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HomeMy WebLinkAboutMarch 10, 2008 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDU (763) 706-3692 Visit our rvebsife at: wtvtv.ci.cnlrunhia-heinhts.ntn.a,e Ma x~r Gat1' ~~ Pelersort Cnancihttetnbers Robert .4. Il'illimtts Bruce NaHrocki Tanunera Dzc?vr. Bruce Kelzenberg Cih~ Manager {{'alter R. F'eltrl The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, March 10, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) I. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Lorraine Mel, Irlunaculate Conception Catholic 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. RECOGNITION, ANNOUNCEMENTS AND GUESTS A. Proclamation -Tibet Day -March 10, 2008 p4 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve nunutes of the February 25, 2008 Columbia Heis?hts City Council meeting. p~ MOTION: Move to approve the minutes of the February 25, 2008 Columbia Heights City Council meeting. B. Approve minutes of the March 3 2008 Special Columbia Hei htg s Gity Council meeting. p23 MOTION: Move to approve the minutes of the March 3, 2008 Special Columbia Heights City Council meeting. C. Accept Board and Commission meeting minutes. pa s MOTION: Move to accept the minutes of the March 5, 2008 Planning and Zoning Commission. D. Approve reappouitment of Board and Commission members with expir'n~ terms and Appoint Gerald Herringer to the Economic Development Authority p48 MOTION: Move to re-appoint Lynette Thomson to the Library Board for a three year term; Marlaine Szurek and David Thompson to the Planning and Zoning Conunission for four year City Council Agenda Monday, March 10, 2008 Page 2 of 5 terms; Richard Anderson to the Traffic Coimnissian for a four year term; Bob Buboltz, Dan Swee, Bradley Peterson and Kenneth Henke to the Teleconununications Commission for two year terms; and Gerald Foss and Stan Hoium for five year terms and David Payne and Kevin McDonald for two year terms to the Park and Recreation Commission effective April 1, 2008. MOTION: Move to appoint Gerald Herringer to the unexpired Econonuc Development Authority term to expire January 8, 2012. E. Adopt Resolution 2008-43. for 2008.2009. and 2010 Salarv and Fringe Benefit Adjustment for Non-Union SupervisoryEmployees. - p51 MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-43, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized supervisory city positions for calendar years 2008, 2009, and 2010. F. Adopt Resolution 2008-44, for 2008, 2009, and 2010 Salarv and Fringe Benefit Adjustment for Non-Union Essential and Confidential Emplo~s_ p57 MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-44, adapting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized essential and confidential city positions for calendar years 2008, 2009, and 2010. G. Adopt Resolution No. 2008-48 re arding the Memorandum of Understanding with the Public p61 ivlallagerS' Association. MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 200$-48 regarding the Memorandum of Understanding between the City ofColumbia Heights and the Public Managers' Association, effective 3anuary 1, 2008 -December 31, 2010. H. Adopt Resolution 2008-49, being a Resolution regarding the City Manager's Compensation. p68 MOTION: Move to waive the reading of Resolution 2008-49, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-49, being a resolution regarding the City Manager's compensation. L Adopt Resolution 2008-51 being a Resolution declaring the Intent to Bond for a Public Safety pro Building MOTION: Move to waive the reading of Resolution 2008-51, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-51, being a resolution approving the declaration for the official intent of the City of Columbia Heights to bond for expenses related to the construction of a public safety building. 2 ~`ity Council Agenda Monday, March 10, 2008 Page 3 of 5 J. Authorization to seek bids for 2008 site landscaping for Municipal Liquor Stores and Huset p72 Parkway Roundabout MOTION: Move to authorize the advertisement of public bids for 2008 Site Landscaping for Municipal Liquor Stores (2) and Huset Parkway Roundabout. K. Adopt Resolution No 2008-50 supt~orting application for a cast sl~arin~ agreement(s) for the replacement of the pedestrian bride and a pedestriai~/bikeway mobility plan. p73 MOTION: Move to waive the reading of Resolution No. 2008-50, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-50 supportltlg request for infrastructure funding through the NNTP Grant Program for the construction of a pedestrian bridge over Central Avenue (TH65) at 49th Avenue. L. Approval of Professional Services Agreement with Klmley Horn for Professional Services for the turn lane design at 50th and Central Avenue. p75 MOTION: Move to approve the Professional Services Agreement with Klmley Horn and Associates for engineering consultant services far the signal report, preliminary and final design and construction plans and bidding for the turn lane at 50th and Central Avenues in an amaunt not-to-exceed $32,000. M. Anbrove Landine of Minnesota National Guard Helicopter on 3/27/08_at_Hghland Elementar School and on 6/11/08 at Huset Park. pis MOTION: Move to approve the landing and take-off of a Minnesota Air National Guard helicopter during Safety Camp at Huset Park on Wednesday, June 11, 2008 from 1-2 p.m. and at Highland Elementary School, 1500 49th Avenue on Thursday, March 27, 2008 from 10:00 - 11:00 a.m. N. Installation of stop signs at the intersections of Tyler Street and Polk Street at 39th Avenue. p~~ MOTION: Move to approve the installation of stop signs on Tyler Street and Polk Street at 39th Avenue based on a recommendation of the Traffic Commission. O. Award of 2008-2009 Tree Removal Program pis MOTION: Move to award the 2008-2009 Removal of Trees and Stumps, Trees Only or Stumps Only on Public and Private Property Contract to Bluemel's Tree and Landscape, Inc. of Hudson, Wisconsin, based upon their low, qualified, responsible total bid for tree and stump removal, tree removal only, or stump removal only; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. P. Approve Business License Applications pao Motion: Move to approve the items as listed on the business license agenda for March 10, 2008 as presented. Q. Approve ~ayment of the bills p82 MOTION: Move to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 124919 through Check Number 125103 in the amount of $939,857.73. MOTION: Move to approve the Consent Agenda items. ~iiy ~vuiicii E",~cuua Monday, March ]0, 2008 Page 4 of 5 6. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Apr~roval ofa Conditional Use Permit for outdoor sales/display at 3939 Central Avenue. p91 MOTION: Move to waive the reading of Resolution 2008-52; there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-52, approving a Conditional Use Permit for an outdoor sales/display establishment located at 3939 Central Avenue, subject to the conditions outlined in Resolution No. 2008-52. 2. Apuroval of a Conditional Use Permit and Lot Split for a twin home at 3807-3809 Pierce pso9 Street MOTION: Move to waive the reading of Resolution 2008-53, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-53, approving a Minor Subdivision of the property at 3807-3809 Pierce Street, subject to the conditions outlined in Resolution No. 2008- 53. MOTION: Move to waive the reading of Resolution 2008-54, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-54, approving a Conditional Use Permit for a twin home use at the property located at 3807-3809 Pierce Street, subject to the conditions outlined in Resolution No. 2008-54. B. Bid Considerations C. Other Business 7. PUBLIC HEARINGS A. 2nd Reading: Ordinance 1537, Zoning- Amendment to create the Public and Open St~ace District p1~~ MOTION: Move to waive the reading of Ordinance No. 1537, being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1537, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1537. B. 1st Reading: Ordinance 1536, Zoning amendment as it relates to Temporary Signage p144 MOTION: Move to waive the readuig of Orduiance No. 1536, being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1536, for Monday, March 24, 2008, at approximately 7:00 p.m. in the City Council Chambers. C. Adopt Ordinance No. 1538, being an Ordinance relating to surface drainage connection and p156 discharge inspection incentive. MOTION: Move to waive the reading of Ordinance No. 1538, there being ample copies available to the public. City Council Agenda Monday, March 10, 2008 Page 5 of 5 MOTION: Move to adopt Ordinance No. 1538, beilig an Ordinance amending Ordinance No. 1490, City Code of 2005 relating to surface drainage connection and discharge inspection incentive. D. 1st Reading: Ordinance 1539, Establishing Sullivan Shores Housing Improvement Area psss MOTIOIN: Move to waive the reading of Ordinance No. 1539, there being an ample amount of copies available to the public. MOTION: Move to set the Second Reading of Ordinance No. 1539, for Monday, March 249 2008, at approximately 7:00 p.m. in the City Council Chambers. E. Adopt Resolution 2008-47. 600 51st Avenue N.E. being a Resolution of the Citv Council of the Cityof Columbia Heights approving rental license revocation for failure to meet the p166 requirements of the Residential Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-47 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2008-47 being a 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 licenses listed. F. Adopt Resolution 2008-46, 4800 4th Street N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Heights. X169 MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-46 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2008-46, being a resolution of the City Council of the City of Columbia heights declaring the property listed a nuisance and approving the abatement of violations fioin the property pursuant to City Code section 8.206. 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the Ciry Attoniey 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. 10. COUNCIL CORNER 11. ADJOURNMENT Walter R. Fehstj City Manager WF/pvm Proclamation March 10, 2008 TIBET DAY in the City of Columbia Heights WHEREAS, the United States Congress has enacted legislation declaring Tibet an occupied country whose true representatives are the Dalai Lama and the Tibetan Government in exile; and WHEREAS, the United Nations Human Rights Sub commission has passed a resolution concerning the present threat to the distinct cultural, religious, and national identity of the Tibetan people; and WHEREAS, the suppression of human rights and freedom in Tibet must be the concern of all freedom-loving people everywhere; and WHEREAS, on March 10, 2008, Tibetans throughout the world will gather in their host countries to commemorate the 49th anniversary of the Tibetan National Uprising against the Chinese occupation of their country and honor more than a million Tibetans who have died in their struggle for the independence of Tibet; and WHEREAS, SEILT Healthcare Minnesota, the Tibetan American Foundation of Minnesota, the Minnesota Tibetan Youth Congress, the Tibetan Women's Association of Minnesota and the Minnesota Chapter Of Students For Free Tibet will gather to commemorate this day at the Capitol of the State of Minnesota; and WHEREAS, it is fitting that we recognize Minnesota's Tibetan corrununity and their plea for justice on this 49th Anniversary of Tibetan National Uprising Day; NOW, THEREFORE, I, Mayor Gary L. Peterson do hereby proclaim March 10, 2008 TIBET DAY in the City of St. Paul, and I commend this observance to all citizens. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Columbia Heights to be affixed. Done at City Hall in the City of Columbia Heights this 10th day of March in the year two thousand eight. Mayor Gary L. Peterson City of Columbia Heights, Minnesota ur'r'I(:lAL YxUC;EEDINC:s CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING FEBRUARY 25, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, February 25, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Rev. Dave Briley, Oak Hiil Baptist Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawroeki, Councilmember Kelzenberg, Councilmember Dielun (arrived at 7:15 p.m.) PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson indicated the addition of Resolution 2008-41 License revocation of 4201 Quincy Street and the removal of Resolutions 2008-38, 2008-37, and 2008-35 as these properties have been brought into compliance. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. Acknowledge Highland Elementary Awards Highland Elementary Principal Katherine Page and Teachers Meg Van Eperin and Hanni Baugh- Thomas were present. Principal Page spoke of the school's accomplishments and awards received from the MN Dept. of Education, MN Academic Association, and Title I School. She indicated her appreciation of the support given by the community. Peterson thanked them for their hard ~.~~orl; and exceeding expectations. B. Presentation by DeVetter Design Group of architect's rendering of the additional gymnasium at the Columbia Heights High School site and consideration of a Joint Powers Agreement (JPA~ with School District #13 regarding_operation, maintenance, and programming of the Cit~g~ at the Columbia Hei ht~s Nigh School site. Walt Fehst, City Manager, indicated that the DeVetter Design Group has done a design for our gym space at the high school. We have attended at least ten meetings, half with the design group and the rest with the School District Manager of Finance Joe Primus and their Attorney Joe Langel. Fehst distributed the proposed Joint Powers Agreement (JPA) and stated that if the Council chooses not to act tonight, a special meeting could be scheduled for next Monday to make the decision. Fehst introduced Paul DeVetter, DeVetter Design Group. DeVetter stated that the City's involvement has added a wonderful dynamic to the school's proposed gym, allowing for a balanced site. He gave the history of the site development for the one gym. This additional gym will allow for a nice green space, two gymnasiums and a joint service area. DeVetter described the plan layout. The City's space would include a gymnasium, small workout equipment area and seating area. Both facilities can be locked separately from the other. The City's gym would be six to eight feet underground on the back side with a retaining wall for the purpose of exit space. DeVetter showed several views of the proposed buildings. Someone questioned if the glass area would have smoked glass. DeVetter indicated that we want the activity visible, yet not able to identify individual people. City Council Minutes Monday, February 25, 2008 Page 2 of 16 Fehst stated that the JPA needs to be approved by March 4 to move forward with the design. The square footage is 13,355 including gym space, locker room facilities, showers, two office spaces, 550 sq. ft. exercise room, and lobby reception area. DeVetter indicated that this approval time line would allow plans and construction documents to be drawn. up, receive bids, and begin construction in July. Nawrocki indicated his pleasure that we are working with the School District on this rather than a $10 to $20 million facility. Nawrocki stated that he requested previously for the Activity Center Connnittee to look at this concept plan. Peterson stated that this had not _yet taken place. Nawrocki questioned the number of hours we would use the facility daily and the operating costs. Fehst stated that the JPA conunits the School District and City to work together on a square foot cost. The cost per square foot would be $.44 for the boiler and $.24 for electric, with the electric being metered. We would look to work with their cleaning and maintenance persoiu~el, with the option to go on our own, if we choose. The over all cost is estimated at $3.98 per square foot. We may use our facility more in the summer, but we need flexibility. Fehst stated that the Mayor is baking for the highest achievement in usage of the facility. Nawrocki stated it is a good idea to put money in escrow for future maintenance. Fehst estimated that we will spend about $52,000 a year to maintain the building, not including our manpower to run programs. Some indirect labor costs for weekend tournaments may come fiom entry fees. Fehst referred to the current school charge of time and one-half for weekend supervision, but this would be included in the overall cost. We may review maintenance costs after a year, but we are looking to share the cost as the greatest benefit to the community. Nawrocki asked if our recreation department will need additional personnel. Fehst stated that we may have some current persomiel at the gym or could have security cameras used when no one is there. Nawrocki stated that capital costs would not be ongoing as we have the $4 million to draw on. It may be $100,000 a year to operate the facility. Nawrocki stated that the JPA concept is good, but questioned the referenced dozen parking spaces. Fehst suggested the attorneys come forward and review the JPA. Fehst referred to the correct information giving by the Recreation Director regarding the continent that our very limited program costs have increased over the years. Jim Hoeft, City Attorney, referred to the JPA maintenance provision 5.2 and the new language indicating that the city shall maintain the city gym, possibility using school maintenance. "His or her designee" will be added to District Representative and City Manager. Hoeft stated that provision 4.5, regarding arbitration, shall be binding. Hoeft referred to 5.433 and the elimination of the city and school district paying each other for facility use. In 5.5, parking, the district shall designate the west parking lot and 12 parking spaces in the center parking lot for the city, with the city being responsible for signage. Fehst stated that we can also use their parking areas after hours. Fehst questioned if 5.3.4.2, cost for boiler checks, would be included in the total. Primus stated that the costs given to Fehst were `06-`07 costs. Fehst stated that 5.3.4.2 would be eliminated. There is no reason that both gyms should not be available for use. Nawrocki suggested Article 7 require council approval for additional costs. He questioned the door lock system. Peterson indicated that we would want the doors unlocked during use. Nawrocki questioned 9.2, the definition of reasonably uiterfering. Langel indicated that this would keep the school from getting out of this agreement. The district wants the city to stay and does not want to take care of the additional gym. Hoe$ stated that if the school felt there was City Council Minutes Monday, February 25, 2008 Page 3 of 16 sometl~lg unreasonable they would have to grieve it. Nawrocki questioned what would happen if the school closed. Peterson indicated that it is covered in 9.3. Diehm stated that unreasonably interference would be if we interfered with them using their own facility. Langel included things like gun shows or events with alcohol. Hoeft indicated that the amount needs to be filled in on 7.4 and under withdrawal and termination, 9.1, a School Board Member had a concern that the city not withdraw during construction. The withdrawal time period will be changed to read after construction is complete. Hoeft referred to 7.2, the terns "City" is defined and only the city has the right to act on behalf of the city corporation. Peterson stated that capital improvement funds are specific. Primus stated that school district funds are tied it to enrollment numbers, but they would not be opposed to a flat dollar amount. Fehst indicated the need for future roof and building repair costs. Peterson questioned using one percent of the total cost. Williams stated that one percent would be $35,000 and would be a lot. Peterson stated that $5,000 a year was discussed. Hoeft indicated that the JPA could be approved in principal and finalized at a special meeting. Peterson stated that Councilmember Nawrocki would be out of town next Monday, but asked that his input be given. Fehst reiterated that they would be allowed to maintain the building and bill us for the cost. Fehst indicated that a separate gas meter was discussed, but may not be necessary. Diehm stated that we could add a meter in the future, if we pay for the retro fit. Hoeft stated that it would have to be metered now or would it would affect the design. If we put the proper items in now to meter it later it would have to go into this agreement, or if the designers say it would have to have a meter it would have to be decided now. DeVetter stated that he could find this out. Peterson stated that it would be cheaper to put the meter in now, even if you do not use it, than to do it later. Nawrocki indicated that he would be satisfied without it, as it appears that the school monitors their operating costs and our interests are reasonably protected. Fehst stated that the District has won awards for keeping their operating costs down in the schools. Nawrocki stated that we have tried to anticipate everything in this JPA. Some things may come up later that were not thought of, but this is a reasonable agreement. Having our own exercise space is duplication. Peterson stated that we would be allowed to utilize their exercise room. Primus stated that it is used during school, after school, and in the summer. Fehst asked if then weight room would be air conditioned. Primus indicated that it would be. Hoeft stated that an understanding has been reached and will be considered for approval next Monday, with the capital improvement amount filled in. Diehm stated that staff and members of this body have spent a lot of time on this and she expressed her appreciation to those involved. Nawrocki stated that he will phone in his cormnents on the JPA. Peterson stated that it has been a pleasure to work with the School District representatives, the School Board, and their architect. This will be a great addition to our community and be a good partnership. Peterson requested to move ahead on the architect's plans. Motion by Williams, second by Kelzenberg, to direct staff to work with the School District's designer and the School District for detailed plans of a gyinriasium of 13,355 square feet. City Council Minutes Monday, February 25, 2008 Page 4 of 16 Nawrocki questioned if the school will take competitive bids for the project will we be billed as it progresses. Fehst stated yes. They have retained the services of an owner's rep, Bill Fisher, to work with the construction manager Kraus/Anderson to build the facility. Upon vote: All ayes. Motioaa carried. C. Presentation by Buetow and Associates -proposed Public Safet~FacilitY Fehst stated that David Engel and Randy Olds of Buetow and Associates worked with our Police and Fire Departments for a facility site plan. Buetow was asked to look at further options for the NEI site. Fehst distributed a conceptual plan for the five acre site bounded by 41 s` and 42°d Avenue. About 3.5 acres are shown for the building, with a one story 38,700 square foot facility. Fehst indicated there are five double pass tluough stalls and described the public and secure parking. There is also the potential for another facility on the site such as a library/city hall complex. The proposed public safety facility was described and would be developed to last at least 50 years. Engel requested that their firm be hired to design the building. They showed examples of similar facilities they have designed. There were concerns about the grade of the site, which would require bringing in fill. One of the key concerns would be facility security. Olds listed various items that could be incorporated to make this a "green" building. Staff would be included in the design phase. Nawrocki questioned the size of the current library. Olds indicated it is 12,000 square feet. The described building would include the library and city hall, with the library expanding to 20,000 square feet. Nawrocki questioned the entrance direction into the facility, turning radius allocation, and parking stall size. Olds stated it would have north and south access with a 100 foot turning radius and parking stalls 9 by 18 by 24 feet. Nawrocki questioned if the alley at Quincy would remain. Olds stated that had not been addressed. This is only a concept plan that would have to be agreed upon. by the council. Fehst indicated that staff's comfort level with Buetow & Associates is very good; however they have submitted a fee that may be high. We would not be sure unless we took proposals. hz the first $7.5 million of the contract they have a 8.5 percent fee and above that 8 percent of contract costs of about $10.5 million. The public works garage fee a few years ago was 7.6 percent. Fehst stated that he has check jobs they have completed with owner reps and construction managers. The School District is using both a construction manager and owner rep. He suggested that we use one of the two to have someone there on a day to day basis. This is borne from the experience building our liquor stores where items were missed on a daily basis, with the architect only being there once a week. Our Liquor Store Manager and Finance Director have spent a lot of time at the stores during the construction. We would like to negotiate the architect's price and interview five or six owner reps with the Mayor, Councilmember Nawrocki, and the Finance Director to see who would be the best to oversee our project. Nawrocki had asked where there is a facility comparable in size to look at. This facility feels a little bit big. He stated his strong belief that by going out for bids architects will sharpen their pencils. Nawrocki indicated that if a construction management firm wants three percent our fees would be over ten percent. Fehst stated that the construction management firms have estimated a five percent fee. Olds indicated that the owner is the general contractor and the construction manager is the consultant to the owner. Fehst stated that either type of manager would bring you in under budget. He stated that he would be satisfied with an owner rep. Nawrocki stated his respect for Krause Anderson and that he would like more information on how they would act as ~o City Council Minutes Monday, February 25, 2008 Page 5 of 16 construction manager. Bill Roddy, Acting Police Chief, indicated endorsement for the proposed site use. Fehst apologized to Lail Olsen of the Northeaster newspaper, as he was to get back to her with the reduced tax capacity at the closing of tluee tax increment districts. Of the $10 million this building would cost, about $5 million of tax capacity will be added back to the property tax roles so the median household increase would be less than $50 a year. Nawrocki indicated that residents were told when the districts were closed the funds would be added back to the budget and now they will not see that. Peterson stated that if our corrununity was brought up to a standard that our citizens were proud of, it would go back; but if we can reinvest the funds without increasing the tax to protect our citizens we should reinvest in the conununity. The Police and Fire Departments have come up with a plan for the next 40 to 50 years, big enough for future use. Construction prices will not be cheaper next year. Peterson suggested staff pursue negotiations with Buetow and Associates on their final percentage proposal and talk with construction reps. He stated his belief that we can negotiate a lower price, but to remember that the cheapest is not always t11e best. We want a quality architect. Fehst stated that our former Fire Chief, Charlie Thompson, worked with Buetow and Associates for the new Champlin Fire Department building. CONSENT AGENDA City Manager Walt Fehst took Council members through the consent agenda items. A. Approve minutes of the February 11 2008 Columbia Hei htg s City Council meeting. Nawrocki indicated that the minutes should be signed as Council Secretary, per our City Charter. Motion to approve the minutes of the February 11, 2008 Columbia Heights City Council meeting. B. Accept meeting minutes of the Columbia Heights Library Board Motion to accept the minutes of the January 8, 2008 Library Board meeting. C. Approve Ra~i~p Lease Estoppel Certi cote and Consent Fehst indicated that the office building on the coi-tler of 40t" and Central Avenue is in the process of being sold and the new owners have agreed to all previous agreements regarding the parking deck. Nawrocki indicated that this states we will receive a new agreement. Fehst stated that we have not received that yet. This is the present agreement, which indicates the responsibilities they would have. Nawrocki referred to Exhibit A indicating that the assigiunent document cannot be located. Fehst stated that is a 1982 document. Hoeft stated that everyone has to live by the agreement and the reason both parties are signing it is because we can not locate the original signed document. This gives us the same rights as the original agreement. Motion to approve the Ramp Lease Estoppel Certificate and Consent; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. D. Adopt Resolution 2008-34 accepting the donation of $150 000 from the Estate of Edith P. Wargo for Wargo Court Park. 11 Ciry Councii iviinutes Monday, February 25, 2008 Page 6 of 16 Fehst stated that the parties were not interested iii attending this meeting for recognition of the $150,000 donation. The estate has already given $75,000 to our police and fire services. We have agreed to continue the upkeep of Wargo Park, keepitlg it neat atzd clean, put up Christmas decorations, and let them know prior to any major improvements. Hoeft stated that these conditions are taken right from the Last Will and Testament. Nawrocki suggested changing the shrubbery in front of the sign, as it obliterates the sign. Kevin Hansen, Public Works Director, stated he met with the heirs and this was discussed. Motion to waive the reading of Resolution 2008-34, there being ample copies available to the public. Motion to adopt Resolution 2008-34 being a resolution to accept the donation of $150,000 from the Estate of Edith P. Wargo, with conditions as listed for park and maintenance and improvements for Wargo Court Park. RESOLUTION N0.2008-34 ACCEPT CERTAIN GIFTS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS WHEREAS, the City Of Columbia Heights has received the following gifts; Form Date Donor Amount Purpose Pledge 02/11/08 Estate of Edith P. Wargo $150,000 Park Maintenance/Improvements Wargo Court Park Contributed Projects -Parks $150,000 Whereas the following conditions are made a condition of the Wargo Estate Donation: 1. The funds donated from the Wargo Estate will be specific to Wargo Court and segregated in City of Columbia Heights accounts; and 2. Representatives of the Wargo Estate, Linda Workman and Robert Guzy, will each be contacted both in advance of any improvements not considered maintenance and following the completion thereof; and 3. The term of the donation shall be 25 years; and 4. Funds will be used in two categories: Annual Maintenance and Capital Improvements; and 5. If, during the 25-year time period, the City changes the use of the land currently designated as Wargo Court Park, any remaining fiulds would be used to maintain another City park in Columbia Heights; and 6. The City agrees to decorate Wargo Court Park with lights during the Christmas season for the term of this donation. BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights that the City of Columbia Heights accepts this gift subject to the above referenced donor-prescribed conditions. E. Adopt Resolution 2008-40 accepting the feasibility report for University Service drive street reconstruction and ordering the public improvement hearing. City Proiect No. 0602. Fehst indicated that a meeting will be set with the residents regarding improvements, which will include a bike path/walkway. The project has very strict requirements. Nawrocki indicated his amazement that MnDOT found the improvement funds for this stretch of roadway. Hansen stated the public meetings are a requirement for funding. The County reports this is a high incident area. Motion to waive the reading of Resolution 2008-40, there being ample copies available for the public. Motion to adopt Resolution No. 2008-40, which accepts the Feasibility Report for University Service Drive Street Reconstruction, City Project No. 0602, and calling for the Public Improvement Hearing beginning at 8:00 p.m. on April 7, 2008. 12 City Council Minutes Monday, February 25, 2008 Page 7 of 16 RESOLUTION NO.2008-40 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR UNIVERSITY AVENUE SERVICE DRIVE STREET RECONSTRUCTION AND ORDERING THE PUBLIC IMPROVEMENT HEARING WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and. WHEREAS, pursuant to Resolution No. 2006-26, a report has been prepared by the City Engineer with reference to University Avenue Street Reconstruction, and WHEREAS, the City has secured Mn/DOT Cooperative Agreement fmlds for a portion of the reconstruction costs, and 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 February 25, 2008. NOW THEREFORE BE 1T 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 pm-suant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $415,500 2. A public hearing shall be held on such proposed improvement on the 7"' day of April, 2008, in the City Council Chamber at 590 40`j' Avenue N.E. at 8:00 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. F. Adopt Resolution 2008-41 accepting the Feasibility Report for Zone 1B 2 and 3A Street Seal Coating and orderingthe Public Improvement Hearing, City Project No. 0801. Motion to waive the reading of Resolution No. 2008-41, there being ample copies available to the public. Motion to adopt Resolution No. 2008-41, being a Resolution. accepting the Feasibility Report for Zone 1B, 2 and 3A, City Project 0801, and calling for the Public Improvement Hearing beginning at 7:30 p.m. on April 7, 2008. RESOLUTION NO.2008-41 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE IB, 2 AND 3A STREET SEAL COATING AND ORDERING THE PUBLIC IMPROVEMENT HEARING CITY PROJECT - NO. 0801 WHEREAS, the City Council has adopted a Street Rehabilitation Pro~*ram which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2008-I8, a report has been prepared by the Director of Public Warks with reference to the Zone 1 B, 2 and 3A Street Seal Coating Program, and WHEREAS, Zone ] B is bowided by Taylor Street to Johnson Street, 45`" Avenue to 47`" Avenue; Zone 2 is bounded by Reservoir Boulevard to Stinson Boulevard, 37`" Avenue to 45`" Avenue, and Zone 3A is bounded by Central Avenue to Stinson Boulevard, 47`" Avenue, Johnson Street, 45`" Avenue to 49°' Avenue, and 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 February 25, 2008. 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 $237,100. 2. A public hearing shall be held on such proposed improvement on the 7`" day of April, 2008, in the City Council Chamber at 590 40`" Avenue N.E. at 7:30 P.M. and the City Clerk shall give mailed and published notice of such hearing anal improvement as required bylaw. G. Approval of the attached list of rental housing license applications in that they have met the requirements of the Residential Maintenance Code. Motion to approve the items listed for rental housing license applications for February 25, 2008. 13 City C.'ouncil Minutes Monday, February 25, 2008 Page 8 of 16 H. Approve the Business License Applications Motion to approve the items as listed on the business license agenda for February 2S, 2008 as presented. 1. Approve payment of the bills. Motion to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 124774 tluough Check Number 124918 in the amount of $580,608.19. Motion by Williams, second by Diehm, to approve the Consent Agenda items. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations 1. Capital Equipment Replacement of the Elgin Eagle Street Sweeper from the State of Minnesota Purchasing Contract Hansen stated this replaces a 1993 piece of equipment. We reconnnend a regenerative air type sweeper and the trade-in of our current sweeper for $10,000 to $15,000. The second motion is for major repairs to the second sweeper to keep it in service for another five years. Nawrocki questioned why the cost went from $150,000 to $175,000. Hansen stated that the lower price was for the base unit. Nawrocki indicated that this was to be cheaper than the original type unit. Hansen stated that the difference is about $7,000 in the base prices. The hopper will be epoxy coated, will have a different type of broom, and a washout feature. Motion by Kelzenberg, second. by Williams, to purchase, off the State of Minnesota Purchasing Contract, the Capital Equipment replacement ofthe Elgin Eagle Street Sweeper from P~1acQuccn Equipment, Inc. of St. Paul, Minnesota, in the amount of $174,359.67 less atrade-in allowance of $13,500, for a total contract price of $160,859.67, with equal funding provided by the Street and Storm Sewer Capital Equipment Replacement Funds. Upon vote: All ayes. Motion carried. r~7otion by Kelzenberg, second by vJi11ia1YIS, to authorize the equipment repair to Unit #44, are Elgin Pelican mechanical street sweeper in the amount of $16,880 by MacQueen Equipment of St. Paul, Minnesota. Upon vote: All ayes. Motion carried. 2. Approve Capital Equipment replacement of Unit #70 Ford LT9000 tandem axle dump truck and attachments from the State of MN purchasing; contract. Hansen stated that this truck is a replacement and is to downsize from a double axel to a single axel truck. There are two different vendors for the chassis and the front plow and wing. Nawrocki stated that the estimate for this at the last meeting was $145,000 and this is $127,000. Why is it cheaper? Hansen stated that at the time of the work session we had not gone through the entire state contract. Motion by Williams, second by Kelzenberg, to purchase from the State of Minnesota Purchasing Contract the Capital Equipment Replacement of Unit #70 Ford LT9000 tandem axle dump truck chassis to Astleford International of Minneapolis in the amount of $65,722.00, less atrade-in of $20,500 and purchase the dump box, front plow, belly plow and wing to J-Craft of Lake Crystal, 14 ,.~, r ~, . ~~~y ~ ~un~~, ~~;;~,u~e~ Monday, February 25, 2008 Page 9 of 16 Minnesota, in the amount of $83,505.59 for a total price of $127,727.59. Upon vote: All ayes. Motion carried. C. Other Business -none PUBLIC HEARINGS A. Adopt Resolution 2008-01 Cable uro~rammin~ service rates and Resolution No. 2008-02 Cable equipment and installation rates. Fehst indicated this includes a number of motions by Linda Magee, who is unavailable, but Steve Guzzetta, the Cable Attorney for the Cable Commission, and Kathi Donnelly-Cohen of Comcast are present. Guzzetta stated that every year Comcast files forms 1240 for basic programming and 1205 for equipment and installation. In the past the city has opted to do detailed reviews, or review and reserve rights, or their option, or do nothing. We are required to hold a public hearing. In these orders we are not approving or denying, but reserving the right to look at this in the future. This is important ii7 regard to form 1240 as the maximum rate carries over to the next starting rate. It would allow us to correct future forms. The Telecommunication Commission reviewed this and recommended approval. Williams asked Guzzetta if the cable company has "a license to steal from our citizens". Guzzetta stated no. Your franchise does not give them a license to steal. Nawrocki stated this is for basic service and is a small part of the fees. He indicated that William's reference was to his terminology for what the federal government took away from us. Nawrocki gave the history of the cable rates and a comparison to current rates. Nawrocki questioned what rates are being approved. Guzzetta indicated that we ai•e neither approving nor denying rates, but this is the cap they are limited to. Motion by Williams, second by Diehm, to close the public hearing and waive the reading of Resolution 2008-01, there being ample copies available to the public. Upon vote: All ayes. Motian carried. Motion by Williams, second by Diehm, to adopt Resolution 2008-01, being an Order regarding the maximum permitted basic programming service rate set forth ul the Federal Communications Commission Forrn 1240 filed by Comcast on or about March 1, 2007. Upon vote: A11 ayes. Motion carried. Motion by Williams, second by Diehm, to close the public hearing and waive the reading of Resolution 2008-02, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2008-02, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Commmunications Commission Form 1205 filed by Comcast on or about March 1, 2007. Upon vote: All ayes. Motion carried. RESOLUTION N0.2008-01 ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY COMCAST ON OR ABOUT MARCH 1, 2007 15 City Council Minutes Monday, February 25, 2008 Page 10 of 16 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. ~ 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, Comcast of Minnesota, Inc. (hereinafter "Comcast"), the local fra~ichise holder, filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services", on or about March 1, 2007, purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the "2007 FCC Form 1240"); and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2007 FCC Forn~ 1240; and WHEREAS, the. rate set forth herein will govern Comcast's basic service rate until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rate for basic cable service, as calculated in the 2007 FCC Form 1240, is neither approved nor denied, but may: (i) function as a basic service rate ceiling during the relevant rate period; and (ii) be utilized in future basic service rate filings, to the extent permitted by and consistent with FCC rules and decisions. 2. Comcast shall not charge any rate higher than the maximum permitted rate set forth in the 2007 FCC Form 1240, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. ~ 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rate for basic service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2007 FCC Form 1240. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2007 FCC Fonn 1240. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2007 FCC Fonn 1240 in order to determine the impact, if any, such data and documents have on rates proposed in future basic service rate filings; (ii) the right to address issues raised in the 2007 FCC Fornl 124G that are relevant to any City review of subsequent basic service rate filings; and (iii) the right to request additional information concerning the 2007 FCC Fonn 1240 that is relevant to any City review of subsequent basic service rate filings. 6. This Order constitutes a written. decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and. a public notice shall be published stating that this Order has been issued and is available for review, pw•suant to 47 C.F.R. g 76.936(b). RESOLUTION NO. 2008-02 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1.205 FILED BY COMCAST ON OR ABOUT MARCH 1, 2007 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. ~ 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for equipment and installations; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"}; and WHEREAS, Comcast Cable Communications, LLC (hereinafter "Comcast") filed with the City an FCC Form 1205 "Determining Regulated Equipment and hlstallation Costs, `Equipment Form"' (hereinafter the "2007 FCC Form 1205"), on or about March 1, 2007, purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installations; and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2007 FCC Form 1205; and WHEREAS, the rates set forth herein will govern Comcast's equipment rates and installation charges until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 16 City Council Minutes Monday, February 25, 2008 Page I I of 16 1. Comcast's maximum permitted rates and charges for equipment and installation, as calculated in the 2007 FCC Forn 1205, are neither approved nor denied, but may function as a rate ceiling during the relevant rate period. 2. Comcast shall not charge any rates higher than the applicable maximwn permitted rates set in the 2007 FCC Fcrm I205 nor increase those rates, unless such rates are first filed witl. and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rates for equipment and installation, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2007 FCC Form 1205. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2007 FCC Forn 1205. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2007 FCC Form 1205 in order to determine the impact, if any, such data and documents have on rates proposed in future equipment and installation rate filings; (ii) the right to address issues raised in the 2007 FCC Form 1205 that are relevant to any City review of subsequent equipment and installation rate filings,; and (iii) the right to request additional information concerting the 2007 FCC Form 1205 that is relevant to any City review of subsequent equipment and installation rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. ~ 76.936(b). B. 1st Reading: Ordinance 1537, Zoning Amendment to create the Public and Open Space District Jeff Sargent, City Planner, indicated that the first reading of this ordilianee was rescheduled to include land on the east side of Hart Lake and exclude the two properties discussed at Edgemoor Park. Motion by Williams, second by Kelzenberg, to close the pubfic hearing and waive the reading of Ordinance No. 1537, there 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 No. 1537, for Monday, March 10, 2008, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. C. First reading_of Ordinance No. 1538, Surface Drainage connection and dischar.~e inspection incentive. Hansen stated that under our current code for sump pump disconnect it lists a $500 contribution. This removes the fee from the ordinance and has it set by resolution. It also removes the sunset date. The Council passed a resolution in 2006 to carry this contribution through 2008. Nawrocki indicated his understanding that this program was complete. Hansen. stated that we have completed inspections east of Central Avenue and are now in sanitary collection district #2 where we had our surcharges. Hansen reviewed his suggestion that in 2008 and 2009 we concentrate in this area. He stated that 1112009 the City Council may wish to consider continuing this program i1i the rest of the city. Williams questioned where we would be if this program. had not been put in place. Hansen indicated that we had two areas with a surcharge and one without. We are still peaking in 2007 and will see where we are in 2008. Without this program, our system would have more backups. 17 City Council Minutes Monday, February 25, 2008 Page 12 of 16 Fehst stated that we have been reimbursed $1.70,000 to control infiltration problems. Williams indicated that we also have insurance now. Motion by Diehrn, second by Williams, to close the public hearing at?d to waive the reading of Ordinance No. 1538, there being ample copies available to the public. Upon vote: Ali ayes. Motion carried. Motion by Diehm, second by Williams, to establish the second reading of Ordinance No. 1538, for Monday, March 10, 2008 at approximately 7:00 p.m. in the City Council Chambers regarding Surface Drainage connection and discharge inspection incentive. Upon vote: All ayes. Motion carried. D. Adopt Resolution 2008-35, 4154-4156 2nd Street N.E. and Resolution 2008-36, 5056 Washu~~ton Street N.E. being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Residential Maintenance Codes. Resolution 2008-42 added atad 2008-35 r-en7oved. Fire Chief Gary Gorman stated that 5056 Washington is brought forward for rental license revocation for failure to submit an application and schedule an inspection. Gorman stated that 4201 Quincy is to be revoked for failure to submit an application and schedule an inspection. The property is being purchased on a contract for deed, but it has not been filed iil the County. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2008-42, 2008-36 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, adopt Resolution Numbers 2008-42, 2008-36 being Resolutions 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 licenses listed. Upon vote: All ayes. Motion carried. I2ESf1LLJ7'IG1~1 L008-36 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 Nichole Theis (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 5056 Washington Street 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 January 31, 2008 of an public hearing to be held. on February 25, 2008. 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, 2008 inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular snail to the owner at the address listed in the property records. 2. That on January 31, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's 18 Ciiy C~uncii rviinuies Monday, February 25, 2008 Page 13 of 16 Residential Maintenance Code were found to exist, to-wit: Failure to submit a rental license application and failure to schedule a rental license inspection. 4. 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 SA303(A). ORDER OF COt1NCiI, 1. The rental license belonging to the License Holder described herein and identified by License number U5056 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 fi•om the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2008-42 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 Tomas Robles (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 4201 Quincy Street 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 January 31, 2008 of an public hearing to be held on February 25, 2008. 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 16, 2008 inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on January 31, 2008 inspection office staffreviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. 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 and failure to schedule a rental license inspection. 4. 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 hereir. and identified by license number U420I 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 2008-37, 1635 49th Avenue 131vd. N.E., Resolution 2008-38, 3938 2nd Street N.E., and Resolution 2008-39, 4707 Central Avenue N.E. being- a declaration of nuisance and abatement of violations within the City of Columbia Heights. Resolutions 2009-38 and 2008-39 rerrroved. Gorman stated 4707 Central is an immediate abatement for snow removal. Nawrocki indicated several other addresses where the snow was not removed and asked that they be inspected. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Number 2008-39 there being ample copies available to the public. Upon vote: All ayes. Motion carried. 19 City Council Minutes Monday, February 25, 2008 Page 14 of 16 Motion by Williams, second by Kelzenberg, to adopt Resolution, 2008-39 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section. 8.200. Upon vote: All ayes. Motion carried. RESOLUTION 2008-39 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 lI, of City Code, of the property owned by Grand. Central Commons (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4707 Central Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on February 6, 2008. 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 17, 2008 the Police Department received a complaint about the public sidewalks surrounding the vacant lot located at 4707 Central Avenue N.E. Community Service Officer Pikala responded and found that the sidewalks were not cleared of snow and ice. The property owner, Khoyratty Ehteshamul was notified that he had twenty-four hours to clear all snow and ice from. the sidewalks. 2. That on January 22, 2008 the Police Department CSO reinspected and found that the snow and ice remained. Abatement was scheduled with the Public Works Department for January 23, 2008. 3. That on January 23, 2008 the Public Works Department performed the immediate abatement of snow and ice on the sidewalks surrounding the property located at 4707 Central Avenue N.E. All sidewalks were cleared and costs for abatement were forwarded to the Fire Department for billing the owner. 4. That on February 6, 2008 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database.. 5. 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: Approve the immediate abatement of the hazardous situation located at 4707 Central Avenue N.E. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4707 Central 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 maybe, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4707 Central Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties aid parties in interest. ADMINISTRATNE REPORTS Report of the City Manager • Most of our current time is spent working with the School District and the public safety facility architects. We hope to reach an agreement with Buetow and Associates. We may need to go out for bids, and will have a recommendation in a couple weeks. Williams indicated that Council has received numerous contacts regarding possible improvement assessments on state aid roads. Fehst stated that State Aid funds are received, but are traditionally 20 ~'~ty C'ounc~l Minutes Monday, February 25, 2008 Page 15 of 16 used for capital outlay and maintaining streets. After this you can use the money as you choose. Anyone that lives in the city drives all of the streets. We did not find one other city that did not assess for state aid street improvements even though there are additional problems on these streets. Williams asked why the State allows this. Hansen indicated that each city selects what roads are state aid roads, with MNDOT approval. We are allowed to have up to 20 percent of our sheets set aside as state aid roads. The idea of assessing on state aid streets has been around for a while. Fehst stated that this was suggested because some of our state aid streets need major improvements. This is a cost sharing and would. be fair. We would not ask for the full cost, just what others are paying. We still have more work to do on this. Hansen stated that we are certified and do not have to use these fiznds on oi11y the state aid system. Other cities assess for eligible costs for state aid roads. Williams stated that residents indicate their inconvenience as they have more traffic and can not park on their streets. Williams asked that Hansen draft a response to residents indicating these reasons. Fehst stated that this has not been fully addressed. Hansen stated that we will need to do improvements on our state aid streets. Diehm asked if these roads have been improved when we did the rest of our streets. Hansen stated they were not. Nawrocki referred to fairness, indicating that residents did not want their street designated as a state aid street, with the loss of boulevard space and no parking. Nawrocki questioned if property owners along Central Avenue were assessed for improvements. Hansen stated that the total cost was $5 million, and assessments were $1.5 million. for sidewallcs and streetscapes. Nawrocki question how many cities were polled. Hansen stated ten. Fehst questioned what percentage of our roads are state aid roads. Hansen indicated 20 percent. Fehst stated that means 80 percent of residents pay street assessments and 20 percent do not. Nawrocki expressed his displeasure with the idea to assess residents for street work that live on state aid streets. Nawrocki • Cable -you either use Comcast or you don't get cable. • Newsletter -indicated we made $300 -$500,000 at the liquor stores -thought that was going to be changed as he requested. Fehst stated that Councilmember Nawrocki had an incomplete understanding of the report. • Requested previously that Council members interview the police chief candidates. Fehst stated that this appointment is for the Mayor to make. • Requested information on consultant costs -received some information. Requested amounts of add-ons and contracts less than $15,000. Fehst suggested he speak to the Finance Director. • Questioned what the County grant funds would be used for and what other tax dollars have been used. Fehst stated that we are working on the goals set by the City Council. Peterson stated that the grant application was clearly described to us to underwrite a TIF development. Nawrocki questioned how much to underwrite. Fehst stated that is why we have financial consultants. • Public Safety builduig -the architect fees are under Council budget. They should be under the police and fire budgets. • Still waiting for information of the competitive bids for lap top computers. Peterson stated that the answers to Council questions indicated the response would be coming. • Received an email from citizens about stop signs that were removed on 47`x' Avenue that have not been replaced. Fehst stated that they will be replaced. • On the cable listing of EDA members, the City Manager and Community Development 21 %iiy Council iviinuies Monday, February 25, ?008 Page 16 of 7 6 Director should be listed as staff. Peterson stated that he is also not the liaison for P&Z nor the chair of the EDA. Report of the City Attoi-~~ey -nothing to report CITIZENS FORUM Deb Johnson, 4626 Pierce Street, stated that she is glad to see the city going ahead with the gyms with the schools. This is a good compromise and a good move. She stated that she is also glad that the city is moving forward with a Public Safety Facility, but wishes it would be placed at 47`" and Central Avenue. COUNCIL CORNER Peterson suggested dispensing with Council Coi~ler, due to the lateness of the hour. Motion by Williams, second by Kelzenberg, to dispense with Council Corner. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Peterson asked everyone not to forget our service men and women. ADJOURNMENT Mayor Peterson adjourned the meeting at 10:23 p.m. Patricia Muscovtz CMC City Clerk/Council Secretary 22 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS SPECIAL CITY COUNCIL MEETING MARCH. 3, 2408 Call to Order Mayor Peterson called the meeting to order at 7:10 p.m. Roll Call Present: Mayor Peterson, Councihnember Williams, Councihnember Kelzenberg Absent: Councilmember Nawrocki (attending the National League of Cities Conference) Councihnember Diehm Pledge of Allegiance -recited 1. Approve Joint Powers Agreement (JPA) between the City of Columbia Heights and Independent School District I3 regarding use of the new gyrmiasium/athletic facility. Fehst stated that the revised copy of the JPA was delivered last Friday. He noted that it is missing language that Councilmember Diehm requested to be included. Jim Hoeft, City Attorney stated that he thought all of the issues discussed were included; however, the question of metering the building now was not included. He stated that Mr. Halverson, School District Engineer, indicated metering should not cost $20,000. He also indicated that it could be added in the future without disruption to their- system. They would have no objection to us installing a meter, as it would be at no cost to them. Hoeft indicated that for cost effectiveness it would be best to include it now. To reserve the right to install a meter later, Hoeft proposed to include in the JPA the language: "The City reserves the right to separately meter its use of the District HVA C services. Any such metering equipment necessary to accomplish the same shall be installed at the sole cost and expense of the City." Peterson suggested installing two shut offs, for now as a jumper, allowing far the meter to be installed later. Peterson questioned if the west parking lot was designated for us before this revision. Williams stated that it is was and is also in this agreement. Keith Windschitl, Recreation Director, stated that he questioned the District on the limited parking and they replied that was applicable to times when school was in session. Fehst suggested the JPA include wording to specify parking during the school day. Hoeft questioned the definition of the school day and what time period that would include. Windschitl questioned Section 5.3 -Scheduling, that the City shall provide a semi- annual schedule. He stated that we do not schedule activities that far in advance. We would be able to submit a schedule quarterly. Hoeft suggested the City provide the District with a schedule to review and remove the wording semi-annually. Windschitl clarified that when the boiler check checks are done on a weekend, the cost is included in the pool of funds to be used. Windschitl stated that currently the Boosters Club pays the District for their custodian's time. This would no longer be required. Kelzenberg asked if Karen 23 Ivloeiler, ~eiuor Program ~~oordillator, wiii sciieduie programs in the gym. retest stated that we may want to have someone up there as much as possible. Motion by Williams, second by Kelzenberg, to approve the Joint Powers Agreement, as amended, between the City of Columbia Heights and Independent Sehool District 13 regarding use of the new gymnasium athletic facility. Upon vote: Kelzenberg, aye; iTJilliams, aye; Peterson, aye. Moti6ri carried. Peterson adjounied the meeting at 7:26 p.m. Patricia Muscovitz CMC City Clerk/Council Secretary 24 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING MARCH 5, 2008 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Conmlission Members present- Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Sclmtitt, seconded by Peterson, to appr°ove the minutes f •ortt the meeting of February 6, 2008. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2008-0201 APPLICANT: Chris Little LOCATION: 3700-3722 Central Ave REQUEST: Site PlanlVariance This case is being tabled until the next meeting as there have been delays in finalizing some aspects of the project. CASE NUMBER: 2008-0203 APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Temporary Signage This case was continued from the last meeting to grant businesses more time to submit comments on this ordinance. Sargent briefly explained again that on May 29, 2007, the City Council adopted Ordinance 1523, being an Ordinance relating to the use of temporary signage. The ordinance accomplished the following: 1. Required a permit for each temporary sign at a price of $20 per permit. 2. Required that no more than four temporary sign permits could be issued per business per calendar year. 3. Required that temporary sign permits may be good for no more than 30 days each. At that time the City Council also established a sunset clause on Ordinance 1523, set to expire on April 29, 2008. This was done to ensure that the ordinance was practical and fair to business owners throughout Columbia Heights. Staff now proposes permanently 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 40th Avenue corridors. Sargent reviewed a change made to part 7 addressing the number of signs allowed per site. The timelines for passing this ordinance were discussed at the last meeting. Sargent explained the Ordinance must have a first and second reading before the City Council and then there is a 30-day waiting period before it becomes effective. This needs to be completed before Apri129th or it will revert back to the old Ordinance. The other option would be to extend the sunset clause on Ord. 1523. 25 PLANNING & ZONING COMMISSION MINUTES PAGE 2 MARCH 5, 2008 At the last meeting, Gary Peterson felt this should be tabled till the March mee~tir~g to allow more time for feedback before making the final reconunendation to the Council. Thompson also felt this should be re-visited at the March meeting. This would give any businesses ample tune to submit data regarding any negative impact they had experienced because of the new restrictions. Any input received would be considered prior to the commission making its final recommendation to the Council. FINDINGS OF FACT Sargent again explained that the City Council shall make the following four 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 pr°oposed amendment would make the current standard . for• tertzpor•ary sigrzage nzor•e 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 arzd business owners representing the public at large. The proposed arnetzdrzzent would establish standards along Central Avenue, which would 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 zonilig 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 class cation of land will not change. d) Where the amendment is to change the zoning classification of a particular property, t here 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. City Staff reconunends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. Questions from Members: Peterson asked if there had been any feedback from area busuiesses since the last meeting. Sargent stated that he had not received any comments at all. Public Hearin opened. No one was present to speak on this matter. Public Hearing closed. 26 PLANNING & G(~N1NCi (_'UMMISSIUN M1NU'1`1S PAGE 3 MARCH 5, 2008 Motion by Fiorer~dino, seconded by= Schmitt, that the Planrrirrg Comnrissiorr recon~rryrends the City Coanrcil aFprove fire text arrrendrrrerrts as outlined in fire attached dr°aft ordir~arrce. Ail Ames. l/I~TIOld r'~ASS~I9. The following Ordinance will go to the City Council for the first reading March 10, 2008. DRAFT ORDINANCE NO. 1536 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE USE OF TEMPORARY SIGNAGE IN THE BUSINESS DISTRICTS 1N 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 def nitions shall apply unless the context clearly indicates or- regrrir-es a different meaning. SIGN, SANDWICH EDARD. 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 Colznnbia Heights City Code, is proposed to include the, following additions ar7d deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P} Sign Regulations. (6) Prohibited Signs. Signs that are not specifically permitted in this division are hereby prohibited in all districts unless criteria is presented to allow the Planning Commission to deem that the sign design preserves and maintains the community's unique historical and cultural elements. ~hrithout restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: (a) A balcony sign and a sign mounted 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 reasonably be construed as traffic controls. (e) An animated or rotating sign, except barber poles and 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 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. Howevel•, 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 that is vertical in nature. (i) A projecting sign which either extends more than 18 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 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. 27 PLANNING &LONING COMMISSION MINUTES PAGE 4 MARCH 5, 2008 (k) Any sign that is erected, placed or maintained by any person on a rock, fence or trees. (1) Any sign that iliterferes 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 Iabe1 of an approved testing agency. (n) Airy window 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:^^ °~°'~+ ^^••^~° r;~+ excluding sandwich board signs. a --a--- ~Z----- ----+ (p) Temporary signage stuck into the ground, excluding political signs regulated per state statute, professional real estate signs, garage sales signs, and any signs listed in 5eetion 9.106 (P)(5). (7) Temporary Signs. The following standards shall apply to temporary signs in all zoning districts: (a) Each temporary sign, with the exception of sandwich board signs, shall r°egrrir°e a sign permit fi-orrr the City of Coltrmbia Heights. (b) No snore than fow~ (4) temporary sign per•rnits may be issued per business per calendar year. (c) No more than two (2) temporary signs shall be displayed per business at any given tune. it Ir~~r~r rr,4~~t ~E'f'!t~7tt~`;.FJ~,}'.CI<.;£'r.C' r~TC. s;,~1.5~~~1[!' ..'. ~'[.'~ ~? .SFwi7 ,4"~Icd~~ F"L?£jItIP'i' GI ~?t.'iT'ddJl'~ cif"1C..~C'f{C"~'i .tF~~It` Yt'F~( :a.J1'.EF9L tf+lt%t.f7"(1~1 P~f[' zs~I(ttraatl'rrr £~f dt'Yr7J7i1r"itt'1' .41"f ' 'e?~, '"fJ11t~Xc'a.~~?C'Y ~'Pt,Y?~3FE'h.4 ~7t'7' Cali€?1dC~L7t ?'c'Lr7'. If the 17Z[SlneSS rS lOCated within a shopping center, no more than four (4) temporar y signs rraav be displayed throughout the shopping center at any given tune. (-~}(d) Any sign. not considered permanent shall be considered temporary. (e) Temporary signage may not be zrsed as permanent hall signage for the business. {-b)(f) Temporary I~riners signs or peimants shall not exceed 2 ~°°* ~•~ ''~ ~ °* ~^ ^~~°, 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. {~}(h) No temporary signs shall extend over or into any street, alley, sidewalk or other public thoroughfare evera~=~~a~l, and may not cover more than 25% of window area such that 75% of the total window area is kept clear at all. times. (-El}(i} No temporary sign shall be erected so as to prevent free ingress to or egress from. any door, window or fre escape, nor shall such sign be attached to ar_y standpipe or fire escape. {~}(j) TJnauthorized use of temporary signage shalt 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 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 (S) 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 or°dinarrce shall be in fi-rll force ar~d effect front and after 30 dais after its passage. 28 Y'LA1V1V11'VG dL GC11V11VG l VlV11VllJJ1V1V 1V111VU 1 bJ PAGE 5 MARCH 5, 2008 CASE NUMBER: 2008-0301 APPLICANT: Linden's Greenhouses, Inc. LOCATION: 4300 Central Avenue, Rainbow Parking Lot REQUEST: Interim Use Permit for Seasonal Sates INTRODUCTION Linden's Greenhouse has applied for an Interim. Use Permit to allow the operation of a seasonal mini- garden center for flowering plants and retail sales. The City of Columbia Heights has recently amended the ordinance regarding outdoor seasonal sales in all zoning districts, and now requires an Interim Use Permit rather than a Conditional Use Permit. Interim Use Permits are approved by the Plamling & Zoning Commission and do nat go to the City Council. The specific development standards far an outdoor sales/display establishment are found at Section 9.107 (C)(28), and will be added as conditions of approval for this permit. This will be the Linden's 19`}' year operating a temporary greenhouse at this lacation in Columbia Heights. The attached site plan illustrates the configuration of two structures plus a patio area ui front. This site plan and configuration remains unchanged from previous years. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the same as previous years with four, six-foot doors remaining open at all times during business hours. There will be at least four 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 two structures and patio will displace approximately 30 parking spaces and a drive aisle. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. ZONING ORDINANCE The zoning classification for this property located at 4300 Central Avenue is GB, General Business District. Retail uses are allowed in this zoning district. Existing parking exceeds zolung requirements. Section 9.106 (L)(10) of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 1.44,900- square foot commercial builduig is required to have 483 parking spaces. A$er using the 30 parking spaces for the greenhouses, the site still has 598 parking spaces. Furthermore, with the location of the display area on the opposite side of the parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. 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 seven findings of fact that must be met in order for the City to grant an interim use permit. They are as follows: The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Admuiistrator. Outdoor sales/display establishments a~^e are b~terifn Use i~~ the GB, General Business District, and are considered ~°etail sales, which are permitted. 29 PLANNING & ZONING COMMISSION MINUTES PAGE 6 MARCH 5, 2008 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plczrz guides the subject pr°operty for cornraaer•cial use. Outdoor^ sales/display uses rn^e allowed as coraditioraal uses era all residential districts. The use will not impose hazards or disturbing influences on neighboring properties. The closest residential proper^ty to the sozeth is over 300 feet.fi-orn the proposed temporary use. In addition, the arnourat of space dedicated for the greenhouse sales is relatively small at approximately 1,000 squm^e feet. Therefore, the proposed teraapor°ary use should r7ot have any detrimental impact on neighboring propez°ties. 4. The use will not substantially diminish the use of property in the immediate vicinity. The garden cerzter^ as proposed will have no impact on the use of adjacent properties. 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. Cinder's has been in operation for 18 years at this location, with tlae City experiencing no con¢plaints. The proposed garden cerzter should not negatively impact the existing chm^acter^ of the vicinity. 6. 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. Tlae traffic generated by the garden center will Trot significantly iracr•ease the traffic on the public streets, and the site is large enough to handle additional interior traffic. The use will not cause a negative cumulative effect on other uses in the irrnnediate vicinity. As eradicated by prior descriptions, the garden center should not have a negative impact on other uses in tlae immediate vicinity, which are zoned for residential arzd commercial uses. Staff recommends that the Planning Commission approve the Interim TJse Permit for seasonal agricultural sales subject to conditions of approval outlined in the suggested motion. Questions from the members: Fiorendino asked if any of the requirements had changed since the change from Conditional Use to Interim Use. Sargent stated they are basically the same requirements as before. Public Hearing Opened: There was no one present to speak on this issue. Public Hearing Closed. 30 PLANNING & ZONING COMMISSION MINUTES PAGE 7 MARCH 5, 2008 Motion by Peterson, seconded by Fiorerzdino, t1~at flue Plartrzing Comrnissian approves the, hater-im Use Permit for seasonal agr-icultzrr-al sales at 4300 Centr-al Avenue NE.from April 1 S through Jtzly 1 S, 2008, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ertsur-e compliance with the pr-ovisions of tlae Zoning and Developrazent Ordinance, irtchrding: 1. Outdoor agricultural/pr-odzrce sales located within the public right-of-way ar-e pr°ohibited 2. All goods shall be displayed in an orderly fashion, with access aisles provided as needed 3. Music or ampl fed sounds shall not be audible f ~ont adjacent residential proper-ties. 4. Signage sha1Z be limited to (2) professionally made signs per- structure, not exceeding thirty-two (32) square, feet per sign. 5. The outdoor storage shall be located as indicated orr floe site plant. 6. A $S00 deposit shall be submitted to the Corrzntunity Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Inter°im Use Permit expires and the site has been cleaned up. 7. The proposed fence must be 20 feet fi^on~ the retaining wall far safety vehicular° access. All Ayes. MOTION PASSED. RESOLUTION NO. 2008-PZ02 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN INTERIM USE PERMIT FOR CINDER'S GREENHOUSES, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0301) has been submitted by Cinder's Greenhouses to the Planning and Zoning Commission requesting an Interim Use Permit approval 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: Interim. Use Permit for outdoor seasonal sales from April 15, 2008 to July 15, 2008. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March. 5, 2008; WHEREAS, the Planning and Zoning Commission has considered the advice and reconunendations of the City staff regarding the effect of the proposed site plan. upon the health, safety, and welfare of the co~ninunity 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 Planning and Zoning Colrunission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The use is one of the interim 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 disturbing influences on neighboring properties. 4. The use will not substantially diminish the use of proper-ty ira the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appem-ante of the existing or intended character of the sun°rounding area. 6. Adequate measures have been or will be taken to minimize tr^a~c congestion on the pubic streets and to provide for appropriate on-site circulation of traffic. 7. The use will not cause a negative cunnrlative effect, whe» considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 31 PLANNING & ZONING COMMISSION MINUTES PAGE 8 MARCH 5, 2008 FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall became 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) calei~c~cr~~ vea~° after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Outdoor agriculturaUproduce sales located within the public right-of--way are prolvbited. 2. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 3. Music or amplified sounds shall not be audible from adjacent residential properties. 4. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two (32} square feet. per sign. 5. The outdoor storage shall be located as indicated on the site plan. 6. A $500 deposit shall be submitted to the Co~mnunity Development Department prior to installation of the structlues on the site. The deposit shall be refunded after the Interim Use Permit expires and the site has been cleaned up. 7. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. Passed this 5''' day of March 2008, Offered by: Seconded by: Roll Call: Ayes: Nays: CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hanson CASE NUMBER: 2008-0302 APPLICANT: Frattallone's Ace Hardware LOCATION: 3939 Central Avenue REQUEST: Conditional Use Permit Outdoor Sales, Site Plan Approval INTRODUCTION At this time, Torn Frattallone d/b/a Frattallone's Ace Hardware is requesting a Site Plan approval for the construction of a new 14,500 square foot hardware store located at 3939 Central Avenue. The applicant is also requesting a Conditional Use Permit (CUP) to allow fora 5,500 square foot garden center attached to the back of the building. The garden center requires a CUP because it is considered an outdoor sales area. 3939 Central Avenue is the old Burger King site that the City bought for future redevelopment. A Phase I and II environmental study was conducted. on the property to determine the extent of the contaminated soils in the land. Results of the study indicated that the property sits on a residential construction waste dump, and would require soil corrections in order for the land to be developed. Through extensive work with 32 PLANNING & ZONING COMMISSION MINUTES PAGE 9 MARCH 5, 2008 ProSource (an enviromnental consultant firm}, as well as the Minnesota Pollution Control Agency (MPCA), it was determined that a bio-composite barrier could be placed over the entire property to essentially cap the waste material and provide an acceptable barrier between the waste material and the new construction on the site. This has proven to be the most cost-friendly method of construction, as hauling the waste material from the property would make the project cost prohibitive. Mr. Frattallone is a current business owner in the City of Columbia Heights, with a stare located at 2261 - 37`" Avenue NE. He has chosen to relocate to 3939 Central Avenue in order to be closer to the downtown business core, to stay in the City of Columbia Heights, and to have the opportunity of owning the building in which he conducts his business. COMPREHENSIVE PLAN The Comprehensive Plan designates the property as commercial use. The proposal is consistent with the u7tent of the City's Comprehensive Plan to promote business and enhance the city's econonuc vitality through redevelopment efforts. ZONING ORDINANCE The property located at 3939 Central Avenue NE is zoned CBD, Central Business District, as are the properties to the north, west and south. The property to the east is zoned R-3, Multiple Family Residential. The Zoning Code at Section 9.110 (F)(3)(d) allows for outdoor sales as a Conditional Use in the CBD. The Specific Development Standards at Section 9.107 (29) state the criteria in which the outdoor storage shall be used. These standards state the following: a) The outdoor sales/display use shall be accessory to a conunercial use. The outdoor sales will be accessory to fire har°divar•e stare use, which is per°mitted in the CBD, Central Business District. b) All outdoor sales/display areas shall meet the setback requirements for a principal structure in the zoning district in which it is located. The setback r-eyuir-erner7ts irr fire CBD, Centr°al Business Distr°ict ar°e as folio ~vs: Front Yard: none Side Yard: none Rear- Yard: 10 feet The proposed Garden Center will be locatedl0 feet from the nor°tlrer-n side lot line, 70 feet fr°om the souther°r~ side lot line and 35 feet from the rear lot line, meeting the city's minimum requirements. c) Outdoor sales/display areas within the public right-of--way are prohibited. The applicant will conf ne all outdoor sales/displays to the Gar°den Center located to the rear of the property and away firom any public rights-of--way. d) A landscape buffer with a minimum depth often feet shall be installed and maintained along all abutting public rights-of--way. The pr°oposed outdoor sales/display area will be located behind tlae principal strtrctur°e at a distance of approximately 140 feet from the Central Avenue right-of--way. For this reason, a landscape buffer zone will be unnecessary. 33 PLANNING & ZONING COMMISSION MINUTES PAGE 10 MARCH 5, 2008 ej All goods shall be displayed in a designated area that is hard surfaced. The proposed Garden Center will be hard surfaced and located within a confirre~l fenced-irr space behind the principal strzrcttn°e. f) All goods shall be displayed in an orderly fashion, with access aisles provided as needed. The applicant leas stated that it is to his benefi-t to displav the goods in an orderly fashion. This condition will be added as a condition of appr°o~~~czl for the CUP. g) Music or amplified sounds shall not be audible from adjacent residential properties. The applicant stated that the volanr~re on all sozmd systems would be controlled to ensur°e that the pr°oduced noise would not be audible from the adjacent residentially zoned prroper°t~~. Tlris will be added as cr condition of approval for the CUP. h) The outdoor sales/display area shall not reduce the amount ofoff-street parking provided on-site below the level required for the principal use. The property is located in the CBD, Central Business District, which does not r°equire off-street parking. i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. The Garden Center will be enclosed with a six foot high wrought iron fence wit1~ 2'x2' support colunurs. This will pr°ovide arr adequate buffer between the outdoor sales/display ar°e and adjacent pr°aper°ties. BUILDING CONSTRUCTION. Because of the nature of the property and the soil conditions, the entire building, along with all other structures on site, will be built on pilings. In total, the applicants will be using 125 pilings to support the structure. PARKING. The property is located in the CBD, Central Business District. The CBD does not require an off-street parking for any businesses. The applicant, however, is proposing 34 on-site parking spaces, sized to meet the city's minimum parking space requirement of 9'x18'. LANDSCAPING. The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street frontage or fraction thereof. Parking areas shall have a minimum of 100 sf of landscape area and one over-story tree for each 20 spaces or fraction thereof as well. 3939 Central Avenue has 180 feet of street frontage, and is utilizing 34 parking spaces. This requires six trees, two of which shall be over-story trees, and 170 sf of landscape area. The proposed plans indicate a total of eight Leiden Trees, all of which are over-story trees, and approximately 3,260 sf of landscaped area, meeting the City's minimum requirements in both regards. STORMWATER MANAGEMENT. As stated previously, the property at 3939 Central Avenue is contaminated with construction debris and needs to be controlled prior to any construction. As directed by the MPCA, the developers will incorporate atwo-foot thick layer of geo-composite lining, creating an acceptable buffer zone between the new building and the waste material, and effectively capping the property. 34 YLANN1NCi 8i GUNING (_'UMM1S~iUN M1NU1~tsS PAGE 11 MARCH 5, 2008 By capping the site, the MPCA has also determined that storinwater management in the form of ponding would not be acceptable, as the protective barrier cannot be penetrated in any way. For this reason, the developer's only other option is to pond the stor.~t .rater on the roof of the building a..d control the rate of runoff into the City's stone sewer drains tluough a water retention method. DESIGN GUIDELINES The property at 3939 Central Avenue is also located in the Design Overlay Central Business District and is subject to a set of specific development standards as outlined in the Design Guidelines. Some of the following areas of interest are as follows: BUILDING PLACEMENT. Buildings shall meet the established facade line on the block where they are located, in most cases at or very near the front lot line. The proposed building will be placed 10 feet from the front lot line ill order to incorporate landscaping between the building and the sidewalk. PRIMARY FACADES. Buildings should have awell-defined base, middle and top. The base, or ground floor should appear visually distinct from the upper stories. The proposed structure is a one-story building designed to have the appearance of a two-story structure. The ground floor incorporates a row of windows with a change in building material on the upper portion of the building to give the impression of a second story. Brick colunuls will span the height of the building, ending at the bottom of an ornate cornice topping the entire front and a portion of the side facades. BUILDING HEIGHT. All buildings shall have a minimum cornice height of 22 feet. With the grade change on the property, the majority of the building will be in excess of 22 feet, with the southwestern corner at 21'8". Because the majority of the building meets the 22-foot height requirement, the building height will be considered acceptable. BUILDING MATERIALS. The building will incorporate rock face block, brick and EIFS, which are all acceptable building materials for the district in which the building is located. FINDINGS OF FACT (Conditional Use Permit} Section. 9.104 (H) of the Zoning Ordinance outlines nine findings of fact that must be met in order for the City to grant a conditional use permit. They are as follows: (a} The use is one of the conditional. uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Outdoor sales/display is specifically listed as a Conditional Use in the CBD, Central Business District in the City of Colzrrrrbia Heights. (b) The use is in harmony with the general. purpose and. intent of the comprehensive plan. The Comprehensive Plan designates the proper°ty as commercial use. The proposal is consistent with the intent of the City's Comprehensive Plan to pr°omote business and enhance the city's economic vitality tlrr°ougly redeuelopmerrt effor°ts. (c) The use will not impose hazards or disturbing influences on neighboring properties. The outdoor sales area is located on the back of the building and will be enclosed with an ornamental wrought iron fence with brick columns. The activity condzrcted in the Garden Center will not impose hazards on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The required setbacks for ozrtdoor sales area for the proposed CUP wozrld help ensure that the zrses of proper°ties ir7 the immediate vicinity wozrld not be diminished in any capacity. 35 PLANNING & ZONING COMMISSION MINUTES PAGE 12 MARCH 5, 2008 (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the sun-oundu1g area. The ozrtdoor• sales area is located on the back of the building and will be enclosed with an ornanrerrtal ufi-ozrght iron fence with brick columns. Zt is intended that the Garden Center will be operated and maintained in a manner compatible with the appearance of the szrrroundirrg area. (f) The use and property upon which the use is located are adequately served by essential. public facilities and services. The pr°operty located at 3939 Central Avenue 1VE rrzeets this criterion. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and. to provide for appropriate on-site circulation of traffic. The Site Plan indr""cafes adequate parking stall dimensions and drive aisle widths. This will ensure appropriate on-site circulation of traffic. MnDOT has received and reviewed the site plan and has indicated rro corzcerrrs r°egarding increased traffic dzre to the proposed Garden Center use. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the i~nediate vicinity. Being that ozrtdoor sales/display is allowed in the Central Bzrsiness Distr^ict with a CUP, it is assznrzed that then^e wozdd be no negative cumulative effect of the proposed use on other zrses in the immediate vicinity. (i} The use complies with all other applicable regulations for the district in which it is located. The use complies with all other applicable r°egrrlation for the CBD zoning district. FINDINGS OF FACT (Site Plan Approval) Section 9.104 (M} of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan.. They are as follows: a) The site plan conforms to all applicable requirements of this article. The site plan meets all setback, bzzildirzg density, parking and Design Gzridelines criteria pertaining to the Zoning Code. b) The site plan is consistent with the applicable provisions of t_h_e city's Comprehensive Plan. The City's Comprehensive Plan guides this ar°ea for conirnercal zrse. The proposed hardware store is an acceptable use in the zoning district it is located, thzrs consistent with the Corrzpr°ehensive Plan. c) The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d) The site plan minimizes any adverse impacts on property in the irmmediate vicinity and the public right- of-way. The proposed site plan rrreets all applicable setback requirements and zoning provisions. For this reason, there will be no adverse impacts on property in the inarr~ediate vicinity or- the public right-of--way. The Burger King site has been a redevelopment priority for the City of Columbia Heights and Mr. Frattallone has been a prominent business owner in the city for quite some time. The proposed plans for the construction of a hardware store meet all zoning and design guideline requirements, and the garden center will be an unobtrusive service to the public. For these reasons, staff recommends approval of the Conditional Use Permit for outdoor sales/display as well as approval of the site plan for 3939 Central Avenue. 36 PLANNING & ZONING COMMISSION MINUTES PAGE 13 MARCH 5, 2008 Questions from members: Peterson expressed concern regarding the 18-foot length of the parking stalls designed to be straight pull-in spots, and felt it would be difficult for cars to maneuver. He thought angled spots might be better. Sargent stated that the 18-foot length is standard and meets our code requu-ements. The developer designed the parking spaces this way for a reason. Angled spots would not work well on this site because there is only one access to the parking lot, and that is off Central. Angled spots would require another exit point which is not possible on this site. Peterson then asked how deliveries would be made to the building, and if the trucks would have enough room to maneuver. Tom Frattallone, the applicant, showed the members how the trucks would access the delivery door in the rear NE confer of the building. He stated there is plenty of room to accommodate the 48 ft. semi trucks that make their deliveries. Peterson asked if the trees along the north side of the building will grow as it will be somewhat shaded between the buildings. Jim Faulkner, the architect for this project, stated that the Linden Tree was chosen as it is an excellent tree for an urban setting such as this. Schmitt questioned what type of screening/barrier would be used on the east side of the property. Faulkner explained that a fence and shrubs already exist on the adjacent apartment property. Schmitt then asked who would be responsible for any necessary clean up if the bio-composite barrier would ever tear. Faukner stated that the environmental cap is applied to the site to limit methane gas from leaking up through the soil. All tests that have been done indicate little or no methane gas being present. He went on to explain that all the underground work will be done prior to the membrane cap being applied so it will not be compromised. He said the waste has already been covered by 20 feet of dirt. The debris starts at about 20 feet and goes as deep as 60 feet. The pilings will be 90-120 feet in depth and will also be under the membrane cap. Any future issues with the site will be the responsibility of the property owner, and all environmental issues will be properly documented. Sclnnitt questioned whether a monument sign is planned for the site as well. Mr. Frattallone said they haven't made a decision on this yet, but it will be decided prior to the beginning of construction. Szurek clarified the fact that this would be a slab on grade building and there would not be a basement or storage area beneath the building. The architect confirmed that and stated they hadn't decided if the garden center portion would be asphalt or concrete. She thanked Mr. Frattalone for stayingrn Columbia Heights and stated she thought the plans were nicely designed. Mr. Frattalone stated it is his intent to be in the new store before year-end. He explained his lease at his present location expires June 30`" and he has arranged to continue his business there on an interim basis until the new stare is fmished. Fiorendino asked if the bio-composite barrier would cover the entire site. He was told, yes, it would even be under the parking lot area. He questioned the location of the fencing. Mr. Faulkner went over the layout of the site and how people would access both the store and the garden center. There was some discussion regarding the design of the garden center space. Thompson stated he was happy with the plans and wished them luck on the many issues they are dealing with. 37 PLANNING& ZONING COMMISSION MINUTES PAGE 14 MARCH 5, 2008 Publie Hearing 01~ened. No one was present to speak. on this matter. Public Hearing- Closed. Motion by Schmitt, seconded by Fiorewdiz~o, to waive the reading of Resolzztiof~ No. 2008-PZ03, there being aanple copies available to the public. All Ayes. MOTION PASSED. Motion by Schmitt, seconded by Fiore»dirzo, to adopt Resolzztiof~ No. 2008-PZ03, beif~g a resolzrtion approving a site plan, for a hay°dware store arzd gardez7 cente~° located at 3939 Central Avenue. All Ayes. MOTION PASSED. RESOLUTION NO. 2008-PZ03 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR A HARDWARE STORE AND GARDEN CENTER AT 3939 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0302) has been submitted by Tom Frattallone to the Planning and Zoning Connnission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 3939 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FGLLOWING PERMIT: Site Plan approval for the constraction of a hardware store and garden center at 3939 Central Avenue. WHEREAS, the Planning Co~mnission has held a public hearing as required by the city Zoning Code on March 5, 2008; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of tl?e City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the connnunity 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 surrotmding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commmission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan miiumizes any adverse impacts on property in the irmnediate vicinity and the public right-of- way. 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 ~) calendar year after the approval date, subject to petition for renewal of the permit. 38 PLANNING & ZONING COMMISSION MINUTES PAGE I S MARCH 5, 2008 Passed ibis 5`h gay of Marel. 2008, Offered by: Seconded by: Roll Call: Ayes: Nays: CHAIR Marlaine Szurek Attest SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this document to the City Plamling Office. I have read and agree to the conditions of this resolution as outlined above. Tom Frattallone Date Motion by Schmitt, seconded by Thompson, that the Planning Conanzission recorzzrnends the City Council approve the Conditional Use Per~nzit for arz outdoor sales/display area for the Frattallone 's Ace Hardware Store located at 3939 Central Avenue, subject to certain conditions of approval that have been found to be necessary to protect the public interest and enszsre compliance with the provisions of the ~orzing and Development Ordinance, including: 1. The outdoor sales/displav use shall be accessory to a cornrnercial zrse. 2. All outdoor sales/display areas shall meet the setback reguirenzerrts for a pr^incipal str~zrctzrr°e in the zoning district in which it is located. 3. Outdoor sales/display areas within the public right-of-way are prohibited. 4. All goods shall be displayed in a designated area that is hard surfaced. 5. All goods shall be displayed in an or^derly fashion, with access aisles provided as needed. 6. Music or ampl f ed sounds shall not be audible f -onz adjacent residential properties. All Ayes. MOTION PASSED. The following Resolution will go to the City Council March 10, 2008. DRAFT RESOLUTION N0.2008-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR TOM. FRATTALONE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0302) has been submitted by Tom Frattallone to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3939 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (F)(3)(d), to allow outdoor sales/display. 39 PLANNING & ZONING COMMISSION M1NUI'ES PAGE 16 MARCH 5, 2008 `WHEREAS, the Planning Coimnission has held a public hearing as required by the city Zoning Code on March S, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Connnission 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 Conmussion; 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 Zonng 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 stl-eets 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 snail become null and void if the project has not been completed within o~ae (1) calel~drn° year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: I . The outdoor sales!display ,ase shall be aceessor, to a connnercial use. 2. All outdoor saiesidisplay areas shall meet the seiback requiremenis for a principal structure in the zoning district in which it is located. 3. Outdoor sales/display areas within the public right-of--way are prohibited. 4. All goods shall be displayed in a designated area that is hard surfaced. 5. All goods shall be displayed in an orderly fashion, with. access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential properties. CASE NUMBER: 2008-0303 APPLICANT: Aren Dela LOCATION: 3807-3809 Pierce Street REQUEST: Lot Split, Conditional Use Permit for Twin Home INTRODUCTION At this time, there are two land use requests for the property located at 3807-3809 Pierce Street. They are: 1. A lot split per Code Section 9.104 (J). 2. A Conditional Use Permit for the establishment of a Twin Home in the R-2B, One and Two Family Residential District per Code Section 9.109 (F)(3)(b). 40 PLANNING & ZONING COMMISSION MINUTES PAGE 17 MARCH 5, 2008 The applicant, Aren Dela, is proposing to split the property located at 3807-3809 Pierce Street in order to convert an existing duplex into a twin home. The Zoning Ordinance has recently been amended to require a Conditional Use Permit (CUP) for all twin home proposals within the R-2A or R-2B, One and Two Family Residential Zoning Districts. The existing house located at 3807-3809 Pierce Street is a duplex. The applicant currently resides at the premises and would like to convert the rental property into for-sale units. COMPREHENSIVE PLAN The Comprehensive Plan guides this area towards Low Density Residential. By converting the current use as a duplex to a twin home use, the applicant will conform to the Land Use designation of the area. ZONING ORDINANCE The property is zoned R-2B, One and Two Family Residential. The purpose of the R-2A and R-2B, Two- Family Residential District is to provide appropriately located areas for single-family dwellings, two family dwellings (duplexes) and directly related complementary uses. The minimum requirements for lot area, lot width and setbacks in the R2-B District for a twin home use are as follows: Lot Area: 5,100 square feet Lot Width: 60 feet Front Yard Setback: Average requirement Side Yard Setback: 0 feet Rear Yard Setback: 20% of lot depth. The lot width and lot area requirements are the minimum standards required for properties prior to the lot split, in order to construct a twin home. The property at 3807-3809 Fierce Street meets the minimur,7 requirements. The Zoning Code has specific requirements for zero lot line setbacks when taking twin homes into consideration. They are as follows: (1) The wall of the dwelling unit shall be placed upon said property line in a manner that does not encroach upon another property. The proposed lot line will split the structure into two separate living quarters, along a party wall. At no point does any portion of either dwelling unit encroach onto the neighboring property. (2) The applicant records all required agreements, easements and deed restrictions against all properties that abut the zero lot line. This condition will be attached to the Conditional Use Permit Resolution. The applicant will be respor~~sible for recording a party wall agreement as well as a driveway easement agreement between the two properties. (3) The minimum fiont, side and rear building setbacks shall be applied to the structure as a whole, rather than to individual units. The current structure is S feet from the northern side lot line, S feet from the southern side lot line, and approximately 39 feet from the rear property line, meeting the rninirnum setback requirements. 41 PLANNING & CONING COMMISSICJN MINUTES PAGE 18 MARCH 5, 2008 (4) The minimum lot area requirement shall be applied by dividing tl-ie sui11 of tine area of all parcels occupied by the structure by the total number of dwelling units. The curr-ent structzn°e is placed in the center of the property, with an egzral setback of 5 feet to each of the side lot lines. The proposed lot line will egzrally bisect the property into two 30 foot wide parcels. TJzis n~reets the zero-lot line requirement regarding the nrinirnurrr lot ar°eas. The park dedication fee for the new lot will be $3,900.00, and is to be paid upon final approval of the lot split. FINDINGS OF FACT (Minor Subdivision) Section 9.104 (J) of the Zoning Ordinance outlines eight conditions that must be met in order for the City to grant a minor subdivision. They are as follows: (a) The proposed subdivision of land will not result in more than three lots. The proposed szbdivision will reszrlt in the cr°eation of two parcels. (b) The proposed subdivision of land does not involve the vacation of existing easements. No existing easements will be vacated as a result of the proposed minor subdivision. (c) All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. The minimum lot area and lot width requirements have beer? met with t7~e proposed lot split. (d) The proposed subdivision does not require the dedication of public rights-of--way for the purpose of gaining access to the property. The pr°operty cur°rerrtly has adequate access to Pierce Street and will not require a dedication of the public right-of--way for access purposes. (e) The property has a?ot previously been divided through the mi_~?or subdivision provisions of this article. This property has not been previously subdivided through the minor subdivision process. (f) The proposed subdivision does not hinder the conveyance of land. This is a tare statement. (g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is a true statement. (h) The proposed subdivision meets all of the design standards specified in Section 9.114. Section 9.114 refers to the subdivision regulations set .forth in the City's Zoning Code. The proposed subdivision meets all of tlae design standards specified in this section. 42 YLANNINU ~i GUNING C'UMM15S1UN M1NUlL5 PAGE 19 MARCH 5, 2008 FINDINGS OF FACT (Conditional Use Permit) Section 9.104 (H') of the Zoning Ordinance outlines trine conditions that must be met in order far the City to grant a conditional use permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. A twin Izorne use is specfcallt~ raaerationed as a Conditional Use in the R-2B, One and Two ~amilt-~ Residential Dish•ict. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The Corrzpr•elzerzsive Plan guides this area towards Low Density Residential. By converting the property fr-orrz a two:farzzily zrse to two orze-family uses, the zrse of the prroper•n~ will be more consistent with the irzterzt of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. The arse of the building will change fironz a rental dwelling to owner-occupied. .This should not impose hazards or disturbing it fluences within a residential area. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of the property in the irrznzediate vicinity would not be dirrrirzished with this proposal. The building is arz existing structure orz the property. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The character of the surrounding area is for orze and tu~o_family hozrselzolds. The twin horse proposal would be consistent with the character of the su»-ozrnding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 3807-3809 Pierce Street rzzeets this criterion. (g) Adequate measures have been or will betaken to ~ninijrize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. Traffic congestion will root be a problem with a twin bonze residential use within a residential dish-ict. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. The use will not cause a negative cumulative effect in the area. The proposal would be reducing the number of r°ental units in the neighborhood. (i) The use complies with ail other applicable regulations for the district in which it is located. The use complies with all other applicable regarlatiorzs_for° the district in which the prroper•ty is located. Staff reconunends approval of the minor lot split and the Conditional Use Permit for a twin home use subject to the conditions noted in the suggested motions. 43 PLANNING & ZONING COMMISSION MINUTES PAGE 20 MARCH 5, 2008 Questions by members: Szurek stated she had been advised that the applicant is requesting the Park Dedication fee be waived, as it is a financial hardship for him to pay it. Sargent explained that only the City Council may make adjustments to the fee at the reconunendation of the Planning & Zonilzg Commission. The recommendation must be based on a hardship (cannot be financial), topography, or that the applicant has dedicated another area in lieu of the amount. Mr. Dela who lives at 1335 Buchanan P1 stated he bought the property in October and that his mother in law lives in half. He wants to sell the other half as he doesn't have time to find renters and has no desire to be a landlord. He stated that if he has to pay the fee, he would have to withdraw the request. He questioned how the park dedication fee is arrived at. Sargent explained that it is based on 10% of the land value established by the Anoka County Assessor. In this case, he took the value of the land and divided it in half and took 10% of that figure. Park dedication fees apply to every type of subdivision, and are meant to provide and maintain recreational facilities. Gary Peterson questioned how the maintenance of the divided property would be handled especially regarding siding, roofing, windows, and other exterior improvements such as fences or lawn care. Sargent stated that these issues are usually addressed in an owner's agreement that would also cover any easements, such as use of the common driveway. The agreement should be written by an attonley, and any owners involved would need to sign and agree to the terms as detailed. Schmitt had concen~s regarding allowing the split that would create two homes with single car garages. She said she thought the intent of the city code was that each new residence created must provide for two enclosed stalls for each property. Sargent said he was advised differently. He was told to interpret it that each building would need to have at least two enclosed parking spaces which this one does. Gary Peterson pointed out that it isn't possible to add additional garage space now to this property due to the location and topography of the site. He said the ordinance was directed at the construction of new residences, not necessarily the older existing ones with the type of limitations this property has. Schmitt also questioned the minimum 5100 sf requirement for the R2B district. Sargent explained the square footage amount for the R2B district was arrived at to accommodate existing double bungalows to avoid creating "non-conforming" properties. The square footage of this parcel does meet the minimum requirement. Thompson thought the application lacked drainage information that could potentially result in damages from one unit to the other. Szurek stated that drainage information is only requested at the time of new construction and that any potential problems regarding this issue should be part of the owner's agreement. The park dedication fees were discussed again. Gary Peterson didn't think the City Council would make an adjustment for one property, and he could not see any hardship in the request. Any changes would have to be to the policy itself. Fiorendino didn't feel the commission should make any particular reconunendation. He thought a recommendation to uivestigate or consider the request, if documentation. could be provided to help the City Council make a determination on the fees, would be more appropriate. The members thought the City Council should be the ones to decide if any adjustment could be made to the park dedication fee and were not in agreement regarding the request to waive the fee. 44 PLANNING & ZONING COMMISSION MINUTES PAGE 21 MARCH 5, 2008 Public Hearing Opened: No one was present to comment on this matter. Public Hearing Closed. Motaol~ by Peterson, seconded by Fiorewdi~~o, that the Plaf~nang Colrar~~issio~~ r°ecorrsrnerads that the City Cour7cil approve the minor subdivasior~ of the property located at 3807-3809 Pierce Street for the p~n~pose of creating parcels for a twin home, subject to cef~tair7 co~~~dations of approval that have beery four7d to be f~ecessarw to protect the public interest and e~~~san~e compliahce tivith t17e provisions of the Zoning a~~d Developmef~t Or°daf~a~~ce, if~cludir7g: 1. All applications materials, i~~aps, di°awi~gs and descripti~~e as~formatao~~ subr~~zitted with this npplicatio~ shall becoi~ze part of the permit. 2. The Planning Con~~massio» requests tlae Cih~ Council look at the possibility of mod fi~ir~g the Pczf°k Dedication fee of $3, 900.00, per the request of the applical~t. The amount decided ofz by the City Council is due at the tiure offirzal approval by the Cate Coir~cil. Thompsor7, Schsr~itt-Nay Fiorendino, Peterso~~ and S~urek-Aye. MOTIONPASSED. The following draft resolution will go to the City Council March 10, 2008. RESOLUTION NO. XXXX APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR AREN DELA WHEREAS, a proposal (Case No. 2008-0303) has been submitted by Aren Dela to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 3807-3809 Pierce Street EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. WHEREAS, the City Council has considered the advice and reconunendations 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 5, 2008. NOW, THEREFORE, BE IT RESOLVED by the Ciry Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Plam~ing 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. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 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 X9.114. 45 PLANNING ~ ZUNING CUlVIMISSIUN MINUTES PAGE 22 MARCH 5, 2008 FURTHER, BE IT RESOLVED, that the attached condition, plans, snaps, and other information shall become part of this subdivision approval. CONDITIONS: 1. All applications materials, maps, drawings and descriptive i~~zformation submitted with this application shall become part of the permit. 2. The Planning Commission regzrests the City Council look at the possibility of modf~~ing the Park- Dedication fee of $3, 900.00, per the request of the applicant. T7~e amount decided on by the Cith Council is due at the time of fi~zal approval by the City Council. Motioy7 by Peterson, seconded by Fioz°endino, that the Planning Commission recorzarnezzds the City Council appz°ove the Conditional Use Permit for a hvin home use, 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 Zonir7g and Development Ordinance, including: 1. All application materials, neaps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The shared party wall shall have not less than a one-hour fire resistive rating with exposer°e from both sides. 3. A shared park--ing/drivewczv easement shall be drawn up and recorded with Ar7oka Count) for the shared use of the driveway. Thompson, Schmitt-Nay Fiorendino, Peterson, Szzrr°ek-Aye MOTIONPASSED. The following Resolution will go to the City Council March 10, 2008. RESOLUTION NO. XXXX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AREN DELA WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0303) has been submitted by Aren Dela to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3807-3809 Pierce 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) for a twin home. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoiung Code on March 5, 2008; 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 connnunity 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 46 PLANNING & ZONING COMMISSSION MINUTES PAGE 23 MARCH 5, 2008 NOW, THEREFORE, BE IT RESOLVED by the City Cowlcil of the City of Columbia Heights after reviewing the t V Via} that ills, C it ~,GUiicil aCCe iS ar3d ado ~tS t}i% f0}}t'i"w iii fiiidiii S of the i3}ai'uilii C oiiimi~uSioti: p _p~~ ~ Y p I g g g 1. The use is one of the conditional uses listed for the zoning district in whic}1 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 iimnediate 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 sl -rounding area. 6. The use and property upon. which the use is located are adequately served by essential public facilities anal 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 invnediate vicinity. 9. The use complies with all other applicable regLilations for the district iii 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 app}icant agree that this permit shall become null and void if the project has not been completed within o~~e (1) calendar yea~- after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: All application. materials, maps, drawings and descriptive information submitted with this application shall become part cf tl.e permit. The shared party wall shall have not less than aone-hour fire resistive rating with exposure from both sides. A shared parking/driveway easement shall be drawn up and recorded with Anoka County for the shared use of the driveway. NEW BUSINESS None OTHER BUSINESS None The meeting was adjourned at 8:45 p.m. Respectfully submitted, Shelley Hanson 47 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: March 10, 2008 AGENDA SECTION: Consent ORIGINATING CITY MANAGER'S NO: DEPARTMENT: CITY APPROVAL ~~rA~1AGER' S ITEM: Board/Cotnmission BY: Walt Fehst BY: ! _' , Appointments DATE: February 28, 2008 DATE: NO: The following Board and Commission members have expressed interest to be re-appointed to their current positions: Board or Commission. Library Board Plaminig & Zoning Commission Telecommmunications Commission Traffic Commission Park and Recreation Commission Name Lynette Thomson - 3 year term Marlaine Szurek - 4 year term David Thompson - 4 year term Bob Buboltz - 2 year term Dan Swee - 2 year term Bradley Peterson - 2 year term Kenneth Henke - 2 year tei7n Richard Anderson - 4 year term Gerald Foss - 5 year teen. David Payne - 2 year term Kevui McDonald - 2 year term Stan Hoium - 5 year term There is currently an opening on the Police and Fire Civil Service Commission and the Traffic Commmission. Mr. Sturdevant has graciously offered to continue to serve on the Traffic Conunission until a replacement can be found. Mr. Gerald Herringer has expressed interest to be appointed to the Economic Development Authority. Tize Mayor wishes to confirm this appointment. MOTION: Move to re-appoint Lynette Thomson to the Library Board for a three year term; Marlaine Szurek and David Thompson to the Planning and Zoning Commission for four year terms; Richard Anderson to the Traffic Commission for a four year term; Bob Buboltz, Dan Swee, Bradley Peterson and Kenneth Henke to the Telecommunications Commission for two year terms; and Gerald Foss and Stan Hoium for S year ten~ns and David Payne and Kevin McDonald for two year terms to the Park and Recreation Comnussion effective April 1, 2008. MOTION: Move to appoint Gerald Heninger to the unexpired Economic Development Authority term to expu-e January 8, 2012. COUNCIL ACTION: 48 ..•~"E°a CITY OF COLUMBIA HEIGHTS APPLICATION FOR APPOINTMENT TO BO OR COMMISSION BOAR.DS(S) OR COMMISSIONS(S) ON WHICH YOU WOULD LIKE TO SERVE: (INDICATE PREFERENCE: I, 2, 3, IF MORE THAN ONE) TELECOMV[UNICATIONS COMMISSION LIBRARY BOARD _ CHARTER COMMISSION (Note: tfappiying for this commission, please indicate if you are a qualified voter. _Yes _ No TRAFFIC COMMISSION ECONOMIC DEVELOPMENT AUTHORITY PARK & RECREATION COMMISSION H[TJMA]'~ SERVICES COMMISSION PLANNING & ZONING COMMISSION POLICE/FIR.E CIVIL SERVICE COMMISSION NAME: HOME PHONE: HOME ADDRESS: ZIP CODE: -- . ~. SS'QC?.ti LNED IN COLUMBIA HEIGHTS SINCE: ~ ~ q 6 C -- M\~~-rw.,~. ~ PROPERTY OWNED IN COLUMBIA HEIGHTS (OTHER THAN RESIDENCE} CH~.~c~ CGw ~~2 -. .5'\So -- 5 X97. C~"'rnP-L. '~~..ocvz~Cdvs~t~ `3-u\~\~tNCs- - 3~ ~.o CCti,~p„,~~,,, PLOYER: PRESENT E M WORK PHONE: `` ~` PGSITION TITLE: GCz.~p, \~, cJ Ate„ : Cot... ~ GAS b~ . S - ~ aF MANN - ~-c:~cc.c>~, ©~ c~v\~ ~NC.~~~.czcc~G- Cta Acz-c~.~... co mnF. 'CCi~C~ °~ t'1~1~ C\St\.. 5'C-t~~f ~c.4. GeM~t'R (a,0~ >t 6'x.5 ~ rd~N~ \\.SG- ~\Q~G'Cb ~ Ca4..tl a-TS . Ci~•p~,NCq'ECZ o~ GOMM"~t ~~..~ (-FC~.~~o~.ey nn~CTiT~oNCC \mpa~- comet . ~'q -~l3 -- 5ct~bot. '~.vAwft'etoN jCt„s,6-1.Kr CAt~m ~C-r\y \Tti! ~N '"' GorC~M . CTc+ ~-rc.. 49 PLEASE STATE BRIEFLY WHY YOU ARE INTERESTED IN SERVING ON THIS BOARD/COMMISSION FOR WHICH YOU ARE SUBMITTING THIS APPLICATION AND WHY YOU FEEL YOU ARE QUALIFIED: t i ~ tl ~ cQ`:. ~ u~,.~...\j V`t~~} ~~A~.. 1-~-`~'t7~`C~. ~"`~~l't~~c~'C ~ ~flt W C~ Cc4 N I AM NOT AVAILABLE FOR BOARD/COMMISSION MEETINGS ON THE FOLLOWING EVENINGS {CIRCLE): ONDA TUESDAY WEDNESDAY THURSDAY FRIDAY l SocRE . SOMA. , PLEASE LIST THREE REFERENCES: I HEREBY CERTIFY THAT THE FACTS WITHIN THE FOREGOING APPLICATION ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. Signature Return application ta: City Clerk City of Columbia Heights 590 40`h Avenue NE Columbia Heights, MN 55421 (763) 706-3611 TDD (763) 706-3692 For Office Use Only: Date received: 1- ~ ~ -o g 12-17-01 50 CITY COUNCIL LETTER rvroor; .,~. nn~,-~h in ~~nno AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER`S N0: CITY MANAGER°S APPROVAL, ~ -~^ TTgrvt: ADOpTIn?G 2008-2010 SALARY FRINGE BY• LI.SDA L. DIAGEE _ 'j BY : 1 BENEFIT ADJUSTMENT FOR NON-UNION DATE: 3-5-08 DATE: SUPERVISORY EMPLOYEES N0: Attached is a resolution and schedule reflecting proposed salary and fringe benefit adjustments for non-union supervisory employees. The proposed changes are as follows: Wages- 2008: 3.Oo adjustment over 2407 2009: 3.5o adjustment over 2008 2010: 3.Oo adjustment over 2009 Insurance- 2008: $665 per month (2007 = $645 per month) 2009: $705 per month 2010: $745 per month Deferred Compensation: As a form of additional compensation, the City will contribute $1 per full-time employee toward a city-sponsored deferred compensation program for every $1 contributed by such employee toward such city-sponsored deferred compensation program. Such employer contribution will not exceed $375 for calendar year 2008 and $400 for calendar year 2009, and $425 for calendar year 2010. (2007= $350) Based on a re-evaluation under the Hay System of Job Evaluation, our current compensation plan, internal equity, and external comparability, the City Manager has included a revision in the salary range for the positions of Adult Services Librarian, Children's Librarian, Community Development Assistant, Assistant Finance Director, and IS Director. Additionally, it is recommended that the position title of Community Development Assistant be changed to Assistant Community Development Director, to better reflect the duties and responsibilities of that position. The proposed salary ~anges ar.d positicr. title change are included in the attached salary schedules for 2008, 2009, and 2010. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-43, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized supervisory City positions for calendar years 2008, 2009, and 2010. COUNCIL ACTION: 51 RESOLUTION 2008-43 ADOPTING CHANGES IN NON-UNION SUPERVISORY SALARY RANGES, ESTABLISHING SALARIES FOR NON-UNIONIZED SUPERVISORY POSITIONS, AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program far Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an aiulual basis changes will be adopted in Group Salary Ranges based upon reliable survey data; and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88-50), to assure comparable compensation for positions with comparable skill, efforts, responsibilities, and work conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs for its non-unionized supervisory employees to compare what is paid for other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights establishes salary ranges and fridge benefits for non-unionized supervisory City positions, as uidicated on Schedule A which is on file u1 the office of the City Manager and is attached, for calendar years 2008, 2009, and 2010; and BE IT FURTHER RESOLVED that movement through the salary range is contingent upon satisfactory performance of the employee. Passed this 10th day of March, 2008. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, CMC City Clerk 52 SCHEDULE A 2008 MONTHLY SALARY SCHEDULE EFFECTIVE JANUARY 1, 2008 Entry 6 Months 1 Year 2 Years 3 Years STORE SUPERVISOR $2,506 $2,592 $2,677 $2,763 $2,848 ASSISTANT LIQUOR $3,522 $3,642 $3,762 $3,882 $4,002 OPERATIONS MANAGER ACCOUNTING COORDINATOR IS TECHNICIAN SPECIAL PROJECTS COORDINATOR ADMINISTRATIVE ASST-PUB WORKS POLICE SUPPORT SERVICES SUPER. SENIOR CITIZENS COORDINATOR COMMUNITY DEVELOPMENT SPECIALIST CHILDREN'S LIBRARIAN ADULT SERVICES LIBRARIAN STORE MANAGER ACCOUNTANT VEHICLE MAINTENANCE SUPERVISOR BUILDING OFFICIAL PLANNER PUBLIC WORKS SUPERINTENDENT ASSISTANT CITY ENGINEER ASSISTANT COMMUNITY DEV DIRECTOR ASSISTANT FINANCE DIRECTOR RECREAT{ON DIRECTOR IS DIRECTOR LIQUOR OPERATIONS MANAGER $3,608 $3,731 $3,854 $3,977 $4,100 $3,723 $3,850 $3,977 $4,104 $4,231 $3,844 $3,975 $4,106 $4,237 $4,368 $4,374 $4,524 $4,673 $4,822 $4,971 $4,432 $4,583 $4,734 $4,885 $5,036 $4,484 $4,637 $4,790 $4,943 $5,096 $4,557 $4,712 $4,867 $5,023 $5,178 $4,759 $4,921 $5,084 $5,246 $5,408 $5,133 $5,308 $5,483 $5,658 $5,833 $5,387 $5,571 $5,755 $5,938 $6,122 $5,472 $5,658 $5,845 $6,031 $6,218 $5,511 $5,698 $5,886 $6,074 $6,262 $5,537 $5,726 $5,914 $6,103 $6,292 $5,553 $5,742 $5,931 $6,121 $6,310 $5,804 $6,002 $6,200 $6,398 $6,596 $6,281 $6,495 $6,709 $6,923 $7,137 53 SCHEDULE A 2009 MONTHLY SALARY SCHEDULE EFFECTIVE JANUARY 1, 2009 Entrv 6 Months 1 Year 2 Years 3 Years STORE SUPERVISOR $2,594 $2,683 $2,771 $2,860 $2,948 ASSISTANT LIQUOR $3,645 $3,769 $3,893 $4,018 $4,142 OPERATIONS MANAGER ACCOUNTING COORDINATOR IS TECHNICIAN SPECIAL PROJECTS COORDINATOR ADMINISTRATIVE ASST-PUB WORKS POLICE SUPPORT SERVICES SUPER. SENIOR CITIZENS COORDINATOR COMMUNITY DEVELOPMENT SPECIALIST CHILDREN'S LIBRARIAN ADULT SERVICES LIBRARIAN STORE MANAGER ACCOUNTANT VEHICLE MAINTENANCE SUPERVISOR BUILDING OFFICIAL PLANNER PUBLIC WORKS SUPERINTENDENT ASSISTANT CITY ENGINEER ASSISTANT COMMUNITY DEV DIRECTOR ASSISTANT FINANCE DIRECTOR RECREATION DIRECTOR IS DIRECTOR LIQUOR OPERATIONS MANAGER $3,735 $3,862 $3,989 $4,117 $4,244 $3,854 $3,985 $4,116 $4,248 $4,379 $3,978 $4,114 $4,250 $4,385 $4,521 $4,528 $4,682 $4,836 $4,991 $5,145 $4,587 $4,743 $4,899 $5,056 $5,212 $4,641 $4,799 $4,958 $5,116 $5,274 $4,716 $4,877 $5,037 $5,198 $5,359 $4,925 $5,093 $5,261 $5,429 $5,597 $5,313 $5,494 $5,675 $5,856 $6,037 $5,576 $5,766 $5,956 $6,146 $6,336 $5,664 $5,857 $6,050 $6,243 $6,436 $5,703 $5,898 $6,092 $6,287 $6,481 $5,731 $5,926 $6,121 $6,317 $6,512 $5,747 $5,943 $6,139 $6,335 $6,531 $6,008 $6,213 $6,417 $6,622 $6,827 $6,501 $6,722 $6,944 $7,165 $7,387 54 SCHEDULE A 2010 MONTHLY SALARY SCHEDULE EFFECTIVE JANUARY 1, 2010 Entry 6 Months 1 Year 2 Years 3 Years STORE SUPERVISOR $2,672 $2,763 $2,854 $2,945 $3,036 ASSISTANT LIQUOR $3,754 $3,882 $4,010 $4,138 $4,266 OPERATIONS MANAGER ACCOUNTING COORDINATOR IS TECHNICIAN SPECIAL PROJECTS COORDINATOR ADMINISTRATIVE ASST-PUB WORKS POLICE SUPPORT SERVICES SUPER. SENIOR CITIZENS COORDINATOR COMMUNITY DEVELOPMENT SPECIALIST CHILDREN'S LIBRARIAN ADULT SERVICES LIBRARIAN STORE MANAGER ACCOUNTANT VEHICLE MAINTENANCE SUPERVISOR BUILDING OFFICIAL PLANNER PUBLIC WORKS SUPERINTENDENT ASSISTANT CITY ENGINEER ASSISTANT COMMUNITY DEV DIRECTOR ASSISTANT FINANCE DIRECTOR RECREATION DIRECTOR IS DIRECTOR LIQUOR OPERATIONS MANAGER $3,846 $3,978 $4,109 $4,240 $4,371 $3,969 $4,104 $4,239 $4,375 $4,510 $4,098 $4,238 $4,378 $4,517 $4,657 $4,663 $4,822 $4,981 $5,140 $5,299 $4,724 $4,885 $5,046 $5,207 $5,368 $4,780 $4,943 $5,106 $5,269 $5,432 $4,858 $5,023 $5,189 $5,354 $5,520 $5,073 $5,246 $5,419 $5,592 $5,765 $5,472 $5,658 $5,845 $6,031 $6,218 $5,743 $5,939 $6,134 $6,330 $6,526 $5,834 $6,032 $6,231 $6,430 $6,629 $5,874 $6,074 $6,275 $6,475 $6,675 $5,902 $6,103 $6,305 $6,506 $6,707 $5,920 $6,122 $6,323 $6,525 $6,727 $6,188 $6,399 $6,610 $6,821 $7,032 $6,696 $6,924 $7,152 $7,381 $7,609 55 SCHEDULE A INSURANCE The EMPLOYER will contribute up to a maximum of six hundred and sixty-five dollars ($665) per month per full-time employee for calendar year 2008 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $665 per month, the difference may be used toward any other City-provided insurance benefit and/or a City sponsored deferred compensation program.. The EMPLOYER will contribute up to a maximum of seven hundred and five dollars ($705) per month per full- time employee for calendar year 2009 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $705 per month, the difference may be used toward any other City- provided insurance benefit and/or aCity-sponsored deferred compensation program. The EMPLOYER will contribute up to a maximum of seven hundred and forty-five ($745) per month per full- tilne employee for calendar year 2010 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $745 per month, the difference may be used toward any other City- provided insurance benefit and/or aCity-sponsored deferred compensation program. DEFERRED COMPENSATION As a form of additional compensation, the City will contribute $1 per full-time employee toward acity-sponsored deferred compensation program for every $1 contributed by such employee toward such city-sponsored deferred compensation program. Such employer contribution will not exceed $375 for calendar year 2008, $400 for calendar year 2009, and $425 for calendar year 2010. 56 CITY COUNCIL LETTER Meeting of: March 10. 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER`S N0: CITY MANAGER`S APPROVAL ~'° '" ITEI~1: ADOPTING 2008-2010 SALARY & FRINGE BY: LINDA L. iAGEE BY: ~,~ ~° BENEFIT ADJUSTMENT FOR NON-UNION DATE: 3-5-08 DATE: - ~/ ESSENTIAL AND CONFIDENTIAL EMPLOYEES N0: Attached is a resolution and schedule reflecting proposed salary and fringe benefit adjustments for non-union essential and confidential employees. The proposed changes are as follows: Wages• 2008: 3.Oo adjustment over 2007 2009: 3.5° adjustment over 2008 2010: 3.Oo adjustment over 2009 T n c~.~r-,nnn . 2008: $665 per month (2007 = $645 per month) 2009: $705 per month 2010: $745 per month Deferred Compensation: As a form of additional compensation, the City will contribute $1 per full-time employee toward a city-sponsored deferred compensation program for every $1 contributed by such employee toward such city-sponsored deferred compensation program. Such employer contribution will not exceed $525 for calendar year 2008 and $550 for calendar year 2009, and $575 for calendar year 2010. (2007= $500) Based on a re-evaluation under the Hay System of Job Evaluation, our current compensation plan, internal equity, and external comparability, the City Manager has included a revision in the salary range for the positions of Administrative Secretary and Assistant to the City Manager/Human Resources Director. Additionally, it is recommended that the position title of Administrative Secretary be changed to Administrative Assistant-Human Resources, to better reflect the duties and responsibilities of that position. The proposed salary ranges acid position title change are included in the attached salary schedules for 2008, 2009, and 2010. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-44, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized essential and confidential City positions for calendar years 2008, 2009, and 2010. COUNCIL ACTION: 57 RESOLUTION 2008-44 ADOPTING CHANGES IN NON-UNION ESSEN`l'IAL AND CONFIDENTIAL SALARY RANGES, ESTABLISHING SALARIES FOR NON-UNIONIZED ESSENTIAL AND CONFIDENTIAL POSITIONS, AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis changes will be adopted iii Group Salary Ranges based upon reliable survey data; and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88-50), to assure comparable compensation for positions with comparable skill, efforts, responsibilities, and work conditions, and proportional compensation for positions where such. factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs for its non-unionized essential and confidential employees to compare what is paid for other employee groups iu the City; NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes salary ranges and fringe benefits for non-unionized essential and confidential City positions, as indicated on Schedule B which is on file in the office of the City Manager and is attached, for calendar years 2008, 2009, and 2010; and BE IT FURTHER RESOLVED that movement through the salary range is contingent upon satisfactory performance of the employee. Passed this 10`'' day of March, 2008. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, CMC City Clerk 58 SCHEDULE B 2008 MONTHLY SALARY SCHEDULE Effective January 1, 2008 Payroll/Accounting Clerk Administrative Assistant-Human Resources City Cierk Assistant Fire Chief Police Captain Assistant to the City Manager/ Human Resources Director Payroll/Accounting Clerk Administrative Assistant-Human Resources City Clerk Assistant Fire Chief Police Captain Assistant to the City Manager/ Human Resources Director Payroll/Accounting Clerk Administrative Assistant-Human Resources City Clerk Assistant Fire Chief Police Captain Assistant to the City Manager/ Human Resources Director Entrv 6 Months 1 Year 2 Years 3 Years $3,325 $3,438 $3,551 $3,665 $3,778 $3,645 $3,769 $3,893 $4,018 $4,142 $3,844 $3,975 $4,106 $4,237 $4,368 $5,472 $5,658 $5,845 $6,031 $6,218 $5,870 $6,070 $6,270 $6,470 $6,670 $6,418 $6,637 $6,855 $7,074 $7,293 2009 MONTHLY SALARY SCHEDULE Effective January 1, 2009 Entrv 6 Months 1 Year 2 Years 3 Years $3,441 $3,558 $3,675 $3,793 $3,910 $3,773 $3,901 $4,030 $4,158 $4,287 $3,978 $4,114 $4,250 $4,385 $4,521 $5,664 $5,857 $6,050 $6,243 $6,436 $6,076 $6,283 $6,490 $6,697 $6,904 $6,642 $6,869 $7,095 $7,322 $7,548 2010 MONTHS Y SALARY SCHEDULE Effective January 1, 2010 Entrv 6 Months 1 Year 2 Years 3 Years $3,544 $3,665 $3,785 $3,906 $4,027 $3,886 $4,019 $4,151 $4,284 $4,416 $4,098 $4,238 $4,378 $4,517 $4,657 $5,834 $6,032 $6,231 $6,430 $6,629 $6,258 $6,471 $6,684 $6,898 $7,111 $6,841 $7,074 $7,308 $7,541 $7,774 59 SCHEDULE B INSURANCE The EMPLOYER will contribute up to a maximum of six hundred and sixty-five dollars ($665) per month per employee for calendar year 2008 for employee life insurance, group health insurance, and dental insurance. Should the cost of such. benefits be less than $665 per month, the difference tray be used toward any other City- provided insurance benefit and/or a City sponsored deferred compensation program. The EMPLOYER will contribute up to a maximum of seven hundred and five dollars ($705) per month per employee for calendar year 2009 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $705 per month, the difference may be used toward any other City provided insurance benefit and/or aCity-sponsored deferred compensation program. The EMPLOYER will contribute up to a maximum of seven hundred and forty-five ($745) per month per employee for calendar year 2010 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $745 per month, the difference may be used toward any other City- provided insurance benefit and/or aCity-sponsored deferred compensation program. DEFERRED COMPENSATION As a form of additional compensation, the City will contribute $1 per full-time employee toward acity-sponsored deferred compensation program for every $1 contributed by such employee toward such city-sponsored deferred compensation program. Such employer contribution will not exceed $525 for calendar year 2008 and $550 for calendar year 2009, and $575 for calendar year 2010. 60 CITY COUNCIL LETTER Meeting of: March 10, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ~ ITEM: "2008-2010 PMA MEMORANDUM OF BY: LINDA L. MAGEE ~ BY: •' ~ UNDERSTANDING DATE: 3-6-08 ~ DATE: ~~ ~ N0: The current Memorandum of Understanding between the City and the Public Managers' Association, representing Division Heads, terminated on Der.ember_ 31, 2007. Negotiations between the city's negotiating team and PMA have resulted in a mutually acceptable Memorandum of Understanding for calendar years 2008, 2009, and 2010. The proposed changes are as follows: Wages: 2008: 3o adjustment over 2007 2009: 3.5~ adjustment over 2008 2010: 3o adjustment over 2009. As a form of additional compensation, the EMPLOYER shall pay on a pro-rated monthly basis up to a maximum of $1,450 per year per employee for 2008 and $1,550 per year per employee for 2009, and $1,650 per year per employee for 2010. In lieu of the cash payment, the employee may choose to apply such amount toward a City-sponsored deferred compensation program on a dollar- for-dollar matching basis. (2007=$1,350) Insurance• 2008: $665 per month 2009: $705 per month 2010: $745 per month (2007 = $645 per month Severance Pay: Upon leaving employment in good standing, after proper notice (four weeks) earned and unused sick leave will be paid out as follows: During employment years 1-5: 200 During employment years 6-1G: 33% During employment years 11-19: 400 During employment years 20+: 500 (Currently: 33 1/3o earned and unused sick leave will be paid out) Vacation• Vacation leave may be accumulated up to two times an employee's annual earned vacation. (Currently: up to 1.5 times may be accumulated) Post Employment Health Care Savings Plan: Employees are eligible to participate in the Post Employment Health Care Savings Plan, on a mandatory basis, in accordance with IRS regulations. COUNCIL ACTION: 61 CITY COUNCIL LETTER Meeting of: March 10, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S N0: CITY MANAGER'S APPROVA:-' ITEM: 2008-2010 PMA MEMORANDUM OF BY: LINDA L. MAGEE -- BY: :'%' _ UNDERSTANDING DATE: 3-6-08 DATE: "~ NO: rage ~ oz ~ Based on a re-evaluation under the Hay System of Job Evaluation, our current compensation plan., internal equity, and external comparability, the City Manager has included a revision in the salary range for the position of Library Director. The proposed salary range is included in the attached salary schedule for 2008, 2009, and 2010. Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 2008, 2009, and 2010. Also attached is a copy of the new contract language, incorporating the changes. RECOMMENDED MOTION; Move to waive the reading of the resolution, there beinq ample copies a~.>ailable to tha piil~l i ~. RECOMMENDED MOTION: Move to adopt Resolution 2008-48 regarding the Memorandum of Understanding between the City of Columbia Heights and the Public Managers' Association, effective January 1, 2008 - December 31, 2010. COUNCIL ACTION: 62 RESOLUTION 2008-48 BEING A RESOLUTION REGARDING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF COLUMBIA tIEIGIiTS AND THE PUBLIC MANAGERS' ASSOCIATION BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between the Public Managers' Association, representing Division Heads of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable Memorandum of Understanding for calendar years 2008, 2009, and 2010; WHEREAS, a copy of said Memorandum of Understanding will be made available for inspection at the Office of the City Manager and is made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED, that the Memorandum of Understanding as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2008, 2009, and 2010 for the Public Managers' Association bargailing unit employees of the City. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this agreement. Passed this 10th day of March, 2008. Offered by: Seconded by: Rolt_ Ca11_: Gary L. Peterson, Mayor Patricia Muscovitz, CVM City Clerk 63 March 6, 2008 CITY OF COLUMBIA HEIGHTS PROPOSAL TO THE PUBLIC MANAGERS' ASSOCIATION 1. VACATION Vacation leave may not be accumulated to any amount greater than two times an employee's annual earned vacation. Vacation leave may be used upon satisfactory completion of the first six months of the probationary period. 2. INSURANCE The EMPLOYER will contribute a maximum of six hundred sixty-five dollars ($665) per month per employee for calendar year 2008 for employee life insurance, group health insurance, long term disability insurance, and dental insurance. Should the cost of such benefits be less than $665 per month, the difference may be used toward any other City-provided insurance benefit and/or City-sponsored deferred compensation program. The EMPLOYER contribution per month per employee for calendar year 2009 for employee life insurance, group health insurance, long term disability insurance, and dental insurance will be seven hundred and five ($705) dollars. Should the cost of such benefits be less than $705 per month for 2009, the difference may be used toward any other City-provided insurance benefit and/or City-sponsored deferred compensation program. The EMPLOYER contribution per month per employee for calendar year 2010 for employee life insurance, group health insurance, long teen disability insurance, and dental insurance will be seven hundred and forty-five ($745) dollars. Should the cost of such benefits be less than $745 per month for 2010, the difference may be used toward any other City-provided insurance benefit and/or City- sponsored deferred compensation program. 3. WAGES See Appendix A. As a form of additional compensation, the EMPLOYER shall pay on a pro-rated monthly basis up to a maximum of $1,450 per year per employee for 2008 and $1,550 per year per employee for 2009, and $1,650 per year per employee in 2010. In lieu of the cash payment, the employee may choose to apply such amount toward aCity-sponsored deferred compensation program on adollar-for-dollar matching basis. 4. SEVERANCE PAY Upon leaving City employment in good standing, after givuzg proper notice (four weeks), employees shall receive payment based on their most recent salary level for earned and unused sick leave based on the following schedule: During employment years 1-5: 20% During employment years 6-10: 33% During employment years 11-19: 40% During employment years 20+: 50% 64 March 6, 2008 5. POST EMPLOYMENT HEALTH CARE SAVINGS PLAN Employees are eligible to participate in the Post Employment Health Care Savings Plan on a mandatory basis, in accordance with IRS regulations. Employee contribution to such plan will be: 1. 100% of accrued, unused vacation pay at termination. 2. 100% of sick leave severance pay at ternzination. 3. 5% of salary for all employees hired into a Division Head position on or before 12/31/1990. 4. 1% of salary for all employees hired into a Division Head position on or after 1/1/1991. 6. DURATION This Memorandum of Understanding shall be effective as of January 1, 2008, unless otherwise noted, and shall remain in force and effect until December 31, 2010. This agreement shall continue in effect until a new agreement or contract supersedes it. 65 PMA APPENDIX A Effective January 1, 2008: STEP I STEP II STEP III STEP fV STEP V STEP VI STEP VII E~ITf?y 1 YEAR 3 YEAR 5 YEAR R VFAR U YEAR 1(1 YEAR 83% 85% 87% 91% 94% 97% 100% LIBRARY DIRECTOR $6,229 $6,379 $6,529 $6,830 $7,055 $7,280 $7,505 COMMUNITY DEV. DIRECTOR $6,565 $6,724 $6,882 $7,198 $7,435 $7,673 $7,910 FIRE CHIEF $6,565 $6,724 $6,882 $7,198 $7,435 $7,673 $7,910 POLICE CHIEF $6,955 $7,123 $7,291 $7,626 $7,877 $8,129 $8,380 FINANCE DIRECTOR $7,143 $7,315 $7,487 $7,831 $8,090 $8,348 $8,606 PUBLIC WORKS DIRECTOR $7,412 $7,591 $7,769 $8,126 $8,394 $8,662 $8,930 Movement through the schedule is continge nt upon satisfactory performance as adjudged by the EMPLOYER. Effective January 1.2009: STEP I STEP II STEP III STEP IV STEP V STEP VI STEP VII ENTRY 1 YEAR 3 YEAR 5 YEAR 8 YEAR 9 YEAR 10 YEAR 83% $5% 87% 91% 94% 97% 100% LIBRARY DIRECTOR $6,447 $6,603 $6,758 $7,669 $7,302 $7,535 $7,768 COMMUNITY DEV. DIRECTOR $6,795 $6,959 $7,123 $7,450 $7,696 $7,941 $8,187 FIRE CHIEF $6,795 $6,959 $7,123 $7,450 $7,696 $7,941 $8,187 POLICE CHIEF $7,199 $7,372 $7,546 $7,892 $8,153 $$,413 $8,673 FINANCE DIRECTOR $7,393 $7,571 $7,749 $8,105 $8,373 $8,640 $8,907 PUBLIC WORKS DIRECTOR $7,672 $7,857 $8,041 $8,411 $8,688 $8,966 $9,243 Movement through the schedule is continge nt upon sat isfactory performance as adjudged by the EMPLOYER. March 4, 2008 66 Effective January 1, 2010: STEP I STEP II STEP III STEP IV STEP V STEP VI STEP VII ENTRY 1 YEAR 3 YEAR 5 YEAR 8 YEAR 9 YEAR 10 YEAR 83% 85% 87% 91% 94% 97% 100% LIBRARY DIRECTOR $6,641 $6,801 $6,961 $7,281 $7,521 $7,761 $8,001 COMMUNITY DEV. DIRECTOR $6,999 $7,168 $7,337 $7,674 $7,927 $8,180 $8,433 FIRE CHIEF $6,999 $7,168 $7,337 $7,674 $7,927 $8,180 $8,433 POLICE CHIEF $7,414 $7,593 $7,772 $8,129 $8,397 $8,665 $8,933 F{NANCE DIRECTOR $7,614 $7,798 $7,981 $8,348 $8,624 $8,899 $9,174 PUBLIC WORKS DIRECTOR $7,902 $8,092 $8,282 $8,663 $8,949 $9,234 $9,520 Movement through the schedule is contingent upon satisfactory performance as adjudg ed by the EMPLOYER. March 4, 2008 67 CITY COUNCIL LETTER Meeting of March 10, 2008 AGENDA SECTION: Consent ORIGINATING CITY N O: DEPAicTIviENT: tviAly AGER' S CITY MANAGER'S APPROVAL ~, ITEM: Resolution 2008-49, Being a BY: Walt Fehst BY: '~ ~ , ,,~ . Resolution Regardnig the City DATE: March 5, 2008 DATE: Manager's Compensation NO: As iii previous years, the City Manager has received an adjustment in compensation consistent with that given the Public Managers' Association (PMA's). In order to continue this policy for the City Manager, the following pay adjustments would be granted:: Effective January I, 2008: 3% pay adjustment Effective January 1, 2009: 3.5% pay adjustment Effective January 1, 2010: 3% pay adjustment Effective January 1, 2008: $665 per month Employer contribution to insurances Effective January 1, 2009: $705 per month Employer contribution to insurances Effective January 1, 2010: $745 per month Employer contribution to insurances The attached resolution makes These changes io the City Manager's compensation. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2008-49, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-49, being a resolution regarding the City Manager's compensation. COUNCIL ACTION: 68 RESOLUTION NO. 2008-49 RESOLUTION REGARDING THE CITY MANAGER'S COMPENSATION WHEREAS, in previous years, the City Manager has received an adjustment in compensation consistent with that given to the management employees. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does hereby make the following modification to the City Manager's compensation, consistent with pay adjustments granted other management employees: Effective January 1, 2008: 3% pay adjustment Effective January 1, 2009: 3.5% pay adjustment Effective January 1, 2010: 3% pay adjustment Effective January 1, 2008: $665 per month Employer contribution to insurances Effective January 1, 2009: $705 per month Employer contribution to insurances Effective January 1, 2010: $745 per month Employer contribution. to insurances Passed this 10`'' day of March, 2008. (~_ffered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, CMC City Clerk 69 CITY COUNCIL LETTER MEETING OF: MARCH 10. 2008 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: ADMINISTRATION APPROV L ITE.Ivi: RE.SOLiTTION 2008-51 DECL.ARiNG THE BY: WALT FEHST BY: ' INTENT TO BOND FOR A PUBLIC ° . ~ ~ SAFETY BUILDING DATE: MARCH 5, 2008 NO: Background: Staff and consultants are completing plans and specifications for the construction of a public safety building. To provide adequate project funding, it is anticipated that banding will be utilized to cover project costs. Preliminary expenses for this project will be covered by an interfund loan. To keep the potential bonding alternative open, a resolution declaring the intent to bond should be approved by the City Council prior to incurring major project expenses. This has been a standard part of the process on previous construction projects. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-51, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-51, being a resolution approving the declaration for the official intent of the City of Columbia Heights to bond for expenses related to the construction of a public safety building. /sms 0803051 C011NCIL Attachment COUNCIL ACTION: ~o RESOLUTION NO. 2008-51 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO KEIMBURSE CERTAIN EXPENDITURES 1~ROM "I"HE PROCEI/DS OF BONDS '1`O BE ISSUED BY THE CITY WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of tax exempt bonds used to reimburse prior expenditures will 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 for the construction of a public safety building 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 $11,500,000. 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. Dates the 10`h day of March, 2008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz CMC City Clerk 71 CITY COUNCIL LETTER Meeting of: 3/10/0& AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS FOR 2008 SITE BY: K. Hansen LANDSCAPING FOR MUNICIPAL LIQUOR STORES AND DATE: 3/5/08 HUSET PARKWAY ROUNDABOUT CITY IYlANF1liEFC .. ~ ~~„~,° ~y BY: ~/~,~ DATE: Background: Landscape plans have been prepared for the two new municipal liquor stores and Huset Parkway Roundabout. Staffis proposing to bid these projects under one contract to obtain the lowest bids and to expedite their installation in 2008. The scope of work at the liquor stores includes site in-igation of the green space, planting specified trees, shnibs and perennials, installing edging and providing a landscape cover mulch. The scope of work for the Huset Parkway Roundabout is the same but does not include irrigation. The landscape work at the liquor stores was part of the overall site development but not included in the building construction contract. The additional work at the Huset Parkway Roundabout is intended. to provide additional screening from the industrial property to the east of the new residential development along Huset Parkway. Funding for each would be provided out of the respective construction project funds. RECOMMENDED MOTION: Move to authorize the advertisement ofpublic bids for 2008 Site Landscaping for Municipal Liquor Stores (2) and I Iuset Parkway Roundabout. KH:jb COUNCIL ACTION: 72 CITY COUNCIL LETTER Meeting of 3/10/08 AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY MANAGER DEPARTMENT: PUBLIC W ORriS t` r a ITEM: RESOLUTION SUPPORTING BY: K. Hansen BY:~- - APPLICATION OF A COST SHARING AGREEMENT(S~ FOR THE REPLACEMENT DATE: 3/5/07 , DATE: .~ ~'~ 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 Plamling ($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 million 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, community 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 currently developing a comprehensive bike and pedestrian mobility plan for the City. This plan will serve as the foundation in applying for future NTP grants and other federally funded grants for pedestrian related. improvements. A grant was applied for in 2007 but fmiding was awarded to Minneapolis and St. Paul projects, Funds are available again in 2008. Recommended Motion: Move to waive the reading of Resolution No. 2008-50, there being ample copies available to the public. Recoxn-nended Motion: Move to adopt Resolution No. 2008_50 support,ng request for infi-astP•~acture funding through the NTP Grant Program for the construction of a pedestrian bridge over Central Avenue (TH 65) at 49'x' Avenue. ICI-I: jb Attachment: Resolution 2008-50 COUNCIL ACTION: 73 RESOLUTION NO. 2008-50 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`h Avenue NE; WHEREAS, the improvements will benefit both the City of Columbia Heights, surroundi~lg communities and the Milmesota Department of Transportation; and WHEREAS, the City of Columbia Heights is committed to securing other federal, state, and local funding if the praject 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 preluninary 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. Passed this 10th day of March 2008 Offered by: Second by: Roil Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 74 CITY COUNCIL LETTER Meetuig of 3/10/08 .aC:EivDA SECTION: CONSENrI AGENDA NO: ITEM.: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH KIMLI?Y HORN FOR PROFESSIONAL SERVICES FOR THE TURN LANE DESIGN AT 50~ AND CENTRAL AVENUES ORIGINATING DF.PARTMEN'I': CITY MANAGER PUBLIC WORKS ;,~ BY: K.llansen BY: _ /~ DATE: 3/6/08 DATE: 8 ~ ;- Background: The new municipal liquor store located at the southwest intersection of 50`h Avenue and T1-165, or Central Avenue, will be completed and opened this March. Other contracted work to complete the site development this spring includes site irrigation and landscaping. Analysis /Conclusions: The municipal liquor store parking lot provides access on Central Avenue and on 50th Avenue. Both of these access points were placed as far from the intersection (TI 165) as practible. The 50`x' Avenue driveway access spacing from Central Avenue was limited due to the narrow lot depth, the existing alley and the necessity for stone water treatment at the lot corner with the alley. Additionally, the retail use to the north of 50th Avenue, which includes a gas station and restaurants, also impact the traffic at this intersection. For these reasons, staff strongly recommends the addition of a turn lane on the south side of 50°i Avenue to provide relief for right htrn movements and stacking. Staffrequested a proposal from Kimley Horn and Associates to provide the following services for the addition of a turn lane at this intersection: • Traffic Signal Analysis and report ($9,500) • Preliminary and Final design (19,000) • Construction plan preparation, and • Project bidding, (3,500) Kimley Horn was the site/civil engineer for both liquor stores and is familiar with the 50`h site. Because signal modifications are required, an analysis and signal report is required for MnDOT,approval. Project costs are estimated at $135,000 with funding provided from the Infrastructure Fund. Recommended Motion: Move to approve the Professional Services Agreement with Kimley Horn and Associates for engineering consultant services for the signal report, preliminary and final design and construction plans and bidding for the turn lane at 50`" and. Central Avenues in an amount not-to-exceed $32,000. KH:jb COUNCIL ACTION: 75 CITY COUNCIL LETTER Meeting of March 1(1. 2~(1R AGENDA SECTION: Consent ORIGINATING DEPARTMENT __ CITY MANAGER NO. POLICE APPROVAL: ITEM: Request Approval for T.a„di„g nfMN Ar,ny gy. Willia:r. J. Rod~ay py: " . - Nat'1 Guard Helicopter on 3/27/08 and 6/1 I/08 DATE: March 5, 2008 ~ DATE: `..~ ~,,.. BACKGROUND The Columbia Heights Recreation Department will be offering a Safety Camp for kids on Wednesday, June 11, 2008 from 9:30 a.m. to 3:35 p.m. As part ofthe programming, the Minnesota Air National Guard has been requested to present their Drug Safety Awareness Program for the Safety Camp. This will include the landing and take-off of a helicopter at Huset Park. As part of the Drug Resistance Education Program at Highland Elementary School, O$icer Erik Joluiston has also requested the Counter Drug Program presentation by the Minnesota Air National Guard on March 27, 2008. This presentation will also include the landing and take-off of a helicopter at Highland Elementary School between 10:00 a.m. and 11:00 a.m. To ensure safety of the program participants, Anoka County Dispatch will be informed of both events. At Huset Park on June 11, 2008, a perimeter will be created and secured by the Columbia Heights Police Department. The Fire Department will provide support in case of an emergency and. Public Works will ensure that the field is prepared for the landing of the helicopter. On March 27, 2008 at Highland Elementary School, employees of Ind. School Dist #13 will ensure the landing area is safe. A perimeter will. be created and secured by the Columbia Heights Police Department and the Fire Department will provide support in case of an emergency. RECOMMENDED MOTION: Move to approve the landing and take-off of a Minnesota Air National Guard helicopter during Safety Camp at Huset Park on Wednesday, June 11, 2008 from 1-2 p.m. and at Highland Elementary School, 1500 49"' Avenue on Thursday l:~arch 27, 2008 from 1000-1100 a.m. WJR:kao 08-48 COUNCIL ACTION: 76 CITY COUNCIL LETTER Meeti~ig of : 3/10/08 AGENllA SF,CTION: CONSENT AGENDA ORIGINATING DEPAR7'MF,NT' ~ CITY ['-1ANAGER NO: PUBLIC WORKS ITEM: INSTALLATION OF STOP SIGNS AT THE BY: K. Hansen BY: ,r`~''~ P~ IN'TERSECTION'S OF TYLER STREET AND DATE: 3/5/08 DATE. POLK STREET AT 39T}~ AVENUE "® r Background: At the February meeting of the Traffic Commission a request was made to install stop signs at the intersection of Tyler Streef and 39'~ Avenue. The concerns are speed of traffic, accidents at uncontrolled intersections and Tyler Street being used as a bypass for the traffic signal at 37"' Avenue and Central Avenue. There were nwnerous residents from the area present at that meeting. Analysis/Conclusions: A Public Hearing was held and a notice was published in the Focus newspaper and. notices were sent to neighboring residents. Visibility is a concern due to the slope and configuration of the streets. There have been 8 accidents at the intersection of Polk Street and 39`h Avenue and 4 accidents at the intersection of Tyler Street and 39`h Avenue between 2004 and 2007. Commission members agreed that additional signage such as yield signs would not be as effective a measure for controlling speed as stop signs. The Police Department concurred with the recommendation of stop signs at both Tyler Street and Polk Street. RECOMMENDED MOTION: Move to approve the installation of stop signs on Tyler Street and Polk Street at 39"' Avenue based on a recommendation of the Traffic Commission. KH:jb COUNCIL ACTION: 77 CITY COUNCIL LETTER Meeting of : 3/10/08 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT' CITY MANAGER. NO: PUBLIC WORKS .* .'. ITEM: AWARD OF 2008-2009 TREE REMOVAL BY: K. Hansen BY:~°-'' , PROGRAM DATE: 3/5/08 DATE: ~", / ~•`~; Background: On January 14, 2008, the City Council authorized staffto seek bids for the 2008/2009 Tree Removal Program. This is an ongoing program to remove diseased or hazardous trees throughout the City. To provide continuity, the contract covers atwo-year period; wit17 the current contract having expired December 3l, 2007. Analysis/Conclusions: The City advertised for formal bids for the 2008-2009 Removal of Trees, Trees and Stumps or Stumps only on Public and Private property contract. Specifications were sent to seven contractors. The City received two bids on the bid opening date of February 21, 2008. A copy of the Bid Opening Minutes is attached. The bid from Bluemel's Tree and Landscape, Inc. is $21.50 per inch diameter (tree and stump removal}. The 2006-2007 contract was $21.75 per inch diameter (tree and stump removal), and was held by Bluemel. Tree removal costs are paid out of Fund 101-46102. Based upon the bid received, Bluemel's Tree and Landscape, Inc. of Hudson, Wisconsin is the low, qualified, responsible bidder and staffis recommending award of the bid to this company. RECOMMENDED MOTION: Move to award the 2008-2009 Removal of Trees, Trees and Stumps or Stumps Only on Public and Private Property Contract to Bluernel's Tree and Landscape, Inc. of Hudson, Wisconsin, based upon their low, qualified, responsible total bid for tree and stump removal, tree removal only, or stump removal only; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. KI I:;b Attachment: Bid Opening Minutes COUNCIL ACTION: 78 CITY OF COLUMBIA HEIGHTS Minutes of Rid O»eni~~g on Tl~i~i-cday, Febr~iar~T 21, 2(108 2008-2009 Removal of Trees, Trees and Stumps or Stumps Only on Public and Private Property Pursuant to an advertisement for bids for the 2008-2009 Removal of Trees and Stumps, Trees Only or Stumps Only on Public and Private Property, an administrative meeting was held on Thursday, February 21, 2008, at 10:00 a.m. for the purpose of bid opening. Bids were opened and read aloud. The planholder's list at the time of bid opening was as follows: Reliable Tree Service Alps Tree Service Bluemel's Tree Service S & S Specialists Ideal Tree Service 4 Seasons Tree Care Attending the meeting were: Lauren McClanahan, Public Works Superintendent Joatu~e Baker, Public Works Secretary Bids were opened and read aloud as follows: Bidder Price Per Price Per Price Per TOTAL PRICE Tree and Tree Only Stump Only Stump Bluemel Tree Service $21.50 $19.50 $4.00 $89,580.00 S & S Specialists $42.08 $36.45 $6.04 $174,100.00 Respectfully submitted, Joamle Baker Public Works Secretary jb 79 CITY couNCIL LETTER Meetuig of: March 10, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department VAL APP RO ITEM: License Agenda BY: Shelley Hanson ~ / DATE: '~,f ~ `~ I NO: DATE: March 5, 2008 BY: '` ' e £ BACKGROUND/ANALYSIS Attached is the business license agenda for the March 10, 2008 City Council meeting. This agenda consists of applications for Contractor licenses for 2008. At the top of the license agenda you will notice a phrase stating *Signed Waiver Foi-~n Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain infoi-~nation caimot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for March 10, 2008 as presented. COUNCIL ACTION: ao TO CITY COUNCIL March 10, 2008 *Signed Waiver Form Accompanied Application 2008 BUSINESS LICENSE AGENDA BLDG CONTRACTORS LICENSES *Anderson Heating & AC Bruce Nelson Pl & Htg *Earth Wizards Inc. Janecky Plumbing * St Marie Sheet Metal *Metro Testing *Flow Master Inc 4347 Central Ave NE, Col. Hts. 1272 So. Pou1t Douglas Rd-St Paul 1071 Co. Hwy 10, Spr Lk Pk 720 Pontiac Pl, Mendota Hts PO Box 32148, Fridley 31222 Cedar Creek Rd, Hinckley 2248 Matterhorn Ln, St Paul *Arbor Design Tree Service PO Box 290298, Brk Center *Western Tree Service 23712 150"' St, Paynesville si $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: March 10 2008 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 124919 through 125103 in the amount of $ 939 857.73 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 82 ACS FINANCIAL SYSTEM CITS' OF COLUMBIA HEIGHTS 03/06/2008 13:03:00 Check History GL050S-V06.74 COVERPAGE GL540R *~,t**i~********;F;F*********;F** **;F **;F*:F~k:F~k******:F *:Fi:ic**i;******i; *:t i:*:F*:F******:t is***** * *** 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 :F :F*ic**i; **:t**** *** *** :t****:F :F ******** *i; *****~k *****~h* *:t**:F :F**:F*'k ******* Report Selection: Optional Report Title.......03/10/2008 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. thru Source Codes ................ thru Journal Entry Dates......... thru Journal Entry Ids........... thru Check Number ................ 124919 thru 125103 Project ..................... thru Vendor ...................... thru Invoice ..................... thru Purchase Order .............. thru Bank ........................ thru Voucher .................... thru Released Date ............... thru Cleared Date ................ thru Include Exp/Rev Closing Entries N thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL Ol P4 Y S 6 066 10 Y Y 83 ACS FINANCIAL SYSTEM 03/06/2008 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 1 03/10/2008 COUNCIL LISTING CHECK NUMBER AMOUN'P AARP :L24919 160.00 AMERICAN BOTTLING COMPAN :L24920 781.11 CAPITOL BEVERAGE SALES L :L24921 35,077.80 CHISAGO LAKES DISTRIBUTI :L24922 8,663.84 CITY OF COLUMBIA HEIGHTS :L24923 145,814.21 CITY WIDE WINDOW SERVICE :L24924 40.47 COCA-COLA BOTTLING MIDWE :L24925 928.50 COPELAND BUILDING CORP :124926 404,926.03 COSTELLO/TOM L24927 70.74 DANIMAL DISTRIBUTING INC 124928 443.66 DEX MEDIA EAST LLC :L24929 332.55 EXTREME BEVERAGE :L24930 1,440.00 FARNER-BOCKEN :L24931 15,396.78 G & K SERVICES INC 124932 212.82 GRAPE BEGINNINGS INC :124933 525.65 GRIGGS-COOPER & CO :124934 20,581.88 HOHENSTEINS INC :124935 2,746.50 IDEARC MEDIA CORP 124936 71.25 INTEGRA TELECOM INC :124937 165.52 JJ TAYLOR DIST OF MN :124938 42,.736.71 JOHNSON BROS. LIQUOR CO. :124939 17,.706.19 JOHNSTON/ERIK :124940 67.48 KRUSE,NANCY 124941 68.00 MAC QUEEN EQUIPMENT CO. 124942 150.00 MARK VII DIST. 124943 18,981.61 MEDICINE LAKE TOURS 124944 1,554.00 MN LAW ENFORCEMENT EXPLO :124945 1,440.00 MOELLER/KAREN 124946 58.33 NEEDHAM DISTRIBUTING CO 124947 430.00 NORTHEAST BANK L24948 9 875.00 NSC - IAAP L24949 60.00 OFFICE DEPOT :124950 45.08 OLSON/KAREN :124951 43.03 PAUSTIS & SONS WINE COMP 124952 808.00 PETTY CASH - KAREN MOELL 124953 143.42 PHILLIPS WINE & SPIRITS 124954 5,382.15 POPA/SANDY 124955 20.95 QUALITY WINE & SPIRITS 124956 30,392.75 RICOH AMERICAS CORPORATI 124957 27.00 SCOTT/LARRY 124958 1,102.20 SHAMROCK GROUP-ACE ICE 124959 491.19 SINN/GREG 124960 34.24 UNIVERSITY OF MINNESOTA 124961 660.00 USA MOBILITY WIRELESS IN 124962 95.85 VINOCOPIA INC 124963 860.00 WINE MERCHANTS 124964 265.42 ASPEN MILLS, INC. 124965 980.77 84 ACS FINANCIAL SYSTEM 03/06/2008 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 03/10/2008 COUNCII:,:LISTING CHECK NUMBER AMOUNT CAPITOL BEVERAGE SALES L 1'24966 17,108.14 CHISAGO LAKES DISTRIBUTI 124967 5,570.43 COSTELLO/TOM 124968 95.67 DAKOTA COUNTY RECEIVING 1:24969 67.00 DANIMAL DISTRIBUTING TNC 1:24970 265.64 DEX MEDIA EAST LLC 124971 71.10 FOSTER/MARLETT 124972 52.00 GENUINE PARTS/NAPA AUTO 124973 626.52 GRAND RIOS WATER PARK RE 1'24974 366.91 GRIGGS-COOPER & CO 1'?4975 7,219.74 HOHENSTEINS INC 124976 2,629.90 JJ TAYLOR DIST OF MN 124977 8,006.55 KROLL/LORRAINE 124978 42.00 LARKIN/JOHN 124979 34.29 MARSHALL CONCRETE PRODUC 124980 2,582.86 METRO EMERGENCY MANAGER' 124981 60.00 MGIC 124982 37.00 MN POLLUTION CONTROL AGE 124983 2,100.00 MOELLER/KAREN 1'?4984 95.66 NORTH MEMORIAL EMS EDUCA 1:24985 1,161.00 OLSON/KAREPS 124986 90.00 PETTY CASH - KAREN MOELL 1.?4987 98.25 PITNEY BOWES LOUISVILLE 1'24988 728.38 RABINOVITZ/RONALD 124989 300.00 SHAMROCK GROUP-ACE ICE 1:?4990 66.41 SPRINT INC 124991 83.40 STREICHER'S GUN'S INC/DO 124992 982.95 TWIN CITIES TRANSPORT & 124993 159.85 U.S. BANK 124994 1,725.00 VERIZON WIP.ELESS 1<?4995 215.07 WELLS FARGO BANK 124996 9,598.91 XCEL ENERGY (N S P) 124997 4,449.84 YOUNG AUDIENCES OF MINNE 124998 431.94 AAA AWARDS 124999 19.10 ACE HARDWARE 125000 19.13 ADVANCED GRAPHICS SYSTEM 1<?5001 148.99 AER TECH, INC 125002 170.10 AMERIPRIDE INC 125003 76.43 ANCOM COMMUNICATIONS INC 125004 12.50 ANOKA COUNTY LIBRARY 125005 246.73 ASPEN MILLS, INC. 125006 560.40 ATLAS AUTO BODY, INC 125007 1,000.00 BAKER & TAYLOR 125008 4,445.49 BATTERIES PLUS - 028 125009 249.98 BKV GROUP INC 125010 60.89 BONESTROO 125011 1,407.00 BOUND TREE MEDICAL LLC 125012 430.73 85 ACS FINANCIAL SYSTEM 03/06/2008 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 03/10/2008 COUNCIL LISTING CHECK NUMBER AMOUNT BOYER TRUCK PARTS 7.25013 73.24 BRADLEY & GUZZETTA LLC 125014 1,110.00 BRAUN INTERTEC CORD 125015 404.00 BRODART 125016 42.31 BUSINESS JOURNAL/THE 125017 92.00 CAMDEN PET IiOSPITAL, INC 125018 501.79 CCH INCORPORATED 125019 19.70 CCP INDUSTRIES 125020 363.25 CIMLINE INC '125021 24.00 CINTAS FIRST AID-SAFETY 125022 420.03 CLARK PRODUCTS INC 125023 665.69 COL HGTS FIREFIGHTERS AS :L25024 243.73 COLE INFORMATION SERVICE 125025 358.95 COLUMBIA HEIGHTS POST 23 125026 648.80 COLUMBIA HEIGHTS RENTAL "125027 19.00 COMMERCIAL POOL-SPA SUPP :125028 687.00 DEMCO MEDIA :125029 135.50 DISCOUNT STEEL INC 125030 30.00 DOCUMENT DESTRUCTION SVC :125031 250.00 DU ALL SERVICE CONTRALTO 125032 1,.200.57 ELAN OIL COMPANY :125033 10,657.07 EHLERS & ASSOCIATES INC 125034 231.25 ELERT & ASSOCIATES :125035 337.50 EMBROIDERY & MORE 125036 187.74 EMERGENCY AUTOMOTIVE TEC 125037 63.31 FIRST NATIONAL INSURANCE :125038 1,000.00 FLEX COMPENSATION, INC 125039 189.00 G & K SERVICES INC 125040 638.07 GENERAL PARTS LLC 125041 35.99 GENUINE PARTS/NAPA AUTO 125042 406.27 GREEN LIGHTS RECYCLING I 125043 178.77 HD SUPPLY WATER WORKS 125044 2,220.32 HEIGHTS ELECTRIC INC. 125045 672.00 HILLTOP TRAILER SALES IN 125046 61.99 HOME DEPOT #2802 125047 14.88 HOTSY EQUIPMENT OF MINK 125048 658.40 ICMA MEMBERSHIP RENEWALS 125049 972.67 J H CARSON ELECTRIC COMP 125050 30.02 KEEP INC/THE 125051 80.02 KEN KEE SERVICES INC 125052 283.00 KENNEDY & GRAVEN 125053 2,036.00 LIBRARY JOURNAL 125054 125.50 MAYO CLINIC HEALTH LETTE 125055 24.00 MENARDS CASHWAY LUMBER-F 125056 647.69 MIDWAY FORD 125057 53.44 MINNEAPOLIS SAW CO INC 125058 35.94 MINNESOTA DEPARTMENT OF 125059 10,134.00 86 ACS FINANCIAL SYSTEM 03/06/2008 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 03/10/2008 COUNCIL LISTING CHECK NUMBER AMOUNT MINNESOTA SOCIETY OF CPA 125060 190.00 MINNESOTA STATE FIRE DEP 125061 360.00 MINVALCO INC 125062 168.96 MN FIRE AGENCIES PURCHAS 125063 35.00 N.S.R.M.A.A. 125064 150.00 NANCY'S NIFTY THRIFTY BO 125065 77.52 NORTH AMERICAN SALT CO 125066 1,220.02 NORTHERN SANITARY SUPPLY 125067 11.98 OFFICE DEPOT 125068 192.90 ONE-CALL CONCEPT-GOPHER 125069 214.25 ORKIN INC 125070 65.65 PAPCO 125071 230.47 PEPSI-COLA-7 UP 125072 247.50 PLANT & FLANGED EQUIP CO 125073 110.76 PROSOURCE TECHNOLOGIES I 125074 35,471.48 QUICKSILVER. EXPRESS LOUR 125075 31.15 RADIO SHACK 125076 8.50 RAMSEY COUNTY 125077 268.28 RANDOM HOUSE, INC 125078 110.50 ROYAL TIRE 125079 38.13 RYDBERG/SCOTT 125080 45.00 S & T OFFICE PRODUCTS IN 125081 240.11 SAFETY MEETING OUTLINES 125082 74.50 SERVICE LIGHTING 125083 55.75 SHERWIN WILLIAMS 125084 421.44 SIMCO DRILLING EQUIPMENT 125085 907.40 SPORTS TURF MANAGERS ASS 125086 145.00 STAR TRIBUNE 125087 344.40 SUBURBAN UTILITIES SUPTS 125088 100.00 SUN PUBLICATION INC 125089 282.17 T-MOBILE INC 125090 198.17 TASER INTERNATIONAL 125091 95.00 THOMSON GALE 125092 149.04 TOUSLEY FORD 125093 51.92 UNITED RENTALS 125094 336.58 UNPLUGGED CITIES LLC 125095 820.00 UPSTART- DIVISION OF HIG 125096 39.95 VER-TECH INC 125097 146.14 VERIZON WIRELESS 125098 131.25 WW GRAINGER,INC 125099 844.44 XCEL ENERGY (N S P) 125100 163.51 YOUNG/KATHY 125101 191.68 ZIEGLER INC 125102 428.77 3M 125103 6,349.50 939,857.73 *** 87 ACS FINANCIAL SYSTEM 03/06/2008 13 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History c:,L540R-V06.74 PAGE 5 03/10/2008 COUNCIL LISTING CHECK NUMBER AMOUNT 939,857.73 RECORDS PRINTED - 000882 88 ACS FINANCIAL SYSTEM 03/06/2008 13:03:02 Check History FUND RECAP: FUND ---- DESCRIPTION ----------------------------- DISBURSEMENTS 101 GENERAL 24,917.60 201 COMMUNITY DEVELOPMENT FUND 3,560.76 202 ANOKA COUNTY CDBG 29,838.22 212 STATE AID MAINTENANCE 268.28 225 CABLE TELEVISION 1,447.50 240 LIBRARY 7,471.80 261 TWENTY-FIRST CENTURY PROGRAM 798.85 270 DARE PROJECT 101.72 340 GO IMPROV/REV BONDS 2006A 143.75 350 GO TI REFUNDING BONDS 2004A 9,875.00 385 MULTI-USE REDEVELOPMENT PLAN 115.62 387 G.O. IMPROVEMENT BOND 1999A 431.25 388 G O IMPROVE/REV BONDS 2003A 143.75 389 R8:TRANSITION BLK REDEVELOP 115.63 415 CAPITAL IMPRVMT - PIR PROD 1,344.57 418 COMMUNITY CTR CAPITAL BLDG 60.89 420 CAP IMPROVEMENT-DEVELOPMENT 9,121.26 436 CAPITAL EQUIP REPLACE-LIQUOR 408,821.50 601 WATER UTILITY 10,865.06 602 SEWER UTILITY 358.35 603 REFUSE FUND 191.04 604 STORM SEWER UTILITY 19.43 609 LIQUOR 251,229.83 631 WATER FUND DEBT SERVICE 431.25 632 SEWER FUND DEBT SERVICE 143.75 634 STORM SEWER DEBT SERVICE 431.25 701 CENTRAL GARAGE 21,561.70 720 DATA PROCESSING 1,599.75 875 FISCAL AGENCY: GIS RANGER 6,349.50 881 CONTRIBUTED PROJECTS-REC 95.66 884 INSURANCE 2,000.00 885 PAYROLL FUND 145,814.21 887 FLEX BENEFIT FUND 189.00 TOTAL ALL FUNDS 939,857.73 BANK RECAP: BANK NAME DISBURSEMENTS ---- ---------------------------- BANK CHECKING ACCOUNT 939,857.73 CITY OF COLUMBIA HEIGHT'S GL060S~-V06.74 RECAPPAC>E GL540R 89 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHT'S 03/06/2008 13:03:02 Check History GL060S-V06.74 RECAPPAC>E GL540R FUND RECAP: FUND DESCRIPTION TOTAL ALL BANKS DISBURSEMENTS 939,857.73 90 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: March 10, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Approval of a Conditional Use Peia~ut for BY: Jeff Sargent, City Planner BY: '~ ~ ~`" g ~ outdoor sales /display at 3939 Central DATE: March 6, 2008 ° ~ ~ ~' Avenue. BACKGROUND: At this time, Tom Frattallone d/b/a Frattallone's Ace Hardware is requesting a Conditional Use Permit (CUP} to allow fora 5,500 square foot garden center, in conjunction with the construction of a new 14,500 square foot hardware store located at 3939 Central Avenue. The garden center requires a CUP because it is considered an outdoor sales area. The Comprehensive Plan designates the property as commercial use. The proposal is consistent with the intent of the City's Comprehensive Plan to promote business and enhance the city's economic vitality through redevelopment efforts. Mr. Frattallone is a current business owner in the City of Columbia Heights, with a store located at 2261- 37`h Avenue NE. He has chosen to relocate to 3939 Central Avenue in order to be closer to the downtown business core, to stay in the City of Columbia Heights, and to have the opportunity of owning the building iii which he conducts lus business. RECOMMENDATION: The Burger King site has been a redevelopment priority for the City of Columbia Heights and Mr. Frattallone has been a promilent business owner in the city for quite some time. The proposed plans for the construction of a hardware store meet all zoniig and design guideline requirements, and the garden center will be an unobtrusive service to the public. For these reasons, staffrecorrnnends approval ofthe Conditional Use Pei-nut far outdoor sales/display as well as approval. of the site plan for 3939 Central Avenue. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-52, there being ample copies available to the public. Move to adopt Resolution No. 2008-52, approving a Conditional Use Permit for an outdoor sales/display establishment located at 3939 Central Avenue, subject to the conditions outlined in Resolution No. 2008-52. f~CICIG~lY)1~'TiPS: RESGIL11i077 ~~~~-.52; ~-~'L MG'if20; i.OCLIl10~ 1'/It`]ji, ~`5~11`E ~~Cti$, ~2tZ1C9111,~ ~r2VQtlOT2S COUNCIL ACTION: 91 RESOLUTION No. zao~-5z RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR T OPvi FRA T T ALOi~E `vVi T HiivT THE CiT i OF ~°_..OLJ"~aDiiA HEiGH T S, iil:7i`~ESOTA WHEREAS, a proposal (Case #2008-0302) has been subnutted by Tom Frattallone to the City Council requesting a conditional use pei-init from the City of Columbia Heights at the following site: ADDRESS: 3939 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (F)(3)(d), to allow outdoor sales/display. WHEREAS, the Planning Conulussion has held a public hearing as required by the city Zoning Code on March 5, 2008; WHEREAS, the City Council has considered the advice and reconiinendations of the Planning Commission regarduig the effect of the proposed conditional use pernut 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 Plannng Conunission: 1. The use is one of the conditional uses listed for the zoning district ii which the property is located, or is a substantially similar use as deternzined by the Zonng Adnunistrator. 2. The use is ii harniony 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 imrriediate vicinity. 5. The use will be designed, constructed, operated and maintained ii a manner that is compatible with the appearance of the existing ar intended character of the sui-roundilg 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 92 Kesolution No. 2008-51 Yage G streets and to provide for appropriate on-site circulation of traffic. 8. T he use will not cause a negative curnuiative etiect, when considered i11 conjunciiun with the cumulative effect of other uses ill the immediate vicinity. 9. The use complies with all other applicable regulations for the district ul which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other uiformation shall become part of this permit and approval; and i~~ 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 calef~daf- yea~• after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The outdoor sales/display use shall be accessary to a conunercial use. 2. All outdoor sales/display areas shall meet the setback. requirements for a principal structure ul the zoning district in which it is located. 3. Outdoor sales/display areas within the public right-of--way are prohibited. 4. All goods shall be displayed us a designated area that is hard surfaced. 5. All goods shall be displayed i11 an orderly fashion, with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from. adjacent residential properties. Passed. this _ day of March 2008 O~ red by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: 93 Resolution No. 2008-52 Patricia Muscovitz, CMC City Clerk Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlvled above. Tam Frattallone Date 94 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0302 DATE: March 5, 2008 TO: Columbia Heights Planning Commission APPLICANT: Frattallone's Ace Hardware LOCATION: 3939 Central Avenue REQUEST: Conditional Use Permit Outdoor Sales, Site Plan Approval PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Tom Frattallone d/b/a Frattallone's Ace Hardware is requesting a Site Plan approval for the construction of a new 14,500 square foot hardware store located at 3939 Central Avenue. The applicant is also requesting a Conditional Use Permit (CUP) to allow fora 5,500 square foot garden center attached to the back of the building. The garden center requires a CUP because it is considered an outdoor sales area. 3939 Central Avenue is the old Burger King site that the City bought for future redevelopment. A Phase I and II environmental study was conducted on the property to determine the extent of the contaminated soils in the land. Results of the study indicated that the property sits on a residential construction waste dump, and would require soil corrections in order for the land to be developed. Through extensive V'JOrk with ProSource (an environmental consultant firm), as well as the Minnesota Pollution Control Agency (MPCA), it was determined that a bio-composite barrier could be placed over the entire property to essentially cap the waste material and provide an acceptable barrier between the waste material and the new construction on the site. This has proven to be the most cost-friendly method of construction, as hauling the waste material from the property would make the project cost prohibitive. Mr. Frattallone is a current business owner in the City of Columbia Heights, with a stare located at 2261 - 37t~' Avenue NE. Fie has chosen to relocate to 3939 Central Avenue in order to be closer to the downtown business core, to stay in the City of Columbia Heights, and to have the opportunity of owning the building in which he conducts his business. City of Columbia Heights Planning Commission March S, 2008 Frattallone's CUP, Site Plan Approval Case # 2008-0302 COMPREHENSIVE PLAN The Comprehensive Plan designates the property as commercial use. The proposal is consistent with the intent of the City's Comprehensive Plan to promote business and enhance the city's economic vitality through redevelopment efforts. ZON{NG ORDINANCE The property located at 3939 Central Avenue NE is zoned CBD, Gentral Business District, as are the properties to the north, west and south. The property to the east is zoned R-3, Multiple Family Residential. The Zoning Code at Section 9.110 (F}(3)(d} allows for outdoor sales as a Conditional Use in the CBD. The Specific Development Standards at Section 9.107 (29) state the criteria in which the outdoor storage shall be used. These standards state the following: a) The outdoor sales/display use shall be accessory to a commercial use. The outdoor sales will be accessory to the hardware store use, which is permitted in the CBD, Central Business District. b) All outdoor safes/display areas shall meet the setback requirements for a principal structure in the zoning district in which it is located. The setback requirements in the CBD, Central Business District are as follows: Front Yard: none Side Yard: none Rear Yard: 10 feet The proposed Garden Center v~ril/ be located 10 feet from the northern side lot lll7e, %G feet frofn the southern side lot lisle and 3b feet from the rear ivt ilire, meeting the city's minimum requirements. c) Outdoor sales/display areas within the public right-of-way are prohibited. The applicant will confine all outdoor sales/displays to the Garden Center located to the rear of the property and away from any public rights-of--way. d} A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights-of-way. The proposed outdoor sales/display area will be located behind the principal structure at a distance of approximately 140 feet from the Central Avenue right- of-way. For this reason, a landscape buffer zone will be unnecessary. Page 2 96 City of Columbia Heights Planning Commission March 5, 2008 Frattallone's CUP, Site Plan Approval Case # 2408-0302 e) All goods shall be displayed in a designated area that is hard surfaced. The proposed Garden Center will be hard surfaced and located within a confined, fenced-in space behind the principal structure. f) All goods shall be displayed in an orderly fashion, with access aisles provided as needed. The applicant has stated that it is to his benefit to display the goods in an orderly fashion. This conditian will be added as a condition of approval for the CUP. g) Music or amplified sounds shall not be audible from adjacent residential properties. The applicant stated that the volume on all sound systems would be controlled to ensure that the produced noise would not be audible from the adjacent residentially zoned property. This will be added as a condition of approval for the CUP. h) The outdoor sales/display area shall not reduce the amount of off-street parking provided on-site below the level required for the principal use. The property is located in the CBD, Central Business District, which does not require off-street parking. i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. The Garden Center will be enclosed with asix-foot high wrought iron fence with 2'x2' suppo~-t columns. This will provide an adequate buffer bettiveen the outdoor sales/display are and adjacent properties. BUILDING CONSTRUCTION. Because of the nature of the property and the soil conditions, the entire building, along with all other structures on site, will be built on pilings. In total, the applicants will be using 125 pilings to support the structure. PARKING. The property is located in the CBD, Central Business District. The CBD does not require an off-street parking for any businesses. Although this is the case, the applicant is proposing 34 on-site parking spaces, sized to meet the city's minimum parking space requirement of 9'x18'. LANDSCAPING. The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street frontage or fraction thereof. Parking areas shall have a minimum of 100 square feet of landscape area and one over-story tree for each 20 Page 3 97 City of Columbia Heights Planning Commission March 5, 2008 Frattallone's CUP, Site Plan Approval Case # 2008-0302 spaces or fraction thereof as well. 3939 Central Avenue has 180 feet of street frontage, and is utilizing 34 parking spaces. This requires six trees, two of which shall be over- story trees, and 17u square feet of landscape area. The proposed plans indicate a total of eight Linden Trees, all of which are over-story trees, and approximately 3,260 square feet of landscaped area, meeting the City's minimum requirements in both regards. STORMWATER MANAGEMENT. As stated previously, the property at 3939 Central Avenue is contaminated with construction debris and needs to be controlled prior to any construction. As directed by the MPCA, the developers will incorporate atwo-foot thick layer of gea-composite lining, creating an acceptable buffer zone between the new building and the waste material, and effectively capping the property. By capping the site, the MPCA has also determined that stormwater management in the form of ponding would not be acceptable, as the protective barrier cannot be penetrated in any way. For this reason, the developer's only other option is to pond the storm water on the roof of the building and control the rate of runoff into the City's storm sewer drains through a water retention method. DESfGN GUIDELINES The property at 3939 Central Avenue is also located in the Design Overlay Central Business District and is subject to a set of specific development standards as outlined in the Design Guidelines. Some of the following areas of interest are as follows: BUILDING PLACEMENT. Buildings shall meet the established facade line on the block where they are 6ocated, in most eases at or very near the front lot Gne. The proposed building will be placed 10 feet from the front lot line in order to incorporate landscaping between the building and the sidewalk. PRIMARY FACADES. Buildings should have swell-defined base, middle and top. The base, or ground floor should appear visually distinct from the upper stories. The proposed structure is a one-story building designed to have the appearance ot` a two- story structure. The ground floor incorporates a row of windows with a change in building material on the upper portion of the building to give the impression of a second story. Brick columns will span the height of the building, ending at the bottom of an ornate cornice topping the entire front and a portion of the side facades. BUILDING HEIGHT. All buildings shall have a minimum cornice height of 22 feet. With the grade change on the property, the majority of the building will be in excess of 22 feet, with the southwestern corner at 21'$". Because the majority of the building meets the 22-foot height requirement, the building height will be considered acceptable. BUILDING MATERIALS. The building will incorporate rock face block, brick and EIFS, which are all acceptable building materials for the district in which the building is located. Page 4 98 City or Columbia Heights Manning Commission March 5, 2008 Frattallone's CUP, Site Plan Approval Case # 2008-0302 FINDINGS OF FACT (Conditional Use Permit} Section 9.104 (H) of the Zoning Ordinance outlines nine findings of fact that must be met in order for the City to grant a conditional use permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Outdoor sales/display is specifically listed as a Conditional Use in the CBD, Central Business District in the City of Columbia Heights. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan designates the property as commercial use. The proposal is consistent with the intent of the City's Comprehensive Plan to promote business and enhance the city's economic vitality through redevelopment efforts. (c) The use will not impose hazards or disturbing influences on neighboring properties. The outdoor sales area is located on the back of the building and will be enclosed with an ornamental wrought iron fence with brick columns. The activity conducted in the Garden Center will not impose hazards on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The required setbacks for outdoor sales area for the proposed CUP would help ensure that the uses of properties in the immediate vicinity would not be diminished in any capacity. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The outdoor sales area is located on the back of the building and will be enclosed with an ornamental wrought iron fence with brick columns. It is intended that the Garden Center will be operated and maintained in a manner compatible with the appearance of the surrounding area. Page 5 99 City of Columbia Heights Planning Commission March 5, 2008 Frattallone's CUP, Site Plan Approval Case # 2008-0302 (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 3939 Central Avenue NE meets this criterion. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The Site Plan indicates adequate parking stall dimensions and drive aisle widths. This will ensure appropriate on-site circulation of traffic. MnDOT has received and reviewed the site plan and has indicated no concerns regarding increased traffic due to the proposed Garden Center use. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. Being that outdoor sales/display is allowed in the Central Business District with a CUP, it is assumed that there would be no negative cumulative effect of the proposed use on other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. The use complies with all other applicable regulation for the CBD zoning district. FINDINGS OF FACT (Site Plan Approval) Section 9.104 (M) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows; a) The site plan conforms to all applicable requirements of this article. The site plan meets all setback, building density, parking and Design Guidelines criteria pertaining to the Zoning Code. b) The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The City's Comprehensive Plan guides this area for commercial use. The proposed hardware store is an acceptable use in the zoning district it is located, thus consistent with the Comprehensive Plan. c) The site plan is consistent with any applicable area plan. Page 6 100 City of Columbia Heights Planning Commission March 5, 2008 Frattallone's CUP, Site Plan Approval Case # 2008-0302 There is no area plan for this portion of the city. d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed site plan meets all applicable setback requirements and zoning provisions. For this reason, there will be no adverse impacts on property in the immediate vicinity or the public right-of--way. RECOMMENDATION The Burger King site has been a redevelopment priority for the City of Columbia Heights and Mr. Frattallone has been a prominent business owner in the city for quite some time. The proposed plans for the construction of a hardware store meet all zoning and design guideline requirements, and the garden center will be an unobtrusive service to the public. For these reasons, staff recommends approval of the Conditional Use Permit for outdoor sales/display as well as approval of the site plan for 3939 Central Avenue. Motions: Move to waive the reading of Resolution No. 2008-PZ03, there being ample copies available to the public. Move to adopt Resolution No. 2008-PZ03, being a resolution approving a site plan, for a hardware store and garden center located at 3939 Central Avenue. Motion: That the Planning Commission recommends that the City Council approve the Conditional Use Permit for an outdoor sales/display area for the Frattalone's Ace Hardware Store located at 3939 Central Avenue, subject to certain conditions of 1 ~ f try c• ai fn n 4n ~ ® ~ hs~ i D ® a d ® s Ire approval ghat have been ~cund w be necessary ~~ pr~.t~,.,t ~h~ pu.,,~c ,nt.,r..st n n !. compliance with the provisions of the Zoning and Development Ordinance, including: 1. The outdoor sales/display use shall be accessory to a commercial use. 2. All outdoor sales/display areas shall meet the setback requirements for a principal structure in the zoning district in which it is located. 3. Qutdoor salesldisplay areas within the public right-of-way are prohibited. 4. All goods shall be displayed in a designated area that is hard surfaced. 5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. Page 7 101 City of Columbia Heights Planning Commission March 5, 2008 Frattallone's CUP, Site Plan Approval Case # 2008-0302 6. Music or amplified sounds shall not be audible from adjacent residential properties. ATTACHMENTS ^ Draft Resolution ^ Location Map ^ Site Plan ^ Building Elevations Page 8 102 3939 Central Rvenue 4041 4040 4040 °' '~ ~ J, ro , `'~',' ' r . 4001 /',~, %rr' fr' , f'ri' 4030 4032 'r+ N 4030 ~';~ .~",rr,~;~rr,f//, , , ", , , ,, ;, °v 4024 ',~;" /r' %` "',''' ;f/r ' 4026 4022 Z LLl 4020 / ~ / % 1 ''," ! t ~', " ~"~'f/ %'",`,''~,~.', ~ / / '/ " 9 ~ z 4018 ~ " ,~ r r ,~~ /r, 65 t , y. ~ //~, , " . ~ ~ 4012 = 4016 ` , ', r, t,,^!''`i;,';tY; ,%' U 831 843 z 4000 i '/f;, r ~l '/~',:' r ~~ ~~f ~rf / / ~, ,~ ~ ~ 40TH AV 82O 838 ~ N M 848 o co o N ~~~~OO O OO O O O~ ~ °O 0O 3982 3982 r 950 ~ ~ ~ ~ ~ 3975 3976 900 3970 3989 m o o ~,., o ~ ~ ~O" N N i M o 1 3970 3973 3968 tO f° ''O ~"' o 0 0 0 0 0 0 0 ~ as rnw rn r-r ~ ~- r ~ r. ~-.- 7 3968 3967 3970 3964 3963 3964 GOULD 9 3960 3959 3962 9 1 3958 3959 -~ 7 3956 3955 3956 3957 3952 d N et ao N cc o v ao N co 0 0 0 .- r- N N N M M 0 •- 3952 3953 395 951 0 950 0 0 0 0 0 0 0 0 r.~~-~~-~-~~r~ ~- 3 3948 3949 3946 3 ~ 3 3944 3943 3942 3943 N ~ r- ,n ,~ „~ y5 9 3938 3938 3 9 rn W o 0 0 0 '~~ 5 3934 3935 3934 3935 "' 39 39 940 W `' `- 1 3930 3931 3930 3931 3928 `92 , ~- ~ 9 3923 3922 3923 3924 0 6 ~O ' ~ 3921 3918 3918 ~ ~, °o O~2 0 3917 3914 3915 3912 ~y 3919 ~ O 3911 3906 ~ 3910 [rmnar~esoT.a S 1~ d 3907 rn ~ 9 3901 3900 M rn 3900 ® 3901 3900 O`' 39 39TH 57 3856 ~ 3855 850 ~ 3853 ~ 3854 3859 3853 ~~-- ~ 110 34,0 950 3850 ~'¢+. 51 3850 c/) 3849 3850 ~ 3849 ~ f ~' 's A 3$51 ~ ~oA S 47 3848 3845 3844 3847 3847 S ? J 9 384 ~~ ~ps 3840 3841 3842 3841 3844 3827 0 ,,~ s ~ 8 37 3836 3837 3838 3839 3841 8d0 ~, 6,p ~ a ~ 33 3832 3835 3834 3835 3837 `~8?8 ~,8 ` 'ss " ~~,S 3828 3829 3830 3829 `~8?O 38 ~S "'8 29 3824 3825 3824 3825 3828 3825 38~ ,~ d9 d8 ~'G 4 8 ' 19 3820 3821 3820 3823 u'3 d8 ~ ~, ? 6' " "' O 3816 3818 3819 08 82~ 8TS 13 3812 3815 3812 3815 LL1 ~8? "8i 3810 3809 3810 3807 z ~8 ~ O d 05 3806 3805 3806 3801 3800 ~,j ) 3701 'S 30 00 "'8 01 3800 3801 3800 J 09 `80 3~3 31 3730 3731 8728 3729 5 ~ p dj \ , 3722 3722 ~s J~ ~7 ' 3~~ 23 3720 3723 W 3721 ~ / ~ j3 ~ 3 3~7 , ) Location Map 103 L., z z W U BSI of PLAN NORTH 1 lIN-EN TREES I 1 MISCELLANEOUS SHRUBS Z L A N D S C A P I N G P L A N . ~o-o F~:A.TTALOE' ACE ` HAIA~AJ~i~ ^ COLUMBIA HEIGHTS, MI1~t~~TESOTA SHEET INDEX ARCNITECTURAL___ AIA -SITE PLAN, PRDJECT -ATA A2A -FLUOR PLAN, SCHE-ULES, TOILET LCTAIIi A-2a SITE PIPING FLAN A3 - E%iERIOR ELEVATIDNS STRUCTURAL SI - FDUN-ATIRI PLAN S2 R@F PRANINO PROJECt SITE DATA a¢age~sc 1~I~JYxI i0lh fmtRlY MFA ..................._..._.'.. ~I fl ICR]1 LANDSCAPE SCHEDULE SYYB~ TYPE iYPC SRE L-N CANOPY LINDEN TREE ~~5' e CAL ns SHRUB ~ MISCELLPNECIUS SHRUBS aBinLf FC I FAULKNER CONS'CRUCITON I N C la~,s~.~ _~® FRAT.CLONE'S A.CE HARDWARE COU.TMHIA IffiGIRS MINCiH30TA ~® ®® ~ ~r •M wY ua Ma m~+A~~ Ywwe' ~x~o1 ~ W Yw Wn !-® .r 4~oe p u.Y ~~,.a. - ~ o ®~ SITE ALAN 1 i FAiJLKNER CONS'CRUCTION I N C BEAST ELEVATIONlATB~DG) /SOUTH ELEVATION -> • i m ~E A 5 7 E L E V A T I O N CAT G-ARDEN CTR FENGEJ U .~ o pnx wv>.um.., ~® ~~ ~.,z.~..~.m FRAT]:ALONE'S ACE FIARDWARE COLUMIIIA HffiOHT3. hfIItNB90TA ®® WEST ELEVATION U .~ o ~~ORTI-I E L E vAT 10N LJ . r-m• ~® i ~~ i W w pa y.mswa wNNm..®aq um~l a~ W Yn of ~ ~vn~rvu~lt- ~® = L~ ®.,TM~,~n.~ L1 L~ G1 L~ _- Li GG ®~i E[_EVATIONS .-3 ®~ FAULKNER CONSTRUCTION 235U Caumy Road J White Bear Lake, MN 5571 G nevrewa Dare Namex er Ae.reanau ore" mi-. -- aa7 - .. ~.~,a/ E ~i. \~~ s<u ~E -^I\~Y I E E~~~ _,,~_~~ ~~ i / ~' 9., E 0,0.5 O ~" ~~ar~a~.~.~~nna~aare,~ - - - ~ aa.re~a.,a,~,~a,~aa tlut/lKOnba P,Wmaw. ~el Er Mneer untlw Bu Nrn of th 91Ma d Mren PMINmre: TH~'a. l1VG.1P0 PE__ 91pwtl Oe 11R1(IDYr Lkenro N~mCOr a2>,1$_ engineers ..~. aN..~a®a NaAr..e 52~t Eael Povar PoM SWre 908 nme~nAa~MameaYn SSAtI ]f Y5W F 1188 ]&9 5]1 u. . . wae: wxw.Ureb.~a Dawn 6v: VIRpNe GvupMwr q {{ ~'' ~,~ ,.: = ia~~i I r, ~~~ ~~' 1 cnaa.a ar: *rn ~.~ream •~aa~aoar:rm Nwrea NuT FOR C7tlet(purTi;N ( PROPOSED ORADIN6 AND EROSION CONTROL PLAN: Frattione's Ace Hardware °~~~ G 1 Dare: haF.4~!®af~PG9L ~ ~ FRATTALLONE'S ACE HARDWARE ~oz ,~. ~. _ . ~ ~~a~eu„nos .,~~llard~hv,. I ~ ~ ~ - ~ .,<, - ---- r r- -- f _ _ ~ ____ _, ~ _T_ .. ' ~ ~, _ ,, • _ ;... ! ~_+-A:.c~ .._,.f: ..~ ., .. ~.~u - . h.;..r._.d~~ i....~. .. d':.. ._ ~',, ..~s~ax~, 1 11 t~., I~~~lf I .:'~~:"4 ~~~Ii ll. i'.IIII R £ [ t~Ilili. I ~~i `; PRA`TTALLONE'S ACE HARDWARE 108 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: March 10, 2008 AGENDA SECTION: Other Ordinances and ORIGINATING DEPT.: CITY MANAGER Rcsv1'utiviiS CviiLiTiuility Dc'vclupi37ciit APPRO v'AL NO: ITEM: Approval of a Conditional Use Permit and BY: Jeff Sargent, City Plaiuier r ° r' BY: f a Lot Split for a twin home at 3807-3809 DATE: March 6, 2008 ~ - - _ Pierce Street BACKGROUND: At this time, there are two land use requests for the property located at 3807-3809 Pierce Street. They include a lot split per Code Section 9.104 (J), and a Conditional Use Permit for the establislunent of a Twin Home in the R-2B, One and Two Fanuly Residential District per Code Section 9.109 (F)(3)(b). The applicant, Aren Dela, is proposing to split the property located at 3807-3809 Pierce Street in order to convert an existing duplex into a twin home. The Zoning Ordinance has recently been amended to require a Conditional Use Permit (CUP) for alI twin home proposals within the R-2A or R-2B, One and Two Family Residential Zoning Districts. The applicant also requests a waiver or reduction of the park dedication fee of $3,900 so that he may complete the project. RECOMMENDATION: The Plaiming and Zoning Connnission held a Public Hearuig for the request on March 5, 2008. They voted to recornm~end City Council approval of the Conditional Use Perrr~it and Lot Split, with a 3-2 vote. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-53, there being ample copies available to the public. Move to adopt Resolution No. 2008-53, approving a Mn1or Subdivision of the property at 3807-3809 Pierce Street, subject to the conditions outluied in Resolution No. 2008-53. Move to waive the reading of Resolution 2008-54, there being ample copies available to the public. Move to adopt Resolution No. 2008-54, approving a Conditional Use Permit for a twin home use at the property located at 3807-3809 Pierce Street, subject to the conditions outliized in Resolution No. 2008-54. gttacm~aenzs: tcesolunon LUUcY-~S, tceso[ux~on LUUll-J 4; r+~ Memo; Locatr.on COUNCIL ACTION: 109 RESOLUTION NO. 2008-53 RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR AREN DELA WHEREAS, a proposal (Case No. 2008-0303) has been submitted by Aren Dela to the City Council requesting a subdivision fiom the City ofColumbia Heights Subdivision Code at the following site: ADDRESS: 3807-3809 Pierce Street EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Plarniing Conunission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concenls 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 S, 2008. 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 followitg 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. 5. The property has not previously been divided through the minor subdivision provisions ofthis 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. 110 Resolution No. 2008-53 Page 2 FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. All applications materials, maps, drawings and descriptive iilfonnation submitted with this application shall become part of the perniit. 2. The Plamiilig Commission requests the City Council to look at the possibility of modifying the Park Dedication fee of $3,900 per the request of the applicant. The amount decided on by the City Council is due at the time of final approval by the City Council. Passed this _ day of March 2008 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 111 RESOLUTION NO. 2008-54 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR ARF.N DE,LA WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0303) has been submitted by Aren Dela to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3807-3809 Pierce Street LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Pernlit per Code Section 9.109 (F)(3)(b) for a twig home. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Cade on March 5, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Cotrunission regardilg 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 ii the surrounding areas; and NOW, THEREFORE, BE iT RESOLVED by the City Council ofthe City ofColumbia 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 ii which the property is located, or is a substantially similar use as deteamiied by the Zoning Administrator. 2. The use is in harmony with the general purpose and iltent of the Comprehensive Plan. 3. The use will not impose hazards or distributilg iifluences on neighboriig 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 maiuler that is compatible with the appearance of the existing or iitended 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. 112 Resolution No. 2008-54 Page ~ 7. Adequate measures have been or will be taken to minunize 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 ill conjunction with the cumulative effect of other uses ill the imrilediate vicuiity. 9. The use complies with all other applicable regulations for the district ul 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 per~ut the city and the applicant agree that this permit shall become null and void if the project has not been completed within of~e 1 cale»day,yeaf, after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 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. aone-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. Passed this _ day of March, 2008 Offered b=~• y• Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 113 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0303 DATE: March 5, 2008 TO: Columbia Heights Planning Commission APPLICANT: Aren Deta LOCATION: 3807-3809 Pierce Street REQUEST: Lot Split, Conditional Use Permit for Twin Home PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, there are two land use requests for the property located at 3807-3809 Pierce Street. They are: 1. A lot split per Code Section 9.104 (J). 2. A Conditional Use Permit for the establishment of a Twin Home in the R-2B, One and Two Family Residential District per Code Section 9.109 (F)(3)(b). The applicant, Aren Dela, is proposing to split the property located at 3807-3809 Pierce Street in order to convert an existing duplex into a twin home. The Zoning Ordinance has recently been amended to require a Conditional Use Permit (CUP) for all twin home proposals within the R-2A or R-26, One and Two Family Residential Zoning Districts. The existing house located at 3807-3809 Pierce Street is a duplex. The applicant currently resides at the premises and would like to convert the rental property into for- sale units. COMPREHENSIVE PLAN The Comprehensive Plan guides this area towards Low Density Residential. By converting the current use as a duplex to a twin home use, the applicant will conform to the Land Use designation of the area. ('i1-~r nF ("nl~~mhio 4.7nir+hi-.- DI-.+ r`.. ~e__~~ r -~nnn ~a.r v~ ~.v~u~iw~u i~csyiita r~uiiiiiiiiy ~.v~iiiiii~$ioni I"IQI I.II J, GUU6 Aren Dela -Lot Split, CUP for Twin Home Case # 2008-0303 ZONING ORDINANCE The property is zoned R-2B, One and Two Family Residential. The purpose of the R- 2A and R-2B, Two-Family Residential District is to provide appropriately located areas for single-family dwellings, two family dwellings (duplexes} and directly related complementary uses. The minimum requirements far lot area, lot width and setbacks in the R2-B District for a twin home use are as follows: Lot Area: Lot Width: Front Yard Setback Side Yard Setback: Rear Yard Setback: 5,100 square feet 60 feet Average requirement 0 feet 20% of lot depth. The lot width and lot area requirements are the minimum standards required for properties prior to the lot split, in order to construct a twin home. The property at 3807- 3809 Pierce Street meets the minimum requirements. The Zoning Code has specific requirements for zero lot line setbacks when taking twin homes into consideration. They are as follows: (1) The wall of the dwelling unit shall be placed upon said property line in a manner that does not encroach upon another property. The proposed lot line will split the structure into two separate living quarters, along a party wall. At no point does any portion of either dwelling unit encroach onto the neighboring property. (2) The applicant records ail required agreements, easements and deed restrictions against all properties that abut the zero lot fine. This condition will be attached to the Conditional Use l=ermif Resofution. The applicant will be responsible for recording a party wall agreement as well as a driveway easement agreement between the two properties. (3) The minimum front, side and rear building setbacks shall be applied to the structure as a whole, rather than to individual units. The current structure is 5 feet from the northern side lot line, 5 feet from the southern side lot line, and approximately 39 feet from the rear property line, meeting the minimum setback requirements. (4) The minimum lot area requirement shall be applied by dividing the sum of the area of all parcels occupied by the structure by the total number of dwelling units. Page 2 115 ~i~y or ~oiutn~ia neign~s r~ant~~nr°~g ~orntni5s~~n i~idr~C~i 5, 2uvo Aren Dela -Lot Split, CUP for Twin Home Case # 2008-0303 The current structure is placed in the center of the property, with an equal setback of 5 feet to each of the side lot lines. The proposed lot line wilt eaually bisect the property into two 30-foot wide aarcels. This meets the zero-lot line requirement regarding the minimum lot areas. The park dedication fee for new lot will be $3,900.00, to be paid upon final approval of the lot split. FINDINGS OF FACT (Minor Subdivision) Section 9.104 (J) of the Zoning Ordinance outlines eight conditions that must be met in order for the City to grant a minor subdivision. They are as follows: (a) The proposed subdivision of land will not result in more than three lots. The proposed subdivision will result in the creation of two parcels. (b) The proposed subdivision of land does not involve the vacation of existing easements. No existing easements will be vacated as a result of the proposed minor subdivision. (c) All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. The minimum lot area and lot width requirements have been met with the proposed lot split. (d) The proposed subdivision does not require the dedication of public rights-of- way for the purpose of gaining access to this property. The property currently has adequate access to Pierce Street and will not require a dedication of the public right-of--way for access purposes. (e) The property has not previously been divided through the minor subdivision provisions of this article. This property has not been previously subdivided through the minor subdivision process. (f) The proposed subdivision does not hinder the conveyance of land. This is a true statement. Page 3 116 ...icy ~~ w~u~~iu~o ~iciyii~a riaiunny t_uiinn~ssiun March 5, ZU08 Aren Dela -Lot Split, CUP for Twin Home Case # 2008-0303 (g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is a true statement. (h) The proposed subdivision meets all of the design standards specified in Section 9.114. Section 9.114 refers to the subdivision regulations set forth in the Gity's Zoning Code. The proposed subdivision meets al! of the design standards specified in this section. FINDINGS OF FACT (Conditional Use Permit) Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City to grant a conditional use permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. A twin home use is specifically mentioned as a Conditional Use in the R-28, One and Two Family Residential District. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area towards Low Density Residential. By converting the property from atwo-family use to two one-family uses, the use of the property will be more consistent with the intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. The use of the building will change from a rental dwelling to owner-occupied. This should not impose hazards or disturbing influences within a residential area. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of the property in the immediate vicinity would not be diminished with this proposal. The building is an existing structure on the property. Page 4 117 Ciy of Columbia i-ieights Planning Commission March S, 2008 Aren Dela -Lot Split, CUP for Twin Home Case # 2008-0303 (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrrn~nc~ina area The character of the surrounding area is for one and two family households. The twin home proposal would be consistent with the character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 3807-3809 Pierce Street meets this criterion. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. Traffic congestion will not be a problem with a twin home residential use within a residential district. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. The use will not cause a negative cumulative effect in the area. The proposal would be reducing the number of rental units in the neighborhood. (i) The use complies with alt other applicable regulations for the district in which it is located. The use complies with all other applicable regulations for the district in which the property is located. RECOMMENDATIONS Motion: The Planning Commission recommends that the City Council approve the minor subdivision of the property located at 3807-3809 Pierce Street for the purpose of creating parcels for a twin home, 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. All applications materials, maps, drawings and descriptive information submitted with this application shat! become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of $3,900.00, due at Page 5 i~a City of Columbia Heights Planning Commission March 5, 2008 Aren Dela -Lot Split, CUP for Twin Home Case # 2008-0303 the time of final approval by the City Council, and prior to any permits issued for the property. Mation: The Planning Commission recommends that the City Council approve the Conditional Use Permit for a twin home use, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The shared party wall shall have not less than cone-hour fire resistive rating with exposure from both sides. 3. A shared parking/driveway easement shall be drawn up and recorded with Anoka County for the shared use of the driveway. ATTACHMENTS ^ Draft Resolution ^ Location Map ^ Site Plan Page 6 119 3807-3809 Pierce Street 90 ~ 9~ ~9 Off, ~'~g ,9 "~9 6' v'~g `9 u' O c~ 7~ try ~ ~ ~~ 3901 ~~ 1221 ~ 3901 `~ '~~` 1200 ~~, 1216 ~~ 1220 ~ 3857 c ~,~ ~ ~~ S~ ~'~p, S 3851 ~' 838 S 6S ~~, ~s s~ ~'~ ~~~, 3845 9 ~~~' ~s ~~ BST S 3836 3831 3830 ~' ~'~p SS 3830 `s 3825 3824 ~'~c, ~ `~~~~, ~ 3826 ~' ~ ~' `~~' 3817 3818 f-- ~,~ ~ ~$~ ~S`9 3816 ~y ~'~p `~~'~ ~ 3807 3812 3809 3812 `~~~'~~ 3800 3806 3801 3806 ~'~p ,S 3800 ~~~~~?~' 3~32 ~ 3731 3732 3753 A 370 ~~~~' 9 3726 3725 3726 z ~ ~ 3719 3720 `~~ 3747 3724 3720 z 3719 3718 z 3710 3711 3712 = 3713 3712 J 0 e- t` r in Ci M ~ ~ r N ~ 3706 U ~ r N N N N M ~ r ~ ~ 3701 1411 ~ ~ r r r r ~ I fl '~ Location Map 120 M~cRaFiu~nErDEC 2 I C~ WILLIAM D. SC!-fOELL REGl57ERED CIVlL ENGINEER MINN. NO. 2245 80. DJ~K. 755 WIS, NO. E•6178 FLORtUA M0.~827t SC~~QELL and 14/IA~SQN ENGINEERS AND SURVEYORS 2629 LOUISIANA AVENUE MINNEAPOLIS 26. MINN. VYEST 9.OkkA r- c r..~--~- i c y r-~ n •-r c n c c c r r~ 0 e~ ~r ~/1.•.il 11 iV!'1! l.~ UI VWElY t ``' ~ f ~ ~ , to • `~ r ~r _ __ -__ .._ ` ~ t/ ...3d, 0 c.. ....SO. ,' St \ ~ ~`~, ` ti .~. ~. D `^ ... ....64.0 ... - ' .•~ ` - ... „~ t T t, ~~ '' _\V /.~ 7l1~ as-/ CARLI5LE MAD50N REGt57ERED LAND SURVEYOR M1NN• NO. 4874 50. DAK. 79i W18. NO. 6.674 IO WA~NOII. 3705 ~ 1 ~-•f gq~i~1 1 fva~~h ee~~ a~ eat .~ ... r~'i3(~ '... .. . /" = 30 :~ tif/i i7 //iT~` ~P /~fQi"lff i~ Uf i Ut .i ~P/7of~°5 /ran Mor~umen~5 ~~.' ~ , ~~~ ,.. ~~ .._r SCANNED ~~~~ W -~ i 0 b t-s n H Z t~ 121 ~~ / c °~ f~~`" ~ ~~~~-~ ' ~~~ ~ ~.. ,,1,17 N~ ~?~ .r __~_-~ ~ ~ ~ ~~ ~ ~ ~~ l L` 4s~~ 7 ~ ~~ ,~~ :~ J~ ..+ 3 n a, 1 f •.~ ~-..~ ,~".~> .s.~-- .:~^ (~~ ~~ ~ \~ K1 J ~, :~ 123 ~r.-,2c ~ tom"' ~ ` ' r'~- U `? `~''~ ~. _ _ ,~ ~ :'~ y. L h z'"~ ~- a ~ ~s~ ~~ 9 ~. ~' 'r'' -~ __ °~ , ~~ ~! ~~ :~~ r: ;' •~_ w O. __ ~''~ ~- U ~.. - r COLUMBIA HEIGHTS C1TY COUNCIL LETTER Meeting of March 10, 2008 AGENDA SECTION: Pubfic Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: 2na Reading: Ordinance 1537, Zoning BY: Jeff Sargent, City Plaiuler BY:~ ,,~ir~` ~° ~- , Alnendment to create the Public and Open Space DATE: March 5, 2008 ~ f District BACKGROUND: City staffreeorrnnends atoning amendment to create a new zoning district. The new zoning district would be titled "Public and Open Space", and would include all land available for public use. Such uses would include: all mulucipal, county, and regional parks, City Hall, Murzyn Hall, Jackson Pond, Hart Lake land, Public Works and the library. Currently, the City parks are established as overlay areas throughout the City, meaning that there is an underlying zoning district for each park, be it residential, commercial or industrial. There is no consistent zoning district for each park throughout the City, making it difficult to establish continuity throughout the park system. Staffrecommends creating a new zoning district so that each public parcel has the same set of standards for its use, setbacks, parking requirements and performance standards . The total amount of land to be rezoned is approximately 168 acres. The "P" Public and Open Space District is intended to provide a district which will allow areas of the City to be retained and utilized for non-local jurisdiction public uses, open space, and provide a "holding" zone for future development to ensure that development will be staged to maintaui reasonable economy in public expenditures for public utilities and services. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1537, being ample copies available to the public. Move to adopt Ordinance No. 1537, being an ordinance amending Ordinance No. 1490 City Cade of 2005, adopting the proposed zoning amendments outluied itl Ordinance 1537. Attaelunents: O~°dinance 1537 (2"d Reading Format), Ordinance 1537 (]'S' Reading Format), P+Z Report, Zoning COUNCIL ACTION 127 ORDINANCE NO. 1537 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE PUBLIC AND OPEN SPACE ZONING DISTRICT IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.114 of the Columbia Heights City Code, is thereby amended to read. as follows: 59.114 PUBLIC AND OPEN SPACE DISTRICT (A) Purpose. The "P" Public and Open Space District is intended to provide a district which will allow areas of the City to be retained and utilized for, non-local jurisdiction public uses, open space, and provide a "holding" zone for future development to ensure that development will be staged to maintaitl reasonable economy in public expenditures for public utilities and services. (B) General pr°ovisions. (1) Cornpliar7ce with applicable regulations. Any use established iii a public district after the effective date of this article shall comply with all applicable local, state and federal standards for such uses. (2) Administration. The administration and enforcement of this article shall be in accordance with the provisions of §9.104, Administration and Enforcement. (3) Nonconformities. Nonconforming uses, structures, lots and signs within a public district shall be subject to the provisions of §9.105, Nonconformities. (4) Compliance tivitli general development stm~rdar°ds. Any use established, expanded or modified in a public district after the effective date of this article shall comply with the applicable provisions of §9.106, General Provisions. (5) Compliar7ce with specific development standards. Any use established, expanded or modified in a public district after the effective date of this article that is identified in §9.107, Specific Development Standards, shall comply with the applicable provisions of that article. (6) Prohibited uses. Any use not listed as either permitted, conditional or accessory in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted, conditional or accessory shall be prohibited in that district. 128 (C) Lot dinzensio», height, ar~d bulk r°equire~~7esats. Lot area, setback, height and lot coverage requirements for uses in the public district shall be as specified in the following table: I 1 Public and Qnen Snace I Minimum Lot Area All Uses None Minimum Lot Width All Uses None Buildine Setbacks Front Yard 25 feet Side Yard 5 feet Corner Side Yard ] 0 feet Rear Yard 20% of lot de th ~Parklnff Setbacks Front Yard 5 feet Side Yard 3 feet Confer Side Yard 3 feet Rear Yard 3 feet All structures None Floor Area Ratio 7.0 (D) Pubic and Open SPaee District. (1) Per•rz~itted Uses. Except as specifically limited herein, the following uses are permitted within the P, Public and Open Space District: (a} County, Regional and City parks. (b) Playgrounds, athletic (gilds, recreational areas, and parking areas. (c) Cemeteries. (d) Publicly owned and operated facilities. (e) Essential services. (2) Corfzlitiortcrl Uses. Except as specifically limited herein, the following uses may be allowed in the P, Public and Open Spaces District, subject to 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: 129 (a) Public or semi-public recreational buildings and neighborhoods or conununity centers. (b) Non-city govei-~irnental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community. (3) Pe~~nitted accessory uses. Except as specifically limited herein, the following accessory uses may be allowed in the P, Public and Open Space District: (a) Operation and storage of such vehicles, equipment and machi11e1y, which are incidental to the permitted or conditional uses allowed iii this district. (b) Living quarters for persons employed on the premises. (c) Recreational vehicles and equipment. Chapter 9, Article I, Section 9.104 (J)(6)(h} of the Columbia Heights City Code, which currently reads to wit: §9.104 ADMINSTRATION AND ENFORCEMENT (J) Mir7or subdivisio~~s (lot splits) (6) Requi~^ed findings. The City Council shall make each of the following findings before approving a minor subdivision: (h) The proposed subdivision meets all of the design standards specified in the §9.114. Is thereby amended to read as follows: §9.104 ADMINSTRATION AND ENFORCEMENT (J) Minor subdivisions (lot splits) (6) Required findings. The City Council shall make each of the following findings before approving a minor subdivision: (lz) The proposed subdivision meets all of the design standards specified in the §9.115. 130 C1lapter 9, Article I, Section 9.104 (K)(6)(a) of the Columbia Heights City Code, which rnn-ently rPa~lc to wit• ~,.._______J ___. ~_. __ .. __. §9104 ADMINSTRATION AND ENFORCEMENT (K} Prelin~irzrn~y plats. (6) Required ,frs~dir~gs. The City Council shall make each of the following findings before approving a preliminary plat: (a) The proposed preliminary plat conforms to the requirements of §9.114. Is thereby amended to read as follows: §9.104 ADMINSTRATION AND ENFORCEMENT (K) Pi°eli~~yzinary plats. (6) Regarir~ed findings. The City Council shall make each of the following findings before approving a preliminary plat: (a) The proposed preliminary plat conforms to the requirements of §9.115. Chapter 9, Article I, Section 9.104 (L)(6)(b) of the Columbia Heights City Code, which currently reads to wit: X9.104 ADMINSTF~TION AND ENFORCEMENT (L) Final plats (6) Required findings. The City Council shall make each of the following findings before approving a final plat: (b) The final plat conforms to the requirements of §9.114. Is thereby amended to read as follows: §9.104 ADMINSTRATION AND ENFORCEMENT 131 (L) Fi~~al plats (6) Requi~~ed ~j7dzr7gs. The City Council shall make each of the following findings before approving a final plat: (b} The final plat confoi7i7s to the requirements of §9.115. Chapter 9, Article I, Section 9.114 of the Columbia Heights City Code, which currently reads to wit: §9.114 SUBDIVISION REGULATIONS Is thereby amended to read as follows: §9.115 SUBDIVISION REGULATIONS Chapter 9, Article I, Section 9.114 (C)(3)(b)(4) of the Columbia Heights City Code, which currently reads to wit: §9.114 SUBDIVISION REGULATIONS (C) Plats and data. (3) Final plat. The final plat shall be on sheets 20 inches wide by 30 inches long and shall be at a scale of 100 feet equals 1 inch or such other standard scale as approved by the City Engineer and in all other respects shall comply with Minnesota Statutes. Where necessary, plat or final plat may be on several sheets accompanied by a key map showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the City Cozzncil. (b) Additional plans to be submitted with the final plat include the following: 4. Final Street plans for requirements established in §9.114 (D). Is thereby amended to read as follows: §9124 SUBDIVISION REGULATIONS (C) Plats af~d data. 132 (3) Fzl~al plat. The final plat shall be on sheets 20 inches wide by 30 inches long and shall be at a scale of 100 feet equals 1 inch or such other standard scale as approved by the City Engineer and ul all other respects shall comply with Minnesota Statutes. Where necessary, plat or final plat may be on several sheets accompanied by a key map showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the City Council. the following: (b) Additional plans to be submitted with the final plat include 4. Final Street plans for requirements established in §9.115 (D). 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: February 25`", 2008 March 10`", 2008 Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 133 Text from 1 S` reading of Ord. ORDINANCE NO. 1537 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 200 RELATING TO THE PUBLIC AND OPEN SPACE ZONING DISTRICT IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I of the Columbia Heights City Code, is proposed to include the following additions. §9.ll4 PUBLIC AND OPEN SPACE DISTRICT (A} Purpose. The "P" Public and Open Space District is intended to provide a district which will allow areas of the City to be retained and utilized for, non-local jurisdiction public uses, open space, and provide a "holding" zone for future development to ensure that development will be staged to maintain reasonable economy in public expenditures for public utilities and services. (B) General provisions. (1) Compliance with applicable regulations. Any use established in a public district after the effective date of this article shall comply with all applicable local, state and federal standards for such uses. (2) Administration. The administration and enforcement of this article shall be in accordance with the provisions of §9.104, Administration and Enforcement. (3) No~zconformities. Nonconforming uses, structures, lots and signs within a public district shall be subject to the provisions of §9.105, Nonconformities. (4) Compliance with general development standards. Any use established, expanded or modified an a public district after the effective date of this article shall comply with the applicable provisions of §9.106, General Provisions. (5) Compliance with specific develops:ent standards. Any use established, expanded or modified in a public district after the effective date of this article that is identified in §9.107, Specific Development Standards, shall comply with the applicable provisions of that article. (6) Prohibited uses. Any use not listed as either permitted, conditional or accessory in a particular district or any use not determined by the 134 Zoning Administrator to be substantially similar to a use listed as permitted, conditional or accessory shall be prohibited in that district. ~~~ 7.nt l~11ifPNQrn N_ I1 P7fT]ff n~td biillr ren~iit^est~eNtc, T.nt area; setbaclz; height and lot coverage requirements for uses in the public district shall be as specified in the following table: Minimum Lot Width All Uses None Building Setbacks Front Yard 25 feet Side Yard 5 feet Corner Side Yard 10 feet Rear Yard 20% of lot u SethackG Front Yard 5 feet Side Yard 3 feet Corner Side Yard 3 feet Rear Yard 3 feet Maximum Height All structures None Floor Area Ratio 1.0 (D) Pubic and Open Space District. (1} Permitted Uses. Except as specifcally limited herein, the following uses are permitted within the P, Public and Open Space District: (a) County, Kegional and City parks. parking areas. (b) Playgrounds, athletic fields, recreational areas, and (c) Cemeteries. (d) Publicly owned and operated facilities. (e) Essential services. (2) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the P, Public and Open Spaces District, subject to regulations set forth for conditional uses in §9.104, Administration and 135 Enforcement, and the regulations for specific uses set forth in §9.107, Specific Development Standards: (a) Public or semi-public recreational building_ s and neighborhoods or community centers. (b) Non-city governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community. (3) Pert~ritted accessory uses. Except as specifically limited herein, the following accessory uses may be allowed in the P, Public and Open Space District: (a) Operation and storage of such vehicles, equipment and machinery, which are incidental to the permitted or conditional uses allowed in this district. (b) Living quarters for persons employed on the premises. (c) Recreational vehicles and equipment. Chapter 9, Article I, Section 9.104 (J)(6)(h) of the Columbia Heights City Code, is proposed to include the following additions and deletions: §9.104 ADMINSTRATION AND ENFORCEMENT (J) Mi»or subdivisions (lot splits) (6) Required fi»diiags. The City Council shall make each of the following fmdings before approving a minor subdivision: (h) The proposed subdivision meets all of the design standards specified in the ~-~-1-4 §9.115. Chapter 9, Article I, Section 9.104 (K)(6)(a) of the Columbia Heights City Code, is proposed to include the following additions and deletions: §9.104 ADMINSTRATION AND ENFORCEMENT (K) Prelimi~zary plats. (6) Required findings. The City Council shall make each of the following findings before approving a preliminary plat: 136 (a} The proposed preliminary plat conforms to the requirements of ~~4 §9.115. Chapter 9, Article I, Section 9.104 (L)(6)(b) of the Columbia Heights City Code, is proposed to include the following additions and deletions: §9.104 ADMINSTRATION AND ENFORCEMENT (L) Final plats (6) Required findings. The City Council shall make each of the following findings before approving a final plat: (b} The final plat conforms to the requirements of ~-9-I-1-4 §9.115. Chapter 9, Article I, Section 9.114 of the Columbia Heights City Code, is proposed to include the following additions and deletions: X1-14 §9.115 SUBDIVISION REGULATIONS Chapter 9, Article I, Section 9.114 (C)(3)(b)(4) of the Columbia I~eights City Code, is proposed to include the following additions and deletions: §9.114 SUBDIVISION REGULATIONS (C) Plats and data. (3) Fiv~a1 plat. The final plat shall be on sheets 20 inches wide by 30 inches long and shall be at a scale of 100 feet equals 1 inch or such other standard scale as approved by the City Engineer and in all other respects shall comply with Minnesota Statutes. Where necessary, plat or final plat may be on several sheets accompanied by a key map showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the City Council. (b) Additional plans to be submitted with the final plat include the following: 4. Final Street plans for requirements established in ~9-1-1.4 §9.115 (D). 137 Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: February 25~", 2008 Second Reading: March lOt~', 2008 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk 138 CITY OF COLUMBIA HEIGHTS PLANNING REPORT rocs nee ~nnR~Q• ~nnsz_n~n~ Vl1V 1. IYVIYILl t.l\. LV VV-VENT DATE: February 6, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for Rezoning of Parcels PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, City Staff is requesting a zoning amendment to create a new zoning district. The new zoning district would be titled "Public and Open Space", and would include all land available for public use. Such uses would include: all municipal, county, and regional parks, City Hall, Murzyn Hall, Jackson Pond, Public Works and the library. Currently, the City parks are established as overlay areas throughout the City, meaning that there is an underlying zoning district far each park, be it residential, commercial or industrial. There is no consistent zoning district for each park throughout the City, making it difficult to establish continuity throughout the park system. Staff recommends creating a new zoning district so that each public parcel has the same set of standards for its use, ceti,~ark,, parking ragairerpantc anri pF'rfoCC?'tance ctanrlarrl~. COMPREHENSIVE PLAN The Comprehensive Plan currently guides all the parks and Murzyn Hall for "Park" use. City Hall is guided for "Community Center District", the public works building is guided for "Industrial" and the library is guided for "Commercial". The Comprehensive Plan guidance for City Hall, the public works building and the library will be amended during the 2008 Comprehensive Plan Update. ZONING ORDINANCE The following is a list of all the parks in the City and their current zoning classification. Also listed are City Hall, Murzyn Hall, the public works building, Jackson Pond, and the City or Coiumbia Heights Nianning Commission February n, 200is City of Columbia Heights Case # 2008-0204 library: 1. Albert A. Kordiak Park R-1, Single Family Residential District 7 L. I IIr~ A~mcl-Ioll R~rG vlAl t 1 \GIIIJUI~fI 1 U.1. R_1 CIY1/'II6 Gamily R®cirlonti~l rlictrirt . ~ ., vll lyl~ , ullllly 1 \V JLAVI ILIUI VIVN 1V• 3. Edgemoor Park R-2A, One and Two Family Residential District 4. Gateway Park R-2A, One and Two Family Residential District 5. Gauvitte Park R-2A, One and Two Family Residential District 6. Hilltop Park R-2A, One and Two Family Residential District 7. Huset Park 1-1, Industrial District 8. Keyes Park R-1, Single Family Residential District 9. Labelle Park R-4, Multiple Family Residential District 10. Lomianki Park I-1, Industrial District 11. McKenna Park R-1, Single Family Residential District 12. Ostrander Park R-2A, One and Two Family Residential District 13. Presternon Park R-1, Single Family Residential District 14. Silver Lake Beach R-1, Single Family Residential District 15. Silver Lake Park R-1, Single Family Residential District 16. Sullivan Lake Park R-3, Multiple Family Residential District 17. Wargo Court CBD, Central Business District 18. City Hall R-3, Multiple Family Residential District 19. Jackson Pond R-2A, One and Two Family Residential District 20. Library LB, Limited Business District 21. Murzyn Hall I-1, Industrial District 22. Public Works I-1, Industrial District As stated previously, the creation of the Public District would place all of the above-listed into one zoning classification. The proposed district would also list all permitted, accessory and conditional uses allowed within. The total amount of land to be rezoned is approximately 164 acres. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. The Comprehensive Plan currently guides all the parks and Murzyn Hall for "Park" use. City Hall is guided for "Community Center District'; the public works building is guided for "Industria!" and the library is guided for "Commercial': The Comprehensive Plan guidance for City Hall, the public works building and the library will be amended during the 2008 Comprehensive Plan Update. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. Page 2 140 City of Columbia Heights Planning Commission February b, 200zs City of Columbia Heights Case # 2008-0204 The City of Columbia Heights owns all the parcels that would be affected by this proposed zoning amendment. The creation of a new zoning district would make the uses of l//ese grope ~les Ill ore (roll Jnlstelll VVILIFi each a/ioiher in tGrr',iis of s°t~hiu~k.°~, parking requirements and performance standards. 3. 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 proposed zoning amendment will create a new zoning district in which all the existing uses of the property to be rezoned will be compatible. 4. 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 the current zoning classification. The purpose of the zoning amendment is to create a zoning district for all the public uses throughout the City. Doing so would make the uses, setbacks and performance standards for the parks and other public uses consistent with one another. RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the creation of the "Public District", which would include all municipal, county, and regional parks, City Hall, Murzyn Hall, Jackson Pond, Public Works, and the library, as depicted on the attached zoning map. Attachments • Draft Rezoning Ordinance • Current Zoning Map • Proposed Zoning Map Page 3 141 ,_ °~ ~- ~~= :: :: ,az i,, m ~ ~~ ~,,~ Q: _ Q' . ~] _ O D .._ c .. O n U COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of March 10, 2008 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: lst Reading: Ordinance 1536, Zoning BY: Jeff Sargent, City Planner BY: ~~- . Amendment as it Relates to TeinporaYy Signage DATE: March 6, 2008 BACKGROUND: On May 29, 2007, the City Council adopted Ordinance 1523, being an Ordinance relatuzg to the use of temporary signage. The ordinance accomplished the following: 1. Required a permit for each temporary sign at a price of $20 per permit. 2. Required that no more than four temporary sign permits could be issued per business per calendar year. 3. Required that temporary sign permits may be good for no more than 30 days each. The City Council also established a sunset clause on Ordinance 1523, set to expire on Apri129, 2008. This was done to ensure that the ordinance was practical and fair to business owners throughout Columbia Heights. On February 6, 2008, staff presented a recommendation to the Planning Corntnission to pemlanently amend the zoning code. The discussion was tabled to the March 5, 2008 meeting in order for the business owners more time to present information to the Planning Comnussion. At this time, staff again proposes to permanently amend the zoning code regarding temporary signage to better unplement the intent of the goals of the Comprehensive Plan and the Design Guidelines adopted for the Central Avenue and 40"' Avenue corridors. Without effective regulation to establish minimum standards to guide the use of temporary signage, 40`x' Avenue and. particularly Central Avenue will 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 perma.~ent signage. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1536, being ample copies available to the public. Move to set the second reading of Ordinance No. 1536, for Monday, March 24, 2008, at approximately 7:00 p.m. in the City Council Chambers. Attachme~?ts: %)r-aft Ch~dt~?ance t_536 !l°, Keadifa~ hc~~-aaaat), t'+G COL7NCIL ACTION 144 DRAFT ORDINANCE NO. 1536 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE USE OF TEMPORARY SIGNAGE 1N THE BUSINESS DISTRICTS TN 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) Sigr2 Regulatio»s. (6) Prohibited Signs. Signs that are not specifically permitted itl this division are hereby prohibited in all districts unless criteria is presented to allow the Planning Commission to deem that the sign design preserves and maintains the community's unique historical and cultural elements. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: (a) A balcony sign and a sign mounted 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 reasonably be construed as traffic controls. 145 (e) An animated or rotating sign, except barber poles and 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 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 that is vertical iii nature. (i) A projecting sign which either extends more than 18 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 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 uiterferes 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) All portable signage exceeding-.~~+ ~ ~ °+, excluding sandwich board signs. (p) Temporary signage stuck into the ground, excluding political signs regulated per state statute, professional real estate signs, garage sales signs, and any signs listed in Section 9.106 (P)(5). 146 (7) Ter7~~ora~y Sigr7s. The following standards shall apply to temporary signs in all zoning districts: (al F.ach t~mnnrarv ci6n_ with the Pxrcntinn of canriwich hnartl ci¢rsc- shall require a sign permit from the City of Columbia Heights. (b) No mare 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. When two temporary signs are displayed, each sign shall require a permit and each sign will count towards the allotment of temporary signage permitted per business per calendar year. 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. {-a}(d) Any sign not considered permanent shall be considered temporary. (e) Temporary signage may not be used as permanent wall signage far the business. {-b}(fj Temporary l~~r~s signs or perulants shall not exceed ~ ~ °*'~~~ ''~` ~ °+ ~„ 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) No temporary signs shall extend over or into any street, alley, sidewalk or other p~.:blic ±horoughfare .. a:~*K.... b'"~^*e. *':.. ^~ ...c''°., ~•~ .. *'~e . c~~ .,ti;~~. ;, : °,.~°,~ ..,,,,,, ,,,,~ ~.° r~,,,,°a „ °,.~ „ „i~~ and may not cover snore than 25% of window area such that 75% of the total window area is kept clear at all times. (d-}(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 fire escape. (e}(j) Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein. (k) Sandwich Board Signs. 147 (1) Permitted in the LB, Limited Business, GB, General Business, and CBD, Central Business District only. (2) One (I) 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 fiom and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: 2008 200$ Mayor Gary L. Peterson Attest: Patricia Muscovitz, City Clerk 148 CITY OF COLUMBIA HEIGHTS PLANNING REPORT rnC`C nn IftRDCt7• 7nn0 rnn7 l~/`M1JL IVVIVIt.~L11. LVVV-VGVJ DATE: March 5, 2008 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, City Planner BACKGROUND On May 29, 2007, the City Council adopted Ordinance 1523, being an Ordinance relating to the use of temporary signage. The ordinance accomplished the following: 1. Required a permit for each temporary sign at a price of $20 per permit. 2. Required that no more than four temporary sign permits could be issued per business per calendar year. 3. Required that temporary sign permits may be good for no more than 30 days each. The City Council also established a sunset clause on Ordinance 1523, set to expire on n... .: 1 nn n n 1_:_ ..!_.__ a_ ae....a aL. .., J:.,..~ a',.,,.I ,.! ~',.:.. a.. r-~~i h may, ~Ou8. Tt ns was uu~ i~ w ensure a lay a IC ur un lame was pr a~~i~al anu fall w business owners throughout Columbia Heights. On February 6, 2008, staff presented a recommendation to the Planning Commission to permanently amend the zoning code. The discussion was tabled to the March 5, 2008 meeting in order for the business owners more time to present information to the Planning Commission. At this time, staff again proposes to permanently amend 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 40t" 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 zoning code previous to Ordinance 1523 City of Columbia Heights Planning Commission March 5, 2008 Text Amendment, Temporary Signage Case # 2008-0203 allowed for temporary signage that was not consistent with the intent of the Comprehensive Plan or Design Guidelines for the Central Avenue and 40th Avenue .-~.d.~. Th.~. nr~l~ ~I1~ air. r! fir nl~~#~r +hn4 ~n~nn n~c+4h~4inn~0as ~~r-»r~r~a.7~inn ~nrl %vr ~ ~uvr s. ~ ~ ~c pr eviouS wuc anv`vvcu w~ ~.iuuc~ a ia~ vvaa acau icu~.uny us ~uNN~..un~ ~y ui iu did not implement the policies outlined in Design Guidelines. Since the establishment of Ordinance 1523, there has been a substantial change in use of temporary signage throughout the City, resulting in less clutter, higher streetscape appeal and better implementation of policies that are outlined in the Design Guidelines. Lack of effective regulation regarding temporary signage was 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. LOCATION. Previous to Ordinance 1523, the Sign Code allowed temporary signs to be placed anywhere on the building. The code allowed for signs to hang from canopies, roofs, posts, and the like. (Figure 1, and Figure 2). ~f., ' °. ~\ ~~,~ -~ f-~~~.on iw~e r ~ ~:: - 4.a-.may: r., "~"'T~". _ ~: ,Coin C~rc _ _,_ v'. ` We Qo 6t3kes ; ' aia~rxrstres _ `~ _ --_ _ , ; ,~ v __ __ r- ~ d ~.~- ,;,_, f 3 ~~~ _ ~a ~ ' t 11 FIGURE 1 FIGURE 2 Appropriate language was 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 can no longer be strung above bay doors or 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 achieved this. For this reason, Ordinance 1523 has been a success. NUMBER. The previous Sign Code allowed any number of temporary signs to be placed on the building at any given time, and restricted each sign to no more than 60 Page 2 150 City of Columbia Heights Planning Commission March 5, 2008 Text Amendment, Temporary Signage Case # 2008-0203 square feet in size. (Figure 3 and Figure 4). ~~. ~: ~ ~- •_ ,__.-..- ~..e.-,. .~ ~ SUNd Y4 • SPEUPI ~ _ ~~ _ I. {Tr t`1• -~' ._ - ijlf. 'i1ill~ ~ ~ . . _ _.. -~-~ wit +.r b-+o, .~_-, ..~, FIGURE 3 FIGURE 4 Allowing any number of temporary signs on a building increased the amount of clutter on the building and decreased its aesthetic value. In relation the businesses along Central and 40th Avenues, it was 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. Ordinance 1523 added language to the ordinance restricting the number of temporary signs a business would be able to display at any given time to two. This was more consistent with the Design Guidelines as it allowed a better promotion of the architectural detailing of each building. DURATION. The previous Sign Code not only allowed for any number of temporary signs to be placed on a building, it also allowed for the temporary signs to be in place for an indefinite amount of time. The intent of temporary signs is for promotional purposes, not for permanent advertising. However, with no time duration established for temporary sign display, businesses could legally display temporary signs for any amount of time. (Figure 5 and Figure 6) Page 3 151 City of Columbia Heights Planning Commission march 5, 2008 Text Amendment, Temporary Signage Case # 2008-0203 FIGURE 5 »y, ~- . i~ ,'; ~-C~ :~ ~' ' ~- ,~:w r - . , ~ ~ ~ ~ Cad - - (•- ~i la ~ .~ S} :, z+~p "~ 7+~I n ~ o-- -~ ~ ^''-" _ ~. FIGURE 6 Ordinance 1523 added language to the Sign Code restricting the amount of time a temporary sign could be in place for to 30 days, as well as restricting the total number of temporary signs a business could display in a calendar year to four. This has dramatically reduced the clutter on commercial buildings throughout the City, which in turn has made the buildings more consistent with the Design Guidelines. _ M~ _. .., r".:- FIGURE 7 I ~._~~ wY '~~ ~'_ - - . ~ ` -yam .~ .~--~_ FIGURE $ ~~ ,y u -: ~,: PORTABLE SIGNS. The previous Sign Code allowed far any number of freestanding temporary signs, as long as they did not exceed 8 square feet in size. The Sign Code did not regulate where the signs may be located, the materials the signs could be made of, the professionalism of the sign, or how long the sign may be erected. (Figure 9 and Figure 10). Page 4 152 City of Columbia Heights Planning Commission March S, 2008 Text Amendment, Temporary Signage Case # 2008-0203 ~~ ~ ~ _.~~ '~ r -- ., .~ r . ~, ~. ,: 's7C y ` _< F W -fish S , p +, Y .. ~ ~~~ ~C d 1" `-,rte? ~" ~ f _ y +,g_ ++ "Mf"g` `T ~ ~ .C47 _ ~r. h ~ iy~ Y~R''., ~ Vii.. ~ ~~~ ~ r .-n ~,k' f why t FIGURE 9 '"~,. ,~ ~ '~ ~-~- 3 ry FIGURE 10 ~~ ~~°° ~. Ordinance 1523 added language to the Sign Code limiting the number of freestanding portable signs to one per business, as well as the placement of such signs on the property to no closer than five feet from the front property line. Doing so has dramatically reduced clutter associated with the placement of numerous signs along Central Avenue and has increased the aesthetic value of Columbia Height's commercial corridors. Ordinance 1523 has also defined a sandwich board sign and has eliminated the ability for businesses to utilize stick-in-the-ground signs. Staff feels that eliminating "stick-in- the-ground" signs has been beneficial, as these types of signs tend to get knocked down, pulled out of the ground, or blown over. (Figure 11 and Figure 12) ~_...... ~-~~ ~ u. -~.. ~~ ~. ~~. FIGURE 11 FIGURE 12 _ - -,_~ ._,~~ Without effective regulation to establish minimum standards to guide the use of temporary signage, 40th Avenue and particularly Central Avenue was having a shoddy, cluttered and unkempt appearance. Since the establishment of Ordinance 1523, the appearance of Central Avenue and 40th Avenue has dramatically increased. The proposed amendments do not take away the ability for a business owner to utilize Page 5 153 City ofi Columbia Heights Planning Commission March 5, 1008 Text Amendment, Temporary Signage Case # 2008-0203 temporary signage; rather it mandates a set of minimum standards to display a temporary sign, in the same manner as displaying permanent signage. The proposed Ordinance is exactly the same as Ordinance 1523, however would be a permanent ordinance with no sunset clause. 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 goats 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 Guide!:nes !s to establish a bases for implementing the goa!s 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 order to enhance the aesthetic appeal of the city. Page 6 154 (~ity of Mli imhia Haightc Planning (~nmmiccinn March 5; 7[)nF Text Amendment, Temporary Signage Case # 2008-0203 FINDINGS OF FACT The City Council shall make the following four 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 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 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 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 classifcation of land will not change. RECOMMENDATION: City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. M~tl~n: The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. Attachments • Draft Ordinance Page 7 155 f'(17.TTMRTA TTF7!_N't'C _ !'TTV (`l1TTN!"TT.. i.F'TTFR Meeting of: March 10, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY MANAGER'S Hearings Administration APPROVAL NO: ~ , ITEM: Surface Drainage BY: Walt Fehst BY: ~! ~ " Connection and DATE: March 4, 2008 DATE: , ~ Discharge Inspection -~ ~° Incentive Background: On July 12, 2004, Ordinance No. 1472 prohibiting surface drainage connections and discharges into the City of Columbia Heights sanitary sewer system was passed. This addressed an incentive program to dispose of sump pump effluent and indicated a $500 maximum rebate from the city, with an effective date to December 31, 2006. On November 27, 2006, Resolution No. 2006-245 was passed extending the incentive program through December 31, 2008. Proposed Ordinance 1538 is a corrective action to remove the fee and program expiration date and allows reunbursements to be established by resolution. Recommended Motion: MOTION: Move to waive the reading of Ordinance No. 1.538, there being ample copies available to the public. iviOTiON: iviove to adopt Ordinance No. 1538, being an Ordinance amending Ordinance No. 1490, City Code of 2005 relating to surface drainage connection and discharge inspection incentive. COLT?~1CIL ACTION: 156 ORDINANCE NO. 1538 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO SURFACE DRAINAGE CONNECTION AND DISCHARGE INSPECTION INCENTIVE The City of Columbia Heights does ordain: Chapter 8, Article I, Section 8.705 (C) of the Columbia Heights City Code, which currently reads to wit: 8.705 Inspections: (C) Incentive. There are a number of methods to dispose of sump pump effluent. Any property which has an existing illegal connection may apply for financial assistance by requesting a City inspector to verify the illegal connection, have the repair completion verified and submit a receipt for labor and/or materials (self help labor rate valued at $50). Upon verification of the corrective action and costs, the City will remit to the property owner the cost to correct the illegal connection to a maximum of $500 per installation. The property owner may petition the City to abate the problem and assess the property owner's cost for the corrective work over a 1- year period. This incentive program is in effect until December 31, 2006. Is hereby amended to read as follows: 8.705 Inspections: (C) Incentives -Property owner reimbursement and fees related to the program will be set by Resolution. Effective Date. This ordinance shall be in full force and effect from and after thirty days (30) after its passage. First Reading: February 25, 2008 Second Reading: Date of Passage: Offered by: Second by: Roil Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 157 CITY COUNCIL LETTER Meeting of: March 10, 2008 AGENDA SECTION: Public Hearing ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: 1 ~` Reading: Ordinance 1539, Establishing BY: Scott Clark BY: Sullivan Shores Housing Improvement DATE: March 5, 2008 Area Background: On January 22, 2008 staffpresented to the City Council the original request from the Sullivan Shores Townhouse Association. to enter into a Housing Improvement Area (HIA), which gives the City the ability to bond for housing rehabilitation work. (Attached is the January Work Session information, which describes this process in addition to the overall proposed schedule of actions.) In January, Council agreed to proceed with the process. The first step is the formation of the HIA by means of an adopted. Ordinance and the second step will be (scheduled for March 24, 2008) action on the bond fee and establishing the bond sale process. The Ordinance in front of the Council is a first reading and therefore no action taken at this meeting commits either party at this tune. The Ordinance function is to establish the groundwork that all necessary State statutes has been followed regarding public notification, future actions, scope of work and that the only financial limitation is that the term of future bonds will not exceed 15 years and that a 5% reserve will be added to the total financed amount. At this time, staff is still working with the Association to establish a final bond amount including appropriate reserves. Recommended Motion: Move to waive the reading of Ordinance No. 1539, being an ample amount of copies available to the public. Move to set the Second Reading of Ordinance No. 1539, for Monday, March 24, 2008, at approximately 7:00 p.m. in the City Council Chambers. Attaclvnents: Draft Ordinance 1539(1'" Reading Fo1°mat), Letter from January 22, 2008 YVorksession, Master Development Schedule COUNCIL ACTION: 158 CITY OF COLUMBIA HEIGHTS ORDINANCE NO. 1539 AN ORDINANCE ESTABLISHING SULLIVAN SHORES HOUSING IMPROVEMENT AREA BE IT ORDAINED by the Council of the City of Columbia Heights as follows: Section 1. Recitals. 1.01. The City of Columbia Heights ("City"} is authorized under Minnesota Statutes, Sections 428A.11 to 428A.21 (the "Housing Improvement Act") to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. 1.02. The City has determined a need to establish the Sullivan Shores Housing Improvement Area as further defined herein, in order to facilitate certain improvements to property known as the "Sullivan Shores Townhouses," all in accordance with the Housing Improvement Act. 1..03. The City has consulted with the Sullivan Shores Townhouses, Inc. (the "Association") and with residents in the Sullivan Shores Housing Improvement Area regarding the establishment of such area and the housing improvements to be constructed and financed under this ordinance. Section 2. Findings. 2.01. The Council. finds that, in accordance with Section 428A.12 of the Housing Improvement Act, owners of at least 25 percent of the housing units within the Sullivan Shores Housing Improvement Area have filed a petition with. the City Clerk requesting a public hearing regarding establishment of such housing improvement area. 2.02. The Council has on March 10, 2008 conducted a public hearing, duly noticed in accordance with the Housing Improvement Act, regarding adoption of this ordinance at which all persons, including owners of property within the Sullivan Shores Housing Improvement were given an opportunity to be heard. 2.03. The Council finds that, without establishment of the Sullivan Shores Housing Improvement Area, the Housing Improvements (as hereinafter defined} could not be made by the townhouse association. for, or the housing unit owners in, the Sullivan Shores Townhouses. 2.04. The Council further fords that designation of the Sullivan Shores Housing Improvement Area is needed to maintain and preserve the housing units within such area. Section 3. Housing Improvement Area Defined. 3.01. The Sullivan Shores Housing Improvement Area is hereby defined as the area of the City legally described as follows: Lots 1-65, Block 1, Sullivan Shores, Anoka County, MN 159 3.02. The Sullivan Shores Housing Improvement Area contains 65 housing units as of the date of adoption of this ordinance, along with common area. Section 4. Housing Improvements Defined.. 4.01.. For the purposes of this ordinance and the Sullivan Shores Housing Improvement Area, the term "Housing Improvements" shall mean the following improvements to housing units, garages, and common areas within the Sullivan Shores Housing Improvement Area: • Remove all exterior cladding (including siding, soffits, fascia and. trim boards}, roofing materials and damaged roof decking. • Framing repairs, including replacement of deteriorated sheathing, wall studs and damaged framing members. • Replace window flashing. • Remove and re-install windows. • Install new siding, soffits and fascia. • Install new shingle roof and related ventilation. • Install new gutters and downspouts at points of entry, entry doors, garage doors and rear entries at decks and patios. • Miscellaneous mechanical repairs related to above work. 4.02. Housing Improvements shall also be deemed to include: (a) all costs of architectural and engineering services in connection with the activities described in Section 4.01; (b) all administration, legal and consultant costs in connection with the Sullivan Shores Housing Improvement Area; and (c) costs of issuance of bonds to finance Housing Improvements under the Housing Improvement Act, subject to the terms of Section 5.04 hereof. Section. 5. Housing Improvement Fee. 5.01. The City may, by resolution adopted in accordance with the petition, hearing and notice procedures required under the Housing Improvement Act, impose a fee on the housing units within the Sullivan Shores Housing Improvement Area, at a rate, term or amount sufficient to produce revenues required to provide the Housing Improvements (hereinafter referred to as the "Housing Improvement Fee"), subject to the teens and conditions set forth in this Section. 5.02. Any Housing Improvement Fee shall be imposed on the basis of the total cost of the Housing Improvements to be financed by the Housing Improvemen± Fee, divided by the number of housing units in the Sullivan Shores Housing Improvement Area as of the date of any fee resolution. 5.03. The Housing Improvement Fee shall be imposed and payable for a period no greater than 15 years after the first installment is due and payable. 5.04. Any Housing Improvement Fee shall be prepayable in full or in part by housing unit owners within 30 days after the effective date of the resolution setting the Housing Improvement 2 160 Fee, provided. that if only a portion is prepaid, the prepayment amount must be at least 25 percent of the total fee for that unit. After such 30-day period the Housing Improvement Fee (or unpaid portion. thereof} shall not be prepayable. 5.05. The resolution. imposing the Housing Improvement Fee may provide that any fee not prepaid by the housing unit owner shall be deemed to include interest on unpaid Housing Improvements costs at a rate that will produce total fee revenue collected from all units in the Sullivan Shores Housing Improvement Area in an amount that equals 105 percent of the debt service payable each year on the bonds to be issued under Section 6 hereof. 5.06. The Housing Improvement Fee shall be collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes, in accordance with Section 428A.15 of the Housing Improvement Act and Minnesota Statutes, Section 428A.05. As set forth in Section 428A. 14, subd. 2 of the Housing Improvement Act, the Housing Improvement Fee is not included in the calculation of levies or limits on levies imposed under any law or charter. 5.07. The Housing Improvement Fee shall not exceed the amount specified in the notice of public hearing regarding the approval of such fee; provided, however, that the Housing Improvement Fee may be reduced a$er approval of the resolution setting the Housing Improvement Fee, in the manner specified in such resolution. Section 6. Issuance of Bonds. 6.01. At any time after a contract with the Association for construction of all or part of the Housing Improvements has been entered into or the work has been ordered, and the 30-day period for prepayment of the Housing Improvement Fee has expired as described in Section 5.04 hereof, the Council may issue bonds in the principal amount necessary to finance the cost of the Housing Improvements that have not been prepaid together with costs of issuance of the bonds. Such bonds shall be issued pursuant to and in accordance with Section. 428A.16 of the Housing Improvement Act. Section 7. Annual Reports. 7.01. On August 15, 2008 and each August 15 thereafter until there are no longer any outstanding bonds (including refunding bonds) issued under the Housing Improvement Act in connection with the Sullivan Shores Housing Improvement Area, the Association (and any successor in interest) shall submit to the City Clerk Treasurer a copy of the Association's audited financial statements. 7.02. The Association (and any successor in interest) shall. also submit to the City any other reports or information at the times and as required by any contract entered into between that entity and the City. Section 8. Notice of Right to File Objections. 8.01. Within five days after the adoption of this ordinance, the City Clerk Treasurer is authorized and directed to mail to the owner of each housing unit in the Sullivan Shores Housing Improvement Area: a summary of this ordinance; notice that owners subject to the proposed Housing Improvement Fee have a right to veto this ordinance if owners of at least 35 percent of the housing units within the Sullivan Shores Housing Improvement Area file an objection with the City 161 Clerk before the effective date of this ordinance; and notice that a copy of this ordinance is on file with the City Clerk for public inspection. Section 9. Amendment. 9.01. This ordinance may be amended by the Council upon compliance with. the public hearing and notice requirements set forth. in Section 428A.13 ofthe Housing Improvement Act. Section 10. Effective Date. 10.1. This ordinance shall be effective 45 days a$er adoption hereof, or 30 days after the date ofpublication ofthis ordinance, whichever is later. First read at a regular meeting of the Council of the City of Columbia Neights held on March 10, 2008, and finally read, approved and adopted and ordered published at a regular meeting of said Council on , 2008. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: RoIl Call: Mayor- Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 4 162 CITY COUNCIL LETTER Meetin of Januar 22, 2008 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Discussion on the formation of a Housing BY: BY: ° Improvement Area DATE: 3anuary 17, 2008 ~'~ Background: In late 2007 Board. representatives of the Sullivan Shores Townhouse Association approached the City to discuss the formation of a Housing Improvement Area (HIA), as outlined under MSA 428A (attached.) The H1A formation is part of a process that allows a City to fund rehabilitation work through taxable revenue bonds that are secured as general bond obligations. In this case, Sullivan Shares has had. a major water intrusion issue that has resulted in major damage (an estimated $30,000 per unit resulting in a need of $2,000,000 of rehabilitation}. The ability to create HIA's and allow for public funding for improvements was created by the State since many Associations found it difficult to secure private financing (lending institutions disfavor cumbersome loans which in the case of condominiums or townhomes must be broken down to individual unit obligations and obviously there is a benefit of below market financing that bonds produce.) Representatives of the Association will be present at the meeting to discuss their request with the Council. Staff has also enclosed the letter that was sent to their Board which explains the overall process if the Council wants to proceed. Attachments: 1) Residential Moisture Intrusion Inspection Report-May 10 and 11, 2007 Summary Report (the full report will be available at the meeting for Council review}. 2) MSA 428A- Establishment of Housing Improvement Area Legislation 3) Letter dated January 10, 2008 to George Leverentz, President of Sullivan Shores Association Recommendation: Seeking direction from the Council on proceeding Recommended Motion: COUNCIL ACTION: 163 Sullivan Shores Townhouse Association Masteir ®evelopment Schedule Housing Improvement Area Task State Requirement City Requirement Completion Date Action Date Establishment of Housing Im rovement Area Petition Received by Association 25% of units to petition Petition received-February 5, 2008 with a 60165 Vote Public notice to newspaper 7 days Februar 22, 2008 March 10, 2008 Notice to individual homeowner 10 days February 22, 2008 March 10, 2008 Ist Reading b Council March 6, 2008 March 10, 2008 2nd readin b Council March 20, 2008 March 24, 2008 Summary Ordinance Sent to Homeowner 5 days March 27, 2008 Effective Date of Ordinance 45 days 30 days Ma 8, 2008 Ordinance Sent to Revenue Commissioner Within 30 days after 2nd Reading April 27, 2008 Fee Structure Resolution Public Notice to Newspaper 7 days March 7, 2008 March 24, 2008 Notice to individual homeowner 7 da s March 7, 2008 March 24, 2008 Council Action March 20, 2008 March 24, 2008 Summa ~ Resolution Sent to Homeowner 5 da s March 27, 2008 Association Capital Improvement Plan Required by Statutue March 17, 2008 Development Agreement Completed March 17, 2008 Effective Date of Resolution/Ordinance 45 days after March 24,2008 (Veto Period) May 12, 2008 Bond Sale Process 1st Reading at Council March 20, 2008 March 24, 2008 2nd Readin April 10, 2008 April 14, 2008 April Bond Publication April 18, 2008 April 24, 2008 Ma Bond Sale/Cit Council Meeting May 22, 2008 Ma 27, 2008 164 Sullivan Shores Townhouse Associafiion Bond 2nd Week of June 165 CITY COUNCIL LETTER Meeting of March 10, 2008 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: March 4, 2008 DATE: NO: 08-47 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2008-47 - 600 51St Avenue for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-47 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-47 being a 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 licenses listed. COU~dCIL ACTION: 166 RESOLUTION 2008-47 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.40$(A) ofthat certain residential rental license held by Anthony Chester (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 600 51 ~` Avenue 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 February 14, 2008 of an public hearing to be held on March 10, 2008. 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 28, 2008 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 on the Rental Housing License Application. 2. That on February 14, 2008, 'inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation remained uncorrected fromthe initial. license inspection. 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 February 29, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 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: a. Shall remove alUany outside storage fi•om the property. 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 F8665 is hereby revoked. 2. The City will post for the purpose ofpreventing occupancy a copy ofthis order onthe buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first 167 day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 168 CITY COUNCIL LETTER Meeting of March 10, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman ~~°° BY: ~'~~`1` ' , Abatement DATE: March 4, 2008 r ~,. DATE:, NO: 2008-46 . b~ -~ Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at 2008-46 - 4800 4`h Street 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 Numbers 2008-46 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-46 a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 169 RESOLUTION 2008-46 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 Antonio Manjarrez (Hereina$er "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4800 4`'' Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record. on February 14, 2008 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 09, 2008 an inspection was conducted on the property listed above. Inspectors found twelve violations. A compliance order was sent via regular mail to the owner at the address. 2. That on February 14, 2008 inspectors re-inspected the property listed above. Inspectors noted that twelve violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on February 29, 2008 inspectors reinspected the property and found that twelve violations remained uncorrected. 4. That based upon said records ofthe Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove alUany outside storage from the property 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL I. That the property located at 4800 4`'' 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 u1 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. 170 ORDER OF COUNCIL 1. The property located at 4800 4th 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 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 171 o ~ RESOLUTION 2008-46 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 Antonio Manjarrez (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4800 4~' Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on February 14, 2008 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 09, 2008 an inspection was conducted on the property listed above. Inspectors found twelve violations. A compliance order was sent via regular mail to the owner at the address. 2. That on February 14, 2008 inspectors re-inspected the property listed above. Inspectors noted that twelve violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on February 29, 2008 inspectors reinspected the property and found that twelve violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair the sill plate below the back door B. Shall provide steps/stairway approved by code in the rear of the house C. Shall replace damaged screen on storm door on rear doorwaye house D. Shall repair the wooden fence E. Shall cut down/remove all scrub growth from the fence F. Shall install address numbers in the following location(s) G. Shall repair the downspout on the south side of the house H. Shall repair the roof where there is a large section of shingles missing I. Shall remove the dead tree (tree stump) J. Shall install a hand railing for the wooden steps/stairway to the parking area K. Shall repair the wooden railing on the south side L. Shall replace the missing siding on the west side 5. That all parties, including the owner of record and any occupants or tenants, have been given ,the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). o ~ CONCLUSIONS OF COUNCIL 1. That the property located at 4800 4th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4800 4th 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 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk