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HomeMy WebLinkAboutNovember 10, 2003 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights. MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, rnn. us ADMINISTRATION Mayor Julienne Wyckoff Councilmembers Robert A. Williams Bruce Nawrocki Tammera Ericson Bruce Kelzenberg CiO, Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, November 10, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-361 I, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) Invocation: Pastor Peter Law, Community United Methodist Church 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) e PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclamations - none B) Presentations 1) North Star Corridor Development Authority- Paul McCarron C) Introduction of New Employees - none D) Recognition - none w 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) MOTION: Move to approve the Consent Agenda items as follows: 1) Approve City Council Meeting Minutes for October 27, 2003. MOTION: Move to approve the minutes of the October 27, 2003, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) MOTION: Move to accept the October 22, 2003 minutes of the Park and Recreation Commission b) MOTION: Move to accept the October 28, 2003 minutes of the Planning and Zoning Commission. c) MOTION: Move to accept the November 4, 2003 minutes of the Planning and Zoning Commission. d) MOTION: Move to accept the October 23, 2003 minutes of the Charter Commission. THE CITY Of COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS Of DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER City Council Agenda November 10, 2003 Page 2 of 4 3) Authorize final Change Order #1 for additional work common excavation and aggregate base material to the Zone 6B Street Rehabilitation, City Project 0302 to Midwest Asphalt Corporation in the amount of $36,703.65 to be funded out of the PIR Fund, or Assessments ($22,022.20) and the Infrastructure Fund {$14,681.45). MOTION: Move to authorize final Change Order #1 for additional work common excavation and aggregate base material to the Zone 6B Street Rehabilitation, City Project 0302 to Midwest Asphalt Corporation in the amount of $36,703.65 to be funded out of the PIR Fund, or Assessments ($22,022.20) and the Infrastructure Fund ($14,681.45). 4) Approve transfer of funds for off duty security worked from the General Fund to reimburse the Police Department overtime budget MOTION: Move to transfer $5,161.57, the total amount received from Unique Thrift Store, CHHS graduation activities, and Immaculate Conception Church Fun Fest for off duty security worked from the General Fund to the Police Department 2003 budget under line 1020, Police overtime. 5) Approve transfer of Safe and Sober Funds from the General Fund to the Police Department 2003 overtime budget. MOTION: Move to transfer $2,278.93, the total amount of money received from the State of Minnesota for our efforts in the Safe and Sober program from the General Fund to the Police Department overtime budget line 1020. 6) Authorize acceptance of Juvenile Accountability Block Grant from the State of Minnesota MOTION: Authorize the Mayor and the City Manager to accept a grant from the State of Minnesota Office of Justice Programs/Juvenile Accountability Incentive Block Grant for $5,898 with a match of $655, which is to come from unexpended funds in the 2003 Police Department budget. 7) Approve Premises Permit Renewal/Application Class B Gambling License for VFW Post #230 MOTION: Direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the renewal of a Class B charitable gambling license for VFW Post #230, 4446 Central Avenue NE, Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. 8) Approve request for a Conditional Use Permit for Columbia Heights Rental to allow for outdoor storage in conjunction with the primary business for the proposed Columbia Heights Rental Center at 5045 and 5065 51 st Court NE. MOTION: Move to approve the Conditional Use Permit for Columbia Heights Rental to allow for outdoor storage in conjunction with the primary business at 5045 and 5065 51st Court NE, as the use is consistent with the General Business (GB) District, and meets required performance standards and required findings. 9) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for November 10, 2003 as presented regarding the new licenses for 2003 and the renewals for 2004. 10) Approve Payrnent of Bills MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 105683 through 105866 in the amount of $832,018.29. City Council Agenda November 10, 2003 Page 3 of 4 PUBLIC HEARINGS A) Public Heating to approve revocation of the Rental License for 4927 & 4935 University Avenue NE. MOTION: Move to table a Resolution of the City Council of the City of Columbia Heights approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Sela Investments regarding rental property at 4927 & 4935 University Avenue NE to the December 15, 2003 City Council meeting. B) Public Hearing to Adopt Resolution//2003-48, being an Order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about February 26, 3002 and to Adopt Resolution//2003-49, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about February 26, 2003. MOTION: Move to waive the reading of Resolution No. 2003-48, there being ample copies available to the public. MOTION: Move to Adopt Resolution #2003-48, being an Order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about February 26, 3002. MOTION: Move to waive the reading of Resolution No. 2003-49, there being ample copies available to the public. MOTION: Move to Adopt Resolution #2003-49, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about February 26, 2003. c) Public Hearing to review and approve the list of equipment to be purchased for the Local Law Enforcement Equipment Block Grant MOTION: Move to approve the list of equipment to be purchased with funding from the Local Law Enforcement Equipment Block Grant. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions - none B) Bid Considerations - none C) Other Business 1) Appointments to Park and Recreation Commission (two) for the remainder of the terms to expire on April 2004 and April 2006. MOTION: Move to appoint and to the Park and Recreation Commission for the remainder of the respective terms to expire on April 2004 and April 2006. 2) Authorize the bid award for the purchase of one Quint Fire Apparatus MOTION: Move to aware the purchase of a 109 foot Custom Quint Ladder Truck and various loose equipment to General Safety Equipment, based upon their low, qualified, responsible bid in the amount of $595,618 plus any additional taxes, with funds to be appropriated from 439-42200-5150; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager 1) Upcoming Work Session Items B) Report of the City Attorney City Council Agenda November 10, 2003 Page 4 of 4 e CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes.) 10. COUNCIL COMMUNICATION 11. ADJOURNMENT Walter R. ~efi~t, City Manager WF/pvm OFFICIAL PROCEEDING CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING OCTOBER 27, 2003 THESE B INUTES Oj[ BEEN The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, October 27, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Pastor Bill Hugo, St. Matthew Lutheran Church gave the Invocation. CALL TO ORDER/ROLL CALL Present: Mayor Wyckoff, Councilmember Nawrocki, Councilmember Ericson, Councilmember Kelzenberg Excused: Councilmember Williams PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Proclamations - none Presentations - Charter Commission membership update Clara Schmidt, second term member of the Charter Commission, asked for anyone interested in our government to apply to join the Charter Commission. She described the Commission and the Commissioner's duties, and the procedure to change statutes. Schmidt stated the need for citizens to help maintain the Charter in an updated manner. Nawrocki stated he has served on the Charter Commission, and commended Schmidt for her explanation of the Commission. He stated that State Statute has limited self-ruled Charter Cities, but it is good to learn what cities can and cannot do. Introductions - none Recognition - none CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the consent agenda items. 1) Approve City Council Meeting Minutes for October 13, 2003 and Special Assessment Levy Hearing for October 8, 2003 a) Motion to approve the minutes of the October 13, 2003, regular City Council meeting as presented. b) Motion to approve the minutes of the October 8, 2003 Special Assessment Levy Hearing as presented. Nawrocla' referred to page 7 of the October 13tn minutes, which should have indicated the entire Council did not accept the motion. He reference comments that petition signers were not aware of what they were signing because of the letter attached to the petition, so he read the top of the petition. Wyckoff stated that the petition is clear, but the accompanying letter dealt with other issues. Wyckoff stated the petition has been accepted. Nawrocki stated that it has not been accepted by the Council. City Council Minutes October 27, 2003 Page 2 of 15 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the October 16, 2003 minutes of the Telecommunications Commission. b) Motion to accept the September 29, 2003 minutes of the Library Board/City Council budget meeting and Library Board of Trustees. c) Motion to accept the August 20, 2003 minutes of the Housing and Redevelopment Authority. d) Motion to accept the September 16, 2003 minutes of the Economic Development Authority. 3) Establish a Public Heating date of Monday, November 10, 2003, at 7:00 p.m. or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic service programming and equipment rates and installation charges Comcast calculated in its February, 2003, rate filing. Motion to establish a Public Hearing date of Monday, November 10, 2003, at 7:00 p.m. or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic service programming and equipment rates and installation charges Comcast calculated in its February, 2003, rate filing. Fehst stated this Public Hearing is required by law. Even though the rates have not increased since duly, Comcast was authorized to increase rates to the maximum allowable. Nawrocki stated that when the original franchise was granted for general service the charge was SlOper month. In 1995- 1996 Congress gave away local government's authority and gave companies the right to raise rates. Now the rates for the same service are almost $50 per month. Wyckoff referred to the different levels of service. Fehst listed the channels available with basic service. 4) Adopt Resolution No. 2003-45, being a Resolution authorizing aoolication to the Minnesota Department of Employment and Economic Development for Contamination Cleanup Grant Program - Removed Fehst indicated the application would be to fund Phase One clean up of the industrial area, requesting $1.8 million, with a twelve percent City match. 5) Adopt Resolution No. 2003-43, being a Resolution authorizing application to the Metropolitan Council for Tax Base Revitalization Account Funding - Removed 6) Adopt Resolution No. 2003-47, being a Resolution to certify delinquent utility and miscellaneous charges to Anoka County for collection with the property taxes payable in 2004 Motion to waive the reading of Resolution No. 2003-47, there being ample copies available to the public. Motion to adopt Resolution No. 2003-47, being a Resolution to certify delinquent utility and miscellaneous charges to Anoka County for collection with the property taxes payable in 2004. RESOLUTION NO. 2003-47 CERTIFICATION OF DELINQUENT UTILITY AND MISCELLANEOUS CHARGES BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that THE COUNTY AUDITOR be, and he is hereby directed, to levy delinquent utility and miscellaneous delinquent bills on the properties in the City of Columbia Heights as listed on page 2 of this resolution and filed in the Assessment Book for 2003 totaling $11,750.72. BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual property tax statements for the current year and identified thereon as "Special Assessments - Fund #83723. SAID CHARGES shall be enforced and collected in the manner provided for the enforcement and collection of State and City Council Minutes October 27, 2003 Page 3 of 15 County taxes under and in accordance with the provisions of the general laws of the State. All delinquent utility and miscellaneous bills with penalties as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. THE CITY OF COLUMBIA HEIGHTS shall accept payments on these utility and miscellaneous bills until October 23, 2004. Upon receipt of said payments, the City will remove them from the certification list sent to Anoka County. 7) Establish a Public Hearing Date of Monday, November 10, 2003 for revocation or suspension of a rental property license at 4927 University Avenue and 4935 University Avenue NE Motion to Establish a Heating Date of November 10, 2003, at approximately 7:00 p.m. in the City Council Chambers, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights at 4927 University Avenue & 4935 University Avenue N.E. 8) Approve Rental Housing License Applications Motion to approve the items listed for rental housing license applications for October 27, 2003. 9) Approve Business License Applications Motion to approve the items as listed on the business license agenda for October 27, 2003 as presented regarding the new licenses for 2003 and the renewals for 2004. 10) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 105472 through 105682 in the amount of $1,113,937.34. Nawrocki commented on check #105569 to Aid Electric Service in the amount of $6,408 for lighting in the Police/Fire Training Room and check #105675for $775 to the University of Minnesota for three employees to attend a Public Works conference. In tough budget times, seeing these types of expenditures bother him. Sending three people to the same conference is unnecessary, especially considering personnel costs for them being away from the office. Wyckoff questioned the lighting bill. Police Chief Tom Johnson stated that the Fire Department had two rows of lighting added to the Training Room as presenters would not come here because of the poor lighting conditions and our employees were forced to attend necessary training in other cities. Wyckoff indicated the University of Minnesota check was not for room or board, but for conference fees, which Council did agree upon. Wyckoff stated that employees need to have this incentive and avenue to grow in their positions. Motion by Ericson, second by Nawrocki, to approve the Consent Agenda items, with the exception of items number four and five. Upon vote: All ayes. Motion carried. Item #4 Adopt Resolution No. 2003-45, being a Resolution authorizing application to the Minnesota Department of Employment and Economic Development (DEED) for Contamination Cleanup Grant Program Randy Schumacher, Community Development Assistant, indicated this application for $1.8 million is for clean up in Phase One of the industrial area. He indicated the required clean up is based on testing done this past summer with 85 test holes and five test wells, indicating a considerable amount of foundry waste with boron. Schumacher indicated the history of the City Council's high priority for this redevelopment project. Funds for the testing were also received from DEED. The Metropolitan Council staff informed Schumacher today that our predevelopment application ranked in the top seven projects and will be recommended for approval to the full Met Council. The application meets the standards and requirements for the State and Met Council. Schumacher referred to the current low tax base of the site and the estimated redevelopment value of $35 million, for Phase One of the project. Contamination clean up for the overall City Council Minutes October 27, 2003 Page 4 of 15 site will be $4.6 million. As this cannot all be funded at one time, the State has requested we submit these applications on a phased basis. An application can be submitted every six months. Nawrocla' questioned if Tax Increment Financing (TIF) is part of the redevelopment plan. Schumacher stated not at this point; concentration is to do the clean up and ready the site for development. Nawrocki referred to the Kmart site, where it will be 16years before taxes are realized to support local services. He indicated that jobs are more important than long-range hopes for more taxes. Schumacher spoke of working with Mr. Schaffer regarding the area he owns. Nawrocla' indicated that clean up should begin in the area west of 5tn Street, jumping over University to 3ra Street from 3 7th to 40th. Schumacher described the Phase One location. Ericson indicated that long term plans for the area are not finalized, and that staff is only asla'ng for authorization to submit grants for contamination cleanup. She encouraged the City to take advantage of the programs that are available. Motion by Ericson, second by Kelzenberg, to waive the reading of Resolution 2003-45, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson, second by Kelzenberg, to adopt Resolution 2003-45, being a resolution authorizing application to the Minnesota Department of Employment and Economic Development for Contamination Cleanup Grant Program.. Wyckoff agreed with the necessity to redevelop the parcel by University Avenue, but the study done shows a need for good housing. Nawrocla' indicated that the decision to begin in this area is a staff decision. Schumacher stated the main reason this area is Phase One is because it has the highest possibility to be funded at this point and would give us a good track record to show we can do such a redevelopment project. Upon vote: Kelzenberg, aye; Ericson, aye; Nawrocki, aye; Wyckoff, aye. 4 ayes. Motion carried. Nawrocki voiced his reluctance to vote in the affirmative. RESOLUTION 2003-45 RESOLUTION AUTHORIZING APPLICATION FOR MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT CONTAMINATION CLEANUP GRANT PROGRAM WHEREAS, the City Council of the City of Columbia Heights (the "City) has given their support to a master plan for redevelopment of industrial area properties; and WHEREAS, the City has found that there exists conditions of deterioration, blight, substandard structures, and environmental concerns, and there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration and promote redevelopment of the industrial area; and WHEREAS, the City has recently identified and completed Phase I and Phase II assessments of all industrial properties in the industrial planning area in which various potential contaminants were identified, with the City submitting a Response Action Plan (RAP) to the MPCA for cleanup; and WHEREAS, the total legislative appropriation for this grant program for fiscal years 2004-05 is $4,362,000, and the DEED grant requires applicants to pay an amount equal to 12 % of the cleanup costs from unrestricted money available to the City. With the local match to be an internal loan from the Capital Improvement General Government Building Fund and to be repaid at a 5 % interest rate; and NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights acts as the legal sponsor for the Contamination Cleanup Grant Program to be submitted on November 1, 2003, and that Walt R Fehst, Executive Director, is hereby authorized to apply to DEED for funding on behalf of the City of Columbia Heights, Minnesota; and BE IT FURTHER RESOLVED that the City of Columbia Heights has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration; and BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified; and City Council Minutes October 27, 2003 Page 5 of 15 BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or corrupt practice; and BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Columbia Heights, Minnesota may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that Columbia Heights certifies that it will comply with all applicable laws and regulations as stated in all contract agreements; and BE IT FURTHER RESOLVED that Walter R. Fehst is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has approved the Contamination Cleanup Grant Application submitted to the Department of Employment and Economic Development (DEED). Item #5 Adopt Resolution No. 2003-43, being a Resolution authorizing application to the Metropolitan Council for Tax Base Revitalization Account Funding Schumacher indicated this is the same application, as it is a joint funding process and these two groups would divide the total cost. Nawrocla' reiterated his comments from the first Resolution. Motion by Kelzenberg, second by Ericson, to waive the reading of Resolution 2003-43, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Ericson, to adopt Resolution 2003-43, being a resolution authorizing application to the Metropolitan Council Tax Base Revitalization Account Funding. Nawrocla' questioned spending $2 million without a result. $chumacher referred to the grant from the County to do the land use study, which indicated housing with an option of industrial use on the foundry site. The Council did adopt the general land use plan. When the property is cleaned up, Council will start guiding staff, and reviewing consultants and developers. Wyckoff indicated that nothing could happen until the ground is cleaned up. Fehst stated that with our standing to be funded, this is a worthy commitment. Nawrocla' questioned if this would end up as subsiding housing. Wyckoff stated that has never come into the conversation. Upon vote: Kelzenberg, aye; Ericson, aye; Nawrocki, aye; Wyckoff, aye. 4 ayes. Motion carried. Nawrocki voiced his reluctance to vote in the affirmative. RESOLUTION 2003-45 RESOLUTION AUTHORIZING APPLICATION FOR MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT CONTAMINATION CLEANUP GRANT PROGRAM WHEREAS, the City Council of the City of Columbia Heights (the "City) has given their support to a master plan for redevelopment of industrial area properties; and WHEREAS, the City has found that there exists conditions of deterioration, blight, substandard structures, and environmental concerns, and there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration and promote redevelopment of the industrial area; and WHEREAS, the City has recently identified and completed Phase I and Phase II assessments of all industrial properties in the industrial planning area in which various potential contaminants were identified, with the City submitting a Response Action Plan (RAP) to the MPCA for cleanup; and WHEREAS, the total legislative appropriation for this grant program for fiscal years 2004-05 is $4,362,000, and the DEED grant requires applicants to pay an amount equal to 12 % of the cleanup costs from unrestricted money available to the City. With the local match to be an internal loan from the Capital Improvement General Government Building Fund and to be repaid at a 5 % interest rate; and NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights acts as the legal sponsor for the Contamination Cleanup Grant Program to be submitted on November 1, 2003, and that Walt R Fehst, Executive Director, is hereby authorized to apply to DEED for funding on behalf of the City of Columbia Heights, Minnesota; and BE IT FURTHER RESOLVED that the City of Columbia Heights has the legal authority to apply for financial City Council Minutes October 27, 2003 Page 6 of 15 assistance, and the institutional, managerial, and financial capability to ensure adequate project administration; and BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified; and BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or corrupt practice; and BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Columbia Heights, Minnesota may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that Columbia Heights certifies that it will comply with all applicable laws and regulations as stated in all contract agreements; and BE IT FURTHER RESOLVED that Walter R. Fehst is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has approved the Contamination Cleanup Grant Application submitted to the Department of Employment and Economic Development (DEED). PUBLIC HEARINGS - none ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) Second Reading of Ordinance No. 1463, being a Ordinance adopting the permit fee schedules for Building Construction, Plumbing/Gas Piping, Heating/Cooling, Fire suppression, Wrecking and Moving, Signs and other related construction work; providing for the collection of the State Surcharge Fee; and formally establishing a refund policy as required by the MN State Building Code. Wyckoff indicated this Ordinance is a State requirement and will not raise permit fees. Motion by Ericson, second Nawrocki to waive the reading of Ordinance No. 1463, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson, second by Kelzenberg, to adopt Ordinance No. 1463, being an Ordinance adopting the permit fee schedules for Building Construction, Plumbing/Gas Piping, Heating/Cooling, Fire suppression, Wrecking and Moving, Signs and other related construction work; providing for the collection of the State Surcharge Fee; and formally establishing a refund policy as required by the MN State Building Code. Upon vote: Kelzenberg, aye; Ericson, aye; Nawrocki, aye; Wyckoff, aye. 4 ayes. Motion carried. (Ordinance No. 1463 printed at the end of this document) 2) Adopt Resolution No. 2003-46, accepting the 2003-2004 Federal Law Enforcement Block Grant in the amount of $12,616 and appropriating $1,402 in matching funds to come from unexpended funds in the 2003 Police Department budget and to set November 10, 2003, as the date for a Public Heating to review and approve the list of equipment to be purchased with this grant. Police Chief Tom Johnson indicated the Police Department has applied and qualified for this Block Grant every year since 1996. Available funds have been reduced by one-half since the program began. A $1,404 match wouM be required, which wouM come from funds budgeted for two car safety dividers and two light bars that were in the budget and wouM be used toward this grant. Motion by Kelzenberg, second by Nawrocki, to Adopt Resolution No. 2003-46, accepting the 2003- 2004 Federal Law Enforcement Block Grant in the amount of $12,616 and appropriating $1,402 in matching funds to come from unexpended funds in the 2003 Police Department budget. Nawrocki commended the Police Chief for finding funds for the required grant match. City Council Minutes October 27, 2003 Page 7 of 15 Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Kelzenberg, set November 10, 2003, at approximately 7:00 p.m. in the City Council Chambers, as the date for a Public Hearing to review and approve the list of equipment to be purchased with this grant. Upon vote: All ayes. Motion carried. RESOLUTION 2003-46 BEING A RESOLUTION ACCEPTING LOCAL LAW ENFORCEMENT EQUIPMENT BLOCK GRANT AND APPROPRIATING MATCHING FUNDS WHEREAS, the City of Columbia Heights Police Department has been granted $12,166 in an equipment block grant from the U.S. Department of Justice for the purpose of funding equipment, and; WHEREAS, a condition of the grant is that the City provide $1,402 in local match for this grant, and; WHEREAS, the City of Columbia Heights Police Department has provided the U.S. Department of Justice a proposal for implementation for this grant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: 1. The City of Columbia Heights enter into a cooperative agreement with the U.S. Department of Justice for the project entitled a "Local Law Enforcement Equipment Block Grant Program" for the period October 1, 2002, to September 30, 2004. 2. That $1,402 be appropriated from unexpended funds in the Police Department 2003 budget to pay the local match. Bid Considerations - none Other Business 1) Appointment to the Library Board (one) for the remainder of the term to expire April 2005; to the Park and Recreation Commission (two) for the remainder of the terms to expire on April 2004 and April 2006; and to the Human Services Commission (one) for the remainder of the term to expire April 2006. Mayor Wyckoff suggested tabling the Park and Recreation appointments, as there is one more candidate to interview and the commission does not meet again until the end of November. Nawrocki suggest tabling all appointments until Councilmember Williams returns. Wyckoff indicated that he was not at the first interviews. Motion by Nawrocki that appoints to the Boards and Commissions be tabled to the next regular Council meeting. V~yckoff indicated the desire to go ahead with the other two appointments. Wyckoff called for a second to the motion. Without a second, the motion was not considered. Motion by Nawrocki, second by Kelzenberg, to appoint Audrey Hyatt to the Library Board for the remainder of the term to expire April 2005, and to appoint Khaled Qamhieh to the Human Services Commission, for the remainder of the term to expire April 2006. Upon vote: Kelzenberg, aye; Ericson, aye; Nawrocki, aye; Wyckoff, aye. 4 ayes. Motion carried. Wyckoff thanked all those that applied She acknowledged Rob Fiorendino as a strong and valuable candidate. Nawrocla' suggested interviewing the last applicant at 6:30p. m. on Monday, November 3rd. Wyckoff instructed the Deputy City Clerk to schedule this interview. City Council Minutes October 27, 2003 Page 8 of 15 ADMINISTRATIVE REPORTS Report of the City Manager Fehst indicated the Work Session on November 3rd would include a presentation by the League of Minnesota Cities Insurance Trust on insurance claims, what liability insurance is, when they pay and when the City is liable for City issues. There will also be a presentation by the ftrm of Short/Elliott/ Hendrickson on the Utility Rate Study they have completed and the ftnal departmental budget meetings. Councilmernber Williams had requested discussion on the Design Guidelines, but Fehst indicated his desire to answer these questions prior to the Work Session. Report of the City Attorney - none CITIZENS FORUM Bridget Hansen, 4561 Chatham Road, submitted a petition with 220 signatures to save the deer on the Minneapolis Water Works property. She stated that a task force has been established, but is afraid that residents will not be kept informed. As Minneapolis Water Works personnel have not suggested killing the deer, B. Hansen questioned the need to do this. Deer populations are normally only controlled if they are damaging public property, but these deer are in an enclosed area. B. Hansen stated residents are being told that the deer are starving. Residents and people outside of the City feed the deer and they do not appear to be starving. B. Hansen stated there should be no intervention, and we should allow for natural "survival of the ftttest". Elaine Feely, 4601 Chatham Road, indicated the same sentiments as Ms. Hansen. Mayor Wyckoff suggested formally accepting the petition. Motion by Nawrocki, to accept the petition to save the deer. Second by Kelzenberg. Ericson stated that the City Attorney has indicated the Mayor may accept such a petition. Nawrocki indicated the petition shouM be accepted by the entire City Council as a courtesy. This does not indicate agreement with the petition. Ericson stated this is a question of procedure. Upon vote: All Ayes. Motion accepted. ,Jane Anderson, 1402 Circle Terrace, stated she is a business owner, and understands deer management. She indicated that the DNR states the number of deer recommended per acre would allow two deer for this site. Bow hunting was the DNR's choice for herd reduction, and will agree to what the City chooses to do. Anderson stated that many residents do not want the deer killed, and asked to look into management options such as zoo control, resource control, birth control, etc. Tony Reller, 4621 Chatham Road, indicated the deer are not hurting anyone. Wyckoff stated if the deer do not have a proper diet they will get dizzy and die of starvation. Andrew Sosa, 4316Arthur Street, indicated he has been going to see the deer since he was born, and that many people come to see the deer. They bring joy to the community, so why would you take that away. Kelly Faris, 4609 Chatham, a member of the task force, felt the task force wouM be better if it were a random pick of Columbia Heights residents. She stated that most members of the group are avid bow hunters. Faris felt she was not allowed to speak at the task force meeting and that some members tried to put a vote through when several members had already left. City Council Minutes October 27, 2003 Page 9 of ! 5 Wyckoff questioned the City Attorney as to what authority the City of Columbia Heights has in the Water Works area. Hoeft stated that without knowing how to euthanize the deer, he wouM not speculate on authority. Wyckoff questioned a sharp shooter and if the Water Works couM do anything with the deer without the City's approval. Hoeft referred to a past study regarding firearms, but never received a definitive answered. Hoeft stated we couM only support the City's ordinance. Nawrocki indicated displeasure that the Water Works is not taking responsibility in this issue, and the DNR is not being helpful. This problem is not unique to this area. A resident asked what the problem really is. Nawrocki stated that there are more deer in the Water Works area than the property can handle, and the deer will die of their own accord. The resident stated that wouM be preferable to people killing them. Discussion included the amount of vegetation required to adequately feed a deer and the necessary acreage requirement. Nawrocki stated the herd is looking thin and is estimated to have increased to 50 deer in this confined area. A resident indicted this would be like "shooting fish in a barrel". A resident indicated that there are only two reasons to dispose of animals, danger to public safety and public property. Nawrocki stated it would be inhumane to let them starve. A resident suggested letting "nature take its course ", as no one has proved the deer are starving. Faris indicated that the deer would overcompensate in reproduction to compensate for any loss of the herd. Ericson acknowledged that residents and people outside of the community love to come and see the deer. She encouraged everyone involved to get good information before taking any action. In the past there was a concern that deer droppings could contaminate the water, but was found not to be true. We need to sort fact from fiction and find out if this is or is not a problem. Pam Johnson, 4316 Arthur, asked that any information received be passed on to the public. Ericson stated that we must get good information and not base decisions just on what other cities do. Kelzenberg stated that the Water Works personnel have indicated problems with the deer setting off their security alarms. Wyckoff indicated that five years ago the City Council voted to have the deer destroyed because of cryptosporidium, which was found to not be true. Currently, the deer are too thin, and they are inbred. Wyckoff stated her concern with seeing deer lying in an open fieM in daylight hours, which is not normal. Two weeks ago there was a security breach at the Water Works and they sent a helicopter over with a heat sensor. This indicated 55 to 60 hot spots, which were deer. The task force was chosen from residents on all sides of the Water Works and the DNR. The Water Works has agreed to keep more than two deer. The DNR suggests killing the deer or letting them starve. If birth control were used the deer wouM have to be tagged, but if they get out of the confined area, the public wouM have to be made aware of it. Wyckoff indicated concern about PETA involvement leading to possible damages to our water supply. Wyckoff stated her displease to do anything, and hopes to reach a compromise. There is standing water for the deer, but it is not good to feed them corn, as they need a more balanced diet. The deer population in this confined area is to high. Wyckoff stated that she does not know if bow hunting is the best way, but does not believe in shooting them. It has been suggested to give the meat to the local food shelf, or possibly to an Indian group, but food shelves cannot accept meat that has not been inspected an approved. Faris indicated that Native Americans would reject such an offer. A young resident suggested releasing the deer into the wild. Wyckoffstated that the DNR would not issue a permit for this, as they would not survive the trauma. City Council Minutes October 27, 2003 Page 10 of 15 A resident asked if the Minneapolis Water Works personnel raised the deer question. Wyckoffindicatedyes, they contacted our Public Works Director. Fehst stated he knows this really bothers the Mayor to consider, but people from the area have asked what we are going to do. We do not want the unpleasantness of watching the deer starve to death. A resident asked if anyone could attend the task force meeting. Wyckoff indicated everyone was welcome. Faris stated there is no proof as to the number of deer, nor that they are starving. The deer are out in the open areas because they are avoiding the construction work on the site. Anderson indicated the desire to see a veterinarian and the U ofMAnimal Managementpresent at these meetings for their insight. Wyckoff indicated the desire to come up an alternative to killing the deer. She suggested that anyone with articles or contacts with experts bring them to the task force meeting. Wyckoff indicated the next meeting of the task force would be Monday, November 3ra at 2:00p. m. COUNCIL COMMUNICATION Nawroeki · As the representative on the Suburban Rate Authority, concerned with money spent for a consultant report regarding Municipal Electric Utilities. However, the points made were interesting, as you do not need to own your own plant, and you can go on-line to buy your electricity. 124 cities are involved in their own electric utilities; there are also co-ops for groups to join together. In 2006 the freeze on Excel's ability to raise rates will expire and they will look for increases to fund changing their plants fi.om coal to gas. He offered the report for review. Letter fi.om Anoka County indicating there would be an upcoming appointment to the Rice Creek Water Shed District. Anyone interested should contact Jim Kordiak. Referred to the Public Works budget review meeting indicating new sources of revenue to get money from residents in community through franchise fees, levy increases, HRA levy increases, and increases from Anoka County HRA if they take over our senior housing. Requested information from the Recreation Department on the number of people that participate in the various programs, and the total number of people in programs, not counting if they are in multiple programs. Requested copy of the Planning and Zoning Commission special meeting agenda regarding the Kmart site, of October 28th. Ericson · Last Friday was Make a Difference Day. We were recognized for our involvement in the St. Paul Pioneer Press. Invited anyone interested to attend the next Rising to New Heights meeting on November 11, 2003. Nawrocki stated that he asked to be part of the group when it was formed, but was told the City could not be involved. Wyckoff indicated that has change& Ericson is involved, but is not on the Board. Wyckoff also referred to a newspaper article where Adam Davis was quoted regarding the Rising to New Heights promotion of Columbia Heights. Wyckoff · Will not be able to attend the special Planning and Zoning Commission meeting, as she has a prior commitment to a meeting with the schools. · Referred to an article about the new company in Columbia Heights called "Nuture, Inc.", which handles volcanic ash products. All of their employees live in Columbia Heights. They had contacted City Council Minutes October 27, 2003 Page 11 of 15 our Community Development Department, who helped them find a business site in town. Listed where their products are sold and their web site address. Ericson stated that she has sampled their projects and is very impressed. They will have a booth at the Taste of Heights. Wednesday, November 5th is Shop with the Mayor and ride the 801 Metro Transit Bus for free. This is to promote the 801 Bus that travels from Brookdale to Rosedale, because Metro Transit has indicated they would need to reduce availability if ridership does not increase. Meet at the Transit Hub at 10:30 a.m. for a photo oppommity. Senator Chaudhary and Representative Goodwin will be present. Kelzenberg · Still working to set up the 500 card games, which will be held in the senior room at Murzyn Hall. Games may possibly begin next month. ADJOURNMENT Mayor Wyckoff adjourned the meeting at 9:15 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary ORDINANCE 1463 BEING AN ORDINANCE ADOPTING THE PERMIT FEE SCHEDULES FOR BUILDING CONSTRUCTION, PLUMBING/GAS, PIPING, HEATING/COOLING, FIRE SUPPRESSION, WRECKING AND MOVING, SIGNS AND OTHER RELATED CONSTRUCTION WORK; PROVIDING FOR THE COLLECTION OF PLAN REVIEW FEES; PROVIDING FOR THE COLLECTION OF THE STATE SURCHARGE FEE; AND FORMALLY ESTABLISHING A REFUND POLICY AS REQUIRED BY THE MN STATE BUILDING CODE. Section 1. Permit Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes 16B.62, subdivision 1. Therefore, Fees for Permits and Plan Reviews will be assessed in accordance with the attached Fee schedule that is being adopted by the City of Columbia Heights. In addition, a surcharge fee shall be collected on all permits issued for work governed by this MN State Building Code in accordance with MN Statute 16B.70. Section 2. Refund Policy. As required by the Minnesota State Building Code the following refund policy will be adopted as part of this Ordinance. The Building Official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with the code. The Building Official may also authorize refunding of not more than 80 percent of the plan review fee when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The Building Official shall only authorize refunding of any fee paid when a written request has been submitted by the original applicant not later than 180 days after the date of fee payment. Section 4. Effective Date of Ordinance. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: October 13, 2003 October 27, 2003 October 27, 2003 City Council Minutes October 27, 2003 Page 12 of 15 BUILDING PERMIT FEES CITY OF COLUMBIA HEIGHTS Valuation 0 - 800 801 - 900 901 - 1,000 1,001 - 1,100 1.101 - 1,200 1.201 - 1,300 1.301 - 1,400 1.401 - 1,500 1~501 - 1,600 1~601 - 1,700 1 ~701 - 1,800 1.801 - 1,900 1,901 - 2,000 2,001 - 3,000 3,001 - 4,000 4,001 - 5,000 5,001 - 6,000 6,001 - 7,000 7,001 - 8,000 8,001 - 9,000 9,001 - 10,000 10.001 - 11,000 11.001 - 12,000 12.001 - 13,000 13.001 - 14,000 14 ~001 - 15,000 15 ~001 - 16,000 16.001 - 17,000 17~001 - 18,000 18~001 - 19,000 19~001 - 20,000 20,001 - 21,000 21,001 - 22,000 22,001 - 23,000 23,001 - 24,000 24,001 - 25,000 Fee 35.00 35.70 38.75 41.80 44.85 47.90 50.95 54.00 57.05 60.10 63.15 66.20 69.25 83.25 97.25 111.25 125.25 139.25 153.25 167.25 181.25 195.25 209.25 223.25 237.25 251.25 265.25 279.25 293.25 307.25 321.25 335.25 349.25 363.25 377.25 391.25 Valuation 25,001 -26,000 26,001 - 27,000 27,001 - 28,000 28,001 - 29,000 29,001 - 30,000 30,001 - 31,000 31,001 - 32,000 32,001 - 33,000 33,001 - 34,000 34,001 - 35,000 35,001 - 36,000 36,001 - 37,000 37,001 - 38,000 38,001 - 39,000 39,001 - 40,000 40,001 - 41,000 41001 - 42,000 42001 - 43,000 43 001 - 44,000 44 001 - 45,000 45 001 - 46,000 46 001 - 47,000 47 001 - 48,000 48 001 - 49,000 49 001 - 50,000 50,001 - 51,000 51,001 - 52,000 52,001 - 53,000 53,001 - 54,000 54,001 - 55,000 55,001 - 56,000 56,001 - 57,000 57,001 - 58,000 58,001 - 59,000 Fee 401.35 411.45 421.55 431.65 441.75 451.85 461.95 472.05 482.15 492.25 502.35 512.45 522.55 532.65 542.75 552.85 562.95 573.05 583.15 593.25 603.35 613.45 623.55 633.65 643.75 650.75 657.75 664.75 671.75 678.75 685.75 692.75 699.75 706.75 Valuation $ 59,001 - 60,000 60,001 - 61 000 61,001 - 62 000 62,001 - 63 000 63,001 - 64000 64,001 - 65000 65,001 - 66 000 66,001 - 67 000 67,001 - 68 000 68,001 - 69 000 69,001 - 70 000 70,001 - 71 000 Fee 713.75 720.75 727.75 734.75 741.75 748.75 755.75 762.75 769.75 776.75 783.75 790.75 Valuation 106,001 -107,000 107,001 -108,000 108,001 -109,000 109,001 -110,000 110,001 -111,000 111,001 -112,000 112,001 -113,000 113,001 -114,000 114,001 -115,000 115,001 -116,000 116,001 -117,000 117,001 -118,000 Fee 1032.95 1038.55 1044.15 1049.75 1055.35 1060.95 1066.55 1072.15 1077.75 1083.35 1088.95 1094.55 CiW Council Minutes Octob~ 27, 2003 Page 13 of 15 71,001 - 72,000 72,001 - 73,000 73,001 - 74,000 74,001 - 75,000 75,001 - 76,000 76,001 - 77,000 77,001 - 78,000 78 001 - 79,000 79 001 - 80,000 80 001 - 81,000 81 001 - 82,000 82 001 - 83,000 83001 - 84,000 84001 - 85,000 85001 - 86,000 86,001 - 87,000 87.001 - 88,000 88 001 - 89,000 89 001 - 90,000 90001 - 91,000 91 001 - 92,000 92 001 - 93,000 93001 - 94,000 94 001 - 95,000 95001 - 96,000 96,001 - 97,000 97,001 - 98,000 98,001 - 99,000 99,001 -100,000 100,001 -101,000 101,001 -102,000 102,001 -103,000 103,001 -104,000 104,001 -105,000 105,001 -106,000 Valuation 154,001 - 155,000 155,001 - 156,000 156,001 - 157,000 157,001 - 158,000 158,001 - 159,000 159,001 - 160,000 160,001 - 161,000 161,001 - 162,000 162,001 - 163,000 163,001 - 164,000 164,001 - 165,000 165,001 - 166,000 166,001 - 167,000 167,001 - 168,000 168,001 - 169,000 169,001 - 170,000 170,001 - 171,000 171,001 - 172,000 797.75 804.75 811.75 818.75 825.75 832.75 839.75 846.75 853.75 860.75 867.75 874.75 881.75 888.75 895.75 902.75 909.75 916.75 923.75 930.75 937.75 944.75 951.75 958.75 965.75 972.75 979.75 986.75 993.75 999.35 1,004.95 1,010.55 1,016.15 1,021.75 1,027.35 1,296.15 1,301.75 1,307.35 1,312.95 1,318.55 1,324.15 1,329.75 1,335.35 1,340.95 1,346.55 1,352.15 1,357.75 1,363.35 1,368.95 1,374.55 1,380.15 1,385.75 1,391.35 118,001 119,001 120,001 121,001 122,001 123,001 124,001 125,001 126,001 127,001 128,001 129,001 130,001 131,001 132,001 133,001 134,001 135,001 136,001 137,001 138,001 139,001 140,001 141,001 142,001 143,001 144,001 145,001 146,001 147,001 148,001 149,001 150,001 151,001 152,001 -119,000 -120,000 -121,000 -122,000 -123,000 -124,000 -125,000 -126,000 -127,000 -128,000 -129,000 -130,000 -131,000 -132,000 -133,000 -134,000 -135,000 -136,000 -137,000 -138,000 -139,000 -140,000 -141,000 -142,000 -143,000 -144,000 -145,000 -146,000 -147,000 -148,000 -149,000 -150,000 -151,000 -152,000 -153,000 1100.15 1105.75 1111.35 1116.95 1122.55 1128.15 1133.75 1139.35 1144.95 1150.55 1156.15 1161.75 1167.35 1172.95 1178.55 1184.15 1189.75 1195.35 1200.95 1206.55 1212.15 1217.75 1223.35 1228.95 1234.55 1240.15 1245.75 1251.35 1256.95 1262.55 1268.15 1273.75 1279.35 1284.95 1290.55 $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 of valuation plus $5.60 for each additional $1,000.00 or fraction thereof up to and including $500,000.00. $500.001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00 of value or fraction thereof to and including $1,000,000.00. $1,000,001.00 and up $5,608.75 for the f'u'st Ci~ Council Minu~s October 27, 2003 Page 14 of 15 172,001 - 173 000 173,001 - 174 000 174,001 - 175 000 175,001 - 176 000 176,001 - 177 000 177,001 - 178 000 178,001 - 179 000 179,001 - 180 000 180,001 - 181 000 181,000 - 182 000 182,001 - 183 000 183,001 - 184 000 184,001 - 185 000 185,001 - 186 000 186,001 - 187 000 187,001 - 188 000 188,001 - 189 000 189,001 - 190 000 190,001 - 191 900 191,001 - 192000 192,001 - 193 000 193,001 - 194000 194,001 - 195 000 195,001 - 196000 196,001 - 197 000 197,001 - 198 ~00 198,001 - 199,000 199,001 - 200,000 200,001 - 201,000 1,396.95 1,402.55 1,408.15 1,413.75 1,419.35 1,424.95 1,430.55 1,436.15 1,441.75 1,447.35 1,452.95 1,458.55 1,464.15 1,469.75 1,475.35 1 480.95 1 486.55 1492.15 1 497.75 1 503.35 1508.95 1 514.55 1 520.15 1 525.75 1 531.35 1 536.95 1 542.55 1 548.15 1 553.75 $1,000,000.00 of value plus $3.65 for each additional $1,000.00 of value or fraction thereof. Plan Review Fees 65% of Permit Fees Investigation Fees - Equal to and in addition to permit fee. Surcharge: Value x .0005 with minimum charge of $.50 HEATING/COOLING PERMITS Fees for Residential Mechanical Permits shall be calculated as follows on a per unit basis, with a minimum permit fee of $35.00. Surcharges shall be a flat $.50 per permit. Air Conditioner $25 Air to Air Exchanger $15 Chimney liner $10 Ductwork $10 Fireplace (Gas or Wood) $50 Furnaces/boilers up to 125,000 btu input $50 Furnaces/boilers over 125,000 btu input $75 Gas Dryer $10 Gas Piping $10 Gas Range/Oven $10 Gas Grill $10 Pool Heater $10 Fees for Commerical/Industrial/Institutional Mechanical Permits will be based on total cost of work calculated by using the Building Permit Fee Schedule. The total cost of work shall include all labor and materials supplied by the contractor. The minimum Permit fee shall be $35.00. The surcharge shall be calculated by taking the value x .0005 PLUMBING/GAS PIPING PERMITS Residential Permit Fees shall be computed on the basis of the number of fixtures provided for in the permit in accordance with the following schedule: Residential is def'med as single family, two family dwelling, townhouse unit and multi-family unit. Fees for Group "A" fixtures at $10.00 each with a minimum fee of $35.00 Bathtub floor drain sink Gas Piping Bidet pool heater water closet Water supply-inside Backflow prev. laundry tray Washer Sewer repair-inside Dryer lavatory Water softener Water supply-outside City Council Minutes October 27, 2003 Page 15 of 15 Dishwasher shower Water Heater Sewer supply-outside Surcharges for all plumbing permits are a flat $.50 when there is a Permit Fee under $1,000. Fees for Commercial/Industrial/Institutional Plumbing Installations/Repairs will be based on the total cost of the work calculated by using the Building Permit Fee Schedule. The total cost of the work shall include all labor and materials supplied by the Contractor. The Minimum Fee shall be $35.00. The surcharge shall be calculated by taking the value x .0005 SEWER/WATER PERMITS Permits will be required for all installation, alterations, repairs of any domestic water or sewer lines, commercial water/sewer lines or any water line to be used for fire suppression systems. For any job requiting City crews to make a water or sewer tap, the Contractor must provide an OSHA approved trench box before City Crews will perform tapping operations. Fees will be $35 plus parts and tax when applicable. Surcharges will be a flat $.50 for all sewer/water permits when permit fee is under $1,000. PERMITS FOR WATER METERS The fees collected for the installation of water meters for residential, commercial, industrial, institutional installations will be calculated at 15% over the cost of the meter, plus sales tax. No surcharge will be collected. FIRE SUPPRESSION/SPRINKLER PERMITS Permit fees and surcharge will be figured by using the same fee chart as for Building Permits based on the cost of the job. DEMOLITION PERMITS Permit fees and surcharges will be based on same schedule as for a building permits, based on the cost of the job. MOVING PERMITS Fees for the moving or raising of any minor building such as a utility building or garage will be calculated at a fee of $50.00 per structure. Fees for the moving or raising of all other building will be calculated at a fee of $100 per structure. Permits will be require if passing through the City off of US Highways or County streets. Fees to be calculated at $50 per structure. INSTALLATION/REMOVAL of FLAMMABLE/COMBUSTIBLE STORAGE TANKS and LP GAS TANKS Fees for the installation, removal, or alteration of any above ground or below ground storage tanks or LP tanks will be calculated at $30 per tank. All installations must be approved by the State Fire Marshall and local Fire Dept. STREET EXCAVATION/DUMPSTER PERMITS Permits are obtained at the Public Works Dept. Fees will be charged for the permits, but no surcharge is collected. THESE MINUTES HAVE NOT BEEN APPROVED City of Columbia Heights Park and Recreation Commission October 22, 2003 The meeting was called to order by Eileen Evans at 6:00 p.m. ROLL CALL Members present: Eileen Evans; Jerry Foss; Tom Greenhalgh; Bruce Kelzenberg; David Payne; Keith Windschitl, Recreation Director; Kevin Hansen, Public Works DirectoffCity Engineer Also Present: Karen Moeller Excused Absent: Gary Mayer Absent: None APPROVAL CONSENT AGENDA Motion to approve consent agenda by Foss; second by Greenhalgh. All ayes, motion carried. LETTERS AND REQUESTS ALL NIGHT SENIOR PARTY REQUESTS FEES WAIVED Recreation Director, Keith Windschitl, informed the Commission that the All Night Senior Party, which will be held June 8th -- June 11th 2004, including an overnight rental that runs from Thursday into Friday, would like fees to be waived for this event. Commission Member, Jerry Foss, explained that it's not the school district but the parents that host this event for graduating seniors. Motion by Payne, second by Greenhalgh to waive fees entirely for the Senior All Night Party. All ayes, motion carried. REQUEST FOR FEES WAIVED FOR 500 CARD CLUB Council Member, Bruce Kelzenberg, is requesting for fees waived for a 500 card club. He stated that he would like to see the community have the option to get together to play 500 at JPM in the Senior Center. They would meet one or two Fridays per month and charge between $3.00 and $5.00 per person. Recreation Director, Keith Windschitl, indicated that the Senior Center is not typically rented out on Friday evenings. An option of eliminating the need for a custodian for these rentals would be allowing Bruce Kelzenberg to have a key for the building. Motion by Payne, second by Greenhalgh to waive fees and have all City, County and State laws adhered too. All ayes, motion carried. PAGE TWO REQUEST FOR FEES WAIVED FOR A HOLIDAY KICK OFF PARTY Recreation Director, Keith Windschitl, indicated that Columbia Heights resident, Gary Peterson, is requesting fees waived for a holiday kick off party to be held on Saturday, hlovember 29, 2003. All proceeds from the holiday kick off party will go towards a Columbia Heights Community Center. Motion by Foss, second by Greenhaigh to waive fees entirely for the Holiday Kick Off party. All ayes, motion carried. REQUEST FOR FEES WAIVED FOR A 'WALK FOR LEUKEMIA' FUNDRAISER Recreation Director, Keith Windschitl, indicated that Columbia Heights resident, Mary Cross, is requesting for fees waived for a 'Walk for Leukemia' fundraiser to be held at JPM on Saturday, January 10, 2004. Commission Chairperson, Eileen Evans, stated that the Commission should comply with the reduced rate policy of $40.00 entry fee and $15.00 per hour. Motion by Foss, second by Greenhalgh to reduce fees to $40.00 entry fee and $15.00 per hour for the 'Walk For Leukemia' fundraiser. All ayes, motion carried. OLD BUSINESS There is no old business at this time. NEW BUSINESS RESIGNATION OF BILL PETERSON FROM PARK AND RECREATION COMMISSION Commission Chairperson, Eileen Evans, informed the Commission of Bill Peterson's letter of resignation. Recreation Director, Keith Windschitl, stated that the City Council has interviewed for this position and will appoint an applicant upon making their final decision. PARK AND RECREATION COMMISSION MEETING DATES FOR NOVEMBER AND DECEMBER Recreation Director, Keith Windschitl, discussed the options for the Park and Recreation Commission meetings for November and December. Due to the holiday season and other Board and Commission meetings, the meetings will be changed to Tuesday, November 25, 2003 and Tuesday, December 16, 2003. Both meetings will be held at 6:30 p.m. PAGE THREE REPORTS RECREATION DIRECTOR P~ecreation Director, Keith Windschitl, informed the Commission of Central Mi_ddle School's intent to charge the Recreation Department $45.00 per hour after 9:00 p.m. during the week and any duration during the weekend. This information was brought to the Superintendent's attention during the Columbia Heights Athletic Booster's meeting on Wednesday, October 15, 2003. The Superintendent is going to look into this and let the Recreation Director know what is happening with this matter. Recreation Director, Keith Windschitl, stated that a decision would need to be made concerning the rental rates for 2005. He is also suggesting making Friday rentals more desirable to potential renters. Currently there are 22 Heights resident rentals, 23 non- resident rentals, ten rentals at the rate of $40.00 entry fee and $15.00 per hour and ten rentals with fees waived. This item will appear on the upcoming 2003 agenda. Recreation Director, Keith Windschitl, informed the Commission of the Commission Dinner to be held at JPM on Wednesday, December 10, 2003. This event will recognize volunteer groups (Boards, Commissions, and Beautification Committee). PUBLIC WORKS DIRECTOR/CITY ENGINEER Public Works Director/City Engineer, Kevin Hansen, informed the Commission that the Huset Park Master Plan is under way. A meeting was held with the Huset Park Neighborhood group, which was well attended. He will present the Huset Park Master Plan at the December 2003 Commission meeting. Public Works Director/City Engineer, Kevin Hansen, handed out a spreadsheet that indicated the average daily usage of skating/hockey rinks in Columbia Heights from 1998 to 2003. The Public Works Department has received direction from the City Council to keep 2 to 4 finks open. The hockey and recreational rinks, along with the buildings, that will be kept open during the 2003-2004 season will be Keyes Park, McKenna Park and Ostrander Park. Commission Member, David Payne, suggested that only ice be made at Gauvitte Park, stating that there is no ice finks on the west side of University. Kevin Hansen indicated for only ice to be made at Gauvitte Park would save the city $3,000 to $4,000. Motion by Greenhalgh, second by Payne to accept Keyes Park, McKenna Park and Ostrander Park remaining open and for ice only at Gauvitte for the 2003-2004 season. Upon vote, ayes, Greenhalgh, Payne, and Evans. Abstained, Foss. Motion carried. PAGE FOUR COMMISSION MEMBERS Commission Member, Jerry Foss, informed the Commission of his trip to Tampa, Florida, and what their recreational programs has to offer. Jerry Foss stated coaches are certified, football has weigh-ins every Saturday morning, the stands are full, the. re are cheerleaders for every event and there are concession stands for every event, they play on the High School field and the players are all announced. Jerry Foss would like to see something similar implemented within the Columbia Heights Recreation programs. ADJOURNMENT Meeting adjourned at 6:54 p.m. Tina Foss, Park and Recreation Commission Secretary PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING OCTOBER 28, 2003 7:00 PM APPROVED. The meeting was called to order at 7:00 pm by Chairperson, Ted Yehle. Roll Call: Commission members present- Peterson, Szurek, Schmitt, Bakerl and Yehle. Also present were Tim Johnson (City Planner), Bob Streetar (Community Development Director), Kevin Hansen (Public Works Director), Shelley Hanson (Secretary), Tami Ericson (Council Liaison), and Ciara Schlicting (From Dahlgren, Shardlow, and Uban). Motion by Szurek, seconded by Schmitt, to approve the minutes from the meeting of September 2, 2003 as submitted. All ayes. MOTION PASSED. PUBLIC HEARINGS Case #: 2003-1014-15 Preliminary Plat, Site Plan Review of Grand Central Lofts Applicant: Nedegaard Custom Homes Address: 4707, 4747, 4757, 4801, 4811, 4849 Central Avenue NE, Columbia Heights, MN Zoning: Transit Oriented Mixed Use Development District Nedegaard Custom Homes has requested the approval of the Preliminary Plat and Site Plan of properties located at 4707, 4747, 4757, 4801, 4811, and 4849 Central Avenue NE. Bob Streetar, Community Development Director, provided some background on the site and how a task force made up of residents, business owners, and the developer worked together to arrive at the concept being proposed in this plan. He then introduced Ciara Schlicting from Dahlgren, Shardlow, and Uban who made the presentation to the Commission and people in attendance. Ms. Schlicting explained this project is bounded by 49th Avenue on the north, Cheery Heights Neighborhood on the east, 47t" Ave on the south, and Central Avenue on the west. This new project area will be referred to as Grand Central Lofts. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 2 An application has been made by Nedegaard Custom Homes ("the Developer"), the owner of the subject property, for Preliminary Plat approval and Site Plan review for the Grand Central Lofts, a redevelopment of the Kmart Site. Proposed are 218 units of for-sale housing with price points ranging fi.om $170,000 to $330,000. The housing includes three condominium buildings containing 66 units each and 20 townhomes in four groupings, with associated open space. Future phases of development will include a community center and commercial uses. Two actions will be taken by the Planning Commission one for the Preliminary Plat and one for the Site Plan. The Preliminary Plat review onl7 pertains to the portion of the Kmart redevelopment area that contains the vacant Kmart store and parking lot and the Arby's site. The Site Plan review pertains to the entire residential portion of the site plan except for design of the townhomes. The community center building design will be reviewed at such time as the final program and design of the center has been determined. The commercial site plan and building design will be reviewed as part of a future development phase. The Grand Central Lofts Site Plan has been designed in accordance with the goals and objectives of the Kmart Redevelopment Concept Plan developed by the Kmart Advisory Group under the guidance of the City Council. In May 2003, the City of Columbia Heights initiated a planning process for the Kmart Site for the purpose of creating a redevelopment plan for the outdated and mostly vacant retail center. Goals of the plan include more employment opportunities within the City, new housing option previously not available in the City, increased opportunities for transit use, amenities to promote walking and biking, and an improved image and vitality of Central Avenue. A City Council-established citizen advisory group and the Developer worked closely to create the Concept Plan to meet the needs of both the community and the Developer. Planning Considerations Comprehensive Plan 1) Approval of the Comprehensive Plan designation for this site was recommended by the Planning Commission on August 2, 2003; approved by the City Council on August 11, 2003; and approved by the Metropolitan Council on August 21, 2003. 2) The Comprehensive Plan designation for the property is Transit Oriented Development. Specifically, the Comprehensive Plan states that these areas "will focus on the commuting needs of Columbia Heights residents. As a result, a higher percentage of service-oriented commercial/retail development will be necessary with high-density residential development providing the. balance of the development. Mixed-Use pedestrian-oriented development near transit nodes will provide oppommities for high-density residential and neighborhood commercial development. Redevelopment of these areas will also provide the oppommity for pedestrian linkages to other parts of the community and improvement of the overall non- motorized circulation system within the community that will help improve the image of Columbia Heights." PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 3 3) The proposed Kmart redevelopment complies with the Comprehensive Plan designation: · The development is located along an existing transit route; · New residents will be able to commute to work via the existing transit routes; · The development will occur in phases, with the initial phase being high-density residential development. Subsequent phases will include commercial development and a community center. Patrons of the existing and new commercial areas will be able to patronize any new business via transit; · A high percentage of the area will continu~ to provide service-oriented commercial/retail along Central Avenue and new higher density residential uses will balance the development and provide a transition~ fi.om commercial development to the adjacent residential areas; and · The development will provide pedestrian connections to and through the subject properties. Zoning Ordinance 4) The zoning classification for the property is Mixed-Use District. The Planning Commission recommended approval of the rezoning on September 2, 2003. The first reading of the City Council for the rezoning was held on September 22, 2003. The second reading of the City Council was held on October 13, 2003. Rezoning officially takes effect on November 13, 2003. 5) The purpose of the Mixed Use District is to promote development and redevelopment that facilitates linkages and interaction of transit services, housing and neighborhood services. The focus of land use within this district is to ensure a pedestrian friendly environment and pedestrian connections to and from residential development and transit facilities. The mix of land use shall be flexible to help facilitate a successful development. The minimum density allowed is 12 units/acre and the maximum density is 20 units/acre. 6) The proposed Kmart redevelopment complies with zoning designation. The size of the subject property is approximately 14.91 acres. A total of 218 units are proposed for the site, for a density of 14 units/acre. Residential uses are comprised of three condominium buildings containing 66 units each and four groupings of townhomes containing a total of 20 units. 7) The proposed plat is divided into four outlots. Outlot A contains the three condominium buildings, community center and pond; Outlot B contains the 20 townhome units, open space, and ponds; Outlot C will contain commercial uses in future phases of development; and Outlot D is comprised of a sloped landscaped buffer that will be privately owned and maintained. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28,2003 PAGE 4 Circulation, Access, Parking and Sidewalks 8) Circulation through the site is provided through a new public right of way that runs along the western boundary of the site from 47th Avenue to 49th Avenue. A privately-maintained interior roadway circulates through the rest of the site providing access to the condominium garages and townhome garages, as well to the community center site and on-street parking spaces. 9) 11) 12) The new right-of-way access at 47th Avenue does not align directly with Tyler Street but is off set. It is not the ideal alignment, but given site constraints, City Staff finds it acceptable. The parking requirement for.multiple family buildings is two covered spaces per every two- bedroom trait and one covered space for every one-bedroom unit. The condominium buildings meet this requirement. Each building contains a total of 66 units. There will be a maximum of 62 2-bedroom units and a minimum of 4 1-bedroom units. There will be 128 garage spaces per building, satisfying the requirements for both 1- and 2-bedroom units. The parking requirement for townhomes is two covered spaces per unit. There are 20 units, each with a two-car garage, for a total of 40 parking spaces. Additionally, there are 83 on-street parking spaces, for a total of 507 spaces at the development. The performance standards for the Mixed Use District require sensitivity to adjacent usable open space and include pedestrian/bicycle connections to enhance existing circulation patterns. The development will provide approximately 5 acres of green space (34% of site area) and .77 acres of sidewalks (5% of site area). The green space includes areas of open space surrounding ponds and buildings. The sidewalks consist of trails around open space areas, along the edges of the condominium buildings and surrounding the interior edge of the development. When Outlot C is developed in a later phase, the internal sidewalk on the 47th Avenue side of the development will be extended to Central Avenue. Additionally, staff encourages the extension of the sidewalk east toward Fillmore. The Fire Department indicated that access to the condominium buildings may be restricted. The comer radii of the privately-maintained interior roadway, which cimulates around the condominiums, may not allow emergency vehicles (e.g., fire tracks) to move around fi'eely. The turning radii of the interior roadways need to accommodate emergency vehicles. The on-street vehicle parking shown around two of the condominium buildings, Block 2 and Block 3, may restrict the access of fire equipment. Before final plat approval, the Site Plan will need to assure that adequate access to the condominium buildings is provided. Also, the location of the proposed fire hydrant located on the south side of 47th Avenue does not benefit the site due to topography. A fire hydrant should be located on the south side of Outlot A. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 5 Transit 13) The transit stop servicing northbound traffic currently stops just north of 47th Avenue, directly in front of Arby's. The transit stop servicing southbound traffic currently stops on the Hilltop side of Central, on the northwest side of 47th and Central. The development currently includes a sidewalk along the edge of the residential development along 47th Avenue, and will include a sidewalk link to Central Avenue as part of the development of the commercial parcel, Outlot C. The City Staff and the Developer have talked with Metro Transit about possible site improvements to the Metro Transit stops along the west side of Central Avenue to enhance transit use from the development. The city and Developer agree that these improvements are crucial to drawing transit users from the development. Lot Lines and Setbacks 14) Building setbacks in the zoning district are regulated by the final site plan and development agreement approved by the City Council, based on the following findings: a) the setbacks provided adequate distances from uses in adjacent districts, and b) the setbacks maintain and enhance the character of the neighborhood in which the mixed-use development is located. The setbacks shown on the site plan provide adequate distances to adjacent properties and provide an urban character on the interior of the development appropriate for mixed use development. 15) The preliminary plat and site plan show proposed land swaps occurring with the property at 4811 Central Avenue for the purpose of right-of-way configuration and the property at 4849 Central Avenue for the purpose of maximizing the amount of right-of-way, and therefore buffering, between the proposed roadway and the property located at 1040 49th Avenue. These land swaps must be completed and reflected on the final plan prior to approval of the final plat. Landscape Plan 16) The Developer has submitted a Landscape Plan in accordance with the requirements for site plans in the Zoning Ordinance. The Landscape Plan is well done and consistent both with the Zoning Ordinance and with the Highway District Design Guidelines. In fact, the Landscape Plan exceeds many of the requirements of the Ordinance with respect to plant sizes and quantities. The one aspect in which the Landscape Plan does not meet the Zoning Ordinance concerns coniferous plantings, although we believe the intent of the Zoning Ordinance is met. The Ordinance requires that the plantings include 25 percent Evergreens. The plans show 17 percent. However, the plan provides an excess of the required amount of street trees, with one tree per 30 feet rather than the required one tree per 50 feet. We believe that these additional streets trees maintain the integrity of the landscape design and balance out the need for additional ever.greens. Adding more evergreens would mean removing street trees, and we find the plan as shown to be preferable. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 6 Minor revisions should be made to the Landscape Plan prior to final plat approval, with respect to the following issues: · The list of trees is extensive and should be reorganized to show the breakdown of trees into different categories and/or planting hierarchies for the site to ensure the trees are falling into appropriate categories (such as street tree species, open space species, water/pond edge species, and buffer/slope species). Specifically, certain trees shown would not be acceptable as street trees, such as Silver Maple or Willows; therefore categories should be clarified. · The stairway to 47th Avenue is shown on the s. ite plan but is not noted on the Landscape Plan. This note should be added. · The plantings shown at the edge of trails and ponds are noted to be 6 to 8 ft in height. Confirmation should be made that the heights of these plants do not impact views into and out of the open space. · A typical planting plan should be provided to show the types of plantings that will occur at the edge of private patios in the courtyard areas of the condominium buildings. · The Landscape Plan should include a note that addresses slope and general drainage. · Consideration should be given to breaking up the repetition of the privacy wall adjacent to the property at 1040 49th Avenue through varied heights of plants, such as shrubs and perennials. 17) The landscape plar~ shows buffering through plantings, fencing and a boulder retaining wall to buffer the property at 1040 49th Avenue from the new public roadway and access at 49m Avenue. The landscape plan is appropriate for purposes of providing an aesthetic and safety buffer, subject to confirmation to the City Engineer that adequate sight triangles are preserved from the new roadway toward 49th Avenue. Maintenance 18) The private elements of the developmer/t, including all buildings, private roads, sidewalks, ponds, open space, landscaping, including the landscape buffer adjacent to 1040 49th Avenue, and all utilities out of the public right of way will be maintained by the Grand Central Loft Homeowners Association in accordance with approved Homeowners Association covenants. Highway District Design Guidelines The Columbia Heights Design Guidelines were created to guide developers and businesses in the design of expansions, renovations or new construction of buildings or parking within the Central Avenue and 40th Avenue commercial corridors, and to assist City officials and staff in reviewing development proposals. The guidelines are mandatory, but the City may permit alternative approaches that meet the objectives of the design guidelines. The design district that is applied to the Grand C~ntral Lofts is the Highway District. PLAaNNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 7 Architectural Guidelines 1) Building Placement Objective: To orient non-residential buildings toward the street in order to improve its walkability, while creating oppommities for more internally-focused residential development. Residential buildings may be oriented toward Central Avenue or toward internal streets or courts, with side fafade parallel to Central Avenue. Fafades parallel to Central Avenue should be well-detailed and service areas should not be located along the Central Avenue frontage. The frontage should be appropriately landscaped. · The development meets this objective. The residential development is separated from Central Avenue by existing commercial .development. The residential development is focused toward internal courtyards and streets. The rear fagades of the western most condominium building and townhome grouping is parallel to Central Avenue and is well- detailed. Appropriate lahdscaping is provided. 2) Primary Fagades and Roof Treatment Objective: To encourage attached residential and mixed- use buildings that are compatible with the prevailing single-family residential surroundings. Residential buildings may be designed with flat or pitched roofs. A variety of roof shapes and parapet details are encouraged; however, non-structural, purely decorative roof elements should be avoided. · The development meets this objective. The condominiums have a flat roof and the entries and windows on the first floor relate to human scale. · The townhomes have pitched roofs with a variety of peak heights. The townhomes are complementary to the design of houses in adjacent neighborhoods and evoke the same design as the "northeast Minneapolis bungalow." 3) Building Width and FaCade Articulation Objective: To add visual interest and variety to buildings and emphasize the pedestrian scale. The primary fa¢ades of buildings should be 40 ft. or more in width and should be articulated into smaller increments by following methods listed in the Design Guidelines to lessen apparent bulk. · The minimum faqade width of the cbndominium buildings exceed the 40 ft. requirement and are articulated into smaller increments by projections and balconies. · The minimum facade widths of the townhome groupings exceed the 40 ft. requirement. The facades are articulated in part through windows, door and garage door placement. The facades are also articulated through the use of complementary materials, including stone veneer, stucco, copper roof structures over bay windows, decorative half timbering, and cedar brackets and along with other fa¢ade ornamentation. 4) Building Height Objective: To create increased sense of enclosure, diminish the perceived width of the street, and provide opportunities for upper-story housing, offices or studios. Two and three story buildings are strongly encouraged. All buildings shall have a minimum cornice height of 22 feet. This height is adequate to achieve the building height objective, conveying a multi-story appearance even if the building has only one occupied floor. · The condominium buildings are 4 stories and approximately 43 ft. from foundation to the roof. · The townhomes are one and two stories. They have a maximum height of 36.5 feet and have the appearance of two stories. These buildings are in keeping with nearby single- and two-f, amily housing units. 5) 6) 7) 8) PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 8 Transparency - Window and Door Openings Objective: To reflect the character of existing storefront commercial buildings, enliven the streetscape and enhance security by providing views into and out of buildings. For residential buildings, a minimum of 20 percent of primary (street facing) fagades and 15 percent of each side or rear facade shall consist of window and door openings as specified in the guidelines. · The condominium building contains entries, balconies and windows along the front and rear fagades and balconies and windows along the side facades to meet this requirement. The window shape, size and patterns emphasize the organization of the facade and the definition of the building. · The townhomes include window and door openings to provide sufficient views out of buildings, and to provide a human scale and pleasant pedestrian experience. Entries Objective: To establish the visual importance of the primary street entrance, and to ensure that entries contribute'to the visual attractiveness of the building and are readily visible. For residential buildings, primary building entrances should face the primary abutting public street or walkway, or be linked to that street by a clearly defined and visible walkway or courtyard. Additional secondary entrances may be oriented to a secondary street or parking area. Porches, steps, pent roofs, roof overhangs, hooded front doors or similar architectural elements should be used define the primary entrances to all residents. · The condominiums meet the objectives. · The townhomes meet the objectives. Rear Fagade and Entries Objective: To improve the appearance of rear fagades, orient customers parking or walking to the rear of buildings, and provide safe and convenient access to all building entrances. · Each of the facades of the condominium buildings and townhomes will be designed to the same high standard and meet this requirement. Building Materials Objective: To ensure that high-quality, durable and authentic building materials are used in residential and no,nresidential construction. Ail buildings should be constructed of high-quality materials, including the following: brick; natural stone; precast concrete units and concrete block, provided that the surfaces are molded, serrated or treated with a textured material in order to ~ve the wall surface a three-dimensional character; stucco; jumbo brick may be used on up to 30 percent of any fagade, provided that it is used only on the lower third of the building wall; wood, consisting of horizontal lap siding with an exposure no greater than 5 inches or wood shakes (surfaces must be painted); synthetic wood (fiber cement) siding resembling horizontal lap siding. · The condominiums will be constructed of brick, stucco and siding. According to the Developer, the condominium exterior materials will be approximately 20 percent brick with two different colors, 20 percent stucco and about 60% acceptable siding materials. Final building plans shall be subject to the review and approval of the City Staff to ensure that the building materials and design meet the requirements of the Urban Design Guidelines for the Highv/,ay District. · The townhomes will be constructed of stucco with stone veneer and decorative half timbers. They will complement the materials used on the condominium buildings. Final building plans shall be subject to the review and approval of the City Staff to ensure that the building materials and design meet the requirements of the Urban Design Guidelines for the Highway District. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 9 9) Rooftop Equipment Objective: To ensure that views of rooftop equipment from public streets or pedestrian ways are minimized. All rooftop equipment shall be screened from view from adjacent streets, public fights-of-way and adjacent properties. Preferably, rooftop equipment should be screened by the building parapet, or should be located out of view from the ground. · According to the Developer, rooftop equipment will be designed in accordance with this requirement. Final building plans for the condominium and townhouse buildings shall be subject to the review and approval of the City Staff to confirm that this requirement is met. 10) Building Colors Objective: To ensure that building colors are aesthetically pleasing and compatible with their surroundings. Building colors should accent, blend with, or complement surroundings. Principal building colors should consist of subtle, neutral or muted colors with low reflectance. Warm-toned' colors are encouraged. No more than two principal colors may be used on a facade. Bright or primary colors should be used only as accents, occupying a maximum of 15 percent of building fagades. · The condominiums meet this requirement. · The townhomes meet this requirement. Architectural Detailing Objective: To encourage new building design that echoes the design of the few iconic buildings that remain in Columbia Heights - notably the Heights Theater - while enlivening building fagades and contributing to a human-scaled environment. Architectural details such as ornamental cornices, arched windows and warm-toned brick with bands of contrasting color are encouraged in new construction. The contemporary adaptation of historic and vernacular residential, institutional and commercial styles found in Columbia Heights and in Northeast Minneapolis is encouraged. · The condominium buildings meet this requirement. · The townhomes meet this requirement. Site Design Guidelines 12) Parking Location Objective: To improve the appearance and convenience of parking lot circulation for vehicles and pedestrians by breaking the parking area up into smaller units. · Parking for the condominiums is provided in underground garages and parking for the townhomes is provided in two-car garages. Visitor parking is located along the privately- maintained roadway, in accordance with these requirements. 13) Parking Area Screening Objective: To soften the appearance of parking areas when viewed from an abutting street or sidewalk and to screen parking areas from residential yards. · The landscape plan for the development illustrates that these requirements are met. 14) Structured Parking Objective: To ensure that parking structures are compatible with surrounding buildings and make a positive contribution to the streetscape. Entrance drives to structured parking (including underground parking) should be located and designed to minimize interference with pedestrian movement. Pedestrian walks should be continued across driveways. · The underground condominium parking garages will project out between 1 to 4 feet above ground according to the site topography. According to the Developer, these will be architecturally designed to match the Highway District Design Guidelines. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 10 15) 16) 17) 18) Placement and Screening of Service, Loading and Storage Areas Objective: To screen views of service and loading areas, and to ensure that the noise impacts of these functions are fully contained and not audible from surrounding streets and properties. Screening must be provided in accordance with the Zoning Ordinance. · The landscape plan for the development illustrates that these requirements are met. Pedestrian and Bicycle Access Objective: To ensure that pedestrians and bicyclists have safe and convenient access to all business establishments to all business establishments. · The proposed development includes a sidewalk and trail network throughout the site. 'This includes trails around ponds with open space areas, along the edges of the condominium buildings and surrounding the interior edge of the development. When Outlot C is developed in a later p. hase, the internal sidewalk on the 47th Avenue side of the development will be extended to Central Avenue. Additionally, staff encourages the extension of the sidewalk east toward Fillmore. The development also includes a sidewalk connection to the 49th Avenue right-of-way. · A completion of a link should be provided from the interior trail system on Outlot B west toward the public roadway. A link currently exists to the gazebo, and then from the gazebo to the pool. A link should also extend around the outside edge of the pool west to the roadway. Signs Objective: Signs should be architecturally compatible with the style, composition, materials, colors and details of the buildings and with other signs on nearby buildings. Signs should be an integral part of the building design. · According to the Developer, there will a monument sign for the project. Detailed plans for the sign must be submitted to City Staff for review and approval to confirm that the sign meets the Design Guidelines prior to final plat approval. Lighting Objective: To ensure that safe and attractive lighting levels are provided around all buildings and parking areas, without excessive glare or brightness. Exterior lighting should be the minimum necessary for safety and security. Lighting should be designed to coordinate with building architecture and landscaping. Building mounted fixtures compatible with building fagades are encouraged. · The Developer has submitted a site lighting plan showing the location of site lighting. · Lighting fixtures must be reviewed and approved by City Staff to ensure conformance with Design Guidelines, prior to final plat approval. · The Developer must submit a lighting spread pattern map to the City Engineer for review and approval that shows boarder illumination not to exceed the maximum allowable foot candles at the property line, prior to final plat approval. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 11 Kmart Redevelopment Concept Plan The Grand Central Lofts Site Plan has been designed in accordance with the goals and objectives of the Kmart Redevelopment Concept Plan developed by the Kmart Advisory Group under the guidance of the City Council. In May 2003, the City of Columbia Heights initiated a planning process for the Kmart Site for the purpose of creating a redevelopment plan for the outdated and mostly vacant retail center. Goals of the plan include more employment oppommities within the City, new housing option previously not available in the City, increased oppommities for transit use, amenities to promote walking and biking, and improving the image and vitality of Central Avenue. A City Council-established citizen advisory group and the Developer worked closely to create the Concept Plan to meet the needs of both the community and the Developer. Residential Goal The Grand Central Lofts site plan meets the stated goal for residential development, which is to "provide the City of Columbia Heights a variety of housing types, styles and choices to meet the needs of the community. The main objectives for the residential development include: · Provide a diversity of housing choices that will satisfy customer preferences for this location · Support appropriate urban housing densities along with performance standards to create fmancial value and achieve strong purchasing power to support neighborhood service businesses. · Promote a redevelopment concept that creates an attractive urban neighborhood that includes housing amenities such as decks, open spaces, gathering areas, recreational amenities, pedestrian ways, landscaping and green spaces to ensure a safe functional and desirable living environment. · Successfully integrate the new neighborhood into the surrounding older established neighborhoods. · Require high quality community design and construction standards." Parks, Open Spaces and Natural Environment Goal The Grand Central Lofts site plan meets the intent of the stated goal for open space, being that the redevelopment "will include a neighborhood park that will act as the focal point for the neighborhood and provide an amenity to the surrounding community. A series of trails and landscaped boulevards will connect the park to the elements within the development and to the adjacent neighborhoods. A stairway connection will also be provided from the development up to 47th Avenue to provide access to the adjacent neighborhoods. The existing slope along the eastern edge of the site will be enhanced with terraced walls, native landscape materials and stormwater enhancements. Other sloped areas throughout the development will receive the same type of treatments." The concept plan s.uggested that the location of the open space extend westward to abut the Central Avenue commercial development. This created a view and connection from Central Avenue into the open space. The Grand Central lofts-site plan provides ponding and the community center site adjacent to the new right of way, east of the commercial development, limiting the view of the interior open space from Central Avenue. Consideration should be given as to how the view and connection from Central Avenue to the open space may be enhanced. PLANNING & ZONING MINUTES OCTOBER 28, 2003 PAGE 12 Therefore, it is the recommendation of staff and the task fome to approve the Preliminary Plat as it is found to meet the following Findings of Fact established in Section 9.411 (6) of the Zoning Ordinance for Preliminary Plats. 1. The proposed Preliminary Plat conforms to the requirements of the Subdivision Ordinance. 2. The proposed subdivision is consistent with the Comprehensive Plan. The proposed subdivision contains parcel and iand subdivision layout that is consistent with good planning and site engineering design principles. Site Plan Staff also recommends approval of the Site Plan as it also meets the following Findings of Fact established in Section 9.413 of the Zoning Ordinance for Site Plan Review. 1. The Site Plan conforms to all applicable requirements of this Ordinance. 2. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. o The Site Plan is consistent with the applicable area plan. The Site Plan has been designed in accordance with the goals, objectives and concept plan of the Kmart Site Redevelopment Concept Plan. o The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public fight-of-way. At this time Commission Chair Yehle opened ap the Public Hearing. He reminded residents that no one is guaranteed a view forever. He listed several examples around Columbia Heights and Minneapolis of views that have changed due to re-development. Kevin Doty of 1845 Fainvay Dr. asked who would be responsible for infra-strucmre improvements such as water and sewer. He also questioned plans for rain water/storm water runoff and whether any of the new housing will be used for Section 8 purposes. Kevin Hansen, Public Works Director answered his questions. He told him it is the responsibility of the developer to pay for the infrastructure changes and improvements for the project. And these residential units are not for Section 8 housing. They will be sold in the range of $170,000 to $330,000 and are geared to be owner-occupied. Ken Myhre of 114i Cheery Lane has lived there since 1990. His concern was his nice view being taken away and he feels the present owners in the neighborhood shouldn't be ignored. He was shown projected views that were taken from three points in Cheery Heights. After seeing what the view is projected to look like, he thought the plans ~vere acceptable. PLANNING & ZONiNG COMMISSION MINUTES OCTOBER 28, 2003 PAGE 13 John Kalata of 1144 Khyber Lane said the height of the proposed construction was lowered from 52 feet to 43 feet. He thinks that was a nice compromise and acceptable. He is pleased with the cooperation shown by the developer to accommodate some of the concerns of area residents. It was also explained that a retaining wall and a double row of trees will be placed along the east side of the development to buffer the new units fi:om the Cheery Heights Neighborhood. John Feges from Nedegaard Homes explained the placement of the sidewalks and how they will tie into those on 49th Avenue. Pastor Bob Lyndes. said he is in.favor of the development. He said it will bring people to this community, add to our property' tax revenue, increase school revenues, and be an asset to the community as a whole. Keith Dreyer of 1041 49th Avenue is concerned about the added traffic on 49th Ave with the opening of the new road. He believes the traffic count is already too high on that street. Kevin Hansen reported that a traffic study had been done in August and it was adjusted for seasonal changes such as school being in session. The study showed that it wouldn't create problems except possibly during the morning school rush. The sight distances coming in and out of the proposed street location were designated as good. He said the study indicated approximately 900 vehicles per day would be added to the current traffic count of 5400 on 49th Ave with the new development. He said the traffic count on Central Avenue is approximately 28,000 per day, and that MN DOT is currently doing a timing th rd study of the lights on Central Avenue from 40 - 53 and that the timing of the lights may be changed to help traffic flow. Commission member Baker asked about the big hill behind K-Mart and how it would be stabilized. Kevin Hansen explained that the storm water currently drains to the north to 49th Avenue and is not directed down the hill. He said Engineered plans will be submitted and reviewed as part of the development building review process for any/etaining wall or erosion control due to the change of elevations between this property and the existing neighborhood to the east. Kevin Hansen was asked about the existing watermain and whether it could be re-used. He said if it is in good condition, they would have the right to do so. Bruce Nawrocki of 1255 Polk Place asked whether the developer would be responsible for the expense of putting the new road in to 49th Avenue. He was told, yes. Mr. Nawrocki also wanted to make sure the conditions of approval were read to those in attendance for the record. Schmitt asked about the ponds that will be created. She wanted to know if they were going to have water in them at al! times or just used for storm water. She was told they would hold water all the time, but the level, would go up due to storm water running into those ponding areas from time to time. With that the heating was closed. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 14 Preliminary Plat Motion by Peterson, seconded by Szurek to recommend that the City Council approve the Preliminary Plat of Subdivision subject to the following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. An approved Preliminary Plat shall be valid for a period of one year from the date of City Council approval· In the event that a final plat is not submitted within this time period, the Preliminary Plat will become void. 2. The proposed land swaps shown on the preliminary plat concerning the properties located at 4811 and 4849 Central Avenue must be completed and reflected on the-final plat prior to -final plat approval. 3. The Developer must obtain the approval of Anoka County on the 49th Avenue access prior to approval of final plat. 4. The Developer must submit plans to MnDOT for review and recommendation prior to approval of final plat. 5. The public roadway curbing should be a B618 design. 6. The City's requirement for intersection clear zone or a 30-foot triangle must be maintained at the public road access on 49th and 47th Avenues. 7. The Developer must make a park dedication contribution in the amount of $163,5OO prior to approval of the final plat. 8. If stormwater is to be conveyed off site following the same discharge route as it currently follows, the preliminary plat must include a utility easement. This utility easement must be added to the preliminary plat prior to review of the preliminary plat by the City Council. 9. Data on the public road curve should be included on the preliminary plat prior to review of the preliminary plat by the City Council. 10. The written legal description on the preliminary plat should be reviewed as the distances do not match what is shown on the drawing. The legal description must be corrected prior to review of the preliminary plat by the City Council. 11. The Developer must explain why there is a change in the public road right-of-way width from 50' to 55' and back to 50' to the satisfaction of the City Engineer or revise the right of way width per the direction of the City Engineer prior to review of the preliminary plat by the City Council. 12. A storm water management plan, meeting the requirements of City Code Section 9.609 will be required prior to final plat approval. 13. Catchment area maps and stormwater water calculations must be submitted and approved prior to final plat approval. 14. The proposed surface water ponding plan generally meets the minimum requirements for the l O0-year storm event. Please provide supporting documentation for the WRMP policy of "new development shall incorporate storm water controls to prevent any increase in peak discharge rates, "for the critical storm event. 15. The existing K-Mart property drains through a CMP storm Hne into Central Avenue, through private property. The condition of the line requires replacement to Central. 16. A detailed erosion control plan should be prepared and submitted with the final plans. 17. If the project is going to be phased, the erosion control plan should be representative of the phasing plan· PLANNING & ZONING COMMISSION MINUTES OCTOBER 28,2 003 PAGE 15 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. All Ayes. A site gradingplan will be requiredprior tofinalplat approval. If the site will not be mass graded, a phasing plan shouM be included. If the proposed retaining wall exceeds four feet in height, the final plans should include a wall design by a registered engineer· Any site grading prior to final plat approval will require an excavation permit, obtained from the Engineering department. The Developer must address how will the steep slopes on the entire east side, part of the south and bordering the westerly commercial property will be restored and maintained with the submittal of the final plat. An NPDES permit will be required All public utilities shall meet the City of Columbia Heights specifications. All utility work shall be consistent with the City of Columbia Heights specifications, at a minimum. The plans should indicaie what existing watermain will be utilized and what main will be abandoned. The method of abandonment (or removaO should also be indicated All public watermain should be minimum 8 inch in diameter. Include adequate valving for water main isolation. The Development shall provide the City of Columbia Heights with as-built drawings of all newly constructed utilities. The Homeowners Association covenants will be submitted to the City Attorney and City Engineer for review and approval prior to final plat approval Afire hydrant should be located on the south side of Outlot A. MOTION PASSED. Site Plan Motion by Yehle, seconded by Peterson to approve the application for Site Plan, including the design of the condominium buildings, based on the Findings of Fact and subject to the following conditions of approval that have been found to be necessary ensure compliance with the requirements of the Zoning and Development Ordinance: 1. The approval of a Site Plan by the Planning Commission shall be valid for a period of one year. ' · 2. Final building plans for the condominium and townhouse buildings shall be subject to the review and approval of the City Staff to ensure that the building design meets the requirements of the Urban Design Guidelines for the Highway District, prior to issuance of any building permits. 3. All outstanding items listed under Highway District Urban Design Guidelines on pages 5- 9 of this report must be submitted to City Staff. 4. Detailed plans for the monument sign must be submitted to City Staff for review and approval to confirm that the sign meets the Design Guidelines prior to final plat approval. 5. £ighting fixtures must be reviewed and approved by City Staff to ensure conformance with Design Guidelines, prior to final plat approval. 6. The Developer must submit a lighting spread pattern map to the City Engineer for review and approval that shows boarder illumination not to exceed the maximum allowable foot candles at the property line, prior to final plat approval. 7. The Developer must work with City Staff and the Fire Department to assure that the Site Plan provides adequate building access and circulation for emergency vehicles, prior to final plat approval. All ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 16 NEW BUSINESS None MISCELLANEOUS Yehle reminded members of the joint Holiday Dinner that will be held December 10 at Murzyn Hall to honor those who volunteer their time on various b6ards and commissions. He also reminded members oftheregular meeting on Tuesday, November 4, 2003 at 7 pm when plans will be reviewed for Heights Rental Center that will be located on 51st Court. Motion by Baker, seconded by Schmitt to adjourn the meeting at 8:30pm. All ayes. MOTION PASSED. Respectfully submitted, Shelley Hanson Secretary PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING NOVEMBER 4, 2003 7:00 PM The meeting was called to order at 7:00 pm by Chairperson, Ted Yehle. Roll Call: Commission members present- Peterson, Szurek, Schmitt, Baker, and Yehle. Also present were Tim Johnson (City Planner), Shelley Hanson (Secretary), and Tami Ericson (Council Liaison). Approval of the October 28, 2003 minutes was tabled until the December meeting as commission members did not have time to review them prior to the meeting. PUBLIC HEARINGS Case #: 2003-1116-17 Site Plan Approval, Conditional Use for Outdoor Storage Applicant: Columbia Heights RentaI--RJ Ryan Construction Address: 5045 & 5065 51st Court, Columbia Heights, MN Zoning: General Business This is a request from R.J. Ryan and Columbia Heights Rental for Site Plan Review to construct a new facility on the vacant land behind White Castle on 51st Court, and a request for a Conditional Use Permit to allow for outdoor storage accessory to the business. Columbia Heights Rental Center recently purchased the vacant land behind White Castle on 51st Court for the purpose of constructing a new rental center. They own all 3 vacant parcels which include st 5045, 5065, and 5075 51 Court totaling 2 acres, but are only proposing to construct on the south 2 parcels of 1.02 acres. They have proposed to build a new 5,500 square foot (40 X 136) retail and office showroom store housing equipment for rent. The plans are to construct a new facility fronting on 51st Court facing west that showcases design features consistent with the new Columbia Heights Design Guidelines. The proposed construction schedule from start to completion is approximately 4 months, beginning next spring. PLANNING & ZONING COMMISSION MINUTES NOVEMBER 4, 2003 PAGE 2 The north floor plan of the facility is being designed to offer an office/showroom, with the rest of the building functioning as a party goods and industrial equipment storage area. The proposed site design will include an off-street parking facility on the north side of the building, which will also provide access to the rear loading and storage area via an access gate. There will also be a fenced-in paved area on the east side designated for outdoor towable storage items and operable Rental Center vehicles and equipment. There will be an access gate on the south side of the site to allow for vehicles and rental equipment to exit. The site has no prior building history, and as such has always been a vacant parcel of land. In 1991 the City of Columbia Heights approved a site plan for a 2-story office complex, which was never built. Planning Considerations: Comprehensive Plan: The 2001 City Comprehensive Plan designates the property for future commercial use, which promotes commercial service development such as what is proposed. Zoning Ordinance: The Zoning Classification for the property is General Business. Offices, and retail sales and service businesses are permitted uses in this district. Outdoor Storage is allowed by conditional use. Highway District Design Guidelines The Columbia Heights Design Guidelines were created to guide developers and businesses in the design of expansions, renovations or new construction of buildings or parking within the Central Avenue and 40th Avenue commercial corridors, and to assist City officials and staff in reviewing development proposals. The guidelines are mandatory, but the City may permit alternative approaches that meet the objectives of the design guidelines. The design district that is applied to this site is the Highway District. The applicant has designed the site plan and elevations in harmony with the goals and objectives of the Columbia Heights Design Guidelines, even though as mentioned before, aren't officially adopted yet. 1) Building Placement Objective: To orient non-residential buildings toward the street in order to improve its walkability, while creating opportunities for more internally-focused residential development. Nonresidential buildings should have a well-defined front fa(;ade with entrances facing the street. a. The development meets this objective. The development features well-defined front, and side facades visible from 51st Court and Central Avenue. PLANNING & ZONING COMMISSION MINUTES NOVEMBER 4, 2003 PAGE 3 2) Primary Far.~ades and Roof Treatment Objective: Nonresidential or mixed-use buildings may be designed with flat or pitched roofs. The base or ground floor of the building should include elements that relate to the human scale, including texture, projections, doors and windows, awnings, canopies or ornamentation. · The development meets this objective. The building proposed has a fiat roof, with entries, a variety of pedestrian-friendly doors and windows, color variations, many canopies, and defined building texture that relate to the human scale and help to define the primary facade. 3) Building Width and Fac,,ade Articulation Objective: To add visual interest and variety to buildings and emphasize the pedestrian scale. The primary fa(;ades of buildings should be 40 ft. or more in width and should be articulated into smaller increments by following methods listed in the Design Guidelines to lessen apparent bulk. · The building facade has been broken up broken up through several techniques and meets this requirement. The facades are articulated in part through window and door openings, various textures including stamped aggregate finishes, and smooth troweled accent bands. The facades are also articulated around the entire building with burgundy canvas awnings, along with decorative light fixtures. 4) Building Height Objective: To create increased sense of enclosure, diminish the perceived width of the street. Two and three story buildings are strongly encouraged. All buildings shall have a minimum cornice height of 22 feet. This height is adequate to achieve the building height objective, conveying a multi-story appearance even if the building has only one occupied floor. o The building is one story in height. The cornice height will actually be 24 feet at the northwest entry point, but will achieve a consistent cornice height of 22 feet around the building and will have the appearance of a two-story building. 5) Transparency - Window and Door Openings Objective: To reflect the character of existing storefront commercial buildings, enliven the streetscape and enhance security by providing views into and out of buildings. For commercial or office uses, a minimum of 20 percent of primary (street facing) fa(;ades and 15 percent of any two side or rear facades shall consist of window and door openings as specified in the guidelines. · The proposed building contains entries, doors and windows along the front, side and rear facades that meet this requirement. The window shape, size and patterns emphasize the organization of the facade and the definition of the building. 6) Entries Objective: To establish the visual importance of the primary street entrance, and to ensure that entries contribute to the visual attractiveness of the building and are readily visible. For nonresidential buildings, primary building entrances should face the primary abutting public street or walkway, or be linked to that street by a clearly defined and visible walkway or courtyard. Additional secondary entrances may be oriented to a secondary street or parking area. Entries shall be designed with a variety of attractive features. · The building meets the objectives as the building provides two entrances, one facing 51st Court and the other facing the off-street parking lot. The entry features a raised parapet, display windows, and canvas awnings. PLANNING & ZONING COMMISSION MINUTES NOVEMBER 4, 2003 PAGE 4 7) 8) 9) 10) Rear Fa(:;ade and Entries Objective: To improve the appearance of rear fac_.~,ades, orient customers parking or walking to the rear of buildings, and provide safe and convenient access to all building entrances. · The rear entry has been designed with a canvas awning and meets this requirement. Building Materials Objective: To ensure that high-quality, durable and authentic building materials are used. All buildings should be constructed of high-quality materials, including the following: brick; natural stone; precast concrete units and concrete block, provided that the surfaces are molded, serrated or treated with a textured material in order to give the wall surface a three-dimensional character; stucco; jumbo brick, and EIFS. Buildings 100 feet or more in width shall employ at least two masonry types or colors on the primary fac,.ade. · The building will be constructed of a precast Fabcon material with an aggregate finish. The applicant has proposed a new product type stamped aggregate finish in two complementary colors that give the wall a textured look and achieve a three- dimensional character. Staff believes this to be a design that meets the objectives and intent of the guidelines. The primary facade is proposed with two masonry colors; an off-white and plum finish. Rooftop Equipment Objective: To ensure that views of rooftop equipment from public streets or pedestrian ways are minimized. All rooftop equipment shall be screened from view from adjacent streets, public rights-of-way and adjacent properties. Preferably, rooftop equipment should be screened by the building parapet, or should be located out of view from the ground. · Any rooftop equipment will be designed in accordance with this requirement. The cornice height will be approximately 4 feet higher than the actual roof line which will be sufficient for screening any mechanical rooftop units. Building Colors Objective: To ensure that building colors are aesthetically pleasing and compatible with their surroundings. Building colors should accent, blend with, or complement surroundings. Principal building colors should consist of subtle, neutral or muted colors with Iow reflectance. Warm-toned colors are encouraged. No more than two principal colors may be used on a fac.,,ade. Bright or primary colors should be used only as accents, occupying a maximum of 15 percent of building fa(;ades. · The building meets this requirement. Warm-toned plum and off-white colors are the primary colors proposed for the front and side facades. A smooth trowel rose-colored accent band is featured on the front facade. PLANNING & ZONING COMMISSION MINUTES NOVEMBER 4, 2003 PAGE 5 11) 13) 15) 16) Architectural Detailing Objective: To encourage new building design that echoes the design of the few iconic buildings that remain in Columbia Heights - notably the Heights Theater - while enlivening building fac,.ades and contributing to a human-scaled environment. Architectural details such as ornamental cornices, arched windows and warm-toned brick with bands of contrasting color are encouraged in new construction. The contemporary adaptation of historic and vernacular residential, institutional and commercial styles found in Columbia Heights and in Northeast Minneapolis is encouraged. · The building meets this requirement as the building is designed with warm-toned and contrasting colors and architectural detailing. Awning Objective. To encourage the use of awnings as a way to shelter customers, reduce glare and conserve energy, and provide additional accent color to building facades. Where awnings are desired, canvas or fabric awnings should be used, rather than wood or metal. · Red Canvas awnings are featured on all the building elevations and meet this requirement. Parking Location Objective: To ensure than buildings, rather than parking lots dominate the appearance of the streetscape. · Parking for the building is proposed on the north side and is set behind the building facade so as to soften the paved area in accordance with these requirements. Parking Area Screening Objective: To soften the appearance of parking areas when viewed from an abutting street or sidewalk and to screen parking areas from residential yards. Parking areas adjacent to public streets or sidewalks shall be screened with a combination of landscaping and decorative fencing or similar features to screen parked cars. · The landscape plan proposes a combination of trees, shrubbery, and decorative fencing that meets this requirement, and also provides necessary screening from adjacent residential properties. Placement and Screening of Service, Loading and Storage Areas Objective: To screen views of service and loading areas, and to ensure that the noise impacts of these functions are fully contained and not audible from surrounding streets and properties. Screening must be provided in accordance with the Zoning Ordinance. · The 6-foot high fence and the landscape screening proposed meet this requirement.. Signage Objective: Signs should be architecturally compatible with the style, composition, materials, colors and details of the buildings and with other signs on nearby buildings. Signs should be an integral part of the building design. · According to the Developer, wall signage is proposed on the west building facade. Plans for signage must be submitted to City Staff for review and approval to confirm that the signage meets the Design Guidelines and Zoning Ordinance requirements. PLANNING & ZONING COMMISSION MINUTES NOVEMBER 4,2 003 PAGE 6 17) Lighting Objective: To ensure that safe and attractive lighting levels are provided around all buildings and parking areas, without excessive glare or brightness. Exterior lighting should be the minimum necessary for safety and security. Lighting should be designed to coordinate with building architecture and landscaping. Building mounted fixtures compatible with building far_,,ades are encouraged. · The Developer has subm~ed a site lighting plan showing the concentrations and location of site lighting in accordance with City requirements. Complementary building mounted fixtures are proposed. Non-residential building/parking setbacks: · Minimum front yard building setback is 15 feet; The proposed building meets this requirement as it is 15 feet from the property line. While the building foundation is set back at 15 feet, the ordinance allows for architectural features such as awnings to be placed in the setback areas. Minimum rear yard building setback is 20 feet; The proposed building meets this requirement, as it is 55 feet from this property line. Minimum side yard building setback is 0 feet; The proposed building meets this requirement, as it is more than 50 feet from either side property lines. Minimum parking setbacks are 15 feet from the front and 5 feet from the side and rear property lines; Off-street parking proposed meets City requirements as parking is located 15 feet from the front property line, 5 feet from the side property line, and 15 feet from the rear property line. Parking area requirements: Minimum requirements for office/showroom are one space per every 300 square feet of gross floor area; Outdoor storage requires one space per 3,000 square feet; The site plan shows 22 off-street parking spaces proposed, with the requirement being 19. There is one handicapped space shown which meets accessibility requirements. The parking lot will be accessible from 51st Court, and as mentioned will feature a 6-foot high chain-link fence with privacy slats to conceal the outdoor towable storage area. It should be noted that the lighting plan for the parking and storage areas submitted provides details on the footcandle measurements. These measurements meet the City requirements for lighting intensity. In addition, the site plan shows an outdoor propane tank and related equipment in the northeast corner of the parking lot. In accordance with safety guidelines, the propane tank will be protected by steel bollards spaced accordingly around the equipment. There are no screening guidelines required for propane tanks, however the landscaping plan and decorative fencing proposed will help to minimize this necessary site feature. However, propane tanks are required to be a minimum distance of 25 feet from adjacent structures, which this site plan accomplishes. PLANNING & ZONING COMMISSION MINUTES NOVEMBER 4, 2003 PAGE 7 Landscaping/screening: The site plan proposal also includes a landscaping plan, which provides details on plant and tree numbers, locations, and species. The ordinance requires a minimum of one tree for every 50 feet of street frontage, or a minimum of 4 trees for every one-acre of lot area covered by buildings, parking area, etc. The site requires 11 trees per landscape standards. The Design Guidelines also require that parking areas adjacent to public streets or sidewalks be screened with a combination of landscape material and decorative fencing sufficient to screen parked cars. The landscaping plan includes 25 trees consisting of maple, spruce, and crab varieties. In addition, a variety of shrubbery, rock mulch, and sod is proposed for groundcover, as well as a landscaped curb island designed to break up the parking lot area. The plan proposed exceeds minimum City landscaping standards. The trees, shrubbery and decorative fencing proposed along 51st Court as you enter the parking lot will provide a nice screening feature. In addition, the non hard-surface areas on the project site will be sodded and mulched, and an underground irrigation system will be installed for all sod and planting areas. It should also be mentioned that because of proximity to the proposed fence and changing elevations on site, it is anticipated that all or most of the existing trees on the east side of the site will have to be removed. The contractor will make every effort to save existing trees, but this may not be feasible. However these trees will be replaced by additional plantings such as Colorado Blue Spruce and Flowering Crab varieties that will be consistently spaced as a vegetative buffer along the easterly property line. Access; Grading/Drainage; Water/Sewer Issues: The proposed building will be served by Central Avenue but specifically by 51st Court, which should provide for adequate ingress and egress. The existing roadway system is sufficient to handle anticipated traffic flow related to the site. City Engineer Kevin Hansen has also reviewed the site plan and grading/drainage and utility plans. The plan directs the stormwater and impervious surface runoff to an on-site pond and away from adjacent properties. The City Engineer has indicated that the plans proposed are adequate, with some minor changes to be made before excavation and building permit review. The Fire Department has also reviewed and approved the plans with no concerns. Performance Standards - Outdoor Storage Areas: · Outdoor storage area shall be accessory to a commercial or industrial use. The outdoor storage area proposed is an accessory part of the rental center business. · Outdoor storage within the public right of way is prohibited. The outdoor storage area will not impact the public right of way. · All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. The outdoor storage area meets all the required setbacks from property lines. · Outdoor storage areas shall be located in rear or side yards behind the front building line of the principal structure. The outdoor storage area is located behind the building line facing 51st Court and continues around to the rear of the building. PLANNING & ZONING COMMISSION MINUTES NOVEMBER 4, 2003 PAGE 8 · The storage area shall be fenced and screened from adjacent uses and the public right- of-way. Required screening shall consist of a fence, wall, berming, and/or vegetation no less than 6 feet in height and no less than 80% opaque on a year round basis. The proposed outdoor storage area will be screened by a 6 foot high chain-link fence with privacy slats that will achieve the desired opacity, and will be complemented by additional plantings to provide a landscape buffer. · All goods, materials and equipment shall be stored on an impervious surface. Afl outdoor storage and driving areas are proposed to be paved. · All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. The storage and pick-up area provides ample space to meet this requirement. · The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. The 6-foot high privacy fence along with the proposed vegetation and plantings will achieve the objective of concealing outdoor storage items other than operable truck and equipment rental. Conditional Use Permit Required Findings: The Zoning Ordinance requires that certain findings are necessary in order to determine if outdoor storage meets the identified standards from the zoning ordinance. These standards are". The use is one of the conditional uses listed for the zoning district in which the property is located; Outdoor storage is listed as a conditional use in the GB District. · The use is in harmony with the general purpose and intent of the Comprehensive Plan; Retail and office/showroom uses and their accessory storage are allowed in the GB District. · The use will not impose hazards or disturbing influences on neighboring properties; The accessory outdoor storage proposed will be screened with both fencing and plantings so as to provide an appropriate buffer from adjacent residential properties. · The use will not substantially diminish the use of property in the immediate vicinity; The accessory outdoor storage proposed should not have the effect of substantially diminishing adjacent uses of property. · The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area; The accessory storage proposed will be appropriately fenced/screened with plantings that should blend in with the existing character of the district, and should not negatively impact the existing character of the vicinity. The property has always been zoned for commercial use and as such meets the intent of the district guidelines. The outdoor storage proposed for the site includes towable items and rental trucks. Only rental trucks would be visible from adjacent properties. Also, the facility will continue to operate under similar hours, which are typically 7 am to 6 pm, Monday through Saturday. · The use and property upon which the use is located are adequately served by essential public facilities and services; The property is currently served by adequate public roadways and necessary City utilities. PLANNING & ZONING COMMISSION MINUTES NOVEMBER 4, 2003 PAGE 9 · Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic; The proposed Columbia Heights Rental Center office/showroom should not generate excessive traffic that the existing 51~t Court roadway system can,t handle. · The use will not cause a negative cumulative effect on other uses in the immediate vicinity; As indicated by prior descriptions, the proposed office/showroom and related accessory storage area should not have a negative impact on other uses in the immediate vicinity. Because the site is located a block east of Central, and is located behind White Castle, the site will be more sheltered from passerby, but will be partially visible from Central Avenue. · The use complies with all other applicable regulations for the district in which it is located; As determined by staff, the use complies with the applicable regulations of the General Business District and Design Guideline Overlay District. Site Plan Review Required Findings: The Zoning Ordinance requires that certain findings are necessary before approving a site plan: · The site plan conforms to all applicable requirements of this Ordinance; Per staff review, the site plan meets all applicable requirements of the GB District. · The site plan is consistent with the applicable provisions of the City's Comprehensive Plan; The proposed use is compatible with the future commercial land use designation for this parcel. · The site plan is consistent with any applicable area plan; The proposed use is compatible with all City plans and guidelines for this district. · The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way; There are no anticipated adverse impacts of the proposed facility on the adjacent area. Therefore, Staff recommends approval of the Site Plan proposal and CUP for Columbia Heights Rental to construct a new 5,500 square foot structure with outdoor storage on the property at 5045 and 5065 51st Court. Yehle expressed his desire to see the property developed with such a nice looking business. Schmitt asked whether the business would have a monument sign or just the wall signage as indicated on the plans. Johnson said the only thing proposed at the present time is the wall signage on the building. She then questioned the 6-7 ft high fence around the storage area. She thought there was a six foot maximum height. Johnson explained that in a commercial zone a 6-8 foot height is allowed. Most of the outside storage items will be in the enclosed area, so it will not be an eyesore to the surrounding properties. Schmitt asked whether the 25 trees being planned for the site were new trees or if that number included some of the existing trees. Johnson indicated the owners want to save as many of the existing trees and buffer vegetation as possible, but the 25 trees mentioned in the plan are the number of new trees being added to the site. PLANNING & ZONING COMMISSION MINUTES NOVEMBER 4, 2003 PAGE 10 Schmitt questioned whether the holding ponds were designed to hold water at all times or just when storm water fills them. Johnson stated the ponds will be located on the south side of the building and that the Public Works Director is requesting they be fenced for safety purposes. The Public Works Director stated in his report that the designed ponding areas would be sufficient to handle the storm water drainage. Baker asked whether the garbage dumpsters would be placed in the fenced area to the east of the building. The owner responded that the business doesn't generate much garbage and yes, the dumpster would be placed in that area. Frank Novotny of 1061 Polk Place expressed concern that his house is at a higher elevation than this property and he is concerned about his view if a lot of items would be stored outside, and drainage problems. Johnson answered his questions about the storage items and went over the landscaping being proposed for the site that will buffer the business from the existing homes located to the east of the property. Victor Weiz of 1051 Polk Place also was concerned about the amount of outside storage that would occur. The owners spoke with him and he seemed satisfied with the information he was given. Motion by Szurek, seconded by Baker, to approve the Site Plan for Columbia Heights Rental for a 5, 500 square foot facility, on the properties at 5045 and 5065 51st Court, as the Site Plan meets required findings and subject to the following conditions of approval that have been found necessary to ensure compliance with the requirements of the Zoning and Development Ordinance: 5. All ayes. All required state and local codes, permits, licenses and inspections will be met and in full compliance. Final review and approval of grading/drainage, utility plans by City Engineer and Fire Chief. Approved landscaping and screening shall be instal/ed in conjunction with site development and prior to issuance of a final certificate of occupancy. Cash escrow of $1,500 shall be submitted for engineering inspection and erosion control. The approval of the Site Plan shall be valid for a period of one year. MO T/ON PA SSED. Peterson commended staff for the presentation and completeness of the staff report. He stated that the detailed information provided makes it easier to make an educated decision regarding projects brought before the members. Motion by Yehle, seconded by Peterson, to recommend the City Council approve a Conditional Use Permit for Columbia Heights Rental to allow for outdoor storage in conjunction with the primary business at 5045 and 5065 51st Court as the requested Conditional Use Permit for outdoor storage meets all required performance standards and required findings. All ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES NOVEMBER 4, 2003 PAGE 11 The Conditional Use Permit will go to the City Council for their approval on November 10, 2003. Szurek commended the owners on the design of the building. She likes the colors and thinks it meets the objectives of the Design Guidelines. She also stated she is glad they are staying in Columbia Heights. The owners then thanked Planner Johnson for his help and guidance in preparing the plans for consideration. They thought staff did a good job offering suggestions that were workable to accomplish their goal. NEW BUSINESS None MISCELLANEOUS Yehle wanted to comment on something he had recently observed while shopping locally. He witnessed several items being discarded in local parking lots that made the site look trashy. He encouraged residents to take care of our community and to help keep it clean. He wants to portray a better image of our community. Peterson invited the residents of the community to attend the 3rd Annual Holiday Kick Off that will be held on November 29 at Murzyn Hall. The funds raised by this event will go to the future Community Activity Center for the youth of our City. There will be a social hour starting at 5:30 pm, with dinner, a silent auction, and entertainment to follow. Anyone interested in attending can obtain tickets from him or by stopping by Jeff, Bobby and Steve's. The cost is $20/each. Motion by Peterson, seconded by Szurek, to adjourn the meeting at 8:00 pm. All ayes. MOTION PASSED. Respectfully submitted, Shelley Hanson Secretary CHARTER COMMISSION MEETING MINUTES THURSDAY, OCTOBER 23, 2003 7 P.M. MURZYN HALL zb UTES,,,, HAVE .NOT BEEN APPROVED. CALL TO ORDER The meeting was called to order at 7:10 P.M. by Vice President/Interim President Mike Hartel. ROLL CALL Members present: Bill Antzaras, Bob Buboltz, Charles Christopherson, Mike Hartel, Nancy King, Brian Scott, Clara Schmidt Members absent and excused: Joe Sturdcvant, Ted Yehle Members absent and unexcused: John Banyard Also present: City Attorney, Jim Hoeft Council Liaison, Bobby Williams, was excused from this meeting. NOTE: The Charter Commission currently has ten members and five vacancies. APPROVAL OF MINUTES Motion by Commissioner Christopherson, seconded by Conunissioner King, to approve the minutes of the July 17, 2003, meeting with the deletion of the word "dinner" in the first line at the top of the minutes. Motion passed unanimously. CORRESPONDENCE The Recording Secretary advised the commission that the following correspondence has been sent or received, or the following events relating to the Charter Commission have occurred since our last meeting: · An order was received from Chief Judge reappointing Clara Schmidt to another four-year term. · An article was published in the SunFocus on August 14, 2003, regarding commission vacancies. · Outgoing commission member/President Ted Landwehr was recognized at a city council meeting on August 25, 2003. · An article was published in the SunFocus on August 28, 2003, regarding Charter Commission vacancies. · An e-mail/phone call was sent/made to all members on September 18, 2003, informing them of the recent death of former Charter Commission member, Dick Schmidt. · An e-mail was received from Commissioner Collova on October 8, 2003, stating he wished to resign from the commission, as he has moved out of the city. · A letter was sent to the Chief Judge on October 9, 2003, advising him ofMel Collova's resignation. STATUS OF MEMBERSHIP The Recording Secretary reported that the commission currently has ten members and five vacancies. In checking with the office of the Chief Judge, there were no new applications received in his office to date. Members were informed that our vacancies have been advertised on the city's website and local cable station, in the last issue of the city newsletter, as well as articles in the local newspapers. Members were encourage, d_ to tell other citizens about the vacancy and how to apply. Commission applications are available on the city s website and also in Administration. Interim President Hartel asked the commission members what they thought if he or someone else should attend an upcoming city council meeting and make a short presentation about applying for a position on the Charter Commission. Clara Schmidt offered to do this' for the commission. The Recordingth . Secretarycd eStatedtl she would try to get this on the council agenda near the beginning of the October 27 City Coun ' m e 'ng, October 23, 2003 Page 1 and she would advise Commissioner Schmidt. It ~as also suggested that applications could be available at the joint board/commission dinner on December 10. OLD BUSINESS Second Readin~ of Proposed Charter Changes Several suggested changes to the City Charter were acted upon at the last Charter Commission meeting. The following change was reviewed for Chapter 2, Section 7: Chapter 2, Section 7, Elective Offices. The council shall be composed of a mayor and four council members who shall be qualified electors, and who shall be elected at large in the manner hereinafter provided. The four council members shall serve for a term of four years and until their successors are elected and qualifie · ^. ,i,. a.~, X~.A~., ;., T ....... ~ aaa m~, .... a~. t The Mayor shall serve for a term of two ~ oag shall exp:re .................... ~ .......... ~ ................ , years and until a successor is elected and qualified. The council shall be judge of the election of the mayor and council members. The City Attorney again stated this a housekeeping matter, and the language proposed to be struck is no longer relevant. Motion by Commissioner Christopherson, seconded by Commissioner King to approve the above wording as a second reading at the commission level. Motion passed unanimously. Motion by Commissioner Schmidt, seconded by Commissioner Antzaras, to forward the above charter change to the City Council for their action/approval. The following change was reviewed for Chapter 3, Section 16: Chapter 3, Section 16, COUNCIL MEETINGS. At the time of the first regularly scheduled council meeting in January following a regular municipal election, the council shall meet at the usual place and time for the holding of council meetings. At +~';~,.,o *;"'~,....,~ `~'....~ ...... ..,~ ...~'-' ............"~*"a ..~" ... ~,o,~ nao -.~-.-.,'~nnn ,.....~"a -.--'--,'~nn'~ t The newly elected members shall assume the duties of such membership on the first Monday in January following that regular municipal election. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet not less than once each month. The mayor, or any two members of the council, or the city manager, may call special meetings of the council upon at least three (3) days notice to each member of the council. Such notice shall be posted and shall be delivered personally to each member or shall be left with some responsible person at the member's usual place of residence. The mayor, any two members of the council, or the city manager, may call special emergency meetings of the council. The Council shall make good faith efforts to provide notice of the meeting. Posted or published notice of any such emergency meeting shall not be required. An emergency meeting shall be defined as a special meeting called because of circumstances that, in the judgment of the mayor, any two council members, or the city manager, require immediate consideration. All meetings of the council shall be public, and any citizen shall have access to the minutes and records thereof at October 23, 2003 Page 2 all reasonable times. The City Attorney stated that under state statutes, new members actually assume their duties on the council as of the first Monday of January (before our first regular council meeting). He again considers the proposed changes as a housekeeping matter. Motion by Commissioner Christopherson, seconded by Commissioner Scott to approve the above wording as a second reading at the commission level and to forward it on to the City Council for their action/approval. Motion passed unanimously. The following change was reviewed for Chapter 9, Section 89: Chapter 9, Section 89, Payment of Award. Whenever an award of damages shall be confirmed in any proceeding for the taking of property under this chapter, or whenever the court shall render final judgment in any appeal from any such award, and the time for abandoning such proceedings by the city shall have expired, the city shall be bound to and shall, within sixty days of such final determination, pay the amount of the award with interest thereon at the current judgment rate set by_ State ~,~.,~.,,,q~h'~'~ ,~.^C °.6 ~: ....... V"'"'~--'~ V"' ......... ~..,~.~..~ from the date of the confirmation of the award or judgment of the court, as the case may be; and if not so paid, judgment therefore may be had against the city. The City Attorney's opinion was not to put a specific percentage amount in this section, as state statutes define the rate. He stated this again was a housekeeping matter. Motion by Commissioner Christopherson, seconded by Commissioner Buboltz, to approve the above wording as a second reading at the commission level and to forward it on to the City Council for their action/approval. Motion passed unanimously. The following change was reviewed for Chapter 5, Section 36: Chapter 5, Section 36, Expenditures by Petitioner. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signor of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise for services rendered in connection with the circulation dollars for legal ~": ....... ; .... ;~*; .... ~ ~,~:~o, c~ Any committee member, at their sole discretion and at no charge to said committee member, may utilize the services of the city attorney so as to assure that the proposed ordinance is consistent as to form and structure with other similar ordinances enacted by the city council. Any violation of the provisions of this section shall constitute a misdemeanor. Commissioners had received in their agenda packets a copy of the ordinance when this section of the charter was changed in 1997, per a request made at our last meeting. The City Attorney stated his services/amount that can be spent in a referendum situation are defined, and he has no problem with that. However, he feels we need to take out the language that restricts the personal expenses of a petitioner in a referendum situation. Legally, we cannot restrict anyone from hiring their own legal counsel or how much they spend of their own money. Motion by Commissioner Buboltz, seconded by Commissioner Christopherson, to approve the above wording as a second reading at the commission level and forward it on to the City Council for their action/approval. Motion passed unanimously. October 23, 2003 Page 3 The following change for Chapter 12, Section 108, was reviewed: Chapter 12, Section 108, Official Publications. The council shall regulate by ordinance the manner in which official publicity shall be given to the holding of elections, to ordinances, resolutions, initiative, referendum, and recall petitions, to requests for bids upon contemplated purchases and contracts, and to all other matters whatsoever which require publication either by the terms of this charter or by the constitution and laws of Minnesota. It shall annually designate a newspaper of general circulation in the city as the official paper in which shall be published such measures and matters as are by the constitution and laws of this state required to be so published, and such other matters as the council may deem it wise to have published in this matter, or in lieu thereof it may establish a municipal publication, which shall then be the official newspaper. The council may in its discretion provide for the publication of the annual budget, ordinances, resolutions, initiative, referendum, and recall petitions, election notices, and such other measures and matters as it may deem wise by the posting of~ ,...,.~ o,, .... ,~.., and electronically displayed_ via the ciW's website and for such period of time as the council may direct in each case. If the latter method of publication is adopted, the council may provide that it shall be in lieu of other methods of publication or in addition thereto at its option. Wherever in this charter there is a requirement of the publication of any measure or matter, it shall be understood that the city council may designate the manner of such publication, subject to the options permitted by this section; but nothing herein contained shall be construed as authorizing or as attempting to authorize any violation of the constitution or the statutes of the state in any matter which is of state concern or which is exclusively under state control. The City Attorney felt this was a housekeeping matter, and it brings us into the 21st century. A commissioner questioned if cable TV wouldbe official notice, and the City Attorney stated it would not be. Motion by Commissioner Christopherson, seconded by Commissioner Antzaras, to approve the above wording as a second reading at the commission level and to forward it on to the City Council for their action/approval. Motion passed unanimously. Discussion of Possible Charter Changes Possible charter changes to Chapter 2, Section 15 and Chapter 7, Section 72 were then discussed. Chapter 2, Section 15, currently reads: Chapter 2, Section 15, Official Bonds. The city manager, the city clerk, and such other officers of the city as may be provided for by ordinance, shall each before entering upon the duties of their respective offices, give bond to the city in such sum as may be fixed by the council as an additional security for the faithful performance of their respective official duties and the safekeeping of the public funds. Such bonds shall be approved by the city council and shall be endorsed by at least three members of the council as having been so approved. They shall be filed with the security of the council. The provisions &the laws of the state relating to official bonds, not inconsistent with this charter, shall be complied with. The first city manager under this charter shall give bond in the sum of Five Thousand Dollars, but the council may increase this requirement at any time. The City Attorney's stated the state statutes allows for (but does not require it) the City Council to give the city the authority to acquire a bond of our city officials. However, our city charter requires it. He stated the city officials have error/omission coverage, but he was not sure if we have any bonds. It was suggested that the Finance Director, Bill Elrite, prepare a memo to the Charter Commission regarding the history of this bonding, and what his opinion of this section of the charter is. October 23, 2003 Page 4 Motion by Commissioner Schmidt, seconded by Commissioner King to table this issue until we receive further information from the city's Finance Director. Motion passed unanimously. Chapter 7, Section 72, currently reads: Chapter 7, Section 72, Bonded Debt and Debt Limit. Bonds may be issued by four-fifths vote of the council without the previous approval of the voters of the said city, but subject to the referendum powers of the people, for the purchase of real estate; for new construction; for new equipment; for all improvements of a lasting character; for the purchase or construction of public waterworks or for the enlargement of the same and for the protection and distribution of the water supply; for the establishment of public lighting, heating, or power plants, and for their acquisition and equipment by purchase or otherwise; for the acquisition or construction of street railways, telegraph or telephone lines, or any other public convenience from which a revenue is or may be derived; for the creation or maintenance ora permanent improvement fund; for the purchase or erection of needful public buildings; for establishing and maintaining garbage crematories, or other means of garbage disposal; for the establishment and maintenance of hospitals, schools, libraries, museums, art galleries and cemeteries; for the construction of sewers, subways, streets, sidewalks, pavements, culverts, and parks and parkways and play grounds; for changing, controlling or bridging streams and other waterways within the corporate limits and constructing and repairing roads and bridges within two miles of the corporate limits thereof; for the purpose of refunding outstanding bonds; for the purpose of funding floating indebtedness; and for all purposes which may be authorized by the laws of the State of Minnesota; the right of the city to issue bonds under the authority of any law heretofore and this section of the city's charter shall not be construed to limit the passed and adopted by the State of Minnesota, but no bonds shall ever be issued to pay current expenses or to refund emergency debt certificates. The total bonded indebtedness of the city shall never exceed ten percent of the last assessed valuation of the taxable property therein, including monies and credits, but in computing the total bonded indebtedness, emergency debt certificates and certificates of indebtedness shall not be included in or counted as part of the such bonded indebtedness, if (1) held in a sinking fund maintained by the city, (2) issued for the acquisition of equipment; purchase, construction, maintenance, extension, enlargements or improvement of street railways, telegraph or telephone lines, water, lighting, heating and power plants, or either of them, or any other public convenience, from which revenue is or may be derived, owned and operated by the city, or the acquisition of property needed in connection therewith; or for the construction of sewers, public drainage ditches, or the acquisition of lands, or for improvements of streets, parks, or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon the property specially benefited by such ditches or improvements, or (3) for the purpose of anticipating the collection of general taxes for the year in which issued. In no case shall bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purpose. It was previously questioned whether the words "within two miles of the corporate limits thereof" should be replaced with the words "within the geographical limits determined by the discretion of the council". The City Attorney stated if the commission wanted to bring this section of the charter up to date, he would do a sentence by sentence analysis of this section between now and January. It was the consensus of members present that the City Attorney should do this and present them with his findings. NEW BUSINESS All Inclusive Board/Commission Dinner-December 10, 2003 All current members of the commission as well as though who served in 2003 have been invited to the dinner on December 10t at Murzyn Hall. This dinner will replace the separate Charter Commission dinner we've held in the past in January. October 23, 2003 Page 5 Other Topics of Discussion At the July meeting of the Charter Commission, Commissioner Antzaras presented a letter on behalf of Commissioner Collova (who could not be present that evening) dated July 16, 2003. Mr. Collova suggested a change be made to Chapter 3, Section 26, Investigation of City Affairs. He felt that some city supervisors are not following this section of the charter, because employees have been disciplined for talking to council members. Copies of Mr. Collova's letter were again passed out to members present. Interim President Hartel stated he did not know how this would pertain to the Charter Commission. Free speech issues are not dealt with on this commission. The City Attorney stated this issue should be addressed to the City Manager and City Council. The Recording Secretary passed out new membership lists to those present at tonight'smeeting. NEXT MEETING DATE The next regularly scheduled meeting will be Thursday, January 15, 2004, at 7 p.m. at Murzyn Hall, at which time there will be election of officers. ADJOURNMENT Motion by Commissioner Buboltz, seconded by Commissioner Christophcrson, to adjourn thc meeting at 8:10 p.m. Respectfully submitted, Carole J. Blowers Recording Secretary October 23, 2003 Page 6 CITY COUNCIL LETTER Meeting of: 11/10/03 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER ITEM:NO: CHANGE ORDER #1 FOR THE /~"/~-~3 PUBLIC WORKS~ ~l~/~ ZONE 6B BY: K. Young ''l\ BY: STREET REHABILITATION PROJECT DATE: 11/6/03x.a DATE: Background: The Contractor has substantially completed the 2003 Street Rehabilitation project in Zone 6B. The work consisted of full street reconstruction with mainline or special utility construction/replacement. Analysis/Conclusions: During the course of construction, Public Works staff directed the Zone 6B contractor, Midwest Asphalt Corporation, to provide additional common excavation of the soft native clay soils and installation of replacement aggregate base material. The work was necessary duc to existing conditions found in the field, such as high moisture content in the native clay soils causing them to be soft and unstable. The work is only for the additional quantities in the existing bid using the line item unit bid pricing. This quantity was included in the assessment hearing calculations. Staff recommends approval of Change Order No. 1. Recommended Motion: Move to authorize £mal Change Order No. 1 for additional work common excavation and aggregate base material to the Zone 6B Street Rehabilitation, City Project 0302 to Midwest Asphalt Corporation in the amount of $36,703.65 to be funded out of the PIR Fund, or Assessments ($22,022.20) and the Infrastructure Fund ($14,681.45). IC~I.'jb Attachment: Changer Order No. 1 COUNCIL ACTION: CHANGE ORDER NO. 1 Project: 2003 Street Rehabilitation Owner: City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421 Contractor: Midwest Asphalt Corp. Cit~ ProSect: 0302 Date of Issuance: November 5, 2003 Engineer: City Engineer You are directed to make the following changes in the Contract Documents: Description: See attached. Purpose of Change Order: The contract has been modified to include the following: See Description Sheet. CHANGE IN CONTRACT PRICE Original Contract Price: $ 970,772.44 Previous Change Orders No. __ to No. __ $ None Contract Price Prior to this Change Order: $ 970,772.44 Net Increase of this Change Order: $ 36,703.65 Contract Price with all Approved Change Orders: $1,007,476.09 By: C/ty t~ngin~ - CHANGE IN CONTRACT TIME Original Contract Time: Net Change from Previous Change Order: Contract Time Prior to this Change Order: Net Increase (Decrease) of Change Order: Contract Time with Approved Change Orders: N/A Approved By: (Contractor) Approved By: Approved By: Date of Council Action Julienne Wyckoff, Mayor Walter Fehst, City Manager Attachment to Change Order No.. 1 City Project No. 0302 Page 1 Owner: Contractor: Project: City of Columbia Heights Midwest Asphalt Corporation 2003 Street Rehabilitation - Zone 6B Description of Changes: The City requested the following work: · Item No. 1: Extra common excavation Remove existing soft native clay soils to an additional depth of 6" to 18", as directed by the City Engineer. · Item No. 2: Extra class 5 or 7 aggregate base Place aggregate base in the excavated area to strengthen the subgrade. Item No. 1 2 Item Description Unit Quantity Extra common excavation (LV) C.Y. 1,933 $ 6.15 Extra class 5 or 7 aggregate base Ton 2,626 $ 9.45 Unit Price Total Price $11,887.95 $ 24,815.70 $ 36,703.65 FUNDING SOURCES: Assessment Infrastructure Fund $ 22,022.20 $14,681.45 CITY COUNCIL LETTER Meeting of November 10, 2003 AGENDA SECTION: Consent 5' f~-LI ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPRO. VAI_~ ,~' ,, ITEM: Transfer from off duty work from General BY: ThomasM. Johnson,~ BY: ~'~,//(~7~'~ NO. Fund to Reimburse Police Dept. OT budget DATE October 23, 2003 '~¥- [ DATE: BACKGROUND During the past four months, the Police Department has been involved in off duty employment details, which are handled through the department. These details were for security at Unique Thrift Store, CHHS graduation activities, and Immaculate Conception Fun Fest. Since this type of off duty employment is handled through the department, officers have signed up and worked these details since July 25, 2003, and we have received a check from the following entities: Unique Thrift Store--three checks in the amount of $1,275, $1,262.19, and $1,423.75; CHHS graduation activities: $552.50; and Immaculate Conception Church Fun Fest in the amount of $648.13. According to the City Finance Director, this money is considered revenue and had to be placed in the City General Fund. ANALYSIS/CONCLUSION The Police Department is requesting that the City Council approve a motion requiring the $5,161.57 received from Unique Thrift Store, CHHS graduation activities, and Immaculate Conception Church Fun Fest to cover the cost of off duty officers working security at these locations be returned to the 2003 Police Department budget line #1020. RECOMMENDED MOTION: Move to transfer $5,161.57, the total amount received from Unique Thrift Store, CHHS graduation activities, and Immaculate Conception Church Fun Fest for off duty security worked from the General Fund to the Police Department 2003 budget under line 1020, police overtime. TMJ:mld 03-144 COUNCIL ACTION: City of Columbia Heights Police Department MEMO To: Chief Thomas Johnson From: Captain William J. Rodd~4~ Subject: Overtime Transfer Date: October 22, 2003 Attached is a list of the overtime re-imbursement received from July 28th through October 22, 2003. This is income from outside sources that has been paid to CHPD for services of our personnel. Unique Thrift INVOICE # 021 023 024 Please request transfer of these funds to our overtime account. DATE AMOUNT 7-25-03 $1275.00 9-12-03 1262.19 9-12-03 1423.75 Columbia Heights Highschool Graduation Activities INVOICE # DATE AMOUNT 017 8-20-03 $ 552.50 Immaculate Conceptiotn Church Fun Fest INVOICE # DATE AMOUNT 022 8-20-03 648.13 Total Amount to be transferred to OT Account $5161.57 INVOICE Columbia Heights Police Department Date: July 25, _00.~ Invoice #: 2003-021 Customer Name: Unique Thrift Address: 2201 37th AveNE, Home Phone: Columbia Heights, MN 55421 Work Phone: 763-788-5250 (Andrea) Request for: 1 Police Officers for: June 2003 Tues 6-03-03 1000-1400 Wi 4hfs Fri 6-06-03 1600-2000 Ni 2hrs Sat 6-07-03 1700-2000 Bo 3hrs Fri 6-13-03 1700-2000 Bo 3hfs Sat 6-14-03 1500-2000 St 5hrs Tues 6-17-03 1000-1400 Si 4hfs Fri 6-20-03 1600-2000 Bo 4hrs Sat 6-21-03 1500-2000 Fi 5hrs Fri 6-27-03 1600-2000 No Officer Sat 6-28-03 1600-2000 No Officer Number of Officers: 8 BILLING INFOtLI,t4 TION Hours: 30 Wage is $42.50 per hour. Total Due: $1275.00 Make checks payable to the "City of Columbia Heights". Please mail payment to: City of Columbia Heights Police Department, 559 Mill Street NE, Columbia Heights, MN 55421 Officer(s) on Duty: Amount Received: FOR DEPARTMENTAL USE ONLY e:;o Off Duty,: '~'? Date: ,~- .g". ~'~ Nash Sales, lnc. .i?, -\ .... /2~,' 0~ ?003-02~ !, 275 . O0 .00 UO /~dMl NET -~MC UNT ~ 27~ O0 CHECK: 007527 08/01/03 - u-~-Z of Columbia Heights CHK TOTAL: !, 275. O0 "- THE ORDER OF: Nash Sales· Inc. 387 Cope Ave. E. Maplewood, MN 55109 [651) 773-8077 *ONE THOUSAND TWO ~%TNDRED SEVENTY City of Columbia Heights City of Col. Hots Police Dept 559 Mill Stree[ NE Columbia Heights MN 55421 Anchor Bank No~h St. Pau4 MN 75-882-960 007627 FIVE_ DOLLARS AND NO CENTs DATE AMOUNT 08/01/03 *****!, 275.00- ,'OD ? F= 2 ?,' n'O q ~0088 ~ 51: q ? :i SO q INVOICE Columbia Heights Police Department Date: Customer Name: Address: Home Phone: September 12, 2003 Invoice #: 2003-024 Unique Thrift 2201 374 Ave NE, Columbia Heights, MN 55421 Work Phone: 763-788-5250 (Andrea) Request for: 1 Police Officers for: August 2003 Fri 8-01-03 Fri 8-08-03 Fri 8-15-03 Fri 8-22-03 Fri 7-29-03 1600-1200 Ni 4hfs Sat 8-02-03 1600-2000 1600-2000 Ni 4hfs Sat 8-09-03 1500-2000 1700-2000 Ni 3hrs Sat 8-16-03 1500-2000 No Officer Sat 8-23-03 No Officer 1600-2000 Ni 4hrs Sat 7-30-03 1515-1945 Jo 4hrs Ni 5hrs Fi 5hfs Ni 4.5hrs Number of Officers: 8 Wage is $42.50 per hour. BILLING INFORMATION Hours: 33.5 Total Due: $1423.75 Make checks payable to the 'City of Columbia Heights". Please mail payment to: City of Columbia Heights Police Department, 559 Mill Street NE, Columbia Heights, MN 55421 Officer(s) on Duty: Amount Received: FOR DEPARTMENTAL USE ONLY Off Duty: Date: INVOICE Columbia Heights Police Department Date: September 12, 2003 Invoice #: 2003-023 Customer Name: Address: Home Phone: Unique Thrift 2201 37~ AveNE, Columbia Heights, MN 55421 Work Phone: 763-788-5250 (Andrea) Request for: 1 Tues 7-01-03 1000-1400 Fri 7-04-03 0900-1600 Fri 7-11-03 1600-2000 Tues 7-15-03 1200-1500 Fri 7-18-03 1600-2000 Fri 7-25-03 1600-2000 Police Officers for: July 2003 Sc 4hrs Wi 7hrs* Sat 7-05-03 1800-2000 Ni 4hfs Sat 7-12-03 No Officer Ni 3hrs Ni 4hrs Sat 7-19-03 No Officer Fi 4hrs Sat 7-26-03 No Officer * Holiday Prem rate= $56.67 Bo 2hrs BILLING INFORMATION Number of Officers: Hours: 21 + 7 Premium V~age is $42.50 per hour. Total Due: $1262.19 Make checks payable to the 'City of Columbia Heights". Please mail payment to: City of Columbia Heights Police Department, 559 Mill Street NE, Columbia Heights, MN 55421 Officer(s) on Duty: Amount Received: FOR DEPARTMENTAL USE ONLY Off Duty: Date: .j Nash Sales, Inc. DATE INVOICE NO COMMENT 09/12/03 2003-023 09/12/03 2003-024 AMOUNT 1,262.19 1,423.75 007854 DISCOUNT NET AMOUNT .00 1,262.19 .00 1,423.75 CHECK: 007854 10/01/03 City of Columbia Heights CHK TOTAL: 2,685.94 PAY TO THE ORDER OF: Nash Sales, Inc. 1387 Cope Ave. E. Maplewood, MN 55109 (651) 773-8077 Anchor Bank North St. Paul, MN 75-882-960 007854 *TWO THOUSAND SIX HI/NDRED EIGHTY FIVE DOLLARS AND 94 CENTS DATE AMOUNT 10/01/03 *****2,685.94* City of Columbia Heights City of Col. Hgts Police Dept 559 Mill Street NE Columbia Heights MN 55421 ,'OO?85h,' ':Oq~.OO8.°,85,:q?q I I Date: INVOICE Columbia Heights Police Department Invoice #: August20,2003 Customer Name: Address: Home Phone: Columbia Heights Highschool 1440 49th Ave NE, Col. Hgts. MN 55421 Work Phone: Request for: Graduation Activities 1- Campout Nightingale 2- Graduation Sinn Bonesteel 3 Police Officers for: 2100-0400 7 hrs 1800-2100 3 hrs 1800-2100 3 hfs 528-4602 · BILLING INFORMATION Number of Officers: 3 Hours: 13 Wage is $42.50 per hour. Total Due: $552.50 Make checks payable to the "City of Columbia Heights". Please mail payment to: City of Columbia Heights Police Department, 559 Mill Street NE, Columbia Heights, MN 55421 Officer(s) on Duty: Amount Received: FOR DEPARTMENTAL USE ONLY OffDuty: ,,~y Z ~ Date: NO. 13 VENDOR NUMBER VENDOR NAME CHECK DATE CHECK NO. 08350 - CITY OF COLUMBIA HEIGHTS 10/02/03 00111868 DATE INVOICE NUMBER DESCRIPTION I P'O' NUMBER AMOUNT 08/20/03 2003-017 552 · 50 TOTAL AMOUNT CITY OF COLUMBIA HEIGHTS PAID 552.50 POLICE DEPT 559 MILL STREET NE COLUMBIA HEIGHTS ~N 55421 INDEPENDENT SCHOOL DISTRICT NO. 13 1400-49TH AVENUE N.E. COLUMBIA HEIGHTS, MINNESOTA 55421 I bank. CHECK DATE CHECK NO. 303 Third Street Northwest East Grand Forks. MN 56721 10/02/03 111868 PAY: TO THE ORDER CF: *******552 Dollars 50 Cents CITY OF COLUMBIA HEIGHTS ATTN: POLICE DEPT 559 MILL STREET NE COLUMBIA HEIGHTS MN 55421 CHECK AMOUNT $552.50 75-15~2 912 INVOICE Columbia Heights Police Department Date: August 20, 2003 Invoice #: 2002-022 Customer Name: Address: Home Phone: Immaculate Conception Church 4030 Jackson Street NE Work Phone: 763-788-9062 Request for: 1 Saturday August 9th 2003 Sunday August 10~h 2003 Police Officers for: Bonesteel (1700-2330) Johnston (1100-1945) 6.5 hours 8.75 hours Number of Officers: 2 Wage is $42.50 per hour. BILLING INFORMATION Hours: 15.25 hours Total Due: $648.13 Make checks payable to the "City of Columbia Heights". Please mail payment to: City of Columbia Heights Police Department, 559 Mill Street NE, Columbia Heights, MN 55421 Officer(s) on Duty: Amount Received: FOR DEPARTMENTAL USE ONLY ~ bt{~,~ OffDuty:Date: THE CHURCH OF THE IMMACULATE CONCEPTION Fol': Invoice # 2002-022 City of Colulmbia Heights Police Dept Date Due Date 08/22/03 08/20/03 Amount $648.13 Total: $648.13 2 0 1 3 7 Date: 08/25/03 Check: 20137 Discount Paid Memo $648.13 Total: $648.13 PAY TO THE ORDER OF THE CHURCH OF THE IMMACULATE CONCEPTION 4030 JACKSON STREET, NE. COLUMBIA HEIGHTS, MN 55421 ****Six Hundred Forty-Eight and 13/100 Dollars**** City of Colulmbia Heights Police Dept 559 Mill Street NE Columbia Heights, MN 55421 NORTHEAST BANK MINNEAPOLIS, MN - 612-379-8811 COLUMBIA HEIGHTS, MN - 763-788-9351 COON RAPIDS, MN - 763-784-3533 YOUR INDEPENDENT COMMUNITY BANK 17-13-910 20137 20137 DATE AMOUNT 08/25/03 ****$648.13**** SO0,,, SF=Et CITY COUNCIL LETTER Meetin~ of November 10, 2003 AGENDA SECTION: Consent ~- -/3x -..~-' ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAJ_~ -~'~' ITEM: Transfer Safe & Sober Funds from General BY: Thomas M. Johnson ~ BY: NO. Fund to Police Dept. 2003 O.T. budget DATE October 29, 200~ DATE: BACKGROUND During the past six months the Police Department took part in the statewide Safe and Sober program. This program involved putting officers on our streets on overtime, enforcing driving while intoxicated laws, and use of seatbelts. On August 25, 2003, we were reimbursed by the State of Minnesota for the overtime expended. This was in the amount of $1,590.95. On October 28, 2003, we received an additional check of $687.98 from the State of Minnesota for additional overtime worked. The money was originally paid out of our 2003 overtime budget and we would like to reimburse these funds. ANALYSIS/CONCLUSION Since the overtime dollars used to participate in this program are initially paid out of our 2003 police budget, and because according to the Finance Director, the funds received from the State to repay this expenditure are initially considered revenue, they must be placed in the General Fund. The Police Department would like to see these funds moved back into our 2003 Police Department overtime budget line 1020 fi'om the General Fund. This will assist in continuing to take part in this program. RECOMMENDED MOTION: Move to transfer $2,278.93, the total amount of money received from the State of Minnesota for our efforts in Safe and Sober program from the General Fund to the Police Department overtime budget line 1020. TMJ:mld 03-146 COUNCIL ACTION: Payee: 10836- COLUMBIA HEIGHTS POLICE 2EPT Suuplier Invcice No DaCe Remark 102803 10/16/2003 SAFE & SOBER G~gT Check Nc ~ 0 ~" ~ 0 Check Dace -!0/28/2003 PO Stub Amcu~n u ~87.98 687.98 PLEASE DETACH 5EFCRE CEPOSIT[NG WELLS FARGO BANK ~-~ :ooN 202130 PAY ~JUMBER 00202130 OATE 10/28/2003 AMOUNT $*******687.98 SIX HUNDRED EIGHTY SEVEN AND 98/100'************************************************ COLUMBIA HEIGHTS POLICE DEPT ATTN: CPL PAUL BONESTEAL ~,U r~C RI'"--D ~tGNATU=ES ," ~n ~ ~. ~nH. ~.'Nq ~,nnnn ~.q,_'nn ~nR ],,I,,, :~nnll. A~enc¥: Columbia Heights P.D. 2003 Safe - Sober Invoice and Budget Wave V DUE: 1-21, 7-8, 8-28, 9-30. Costs before and after July t mus~ be split,r 9/02 Agency Name: Columbia Heights Police Dept. Invoice Number5 Date Submitted: 10/29/03 Address' 590 40th Avenue NE Project Number/Reporting Category: For the time period: Columbia Heights, MN 55421 From: To: 03-04-04,_ Task: 17 Wave(s)~: 1,_2, 3, 4, 5 ---.--- '~'~;~.', ~ . $6,547.43 I $6,547.43 I I Signature of Project Director Signature of 0 TS Coordinator Approval Date Signature of Financial Officer Enhanced Patrol Cost Summary ATTACHED Administrative Cost Summary ATTACHED Purchase Invoice ATTACHED (only if billed this invoice) This block if for State use only Agency: PO7 Appr. Unit: 925/92x Vendor Numbel 33313003i SFY: 02 Orgn: )240 Requisition: 9200-242 Payment Amount: $688.07 Order Number: 9200-028 Fund: JObject: 3o0 15BO0 Changes in budget require approval from your OTS coordinator. Budgets are in your grant agreement. 20~50~ Payee: 108367 COLUMBIA HEIGHTS POLICE DEPT Supplier Invoice No Date Remark 090403 8/25/2003 SAFE & SOBER Check No. 201501 Check Date 9/24/2003 PO Stub I cf 1 Amount 1,590.95 1,590.95 PLEASE DETACH BEFORE DEPOSITING ,][11 I · '4'i k !' I : '[ ~rT."'fl · i, ::lei t'I[(4 (t'l [. I1~.i,%.1 [~J 111'4 ~ 'I '.i =1 fN~]llt'q[.] [.1'.,I ~11 k[tg~l I:::~ I::kvd~ &"']::l[.]'~l I~,.'ll[.[.{l|'i:l ill %~.-"f] fT iil~[..ItrNl&%,%ll=[ I,[1[ I ::I~_'IH~] :l-'l~I'{[t,tq~ll-"'-. : ~IJK];! ;'- : : 1 ' : ,,: ._.. : .,, ~ -' -: ' : : : : . : :'- :: .,: ._ _, .,,,E,,, F,,,GO,,,,.., 201501 ,.,.4 CCON RAPIDS, MN 55433 910 PAY NUMBER 00201501 DATE 9/24/2003 AMOUNT $****'1,590.95 ONE THOUSAND FIVE HIINDRED NINETY AND *********************************************** TOTHE · ORDER . OF . COLUMBIA HEIGHTS POLICE DEPT ATTN: CPL PAUL BONESTEAL AUTHORIZED SIGNATURES [,'80~EOlt[' ~:Oq~O000~q~:o0~0O~EO0[" A¢lencv: Columbia Heic~hts P.D. 2003 Safe - Sober Invoice and Budget Wave IV DUE: 1-21, 7-8, 8-28, 9-30. Costs before and afte. r July 1 . must be split. 9~02 !Agency Name: Address: Columbia Heights Police Dept. 590 40th Avenue NE Columbia Heights, MN 55421 Invoice Number 4 Project Number/Reporting Category: 03-04-04, Task: 17 Date Submitted: 10/27/03 For the time period: From: / / To: Wave(s) #: 1, 2, 3, 4, 5 / / Signature of Project Director $1,591.16 $1,591.16 $5,859.36 $5,859.36 $719.79 $719.79 $3,106.75 $3,106.75 $97.18 $97.18 $354.58 $354.58 $1,591.16 $816.96. $2,408.12 $5,859.36 $3,461.32 $9,320.69 Signature of O TS Coordinator Approval Date Signature of Financial Officer Enhanced Patrol Cost Summary ATTACHED Administrative Cost Summary ATTACHED Purchase Invoice ATTACHED (only if billed this invoice) This block if for Vendor Numbel 33313003 SFY: 02 State use only Agency: Orgn: Order Number: PO7 9240 9200-028 Appr. Unit: Requisition: Fund: Object: 925192x 9200-242 300 5B00 Payment Amount: $t,591.16 Changes in budget require approval from your OTS coordinator. Budgets are in your grant agreement. CITY COUNCIL LETTER Meeting of November 10, 2003 AGENDA SECTION: Consent ~-f~ -~r ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROV4~.~ ITEM: Authorization to accept Juvenile Accountability BY:Thomas M. Johnso~9~,~ BY: NO. Block grant from State of Minnesota DATE November 3, 2 .~1)3 q/~ DATE: BACKGROUND The Columbia Heights Police Department has been successful in securing a grant through the State of Minnesota Office of Justice Programs/Juvenile Accountability Incentive Block Grant. This grant will pay for the supervisor's pay for our graffiti cleanup program and for officers to work a Delinquency Prevention Initiative at the High School and Middle School. The grant is for $5,898, with a $655 match. The grant breaks down as follows: $4,390 for the Delinquency Prevention Initiative and $2,163 for supplies, salaries, and fringe benefits of work crew supervisors, and pizzas for the cleanup crew. We have been using this same grant during the past several years for the same expenses. ANALYSIS/CONCLUSION This grant will allow us to continue a program that has worked very well for the city and the department. Individuals caught doing vandalism and/or graffiti, or have community service time to serve, or through the local schools have detention to serve, use this program to pay their debt to society. The city benefits by having graffiti free buildings and a clean, appealing community. The program has been expanded to include raking leaves in the fall for the elderly or disabled and shoveling snow in the winter for the same. It will also allow us to fund some extra help at the Middle School and High School in order to implement a Delinquency Prevention Program. The department feels strongly that this is an excellent use of these funds. RECOMMENDED MOTION: Authorize the Mayor and the City Manager to accept a grant from the State of Minnesota Office of Justice Programs/Juvenile Accountability Incentive Block Grant for $5,898 with a match of $655, which is to come from unexpended funds in the 2003 Police Department budget. TMJ:mld 03-148 COUNCIL ACTION: MINNESOTA DEPARTMENT OF PUBLIC SAFETY Alcohol & Gambling Enforcement Bureau of Criminal Apprehension Capitol Security Driver & Vehicle Services Homeland Security and Emergency Management Justice Programs State Fire Marshal / Pipeline Safety State Patrol Traffic Safety Office of Justice Program, s 444 Cedar Street, 'Suite 100, St. Paul, Minnesota 55101'-5100 Phone: 651/284-3333 FAX: 651/284-3317 TTY: 651/205-4827 Internet: http://www.ojp.state.mn.us ~ctober 22, 2003 Mayor Julien~. e Wyckoff 4261 Reser~;ior Boulevard Columbia' I~Ieights, MN 55421'-3252 Dear Mayor Wyckoff: The City of Columbia Heights has the oppommity to receive a $5,898 grant under the federal Juvenile Accountability Block Grant (JABG) program authorized under Public Law 105-227. This program is intended to help reform the juvenile justice system and to provide greater accountability for juveniles involved in the juvenile or criminal justice system. Background materials regarding the JABG Program are enclosed for your review. Your jurisdiction's allocation of $5,898 is b.ased on a formula prescribed by federal law: two-thirds (2/3) is based on your jurisdiction~s share of average expenditures for law enforcement, corrections and court-related activities for counties, cities, townships and tribal governments (using data provided by the State to the U.S. Census Bureau's Census of Govemmen~ and Annual Public Finances Survey). The remaining one-third (1/3) is based on your jurisdiction's share of the average number of Part 1 crimes committed between 1998 and 2000 as reported by the Federal Bureau of Investigation's (FBI) Uniform Crime Reporting (UCR) Program. Federal law requires a minimum 10% local cash match of $655 to supplement your award. Your jurisdiction has four options available in regard to these funds: 1. You may choose not to accept the funds.* 2. You may choose to contract with the Minnesota Department of Public Safety (DPS), Office of Justice Programs; to use JABG funding within your own jurisdiction, sUbject to all terms, conditions and requirements of the JABG program (including providing matching funds). 3. You may combine your allocation with other jurisdictions in your area and appoint one jurisdiction as the fiscal agent. We have enclosed a list of all of the eligible jurisdictions and their allocation amounts. 4. You may choose to allow your allocation to be offered to another jurisdiction.* EQUAL OPPORTUNITY EMPLOYER *Note: Should you choose option #1, DPS will choose the jurisdiction to be offered your allocation; If you would like your allocation to be given to a particular county/city in your region, please choose box 4 and specify the name of the jurisdiction. Please return the enclosed Certification of Use of jABG Funds form signed and with your response circled by Monday November 3, 2003. Send your Certification of Use of Funds Form to: Minnesota Department of Public Safety Office of Justice Programs Attn: Andr6 Wiegand 444 Cedar Street, Suite 1 O0 St. Paul, MN 55101-5100 Should YOu choose to particpate in JABG, the Office of Justice Programs at the DPS will provide an application with more extensive information on the JABG program. Please be advised that there are changes to the JABG program with the reauthorization of federal statutes. Please see Attachments A, B, and C for more information. Should you have questions, please contact Andr6 Wiegand at 651/296-8755 or e-mail Andre. Wiegand~state.mn.us. Thank you for your cooperation. Sincerely, Jennifer Leholm, Juvenile Justice Specialist Office of Justice Programs Enclosures: 2004 JABG Allocations Attachment A-Certification of Use of JABG Funds Attachment B-JABG General Information Attachment C-JABG Questions and Answers cc: Chief Thomas Johnson Attachment B Juvenile Accountability Block Grant (JABG) General Information Source of Allocation: The first appropriation for the Juvenile Accountability Incentive Block Grant (jAIBG) came under the U.S. Department of Justice (DO J) Authorization Act for FY 1998 (Under Public Law 105-119). This past November of 2002, the DOJ Authorization Act for FY 2003, revised and renamed the program Juvenile Accountability Block Grant (JABG). Minnesota's allocation for the year 2004 is $2.6 million. Outcomes )> Federal law requires that any jurisdiction receiving JABG funds must: o Choose program purpose areas'for funding. o Establish a Juvenile Crime Enforcement Coalition (JCEC). This can be an existing group if it includes the required membership. o Develop a Local Coordinated Enforcement Plan for reducing juvenile crime. o Certify.that they will be responsible for providing matching.funds reqUired to secure their allocation (match equals 10 percent of the total program cost). Intent of JABG The intent of this program is to reduce juvenile cdme by encouraging accountability- based reforms at the state and local level. In addition, funds may also be used within the juvenile system to help reduce backlogs by hiring additional prosec~ors and/or judges, improve computer systems to help track and monitor youth in the juvenile justice system, and other option to help streamline services. These funds cannot supplant existing funding at the local level. How your allocation is calculated Allocations from the state to local units of government within the state are determined by a formula outlined in federal regulations and guidelines comprised of the following: Two-thirds (2/3) of the allocation is based on each unit of general local government's (including counties, cities,, townships and tribal governments) proportional share of aver. age noncapital expenditures for law enforcement, corrections and the judiciary over a three-year period. One-third (1/3) is based on each unit of local government's proportional share of the average number Part I crimes committed over a three-year period. After these factors have been computed, counties, cities, townships and tribal governments with an allocation of $5,000 or greater will be eligible to receive a direct grant from the state, under federal guidelines. Units of general local government with an allocation of less than $5,000 are not eligible to receive direct funding from the state. In Minnesota, the state is encouraging direct grantees to invite neighboring counties and/or cities with allocations of less than $5,000 to participate in the development and implementation of their plans. H:\ODP~JAIBG~2004 Grantee Application~JAIBG General Info and Q A-Att B and C.doc Attachment C Juvenile Accountability Block Grant (JABG) QUestions and Answers How many jurisdictions are eligible? Whether a county, city, township or tdbal government is eligible to receive JABG funds directly depends on its percentage of total statewide law enforcement and related expenditures and its percentage of the state total of Part 1 crimes reported to the FBI. Planning estimates consisting of percentages of law enforcement expenditures and Part 1 crimes have been calculated for the entire state. Jurisdictions with an allocation of $5,000 or more are eligible to receive JABG funding directly from the Minnesota Department of Public Safety (DPS). Are matching funds required? If so, how much? Matching funds are required as a part of this grant. The amount of match required has been calculated by DP$ in accordance with federal law and policy established by the Justice Department. The amount of match is 1/9 of the amount of JABG funding allocated to each jurisdiCtion, except in the case of JABG funds used for construction, which requires a dollar for dollar match. If my jurisdiction wants to partner with others, what is the first step? Each eligible jurisdiction (city or county) will have the option to collaborate or partner with other communities and/or counties, as it deems appropriate. Jurisdictions.may partner with others as they see fit; however, it is required that a lead partner be identified early as the fiscal agent'for purposes of coordinating the plan and issuing contracts. What happens to the allocations for those counties that are under $5,000? We intend to offer these funds to collaboratives, which meet the required minimum allocation of $5,000. Ineligible counties will receive a letter in the near future. Who is eligible to be a fiscal agent? Any unit of general local government (county, city, township or tribal government) can act as a fiscal agent for this project. How long will the funding 'last? All contracts prepared for the 2004 funds will have an ending date of June 30, 2005. H:\ODP~JAIBG~2004 Grantee Application~JAIBG General Info and Q A-Att B and C.doc 2004 Juvenile Accountability Block Grant Allocations Funding is provided to the Minnesota Department of Public Safety by the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. Juvenile Accountability Block Grant (JABG) funding for local units of government is determined ming the following formula: 2/3 local law enforcement expenditures and 1/3 Part I crimes. The Juvenile Justice and Delinquency Prevention (JJDP) Act stipulates that only jurisdictions receiving a formula allocation of $5,000 or over may receive a direct grant with the State. City allocations that are less than $5,000 are re-allocated to the county. County allocations that are less than $5,000 will be receiving a letter from our office encouraging them to form partnerships to combine their allocations to serve juveniles across their jurisdictions. AITKIN COUNTY AITKIN COUNTY Ineligibles Total AHocations AITKIN COUNTY allocalion plus allOCation from ineligibles: ANOKA CrTY ANOKA COUNTY ANOKA COUNTY Ineligibles BLAINE CITY COLUMBIA HEIGHTS CITY COON RAPIDS CITY FRIDLEY CITY Total Allocations ANOKA COUNTY allocation plus allOCation from Ineligibles: $4,625 $4,67.5 $4,625 $5.854 $43,913 $14.607 $7.600 85,ege $10.766 $8,667 $S8,520 BECK. ER COUNTY BECKER COUNTY Ineligibles Total Allocations BECKER COUNTY allocation plus allocation from ineligibles: $5,136 $5,136 BEL TRAMI CO UNTY BELTRAMI COUNTY BELTRAMI COUNTY Ineligibles Total Allocations BELTRAMI COUNTY allocation plus allocation from Ineligibles: $7,253 $4,046 $ ~ ~ .299 10/16/2003 Pagelofl4 CITY COUNCIL LETTER Meeting of November 10, 2003 AGENDA SECTION: Consent 5-//~ -'~ ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAI~.: / · ITEM: Premises Permit Renewal/Application Class B BY: Thomas M. Johnson ~m'(Xx BY: ~'Tf~~ NO Gambling License for VFW Post #230 DATE: November 4, 20(t~' ~ DATE: / · -,-~r BACKGROUND The VFW Post #230, 4446 Central Avenue N.E., Columbia Heights, has submitted a Class B license renewal application, which is attached. The renewal would permit charitable gambling on the premises at this location. ANALYSIS/CONCLUSION Since the organization satisfies the City Council resolution regarding charitable gambling and has paid the $250 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the renewal of a Class B charitable gambling license for VFW Post #230,4446 Central Avenue N.E., Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. Attachments mld 03-150 COUNCIL ACTION: Lawful Gambling License Renewal Application LG200R Board Use Only License #: 12 Expiration Date: Organization: Business Address: Org Phone: County: 2/29/2004 VFW Post 230 4446 Central Ave NE, Columbia Heights, MN 55421 (612)788-8602 Anoka Chief Executive Officer: 'mI .3 Organization Treasurer: each site ' of the'following locations list the days and hours if necessary)i: ' "' . ':' Site #: 1 Org Owns Site: Site Name: Street Address: County: Bank Name: Address: Y VFW Post 230 4446 Central Ave NE, Anoka Northeast Bank 3989 Central Ave NE, Gambling Acct #: 5004700 [] ~ will not be renewing this site Columbia Heights, MN 554211. Columbia Heights, MN 5542! Site #: 3 Org Owns Site: Site Name: Street Address: County: Bank Name: Address: y ' .i [We.will not be renewing this site LaCaberna Bar & Grill 4952 Central Ave NE, Columbia Heights, MN 5542! Anoka Northeast Bank 3989 Central Ave NE, Columbia Heights, MN 55421 Gambling Acct #: 5004700 ,.~~~mlmm~ ~...~...~~..,.~,..,,,.?-..;.,,.~.. ...... ;...,....-,,- ~ -;, .... - ....... .. l DECLARE THAT: ! have read this apRIIcation and declare that all information sub Is , a plete. I have read this application and all Information submitted to the Gambling Control Board; All the Information Is true, accurate and complete; y~4.~.~/'~,.'//~.-.t.-,.-,.~/~- ,.. All other required infotmaUon has been fully disclosed; Notarized signature of ~hief executive officer ! assume full responslbilily for the fair and lawful Date: /~, /,,~ operation of all gambling activtUes to be conducted; ~ ' I will familiarize myself with the laws of Hlnnesota governing gambling and rules of the Gambling Control Notary Public Seal must be current and correct; seal may Board and agree, if to abide by those laws and rules, not be altered. Subscribed and sworn to before me this including amendments to them; ~ q C~~...~&. L,,/ Any changes in application Information will be / day of ,*--~-, of lhe change; public" 'b/ I undersl~nd that failure to provide r~lulred information Nob~ry..: _ , - :, '. ¢~". or providing false or misleading Information may result ~ ~t~ in denial or revocation of the license.~ ~i~IB~ ~ ...-,./ Mall ~omnlete renewal apDIicaUon by: 12/31/200 to,' Orqanization License Licensing Contact: '~ ':': ....... '*~"'""*"~ ' Phone: (651)639-4(~9 ":/~'2 L · i':~ :' .~ '*~' '~ ;i)LIC- MINNE~OT& Fax # (6S1) 639-4073 Emaih roxie.rolph@gcb.state.mn.us , ~ ................ ~ The Information requested on this ron~ (and any attachments) ~tll be used by the Gambling Control Board (Board) to determine y,,ur qu~tnc, uons to be ~v~ved in ~w~ gambling acUvlUes In Minnesota, and to assist the Board in conducUng a background InvesUgaUon or you. You have the fight to refuse to supply the InformaUon requested; however, ii'you refuse to supply this inl'ormaUon0 the Bored may not be able to determine your qualillcaUons and, as a coP~,,quence, may rel'use to Issue you a license. If you supply the Inl'ormaUon requested, the Board will be able to process your application. Your name and address will be public Information when received by the Board. All the other InFormation that you provide will be private data about you until the Board Issues your license. When the Board Issues your license, all or the InformaUon that you have provided tu the Board in the process or applying for your license will become public except for your Sodal Security number, which remains private. If Board does not. Issue you a license, all Information you have provided in the process of applying for a license remains private, with the exception of your name and address which will remain public. Private data about you are available only to the following: Board members, start' or the Board whose work assignment requires that they have access to the Information; the Minnesota Department of Public Safety; the Minnesota Altonley General; the Minnesota Commissioners or Administration, Finance, and Revenue; the Minnesota LeglslaUve Auditor, naUonal and intemaUonal gambling regulatory agencies; anyone pursuant to court order; other Individuals and agencies that are specifically authorized by state or federal law to have access to the lnl'ormaUon; indivkluals and agencies l'or which law or legal order authorizes a new use or shar).ng o1' InformaUon a~er this Notice was given ~:~.~;~/;i~'~ ....... * '~='' **"':""'~ ~"~'~.,..?:~AnnUal*:"~'~ .... ' ............ Gambling' .............. Manager~" ' .... License (Fee $100) :~' ::;; :::' ~:..... '.. ~:..... ..~ .., ..... ., ....................... ii', ' Yt~ .~' .-;?'2~ ,~;~Z' ~; ~.'z',. "-~:~-~'~':'~,~.:~,'~..~.. ~.'" .~'~'~r~!~?" ' , ' · ' , .,: , , , GM License ~: 000~2-00~ Gambling Manager: 3ohn Robe~ Brodie Home Address: 160 Gibral~r Rd NE, Fridley. MN 55~21 Phone: (763)572-8753 Date of Bi.h: 12/22/1926 Social SecuriW ~: 311-22-0111 Bonding Znsurance Co: Post Ins Prog~m Bond ~: 37BDDAG6395 ,-Most Recent Eduction: 1~/22/2002 ~ We will not ~ renewing ~is pe~on as gambling manager. Enclosed is a ~parate LG212 appli~tion I Note: A n~ gambling manager may ~t assume duU~ unUI licensed by the Gambling ~ntrol ~ard. I ......... . .... .' .~'...~ A~dav~t and sent atement ~ - . *~ .,~.., . ~ .. , '~ .~'....'.....'. : ~' . . · . . .... ~ · ~:.:::3_~ ~.,~.~ · ~ ~ · - 1. I have never ~n convi~ed of a felony or a crime Background ~eck. By signa~re of ~is d~ument, the involving gambling, unde~ign~ authorizes ~e ~pa~men~ of Public Safe~ and 2. ~ have n~er ~mmi~ a viola~on of la~ or ~rd Revenue to condu~ a ~minal and ~x ~ckground check or ~le ~t r~ult~ in ~e rev~Uon of a li~n~ issu~ review and to share the resul~ with ~e Gambling Control ~ ~e ~ard wi~in r,e yea~ ~fo~ ~e date of ~e ~ard. Fu~her, ~ unde~and, agra, and hereby irrevocably li~ appli~Uon. ~n~nt that sui~ and a~ons relaUng to the subj~ ma~er of 3. ~ ha~ n~er ~n c~vi~ of a cdminal ~olation this ~mbling manager licen~ appli~Uon, or a~ or omissions involvi~ ~aud, ~e~, ~x evasion, misrepr~n~tion, or arising from such appli~tion, may ~ commenced again~ me ~amblin~. or my or~ani~a~on and I 4. I h~ve n~er ~en mnv~ o~ O) a~ult, (il) a any ~u~ o~ competent iuri~i~on in ~innemta ~V ~emice on ~king terrori~c ~. pleading au~orized by the laws of ~inne~. 5. I have n~er ~en, or am ~ now, conn~ed wi~ or Failure to provide r~uired information or providing false or e~ag~ in an ill,al bu~n~s, misleading information may r~ult in the denial or rev~ation of 6. [ have n~er had a ~ and u~ ~x ~it revok~ the Iicen~. by ~e ~mmi~ner of revenue ~ithin the past ~o 7. I have n~er, a~r demand, fail~ to file ~x re~rn~ r~uir~ by ~e commis~oner of r~enue. 8. ~ do not owe $5~ ~ more in delinquent ~xes as defin~ in ~on 270.~. 9. Z have ~n an a~ve mem~r of ~e omanizaUon. ~ have read this application and declare that all information ZO. ~ am not a gambling manager or an a~istant submi~ed is ~ue, accurate, and complete. 11. I am not a lector, ~ mem~r of the ~mm~iam ~amil~, or an emp~ee o~ a I~r o~ a premix, where ~i~ or~ani2a~on ha~, ~rmit imu~ ~rom the 8~rd to ~rlz~ ~i~n~ture of ~am~lin~ manager applicant ~ate: / 12. I am not involmd dir~ or indir~ a~ ~ bingo hall owner, m~nufa~r~, ~ di~l~tor. 1~. I am not ~e ~ief ~em~ve officer o~ ~b ~om~ Public Seal mu~ be cu~ent and corr~ ~eal ma~ not ~aniza~on. be alterS. Sub~ribed and ~orn to besom me thi~ 14. I ~m not ~e ~e~umr o~ ~i~ ~ ~/ day of ~ [~ ~ ~'r~v~'.)~UC aI~TA NO~ public 1 ~'~ LJ '70 ~ JOt RESOLUTION 9d-~ BEING A RESOLUTION AUTHOI~W-ING CERTAIN CHA.R.rTAB~ GAMMLING Currently, Resolution No. 88.41 reads aa follows: BE 1T RF_.SOL~ by the City of Columbia Heights uhat gambling, ~ d~b~ in ~om Smmt~ 326 ~ be pm~bit~ in ~ b~ ~d ~quor ~ub~en~ ~ ~e Ci~ w~ ~e lic~ p~t m S~on 5J01, 5~03, ~, ~.505, ~, or 5.507 of ~ Ci~ ~de ~1~: . The organization wi~.ing to gamble obtains the permission of ~he Minnesota C2mfitable Gambling Control Board; The organization wishing to gamble obi. ins the pe-m~sion of the Council of th~ City of Columbia Heights; The orianization wishing to gambles has been in ex~st~uc~ in Columbia Heights for not less than t~n years; Thc organization wishing to gamble is a bona fide club; The org~/.zatiou wishing to gamble does not pay thc proprietor of the licensed pr~mis~s a rental or lease pay'~ent in excess of the lesser of ~ p= month, or the amount authoriz~l by the Stat~ Charitable Gambling Comrol Board for Class A and Class B licenses. No othe~ remu.ue~ation shall be paid to the proprietor for pertaining the gambling activity or devic~ to be locat~l on the licensed prem/ses. A license fee not subject to a waive~ shall be paid to the City of Columbia Heighm in the amoum of 8250 for Class A and Class B Iic~nses and $25 for Class C and CIass D lic~uses. I..ic~ns~ fees shall not prorat~ or rdundable. NOW, THEREFOR.E, BE IT RESOLVED us. at this resolution shall take effect on July 1, 1988, and shall replace l~solution 86-11. Passed this 9th day of May, 1988. Resolution 8841 is h~cby amended to read: RESOL~ON BEING A RESOLUTION AUTHOKIZING CERTAIN CHARITABLE GAMMLING BE IT I~OL~ by the City of Columbia Heights that gambling, as described in Minnesota Smut~ 326 shall be prohibited iu all bars and liquor establishumnts within the City which are liceus~.d pursuant to Section 5.501, 5.503, 5.504, 5.505, 5.50d, or 5.507 of th~ City Code unless: Thc organization ~,dshing to gamble obtains the permission of the Minu~ota Charitable Gambling Conu'ol Board; The organization wishing to gamble obtains the pu-,-m~ssiou of the Council of the City of Columbia Heights; Thc organization wishing to gambl~s has been in existence in-Columbia H~ights for not less than ten years; 4. The organization wishing to gamble is a bona fide club; The organization wishing to gamble doe~ not p~y ~e pr~or of ~e lic~ ~e~ inclusive of ~v ~d ~I fllow~ble expen~ ~ de~n~ ~d s~ fo~ in ~. STAT. ~9 ~end~. No o~ ~ p~en~ ~-o~ or ~i~ of ~y ~nd~ o~er ~ ~bove~ ~ ~ p~d to or o~ behflf of ~ ~o~or~ ~ ~y comply or vendor A license fee not subjea to a waiver shall be paid to the City of Columbia Heights in the amount of $2~0 for Class A and Class B licenses and ~ for Cia.ss C and Class D licenses. License fees shall not b_~e proraled or r~fundable. If the orfanization is determined to be in violation of ~y of the ~ or conditions of this Resolution, any authorization hereunder previously ~amed to conduct said ~amblin~ activity, may be immediately suspended until such violation(s) iMare corrected. Any such determination of violation(s) .nd any suspension hereunder shall be made as foll~ow~,: At a meeting open to the public;, and After a minimum of 10 days notice to the organization; and After providin,~ the or~mi?adon with the opportunity to present its position .t said meeting; By a simple maioritv vote of the City Council. · passed this13th dayof May .... 1996. Offered by: Sturdevant Seconded by: Peterson Roll Call: Al I ayes Student, Council S~etary DATE INVOICE AMOUNT 32029 17-13/910 COLUMBIA HEIGHTS POST NO. Z30 V.F.W. CHARITABLE GAMBLING ACCOUNT (763) 788-860:~ 4446 CENTRAL AVENUE NE. COLUMBIA HEIGHTS, MN 55421 DATE- ~ -- T~-T~E OliI~ER I~ '/' I ~ DESCRIPTION [ CHECKNO. I ~' - ~0 ..... ~ ' ' _'- ~.n- / OLUMB G S POST N . ~ V.F.W. ,'0~0~,' ~:Oq~O00~: 50O,,,h?O0,' CITY COUNCIL LETTER Meeting of: November 10, 2003 AGENDA SECTION: Consent ~'~A ORIGINATING DEPT.: CITY MANAGER NO:--,, - ~ Community Development APPROVAL ITEM: Conditional Use Permit, Columbia Heights BY: Tim Johnson BV:~_.~/r / Rental DATE: November 3, 2003 NO: Case # 2003-1117, 5045 & 5065 51st Court Background: Columbia Heights Rental Center has purchased all three parcels on vacant land behind White Castle on 51st Court totaling 2 acres, but are only proposing to build an office/showroom facility on the south two parcels at 5045 & 5065 51st Court of approximately one-acre. Columbia Heights Rental will continue to operate in their current location until the new building is constructed in spring 2004.. The proposed Site Plan and design of the structure are consistent with the Zoning Ordinance and the newly adopted Columbia Heights Design Guidelines. This is a request for a Conditional Use Permit to allow for outdoor storage accessory to the new Columbia Heights Rental Center building. The designated outdoor storage area will be approximately 6,000 square feet and will be completely paved with rrnnimal lighting. The proposal is to construct an approximate 5,500 square foot retail and office showroom facility housing rental equipment. Along with this proposal, the project site has been designed to keep all outdoor storage to the rear of the building, facing east and out of view from Central Avenue and 51st Court. The applicants intend to install a 6-7 foot high privacy fence, along with additional trees and plantings to maintain an adequate buffer from adjacent properties and to shield outdoor storage items from view. Any items stored or displayed outdoors will be screened from view other than Rental Center vehicles. The rental center currently operates between the hours of 7 am and 6 pm, Monday through Saturday. In considering this request staff has reviewed and found the proposal to meet all required performance standards for outdoor storage areas as well as required Conditional Use Permit findings (see attached staff report). Action required by the City Council: · Approval of a Conditional Use Permit for outdoor storage. Recommendation: The Planning Commission at their November 4th meeting, reviewed and approved the Site Plan and recommended approval of the Conditional Use Permit for Columbia Heights Rental. Staffbelieves this proposal to be consistent with the goals and objectives of the General Business (GB) District, and the performance standards listed for outdoor storage. Recommended Motion: Move to approve the Conditional Use Permit for Columbia Heights Rental to allow for outdoor storage in conjunction with the primary business at 5045 & 5065 51st Court, as the use is consistent with the General Business District, and meets the required performance standards and required findings. COUNCIL ACTION: ,4ltachme~tx, 3?~qf Report: Site P. lan; Building Renderings Case: 2003~1116-17 Page: 1 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE #: DATE: TO: APPLICANT: LOCATION: REQUEST: 2003-1116-17 November 4, 2003 Columbia Heights Planning Commission Columbia Heights Rental; RJ R~n Construction 5045 & 5065 51st Court Site Plan Approval, Conditional Use Permit for outdoor storage Introduction: This is a request from R.J. Ryan and Columbia Heights Rental for Site Plan Review to construct a new facility on the vacant land behind White Castle on 51st Court, and a request for a Conditional Use Permit to allow for outdoor storage accessory to the business. Columbia Heights Rental Center recently purchased the vacant land behind White Castle on 51 st Court for the purpose of constructing a new rental center. They own all 3 vacant parcels which include 5045, 5065, st and 5075 51 Court totaling 2 acres, but are only proposing to construct on the south 2 parcels of 1.02 acres. They have proposed to build a new 5,500 square foot (40 X 136) retail and office showroom store housing equipment for rent. The plans are to construct a new facility fronting on 51st Court facing west that showcases design features consistent with the new Columbia Heights Design Guidelines. The proposed construction schedule from start to completion is approximately 4 months, beginning next spring. The current rental store hours are 7 am to 6 pm Monday through Saturday. The north floor plan of the facility is being designed to offer an office/showroom, with the rest of the building functioning as a party goods and industrial equipment storage area. The proposed site design will include an off-street parking facility on the north side of the building, which will also provide access to the rear loading and storage area via an access gate. There will also be a fenced-in paved area on the east side designated for outdoor towable storage items and operable Rental Center vehicles and equipment. There will be an access gate on the south side of the site to allow for vehicles and rental equipment to exit. These actions will be taken by the Planning Commission: · Motion on the Site Plan ~ Motion on the Conditional Use Permit Case History: The site has no pdor building history, and as such has always been a vacant parcel of land. In 1991 the City of Columbia Heights approved a site plan for a 2-story office complex, which was never built. Planning Considerations: Case: 2003-1116-17 Page: 2 Comprehensive Plan: The 2001 City Comprehensive Plan designates the property for future commercial use, which promotes commercial service development such as what is proposed. Zoning Ordinance: The Zoning Classification for the property is General Business. Offices, and retail sales and service businesses are permitted uses in this district. Outdoor Storage is allowed by conditional use. Highway District Design Guidelines The Columbia Heights Design Guidelines were created to guide developers and businesses in the design of expansions, renovations or new construction of buildings or parking within the Central Avenue and 40th Avenue commercial corridors, and to assist City officials and staff in reviewing development proposals. The guidelines are mandatory, but the City may permit alternative approaches that meet the objectives of the design guidelines. The design district that is applied to this site is the Highway District. The applicant has designed the site plan and elevations in harmony with the goals and objectives of the Columbia Heights Design Guidelines, even though as mentioned before, aren't officially adopted yet. 1) Building Placement Objective: To orient non-residential buildings toward the street in order to improve its walkability, while creating opportunities for more intemally-focused residential development. Nonresidential buildings should have a well-defined front fac,,ade with entrances facing the street. · The development meets this objective. The development features well-defined front, and side facades visible from 51st Court and Central Avenue. 2) Primary Fa(;ades and Roof Treatment Objective: Nonresidential or mixed-use buildings may be designed with flat or pitched roofs..The base or ground floor of the building should include elements that relate to the human scale, including texture, projections, doors and windows, awnings, canopies or ornamentation. · The development meets this objective. The building proposed has a fiat roof, with entries, a variety of pedestrian-friendly doors and windows, color variations, many canopies, and defined building texture that relate to the human scale and help to define the pdmary faqade. 3) Building Width and Fa(;ade Articulation Objective: To add visual interest and variety to ~buildings and emphasize the pedestrian scale. The primary fac, ades of buildings should be 40 ft. or more in width and should be articulated into smaller increments by following methods listed in the Design Guidelines to lessen apparent bulk. · The building facade has been broken up broken up through several techniques and meets this requirement. The facades are articulated in part through window and door openings, various textures including stamped aggregate finishes, and smooth troweled accent bands. The facades are also articulated around the entire building with burgundy canvas awnings, along with decorative light fixtures. Case: 2003-1116-17 Page: 3 4) 5) 6) 1) 8) Building Height Objective: To create increased sense of enclosure, diminish the perceived width of the street. Two and three story buildings are strongly encouraged. All buildings shall have a minimum cornice height of 22 feet. This height is adequate to achieve the building height objective, conveying a multi-story appearance even if the building has only one occupied floor. · The building is one story in height. The cornice height will actually be 24 feet at the northwest entry point, but will achieve a consistent cornice height of 22 feet around the building and will have the appearance of a two-story building. Transparency - Window and Door Openings Objective: To reflect the character of existing storefront commercial buildings, enliven the streetscape and enhance security by providing views into and out of buildings. For commercial or office uses, a minimum of 20 percent of primary (street facing) faCades and 15 percent of any two side or rear facades shall consist of window and door openings as specified in the guidelines. · The proposed building contains entries, doors and windows along the front, side and rear facades that meet this requirement. The window shape, size and pattems emphasize the organization of the facade and the definition of the building. Entries Objective: To establish the visual importance of the primary street entrance, and to ensure that entdes contribute to the visual attractiveness of the building and are readily visible. For nonresidential buildings, primary building entrances should face the primary abutting public street or walkway, or be linked to that street by a clearly defined and visible walkway or courtyard. Additional secondary entrances may be oriented to a secondary street or parking area. Entries shall be designed with a variety of attractive features. · The building meets the objectives as the building provides two entrances, one facing 51st Court and the other facing the off-street parking lot. The entry features a raised parapet, display windows, and canvas awnings. Rear Fa(;ade and Entries Objective: To improve the appearance of rear fagades, orient customers parking or walking to the rear of buildings, and provide safe and convenient access to all building entrances. · The rear entry has been designed with a canvas awning and meets this requirement. Building Materials Objective: To ensure that high-quality, durable and authentic building materials are used. All buildings should be constructed of high-quality materials, including the following: brick; natural stone; precast concrete units and concrete block, provided that the surfaces are molded, serrated or treated with a textured material in order to give the wall surface a three-dimensional character; stucco; jumbo brick, and EIFS. Buildings 100 feet or more in width shall employ at least two masonry types or colors on the pdmary fa~:ade. · The building will be constructed of a precast Fabcon material with an aggregate finish. The applicant has proposed a new product type stamped aggregate finish in two complementary co/ors that give the wall a textured look and achieve a three-dimensional character. Staff believes this to be a design that meets the objectives and intent of the guidelines. The primary facade is proposed with two masonry co/ors; an off-white and plum finish. 9) Rooftop Equipment Objective: To ensure that views of rooftop equipment from public streets Case: 2003-1116-17 Page: 4 or pedestrian ways are minimized. All rooftop equipment shall be screened from view from adjacent streets, public rights-of-way and adjacent properties. Preferably, rooftop equipment should be screened by the building parapet, or should be located out of view from the ground. · Any rooftop equipment will be designed in accordance with this requirement. The cornice height will be approximately 4 feet higher than the actual roof line which will be sufficient for screening any mechanical rooftop units. ~o) Building Colors Objective: To ensure that building colors are aesthetically pleasing and compatible with their surroundings. Building colors should accent, blend with, or complement surroundings. Principal building colors should consist of subtle, neutral or muted colors with Iow reflectance. Warm-toned colors are encouraged. No more than two principal colors may be used on a fa(~ade. Bright or primary colors should be used only as accents, occupying a maximum of 15 percent of building faqades. · The building meets this requirement. Warm-toned plum and off-white colors are the primary colors proposed for the front and side faqades. A smooth trowel rose colored accent band is featured on the front faqade. 11) Architectural Detailing Objective: To encourage new building design that echoes the design of the few iconic buildings that remain in Columbia Heights - notably the Heights Theater-while enlivening building faCades and contributing to a human-scaled environment. Architectural details such as omamental cornices, arched windows and warm-toned brick with bands of contrasting color are encouraged in new construction. The contemporary adaptation of histodc and vernacular residential, institutional and commercial styles found in Columbia Heights and in Northeast Minneapolis is encouraged. · The building meets this requirement as the building is designed with warm-toned and contrasting colors and architectural detailing. 12) Awning Objective. To encourage the use of awnings as a way to shelter customers, reduce glare and conserve energy, and provide additional accent color to building facades. Where awnings are desired, canvas or fabdc awnings should be used, rather than wood or metal. · Red Canvas awnings are featu'red on all the building elevations and meet this requirement. 13) 14) Parking Location Objective: To ensure than buildings, rather than parking lots dominate the appearance of the streetscape. · Parking for the building is proposed on the north side and is set behind the building faqade so as to soften the paved area in accordance with these requirements. Parking Area Screening Objective: To soften the appearance of parking areas when viewed from an abutting street or sidewalk and to screen parking areas from residential yards. Parking areas adjacent to public streets or sidewalks shall be screened with a combination of landscaping and decorative fencing or similar features to screen parked cars. · The landscape plan proposes a combination of trees, shrubbery, and decorative fencing that meets this requirement, and also provides necessary screening from adjacent residential properties. 15) Placement and Screening of Service, Loading and Storage Areas Objective: To screen views Case: 2003-1116-17 Page: 5 of service and loading areas, and to ensure that the noise impacts of these functions are fully contained and not audible from surrounding streets and properties. Screening must be provided in accordance with the Zoning Ordinance. · The 6-foot high fence and the landscape screening proposed meet this requirement.. 16) Signage Objective: Signs should be architecturally compatible with the style, composition, materials, colors and details of the buildings and with other signs on nearby buildings. Signs should be an integral part of the building design. · According to the Developer, wall signage is proposed on the west building faqade. Plans for signage must be submitted to City Staff for review and approval to confirm that the signage meets the Design Guidelines and Zoning Ordinance requirements. 17) Lighting Objective: To ensure that safe and attractive lighting levels are provided around all buildings and parking areas, without excessive glare or brightness. Exterior lighting should be the minimum necessary for safety and security. Lighting should be designed to coordinate with building architecture and landscaping. Building mounted fixtures compatible with building fa(;ades are encouraged. · The Developerhas submitted a site lighting plan showing the concentrations and location of site lighting in accordance with City requirements. Complementary building mounted fixtures are proposed. Non-residential building/parking setbacks: · Minimum front yard building setback is 15 feet; The proposed building meets this requirement as it is 15 feet from the property line. While the building foundation is set back at 15 feet, the ordinance allows for architectural features such as awnings to be p/aced in the setback areas. Minimum rear yard building setback is 20 feet; The proposed building meets this requirement, as it is 55 feet from this property line. Minimum side yard building setback is 0 feet; The proposed building meets this requirement, as it is more than 50 feet from either side property lines. Minimum parking setbacks are 15 feet from the front and 5 feet from the side and rear property lines; Off-street parking proposed meets City requirements as parking is located 15 feet from the front property fine, 5 feet from the side property line, and 15 feet from the rear property line. Parking area requirements: Minimum requirements for office/showroom are one space per every 300 square feet of gross floor area; Outdoor storage requires one space per 3,000 square feet; The site plan shows 22 off-street parking spaces proposed, with the requirement being 19. There is one handicapped space shown which meets accessibility requirements. The parking lot will be accessible from 51~t Court, and as mentioned will feature a 6-foot high chain-link fence with privacy slats to conceal the outdoortowable storage area. It should be noted that the lighting plan for the parking and storage areas submitted provides details on the footcandle measurements. These measurements meet the City requirements for lighting intensity. In addition, the site plan shows an outdoor propane tank and related equipment in the northeast corner of the parking lot. In accordance with safety guidelines, the propane tank will be Case: 2003-1116-17 Page: 6 protected by steel bollards spaced accordingly around the equipment. There are no screening guidelines required for propane tanks, however the landscaping plan and decorative fencing proposed will help to minimize this necessary site feature. However, propane tanks are required to be a minimum distance of 25 feet from adjacent structures, which this site plan accomplishes. Landscaping/screening: The site plan proposal also includes a landscaping plan, which provides details on plant and tree numbers, locations, and species. The ordinance requires a minimum of one tree for every 50 feet of street frontage, or a minimum of 4 trees for every one-acre of lot area covered by buildings, parking area, etc. The site requires 11 trees per landscape standards. The Design Guidelines also require that parking areas adjacent to public streets or sidewalks be screened with a combination of landscape matedal and decorative fencing sufficient to screen parked cars. The landscaping plan includes 25 trees consisting of maple, spruce, and crab varieties. In addition, a variety of shrubbery, rock mulch, and sod is proposed for groundcover, as well as a landscaped curb island designed to break up the parking lot area. The plan proposed exceeds minimum City landscaping standards. The trees, shrubbery and decorative fencing proposed along 51st Court as you enterthe parking lot will provide a nice screening feature. In addition, the non hard-surface areas on the project site will be sodded and mulched, and an underground irrigation system will be installed for afl sod and planting areas. It should also be mentioned that because of proximity to the proposed fence and changing elevations on site, it is anticipated that all or most of the existing trees on the east side of the site ~11 have to be removed. The contractor will make every effort to save existing trees, but this may not be feasible. However these trees will be replaced by additional plantings such as Colorado Blue Spruce and Flowering Crab varieties that will be consistently spaced as a vegetative bufferalong the easterly property line. Access; Grading/Drainage; Water~Sewer Issues: The proposed building will be served by Central Avenue but specifically by 51st Court, which should provide for adequate ingress and egress. The existing roadway system is sufficient to handle anticipated traffic flow related to the site. City Engineer Kevin Hansen has also reviewed the site plan and grading/drainage and utility plans submitted with his comments (see attached memo). The applicants have submitted a plan which directs the stormwater and impervious surface runoff to an on-site pond and away from adjacent properties. The City Engineer has indicated that the plans proposed are adequate, with some minor changes to be made before excavation and building permit review. The Fire Department has also reviewed and approved the plans with no concerns. PerfOrmance Standards - Outdoor Storage Areas: · Outdoor storage area shall be accessory to a commercial or industrial use. The outdoor storage area proposed is an accessory part of the rental center business. Outdoor storage within the public dght of way is prohibited. The outdoor storage area will not impact the public right of way. All outdoor §torage areas shall meet the setback requirements for a principal structure in the zoning distdct in which the use is located. The outdoor storage area meets all the required setbacks from property lines. Case: 2003-I 116-17 Page: 7 · Outdoor storage areas shall be located in rear or side yards behind the front building line of the principal structure. The outdoor storage area is/ocated beh/nd the bu//d/ng //ne facing 51st Court and continues around to the rear of the building. · The storage area shall be fenced and screened from adjacent uses and the public right- of-way. Required screening shall consist of a fence, wall, berming, and/or vegetation no less than 6 feet in height and no less than 80% opaque on a year round basis. The proposed outdoor storage area will be screened by a 6 foot high chain4ink fence with pdvacy slats that will achieve the desired opacity, and will be complemented by additional plantings to provide a landscape buffer. · All goods, materials and equipment shall be stored on an impervious surface. All outdoor storage and driving areas are proposed to be paved. · All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. The storage and pick-up area provides ample space to meet this requirement. · The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. The 6-foot high p#vacy fence along with the proposed vegetation and plantings will achieve the objective of concealing outdoor storage items other than operable truck and equipment rental. Conditional Use Permit Required Findings: The Zoning Ordinance requires that certain findings are necessary in order to determine if outdoor storage meets the identified standards from the zoning ordinance. These standards are: · The use is one of the conditional uses listed for the zoning distdct in which the property is located; Outdoor storage is listed as a conditional use in the GB Dist/ict. The use is in harmony with the general purpose and intent of the Comprehensive Plan; Retail and office/showroom uses and their accessory storage are allowed in the GB District. · The use will not impose hazards or disturbing influences on neighboring properties; The accessory outdoor storage proposed will be screened with both fencing and plantings so as to provide an appropriate buffer from 'adjacent residential proPerties. · The use will not substantially diminish the use of property in the immediate vicinity; The accessory outdoor storage proposed should not have the effect of substantially diminishing adjacent uses of property. · The use will be designed, constructed, operated and maintained in a mannerthat is compatible with the appearance of the existing or intended character of the surrounding area; The accessory storage proposed will be appropriately fenced/screened with plantings that should blend in with the existing character of the dist#ct, and should not ~ negatively impact the existing character of the vicinity. The p/operty has always been zoned for commercial use and as such meets the intent of the district guidelines. The outdoor storage proposed for the site includes towable items and rental trucks. Only rental trucks would be visible from adjacent properties. Aisc, the facility Mil continue to operate under similar hours, which are typically 7 am to 6 pm, Monday through Saturday. The use and property upon which the use is located are adequately served by essential public facilities and services; The property is currently served by adequate public roadways and necessary City uttTities. Case: 2003-1116-17 Page: 8 Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic; The proposed Columbia Heights Rental Center office/showroom should not generate excessive traffic that the existing 51st Cou~t roadway system can,t handle. · The use will not cause a negative cumulative effect on other uses in the immediate vicinity; As indicated by p#or descriptions, the proposed office/showroom and related accessory storage area should not have a negative impact on other uses in the immediate vicinity. Because the site is located a block east of CentBI, and is located behind White Castle, the site Mil be more sheltered from passerby, but will be partially visible from Central Avenue. · The use complies with all other applicable regulations for the distdct in which it is located; As determined by staff, the use complies with the applicable regulations of the General Business District and Design Guideline Overlay District. Site Plan Review Required Findings: The Zoning Ordinance requires that certain findings are necessary before approving a site plan: · The site plan conforms to all applicable requirements of this Ordinance; Perstaff review, the site plan meets all applicable requirements of the GB Dist#ct. · The site plan is consistent with the applicable provisions of the City's Comprehensive Plan; The proposed use is compatible with the future commercial land use designation for this parcel · The site plan is consistent with any applicable area plan; The proposed use is compatible with all City plans and guidelines forthis district. · The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way; There are no anticipated adverse impacts of the proposed facility on the adjacent area. CONCLUSION Recommendation: Staff recommends approval of the Site Plan proposal and CUP for Columbia Heights Rental to construct a new 5,500 square foot structure with outdoor storage on the property at 5045 and 5065 51st Courl:. Recommended Motions: This recommendation consists of two motions: Mov~ to approve the Site Plan for Columbia Heights Rental for a 5,500 square foot facility, on the properties at 5045 and 5065 51st Court, as the Site Plan meets required findings and subject to the following conditions of approval that have been found necessary to ensure compliance with the requirements of the Zoning and Development Ordinance: All required .state and local codes, permits, licenses and inspections will be met and in full compliance, Final review and approval of grading/drainage, utility plans by City Engineer and Fire Chief. Case: 2003-1116-17 Page: 9 3. Approved landscaping and screening shall be installed in conjunction with site development and pdor to issuance of a final certificate of occupancy. Cash escrow of $1,500 shall be submitted for engineering inspection and erosion control. The approval of the Site Plan shall be valid for a pedod of one year. Move to recommend City Council approval of a Conditional Use Permit for Columbia Heights Rental to allow for outdoor storage in conjunction with the primary business at 5045 and 5065 51st Court as the requested Conditional Use Permit for outdoor storage meets all required performance standards and required findings. Attachments: Site Plan; Grading Plan, Landscaping Plan; Elevation Drawings; PW Memo; Applicant Narrative; Applications Performance Standards - Outdoor Storage Areas: Zoning Ordinance · Outdoor storage area shall be accessory to a commercial or industrial use. The outdoor storage area proposed is an accessory part of the rental center business. · Outdoor storage within the public right of way is prohibited. The outdoor storage area will not impact the public right of way. · All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. The outdoor storage area meets all the required setbacks from property lines. · Outdoor storage areas shall be located in rear or side yards behind the front building line of the principal structure. The outdoor storage area is located behind the building line facing 51s~ Court and continues around to the rear of the building. · The storage area shall be fenced and screened from adjacent uses and the public right-of-way. Required screening shall consist of a fence, wall, berming, and/or vegetation no less than 6 feet in height and no less than 80% opaque on a year round basis. The proposed outdoor storage area will be screened by a 6 foot high chain-link fence with privacy slats that will achieve the desired opacity, and will be complemented by additional plantings to provide a landscape buffer. · All goods, materials and equipment shall be stored on an impervious surface. All outdoor storage and driving areas are proposed to be paved. · All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. The storage and pick-up area provides ample space to meet this requirement. · The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. The 6-foot high privacy fence along with the proposed vegetation and plantings will achieve the objective of concealing outdoor storage items other than operable truck and equipment rental. Conditional Use Permit Required Findings: The Zoning Ordinance requires that certain findings are necessary in order to determine if outdoor storage meets the identified standards from the zoning ordinance. These standards are: · The use is one of the conditional uses listed for the zoning district in which the property is located; Outdoor storage is listed as a conditional use in the GB District. · The use is in harmony with the general purpose and intent of the Comprehensive Plan; Retail and office/showroom uses and their accessory storage are allowed in the GB District. · The use will not impose hazards or disturbing influences on neighboring properties; The accessory outdoor storage proposed will be screened with both fencing and plantings so as to provide an appropriate buffer from adjacent properties. · The use will not substantially diminish the use of property in the immediate vicinity; The screened accessory outdoor storage proposed should not have the effect of substantially diminishing adjacent uses of property. · The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area; The accessory storage proposed will be appropriately fenced/screened with plantings that should b/end in with the existing character of the district, and should not negatively impact the existing character of the vicinity. The property has a/ways been zoned for commercial use and as such meets the intent of the district guidelines. The outdoor storage proposed for the site includes towable items and rental trucks. Only rental trucks would be visible from adjacent properties. Also, the facility will continue to operate under sim#ar hours, which are typically 7 am to 6 pm, Monday through Saturday. The use and property upon which the use is located are adequately served by essential public facilities and services; The property is currently served by. adequate public roadways and necessary City utilities. · Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic; The proposed Columbia Heights Rental Center office/showroom should not generate excessive traffic that the existing 51st Court roadway system can't handle. · The use will not cause a negative cumulative effect on other uses in the immediate vicinity; As indicated by prior descriptions, the proposed office/showroom and related accessory storage area should not have a negative impact on other uses in the immediate vicinity. · The use complies with all other applicable regulations for the district in which it is located; As determined by staff, the use complies with the applicable regulations of the General Business District and Design Guideline Over/ay District. C OLUMBIA H E I G H T_S RENT AL OWNER ARCHITECT COLUMBIA LA M PERT H EIGHTS R [ N T AL ARCHITECTS 2901 Central Ave. 158'~7 NE Lir~coln Si. Columbia Heights. MN 55421 Ham Lake. lan §§504 Phone: . : '. / / "~ ) I~ ~ ~ll ¢"- ..... ,...4/' l! r ........ n~: i ~ / ~ ~x - ~ I I ~ - RENTAL ~"~ ~ ~ I I I . :~1 '. :~ ~ : =: .J .i i~ ) I F ....... I :o q ~CC!SS~L[ S~LL : : ~ .... S~ & ~,--,;-o- PROFILE (PROPANE TANK DIMENSIONS NOI~TH ,/"g"~ VI ClNI TY MAP ~ NOT TO $CAJ.IF CONTRACTOR SURVEY CIVIL ENGINEER ENGINEER RJRYAN CONSTRUCTION liDO Mendota Heights Rd Mendofa Heights, lan 55t20 Phone: 6.51-681-O200 /--- 8ACXRLL W/ /GOQO SU~G~AOE ~ AGGREGATE G B6/12 CONCRETE CURB NOT TO SCAthE G 6" BOLLAR0 DETAIL SCAJ~: 1/2' - E.G. RU D &: SONS INC. 9180 Lexington Ave. NE Circle Pines, MN ,55014 Phone: 763.-786-5556 "] G ACCESSIBLE CURB CUT SC.'~: ~/~" - t'-~' 5'-O' CURB W/ CONC. SI~CLWAY PLOWE ENGINEERING 9180 Lexington Ave. NE Circle Pines. MN ,55014 Phone: 765-785-1045 STROH ENGINEERING 1128 Sibley Memorial Hwy. Mendofa Hgts,. lin 55118 Phone: 651-454-9455 T00O GAL PROPANE rO~ 01Uf;NS~ONS ~ ACCESS G*~: PROPOSED BUILDING ~ (~) E~"t. OYEE 5,489 S.F. P~.~K~G ST~_L$ ROOf' 40'-2' ACCESS GATE 6'-0' AP~OX NBg'35'I~J'E GSI TE PLAN SCALE;' 'ti' ' 20'-0' '1 II L'AM P E RT ARCHITECTS Ham Lake, V,N 55504, III ARC~'IIT~C T CF.R T~FICA '~ ON: RjRyan Construction, Inc. SITE PLAN Sheet Number A1 Project No. 030819~! I'YP~CAL TOP 0F 177 S.F./821 S.F.. 21.6~ C.ASS · 15X REQUIRED ............ ~-:.;;-~,~ .....  NORTH ELEVA~ON ~ -- 124'-0- ~C~VAS A~ ~A~ 8Y OL '~ · ~ .~ ~ ~ ~ · ~ .~ H ~-. ~.~ H~ U~T~,X~(4 .............. ~i. '~.". ' · V"--~' ~[ ' , '] PECAiT P~EL- ~'x~' i ' :' :. . r' '::' ..."- ~{:: ''::-: ..... " "":::] : I ST~P PAT~RN ' ! ' :~:': · ''''':' .' [ : '.-.~;:::'=::::::' ~ ~:..,-- .... i ' ':'':'i ' I C~ ~2 ::::. :~..:.:. ~ . :. ..::..:. ., ~ ...... .... X :-1 ~o~ ........ ' '--,' · ~~ ' ~ I '~ ' F I /~;~~:~ !' :':' ' :':':""" ~ '~ . .::~?~F~:~: 7~:'''-= :.~:;=-t _ ~ ~.~ &::::J:::::k-:: .......... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ - sT-i- ~ ...... ~ ...... [ ..................................................................... ', ANo~z[o Au. aa.~ mA~s /'~ WEST ELEVATION ~ sc~e ,/a- - "-o' SOUTH ELEVATION 1/8' - I'-O' 113 S-F./705 $.F. - 16.1:~ CLASS ~SITE UGH 11NG S~£ S~(ET L1 .................. :_::2-~:::::: :::::::::::::::::::::::::::::::::::::::::::::::::: ......::::::::::::::::::::::::::::::::: ....:::::::::::::::::::::::::::::::::::::::::: ................ (~ EAST ELEVATION LAMP[ET ARCHITECTS Hem Lake, UN 55504 III ARO.III~CT C[R 11FICA I10N: (Sql) 6al - o2.,~ R~Ryon ConstrucUon. Inc. < Checked BF I.L/UaL ELEVATIONS Sheet Number A3 Project No. 0,10819-1 CITY COUNCIL LETTER Meeting of: November 10, 2003 ORIGINATING DEPT.: CITY MANAGER AGENDA SECTION: ~-'--A ~ License Department APPROVAL NO: ,.. ITEM: License Agenda BY: Shelley Hanson ~~ DATE:~,~ NO: DATE: Nov. 6, 2003 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the November 10, 2003 City Council meeting. This agenda consists of applications for Contractor licenses for 2003. Also included on the agenda are the renewals for calendar year 2004 that have been received and approved to date. These include renewals for fuel dispensing devices, off sale beer, a transient merchant license for dates in 2003 and 2004 as noted. Also listed on the agenda is the renewal of a Currency Exchange License for Kwik Cash at 4639 Central Ave. This type of business is actually licensed by the State of MN. However, pursuant to MN Statute 53A.04, the State is required to submit the application to the governing body of the municipality in which the business operates. The law further requires the governing body of the municipality to render a decision regarding the renewal of the license within 60 days. I forwarded this application to the Police Department, and they see no reason to deny the renewal of this license. 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 November 10, 2003 as presented regarding the new licenses for 2003 and the renewals for 2004. COUNCIL ACTION: TO CITY COUNCIL November 10, 2003 *Signed Waiver Form Accompanied Application 2003 BUSINESS LICENSE AGENDA BLDG CONTRACTORS LICENSES Penn Contracting Inc. 13025 Central Ave, Blaine *R Gilpin Plumbing Inc. 321 2nd St W, Jordan *Moundsview Plumbing Inc dba Engberg Plumbing 3030 Co Rd J, Moundsview *Krinkie Heating & AC 87 E County Rd B, St Paul *Hokanson Plumbing & Htg 9174 Isanti St NE, Blaine $50.00 $50.00 $50.00 $5O.OO $50.00 ****LICENSES FOR 2004**** FIRE GAS DISPENSING DEVICES Lowell's Auto Repair 4457 University Ave $100.00 POL, FIRE, BLDG, ZA OFF SALE BEER *Speedway Superamerica 5000 Central Ave NE $150.00 POLICE TRANSIENT MERCHANT *Froelich Tracking 312 Cora St, JohnsOn Crk, WI To sell fruit at Mady's for 5 days 11/20/03, 12/11/03 and 1/8/04, 2/12/04 and one day in July 2004 (TBD) $250 POLICE CURRENCY EXCHANGE LICENSE RENEWAL *Kwik Cash 4639 Central Ave NE STATE LIC. CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: hl~lb~3003 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Cheek Number 10~lag:~ through [0~ft~,~, in the amount of $ ~ ~.7,0[~ .~e~ . These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. ACS FIN~CIAL SYSTEM CITY OF COL~BIA HEIGHTS 11/07/2003 09:07:30 Check History GL050S-V06.55 COVERPAGE GL540R * *** C 0 U N C I L *** * * *** C 0 U N C I L *** * * *** C 0 U N C I L *** * * * * * C 0 U N C I L * * * * Report Selection: Optional Report Title ....... 11/10/03 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates ......... Journal Entry Ids. Check Number ................ Pro~ect ..................... Vendor. Invoice ..................... Purchase Order .............. Bank ........................ Voucher .................... Released Date ............... Cleared Date ................ thru thru thru thru 105683 thru 105866 thru thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL 02 P4 Y S 6 066 10 Y Y ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS C~eck History GL540R-V06.55 PAGE 1 11/07/2003 09 11/10/03 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT AMERICAN BOTTLING COMPAN ARCTIC GLACIER AT & T CONSUMER LEASE BELLBOY BAR SUPPLY BELLBOY CORPORATION BERG/GORDON BRADLEY REAL ESTATES INC CENTER POINT ENERGY MINN CHISAGO LAKES DISTRIBUTI CITY WIDE WINDOW SERVICE COCA-COLA BOTTLING MIDWE COLUMBIA HEIGHTS I COOKE CO/J P EAST SIDE BEVERAGE CO FRITZ COMPANY INC G & K SERVICES GENUINE PARTS/NAPA AUTO GLENWOOD INGLEWOOD GLOVER/ERIN GRIGGS-COOPER & CO GROSSE~PAUL HACHEY/BRIAN HOHENSTEINS INC JOHNSON BROS. LIQUOR CO. KUETHER DIST. CO. LARKIN/JOHN LITIN PAPER COMPANY MC KERNON/CHAR MN POLLUTION CONTROL AGE MOELLER/KAREN OTTNEY/LEANN PAUSTIS & SONS PHILLIPS WINE & SPIRITS PLUNKETT'S, INC QUALITY WINE & SPIRITS QWEST COMMUNICATIONS QWEST DEX SCHLEISMAN/JULIE UNIVANCE - ACCTS RECEIV VERMA/RAVI WINE MERCHANTS WORLD CLASS WINE XCEL ENERGY (N S P) WELLS FARGO - PAYROLL AC AMERICAN BOTTLING COMPAN ANOKA COUNTY LICENSE BUR ARCTIC GLACIER 105683 64.65 105684 475.72 105685 47.82 105686 186.08 105687 4,670.69 105688 168.50 105689 11,337.87 105690 3,222.12 105691 2,082.85 105692 17.04 105693 801.90 105694 5,441.29 105695 51.01 105696 17,892.80 105697 1,070.48 105698 68.61 105699 5.13 105700 76.75 105701 235.00 105702 6,625.87 105703 165.08 105704 75.00 105705 290.75 105706 39,567.97 105707 92,137.05 105708 2.86 105709 98.20 105710 30.00 105711 270.00 105712 140.76 105713 84.96 105714 3,334.38 105715 42,709.84 105716 89.67 105717 13,418.90 105718 165.92 105719 155.30 105720 222.20 105721 43.17 105722 30.00 105723 1,422.14 105724 1,851.63 105725 15,894.69 105726 201,066.93 105727 347.75 105728 1,961.07 105729 501.36 ACS FINANCIAL SYSTEM 11/07/2003 09 Check History 11/10/03 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT BELLBOY BAR SUPPLY BELLBOY CORPORATION BLOWERS/CAROLE BRYNJULFSON/DEBRA CHISAGO LAKES DISTRIBUTI CLASSIC CATERING DUGDALE/MARY ESCHELON G & K SERVICES GENUINE PARTS/NAPA AUTO GREATER METROPOLITAN HSG GRIGGS-COOPER & CO JOHNSON BROS. LIQUOR CO. KETCHLTM/KENTON LEAGUE OF MINNESOTA CITI MARKHAM/MATTHEW MEDICINE LAKE TOURS METROCALL - ATT MESSAGIN MN DEPT OF ADMINISTRATIO OVERMOHLE/JOSH PETTY CASH - KAREN MOELL PITNEY BOWES LOUISVILLE QWEST COMMUNICATIONS REYNOLDS/NICK VERIZON WIRELESS WINDSCHITL/KEITH XCEL ENERGY (N S P) AAA WHOLESALE ABRA AUTO BODY ACE HARDWARE ADAM'S PEST CObVfROL, INC AMERICAN WATER WORKS ASS AMERIPRIDE ANOKA COUNTY SHERIFFS DE ANOKA CTY - CENTRAL COMM ASPEN MILLS, INC. ASPEN PUBLISHERS INC BAKER & TAYLOR BAKER & TAYLOR ENTERTAIN BATTERY CITY INC BAUER BUILT TIRE & BATTE BIFF'S,INC. BLUEMELS TREE SERVICE BOOK WHOLESALERS INC BOYER TRUCK PARTS BRODART BUILDING FASTENERS CHECK NUMBER 105730 105731 105732 105733 105734 105735 105736 105737 105738 105739 105740 105741 105742 105743 105744 105745 105746 105747 105748 105749 105750 105751 105752 105753 105754 105755 105756 105757 105758 105759 105760 105761 105762 105763 105764 105765 105766 105767 105768 105769 105770 105771 105772 105773 105774 105775 105776 CITY OF COLUMBIA HEIGHTS GL540R-V06.55 PAGE 2 AMOUNT 76.27 10,197.11 42.34 250.00 2,703.20 250.00 77.16 151.42 30.07 184.08 30,000.00 75,481.38 69,728.40 239.13 180.00 160.00 2,025.00 84.07 496.67 56.06 197.51 217.25 150.13 89.37 27.64 5.02 50.28 135.00 474.00 483.33 66.56 124.00 52.78 127.80 122.54 637.00 244.68 727.69 16.80 158.73 395.27 426.37 18,494.68 69.42 302.54 14.76 52.59 ACS FINANCIAL SYSTEM 11/07/2003 09 BANK VENDOR BANK CHECKING ACCOUNT CATCO PARTS SERVICE CINTAS FIRST AID-SAFETY CITY WIDE LOCKSMITHING COLUMBIA PARK MEDICAL GR CONNELLY INDUSTRIAL CONSTRUCTION ENGINEERING COORDINATED BUSINESS SYS D.A.R.E. AMERICA D&D INSTRUMENTS INC. DANKA DANKA OFFICE IMAGING DAVIES WATER EQUIPMENT C DEHN OIL DEMCO DLT SOLUTIONS EMP FASTENAL COMPANY FINGERPRINT AMERICA FIRST STUDENT INC FLEX COMPENSATION, INC FOLKMANIS INC G & K SERVICES GALE GROUP/THE GENERAL BOOK COVERS GENERAL REPAIR SERVICE GENUINE PARTS/NAPA AUTO GOODIN CO. GOPHER BEARING COMPANY H.W. WILSON CO. HAPPEL DBA PLANSIGHT/JER HEIGHTS ELECTRIC INC. IKON OFFICE SOLUTION INFRATECH INSTRUMENTAL RESEARCH IN INTEGRATED LOSS CONTROL JINDRA/PATRICIA JUSTICE PLANNING & MGMT KENNEDY & GRAVEN LOFFLER BUSINESS SYSTEMS LUBE-TECH LYLE SIGNS INC MAC QUEEN EQUIPMENT CO. MCM'S LAMP RECYCLING MCQUIRE & SONS INC MEDTRONIC PHYSIO CONTROL MENARDS CASHWAY LUMBER-F METROCALL - ATT MESSAGIN · C~eck History 11/10/03 COUNCIL LISTING CHECK NUMBER 105777 105778 105779 105780 105781 105782 105783 105784 105785 105786 105787 105788 105789 105790 105791 105792 105793 105794 105795 105796 105797 105798 105799 105800 105801 105802 105803 105804 105805 105806 105807 105808 105809 105810 105811 105812 105813 105814 105815 105816 105817 105818 105819 105820 105821 105822 105823 CITY OF COLUMBIA HEIGHTS GL540R-V06.55 PAGE 3 AMOUNT 20.00 137.41 99.00 2,521.32 7,807.46 1,262.75 31,784.82 2,969.05 101.60 270.00 39.53 524.83 9,885.45 226.91 1,529.60 699.75 23.60 345.95 409.39 152.25 436.15 386.60 21.26 238.80 295.98 287.23 530.10 88.52 99.75 5,788.80 906.55 155.79 2,685.00 140.00 306.00 70.00 175.00 2,137.50 328.27 63.79 922.20 388.95 566.75 59.00 197.78 515.61 239.80 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 11/07/2003 09 Check History GL540R-V06.55 PAGE 4 11/10/03 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT MIDWAY FORD MIDWEST ASPHALT CO. MINNEAPOLIS OXYGEN CO. MINNEAPOLIS SAW CO. MINNESOTA D.A.R.E.,INC MINNESOTA DARE OFFICERS MN DEPT OF ~kDMINISTRATIO MN DEPT OF TRANSPORTATIO MN RURAL WATER ASSOC MURZYN JR/DONALD J NATIONAL INSTITUTE OF P NORTHERN TOOL & EQUIPMEN 0 ' GARA/ANDREW OFFICE DEPOT ORIENTAL TRADING COMPANY ORKIN PHYSICIANS DESK REFERENC PROFESSIONAL SERVICES RADIO SHACK REED BUSINESS INFORMATIO RESOURCE DOCUMENTS & ADV RON KASSA CONSTRUCTION ROSANDER/MEL I S SA SCHINDLER ELEVATOR CORP SECURITY FENCE & CONSTRU SHORT ELLIOT HENDRICKSON SKB STATE TREASURER BLD STREICHER'S GUN'S INC/DO SUBWAY SANDWICHES & SALA SUPERIOR FORD INC. TEE' S PLUS TELEPHONE ANSWERING CENT TRUGREEN CHEMLAWN UNION WELDING & MACHINE VAN-O-LITE VERIZON WIRELESS WANLS ENTERPRISES WW GRAINGER, INC XCEL ENERGY (N S P) ZAHL EQUIPMENT ZEP MANUFACTURING COMPAN ASPEN PUBLISHERS INC 105824 266.90 105825 1,084.33 105826 56.32 105827 20.62 105828 222.50 105829 260.00 105830 37.00 105831 85.00 105832 205.00 105833 35.00 105834 145.00 105835 70.26 105836 55.00 105837 704.16 105838 147.71 105839 55.40 105840 59.95 105841 88.16 105842 43.11 105843 140.14 105844 319.50 105845 21,056.47 105846 290.00 105847 2,080.08 105848 476.00 105849 3,252.00 105850 81.20 105851 285.90 105852 929.78 105853 140.45 105854 29,701.00 105855 295.21 105856 104.40 105857 1,477.17 105858 79.88 105859 28.60 105860 348.28 105861 382.76 105862 370.97 105863 142.64 105864 175.64 105865 286.43 105866 194.66 832,018.29 *** ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 11/07/2003 09 . Check History GL540R-V06.55 PAGE 5 11/10/03 COUNCIL LISTING BANK VENDOR REPORT TOTALS: CHECK NUMBER AMOUNT 832,018.29 RECORDS PRINTED - 001345 ACS FINANCIAL SYSTEM 11/07/2003 09:07:32 FUND RECAP: FUND DESCRIPTION 101 GENERAL 201 COMMUNITY DEVELOPMENT FUND 203 PARKVIEW VILLA NORTH 204 ECONOMIC DEVELOPMENT AUTH 212 STATE AID MAINTENANCE 213 P~KVIEW VILLA SOUTH 235 RENTAL HOUSING 240 LIBRARY 261 TWENTY-FIRST CENTURY GRANT 265 CONFISCATED/FORFEITED PROP 270 DARE PROJECT 401 CAPITAL IMPROVEMENTS 405 DOWNTOWN MAINTENANCE 415 CAPITAL IMPROVEMENT - PIR 420 CAP IMPROVEMENT-DEVELOPMENT 431 CAP EQUIP REPLACE-GENERAL 601 WATER UTILITY 602 SEWER UTILITY 603 REFUSE FUND 604 STORM SEWER UTILITY 609 LIQUOR 701 CENTRAL GARAGE 720 DATA PROCESSING 880 PERMIT SURCHARGE 883 CONTRIBUTED PROJECTS-GEN 885 ESCROW 887 FLEX BENEFIT TRUST FUND TOTAL ALL FUNDS Check History DISBURSEMENTS 58,007.62 24.26 6,605.90 169.34 2,000.87 2,649.04 27.65 9,387.48 557.10 368.44 3 746.76 24 357.61 2 521.32 31 262.75 2 280.14 39 669.17 3 469.53 11 515.98 566.75 472.84 409,321.27 15,089.73 165.08 285.90 487.78 206,855.73 152.25 832,018.29 CITY OF COLUMBIA HEIGHTS GL060S-V06.55 RECAPPAGE GL540R BANK RECAP: BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 832,018.29 832,018.29 CITY COUNCIL LETTER Meeting of November 10, 2003 AGENDA Public Hearing ORIGINATING DEPARTMENT: CITY SECTION: Fire MANAGER NO: ~ -~A APPROVAL ITEM: Table Resolution For Revocation BY: Charlie Thompson BY'~/~4~ NO: DATE: November 6, 2003 DATE: On November 5, 2003, officials from Sela Investment met with Fire Chief Charlie Thompson and Assistant Fire Chief Gary Gorman to discuss the violation at the property. A plan to correct the violation has been agreed to by both parties and the Fire Department would like the City Council to table the revocation of the license to operate the rental units at 4927 & 4935 University Avenue NE until the December 15, 2003 City Council meeting. RECOMMENDED MOTION: Move to table a Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Sela Investments Regarding Rental Property at 4927 & 4935 University Avenue NE to the December 15, 2003 City Council meeting. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: November 10, 2003  ORIGINATING DEPARTMENT: AGENDA SECTION: PUBLIC HEARING CITY MANAGER'S NO: CITY MANAGER'St'..lY~\~~~A~E"~/~Y~ ~ APPROVALo_~'/ ITEM: PUBLIC HEARING-CABLE RATES BY: LINDA L. ~ No: ATE: 10-29-0 I//1 I On or about February 26, 2003, Comcast filed with the City Fede Communications Commission (FCC) Form 1240, "Updating Maximum Permitted Rates for Regulated Cable Services" purporting to set forth and justify the maximum rate it could charge to subscribers in the city for basic cable service, and FCC Form 1205, ~Determining Regulated Equipment and Installation Costs, Equipment Form", purporting to set forth and justify the rates it could charge to subscribers in the city for equipment and installation. The relevant rate period covered is June 1, 2003 to May 31, 2004. It should be noted that Comcast has not adjusted its basic service, equipment, and installation prices since July 1, 2002. Basic programming consists of over-the-air broadcast stations, public, educational, and government access channels, and any other programming Comcast chooses to add to its basic tier of service. The City does not regulate the rates for any programming not carried on the basic service tier, including (but not limited to) programming offered on a pay-per-channel or pay- per-program basis. Under federal law, the rates for all programming not included in the basic service tiers are unregulated. The chart below reflects Comcast's maximum permitted rates as of June 1, 2003, and prior to June 1, 2003, as well as the current rates. Maximum Maximum Permitted Rate Permitted Rate Current Rate (Since Effective June Prior to June July 1, 2002) 1, 2003 1, 2003 Basic Service $ 10.70 $10.44 $ 8.87 Converter/Receiver $7.92 for Basic $3.21 for Basic $2.00 for Basic Only Only Only $9.67 all $6.62 all $4.70 all others others others Remote Control $ .33 $ .39 $ .30 Installation--Unwired Home $45.81 $45.10 $41.99 Installation-Prewired Home $30.34 $28.20 $24.99 Installation-Additional Outlet- $15.98 $14.45 $13.49 Connect Initial Installation-Additional Outlet- $24.62 $24.27 $19.99 Connect Separate Other Install--Relocate Outlet $20.72 $20.20 $18.99 Upgrade- Non-Addressable $16.44 $17.25 $15.99 Downgrade- Non-Addressable $13.10 $12.41 $ 9.99 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: November 10, 2003 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: PUBLIC HEARING--CABLE RATES BY: LINDA L. MAGEE BY: DATE: NO: DATE: 10-29-03 Page 2 As part of its ongoing rate proceeding, the City must hold a public hearing. At their meeting of October 27, 2003, the City Council established a public hearing date of Monday, November 10, 2003, at 7:00 p.m. or as soon thereafter as possible. The purpose of the public hearing is to provide interested persons with an opportunity to express their views on the basic service programming and equipment rates and installation charges Comcast calculated in its February 2003 rate filing. Any comments furnished at the hearing may be considered by the City as it issues appropriate rate orders, and will become part of the record in the City's proceeding. Notice of the public hearing was published in the Focus Newspaper and appeared on the government and public access channels. Additionally, notice of the hearing was placed on the City's website. At the Telecommunications Commission meeting of October 16, 2003, Steve Guzzetta, the City's telecommunications attorney, presented four options from which the City may select in addressing Comcast's rate filing: (A) do nothing (the City would remain certified to regulate rates and could review and act on future rate filings from Comcast); (B) decertify (which would mean the City would no longer be empowered to regulate rates); (C) perform no review and issues rate orders preserving the City's rights to the extent possible (the City would retain the right to look at underlying data, calculations and assumptions in the context of a future rate filing); (D) perform a full-blown rate review (as was done two years ago). The Telecommunications Commission recommended that the City Council pursue Option C - perform no review and issue rate orders preserving the City's rights to the extent possible. The benefit of Option C is that the City would avoid the long and expensive process associated with a detailed substantive review of Comcast's rate filing, while still preserving certain fundamental rights. The drawback of this approach is that Comcast may appeal any rate orders issued by the City to the Federal Communications Commission. That said, the City is not required to respond to any appeal filed by Comcast. Attached are two resolutions recommended for adoption by the City Council. Resolution 2003-48 is an order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about February 26, 2003. Adoption of the resolution would neither approve or deny the maximum permitted rate for basic cable service, as calculated in the 2003 FCC Form 1240, but would function as a basic service rate ceiling during the relevant rate period and be utilized in future basic rate filings. Resolution 2003-49 is an order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about February 26, 2003. Adoption of the resolution would neither approve or deny the maximum permitted rates and charges for equipment and installation as calculated in the 2003 FCC Form 1205, but would function as a rate ceiling during the relevant rate period. RECOMMENDED MOTION: Move to waive the reading of Resolution 2003-48, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2003-48, being an Order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about February 26, 2003. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: November 10, 2003 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: PUBLIC HEARING-CABLE RATES BY: LINDA L. MAGEE BY: DATE: NO: DATE: 10-29-03 Page 3 RECOMMENDED MOTION: Move to waive the reading of Resolution 2003-49, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2003-49, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about February 26, 2003. COUNCIL ACTION: RESOLUTION NO. 2003-48 ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY COMCAST ON OR ABOUT FEBRUARY 26~ 2003 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, MediaOne North Central Communications Corp., now known as Comcast of Minnesota, Inc. (hereinafter "Comcast"), the current franchise holder, filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services", which was dated February 5, 2003, and received on or about February 26, 2003, purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the "2003 FCC Form 1240"); and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2003 FCC Form 1240; and WHEREAS, the rate set forth herein will govern Comcast's basic service rate until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rate for basic cable service, as calculated in the 2003 FCC Form 1240, is neither approved nor denied, but may: (i) function as a basic service rate ceiling during the relevant rate period; and (ii) be utilized in future basic service rate filings, to the extent permitted by and consistent with FCC rules and decisions. 2. Comcast shall not charge any rate higher than the maximum permitted rate set forth in the 2003 FCC Form 1240, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rate for basic service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2003 FCC Form 1240. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2003 FCC Form 1240. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2003 FCC Form 1240 in order to determine the impact, if any, such data and documents have on rates proposed in future basic service rate filings; (ii) the right to address issues raised in the 2003 FCC Form 1240 that are relevant to any City review of subsequent basic service rate filings; and (iii) the right to request additional information concerning the 2003 FCC Form 1240 that is relevant to any City review of subsequent basic service rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). 7'. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). Passed this 10th day of November, 2003. Offered by: Seconded by: Roll Call: Mayor Julienne Wyckoff Patricia Muscovitz, Deputy City Clerk RESOLUTION NO. 2003-49 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 FILED BY COMCAST ON OR ABOUT FEBRUARY 26~ 2003 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for equipment and installations; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, MediaOne North Central Communications Corp., now known as Comcast of Minnesota, Inc. (hereinafter "Comcast"), the current franchise holder, filed with the City an FCC Form 1205 "Determining Regulated Equipment and Installation Costs, 'Equipment Form'" (hereinafter the "2003 FCC Form 1205"), which was dated March 1, 2003, and received on or about February 26, 2003, purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installations; and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2003 FCC Form 1205; and WHEREAS, the rates set forth herein will govern Comcast's equipment rates and installation charges until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rates and charges for equipment and installation, as calculated in the 2003 FCC Form 1205, are neither approved nor denied, but may function as a rate ceiling during the relevant rate period. 2. Comcast shall not charge any rates higher than the applicable maximum permitted rates set in the 2003 FCC Form 1205 nor increase those rates, unless such rates are first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rates for equipment and installation, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2003 FCC Form 1205. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2003 FCC Form 1205. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2003 FCC Form 1205 in order to determine the impact, if any, such data and documents have on rates proposed in future equipment and installation rate filings; (ii) the right to address issues raised in the 2003 FCC Form 1205 that are relevant to any City review of subsequent equipment and installation rate filings; and (iii) the right to request additional information concerning the 2003 FCC Form 1205 that is relevant to any City review of subsequent equipment and installation rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). Passed this 10th day of November, 2003. Offered by: Seconded by: Roll Call: Mayor Julienne Wyckoff Patricia Muscovitz, Deputy City Clerk 2 CITY COUNCIL LETTER Meeting of November 10, 2003 AGENDA SECTION: (0 ~-- ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL.~/2_~'/ ITEM: Approval of equipment to be purchased with BY: Thomas M. Jotmson,~,~ NO. Funding of L.E. Equipment Block Grant DATE: November 5, BACKGROUND The Columbia Heights Police Department has been granted an equipment block grant by the U.S. Department of Justice in the amount of $12,616. On October 27, 2003, the City Council approved a $1,402 match to this grant. On October 27, 2003, the Council set a public hearing date of November 10, 2003, as required by this grant. On November 5, 2003, a select committee of citizens made up of local government, law enforcement, criminal justice, and local school administration personnel met to review each of the equipment items listed in our equipment request. (See attached list). The committee felt that the equipment listed was a good use of these funds. The final requirement of this grant is that we have a public hearing reference the proposed use of the funds. ANALYSIS/CONCLUSION The Police Department has met all the requirements of this grant except the public heating, which is being held today. RECOMMENDED MOTION: Move to approve the list of equipment to be purchased with funding from the Local Law Enforcement Equipment Block Grant. TMJ:mld 03-131 COUNCIL ACTION: 2003-2004 FEDERAL EQUIPMENT BLOCK GRANT EQUI?MENT PURCHASE PLAN 1. 10 each replacement modems for laptops in marked squads 2. 2 each light bars for 2004 replacement squads 3. 2 each security dividers for 2004 replacement squad cars 4. 3 each stop sticks 5. 2 each level 4 ballistic vests 6. 2 each Kevlar helmets Tax Grand Total Buffer $5,000 $2,000 $2,000 $1,650 $2,000 $350 $845 $13,845 $173 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: November 10, 2003 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: "] ~ l Administration APPROVAL , /~ ITEM: Appointment to Park & BY: Walt Fehst BY: Z~f~ Recreation Commission DATE: November 4, 2003 DATE: NO: Background: On October 16 and November 3, 2003 the City Council met to interview applicants for the Park and Recreation Commission. There are currently two openings on this commission. Current applicants on file for the Park and Recreation Commission: Marsha Stroik Brian Drews Gary L. Peterson Kevin McDonald Recommended Motion: Move to appoint and to the Park and Recreation Commission for the remainder of the respective terms to expire on April 2004 and April 2006. COUNCIL ACTION: REVISED CITY COUNCIL LETTER Meeting of: November 10, 2003 AGENDA SECTION: Other Business ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: 7 - C - 2 Fire ITEM: Authorization to Award Bids for the BY: Charles Thompson BY: Purchase of one Quint Fire Apparatus NO: DATE: November 6, 2003 DATE: BACKGROUND At the October 13, 2003 City Council meeting, the Fire Department was authorized to accept a $500,000 grant received from FEMA for the purchase of a 100 foot plus Quint Ladder Apparatus (10% of which would be the City's portion, or $50,000). The Fire Department was also authorized to seek bid for a 100-foot plus Custom Quint fire apparatus. The bid process opened on October 15, 2003 and closed at the end of the business day November 5, 2003. Eleven manufacturers were given specifications for consideration. Eight bids from seven manufacturers were submitted for consideration. ANALYSIS The bids were received and a committee of Officers and Firefighters meticulously compared all bids for consistency and compliance to the published specifications. Based on this information, the committee ranked General Safety Equipment the lowest qualified responsible bidder. The actual bid price of this apparatus came in at $556,943.00. Based on information looked at, Metro Fire was the lowest qualified responsible bidder for the loose equipment. The loose equipment bid fi.om Metro Fire had a price of $35,045.46 equaling a total price for the track and loose equipment of $591,988.46. RECOMMENDED MOTION: Move to Award the Purchase of a 109 foot Custom Quint Ladder Truck to General Safety Equipment, Based upon their Low, Qualified, Responsible Bid in the Amount of $556,943.00 plus any Additional Taxes, and Award the Purchase of the Various Loose Equipment to Metro Fire upon their Low, Qualified Responsible Bid in the Amount of $35,045.46 with Funds to be Appropriated from 439-42200-5150; and Furthermore, to Authorize the Mayor and City Manager to Enter into an Agreement for the Same. 03-87 Attachment COUNCIL ACTION: I Bid responses for Columbia Heights Fire Department. Quint Fire Apparatus Loose Equipment November 10m, 2003 Manufacturer ~lu ' FERRARA $47,005 MEETS SPECS E-ONE/NETRO FIRE $35,045 ME[IS SPECS/LOC^L VE~OR CRIMSON $30,300 EQUIPMENT LIST NOT COMPLETE ~ .~, , ~.. . ~ , ~I~ ,'~'"r.. ~'~ *' ' .... SUTPHEN NO BID EQUIPMENT INCLUDED WITH TRUCK PRICE Bid responses for Columbia Heights Fire Department Quint Fire Apparatus November 10th, 2003 Manufacturer KME SUTPHEN E-ONE (Bid #2) GENERAL SAFETY Bid Price $648,686* ~.':~.::~.: .',¥~',',,?,,I*,~.,'~;'~ :.;,'..,~,';:.,,~!,:~.~:,',~'~;: ,~':. ~'.' ;%,~;,% t ,~,:,, ,,~.:,~,,,.l~., :~.,~;~[,~i~ ~ ~.t i~;~ ~ )..,,;,'~ ' l" T~%;~..,';i ' ~ , , ~', ,.': :' .~ '. ,, .... ~. ~ ] ~ .,~,..~ ~,-,~,a,..~'%~a ~"', ;,, ~""~..,'~;,;',~i ~.',".,''. ¥. ,'~. $593,559* .... .~ : ~ · .T ~ ,-,~.. .',: . ,;~, .%';.~.. ,,: ' .... ....:,:~. ~ ,. $581,089 ~' ,',*,~'~ %." ' ::.' !," ~..:'i,;'.'. ~ ~ ,~ , "~ ~',.,~.~ ' ..... D.~::~,, ~ . I~. ~,;. 4 ,,~. ,,' 'r~.~:~ .~,': ~'~,/.. ~,,~, ~,~,,... ~..~ ~ $556,943 Notes Negative Exceptions/Changes Negative Exceptions/Changes :....,..,~,,~.~....,.,,*,.,:..:.:~]~,,~,..~.:~..:......;, '"~,~,,i,~' ,: ' ' ~; '. V., '~- !,~,~~8~ji~~:'''''::'[:'~''~' . ~ :, .. ,~ ,.:~;..~,. ,. that tho vendor did ~ot ~parate I~o~ oquipment f~m tho apparatus pri~. ~l~.~a~p~l~..g,.~.,~ll~'.;..~,.,.~ii~T.~..,c;~{,.'~ ~ ~:~..~ ~?::,r~ ~.L~; :,,~.%,~,...;,.,..#~:~,~... '..,.,: ..,' ~ .... ;~,~,,~:.::; ~ ,: ..,. **,., ~ '",-,"- ,.:1 .',. .......... ~' ; ..,, ........ ... ~ ~e a ,~. e~ ~ a~lo. S,,~.,... .... . '~'~''-"~"-~"-~ ~' "~'"' ~' "' ~ -~r'~'~i4P m~[.~%m~...~. ~:~,:~-. .: ,. ~':~%,',~,,.~ . ., ,.. ~:, ...,.~.. ? .~ ... lotal Exception to specifications ~* ~ ..... , ....... % ........ ., ~, f ..... , ~ ' ~" 't ' ' ' ' * ' ' ~ ~'""'1~~ ' '~W ";:~';' 'T' ,' ~7~ :t ~.*~. .~I ,.,.,,. :.,..,,..~,.~ ,.,,.. :,~ ~ ..... ~ ,~. ?,...,~,~.~ .~ .?...... ~....,:.~, ............. ~eets requirements o~ spedfications I~;~ ~¢:~'~ ;.'~}'.}', : ~. :~,~ ,~ {.~4r' ~[~li '"~ .... '":"" '~' ''~ '"' :"~?~"'/'~ '~" ' ' '" ' ,~'.',,~ .~'r..~."~.~ ~. . ~ '~.~'~4~.'~.~]..~. .~ .~:'r~.~ i .~.~:..~r:f; .v,:... , . ; ~..L .' ~ "m~'~ '"t'" ~'}-~"V¢~.""~[' ', ,' '"~" "%'~r"~'*~'" '~' r'r'""2~ .' '~ ,... ~c, ? .,. ~'"~,~,~,,~;, ,,; ~ ~, ,~' ~,.~ ' ,,.. ,'; ~[~3,~ ~;g~fxk~:~l.~&'~L~;¢~[~ ~ ~ ~: ~ 'ff'.:~:,: "..~V '~:..'~. ','.: ' ~..?~.z..:~ ..... ~ ~ .... : . . CITY COUNCIL LETTER Meeting of'. November 10, 2003 AGENDA SECTION: Other Business ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: 7 - C - 2 Fire ITEM: Authorization to Award Bids for the BY: Charles Thompson BY~ ~----~///~ Purchase of one Quint Fire Apparatus NO: DATE: November 6, 2003 DATE: BACKGROUND At the October 13, 2003 City Council meeting, the Fire Depmh;ient was authorized to accept a $500,000 grant received from FEMA for the purchase of a 100 foot plus Quint Ladder Apparatus (10% of which would be the City's portion, or $50,000). The Fire Department was also authorized to seek bid for a 100 foot plus Custom Quint fire apparatus. The bid process opened on October 15, 2003 and closed at the end of the business day November 5, 2003. Eleven manufacturers were given specifications for consideration. Eight bids from seven manufacturers were submitted for consideration. ANALYSIS The bids were received and a committee of Officer and Firefighters meticulously compared all bids for consistency and compliance to the published specifications. Based on this information, the committee ranked General Safety Equipment the lowest qualified responsible bidder. The actual bid price of this apparatus, with loose equipment, came in at $595,618. This truly is the lowest responsible bid based on the negative exceptions and lack of equipment added to the other manufacturer's bids. RECOMMENDED MOTION: Move to Award the Purchase of a 109 foot Custom Quint Ladder Truck and Various Loose Equipment to General Safety Equipment, Based upon their Low, Qualified, Responsible Bid in the Amount of $595,618 plus any Additional Taxes, with Funds to be Appropriated from 439-42200-5150; and Furthermore, to Authorize the Mayor and City Manager to Enter into an Agreement for the Same. 03 -87 Attachment COUNCIL ACTION: Bid responses for Columbia Heights Fire Department Quint Fire Apparatus / Loose Equipment List November 5th, 2003 Bid Price Notes KME $648,686Negative Exceptions/Changes FERRARA $642,754Negative Exceptions/Changes Positive Exceptions that Exceed PIERCE $634,561requirements E-ONE (Bid #1) $615,463Total Exception to specifications E-ONE (Bid #2) $615,002Total Exception to specifications GENERAL SAFELY $595,618Meets requirements'of specifications SUTPHEN $593,559Negative Exceptions/Changes CRIMSON FIRE $587,645Adjusted $ for missing loose equipment- Negative Exceptions