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HomeMy WebLinkAboutAug 22, 1983~ .OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 22, 1983 meeting was called to order by Mayor Nawrocki at 8:00 pm. 1. Roll Call Hovland, Petkoff, Norberg, Hentges, Nawrocki--present 2. Invocation The Invocation was offered by Councilman Norberg. 3. Minutes of Previous Meetings Motion by Norberg, second by Hovland to table this matter until later in the meeting. Roll call: All ayes Motion by Hentges, second by Hovland to approve the minutes of the Regular Council Meeting of August 8th as presented with the following correction: page #2; correct "latter" to read "later" page #17; delete "on the first floor" Motion to amend by Hentges, second by Hovland to direct the Council Secretary to listen to the taped minutes of the August 8th meeting that addresses the Traffic Commission recom- mendations regarding a five foot easement on th~ south side of 42nd Avenue and amend the motion in 6-b-5 accordingly. Roll call on amendment: All ayes Roll call on amended motion: All ayes 4. Oral Petitions A resident had questions regarding the newsletter article on home energy audits. 5. Resolutions and Ordinances Second Reading of Ordinance No. 1046 Amending the City Charter Motion by Norberg, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes The ordinance was offered by Hentges, seconded by Petkoff. The following three options of the Council were given by the City Attorney regarding passage of the ordinance: a) passed by all five members of the Council unanimously; b) passed by a majority of the Council which would then have the matter go to a referendum; c) the Council would pass separate sections of the Charter Commission recommendations. Motion to amend by Norberg to strike from the ordinance and renumber Sections 2, 3, 4, I1, 12 and 13. Motion dies for lack of a second. Councilman Norberg noted that he would like to pass those sections that all of the Council agrees on. Motion by Norberg, second by Hovland to strike from the ordinance and renumber Sections 2,3, 11, 12 and 13. Roll call: Hovland, Norberg, Hentges--aye Petkoff, Nawrocki--nay Amendment passes Motion to amend the amendment by Nawrocki, second by Hentges to not delete Section 13 from the ordinance. Roll call: Petkoff, Nawrocki--aye Hovland, Norberg, Hentges--nay Motion fails. The ordinance was reviewed by Mayor Nawrocki with the deletions and the impact these deletions would have on the operation of the City and on the formulation of the budget. Roll call on the amended motion: Hovland, Petkoff, Norberg, Hentges--aye Nawrocki--nay Motion fails. To pass this ordinance all of the members of the Council must vote aye. b. Second Reading of Ordinance No. 1048 Rezoning Certain Real Estate This ordinance is to rezone certain property from R-3 to R-~, and covers the rear parking lot McDonald's at the northwest corner of 46th and Tyler Street for the purpose of expanding ~,e building. R~gular Council Meeting August 22, 1983 page 2 representative of McDonald's stated tBat it is the intention of t.he company to raze the iiding, revamp the parking lot and build a new Style building. Motion by Hentges, second by Pe£koff to waive the reading of the ordinance there being ample copies available. Roll call: All ayes ORDINANCE NO. 1048 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REZONING OF CERTAIN REAL ESTATE The City Council of the City of Columbia Heights does ordain: Section 1: That the real property legally described as: Lots 12, 13, 14 and 15, Block Three (3), Sheffield's Second Subdivision, Anoka County, Minnesota according to the plat thereof on file and of record in the office of the Register of Deeds in and for said County. AND That part of the East seven feet (7') of the vacated North-South alley in Block Three (3), Sheffield's Second Subdivision between Central and Tyler Streets North- east from 46th to 47th Avenues Northeast,'lying between an extension Westward of seven feet (7') of the North and South line of each of said Lots 12 through 15, both inclusive, Block Three (3), Sheffield's Second Subdivision which is currently zoned "R-3" Multiple Family District shall hereafter be zoned "R-B" Retail Business District. Section 2: The Zoning Map of the City of Columbia Heights is herewith amended in accordance with this Ordinance. Section 3: 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: July 11, 1983 August 22, 1983 August 22, 1983 Offered By: Seconded By: Roll Call: Norberg Petkoff Hovland, Petkoff, Norberg, Hentges--aye Nawrocki--nay Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary c. Second Reading of Ordinance No. 1049 Rezoning Certain Real Estate This ordinance would rezone to Central Business District the following properties, 4147, 4151 and 4159 Central Avenue and a portion of 936 42nd Avenue. Motion by Hovland, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1049 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REZONING OF CERTAIN REAL ESTATE The City Council of the City of Columbia Heights does ordain: Regular Council Meeting August 22, 1983 page 3 Section i: That the real property legally described as: Lots 16 through 19, Block 4, Reservoir Hills, Anoka County, Minnesota which is currently zoned '~B", Limited Business District shall hereafter be rezoned "CBD" Central Business District. Section 2: That the real property legally described as: The West 7 feet of the north 140 feet of Lot 15, Block 4, Reservoir Hills, and the south 10 feet of the north 150 feet of the west 85 feet of Lot 15, Block 4, Reservoir Hills, Anoka County, Minnesota which is currently zoned "R-2", Two Family Residential District shall here- after be rezoned "CBD" Central Business District. Section 3: The Zoning Map of the City of Columbia Heights is herewith amended in accordance with this Ordinance. Section 4: 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: July 25, 1983 August 22, 1983 August 25, 1983 Offered By: Hovland Seconded By: Hentges Roll Call: All ayes Bruce G'. Nawrock'i, Mayor Jo-Anne Student, Council Secretary First Reading of Ordinance No. 1052 Planned Unit Development :ion by Norberg, second by Hovland to waive the reading of the ordinance there being ample cooies available to the public. Motion to amend by Norberg to insert into the ordinance on page 12, section X, after the words "750 square feet" the following, "on one floor." Motion to amend dies for lack of a second. Roll call: All ayes ORDINANCE NO. 1052 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO PLANNED UNIT DEVELOPMENT The City Council of the City of Columbia Heights does ordain: Section 1: Section 9.116(17) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "9.116(17) Planned Unit Development This section establishes provisions for the granting of a Conditional Use Permit to provide for a Planned Unit Development project. The purpose of the Planned Unit Development is to encourage a flexibility in the design and development of land in order to promote its appropriate use; to facilitate the adequate and ec- onomical provisions of streets and utilities; and to preserve the natural and scenic qualities for open areas. The owner or owners of any lA tract of land within the "R-2", "R-3", and/or "R-4" Use District or any 2A tract in the "B" District or 5A tract in the "1" District may submit an application to the Zoning Administrator for Conditional Use Permit approval to construct a PUD. Regular Council Meeting August 22, 1983 page 4 (al Application Review Procedure i) Concept Plan; The applicant may request a concept review of the proposed development by the Planning Commission to gain information and thoughts relevant to the City Plan and his development, provided.the following data is made available' to the City in three (31 copies. 11 Base Map showing appl|cant's land, plus lot and use pattern for all the land within four hundred (400) feet or more if necessary to show relationship. 2) Statement as to the type of use and architecture as to height and bulk. 3) Statement on population as to density, number,.age, distribution, occupancy, etc. 4) Physical feature map showing topography, tree location, drainage pattern and availabillty of utilities. 5) Concept Plan in sufficient detail to understand density, use relationship, access; park'ing, open space and building mass. iii) Preliminary Plan: The applicant shall file, with the application or within six (6) months after Concept Plan review, a preliminary plan and supporting data. Within sixty (60) days after verification by the staff that the required plan and supporting data is adequate, the Plan- ning Commission shall hold a public hearing. The staff report shall be made available at least ten (101 days prior to the public hearing. After the hearing, the Planning Commission shall forward to the City Council, their recommendation in writing. The City Council shall disapprove, approve or approve with modification and notify the applicant within sixty (60) days after receipt of recommendation unless the applicant agrees to a con- tinuance. Final Plan: Upon approval of the Preliminary Plan by the Council, the applicant may file a request for approval.of Final Plan for the entire PUD or for one or more of the development stages as made a part of the supporting data. The Prelim[nary Plan approval shall become void within one year unless a request is made for a Final Plan approval. The Planning Commission shall place a request for Final Plan approval on the next regular Planning Commission agenda after ten (101 days from date of filing. The findings and recommendations of the Planning Commission shall be forwarded to the Council for consideration. Regular Council Meeting August 22, 1983 page 5 iv) Failure to Begin Planned Development: If no construction has begun or no use established in the planned development within one (I) year from the approval of the flnal develop- ment plan, the final development plan shall lapse and be of no further effect. In its discretion and for good cause, the Planning Commission may extend for one (I) additional year the period for the beginning of construction or the establishment of a use. If a final development plan lapses under the provisions of this section, the clerk of the council shall remove the planned development from the zoning map and shall file a notice of revocation with the recorded final development plan. The zoning regulations applicable before the final development was approved shall then be re- vived and-in effect. (b) Requirements for Prelimihary Plan The prellminary plan and supporting data shall include the followlng: The existing topographic character of the land. Nap showing enough of the surrounding area t~ demonstrate the relationship of the proposed PUD. iii) A statement on population, as to density, numbers and age distribution. iv) A statement on the existing public services, such as schools, parks, fire protection, playgrounds, bus, etc. A map showing street systems, plot lines and plot designs. vi) viii) Areas proposed to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, school sites, public buildings, and similar public and semi-public uses. A plot plan for each building site and con, non open area, showing the approximate location of a11 buildings, structures, and improvements and indicating the open spaces around buildings and structures. Elevation and perspective drawings of all proposed structures and improvements except slngle-family resi- dences and their accessory buildings. The drawings need not be the result of final architectural decisions and need not be in detail. ix) A development schedule indicating (1) the approximate date when construction of the project can be expected to begin; (2) the stages in which the project will be built end the approximate date when construction of each stage can be expected to begin (3) the anticipated. rate of development; Regular Council Meeting August 22, 1983 page 6 (4) the approximate dates when the development of each of the stages in the development will be completed; and (5) the area and location of conrnon open space that will be provided at each stage. (c) Agreements, provisions, or covenants which govern the use, maintenance, and continued protection of the planned development and any of its common open areas. x~) The .following plans and diagrams, insofar as the Planning Conrnisslon finds that the planned develop- ment creates special problems of traffic, parking, landscaping or economic feasibility: l) An off-street parking and loading plan. 2) A circulation diagram indicating the proposed movement of vehicles, goods, and pedestrians within the planned development and to and from existing thoroughfares. Any special engineering features and traffic regulatlon devices needed to facilitate or insure the safety of this clr- culation pattern must be sho~n. 3) A ]andscaping and tree planting plan. An economic feasibility report or market analysis. 5) Preliminary Utility Plan Preliminary Plan Standards All of the requirements of the Use District within which the plan is located shall apply except as herein amended. i) The tract of land shall be served with city sewer and water and have not less than seventy-five (75) feet of public right-of-way frontage. ii) No principal building shall be nearer than its height to the rear or side lot llne when such line abuts an "R-I" or "R-2" Use District. iii) No building within the development shall be nearer to another buildlng than one-half (1/2) the sum of the height of the two buildings. iv) Private roadways within ~he project designed as collector streets (no driveways) shall be twenty- eight (28) feet or more in width, face to face of curb, private accessways shall be twenty-four (24) feet or more in width, face to face of curb and service roads shall be twenty- two (22) feet or more in width, face to face of curb. Regular Council Meeting August 22, 1983 page 7 Service roads shall not serve more than twenty (20) dwelling units or a use equivalent In traffic generation. Should guest parking require- ments be proposed as on street spaces, the street widths as herein stated shall be widened 8 x 22 feet for each space. v) No building shall be located less than fifteen (15) feet from the back of the curb on roadways and accessways, and three (3) feet on service roads. vi) Guest parking ratio shall be one (!) space for each four (4) units with no unit having a distance greater than two hundred (200) feet to such space. vii) An open space system shall be designed showing recreational areas equal to at least ten (10~) percent of the site area and served by pedestrian oriented path system. Those natural areas, i.e., woods, hills, valleys, wet areas, rock outcrops are to be favored as part of the open space system. A sewer-water public utility system to serve the project shall be submitted, said system shall in- dicate a fire hydrant distribution to the approval of the Fire Chief and in total to the City Council. A street light system shall be submitted for approval and all wires shall be below ground. (d) Requirement for Final Plan Within six (6) months following the approval of the preliminary development plan, the applicant shall file with the P]annlng Com~isslon a final development plan containing in final form the information required in the preliminary plan. In its discretion and for good cause, the Planning Commission may extend for six (6) months the period for filing of the final development plan. ii) The Planning Conrnission shall give notice and provide an opportun!ty to be heard on the final development plan to: I) Any person who appeared of record at the hearing on the prelimlnary development plan or at the hearing on the outllne development plan, if any. 2) Any other person who has indicated to the Planning Commission in writing that he wishes to be notified. iii) The Planning Commission shall review the final development plan, and shall recommend approval of the final development plan if it is in substantial compllance with the prelimlnary development plan. Regular Council Meeting August 22, 1983 page 8 The clerk of the council shall record the final development plan in the manner provided for recording plats of subdivisions. (e) Enforcin9 Development Schedule The construction and provision of a11 of the common open spaces and public and recreational facilities which are shown on the final development plan must proceed at the same rate as the construction of dwelling units. At least once every six (6) months follc~ving the approval of the final development plan~ the Zoning Administrator shall review all of the building permits issued for the planned development and examine the construction which has 'taken place on the site. If he shall find that the rate of construction of dwelling units is greater than the rate at which common open spaces and recreational facilities have been constructed and provided,~ he shall forward this information to the council, which may revoke the planned development permit. ~onveyance and Malntenance of Common Open. Space All land shown on the final development plan as common open space must'be conveyed under one of the foliowing options: l) It may be conveyed to a public agency which will agree to maintain the common open space and any buildings~ structures, or improvements which have been placed on it. 2) It may be conveyed to trustees provided in an identure establishing an association or similar organization for the maintenance of the planned development. The common open space must be con- veyed to the trustees subject to covenants to be approved by the Planning Commission which re- strict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open s~ace in a manner which assures its continuing use for its Intended purpose. No conrnon open space may be put to any use not specified in the final development plan unless the final development plan has been amended to permit that use under Section 9.126(17)(d) of this Ordinance. Hc~vever, no change of use authorized under Section 9.116(17)(d) may be considered as a waiver of any of the covenants limiting the use of common open space areast and all rights to enforce these covenants against any use permitted under Section 9.116(17)(f) a:e expzessl7 :eserved. iii) If the common open space is not conveyed to a public agency, either one of the following methods of enforcement must be provided: 1) The legal right to develop the common open space for the uses not specified in the final development plan must be conveyed to a publlc agency. Regular Council Meeting August 22,1~83 page 9 2) The restrictions governing the use, improvement, and maintenance of the common open space must be stated as conditions to the conveyance of the common open spacer the fee title to the common open space to vest in a public agency in the event of a substantial default in the stated conditions. If the common open space is not conveyed to a publlc agency, the covenants governing the use, improvement, and maintenance of the common open space may authorize a public agency to enforce their provisions. 9.116(17) Standards for Con,non or Public Open Space No open area may be accepted as common open space under the provisions of this Ordinance unless it meets the following standards: i) The location, shape, size, and character of the common open space must be suitable for the planned development. Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography, and the number and type of dwellings to be provided. iii) Common open space must be suitably Improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved. The buildings, structure~, and improvements ~hlch are permitted in the common open space must be appropriate to the uses which are authorlzed for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition. iv) The development schedule which is part of the development plan must coordinate the improvement of the common open space, the construction of buildings, structures, and improvements in the common open space, and the construc- tion of resldential dwellings in the planned development. v) If the final development plan provides for buildings, structures, end improvements in the common open space of a value in excess of Five Thousand ($5,000) Oo!lars, the developer must provide a bond or other adequate assurance that the buildlngs, structures, and improver ments have been completed according to the development plan. Regular Council Meeting August 22, 1983 page 10 (h) Control of Planned Unit Development Followlng Completion The Planning Commission shall issue a certificate certifying the completion of the planned development, and the clerk of the Planning Commission shall note the issuance of the certificate on the recorded final development plan. 1t) After the certificate of completion has been issued, the use of land and the construction, modification, or alteration of any buildings or structures within the planned development will be governed by the approved final development plan rather than by any other provi- sions of this Zoning Ordinance. After the certificate of completion has been issued, no changes may be made in the approved final development plan except ~pon application to the appropriate agency under the procedures provided below: 1) Any minor extensions, alterations, or modifications of existing buildlngs or structures may be authorized by the Planning Commission if they are consistent with the purposes and intent of the final plan. No. change authorized by this section may increase the cube of any buildlng or structure by more than ten percent. 2) Any uses not authorized by the approved final plan, ~ut allowable in the planned development as a permitted use under the provisions of the zoning ordinance, or permitted as a conditional use in the zone In which the planned development is located, may be added to the final development plan under the procedures provided by the Zoning Ordinance for the approval of conditional uses. 3) A building or structure that Is totally or s~bstantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved under subsection 5. Changes in the use of common open space may be authorized by an amendment to the final development plan under subsection 5. 5) Ali other changes in the flnal development plan must be made by the council, under the procedures authorized by this ordinance for the amendment of the zoning map. No changes may be made in the final development plan unless they are required for the continued successful functioning of the planned development, or unless they are required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the community. Regular Council Meeting August 22, 1983 page 11 :tv) No changes in the final development plan which are approved under this section are to be considered as a waiver of the covenents' limiting the use of land, buildings, structures, and improvements within the area of the planned development, and al1 rights to enforce these covenants against any changes permitted by this section are expressly reserved. is hereafter amended to read as follows, to-wit: 9.315(I7) · Planned Unit Development This Section estab~lishes provisions'for the granting of a Conditional Use Permit to provide for a Planned Unit Development project. The purpose of the Planned Unit Development is to encourage a flexibility in the design and development o[ land in order to promote its appropriate use; to facilitate the adequate and economical provisions of streets and utilities; and to preserve the natural and scenic qualitles for open areas. The c~vner or c~vners of any IA tract of land within the "R-2t~, "R-3", and/or "R-q" Use District or any 2A tract in the 'B" District or lA tract in the "1" District may submit an application to the Zoning Administrator for Conditional Use Permit approval to construct a PUD. (a) Application Review Procedure i) Concept Plan; The applicant may request a concept review of the proposed development by the Planning Con~nisslon to gain information and thoughts relevant to the City Plan and his development, provided.the follc~ving data is made available' to the City in three (3) copies. l) Base Map shorting applicant"s land, plus lot and use pattern for all the land within four hundred (q00) feet or more if necessary to shc~v relationshlp. 2) Statement as to the type of use and architecture as to height and bulk. 3) Statement on population as to density, number,.age~ distribution, occupancy, etc. 4) Physical feature map shc~ving topography, tree location~ drainage pattern and availability of utilities. Concept Plan In sufficient detail to understand density, use relationship, access[ park'lng, open space and building mass. Preliminary Plan: The applicant shall file, with the application or within six (6) months after Concept Plan review, a prelimlnary plan and supporting data. Regular Council Meeting August 22, 1983 page 12 Within sixty (60) days after verification by the staff that the required plan and supporting data is adequate, the Plan- ning Con~nission shall hold a public hearing. The staff report Rhall be made available at least ten (IO) days prior to the public hearing. After the hearing, the Planning Commission shall forward to the City Council, their recommendation in writing. The City Council shall disapprove, approve or approve with modification and notify the applicant within sixty (60) days after receipt of recommendation unless the applicant agrees to a con- tinuance. Final Plan: Upon approval of the Preliminary Plan by the Council, the applicant may file a request for approval.of Final Plan for the entire PUD or for one or more of the development stages as made a part of the supporting data. The Prelimi.nary Plan approval shall become void within one year unless a request Is made for a Final Plan approval. The Planning Commission shall piace'a request for Final Plan approval on the next regular Planning Commisslon agenda after ten (10) days from date of filing. The findings and recommendations of the Plannlng Commission shall be forwarded to the Council for consideration. Failure to Begin Planned Development: If no construction has begun or no use established in the planned development within one (1) year from the approval of the final develop- ment plan, the final development plan shall lapse and be of no further effect. In its discretion and for good cause, the Planning Commission may extend for one (I) additional year the period for the beginning of construction or the establishment of a use. If a final development plan lapses under the provisions of this section, the clerk of the council shall remove the planned development from the zoning map and shall file a notice of revocation with the recorded final development plan. The zoning regulations applicable before the flnal development was approved shall then be re- vived and in effect. (bi Requirements for Preliminary Plan The preliminary plan and supporting data shall include the follc~ing: The existing topographic character of the land. Hap sho~ing enough of the surrounding area to demonstrate the relatlonshlp of the proposed PUD. iii) A statement on population, as to density,, numbers and age distribution. iv) A statement on the existing public services, such as schools, parks, fire protection, playgrounds, bus, etc. A map showing street systems, plot lines and plot designs. Regular Council Meeting August 22, 1983 page 13 (c) vi) Areas proposed to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, school sites, public buildings, and similar publlc and semi-public uses. vii) viii) A plot plan for each building site and common open area, showing the approximate location of ali buildings, structures, and improvements and indicating the open spaces around buildings and structures. Elevation and perspective drawings of all proposed structures and improvements except single-family resi- dences and their accessory buildings. The drawings need not be the result of final archltectural decisions and need not be in detail. ix) A development schedule indicating (1) the approximate date when construction of the project can be expected to begin; (2) the stages in which the project will be built and the approximate date when construction of each stage can be expected to begin (3) the anticipated rate of development; (4) the approximate dates when the development of each of the stages in the development will be completed; and (5) the area and location of common open space that will be provided at each stage. x) Agreements, provisions, or covenants which govern the use, maintenance, and continued protection of the planned development and any of its con, non open areas. xi) The following plans and diagrams, insofar as the Planning Commission finds that the planned develop- ment creates special problems of traffic, parking, landscaping or economic feasibility: 1) An off-street parking and loadlng plan. 2) A circulation diagram Indicating the propose~ movement of vehicles, goods, and pedestrians within the planned development and to and from existing thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or insure the safety of thls clr- culatlon pattern must be shown. 3) A landscaping and tree planting plan. a) An economic feasibility report or market analysis. Preliminary Utility Plan Preliminary Plan Standards All of the requirements of the Use District within which the plan is located shall apply except as herein amended. Regular Council Meeting August 22, 1983 page lq i) ii) iv) v) vi) vii) ix) x) The tract of land shall be served with city sewer and water and have not less than seventy-five (75) feet of public right-of-way frontage. No principal building shall be nearer than its height to the rear or side lot line when such )ina abuts an "R-l" or "R-2" Use District. No bulldlng within the development shall be nearer to another building than one-half (1/2) the sum of the height of the two buildings. Private roadways within the project designed as collector streets (no driveways) shall be twenty- eight (2Bi feet or more In width, face to face of curb, private accessways shall be twenty-four (2q) feet or more in width, face to face of curb and service roads shall be twenty- two (22) feet or more In width, face to face of curb. Service roads shall not serve more than twenty (20) dwelling units or a use equivalent in traffic 9eneration. Should guest parking require- ments be proposed as on street spaces, the street widths as herein stated shall be widened 8 x 22 feet for each space. No building shall be located less than fifteen (15) feet from the back of the curb on roadways and accessways, and three (3) feet on service roads. Guest parking ratio shall be one (i) space for each four (~) units with no unit having a distance 9rearer than two hundred (200) feet to such space. An open space system shall be designed showing rccrcatlonal areas equal to at least ten percent of thc si. re area and served by pedestrian' oriented path system. Those natural areas, i.e., woods, hills, valleys, wet areas, rock outcrops are to be favored as part of the open space system. A sewer-water publlc utility system to serve the project shall be sub. mitted, said system shall in-' dlcate a fire hydrant distribution to the approval' of the Fire Chief and in total to the City Council. A street light system shall be submitted for aoor.oval and all wires shall be below ground. Notwithstanding the provisions of Section 9.108 (5), dwelling units erected in the "R-2" District shall have a minimum floor area of 750 square feet for each unit containing one bedroom or less~ Dlus,120 square feet for each additional bedroom ~tthin the unit. , Regular Council Meeting August 22, 1983 page 15 (f) .Re.cluirement for irlnal Plan Within slx (6) months follc~v;ng the approval of the pre:iminary development plan, the applicant shall file with the Planning Conrnission a final development plan contain;ag in final form the information requl.red in the prelimlnary plan. in its discretion and for good cause, the Piannlng I:omm~sslon may ~xtend for six (6) months the period for fillng of the final development' plan. The Plannlng I:o~rnlssion shall g~ve not;ce and provide an opportun!ty to be heard on the final clevelopment plan to: 1) Any person who appeared of record at the hearlng on the prelimlnary development plan or at ~he hearlng on the outline development plan,"if.any.- 2) Any other person who has Indicated to the Planning Convnission ~n writing that he wishes to be notified. iii) The Planning Commission shall revie~ the final development plan, and shall recon~nend approval of the flnal development plan if it is in substantlal compllance with the preliminary development plan. The clerk of the council shall record the flnal development plan in the manner provided for recording plats of subdivisions. Enforcing Development Schedule The construction and provision of al1 of the conrnon open spaces and public and recreational facilities which are shown on the final developn~nt plan must procee~ at 'the same rate as the construct;on of d-elling units. At'least once evtry six (6) months following the approval of the final development plan~ the Zoning Administrator shall review all of the building permits Issued for the planned development and examine the construction which has taken place on the site. If he shall find that the rate of construction of dwelling units is greater than the rate at which common open spaces and recreational facilities have been constructed and provided, he shall forward this information to the council, which may revoke the planned development permit. Conveyance and Maintenance of Common Open Space All land shown on the final development plan as common open space must be conveyed under one of the following options: 1) It may be conveyed to a public agency which will agree to maintain the con,non open space and any buildings~ structures, or improvements which have been placed on it. Regular Council Meeting August 22, 1983 page 16 2) It may be conveyed to trustees provided in an identure establishing an association or slmllar organization for the maintenance of the planned development. The common open space must be con- veyed to the trustees subject to covenants to be approved by the Planning Commission which re- strict the common open space to the uses specified on the flnal development plan, and which provide for the maintenance of the common open space In a manner which assures its continuing use for its intended purpose. ii) No common open space may be put to any use not specified in the final development plan unless the final development plan has been amended to permit that use under Section 9.1i6(17)(d) of this Ordinance. However, no change of use authorized under Section 9.il6(17)(d) may be coasi~ere8 as a waiver of &ay of the covenants limiting the use of common open space areas, and ali rights to enforce these covenants against any use permitted under Section g.li6(i7)(f) are expressly zeserveS. iii) If the common open space is not conveyed to a public agency, either one of the following methods of enforcement must be provided: 1) The legal right to develop the common open space for the uses not specified in the final development plan must be conveyed to a public agency. 2) The restrictions governing the use, improvement, and maintenance of the common open space must be stated as conditions to the conveyance of the common open space, the fee title to the common open space to vest in a publlc agency in the event of a substantial default in the stated conditions. iv) If the common open space is not conveyed to a public agency, the covenants governing the use, Improvement, and maintenance of the common open space may authorize a public agency to enforce their provisions. g.ii6(iT) (si Standards for Common or Publlc Open Space No open area may be accepted as common open space under the provisions of this Ordinance unless it meets the followlng standards: i) The location, shape, size, and character of the common open space must be suitable for the planned development. ii) Common open space must be used for amenity or recreational purposes. The uses authorized for the con,non open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography, and the number and type of dwellings to be provided. Regular Council Meeting August 22, 1983 page 17 Common open space must be suitably Improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved. The buildings, structure~, and improvements ~hlch are permitte~ in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition. The development schedule which is part of the development plan must coordinate the improvement of the common open space, the construction of buildings, structures, and improvements in the common open space, and the construc- tion of residential dwellings in the planned development. If the flnal development plan provides for buildings, structures, and improvements in the common open space of a value in excess of Five Thousand ($5,000) Dollars, the developer must provide a bond or other adequate assurance that the buildings, structures, and improver ments have been completed according to the development plan. (h) Control of Planned Unit Development Followin~ Completion The Planning Commission shall issue a certificate certifying the completion of the planned development, and the clerk of the Planning Commission shall note the issuance of the certificate on the recorded final development plan. After the certificate of completion has been issued, the use of land and the construction, modification, or alteration of any buildings or structures within the planned development will be governed by the approved final development plan rather than by any other provi- sions of this Zoning Ordinance. iii) After the certificate of completion has been Issued, no changes may be made in the approved final development plan except 6pon application to the appropriate agency under the procedures provided below: 1) Any minor extensions, alterations, or modifications of existing buildings or structures may be authorized 'by the Planning Commission if they are consistent with the purposes and intent of the final plan. No. change authorized by this section may increase the cube of any building or structure by more than ten percent. Regular Council Meeting August 22, 1983 page 18 2) Any uses not authorized by the approved final plan, but allowable in the planned development as a permitted use under the provisions of the zoning ordinance, or permitted as a conditional use in the zone in which the planned development is located, may be added to the final development plan under the procedures provided by the Zoning Ordinance for the approval of conditional uses. 3) A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amend- ment to the final development plan is approved under subsection 5. 4) Changes in the use of common open space may be authorized by an amendment to the final development plan under subsection 5. iv) 5) All other changes in the final development plan must be made by the Council, under the procedures authorized by this ordinance for the amendment of the zoning map. No changes may be made in the final development, or unless they are required by changes in conditions that have occurred since the final p]an was approved or by changes in the development policy of the community. No changes in the final development plan which are approved under this section are to be considered as a waiver of the covenants limiting the use of ]and, buildings, structures, and improvements within the area of the planned develop- ment, and all rights to enforce these covenants against any changes permitted by this section are expressly reserved. ~ection 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: August 22, 1983 The Second Reading and Public Hearing of this ordinance is scheduled for September 12th. e. Resolution 83-42 Increasing Election Judges Pay Rates Motion by Norberg, second by Hentges to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 83-42 BEING A RESOLUTION ESTABLISHING THE HOURLY RATE OF PAY FOR ELECTION JUDGES BE IT HEREBY RESOLVED that the City Council of the City of Columbia Heights establishes the hourly pay rate of $4.60 per hour for a Head Judge and $3.85 per hour for an Election Judge. BE IT FURTHER RESOLVED that this rate will be effective for the Primary Election October 18, 1983; and shall continue in effect until changed. Passed this 22nd day of August, 1983. Offered by: Norberg Second by: Hentges 1 call: All ayes Bruce G. Nawrocki, Mayor 'Jo-Anne Student, ~ounc~l ~ecre:ary Regular Council Meeting August 22, 1983 page 19 f. Resolution 83-41 Amending City Personnel Policy Manual lotion by Petkoff, second by Hovland to waive the reading of the resolution there being ample pies available to the public. Roll call: All ayes RESOLUTION NO. 83-41 AMENDING CITY OF COLUMBIA HEIGHTS PERSONNEL POLICY MANUAL, APPENDIX 1 - DETERMINATION OF VACATION TIME AS EARNED BE IT RESOLVED that Appendix 1, Determination of Vacation Time As Earned, of the City of Columbia Heights' Personnel Policy Manual, be amended to read as follows: Appendix 1 Determination of Vacation Time Earned and Accrued: Durin9 Employment Year Vacation Accrued per Month 1 .833 day 2 .833 day 3 .833 day 4 .833 day 5 .833 day 6 .917 day 7 1.OOO day 8 1.083 day 9 1.167 day 10 1.250 day 11 1.333 day 12 1.417 day 13 1.500 day 14 1.583 day 15 & + 1.667 day. BE IT FURTHER RESOLVED that this amendment be effective January l, 1983. Passed this 22nd day of August, 1983. Offered by: Petkoff Seconded by: Hovland Roll call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary 6. Communications a. Planning and Zoning Commission 1. Conditional Use Permit and Variance Appeal McDonald's Inc. 4605 Central Avenue McDonald's was appealing the denial of the Planning and Zoning Commission of their request for a ten foot variance on the required twenty foot green area. Motion by Norberg, second by Hovland to concur with the Planning and Zoning Commission's [ecommendation of denial of the variance request based on the absence of an hardship as de- ned in the ordinance. Roll call: Hovland, Norberg, Nawrocki--aye Petkoff, Hentges--nay Motion by Norberg, second by Hovland to grant the Conditional Use Permit subject to the recommendations of the Planning and Zoning Commission and subject to Ordinance No. 1048 Regular Council Meeting August 22, 1983 page 20 Oecoming effective. Roll call: Hovland, Petkoff, Norberg, Hentges--aye Nawrocki--nay 2. Special Purpose Fence, Ben Luhm, 4732 Stinson Blvd. Mr. Luhm was appealing the denial by the Planning and Zoning Commission to construct a spec- ial purpose fence. The fence would vary in height from five feet to six feet and had been tabled at a previous Council meeting because of a tie vote. It originally, came to the Planning and Zoning Commission and to the Council as a privacy fence but was denied because an adjoining property owner had not signed a consent form. The Planning and Zoning Commission had also denied a special purpose fence request as they felt a permitted 42" fence would serve the same purpose. Motion by Hentges, second by Hovland to approve the appeal and allow the'special purpose fence as requested. Roll call: Petkoff, Hentges--aye Hovland, Norberg, Nawrocki--nay Motion fails. b. Human Services Commission The Human Services Commission had submitted a proposed policy for Council consideration for the processing of applications for Community Development Block Grant Funds in the area of human services as well as other funds for this purpose. Kathy Grimsrud, a member of the Human Services Commission, presented the five point proposed policy. It was the opinion of Mayor Nawrocki that organizations or individuals that would be interested in applying for funding from the CDBG funds should come to the public hearing established for the purpose of requesting use of these funds. Motion by Norberg, second by Petkoff to adopt the policy in principle as presented by the Human Services Commission. Roll call: Hoviand, Petkoff, Norberg, Hentges--aye Nawrocki--nay Auditor's Management Letter Auditor's Management letter had gone up in quality in Councilman Norberg's opinion. Councilman Norberg was interested in seeing a report drafted by the City Manager that would respond to suggestions in the auditor's letter regarding improvements or changes in proced- ures. Motion by Norberg, second by Hovland to direct the City Manager to prepare a response tothe auditor's management letter. Roll call: All ayes d. Suburban Rate Authority Annual Contribution This was an informational item. e. Permanent Financing of 1982 Temporary Bonds This was an informational item. f. City Insurance Committee The Council received the minutes of the most recent Insurance Committee meeting and noti- fication of the recently-received dividend check. g. Hearing for Hazardous Waste Processing Facility A letter was received from Mayor Nee of Fridley regarding the final hearing scheduled for August 24th on the siting of a hazardous waste processing facility in Fridley. A staff member will be attending the hearing. h. Rice Creek Watershed District A notification was received advising of a meeting scheduled for September 19th to con- sider the expansion of the number of managers in the Rice Creek Watershed District. o UnCilman Norberg noted that he felt neither should the number of managers be increased r should the jurisdiction of the watershed district be increased. Regular Council Meeting August 22, 1983 page 21 i. Columbia Heights Jaycees The Council received a letter fr6m the Columbia Heights Jaycees outlining a proposed project to undertake painting house numbers on curbs in the City. It was the consensus of the Council that there is no objection to this project but that licenses will be re- quired. Whether the fees for the licenses will be waived will be a consideration when they are up for approval. j. International Relations Club-Senior High School A fund raising letter was received from the International Relations Club at the Senior High School. In the past this club has been involved in internationally-related activities and members of the club have travelled to The Hague, Netherlands. This year it is proposed that members attend the Model UN at Harvard University as well as the International Model UN at the Hague, lletherlands. Motion by Petkoff, second by Hovland to authorize the expenditure of $200 for the Inter- national Relations Club, the funds to come from the Mayor's Civic Affairs Fund. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay k. Propane Study The Science, Technology and Energy Commission has completed its propane study and presented it to the Council. Motion by Nawrocki, second by Hentges to refer the propane study to Tom Hosch, Shop Foreman, for comment and review and to report back to the Council. Roll call: All ayes Old and New Business a. Old Business 1. Senior Citizen Outreach Program Motion by Nawrocki, second by Hovland to authorize City staff to submit an amended Com- munity Development Block Grant application to include funding of a senior citizen out- reach project in an amount not to exceed $5,322.47. It was noted that these funds should be used for operating expenses. Roll call: All ayes 2. On-Site Drainage, Ruvelson Building Ruvelson Associates is constructing another building at 42nd and Central. A storm water drainage plan was submitted for the area and the City Engineer had expressed some concern with the plan and the impact it may have on an existing problem with water drainage on Central Avenue. A lengthy discussion followed regarding the submitted plan. Motion by Hentges, second by Hovland to approve the storm drainage plan as presented by Jim Ruvelson for the building at 42nd and Central. Roll call: All ayes 3. Date Processing The Finance Director presented a draft for Council review that addressed the objectives and a timetable regarding a data processing plan. 4.'Relocation of Manhole The Council was advised that a manhole on Central Avenue at 41st needs to be relocated. oith the streetscaping nearly completed it presently is situated half in the street and If in the curb/sidewalk. The City Engineer estimates the cost of relocating this man- le is approximately $2,300. Motion by Hentges, second by Hovland to relocate the manhole on the west side of Central Avenue at 41st with the funding coming from the Sewer and Water Fund. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay Regular Council Meeting August 22, 1983 page 22 ~ouncilman Norberg left the Council meeting at 1:40 a.m.. b. New Business 1. Setting Salary for Public WorkS Secretary Motion by Hentges, second by Petkoff to set the salary of $6.54 per hour for Kim Moravick, Public Works Secretary, effective August 15, 1983. Roll call: All ayes 2. Final Payment on Water Tower Motion by Hentges, second by Hovland to approve the final payment of $10,150 to Aegis Ltd., Inc. for painting of the water tower. Roll call: All ayes 3. Street Excavation Permit-Lot South of 4348 Fifth Street The owner of the property south of 4348 Fifth Street is requesting a street excavation per- mit to extend water and sewer lines to serve that specific lot which is up for sale. When Fifth Street was being reconstructed this property owner was notified of the Council's policy of prohibiting street excavations for a period of five years after a street has been reconstructed. A waiver of this policy was discussed as was a "tunnelling method" that could be used for installation of the stub outs. Motion by Hovland, second by Hentges to authorize the Public Works Director to issue a street excavation permit for water and sewer connections at 4344 Fifth Street and that the "tunnelling method" of installation will be employed. Roll call: Hovland, Hentges, Nawrocki-- aye Petkoff--nay 4. Establish Date for Public Hearing otion by Hoviand, s~cond by Hentges to ratify the action of the City Manager in the schedul- g of a public hearing on September 12th at 7:00 pm to consider establishment of a tax increment financing district and to approve the tax increment financing plan. The tax increment financing district being considered is at University and 40th Avenues. Roll call: All ayes 5. Accessory Apartment Program A letter was received from the Minnesota Housing Finance Agency regarding an accessory apartment program and financing. The Council decided this matter should be discussed at a Council work session. 8. Reports a. City Manager's Report The City Manager!s report was submitted in written form and all of the Items contained therein were discussed. Other items discussed were as follows: Keys for the Public Works building; petition received from residents whose property abuts Clover Pond; past due notices for special assessments; possible dates for special assessment hearing; selling of water to Hilltop and to New Brighton; proposed dates for Council work session; and, water bill of School District #13. b. City Attorney's Report The City Attorney had nothing to report at this time. 9. Licenses Motion by Hentges, second by Petkoff to grant the licenses as listed upon payment of Der fees. Roll call: All ayes Regular Council Meeting August 22, 1983 page 23 jment of Bills iotion ~'~ ~e~-~o~[ second by Hovland to pay the bills as listed out of proper funds. Roll call: All ayes Adjournment Motion by Petkoff, second by Hovland to adjourn the meeting at 2:35 am. Roll call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary