016. 2. The applicant is required to remove the existing garage on the south end of the current lot within 6 months from the dated of City Council action. The garage must be removed before any future development can occur on the lot. 117 P & Z Minutes Page 11 Nov 1, 2016 3. Before a Building Permit can be obtained for future residential development, the property owner must meet with City Engineering Staff to address localized flooding concerns. Any new development will be required to meet any Engineering requirements that are deemed necessary to mitigate future flooding, or soil erosion. 4. Future Two - Family Residential development that occurs on the lot must adhere to the City's Zoning Code requirements. The development is required to provide enclosed parking spaces that meet City requirements. Any outdoor, off - street parking areas containing six or more parking spaces must be screened with landscaping and/or fencing from adjacent residential properties per City Code requirements. 5. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 6. All other applicable local, state, and federal requirements shall be met at all times. i Holmbeck told members that the RFP for the Comprehensive Plan Consultant has been released in several publications so the process is moving along. The meeting was adjourned at 8:15 pm. Respectfully submitted, Shelley Hanson Secretary 118 Elizabeth Holmbeck From: BtzabethHolmbeck Sent: Thursday, November 83,20l6D:S8AM To: 'cjohnson' Cc: John K4u/zyn]r Subject: RE: Subdivision request for 1016 44th ave Hello Clifford, Thank you for your emaU I undetstand'you have concernu over additional rental property in your neighborhood, iwi8 make sure your message is i�IC]udedto the City Council before they vote on November 14' You are xvetcome to attend the public hearing which vviP be held on tklovennber 14" at 7:00pin in the City Council Chambers of City Hall (59O4Q/^ Since you were unable tm attend, lwiHgiveyouamxrnamaryof tire applicant's request and explain why |recommeoded approval of the request- The appk-ant made two, requests: a Minor Subdivision and Conditional Use Permit. First, the Minot Subdivision requestvvas rnade to adillow for the property owner to split 'he existing lot into two conforming ]ots. The applicant smbmitteda survey Q;usiratingwhat !he current dimensions and proposed dirwemsiunsfor the lot would be. The pmuposai is to. subdivide the existing Jot which is a total of 19,600 square feet in, area into two lots consisting of 7,560 So, F1. and 12, 040 Sq�, Ft, respectively, The two newly created proposed kot�seet the requirements of the, Zoning Ordinance ioternmsoftota� square footage and lot width. An order for the City Council toappra*ea subdivision ofpnuperty the application must meet the requirements mfZoning Ovdimanme. In this situation, the application nueets the requirements. Secondly, a request for Conditional Use Perrn�ij tvas made to allow; for the development of a two-farnily dwelling (twin- hornes/duplexes)on the property� in. every Zoning Distrk-t there are a list oy permitted uses and comditkonof uses. A use is typically designated ina zoning oxd�nanceasconditional because. mf hazards inherent io the use itself or because mf special problems that its proposed �wceriem may presemt, lfa proposed conditional use satisfies both the general and .specific standards set forth im the zoning ordinance, theapplcaint isemtifledto the conditional Use permit, importantly, if the applicant meets the general and specific ordinance standards, the City usually has no legal basis for denying the [UP, In this case, it is my interpretation that the appkahmm mveets the general and specific conditions which are listed in the City's Zoning Ordinance for oConditional Use Permit, For these reasons, I made the recommendation for approva) to the Planning and Zoning Commission. At the nneetinglhe Manning arid Zoning Commission heard from three residents who had concerns about the arnmumtofrental property in the neighborhood, Based on the neighbors' concerns over the concentration of rental properties in the area, they recornmended that the City Council deny the application. Specifically, they made the recornmencliatic)n to deny based on the reasoninp that the application did not meet (r) and (d) of the Findings ofFac� The Findings of Pact are required findings that the City Council must make in order to approve an appkation, For a Conditional Use Perrnit the FindirTs off Fact are as foliows: (a) The use is one of the Conditional uses |�sted for the district inwhich the property (s located, orisa subs|aotia|l-�/ similar use asdetenninadby the ZuningAdminbtrato/ (b) The use is In hatmony with the general purpose and intent of the Cornprehensive Plan, 119 (c), The use will not impose hazards or disturbing influences or neighboring properties, (d) The use will not substantially diminish the use of the property in the immediate vicinity. (e) Th* use vviU be designed, nonstruc1ed, operated end maintained in a manner that ;s compa ibhe with the appearance of the existing o' intended chamcierof the surrounding area (D The use and property upon which Vic use is}n/sted are adequately served byesseotia! public t*ci|iloesand services. (g) Adequate rneasures have been or will be taken to niinimize traffic congestion on the public streets and to provide for appropriate on-she dnculation of traffic. (h) The use will not cause a negative cumulative effect, when considered in, conjunction vviith the cumnula-live effect Of Other uses in the immediate vicinity, (i) f lie use compiles with all othe� applicable regulations for the districts in which it is iocated, Ultimately, the Planning and Zoning Commission's role is to make recornmenciat ions to the City Council and, to ensure that the application mee1s the requirements of the Zoning Ordinance and the Comprehensive Plan, The City [oum6|w8Q make the final determination on the application at the NovennberI4m City Council meeting. The concerns that were brought upat the meeting regarding rental properties, while there are valid concerns, have nothin'l; to. do with the application for a Minor Subdivision. The concerns over granting the Conditional Use Permit to, a7bwx for a1wwm-±anmQy dwelling, are based off of surrounding rental property concerns, and that the subject property because it would bea two-famUydwe8ing, vvom!d have the same probiems. While <believe it is important t o bring may have about the swrmommdi-rig remta} properties, the decision tu grant the Conditional Use Pemmitshouldn't be made based nn other property owners bad behavior, /nmy interpretation, the applicant has submitted en application which meets the mequ�remmemtsuf the Zoning Ordinance, if neighbors and residents have concerns over where two-family dwellings are currenfly permitted, the best route to take is to request that the City Council change the City's Code as it relates to zmm}wg for two-family dwellings, The City Council has the authority to change the Zoning Code which currently allows two­famjIy dwe5ingsmmthis property, more specifically inthe R-2A Reskjemtiay Zoning District, I think bis also important to note that the code allows for twxo-farniiy dwellings (duplex ur1winbmme}um the lot, and that often times these properties are owner occupied, Of course as a City, we think this is great! it provides abavger sense of ownership and responsibility on the part of the property owner. Since you are the owner ofatwm-1ami|y dwelling in the neighborhood, Cm sure you understand that just because the property is a two-family dwelling, it does not mean that the property is guaranteed to increase pwb{ems fur the neighborhood. Ultimately, it is the property owner/landlord that is responsible for the upkeep and maintenance of their property, and in turn it is the City's responsibility to ensure that property owners are keeping their properties in good The Fire Department is in charge of rental licensing. if there are coucernsover current /e/la| properties or property maintenance, please contact the, Fire DepartMent at (763) 706-8153. Again, 1 will ensure that the,. City Coundi receive your message along with myresponse. You can Find the City's 7oning, Ordinance arid Comprehensive Plan nn the websiteat , Please, let me know if you have any further comments or ques ions. | would be happy to address your concerns or to meet with you in person to diScu»S the matter if necessary 120 Sit I ce;e !Y, F lizabeth Elizabeth Hoimbeck I City Planner City of Columbia Heights Community Development Departmenj 5qO 4C' Avenue NE I Columbia Heights, VMN 55,12 eholmbeck Lcolumbiah Direct: f763) 706-3673 Main.- (763) 706-3670 From: c Johnson [mailto: roachdiff I @yahoo.com] Sent: Wednesday, November 02, 2016 2:28 PM To: Elizabeth Ho1mbeck Cc: John Murzyn Jr Subject: Subdivision request for 1016 44th ave Hello- I was planning on attending the meeting regarding this, but a family emergency made it not possible to attend. I would like to express what we would have said regarding this issue. We are opposed to the subdivision being used for a multi family housing addition. We feel that the city has too much rental property as it is, and to add more would not be wise. If you have any questions, please feel free to contact me. Thank you Clifford Johnson 1027 43 1/2 ave 651-214-1350 3 121 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: PROJECT ADDRESS/LOCATION: 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 6,1 '916 29Z'l FAX E -MAIL A U-�IA jttk AGER -MA r:; A's I "') 4 0 "1 A's ADDRESS WE CITY C'A t4'., G 4 � is kF, mlmga��� CITY 122 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 • r $ 100 1 • 0 CITY RECEIPT NUMBER I (p q ?3 13 - 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: Revised: 2006 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 123 9/28/2016 Brian Beaufeaux JAE Leasing, I.I.C. 30589 University Ave NE Cambridge, MN 55008 Elizabeth Holmbeck City Planner, City of Columbia Heights Community Development Department 590 40" Avenue NE Columbia Heights, MN 55421 Dear Ms. Holmbeck IAE Leasing is submitting an application to split the lot located at 1016 441h Ave NE per the attached survey dated 9/8/16. IAE Leasing is currently upgrading the house located on "Parcel A" and plans on selling it this fall. If the lot split is approved, we plan on building a two family home on "Parcel B" or selling "Parcel B" for development by others. IAE Leasing submits the following findings: a) The proposed subdivision of land will result in two lots. b) The proposed subdivision of land does not involve the vacation of existing easements. c) Both lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. d) The proposed subdivision does not require the dedication of public rights -of -way for the purpose of gaining access to the property. Parcel A has access to 441" Ave NE and Parcel B has access to 43 % Ave NE. e) The property has not previously been divided through the minor subdivision provisions of article 1: Zoning and Land Development. f) The proposed subdivision does not hinder the conveyance of land. g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. h) The proposed subdivision meets all of the design standards specified in 9.109 Residential Districts. Please do not hesitate to contact me if you have any questions or need additional information to start the review process. Sincerely, Brian Beaufeaux Chief Manager IAE Leasing, LLC. 124 CITY OF COLUMBIA HEIGHTS Public Works Department TO: ELIZABETH HOLMBECK, CITY PLANNER FROM: KEVNHANSE0 PUBLIC WORKS DIRECTOR/CITY ENGINEER DATE: October 2G,3O26 SUBJECT: 101644 m Avenue | have reviewed the lot split request dated O8/11/1G, and have the following • This property as well as neighboring properties isina low spot, os determined from contour information. The low spot experiences major localized flooding during storm events. • Any future building development on the proposed lot will need to be above the 100-year flood elevation to prevent future flooding of the new structure. • Staff recommends removal of the existing garage asitisjn the area that experiences flooding. • No additional fill may be brought on to the property —the area that floods should be left as low, or lower than the area as the surrounding properties. Any excess fill developed from the construction ofa home shall be removed from the property. • Any new buildings on the 43-1/2 side should be kept as far south or toward the street as code allows -tO maintain the existing area that is subject to flooding. If you have any questions or need further information, please contact me at (763) 706-3705. C: Lauren LetscheStonnwaterSpecialist Kathy Young, Assistant City Engineer KH:kh FOR IAE LEASING I HEREBY CERTIFY THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM DULY LICEEryry ND SURVEYOR UNDER THE i(A"F THMA„T� OR"MINN TA. Randy L. Kurth, L.L.S. No. 20270 Russell J. Kurth, L.L.S. No. 16113 G3�= / %FP I I �I . o •960 mo �ZI 1.5-3-ST r CERTIFICATE OF SURVEY (MEASUREMENTS SHOWN IN FEET AND DECIMALS OF A FOOT) DATE 9 -8 -2016 KURTH SURVEYING, INC. O = IRON PIPE MONUMENT SET 4002 JEFFERSON ST. N.E. COLUMBIA HEIGHTS, MN 55421 0 = IRON PIPE MONUMENT FOUND P1i0.1� (763j 788 -9769 FAX (763) 788 -7602 X = SPIKE SET E -MAIL: ksi®kurthsurveyinginc.com. AVENUE N 89'38'45 "E - o.00- —5. EXCEPTION FOR ROAD STREET d UTILITY EASEMENT ooc. No's x71910, 860361 A 80636x- BsB - 34.6' 39• "1016 GAR . t - S - ST 19 m 90J M1v s BSB PARCEL B 7560 SO. FT. (Rroee U, hdy 118.) 6460 s0. FT. Ina m read Ro.l 1 s I I I F- fh 6 _ J ' .m •981 z -NORTH LINE, SOUTH 202.0' PARCEL A 12M. SOFT. Tea, t. road Rnd ----------------- - - - - -= 5' STORM SEMER F1uEYFNf -OOC. NO. 237,e n N.E. —NORTH LINE OF LOT 14, BLOCK 2 PROPOSED PROPERTY DESCRIPTION - PARCEL A The south 202.0 feet west 70.0 feet of Lot 14, Block 2, RESERVOIR HILLS, Anoka County, Minnesota. Subject to an easement For roadway purposes over the south 30.0 feet thereof. •1020 0 0 PROPOSED PROPERTY DESCRIPTION - PARCEL B S a I_ cARACe � r f. 213 c 11, 'Y:' , � _ a _ m 1 -S -ST 7` BSB \ - -- 70.0 -- \ N 89'38,45 „E >30” ROAD EASEMENT � r 1 ':I r 1 'a ) .I ;.._. o 0 N 2 •1013 i -s -s L That part of west 70.0 feet of Lot 14, Block 2, RESERVOIR HILLS, Anoka County, Minnesota, lying south of the north 5.0 feet and north of the south 202.0 feet thereof. — - = CHAIN LINK FENCE (CLF) 0 30 = WOOD PRIVACY FENCE (WPF) PARCEL AREA B BREAKDOWNS SCALE iN Parcel A BITUMINOUS SURFACE REV. 9 -19 -2016 = El CONCRETE SURFACE (areas- setback Sq F - corners set) r' j = PATIO BLOCKS REV. 10 -10 -16 L_J Ft (city comments) Drive Area = = 980 S REV. 1i -9 -16 — BsB- -- = BUILDING SETBACK LINE (parcel areas) N.E. —NORTH LINE OF LOT 14, BLOCK 2 PROPOSED PROPERTY DESCRIPTION - PARCEL A The south 202.0 feet west 70.0 feet of Lot 14, Block 2, RESERVOIR HILLS, Anoka County, Minnesota. Subject to an easement For roadway purposes over the south 30.0 feet thereof. •1020 0 0 PROPOSED PROPERTY DESCRIPTION - PARCEL B S a I_ cARACe � r f. 213 c 11, 'Y:' , � _ a _ m 1 -S -ST 7` BSB \ - -- 70.0 -- \ N 89'38,45 „E >30” ROAD EASEMENT � r 1 ':I r 1 'a ) .I ;.._. o 0 N 2 •1013 i -s -s L That part of west 70.0 feet of Lot 14, Block 2, RESERVOIR HILLS, Anoka County, Minnesota, lying south of the north 5.0 feet and north of the south 202.0 feet thereof. r Rear Patio = 425 Sq Ft (I _�_souTH LINE Or LOT 14, BLOCK 2 43112 AVENUE N.E. (6o' R /W) I RLK....City or CH\Reservoir H1115\14 -2 split cert.gxd 36 -30 -24 book 11544. page 29529 PARCEL AREA B BREAKDOWNS Parcel A Total Area = = 12,040 S Sq F Ft Garage Area = = 512 S Sq F Ft Drive Area = = 980 S Sq F Ft 'I Parcel B Total Area = = 7560 S Sq F Ft Hse -Gar Area = = 1386 S Sq F Ft Drive Area = = 837 S Sq F Ft _�_souTH LINE Or LOT 14, BLOCK 2 43112 AVENUE N.E. (6o' R /W) I RLK....City or CH\Reservoir H1115\14 -2 split cert.gxd 36 -30 -24 book 11544. page 29529 401 0- AGENDA SECTION Items for Consideration ITEM NO. 9Aa MEETING DATE NOVEMBER 9, 2016 ITEM: Request Approval of Ordinance No. 1636 /Establishing Regulations For the Residency Location Of Predatory Offenders Within the City. DEPARTMENT: Police KjQVAJVJy1j0rATCJj1 Alaa BY /DATE: Scott Nadeau /November 9, 2016 ( BY /DATE: Those offenders who are given a "Level 3" status are those deemed most likely to reoffend. To be assigned a level, an offender must be released from a prison. Offenses such as Criminal Sexual Conduct, False Imprisonment, Soliciting a Minor to Engage in Prostitution, and 1St Degree Murder are some examples of offenses that qualify as predatory offenses. Currently there are four Level 3 offenders living in Columbia Heights and Hilltop, giving our communities one of highest densities of sex offenders in the State of Minnesota. The temporary moratorium that was passed in the last year has helped to limit the number of Level 3 offenders in our city and ensure a more equitable distribution to other communities. Additionally a number of Hennepin County communities now have restricted placement of Level 3 offenders and there are also now seven communities in Anoka County (according to Anoka County Community Corrections) that have restrictions on Level 3 offenders, which necessitates our need of an ordinance. The City of Hilltop has also adopted an ordinance establishing a moratorium on Level 3 offenders locating within their city. STAFF RECOMMENDATION: The Police Department recommends approval of this permanent ordinance. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Ordinance No. 1636, establishing regulations for the residency location of predatory offenders within the city, there being ample copies available to the public. MOTION: Move to schedule the second reading of Ordinance No.1636, being an ordinance regulating the residency location of predatory offenders within the city for November 28, at approximately 7:00 p.m. in the City Hall Council Chambers. ATTACHMENTS: Ordinance 1636 128 ORDINANCE ESTABLISHING REGULATUONS FOR THE RESIDENCY LOCATION OF PREDATORY OFFENDERS WITHIN THE CITY WHEREAS, predatory offenders present a significant threat to the public safety of the community as a whole, especially children, females, and vulnerable populations. Predatory offenders are likely to use physical violence and to repeat their offenses. The cost of predatory offender victimization to society at large, while not precisely calculable, is significant; and WHEREAS, the City Council fmds that a disproportionately high number of predatory offenders are being placed in the City and it is in the best interest of the public to study and consider options for addressing and minimizing the public safety impacts of such placements; and WHEREAS, the City may amend and enact ordinances and regulations under its police powers as it sees fit, including through the adoption of moratoria and temporary regulations enacted to allow the City sufficient time to prepare and adopt permanent regulations; and WHEREAS, the Council has previously enacted a temporary ordinance limiting the residency location of predatory offenders in order to study and consider a permanent ordinance limiting the residency location of predatory offenders within the City; and WHEREAS, the City has evaluated the need to limit /prohibit certain predatory offenders from establishing temporary or permanent residence in certain locations where children are known to regularly congregate in a concentrated number; and WHEREAS, the City has a compelling interest in promoting, protecting and improving health, safety and general welfare of the City's citizens. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights, Minnesota, as follows: Section 1. Definitions The following words, terms, and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1.01 "Child" means any person under the age of eighteen (18). 1.02 "Designated predatory offender" means any person who has been categorized as a Level Ill predatory offender under Minnesota Statutes, Sec. 244.052, any successor statute, or a similar statute from another state in which that person's risk assessment indicates a high risk of re- offense. 1.03 "Permanent residence" means a place where a person abides, lodges, or resides for 14 or more consecutive days, 129 1.04 "Temporary residence" means a place where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or non - consecutive days in any month and which is not the person's permanent residence. 1.05 "School" means a public or non- public elementary or secondary school. 1.06 "Licensed child care center" means a group child care center currently licensed by the applicable County or the State of Minnesota. 1.07 "Public playground" means a publicly- owned, improved park or other outdoor area designed, equipped, and set aside primarily for children's play. Section 2. Regulations on Predatory Offenders 2.01 It shall be unlawful for any designated predatory offender to establish a permanent or temporary residence within 2,000 feet of any school, licensed child care facility, public playground, or any other place where children are commonly known to regularly congregate. 2.02 For purposes of determining the minimum distance separation required by this Section, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence of the designated predatory offender to the nearest outer property line of the protected property. 2.03 A designated predatory offender residing within a prohibited area as described in this Section does not commit a violation of this Ordinance if any of the following apply: A. The person established the permanent or temporary residence and reported and registered the residence pursuant to Minnesota Statutes, Sec. 243.166 and 243.167 or any successor statute, prior to the effective date of this ordinance; B. The school, licensed child care center, or public playground within 2,000 feet of the person's permanent or temporary residence was opened after the person established such residence and reported and registered the residence pursuant to Minnesota Statutes, Sec. 243.166 and 243.167, or any successor statute; C. The residence is also, as of the effective date of this ordinance, the primary residence of the person's parents, grandparents, siblings, or spouse; or D. The residence is a property purchased, leased, or contracted with and licensed by the Minnesota Department of Corrections prior to the effective date of this ordinance. Section 3. Enforcement 130 3.01 A violation of this Ordinance shall be a misdemeanor. In addition, the City may enforce this Ordinance by mandamus, injunction, or other appropriate civil remedy in any court of competent jurisdiction, or through any administrative penalties program of the City Code. Section 4. Effective Date 4.01 This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: November 14, 2016 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Katie Bruno City Clerk/Council Secretary 131 AGENDA SECTION Items for Consideration ITEM NO. 9Ab MEETING DATE NOVEMBER 14, 2016 ITEM: I Proposed Ordinance Regarding Proposed Massage Licensing Changes — First Consideration DEPARTMENT: Community Development CITY MANAGERS APPROVAL: BY /DATE: Joe Hogeboom/ 10 -27 -16 BY /DATE: The City of Columbia Heights currently regulates the operation of massage businesses, as well as the operation of individual massage therapists, through City Code, Section 5.609. Because massage therapy licensing is done on a city - level, and not regulated through counties or through the state, each city has different requirements and price structures. Columbia Heights' fee structure is as follows: Establishment Annual Fee $500 Therapist Annual Fee $100 Establishment One Time Background Investigation Fee $250 Therapist One Time Background Investigation Fee $250 City Code currently does not distinguish between commercial establishments, such as spas, chiropractic clinics, retail businesses, etc., and in -home businesses. There are several massage therapists in Columbia Heights who operate out of their own homes, or who visit clients in the client's homes. The proposed ordinance provides a distinction between in -home therapy businesses and businesses that operate out of a commercial establishment. The proposed ordinance would eliminate the requirement for in- home operators to obtain a Massage Establishment License. Under this proposal, all therapists would still need to obtain annual Massage Therapist Licenses. Additionally, new therapists and new commercial establishments would still be subject to a one -time background investigation fee. Staff recommends approval of Ordinance No. 1635, amending Section 5.609 of City Code to provide a distinction between commercial massage business operations and non - commercial massage businesses. • • • Motion: Waive the reading of Ordinance No. 1635, there being ample copies available to the public. Motion: To schedule the second reading of Ordinance No. 1635, amending Section 5.609 of City Code to provide a distinction between commercial massage business operations and non - commercial massage businesses for November 28, 2016 at approximately 7:00 p.m. in the City Hall Council Chambers. ATTACHMENTS: Ordinance No. 1635 (2 pages) 132 The City of Columbia Heights does ordain: SECTION 1: § 5'609 /A\/1>LICENSE REQUIRED. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (A) License required. commercial area shali op�trate without a license issued pursuant to the provisions ofthis City Code of2OOS, is proposed to include the following addition and shall hereafter read a3 follows, to wit: /R\ Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning, MASSAGE THERAPIST. Any person who, for o fee, rubs, presses, strokes, kneads, taps, rolls, pounds, vibrates or stimulates these superficial parts of the human body with the hands or any instrument. MASSAGE THERAPY BUS/NESS. Any person, partnership or corporation, either aSprincipal or agent, who engages in the business of massage therapy or the employment of others performing massage therapy for a feeJor which the business is located within a commercial SECTION 3 § 5.GD9 Location (l) (2) Code nf2OO5 is proposed to include the following addition and shall hereafter read as follows, to wit: (G) Location. 133 This Ordinance shall be in full force and effect from and after 30 days after its passage. First reading: Offered by: Seconded by: Roll call: Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 134 11i I- • AGENDA SECTION Items for Consideration ITEM NO. 9Ac MEETING DATE NOVEMBER 14, 2016 ITEM: I Official City Logos, Style Guide and Brand Amendment DEPARTMENT: Community Development I CITY MANAGER'S APPROVAL: BY /DATE: Joe Hogeboom/ November 8, 2016 I BY /DATE: In April, 2015, the City Council adopted revised official logos, an official style guide and an official "brand" for the City of Columbia Heights. Since that time, Columbia Heights has incorporated the new City logo into infrastructure signage, vehicle signage, official documents, and other promotional devices. At the time of initial brand adoption, the City adopted the official tagline, "Rediscover the Heights ". On August 22, 2016, the City Council amended the City's Official City Logos, Style Guide and Brand to include the additional tagline, "Columbia Heights: All- America City". At a recent City Council Work Session meeting, the City Council also discussed the possibility of adopting the tagline, "Columbia Heights: City of Peace ", to reflect the City of Peace initiative that has been ongoing for the past decade. While the consensus of the City Council was to bring the matter forward to an official City Council meeting for a vote, there was concern raised over the fact that the "City of Peace" tagline is associated with the Mayor's Activity Fund, which is a non- profit account established to help sponsor community events and other local non - profit initiatives. The concern centered on the fact that the City is prohibited from fundraising and other activities performed under the umbrella of the Mayor's Activity Fund, and comingling taglines for the City and the Mayor's Activity Fund may give the appearance of impropriety. The City Attorney has been consulted on this matter, and has advised that there is no legal issue with the City adopting the "City of Peace" tagline. The concern, rather, centers on messaging and brand consistency. An illustration of the proposed logo and tagline applications is attached for your reference. As a compromise to this issue, the City Council could choose to approve the use of the tagline, but also direct the City's Communications Committee to produce guidelines as to when it would be applicable to use the "City of Peace" branding for City purposes. The attached resolution is supportive of the tagline, but references the creation of use guidelines. Wfirce �M Staff recommends approval of Resolution No. 2016 -107, amending Official Logos, Style Guide and Brand for the City to include the additional tagline of "Columbia Heights: City of Peace ". RECOMMENDED MOTION(S): Motion: Waive the reading of Resolution No. 2016 -107, there being ample copies available to the public. Motion: Move to approve Resolution No. 2016 -107, being a Resolution amending Official Logos, Style Guide and Brand for the City to include the additional tagline of "Columbia Heights: City of Peace ". ATTACHMENT: Resolution No. 2016 -107 (1 page), Logos Illustrations (1 page) 135 A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, the Economic Development Authority (EDA) set a goal at its 2014 retreat to develop a brand for the City that builds upon its positive aspects and unique character, and; Whereas, the City Council officially adopted new Logos, Style Guide and Brand for the City via Resolution 2015 -33 on April 27, 2015, and; Whereas, the current official City taglines are "Rediscover the Heights" and "All- America City ", and; Whereas, the additional official City tagline of "City of Peace" is appropriate for use in certain official City applications. 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 hereby amends the Official Logos, Style Guide and Brand of the City to include the "City of Peace" official tagline. Be it further resolved that the City Council direct the City's internal Communications Committee to produce guidelines to direct use of all official taglines of the City. Passed this day of , 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 136 i Y 137