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April 9, 2007 Regular
CITY aF COLUMBIA HEIGHTS ~><or C;urv (. P~lersun Counulmember e.,n~~,, a. ~t~,mu„L~ 590 40th Avenue IJ.E., Columbia Heights. MN 55421-3878 (763) 706-3600 TDD (763) 70b-3692 Ri•xc~~,b'ur+-rocki '!'uixmeru Uieh,n Visit Our Wehsite en: K• '.rrr.ci.rohunhiu-hei,~;ht.r.mn.us Nivice Kel.enberg Cfty Manager YVuhrrR, h~~hs! The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m, on Monday, April 9, 2007, or immediately following the Board of Review, 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 wilt 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 evhen the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-361 1, i to make arrangements. (TDD/706-3692 for deaf or hearing impaired only} 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Rev. Peter Law, Community United Methodist Church 2. PLEDGE OF ALLEGIANCE 3. 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.} 4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations 1) 2007 Prayer Breakfast Ps 2) Arbor Day P6 3) Community United Methodist Church Centennial P' B) Presentations -none C) Introduction of New Employees 1) Ramon Gomez -Library Clerk D) Recognition -none S. 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 March 26 2007 regular City Council meeting Pe MOTION: Move to approve the minutes of the March 26; 2007 regular City Council meeting as presented. 2} Accept Boards and Commissions Meeting Minutes a} Accent: Mir~tttes of the February 27, 2007 Economic Development Authority meeting. Pao b} Accept: Minutes of the April 3, 2007 Planning and Zoning Commission meeting. P3~ i HE CITY GF ~=GE.tJMBiA HEIGHTS Dr~ES NGT DISC RIMIPJA TE OhJ THE BASIS GF DIS~.8ILITY ltd EMPLOYMENT OR THE PRGVISiOhi GF SER'JICF_5 EQUAL OPPGRTUNITY EMPI_GY ER City Council Agenda April 9, 2007 Page 2 of 4 P53 3} Approve City Newsletter Printing puotations far 2007-2008 MOTION: Move to enter into an agreement with Custom Business Forms for printing, publishing, and distributing the City newsletter based upon their proposal of $4,512.00 per issue for three publications in 2007 and four publications in 2008; and fiuthermore to authorize the Mayor and City Manager to enter into an agreement for the same. 4) Adopt Resolution No. 2007-44, being a Resolution adopting; the Anoka County Multi-Jurisdictional Hazard MitigJation Plan P54 MOTION: Move to waive the reading of Resolution No. 2007-44, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-44, being a resolution adopting the Anoka County Multi-Jurisdictional Hazard Mitigation Plan. S) Authorize to seek bids far the purchase of generators, including; installation, for the Cit~pump house, Public Works building and Murzyn Hall. PS' Authorize staff to seek bids for the purchase of generators, including installation, for the City pump house, Public Works building and Murzyn Hall. 6) Adopt Resolutions No. 2007-55 and 2007-56 being resolutions supporting application of the Non- Motorized Transportation Program (NTP) far the replacement of the pedestrian bridge and mobility plan. P58 MOTION: Move to waive the reading of Resolution No. 2007-55, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-55 supporting request for infrastructure funding through the NTP grant program for the construction of a pedestrian bridge over Central Avenue (TH 65) at 49th Avenue. MOTION: Move to waive the reading of Resolution No. 2007-56 there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-56 supporting request for planning funding through the NTP grant program for a bike and pedestrian mobility plan. 7) Approve change of the current procedure to dispose of appliances through Allied Waste/BFI P61 SerVICeS MOTION: Move to authorize change in the procedure to dispose of appliances through Allied Waste/BFI and establish a fee based appliance disposal from the current City of Columbia Heights refuse services. ALTERNATE MOTION: Move to authorize change in the procedure to dispose of appliances through Allied Waste/BFI and establish one free appliance pickup a year per parcel and a fee based appliance disposal for all additional appliances (per year) in the current City of Columbia Heights refLtSe ServlGeS. 8) Approve contract addendum to Bolton and Menk far en ing Bering inspection services. P6s MOTION: Move to authorize Contract Addendum No. l to Bolton and Menk, Inc. for additional Engineering Inspection Serviees added by the City, in the amount of $10,694.50 with funding out of Huset Parkway, Phase II Development Agreement, State Aid and Engineering. City Council Agenda Apri19, ?007 Page 3 of 4 9) Adopt Resolution No. 2007-57, approving a Conditional Use Permit for outdoor sales at 2261 37`h Avenue P 6 7 MOTION: Move to waive the reading of Resolution No. 2007-57, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-57, approving a Conditional Use Permit for outdoor sales for Frattalone's Greenhouse, located at 2261 - 37th Avenue, subject to the conditions outlined in Resolution No. 2007-57. 10) Approve the items listed for rental housing license applications for April 9, 2007 P7 s MOTION: Move to approve the items listed for rental housing license applications far April 9, 2007. 11) Approve Business License Applications Pg o MOTION: Move to approve the items as listed on the business license agenda for April 9, 2007 as presented. 12) Approve Payment of Bills Ps2 MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 12 ° a 3 sthrough 1210 a sin the amount of $ a a a , 3 0 3 . a s . 6. PUBLIC HEARINGS A) Public Hearing -Adopt Resolution No. 2007-54, being a Resolution adopting a housingprogram with respect to a senior housing project; granting preliminary approval for the issuance of multifamily housing revenue bonds to finance the project; and authorizing the reimbursement of expenditures made in anticipation of the issuance of such bonds. Pao MOTION: Move to close the public hearing and waive the reading of Resolution No. 2007-54, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-54, being a Resolution adopting a housing program with respect to a senior housing project; granting preliminary approval for the issuance ofmultifamily housing revenue bonds to finance the project; and authorizing the reimbursement of expenditures made in anticipation of the issuance of such bonds. B} Second reading: Adopt Ordinance 1522, Zoning Amendment to the Zoning Code as it relates to Seasonal. Outdoor Sales. Paa MOTION: Move to close the public hearing and waive the reading of Ordinance No. 1522, being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1522, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendment as it relates to Seasonal Outdoor Sales. C) First reading: Ordinance 1523, Zoning Amendment to the Zoning Cade as it relates to Temporary Signs. P117 MOTION: Move to close the public hearing and waive the reading of Ordinance No. 1523, being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1523 for Monday. April 23, 2007, at approximately 7:00 p.m. in the City Council Chambers. City Council Agenda April 4, ?007 Page 4 of 4 D} First reading: Ordinance 1524 Zoning Amendment to the Zoning; Code as it relates to Parking Stall Len hs. Plza MOTION: Move to close the public hearing and waive the reading of Ordinance No. 1524, being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1524 for Monday, Apri123, 2007, at approximately 7:00 p.m. in the City Council Chambers. E) Adopt Resolution No. 2007-53 being a resolution for abatement of violations at 4656-4658 Polk St. Pi34 MOTION: Move to close the public hearing and waive the reading of Resolution No. 2007-53, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-53, a resolution of the City Council of the City of Columbia Heights declaring the property at 4656-4658 Polk Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Cade section 8.206. 7. ITEMS FOR CONSIDERATION A} Other Ordinances and Resolutions -none B) Bid Considerations -none C) Other Business -none S. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. ld. COUNCIL CORIVTER 11. ADJOURNMENT Walter R. Fehst . 1ty anager WF/pvm '-I -~ -1 PROCLAMATION COLUMBIA HEIGHTS COHMUNITY PRAYER BREAKFAST COLUMBIA HEIGHTS, MN WHEREAS, in 1952 an event was inaugurated by leadership groups in the United States Senate and the House of Representatives and, WI-IEREAS, a voluntary committee of citizens has joined together in celebration of Columbia Heights to sponsor the Columbia Heights Community Prayer Breakfast, and WHEREAS, it shall be proclaimed "A Day of Personal Rededication in Columbia Heights,'° calling upon all citizens to join in quiet reverence and dedication as stated in the Declaration of Independence: "We hold these truths to be self-evident; that all men are created equal; they are endowed by their Creator with certain unalienable rights; that among these are life, liberty and the pursuit of happiness; that to secure these rights, governments are instituted among men..." NOW, THEREFORE, I, Gary L. Peterson, Mayor of Columbia Heights, do hereby proclaim Wednesday, May 9, 2007, as the date of the Columbia Heights Community Prayer Breakfast. Gary L. Peterson, Mayor PIJBLIC WORKS ~ ~` Z . cr:~~rx.al.c:~x.~cr: CITY {1 F C O ~ U M B I A HEIGHTS (}3 ° se~vr:xnv"~--r:x • r:vct~>rr:xrxc • srxer: rs 637 38TH AVENUE N. E., COLUMBIA HEIGHTS, MN 55421-3806 (763) 706-3700 FAX 706-3701 • I'.4xKS ARBOR DAY -ARBOR MONTH PROCLAMATION WHEREAS: In 1872, J. Starting Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS: this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS: Arbor Day is now observed throughout the nation and the world, and WHEREAS: trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life- giving oxygen, and provide habitat for wildlife, and WHEREAS: trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community, and WHEREAS: trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS: trees, wherever they are planted, are a source of job and spiritual renewal. NOW, THEREFORE, I, Gary Peterson, Mayor of the City of Columbia Heights, do hereby proclaim April 27, 2007, to be ARBOR DAY AND THE MONTH OF MAY 2007 TO BE ARBOR MONTH IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA FURTHER: I urge all citizens to plant trees to gladden the hearts and promote the well- being of present and future generations. DATED: This 9th day of April Mayor Gary Peterson THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES "BER+!!CE IS OUR BUSFNESS" EQUAL OPPORTUNITY EM Pl.OYER TDO (763} 706-3692 '~ - a-3 PROCLAMATION DECLARING SUNDAY, APRIL 15, 2007 AS COMMUNITED METHODIST CHURCH CENTENNIAL CELEBRATION DAY IN THE CITY OF COLUMBIA HEIGHTS Whereas: on April 25, 1907 Community United Methodist Church was formed, and Whereas: Community United Methodist Church was the first church in Columbia Heights, and Whereas: on Sunday, April 15, 2407 the church will celebrate 100 years of Christian service to Columbia Heights and the surrounding area, and Whereas: Bishop Sally Dyck, Bishop of the Minnesota Annual Conference of the United Methodist Church, will preach a morning worship service at 10:00 a.m. with a luncheon and program to follow, Now therefore be it declared that I, Mayor Gary L. Peterson do hereby proclaim Sunday, April 15, 2007 as Colaalrnbia Heights Community United Methodist Church 100th year celebration in the City of Columbia Heights, Minnesota. Mayor Gary L. Peterson z OFFICIAL PROCEEDINGS ~~~ ~f l ~! C~~"ES HA~~'~ S ~ CITY OF COLUMBIA HEIGHTS RIOT SEEN AF~E~RC~VE~ CITY COUNCIL MEETING MARCH 26, 2007 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, March 26, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Councilmember Williams gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Chief Johnson requested to present two citizen commendations and four police commendations. Nawrocki requested to add: City Manager investigation with state auditor, update on the Central Avenue TIF District, the activity center, and letters from residents (Mr. Gracheck 42 ``/a, Angel Bursch 3451 Washington street, and an anonymous letter. Peterson stated the first items can be addressed under the City Manager's report and letters addressed under citizen forum. Peterson removed Resolutions No. 40 and 42 in that the violations have been corrected. Peterson indicated there will be a Sister City International Youth Art Showcase at Murzyn Hall on Monday, April 2°d at 7:00 p.m. Be the next Heights Idol on Wednesday, May 2, 7:00 p.m. at Murzyn Hail. Call the Recreation Department for information. Peterson stated that the fee is $10, but grants are available to those in need. There will be a fishing clinic on April 5 at Murzyn Hall, with the wading pool used for casting. This is presented by our Recreation Department, SACA and the Lions Club. There will be an Easter egg hunt on Saturday, April 7 at Huset Park with the Easter Bunny. PROCLAMATIONS PRESENTATIONS RECOGNITIONS AND GUESTS Presentations - 1) SACA, Rick Johnson -Fishing Clinic -not present 2) Chief Johnson -two citizen commendations and four police commendations. Police Chief Tom Johnson spoke of the resident information, officer, and CSO assistance to apprehend suspects in the recent bank robbery. He read the citizen and officer commendations and Mayor Peterson presented the commendations. Ms. Lisa Kristofferson spoke of the experience and her ties with Columbia Heights. Corporal Sorensen, Corporal Bonesteel and Officer Piehn expressed their appreciation to everyone that helped on the case and spoke of the importance of witnesses and the help they give, and positive results of sometimes questioned budget costs. Community Service Officer Wellman thanked everyone, Johnson read the citizen commendation for Mr. Tony Simon, who was not present, regarding his help in a different burglary. Bonesteel reiterated the ianportance of citizen involvement to help apprehend these criminals. He encouraged residents to call the police if they see any suspicious activity. CONSENT AGENDA Nawroeki requested to removed items No. 4, 5, 8, 10, 11, and 12. City Council Minutes March 26, 2007 Page 2 of 22 City Manager Walt Fehst took Councilmembers through the consent agenda items: 1) Approve City Council Meeting Minutes far February 26, 2007 regular City Council meeting and March 19, 2007 Improvement Hearin;; a. Motion to approve the minutes of the February 26, 2007 regular City Council meeting as presented. b. Motion to approve the minutes of the March 19, 2007 special Public Improvement Hearing meeting as presented. 2} Accept Boards and Commissions Meeting Minutes a. Accept: Minutes of the January 24, 2007 Park and Recreation Commission meeting b. Accept: Minutes of the January 23, 2007 EDA meeting c. Accept: Minutes of the March 6, 2007 Library Board meeting d. Accept: Minutes of the February 6, 2007 Library Board meeting e. Accept: Minutes of the March 6, 2007 Planning and Zoning Commission meeting 3) Establish a joint Work Session meeting date with the City of Fridley for Wednesda~Apri14, 2007 be ig_nning at approximate1~:30 p.m. at the Fridley Community Center Fehst stated that the site for this work session may change, as the Congressman Ellison event has been cancelled. Items for discussion are the Anoka County Crime Lab presentation and discussion of the University Avenue frontage road repairs. Nawrocki requested that WiFi access be discussed. Fehst referred to the large up front expense for WiFi. Fehst indicated items for the April 2 work session: newsletter bid, appliance disposal, Comprehensive Plan RFP, and liquor store update. A request was received from the Columbia Heights School Board to attend their work session at 6:00 p.m. with their gym architect. Fehst suggested opening our work session and following the School Board work session to reconvene at either a room at the school or to our conference room. Motion by Nawrocki, second by Kelzenberg, that the Activity Center Citizens Advisory Committee be invited to attend the School Board work session. Motion to establish a joint Work Session meeting date with the City of Fridley for Wednesday, April 4, 2007 beginning at approximately 6:30 p.m. with a location to be determined later. 4} Approval of Liquor Stare Schematic Design -removed 5} Adopt Resolution No. 2007-36, being a Resolution waiving the statutory tart liabilit iy imits - removed 6} Re-appointments to the Boards and Commissions Motion to re-appoint Nancy Hoium and Patricia Sowada to the Library Board for three year teens; Donna Schmitt to the Planning and Zoning Commission for a fear year term; Pastor David Briley to the Police and Fire Civil Service Commission for a three year term; and Dennis Straik Rueben Ruen and Robert Peltier to the Telecommunications Commission for two year terms effective Aprii I, 2007. City Council Minutes March 26, 2007 Page 3 of 22 7) Approval of a Conditional Use Permit for Outdoor Sales located at 4300 Central Ave NE. Motion to waive the reading of Resolution 2007-34, there being ample copies available to the public. Motion to adopt Resolution No. 2007-34, approving a Conditional Use Permit for outdoor sales for Cinder's Greenhouses, located at 4300 Central Avenue, subject to the conditions outlined in Resolution No. 2007-34. RESOLUTION N0.2007-34 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR CINDER'S GREENHOUSES, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0301} has been submitted by Cinder's Greenhouses, Inc. to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4300 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(g), to allow outdoor sales or display. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 6, 2007; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, properly values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (11 calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Devetopment Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 3. The prapased fence must be 20 feet from the retaining wall for safety vehicular access. 8) Adapt Resolution 2007-50, being; a resolution authorizing the City of Columbia Heights to remain a participating community in the Anoka Caunty Community Develapment Black Grant (CDBG) and Home Investment Partnership Pragratn -removed 10 City Council Minutes March 26, ?007 Page 4 of 22 9) Adopt Resolution 2007-45, being a Resolution approving_plans and specifications and ordering advertisement far bids far the 2007 Street Rehabilitation Project. Motion to waive the reading of Resolution No. 2007-45 there being ample copies available to the public. Motion to adopt Resolution No. 2007-45 approving Plans and Specifications and ordering Advertisement for Bids for 2007 Street Rehabilitation, Zone 2 and 3, City Project No. 0702. RESOLUTION 2007-45 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, CITY PROJECT 0702 WHEREAS, pursuant to a resolution passed by the Council on March 19, 2007, the City Engineer has prepared plans and specifications for the Full Street Reconstruction on Ulysses Street (Johnson Street to Cul-de-sac); Partial Street Reconstruction on Tyler Street (41~` to 42nd Avenues), Polk Street (41S` to 42"d Avenues), Hayes Street (37a' to 41~` Avenues}, Cleveland Street (39`h to 40`s Avenues and 41S` to 42"d Avenues), McKinley Street (39%z to 40`h Avenues) and Fairway Drive, 49`h Avenue to Fairway Drive; and Mill and Overlay on Polk Street (42"d Avenue to Arthur Street), 39`x' Avenue (Cleveland to McKinley Streets), 39%z Avenue (Cleveland to McKinley Streets), and Tyler Street (49`h to 50`h Avenues); NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. Such plans and specifications identified as 2007 Street Rehabilitation, Zones 2 and 3, City Project Number 0702 are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m. on Tuesday, May 22, 2007 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the Council on Tuesday, May 29, 2007 in the Council Chamber. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit; bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. 10) Resolutian 2007-46, being a Resolution declaring the Intent to Band for Zone 2 and 3 Street Rehabilitation Project, City Project No. 0702 -removed 11) Resolution 2007-47 requesting MSAS Construction Funds for other Local Transportation Uses - remaved 12) Adopt Resolution 2007-48 awarding Street Striping_and Resolution 2007-49 awarding Seal Coat - removed 13) Adopt Resolution 2007-51, being a Resolutian accepting the Feasibility Report for Zone 7 Street Seal Coating and Ordering the Public Improvement Hearin~City Project No. 0701. Motion to waive the reading of Resolution No. 2007-51, there being ample copies available to the public. Motion to adopt Resolutian No. 2007-51, being a Resolutian accepting the Feasibility Report for Zone 7, City Project 0701 and calling for the Public Improvement Hearing beginning at 6:30 p.m. on April 23, 2007. 11 City Council Minutes March 26, 20p7 Page 5 of 22 .RESOLUTION N0.2007-SI BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 7 STREET SEAL COATING AND ORDERING THE PUBLIC IMPROVEMENT HEARING CITY PROJECT - NO. 0701 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2007-51, a report has been prepared by the Director of Public Works with reference to the Zone 7 Street Seal Coating Program, and WHEREAS, Zone 7 is bounded by Main Street/California Street to University Avenue, 37t1i Avenue to 45`'' Avenue and university Avenue to Central Avenue, 37`~ Avenue to 40`" Avenue. WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on March 26, 2007. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $??. 2. A public hearing shall beheld on such proposed improvement on the 23`d day of April, 2007, in the City Council Chambers at 590 40`h Avenue N.E. at 6:30 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. 14) Authorize Capital Equipment Replacement of Unit #7 Caterpillar Model 930 Wheel Loader Motion to authorize the replacement of Unit #7 and purchase one (1) new Caterpillar Mode1938 Wheel Loader from Ziegler Inc. in the amount of $119,858 from the State Contract. Funding shall be from the Street Capital Equipment fund, 431-43121-5150. 15) Approve the items listed for rental housing license applications for March 26, 2007 Motion to approve the items listed for rental housing license applications for March 26, 2007. 16) Approve Business License Applications Motion to approve the items as listed on the business license agenda for March 26, 2007 as presented. 17) 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 120618 through 120937 in the amount of $1,397,922.69. Nawrocki questioned the tort liability costs to us. Bill Elrite, Finance Director, stated it is a small amount of about $300 and would maintain the same level that we had when we had private insurance. Motion by Kelzenberg, second by Nawrocki, to approve the Consent Agenda items with the exception of items 4, 5, 8, 10, 11; and 12. Upon vote: All ayes. Mohan carried. 4) Approval of Liquor Store Schematic Des_gn Nawrocki indicated concern on how these would tie in with the locations. He felt the proposal looked like an office building. This infonrtation should be made more available to the public. Peterson stated that these are basic designs to help the architect move forward. Fehst stated that this is the basic design recommended far both liquor store locations. Cast will be a consideration as these materials are over budget and Council requested a basetrtent on the Central Avenue store, 12 City Council Minutes March 26, 2007 Page 6 of 22 which would require an elevator for either a full or partial basement. Fehst indicated that the Council request to consider another business at the site would require a substantial downsize of our liquor operation. Fehst referred to site parking limitations. Nawrocki questioned the anticipated elevator cost. He indicated his support of the store on 37`h, as it is doing very well. He questioned profitability of the Central Avenue stare, which dropped in revenue from $400,000 to $200,000. The elevator would add to operating costs. Jeff 4ertel, C?ertel Architects, stated that without a full set of plans we do not know the costs. The lower level, elevator, and dock were added, and the high level of material on the outside of the building put the two jobs over budget, estimated at one million dollars. Kelzenberg indicated surprise at the dollar amount, and stated that we can look at ways to reduce the cast. If we are in the liquor business it behooves us to own the property, rather than pay rent. Williams stated that he liked the design chosen. We can always change some of the materials used. Citizens will not pay more than our current rent. The architect has done a good job. Fehst stated that these estimates are general in nature. The height on the Central Avenue store is to draw it closer to the road, but may not be necessary on 37`h. We can tone it down substantially. Diehm stated that she had commented in talking to staff and the architects to have a mixed use on the Central Avenue site such as a coffee shop. As a Council we must have confidence in our staff and the people we hire, and stated her appreciation for their looking at other options. The St. Anthony store is beautiful and we must have a store we are proud of. They are our competition. She stated concern about the cost increases. Council has agreed to build a building that looks nice. We will look for someone to show guidance in how to reduce the numbers without reducing the quality we expect. We want to be the ones setting the standard for Central Avenue. Diehm disagreed that the design looks like commercial space, and if we are not in the liquor business we could sell it for another use. Diehm stated that she liked the concept. Peterson stated that it has been stressed to the architects that cost is important. Vile must now look to stay within our means. He asked that the architects really take a good look at the cost. We want a beautifial building, but also want a good job for the community. Oertel stated that the beginning of a project is the dream stage, and now the job is to get to what the city wants and can afford. Nawrocki stated it would make sense to put the office in the basement and not on the third level. Fehst agreed it should be considered and stated that we need a state of the art security system. Nawrocki referred to the MGM store that was just sold and indicated concern with the Legislature discussing wine sales in grocery stores. Peterson stated that if the architect needs, he would be available at any time. 1Vlotion by Kelzenberg, second by Williams, to approve schematic design option l for the new municipal liquor stares and to authorize 4erte1 Architects to proceed with the design and master plan. TJpon vote: Kelz?nberg, yes; Willtams, y es; Diel~rn, aye, Nawrock?, nay, Peterson, aye. 4 ayes - I nay. I~Zotion carried. 13 City Council Minutes March 26, 200'7 Page 7 of 22 Nawrocki indicated his concern on the costs and therefore, voted no. 5) Adapt Resolution No. 2007-36, being a Resolution waiving the statutory tort liability limits Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2007-36 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2007-36 being a resolution waiving the statutory tort liability limits. Upon vote: All ayes. Motion carried. RESOLUTION N0.2oo7-36 BEING A RESOLUTION WAIVING THE STATUTORY TORT LIABILITY LIMITS WHEREAS, the City of Columbia Heights is a Minnesota political subdivision desiring to self-insure its property and liability risks through participation in a joint powers arrangement known as the League of Minnesota Cities Insurance Trust (LMCIT); and WHEREAS, Minnesota Statute Section 471.981 permits a city to extend the coverage of its self insurance to afford protection in excess of any limitations on liability established by law; and WHEREAS, Minnesota Statute Section 471.981 provides that unless expressly provided in the ordinance or resolution extending the coverage, the statutory limitations on liability shall not be deemed to have been waived. NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council does hereby accept liability coverage limits of $1,000,000 from the League of Minnesota Cities Insurance Trust and the City waives the monetary limits of tort liability established by Minnesota Statute Section 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. 8) Adopt Resolution 2007-50, being a resolution authorizing the Cit~of Columbia Heights to remain a participating community in the Anoka County Community Development Block Grant (CDBG and Home Investment Partnership Program Nawrocki indicated concern that the Council does not have sufficient discussions on the best use of CDBG money. Staff just indicates what the projects would be. Fehst stated this has fallen to staff because of the speed required for projects, and to make application for unused County funds. Nawrocki stated his feeling that we are getting less money than we used to receive. There are more applications than they have funding for. Motion by Diehm, second by Williams, to waive the reading of Resolution 2007-50, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to Adopt Resolution 2007-50, being a resolution authorizing the City of Columbia Heights to remain a participating community in the Anoka County Community Development Block Grant (CDBG) and Home Investment Partnership Program and to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: AlI ayes. Motion carried. RESOLUTION N0.2007-50 A RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS, MFNNESOTA AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM COOPERATNE AGREEMENT FOR ANOKA COUNTY WHEREAS, Anoka County has been classified as Urban County eligible to receive Community Development Block Grant Funds and HOME Investment Partnership funds through the Department of Housing and Urban Development; and WHEREAS, each community in Anoka County has the option to opt in ar out of the Anoka County CDBG program; and i4 City Council Minutes March 26, 2007 Page 8 of 22 WHEREAS, each community who opts in must enter into a Cooperation Agreement every three years to continue to be included in the Urban County; and, WHEREAS, by opting into the Anoka County and authorizing the Cooperation Agreement, the City of Columbia Heights will be eligible to apply for CDBG and HOME funds through the County; and, WHEREAS, the City of Columbia Heights has elected to opt in since Anoka County became an Urban County; NOW, THEREFORE, 8E IT RESOLVED, that the Columbia Heights City Council authorize the Mayor and the City Manager to execute the Anoka County Community Development Block Grant and HOME Investment Partnership Program Cooperative Agreement. 10) Resolution 2007-46, being a Resolution declaring the Intent to Bond for Zone 2 and 3 Street Rehabilitation Project, City Project No. 0702. Kevin Hansen, Public Works Director, stated this is for street rehabilitation. Nawrocki questioned the dollar amount. Hansen stated originally it was for street costs and this includes the utilities. Nawrocki questioned what we have far outstanding debt. Hansen indicated the years in which we bonded and stated that this is an "up to" amount. This will reserve our right to bond about three years down the road. Nawrocki stated there must be discussion on debt to plan accordingly. Motion Dielun, second by Kelzenberg, to waive the reading of Resolution No. 2007-46, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Diehm, second by Kelzenberg, to adopt Resolution No. 2007-46, being a resolution approving the declaration for the official intent of the City of Columbia Heights to Bond for Zone 2 and 3 Street Rehabilitation Project, City Project No. 0702. Upon vote: All ayes. Motion carried. RESOLUTION N0.2007-46 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures far Project #0702 consisting of Zones 2 and 3 Street Rehabilitation and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of 51,500,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150-2 and any successor law, regulating or ruling. 11 } Resolution 2007-47 requesting MSAS Construction Funds for other Local Transpartation Uses Nawrocki states that our system is complete. Hansen indicated that state aid roads have been built in accordance with state rules. The system is not 100% perfect and we continue to draw on our needs. The amount would be $550,000, which has been used for our residential road system for the last seven years. Nawrocki questioned use of the remaining funds. Hansen stated that the rematrlmg balance is used for other state uses. Nav=rrockl questtoned zf Central A~tenue and Huset are paid. Hansen stated that Central Avenue is paid and Huset was bonded to be paid over the next four years. 15 City Council Minutes March 26, 2007 Page 9 of 22 Peterson asked if 37`h Avenue would be overlaid. Hansen stated that one-half is our responsibility and one-half is Minneapolis. Hansen stated his request to the City of Minneapolis to move this road up on their five year CUP, to about 2009. We will do pavement repairs. Motion by Williams, second by Nawrocki, to waive the reading of Resolution No. 2007-47, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to approve and adopt Resolution No. 2007-47 requesting Municipal State Aid System construction funds for other local transportation uses. Upon vote: All ayes. Motion carried. RESOLUTION No. 200?-47 BEING A RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL TRANSPORTATION USES WHEREAS, the City of Columbia Heights receives Municipal State Aid System (MBAs) funds for construction and maintaining 20% of its City streets, and WHEREAS, 11.54 MSAS miles are currently authorized, and WHEREAS, 11.54 MSAS streets have been built or resurfaced since 1964, and WHEREAS, the City currently has 47.08 municipal streets that require maintenance and upgrade, and WHEREAS, the majority of these streets have insufficient strength and poor surface drainage, and WHEREAS, it is proposed to systematically install or repair concrete curb and gutters for improved surface water drainage and additional strength to the streets for traffic survivability, and WHEREAS, the City State Aid routes are improved to State Aid standards and are in an adequate condition that they do not have needs other than additional resurfacing, and WHEREAS,. it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid allocation on local streets not on the approved State Aid system, and WHEREAS, the City proposes to rehabilitate the City-owned underground utilities as needed and rebuild the street in the process, and WHEREAS, it is proposed to use a portion of the City's population allocation funds to upgrade the local street, to wit: WHEREAS the City indemnifies save and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions, or causes of action arising out of or by reason or matter related to constructing the local street as designed, and WHEREAS, the City further agrees to defend at its sole cost any claims arising as a result of constructvng the local street, and WHEREAS, the final approval of the State Aid for Local Transportation Division is therefore given, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESO'1"A that the City of Columbia Heights, Anoka County Minnesota, requests the release of MSAS construction funds for the upgrade and rehabilitation of City municipal streets, to wtt: Ulysses Street (.iahnsan Street to Cul-de-sac} 39`x` Avenue (Cleveland to McKinley Street) Tyler Street (425` to 42°~ Avenues} 39 1/2 Avenue (Cleveland to McKinley Streets Polk Street (415` Avenue to Arthur Street McKinley Street (39 I/2 to 40"' Avenues) Hayes Street (37`h to 41 s` Avenues) Fairway Drive (49`~ Avenue to Fairway Drive) Cleveland Street (39`x° to 40"' Avenues) Tyler Street (49`h to 50`x' Avenues} 16 City Council Minutes March 26, 2007 Page 10 of 22 12) Adopt Resolution 2007-48 awarding Street Striping and Resolution 2007-49 awarding Seal Coat Nawrocki indicated that the public hearing has not yet been held. Hansen stated that is the next item far discussion and this contract allows 90 days to end the contract. Member cities are looking for a commitment. Nawrocki questioned who did the seal coat work last year. Hansen stated it is the same company. He addressed the difference in materials used and the desire to use trap rock. Nawrocki referred to a resident's letter that last year the streets were not properly covered and they had to scrape rack from their yards. Hansen indicated staff concern with the 2006 seal coat amount of loose aggregate. Nawrocki asked that staff meet with the resident. Hansen stated he has met with him and will meet again at the beginning of April. Motion Kelzenberg, Williams, to waive the reading of Resolution No. 2007-48, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Kelzenberg, second by Williams, to adopt Resolution No. 2007-48 being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2007 Street Striping Project to AAA Striping, based upon their low, qualified, responsible bid in the amount of $16.84 per gallon with an estimated cost of $1,060.00 to be appropriated from Fund 212-43190- 4000 and $325.00 to be appropriated from Fund 101-43170-4000. Upon vote: All ayes. Motion carried. RESOLUTION N0.2007-48 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2007 STREET MAINTENANCE, STRIPING PROJECT TO AAA STRIPING WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2007 Street Striping, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Company Amount AAA Striping $ 57,022.00 Traffic Marking Service $ 58,984.00 United Highway Technologies $ 63,608.00 Bergman Companies $ 68,012.50 WHEREAS, it appears that AAA Striping of Rogers, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA. HEIGHTS, MINNESOTA: 1. The City of Coon Rapids is hereby authorized to enter into a contract with AAA Striping on behalf of the City of Columbia Heights for 2007 Street Striping, according to the specifications for said project and accepting Traffic Markings Base Bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Street Striping Project shall be funded with 85% State Aid maintenance funds and 15% general funds. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2007-49, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-49, being a resolution. awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2007 Seal 17 City Council Minutes March 26, 2007 Page 1 I of 22 Coat Project to Allied Blacktop Company, based upon their low, qualified, responsible bid in the amount of $1.88 per gallon of emulsion and up to $42.60 per ton of aggregate with an estimated cost of $47,870.00 to be appropriated from Fund 415-50701-5130. Upon vote: All ayes. Motion carried. RESOLUTION N0.2007-04 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2007 STREET MAINTENANCE, SEAL COATING TO ALLIED BLACKTOP COMPANY WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2007 Street Maintenance, Seal Coating bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Company Allied Blacktop Company Asphalt Surface Technologies Pearson Brothers Base Bid Amount (Trap Rock) $ 983,774.22 $ 1,234,505.10 $ 1,247,020.89 Alternate Bid Amount Granite $ 935,599.82 $ 1,223,141.10 $ 1,101,381.41 WHEREAS, it appears that Allied Blacktop of Maple Grove, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The City of Coon Rapids is hereby authorized to enter into a contract with Allied Blacktop Company on behalf of the City of Columbia Heights for 2007 Street Maintenance Seal Coating, according to the specifications for said project. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Project shall be funded 100% by assessments. Nawrocki questioned why the hearing was not part of the regular Council meeting. Hansen indicated that is past practice. Diehm stated that public hearings are near the end of the meeting. Motion by Nawrocki to reconsider the motion to set the seal coating public hearing. Diehm question if Councilmember Nawrocki had a time conflict with this meeting. Nawrocki stated it should be part of the regular meeting. Peterson called for a second. No second was received. Motion died for lack of second. PUBLIC HEARINGS A) First reading of Ordinance 1522, Zonis Amendment to the Zoning Code as it Relates to Seasonal Outdoor Sales. Jeff Sargent, City Planner, stated the item on consent approved the Linder's outdoor garden center. He indicated these are yearly repetitive requests and the proposal eliminates the need for a Conditional Use Permit (CUP}, requiring a peddlers license. This ordinance would move seasonal outdoor sales to a permited use. Nawrocki agreed for greenhouse sales, but questioned the other types of Conditional Use Permits required, specifically fireworks sales. Sargent stated that fireworks stands do not currently fall under this code. Jim Hoeft, City Attorney, stated that fireworks are covered by State Statute. Diehm referred to the catnplaints last year of the outdoor garden sale structure that was spray painted. She indicated she understood staff concerns, but would feel more comfortable leaving this as a CUP. Sargent stated this was proposed by our Planning and Zoning Commission to be staff administered. Diehm asked if we have a season use permit. Sargent stated we do not. 18 City Council Minutes March 26, 2007 Page 12 of 22 Mohan by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1522, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to set the second reading of Ordinance Na. 1522 for Monday, April 9, 2007, at approximately 7:00 p.m. in the City Council Chambers. Nawrocki questioned the City Attorney on fireworks sales. Hoe$ stated they are covered under State Statutes, but could require a CUP. Diehm agreed that that most permits could be decided by staff, considering there are only about three a year, but bringing them before Council holds us accountable. Kelzenberg stated that the facility complained about last year was an eye sore. Sargent stated that facility would be requested again. Diehm asked if his request would come under this new ordinance. Sargent stated that he could withdraw and reapply under this ordinance, if approved. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, nay; Nawrocki, nay; Peterson, aye. 3ayes - 2 nays. Motion carried. Peterson suggested that Councilrnembers speak to our Planning and Zoning Commission members for more information on this. Diehm stated that she remembered this being added to the zoning ordinance during the last change. She asked that this be researched. B) Adopt Resolution No. 2007-37, being a Resolution for abatement of violations at 666-668 47'/~ Avenue Fire Chief Gary Gorman stated this was for the immediate abatement of a broken water pipe and the property is in foreclosure. Motion by Williams, second by Nawrocki, to close the public hearing and to waive the reading of Resolution No. 2007-37, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to adopt Resolution No. 2007-37, a resolution of the City Council of the City of Columbia Heights declaring the property at 666-668 47 %i Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-37 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Christopher and Tracy Decker (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 666-668 4T~~' Avenue 1~i.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on February 27, 2007. 19 City Council Minutes March 26, 2007 Page 13 of 22 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on February 2, 2007 the Fire Department was called to 668 47-1/2 Ave. N.E. after receiving information that there was water flowing out of the house. The Fire Department found that a water condition existed at the property and determined entry needed to be made by the firefighters to assess the health and safety of any possible occupants. A locksmith was called to assist in entry but was not available, firefighters forced entry into the structure. Once entry was made, personnel determined the heat to the house was turned off and that a water pipe had burst. The Public Works Department personnel shut the water off to the house. 2. That on February 27, 2007 notices were sent to the owner via regular and certified mail at the address listed on file. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Secured the units on building to prevent unauthorized access and shut water off to prevent any damage to the building due to cold weather. 4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(8). CONCLUSIONS OF COUNCIL 1. That the property located at 666-668 47~"' Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 666-668 47~~'- Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. C) Adopt Resolution No. 2007-38, being a Resolution for Rental Housing License Revocation at 1261- 1263 Circle Terrace Boulevard NE Gorman stated the property is occupied, but the owner has not submitted the rental license application. Motion by Kelzenberg, second 'oy `Jv'illiams, to close the public hearing and to waive the reading of Resolution No.2007-38, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Matian by Kelzenberg, second by Diehm, to adopt Resolution No. 2007-38, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Christopher and Tracy Decker regarding rental property at 1261-1263 Circle Terrace Boulevard N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-38 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter ~A, Article N, Section SA.408{A) of that certain residential rental license held by Christopher and David Decker {Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1261-1263 Circle Terrace Boulevard N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(8), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 6, 2007 of an public hearing to be held on March 26, 2007. 20 City Council Minutes March 26, 2007 Page 14 of 22 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on January 15, 2007, inspection office staff sent a letter requesting the owner of the property to renew the rental license of property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on February 15, 2007, inspection office staff reviewed the property file and noted that the property remained unlicensed. A reminder letter was sent by regular mail to the owner at the address listed in the property records. 3. That on March 5, 2007 inspection office staff reviewed the property file and noted that the rental for the property had expired effective February 28, 2007. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit a rental license application. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7522 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3.A11 tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. D) Adopt Resolution No. 2007-39, being a Resolution for Rental Housine~License Revocation at 1401- 1403 Circle Terrace Boulevard NE Gorman stated that the rental license application was not submitted. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No.2007-39, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-39, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article 1V, Section 5A.408(A) of the rental license held by Ruben Rodriquez regarding rental property at 1401-1403 Circle Terrace Boulevard N.E. Upon vote: A11 ayes. Motion carried. RESOLUTION 2007-39 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A} of that certain residential rental license held by Ruben Rodriquez (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1401-1403 Circle Terrace Boulevard N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 6, 2007 of an public hearing to be held on March 26, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on January 15, 1007, inspection office staff sent a letter requesting the owner of the property to renew the rental license of property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That an February 15, 2007, inspection office staff reviewed the property file and noted that the property remained unlicensed. A reminder letter was sent by regular mail to the owner at the address listed in the property records. 21 City Council Minutes Ivfarch 26, 2007 Page 15 of 22 3. That on March 5, 2007 inspection office staff reviewed the property file and noted that the rental for the progeny had expired effective February 28, 2007. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit a rental license application. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8208 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. E) Adopt Resolution No. 2007-40, being a Resolution for Rental Housing License Revocation at 4634 Polk Street -removed F} Adopt Resolution No. 2007-41, being a Resolution for Rental Housing License Revocation at 1316 - 1318 Circle Terrace Boulevard NE Gorman stated this goes back to a March 5`h complaint of no heat in the unit. The owner indicated the boiler needed replacement and he did not want to do that. He wanted to move the tenant to another building. On the next inspection there was no heat, only space heaters. Peterson stated the danger in using space heaters. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No.2007-41, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2007-41, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Michael Fortier regarding rental property at 13 i 6-1318 Circle Terrace Boulevard N.E. Upon vote: Ail ayes. Motion carried. RESOLUTION 20Q7-42 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article N, Section SA.408(A} of that certain residential rental license held by Michael Fortier (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real properly located at 1316 Circle Terrace Boulevard N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter jA, Article IV, Section 5A.408(B}, written notice setting forth the causes and reasons for doe proposed Council action contained herein was given to the License Holder on March 6, 2006 of an public hearing to be held on March 26, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the Ctty of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on March 5, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted one violation. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed an the Rental Housing License Application. 2. That on March 6, 2007 inspectors for the City of Columbia Heights, reinspected the properly and noted one violation 22 City Council Minutes March 26, 2007 Page 16 of 22 remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on March 16, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: 1316 -Complaint of no heat on the 1316 side. Given 24 hours to repair. Owner was contacted by phone on 3/5/07. Advised 24 hours to correct. Contacted by tenant on 316/07 at approx. 12:00. Not repaired. Called and advised owner of starting revocation process. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III 5A.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7729B is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. G) Adapt Resolution No. 2007-42, being a Resolution for Rental Housing License Revocation at 3820 Haves Street -removed H) Adopt Resolution No. 2007-43, being a Resolution for Rental Housing License Revocation at 573 37a' Avenue NE Gorman stated that this owner came in prior to the Council meeting, and requested this item be tabled. Motion by Kelzenberg, second by Williams, to table the Rental Housing License Revocation at 573 37a` Avenue NE. Nawrocki questioned item 6G that was removed, stating that 3820 Hayes has a different address on the house than the garage. Gorman stated it is a duplex. Nawrocki referred to the Eagan townhouse fires and asked if we have anything in our requirements to eliminate ±he spread of fire. Gorman stated that all of our town homes have sprinklers installed. ITEMS FOR CONSIDERATION I) Other Ordinances and Resolutions 1. Annroval of Lot Split, CUP and lot area Variance for a new twin home located at 4920 Tvler Street. Sargent stated the zoning ordinance has been changed to require a CUP for this type request. The applicant would like to sell the homes to potential owners, rather than rent them. The variance is required because they are not of equal size. There are four conditions required to approve a zero lot line. Sargent described the size requirement. This was a single family house that was changed to a duplex. It does meet the requirements of a twin home. Nawrocki stated he felt this was not a good idea. It is alright if the owners get along, but if they disagree there can be problems. The Planning and Zoning minutes refer to questions about the garage that the attorney was to answer. Sargent indicated that the homes would be owned, not rented, and they would require signed agreements on shared walls and for joint driveway use. Sargent stated he would look at our ordinance and review the interpretation with. our attorney. 23 City Council Minutes March 26, 2407 Page 17 of 22 Diehm asked if it would be conforming as a twin home. Hoeft indicated that twin homes are not the same as residential and we would not require two 20x20 garages. Nawrocki questioned where the last twin home built was located. Peterson stated at 39`h and Reservoir. Nawrocki questioned the number of garages and the driveway width requirement. Hoeft stated that the depth is regulated. Sargent stated the assumption that driveways widths match the garage. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2007-31, there being ample capies available to the public. Upan vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2007-31, approving a minor subdivision at 4920 Tyler Street, subject to the conditions outlined in Resolution No. 2007-31. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. RESOLUTION N0.2007-31 RESOLUTION APPROVING MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR BRUCE WHITNEY WHEREAS, a proposal (Case No. 2007-0201) has been submitted by Bruce Whitney to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 4920 Tyler Street EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDMSION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on March 6, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of--way for the purpose of gaining access to the property. d. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in the §9.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall became part of this subdivision approval. CONDITIONS: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of $3,132.00, due at the time of final approval by the City Council, and prior to any permits issued far the property. Motion by Ielzenberg, second by Williams, to waive the reading of Resolution 2007-32, there being ample copies available to the public. Upon vote: Atl ayes. Motion carried. 24 City Council Minutes March 26, 2007 Page 18 of 22 Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2007-32, approving a Conditional Use Permit far a twin home located at 4920 Tyler Street, subject to the conditions outlined in Resolution No. 2007-32. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. RESOLUTION N0.2007-32 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR BRUCE WHITNEY WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0201) has been submitted by Bruce Whitney to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4920 Tyler Street LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (F)(3)(b). WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 6, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. l0. 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. 11. The use will not cause a negative cumulative effect, when considered ui conjunction with the cumulative effect of other uses in the immediate vicinity. 12. The use complies with. all other applicable regulations for the district in which it is located. FL`RTHER, BE TT RESOLVED, that the associated conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1 } calendm~ year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The shared party wall shall have not less than cone-hour fire resistive rating with exposure from both sides. 3. A shared parking/driveway easement shall be drawn up and recorded with Anoka County for the shared use of the driveway. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2007-33, there being ample copies available to the public. Upon vote: All ayes. Motion carried. 25 City Council Minutes March 26, 2007 Page 19 of 22 Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2007-33, approving a 1,199.5 square foot lot area variance for the southern parcel. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson; aye. 4ayes - 1 nay. Motion carried. RESOLUTION N0.2007-33 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR BRUCE WHITNEY WHEREAS, a proposal (Case # 2007-0201} has been submitted by Bruce Whitney to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4920 Tyler Street LEGAL DESCRIPTION: On file at City Hall THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 1,199.5 square foot area variance for the creation of a new lot per Code Section 9.109 (D}(4).. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on March 6, 2007; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of Fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the associated plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. ADMINISTRATIVE REPORTS Report of the City Manager Fehst • Our hauler, BFI, will again pick up leaves and grass clippings from April 16 through November. • 5I 34 Washington - a few of the issues have been addressed. Hansen stated that the issue of a pedestrian crossing went to the Traffic Commission two years ago, but no action was taken. Park improvements were allowed in the 2006 budget, but there were no speciftc park improvements completed. if so directed by Council, improvements can be discussed with the Park and Recreation Commission and completed this year. Equipment is not A DA complaint. Flansen stated that a handicapped child warning sign should also by brought to the Traffic Commission. Nawrocki referred to the green lumber with arsenic used for play equipment. Hansen stated that used to be the common treatment. 26 City Council Minutes March 26, 2007 Page 20 of 22 Motion by Nawrocki to refer street stripping and handicap child sign be referred to the Traffic Commission and the park slide concerns be referred to the Park and Recreation Commission. Nawrocki requested that the resident and Council receive responses to these items and that the resident receive a response to the arsenic treated wood. Peterson explained green treated lumber. Fehst indicated that it would be referred to the Park and Recreation Commission to replace the wood this year. Nawrocki indicated that this area was designated as a passive park. Fehst stated that the resident will be infomled of the respective meetings. Second by Williams. Upon vote: All ayes. Motion carried. Nawrocki • City Newsletter -asked staff to consult with Jamboree officials Wally Logacz and Joe Berzak on the news article for this event. • 4752 5`I' Street house -, had not shoveled the snow from the sidewalk. Thought our abatement code made it the responsibility of the property owner. • S 1 S` and University -Saturday there were three vehicles there without current licenses. + Green sheet Recreation item regarding bowling -the event was held in Hilltop. Have we talked to the local bowling alley about having our events there? • Annual Report -disagreed with budget information in the City Manager's letter and requested information on the labor relations report and what the grievances were. • Manager's remarks on discussing Nawrocki with the State Auditor. • Requested updates on the activity center and Central Avenue TIF District. Fehst stated he would not comment on the first item. We are trying to contact Ms. Kaldor to see when a presentation could be made to the ACCAC Committee or to include them in the April 2nd presentation. The TIF Legislation it was heard in the House and Senate today. Nawrocki stated he wanted more information on what he is being charged with ar accused of. Fehst stated that Councilrnember Nawrocki would get the information, if there was any. Nawrocki asked if he would speak to the State Auditor about the name calling that was done to him. Fehst stated that has nothing to do with it. Peterson stated this is not a forum to discuss this. Nawrocki referred to threats made against him. Nawrocki referred to the article in the newspaper about Bruce Nedegaard's situation and that maybe the auditors should be talking about that too. Report of the City Attorney -nothing to report. CITIZENS FORUM Nawrocki referred to a letter received March 8 that was not sighed. Peterson indicated that if it was anonymous, it did not deserve reading. Nawrocki read portions of the letter, critical of him and of Council actions. He indicated the desire that the person call him with their concerns so he could discuss them with them. He stated that he does not refuse to talk to any one, believing in openness in government. z7 City Council Minutes March 26, 2007 Page 21 of 22 COUNCIL CORNER Kelzenber~ • Volunteer recognition dinner will be held on March 29. Hope to get more citizens involved. • When hear disucsion on the liquor stores, believe people don't understand the process. This should have been done 20 years ago. This will improve the tax base. People don't see the liquor store numbers. People don't think we need a community center. We do need it and need to do things for the future of our city. He stated he would stay out of the debate and will vote the way he feels with the thought of the future in mind. Williams • Agreed. We must make decisions for the future of the city. Citizens of the city want us to be in the liquor business. They voted for it twice. We will attempt to get the right store and build a building that could be used for something else. • Enjoy the nice weather. • Summarized a 33 page letter regarding a random act of kindness. • Please do not send anonymous letters, sign your name and give a phone number. There is no paint to read them if they are not signed. • Pray for one another and do a random act of kindness. Stated his gratefulness for our staff. • It is great that citizens assist our police. Fehst asked that residents ca11911 when they see problems. Diehm • March is MN food share month. There was a successful Empty Bowls event at Murzyn Hall. • The March value is integrity, defined as honesty and sincerity. Nawrocki • Regarding that citizens don't have the information they should have; Council also doesn't have all the information they should. • The TIF district extension equates to $2,500 a year per party. • Commended the Police Department on using the reverse calling system to warn residents of scams. + Attended the National League of Cities conference in Washington D.C. Listed the meetings attended and referred to materials he has available to share. Met with our new congressman and discussed items such as financial participation, community block grant program and cable restrictions, and when we can get our troop out of the Middle East. Referred to the hardship this places on the troops and their families. • Concerned about the large number of mortgage foreclosures and large delinquent tax list in the local papers. This is an indication that we are taxing people out of their homes. Peterson • Kelzenberg, Fehst, and he also attended the National League of Cities conference, listened to speeches by Senators Clinton and Coleman and met with Senators Klobachar, Ellison, and Oberstar. Senator Ellison indicated he would be happy to attend one of our meetings. Everyone was a pleasure to meet and all expressed concern about our military troops. • We are modest in our tax base. Concerns are adjustable loans and people paying more for homes than they could afford. We need to try and help others. • Anonymous letters often have statements made in error. The writer is better to add their name so concerns can bP discussed. • Stated pride in our police and as citizens we must watch over our neighbors. za City Council Minutes March 26, 2007 Page 22 of 22 • The article about Mr. Nedegaard was very unfortunate. He died three weeks after his wife. The article did a disservice to his family. "He was a good friend to me and I am proud to have known him." • Don't take ourselves too seriously, and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:45 p.m. Patricia Muscovitz CMC Deputy City Clerk/Council Secretary 29 s ~~-z-~. ECONOMIC DEVELOPMENT AUTHORITY (EDA} REGULAR MEETING MINUTES February 27, 2007 CALL TO ORDER/ROLL CALL President, Murzyn, Jr. called the meeting to order at 7:00 p.m. Present: Don Murzyn Jr., Patricia Jindra, Bobby Williams, Bruce Nawrocki, Tammera Diehm, Gary L. Peterson, Bruce Kelzenberg and Marlaine Szurek PLEDGE OF ALLEGIANCE Peterson announced the acceptance of Don Murzyn Jr's resignation. Streetar presented Murzyn with a Certificate of Appreciation and thanked Don for all of his hard work. OATH OF OFFICE Peterson performed the Oath of Office to Marlaine Szurek. ELECTION OF PRESIDENT'S SUCCESSOR Streetar opened the nominations for President. Jindra nominated Nawrocki. Williams nominated Diehm. Kelzenberg nominated Peterson. Diehm respectfuNy declined the nomination. A white ballot vote was taken. Vice President, Jindra accepted the paper ballots and announced the results. There were three votes for Nawrocki and four votes for Peterson. Jindra declared Peterson as President. CONSENT AGENDA Approve Minutes of January 23, 2007 regular meeting and the Financial Report and Payment of Bills for the month of January on Resolution 2007-04. Nawrocki added the following amendments to the minutes: 7. On the first page it says motion by Peterson, second by Jindra, to approve the consent agenda items 3 and 4 as listed. The resolution should be listed in the motion. 2. Business Items- Resolution 2007-03, the resolution should be a part of the minutes. MOTION by Kelzenberg, second by Williams, to approve the Minutes of January 23, 2007, with the above listed amendments, and Adopt Resolution 2007-04, a Resolution approving the Financial Report and Payment of Bills for the month of January. All ayes. Motion Carried. EDA RESOLUTION 2007-04 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA} APPROVING THE FINANCIAL STATEMENT FOR JANUARY 2007 AND PAYMENT OF BILLS FOR THE MONTH OF JANUARY 2007. WHEREAS, the Columbia Heights Economic Development Authority (EDA} is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money an hand is to be 30 Economic Development Authority Meeting Minutes February 27, L007 Page 2 of 7 applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the month of January 2007 and the list of bills for the month of January 2007 are attached hereto and made a part of this resolution; and WHEREAS, the EDA has examined the financial statement and the List of bills and finds them to be acceptable as to both form and accuracy. NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the attached financial statements and list of bills, which are attached hereto and made a part hereof, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the list of bills as presented in writing are approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent records of the Columbia Heights Economic Development Authority. Passed this _ day of , 2007. MOTION BY: SECONDED BY: AYES: NAYS: Attest by: President Cheryl Bakken, Assistant Secretary BUSINESS ITEMS Adopt Resolution 2007-05, Consulting Services Agreement GMHC Partenheimer introduced Suzanne Snyder from the Housing Resource Center and stated they would like to present a Consulting Services Agreement far $15, 000 for the year 2007. The $15, 000 helps fund services for residents of Columbia Heights. Some of the services include construction consultation, homebuyer information, home impravement infarmation, mortgage foreclosure prevention assistance, and the MHFA Fix-Up Fund loan. Residents, regardless of their income qualify for these services. This is an agreement the EDA has had with GMHG since 2002. Staff is recammending authorizing another year of these services. tVawrocki asked if fhey hadn't already given them $35, 000 and where would the money come Pram. Streeter stated the $35; 000 was for the Hame Rebate Program where residents receive a rebate for fixing up their home and that the funding for consultant services comes from revenues received from the Parkview Villa antenna fund, 226. 31 Economic Development Authority Meeting Minutes February 27, ?007 Page 3 of 7 Peterson stated we have cable accessible available to us and suggested staff set something up to advertise the programs. Motion by Diehm, second by Jindra, to Adopt Resolution 2007-05, a Resolution Approving the Consulting Services Agreement with the Greater Metropolitan Housing Corporation (GMHC), and appropriating $15,000 from Fund 226- Special Projects for the same; and furthermore, to authorize the President and Executive Director to enter into an agreement far the same. All ayes. Motion Carried. EDA RESOLUTION N0.2007-05 A RESOLUTION APPROVING THE 2007 CONSULTING SERVICES AGREEMENT WITH THE GREATER METROPOLITAN HOUSING CORPORATION (GMHC), AND APPROPRIATING $15,000 FROM FUND 226- SPECIAL PROJECTS FOR THE SAME. WHEREAS, the Greater Metropolitan Housing Corporation has agreed to provide consulting services. WHEREAS, the Columbia Heights Economic Development Authority through its Comprehensive Plan has established as a goal the preservation of the single-family housing stock. WHEREAS, the Greater Metropolitan Housing Corporation has provided housing preservation services since 2002. WHEREAS, the residents have found these services to be a significant assistance to help preserve and maintain their homes. THEREFORE, BE IT RESOLVED, that EDA approves 2007 Consulting Services Agreement with the Greater Metropolitan Housing Corporation and appropriating $15,000 from Fund 226. Passed this day of 2007. Offered by: Seconded by: Roll Cali: President Walter R. Fehst, Executive Director Adopt Resolution 2007-06, Expiration of TIF District N7 Medtronic TIF Streeter stated he would like to explain both this item and the next one on TIF District's 1V7, P3, P4, and S7. During the end of 2006 there where nine tax increment Districts that were in place, As of ?2-31-2006 the lV7', 53rd Avenue, Medtronic district, established in the 90's expired. The county has already decertified the district. At this time you are just acknowledging the Decertification. Motion by Diehm; second by Nawrocki; to Adopt Resolution 2007-06, a Resolution Acknowledging the expiration of Tax Increment Financing District N7 of the City of Columbia Heights. All ayes. Motion Carried. 32 Economic Development Authority Meeting Minutes February 27, 2007 Page 4 of 7 CITY OF COLUMBIA HEIGHTS ECONOMIC DEVELOMENT AUTHORITY COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION N0.2007-06 RESOLUTION ACKNOWLEDGING THE EXPIRATION OF TAX INCREMENT FINANCING DISTRICT N7 OF THE CITY OF COLUMBIA HEIGHTS EDA WHEREAS, on December l I, 1995, the City of Columbia Heights Economic Development Autl?ority (the "EDA")created. its Tax Increment Financing District No. N7 (53`d Avenue/Medtronic) (the "District"), within the Central Business District Redevelopment Project (the "Project") and authorized a Development Agreement and a Pay As You Go tax increment obligation; WHEREAS, the Limited Revenue Note (Pay As You Go) obligation f?as been paid according to the stipulations in the Development Agreement and the obligation is no longer outstanding, and WI-IEREAS, the District expired on its statutorily required decertification date; and. WHEREAS, there are no parcels located in the District which cun•ently have delinquent taxes under the dw•ation limits; and WHEREAS, the Tax Increment Financing plan adopted on December 11, 1995 for Tax Increment Financing District No. N7 requires, pursuant to M.S. 469.176, Subd.t b (a) (3) economic development districts, that the duration of tl?e Tax Increment Financing District N7, 53rd Avenue/Medtronic will be the earlier of nine years after the date of receipt by the EDA of the first tax increment or eleven years from approval of the tax increment financing plan, whichever is less, and WHEREAS, the receipt of first tax increment was July of 1998; and WHEREAS, December 11, 2006 is eleven. years from approval and December 31, 2007 is nine years from first receipt, and WF-1FRFAS, tl?e D!SCCICt expired on DecembeC 1 1, 2006, and WHEREAS, the EDA desires to acknowledge the expiration of the District; and NOW THEREFORE, BE 1T RESOLVED by the Economic Development Authority of the City of Columbia Heights that the E DA's staff shall take such action as is necessary to inform the County Auditor of Anoka County that the District expired and to no longer remit tax increment from the Dish•ict to the City. Dated: February 27, 2007 President ATTEST: Walter R. Fehst- Executive Director adopt Rese~lttt6ort 2007-07, De~ert6ficati®n a~f TIF ©as#rit;ts P3/P41S7 Streeter stated this item is the Decertification of the P3lP4lS7 districts. Back in 1997 the City established a scattered site financing districf, which was part of special legislation that was passed to make this opportunity available to not only Columbia Heights, but for Richfield, Bloomington, Duluth and Minneapolis. (Nothing really 33 Economic Development Authority Meeting Minutes February 27, ?007 Page 5 of 7 happened in that district. The purpose of the scattered site district was to buy dilapidated homes, tear them down, resell the lots to home builders and use the tax increment generated off the new home, which would have a higher value to pay back the redevelopment costs. The City never really had the funds to do this, so nothing was done. Diehm asked if Streetar was stating that because there are no outstanding obligations or TIF notes there is really no value for us to hold this open. Streetar stated there are options with some of these districts to pool revenues, which means you can use up to 25% outside the district, but this fund generates such a little amount, it wouldn't benefit the City. Peterson asked if it costs us to keep it. Streetar stated it would be a small percentage that you would pay to the state auditor and something to the county, the internal cost is minimal. Motion by Diehm, second by Williams, to table this item, where Steve Bubul could come to our meeting or provide staff with some background on any possible advantages there may be to keeping the districts open, and ask if there is any detriment to our proposed legislation. All ayes. Motion Carried. 2007 Update 40' & University Streetar stated he and Schumacher were at Sarna's today. The owners stated they had over 1200 people apply, and hired 160. Schumacher stated the restaurant would be open to the public on March 6th. The quality of the restaurant is better than a Redstone and that the materials used in the facility is outstanding. The wait staff and bar tenders were trained professionally. fi took 5 years to put this project together. If you look at what this new facility is, you should be proud to say you were apart of it. Industrial Park (Parkviewt Streetar stated the buildings are completely demolished and the contamination is approximately 99.9 percent remediated. Peterson stated it would be great if we could put together a book of pictures, showing how the project developed. Streetar stated Cher Bakken has taken hundreds of pictures and she could put together a book far the board. Diehm agreed this would be good to have. Grand Central Lofts Streetar stated the new owner, Dave Klober, is working with two parties, who both want to develop the site. They understand the vision of the EDA and the plan that was presented by Eruce Nedegaard back in April of 2006. I-le will be meeting tornorrotr~/ with the representative for the project and hopes they would be coming to the EDA sometime aeon with what fhey propose to do. 34 Economic Development Authority Meeting Minutes February 27, ?007 Page 6 of 7 37~' & Central Streetar stated the Anoka County HRA recommended we receive $55, 000 for demo to fhe county board. The county will take action in June and the money will be available to the City by July 15t. Comfort of Homes on 3T~" & Stinson Streetar stated the demolition of the theatre has started. 39t" & Central Streetar stated Lee Frankman, representing Gene Mady and Doug Foss would be meeting with him sometime soon. The City was awarded $160,000 for the demolition and cleanup of the property that has to be used before the end of this year. If for some reason we don't make the deadline, we could reallocate the money to another project in the City. One idea is to use if for the demolition of the liquor store on University Avenue. The first priority is Mady's. Comprehensive Plan Streetar stated in March or April he would be coming to City Council to review the Comprehensive Plan RFP. Point of Sale program Streetar stated he hopes to have it ready for approval this year. Other Business Peterson stated we are moving so fast, and accomplishing so much, we should take a moment to pat ourselves on the back far doing all of this, in such a timely manner. Taco Bell Streetar stated he had one more update he wanted to give, which was the Taco Beli redevelopment. Jeff Sargent provided a review of the Taco Bell proposal. Sargent stated the plans have thirteen deviations and would require three variances. The main paints they deviated from our Design Guidelines are: 1} building orientation, 2) drive-thru orientation and 3) franchise architecture. Building Orientation-What our guidelines require is that the buildings face Central Avenue. Their proposal has the buildings facing each other. This design required a variance for parking stall lengths and signage for Taco Befl. E2rive Orientation- What we would like to see is a drive through on the side of the building; they proposed if between Central Avenue and Taca Bell. Franchise Architecture- they proposed a type of signage known as a pylon box lit sign, which is the same as their existing sig;,. ~/hat the Clty wants is an externaf9y lit monument sign. Peterson stated he met with Barb, the repre tentative from Border Foods who said since Economic Development Authority Meeting Minutes February 27, 2007 Page 7 of 7 they have done the other projects, they have changed (heir format as far as architecture and will be sticking with their franchise architect. She would take us around and show us some of their projects, she sent me some pictures, we discussed the issues, she talked about Starbucks being interested and agreed to have afollow-up with him. However, l will be out of town for a couple of weeks so I asked Streetar what we should do and he suggested we bring it tonight. Now, if we want to go move forward and meet with them, at leasf we know the facts. Szurek stated Jim, from Border Foods told her he was done fooling with her, he's going to go to the people who really matter and will make policy. He wanted her to make policy and she said that is not her job, she makes recommendation to the City Council. If you want to talk fo the people who make policy, Falk fo the City Council. So he said that was what he was going to do as he wasn't going to mess with her anymore. Fehst suggested we tell them if they meet our requirements, we would be putting up our liquor stare sign that will match, or possibly we could tear down their building at the same time we tear down the buildings for our liquor store. Diehm stated she agreed. Peterson stated Planning and Zoning went Through all of this, discussed holding a meeting with us, didn `t feel this information was bias, just informational. When Streetar asked him if staff could bring this information to the meeting, he told him it was a good idea. This doesn't mean we can't have another meeting from here. He would try to set up a meeting the morning of March 19th, 20th or 22"d, which will be after they are all back in town. If anyone has any questions for Border Foods in mind, to please get them to Streetar before the meeting. Other Business Nawrocki asked who was going to talk about the TIF information. Streetar stated because he requested the information, he provided it to everyone on the board. h`e could come to his office, make a List, and have Ehlers come in to explain this. ADJOURNMENT President, Peterson adjourned the meeting at 9:20 pm. Res ectfully s~ed, -~-~--- Che Bakken Community Development Secretary H:\EDaminutes200712-27-2007 36 ~~~ ~~ ~~ PLANNING ANIJ- Z®NING C®iVlli~IISSIGN ~~ ~ ~ ~`t 3 ~,'~c ~~} MINUTES ®li TILE REGLILAI2 MEETING APRIL 3, 2007 5- /~ -~ - G 7:00 P11~I The meeting was called to order at 7:00 pm by Chaizperson, Maclaine Szurek. Roll Call: Commission Members present- Thompson, Fiorendino, Peterson, and Szurek. Members Excused: Sclunitt Also present were Jeff Sargent (City Planner), Bobby Williams (Council Liaison}, and Shelley Hanson (Secretary). li~Iotion by Peterson, seconcletl by Fiarenduaq to approve the rr~ir~utes fr•ofn the t~~ieeting of 1'4~lar•c1~ 6, 2007. All ayes. A-LOTION P.~SSED. PUBLIC HEARINGS CASE NUMBER: 2007-0402 APPLICANT: Frattalone's Greenhortse L®CATIGN: 2261 37`t' Avenue NE REQUEST: Conditional Use Peranit for Seasonal Sales INTR®I;sUCTION Frattallone's Ace Hardware has applied for a Conditional Use Permit to allow the operation of a seasonal mini-garden center for flowering plants and retail sales. According to Section. 9.106 (G}(~) of the Zoning Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The ordinance limits the number of days that seasonal agricultural sales may occur to 90 days. The applicant proposes to operate the garden center for 90 days, from April 15~' through July 15a' (see attached letter). The attached site plan illustrates the ? 1'x48' tent location, which will be located directly in front of Ace Hardware. This site plan and configuration remains unchanged from previous years. The greenhouse structure will be the same as previous years with two, six-foot doors rema>,~ing open at all times during business hours. There will be at least two fire extu~guishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. The greenhouse will displace approximately seven parking spaces. This will be the Frattallone's 1~1`" year operating a temporary greel~liouse at this location in Columbia Heights. C®1~IPREI-IENSI~E PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service t~L2sinesses. The proposal is consistent with tl~e intent of the City's Col~~prehensive Plan. 37 PZANNII`dG & ZONII`iG COMMISSIOIr1 iVIINUTES PAGE 2 APRIL 3, 2007 ZONING ORDINANCE The property is zoned GB, General Business, in which retail sales are permitted. The Frattallone's proposal will impact approximately seven parking spaces. The property upon which the tent will be situated has 162 parking stalls devoted to the shopping center use. The shopping center itself is required to have a minimum of 132 parking stalls. Overall, the proposed tent will have relatively little impact on the site, as there is currently an abundance of parking spaces and drive aisle access will not be impacted. Please note that the Fire Department has reviewed the proposal and has no col~cerns regarding it. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit. 1. The use is one of the conditional uses listed for the zoning district uz which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Seasonal agr-icultur°al sales is a Conditional Use, and is considered retail sales, 1~~12~ich is permitted in the GB, General Business Dish^ict. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Pkrn gzrides the subject property far commercial use. Retail sales, such as greenhouses, is a permitted use in the cornnaercial areas. 3. The use will not impose hazards or disturbing influences on neighboring properties. The outdoor teat and related business proposed will be placed irz the southeasterly portion of the parking Zot atii•czy front residential properties and should not have arty detrimental impact on neighboring properties. 4. The use :~rlll not s'abstantlall;r durmish the usP of property in tt,e ice,mediate vicil~lty. The garden center as proposed will have no impact on the use of adjacent pr°oper°ties. ~. The use will be designed, constnlcted, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. Frattallone's lurs been operating cr seasonal greer~hozrse at this location for 13 years, with the City experiencing nv complaints. The proposed garden center should not negatively in2pact the existing char-aster of the vicinity. 6. The use and property upon which the use is located a~-e adequately served by essential public facilities and services. ,4degr.rate public roadways czrzd necessary zrtilities currently serve the property. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. Tire traffio gerrer•ated by tlae garden center Yl-ill toot sigrzifzeantly ir~zerease the trc ffrc un the public streets, cznd the site is large ennugh to handle additional interior tt^c~c. 38 PLANNING &. ZONING COMMISSION MINUTES PAGE 3 APRIL 3, 2007 8. The use will not cause a negative cumulative effect on other uses in the inunediate vicinity. As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity, which ar°e coned for residential and commercial uses. 9. 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 GB General Business District. Staff recommends that the Planning Commission recommend the City Council approve the Conditional Use Permit for seasonal agricultural sales subject to conditions of approval outlined m the motion. Questions from members: Fiorendino asked if there had ever been any problems wixh tlus site. Sargent told the members, not to his kno«Tledae. Public Hearing was opened. I,here was no one present to speak on this issue. Public Hearing was closed. Matiorz by Peterson, seconded by Fiorendino, that the Planning Corrznaission reeonamends the City Council approve the Conditional Use Perrnit.for seasonal agr°iculta,aral sales at 2261 - 3~`r~ <4venue NE from April 1.ii°' through Jttly 1 S`h, 2007, subject to certain conditions of approval that have been found to be necessary to protect the pz.rblic interest and ensure compliance with the prrovisions of the Zoning arzd Developrnerat Ordinance, including: 1. The outdoor storage shall be located as indicated on the site plan. 2. .~ ,$.SQO deposit shall be submitted to the Community Development Department prior to instcrllatiorr of the structures on the site. The deposit shall be r•efinzded after the Conditional Use I'er-niit expires and the site has been cleaned arp. AEI. AYES. A~IOTIONI'4SSED. The attached resolution will go to the City Council at the April 9`" meeting. 39 PLANNING & 70NING COMMISSION MINUTES PAGE 4 APRIL 3. X007 RESOLUTION N0.2007-XX RESOLUTION APPROVI\TG A CONDITIONAL USE PERMIT FOR FRATTALONE'S ACE HARDWARE WITHIN THE CITY OiF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0402} leas beers submitted by Frattalone's Ace Hardware to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 2261 - 37`'' Avenue. LEGAL DESCRIPTION: On file at City 1-Tall. THE APPLICANT SEEKS THE FOLLOWING PERlL7IT: A Conditional Use Permit per Code Section 9.110 (E}(3)(g}, to allow outdoor sales or display. WHEREAS, the Planning Commission has held a public hearing as required by die city Zoning Code on April 3, 2007; WHEREAS, the City Council has considered the advice and recommendations of the Planning Conunission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safetg~ in tIae surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings ofthe Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. ~. The use will be designed, constructed, operated and maintained. in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets a,7d to provide for appropriate on-site circulation oftra~c. 8. Tl~e use will not cause a negative cumulative effect, when considered in conjurletion with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all ether applicable regulations far the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit tlae city and the applicant agree that this permit shall become null and void if the project has not been completed within atle ll) culeTldu~° year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: I. The outdoor- storage shall be located as iladicated on the site plan. 2. A $500 deposit shalt be submitted to the Conununity Develaprnent Department prior to installation of the structures ors the site. The deposit shall be refunded after the Conditional Use Pcnnit expires and the site has been cicancd up. 40 PLANNING &. ZONING COMMISSION MINUTES PAGE APRIL 3. 2007 CASE NUMBER: ?007-0=103 APPLICANT: City of Columbia Heights REQUF.,ST: Zoning Amendment to the Zoning Cade as it relates to Temporary Signs Staff proposes an?ending the zoning code regarding temporary signage to better implement the intent of the goals of the Comprehensive Plan and the Design Guidelines adopted for the Central Avenue al?d 40`" Avenue corridors. Sargent stated that tI?e pictures included in his report are ail eXalnples of signage that is allotiaed under our current code. He wal?ted to make it clear that staff is not singling out any particular business, but that the appearance of our business district and main corridor in tau~ll needs to be cleaned up. A ten?porary sign is defined in the City Code as "A sign, bawler, pennant, valance, or advertising device intended to be displayed for a limited period of time, whether portable or attached to the principal structure". The current zoning code allows for temporary signage that is not consistent with the intent of the Comprehensive Plan or Design Guidelines for the Central Avenue and 40`" Avenue corridors. The current code allows for clutter that is aesthetically unappealing and does not implement the policies outlined in Design Guidelines. A survey of the Central Avenue corridor revealed that there are approximately 112 temporary signs along the 2-mile stretch of road, not including the temporary signage used in the City 'of Hilltop. Sargent explained. tl?ere is a lack of effective regulation regarding temporary signage is found in the following areas: 1. The permitted location of a temporary sign on a building. 2. The number of temporary signs allowed on a building at any given time. 3. The duratlol? In ~vhlcl? a temporary banner may be displayed for. 4. Freestanding portable signage less than 8 square feet in area. LOCATION. The current Siun Code allows temporary sigl?s to be placed anywhere on the building. The cul-rent code would allow for sins to hang from canopies, roofs, posts, and the like. {Figure 1, and Figure 2). - ~.~ j_i--~- -- --~= t -~ a~-,~.c+~ez~ - F'ICL~I2F_ t -_ ,~/ t ;~ ~ _- k w ~- ~ ~-~ .~, -~ - _x-.-.'~ ..?~. - - F9tr UX E 3 41 PLANNING & ZONING COMMISSION MINUTES PAGE 6 APRIL 3, ?007 Appropriate language should be added to the ordinance limiting the placement of a temporary sign to ensure direct and full contact with the wall to which it is affixed. This placement is preferred, as it would promote a better aesthetic appeal. Temporary signs would no longer be able to be strung above bay doors ar hung from a canopy. A specific intent of the Design Guidelines is to focus on enhancing the building's architectural features, and regulating the placement of the signage would achieve this. NUMBER. The cun•ent Sign Cade allows any number of temporary signs to be placed on the building at any given time, and restricts each sign to be na more than 60 square feet in size. (Figure 3 acid Figure 4}. 1 f , . _ ... Eli . _ ~ _ . , .~ n JuHU~Y.'~I .. i ECItL' - ' f ,_ ~_ ~., _ . - f~a ~ ~ ~ ---_~ _- ___ ---- . ,~ ~ __ .-. -~ FIGURE 3 FIGURE 4 Allowing any number of temporary signs on a building increases the amount of clutter on the building and decreases its aesthetic value. In relation the businesses along Central and 40°i Avenues, it would be counterintuitive to mandate strict architectural design guidelines for a building, only to allow businesses to place as many temporary signs on the building as they pleased. Staff s preference would be to add language to the ordinance restricting the number of temporary signs a business would be able to display at any given time. This would be more consistent with the Design Guidelines as it would allow a beirter promotion of the architectural detailing of each building. DURATION. The cun•ent Sign Code not only allows for any number of temporary signs to be placed on a building, it also allows for the temporary signs to be in place for an indefinite at~rtount of time. The intent of allowing temporary signs is for promotional purposes, and they are not intended far permanent advertising. However, with no time duration established for temporary sign display, businesses can legally display temporary signs for any amount of time. (Figure 5 and Figure 6} csrz i~ s _ _ ' ~` ~~~ Cl~ '. __ _~. a tt ... 1 ~ . _ _.. _ ~~.~q~ _ ~ __ ,L~P`_ r ~c^ ; FIGURE 5 ___~_~ _~ ~-~ fI n~ i L~ Mme: M: FI(sURh' 6 42 PLANNNG & ZONING COMMISSION MINUTES PAGE 7 APRIL 3, ?007 Staff s preference would be to add language to the ordinance restricting the amount of time a temparary sign could be in place for, as well as restricting the total number of temporary signs a business could display in a calendar year. This would dramatically reduce the clutter on commercial buildings throughout the City and would be more consistent with the Design Guidelines. Further examples of temporary signs used as permanent signage can be found in Figures 7 and 8. _= n FIGURE 8 ~j~ j iV; PORTABLE SIGNS. The current Sign Code allows for ally number of freestanding temporary signs, as long as they do not exceed 8 square feet in size. The Sign Code does not regulate where the signs may be located, the materials the signs should be made of, the professionalism of the sign, or how long the sign may be erected. (Figure 9 and Figure 10). .~. ,_ "'m =; -. ~ _ ~ _,_ ~z. y$ «~~ _~.+_~r ~.. - f:y FIGURE 9 FIGURE 10 ~:,;. It wotEld be preferable if language tivere added to the ordinance to linut the number of freestanding portable signs as well as the placement of such signs on the property. Doing so would reduce clutter associated with t11e placement of numerous signs along Central Avenue and would inncrease the aesthetic value of Columbia F-leight's commercial corridors. Staff t~'at.ld alcn prPfaa• a r; a~}EPcr c,.l~tia~iti~}n arl~1P~-i try t12~ rrJrla a~ tt~ t11~ ty'r}~ C?f fi'~PStr~ildiitg p~}rt~~jl~ signage that would be allowable. Stafffeeis that eliminating "stick-in-the-ground" signs would be beneficial, as these types of signs tend to get knocked dawn, pulled out of the ground, or blown over. (figure 11 and Figure 12} 43 PLANNING & ZONING COMMISSION MINUTES PAGE 8 APRIL 3, 2007 ,W y -_ .~ ...~ ,~ E ~ r '^~~ ate. J t' ~3 ~'a ~ . .~ ~ _^6 :L g FIGURE 11 FIGURE l2 Without effective regulation to establish minimiun standards to guide the use of temporary sip==Wage, 40`'' Avenue and particularly Central Avenue will continue to have a shoddy, cluttered and Luilcempt appearance. The proposed amendments would not take away the ability for a business owner to utilize temporary signage, rather it would mandate a set of minim~.um standards to display a temporary sign, in the same mariner as displaying permanent signage. COMPREHENSIVE PLAN . Discussion of regulations begins with identifying the community's goals for aesthetics and image found in the Comprehensive Plan. The Comprehensive Plan identifies the goals; the purpose of the zoning ordinance is to guide private activity toward the achievement of those goals. The City's Comprehensive Plan indicates several goals for the economic and commmercial vitality of the city. Some of these goals include: 1. Establishing and maintaining a strong sense of community. 2. Strengthening the image of the community as a desirable place to live and work. 3. Enhancing the physical appearance of the conunarzity. 4. Improving the image of commercial areas as friendly and safe enviroiunents for residents and visitors. The implementation of these goals centers on the City's ability to redevelop the camn~ereial and retail sectors and establish a ii•iendly working and living environment for the residents of and visitors to Columbia Heights. A coalition vas Earned in ?002 to draft tl~e Design Guidelines required for future development and g-edevelapment projects along 40`'' Avenue and Central Avenue. The Design Guidelines establish a set of minimum standards far developers and the City to follow when constructing new buildings or building additions to existing apes. The intent of the Design Guidelines is to establish a basis far implementing the goals outlined in the Comprehensive plan. The proposed zoning amendments facilitate the ability to caa~ry this inte~?t forward. 44 PLANNlT1G & ZONING COMMISSION MINUTES PAGJr 9 APRIL 3, 2007 The objective in the Design Guidelines for signage is that ``signs should be architecturally compatible with the style, composition, materials, colors and details of the building, and with other signs on nearby buildings. Signs should be an integral part of building and site design'' The Design Guidelines regulate such tlitngs as the types of signs to be used, the shape of signs, the placement of signs on the building, the colors and materials tine signs could incorporate, and the illumination of the signs. Tl~e Design Guidelines incorporate these specific criteria in order to enhance the aesthetic appeal of the city. ~+II~iI~Ii~1GS 4~f+ ~+ACii' The City Council shall make the following 4 f ndings before granting approval of a request to amend the City Code. These findings are as follows: a} The amendment is consistent with the comprehensive plan. The proposed amendment would make the current standard far temporary signage more consistent with the intent of the Comprehensive Plan and Design Guidelines. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. "The Design Guidelines coalition formed in 2002 was partly comprised of citizens and business owners representing the public at large. The proposed amendment would establish standards along Central Avenue, which ~rould better reflect the intent of the Design Guidelines. For this reason, the proposed amendment would be beneficial to the public. c} Where the amendment is to change the zoning classification of a particular property, the existing use of tl~e property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The zoning classification of land wilt not change. d} Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has talLen place since such property was placed in its current zoning classification. The zoning classification of land will not change. Sargent reviewed the details of the Ordinance with the members. City Staff recommends that the Planning and Zoning Commission recamtnend appraval of the proposed zoning amendment as outlined in the attached draft ordinance. 45 PLANNING & ZONING COMMISSION MINUTES PAGE 10 APRIL 3. ?007 Questions by members: Peterson asked about the reference in the definition of a sandwich board sign of "a retail stare". He wanted to make sure that was a broad definition that would include any business providing a product or service. Fiorendino questioned whether this would affect temporary signs that are attached to permanent signs such as monument or pedestal signs. Sargent stated that if this Ordinance is approved, those types of signs would no Langer be acceptable. Any temporary signs would need to be attached to the building and could no Langer be attached to canopies, other signs, trees, or poles. Public Hearin was opened: No one was present to speak on this matter. Public Hearing was closed. Il~Iotiorz by Thompson, seconded vy Peterson, tlzat the Plar~rairzg Corrzrnissiorz reconzrnends the City Cozcrzcil approve the text arnerzdrnetzts a outlined irz the attached draft ordirzarzce. All ayes. MOTION PASSED. Fiorendino stated he thought this is a good thing for the City as a whole and that Central Avenue needs to be cleaned up and de-cluttered. He hopes the City Council will approve this Ordinance. Sargent said that once approved, staff will notify current business owners of the new restrictions, and work with them to see that their signage is brought into compliance. The first reading of the Ordinance will take place at the Apri19`h City Council meeting. ORDINANCE NO. ~;:~ BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE USE OF TEMPORARY SIGNAGE N THE BUSINESS DISTRICTS IN THE CITY OF COL-UMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia I-leighis City Code, is proposed to i~lclude the following additions and deletions. § 9.103 DEFINITIONS. Ft~r ,Tre purpose of this article, the fallc~wirrg defrnztinns sTrczll apply rrrrless tlae context clearly indicates or' reC~rrrr"eS L7l~rf~~r`E'nt r728arrrrrg. SIGl~, S~NI3i~VICH f3f~A1~D. A freestanding "A" 4'ranae sign, not requiring staking to flee ground, placed near the enfrac~ce of a retail stare to direct pedestria~as to that he~siness. 46 PLANNING & ZONING COMMISSION MINUTES PAGE 11 APRIL 3, ?067 Chapter 9, Article I, Section 9.106 (P) of rlae Colurazhia Heights City Code, is prroPosed to include the following additions arad deletions: § 9.1.06 GENERAL DEVELOPMENT STANDARDS. (P) Sigra Regulations. (6) Prohibited Sigaas. Sibls that are not specifically permitted in this division are hereby prohibited in all districts unless criteria is presented to allow the Planning Conmlissian to deem that the sign desibl preserves and maintains the community's unique historical and cultural elements. Without restricting or limiting the generality of the provisions ofthe foregoing, the following signs are specifically prohibited: (a) A balcony sign and a sign mounted or supported on a balcony. (b} Any sib 1 that obstructs and pain of a doorway or fire escape. (c) Any sigh which, because of its position, movement, shape, iIIumination or color constitutes a traffic hazard because it obstructs fi-ee and clear vision, or interrupts, confuses or misleads traffic. (d) A private sign containing words or symbols, which might reasonably be construed as traffic controls. (e) An animated or rotating sib1, except barber poles gild signs displaying time and temperature information only in the animated. or rotating portion thereof. (f) A flashing sign, including.indoor flashing, electrical signs visible from. the public right- of-way, other than time aild temperature sighs limited to such time and temperature infornation. (g) A sign or graphics painted directly on any exterior surface of a building or structure. However, sign letters and symbols may be attached directly to an exterior surface by adhesive oi- mechanical means. (h) ,4ny roof sign, unless attached to mansard roof or similar decorative style roof that is VetiiCai ill ilatiarc, (i} A projecting sign which either extends more than I S inches from the building or structure to which it is attached, or which is larger than. three feet in vertical height, other than canopy or marquee sib Is. (j) Any sign that does not display the name of the manufacturer or maker permanently attached to, or painted or printed an, the exterior or structural supports of the sign. (k) Any sign that is erected, placed or maintained by ally person on a rock, fence or trees. (1} Any sign that interferes with any electric light, or power, telephone, telecommunications, or telegraph wires, or the supports thereof. (nl) Any sign containing electrical wiring which does not conform to the Electrical Code, or the components thereof, do not bear label of an approved testing agency. (n) Any ~vuldow sign or signs which exceed 25% of the total area of the window on or in which it is displayed. (o) All portable signage °.,^~°a^,g ~:~'~+ ^ ;.•^~^ ~~°+, excluding sandwich board signs. (p) Temporary signage stuck into the ground, excluding political signs regulated per st~Yte statute, prol'ession~Yl real estate signs, garage sales signs, and any signs listed in Section 3.1.06 (i~}{5}. (1} 1'enrpar•aay Signs. The following standards shalt apply to temporary signs in ail zoning districts: (a) Each. temporary sig11, with the exception of sandwich board signs, shall require a sign pernlit from. the City of Columbia Neighis. 47 PLANNING & ZONING COMMISSION MINUTES PAGE 12 APRIT 3, ?007 (b) No more than four (4}temporary sign permits may be issued per business per calendar year. (c) No more than two (2) temporary signs shall be displayed per business at any given time. If the business is located within a shopping center, no mare than four (4} temporary signs may be displayed throughout the shopping center at any given time. (-a3(d) Any sig~l not considered permanent shall be considered temporary. (e) Temporary signage may not be used as permanent wall sibn~age for the business. (-1~}(fj Teanpos•ary ba~e~ signs or pem~ants s17a11 not exceed ~eet~-h• '?" r°°* ~^ ^~~°, 32 square feet in area for businesses located in the CBD, Central Business District, and shall not exceed 48 square feet in area throughout the remainder of the City and shall be directly and fully attached to the wall of the building. (g) Each temporary sign shall be limited to a 30-day display period per permit. ¢e-)(h) Na temporary signs shall extend over ar into any street, alley, sidewalk or other public thoroughfare a , ~'^^°a ^~ ^••°~°^+ ^• °- ^~~•• ~~~^", and may not cover mare than 25% of window area such that 75°l0 of the total window area is kept clear at all times. (dj(i) No temporary sign shall be erected so as to prevent free ingress to or egress from any door, window ar fire escape, nor shall sucl3 sign be attached to any standpipe or fire escape. (-e)(j) Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein. (k) Sandwich Board Signs. (1) Permitted in the LB, Limited Business, GB, General Business, and CBD, Central Business District only. (2) One (1) sandwich board sign is permitted per business. (3) Sandwich hoard signs are limited to eight (~) square feet in aa•ea per side. (4) Sandwich board signs are Limited to five (5) feet in height. (5) The sign shall be professionally painted and maintained in a neat and readable manner. (6) Signs shall be placed on private property only, and shall be setback at least five (5) feet from all property lines. (7) Signs shall not obstruct vehicular or pedestrian traffic or visibility and shall not create a safety hazard. (S} Signs shall not be lighted and shalt not utilize noise amplifies°s. (9) in the CBD, Central Business District only, sandwich board signs may be placed on public sidewalks, directly in front of the business being advertised. Bastion 2: This ordinance shall be in full force and effect from and after 3d days after its passage. CASE NUIYIBEI~: 2007-0=10=1 APPLICANT: City of Columbia gleights IZE~UEST: Zoning Amendrneezt to the Z®ning Coda as it relates to Parking Stall Lengths BACIiGRfIITND Staff proposes amending the zoning ordinance regarding parking stall lengths to better implement the intended goals ofthe Conzprellensive Plan. Reducing the parking stall lenb~ths ~vauld provide bettei° tlexibility in site design, while helping to potentially reduce hard surfaces and providing better on-site traffic circulation. as PLANNING & ZONING COMMISSION MIl~TUTES PAGE 13 APRIL 3, 2007 In the past year, the Sarna's Restaurant, Taco Bell and Comforts of Home have submitted land use applications requesting a variance to the parking stall length requirement. In all cases, the applicants requested a reduction from the standard 20-foot parking stall length to 18 feet. Ultimately, the Council approved the parking stall length reduction for the Sarna's Restaurant and Comforts of Home. In each case, the applicants argued that the 20-foot parking stall length was an unnecessary restriction, stating that an 18-foot parking stall length would result in better traffic circulation throughout the development, an increase in the amount of green space on the parcel, and less surface water runoff. Staff conducted a survey of the other first-ring suburbs, as well as Minneapolis and St. Paul, focusing on 90° head-to-curb parking stall len~ihs. The following table shows the results of the survey for standard sized cars: V City Stall Width Stall Length Brooklyn Center 8'8" 18' Columbia Heights 9' 20' Edina 8'6" 18' Fridley 9' 18' Golden Valley 9' 18'6" Maplewood 9'6" 18' C~ Stall Width Stall Length Minneapolis 8' 6" 18' New Brighton 9' 18' Plymouth 9' 18' 6" Robbinsdale 8' 6" 18' Roseville 9' 18' Saint Anthony 9' 19' Saint Louis Park 8'b" i 8' Saint Paul 9' 18' West Saint Paul 9' 20' Five cities, namely Columbia Heights, Golden Valley, Plymouth, Saint Anthony and West Saint Paul, require a parking stall length of greater than 18 feet. Of thaw five cities, only Columbia Heights and West Saint Paul require a minimtull parking stall length of 20 feet. Of the 15 cities surveyed, 10 cities allow a minimum. parking stall length of 18 feet. COMPREHENSIVE PLAN Discussion of regulations begins with identifying the community's economic development goals for promoting the city, found in the Camprehensive Plan. The Comprehensive Plan identifies the goals; the purpose of the zoning ordinance is to guide private activity toward the achievement of those goals. The City's Camprehensive Plan indicates several goals for the ecana~nic and eomt7~ercial vitality of the city, Same of these goals include: 1 F,ril~ance tt~e ecnr~ol?2ic viai,ility of ti,e ro~,,~nttnity. 2. Promote reinvestment in properties by the caY-nmercial and industrial nectars. 3. Provide a wide variety off employment apparttu~ities within the community. 4. Reduce and control excessive valun~es and rates of rainwater runoff. 49 PLANNING & 70NING COMMISSION MINUTES PAGE 1~ APRIL 3, ?007 The implementation of these goals centers on the City's ability to redevelop the commercial and retail sectors and establish a friendly working and living environment. Reducing the parking stall lengths from 20 feet to 18 feet would provide better flexibility in site design, traffic flow, and traffic accommodation on a property. FINDINGS OF FACT The City Council shall make the following 4 findings before granting approval of a request to amend the City Code. These findings are as follows: a} The amendment is consistent with tine comprehensive plan. The CorrrprelzensilJe Plarz indicates sei~eral goals for econornr.'c developrnerzt irz relation to the commercial sectors of the city. By r•educitzg the parking stall lengths, more flexibility ~~~ould be pronidect; which in turn could promote eeorzonzic gr-o~a~th througlzozrt the City. b) The amendment is in the public interest and is not solely for tlae benefit of a single property owner. The proposed amerzdnzent is consistent with the majority of the nzinimunz standards for parking stall lengths throughout the firsta•ing suburbs of ~L9inneapolis cmd St. Paul. The proposed arnerzdrnerzt is intended to benefit the Cit~}~ as a i~-hole. cj Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zonng classification. The zoning classification of land will not change. d) Where the amendment is to change the zoning classification of a particular property; there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The ?orzing classification of land will not clzcznge. Sargent reviewed the proposed Ordinance with members, and stated that staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment. Questions from members: Fiorendino wanted. to eonfiz7n that this amendment only elza,ages the length requirements on those stalls that abut a curb. This is because a vehicle can overhang part of the curb allowing extra space. The stalls that are designed head to head will still be required to be 9 ft in width and 20 ft in length. 50 PLANNII~?G & ZONING COMMISSION MINUTES PAGE I S APRIL 3, 2007 Public Hearing was opened. No one was present to speak on this matter. Public Hearitl~ was closed. Motion by Fiorendino, seconded by Thompson, that the Planning Commission reconztnel2ds the C1'ty Council approve the text amendn~~ents as outlined in the attached draft o1°dinance..~ll ayes. MOTIE~N P.4S.SED. The first reading of this Ordinance will be held at the April 9`~' City Council meeting. ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATIititG TO THE LENGTHS OF REQUIRED OFF-STREET PARKING STALLS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia.Heights does ordain: Chapter 9, Article i, Section 9.106 (L)(7)(a) of the Colwnbia Heights City Code, is proposed to include the following additions and deletions. §9.106 GENERAL DEVELOPMENT STANDARDS (L} v, fi=street parkiTrg and loadi~ag. (7) Design and r11ai1ateT7ance of parkn~g facilities. Off street parking facilities are subject to the following design and maintenance requirements: (a} Sipe of parking spaces. Each parking space shall be not less than 9 feet wide and 20 feet in Length, exclusive of an adequately designed system of access drives ^^~' .,,„-''°a ^~~°r'~^"b^. In the case where the parking space is abutting a curb at its narrowest dimension, the parking stall Iengtli enay be reduced to IS feet. v~ parking lots with more than 300 spaces, up to 4U% of such spaces may be designated and clearly marked as coanpact car parking spaces with signage that is reasonably visible year round. A compact car parking space shall not be Less than 8 feet wide and 18 feet in length, exclusive of the adequately designed system of access drive. Sectir~n 2: .1175 ordt7laT?Ce Shall 1?~' Zlt f2111 fof'CE' a71d G~feCtf7"UT72 alld aftL'T J'Q days C~IftG'f lts pCCSSage. 1°~EiV ~I1SINl~'SS Notle 51 PLANNING & ZONING COMMISSION MINUTES PAGE l6 APRIL 3, 2007 OTHER BUSINESS Sargent announced that he and the Community Development Director had met with Szurek to start tl~e process of updating the Comprehensive Plan. The RFP to contract with a Plam~ing Finn to help with this process went to the City Council at their work session April 3`d. It will be sent to four firms in the near future. This means the Commission will be busy with this matter during 2007 and that the public will also be involved in establishing the goals we want for our City. The meeting l~~czs czdjazt~°raec~ at 7: 3j pJn. ,All Ayes. Respectfiilly submitted, Shelley Hanson Secretary 52 CITY COUNCIL LETTER Meeting of: April 9, 2007 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: 5 - /~ -~ Recreation APPROVAL ITEM: City Newsletter Printing Quotations for 2007- BY: Keith Windschitl BY: ~ ,~ /~~„~ . /~ " 2008 DATE: April 3, 2007 1 ~ ,~ . NO: BACKGROUND: Staff has obtained price quotes for printing and mailing the 2007-2008 quarterly "Heights Happenings" city newsletters. Price quotes were requested from nineteen printing companies. Attached are the price quotes that were received by the Recreation Department. Company 24-Page Web Press 24-Page Sheet Fed Press Additional Color O tion Editor O tion Ra id Gra hics -Columbia Hei hts $4,655.00 $7,641.00 $1,705.00 N/A N strum Publishin - Ma le Grove N/A $5,299.] 5 $790.30 N/A Modern Press -New Bri hton $5,712.37 $7,273.63 $704.00 N/A Ra it Printin. -New Bri hton No Bid - - - Brookl n Printin -Brook] n Park No Bid - - - The John Roberts Com any - M Is. $7,165 $6,396 $913w/$1513s N/A Sir S eed -Fridley No Bid - - - Custom ra hix -Fridley No Bid - - - Anchor Printin -Eden Prairie No Bid - - - Infinity Direct-Plymouth No Bid - - - Church Offset Printin - St. Paul N/A $5,678.54 $1,288.30 N/A Alle ra - M Is. No Bid - - - Custom Business Forms - M Is. $4,512.00 $5,649.00 $618.59w/$395s $2,500.00 American Color Gra hics -Shako ee $7,013.30 - - - ECM Printin -Burnsville No Bid - - - Shapko Printing Inc. - M Is No Bid - - - Leftler Printin Co. -Edina No Bid - - - Hands on Design -Brooklyn Center No Bid - - - Brahaim Printin -Fridley No Bid - - - CONCLUSION: Staff is recommending that we award the low responsible quote of $4,512.00 per quarter for the printing, publishing, and distributing of the City newsletter to Custom Business Forms located in Northeast Mimleapolis. Staff has met with Custom Business Forms and is confident the quality of this web press will be a significant improvement over the current style. This price quote for 2007-2008 is a cost savings of $572.00 per year over the current price. The yearly cost fora 24 page newsletter would be $18,048.00. Our award for 2005-2006 was $18,620.00 with Rapid Graphics. A total of $19,000.00 has been budgeted in account 101-45050-3440 for printing and mailing City newsletters. RECOMMENDED MOTION: Move to enter into an agreement with Custom Business Forms far printing, publishing, and distributing the City newsletter based upon their proposal of $4,512.00 per issue for three publications in 2007 and four publications in 2008; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: 53 CITY COUNCIL LETTER Meeting of April 9, 2007 AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: CITY Fire MANAGER No. 5 "A-y APPROVAL ITEM: Adoption of Anaka County BY: Gary Gorman BY: {~` ~ ~~ Hazardous Mitigation Plan ~, No: DATE: April 9, 2007 DATE: Background: The State of Minnesota mandated that all counties and municipalities have a Hazard Mitigation Plan to maintain eligibility for state disaster assistance. Anoka County, along with help from all County municipalities wrote a plan that was then submitted to the Federal Emergency Management Agency and the Minnesota Department of Homeland Security and Emergency Management for review and approval. Approval by both agencies was obtained. Anoka County adopted the plan November 28, 2006. Analysis/Conclusions: The final step is for all municipalities to adopt the plan by resolution. It is staff's recommendation that the plan be adopted as submitted. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2007-44, there being an~pie copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2007-44, being a Resolution adopting the Anoka County Multi-Jurisdictional Hazard Mitigation Plan. COUNCIL ACTION: 54 CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA, MINNESOTA RESOLUTION N0.2007-44 RESOLUTION TO ADOPT THE ANOKA COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN WHEREAS, the State of Minnesota has ordained that every county and incorporated municipality in the state is required to have a Hazard Mitigation Plan approved by the Minnesota Department of Homeland Security and Emergency Management, to maintain eligibility for state disaster assistance after November 2004; and WHEREAS, the Federal Emergency Management Administration (FEMA) under the Disaster Mitigation Act of 2000 has ordained that every county and incorporated municipality within the county is required to have a Hazard Mitigation Plan approved by FEMA in order to be eligible for Hazard Mitigation Grant Program Funding for Presidential disasters declared after November 2004; and WHEREAS, under the Disaster Mitigation Act of 2000, the Federal Emergency Management Agency (FEMA) has issued an Interim Final Rule that details the minimum criteria for local hazard mitigation plans; and WHEREAS, the City of Columbia Heights agrees with the concept of and necessity for hazard mitigation planning; and WHEREAS, The Anoka Coturty Hazard Mitigation Planning Committee recommends the adoption of the Anoka County Multi-Jurisdictional Hazard Mitigation Plan and; WHEREAS, the Minnesota Department of Homeland Security and Emergency Management and the Federal Emergency Management Agency have conducted a review of and approved the Anoka County Multi-Jurisdictional Hazard Mitigation Plan; WHEREAS, the Anoka County Board of Commissioners formally adopted the Anoka County Multi-Jurisdictional Hazard Mitigation Plan on November 28, 2006; NOW THEREFORE, we, the City of Columbia Heights Council, hereby adopt the Anoka County Multi-Jurisdictional Hazard Mitigation Plan as submitted. Dated this _ day of Apri12006. Offered by: Seconded by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary s5 ANOKA COUNTY November 30, 2006 COUNTY OF ANOKA OFFICE of EMERGENCY MANAGEMENT Anoka County Courthouse 325 East Main Street !Anoka, MN 55303 {763) 323-5820 !Fax {763} 422-7504 Community Emergency Managers, Police Chiefs, Fire Chiefs - As you may know, the Countywide All-Hazard Mitigation Plan was sent to the state office of Homeland Security and Emergency Management in May, 2006. The state approved the plan as written, and forwarded it to the Federal Emergency Management Agency (FEMA) for review. FEMA has approved the plan exactly as written with no recommended changes -this is unusual, and speaks well of the quality of the plan. The Anoka County Board of Commissioners approved the plan and adopted it via resolution at its November 28 meeting. The final step to complete adoption of the plan is for each cammunity to adopt the plan via resolution. I am attaching a resolution template to this email. Feel free to modify it to include your community information. In the next few days, we will mail out to the primary Hazard Mitigation planning contact a CD that will contain the complete and final plan. Please print any necessary copies of the plan from the CD that you may need to obtain your local approval and adoption. An important note -the Appendix section of the plan (which will appear as a separate file on the CD) is not for public viewing, since it contains sensitive information, such as vulnerable locations and potential terrorist threats. Please take the necessary steps to protect the Appendix section of the plan from public viewing. If you would like myself or Terry Stoltzman to be in attendance at your municipal meeting when the issue is considered, we will be happy to help with that, schedules permitting -just advise me of the date and time. When your resolution is approved, please send us a copy. We will incorporate all of the signed resolutions into the plan, and send finalized copies of the adopted plan back to HSEM and FEMA. At that point, the plan is officially in place. Thanks for all of your hard work that went into campleting this important plan. If you have questions, feet free to contact me. If you want the CD sent to someone other than the primary Hazard Mitigation planner, let me know. John Tonding Communications Manager Anoka County 911 763-323-5$22 56 "County-wide Emergency Preparedness, Mitigation, Response and Recovery" Affirmative Action /Equal Opportunity Employer CITY COUNCIL LETTER Meeting of April 9, 2007 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY AGENDA FIRE MANAGER No 5`A-5 APPROVAL ITEM: AUTHORIZATION TO SEEK BIDS ON THREE BY: Gary Gorman BYG~ / ~,~' ~ ' GENERATORS. i DATE: APRIL I, 2007 DATE: No: Background: In September of 2005 a severe thunderstorm swept through the area causing the entire City to lase power. The City Hall building, due to the prior purchase of a new building generator, was fully operational until power was restored. This was not the case with other City buildings, specifically Murzyn Hall and Public Works. Both of these buildings are a vital. part of City services and are part of the City's overall Emergency Operation Plan. After the storm of 2005 Public Works did use their 1967 portable generator for power. Due to its size it only powers approximately 2J% of the building's needs. This is not sufficient. Besides providing essential services, the Public Works building is also the location of the back-up EOC. A 125 kW replacement generator is proposed, based on electrical usage, to power 100% of the buildings needs. Murzyn Hall has no back up generator at this time. The building has an exterior hook up for the portable generator. During the storm of 2005 the generator was used by Public Works, which left Murzyn Hall with no power and approximately 100 elderly residents stranded in the dark for many hours, without any building ventilation. This is not acceptable. Also, there have been other occasions that Murzy„ Halt has lost power while other events wore taking place. No one should have his or her wedding reception or events ruined because there is no back up power. Murzyn Hall is in the City's EOP as a shelter, which requires uninterrupted power supply. A l 50 kW generator is proposed. Public Works is proposing to replace the 1960's generator in the City pump house at 44`" Ave. and Reservoir Blvd. Due to age, and the fact it can only nm one of the two pumps makes this generator insufficient. A 100 kW replacement generator is proposed. Analysis/Conclusions: The overall goal of Emergency Management staff is for the City to provide 100% of vital city services during, and after emergencies. The purchase/replacement of these three generators brings us closer to meeting this goal. At this time both generators far Public Warks are in the 2007 budget. The Murzyn Hall generator is not in this year's budget. In discussions with generator vendors, the purchase of three generators at once will save approximately 5 - 7 % over buying them separately. It is our recon-tmendation that the generator for Murzyn Hall be purchased at this time with the other two due to the cost savings. RECOIdIENED generators, includin~ Murzyn Hall. MOTION: Move to authorize staff to seek bids far t11e purchase of ~ installation, for• the City pump house, Public Warks building and 57 CITY COUNCIL LETTER Meeting of: 4!9/07 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT CITY MANAGER S - ~-I~ PUBLIC WORIZS / ./' / ITEM: RESOLUTION SUPPORTING APPLICATION OF BY: K. Hansen BY~r"~~,/ ~/ ~~r A COST SHARING AGREEMENT(S) FOR THE DATE: 4/2/07 DATE: REPLACEMENT OF THE PEDESTRIAN BRIDGE AND A PEDESTRIAN/BIKEWAY MOBILITY PLAN Background: Transit for Livable Communities has secured federal funding for Minneapolis, St Paul and first ring suburbs to promote non- motorized transportation. Non-motorized Transportation Pilot Program (NTP) grants will be awarded (total dollars available) for Planning ($300,000), Operations (2.0 million}, and Infrastructure (5.0 million}. Analysis/Conclusions: Replacement of the pedestrian bridge over TH 65 at 49`h Avenue is estimated to cost $3.4 to 3.8 million. The existing bridge is not ADA compliant and is structurally questionable. The City has requested a federal grant for $2.8 nullion for this project. Due to priority ranking of deficient vehicle bridges in the state, Mn/DOT has indicated they would not have funding available for this project. Staff is recommending submitting an Infrastructure NTP grant application for the local share of this project, $600,000. City Council, Park and Recreation Board, conununity members, and staff have discussed ways to promote pedestrian and bicycle traffic within the City and adjoining communities. The Design Team supported this concept. Staff is recommending submitting a Planning NTP grant application for funding to develop a comprehensive bike and pedestrian mobility plan for the City. This plan is the first step in applying for future NTP grants and other federally funded grants for physical improvements. Recommended Motion: Move to waive the reading of Resolution No. 2007-55 there being ample copies available to the public Recommended Motion: Move to approve and adopt Resolution No. 2007-55 supporting request for infrastructure funding through the NTP grant program for the construction of a pedestrian bridge over Central Avenue (TH 65) at 49`x' Avenue. Recommended Motion: Move to waive the reading of Resolution No. 2007-56 there being ample copies available to the public. Recommended iviotion: Move to approve and adopt Resolution No. 2007-56 supporting request for planning funding tiuough the NTP grant program for a bike and pedestrian mobility plan. KH: jb Attachment: Resolution 2007-55 Resolution 2007-56 COUNCIL ACTION: 58 RESOLUTION NO. 2007-55 BEING A RESOLUTION REQUESTING CONSIDERATION OF INFRASTRUCTURE FUNDING THROUGH THE NON-MOTORIZED TRANSPORTATION PILOT PROGRAM FOR THE CONSTRUCTION OF A PEDESTRIAN BRIDGE OVER CENTRAL AVENUE (T.H. 65) WHEREAS, the City of Columbia Heights desires to reconstruct the pedestrian bridge over T.H. 65, at 49`'' Avenue NE; WHEREAS, the improvements will benefit both the City of Columbia Heights, surrounding communities and the Minnesota Department of 'T'ransportation; and WHEREAS, the City of Columbia Heights is committed to securing other federal, state, and local funding if the project is selected by Transit for Livable Communities as part of the Non- Motorized Transportation Pilot Program. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that the City shall be responsible for the preliminary engineering, project design, and permitting functions of said improvements; and BE IT FURTHER RESOLVED that the construction costs of the improvements not federally funded be shared between the Non-Motorized Transportation Program and the City of Columbia Heights. Dated this 9`" day of April, 2007. Offered by: BY Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk 59 RESOLUTION N0.2007 BEING A RESOLUTION REQUESTING CONSIDERATION OF PLANNING FUNDING THROUGH THE NON-MOTORIZED TRANSPORTATION PILOT PROGRAM FOR THE DEVELOPMENT OF A BIKE AND PEDESTRIAN MOBILITY PLAN WHEREAS, the City of Columbia Heights proposes to develop a comprehensive bike, trail and pedestrian plan; and WHEREAS, the plan will benefit both the City of Columbia Heights and surrounding communities; and WHEREAS, the City of Columbia Heights is committed to providing the local share of the costs if the project is selected by Transit for Livable Cornmwlities as part of the Non-Motorized Transportation Pilot Program. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that the City shall be responsible for the development and eventual implementation of the Mobility Plan; and BE IT FURTHER RESOLVED that the costs of the planning study be shared between the Non-Motorized Transportation Pilot Program and the City of Columbia Heights. Dated this 9`'' day of April, 2007. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Patricia Muscovitz, Deputy City Clerk so Gary Peterson, Mayor CITY COUNCIL LETTER Meeting of: 4/9/07 AGENDA SECTION: CONSENT AGENDA ITEM: APPROVE CHANGE IN THE CURRENT PROCEDURE TO DISPOSE OF APPLIANCES THROUGH THE ALLIED WASTE/BFI SERVICES ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ~~ BY: K. Hansen BY: '""~ ~ "" i DATE: 413/07 ~I~~ DATE: Background: Appliance removal is currently a service for residents of the City of Columbia Heights through our contract waste hauler, Allied Waste/BFI. Appliances are collected curbside at no additional charge as part of the recycling program. Since these are only occasional items, it is necessary that a resident calf and request pickup. By tracking pickups in 2006, it appears that the City is experiencing excessive volumes of appliance pickups in the City. It is suspected that appliances are coming into the City of Columbia Heights because of our simple and free process to dispose of appliances. Analysis/Conclusions: Staff recommends changing to a fee based disposal service. Properties that have appliances to dispose can still call our contractor Allied Waste/BFI (for a fee) or can arrange disposal on their own. Currently the city pays for all properties to have the appliance removal service, although less than l 5% of the households actually use the service. Allied Waste/BFI will refund $21,000 to the City of Columbia Heights for the expected cost (at the time of contracting) of appliance disposals. The refund can be held to use as a rebate for qualified senior and low/fixed income homeowners or refund all utility account holders $3 for the year. Allied Waste/BFI will also provide 200 pickups/year for the City to use in abatement situations. It is recommended that this change in service be effective as of May 1, 2007, allowing sufficient time to notify and inform residents. Recommended Motion: Move to authorize change in the procedure to dispose of appliances through Allied Waste/BFl and establish a fee based appliance disposal in the current City of Columbia Heights refuse services. Aiiernate Recommended Motion: iJove to authorize change in the procedure to dispose of appiiances Through Aliicd \`v'aste/BFi and establish one free appliance pickup a year per parcel and a fee based appliance disposal for all additional appliances (per year) in the current City of Columbia 1-Ieights refuse services. Attaclunent: 4!2;07 Appliance report Options description COUNCIL ACTION: 61 City of Columbia Heights Public Works Department Work Session Discussion Item: Work Session Date: April 2, 2007 Prepared by: Jesse Davies, Refuse/Recycling Program coordinator Item: Review of Refuse/Recycling operations and proposed changes Background: Appliance removal. Contractor (Allied Waste/BFI} has experienced high volumes of appliance pickups in the City. It is suspected that appliances are coming into the City of Columbia Heights because of our simple and unlimited process to dispose of appliances. Analysis/Conclusions: Appliance removal. To establish a long term and equitable solution to appliance pick up and disposal staff recommends dropping appliance disposal service from current operations and refunding to customers the amount that is included in the contract for appliance pickup. There are several reasons for this recommendation: • The current system. is being seriously abused • Hauler costs are increased greatly by these abuses • The general need for citywide appliance removal has decreased as several retailers offer free removal with the delivery of new appliances. • Having appliance disposal handled the same as electronics (TVs, Computer Monitors, etc} is a convenient, non confusing and cost effective process. • Maintains a good working relationship between the City and BFI. • Those using the service pay for the service they receive. • Other residents are not paying for a service they do not use. Properties that have appliances to dispose of can still call our contractor Allied WastelBFI (for a fee) or can an•ange disposal on their own. Currently the city pays far all properties to have the appliance removal service; although less than 10% of the households actually use the service (since tracking last half of 2006). Under this plan Allied Waste/BFI will refund to the City of Columbia Heights $21,000 that is the current charge for appliance disposals. Staff recommends passing this refund on to our customers This would result in refunding $3 to each residential property to adjust for the change to a fee based service. In addition to the refund AW/BFI has also offered to provide the city with 200 "free" pickups/year for abatements and abandoned appliances that need to be picked up. A alternative has also been created to limit each property to 1 pickup/year, although this is not highly recommended by staff because of the additional procedures required to track such a process and the inconvenience for residents who would have to possibly came in and sign far a tag. It also is not the most equitable solution, as the majority of our residents would still be paying for a service they do not use. Attached is a summary of the problem and the two proposals. Requested Action: Authorize new procedures for appliance removal and. begin fee-based service. 62 Proposed Appliance Pick-up Procedure changes THE PROBLEM: Appliance pick-ups have FAR exceeded the expected quantity per year as was assumed in the initial contract. • Around 840 appliances/year at $25/unit was assumed when the contract was negotiated in goad faith (at an expected cost of $21,000 per year). • 2,727 appliances were picked up in 2005 (at a cost of $95,445). • Through November of 2006 3,091 appliances were picked up. • Of the possible 6,012 households, only 7.5% have used the service for the last half of 2006 (when tracking #'s started). • This is also a City of Columbia Heights problem because the status quo may cause disruption of services. EXAMPLE PROBLEM: 5125 Rainier tried to dispose of 9 appliances in August. Customer stated they all came from the property. 1 refrigerator, 3 washers....only agreed to take 1 washer and refrigerator. No basis for this decision. PROPUSEII j(JL IJ T ~Ol'V Charge fees for all appliance pick-ups and reduce the monthly rates charged to the City. • Allied WastelBFI will reduce fees by $21,000 arulually. ($.29 cents per month for each household. • Allied Waste/BFI invoices the appliance owner $35/unit. • City will refund $3/property far the year. • Allied Waste/BFI provide 200 free pick-ups/year for City use. 63 EFFECTS: Residents -Pay for appliance pick-ups only when they use the service. Cit~Operations - No changes Allied Waste/BFI -Will lose $21,400 annually and must process bills for appliance Service, but it prevents the current $74,445 annual loss. C3PT1(~N 2~ Limit properties to 1 appliance pick-up per year with Allied Waste/BFI. • $35 per unit fee-based service after initial appliance picked up. • Allied Waste/BFI CSR's and City staff track the number of appliance pick-ups per property. Problem with tracking account changes by Allied Waste/BFI. Unless make rule 1/property/year regardless of owner status. EFFECTS: Residents -Those who dispose of more than 1 per year will pay a fee. City Operations -May have to coordinate with Allied/BFI when account changes or set up tag system. Allied/BFI Operations -CSR's must also track usage per household. Must invoice/collect from appliance owners for service. Could still result in over 840 appliances/year. s4 CITY COUNCIL LETTER Meeting of: 4/9/07 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: 5 -A- 8 5 - ~ -3 PUBLIC WORKS ,/~ ,~~~ ~~,~i"`" ITEM: APPROVE CONTRACT ADDENDUM 2 FOR BY: K. Hansen BY: ~''~'-%~ ENGINEERING INSPECTION SERVICES DATE: 4/2/07 DATE: Backgro~md: The City Council authorized a professional services agreement with Bolton and Menk for Engineering Inspection Services at their regular meeting on June 26, 2006. The purpose of the agreement was to provide the services of an experienced engineering technician for construction inspection on Huset Parkway, Park View Phase II, Central Avenue Storm Sewer and other projects. This was needed due to the unanticipated retirement of a senior engineering technician. Analysis/Conclusions: The initial estimate of time was for an approximately four-month period. Services of the engineering technician were needed longer than anticipated, especially on Huset Parkway and Park View Phase II projects. The table below compares the estimated time compared to the actual time spent on the projects. Addendum 1 was approved by City Council on February 12`h, 2007. Staff recommends approval of Contract Addendum No. 2, which is the final payment to Bolton and Menk. Project Estimated Hrs Hrs through Add.l Total Hours Huset Parkway -Project 0404 252 443.5 450.5 Park View Phase II -Project. 0606 288 492.5 596.0 Central Avenue Storm Sewer -Project 0405 108 71.0 87.5 Engineering Department and Other 72 88.5 108.0 Recommended Motion: Move to authorize Contract Addendum No. 2 to Bolton and Menk, Inc. for additional Engineering Inspection Services added by the City, in the amount of $10,694.50 with funding out of Huset Parkway, Phase II Development Agreement, State Aid and Engineering. KY:jb Attachment: Addendum No. 2 COUNCIL ACTION: 65 ADDENDUM NO. 2 To AGREEMENT TO PROVIDE ENGINEERING INSPECTION SERVICES Owner: City of Columbia Heights Date of Issuance: March 30, 2007 637 38`h Avenue N.E. Columbia Heights, MN 55421 Consultant: Bolton and Menk, Inc. Engineer: City Engineer 12224 Nicollet Avenue Burnsville, MN 55337 You are directed to make the following changes in the Contract Documents: Description: Change in original agreement cost to compensate for additional work added to the agreement by the City. Purpose of Addendum: The agreement has been modified to include additional hours of engineering inspection services due to the construction schedule. CHANGE IN AGREEMENT COST Original Agreement Cost: $ 52,560.00 Previous Addendums No. 1 to No. 1 $ 27,411.50 Agreement Cost Prior to this Addendum: 79,971.50 Net Increase of this Addendum: $ 10,694.50 Agreement Cost with all Approved Addendums: $ 90,666.00 Recom nd7ed Approved I 1 By: By: Cit ginee Bolton and Menk, Inc. Approved By: Approved By: Date of Council Action Gary Peterson, Mayor Walter 66hst, City Manager COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: April 9, 2007 AGENDA SECTION: Consent Agenda ORIGINATING DEPT.: CITY MANAGER NO: 5 -/~-~ Community Development OVAL A P P R ITEM: Approval of a Conditional Use Permit for BY: Jeff Sargent, City Pl nner /~ ''' ~~~~ , ~ BY: ~/ Outdoor Sales located at 2261 - ~'T~' Ave. ~ DATE: Aril 4 2007 ~ 4 v' BACKGROUND: Frattallone's Ace Hardware has applied for a Conditional Use Permit to allow the operation of a seasonal mini- garden center for flowering plants and retail sales. According to Section 9.106 (G}(5} of the Zoning Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The ordinance limits the number of days that seasonal agricultural sales may occur to 90 days. The applicant proposes to operate the garden center for 90 days, from April 1 S`~ through July 15°i. The attached site plan illustrates the 21'x48' tent location, which will be located directly in front of Ace I-3ardware. This site plan and configuration remains unchanged from previous years. The greenhouse structure will be the same as previous years with two, six-foot doors remaining open at all times during business hours. There wiIi be at Least two fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. The greenhouse will displace approximately seven parking spaces. This will be the Frattallone's 14"' year operating a temporary greenhouse at this location in Columbia Heights. RECOMMENDATION: The Plamling and Zoning Commission held a Public Hearing for the request on April 3, 2007. They voted unanimously to recommend City Council approval ofthe Conditional Use Permit subject to the two conditions listed in the recommended motion, with a 5-0 vote. RECOMMENDED MOTION: Move to waive the reading of Resolution 2007-57, there being ample copies available to the public. Move to adopt Resolution No. 2007-57, approving a Conditional Use Permit for a outdoor sales for Frattalone's Greenhouses, located at 4300 Central Avenue, subject to the conditions outlined in Resolution No. 2007-~7. tltt~chryretzts: Ur•aJ~ Kesolutio~~ ZUU/-57; 1'+G ME~nzo, 41'ite Y/an, ~ _ liccztion in/or•r~tuhrn~ COUNCIL ACTION: 67 RESOLUTION N0.2007-57 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FRATTALONE'S ACE HARDWARE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0402) has been submitted by Frattalone's Ace Hardware to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 2261 - 37i~' Avenue. LEGAL DESCRIPTION: On I31e at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.1 I O (E)(3)(g), to allow outdoor sales or display. WHEREAS, the Piaiining Commission has held a public hearing as required by the city Zoning Code on April 3, 2007; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights aiier reviewing the proposa~, that tuC ~.i~y ~uuii~ii accepts aria auut,ts ui~ iuiiuwiii~ 1„iuiii~~ v~ ui~ Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. T11e use will be designed, constructed, operated and maintained in a maiirier that is compatible with the appearance. of the existing or intended character afthe suirounding area. 6. The use and property upon which the use is located are adequately served by essential piiblic facilities and services. sa Resolution No. 2007-57 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in «~hich it is located. FURTHER, BE IT RESOLVED, that the attached conditions shall become part of this permit and approval; and. in granting this permit the city and the applicant agree that this permit shall become null and. void if the project has not been completed within one (1) calenclur yecrr after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refiuided after the Conditional Use Permit expires and the site has been cleaned up. Passed this _ day of ~~arch 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson 69 Resolution No. 2007-57 Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary ~o CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007-0402 DATE: April 3, 2007 TO: Columbia Heights Planning Commission APPLICANT: Frattallone's Ace Hardware Store LOCATION: 2261 - 37t" Avenue NE REQUEST: Conditional Use Permit for Seasonal Sales PREPARED BY: Jeff Sargent, City Planner INTRODUCTION Frattallone's Ace Hardware has applied for a Conditional Use Permit to allow the operation of a seasonal mini-garden center for flowering plants and retail sales. According to Section 9.106 (G)(5) of the Zoning Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The ordinance limits the number of days that seasonal agricultural sales may occur to 90 days. The ap~licant proposes to operate the garden center for 90 days, from April 15t" through July 15" (see attached letter). The attached site plan illustrates the 21'x48' tent location, which will be located directly in front of Ace Hardware. This site plan and configuration remains unchanged from previous years. The greenhouse structure will be the same as previous years with two, six-foot doors remaining open at all times during business hours. There will be at least two fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. The greenhause will displace approximately seven parking spaces. This will be the Frattallone's 14t" year operating a temporary greenhouse at this location in Columbia Heights. COMPREHENSIVE PLAN The Comprehensive Plan designates the property far commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. ~~ City of Columbia Heights Planning Commission April 3, 2007 Frattaltone's Greenhouse -Conditional Use Permit Case # 2007-0402 ZONING ORDINANCE The property is zoned GB, General Business, in which retail sales are permitted. The Frattallone's proposal will impact approximately seven parking spaces. The propeery upon which the tent will be situated has 162 parking stalls devoted to the shopping center use. The shopping center itself is required to have a minimum of 132 parking staAs. Overall, the proposed tent will have relatively little impact on the site, as there is currently an abundance of parking spaces and drive aisle access will not be impacted. Please note that the Fire Department has reviewed the proposal and has no concerns regarding it. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit. 1. The use is one of the conditional uses listed for the zoning district in which the property is lacated, or is a substantially similar use as determined by the Zoning Administrator. Seasonal agricultural sales is a Conditional Use, and is considered retail sales, which is permitted in the GB, General Business District. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides the subject property for commercial use. Retail sales, such as greenhouses, is a permitted use in the commercial areas. 3. The use will not impose hazards or disturbing influences on neighboring properties. The outdoor tent and related business proposed will be placed in the southeasterly portion of the parking lot away from residential properties and should not have any detrimenfal impact on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. The garden center as proposed will have no impact on the use of adjacent properties. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 72 Page 2 City of Columbia Heights Planning Commission April 3, 2007 Frattallone's Greenhouse -Conditional Use Permit Case # 2007-0402 Frattallone's has been operating a seasonal greenhouse at this location for 13 years, with the City experiencing no complaints. The proposed garden center should not negatively impact the existing character of the vicinity. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. Adequate public roadways and necessary utilities currently serve the property. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The traffic generated by the garden center will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 8. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity, which are zoned for residential and commercial uses. 9. The use complies with all other applicable regulations far the district in which it is located. As determined by staff, the use complies with the applicable regulations of the GB General Business District. KtlrVlti7M~1~Ut511 it.,IV Staff recommends that the Planning Commission recommend that the City Council approve the Conditional Use Permit for seasons( agricultural sales subject to conditions of approval outlined below. Motion: The Planning Commission recommends that the City Council approve the Conditions! Use Permit for seasons! agricultural safes at 2261 - 37t" Avenue NE from April 15t" through July 15t", 2007, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The outdoor storage shelf be (orated as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on th~.,e site. The deposit shall be refunded after the CanditSanal U~~ Par~°iiSt expires and the slt~° has been rfeancd up. 73 Fsage ~ City of Columbia Heights Planning Commission April 3, 2007 Frattallone's Greenhouse -Conditional Use Permit Case # 2007-0402 Attachments ^ Location Map ^ Site Plan 74 Page 4 2261 - 37th Avenue 0 POy ~ 4020 4010 4000 3934 3930 3918 3912 3908 41J1 4057 j m m I ~ m '' 4053 m ~ ~ N A m A _ 4047 °' a 4042 4041 ~ io ~ N p' 0 4036 4035 4028 4027 u m 4019 `~ ~ ~, 4020 _ m a m ~v N b N _ ~_ ~ 4011 ( ~ ~ 4005 `'' L --- 4OT H _ AVE 2010 ^' g '0 4088 ~ ~ m 2106 ~ \ 4045 4040 4035 gp i N as Q1 ' ~ 4039 4034 ~ pO~~ s 0 ~, 4033 4028 4029 4026 bo`O~ o 4025 4020 4023 4022 o`'g ~ 4021 °~ Po"o 0 ~ ~ 4017 4014 4015 4016 Z 4017 o- yooo ryo 0 4009 4008 4007 4008 '~ Q 4009 N c°n N o- 0 \ ~ ory ~ 4001 4000 4001 4000 ~ Z 2201 ~ ry cry ~y O~ ry b p ry AVE °~ ti titiry~ °~~ A 3991 ~ - 3983 3972 3985 a o m w° rn o ~ Cn 3977 3966 3979 -~ 3971 N , 3960 3973 ~ W 3965 N rn 395 O1 ~ 3952 3967 3959 3952 3953 3948 3955 3947 3942 3946 3947 3940 3941 3936 3939 3834 3935 3930 933 3948 3929 3924 3927 3922 j _ 3923 3916 ~ ~ 3918 3917 3910 = 3913 3912 3911 °' ~ > ~ ~ 3905 3906 3909 ~ ~ r , ~ ,, N ~' ~ ~ ¢ 3901 ~'n uNi ` ' 3907 3900 0 0 N N i N O O ~ ry~ ~~1 O L O ~ m A N N N nO ry ^y `~ `b~ ryy L N N ~ N ^O ~ N ^'~ O •' O N O O ,v N N N N ~ O W N ~ ~ O 391/2 Avc o ~ 3959 3949 0 0 39TH AVE 3849 3850 h N m A O ~ N ~ T (n 3645 3843 _ ~~ 3847 3030 3825 ~ ~ 3817 ~ J -, '11 y i f ~ 3813 - ~ ""~'' ~~\ 3808 -- .E~f3~ I,1`~'~~ r _ 3807 ~ ///1 3801 ~ Q 8 ~`. - ~ 6 i ~ 3703 2 W ~ ~ a Q W W ~n S O o ~ 7725 w ~ cn uf~ip - _~--~~` 7856 ~D Ut ___ 3839 m 0 3836 3826 381fi 3806 N iN, Y ~ U 2 1 G ® /~-~4~ ~ 2300 P"'~ 9 ~QCB#1411 (1~~C) ~~~ W~:~.,t ~r~E r S 75 4 r-~"'~t 1f ...~.+^^ t -----~s e .,~.~ ____---- .. rak.... ~°i+~ ~ f ~ ~~_ a 7_. ~" `"° .r .~M ~~.~ ~Ml ~; s ~ ~iflRt3fl'i I~flR1 AN n t ~ N~SPRIIYG PLANT MERCHANDtSEf ~~ j ~ +~~' ~: ~ t ~.--;s.. ~.i -~ ti ~~/ ~sur ..'~aMA~aZS/s _ i :4$ ~t..~QE•3IQi: 'v8iltti~' . txcn syssrr oce~tes martuatty ana rs~trraa na etec~7~,y, trtx,cattr 3rC trr-ct:s ::s~.c.'~ ttke arty sticfing door. t=ar rftintmum ver*.aiatic~ ~. 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CITY COUNCIL LETTER Meeting of April 9, 2007 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY O ~ ~~-~ Fire MANAGER NO: APPROVAL ' ITEM: Rental Housing BY: Gary Gorman BY:% ; ~ ~ ?'~ Licenses ; l , NO: DATE: April 2, 2007 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for April 9, 2007. COUNCIL ACTION: ~s List of 2007 Rental Licenses to Approve Occupany I.D. Property Owner Name Property Address 20011 Rivertown #2 LLC 10163 Joe( Anderson 10190 Charles Borrell 30072 Danny Dang 20045 Godfrey Edaferierhi 12222 David Ernewein 10096 Bradley Ferris 30103 Mohamed Hassan 10097 Matthew Johnson 20074 John Majewski 12064 James Nelson 12019 Lorenz Pehling, Jr. 30139 Ross Taormina 20022 Bret Weiman 4023 6TH 403 46TH 4000 2ND 3915 LOOKOUT 4651 Taylor 3820 HAYES 411 40TH 4557 MADISON 5030 5TH 5109 WASHINGTON 1745 37TH 1221 39TH 5025 UNIVERSITY 4610 WASHINGTON 79 04103/2007 08:27 Page 1 CITY COUNCIL LETTER Meeting o£ April 9, 2007 AGENDA SECTION: ~ ~ ~ - ~ ~ ORIGINATING DEPT.: CITY MANAGER N®: - License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: } ~,, NO: DATE: April 4, 2007 '~,~'~ BY: ~/'~' BACKGROUND/ANALYSIS Attached. is the business license agenda for the April 9, 2007 City Council meeting. This agenda consists of applications for Contractor licenses for 2007. 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 April 4; 2007 as presented, COUNCIL ACTION: /~..- sa TO C1TY COUNCIL April 9, 2007 *Signed Waiver Form Accompanied Application 2007 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES Bldg Scott Builders Inc. *TP Maintenance *Circle Plumbing *Adam's Anytime Plumbing Aeshliman Plumbing *J Berd Mechanical Asplundh Tree 12 Division St, Buffalo, MN 3622 Halifax Ave No, Robbinsdale, MN 3882 Edith Ln, Circle Pines 13791 Jonquil Ln N, Dayton, MN 307 Jackson Ave #4, Elk River, MN 3308 Southway Dr, St. Cloud, MN 8236 Arthur St, Spring Lk Pk, MN $60.00* $60.00 $60.00* $60.00 $60.00 $60.00 $60.00 s~ CITY OF COLUMBIA HEIGHTS FINANCE DEPAl~`JC1V~E~T' :... _ ._ . ~ ... C~D~TI~TCIL I~~TII~IG Off': ~~ [ ~~ Z~ `~ . . STATE OF 3~I]~NNESOTA COUNTY OF A:tvOILA CITY QF COLUMBIA HEIGHTS Motion to approve payment of bills aut of the proper funds, as listed ~n the attached • check register covering Check Number . ~'~-~~ ~j$' through ~ 2ti ~~s in the amount of ~ °f'~i., 3D3. q 5 ~ ~ . These checks~have been examined and found to be legal charges against the CIT`.' ®F CQLU.[vfBIA HEIGHTS, and are hereby, recommended for payment. sz ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 04/05/200'1 13:54:38 Check History GL05DS-V06.74 COVERPAGE GL540R * *** C O U N C I L * *** C O U N C I L *** * * *** C O U N C I L * *** C O U N C I L *** * *****:F*~k*ir it ~k ~t**;eir;F**:t**:k*ir**:F****ie*~k***ic ir:F:F***:F**:t***:E*ic*****Yr is*******~t******** Report Se3.ectian: Optional Report Title.......04/09j2004 COUNCIL LISTING INCLUSIONS: Fund & Accaunt.......__.:.._. thru Check Date .................. thru Source Codes ................ thru Journal Entry Dates......... thru Journal Entry Ids...__.__.._ thru Check Number ................ 120938 thru 121095 Project ................. thru Vendor .................. .... thru Invoice ..................... thru Purchase Order .............. thru Bank ........................ thru Voucher ........ thru Released Date ............... thru Cleared Date ................ thru Include E~-pjRev Closing Entries N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COLfiTCTL 02 P4 Y S 6 066 10 Y Y 83 ACS FINANCIAL SYSTEM 04/05/2007 13 h CITY OF COLUMBIA HEIGHTS C eck History GL540R-V06.74 PAGE 1 04/09/2004 COUNCIL LISThiJG BANK VENDOR CHECK NUMBER AMOUNT BANK CHECB:ING ACCOUNT ALCORN BEVERAGE CO INC 120938 667.14 AMERICAN BOTTLING COMPAN 120939 263.25 ARCH WIRELESS/METROCALL 120940 94.40 BELLBOY BAR SUPPLY 120941 427.18 BELLBOY CORPORATION 120942 5,459.30 CAPITOL BEVERAGE SALES L 120943 17,709.05 CHISAGO LAKES DISTRIBUTI 120944 11,425.14 CITY OF COLUMBIA HEIGHTS 120945 124,037.07 COCA-COLA BOTTLING MIDWE 120946 1,696.10 DOUBLE A LANES INC 120947 154.70 ESCHELON 120948 164.39 FARNER-BOCKEN 120949 2,614.48 FUN O RAMA INC 120950 156.OD G & K SERVICES INC 120951 21.35 GRANT/JEN 120952 156.33 GRIGGS-COOPER & CO 120953 10,845.59 HAUGEN/BILL 120954 147.30 HEIGHTS BAKERY 120955 13.60 HOHENSTEINS INC 120956 1,243.05 JOHNSON/CHAD 120957 53.36 LANDWEHR CONSTRUCTION IN 120958 117,466.75 LARKIN/JOHN 120959 12.g8 MEDICINE LAKE TOURS 120960 1,968.00 MINNESOTA DEPARTMENT OF 120961 150.00 M1'AS 120962 750.OD OFFICE DEPOT 120963 51.43 PETTY CASH - JOANNE BAKE 120964 g9.95 PETTY CASH - KAREN MOELL 120965 131.57 PETTY CASH - LINDA MAGEE 120966 400.00 RICOH .AMERICAS CORPORATI 120967 33.48 ROSSMAN/JOHN 120968 500.00 SHAMROCK GROUP/ACE ICE 120969 173.28 TRAFFIC TECHNOLOGIES LLC 120970 14,851.43 VEIT COMPANY INC 120971 417,464.66 VERIZON WIRELESS 120972 91.55 WEIGMAN/DANA 120973 300.66 XCEL ENERGY (N S P) 120974 3,858.53 MINNESOTA DEPARTMENT OF 120975 10,134.00 WELLS FARGO BANK 120976 1,524.17 AARP 120977 200.00 ALL SAFE FIRE & SECURITY 120978 88.83 AMERICAN BOTTLING COMPAN 120979 311.13 BELLBOY BAR SUPPLY 120980 11.55 BELLBOY CORPORATION 120981 232.75 BRECKENITCH/LAURIE 120982 39.29 CAPITOL BEVERAGE SALES L 120983 9,773.95 CENTER POINT ENERGY 120984 20,027.33 84 ACS FINANCIAL SYSTEM 04/05/2007 33 Check Histor CITY OF COLUMBIA HEIGHTS GL540R V 6 04/09/2004 y COUNCIL LISTING - 0 .74 PAGE 2 BANK VENDOR CHECK NUMB ER AMOUNT BANK CHECKING ACCOUNT CENTRO BRADLEY SPE 5 LLC 120985 11,940.57 CHISAGO LAKES DISTRIBUTI 120986 661.67 COLUMBIA HEIGHTS I 120987 5,570.70 CROSSMAN/CHERAY 120988 50.00 DEEP ROCK WATER COMPANY 120989 102.41 DEX MEDIA EAST LLC 120990 287.50 EXTREME BEVERAGE 120991. 320.00 GENUINE PARTS/NAPA AUTO 120992 734.34 GRIGGS-COOPER & CO 120993 5,820.03 JINDRA/PATRICIA 120994 35.00 JJ TAYLOR DIST OF MN 120995 17,748.15 JOHNSON BROS. LIQUOR CO. 120996 24,511.79 LOADER/REBECCA 120997 43.26 MARKHAM/MATTHEW 120998 140.90 MEADE/IMOGENE 120999 11.00 METRO COUNCIL ENVIROMENT 121000 3,316.50 MN DEPT OF ADMINISTRATIO 121D01 507.59 MN DEPT OF LABOR & INDUS 121002 1,056.34 MN STATE FIRE CHIEFS ASS 121003 375.00 MURZYN/JOHN 121004 150.00 O'BRIEN/DANIEL 121005 189 15 PETERSON/ROGER 121006 . 71.20 POSTAGE BY PHONE RESERVE 121007 6 000.00 SCOTT/LARR.Y 121008- , 46.96 SHAMROCK GROUP/ACE ICE 121009 140 24 SISSON/KEN 121010 . 27.99 TDS METROCOM INC 121011 2,217.29 TUBBS/MARSHA 121012 34.58 VERIZON WIRELESS 121013 486.38 WEGMAN/HOPE 121014 159.52 XCEL ENERGY (N S P) 121015 19,088.92 AAA AWARDS 121016 29.45 ACE HARDWARE 121017 26.15 ACS FIREHOUSE SOLUTIONS 121018 1,688.10 ALEX AIR APPARATUS INC 121019 530.00 ALLINA HEALTH SYSTEM 121020 66.00 AMERICAN FORESTS 121021 25.00 AMERICAN WATER WORKS ASS 121022 373.50 AMERIPRIDE INC 121023 82.22 ANCOM COMMUNICATIONS INC 121024 760.41 ANOKA COUNTY 121025 100.00 ANOKA CTY - CENTRAL COMM 121026 1,185.12 ARCH WIRELESS/METROCALL 121027 32.24 ASPEN MILLS, INC. 121028 1,475.60 BAKER & TAYLOR 121029 3,700.24 BARNA GUZY & STEFFEN LTD 121030 44.00 BIFF'S,INC. 121031 332.05 85 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 04/05/2007 13 Check Iii story GL540R-V06.74 PAGE 3 04/09/2004 COUNCIL LISTING BANK VENDOR CHECK NUMB ER AMOUNT BANK CHECKING ACCOUNT BOYER TRUCK PARTS 121032 758.72 BROOK WHITE CO. 121033 147.13 BRODART 121039': 14.76 CANADIAN PACIFIC RAILWAY 121035 782.13 CARGILL 2NC 121036 12,553.49 CARLSON TRACTOR 121037 938.99 CCP INDUSTRIES I2103E1 251.32 CEAM 121039 120.00 CENTRAL MIDDLE SCHOOL 121040 15.00 CHURCH OFFSET PRINTING I 121041. 338.00 COLE INFORMATION SERVICE 121042 328.95 DAKOTA COUNTY RECEIVING 121043 126.00 DCI INDUSTRIES LTD 121049: 904.00 DIAMOND VOGEL PAINTS 121045 2,368.03 EMERGENCY AUTOMOTIVE TEC 121046 419.49 G & K SERVICES INC 121047 811.87 GALE GROUP/THE 121048 400.79 GENERAL BOOK COVERS 121049 293.54 GENERAL REPAIR SERVICE, 121050 227.28 GENUINE PARTS/NAPA AUTO 121051 107.93 GIS RANGERS LLC 121052 2,188.93 GOODIN CO. 121053 191.09 HD SUPPLY WATER WORKS 121054 3,909.74 HONEYWELL INC 121055 232.75 HOTSY EQUIPMENT OF MINN 121056 409.41 IPC PRINTING 121057 47.91 J H CARSON ELECTRIC COMP 121058. 1,328.61 KENNEDY & GRAVEN 121059 128.50 LEAGUE OF MINNESOTA CITI 121060 100.00 LETTUCE CATER 121061. 2,250.00 MARCO 121062 398.37 ACA 121063 130.00 MCCLELLAN SALES 121064 552.20 MEDICS TRAINING INC 121065 400.00 MENARDS CASHWAY LUMBER-F 121066 286.09 METRO AREA MANAGEMENT AS 121067 18.00 MIDWAY FORD 121068 90.40 MINITEX -. ATTN MARY GARC 121069 214.00 MINNEAPOLIS OXYGEN CO. 121070 10.76 MN CHAPTER IAAI 121071 25.00 MSES 121072 30.00 NORTHEASTER 121073 291.60 NORTHERN AIR 121074 859.75 OFFICE DEPOT 121075 263.60 ONE-CALL CONCEPT-GOPHER 121076 129.85 PEPSI-COLA-7 UP 121077 308.00 RADIO SHACK 121078 20.22 86 ACS FINANCIAL SYSTEM 04/05/2007 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 04/09/2004 COUNCIL LIST:CNG CHECK NUMBER AMOUNT ROSEDALE CHEV ROYAL TIRE RYDBERG/SCOTT SCHINDLER ELEVATOR CORP SCHOLASTIC LIBRARY PUBLI SPAN PUBLISHING INC ST JOSEPH'S EQUIPMENT STAPLES BUSINESS ADVANTA STREICH-DEMARS INC STREICHER'S GUN'S INC/DO SUN PUBLICATION INC VERIZON WIRELESS VOSS LIGHTING WERNER ELECTRIC SUPPLY C WW GRAINGER,INC ZEP MANUFACTURING COMPAN ZIEGLER INC 12107!3 65.65 121081) 134.76 12108:6 45.00 121082 486.04 121083 140.40 121084 125.10 121085 150.29 12I08fi 143.78 12108'7 250.00 121088 79.80 121089 395.00 12109() 44.63 121097 69.75 12109<'? 339.57 121093 210.95 1210946 227.22 12109~i 9,380.00 939,303.95 *** 87 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 04/05/2007 13 Check History GL540R-V06.74 PAGE 5 04/09/2004 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT REPORT TOTALS- 939,303.95 RECORDS PRINTED - 000668 88 ACS FINANCIAL SXSTEM 04/05/2007 13:54:41 Check History FUND RECAP: FUND ---- DESCRIPTION ---------------------------- DISBURSEMENTS 101 GENERAL 66,866.04 201 COMMUNITY DEVELOPMENT FUND 551.21 212 STATE AID MAINTENANCE 1,034.72 240 LIBRARY 7,805.87 261 TWENTY-FIRST CENTURY GRANT 310 70 265 CONFISCATED/FORFEITED PROP . 636.00 415 CAPITAL TMPRVMT - PIR PROD 180.04 420 CAP IMPROVEMENT-DEVELOPMENT 534,059.91 431 CAP EQUIP REPLACE-GENERAL 14,851.43 433 CAP EQUIP REPLACE-WATER 9,380.00 481 ANOKA JLEC:POLICE COMPTR EQP 127.13 601 WATER UTILITY 17,370.84 602 SEWER UTILITY 1 886.53 609 LIQUOR , 137,444.60 652 SEWER CONSTRUCTION FUND 2 760.13 701 CEN'T'RAL GARAGE , 14,033.96 720 DATA PROCESSING 956.27 880 PERMIT SURCHARGE 4 372.84 883 CONTRIBUTED PROJECTS-GEN , 638.66 885 PAYROLL FUND 124,037.07 TOTAL ALL FUNDS 939,303.95 BANK RECAP: BANK NAM:B ---- ---------------------------- DISBURSEMENTS BANK CHE~vKING ACCOUNT 939,303.95 TOTAL ALL BANKS 939,303.95 CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R 89 CITY COUNCIL LETTER Meetin of: 4-9-2007 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER N®: (~}~ PUBLIC WORKS ',-/ ~, , '~~/ -' ITEM: PUBLIC HEARING ON HOUSING PROGRAM BY: Walt Fehst ~~ BY: ~ v , AND ISSt1ANCE OF REVENUE BONDS DATE: 4-3-?007 DATE: r /` ~' Background This is a public hearing to consider an amended and restated housing program with respect to the issuance of revenue bonds under Minnesota Statutes, Chapter 462C, as amended. The proceeds derived from the sale of the revenue bonds to be issued pursuant to the Program will be loaned to Crest View Corporation, a Minnesota nonprofit corporation, or a related organization, or an organization to be formed and applied to: (i) refund the outstanding principal amount of the following obligations issued by the City: (a) Multifamily and Health Care Facilities Revenue Bonds (Crest View Project), Series 1998; (b) Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage Loan -Crest View ONDC I Project), Series 2002A-1; (c} Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage Loan -Crest View ONDC I Project}, Taxable Series 2002A-2; and (d) Multifamily Housing Revenue Note {Crest View UNDC I Project}, Subordinate Series 2002B; (ii) finance capital improvements to certain facilities owned by the Borrower, including Royce Place, a 50-unit board and lodging facility, The Boulevard, a 74-unit senior housing facility, Crest View Lutheran Home, a 122-unit licensed nursing facility, all located at 4444 Reservoir Boulevard in the City; and Crest View on 42nd, a 50-tu-it assisted living and memory care facility located at 900 - 42nd Avenue N.E. in the City (collectively, the "Projects"); (iii} fund one or more reserve funds; and (iv) pay the costs of issuing the Bonds. Co„ncil chn„ld oonsider adoption of the resolution to approve the Program and give preliminary approval for the issuance of the Bonds under the Program. The aggregate face amount of the Bonds is presently estimated not to exceed. $22,500,000. The Bonds will be issued by the City in one or more series and will be special, limited obligations of the City payable solely from the revenues derived from the Projects and pledged to the payment thereof and will not constitute general or moral obligations of the City or be secured by any taxing powers of the City. Motion: Move to waive the reading of Resolution No. 2007-54, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2007-54, being a Resolution adopting a housing program with respect to a senior housing project; granting preliminary approval for the issuance of multifamily housing revenue bonds to finance the project; and authorizing the reimbursement of expenditures made in anticipation of the issuance of such bonds. COUNCIL, ACTION: sa CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION N0.2007-54 ADOPTING A HOUSING PROGRAM WITH RESPECT TO A SENIOK HOUSING PROJECT; GRANTING PRELIMINARY APPROVAL FOR THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE THE PROJECT; AND AUTHORIZING THE REIMBURSEMENT OF EXPENDITURES MADE IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS Section 1. Recitals. 1.01. Pursuant to Minnesota Statutes, Chapter 4620, as amended (the "Act"), the City is authorized and empowered to develop and administer programs to finance multifamily housing developments within its boundaries. The Act authorizes the City to issue bonds and loan the proceeds to a borrower to finance multifamily housing developments. Each loan must be made for the construction or the long-term financing of a multifamily housing development and substantially all of the proceeds of each loan must be used to pay the cost of a multifamily housing development, including property functionally related and subordinate to it. A multifamily housing development may consist of a combination of a multifamily housing development and a new or existing health care facility, as defined in Minnesota Statutes, Section 469.153, if the following conditions are satisfied: (i) the multifamily housing development is designed and intended to be used for rental occupancy; (ii} the multifamily housing development is designed and intended to be used primarily by elderly or physically handicapped persons; and (iii) nursing, medical, personal care, and other health related assisted living services are available on a 24-hour basis in the development to the residents. 1.02. On August 18, 1987, the City issued its Health Care Facility Revenue Bonds (Crest View Lutheran Home Project), Series 1987 (the "Series 1987 Bonds"), in the original aggregate principal amount of $4,400,000, for the benefit of Crest View Corporation, a Minnesota nonprofit corporation (the "Corporation"}, formerly known as Crest View Lutheran Home, for the purpose of financing the reconstruction, improvement, rehabilitation and equipping, including the construction of a building addition to Crest View Home, a [22-unit licensed nursing facility located at 4444 Reservoir Boulevard N.E. in the City ("Crest View Home"), including the discharge and refinancing of certain outstanding indebtedness of Crest View Lutheran Home incurred therefor. On May 19, 1991, the City issued its Board and Care Facility Revenue Bonds (FHA Insured Mortgage Loan -Royce Place Project}, Series 1991 A (the ``Series 1991 A Bonds"), in the origina[ aggregate principal amount of $2,770,000, and. its Board and Care Facility Revenue Bonds (Royce Place Project), Series 1991 B (the "Series 1991 B Bonds"), in the original aggregate principal amount of $560,000. The Series 1991 A Bonds and the Series 1991 B Bonds (collectively, the "Series 1991 Bonds") were issued to provide funds to the Corporation to finance the costs of the acquisition, construction, and equipping of Royce Place, a 50-unit board and care facility located at 1515 44th Avenue N.E. in the City ("Royce Place"}. On March 3I, 1998, the City issued its Multifamily and Health Care Facilities Revenue Bands (Crest View Project}, Series 1998 (the "Series 1998 Bonds"}, in the original aggregate principal amount of $10,130,000. Tl~e Series 1998 Bonds were issued to defease the Series 1987 Bonds and the Series 1.991 Bonds, to redeem certain. other outstanding indebtedness of the Corporatian, and to finance certain improvements to t(~e existing facilities of the Corporatian. 91 On January 24, 2002, the City issued its: (i) Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage Loan -Crest View ONDC I Project), Series 2002A-I in the original aggregate principal amount of $5,000,000 (the "Series 2002A-1 Bonds''), (ii) Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage Loan -Crest View ONDC I Project), Taxable Series 2002A-2 in the original aggregate principal amount of $l 10,000 (the "Series 2002A-2 Bonds" and, collectively with the Series 2002A-1 Bonds, the ``Series 2002 Bonds"}; and (iii) Multifamily Housing Revenue Note (Crest View ONDC I Project), Subordinate Series 20028 (the "Series 2002 Note"), in the original aggregate principal amount of $200,000. The Series 2002 Bonds and the Series 2002 Note (collective]y, the "Series 2002 Obligations") were issued to finat7ce the acquisition, development, construction, and equipping by Crest View ONDC I, a Minnesota nonprofit corporation ("Crest View ONDC I"), of Crest View on 42nd, a 50-unit multifamily housing assisted-living and memory-loss facility for seniors located at 900 - 42nd Avenue N.E., in the City ("Crest View on 42nd"}. 1.03. Crest View on 42nd is currently owned and operated by Crest View ONDC I and is expected to be transferred to the Corporation in connection with the issuance of the proposed revenue refunding bonds referred to in Section 1.04. 1.04. The Borrawer has requested that the City issue its: (i) Multifamily and Health Care Facilities Revenue Refunding Bonds (Crest View Project), Series 2007A (the "Series 2007A Bonds"), in the approximate aggregate principal amount of $21,500,000; and (ii} Taxab]e Multifamily and Health Care Facilities Revenue Refunding Bonds (Crest View Project), Series 20078 (the "Series 2007E Bonds"), in the approximate aggregate principal amount of $1,000,000 (the Series 2007A Bonds, and the Series 20078 Bonds are hereinafter referred to collectively as the "Series 2007 Bonds"). The proceeds of the Series 2007 Bonds will be applied to (i) refund the outstanding principal amount of the Series 1998 Bonds and the Series 2002 Obligations, and pay or prepay certain other indebtedness of the Borrower; (ii) finance capital improvements (the "Improvements") to certain facilities owned by the Borrawer, including Royce Place, The Boulevard, a 74-unit senior housing facility located at 4458 Reservoir Boulevard N.E. in the City ("The Boulevard"}, Crest View Home; and Crest View on 42nd (collectively, the "Facilities"); (iii) fund one or more reserve fimds; and (iv) pay the costs of issuing the Bonds. i.05. The Series 2007 Bonds are proposed to be issued as obligations the interest on which is not includable in gross income for federal income tax purposes pursuant to Section 145 of the Internal Revenue Code of 1986, as amended (the "Code"). Pursuant to Section f 47(f) of the Code, and tine regulations promulgated thereunder, the City is required to conduct a public hearing an the issuance of the Series 2007 Bands. A notice of such public hearing, prepared in accordance with the requirements of Section 147(f) of the Code, and the regulations promulgated thereunder, was published in a newspaper of general circulation in the City at ]east fifteen (15) days prior to the date of the public hearing. 1.06. Prior to consideration of this resolution, the City Council of the City will conduct a public hearing on the date hereof with respect to the proposal to issuae the Series 2007 Bonds, as requested by the Corporation. Section 2. Housing Pra~rarn. 2.01 The City has prepared a housing program (the "Housing Program" or "Program"), a copy of which is attached hereto as EXHIBIT A, provtdtng fat' the (t) refunding of the outstanding principal amount of the Series 1998 Bands and the Series 2002 Obligations, and the payment or prepayment of certain other indebtedness of the Corporation; (iij financing of capital improvements to the Facilities; (iii} funding of one or mare reserve fiunds; and (iv} paying the casts of issuing the Bands. 2.02 The City has arranged for publication of a notice of public hearing on the Program, a-] in conformance with the requirements of the Act. sz 2.03 The Housing Program was prepared and submitted to the Metropolitan Council for its review on March 22, 2007. The preparation of the Housing Program and the submission of the Housing Program to the Metropolitan Council are hereby ratified, confirmed, and approved, with such amendments as are approved by the City Manager. Section 3, Reimbursement 3.01 The United States Department of the Treasury has promulgated final regulations governing the use of the proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City or a borrower from the City for project expenditures paid prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-Z) (the "Regulations'') require that the City adopt a statement of official intent to reimburse an original expenditure not later than sixty days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds occur within eighteen months after the later of: (i) the date the expenditure is paid; or (ii) the date the project is placed in service or abandoned, but in na event more than three years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. 3.02 Tlie City reasonably expects to reimburse the Corporation fora portion of the expenditures made for costs of the Improvements from the proceeds of the Series 2007 Bonds in an approximate amowit of $3,000,000 after the date of payment of all or a portion of the costs of the improvements. All reimbursed expenditures shall be capital expenditures, a cast of issuance of the Series 2007 Bonds or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations and also qualifying expenditures under the Act. 3.03 Based on representations by the Corporation, other than (i) expenditures to be paid or reimbursed from sources other than the Series 2007 Bonds, (ii) expenditures permitted to be reimbursed under prior regulations pursuant to the transitional provision contained in Section 1.150-2(j)(2)(i)(B) of the Regulations, (iii) expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2) of the Regulations, or (iv) expenditures in a "de minimus" amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures for the Project have been made by the Corporation more than sixty (00) days before tine date of adupt;aii of this resolution. 3.04 Based on representations by the Corporation, as of the date hereof, there are no funds of the Corporation reserved, allocated on a Lang term-basis or otherwise set aside (or reasonably expected to be reserved, allocated an a fang-term basis or otherwise set aside) to provide permanent financing far the expenditures related to the Project to be financed from proceeds of the Series 2007 Bonds, other than pursuant to the issuance of the Series 2007 Bonds. This resolution, therefore, is determined to be consistent with tl~e budgetary and financial circumstances of the Corporation as they exist or are reasonably foreseeable on the date hereof. Section 4. Preliminary Approval Granted. 4.01. The issuance of the Series 2007 Bands to redeem and prepay the Series 1998 Bands and the Series 2002 Obligations Bonds, finance the Improvements, fund one ar more reserve funds, and pay the costs of issuing the Series 2007 Bonds is hereby preliminarily approved subject to the mutual agreement of the City, the Corporation and the initial purchaser of the Series 2007 Bands as to the details of the Series 2007 Bands and provisions far their payment. In all events, it is understood, however, that the Series 2007 Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the City's interest in the loan or financing agreement with respect to the Series 2007 Bonds and the Facilities, and the Series 2007 Bonds, when, as, and if issued, shall recite in 93 substance that the Series 2007 Bonds, including interest thereon, are payable solely from the revenues received from the Facilities and property pledged to the payment thereof, and shall not constitute a general or moral obligation of the City. 4.02. The law fine of Kennedy & Graven, Chartered is authorized to act as Bond Counsel and to assist in the preparation and review of necessary documents relating to the Facilities and the Series 2007 Bonds issued in connection therewith. The Mayor, City Manager and other officers, employees and agents of the City are 1~ereby authorized to assist Bond Counsel in the preparation of such documents. 4.03. The Corporation has agreed to pay or reimburse the City far any and all costs paid or incurred by the City in connection with the Series 2007 Bonds. The Corporation has also agreed to pay the administrative fee of the City in the event the Series 2007 Bonds are issued. Section 5. Termination of Preliminary Approval. All commitments of the City expressed herein are subject to the condition that by April 9, 2008, the City, the Corporation and the initial purchaser of the Series 2007 Bonds will have agreed to mutually acceptable terms and conditions of the loan or financing agreement, the Series 2007 Bonds and of the other instruments and proceedings relating to the Series 2007 Bonds and their issuance and sale. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the Series 2007 Bonds are not sold within such time, this Resolution will expire and be of no further effect. Section 6. Withdrawal by City. The adoption of this Resolution does not constitute a guaranty or fine commitment that the City will issue the Series 2007 Bonds as requested by the Corporation. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Series 2007 Bonds, or issue the Series 2007 Bonds in an amount less that the amount referred to herein, should the City at any time prior to issuance thereof determine that it is in the best interest of the City not to issue the Series 2007 Bonds, or to issue the Series 2007 Bonds in an amount less than the amount referred to in paragraph 2.01 hereof, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. Section 7. Effective Date. T iris Resolution shall be in full force and effect from and aver its passage. Dated this _ day of 2007. Offered by: Second by: Roll Call: Mayor Gary L. Peterson ATTEST: Willia2~~ Elrite, City Clerk 94 EX~IIBIT A CITY OF COLUMBIA HEIGHTS, MINNESOTA AMENDED AND RESTATED PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT Pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the City of Columbia Heights, Minnesota (the "City") is authorized to develop and administer programs to finance the acquisition and construction of multifamily housing developments under the circumstances and within the )imitations set forth in the Act. A nuiltifamily housing development may consist of a combination of a multifamily housing development and a new or existing health care facility, as defined in Minnesota Statutes, Section 469.153, if the following conditions are satisfied: (i) the multifamily housing development is designed and intended to be used for rental occupancy; (ii) the multifamily housing development is designed and intended to be used primarily by elderly ar physically handicapped persons; and (iii) nursing, medical, personal care, acid other health related assisted living services are available on a 24- hour basis in the development to the residents. Minnesota Statutes, Section 462C.07 provides that such programs for multifamily housing developments may be financed by revenue bonds issued by the City. On August 18, 1987, the City issued its Health Care Facility Revenue Bands (Crest View Lutheran Home Project), Series 1987 (the "Series 1987 Bonds"), in the original aggregate principal amount of $4,400,000, for the benefit of Crest View Lutheran Home, a Minnesota nonprofit corporation ("Crest View Lutheran Home"), for the purpose of financing the reconstruction, improvement, rehabilitation and equipping, including the construction of a building addition to Crest View Home, a 122-unit licensed nursing facility located at 4444 Reservoir Boulevard in the City ("Crest View Home"), including the discharge and refinancing of certain outstanding indebtedness of Crest View Lutheran Home incurred therefor. On May 19, 1991, tlye City issued its Board and Care Facility Revenue Bonds (FHA Insured Mortgage Loan -Royce Place Projecf), Series 1991A (the "Series 1991A Bonds"), in the original aggregate principal amount of $2,770,000, and its Board and Care Facility Revenue Bonds (Royce Place Project), Series i 991 B (the "Series 1991 B Bonds"}, in the original aggregate principal amount of $560,000. Tl~e Series 1991 A Bands and tl~e Series 1991 B Bonds (collectively, the "Series 1991 Bonds") were issued to provide funds to Crest View Lutheran Home to finance the casts of the acquisition, construction, and equipping of Royce Place, a 50-unit board and care facility located at 4444 Reservoir Baulevard in the City ("Royce Place"). On March 31, 1998, the City issued its Multifamily and Health Care Facilities Revenue Bonds (Crest View Project), Series 1998 (the "Series 1998 Bands"), in the original aggregate principal amount of $10,130,000. The Series 1998 Bonds were issued to defease the Series 1987 Bonds and the Series 1991. Bonds, to redeem certain other outstanding indebtedness of Crest View Corporation, a Minnesota nonprofit corporation ("Crest View Corporation"), formerly known as Crest View Lutheran Home, and to final}ce certain improvements to tl~e existing facilities of Crest View Corporation. On 3anuary 24, 2002, the City issued its: (i) Muitifamity Housing Revenue Bonds (CiNMA Collateralized Mortgage Loan - Crest View ONDC I Project), Series 2002A-1 in the original aggregate principal amount of $5,000,000 (the "Series 2002A-1 Bonds"}, (ii) J`,~lu[tifamily Housing Revenue Bonds (CiNMA Collateralized Mortgage Loan -Crest View ONDC 1 Project}, Taxable Series 2002A-2 in the 95 original aggregate principal amount of $110,000 (the "Series 2002A-2 Bonds" and, collectively with the Series 2002A-1 Bonds, the "Series 2002 Bonds"}; and (iii) Multifamily Housing Revenue Nate (Crest View ONDC I Project), Subordinate Series 2002B (the "Series 2002 Note"}, in the original aggregate principal amount of $200,000. The Series 2002 Bands and the Series 2002 Note (collectively, the "Series 2002 Obligations") were issued to finance the acquisition, development, construction, and equipping by Crest View ONDC 1, a Minnesota nonprofit corporation ("Crest View ONDC 1), of Crest View on 42nd, a 50-unit multifamily housing assisted-living and memory-loss facility for seniors located at 900 - 42nd Avenue N.E., in the City ("Crest View on 42nd"). The City has received a proposal that it approve a Dousing pragram (the "Program"), with respect to the issuance of revenue bonds under the Act. The proceeds derived from the sale of the revenue bonds (the "Bonds''), to be issued pursuant to the Program will be loaned to Crest View Corporation, a Minnesota nonprofit corporation, or a related organization, or an organization to be formed (the "Borrower"), and applied to: (i) refund the outstanding principal amount of the Series 1998 Bonds and the Series 2002 Obligations, and pay or prepay certain other indebtedness of the Borrower; (ii) finance capital improvements to certain facilities owned by the Borrower, including Royce Place, The Boulevard, a 74-unit senior housing facility located at 4444 Reservoir Boulevard in the City ("The Boulevard"), Crest View Home; and Crest View on 42nd (collectively, the "Facilities"); (iii) fund one or more reserve funds; and (iv) pay the costs of issuing tl~e Bonds. The City, in establishing the Program, has considered the information contained in the City's comprehensive plan. The Facilities will he financed and refinanced in accordance with the requirements of Subdivisions l and 2 of Section 46X.05 of the Act. Section A. Definitions. The following terms used in this Program shall have the following meanings, respectively: "Act" shall mean Minnesota Statutes, Chapter 462C, as amended. "Bonds" shall mean the revenue bonds to be issued by the City. "Borrowea" shall mean Crest View Corporation, a Minnesota nonprofit corporation, or a related organization, or an organization to be formed. "City" shall mean the City of Columbia Heights, Minnesota. "Facilities'' shall mean Royce Place, The Boulevard, Crest View Home; and Crest View on 42nd. "Land'' shall mean the real property upon which the Facilities are situated. ``Program" shelf mean this program far the financing of the Facilities pursuant to tl~e Act. Section B. Progr~„m_Far Financing the Pr~ect. It is proposed that the City establish this Program to finance a~td refinance the Facilities at a cost and upon such other terms and conditions as are set forth 96 herein and as may be agreed upon in writing between the City, the initial purchaser of the Bonds and the Borrower. The City expects to issue the Bonds as soon as the terms of the Bonds have been agreed upon by the City, the Borrower, and Piper Jaffray & Co, as the initial purchaser of the Bonds. The proceeds of the Bonds will be loaned to the Borrower to finance and refinance the Facilities, to fund required reserves and to pay the costs of issuing the Bonds. It is expected that a trustee will be appointed by the City to monitor the construction of capital improvements to the Facilities and the payment of principal and interest on the Bonds. It is anticipated that the Bonds will have a maturity of approximately thirty years ar less and will bear interest at fixed rates crn~sistent with the market at the time of issuance. The City will hire no additional staff for the administration of the Program. Insofar as the City will be contracting with underwriters, legal counsel, bond counsel, the trustee, and others, all of whom will be reimbursed from bond proceeds and revenues generated by the Program, limited administrative costs will be paid from the City's budget with respect to this Program. The Borrower will pay an administrative fee to the City to pay or reimburse such administrative costs. The Bonds will not be general obligation bonds of the City, but are to be paid only from properties pledged to the payment thereof, which may include additional security such as additional collateral, insurance or a letter of credit. Section C. Standards and Requirements Relating to the Financing of the Facilities Pursuant to the Pro ram. The following standards and requirements shall apply with respect to the operation of the Facilities by the Borrower pursuant to this Program: (1) Substantially all of the proceeds of the sale of the Bonds will be applied to (i) --efimd the Series 1998 Bonds and the Series 2002 Obligations, and pay or prepay certain other indebtedness of the Borrower; (ii) finance capital improvements to the Facilities; (iii} fund appropriate reserves; and (iv) pay the costs of issuing the Bonds. The proceeds will be -nade available to the Borrower pursuant to the terms of the Bond offering, which will include certain covenants to be made by the Borrower to the City regarding the use of proceeds and the character and use of the Facilities. (2) The Borrower, and any subsequent owner of the Facilities, will not arbitrarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, or status with regard to public assistance or disability. (3) The Facilities are designed primarily for rental to and occupancy by elderly persons. Section 46X.05, Subdivision 4 of the Act provides that the limitations set forth in Section 46X.05, Subdivision 2 of the Act are not applicable. Subsection D. Evidence of Compliance. The City may require from tl~e Borrower at or before the issuance of the Bonds, evidence satisfactory to the City of the ability and intention of tl}e Borrower to complete the capital improvements to the Facilities, and evidence satisfactory to the City of compliance with the standards and requirements of the City for the financing set forth herein; and in connection therewith, the City or its representatives may inspect the relevant books and records of the Borrower in order to confirm such ability, intention and compliance. In addition, the City may periodically require certification fi-om either tl~e Borrower or such other person deemed necessary concerning compliance with various aspects of this Program. Subsection E. Issuance of Bonds. To finance the Program authorized by this Section the City will by resolution authorize, issue and self its revenue bonds in a maximum aggregate principal amount of $22,500,000. The Bonds will be issued pursuant to Section 46X.07, Subdivision I of the Act, and will S7 be payable primarily from the revenues of the Program authorized by this Section. The costs of the Project, including costs of issuance of the Bonds and required reserve funds, are presently expected to be in excess of the principal amount of the Bonds. It is expected that the Borrower and its affiliates will contribute to the Project the difference between the total costs of the Project and the principal amount of the Bonds available to finance the Project. The costs of the Project may change between the date of preparation of this program and the date of issuance of the Bonds. The Bonds are expected to be issued in May, 2007. Subsection F. Severability. The provisions of this Program are severable and if any of its provisions, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Subsection G. Amendment. The City shall not amend this Program, while Bonds authorized hereby are outstanding, to the detriment of the holders of such Bonds. Subsection H. State Ceiling. None of the state ceiling for private activity bonds, pursuant to Section 146 of the Internal Revenue Code of 1.986, as amended, and Chapter 474A of Minnesota Statutes, will be applied for with respect to the Bonds. ss COLCTMBIA HEIGHTS CITY COUNCIL LETTER Meetin of: A ri1 9, 2007 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: (~ l~ Community Development APPROVAL ITEM: 2nd Reading: Ordinance 1522, Zoning BY: Jeff Sargent, City Planner ~ " BY: Amendment to the Zoning Code as it Relates to DATE: April 4, 2007 (~.- G~' ~t Outdoor Seasonal Sales. C~ BACKGROUND. The Planning Commission and the City CounciI's time are not put to the best use while processing a request for Seasonal Outdoor Sales proposals. The Seasonal Outdoor Sales applications that are received by the City are proposed by companies that have been conducting the same business in the same location for a considerable amount of time. In the 2006 season, three of the nine Conditional Use Permits that were processed by the Planning Commission and the City Council were proposals for greenhouses throughout the city. Those three companies requesting the CUP have conducted 31 combined years of business in the City of Columbia Heights. For this reason, Staff proposes the Planning Commission recommend amending the Zoning Code, eliminating the requirement for a Conditional Use Permit (CUP) for all future Seasonal Outdoor Sales activities. All future Seasonal Outdoor Sales activities would be a permitted use in the district which they are currently allowed, and would require a peddler's license through the City. When applying for the peddler's license, the applicant would still be subject to review from the Planning, Building and Fire Departments for compliance to the City Code. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1522, being ample copies available to the public. Move to adopt Ordinance No. 1522, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1522. HttaCllnleniS: Vr'irtrlCrnCC /JLL, LJr'LrJI Vr^drncrnce t~1G, t'+G COUNCIL ACTION ss ORDINANCE NO. 1522 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE GB, GENERAL BUSINESS AND CBD, CENTRAL BUSINESS DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to read as follows: § 9.103 DEFINITIONS. OUTDOOR SALES AND/CSR DISPLAY, SE.~SON;4L. The selling or displaying of~ retail merchandise outside the principal structure, and on the san7e lot as the principal strzrcttrr•e. Such sales and~or display mcry be located in a temporary structure strclz as a kiosk, gr•eenhcruse or• temporary tent. E.rarnples of merchandise to be sold include agricultural products, fr.reworks, Christrrzas trees, and the like. Chapter 9, Article I, Section 9.106(G) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (G) Ternporcrry uses and structures. The following temporary uses and structures shall be permitted in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable previsions ofthis article: (1 } Gcu•age sales. Residential garage sales shall be limited to a total of 12 days of operation per calendar year at any residential location. (2} Construction sites. Storage of building materials and equipment or temporary building for construction purposes may be located on the site under construction for the duration of the construction. (3) Arrzusement events. Temporary amusement events, including the placement of tents for such events, may be allowed as a temporary use for a maximum of 1 S days per calendar year. In residential districts, such. temporary amusements shall be located on public or semi-public property only. (4) Pro~rratianal activities. Promotional activities involving the outdoor sale or display of merchandisc nay be allowed as a ternparary use in no3;-residential districts for goo a maximum of 30 days per calendar year. (5} Seasonal agricrrltrzz°crl sales. The seasonal outdoor sale of agricultural products, including but not limited to produce, plants and Christmas trees, may be allowed as a conditional use (temporary in nature) for a maximum of 90 days per calendar year, provided such use does not utilize public right-of=way or public property far the sale or display of such items. (6) (~ther• ternpoz•arv uses. In addition to the temporary uses and. structures listed above, the Zoning Administrator may allow other temporary uses and structures for a maximum of 15 days per calendar year, provided the said use or structure is substantially similar to the uses and structures listed herein. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (G) Teznporcrry uses crud structures. The following temporary uses and structures shall be permitted in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable previsions of this article: (2) Garage sales. Residential garage sales shall be limited to a total of 12 days of operation per calendar year at any residential location. (2) Constz•zrctioz~ sites. Storage of building materials and equipment or temporary building for construction purposes may be located on the site under construction for the duration of the construction. (3) hznrrsernent events. Temporary amusement events, including the placement of tents for such events, may be allowed as a temporary use for a maximum of I S days per calendar year. In residential districts, such temporary amusements shall be located on public or semi-public property only. (4) Pz•ozrrotional activities. Promotional activities involving the outdoor sale or display of merchandise may be allowed as a temporary use in non-residential districts for a maximum of 30 days per calendar year. (5) Seasonal czgricrzltural sales. The seasonal autdoor sate of agricultural products, including but not limited to produce, plants and Christmas trees, may be allowed as a permitted use through a 1rcensing procedure for a maximum of 90 days per calendar year, provided such use does not utilize public right-of--way or public property for the sale or display of such items. (v} i~tliF'r? i%rilfiiir"ur'~v' rfic.i. In addition tv iii C' i;iT'iparary usCs slid StrLiCiurfS iistCd 101 above, the Zoning Administrator may allow other temporary uses and structures for a maximum of 15 days per calendar year, provided the said use or structure is substantially similar to the uses and structures listed herein. Chapter 9, Article I, Section 9.110(E)(2) of the Columbia Heights City Code, which currently reads to wit: § 9.110 COMMERCIAL DISTRICTS. (E) G13, General t3rrsiness. (2) Permitted User. Except as specifically limited herein, the following uses are permitted within the GB, General Business District: (a) Comnnmity Center. (b) Government office. (c) Governrrient protective service facility. (d) Public park and/or playground. (e) Recreational facility, indoor. (f} Recreational facility, outdoor. (g) School, vocational or business. (h) School, performing/visual/martial arts. (i) Auditorium/place of assembly. (j) Automobile convenience facility. (k) Automobile repair, minor. (1} Banquet Hall. (m)Billiards Hall. (n) Bowling Alley. (o) Car wash. (p) C iliii~, medical or dcntai. (q) Clinic, veterinary. (r} Daycare facility, adult or child. (s) Financial institution. (t) Food service, convenience (fast food). (u) Food service, limited (coffee shop/deli}. (v} Food service, full service (restaurant/nightclub). (w) Funeral home. (x} Greenhouselgarden center. (y) Health or fitness club. (z) Hotel/motel. (aa) Laboratory, medical. (bb) Liquor store, aff-sale. (cc) Museum or gallery. (dd) Gffice. (ee} Retail sales. Eft} Serviee, professional. 102 (gg} Shopping Center. (hh) Studio, professional. (iij Studio, radio and television. (jj) Theater, live performance. (kk) Theater, movie. Is thereby amended to read as follows: § 9.110 CONIiw111RCIAL DISTRICTS. (E} GI3, General Business. (2) Per`nitted Uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District: (a} Community Center. (b) Government office. (c) Govermnent protective service facility. (d) Public park and/or playground. (e} Recreational facility, indoor. (f) Recreational lacility, outdoor. (g) School, vocational or business. (h) School, performinglvisual/martial arts. (i} Auditorium/place of assembly. (j) Automobile convenience facility. (k) Automobile repair, minor. (1) Banquet Hall. (m)Billiards Hall. (n) Bowling Alley. (o) Car wash.. (p) Clinic, medical or dental. (q) Clinic, veterinary. (r) Daycare facility, adult or child. (s) Financial institution. (t) Food service, convenience (fast food}. (u) Food. service, limited (coffee shop/deli). (v) Food service, full service (restaurant/nightclub). (w) Funeral home. (x) Greenhouse/garden center. (y) Health. or fitness club. (z) Hotel/motel. {aa} Laboratory, medical. (bb} Liquor store, off-sale. (cc} Museum or gallery. (dd} Office. (eel Retail sales. gas (1t) Service, professional. (gg) Shopping Center. (hh} Studio, professional. (ii} Studio, radio and television. (jj) Theater, live performance. (kk} Theater, movie. (11} Outdoors sales and/or display, seasonal. Chapter 9, Article I, Section 9.110(E)(3) of the Columbia Heights City Code, which currently reads to wit: § 9.110 COMMERCIAL DISTRICTS. (E) GB, Genef•al Business. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in ~ 9.104, Administration and Enforcement, and the regulations for specific uses set forth in ~ 9.107, Specific Development Standards: (a) Government maintenance facility. (b) Arcade. (c) Automobile sales/rental, new and used. (d) Recreational vehicle sales, new or used. (e) Firearms dealer/Shooting range. (f) Hospital. (g) Outdoor sales or display. (h) Outdoor storage. (i) Parking Rarrip. (j) Assembly, manufacturing and/or pracessing. (k) Printing andlor publishing. (1) Consignment/Secondhand store. {m)Club or lodge. (n} Currency exchange. (o) Pawnshop. (p} Drop-in facility. Is thereby amended to read as follows: § 9.110 COMMERCIAL DISTRICTS. (E) GB, General Business. (3) Land/tivnal uses. Except as specifically limited herein, the following uses may be allowed in the Cr13, Cleneral F3usialess District, subject to the regulatinns set 104 forth. for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Government maintenance facility. (b) Arcade. (c) Automobile sales/rental, new and used. (d) Recreational vehicle sales, new or used. (e) Firearms dealer/Shooting range. (f) Hospital. (g) Outdoor storage. (h) Parking Ramp. (i) Assembly, manufacturing and/or processing. (j) Printing and/or publishing. (kj Consignment/Secondhand store. {I) Club or lodge. (m)Currency exchange. (n) Pawnshop. (o) Drop-in facility. Chapter 9, Article I, Section 9.110(F)(2} of the Columbia Heights City Code, which currently reads to wit: § 9.110 COMMERCIAL DISTRICTS. (F) C13D, Central 13us'inesr District. (2) Permitted Uses. Except as specifically lirnited he7'ein, the. following uses al'e per77111ted N'Zil1Zn the CBD, Cenirc7l Busyness Drstr7ct. (a) lviuitipie-family residential, when located above a first fioor commercial use. (b) Conununity center. (c) Government office. (d) Government protective services facility. (e) Public parks and/or playgrounds. (f) Recreational facility, indoor. (g) Recreational facility, outdoor. (h) School, vocational or business. (i} School, performing/visual/martial arts. (j} Auditorium/place of assembly. (k) Banquet hall. (l) Billiards hall. (m) Bowling alley. (n) Clinic, medieaI or dentist. (o) Clinic, veterinary. (p) L~cCnsed day e.are faCllzty, adult or Child. 105 (q) Financial institution. (r} Food selvice, convenience (fast food). (s) Food service, limited (coffee shop/deli). (t} Food service, full service (restaurant/nightclub). (u) Health or fitness center. (v) Hotel or motel. (w} Laboratory, medical. (x) Liquor store, aff=sale. (y) Museum. or gallery. (z) Office. (aa) Retail sales. (bb} Service, professional. (ce} Studio, professional. (dd) Studio, radio or television. (ee) Theater, live performance. (ff) Theater, movie. Is thereby amended to read as follows: § 9.110 COMMERCIAL DISTRICTS. (F) CBD, Genital Business District. (2) Pe~°mitted Uses. Except as specifically limited herein, the follotiving uses crre permitted tivithin the CBD, Central Bzsiness District. (a} Multiple-family residential, when located above a first floor commercial use. (b) Community center. (c) Government office. (d) Government protective services facility. (e) Public parks and/or playgrounds. (t) Recreational facility, indoor. (g} Recreational facility, outdoor. (h) School, vocational or business. (i) School, performing/visual/martial arts. (j) Auditorium/place of assembly. (k) Banquet hall. (1) Billiards hall. (m)Bowling alley. (n} Clinic, medical or dentist. (o) Clinic, veterinary. (p) Licensed day care facility, adult or child. (q} Financial institution. (r) Food service, conveniel~ce (fast food). (s) Food service, ln~nited (coffee shop/deli). 106 (t) Food service, full service (restaurant/nightclub}. (u) Health or fitness center. (v) Hatel or motel. (w}Laboratory, medical. (x} Liquor store, off-sale. (y) Museum or gallery. (z} Office. (aa) Retail sates. (bb) Service, professional. (ee) Studio, professional. (dd) Studio, radio or television. (ee) Theater, live performance. (ff) Theater, movie. (ggj Outdoor sales and/or display, seasonal. Chapter 9, Article I, Section. 9.110(F)(3) of the Columbia Heights City Code, which currently reads to wit: § 9.110 COMMERCIAL DISTRICTS. (3) Cnnc~itionc~l User. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards. (a) Government maintenance facility. (b) Arcade. (c) Automobile repair, minor. (d) Outdoor sales and/or display. (e) Outdoor storage. (f) Parking ramp. (g} Ciub or lodge. Is thereby amended to read as follows: § 9.110 COMMERCIAL DISTRLCTS. (3} Condetior~ul tTses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in ~ 9.107, Specific Development Standards. (a) Government maintenance facility. (b) Arcade. (c) Automobile repair, minor. (Ci} °o~iltiioGr St(irage. 107 (e) Parking ramp. (t} Club or lodVe. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: March 26, 2007 Second Reading: , 2007 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk 10$ DRAFT ORDINANCE NO. 1522 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE GB, GENERAL BUSINESS AND CBD, CENTRAL BUSINESS DISTRICTS II~1 THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. OUTDOOR SALES AND/OR DISPLAY, SEASONAL. The sellitzg or displaying of retail nzerclratzdise outside tl~e principal strttctttre, atzd on the same lot as the principal structure. Such sales and/or display may be located itt a temporary structure suc% as a kiosk, greenhouse or temporary tent. Examples of merchandise to be sold include agt•icultura! products, fireworks, Christmas trees, and the like. Chapter 9, Article I, Section 9.106(G) of the Columbia Heights City Cade, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (G) Temporary uses and structures. The following temporary uses and structures shall be permitted in all zoning districts unless specitled otherwise, provided such use or structure complies with the regulatians of the zoning district in which it is located and all other applicable previsions of this article: (1) C"irrycrge sales. Residential garage sales shall be limited to a total of 12 days of operation per calendar year at any residential location. (2} Cot~~structioy~ sites. Storage of building materials and equipment or temporary building for construction purposes may be located on the site under construction for the duration of the construction. {3) ~Irr~usement events. Temporary amusement events, including the placement of tents for such events, may be allowed as a temporary use for a maximum of 15 days per calendar year. In residential districts. such temporary amusements shall be located an public or semi-pubCic property only. 109 (4) Promotional activities. Promotional activities involving the outdoor sale or display of merchandise may be allowed as a temporary use in non-residential districts far a maximum of 30 days per calendar year. (5) Seasonal agr-iczdtural sales. The seasonal outdoor sale of agricultural products, including but not limited to produce, plants and Christmas trees, may be allowed as a permitted use through a licensing procedure for a maximum of 30 days per calendar year, provided such use does not utilize public right-of--way or public property for the sale or display of such items. (6) Other temporary uses. In addition to the temporary uses and structures listed above, the Zoning Administrator may allow other temporary uses and structures for a maximum of 15 days per calendar year, provided the said use or structure is substantially similar to the uses and structures listed herein. Chapter 9, Article I, Section 9.110 of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.110 COMMERCIAL DISTRICTS. (E) GI3, Gef7eral Bzsiness. (2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District: (a) Community Center. (b) Government office. (c) Goverrunent protective service facility. (d) Public park and/or playground. (e) Iecreational facility, indoor. (f) Recreational facility, outdoor. (g} School, vocational or business. (h) School, performing/visual/martial arts. (i) Auditorium/place of assembly. (j) Automobile convenience facility. (k) Automobile repair, minor. (1} Banquet Hall. (m}Billiards Hall. (n) Bawling Alley. (o) Car wash. (p) Clinic, medical or dental. (q) Clinic, veterinary. (r) Daycare facility, adult or child. (s) Financial institution. (t) Faod service, conveniea~ce (fast food). (u} Faod service, limited (coffee shopideii). 110 (v) Food service, frill service (restaurant/nightclub}. (w) Funeral home. (x) Greenhouse/garden center. (y) Health or fitness club. (z) Hotelhnotel. (aa) Laboratory, medical. (bb) Liquor store, aft=sale. (cc) Museum or gallery. (dd) Office. (ee) Retail sales. (ft) Service, professional. (gg) Shopping Center. (hh) Studio, professional. (ii) Studio, radio and television. (jj) Theater, live performance. (kk} Theater, movie. (11) Outdoors sales and/or display, seasonal. § 9.110 COMMERCIAL DISTRICTS. (E) GB, General Business. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Government maintenance facility. (b) Arcade. (c) Automobile sales/rental, new and used. (d} Recreational. vehicle sales, new or used. (e) Firearms dealer/Shooting range. (f) Hospital. b (h) Outdoor storage. (i) Parking Ramp. (j) Assembly, manufacturing and/or processing. (k) Printing and/or publishing. (1) Consignment/Secondhand store. (m)Club or lodge. (n} Currency exchange. (o} Pawnshop. (p} Drop-in facility. (F} C~rt~, ~Ti.'iltFai Bif7iiie.i,5' tnii.sti"iCi. 111 (2) Permitted Uses. Except as specifically limited herein, the,ft~llowing zrses are permitted within the C'BD, Central Bt.rsiness District. (a) Multiple-family residential, when located above a first floor commercial use. (b} Community center. (c} Government office. (d} Government protective services facility. (e) Public parks and/or playgrounds. (f) Recreational facility, indoor. (g) Recreational facility, outdoor. (h) School, vocational or business. (i} School, performing/visual/martial arts. (j) Auditorium/place of assembly. (k) Banquet hall. (1} Billiards hall. (m) Bowling alley. (n) Clinic, medical or dentist. (o) Clinic, veterinary. {p) Licensed day care facility, adult or child. (q) Financial institution. (r) Food service, convenience {fast food). (s) Food service, limited (coffee shop/deli}. (t} Food service, full service (restaurantJnightclub). {u} Health or fitness center. (v) Hotel or motel. (w) Laboratory, medical. (x) Liquor stare, off-sale. (y) Museum or gallery. (z) Office. (aa) Retail sales. (bb) Service, professional. (cc) Studio, professional. (dci) Studio, radio or television. (ee) Theater, live performance. (ft) Theater, movie. (gg) Outdoor sales and/or display, seasonal. (3) Canditioncrl Uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth. for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in ~ 9.107, Specific Development Standards. (a} (,3ovt;rdl111ent I11alntenallCe laClllty. ('o} arcade. 112 (c) Automobile repair, minor. fd) (e} Outdoor storage. (f) Parking ramp. (g) Club or lodge. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: March 26, 2007 Second Reading: , 2007 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk 113 CITY OF COLUMBIA HEIGHTS PLANNING REPORT GASE NUMBER: 2007-0302 DATE: March 6, 2006 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Seasonal Outdoor Sales PREPARED BY: Jeff Sargent, City Planner BACKGRQUND The Planning Commission and the City Council's time are not put to the best use while processing a request for Seasonal Outdoor Sales proposals. The Seasonal Outdoor Sales applications that are received by the City are proposed by companies that have been conducting the same business in the same location for a considerable amount of time. In the 2006 season, three of the nine Conditional Use Permits that were processed by the Planning Commission and the City Council were proposals for greenhouses throughout the city. Those three companies requesting the CUP have conducted 31 combined years of business in the City of Columbia Heights. The Linder's Greenhouse, which locates in the Rainbow Grocery Store parking lot, has conducted business in Columbia Heights for the past 17 years. Each year, the application is identical to the previous year's application, and each year the CUP gets approved. This redundancy of applying for and receiving a CUP for this type of use throughout the city wastes the Planning Commission and City Council's time. For this reason, Staff proposes the Planning Commission recommend amending the Zoning Code, eliminating the requirement for a Conditional Use Permit (CUP) for all future Seasonal Outdoor Sales activities. All future Seasonal Outdoor Sales activities would be a permitted use in the district which they are currently allowed, and would require a peddler's license through the City. When applying for the peddler's license, the applicant would still be subject to review from the Planning, Building and Fire Departments for compliance to the City Code. 114 City of Columbia Heights Planning Commission March 6, 200? Text Amendment, Auto Lots Case # 2007-0302 COMPREHENSIVE PLAN The proposed zoning amendment would not affect the Comprehensive Plan, as no new zoning districts would be created. FINDINGS OF FACT The City Council shat( make the following 4 findings before granting approval of a request to amend the City Code. These findings are as follows: a) The amendment is consistent with the comprehensive plan. The amendment is consistent with the Comprehensive Plan because no new zoning districts will be created with the proposed zoning amendment. b) The amendment is in the public interest and is not solely for the benefiit of a single property owner. The proposed amendment would allow for a better use of time for the Planning Commission and City Council. All future Seasonal Sale operators would be affected. Therefore the proposed zoning amendment would not be solely for the benefit of a single property owner. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of {pro~,.perty within the general area of the property in question are compatible Y~r itf i the pl opo Jed Gonll ll~. I+IQJJIfII+Q tIVn. The zoning amendment does not change the zoning classification of a particular property. d} Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the genera{ area of the property in question, which has taken place since such property was placed in its current zoning classification. The zoning amendment does not change fhe zoning classification of a particular property. RECOMMENDATION: City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. This ordinance amendment would allow for seasonal outdoor sales to be a permitted use in tips Page 2 City of Columbia Heights Planning Commission March 6, 2007 Text Amendment, Auto Lots Case # 2007-0302 the districts in which they are currently allowed. The requirement for a Conditional Use Permit for such activity would be abolished. Motion: The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. Attachments • Draft Ordinance ~~s Page 3 COLUMBIA HEIGHTS CITY COUNCIL LETTER lvieetinr? of: April 9. 2p07 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: (p C Community Development APPROVAL ITEM: 1st Reading: Ordinance 1523, Zoning BY: Jetf Sargent, City Planner BY: Amendment to the Zoning Cade as it Relates to DATE: April 4, 2007 (/ ~'~ ~~'~ ~ Temporary Signs. a`' BACKGROUND: Staff proposes amending the zoning code regarding temporary signage to better implement the intent of the goals of the Comprehensive Plan and the Design Guidelines adopted for the Central Avenue and 40°i Avenue corridors. A temporary sign is defined in the City Code as "A sign, banner, pennant, valance, or advertising device intended to be displayed for a limited period of time, whether portable or attached to the principal structure". The current zoning code allows for temporary signage that is not consistent with the intent of the Comprehensive Plan or Design Guidelines for the Central Avenue and 40°i Avenue corridors. Lack of effective regulation regarding temporary signage is found in the following areas: 1. The permitted location of a temporary sign on a building. 2. The number of temporary signs allowed on a building at any given time. 3. The duration in which a temporary banner may be displayed for. 4. Freestanding portable signage less than 8 square feet in area. Without effective regulation to establish minimum. standards to guide the use of temporary signage, 40'x' Avenue and particularly Central Avenue will continue to have a shoddy, cluttered and unkempt appearance. The proposed amendments would not take away the ability for a business owner to utilize temporary signage; rather it would mandate a set of minimum standards to display a temporary sign, in the same manner as displaying permanent signage. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1523, being ample copies available to the public. Move to set the second reading of Ordinance No. 1523 for Monday, April 23, 2007, at approximately 7:00 p.rn. in the City Cor.rncil Chambers. Httacllments: Llrcr/t Vrdnacrf7ce IJ1~. Y+L COUNCIL ACTION 117 ORDINANCE NO. 1523 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO TFIE USE OF TEMPORARY SIGNAGE IN THE BUSINESS DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SIGN, SANDWICH BOARD. A freestanding "A" frame sign, not requiring staking to the ground, placed near the entrance of a retail store to direct pedestrians to that business. Chapter 9, Article I, Section 9.106 (P) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign Regulations. (6) P~~ohibited Signs. Signs that are not specifically pernlitted in this division 1 ,.....L.. 1 L7~...,1 it .17 _a_: _.._ t ~ t L_ iTt are ilcicvy proi3lvi~cu in ail ui~ui~i~ i.inicss ci'itcria is preseriteu to allow iuc rianiiiiig Commission to deem. that the sign design preserves and maintains the community's unique historical and cultural elements. VJitl~out restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: (a) A balcony sign and a sign matulted or supported on a balcony. (b) Any sign that obstructs and part of a doorway or fire escape. (c) Any sign which, because of its position, movement, shape, illumination or color constitutes a traffic hazard because it obstructs free and clear vision, or interrupts, confuses or misleads traffic. (d} A private sign containing words or symbols, which might reasanably be construed as traffic controls. ~~s (e) An animated or rotating sign, except barber poles and signs displaying time and temperature infarmation only in the animated or rotating portion thereof. (f) A flashing sign, including indoor flashing, electrical signs visible from the public right-of--way, other than time and temperature signs limited to such time and temperature information. (g) A sign or graphics painted directly on any exterior surface of a building or structure. However, sign letters and symbols may be attached directly to an exterior surface by adhesive or mechanical means. (h) Any roof sign, unless attached to mansard roof or similar decorative style roof thai is vertical in nature. (i) A projecting sign which either extends more than 18 inches from the building or stricture to which it is attached, or which is larger than three feet in vertical height, other than canopy or marquee signs. (j) Any sign that does not display the name of the manufacturer or maker permanently attached to, or painted or printed on, the exterior or structural supports of the sign. (k) Any sign that is erected, placed or maintained by any person on a rock, fence or trees. (1) Any sign that interferes with any electric light, or power, telephone, telecommunications, or telegraph wires, or the supports thereof. {m) Any sign containing electrical wiring which does not conform to the Electrical Code or the components thereof do not bear label of an approved testing agency. (n} Any window sign or signs which exceed 25% of the total area of the window on or in which it is displayed. (o} A11 portable signage o~eeedi_-i~a=-?i-o~;,1;--ef;~,are=feet, excluding sandwich board signs. (p) T'eanporary signage stuck into the ground, excluding political signs regulated per state statute, professional real estate signs, garage sales signs, and any signs listed i Section 4.106 (P)(5). 119 (7) Terrrpor~crry Sign.c. The fallowing standards shall apply to temporary signs in all zoning districts: (a) Each temporary sign, with the exception of sandwich board signs, shalt require a sign permit from the City of Columbia Heights. (b) No more than four (4) temporary sign permits may be issued per business per calendar year. (c) No more than two (2) temporary signs shall be displayed per business at any given time. If the business is located within a shopping center, no more than four (4} temporary signs may be displayed throughout the shopping center at any given time. {-~}(d} Any sign not considered permanent shall be considered temporary. (e} Temporary signage may not be used as permanent wall signage for the business. (-l~}(f) Temporary hers signs or pennants shall not exceed ? f_°_*'~;~ ''n ~°°_' =~ s~ 32 square feet in area for businesses located in the CBD, Central Business District, and shall not exceed 48 square feet in area throughout the remainder of the City and shall be directly and fully attached to the wall of the building. (g) Each temporary sign shall be limited to a 30-day display period per permit. (~l(h} Nn te~npprary cigng shall extend over pr into any street; alley; sidewalk. or other public thoroughfare ~ ~'~~*^~^° ^ °^+°- +c.°~ ^n ; ,.~,o~ +:.~,~, t~16~,uiz .,~.,;,.,, ;~ ° ,..°a ~~°~a °~ ~.° ri~^ °a ,.+ „ » and iiy wail, may not cover more than 25% of window area such that 75°,~0 of the total window area is kept clear at all times. {d-j(i) No temporary sign shall be erected so as to prevent free ingress to or egress from any door, window or fire escape, nor shall such sign be attached to any standpipe or lire escape. (e-}(j) Unauthorized use af~ temporary signage shall be subject to the other sanctions as provided. herein. (k) Sandwich Board Signs. (I) Permitted in the L, Limited Business, G, General Business, and CBD, Central Business District only. ~zo (2) One (1) sandwich board sign is permitted per business. (3) Sandwich board signs are limited to eight (8) square feet in area per side. (4) Sandwich board signs are limited to five (5) feet in height. (5) The sign shall be professionally painted and maintained in a neat and readable manner. (6) Signs shall be placed on private property only, and shall be setback at least five (5) feet from all property lines. (7) Signs shall not obstruct vehicular or pedestrian traffic or visibility and shall not create a safety hazard. (8) Signs shall not be lighted and shall not utilize noise amplifiers. (9) In the CBD, Central Business District only, sandwich board signs may be placed on public sidewalks, directly in front of the business being advertised. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: ~0~7 2007 Mayor Gary L, Peterson Attest: Patricia Muscovitz, L7eputy C=ity Clerk 121 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007-0403 DATE: April 3, 2007 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Temporary Signage PREPARED BY: Jeff Sargent, Gity Planner BACKGROUND Staff proposes amending the zoning code regarding temporary signage to better implement the intent of the goals of the Comprehensive Plan and the Design Guidelines adapted for the Central Avenue and 40th Avenue corridors. A temporary sign is defined in the City Code as "A sign, banner, pennant, valance, or advertising device intended to be displayed for a limited period of time, whether portable or attached to the principal structure". The current zoning code allows for temporary signage that is not consistent with the intent of the Camprehensive Plan or Design Guideiines for the Centrai Avenue and 40th Avenue corridors. The current code aiiows for clutter that is aesthetically unappealing and does not implement the policies outlined in Design Guidelines. A survey of the Central Avenue corridor revealed that there are approximately 112 temporary signs along the 2-mile stretch of road, not including the temporary signage used in the City of Hilltop. Lack of effective regulation regarding temporary signage is found in the following areas: 1. The permitted location of a temporary sign on a building. 2. The number of temporary signs allowed on a building at any given time. 3. The duration in which a temporary banner may be displayed far. 4. Freestanding portable signage less than 8 square feet in area. LOCATION. The current Sign Code allows temporary signs to be placed anywhere on the building. The current code would allow far signs to hang from canopies, roofs, posts, and the like. (Figure 1, and Figure 2). 122 City of Columbia Heights Planning Commission April 3, 2007 Text Amendment, Temporary Signage Case # 2007-0403 Without effective regulation to establish minimum standards to guide the use of temporary signage, 40th Avenue and particularly Central Avenue will continue to have a shoddy, cluttered and unkempt appearance. The proposed amendments would not take away the ability for a business owner to utilize temporary signage, rather it would mandate a set of minimum standards to display a temporary sign, in the same manner as displaying permanent signage. COMPREHENSIVE PLAN Discussion of regulations begins with identifying the community's goals for aesthetics and image found in the Comprehensive Plan. The Comprehensive Plan identifies the goals; the purpose of the zoning ordinance is to guide private activity toward the achievement of those goals. The City's Comprehensive Plan indicates several goals for the economic and commercial vitality of the city. Some of these goals include: 1. Establishing and maintaining a strong sense of community. 2. Strengthening the image of the community as a desirable place to live and work. 3. Enhancing the physical appearance of the community. 4. Improving the image of commercial areas as friendly and safe environments for residents and visitors: The implementation of these goals centers on the City's ability to redevelop the commercial and retail sectors and establish a friendly working and living environment for the residents of and visitors to Columbia Heights. A coalition was formed in 2002 to draft the Design Guidelines required for future development and redevelopment projects along 40th Avenue and Central Avenue. The Design Guidelines establish a set of minimum standards for developers and the City to follow when constructing new buildings or building additions to existing ones. The intent of the Design Guidelines is to establish a basis for implementing the goals outlined in the Comprehensive plan. The proposed zoning amendments facilitate the ability to carry this intent forward. The objective in the Design Guidelines for signage is that "signs should be architecturally compatible with the style, composition, materials, colors and details of the building, and with other signs on nearby buildings. Signs should be an integral part of building and site design» The Design Guidelines regulate such things as the types of signs to be used, the shape of signs, the placement of signs on the building, the colors and materials the signs could incorporate, and the illumination of the signs. The Design Guidelines incorporate these specific criteria in arder to enhance the aesthetic appeal of the city. t2s Page 5 City of Columbia Heights Planning Commission April 3, 2007 Text Amendment, Temporary Signage Case # 2007-0443 FINDINGS OF FACT The City Council shall make the following 4 findings before granting approval of a request to amend the City Code. These findings are as follows: a) The amendment is consistent with the camprehensive plan. The proposed amendment would make the current standard for temporary signage more consistent with the intent of the Comprehensive Plan and Design Guidelines. b} The amendment is in the public interest and is not solely for the benefit of a single property owner. The Design Guidelines coalition formed in 2002 was partly comprised of citizens and business owners representing the public at large. The proposed amendment would establish standards along Central Avenue, which would better reflect the intent of theDesign Guidelines. For this reason, the proposed amendment would be beneficial to the public. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zaning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The zoning classification of land will not change. d) Where the amendment is to change the zaning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The zoning classification of land will not change. REC®MMENDATIt7N: City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. Motion: The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. chments • Draft Ordinance 1z~ Page 6 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: At~ril 9, 2007 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: (,p~ Community Development VA L APPRO ~ ITEM: 1st Reading: Ordinance 1524, Zoning BY: Jeff Sargent, City Planner ~ BY: ~~,'` ~, ~ ~` Amendment to the Zoning Code as it Relates to DATE: April 4, 2007 Parking Stall Lengths. BACKGROUND: Staff proposes amending the zoning ordinance regarding parking stall lengths to better implement the intended goals of the Comprehensive Plan. Reducing the parking stall lengths would provide better flexibility in site design, while helping to potentially reduce hard surfaces and providing better on-site traffic circulation. In the past year, the Sarna's Restaurant, Taco Bell and Comforts of Home have submitted land use applications requesting a variance to the parking stall length requirement. In all cases, the applicants requested a reduction from the standard 20-foot parking stall length to 18 feet. Ultimately, the Council approved the parking stall length reduction for the Sarna's Restaurant and Comforts of Home. In each case, the applicants argued that the 20-foot parking stall length was an unnecessary restriction, stating that an 18-foot parking stall length would result in better traffic circulation throughout the development, an increase in the amount of green space on the parcel, and less surface water runoff. Staff conducted a survey of the other first-ring suburbs, as well as Minneapolis and St. Paul, focusing on 90° head-to-curb parking stall lengths. Five cities, namely Columbia Heights, Golden Valley, Plymouth, Saint Anthony and West Saint Paul, require a parking stall length of greater than 18 feet. Of those five cities, only Columbia Heights and West Saint Paui require a minimum parking stall length of 20 feel. Of the 1 ~ cities surveyed, i0 eitics allow a minimum parking stall length of 18 feet. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1524, being ample copies available to the public. Move to set the second reading of Ordinance No. 1524 for Monday, April 23, 2007, at approximately 7:00 p.m. in the City Council Chambers. Attactunents: Uyatt (lydmance l314, t'+G COUNCIL ACTION ~2s ORDINANCE NO. 1524 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE LENGTHS OF REQUIRED OFF-STREET PARKING STALLS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (L)(7)(a) of the Columbia Heights City Code, is proposed to include the following additions and deletions. §9.106 GENERAL DEVELOPMENT STANDARDS (L} Off-street parking and loading. (7) Design and maintenance of parking facilities. Off street parking facilities are subject to the following design and maintenance requirements: (a) Size of parking spaces. Eac11 parking space shall be not less than 9 feet wide and 20 feet in length, exclusive of an adequately designed system of access drives In the case where the parking space is abutting a curb at its narrowest dimension, the parking stall length may be reduced to 18 feet. In parking lots with more than 300 spaces, up to 40% of such spaces may be designated and clearly marked. as compact car parking spaces with signage that is reasonably visible year round. A compact car parking space shall not be less than 8 feet wide and 18 feet in length, exclusive of the adequately designed system of access drive. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: , 2007 Second Reading: , 2007 Date of Passage: Offered by: Seconded bv: Roll Call: I~'Iayor Gary L. Peterson ~zs Attest: Patricia Muscovitz, Deputy City Clerk 130 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007-0404 DATE: April 3, 2007 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Parking Stall Lengths PREPARED BY: Jeff Sargent, City Planner BACKGROUND Staff proposes amending the zoning ordinance regarding parking stall lengths to better implement the intended goals of the Comprehensive Plan. Reducing the parking stall lengths would provide better flexibility in site design, while helping to potentially reduce hard surfaces and providing better on-site traffic circulation. In the past year, the Sarna's Restaurant, Taco Be(I and Comforts of Home have submitted land use applications requesting a variance to the parking stall length requirement. In all cases, the applicants requested a reduction from the standard 20- c ~ u 44 ~_ w n t a 1 1 1 1.. i~ _ P+_. •1 ~1 aL. Lt I root parking stau lengl(1 w ~ a ~ee~. U~tirr~a~e~y, a ~c ~uUnc.. approveu a.e parn~ng star length reduction for the Sarna's Restaurant and Comforts of Home. In each case, the applicants argued that the 20-foot parking stall length was an unnecessary restriction, stating that an 18-foot parking stall length would result in better traffic circulation throughout the development, an increase in the amount of green space on the parcel, and less surface water runoff. Staff conducted a survey of the other first- ring suburbs, as well as Minneapolis and St. Paul, focusing on 90° head-to-curb parking stall lengths. The foilovving table shows the results of the survey for standard sized cars: C~ Stall Width Stall Length Brooklyn Center 8'8" 18' Columbia Heights 9' 20' Edina 8'6" 18' Fridley 9' 18' widen ~vt~aliey ~' ~ e+'F'" Maplewood 9'6" 18' 131 City of Columbia Heights Planning Commission April 3, 2007 Text Amendment, Parking Stall Lengths Case # 2007-0404 C~ Minneapolis New Brighton Plymouth Robbinsdale Roseville Saint Anthony Saint Louis Park Saint Paul West Saint Paul Stall Width 8,&„ 9' 9' 8'6" 9' 9' 8'6" 9' 9' Five cities, namely Columbia Heights, Golde West Saint Paul, require a parking stall length cities, only Columbia Heights and West Sain length of 20 feet. Of the 15 cities surveyed, length of 18 feet. COMPREHENSIVE PLAN Stall Length 18' 18' 18'6" 18' 18' 19' 18' 18' 20' n Valley, Plymouth, Saint Anthony and of greater than 18 feet. Of those five t Paul require a minimum parking stall 10 cities allow a minimum parking stale Discussion of regulations begins with identifying the community's economic development goals for promoting the city, found in the Comprehensive Plan. The Comprehensive Plan identifies the goals; the purpose of the zoning ordinance is to guide private activity toward the achievement of those goals. The City's Comprehensive Plan indicates several goals for the economic and commercial vitality of the city. Same of these goals include: ~ ~nh~nnc the econarr?!c :~labllity of the ~amrni inity, i. ~ n i u ~ w v 2. Promote reinvestment in properties by the commercial and industrial sectors. 3. Provide a wide variety off employment opportunities within the community. 4. Reduce and control excessive volumes and rates of rainwater runoff. The implementation of these goals centers on the City's ability to redevelop the commercial and retail sectors and establish a friendly working and living environment far the residents of and visitors to Columbia Heights. Reducing the parking stall lengths from 20 feet to 18 feet would provide better flexibility in site design, traffic flow, and traffic accommodation on a property. FINDINGS OF FACT The City Council shall make the following 4 findings before granting approval of a request to amend the City Gode. These findings are as follows: a} The amendment is consistent with the comprehensive plan. 7 sz Page 2 City of Columbia Heights Pianning Commission April 3, 2007 Text Amendment, Parking Stall Lengths Case # 2007-0404 The Comprehensive Plan indicates several goals for economic development in relation to the commercial sectors of the city. By reducing the parking stall lengths, mare flexibility would be provided, which in turn could promote economic growth throughout the City. b) The amendment is in the public interest and is not solely far the benefit of a single property owner. The proposed amendment is consistent with the majority of the minimum standards for parking stall lengths throughout the first-ring suburbs of Minneapolis and St. Paul. The proposed amendment is intended to benefit the City as a whole. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The zoning classification of land will not change. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The zoning classification of land will not change. RECOMMENDATION: Motion: The Planning Commission recommends that the Gity Council approve the text amendments as outlined in the attached draft ordinance. Attachments • Draft Ordinance 133 Page 3 CITY COUNCIL LETTER Meeting of April 9, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: ~ ~ APPROVAL ITEM: Adopt Resolution For BY: Gary Garman BY:~~ f ~r ,~r' Abatement ~v'`~' DATE: April 2, 2007 DATE: NO: 2007-53 Declaration of a nuisance and abatement ofviolations within the City of Columbia Heights is requested against Va-Megn Thoj regarding property at 4656-58 Polk Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-53, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-53, a resolution of the City Council of the City of Columbia Heights declaring the property at 4656- 4658 Polk Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 134 RESOLUTION 2007-53 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Cade, of the property owned by t1a-Megn Thoj (Hereinafter "Owner of Record"}. Whereas, the owner of record is the legal owner of the real property located at 4656-4658 Polk Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article lI, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on March 19, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Colombia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. On March 1, 2007 the Fire Department was called to 4656-4658 Polk Street N.E. after receiving information that one of the units was unsecured. The Fire Department notified the City's chosen contractor and requested that the board the entrance to the unit to secure it. 2. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Secured the units on building to prevent unauthorized access. 3. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). C;OIVCLUSiONJ OF l.OiJ'N%iL 1. That the property located at 4656-4658 Palk Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. That al l appl icable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 135 1. The property located at 4656-4658 Polk Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2007 Offered by: Second by: Roil Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 136