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HomeMy WebLinkAbout10-08-2018 CCP1. 2. 3. Columbia Heights All-Amerin 04 � r Q 2016 CALL TO ORDER /ROLL CALL 0 ON COLUMBIA HEIGHTS www.columbiaheightsmn.gov AGENDA CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 590 401h AVE NE MONDAY, OCTOBER 8, 2018 7:00 PM INVOCATION- Invocation provided by Bob Lyndes, Crest View PLEDGE OF ALLEGIANCE 4. MISSION STATEMENT Mayor Donna Schmitt Councilmembers Robert A. Williams John Murzyn, Jr. Connie Buesgens Nick Novitsky City Manager Walter R. Fehst Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally - responsible FIIYTITIT -TIS 5. APPROVAL OF AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Sister Cities Proclamation pg 3 7. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council pg 4 MOTION: Move to approve the minutes of the City Council meeting of September 24, 2018 B. Accept Board & Commission Meeting Minutes MOTION: Move to accept the Economic Development Authority minutes from September 4, 2018. pg 20 MOTION: Move to accept the Planning Commission minutes from September 5, 2018. pi; 28 C. Second Reading of Ordinance No. 1652, an ordinance amending Ordinance No. 1616, pg 36 City Code of 2014, relating to the use of Tobacco License Requirements within the City of Columbia Heights MOTION: Move to waive the reading of Ordinance No. 1652, there being ample copies available to the public. MOTION: Move to approve Ordinance No. 1652, being an ordinance amending Ordinance No. 1616, City Code of 2014, relating to the use of Tobacco License Requirements within the City of Columbia Heights. MOTION: Move to approve the summary of Ordinance No. 1652, as presented for publication in the legal newspaper of Columbia Heights. City of Columbia Heights Citv Council Agenda October 8, 2018 Page 2 pg 39 D. Upgrade to Public Safety Building Security Cameras MOTION: Move to approve the expenditure of $20,075 to upgrade the current camera system at the Public Safety Building, as well as adding additional internal and external cameras and support equipment. E. Approve Business License Applications pg 47 MOTION: Move to approve the items as listed on the business license agenda for October 8, 2018. F. Review of Bills pg 49 MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list of claims paid by check and by electronic funds transfer in the amount of $960,417.95. MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS pg 61 A. Resolution No. 2018 -76, approving a variance for the property located at 1020 Lincoln Terrace MOTION: Move to waive the reading of Resolution No. 2018 -76, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2018 -76, approving a variance for the property located at 1020 Lincoln Terrace NE. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. CITY COUNCIL AND ADMINISTRATIVE REPORTS 11. COMMUNITY FORUM At this time, individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form for the Council Secretary's record, and limit their comments to five minutes. Individuals are asked to state their name for the record. The City Council will listen to the brief remarks, ask clarifying questions, and if needed, request staff to follow up or direct the matter to be added to an upcoming agenda. Generally, the City Council will not take official action on items raised at the Community Forum at the meeting in which they are raised. It has been a long- standing practice that the Community Forum not be used as a platform for campaigning or voicing positions for or against any candidate running for political office. 12. ADJOU MENT Walt Fehst, City Manager Auxiliary aids or other accommodations for disabled persons are available upon request when the request is made at least 48 hours in advance. Please contact the City Clerk at 763 - 706 -3611 or kbruno @columbiaheightsmn.gov to make arrangements. PROCLAMATION OCTOBER - 2018..... POLISH AMERICAN HERITAGE MONTH WHEREAS, October is Polish- American Heritage Month, a national celebration of Polish Heritage founded in Philadelphia, Pennsylvania, in 1981, to bring attention to the contributions of Poles and Polish Americans to the United States and the World. WHEREAS, our Columbia Heights, MN /Lomianki, Poland, Sister Cities International, organization is celebrating its 27th Anniversary. This all volunteer group has been productive and effective since a task force of community activists was called together by Founder, Dolores Puente Strand, in late 1989 after receiving approval from then Mayor Dale Hadtrath. WHEREAS, our Sister Cities' members have been true to our original goals: promoting educational, humanitarian, civic and cultural activities. WHEREAS, our dedicated members have successfully sponsored a variety of projects this past year, such as: Sponsored the SCI Showcase for Young Artists with the cooperation of the Columbia Heights High School and Columbia Academy art departments. A very successful public open house was held on March 2, 2018. We hosted a reception on May 8, 2018, at the Columbia Heights Library to celebrate the publication of "Frantic 7 ", the World War II documentary of American B -17 bombers dropping deliveries of food and supplies to Poles during the Warsaw Uprising It was written in Polish by Jerzy Szczesniak of Warsaw. We financed the translation into English for U.S. publication. It is now available on Amazon. We participated in the Lions' Jamboree Community Celebration by having an entry in the parade and donating to the prize money fund awarded to Heights Idol winners. Our group hosted a tabletop display for our Sister Cities at the Community Picnic on June 19, 2018. Chairperson Gloria Bergstrom coordinates the donation of boxes of English books for Lomianki schools. Patricia Sowada coordinates the greeting card exchange between Highland Elementary and an elementary school in Lomianki. A Linden tree (national tree of Poland) will be planted in Lomianki Park to commemorate the 100th anniversary of Polish independence ... sharing in a global project - courtesy of the City of Columbia Heights Public Works Department. Dziekuje! Member Mary Jerde was in Lomianki this September representing our community at their solemn memorial services for our American Flyers. She presented a special plaque from our City to the City of Lomianki. Stop and see the special displays at our Library for the month of October arranged by Frania Jensen, Esther Guzik, "General" Edward and Ceil Sikorski. We have also donated four historical fiction novels. Members Karen Karkula and Dolores Strand are on the planning committee for the elegant Poland Independence Centennial Celebration Gala to be held at the Minneapolis Institute of Arts on November 10, 2018, sponsored by the Polish American Cultural Institute (PACIM). NOW, THEREFORE, BE IT PROCLAIMED, that I, DONNA K. SCHMITT, MAYOR OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, do hereby designate October, 2018, as: POLISH AMERICAN HERITAGE MONTH in Columbia Heights, Minnesota. (Seal) Mayor Donna K. Schmitt OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING SEPTEMBER 24, 2018 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday, September 24, 2018 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota 1. CALL TO ORDER /ROLL CALL Council President Novitsky called the meeting to order at 7:02 p.m. Present: Council President Novitsky, Councilmember Williams, Councilmember Murzyn, Jr., and Councilmember Buesgens Absent: Mayor Schmitt Also Present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Keith Dahl, Economic Development Manager; Gary Gorman, Fire Chief; and Katie Bruno, City Clerk /Council Secretary 2. INVOCATION Invocation provided by Linda McCollough, Community United Methodist Church 3. PLEDGE OF ALLEGIANCE 4. MISSION STATEMENT, Read by President Novitsky Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally - responsible and customer friendly manner. S. APPROVAL OF AGENDA Council President Novitsky announced the addition of Item 613; Announcement from HeightsNext, and the removal of Item 7D. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Buesgens to approve the agenda as amended. All Ayes, Motion Carried. 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Domestic Violence Awareness Month Proclamation President Novitsky read the proclamation in its entirety. B. Announcement from HeightsNext Frost Simula, representing HeightsNext announced the Fall Perennial Plant Exchange and Movie are scheduled for September 25th at 6:30 PM at Kordiak Park. 7. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of September 10, 2018 City Council Minutes September 24, 2018 Page 2 of 16 B. Approve Memorandum of Understanding and a Voluntary Cost Sharing Agreement MOTION: Move to approve the Memorandum of Understanding for Anoka County Economic Development by and among the County of Anoka, Connexus Energy, MetroNorth Chamber of Commerce, and Participating Municipalities within Anoka County. MOTION: Move to approve the Voluntary Cost Sharing Agreement for Anoka County Economic Development by and between the County of Anoka and the City of Columbia Heights. Motion: Move to authorize the City Manager, or his or her designee, to take all actions necessary on behalf of the City to perform the purposes of the foregoing Memorandum of Understanding and Voluntary Cost Sharing Agreement, including without limitation to execution of any and all documents to which the City is a party referenced. C. Adopt Resolution 2018 -75 Being A Resolution Establishing Amount Of City Share and amount of Special Assessments On Projects To Be Levied MOTION: Move to waive the reading of Resolution 2018 -75, there being ample copies available for the public. MOTION: Move to adopt Resolution 2018 -75 being a resolution establishing amount of City share and amount of special assessments on projects to be levied. D. SECOND READING of Ordinance No. 1651, being an ordinance amending City Code of 2005 relating to zoning and land development, and removing the planning and zoning fee schedule from the zoning code. MOTION: Move to waive the reading of Ordinance No. 1651, there being ample copies available to the public. MOTION: Move to approve Ordinance No. 1651, being an ordinance amending City Code of 2005 relating to zoning and land development, and removing the planning and zoning fee schedule from the zoning code. MOTION: Move to approve the summary of Ordinance No. 1651, as presented for publication in the legal newspaper of Columbia Heights. E. Consideration of approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for September 24, 2018, in that they have met the requirements of the Property Maintenance Code. F. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for September 24, 2018. G. Review of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list of claims paid by check and by electronic funds transfer in the amount of $1,527,521.63. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to approve the consent Agenda as presented. All Ayes, Motion Carried. 8. PUBLIC HEARINGS A. First Reading of Ordinance No. 1652, an ordinance amending Ordinance No. 1616, City Code of 2014, relating to the use of Tobacco License Requirements within the City of Columbia Heights City Council Minutes September 24, 2018 Page 3 of 16 Keith Dahl, Community Development Manager reported that the City licenses establishments to sell tobacco, tobacco products, or tobacco related devices. If a licensed tobacco establishment desires to allow customers or potential customers to sample a portion of their tobacco product on -site, they may apply for an additional Smoke Shop License through the City. In an effort to regulate and control the amount of licensed tobacco establishments that have on -site sampling, the City only allows 4 Smoke Shop Licenses to be issued in a given year with the exising establishments receiving first preference for license renewal. Yafa Hookah Bar voluntarily surrendered their Smoke Shop License for the property located at 4110 Central Ave NE in July. If the City Council desires to reduce the available Smoke Shop Licenses in 2019 from 4 to 3, an ordinance shall need to be adopted changing City Code accordingly. Motion by Councilmember Buesgens, seconded by Councilmember Williams to waive the reading of Ordinance No. 1652, there being ample copies available to the public. All Ayes, Motion carried Motion by Councilmember Buesgens, seconded by Councilmember Williams to set the second reading of Ordinance No. 1552, being an ordinance amending Ordinance No. 1616, City Code of 2014, relating to the use of Tobacco License Requirements within the City of Columbia Heights, for October 8, 2018 at approximately 7:00 P.M. in the City Council Chambers. All Ayes, Motion carried B. Adopt Resolution Number 2018 -63, being declarations of nuisance and emergency abatement of violations within the City of Columbia Heights regarding property 950 40th Ave. N.E. Gary Gorman, Fire Chief reported that the elevator lobby and the top 3 levels of the parking ramp located at Central Ave and 40th Ave has been vandalized. The stair tower and elevator lobby have been secured at a cost of $11,031. Motion by Councilmember Buesgens, seconded by Councilmember Williams to close the public hearing and to waive the reading of Resolution Number 2018 -63, being ample copies available to the public. All Ayes, Motion carried Motion by Councilmember Buesgens, seconded by Councilmember Williams to Adopt Resolution Number 2018 -63, being resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the emergency abatement of violations from the property pursuant to City Code section 8.206. All Ayes, Motion carried C. Consideration of declarations of nuisance and abatement of violations within the City of Columbia Heights is requested regarding the properties at 965 42'/: Avenue NE, 1150 Polk Place NE, 2127 45th Avenue NE, 4245 University Avenue NE, 44212'/: Street NE, 4636 Fillmore Street NE, and 4660 Heights Drive NE, for failure to meet the requirements of the Residential Maintenance Code. Gary Gorman, Fire Chief reported that all of the properties required tree stump removal to within 2 -4 inches below ground level as required. Motion by Councilmember Buesgens, seconded by Councilmember Williams to close the public hearing and to waive the reading of Resolution Numbers 2018 -68 - 2018 -74, there being ample copies available to the public. All Ayes, Motion carried Motion by Councilmember Buesgens, seconded by Councilmember Williams to adopt Resolution Numbers 2018 -68 — 2018 -74, being resolutions of the City Council of the City of Columbia Heights declaring the properties listed nuisances and approving the abatement of violations from the properties pursuant to City 6 City Council Minutes September 24, 2018 Page 4 of 16 Code section 8.206. All Ayes, Motion carried D. Consideration of revocation of the license to operate a rental unit within the City of Columbia Heights is requested against the rental property at 1114 40th Avenue NE for failure to meet the requirements of the Residential Maintenance Codes. *REMOVED 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions a. Resolution 2018 -50 adopting a Proposed Budget for the Year 2019, Setting the Proposed City Levy, Approving the HRA Levy, Approving a Tax Rate Increase, and establishing a Budget Hearing Date for Property Taxes Payable in 2019. Joe Kloiber, Finance Director reported that as required under the city charter, the city manager provided the city council with a proposed 2019 budget and tax levy at a council meeting in August. The city council must adopt a proposed budget and tax levy resolution by September 30th to begin the state - mandated Truth -in- Taxation process. The city council must also adopt a final version at a budget hearing in December. The final tax levy can be less than, but not greater than, the proposed levy. This allows counties to mail each taxpayer a notice in November stating the proposed tax on each property. Kloiber indicated that one important piece of information, that was not available when the proposed 2019 budget was compiled, is the amount of the 2019 Area -Wide Fiscal Disparities Subsidy. Available data now shows this subsidy of $3.1 million will decrease by $16,000 or 0.5% for 2019. The fact that property values in Columbia Heights increased by more than the metro average for both 2018 and 2019 was the primary reason this subsidy will not increase for 2019. City Manager Walt Fehst clarified that the actual expenditure of the City is an increase of 3.6 %, even though the proposed levy is 5.5 %. Kloiber explained 1.2% is included to expand the Economic Development Program. Additionally, the City has increased the property tax levy by approximately 1.5% in order to use less Local Government Aid in the operating fund. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution 2018 -50, there being ample copies available to the public. All Ayes, Motion carried Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to adopt Resolution 2018 -50, being a resolution adopting a proposed budget for the year 2019, setting the proposed city levy, approving the HRA levy, approving a tax rate increase, and establishing a budget hearing date for property taxes payable in 2019 of December 10, 2018, at approximately 7:00 p.m. in the city council chambers. All Ayes, Motion carried B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Councilmember Buesgens attended the Community United Methodist Church Rummage sale, she was pleased that the church, along with 990 households are signed up for the organics waste program. She attended the Dog Day Afternoon, and the Improving Local Economies Committee. Buesgens announced that some of the local clergy and residents will be attending a weekly police academy. Councilmember Williams announced a reception is being planned for Anoka County Commissioner Jim Kodiak on November 141H Councilmember Murzyn, Jr. attended the Fire Department Open House, he reported there was a good turnout. City Council Minutes September 24, 2018 Page 5 of 16 Council President Novitsky participated in the Keyes Park Tree Planting. Special thanks were extended to The Home Depot, Boise Cascade Paper, Treetrust and the citizens who volunteered. Columbia Heights hosted the 11th Annual Walk for Apraxia at Sullivan Park, the event was very successful. City Manager Walt Fehst commented on a recent article in the newspaper regarding HyVee. Fehst confirmed that HyVee owns the property in Columbia Heights, and they have obtained approval for the gas station and coffee shop at 47th and Central. HyVee has indicated they will likely begin the project in 2019. City Manager Fehst reminded the council members to pick up their department specific budget books from the City Clerk following the meeting. 11. COMMUNITY FORUM Frost Simula -1700 49th requested information regarding the Mayor and Staff's recent meeting with the St Paul Association of Realtors. Keith Dahl, Economic Development Manager reported the meeting was to give city Staff an understanding of the real estate market and trends in Columbia Heights, and to look at ways to showcase the City to area realtors. 12. ADJOURNMENT Motion by Councilmember Buesgens, seconded by Councilmember Williams to adjourn. All Ayes, Motion carried. Meeting adjourned at 7:44 p.m. Respectively Submitted, Katie Bruno, City Clerk /Council Secretary RESOLUTION 2018 -50 ADOPTING A PROPOSED BUDGET FOR THE YEAR 2019, SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, APPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2019. Now, 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 Section A. The budget for the City of Columbia Heights for the year 2019 is hereby approved and adopted with appropriations for each of the funds listed below: Revenue Expense Governmental Funds 12,502,000 12,678,477 General Fund Planning & Inspections 503,600 503,600 Economic Development Authority 244,600 244,600 Admin. Cable Television 217,425 204,325 Library 1,002,700 1,002,700 City Council Minutes September 24, 2018 Page 6 of 16 After School Programs 22,000 44,300 21st Century Arts - 45,300 Downtown Parking 25,000 25,000 Capital Project Funds 7,031,125 13,869,746 Debt Service Funds 1,619,529 1,819,100 Debt Proprietary Funds Capital Assets Principal Paid (Adv. Water Fund 3,391,050 2,976,683 452,500 186,000 Sewer Fund 2,100,773 2,312,335 27,500 53,400 Refuse Fund 2,089,308 2,007,887 - - Storm Sewer Fund 890,197 981,068 73,600 Liquor Fund 8,923,400 8.794.800 245,000 Municipal Service Center 911,750 973,349 - Information Systems 387,000 398,000 43,600 Use of Fund Balance 7,019,813 - - - Total Including Interfund Transfers 48,881,270 48,881,270 523,600 558,000 Section B. The following sums of money are levied for the current year, collectable in 2019 upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy 10,071,000 Estimated Library Levy 955,095 Estimated EDA Fund Levy 242,100 Tota 1 11, 268,195 Section C. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2019 in the amount of $ 247,000 BE IT FURTHER RESOLVED: That the public budget hearing is scheduled for December 10, 2018 at approximately 7:00 p.m. in the City Council Chambers. BE IT FURTHER RESOLVED: That the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2019 that is higher than the tax rate calculated for the City for taxes levied in 2017 collectable in 2018. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2009A in the amount of $25,000 and that the County Auditor is authorized to cancel $25,000 of the related Bond Levy for taxes payable in 2019, leaving a balance of $205,329 to be levied for taxes payable in 2019 for Series 2009A. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2015A in the amount of $275,000 and that the County Auditor is authorized to cancel $275,000 of the related Bond Levy for taxes payable in 2019, leaving a balance of $206,254 to be levied for taxes payable in 2019 for Series 2015A. 9 City Council Minutes September 24, 2018 Page 7 of 16 BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2017A in the amount of $335,344 and that the County Auditor is authorized to cancel $335,344 of the related Bond Levy for taxes payable in 2019, leaving a balance of $0 to be levied for taxes payable in 2019 for Series 2017A. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay bond principal and interest payments on General Obligation Bond Series 2017B in the amount of $295,000 and that the County Auditor is authorized to cancel $295,000 of the related Bond Levy for taxes payable in 2019, leaving a balance of $268,446 to be levied for taxes payable in 2019 for Series 2017B. The Finance Director /Treasurer is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. RESOLUTION 2018 -63 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving emergency abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by 500 LLC (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 950 40th Avenue N.E. Columbia Heights, Minnesota. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 14, 2018 the City of Columbia Heights responded to a complaint at the address listed above. Inspection determined that the structure was damaged and unsecured. 2. That on August 14, 2018 the Fire Chief had his designee order Advanced Companies secure the structure. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the emergency abatement of the hazardous situation located at 950 40th Avenue N.E. CONCLUSIONS OF COUNCIL 1. That the property located at 950 40th Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That the emergency abatement of the hazardous situation located at 950 40th Avenue N.E. is hereby approved. ORDER OF COUNCIL 1. The property located at 950 40th Avenue N.E. constitutes a nuisance pursuant to City Code. RESOLUTION NO. 2018-68 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Nancy C. Morales (Hereinafter "Owner of Record "). 10 City Council Minutes September 24, 2018 Page 8 of 16 Whereas, the owner of record is the legal owner of the real property located at 965 42 '/2 Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 3, 2018. 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 June 25, 2018, 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 July 27, 2018, 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 August 27, 2018, inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Per the City Forester, it is required to remove the dead tree (and all of the tree stumps) in the front yard to within 2 -4 inches below ground level. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 965 42 '/2 Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That 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 965 42 '/2 Avenue 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. it City Council Minutes September 24, 2018 Page 9 of 16 RESOLUTION NO. 2018-69 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Hlee Lor (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 1150 Polk Place N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 16, 2018. 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 June 21, 2018, 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. 1 That on August 2, 2018, 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 September 11, 2018, inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Per the City Forester, it is required to remove the dead tree (and all of the tree stump(s)) in the front yard to within 2 -4 inches below ground level. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1150 Polk Place N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 12 ORDER OF COUNCIL City Council Minutes September 24, 2018 Page 10 of 16 1. The property located at 1150 Polk Place N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION NO. 2018-70 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 Il, of City Code, of the property owned by Patrick J. Chowen (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 2127 45th Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 3, 2018. 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 June 21, 2018, 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 July 27, 2018, 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. That on August 27, 2018, inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Per the City Forester, it is required to remove the dead tree (and all of the tree stump(s)) in the side yard to within 2 -4 inches below ground level. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 2127 45th Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That 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. 13 City Council Minutes September 24, 2018 Page 11 of 16 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 2127 45th Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION NO. 2018-71 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Getus Sameru (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4245 University Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 3, 2018. 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 June 21, 2018, 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 July 27, 2018, 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 August 27, 2018, inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Per the City Forester, it is required to remove the dead tree (and all of the tree stump(s)) in the front yard to within 2 -4 inches below ground level. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 14 City Council Minutes September 24, 2018 Page 12 of 16 1. That the property located at 4245 University Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That 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 4245 University Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION NO. 2018-72 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Julian Soto (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 44212 '/z Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 3, 2018. 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 June 21, 2018, 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 July 27, 2018, 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. That on August 27, 2018, inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Per the City Forester, it is required to remove the dead tree (and all of the tree stump(s)) in the front yard to within 2 -4 inches below ground level. 15 City Council Minutes September 24, 2018 Page 13 of 16 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 44212 '/z Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 44212 '/z 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. RESOLUTION NO. 2018-73 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Daniel Ovillo (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4636 Fillmore Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 3, 2018. 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 June 25, 2018, 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 July 27, 2018, 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 August 27, 2018, 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: 16 City Council Minutes September 24, 2018 Page 14 of 16 A. Per the City Forester, it is required to remove the dead tree (and all of the tree stump(s)) in the front yard to within 2 -4 inches below ground level. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4636 Fillmore Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4636 Fillmore 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. RESOLUTION NO. 2018-74 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Olutola Ogundare (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4660 Heights Drive N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 16, 2018. 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 June 21, 2018, 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. 17 City Council Minutes September 24, 2018 Page 15 of 16 2. That on August 2, 2018, 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 September 11, 2018, inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Per the City Forester, it is required to remove the dead tree (and all of the tree stump(s)) in the front yard to within 2 -4 inches below ground level. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4660 Heights Drive N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4660 Heights Drive N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION NO. 2018-75 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of the City of Columbia Heights by motion on the 27th day of August, 2018, ordered a special assessment hearing to levy the cost of improvements and; WHEREAS, the following projects will be specially assessed in October, 2018, and a portion of the costs may be borne by the City, 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 Pursuant to Minnesota Statutes 429.061 and City Code 4.103, that the breakdown is as follows: 18 City Council Minutes September 24, 2018 Page 16 of 16 PROJECT ESTIMATED ASSESSED ESTIMAT CITY PORTION ED PORTION TOTAL 2018 Street Seal Coat, Project 1701 .. $ 14,380 -- ... ._-- ....y...................... . $143,810 ...... ............. ............. $158,190 --- _ $ 38,720 .Project 1701 Genera......._- ------- ....... ........ -_, - 1, Capital, and Utility Funds $ 38,720 - -- 2018 Street Seal Coat, Project 1701 $ 53,100 $143,810 $196,910 2017 State Aid Construction, Project 1705 $ 61,080 _....._ $252,210 $313,290 _. _......_.... �_ __ ...................__�. - .. -- Project 1705 State Aid, General, Capital, and Utility $510,600 - -- $510,600 Funds 2017 State Aid Construction, Project 1705 Total $571,680 I $252,210 $823,890 2018 State Aid Overlay, Project 1805 _ ..._...._.._..._.. $ 64,025 _ .... .........._...... - $162,800 - . _.- ..._.W.�.__.... $226,825 ...__.._.._� .. o FMidnneapoli ....................�. s, State Aid, General, land $662,970 - -- $662,970 Ca # 1 Ut li P tY 2018 State Aid Overlay, Project 1805 Total $726,995 $162,800 $889,795 ORDINANCE NO. 1652 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1616, CITY CODE OF 2014, RELATING TO THE USE OF TOBACCO LICENSE REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights, Minnesota does ordain: Chapter 5, Article IIl, Section 5.303, Subsection (B), which currently reads as follows, to wit: § 5.303 LICENSE. (B) No person shall operate a smoke shop without first having obtained a smoke shop license to do so from the city. At any given time, there shall be no more than four smoke shops, all with appropriate licenses, throughout the city. Currently existing smoke shop establishments should be granted the first preference to renew their smoke shop license if they choose to do so. Is hereby amended to read as follows: § 5.303 LICENSE. (B) No person shall operate a smoke shop without first having obtained a smoke shop license to do so from the city. At any given time, there shall be no more than three smoke shops, all with appropriate licenses, throughout the city. Currently existing smoke shop establishments should be granted the first preference to renew their smoke shop license if they choose to do so. 19 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF SEPTEMBER 4, 2018 The meeting was called to order at 6:30 pm by President, Marlaine Szurek. Members Present: Murzyn, Schmitt, Buesgens, Novitsky, Herringer, and Szurek. Members Absent: Williams Staff Present: Walt Fehst, Joseph Hogeboom, Keith Dahl, and Shelley Hanson PLEDGE OF ALLEGIANCE- RECITED CONSENT AGENDA 1. Approve minutes of August 6, 2018. 2. Approve Financial Report & Payment of Bills for July, 2018 — Resolution 2018 -012 Questions from Members: Herringer questioned payment to Hoisington Koegler Group. He asked if this was a payment for the Comp Plan. Dahl stated it was the final payment as they have reached their maximum amount of $100,000. Motion by Schmitt, seconded by Novitsky to approve the minutes of August 6, 2018. All ayes. MOTION PASSED. Motion by Buesgens, seconded by Schmitt, to approve the Financial Report and Payment of Bills forJuly, 2018 as presented. All ayes. MOTION PASSED. RESOLUTION NO. 2018-12 A Resolution of the Economic Development Authority of Columbia Heights, Minnesota, Approving the Financial Statements for the Month of July 2018 and the Payment of the Bills for the Month of July 2018. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the month of July 2018 has been reviewed by the EDA Commission; and WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and 20180904 EDA Minutes — — 20 EDA Minutes Page 2 September 4, 2018 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. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY Passed this 4th day of September 12018 Offered by: Buesgens Seconded by: Schmitt Roll Call: All ayes BUSINESS ITEMS 1/2. Economic Development Authority Budget and Tax Levy- Resolution 2018 -13 and Housing and Redevelopment Authority Budget & Tax Levy- Resolution 2018 -14 Dahl told members that the proposed budget for the 2019 fiscal year was distributed on August 27th to the City Council (the "Council ") of the City of Columbia Heights (the "City "). Before the City Council completes their review of the proposed budget later this fall however, the Columbia Heights Economic Development Authority (the "EDA ") and the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "HRA ") are required to adopt fund budgets for Fund 204: EDA Administration and Fund 408: EDA Redevelopment Projects; and to authorize their respective 2018 tax levies, payable in 2019. Therefore, this report presents the information and the necessary actions required for consideration by EDA. Dahl briefly reviewed the funds that fall under the direction of the Department. Fund 201 is primarily the Building Inspections- Licensing - Planning duties; Fund 204 is the EDA function; and Fund 408 covers Redevelopment Projects such as the Fagade /security camera program and the Commercial Revitalization Project. Attached to this report are the proposed fund budgets for Fund 201, Fund 204, and Fund 408 for the 2019 fiscal year. These fund budgets are administered by the Community Development Department, and have therefore been incorporated into the departments overall budget for 2019. Previously, the EDA would annually transfer funds from Fund 204 into Fund 201; however, in 2019, it has been proposed for Fund 101, the General Fund, to transfer those funds into Fund 201. This would allow for the EDA to have more funds available for redevelopment purposes. Fund 408 was not previously detailed as a separate fund in this process, but staff felt it should be reviewed as such since there are on -going projects that will be funded and administered by the Community Development Dept. 20180904—EDA—Minutes 21 EDA Minutes Page 3 September 4, 2018 Overall, the proposed fund budgets are balanced, with funds specifically dedicated to maintain existing projects and initiatives, as well as allocating and repurposing funds for new programs that reflect the priorities of the EDA, such as the Commercial Revitalization Project and the Fagade Improvement Grant Program. The proposed EDA budget for 2019 incorporates an increase in both revenues and expenditures of 10.3 %. This increase is due to a few factors, such as positional salary increases based on living wage adjustments, the incorporation of the Cola Allowance into the proposed budget, and the increased project costs and expenses for redevelopment purposes. The EDA effectively has two separate tax levies after the City Council granted the EDA certain HRA powers in 1996. One tax levy is administered by the City under Minnesota Statutes, Section 469.107 on behalf of the EDA (the "EDA Levy ") and the other is a special benefit tax levy administered by the EDA under Minnesota Statutes, Section 469.033 on behalf of the HRA (the "HRA Levy "). The proposed fund budgets reflect both levies at their respective statutory caps of 0.01813 and 0.0185 of the City's estimated market value. The EDA Levy would capture $242,100 from the City's estimated market land value; whereas the HRA Levy would net $247,000. And together, both levies would result in a total net revenue of $489,100 in 2019. Staff recommends approval of Resolution 2018 -13 and Resolution 2018 -14 as presented. Questions from members; Herringer asked about the large increase in personnel services from 2018 to 2019. Hogeboom explained that a large portion of this was due to the reinstatement of the Assistant Community Development Director position. This position was not filled for a few years until Dahl was promoted this year to re -fill it. Herringer asked if the City Manager agreed with the proposed Department budget figures. Fehst said he did. Motion by Buesgens, seconded by Schmitt, to waive the reading of Resolutions 2018 -13, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Buesgens, seconded by Schmitt, to adopt Resolution 2018 -13, a resolution of the Columbia Heights Economic Development Authority, adopting a budget for the fiscal year of 2019 and setting the 2018 tax levy, payable in 2019. All ayes. MOTION PASSED. Motion by Murzyn, seconded by Novitsky, to waive the reading of Resolutions 2018 -14, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Buesgens, seconded by Schmitt, to adopt Resolution 2018 -14, a resolution of the Columbia Heights Economic Development Authority, adopting a budget for the fiscal year of 2019 and authorizing a special benefit tax levy, payable in 2019. All ayes. MOTION PASSED. 20180904 EDA Minutes — 22 EDA Minutes Page 4 September 4, 2018 RESOLUTION NO. 2018-13 A RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, ADOPTING A BUDGET FOR THE FISCAL YEAR OF 2019 AND SETTING THE 2018 TAX LEVY, PAYABLE IN 2019. BE IT RESOLVED, by the Columbia Heights Economic Development Authority (the "EDA ") as follows: WHEREAS, the City of Columbia Heights (the "City ") established the EDA by an enabling resolution adopted on January 8, 1996, pursuant to Minnesota Statutes 469.090 to 469.1081 (the "EDA Act "); and WHEREAS, the City Council of the City has given to the EDA the responsibility for all development and redevelopment projects and programs; and WHEREAS, under Section 469.107 of the EDA Act, the City is authorized to levy a tax for the benefit of the EDA on its area of operation for the purposes authorized under the EDA Act, subject to the approval of the City Council. NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of the Columbia Heights Economic Development Authority, that the EDA adopts and requests the City Council's approval of its budget in the amount of $494,600 for 2019; and BE IT FURTHER RESOLVED, that the EDA adopts and requests the City Council's approval of its tax levy in the amount of $242,100 for taxes payable in 2019; and BE IT FURTHER RESOLVED, that the Executive Director is instructed to transmit a copy of this resolution to the City Manager, Finance Director, and City Clerk of the City of Columbia Heights, Minnesota. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY this 4th day of September, 2018 iffered by: Buesgens econded by: Schmitt oil Call: All ayes President ttest retary 20180904—EDA—Minutes 23 EDA Minutes Page 5 September 4, 2018 RESOLUTION NO. 2018 -14 A RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, ADOPTING A BUDGET FOR THE FISCAL YEAR OF 2019 AND AUTHORIZING A SPECIAL BENEFIT TAX LEVY, PAYABLE IN 2019. BE IT RESOLVED, by the Columbia Heights Economic Development Authority (the "EDA ") as follows: WHEREAS, the City of Columbia Heights (the "City ") established the EDA by an enabling resolution adopted on January 8, 1996, pursuant to Minnesota Statutes 469.090 to 469.1081 (the "EDA Act "); and WHEREAS, the City Council granted the EDA all powers and duties of a housing and redevelopment authority by an enabling resolution and ordinance adopted on October 22, 2001, pursuant to Minnesota Statutes 469.001 to 469.047 (the "HRA Act "), except certain powers that are allocated to the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "HRA "); and WHEREAS, under Section 469.033 of the HRA Act, the EDA and HRA, are authorized to levy a special benefit tax, in an amount not to exceed .0185 percent of the City's estimated market value (the "HRA Levy "); and WHEREAS, the EDA desires to maintain its HRA Levy at the amount of .0185 percent of the City's estimated market value as authorized by the HRA Act; and WHEREAS, the EDA understands that the HRA does not expect to levy a special benefit tax for the fiscal year of 2019; and WHEREAS, the EDA has before it for consideration a copy of its budget for the fiscal year of 2019, and the amount of the HRA Levy, payable in 2019 shall be based on said budget. NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of the Columbia Heights Economic Development Authority, that the EDA hereby adopts and requests the City Council approve its budget in the amount of $494,600 for 2019, and such budget includes the amount the EDA requests to be levied by the City under Section 469.107 of the EDA Act, and the EDA under Section 469.033, of the HRA Act; and BE IT FURTHER RESOLVED, that the EDA hereby directs staff to file its budget with the City in accordance to Section 469.033 of the HRA Act, and take such actions necessary to levy and certify the HRA Levy in the amount of $247,000 for taxes payable in 2019. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY d this 4th day of September, 2018 'ered by: Buesgens :onded by: Schmitt II Call: All ayes President 20180904 EDA Minutes — 24 EDA Minutes Page 6 September 4, 2018 3. Ceasing Business Operations with Home Detail Inc and its Affiliates - Resolution 2018 -15 Hogeboom explained that Home Detail, Inc. has previously purchased multiple residential properties through the Economic Development Authority via the Single Family Lot Sales Program. The Building Official, as well as Public Works officials have reported that Home Detail, Inc. has violated various City ordinances in the past, mostly pertaining to sediment erosion and runoff, as well as performing work without proper permits. Due to recent erosion control issues and a violation of a stop work order associated with the property at 4641 Polk St. NE., the City issued a citation to Home Detail Inc., and its principals Jeffrey and Luke Magdik, as well as an administrative fine for costs associated with mitigation of erosion control violations. Based upon these past actions, staff feels that it is in the best interest of the Economic Development Authority, and the City, to cease any further business transactions with Home Detail, Jeffrey and Luke Magdik, and any other entity associated with these parties, preventing these parties from participating in any future land purchase programs. Staff recommends approval of Resolution 2018 -15 as presented to cease all business operations with Home Detail Inc., Jeffrey Magdik and Luke Magdik, and their associated parties and entities. estions from members: It was asked if the EDA could back out of the contract. Hogeboom told members that the City Attorney didn't recommend that since Home Detail currently has two homes under construction. Hogeboom explained that by passing this Resolution it gives staff the ability to reject his offers for future lots that may become available. He went on to say that another City has passed a similar Resolution as they also had issues with this particular contractor. Buesgens asked how we would collect the fines if he refuses to pay them. She asked if the Certificate of Occupancy can be withheld until the citation and fine are paid. Hogeboom said the citation regarding the storm water violations goes directly to Court, and if the administrative fine is not paid by September 18, 2018 then that would be turned over to the City Attorney and it would be taken to court also. Motion by Murzyn, seconded by Herringer, to waive the reading of Resolution 2018 -15, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Murzyn, seconded by Novitsky, to adopt Resolution 2018 -15, a resolution ceasing business operations with Home Detail, Inc., Jeffrey Magdik and Luke Magdik. All ayes. MOTION PASSED. RESOLUTION NO. 2018 -15 A RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA, REGARDING CEASING BUSINESS OPERATIONS WITH HOME DETAIL, INC., JEFFREY MAGDIK AND LUKE MAGDIK 20180904 EDA Minutes — 25 EDA Minutes Page 7 September 4, 2018 BE IT RESOLVED BY the Board of Commissioners ( "Board ") of the Columbia Heights Economic Development Authority (the "Authority ") as follows: WHEREAS, the Authority, exercised the powers of a housing and redevelopment authority pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ( "EDA Act "), and is currently administering the Downtown CBD Redevelopment Project ( "Redevelopment Project ") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ( "HRA Act "); and WHEREAS, within the Redevelopment Project, the Authority at various times, acquires, owns and sells certain property for the construction of single - family homes; and WHEREAS, the Authority adopted a program called the Single Family Home Lot Sales Program (the "Program "), and approved guidelines in connection with the Program; and WHEREAS, Home Detail, Inc., a Minnesota corporation, under the direction of Mr. Jeffrey Magdik and Mr. Luke Magdik, and having its principal office at 1009 118th Avenue NE, Blaine, MN 55434, purchased certain property from the Authority located at 4641 Polk Street NE in the City of Columbia Heights (the "City "), described as attached hereto as Exhibit A (the "Property ") for the construction of a single - family home; and WHEREAS, Home Detail, Inc., Jeffrey Magdik and Luke Magdik were issued a Stop Work Order by the City's Building Official on July 23, 2018 due to erosion of sediment from the Property entering the municipal trunk storm sewer; and WHEREAS, on August 6, 2018, the Stop Work Order was violated as construction continued to occur on the Property without installation of proper erosion control mitigation material; and WHEREAS, pursuant to violation of a Stop Work Order, and to violation of City Code Section 8.705(f)3 (Surface Drainage Violation) and violation of City Code Section 9.106(Q)11(C)1 (Erosion Control), a criminal citation and an administrative fine was issued to My Home Detail, Jeffrey Magdik and Luke Magdik. NOW, THEREFORE BE IT RESOLVED that Home Detail, Inc., Jeffrey Magdik and Luke Magdik have willfully disobeyed ordinances and regulations of the City of Columbia Heights on multiple occasions. BE IT FURTHER RESOLVED, that the Authority shall cease all further business operations with My Home Detail, Inc., Jeffrey Magdik, Luke Magdik and all liaisons and affiliated businesses and entities of the offending parties. BE IT FURTHER RESOLVED, that Home Detail, Inc., Jeffrey Magdik and Luke Magdik shall be prevented from participating in any future land sale programs administered through the Authority. 20180904 EDA Minutes 26 EDA Minutes Page 8 September 4, 2018 ORDER OF ECONOMIC DEVELOPMENT AUTHORITY assed this 4th day of September, 2018 red by: Murzyn nded by: Novitsky II Call: All ayes President ttest: istant Secretary OTHER BUSINESS The next meeting is scheduled for October 1, 2018. Motion by Murzyn, seconded by Buesgens, to adjourn the meeting at 6:31 pm. Respectfully submitted, Shelley Hanson Secretary 20180904 EDA? t_ 4in.��tet — - 27 MINUTES OF PLANNING COMMISSION September 5, 2018 6:00 PM The meeting was called to order at 6:00 pm by Chair Szurek. Commission Members present- Sahnow, Novitsky, Fiorendino, Hoium, Kaiser, and Szurek. Members Absent: Schill Also present were Elizabeth Hammond (Planner), Shelley Hanson (Secretary), and John Murzyn (Council Liaison). APPROVAL OF MINUTES Motion by Hoium, seconded by Novitsky, to approve the minutes from the meeting of August 8, 2018. All ayes. MOTION PASSED. PUBLIC HEARING CASE #: 2018 -0901 APPLICANT: Ivan & Randeelyn Clauson LOCATION: 685 49th Avenue NE REQUEST: Variance -New Accessory /Garage Structure Hammond explained that Ivan and Randeelyn Clauson have requested a Variance to the front and side yard setbacks for the subject property. Currently, there is a one car attached garage on the property. The garage is located on the east side of the house, with driveway access provided off 49th Avenue. The current garage is in disrepair and the property owners wish to remove the existing garage and replace it with a new two car attached garage. A survey is attached illustrating the proposal. The front of the house and garage face 49th avenue; there is a provision in the code that defines this as the side yard of the property, even though it functions as the front of the property. Due to this provision the east side of the property is considered the front yard. The provision is as follows: 9.106 (8) (9) For corner lots, the shorter lot line abutting a public street shall be deemed the front lot line for purposes of this article, and the longer lot line abutting a public street shall be deemed a side lot line. In this case, the property's dimensions are 90 feet along 49th Avenue and 88 feet along Monroe Street. Due to this provision, the proposed garage does not meet the required setbacks. The required setbacks are as follows: Front yard -25' feet Side yard- 7' feet The proposed garage is 20.5' feet from the front property line, and 4.4' feet from the side property line. 20180905_Planning_Minutes 28 Planning Commission Minutes Page 2 Sept 5, 2018 ZONING ORDINANCE The property is located in the R -1 Single Family Residential Zoning District. The properties to the north, south, east and west are zoned R -1, Single Family Residential. COMPREHENSIVE PLAN On the future land use map, the Comprehensive Plan guides this property for low density residential. The proposed garage will enhance the residential use of the property, by providing appropriate vehicular storage. SITE PLAN The owner has submitted a legal certificate of survey dated September 26th, 2017, indicating the proposed location of the garage. The survey shows that the attached garage will be located on the east side of the house and adjacent to the east and north property lines. FINDINGS OF FACT Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City Council to grant a Variance. They are as follows: (a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. This is correct. Due to the fact that the house is setback on the north side of property, with existing entrances to the house in place, the most logical and practical place for the garage is as proposed. (b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. This is correct. The conditions are unique to this property due to the provision in the zoning code, the fact that the parcel is a corner lot, and the existing location of the home. (c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. This is correct. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. This is correct. (e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. This is correct. 29 Planning Commission Page 3 Sept 5, 2018 Staff recommends that the Planning Commission recommend approval of Resolution No. 2018 -64, approving Variances for the property located at 685 49th Avenue NE (Property ID 26- 30- 24 -13- 0004): 1) Waiver to Section 9.109 (C)- allowing an attached accessory structure to be located 20.5' feet from the front (east) property line. 2) Waiver to Section 9.109 (C)- allowing an attached accessory structure to be located 4.4' feet from the side (north) property line. Questions from Members Hoium questioned setbacks if 49th Avenue was considered the front yard. Hammond explained a variance would still be required for the rear yard setback. Hammond told members that the current garage is only 2.55 -2.75 feet from the rear property line and the new one will be moved forward a little so that it would be 4.4 feet from the north line. The required setback is 7 feet and the owner has tried to accommodate that as much as he could. She went on to explain that the required setback from Monroe St is 25 feet and the new, larger garage would be 20.5 feet from Monroe St. Hoium asked if notices went out to neighbors. Hammond said notices were sent to neighboring properties within 350 feet, and that notices were published in the Sun Focus and on the website. Fiorendino acknowledged the new garage will be setback further than the existing one, so he had no problem with the variance request. Novitsky asked if the owner was replacing the driveway. He said not at this time. Sahnow asked what he was using on the exterior of the new garage. The owner stated he would try to match the house with steel lap type siding since it will be attached to the house. Public Hearing Opened. A neighbor was present who stated she was in favor of the variance and said the new garage would be an improvement to the property. Public Hearing Closed. 30 Planning Commission Minutes Page 4 Sept 5, 2018 Motion by Fiorendino, seconded by Kaiser, to waive the reading of Resolution No. 2018 -54, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Fiorendino, seconded by Novitsky, to recommend the City Council approve Resolution 2018 -64 approving the variance for the property located at 685 49th Avenue NE, as presented. All ayes. MOTION PASSED. The following Resolution will go to the City Council on September 10, 2018. RESOLUTION NO. 2018 -64 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving Variances for the property located at 685 49th Ave. NE. Whereas, a proposal (Case # 2018 -0901) has been submitted by Ivan and Randeelyn Clauson to the City Council requesting variances from the City of Columbia Heights Zoning Code at the following location: ADDRESS: 685 49th Ave. NE. (PID 26- 30 -24 -13 -0004) LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 1) Waiver to Section 9.109 (C)- allowing an attached accessory structure to be located 20.5' feet from the front (east) property line. 2) Waiver to Section 9.109 (C)- allowing an attached accessory structure to be located 4.4' feet from the side (north) property line. Whereas, the Planning Commission has held a public hearing as required by the City Zoning Code on September 5, 2018; Whereas, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variances upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; Now, therefore, 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 (a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 31 Planning Commission Minutes Page 5 Sept 5, 2018 (b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. (c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. (e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. ORDER OF COUNCIL Passed this Id" day of September, 2018 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary CASE #: 2018 -0902 APPLICANT: City of Columbia Heights LOCATION: NA REQUEST: Zoning Text Amendment Staff is recommending a Zoning Text Amendment, to remove the fee schedule chart currently displayed in City Code, Section 9.104 (c) (5). The Community Development Department oversees the land use planning and zoning functions of the City. There are a number of land use applications that a property owner can file with the City. All land use applications have various application fees which are established by a resolution of the City Council. Periodically, the fees are evaluated and adjusted based on comparable area rates as well as staff time used for processing and evaluating land use requests. The way the Zoning Code is set up currently, when a fee is changed by the City Council, staff has to bring an ordinance to the Planning Commission and then to the City Council for approval, as this action is technically amending the literal language (the fee chart) in the code. Removing this chart and referencing that the Community Development Department will keep a record of the current fees, will ultimately save staff time going forward, and lessens the likelihood that outdated fees are left in the Zoning Code. 201800905 Planning_Minutes — 32 Planning Commission Minutes Page 6 Sept 5, 2018 FINDINGS OF FACT (a) The amendment is consistent with the comprehensive plan. Not applicable. (b) The amendment is in the public interest and is not solely for the benefit of a single property owner. This is correct. (c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. Not applicable. (d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. Not applicable. Staff recommends that the Planning Commission recommend approval of Ordinance No. 1651, being and ordinance amending City Code of 2005 relating to zoning and land development, and removing the planning and zoning fee schedule from the zoning code. Questions from members: Hoium asked if the City council would still have oversight over changes to the fee schedule going forward. Hammond said yes, staff cannot arbitrarily change the fees without Council approval. Sahnow asked how often they are changed. Hammond said they were last changed last winter which is when this came to light. Before that it was approximately 10 years ago. By making this change, it will eliminate discrepencies in fees previously included in the Ordinance and what is posted on the website or applications when changes are made. Motion by Hoium , seconded by Fiorendino, to waive the reading of Ordinance No. 1651, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Hoium , seconded by Fiorendino, to recommend that the City Council approve Ordinance No. 1651, as presented. All ayes. MOTION PASSED. The following Ordinance will go to the City Council on September 10, 2018. 201800905 Planning_Minutes 33 Planning Commission Minutes Page 7 Sept 5, 2018 ORDINANCE NO. 1651 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO ZONING AND LAND DEVELOPMENT, AND REMOVING THE PLANNING AND ZONING FEE SCHEDULE FROM THE ZONING CODE. NOW, THEREFORE, BE IT RESOLVED The City Council (Council) of the City of Columbia Heights, Minnesota (City) does ordain: SECTION 1: §9.104 (c) (5), City Code of 2005, as it currently reads is amended as follows: (5) Application fees. Fees for all applications for development or land use approval shall be a flat rate and established by resolution of the City Council. The city retains the right to require an escrow and additional payment for any out -of- pocket expenses for consultants and professional services and /or to obtain an escrow for cases that are extraordinary in size or complexity. Remaining escrowed funds not spent in reviewing the application shall be returned to the applicant. Payment of all fees is a condition of application approval. The fee sehedule A+a4-be­ "9 f 1 ■ i AN P.-TrN i IT AA _ t - SECTION 2: Chapter 9.104, (c) (5), City Code of 2005, shall hereafter read as follows, to wit: (5) Application fees. Fees for all applications for development or land use approval shall be a flat rate and established by resolution of the City Council. The city retains the right to require an escrow and additional payment for any out -of- pocket expenses for consultants and professional services and /or to obtain an escrow for 201800905—Planning—Minutes 34 Planning Commission Minutes Page 8 Sept 5, 2018 cases that are extraordinary in size or complexity. Remaining escrowed funds not spent in reviewing the application shall be returned to the applicant. Payment of all fees is a condition of application approval. The Community Development Department will keep a record of current fees for all land use applications. SECTION 3: This Ordinance shall be in full force and effect from and after 30 days after its passage. OTHER BUSINESS Szurek asked if there had been any further complaints from the parties involved in the case from the August meeting. Hammond stated that staff has not received any calls since the City Council took action to amend the CUP. Szurek asked if there was update on the Hy -Vee project. Hammond said they are waiting for the construction plans to be submitted for the C -store which is expected to start this fall. Once the plans are received it is about a 3 -4 week process to review the plans before they can begin construction. She went on to explain that Hy -Vee still has not submitted their new site plan application for the main store which the Planning Commission must re- approve. Again, she is hoping that happens yet this fall as the company indicated. Szurek reminded everyone that the Library Foundation is holding its annual fundraising Spaghetti Dinner next Wednesday, Sept 12th at Murzyn Hall from 4:30- 7:00 pm. Hammond reminded members that the next Planning Commission meeting will be Tuesday, October 2nd at 6:00 pm. Motion by Fiorendino, seconded by Sahnow, to adjourn the meeting at 6:30 pm. Respectfully submitted, Shelley Hanson Secretary 201800905 Planning_Minutes — 35 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7C MEETING DATE OCTOBER 8, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Second Reading of Ordinance No. 1652, an ordinance amending Ordinance No. 1616, City Code of 2014, relating to the use of Tobacco License Requirements within the City of Columbia Hei is DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: r BY /DATE: Keith Dahl, October 4, 2018 BY /DATE: CITY STRATEGY: #1; Safe Community Additional Strategy? N/A SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: The City of Columbia Heights (the "City ") licenses establishments to sell tobacco, tobacco products, or tobacco related devices. If a licensed tobacco establishment desires to allow customers or potential customers to sample a portion of their tobacco product on -site, then pursuant to the Minnesota Clean Indoor Air Act and City Code they may apply for an additional Smoke Shop License through the City. In an effort to regulate and control the amount of licensed tobacco establishments that have on -site sampling, the City only allows four (4) Smoke Shop Licenses to be issued in a given year with the existing establishments receiving first preference for license renewal. A license holder may voluntarily surrender a Smoke Shop License, and in such a case, the City Council has previously elected to reduce the amount of licenses available within the City. On July 24, 2018, Foaud's, Inc., a Minnesota corporation doing business as Yafa Hookah Bar voluntarily surrendered their Smoke Shop License for the property located at 4110 Central Avenue NE, unit 210B, Columbia Heights, MN. If the City Council desires to reduce the available Smoke Shop Licenses in 2019 from four (4) to three (3), an ordinance shall need to be adopted changing City Code accordingly. STAFF RECOMMENDATION: Staff recommends approving the second reading of Ordinance No. 1652 as presented. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Ordinance No. 1652, there being ample copies available to the public. Motion: Move to approve Ordinance No. 1652, being an ordinance amending Ordinance No. 1616, City Code of 2014, relating to the use of Tobacco License Requirements within the City of Columbia Heights. Motion: Move to approve the summary of Ordinance No. 1652, as presented for publication in the legal newspaper of the city. ATTACHMENTS: 1. Ordinance No. 1652 (1 Page) 2. Ordinance Summary (1 Page) 36 ORDINANCE NO. 1652 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1616, CITY CODE OF 2014, RELATING TO THE USE OF TOBACCO LICENSE REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights, Minnesota does ordain: Chapter 5, Article III, Section 5.303, Subsection (B), which currently reads as follows, to wit: § 5.303 LICENSE. (B) No person shall operate a smoke shop without first having obtained a smoke shop license to do so from the city. At any given time, there shall be no more than four smoke shops, all with appropriate licenses, throughout the city. Currently existing smoke shop establishments should be granted the first preference to renew their smoke shop license if they choose to do so. Is hereby amended to read as follows: § 5.303 LICENSE. (B) No person shall operate a smoke shop without first having obtained a smoke shop license to do so from the city. At any given time, there shall be no more than three smoke shops, all with appropriate licenses, throughout the city. Currently existing smoke shop establishments should be granted the first preference to renew their smoke shop license if they choose to do so. 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: September 24, 2018 Buesgens Williams 4 Ayes, 0 Nays October 8, 2018 Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 37 Ordinance No. 16-52 SUMMARY OF ORDINANCE NO. 1652 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1616, CITY CODE OF 2014, RELATING TO THE USE OF TOBACCO LICENSE REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS The City Council for the City of Columbia Heights, Minnesota has adopted Ordinance No. 1652. The purpose of this Ordinance was to reduce the amount of smoke shop licenses available in the City of Columbia Heights. At any given time, there shall now be no more than three smoke shops licenses throughout the city. This is a summary of Ordinance No. 1652. The full text of Ordinance No. 1652 is available for public inspection at the office of the Community Development Department in City Hall during regular business hours, or by standard or electronic mail. Ordinance No. 1652 was adopted by the City Council of the City of Columbia Heights, Minnesota this 8th day of October 2018. Attest: Mayor Donna Schmitt Katie Bruno, City Clerk /Council Secretary 38 COLUMBIA pin AGENDA SECTION CONSENT & COLUMBIA ITEM NO. 7D 1v HEIGHTS MEETING DATE OCTOBERS, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Upgrade to Public Safety Building Security Cameras DEPARTMENT: Police CITY MANAGER'S APPROVAL: BY /DATE: Chief Lenny Austin /10 -04 -2018 T BY /DATE: � CITY STRATEGY: #1; Safe Community Additional Strategy? N/A SHORT TERM GOAL (IF APPLICABLE): .- Additional Goal? BACKGROUND: At the 2018 budget presentation, I advised the City Council that we would be reviewing building security at the Public Safety Building due to the dated security equipment, as well as recent changes and concerns with public safety. Since the installation of the current camera system at the Public Safety Building in 2009, the police department has implemented a designated Safe Exchange Zone for internet or classified ad purchases. It is also used for child custody drop offs. The current cameras do not provide enough coverage for this area. During a recent security camera review, several other areas were also found to be lacking in camera surveillance coverage. Also, there have been disturbances at the public safety building that occurred where there was no camera coverage to document the incidents. Bids were requested from three different vendors. Of those, only two submitted proposals. The Police and Fire Department is recommending Marco to conduct the upgrade and installation. Their estimate is $20,075. It should be noted that Marco initially installed the existing cameras as well as at other city buildings and we have had good success with their products. While this purchase was not included in the 2018 budget, the Police and Fire Departments currently have funds available to cover the expense. STAFF RECOMMENDATION: The Columbia Heights Police and Fire Departments are requesting approval to upgrade the current camera system at the public safety building. This would include replacing as well as adding additional internal and external cameras and support equipment. RECOMMENDED MOTION(S): MOTION: Move to approve the expenditure of $20,075 to upgrade the current camera system at the Public Safety Building, as well as adding additional internal and external cameras and support equipment. ATTACHMENTS: Bids 39 i September 21, 2018 MANAGED SERVICES CLOUD SERVICES BUSINESS IT SERVICES COPIERS & PRIMTERS Prepared By Dex Holthaus Technology Advisor 320.259.3066 dex.holthaus @marconet.com Document Number: 023850 Mcif—co° marconet.com 044000 40 rr orcoo City of Columbia Heights - Police /Fire Camera Adds ' Marco - Minneapolis CITY OF COLUMBIA HEIGHTS Dex Holthaus 590 NE 40TH AVE 320.259.3066 COLUMBIA HEIGHTS, MN 55421 dex.holthaus @marconet.com Matt Markham 763.706.8109 mmarkham @columbiaheightsmn.gov Products Quote #: 023850 Version: 1 Date Issued: 09/21/2018 Expiration Date: 10/21/2018 Description Price Qty Ext. Price 16- Channel NVR March Networks 8516R - 16 Channel NVR - No Storage $3,085.00 1 $3,085.00 Seagate 8TB Video Surveillance HD $375.00 4 $1,500.00 Outdoor Cameras March Networks 4MP Outdoor Bullet Camera - 2.70 - 12 mm Lens $506.25 8 $4,05000 March Networks 4MP Outdoor Bullet Camera - 9 -- 22 mm Lens $527.50 2 $1,055.00 March Networks ME4 Wall Box $65.00 10 $650.00 Indoor Cameras March Networks 4MP Indoor IR Dome - 2.8 -8 mm Lens $226.12 5 $1,130.60 Mach Networks Electrical Plate $16.88 2 $33.76 Louroe Mic & Pre -amp Audio Monitoring Kit $275.00 1 $275.00 Cables & Installation Services Black Category 5e U /UTP EN series 24 AWG 4 pair unshielded cable $215.00 3 $645.00 Marco - Physical Security - Miscellaneous Parts $250.00 $7,150.00 1 $250.00 Marco - Physical Security - Installation Services 1 $7,150.00 Marco - Physical Security - Project Mangement $250.00 1 $250.00 Page: 2 of 4 Quote (1023850 v1 $20,074.36 Job 8: CONFIDENTIAL I MARCO 41 mcirco. Quote Summary - One -Time Expenses Description Amount Products $20,074,36 $20,074.36 Payment Options Description Payments Interval Amount Marco Payment & Financing Options One -Time Payment 1 7 One -Time $20,074.36 Summary of Selected Payment Options Description _ ! Amount Marco Payment & Financing Options: One -Time Payment Payment Terms: Payment terms are net 15 days from date of Invoice. For orders over $25,000, we require a twenty -five percent down at time of order. All Software and Hardware are Invoiced at the time of delivery to the customer, Professional Services are due upon completion of the engagement or with progress billing as laid out in the scope of services. Warranty: Your equipment is covered by It's respective manufacturer warranties. Please consult the warranty documentation that accompanies the product for details. Any charges from the manufacturer are the sole responsibility of the customer (including, but not limited to, shipping, travel and /or labor charges). Marco can provide assistance with the processing of these warranties for a processing fee. Optional contracts or warranty enhancements are available for an additional fee at the time of purchase. Returns: Upon receipt of merchandise, make sure specifications are correct before opening or marking merchandise. If you need to make a return to Marco, you must: Request to return the UNOPENED merchandise within fifteen (15) days; Product must be returned In the original undamaged /unmarked box; Recognize that special or custom orders are non - returnable; Merchandise can be subject to restock fees and /or denial of return. — For Marco's Complete Return Policy, please refer to: I •i ,p;;o,:p. - . .,..y -• i„i,, r!h.y,., Taw, Shipping, Errors: Taxes, shipping, handling and other fees may apply where applicable. We reserve the right to cancel orders arising from pricing or other errors. Page: 3 of 4 Quote #023850 v1 Job #: CONFIDENTIAL I MARCO 42 rn ci rco- Signature: Name: Title: Date: Signature: Name: Matt Markham Date: PO Number: Page: 4 of 4 Quote 11023850 vi Job t: CONFIDENTIAL I MARCO 43 7A&q CLISTOMLR PO: Columbia Heights Police and Fire Dept. SALESPERSON: CAN DALFY PROJECT: Columbia Heights Police and Fite Dept. ADDRESS: 825 41st Av NL ADDRLSS2, Capl. Markham CITY, STATE ZIP: Columbia Heights, MN. 55421 CONTACT: Capt. Markham PHONE 163 2616345 FAX: 9401 James Ave, South, STE 180 611 L TO: Columbia Heights Police and Flre Dept. ADDRESS 875 41st Av NE ADDRESSZ: CUSTOMER SIGNS HERE: CITY, STAT E ZIP: Columbia Heights, MN, 55471 CONTACT: Capt Markham PHONE: 763 761 5345 FAX: 1 HIS ORDER WILL SHIP: TERMS OF SALE. ME-HOD OF PAYMENT: ORDER SUMMARY: SALES AGREEMENT 9401 James Ave South, STE 180, Minneapolis, MN 55431 tel (952) BBB -6608 I tax (952) 888 -3344 DATF 9 /5/2018 OWNER: Columbia Heights Police and Fire Dept. ADDRFSS 82541st Av, NE ADDRESS2: REMIT ALL PAYMENTS TO THIS ADDRESS; CITY, SIAI L ZiP- Columbia Heights, MIN 5421 CUN IACT: Capl. Markham PHONF• 763 261 6345 FAX: SHIP TO: Ban -Koe Companies ADDRESS; 9401 James Ave, South, STE 180 ADnRES52: ar $15,110 Whichever 5 gfea[er- Clatlll Card payments are subject to a 3% pr o[e5sln e CIIY,STATE ZIP: M,nneapaiis, MN 554317200 CONTACT: CUSTOMER SIGNS HERE: PHUNF (9521 SOB 6688 FAX: (952) 888 -3344 Upon Factory Availability 50'% Depos'd - 40%, Due Upon Shipment - 10% Due Upon Owner Training Deposit Required with Signed Order - Ban -Koe Will Invoice Balance Video Surveillance Solution Options QfY DESCRIP110A Base Pril,e - R Outdnnr Wall Mount, 2Indoor 1 Wall Mount, 1 Ceiling Mount with Mic Cameras & Server I Dption Price 2 Ceiling Cameras and Nlica SY51LM PRICE 21, 334.93 2,067 50 44 SHIPPING & HANDLING INCLUDED SUB - TOTAL: 23,402 43 TAX NOT INCLUDED REMIT ALL PAYMENTS TO THIS ADDRESS; TOTAL 23,402,43 BAN -KOE COMPANIES DEPOSIT; 11,701,22 9401 JAMES AVE SOUTH, STE 180 BALANCE: 11,701.22 MINNEAPOLIS, MN 55431 TERMS lk CONDITIONS The attached proposal is valid fur sixty (601 nays After sixty (60) Uays, the proposal may be withdrawn at any tune Ry signing this Agreement, ru« omeragrees to all the Agrrement Terms& Conditions, pages 2 and 3 attached herein, and the Sales Addendum page (if usedi Ran-Koe will commence final corrections, check our, certihration, and training upun recnlpt of 90°4 of the order tonal Finance charges will apply en any past due amuunl%al a rale of 1.5% 'la% APR ar $15,110 Whichever 5 gfea[er- Clatlll Card payments are subject to a 3% pr o[e5sln e Ic[ nn the local ainnunl charges BAN -KOE SIGNS HERE: CUSTOMER SIGNS HERE: BY (X): BY (X) TITLE: TITLE: DATE: DATE: 44 PROPOSAL DETAIL QM SHEET 1 DATE: 9/5/2018 JOB: COLUMBIA HEIGHTS POLICE AND FIRE DEPT, 825 41ST AV. N E. COLUMBIA HEIGHTS, MN. 55421 SYSTEM: Base Price - B Outdoor Wall Mount, 2 Indoor 1 Wall Mount, 1 Ceiling Mount with MIc Cameras & Server QTY DESCRIPTION lfeadend JE ul ment & Soft ware 1 516 R -16 analog channel, 240 FPS recorder supporting up to 16 channels (analog or IP). 4 % 8TB (32TB) of storage. Network PoE Switch Ports provided by Owner as directed CelfJn_q & Wolf Mounted Cameras & Acce_ssoO s 9 ME4 Outdoor IR Dome - 2.7 -12mm P -Iris Auto Focus Lens, 4MP HDR, Dynamic IR, IP66/IK10 Housing, PoE, 12VDC /24VAC. 1 Wall Bracket for ME4 Outdoor IR Dome 8 NPT Sunshield for ME4 Outdoor IR Dome - 1.5 inch NPT mount adaptor with sunshield. 8 Wall Mount - Indoor wall mount for various domes. Requires 1.5 inch NPT Mount Adaptor, sold separate I ME4 IR MicDome - 4.Omm Fixed Lens, 4MP HDR, Integrated Microphone, Dynamic IR, IP66 /IK1D Housing, PoE, 12VDC. Ceiling Mount Cameras, Mles. Mlc Hos_r Manage! 1 ME4 IR MicDome - 4.Omm Fixed Lens, 4MP HDR, Integrated Microphone, Dynamic IR, IP66/IK10 Housing, PoE, 12VDC. 1 Louroe Verifact A Wall or Ceiling Microphone 1 AP -4 RM (4 Zone Rack Mount Base Station) Patch Pene1 Jcgularnenr 1 CAT6 Patch Panel 24•poit (Sx required for each POE location as necessary.) 10 CAT6 Patch Cable 3'(1x required for each camera at patch panel side.) 10 CAT6 Female Insert Blue (lx each required for any camera for camera side.) 10 Single Port Surface Mount Box for Female Insert (lx each required for any camera for camera side.) 10 CAT6 Patch Cable 10' (1x required for each camera for camera side) 2 CATS Patch Cable 10' (2x required for NVR connection to patch cables.) 45 BAN -KOE NArews OpOVr iMC. DATE: 9/5/2018 JOB: COLUMBIA HEIGHTS POLICE AND FIRE DEPT 925 41ST AV. NE. COLUMBIA HEIGHTS, MN. 55421 SYSTEM: Option Price - 2 Ceiling Cameras and Mies PROPOSAL DETAIL SHEET 2 CITY DESCRIPTION ce lag Mount Cameras. Mics 2 ME4 IR MicDome - 4.Omm Fixed Lens, 4MP HDR, Integrated Microphone, Dynamic IR, IP66/IK10 Housing, PoE, 12VOC. 2 Louroe Verifact A Wall or Ceiling Microphone Patch eariCr£guI meat CAT6 Patch Cable 3' (1x required for each camera at patch panel side.) CAT6 Female Insert Blue (1x each required for any camera for camera side.) Single Pon Surface Mount Box for Female Insert (lx each required for any camera for camera side.) CAT6 Patch Cable 10' (1x required for each camera for camera side) 46 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 7E MEETING DATE OCT 8, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: LICENSE AGENDA DEPARTMENT: COMMUNITY DEVELOPMENT CITY MANAGER'S APPROVAL: BY /DATE: Oct 3, 2018 BY /DATE:; CITY STRATEGY: #1; Safe Community Additional Strategy? choose an item. SHORT TERM GOAL (IF APPLICABLE): Choose an item. Additional Goal? Choose an item. BACKGROUND /ANALYSIS Attached is the business license agenda for the October 8, 2018 Council meeting. This agenda consists of applications for 2018 Contractor Licenses. If City Council members have any questions, please contact staff regarding this matter. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for October 8, 2018 as presented. ATTACHMENTS: 20181008 License Agenda 47 City of Columbia Heights - Council Letter TO CITY COUNCIL October 8, 2018 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2018 BLDG *Ike's Plumbing & Drain Cl 9046 Lake Dr, Lexington $80 *Bartylla Plumb & Htg 8675126 1h St N, Hugo $80 DR Peterson Plumbing 933 11th Ave S #1, Hopkins $80 *Berwald Roofing 2440 No Charles St, No St Paul $80 *Twin City Frpl 6521 Cecelia Cir, Edina $80 *Big D Construction Midwest 2706 Gannon Rd, St Paul $80 48 20180709- License Agenda Page 2 00 TMI O N w a) O U O LL O z H LLI LLI J_ U z D O U H z LLI Q a LI 0 LLI z z LL O cn Ll z z 2 LL O Lu Q H c!� O z Q LL O z O U CO H 2 O w 2 m 2 D J O U LL O I— U c ca Y U a) L U L .O Q V O N () O O V C a) CD L CD a) a) O O L �U C O U U a) L a� O f� O O CD c c L �3 U c ca v O U U ca c cu L a� O 2 O O ui O r O CO rn 4-- O c O E a) L c •L N c cL c U 0 U a� m M v O u] W -9 + + x4 x 0a + it H R W W * * !n >+ x> 0 * w FCU + U�H H i s (Tam i + O i 1 H O + + LL rl aOD + + U O o + V) GaU)Pa + C O o o + a • 1 0 9) q3l « + a °aa F + HC7U + + H U rn W �O « z N It f H r aJ P, + a �4 N )a H N H N�4 )a �4 sa N )a N !n + + + �11 44.C�'. .0 .0 All .0 C444 + + H rl > 0000+ U z O�+ H + z o x O a D !'1 v + zzzz* 0 N U) + x U r x + zzzz« m H t O S4 U + 44 4k (N a) N + k \ 1, 41 d + + m C o U W W W W+ o ff * + m sa a + * o ro a a aaaa« 14 + + + + + . 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O cu LL N O f� 0 Z Q O a t- � i iM AGENDA SECTION PUBLIC HEARING 0 . COLUMBIA ITEM NO. 8A _ 1.� HEIGHTS MEETING DATE OCTOBER 8, 2018 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Resolution No. 2018 -76, approving a variance for the property located at 1020 Lincoln Terrace NE. DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: , BY /DATE: Elizabeth Hammond 10/02/18 BY /DATE: CITY STRATEGY: #6: Excellent Housing/Neighborhoods Additional Strategy? SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? BACKGROUND: Richard and Bonnie Walker have requested a Variance to the side yard setbacks for the subject property. Currently, there is an attached garage on the property. The garage is located on the east side of the house, with driveway access provided off Lincoln Terrace NE. The current garage is smaller than what the homeowners feel will fit their needs, and narrower than a typical garage built to the current zoning code requirements (a minimum of 20 feet by 20 feet) as such, they wish to add on to the existing garage to allow for additional vehicular storage. A survey is attached illustrating the proposal. The front of the house and garage face Lincoln Terrace NE; there are currently two entrances to the home, and the farthest east entrance near the garage will be enclosed in the garage. The entrance to the west will remain and serve as the primary entrance. The garage is currently 4.5 feet from the side (east) lot line. The required side yard setback is 7 feet. The applicants are requesting a variance of 2.5 feet. The original garage was built within the required setback, and the proposed addition would keep the existing building line consistent, rather than moving the garage farther west to meet the required setback. The Planning Commission reviewed the request for a variance at their regular meeting on October 2 "d, 2018. The Planning Commission voted unanimously to recommend that the City Council approve the requested variance to allow for the proposed garage to be constructed as shown on the attached survey. STAFF RECOMMENDATION: Staff recommends that the City Council approve Resolution No. 2018 -76, as presented. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution No. 2018 -76, there being ample copies available to the public. Motion: Move to approve Resolution No. 2018 -76, approving a variance for the property located at 1020 Lincoln Terrace NE. ATTACHMENTS: Resolution No. 2018 -76 Planning Report Application 61 City of Columbia Heights - Council Letter Applicant's Narrative Location Map Survey and Floor Plan Drawings Pictures 62 Page 2 RESOLUTION NO. 2018 -76 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Variance for the property located at 1020 Lincoln Terrace NE. Whereas, a proposal (Case # 2018 -1001) has been submitted by Richard and Bonnie Walker to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following location: ADDRESS: 1020 Lincoln Terrace NE (Property Identification Number: 25- 30 -24 -23 -0102) LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 1) Waiver to Section 9.109 (C)- allowing an addition to an attached accessory structure to be located 4.5' feet from the side (east) property line. Whereas, the Planning Commission has held a public hearing as required by the City Zoning Code on October 2 "d, 2018; Whereas, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variances upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; Now, therefore, 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 (a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. (b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. (c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. (e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. 20180925—Resolution-1020—Lincoln—Terrace 63 City of Columbia Heights - Council Resolution ORDER OF COUNCIL Passed this 8th day of October, 2018 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 64 Page 2 CH COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING COMMISSION PLANNING REPORT CASE NUMBER: 2018 -1001 DATE: October 2, 2018 TO: Columbia Heights Planning Commission APPLICANT: Richard and Bonnie Walker, Property Owners DEVELOPMENT: Addition to an attached accessory structure on the subject property LOCATION: 1020 Lincoln Terrace NE REQUEST: Variance to the required side yard setback PREPARED BY: Elizabeth Hammond, City Planner INTRODUCTION Richard and Bonnie Walker have requested a Variance to the side yard setback for the subject property. Currently, there is an attached garage on the property. The garage is located on the east side of the house, with driveway access provided off Lincoln Terrace NE. The current garage is smaller than what the homeowners feel will fit their needs, and narrower than a typical garage built to the current zoning code requirements (a minimum of 20 feet by 20 feet) as such, they wish to add on to the existing garage to allow for additional vehicular storage. A survey is attached illustrating the proposal. The front of the house and garage face Lincoln Terrace NE; there are currently two entrances to the home, and the farthest east entrance near the garage will be enclosed in the garage. The entrance to the west will remain and serve as the primary entrance. The garage is currently 4.5 feet from the side (east) lot line. The required side yard setback is 7 feet. The applicants are requesting a variance of 2.5 feet. The original garage was built within the required setback, and the proposed addition would keep the existing building line consistent, rather than moving the garage farther west to meet the required setback. ZONING ORDINANCE The property is located in the R -1 Single Family Residential Zoning District. The properties to the north, south, east and west are zoned R -1, Single Family Residential. COMPREHENSIVE PLAN On the future land use map, the Comprehensive Plan guides this property for low density residential. The proposed garage will enhance the residential use of the property, by providing appropriate vehicular storage. 1020 Lincoln Terrace NE 65 City of Columbia Heights Planning and Zoning Commission October 2, 2018 Planning Report Page 2 SITE PLAN The owner has submitted a legal certificate of survey dated August 21, 2018 indicating the proposed location of the garage. The survey illustrates that the garage addition will be located on the north corner and east side of the house. FINDINGS OF FACT Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City Council to grant a Variance. They are as follows: (a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. This is correct. Due to the fact that the attached garage is located 4.5 feet from the property line, the homeowners wish to keep a consistent building line with the proposed garage addition. Also, if the garage were to be moved 2.5 feet farther west, it would require the garage to be moved toward the front window, rather than in line with the existing corner of the house. (b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. This is correct. The conditions are unique to this property due to the existing location of the home and attached garage. Expanding the garage towards the street, with the same building line, makes the most practical sense based on the existing conditions on this parcel. (c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. This is correct. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. This is correct. (e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. This is correct. The adjacent properties existing garages extend farther north than the applicant's current garage. The proposed garage addition would be consistent with the building line of the adjacent homes. 66 City of Columbia Heights Planning and Zoning Commission October 2, 2018 Planning Report Page 3 RECOMMENDATION Staff recommends that the Planning Commission recommend approval of Resolution No. 2018- 76, approving Variances for the property located at 1020 Lincoln Terrace NE (Property Identification Number: 25- 30 -24 -23 -0102) 1) Waiver to Section 9.109 (C)- allowing an addition to an attached accessory structure to be located 4.5' feet from the side (east) property line. ATTACHMENTS Resolution No. 2018 -76 Application Applicant's Narrative Location Map Survey and Floor Plan Drawings Pictures 67 COLUMBIA (bHEIGHTS Community Development Department 590 401h Ave. NE, Columbia Heights, MN 55421 VARIANCE APPLICATION (RESIDENTIAL) ORDINANCE NO. 9.104 (G) This application is subject to review and acceptance by the City. Applications will be processed only if all required items are submitted. PROPERTY INFORMATION _ Project Address /Location: 1 i (1 L l k%(_(; LN I _& jZ Legal Description: iS ilLO C. IC - M Oil H A 19 6-, A Ak K A ft j i Present use of property t�� , �e ��A rti i Proposed use of property _ �-) 0-i I I c , � J -k- }� PROPERTY OWNER As it appears on property title): Name: R ichCk�`L� � � r 13 Cnntl �,0n— Mailing Address: f02-0 L�nC'u n i-" { City: C s I u III 6 % I � � 'k) iS State: M k- Daytime Phone: V1 2 - 23 5 3 `'f Cell Phone: E -mail Address: ►ZN L:a @ U„ckl kQ 0, 'eV)fL� - COI- 1 Signature /Date: APPLICANT: Company Name (please print): Contact Person (please print): �� M AS C _) -tu, jh Mailing Address: Zip: ! L4 Z I City: State: Zip: Daytime Phone: Cell Phone: Email Address: Page 1 of 2 68 COLUMBIA oHEIGHTS REASON FOR REQUEST (Please attach a written narrative describing the Variance being requested. The narrative should fully explain the hardship (s) that justifies variation from the strict application of the Code. The terms "hardship" or "undue hardship" typically refer to physical characteristics of the property, such as shape, soil conditions, or topography. Neither mere inconvenience, nor reduction in value alone, is sufficient to justify a variance. The inability to put property to its highest and best use is not considered a hardship or practical difficulty. The problem that justifies the variance must be caused by conditions unique to the property and beyond the control of the applicant. The applicant cannot create the condition that requires the variance.) FOR OFFICE USE ONLY CASE NO: 1 4T- D D 1 APPLICATION RECD BY: _ �• h'o .►.4+• �L' DATE APPLICATION RECD: 'Cl/ q 18 $250.00 APPLICATION FEE RECD: RECEIPT NUMBER: Revised June 2017 Approved by Planning & Zoning Commission on Approved by City Council on Page 2 of 2 69 Variance Request (Residential) REASON FOR REQUEST: We would like to add a two -car garage addition in front of our existing garage. This will give us storage space for our classic vehicles as well as those we drive every day. The addition will position the front of the garage in line with those of our neighbors, so it will not look out of place. Unfortunately, it appears that the original builder did not leave the required setback between the property to the east and the current garage. This also seems to be the case for many of the neighbors on our street. Adding the addition with the required setback, attached to the existing structure, would not only look awkward, it would be so impractical to use that it wouldn't be worth doing. Please consider granting this request for variance so we can build a good looking, practical structure despite the original builder's error. 70 9/12/2018 Anoka Maps ADDRESS STATE ZIP CODE CITY COMMISSIONER DISTRICT PROPERTY ID 1020 LINCOLN TER NE MN 55421 COLUMBIA HEIGHTS JIM KORDIAK 25- 30 -24 -23 -0102 Owner Owner Address Owner City Owner State Owner Zip Code Shape.STArea WALKER BONNIE 1020 LINCOLN TER NE COLUMBIA HEIGHTS MN 55421 / Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is Map Scale not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 50 feet cui• i verification. 9/12/2018 71 http: / /gis.anokacountymn.gov /webgis /#ymax= 255492. 42358325986; ymin = 143492. 42358325986 ;xmax= 585345.6924073749;xmin= 418679.0257407081 111 CERTIFICATE OF SURVEY (MEASUREMENTS SHOWN IN FEET AND DECIMALS OF A FOOT) FOR Richard H Bonnie Walker KURTH SURVEYING, INC. DATE: 4002 JEFFERSON ST. N.E. AUGUST 21, 2018 I HEREBY CERTIFY THAT THIS SURVEY. PLAN OR REPORT COLUMBIA HEIGHTS. MN 55421 O = IRON PIPE MONUMENT SET WAS PREPARED BY ME OR U' Y DI SUPERVISION A (iS3) T88 -9769 FAX (763j 188 -76D2 =IRON PIPE MONUMENT FOU AND THAT I AM A DULY LICENSE CENS'E L D SU VEYOR UNDER E— atfAPL: ksifkurthsurveyrnginc.com. THE LAWS OF THE S ATE OF S TA, 0 = SPIKE SET = CHAIN LINK FENCE (CLF) Randy L. Kurt- 4— ,- £.L.S. No. 20270 Russell J. Kurth, L.L.S. No. 16113 LINCOLN TERRACE (60' R /W) i t 5 7 1 / 1 L l � / 4 r 7 1 0 20 C 0 r Y N Y �r 7r 1 SCALE IN FEET � I r � � r 1 GAR I O x 1 O O O LCl # I 1 1 - -- 80.0 - I � � I \ 1 � F- f K1 41 , V Y > r f LJ r ' PROP. JARAGEN ; :7,3 Y 15.6 °� 1 12.5 r, ---J- - 12.2 22.7 , r #1020 GARAGE N o O 1 -S -F L .71 1 # 46.o Q) C C 0 67 Y 5' utility and drainage easement -- -80.0 - -- 11—Ln t mg.d ug2e - 50 -24 i PROPERTY DESCRIPTION Lot 15, Block 2, MATHAIRE, Anoka County, MN. 2' MATHAME PLAT F01Z\8K33 PG49 LL o K -Y t 14 ro IF, , v m w A 'Ile ly- z id e EL ro 0 WADE groo. N w 6 6AWA. 73 74 Vi ry� E) l% MIA T wf � r''Kt L � ♦ f a �vo r ►a ,T�k �" f r yl r�r n .y+`�7 # •�r it �� LEI � a. � �'� . •,fir +�.. . • �f ; 'Y .r 8�r ti C a' r ��` Wit♦ _ 1 � t.