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Home My WebLink About03/08/2010 RegularCITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 590 40"' Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Councilmembers Vtsitourwebsiteat: w~snv.c°i.crdumbia-lter~hts.nart.us Robert A. Williams Bruce Nawrocki Tamn:era Diehm Bruce Kel=enberg City Mana¢er Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at '7:00 p.m. on Monday, March 08, 2010 in the City Council Chambers, City Hali, 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) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Associate Pastor Jeremiah Rice, Oak Hiil Baptist 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. Congressman Keith Ellison - 5th District of Minnesota B. Columbia Heights Athletic Baosters Club -donation C. Food Share Month 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 minutes of the February 22, 2010 City Council meeting. ps MOTION: Move to approve the minutes of the February 22, 2010 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions pla MOTION to accept the Febr'.~ary 3, 2010 minutes of the Library Board. MOTION to accept the March 8, 2010 minutes of the Planning and Zoning Commission. p14 C. Approve 2010 Board and Commission appointments pa9 MOTION: Move to reappoint Nancy Holum and Patricia Sowada to three year terms on the Library Board; Rob Fiorendino to a four year term on the Planning and Zoning Commission, Dan Swee, Bradley Peterson, Kenneth Henke and Bob Buboltz to two year terms on the Telecommunications Commission; Joseph Goodman and Ed Carlson to four year terms on the Traffic Commission; Tom Greenhalgh to a five year term and David Payne and Kevin McDonald to 2 year terms on the Park and Recreation Commission. City Council Agenda Monday, March 08, 2010 Page 2 of 3 Do Approve Gambling Permit, Immaculate Conception Church Fun Fest August 6-8 2010 p4o MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control. Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo, raffles and. pull-tabs at their Fun Fest event being held August 6-8, 2010 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. E. Approve Access and Indemnification Agreement -Twin Cities Community Land Bank p44 MOTION: Move to approve the Access and Indemnification Agreement with the Twin Cities Community Land Bank as part of the First Look program; further authorizing the Mayor and City Manager to enter into an agreement for the same. F. Adopt Resolution 2010-12, being_a resolution designating; the use of sewer access credits p48 received under the Metropolitan Council's sewer access charge polio MOTION: Move to waive the reading of Resolution 201.0-12, there being ample copies available to the public. MOTION: Move to adapt Resolution 2010-12, being a resolution designating the use of sewer access credits received under the Metropolitan Council's sewer access charge policy. G. Adopt Resolution 2010-16 awarding Street Striping, Resolution 2010-17 awarding Crack Sealing and Resolution 2010-18 awarding Seal Coating Psi MOTION: Move to waive the reading of Resolution 2010-16, there being ample copies available to the public. MOTION: Move to adopt Resolution 2010-16 being a resolution awarding the Joint Powers Agreement Contract ~.vith the City of Coon Rapids for the 2010 Street Striping Project to Traffic Marking Service, Inc, based upon their Pow, qualified responsible bid in the amount of $14.45 per gallon far Street Markings and $90.00 per gallon for Symbol Markings with an estimated cost of $4,000 to be appropriated from Fund 212-43190-4000 and $825 to be appropriated from Fund 101-43170-4000. MOTION: Move to waive the reading of Resolution 2010-17, there being ample copies available to the public. MOTION: Move to adopt Resolution 201.0-17 being a resolution awarding the Joint Powers Agreement Contract with. the City of Coon Rapids for the 2010 Crack Sealing Project to Precision Sealcoating, Inc, based upon their low, qualified responsible bid in the amount of $0.62 per lineal foot for crack sealing with an estimated cost of $9,300 to be appropriated from Fund 212-43190-4000 and $1,300 to be appropriated from Fund 415-51001-4000 and $4,400 to be appropriated from Fund 415-51101-4000. MOTION: Move to waive the reading of Resolution 2010-18, there being ample copies available to the public. MOTION: Move to adopt Resolution 2010-18 being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids far the 2010 Seal Coating Project to Allied Blacktop Company, based upon their low, qualified responsible bid in the amount of $2.50 per gallon of emulsion and $0.66 per square yard of aggregate with an estimated cost of $90,500 to be appropriated from Fund 415-5100]-51.85 and $27,500 to be appropriated from Fund. 430- City Council Agenda Monday, March 08, 2010 Page 3 of 3 46323-51.85. H. Approval of the attached list of rental housing licenses which have met the requirements of the Pro e~rty Maintenance Code. psi MOTION: Move to approve the items listed for rental housing licenses for March 8, 2010. I. Approve Business License Applications p6a MOTION: Move to approve the items as listed on the business license agenda for March 8, 20].0 as presented. J. Approve payment of the bills. p6e MOTION: Move to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 133774 through 133953 in the amount of $869,452.78. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1 st Readina of Ordinance 1576, being a Zoning Amendment as it relates to setbacks in the R-3 District. p~3 MOTION: Move to waive the reading of Ordinance No. 1576, being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1576, far Monday, March 22, 2010, at approximately 7:00 p.m. in the City Council Chambers. 1st Reading of Ordinance 1577, being a Zoning Amendment as it relates to Planning Fees p80 MOTION: Move to waive the reading of Ordinance No. 1577, being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1577, for Monday, March 22, 2010, at approximately 7:00 p.m. in the City Council Chambers. B. Bid Considerations -none C. Other Business -none 8. ADMINISTRATIVE REPORTS Report of the City Manager P~eport of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. ADJOUPI'~I~~I ANT Walter R. Fehst, City Manager W F/pvm --- ; WHEREAS, hunger exists in communities even in the best of economics, and WHEREAS, nearly half of hungry Minnesotans are children twelve years old and younger, and WHEREAS, the fastest growing groups of hungry Minnesotans are senior citizens, and WHEREAS, the creeping effects of hunger in the life of an individual or family can range from poor health and slowed recovery from injury and. illness to poor performance at school and at work, and WHEREAS, the impact of this on lives and communities can be devastating, and WHEREAS, food shelves in Minnesota distribute millions of pounds of food annually to ease the effects of hunger, and. WHEREAS, food shelf visits remain at record highs, increasing each year, and WHEREAS, the SACA food shelf in Columbia Heights has also seen significant numbers of those in need, and WHEREAS, the Minnesota FoodShare March Campaign is responsible for acquiring more than half the food distributed annually through food shelves, and WHEREAS, the s7access of the Minnesota FoodShare March Campaign depends upon the participation of businesses, civic groups, schools, congregations and individuals in every community, NOW THEREFORE 13E IT RESOL~JEL~ that I, Mayo Gary L. Peterson do hereby proclaim the month of March to be MI1`~1~I1~.SO~I~A F{)C)DSIiARI ME)~Tl-1 in Columbia Heights, and urge everyone in this community and an communities throughout Minnesota to donate food items and/or funding to the local food shelf during March to ensure that all of our neighbors will have food enough to share fully in the Life of our community. Mayor Gary L. Peterson OFFICLAL PROCEEDINGS CITY OF COLI7MBIA HEIGHTS CITY COUNCIL MEETING MONDAY, FEBRUARY 22, 2010 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, February 22, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Dave Briley, Oak Hill Baptist Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to add: pedestrian bridge bids, February 16 work session, Anoka County WiFi study, letter regarding Goggle fiber optic program, public works hearings, staff attendance at the fiscal. consultant seminar, and Grand Central Loft project meeting/informational meeting. POCL TIONS, PRESENTATIONS, COGNITION, OUNCE NTS, GUESTS none CONSENT AGENDA Peterson stated that in the absence of the Cit;~ Manager, Kevin Hansen, Public l~~orks Director, would take Council members through. the Consent Agenda. Nawrocki requested to remove Item D - acquisition of 4600 Polk. Kevin Hansen, Public Works Director: A. Approve minutes of the February 8, 2010 City Council meeting. Motion to approve the minutes of the February S, 2010 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the January 6, 2010 minutes of the Library Board. Motion to accept the January 21, 2010 minutes of the Charter Commission. C. Authorize payment of $16,243.22 to Anoka County for administering the 2009 Tax Increment Financing Laws of Minnesota Truth in Taxation and Special Assessments with expenses being charged to the TIF Debt Services Fund and the General Fund. Motion to authorize payment of $16,243.22 to Anoka County for administering the 2009 Tax Increment Financing Laws of Minnesota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. D. Adopt Resolution 2010-11, being a resolution approving acquisition of 4600 Polk Street. - removed E. Authorization to seek bids for the 2010 Miscellaneous Concrete Replacement and Installation Protect Motion to authorize staff to seek bids for the 2010 Miscellaneous Concrete Replacement and Installation Project. City Council Minutes Monday, February 22, 2010 Page 2 of 7 F. Approve final payment for 2009 Sanitary Sewer Lining Project No 0904 Hansen stated that the sanitary sewer lining bill was $1,000 under the bid price. Motion to accept the work for Sanitary Sewer Lining, City Project No. 0904, and to authorize final payment of $112,196.00 to Visu-Sewer, Inc. of Pewaukee, Wisconsin. G. Approval of the list of rental housing applications. They have met the requirements of the Property Maintenance Code. Motion to approve the items listed for rental housing license applications far February 22, 2010. H. Approve Business License Applications Motion to approve the items as listed on the business license agenda for February 22, 2010 as presented. 1. Approve payment of the bills Motion to approve payment of bills out of the proper funds, as listed in the attached. check register covering Check Number 133618 through 133773 in the amount of $1,075,190.96. Nawrocki stated that it would be helpful if the dollar amount were indicated on the rental license requests. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items, with the exception of item D. Upon vote: All ayes. Motion carried. D. Adopt F.esolution 2010-11, being a resolution approving acquisition of 4600 Polk Street Nawrocki stated that by taking this property off the tax rolls we lose $1,781 in property tax. He asked who will pay the 2010 taxes. Scott Clark, community Development Director, stated the taxes would be prorated with the remainder paid as part of the purchase. Clark stated the demolition cast would be approximately $1,400 to $1,700 and would be paid through Community Development Block Grant Funds. Nawrocki questioned if there were any additional costs. Clark stated there would be closing costs of approximately $900. Nawrocki questioned rehab costs. Clark stated that this program is aimed at density reduction in this area. Nawrocki questioned the attempt to reduce density when two blocks away we are looking to increase density with rental units. Williams stated the importance of this purchase, as it is part of our plan in the Sheffield area. This should have been done years ago. Motion by Diehm, second by Williams, to waive the reading of Resolution 2010-11, there being ample copies available to the public, Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2010-11, approving the acquisition of property located at 4600 Polk Street Northeast; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: Keizenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Nawrocki stated that he was on the City Council when the Sheffield area came to be and he was against it because there was a Iot of rental, with no where to park and no where for kids to play. 6 City Council Minutes Monday, February 22, 2010 Page 3 of 7 Peterson stated. that we started this program years back, but started slow. We are back on track and want to get the area cleaned up. This is a duplex on a small lot and falls in line with our program. PUBLIC HEARINGS A. Adopt Resolution Numbers 2010-07 maximum permitted basic pro~ramminP service rate and 2010-08, maximum permitted equipment and installation rate Telecommunications Commission Attorney Steve Guzzetta, of Bradley and Guzzetta, stated that it is time to act on Comcast rate forms FCC1240 governing basic service rates and FCC1205 governing installation rates that can be charged in the city. The City does not do an in depth analysis of the rate forms, but instead adapts resolutions reserving our rights and neither approving nor denying Comcast's filed rates. Under FCC regulations we need to hold a public hearing to provide interested persons an opportunity to comment on Corncast's rate forms. The Telecommunications Commission has reviewed the resolutions and recommends adoption of both resolutions. Williams asked if basic cable is still free. Guzzetta stated that we have universal peg service and the peg channels are free. That is different from basic service, which includes broadcast channels, pegs and some additional channels that Comcast makes available. That is not free. The free channels are the public education/government access channels. Deb Johnson, 4626 Pierce Street, indicated her frustration that Comcast is doing an upgrade and she will need to have a box to continue receiving premium and universal channels. She stated that she tried this upgrade previously and returned the box because it was too difficult to do basic functions. She stated that she is upset that she will have to go back to the box set up. Nawrocki stated that the only other options are a dish or wireless; the disadvantage is that the local channels would not be available. We have had negotiations with Comcast far a new franchise, as the existing franchise has expired. They want to discontinue the free access far Local channels. The committee has resisted their recommendation to require the basic fee for local channels. The rates in these resolutions are $15 to $17 per month. The biggest part of the fee is far the other channels and we have no control on those charges. Congress, in 1996, gave the cable people a license to steal and they are exercising that license. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2010-07, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution 2010-07, being an Order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission form 1240 Bled by Comcast on or about March 1, 2009. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 201.0-08, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution 2010-08, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 Bled by Comcast on or about March 1, 2009. Upon vote: All ayes. Motion carried. City Council Minutes Monday, February 22, 2010 Page 4 of 7 ITEMS FOR CONSIDERATION A. Other Ordinances and. Resolutions -none B. Bid Considerations -none C. Other Business Nawrocki referred to the purchase of a CSO vehicle approved at the last meeting and indicated what he felt were inaccuracies in cost of fuel, outfitting the vehicle, cost of maintenance, and vehicle depreciation. Nawrocki described the LMC webinar regarding the Governor's LGA reductions that he participated in. We need to take action anticipating the loss for this year and coming years. He referred to the use of reserves and our debt service on the Public Safety building. We should look at removing the budget add-backs this year to be more frugal. Peterson stated that the City Manager and Finance Director are working hard on these issues. ADMINISTRATIVE REPORTS Report ofthe Acting City Manager Hansen stated that a public informational meeting on road projects will be held at City Hall on Tuesday at 5:00 p.m. for resident comments and concerns. March 1 work session items include: ordinance amendments (housekeeping issues] for refuse/recycling, tree and weed services, sewer and water utility services, and the six city WMA joint powers agreement. The watershed managements plan will have significant changes to it. Nawrocki stated that the road improvement hearings should be held at regular council meetings so those that can not attend can see the meetings on T.V. Nawrocki stated that he wants to see the pedestrian bridge bids before authorization is requested. Peterson requested this for the entire council. Nawrocki referred to the green sheet coanment that the police department has contracted with the City of Brooklyn Center to use our gun range and that funds would be used for training. These funds should be used to pay for casts of the public safety building. Other funds received, such as from grants, should not be used for additional expenditures, but current budget costs. Nawrocki requested information obtained by staff at the Anoka County meeting on WiFi. Nawrocki referred to a letter suggesting the City participate in a Google survey for WiFi and stated that more information should be obtaining to see if it meets our needs and desires. Nawrocki stated that three staff attended a fiscal seminar put on by the City's fiscal agent, which cost us about $3,200 in staff wages. He requested to see a summary of items discussed, The City Manager was a speaker at the event. Did he receive a reduction in the attendance fee? Nawrocki indicated that tomorrow's EDA meeting would discuss Grand Central Lofts eliminating 134 owner/occupied units and downsizing the units to 200 rental units. At the January 13 information meeting attendees were promised they would receive notice of additional meetings. Were these people notified? Clark indicated that notices were sent for the Planning and Zoning Commission meeting. If all persons were not notified, the additional notices will be sent tomorrow. Report of the City Attorney -nothing to report. a City Council Minutes Monday, February 22, 2010 Page 5 of 7 CITIZENS FORUM Deb Johnson, 4626 Pierce Street, indicated that meeting agendas for boards and commissions have not been consistently placed on the web site. Peterson indicated that we have work to do on the site and our cable equipment and we need to get moving on it. Our discussion with Comcast is ongoing and hopefully can be resolved soon. Diehm indicated that the SACA food shelf Empty Bowls fundraiser will be held on March 1, beginning at 4:30 p.m. Support our local food. shelf. Peterson stated: Don't forget our service men. and woman that are risking their lives for us every day. Keep them in your thoughts and prayers. Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 7:51 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION N0.2010-11 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 4600 POLK STREET NORTHEAST IN THE CITY AND ASSIGNMENT THEREOF TO THE CODUUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL (the "Council"} OF THE CITY COLUMBIA HEIGHTS, MINNESOTA ("the City") AS FOLLOWS: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority (the "Authority"} has established the K-Mart/Central Avenue Tax Increment Financing District (the "TIF District") within the Central Business District Redevelopment Project (the 'Project"}, and have adopted a Tax Increment Financing plan ("TIF plan"} far the purpose of financing certain improvements within the Project. 1.02. The City and Authority have undertaken a program to acquire homes in the project in order to address blighting issues and reduce density and provide future redevelopment opportunities. 1.03. The City or Authority may incur certain costs related to the TIF District or Project, which costs may be financed on a temporary basis from available Authority or City funds. 1.04. The City, using available TIF District funds, intends to acquire certain property in the City located at 4600 Polk Street (the "Property"} within the Project, all or a portion of which Property the Authority or City may use to further redevelopment within the Project. 1.05. City staff have negotiated a Real Estate Purchase Agreement with Keller Williams (the "Seller"} dated February 9, 2010 including all related addenda and disclosures thereto ('Collectively, the "Purchase Agreement"}, for real property located at 4600 Polk Street Northeast and legally described as follows: Lot 14 except N 30 feet and all of Lot 15, Block 2, Sheffields 2"d Subdivision; (the "property"), which Purchase Agreement is contingent upon approval of the Council. 1.06. The City intends to assign its interests in the Purchase Agreement to the Authority, contingent only upon acceptance by the Authority of such assignment. 1..07. The Purchase Agreement has been prepared and submitted to the City and is on file with the City Manager. Section 2. Approval and Assi n~ ment 2.01. The Purchase Agreement for the Property is hereby approved, and the execution of the Purchase Agreement by the City is hereby ratifieda Pursuant to the Purchase Agreement, the City will purchase the Property for to $110,000. City staff and officials are authorized and directed to take all such other actions to complete the purchase of the Property, including without limitation execution of all documents and agreements related to such transaction. 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and officials are authorized and directed to take all such other actions to complete the assignment of the City Council Minutes Monday, February 22, 2010 Page 6 of 7 City's interests in the Purchase Agreement to the Authority, including without limitation execution of any documents and agreements necessary to effectuate such assignment. RESOLUTION N0.2010-07 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, 2009 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 franchise holder, filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services", on or about March 1, 2009, purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the "2009 FCC Form 1240"); and WHEREAS, the City held. a public hearing to solicit the views of interested persons concerning the 2009 FCC Form 1240; and WHEREAS, the rate set forth herein will govern Comcast's basic service rate until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rate for basic cable service, as calculated in the 2009 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 2009 FC'C' Fnrln 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. § 76.1.603, 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 2009 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 2009 FCC Form 1240. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2009 FCC Form 1240 in order to determine the impact, if any, such data and documents have on rates proposed in future basic service rate filings; (ii) the right to address issues raised in the 2009 FCC Form 1240 that are relevant to any City review of subsequent basic service rate filings; and (iii) the right to request additional information concerning the 2009 FCC Form 1240 that is relevant to any City review of subsequent basic service rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been. issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). RESOLUTION NO. 2010-08 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 FILED BY COMCAST ON OR ABOUT MARCH 1, 2009 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 10 City Council Minutes Monday, February 22, 2010 Page 7 of 7 WHEREAS, Comcast Cable Communications, LLC (hereinafter "Comcast") filed with the City an FCC Form 1205 "Determining Regulated Equipment and Installation Costs, `Equipment Form"' (hereinafter the "2009 FCC Form 1205"), on or about March 1, 2009, 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 2009 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: I. Comcast's maximum permitted rates and charges for equipment and installation, as calculated in the 2009 FCC Form 1205, are neither approved nor denied, but may function as a rate ceiling during the relevant rate period. 2. Comcast shall not charge any rates higher than the applicable maximum permitted rates set in the 2009 FCC Form 1205 nor increase those rates, unless such rates are first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1.603, or as otherwise expressly pem~itted 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 2009 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 2009 FCC Form 1205. S. 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 2009 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} th? right to address issues raised in the 2009 FCC Form 1205 that are relevant to any City review of subsequent equipment and installation rate filings; and (iii) the right to request additional information concerning the 2009 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}. 11 ~~ ~\ Approved. \~,,r, ,~,~.... 3/3/2010 COLUMBIr1 HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES February 3, 2010 The meeting was called to order by Chair Patricia Sowada, at 6:36 p.m. Members present were: Nancy Hoium, Patricia Sowada, Barbara Tantanella, anal Lynette Thomson. Also present: Becky Loader, Stacey Hendren and City Council Representative Bruce Kelzenberg. Not present: Catherine Vesley. The minutes of the January 6, 2010, Board meeting were approved as mailed. The bill list dated 1/25/10 (2009 bills) was reviewed. It was moved, seconded and passed that the bills be paid. The 2009 accounting dated 2/3/10 was reviewed. The bill list dated 1/25/10 (2010 bills} was reviewed. It was moved, seconded and passed that the bills be paid. The bill list dated 2/8/10 (2010 bills} was reviewed. It was moved, seconded and passed that the bills be paid. The 2010 accounting dated 2/3/10 was reviewed. ~}ld Business: 1. Sixty-one applications were received for the open Adult Services Librarian position. Loader and Linda Magee, Human Resources Director, conducted 9 interviews and 2-3 candidates will be called back for 2aa interviews at the Library the week of February 8`~'. 2. The new hours approved in the 2010 budget began February 1, 2010. Staff is continuing to educate patrons and. the increase of hours has been well received. 3. Loader met with Aleksandr Chernin and Jesse Hauf, IS department, to discuss expending the Gates Grant monies. The computers and necessary equipment for installation will be ordered for a tentative March arrival. Cost estimates show that the grant will cover additional items including Deepfreeze, MacAfee, Cybraryn, a server, and additional Internet and PAC terminals. Hoium questioned whether the Library has furniture for the new terminals. Loader stated t}.1at they plan an buying inexpensive desks. The Board discussed the difference between the inexpensive furniture and the sturdier Buckstaff that matches our current furniture, as well as the possibility of the furniture expense being covered by the donation account. It was moved that we order Buckstaff furniture for the new stations if it can be worked out financially. The motion was carried. ~. Library staff is preparing two versions of the Annual Report. The City version, which includes mostly narrative information, is due the first Friday in March. The State version, which includes mostly financial and statistical data, is due April 1S` New Business: 1 e The crossover statistics for December were reviewed. It was noted that these are the statistics for the end. of December and the year-end statistics will be available at a later date. 12 2. Loader met with NSI/Horowitz to discuss the preparation of bids for equipment replacement in the Library. NSI/Horowitz will be preparing specifications for replacing the 1965 boiler and the central air conditioning unit. The two smaller units on the roof will be added as an addendum to the proposal. Energy programs will be looked into for all units. NSI/Horowitz recommended putting a tarp and seal on the center unit in the meantime to slow the leak. This project has been completed. Copy machines and the Library's print manager will be purchased. in a joint project with Public Works and City Hall to obtain the best total cost. The Board discussed what a print manager does and how it will benefit the Library staff. Bill Elrite, Finance Director, plans on having this project completed before summer. Loader presented a handout containing the Annual costs for the Automated Circulation System, which is now the Integrated Library System from 2007 to the present. Eight areas of service were cited, and the Board discussed the changes in detail. There have been no changes in Notices, the TI and Access Point Maintenance charges are discontinued and have been replaced with the IS Support charge and the Comcast Static IP. An increase in cataloging charges is expected, but final figures have not been received. There has been a major increase in tl~e cost of the ILS due to the outsourcing of SIRSI. This amount is based on Columbia Heights' percentage of total circulation and collection. The final area concerns activating the collections module in Workflows and figures are expected for this service. Itema froffi the Floor: 1. Steve Smith, longtime patron of the Library, will be cleaning, staining and sealing the Boardroom. table in February. 2. Sowada asked what the criteria were for discarding Library books. Loader stated age, wear, condition, currency and nonuse. There being no further business, the meeting was adjourned at 7:32 p.m. Respectfully submitted, Stacey R. Hendren. Secretary, Library Board of Tnistees. the City of`Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or ernployrnent in, its services, programs, or activities. Upon request, accornrnodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 13 PLANNING AND ZONING COMIVIISSION MINUTES OF THE REGULAR MEETING MARCH 2, 2010 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Commission Members present- Thompson, Fiorendino, Schmitt, Peterson, and Szurek Also present were Gary Peterson (Council Liaison), Jeff Sargent (City Planner), Scott Clark (Community Development Director}, Council member Bruce Nawrocki, and Shelley Hanson (Secretary). Motion by Schmitt, seconded by Petersen, to approve the minutes from the meetings of January S, 2010. All ayes. MOTION PASSED. PUBLIC HEARINGS (The cases were heard out of number sequence). CASE NUMBER: 2010-0301 APPLICANT: Cinders Greenhouses LOCATION: 4300 Central Ave REQUEST: Interian Use Permit (Outdoor Seasonal Sales) INTRODUCTION Cinder's Greenhouses has applied for an Interim Use Permit for the operation of a seasonal mini-garden center for flowering plans and retail sales. The City of Columbia 1-leights 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. The specific development standards for an outdoor sales/display establishment are found at Section 9.107 (C)(28), and will be added as conditions of approval for this permit. The will be the Cinder's 21S` year operating a temporary greenhouse at t1--is locatio~i iii Columbia Heights. The 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 fre 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. CO REHENS PL 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 zoning 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 144,900- square foot commercial building is required to have 483 parking spaces. After 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. 14 Planning & Zoning Commission Minutes Page 2 of 25 March 2, 2010 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: 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. Outdoor sales/display establishments are an Interim Use in the GB, General Business District, and are considered retail sales, which are permitted. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides the subject property for commercial use. Outdoor sales/display uses are allowed as conditional uses in all residential districts. 3. The use will. not impose hazards or disturbing influences on neighboring properties. The closest residential property to the south is over 300 feet from the proposed temporary use. In addition, the amount of space dedicated for the greenhouse sales is relatively small at approximately 1,000 square feet. Therefore, the proposed temporary use should not have any detrimental impact on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. The garden center as proposed will have no impact on the use of adjacent properties. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. Linder 's has been in operation for 20 years at this location, with the City experiencing no complaints. The proposed garden center should not negatively impact the existing character of the vicinity. 6. Adequate measures have been or will he taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The traffic generated by the garden center will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicaied by prior descriptions, the garden center should not ha~~e a negative impact on other uses in the immediate vicinity, which are zoned for a°esidential and commercial uses. Staff recommends that the Planning Commission approve the Interim Use Permit for seasonal agricultural sales subject to conditions of approval outlined below. Questions from members: Schmitt asked. if any other businesses had made a similar request yet. Sargent responded that there haven't been any other requests to date. Fiorendino asked if they were making any changes in the setup or layout of the space. Sargent told him it would be the same as they have done in years past. Public Hearing O ep nod: No one wished to speak on this matter. Public Hearing Closed. Motion by Peterson, seconded by Thompson, that the Planning Commission approves the Interim Use Permit for seasonal agricultural sales at 4300 Central Avenzze NE from April 15 through July 15, 2010, 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: Outdoor agricultural/produce sales located within the public right-of--way are prohibited. 15 Planning & Zoning Commission Minutes Page 3 of 25 March 2, 20 t 0 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. -l. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two (32) square feet per sign. S. The outdoor storage shall be located as indicated on the site plan. 6. A $~00 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned ttp. 7. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. All ayes. MOTION PASSED. RESOLUTION N0.2010-PZOl RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN INTERIM USE PERMIT FOR LINDER'S GREENHOUSES, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2010-0301) has been submitted by Linder'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, 2010 to July 15, 2010. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 2, 2010; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan 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, THEREFO , BE Ili' SOLVED by the Planning and Zoning Commission 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 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. Adequate measures have been or will be taken to minimize traffic congestion on the pubic streets and to provide for appropriate on-site circulation of traffic. 7. The use wilt not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 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 (Z) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Outdoor agricultural/produce sales located within the public right-of--way are prohibited. 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. 16 Planning & Zoning Commission Minutes Page 4 of 25 March 2, 2010 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 Community Development Department prior to installation of the structures 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 wail for safety vehicular access. Passed this 2"d day of March 2010, Offered by: Peterson Seconded by: Thompson Roll Call: All ayes CASE NUMBER: 2010-0304 APPLICANT: Randy Yeary LOCATION: 4048 Central Avenue REQUEST: Site Plan Approval for Siding INTRODUCTION Sargent stated that Randy Yeary is requesting a site plan approval for new siding on the building he owns at 4048 Central Avenue. Mr. Yeary purchased the property with the intent on making major improvements in order to have apartment tenants move into the upstairs. The proposed new siding for the building requires a site plan approval because the property is located within the Design Overlay Downtown District. Sargent reviewed pictures of what the building looked like before the remodeling and of what it currently looks like since he started. the remodel. COMPREI~ENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities. One of the goals of the Comprehensive Plan is to enhance the image and viability of the Central Avenue corridor. One way to accomplish. this goal is for the businesses along Central Avenue to conform to the Design Guidelines far commercial-related activity. The proposed site plan meets the intent of the Comprehensive Plan. ZO G O CE The property is located in the CBD, Central Business District, as are the properties to the north, south and east. The properties to the west are zoned R-3, Multiple Family Residential. The subject parcel is also located within the Design Overlay Downtown District, and is subject the regulations for such properties. DESIGN GUIDELINES BUILDING MATERIALS. The Design Guidelines specify the types of building materials required for all buildings along Central Avenue. A list of accepted primary materials includes: brick, natural stone, stucco and precast concrete units and concrete block, provided that surfaces are molded, serrated or treated with a textured material in order to give the wall surface athree-dimensional character. A list of prohibited materials include: unadorned plain or painted concrete block, tilt-up concrete panels, pre-fabricated steel or sheet metal panels, aluminum, vinyl, fiberglass, asphalt or fiberboard (masonite) siding. Originally, the applicant proposed to install vinyl siding on the top half of the entire building, as he was unaware that the City had Design Guidelines governing the type of building materials that he may use. Once informed of the Design Guidelines, the applicant agreed to place a combination of stone and stucco on the front of the building, but contended that he would not be able to afford to cover the entire building with such materials. The applicant had a specific budget for upgrading the building prior to buying it, and discovered many more corrections that the building needed after purchasing it, which depleted his budget. Mr. Yeary's proposal is to cover the entire front of the building with a combination of stone and stucco, and 17 Planning & Zoning Commission Minutes Page 5 of 25 March 2, 2010 wrap those materials around the corners for 1-2 feet. From there, he would side the remainder of the building with a heavy gauge (0.046") thick vinyl siding, using Earth-tone colors. In this case, staff feels that the deviation from the Design Guidelines can be justified. This is an existing, old building in dire need of repair and upkeep. The north side of this building is located approximately 4 feet from the neighboring structure, and passersby would have difficulty seeing any type of siding on that wall. The south side of this building is visible from Central Avenue, but not entirely. The west side (back) of the building abuts residential zoning and residential uses to the west across the alley. Being that vinyl siding is typical in a residential context, staff feels that the building would fit into the surrounding area. FINDINGS OF FACT Site Plan Approval Section 9.104 (M} requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The proposed site plan meets all the Design Guidelines standards for building materials, but the applicant is requesting a deviation from the guidelines for a paf°tian of the building. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposed site plan is consistent with the Comprehensive Plan in that the proposal will upgrade an existing commercial business and will enhance the image and viability of the Central Avenue corridor. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The proposed site plan will upgrade the image of the surrounding area tremendously. The proposed devtation from the Design Guidelines will also fit into the character of the surrounding properties as it incorporates design elements commonly seen in residential districts. Staff recommends approval ofthe proposed site plan with the proposed deviations from the Design Guidelines, as it is consistent with the Comprehensive Plan and will severely upgrade the appearance of the building, enhancing the image of the Central Avenue corridor. Questions from members: Fiorendino asked if construction had already started. Sargent said he has done some interior work and replaced the windows, He also removed the oId stucco to replace rotted wood. His original plan was to replace the stucco brick with vinyl siding on the entire building, but when he came in for the building permit, staff told him that wasn't possible since the building falls under the Design Guidelines. Schmitt asked if he would be using stucco and stone on the front. Mr. Yeary said he would be using the stone on the entire front of the building and wrapping it around the sides. He showed the members samples of the stone and also of the vinyl he will use. He told members he would be using either the Sandstone, Clay or Khaki color for the vinyl. Szurek thought the stone looked very nice. She then asked how many units he would be renting in the upper level. Yeary said there would be four (1 BR) units, the same as before. He told members he has completely remodeled the inside by installing new windows, sheetrock, appliances, plumbing, electrical, etc. Fiorendino asked haw long it had been since someone lived in the units. Yeary said it's been at least 15 years. 18 Planning & Zoning Commission Minutes Page 6 of 25 March 2, 2010 Peterson thought his choice of stone will look nice on the building. He suggested wrapping it around the windows on the sides of the building to tie the front and sides together. Peary said he would consider it as an option once the work commences. Public Hearing_Opened: No one wished to speak on this issue. Public Hearing Closed. Motion by Schmitt, seconded by Peterson, to waive the reading of Resolution No. 2010-PZ02, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Schmitt, seconded by Peterson, to adopt Resolution No. 2010-PZ02, being a resolution approving a sr.'te plan for new siding for the building located at 4048 Central Avenue. All ayes. MOTION PASSED. RESOLUTION N0.2010-PZ02 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR NEW SIDING FOR THE COMMERCIAL BUILDING LOCATED AT 4048 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2010-0304) has been submitted by Randy Peary, to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4048 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE P.PPLICANT SEEKS TY.E FOLLOWING PEP.MiT: Site Plan approvai for new siding for the commercial building located at 4048 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 2, gala; WHEREAS, the Planning and Zoning Commission has considered. the advice and recommendations of the City staff regarding the effect of the proposed site plan 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, ar~d risk. to public safety in the surrounding areas; and NOW, THE FORE, BE IT RESOLVED by the Planning and Zoning Commission 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 minimizes any adverse impacts on property in the immediate 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 (1~ calendar year after the approval date, subject to petition for renewal of the permit. CASE NUMBER: 2010-0303 APPLICANT: Grand Central Apartments, David Kloeber, Jr. LOCATION: 47th Avenue & Grand Avenue 19 Planning & Zoning Commission Minutes Page 7 of 25 March 2, 2010 REQUEST: Minor Subdivision, Site Plan Approval INTRODUCTION Sargent stated that the applicant is requesting two (2) land use actions. They are as follows: 1. A minor subdivision per Code Section 9.104 (K) to split off a portion of existing "Outlot A" as described in the Grand Central. Lofts plat. The newly created parcel will then be grouped with existing Lots 1 and 2, Block 1 of the Grand Central Lofts plat to assemble land needed far the construction of two 100-unit apartment buildings. 2. A Site Plan Approval per Code Section 9.l 04 (N) for the construction of two 100-unit apartment buildings at the northeast corner of 47`" Avenue and Grand Avenue in the City of Columbia Heights. BACKGROUND In August 2004, the City Council approved the Final Plat for the Grand Central Lofts. The proposal included the construction of 218 total units of housing, consisting of three 66-unit condominium buildings and 20 townhomes. Per the executed Development Agreement, the project was to take four years to complete. To date, 10 of the 20 townhomes have been constructed, as well as one of the three 66-unit condominium buildings. Since the original approval of the Final Plat, David Kloeber has purchased the Grand Central Lofts project and has expressed the desire to continue its development. Mr. Kloeber is proposing to construct two 100- unit apartment buildings, which would replace the two 66-unit condominium buildings yet to be built. Once constructed, the Grand Central Apartment project will be a completely separate entity from. the Grand Central Lofts project with site modifications, and for this reason a new site plan approval for the proposed development is required. It should be noted that the City's Economic Development Authority (EDA) would still be required to amend the original Development Agreement allowing for the construction of the 200-unit apartment complex. This approval by the EDA has nat yet been made. CO S L The Comprehensive Plan guides this area for Transit Oriented Development, Specifically, the Comprehensive Plan states that these areas "will focus on the commuting needs of Columbia Heights residents. As a result, a higher percentage of service-oriented commercial/retail development will be necessary with high-density residential development providing the balance of the development. Mixed-Use pedestrian-oriented development near transit nodes will provide opportunities for high-density residential and neighborhood commercial development. Redevelopment of these areas will also provide the opportunity for pedestrian linkages to other parts of the community and improvement of the overall non- motorized circulation system within the community that will help improve the image of Columbia Heights." The proposed plan complies with the Comprehensive Plan designation for the following reasons: ^ The development is located along an existing transit route; ^ New residents will be able to commute to work via the existing transit routes; ^ The development will be ahigh-density residential development, including a community building for its residents. These residents will also be able to patronize any business along Central Avenue via transit, and; ^ The development will provide pedestrian. connections to and through the subject properties. ZONING ORDINANCE The subject property is zoned MXD, Mixed Use Development District. The intent of this district is to encourage a flexible high-quality design strategy for development and/or redevelopment of specific areas within the community. Careful analysis of the site plan revealed elements of the proposal that are 20 Planning & Zoning Commission Minutes Page 8 of 25 March 2, 2010 consistent with the type of developments sought in the MXD District. There are three development district types within the MXD District. They include: the Transit Oriented Mixed-Use, the Community Center Mixed-Use and the Transitional Mixed Use. Due to the underlying Comprehensive Plan Land Use guidance of this area, the proposed project would fall under the Transit Oriented Mixed-Use type. According to the Zoning Code, the purpose of the Transit Oriented Mixed Use type is to ``promote development and redevelopment that facilitates linkages and interaction of transit services, housing and neighborhood services. The focus of land use within this district is to ensure a pedestrian-friendly environment and pedestrian connections to and from residential development and transit facilities. The mix of land use shall be flexible to help facilitate a successful development (12 units/acre minimum)." In the MXD, building setbacks shall be regulated by the final site plan and Planning Agreement approved by the City Council, based on the following findings: 1. The setbacks provide adequate distances from uses in adjacent districts. 2. The setbacks maintain and enhance the character of the neighborhood in which the mixed-use development is located. Although the setbacks far the buildings are flexible, there are other elements of the proposed development, which require adherence to the Zoning Code. They are as follows: Parking. Sargent explained that the legal ad stated there would be a variance request regarding the parking requirements. However, since that notice was published, the Developer has changed the plan so the variance is no longer required. The City's Zoning requires a minimum of one enclosed parking stall for every bedroom (up to two bedrooms) in amulti-family residential building. The proposed plans indicate that each 100-unit structure will have 67 one-bedroom units and 33 two-bedroom units. Therefore, each 100-unit building will have 133 bedrooms, which requires 133 enclosed parking stalls. The plans indicate two levels of underground parking. The first level of parking will include130 parking stalls and the second. level of parking will include 140 parking stalls, far a total of 270 stalls. In addition. to the underground parking, the applicant is proposing 20 on-site parking stalls used far visitors of the tenants. Density. In the MXD District, the Transit Oriented Mixed-Use type requires a minimum of I2 units per acre. The maximum density allowed in the district is 20 units per acre. Per code, maximum densities may be increased by up to 50% at the sole discretion of the City Council if at least 50% of the required parking is provided by underground parking or parking in ramps. The proposed plans indicate that 100% of the required parking will be Iocated underground. For this reason, the maximum density may be increased to 30 units per acre. i~Vhen complete, the development as a whole wile include 20 townhomes, 66 condominiums and 200 apartments, for a total of 286 units. To meet the 30 units per acre requirement, these units would have to be placed on 9.5 acres of land. The total development is approximately 11 acres, meeting the minimum requirements for density. 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 one over-story tree for each 20 spaces or fraction. thereof as well. The property at 4707 Central Avenue has approximately 1,000 feet of street frontage along Grand Avenue and 47`" Avenue, and incorporates 20 above-grade parking stalls. This requires 21 trees. The proposed plans indicate a total of 116 trees and 523 shrubs, meeting the minimum requirements. Stormwater Management. The stormwater retention pond built in conjunction of the first phase of the 21 Planning & Zoning Commission Minutes Page 9 of 25 March 2, 2010 condominium project, located just north of the community center building for the condominiums was sized appropriately to accommodate the construction of the two 100-unit apartment buildings. No other on-site ponds have been proposed in association with the project. Park Dedication. Park dedication fees will be negotiated as part of the Planning Contract, which will be approved at a later date. To be consistent with fees collected for the first phase of the Grand Central Lofts Condominium project, the park dedication will be $750 per unit. KIVIART REDEVELOPMENT CONCEPT PLAN When originally approved, the Grand Central Lofts Site Plan had been designed in accordance with the goals and objectives of the Kmart Redevelopment Concept Plan developed by the Kmart Advisory Group under the guidance of the City Council In May 2003, the City of Columbia Heights initiated a planning process for the Kmart Site for the purpose of creating a redevelopment plan for the outdated and mostly vacant retail center. Goals of the plan include more employment opportunities within the City, new housing option previously not available in the City, increased opportunities for transit use, amenities to promote walking and biking, and improving the image and vitality of Central Avenue. A City Council- established citizen advisory group and the Developer worked closely to create the Concept Plan to meet the needs of both the community and the Developer. Although the property has changed ownership and. the use of the buildings has changed, staff feels that the spirit and intent of the Kmart Redevelopment Concept Plan should still be met. Residential Goal. The Grand Central Apartments site plan meets the stated goal for residential development, which is to "provide the City of Columbia Heights a variety of housing types, styles and choices to meet the needs of the community." The project meets the stated goals because ita ^ Provides a diversity of housing choices that will satisfy customer preferences for this location. A_ key factor is that the proposed apartment complex will offer a price point and amenity package in a product that Colzmbia Heights does not yet have. ^ Supports appropriate urban housing densities along with performance standards to create financial value and achieve strong purchasing power to support neighborhood service businesses. ^ Promotes a redevelopment concept that creates an attractive urban neighborhood that includes housing amenities such as decks, open spaces, gathering areas, recreational amenities, pedestrian ways, landscaping and green spaces to ensure a safe functional and desirable living environment. ^ Requires high quality community design and construction standards. DESIGN GUIDELINES HIGHWAY DISTRICT The Columbia Heights Design Guidelines were created to guide developers and businesses in the design of expansions, renovations or new construction of buildings or parking within the Central Avenue and 40t" Avenue commercial corridors, and to assist City officials and staff in reviewing development proposals, The guidelines are mandatory, but the City may permit alternative approaches that meet the objectives of the design guidelines. The design district that is applied to the Grand Central Apartments is the Highway District. BUILDING PLACEMENT. Residential buildings may be oriented toward Central Avenue or toward internal streets or courts, with side facade parallel to Central Avenue. Facades parallel to Central Avenue should be well detailed and service areas should not be located along the Central Avenue frontage. The frontage should be appropriately landscaped. The development meets this objective. The residential development is separated from Central Avenue by existing commercial development. The residential development is also _ focused toward 22 Planning & Zoning Commission Minutes Page 10 of 25 March 2, 2010 internal courtyards. The rear facades of the western most apartment building is parallel to Central Aventce and is architecturally detailed. Appropriate landscaping is also provided. BUILDING MATERIALS. To ensure that high-quality, durable and authentic building materials should be used in residential construction. All buildings should be constructed of high-quality materials, including the following: brick; natural stone; precast concrete units and concrete block, provided that the surfaces are molded, serrated or treated with a textured material in order to give the wall surface athree-dimensional character; stucco; jumbo brick may be used on up to 30 percent of any facade, provided t11at it is used only on the lower third of the building wall; wood, consisting of horizontal lap siding with an exposure no greater than S inches or wood shakes (surfaces must be painted); synthetic wood (fiber cement) siding resembling horizontal lap siding. The proposed apartments will be constructed of brick and EIFS and will be accented with cement fiber panel siding and pressed stone window headings. Final building plans shall be subject to the review and approval of the City Staff' to ensure that the building materials and design meet the requirements of the Design Guidelines, for the Highway District. BUILDING COLOR. To ensure that building colors are aesthetically pleasing and compatible with their surroundings, building colors should accent, blend with, or complement surroundings. Principal building colors should consist of subtle, neutral or muted colors with low reflectance. Warm-toned colors are encouraged. No more than two principal colors may be used on a facade. Bright or primary colors should be used only as accents, occupying a maximum of I S percent of building facades. The propased apartment buildings will incorporate a color palate and architectural detailing that is consistent with and will complement the existing Grand Central Lofts condominium building. BUILDING HEIGHT. Two and three story buildings are strongly encouraged in the High~~~ay District. All buildings shall have a minimum cornice height of 22 feet. The height of the apartment buildings will be consistent with the previously approved height of the condominium buildings for the Grand Central Lofts project. Both apartment buildings will be ~ stories in height, with two levels of'underground parking. Il`TGS F FACT 'nor Subdivision} Section 9.104 (J) of tl~e Zoning Ordinance autIines 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 be dividing existing Outlot A into t~Jo parcels. (b} The proposed subdivision of land does not involve the vacation of existing easements. The subdivision will not involve the vacation of existing easements. (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 lot created will not be a buildable parcel and will not have to conform to the minimum lot are and lot width requirements. (d) The proposed subdivision does not require the dedication of public rights-of--way for the purpose of gaining access to the property. This is a true statement. (e) The property has not previously been divided. through the minor subdivision provisions of this article. This is a true statement. (f) The proposed subdivision does not hinder the conveyance of land. This is a true statement. (g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 23 Planning & Zoning Commission Minutes Page 11 of 25 March 2, 2010 This is a true statement. (h) The proposed subdivision meets all of the design standards specified in Section 9.114. Section 9.11=1 refers to the subdivision regulations set forth in the City's Zoning Code. The proposed subdivision meets all of the design standards specified in this section. FINDINGS OF FACT (Site Plan Approval) Section 9.014 (M) of the Columbia Heights Zoning Code requires that the Planning Commission make each of the following four (4) findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article. The site plan conforms to all setback requirements, parking requirements, landscape requirements and all requirements outlined in the Design Guideline Highway District. 2. The site plan is consistent with the applicable provisions of the City's Comprehensive Plan. The proposed plan is consistent with the guidance of this area as a Transit Oi°iented Development District. 3. The site plan is consistent with any applicable area plan. The site plan is consistent with the Kmaf•t Redevelopment Concept Plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The proposed plan is consistent with a previously approved plan for the Grand Central Lofts in relation to building size, bulk, placement and heights. For this reason, the plan minimizes adverse impacts on property> in the immediate vicinity. Because the site plan meets all the minimum requirements of the City Code, staff recommends approval of the minor subdivision and site plan for two 100-unit apartment buildings to be constructed at the northeast corner of 47`h Avenue and Grand Avenue. Questions from members/Public Hearing Opened• The members wanted to hear from the public and. use that format to address questions/answers that may arise. Sargent then introduced Jack Boarman, Gretchen Camp, and John Gould from BKV Group and Clark Gassers who were present to answer questions. Szurek reminded members and the public that the Commission's role is to see if the plan brought before them. meets the criteria of the Comprehensive Plan and Zoning Ordinance. It is not their role to decide if the project will be approved or not. That is done by the City Council. The Public Hearing being held at this meeting gives the Public a forum in which to express their opinions about the project. These wilt be passed on to the City Council when they consider the matter. John Gould stated the two buildings would hold 100 units each compared to the originally planned condo buildings of 66 units. He said the footprints of the building would remain the same, it's just that the units would be smaller. They would. include studio apartments with about 700 sf, some 1- BR apartments, and some 2- BR apartments with about 1200 sf. Schmitt asked. why they are not offering 3 bedroom units. Gould explained they are trying to cater to younger professional residents that want quality housing, without the upkeep, and that generally have disposable income versus families. He said this is a market that so far is not being offered in Columbia Heights, but has been very successful in other areas of the Twin Cities. Schmitt asked if the lot split would create an Outlot for possible resale at a later time. The Developer stated. the Outlot would be used to provide access to the buildings. Schmitt asked how the quality of construction would compare to that of the condo's. The Developer stated it would be middle to middle high quality on the interior. The units would have wood. floors, stainless 24 Planning & Zoning Commission Minutes Page 12 of 25 March 2, 2010 appliances, and some would have granite countertops. It will be very similar to the condo building units so that the building could be converted to condos at a later time if that market improves. Peterson asked how many units are sold in the condo building. Clark stated that 29 of the 67 units are sold, but only 22 of the units are occupied since one owner has seven units. Peterson had concerns about whether the proposed parking would be adequate. Gretchen Camp, from BKV, stated that the number of underground parking spaces for the residents is more than required and they have proposed to have 20 spaces at grade spaces for visitors, similar to the condo building. He had a concern that in the future, if the commercial space is ever developed, some customers would use the residential/visitor parking spaces. Clark said the commercial development will not happen as previously planned. He said any future development there will probably be a one level development and will not incorporate a parking ramp into the design. Sargent said the grade difference between the residential site and the commercial piece is quite drastic, and. therefore, didn't feel that crossover parking would be an issue. Gould stated they have room for up to 49 outside parking spaces if it is warranted at a later date. They were trying to balance the outside parking with additional green space around the buildings. Peterson asked about the amenity package included with these rental buildings. Gould said enhanced green space around the buildings, a community building that would include a workout room, community room with a kitchen, and possibly a small business center. Peterson asked about the price points of the studio, 1 bedroom ,and 2 bedroom units. Gassen stated that will depend on the results of the market study, but is estimating that the Studio apartments could be rented for $700-$750/month, up to two bedroom units being rented for $1,400-$1,500/month. Sargent then reviewed the access to the site and the interior street layout anal compared it to the original plan for the condo buildings. The Developer has changed the design to improve traffic circulation and reduce congestion, while adding green space. He explained they decided that the street along the south side of the buildings will not go through to Grand Ave. That would have created a large, congested. intersection just inside the site off 47`" Avenue and Public Works Staff felt it would be a dangerous situation. There will be an emergency, break-away access on the southwest corner of that building for fire trucks. It will be plowed during the winter and may include signs "for emergency vehicles only". Clark said it will be part of the Development/Management Agreement. Karen Karkula-4858 Grandview Court-has lived in one of the townhomes for about two years. She doesn't think the units are selling up there because there hasn't been much effort in marketing the units in this development. She said she gets the impression, they have given up and they don't even have a sales office like they used to. Karen went on to say she doesn't think that having rental next to the condo building is a good thing. She is concerned that their condo association fees are very high because of the limited number of owners on the site, and they will remain high if the rental buildings are built as they will be under separate management. She said it is the burden of the few owners there are to maintain the community center and all the expenses of the site. Karen thinks the original plan should be honored for the sake of those who already own. there. Sargent said that the City needs to separate itself from. the Developer and private market decisions since we do not have control over the site. The City cannot tell them how to manage their property, or what they can or cannot charge far association fees. The owner is coming forth with a plan to build. something he thinks will succeed. The Commission needs to decide if it meets the established requirements, or not. Jerry i'~tordstrom-4843 Grand Avenue-Wanted to know how long this rental plan has been contemplated. Clark responded that they first approached the City with this concept about 4-5 months ago. When he purchased his townhouse, the Realtor representing the owner told him that additional condo buildings and 25 Planning & Zoning Commission Minutes Page 13 of 25 March 2, 2010 townhouses were going to be built. Had he know there would be 200 rental units, he wouldn't have bought his townhouse. Without the additional condo units, it will increase their costs to maintain their association, as there will be fewer owners to share the burden. And with the high association fees, he will never be able to sell the unit he has. He also is concerned about whether the rental buildings will face the same circumstances as the condo buildings, in that they can't fill them. What will happen after three or four years-wril they decide then to turn it into a subsidized rental situation, just to fill the building. Nordstrom also didn't like the road access going by the community center and only having 20 parking spaces. He didn't feel that was an adequate amount. Thompson said he agrees that 20 spaces won't be enough. Fiorendino asked him how that would be different than if the two condo buildings were built. He said the traffic would be the same. Nordstrom said there would be more because there are additional units in the rental buildings. He then asked how they expect to rent out 200 units when they can't even rent out the condo units. Clark explained that the EDA has an agreement with the Developer and that there is a covenant that prohibits the condo units from being sold to someone for the purpose of renting. Lee Stanch-1155 Khyber Lane-asked if the condo units were sold to a second owner, could they then be rented? Clark answered, yes. Stanch stated he feels the owners have misrepresented the properties and that the Commission made a mistake approving the project in the first place. Szurek said the Planning Commission only decides if it meets the criteria set forth in the City Ordinances. It is then passed on to the City Council for approval. Andy Smoka-1.206 Khyber Lane-asked the Developer what other projects they have built. Boarman stated they designed the Silver Lake Village Condo, Apartments, and retail space in St. Anthony-Idle City, near Loring Park-Heritage Landings-The Blue, near Aldrich and Lake St-and Main Street in New Brighton. Smoka doesn't think the area will draw any young professionals with disposable income, as the City has nothing to draw them here. He questioned why someone would invest in this type of speculative project, that he believes will be a white elephant. 3ust because the original plan didn't work, they want to change plans and try something else, that he doesn't think will work. Szurek stated there is a market for this type of rental units. The fact that St. Anthony's buildings are almost full proves that. She went on to state that sometimes Developers and Cities need to change course because of market demands, economic times, and other factors that change housing choices. Is it best to try to move ahead with the residential portion of this project and hope the commercial will follow, or wait and do nothing until the commercial site is developed and then add the housing component. She believes the City needs to move forward and try to make improvements rather than sitting back and doing nothing. Szurek again stated that the Commission can not deny a lot split if it meets the criteria. This lot split wilt separate land from the condo site for the rental site. It is not up to the Planning Commission to decide if it will work or not. No one knows that anymore than they knew the market would collapse after the first phase was completed on this site. It is up to the Developer to do the market study and decide if it will support their investment. Smoka also stated he didn't think 20 parking spaces would be enough. Fiorendino asked him how many he thought there should be. Smoky answered about 1/3 of the total units which would require about 66 outside spaces. But putting in that many parking spaces would take away too much green space for his liking also. 26 Planning & Zoning Commission Minutes Page 14 of 25 March 2, 2010 Ralph Johnson-1156 Borealis Lane-asked if the sewers are in place to handle these buildings. Clark told him that the Central Avenue sewer is at capacity. It was part of the original Development Agreement that the Developer would be responsible for a sewer expansion to accommodate the rest of the project. The City has just approved an amendment to that Agreement to trade off TIF funds that would have gone to the Developer for the City taking over the sewer improvement. The net result of this amendment will save the City more than $200,000. The sewer expansion will be done this year regardless of whether this project moves forward or not. It would be required in order to do any more construction on this site for either residential or commercial development. Johnson then asked what this development would do for the city. Szurek said it would add tax base to the City. Clark said he recognizes that in 2004, no one could foresee the collapse of the market. He stated the City needs to stay focused on our objectives and. that is to improve neighborhoods. He felt this area could use a jump start. He said the objective of the proposed project is to keep it compatible with the existing building, and to attract a different resident type that may have a higher disposable income so that it spurs other changes and improves the environment of the area. Thompson said he was disappointed that the market study hadn't been done yet and thought the Planning Commission should have seen it. The Market Study will help determine the price points and the City Council will look at that information when making their decision about this project. Nordstrom said he is most concerned about the affect this may have on the association fees, and his market value. He thinks it will adversely affect both of those items, and he feels the Commission should take that into consideration. Fiorendino asked him if he thought it would be better to do nothing and leave the site as is. He questioned whether the City, and the current owners on that site, would be better off if the site is finished and some colnane~rcial development is eventually built. He said that option could actually raise the property values. It was agreed, there are no guarantees, either way. Thompson asked how much different the association fees would be if the condo buildings were built instead. No one knew that answer. They are approximately $375/month now with the owner paying about 25/0 of the maintenance fees for the site. Deb Johnson--4626 Pierce St-11as lived in the city for 40 years. She said she understands the role of the Commission, but often finds that the City Council uses the fact that if the Commission approves something, then they are bound. by that recommendation to approve it also. She said it is passing the blame back and forth between the City's various entities. She went on to say she is torn about this project. She doesn't like the empty site, but she doesn't want to look at empty buildings either. She told the Developer that she went on the tour and agrees the buildings were high quality, although, not always to her liking. She is hoping that if the project moves forward that they would stay with a more traditional finishing style that will last over time, rather than something trendy that goes out of style in a few years. Bruce Nawrocki-1.255 Polk Place-He wanted. to know how the garages would be accessed now that the parking arrangements had been revised. Sargent explained %2 would access off Grand and % would access off the east street. Grand Ave is the only Public Road on the site. The rest are private roads. Nawrocki asked who would be responsible for maintaining them since you would have a condo association and the rental management company both involved. The Developer said that would be a shared. responsibility and would be addressed in a Joint Agreement between the two entities. He wanted to know if the renters would be charged extra far the maintenance (similar to an association fee) and for their interior parking spaces. 27 Planning & Zoning Commission Minutes Page 15 of 25 March 2, 2010 Gassen responded that those costs are assessed each year, and rents are established annually, similar to any other rental complex. There would not be additional association fees. These costs are incorporated into the rent estimates that were already discussed. Nawrocki then stated that a lot of time and effort went into the original plan and that we should wait until the market irnpraves and stick with the original plan. He feels owner occupied housing is the best option and that owners tend to care for their properties better than renters. He thinks changing the plan now would do a disservice to those who already own on this site and that it would be taking a step backwards. Fiorendino asked him how long he thought it would take to fill the condo buildings. Nawrocki said it will take years, but it could take years to fill the rental buildings also, in his opinion. He thinks we should give the original plan more time. Peterson commented that he understands and sympathizes with the current residents in the Grand Central Lofts location. He said it is impossible for anyone to have a crystal ball or to guarantee anything anymore. All anyone can do is make the best decision they can with the information they have to work with. He also understands the role of the commission. The decision to be made by the Council at this point is whether to do nothing or to do something, hoping that it helps the development itself and the City as a whole. Schmitt asked if bath buildings would be built at the same time, or if one building would be built at a time. Gretchen responded that they would build the west building first. Schmitt said she would like to see a similar number of units in the rental buildings as there are in the condo building, in case they are ever converted. She also suggested re-designing the project to add townhouses to the south side of the project. Fiorendino asked how they arrived at 20 outside parking spaces. He wondered what the code required.. Sargent stated that our code does not address visitor parking. It only requires one parking space for each bedroom, which would make a total of 266 spaces. They have designed the inside, two level parking, to accommodate 270 spaces, so they exceed the requirements. Gretchen said they are proposing 20 spaces at grade in order to balance the green space around the buildings. She said the norm is to provide guest parking at 5% of the number of units. This proposal is providing 10% guest parking. Fiorendino asked if there would be any parking along Grand Ave. Sargent stated there are no parking spaces planned along Grand Ave. Thompson said he could not vote in favor of the two requests even though they meet the criteria. He doesn't think the proposal is in the best interest of the community without seeing a market study to prove otherwise. He also commented that he receives his packet too late to check into these cases properly. Szurek stated. that market studies are expensive to do. If the City wasn't interested in the proposal, or if the Planning Commission denied their Lot Split and Site Plan, they didn't want to have one done. If the project is a possibility, they will go ahead with the market study so the City Council cars use it in making their decision. Clark stated this matter was discussed with the EDA. The consensus was to bring this before the Planning Commission first, then if approved, the limited market study would be done and submitted to the City Council as they are the actual deciding body. Then the EDA would be responsible for approving an amendment to the Development Agreement. Public Hearing Closed. Motion by Fiorendino, seconded by Schmitt, that the Planning Commission recommends that the City Council approve the site plan for the construction of two 100-unit apartment buildings located at the northeast corner of =17`" Avenzze and Grand Avenue, subject to certain conditions of approval that have been, found to he necessary to protect the public interest and ensza°e compliance with the provisions of the 28 Planning & Zoning Commission Minutes Page 16 of 25 March 2, 2010 Zoning and Development Ordinance, including: 1. The applicant shall enter into a Planning Contract agreement with the City per regulations of the MXD, Mixed Use Development District. 2. All necessary driveway, access, drainage and maintenance easements shall be established and recorded with Anoka County. 3. The applicant shall install a guardrail or safety fence along the pedestrian walkway of 47`h Avenue per specifications and approval of the City Engineer. 4. Afire truck access shall be installed connecting the southern most drive within the development to Grand Avenue. 5. It shall be the responsibility of the apartment management company to ensure that the fire access remains clear of debris and snow at all times. 6. If the construction of the proposed development is• completed over 2 phases, the construction of the Community Building shall occur during Phase 1. 7. The applicant shall supply the city with a Letter of Credit in the amount as specified by the City Engineer to ensure completion of all public improvements. 8. The applicant shall pay a park dedication fee in the amount of $750 per unit due at the time of building permit issuance. 9. Per the MXD, Mixed Use Development District, the site plan must be approved by the City Council. Roll Call.• Aves: Fiorendino, Peterson, Szurek Nav: Thompson and Schmitt MOTION PASSED. Motion by Fiorendino, seconded by Schmitt, that the Planning Commission recommends that the City Council approve the minor subdivision for the property located at the corner of 47`h Avenue and Central Avenue, 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. Roll Call.• Ayes: Fiorendino, Peterson, Szurek Nav: Thompson and Schmitt MOTION PASSED. The following Resolutions will go to the Council April 12, 2010. Clark stated that everyone within 350 feet would be notified again of this meeting and the agenda will be posted as required by law. RES~LI.IT'I®r~ r~®. ~~~a- RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR TWO 100-UNIT APARTMENT BUILDINGS LOCATED AT THE NORTHEAST CORNER OF 47TH AVENUE AND GRAND AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2010-0303) has been submitted by David Kloeber to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: Northeast corner of 47`'' Avenue and Grand Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of two 1.00-unit apartment buildings. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 2, 2010; WHEREAS, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed site plan 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 29 Planning & Zoning Commission Minutes Page 17 of 25 March 2, 2010 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The 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 minimizes any adverse impacts on property in the immediate 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 (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The applicant shall enter into a Planning Contract agreement with the City per regulations of the MXD, Mixed Use Development District. 2. All necessary driveway, access, drainage and maintenance easements shall be established and recorded with Anoka County. 3. The applicant shall install a guardrail or safety fence along the pedestrian walkway of 47`'' Avenue per specifications and approval of the City Engineer. 4. Afire truck access shall be installed connecting the southern most drive within the development to Grand Avenue. 5. It shall be the responsibility of the apartment management company to ensure that the fire access remains clear of debris and snow at all times. 6. If the construction of the proposed development is completed over 2 phases, the construction of the Community Building shall occur during Phase 1. 7. The applicant shall supply the city with a Letter of Credit in the amount as specified by the City Engineer to ensure completion of all public improvements. 8. The applicant shall pay a park dedication fee in the amount of $750 per unit due at the time of building permit issuance. 9. Per the MXD, Mixed Use Development District, the site plan must be approved. by the City Council. SOLUTION NO. ~a~o- RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR HUSET PARK DEVELOPMENT CORP. EREAS, a proposal (Case No. 201.0-0303} has been submitted by David. Kloeber to the City Council requesting a minor subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: Northeast corner of 47ti' Avenue and Central Avenue EXISTING LEGAL DESCR1PT10N: Outlot A, Grand Central Lofts Addition PROPOSED LEGAL DESCRIPTION: That part of Outlot A, lying southerly of Lot 1, Block 1, and lying southerly of the easterly extension of the North line of L,ot 2, Block 1, all in Grand Central Lofts, Anoka County, Minnesota. THE APPLICAI`~IT SEEKS APPROVAL OF A MINOR SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on March 2, 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: l . 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. 30 Planning & Zoning Commission Minutes Page 18 of 25 March. 2, 2010 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 §9.1.14. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CASE NUMBER: 2010-0302 APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for the R-3, Multiple Family Residential District INTRODUCTION The purpose of the R-3, Multiple Family Residential District is to provide appropriately located areas for small lot single-family dwellings, multiple-family dwellings with up to eight units per structure (town homes, condominiums and apartments), congregate living arrangements and directly related. complementary uses. Staff has determined that the current setback requirements for the R-3 District make it extremely difficult, if not impossible, to build additions or new homes on a majority of the R-3 zoned properties because of the preexisting size of the properties. The purpose of the proposed zoning amendment is to modify the setback requirements for one and two- family dwelling units located in the R-3 District to enable construction on these parcels without the constant need for a variance to do so. CO NSI PLAN One goal of the Comprehensive Plan pertaining to housing is to "preserve and expand the single-family neighborhoods as the community's strongest asset. " The majority of the R-3 District throughout the City of Columbia Heights is populated with single-family dwellings. Amending the Zoning Code to promote the construction of additions and new homes would. be directly consistent with. the intent of the Comprehensive Plan. ZONING ORDINANCE The current Zoning Code pertaining to the R-3 District requires substantial setback requirements compared to other residential zoning districts. The following table outlines the setback requirements for each residential zoning district: R-1 R-2A R-2B R-3 R-4 Front Yard 25 ft. 25 ft. 25 ft. 30 ft. 1 S ft. Side Yard 7 ft. 5 ft. 5 ft. 20 ft. 10 ft. Corner Side Yard 12 ft. 10 ft. 10 ft. 30 ft. 15 ft. Rear Yard 20% of Lot De th 20% of Lot De th 20% of Lot De th 30 ft. ] 5 ft. A study was conducted of the R-3 District to determine whether single and two-family properties would be able to sustain the required setbacks. The study revealed that there are 469 single and two-family parcels in 31 Planning & Zoning Commission Minutes Page 19 of 25 March 2, 201.0 the R-3 District, The following table breaks down the average lot size and number of unbuildable lots currently in the R-3 District: One and Two Famil Residences in the R-3 District vera a Lot Width 50.99 Avera a Lot De th 129.18 Avera e S ware Foots e 6,587.03 Total Number of One and Two Fami Lots 469 Number of Unbuildable Lots 261 Percents a of Unbuildable Lots 55.65% Number of Unlike( Buildable Lots 315 Percents a of Unlike( Buildable Lots 67.1.6% As the table indicates, the average lot width for single and two-family parcels is 51 feet. In order to build within. the specifications of the Zoning Code, a new house would have to be set back 20 feet from the side lot lines. Given the average lot width of S 1 feet, this would leave a perspective builder approximately 11 feet on the property to build a house. The study also indicated that 315 of the 469 lots, or 67% of the total number of one and two-family parcels in the R-3 District, were too small to build on without the need of a variance to do so. For this reason, Staff is proposing a Zoning Amendment that would alleviate the setback restrictions imposed on these properties. Staff recommends recreating a separate setback category for one and two-family dwelling units within the R-3 District, and imposing setback restrictions consistent with the R-2A District on those parcels. The following table outlines Staff's recommendation: R-1 R-2A R-2B R-3 R-4 Front Yard 25 ft. 25 ft. 25 ft. 1 & 2 Family - 25 ft, Multi-Fami( - 30 ft. I S ft. Side Yard 7 ft. 5 ft. 5 ft. 1 &2Famiiy-Sft. Multi-Fami( - 20 ft. 10 ft. Corner Side Yard 12 ft. 10 ft. 10 ft. 1 & 2 Family - 10 ft. Multi-Fami( - 30 ft. 15 ft. Rear Yard 20% of Lot Depth 20% of Lot Depth 20% of Lot Depth 1 & 2 Family - 25 ft. Multi-Fami( - 30 ft. 15 ft. The purpose of the Zoning Amendment is to create 315 more buildable lots for one and two-family dwelling units within the R-3 District. 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: 1. The amendment is consistent with the Comprehensive Plan. One goal of the Comprehensive Plan pertaining to hoztsing is to "Preserve and expand the single- family neighborhoods as the community's strongest asset. " The majority of the R-3 District 32 Planning ~ Zoning Commission Minutes Page 20 of 25 March 2, 2010 throughout the City of Columbia Heights is populated with single family dwellings. Amending the Zoning Code to promote the construction of additions and new homes would be directly consistent with the intent of the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed zoning amendment is not solely for the benefit of a single property owner. The proposed amendment would allow prospective builders to construct additions to existing houses, or to construct new houses in the R-3 District on properties which now would not be legally able to be built on. 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. This zoning amendment will not change any existing zoning classification. 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. This zoning amendment will not change any existing zoning classification. Staff recommends amending the Zoning Code to help alleviate the setback restrictions currently imposed on the R-3, Multiple Family Residential District, in regards to one and two family properties as outlined in the Draft Ordinance. Questions from Members: Szurek questioned whether the new figures would give them enough room to work with. Sargent stated he thought it would in most cases and that it is more consistent with the other residential districts. He said there are provisions in place in the Zoning Ordinance to deal with other small lot issues. Sargent explained that we don't get a lot of variance requests, but it will eliminate the need far one when owners want to add a small addition or deck to their house. Peterson asked for clarification on definition of a earner side yard. Sargent explained what defines a side yard. from. a front yard. and haw the setbacks would be applied. Schmitt asked if the Sheffield area is mostly an R3 District, and since the City is purchasing properties there, is the impact of the setbacks why staff is requesting this change. Sargent said no, most of Sheffield is either R2A or R2B and would. not be affected by this change. He went on to state, that most of the R3 properties are in the south part of the city or on the west side. Fiorendino questioned why the rear yard setback is a fixed number. Sargent said it eliminates variations and the need to verify each case. Thompson stated that the side yard setback is necessary for drainage between properties, emergency access, and for maintenance of the structure. He doesn't feel that 5 feet is necessarily enough, but due to the size of the lots in Columbia Heights, common sense must prevail, so he agrees with the recommended change. Public Hearing Opened: No one was present to speak on this issue. Public Hearing Closed. 33 Planning & Zoning Commission Minutes Page 21 of 25 March 2, 2010 Motion by Schmitt, seconded by Peterson, that the Planning Commission recommends that the City Council approve the proposed zoning amendment, subject to modifying the setback requiretents for one and two family dwellings in the R-3, Multiple Family Residential District. All ayes. MOTION PASSED. The following ordinance will go to the City Council March 8, 2010 ORDINANCE NO. XXILX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE R- 3, LIMITED MULTIPLE FAMILY RESIDENTIAL DISTRICT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.109 (C) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.109 RESIDENTIAL DISTRICTS. (C) Lot Dimension, Height, and BzdkRequirements. Lot area, setback, height and lot coverage requirements for uses in the residential districts shall be as specified in the fnltnw~na tahta• R-1 R-2A R-2B R-3 R-4 Minimum Lot Area Single Family Dwelling 8,400 sq. 6,500 sq. ft . 6,500 sq. ft. 6,500 sq. ft. 6,500 sq. ft. ft. Two-Family and Twinhome 12,000 sq. Existing on 8,400 sq. ft. 8,400 sq. ft. Dwelling ft. January 1, 2005 - 5,100 sq. ft. Established. after January 1, 2005 - ........... 12,000 sq. ft. Multiple Family Dwelling 10,000 sq. ft. 10,000 sq. ft. Non-residential Structure $,400 sq. 6,500 sq. ft. 6,500 sq. ft. 10,000 sq. ft. 10,000 sq. ft. ft. Lot Area Per Dwelling Unit Multiple Family Dwelling Efficiency 1,200 sq. ft. 800 sq. ft. One bedroom 1,800 sq. ft. 1,000 sq. ft. T~vo bedroom 2,000 sq. ft. 1,200 sq. ft. Three bedroom 2,500 sq. ft. 1,500 sq. ft. Additional bedroom 400 sq. ft. 200 sq. ft. Congregate Living Units 400 sq, ft. 400 sq. ft. Minimum Lot Width 70 feet 60 feet 60 feet 70 feet 70 ft. Minimum Lot Depth Residential Building Setbacks Front Yard 25 feet 25 feet 25 feet 1 & 2 Family - 25 ft. 15 feet Multi-Family - 30 ft. Side Yard 7 feet* 5 feet* 5 feet* 1 & 2 Family - 5 i9t. 10 feet Multi-Family - 20 ft. Corner Side Yard 12 feet 10 feet 10 feet 1 & 2 Family -10 ft. 15 feet Multi-Family - 30 ft. 34 Planning & Zoning Commission Minutes Page 22 of 25 March 2, 2010 Rear Yard 20% of lot depth 20% of lot depth 20% of lot depth 1 & 2 Family - 25 ft Multi-Family - 30 ft. . I S feet Non-residential Building Setbacks Front Yard 25 feet 25 feet 25 feet 30 feet 15 feet Side Yard 40 feet 30 feet 30 feet 25 feet 10 feet Corner Side Yard 12 feet 10 feet 10 feet 30 feet 15 feet Rear Yard 40 feet 30 feet 30 feet 25 feet 10 feet Single & Two Family Parking Setbacks Front Yard (excluding drives/ ads 25 feet 25 feet 25 feet 30 feet 30 feet Side Yard 3 feet 3 feet 3 feet 3 feet 3 feet Corner Side Yard 3 feet 3 feet 3 feet 3 feet 3 feet Rear Yard 3 feet 3 feet 3 feet 3 feet 3 feet Multiple Family Parking Setbacks Front Yard ~ 30 feet 30 feet Side Yard 10 feet l0 feet Corner Side Yard 30 feet 30 feet Rear Yard 10 feet 10 feet Non-residential Parking Setbacks Front Yard 25 feet 25 feet 25 feet 30 feet 30 feet Side Yard 10 feet 10 feet 10 feet 10 feet 10 feet Comer Side Yard 2S feet 25 feet 25 feet 30 feet 30 feet Rear Yard 10 feet 10 feet 10 feet 10 feet 10 feet Maximum Height Residential structures 28 feet 28 feet 28 feet 35 feet 35 feet Non-residential structures 35 feet 35 feet 35 feet 35 feet 35 feet Non-residential Flocr Area Ratio 2 2 Section 2: This ordinance shall be in fi-li force and effect from and after 30 days after its passage. CASE N E 2010-0305 APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment Pertaining to Zoning Application Fees IIACI~GROUNO At the August 25, 2009 EDA meeting and the City Council meeting of November 30, 2009 staff presented its recommendation to revert planning fees back to a flat fee system. Currently, planning fees are done on an escrow based system that creates a significant amount of work (that is not reimbursed) to receive a check, create an escrow, receive documentation from departments regarding time allocations and then reissuing checks back to the applicant. Most of the planning applications are straightforward and a simple flat fee would reduce all of the aforementioned work. As part of the planning fee structure, staff has included language that the City retains the right to seek an escrow and additional payment for any out-of-pocket expenses for consultants and/or to obtain an escrow for cases that are extraordinary in size or complexity. 35 Planning & Zoning Commission Minutes Page 23 of 25 March. 2, 2010 COMPREHENSIVE PLAN Restructuring the fee schedule for Planning and Zoning land use requests enables staff to more efficiently use their time and thus provides a better service to the community. Processing land use requests more efficiently will also make it easier to pursue many of the goals of the Comprehensive Plan. ZONING ORDINANCE As stated previously, the current zoning ordinance requires an escrow to be collected as the sole means for funding land use requests. Staff spends a considerable amount of time tracking the hours of phone calls, emails, meetings and staff report writings in an effort to accurately account for the amount of time each land use application takes to complete. More time is then taken to process refund checks - if needed -and then mail out the checks to the applicants. The proposed ordinance would revert back to a flat-rate fee for Planning and Zoning applications. The following table depicts the amount of escrow the City had previously required for each land use application, as well as the proposed amount the City will collect as a flat rate fee: PLANNING ZONING FEE SCHEDULE Land Use Action Escrow Previousl Collected Pro osed Flat Rate Fee A eal $185 $185 Com rehensive Plan Amendment $545 $500 Conditional Use Permit $220 $200 Preliminar Plat $670 $500 + Escrow Final Plat $395 $100 Interim Use $255 $250 Minor Subdivision (Lot S lit $275 $275 Site Plan Review $370 $250 Vacation $150 $150 Variance $235 $200 Zonir~ Amendment $545 $500 It is anticipated that larger redevelopment projects will take a considerable more time to process than smaller, simpler i_and use requests. For this reason, the City will retai.~ the right to seek ar, escrow and additional payment for any out-of-pocket expenses for consultants and/or to obtain an escrow for cases that are extraordinary in size or complexity. Staff also conducted a comparison of Application Fees other cities in the area charge. This information can be found on Appendix A. F INGS 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: 1. The amendment is consistent with the Comprehensive Plan. Restructuring the fee schedule for Planning and Zoning land use requests enables staff to more efficiently apse their time and thzts provides a better service to the commumity. Processing land use requests more efficiently will also make it easier to pursue many of the goals of the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property ownero 36 Planning 8~ Zoning Commission Minutes Page 24 of 25 March 2, 2010 The proposed amendment is a citywide endeavor and is not solely for the benefit of a single property owner. 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 amendment would not change the zoning classification of a particular property. 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 amendment would not change the zoning classification of a particular property. Staff recommends approval of the proposed Zoning Amendment. Questions from Members: Fiorendino suggested a language change to the Ordinance to include "`consultants and/or professional services". Public Hearing Opened: No one was present to speak on this issue. Public Hearing Closed. Motion by Schmitt, seconded by Peterson, that the Planning Commission recommends that the City Council approve the proposed zoning amendment. All ayes. MOTION PASSED. The following Ordinance will go to the City Council March 8, 2010. DRAFT ORDINANCE NO. XXXI~ BEING AN ORDINANCE AMENDING ORDINANCE NO. 1.490, CITY CODE OF 2005 RELATING TO MINIMUM PLANING AND ZONING APPLICATION FEES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article 1, Section 9.10=1 (C}(5} of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.104 ST TION ENFORCE NT. (C} General application procedures. (5} Application fees. Fees for a1I applications for development or land use approval shall be a flat rate and established by resolution of the City Council. .^.:....,....~.....,,,,.,,.. ;'..ull u; h~~ * +',,. +:„,~ ~' +' ' ~~uy=aocc uc crr~rcnr~ccnicpprrccccrori-r~ , ~ .The City retains the right to require an escrow and additional payment for any out-of-pocket expenses for consultants and/or professional services, and/or to obtain an escrow for cases that are extraordinary in size or complexity. Remaining escrowed funds not spent in reviewing the application shall be returned to the applicant. t~'~~i . , .Payment of all fees is a condition of application approval. The fee schedule shall be: PLANNING AND ZONING FEE SCHEDULE Land Use Action Flat Rate Fee A eal $185 Com rehensive Plan Amendment $500 Conditional Use Permit $200 Preliminar Plat $500 + Escrow Final Plat $100 Interim Use $250 37 Planning & Zoning Commission Minutes Page 25 of 25 March 2, 2010 Minor Subdivision Lot S lit $275 Site Plan Review $250 Vacation $150 Variance $200 Zonin Amendment $500 Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. NEW BUSINESS- None OTHER BUSINESS The meeting was adjourned at 10:15 pm. Shelley Hanson Secretary 38 COLUMBIA HEIGHTS -CITY COUNCIL LETTER ~ ,i _ r v{.u l V1. tvlal lJll U, GV 1 V AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: Board/Commission BY: Walt Fehst BY; ~~ ~ r~:V ~ " _` ~' Appointments DATE: March 8, 2010 DATE: NO: The following Board and Commission terms expire in April. Requests for reappointment or those no longer interested in serving are: Board or Commission Name Request Reappointment Library Board Nancy Hoium - 3 year term yes Patricia Sowada - 3 year term yes Planning & Zoning Commission Rob Fiorendino - 4 year term yes Telecommunications Commission Dan Swee - 2 year term yes Bradley Peterson - 2 year term yes Kenneth Henke - 2 year teen yes Bab Buboltz - 2 year teen yes Traffic Commission Joseph Goodman - 4 year term yes Ed Carlson - 4 year term yes Park and Recreation Commission Tom Greenhaigh - 5 year term yes David Payne - 2 year term yes Kevin McDonald - 2 year term yes There are no current city-appair~ted Board. or Commission vacancies. (There are vacancies on the Charter Commission.) Recommended Motian: Move to reappoint Nancy Hoium and Patricia Sowada to three year terms on the Library Board; Rob Fiorendino to a four year term on the Planning and Zoning Commission, Dan Swee, Bradley Peterson, Kenneth Henke and Bob Buboltz to two year terms on the Telecommunications Commission; Joseph Goodman and Ed Carlson to four year terms on the Traffic Commission; Tom Greenhalgh to a five year term and David Payne and Kevin McDonald to 2 year terms on the Park and Recreation Commission. COUNCIL ACTION: 39 CITY COUNCIL LETTER AGENDA SECTION: Consent NO. ITEM: Approve Gambling Permit, Immaculate NO. Conception Church Fun Fest, Aug 6-8, 2010 ORIGINATING DEPARTMENT POLICE BY: Scott Nadea~i DATE: March 3, 2014 of March 8, 2010 CITY MANAGER APPROVAL: DATE: '~ BACKGR(3UlelD: Immaculate Conception Church, 4030 Jackson Street NE, has submitted a request far a gambling permit for their Fun Fest activities to be held August 6-8, 2010. Activities to be included are bingo, raffles and pull-tabs. ANALYSISICI}CI,USIG1yT: Since the organization satisfies the City Council resolution regarding one-time charitable gambling and has paid the $25 permit fee, the City Manager recommends the following action. REC®1l~IddENI~lEI31b~OTI+CD1~: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo, raffles and pull-tabs at their Fun Fest event being held August 6-8, 2010 at 4030 Jackson Street NE, Columbia Heights, and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day native to the local governing body. kao COUNCIL ACTION: 40 Minnesota Lat>~ul Gambling Page 1 of 2 1110 Application f®e .-m.s~,a~,ayv r~fnlv~a4+G~~s~„at~ sVr GRGFBetJL i-CIHIHBC ffa licafion ost markedorreceived: An exempt permit may be issued to a nonprofiit organization that: less than 30 days more than 30 days -conducts lawful gambling on ive ar fewer days, and before the event before the event -awards less than $50,000 in prizes during a calendar year. $100 $50 ORC~Al11lZATi®!`~ [lolFQRtU1ATION Check # ~ Organization name Previous gambling permit number Church of the Immaculate Conception X-01151 Type of nonprofit organization. Check one. Fraternal ~ Religious ~ Veterans ~ Other nanprofrt organization Mailing address City State Zip Cade County 4030 Jackson St PIE Columbia Heights 6*~N 65421 Anoka Name of chief executive officer (CEO} Daytime phone number Email address Fr. i`homas Kunnel, TOR 763-?88-9062 kunneltor(ayahao.coa~n Attach a copy of ONE of the following for proof of nonprofet status. Check one. Da not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. ^ lonprofit Articles of lncoryxoration (1R a current Certificate of Good Standing. DonY. have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 659-296-2803 tRS incarne tax exemption [501 (c}1 letter in your organization°s Warne. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. tR5 -Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organizafion is a nonprofit 501 {c} organization with a group ruNng, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. Q IRS -proof previously submitted to Gambling Control Board {f you previously submi#ted proof of nonprofit status from the IRS, no attachment is required. GA(~IBLihIG FREIVttSES tIVFOR~iIATtC}N Name of premises ~,vhere gambling activity will be conducted (for raffles, list the site where the drawing will take place} Church of the Immaculate Conception Rddress (do not use PC} box) City Zip Code County 4030 Jackson St PIE Columbia Heights 554.21 Anoka Dates} of activity {for raffles, indicate the date of the drawing) August 6, 7, 8, 2010 (Raffles drawing held on August 8, 2010) heck the box or boxes that indicate the type of gambling activity your organization will conduct: Bingo* ~ Raffles ~Paddlewheels* ®Pull-Tabs* aTipboards* * Gatrsb6'sng equipment for pull-tabs, bingo paper, tipboards, and paddlewheels must be obtained from a distributor licensed by the Also camptete~ Gambling Contra) Board. EXCEPTION: Bingo hard cards and bingo Page 2 of this form. number selection devices may be borrowed from another organization authorized to conduct bingo, ~ inxint form Ta find a licensed distributor, go to www.gcb.state.mn.us and click on List ~ Reset i ~rr,~ " _ of L scensed Distributors, or colt 651-639-41176. ~ 41 ~G22a /t1~'3p[iCattOfl ~C3f EX!B1T1jJt pG'1'111Et Page 2 of 2 1110 LQC~-L UNiT OF GC)VERN9I~ENT AGKNQV4/LEDG~lBENT If the gambling premises Is within city Eimits, i if the gambling premises is located in a township a a c ty official must check the action that the city is taking on this application and sign fhe ap lication , county officta! must check the action that the county is taking hi p . on t s application and sign the application. A township official is not required to sign the application. The application is acknowledged with no waiting period The application is acknowledged with a 30 day waitin _The application is acknowledged with no waiting period. g period, and allows the Board to issue a permit after 30 ~T}1e application is acknowledged wi#h a 30 day waiting days {60 days fora 1st class city). period, and allows the Board to issue a permit after 30 The application is denied. days, The application is denied. Print city name Print county name On behatfof the city, 1 acknowledge this application, On behatfof fhe county, 1 acknowledge this application. Signature of county official receiving application Signature of city official receiving application Title -Date / / Title {Optional) TOWIVSFtiP: On behatfof the township, I Date / / aoknowledge that the organization is applying for exempted gambling activity within township limits. {A township has no stafuiory authority to approve or deny an application [Minnesota StaEUte 349.1 &6}j Print township name Signature of township official acknavrledging appiicatior> Title date 1 1 C.€~lEF EXECtST,OPE t~FF~CE6~' ~iGNATI~F~E The information provided in Phis application is complete and accurate to the besf of my knowledge. 1 acknowledge that the tanancial report wilt be completed and returned to the B d ithi oar w n 3t? days of the date of our gambling activity, Chief executive officer's signature t~ ~ Date Feb 23, 20°10 Complete a separate application for each gambing activity: Financial report and recordkeeping required - one day of gambling activity, - two or more consecutive days of gambling activity, A financial report form and instructions will be sent with - each day a raffle drawing is held Your permit, ar use the online fiEl-in form available at Send application with: www.gcb.state.mn.us. Wfthin 34 days of fhe activity date, complete and return the financial report form tc the - a copy of your proof of nonprofit status, and Gambling Control Board. - appl{cation fee for each event. Make check payable to "State of Minnesota." Questions? Call the Licensing Section of the Gambling Contro! To: Gambling Control Board Board at 651-fi39-4076. 1711 West County Road B, Suite 300 Sou#h Roseville, MN 55113 Print Form ~ Reset Forma I nis form will be made available in alternative forma4 (i,e. large print, Braille} upon request. Data pNvacy notice:The information requested on this form (and any attachments} will be used by the Gambling Control Board (Board} to determine your organization's qualifications to be involved in (awful gambling activities In Minnesota. Your organization has the right to refuse to supply the information requested; however, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit. {f you supply the information requested, ~„c aoara wm oe ao~e to process your organization's application. Your organization`s name and address will be public information when received by the Board. All other information provided wit- be private data until the Hoard issues the permit. When the Board issues the permit, at! information provided will become public. If the Board does not issue a permit, all information provided remains private, with the excepfion of your organization's name and address which will remain public. Private data are avalable to: Board members, Board staff whose work requires access to the information, Minnesota's DepaRmeni of Public Safety; Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and intemafional gambling regulatory agencies; anyone pursuant to court order, other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes anew use or sharing of information after this Notice was given; and anyone wifh your written consent. 42 _ _... .. .. :. ' 3 387 NORTHEAST BANK T~E ~~.~~~~ ~F THE COLUMBIA HEIGHTS, MN -763-788-9361 MINNEAPOLIS; MN - 612-379-8811. ~~~~G~~TE ~`~~C~~T~~~ COON RAPIDS, MN - 763-784-3533: 2/9/2010 4030 JACKSON STREET; NE. ~ - YOUR INDEPENDENT COMMUNITY BANK. COLUMBIA HEIGHTS, MN 55421 . '..` 17-13-910 ~ ORDER o ~ : City of^.ColuTnhia Heights = other '. **25.00 0 . ~ Twenty-Five and 00/100 DOLLARS ;~ City of Columbia Heights w MEMO AUTHORI2Et1 StGNAitIRE Fun Pest-.August 6, 7, & 8, 2010 !!'0 3 2 38 ?11® ia09 X000 i 3 Zia 500681568 L!I' 'HE CHURCH 4F THE ilEU6BVIAGULATE CC93V~EFiTi~9fitl 3 2 3 8 7 City of Columbia Heights -other ~ 2/9/2010 Date Type Reference Original Amt. Balance Due Discount Payment 2/8/2010 Bill Gambling permit 25.00 25.00 25.00 Check Amounf 25.00 Payroll Checking Acc Fun Fest -August 6, ?, & 8, 2010 25.00 43 COLUMBIA HEIGHTS CITY COUNCIL LETTER ivieen n or iviarcn u, 1UlU AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Access and Indemnification Agreement - BY: Sheila Cartney gy; ,,- ,~~~ ~ Twin Cities Community Land Bank DATE: February l0, 2010 , `~ ~~ Y~ uA rrzr.unrnvn. The National Community Stabilization Trust was created in 2008. The trust is comprised of Enterprise Community Partners, the Housing Partnership Network, the Local Initiatives Support Corporation and NeighborWorks America which have day-to-day working relationships with hundreds of local non-profit organizations and state and local governments. The Trust is working to stem the decline of neighborhoods with high concentrations of vacant, foreclosed properties. The Trust coordinates the acquisition or transfer of real estate owned (REO) properties from tenders, loan servicers, investors nationwide while working through state and local governments; to return the properties to the stock of rental and ownership housing available primarily for low- and-moderate income families. The First Look program gives local buyers early access to REO properties, which can reduce carrying costs for REO sellers. When financial institutions receive newly foreclosed properties, local buyers begin working with the Trust to determine they are interested in acquiring the property. This occurs well before financial institutions would otherwise be ready to market properties. This allows local buyers to inspect the property and decide if they want to purchase the properties at the prices set by the financial institutions. This process benefits financial institutions: as REO sales occur more quickly, financial institutions reduce carrying and marketing costs and avoid further declines in property value, vandalism, and other risks. In turn, financial institutions are expected to pass on these savings as pricing adjustments to local Stabilization Trust users. At the local level the Trust has partnered with Twin Cities Community Land Bank to handle these properties and process. The City of Columbia Heights has the opportunity to access the First Look program. As proposed the City will have the "first look" at any REO properties and determine our interest. If we are not interested then the next look goes to GMHC. It is set up this way because GMHC requested access to our city. The cost of this program initially is free. The only time a fee is paid to the Trust is when we buy a property through this program. The transaction cost is $2,000. Which is paid as part of the closing costs. This fee covers the Trust's administration fees. They keep an extensive web-based spreadsheet for eac17 city that is part of this program. The spreadsheet is managed and updated everyday by the Trust. If we do not purchase any homes through the First Look program we do not pay anything to the trust. The EDA attorney has reviewed the agreement. The EDA approved this program/agreement at their February 23`d meeting. RECOMMENDATION: Staff recommends the City Council enter into an Access and Indemnification Agreement with Twin Cities Community Land Bank in order to be part of the First Look program. As in any property acquisition the EDA or City Council will have to approve the purchase. RECOMMENDED MOTION: MOTION: Move to approve the Access and Indemnification Agreement with. Twin Cities Community Land Bank as part of the First Look program; further authorizing the Mayor and City Manager to enter into an agreement for the same. xtracnments: Access and COUNCIL ACTION: 44 ACCESS AND INDEMNIFICATION AGREEMENT This ACCESS AND INDEMNIFICATION AGREEMENT ("Agreement"} is made this 1st day of March, 2010 ("Effective Date"), by and among TWIN CITIES COMMUNITY LAND BAND LLC, a Minnesota nonprofit limited liability company ("TCCLB") whose address is 615 First Avenue NE, Suite 41.0, Minneapolis, Minnesota 55413, THE CITY OF COLUMBIA HEIGHTS, a municipal corporation and political subdivision under the laws of the State of Minnesota ("City"), whose address is 590 40th Avenue NE, Columbia Heights, Minnesota 55421, and the COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY ("EDA"}, a public body corporate and politic and political subdivision under the laws of the State of Minnesota, whose address is 590 40th Avenue NE, Columbia Heights, Minnesota 55421. RECITALS REAS, TCCLB and certain qualified sellers consisting of lenders and servicers ("Sellers'') as owners of certain foreclosed and abandoned properties located in certain economically distressed neighborhoods in the greater Minneapolis and St. Paul metropolitan area which are heavily affected by the foreclosure crisis ("Targeted Communities") are participants in the Real Estate Owned Purchase Program ("REO Purchase Program") of the National Community Stabilization Trust ("NCST"); WHEREAS, pursuant to the REO Purchase Program, TCCLB is provided with (a) a right of first offer to purchase real estate owned properties ("REO Properties") located in the Targeted Communities from Seller prior to the traditional marketing and listing for sale of such. REO Properties ("First Look Program") andlor (b) a bulk aged REO Property purchase program far purchasing significant numbers of currently-listed properties ("Bulk and Aged Property Program" and collectively with the First Look Program shall be referred to as the ``Program"} all of which REO Properties are located in the Targeted Communities; WHEREAS, the certain Program guidelines and agreements ("Program Guidelines") agreed to by TCCLB and by the Sellers provide TCCLB with air opportunity and limited right to access and inspect certain REO Properties identified. through NCST prior to the execution of a Purchase and Sale Agreement; WHEREAS, the Program contemplates the re-sale by TCCLB of certain of the REO Properties to City and EDA and City and EDA has expressed an interest in purchasing certain of the REO Properties ("Identified Properties"); WHEREAS, TCCLB desires to assign to City and EDA its rights to access and inspect the Identified Properties; WHEREAS, as a condition of TCCLB's assignment of its right to access and inspect the Identified Properties, City and EDA each agree to defend, indemnify, and hold TCCLB harmless from any and all claims made against TCCLB in connection with City and. EDA's inspection of the REO Properties; 45 NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Assignment of Right to Access and Inspect TCCLB hereby assigns and delegates to City and EDA its rights to enter upon and access and to inspect the REO Properties pursuant to the Program Guidelines. This assignment and delegation is non-delegable without TCCLB's prior written permission. 2. Indemnification. In consideration for TCCLB's assignment of its rights to inspect the Identified Properties and other consideration, including the right to purchase certain of the Identified Properties, City and EDA hereby agree to indemnify and fully protect, defend, and. hall TCCLB, its officers, directors, employees, shareholders, servicers, representatives, agents, attorneys, tenants, brokers, successors or assigns harmless from and against any and all claims, costs, liens, loss, damages, attorney's fees and expenses of every kind and nature that may be sustained by or made against TCCLB, its officers, directors, employees, shareholders, servicers, representatives, agents, attorneys, tenants, brokers, successors or assigns, resulting from or arising out of (a) the entry upon and (b) inspection of the Identified Properties by the City and EDA, or its employees, officers, agents or its permitted successors or assigns. Liability of City and EDA shall be governed by the provisions of Minnesota Statutes, Chapter 466, as amended, or other applicable law. 3. Insurance Requirements City and EDA shall maintain during the term of this Agreement comprehensive general liability insurance with minimum limits of $1.,000,000 per occurrence and $s,G00,000 in the aggregate. Upon request, City and EDA shall provide a certificate of insurance evidencing such coverage and naming TCCLB as an additional insured. The certificate of insurance shall also state that the insurer shall provide written notice to TCCLB of cancellation or material change in the insurance coverage stated on the certificate not less than 30 days prior to the cancellation or change of coverage. Notwithstanding anything to the contrary, the liability of City and EDA shall be governed by the provisions of Minnesota Statutes, Chapter 466, as amended, or other applicable law. 4. Costs of Inspection and Appraisals City and EDA shall be responsible for paying all costs resulting from its access to and inspection of the REO Properties. In addition, City and EDA shall be responsible far paying the costs of any appraisals or hroker price opinions ordered by City and EDA. 5. Term. The term of this Agreement shall commence on the Effective Date and shall continue until December 31, 2010 unless sooner terminated pursuant to Paragraph 6 below. Any sections of this Agreement which are intended by their terms to continue after termination survive the expiration or earlier termination of this Agreement. 6. Termination. Either party may terminate this Agreement at its discretion and without further obligation: (a) immediately if the other party breaches this Agreement and fails to cure such breach within five (5) days of written notice of default, or (b) at any time upon ten (10) days written notice to the other party. Upon termination, all unpaid fees owed to TCCLB or any third party by City and EDA shall be immediately due and payable. 2 46 7. Independent Contractor. City and EDA will at all times act as an independent City and EDA and nothing contained herein will be construed to create the relationships of joint- venturers, agency or employer and employee between the parties. City and EDA shall be responsible for the manner and means of performing its services under this Agreement and said manner and means are subject to the City and EDA's sole control. 8. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. 9. Entire Agreement. This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement, whether oral or written. This Agreement may only be amended by a written instrument signed by both parties. 10. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date first above written. TWIN CITIES COMMUNITY LAND BAND LLC, a Minnesota nonprofit limited liability company By: Rebecca L. Rom Its: Vice Chair CITY OF COLU IA HEIGHTS, a municipal corporation. and political subdivision under the taws of the State of Minnesota By: Gary Peterson Its: Mayor By: Walter Fehst Its: City Manager 3 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic and political subdivision under the laws of the State of Minnesota rx~,• ..,, . Gary Peterson Its: President By: Walter Fehst Its: Executive Director 47 CITY COUNCIL LETTER HACCT7T 7!'~ nt,. ~.r• nrrr n AGENDA SECTION: CONSENT ,~~~,~; ~ ORIGINATING DEPT: iivv yr . rvit~ic~,n a, ~u i u CITY MANAGER NO: FINANCE APPROVAL ITEM: RESOLUTION 2010-12 DESIGNATING BY: JOSEPH KLOIBER BY: ,,-° THE USE OF SEWER ACCESS CREDITS " ~ RECEIVED UNDER THE METROPOLITAN DATE: FEBRUARY 17, 2010 `' - "~' ~` COUNCIL'S SEWER ACCESS CHARGE POLICY The Metropolitan Council (MCES) provides sanitary sewer disposal for metro area cities. MCES charges cities a connection or sewer access charge (SAC) based on the level of usage for each new property connection to the sanitary sewer system. Cities, in turn, pass this charge through to the developer. The MCES procedure manual explicitly prescribes most aspects of this activity in great detail. Some limited aspects of this activity are at the Cities' discretion. Up to the present, City staff has administered the discretionary aspects of this activity using informal policy consistent with past practice in Columbia Heights and consistent with cities generally. However, with the increase in redevelopment within the City in recent years, this area has become financially more significant than in the past. Therefore, at this time, staff recommends that the City Council establish a formal policy for certain aspects of this activity, in the form of the attached resolution. The issues to be covered by the formal policy arise when an existing sewer connection is demolished. In these cases, MCES grants the City a SAC "credit" for the previous connection. This non-cash credit can only be applied towards SAC fees. Typically, it is applied towards the new connection fee at the same site upon redevelopment, and the new developer is not charged a SAC fee to replace the connection that was previously there. Prior to 2010, if the level of new sewer use at a redeveloped site was less intensive than the prior sewer use, a surplus or "net" SAC credit for reduction in use was granted to the City by MCES. In other wards, the value of the portion of the prior use that the new developer had no way to use, fell to the City. Under MCES policy, the City is able to convert these net credits to cash by applying them to the City's account with MCES when other projects with an increase in use occur, and at the same time, charging the developers of such other projects SAC fees for their increased use, since those other projects have no relationship to the first project. If this sounds overly complicated and unwieldy to you, you are not alone. MCES has just changed this policy. Effective January 1, 2010, if a property's new sewer use is Less intensive than its prior use, MCES will only grant SAC credits up to the level of the new use. No surplus or net SAC credits will be issued. Under the new MCES policy, the City is allowed to continue to use net credits it received prior to 2010, until they are exhausted. The major sources of SAC credit fram redevelopment in the City were the following demolitions occurring between approximately 2003 and 2008: • The former Kmart and Arby's • The former Apache theatre • The former industrial park area • The former NEI school building 48 Many of the SAC credits-from these sites were applied to the redevelopments at the given sites. As mentioned above, this has the effect of not charging the developer to replace apre-existing connection. The City currently has remaining obligations to provide two developers with such replacement credits, pending completion of certain phases of those developments. A current accounting of those obligations and the net SAC credits not obligated is as follows: SAC Credits_Converted to Cash But Obligated to Develo emirs Former Kmart and Arby's Site $27,150 Former Industrial Park Site $39,500 SAC Credits Converted to Cash With No Obligation Total $119,700 SAC Credits Not Yet Converted to Cash With No Obli ation 69 credits, current value $2,100 each $144,900 MCES' written policy does not restrict the City's use of the unobligated cash generated by SAC credits to any specific purpose. However, from a planning perspective, it is generally advisable to keep the expenditure of funds reasonably connected to the activity that generated them. City staff judges that it would be prudent to designate the use of these funds for improvements to the City's sewer system. that are required for redevelopment. Generally, this will be for increases in system capacity to handle additional use from. redevelopment. City staff also recommends that, in the event that new or increased sewer connections are required at City facilities, the related SAC fees be paid using non-cash SAC credits, to the extent available at that tine. The policy language recommended. by staff to address the above issues is contained in the attached resolution. Far information on other aspects of the MCES SAC activity, you may contact the Community Development Department. Note that the City also has adopted a City SAC fee in recent years. This is separate from and in addition. to the MCES SAC fee. Information on the City SAC fee can be obtained from the Public Works Department. Staff recommends that the City Council adapt the following motions: RECOMMENDED MOTION: Move to waive the reading of Resolution 2010-12 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2010-12 being a resolution to designate the use of sewer access credits received under the Metropolitan Council's sewer access charge policy. JPK 1002161 COUNCIL Attachment COUNCIL ACTION: 49 RESOLUTION N0.2010-12 DESIGNATE THE USE OF SEWER ACCESS CREDITS RECEIVED UNDER THE METROPOLITAN COUNCIL'S SEWER ACCESS CHARGE POLICY WHEREAS, for purposes of the sewer access charge (SAC) imposed by the Metropolitan Council, the City of Columbia Heights acts as a fiscal agent between the Metropolitan Council's Environmental Services division (MCES) and redevelopment projects within the City; and WHEREAS, under the SAC policies of MCES, credit for a sanitary sewer connection demolished within the City can, in certain cases, be utilized by the developer of a subsequent project at the same site; and WHEREAS, under the SAC policies of MCES, credit for a sanitary sewer connection demolished within the City cannot, in certain cases, be utilized by a developer of a subsequent project at the same site, and instead the economic benefit of that credit falls to the City; and WHEREAS, due to in increase in redevelopment within the City in recent years, the total economic benefits of such SAC credits within the City have grown in significance compared to prior periods; and WHEREAS, in view of these facts, the City Council finds it desirable to establish a formal policy for the aspects of these SAC credits that are under the control of the City, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that the City of Columbia Heights designates such SAC credits and any resulting revenues for the following uses: As a general practice, SAC credits generated at a given site will be made available far redevelopment project(s) at the same site, to the extent they can be utilized by the redevelopment. However, this is not a binding commitment an the part of the City to any future redevelopment or developer. Any such SAC credit is subject to all of same negotiations and approvals as any other element of a development agreement. In no case will the SAC credits be made available to a developer for a period of time beyond which they expire under MCES policies. 2. SAC credits that have been converted to cash, with no associated obligation, are designated for improvements to the City's sewer system as required for redevelopment. 3. In the event that a new or increased sanitary sewer use is required for a City facility, to the extent thai unobiigated non-cash SAC credits are available, they should be applied to the SAC imposed by MCES on that City use. Passed this 8th day of March, 2010 Offered by: Seconded by: Roll Call: Attest: Patricia Muscovitz, CMC City Clerk Mayor Gary L. Peterson 50 CITY COUNCIL LETTER AGENDA SECTION: CONSENT AGENDA NO: ORIGINATING DEPARTMENT: PUBLIC WORKS ITEM: ADOPT RESOLUTION 2010-16 AWARDING BY: K. Hansen STREET STRIPING, RESOLUTION 201.0-17 AWARDING DATE: 3/4/10 CRACK SEALING AND RESOLUTION 2010-18 AWARDING SEAL COATING 1vleetm~ ot: 3 CITY MANAGER BY: ~ .~ DATE: Background: City Council authorized staff to enter into a Joint Powers Agreement (JPA) with the Cities of Coon Rapids, Andover, Anoka, Brooklyn Center, Columbia Heights, East Bethel, Fridley, and Ham Lake to seek bids for Street Maintenance, including street striping, crack sealing and seal coating. For Columbia Heights, crack sealing arld seal coating are annual maintenance projects to help preserve the integrity and extend the life of the bituminous streets. Plans and specifications for the street maintenance project were advertised for bids in the Coon Rapids Herald on February S and 12, 2010 and in the Construction Bulletin on February 8 and 1S, 2010. Bids were received and publicly read aloud at the February 26, 2010 bid opening. A copy of the hid tabulation is attached. STREET STRIPING Company Traffic Marking Service, Inc. AAA Striping Service Co. Fahrner Asphalt Sealers, LLC CRACK SEALING Company Precision Sealcoating, Inc. Fahrner Asphalt Sealers, LLC American Pavement Solutions Asphalt Surface Technologies Corp. Allied Blacktop Co. Amount $ 131,404.25 $ 143,SSS.00 $ IS9,4S2.6S Amount $ 165,897.00 $ 173,814.00 $ 179,280.00 $ 187,465.20 $ 219,840.00 SEAL COATING Company Allied Blacktop Co. Fahrner Asphalt Sealers, LLC Asphalt Surface Technologies Corp Pearson Brothers, Inc. Analysis/Conclusions: Base Bid Amount (Trat~ Rock) $ 1,368,131.09 $ 1,478,007.39 $ 1,502,474.95 $ 1,503,966.82 Alternate Bid Amount Granite $ 1,120,699.33 $ 1,422,517.13 $ 1,260,OS3.8S $ 1,261,979.50 STREET STRIPING: The JPA low bid was submitted by Traffic Marking Service, Inc. of Maple Lake, Minnesota in the amount of $131,404.25 (total for all cities). For the City of Columbia Heights the estimated costs are $4 000 budgeted in State Aid Maintenance and $82S buds~eted in the General Fund -Traffic Signs and Signals CRACK SEALING: The JPA Pow bid was sc-bmitted by Precision Sealcoating, Inc. of Princeton, Wisconsin in the amount of $165,897.00 (total for all cities). For the City of Columbia Heights the estimated cost is $9 300 budged in State Aid Maintenance, $1,300 to be appropriated from Zone 4 Seal Coat project and $4 400 to be approt~riated from Zone S Seal Coat ~ro3ect. SEAL COATING: The 3PA low bid was submitted by Allied Blacktop Co. of Maple Grove, Minnesota, in the COUNCIL ACTION: CITY COUNCIL LETTER of: AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT' NO: PUBLIC WORKS . ITEM: ADOPT RESOLUTION 2010-16 AWARDING BY: K. Hansen STREET STRIPING, RESOLUTION 2010-17 AWARDING DATE: 3/4/10 CRACK SEALING AND RESOLUTION 2010-18 AWARDING SEAL COATING CITY MANAGER BY: DATE: amount of $1,368,131.09 (total for all cities) for Trap Rock, with an alternate bid of $1.,120,699.33 (total for all cities for Granite cover aggregate. Public Works recommends accepting the base bid amount. From bid prices in 2009, the cost of the trap rock aggregate increased $0.13 per square yard to $0.66 and granite aggregate increased $0.10 per square yard to $0.50. The cost of the asphalt emulsion increased $0.01 per gallon to $2.50. For the City of Columbia Heights the estimated costs are $9__0,500 to be appropriated from Zone 4 Seal Coat assessment proiect and $27,500 to be appropriated from City Infrastructure Fund RECOMMENDED MOTIONS -STREET STRIPING: Recommended Motion: Move to waive the reading of Resolution 2010-16, there being ample copies available to the public. Recommended Motion: Move to adapt Resolution 2010-16, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon. Rapids far the 2010 Street Striping Project to Traffic Marking Service lnc, based upon their low, qualified, responsible bid in the amount of $14.45 per gallon for Street Markings and $90.00 per gallon far Symbol Markings with an estimated cost of $4,000 to be appropriated from Fund 212-43190-4000 and $825 to be appropriated from Fund 101-43170-4000. RECOMMENDED MOTIONS -CRACK SEALING: Recommended Motion: Move to waive the reading of Resolution 2010-17, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2010-17, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2010 Crack Sealing Project to Precision Sealcoating, Inc, based upon. their low, qualified, responsible bid in the amount of $0.62 per lineal foot for crack sealing with an estimated cost of $9,300 to be appropriated from Fund 212-43190-4000, $1,300 to be appropriated from Fund 415-51001-4000, and $4,400 to be appropriated from Fund 415-51101-4000. RECOMMENDED MOTIONS -SEAL COATING: Recommended Motion: Move to waive the reading of Resolution 2010-18, there being aanple copies available to the public. Recommended Motion: Move to adopt Resolution 2010-18, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2010 Seal Coating Project to Allied Blacktop Company, based upon their low, qualified, responsible bid in the amount of $2.50 per gallon of emulsion and $0.66 per square yard of aggregate with an estimated cost of $90,500 to be appropriated from Fund 415-51001-5185 and $27,500 to be appropriated from Fund 430-46323-5185. Attachment: Resolutions, Bid Tabulation COUNCIL ACTION: RESOLUTION 2010-16 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2010 STREET MAINTENANCE, STREET STRIl'ING PROJECT TO TRAFFIC MARKING SERVICE, INC. WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement far bids for 2010 Traffic Markings, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Company Amount Traffic Marking Service, Inc. $ 131,404.25 AAA Striping Service Co. $ 143,555.00 Fahrner Asphalt Sealers, LLC $ 159,452.65 WHEREAS, it appears that Traffic Marking Service, Inc. of Maple Lake, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT SOLVED BY THE CITY COUNCIL OF COL IA HEIGHTS, MIlVNESOTA 2. L)ocuments. The City of Coon Rapids is hereby authorized to enter into a contract with Traffic Marking Service, Inc. on behalf of the City of Columbia Heights for 201.0 Street Striping, according to the specifications for said project and accepting Traffic Markings Base Bid. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the 3oint Powers Agreement and the Bid City Street Striping Project shall be funded with 85% State Aid maintenance funds and I S% general funds. Passed this 8th day of March, 2010. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 53 RESOLUTION 2010-17 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2010 STREET MAINTENANCE, CRACK SEALING PROJECT TO PRECISION SEALCOATING, INC. WIIEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2010 Crack Sealing, bids were received, opened and tabulated. according to law. The following bids were received complying with the advertisement: Company Precision Sealcoating, Inc. Fahrner Asphalt Sealers, LLC American Pavement Solutions Asphalt Surface Technologies Corp. Allied Blacktop Co. Amount $ 165,897.00 $ 173,814.00 $ 179,280.00 $ 187,465.20 $ 219,840.00 WY~[EREAS, it appears that Precision Sealcoating, Inc. of Princeton, Wisconsin is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBL~ HEIGHTS, MINNESOTA The City of Coon Rapids is hereby authorized to enter into a contract with Precision Sealcoating, Inc. on behalf of the City of Columbia Heights for 2010 Crack Sealing, according to the specifications for said project and accepting Crack Sealing Base Bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Crack Sealing Project shall be funded with 65% State Aid maintenance funds and 35% project funds. Passed this 8th day of March, 2010. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 54 RESOLUTION 2010-18 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2010 STREET 11RAINTENANCE, SEAL COATING TO ALLIED BLACKTOP COMPANY WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2010 Street Maintenance, Seal Coating bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Base Bid Amount Alternate Bid Amount Company (Trap Rack) Granite Allied. Blacktop Co. $ 1,368,131.09 $ 1,120,699.33 Fahrner Asphalt Sealers, LLC $ 1,478,007.39 $ 1,422,517.13 Asphalt Surface Technologies Corp. $ 1,502,474.95 $ 1,260,053.85 Pearson Brothers, Inc. $ 1,503,966.82 $ 1,261,979.50 + REAS, it appears that Allied Blacktop of Maple Grove, Minnesota is the lowest responsible bidder. NOVV THEREFORE BE IT RESOL4TED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The City of Coon Rapids is hereby authorized to enter into a contract with Allied Blacktop Company on behalf of the City of Columbia I-leights for 201.0 Street Maintenance Seal Coating, according to tl~e specifications for said project. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Seal Coat Project shall be funded with 75% assessments and 25% infrastructure fund. Passed this 8'" day of March, 2010. Offered by: CITY OF COLUMBIA I-IEIGI-ITS Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 55 d N W~ N y~'2w °amc my~rc O a p O =qua F~~z a25 ~ W U f¢ G = ~ 2 m Z O W y F O W m m UW4~ LL 0.' W 6 Oo>~ () N¢~ z ° '~ >N iZ a o I o o °~ ~~ ~ I¢ ~ a ~ C ~ U a Z a Y O r I quo m~ ~ QQ W N U ~a - I z o. F N ~ ~ I 8 S S ~ ~ 8, ~ ~g 2 ~ SS 2 a D ~ I n m r I l a a I es I~® fl a ' p I 3 ( g° I 8$ ~ S 8 iO ~ ~ r V ?~ a I ~ g g $ I NI v m N I I IY I ~ ~ ~$ $ r Q _. .. S 8 oM1 , a O n e~ o S ~~ IS S ~ I ~ °o, N ~ ~ ~i, rv I ~ r QS f° ~ I ~ I o~°, ~ ~"°' ~~ n S g C v O Z I I I ~ ~? ~ I ( o o ~) ~ . 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U 0 O 2 ~ I __ ... - _ __ __ ~ I- ~ L CITY COUNCIL LETTER Meeting of March 8.2010 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: g " ~ Licenses ~~% . , NO: DATE: March 1, 2010 DATE: '~ Approval of the attached list of rental housing applications. They have met the requirements of the Property Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing License applications for March 8, 2010. COUNCIL ACTION: 57 ~~ !~ - ~ ~ List of 2010 Rental ~?, Licenses to Approve by ~~ '~"~ Council 825 41st Avenue N.E. -Columbia Meights, MN 55421 - Ph: 763-706-8156 -Fax: 763-706-8151 10002 3849 MAIN ST NE Roeller, Brian F10035 218 State Street S. $ 150.00 Bayport, MN 55003 10069 5055 6TH ST NE Binczik, Anne F10043 5054 6th Street N.E. $ 150.00 Columbia Heights, MN 55421 10075 4701 UNIVERSITY AVE Ahmed, Adam F10109 843 95th Lane NE $ 150.00 Blaine, MN 55434 10147 4045 JEFFERSON ST NE Saumweber, Christain F10044 19396 Auburn St NW $ 150.00 Elk River, MN 55330 10156 4539 CHATHAM RD NE Krtinich, Susan F10177 12210 Junipter Street $ 150.00 Coon Rapids, MN 55448 10169 4115 5TH ST NE Deprey, Andrea F10112 4115 5TH ST NE $ 150.00 Columbia Heights, MN 55421 10292 4138 QUINCY ST Mirdamadi, Ali F10021 2545 Radison Woods Dr $ 150.00 Blaine, MN 55449 10314 678 40TH AVE NE Ditter, Andrew F10029 8021 Cobblestone L N $ 150.00 Austin, TX 78735 20008 4506 FILLMORE ST Zhou, Chen F10016 5205 Scott Trail $ 150.00 Robbinsdale, MN 55422 20029 1401 42 1/2 AVE NE Schubilske, Timothy F10166 5730 Royal Oaks Dr $ 150.00 Shoreview, MN 55126 20030 3822 3RD ST NE Value Homes, LLC F10201 1304 University Avenue N.E. C/O Carol Crabtree$ 150.00 Minneapolis, MN 55413 03/01/2010 11:35 Page 1 58 "'I List of 2010 Rental ,. Licenses to Approve by . ,,~ Council 825 41stAvenue N.E. - Golumtaia Heights, MN 55421 - Ph: 763-706-8156 -Fax: 763-7Q6-8151 20082 1261 CIRCLE TERRACE BLVD NE Tohey, Joseph F10151 544 Summit Street N.E. $ 150.00 Columbia Heights, MN 55421 20115 1231 40TH AVE NE Xianmin, Zhang F10116 433 Magestic Court $ 150.00 Shoreview, MN 55126 20172 1214 CHEERY LN NE Moseychuk, John F10018 P.O. Box 581685 $ 150.00 Minneapolis, MN 55458 20182 4515 FILLMORE ST NE Mujir, Ibrahim F10028 15200 Elm Rd $ 150.00 Maple Grove, MN 55311 20183 5228 WASHINGTON ST Peterson, Darwin F10154 2323 145th Lane NE $ 150.00 Ham Lake, MN 55304 20331 4450 TYLER PL Mackey, Mark F10024 10305 Birkshire Road $ 150.00 Bloomington, MN 55437 30014 4330 3RD ST NE M.V.A. international F10146A 5100 Gambia Dr. #375 $ 165.00 St.Louis Park, MN 55416 30016 4322 3RD ST NE M.V.A. International 10146B 5100 Gamble Dr. #375 $ 165.00 St.Louis Park, MN 55416 30026 3969 5TH ST NE Frlj, Nedim F10175 8401 Center Drive NE $ 248.00 Spring Lake Park, MN 55432 30079 529 MILL ST Gramith, Charles F10023 233 W. Grandview Avenue $ 211.00 Roseville, MN 55113 30080 3725 MAIN ST NE Dunleavy, Mark F10152 3725 Main Street N.E. Apt #4 $ 160.00 Columbia Heights, MN 55421 03/01/2010 11:35 Page 2 59 ' List of 2010 Rental ,~ r ~.~ Licenses to Appron® by '` _ Council 825 41st Avenue N.E. -Columbia Heights, MN 55421 - Ph: 763-706-8156 -Pax: 763-706-8151 30106 4458 RESERVOIR BLVD Crestview Corporation F10047 4444 Reservoir Blvd. N.E. Attn: Nancy Burton $ 974.00 Columbia Heights, MN 55421 30120 4633 TYLER ST Cantiin Lake Properties LLC F10050 28551 127th St NW $ 160.00 Zimmerman, MN 55398 03/01/2010 11:35 Page 3 60 List of 2009 Rental Licenses to Approve Occupany LD. Property Owner Name i u~ ~ t Dane Froiland Property Address: 4828 5TH ST NE 03/01/2010 11 e36 61 Page 1 CITY COUNCIL LETTER M t" f• M h 8 ee m o . arc , 2010 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: March 8, 2010 BY:. %'~°, //'`t . . BACI~GRO /ANALYSIS Attached is the business license agenda for the March 8, 2010 Council meeting. This agenda consists of applications for 201.0 Contractor licenses. At the top of the license agenda you will notice a phrase stating *Signed Waiver Farm Accompanied Application. Thrs means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public, RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for March 8, 2010 as presented. COUNCIL ACTION: TO CITY COUNCIL March 8, 2010 62 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2010 BLDG *Adam's On-Time Plumbing 13791 Jonquil Ln N. Dayton $60 *Schnapp PI & Htg 682 125`h Ln, Blaine $60 *Den-Mark Plumbing 8445 Quail Hill Rd, Maple Grove $60 *Marsh Heating & AC 6248 Lakeland Ave N, Brk Park $60 *Superior Htg & AC 3731 Thurston Ave, Anoka $60 Lane Valente Industries 5395 Jackson Dr, Mounds View $60 63 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: March 8, 2010 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 133774 through 133953 in the amount of $ 869,452.78 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 64 mw ~~~~~~ H c~ ~ ~ x~ c~ a ~ ~ H0..' i~ is W W ~ ~ x~ ~ ~ o ~ ~ ~C U ~ ~ H # .K c4 0 ~ ~ p, m ~ ~ vy >+ ~ ~ a~ ~ ~ w o~ * * U~ w~a O o o ~ ~ C R, a ~n d+ ~ ~ N U ~ m H C7 C7 ~ # N iD U ~ is M 5.s" uS i~ i~ 6.!) -ri O o ~, a is k z M •K -k H M ~ ~ cn a ~ -~-~~~~ H ~~~~~ ~~~~~~~~ a a ~~~~~ ~~~~,~~~~ a u,~u.uu ,~uus~uuuu v ~ * oooo* v ~ z ~cn a ~ "' zzzz o M UI i~ i~ U M ~ H .~+' i' zzzzi~ O O,Sf is -k ri '~" ',s' ii ~ O U ~ FC FC FC r~+ N ~ N ~ ~ ~ v ,L: is is 00 J.~ W U ~ W W W W I o ~~ ~ ~ ~ N .~ ~ o aaaa -v a ~ . ~., e ~ ~ ~ ~ ~ ~ C N ~ ~ W O ~ ~ ~ ~ ~ ~ w -k i~ ~ a~ a a~ -x ~ ~ C Vi ~ ~ N -rl N ~ H ~ ~ ~ m -,-i H W H ~ ~ .u N p R+o u1m ~ ~ [-~ .~ N U ..U UJ • • .k i~ p .U [] H ~ ~i N ~ ~ -~ ~ .u }~ v O FC ~ ~ v a, C m s~ ~ s~ ..t1 • .u v ~ i v H ~ ~ ~ N • • O N .u .U N ~ rt! a~ Pa U C U o ~ ~ ,H u; cn U N 'TJ C C . 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CO riNNNNNNNNNNc~cnMMMM~i+~~ y+~p ~ . W p ~p ~p ~p ~p ~ ,rOO~O H W W i W r ~a H (Y~ O a~ Oo U ~ W e1~ O o H a H C7 U1 H W ~ ~ ~ W O U] 1.1 N •ri 4Q x m H x Q ~: N I W ~ I H •• I ~~ zl ~ In o I Ul •• H I U N H x aH a I z H I Q,' H Qi 1 (n U o W U c z o U r~ W I a (~ I FC H \ ~ w ~r a ~ R Q ~ u~ ~ ~ ~ I H U rn I r.~ o Cu Gu ~ ~ COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting nf~ March R 7(11 n AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL NO: ITEM: 1st Reading of Ordinance 1576, being a BY: Jeff Sargent, City Planner BY: ~ , , `' Zoning Amendment as it Relates to Setbacks in DATE: March 3, 2010 , ~ , , l ''" the R-3 District. BACKGROUND: The purpose of the R-3, Multiple Family Residential District is to provide appropriately located areas for small lot single-family dwellings, multiple-family dwellings with up to eight units per structure (town homes, condominiums and apartments), congregate living arrangements and directly related complementary uses. Staff has determined that the current setback requirements for the R-3 District make it extremely difficult, if not impossible, to build additions or new homes on a majority of the R-3 zoned properties because of the preexisting size of the properties. The purpose of the proposed zoning amendment is to modify the setback requirements for one and two-family dwelling units located in the R-3 District to enable construction on these parcels without the constant need for a variance to do so. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on March 2, 2010. They voted unanimously to recommend City Council approval of the zoning amendment relating to signs in the Design Overlay District, with a ~-0 vote. RECOMM~IVDED MOTION: Move to waive the reading of Ordinance No. 1576, being ample copies available to the public. Move to set the second reading of Ordinance No. 1576, for Monday, March 22, 2010, at approximately 7:00 p.m. in the City Council Chambers. Attachments: Dra t Ordinance Li 76 (1's` Readin Format), P+Z Re w•t COUNCIL ACTION 73 ORDINANCE NO.1576 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE R-3, LIMITED MULTIPLE FAMILY RESIDENTIAL DISTRICT The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.109 (C) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.109 RESIDENTIAL DISTRICTS. (C) Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the residential districts shall be as specified in the following table: R-1 R-2A R-2B R-3 R-4 Minimum Lot Area Single Family Dwelling 8,400 sq. ft. 6,500 sq. ft. 6,500 sq. ft. 6,500 sq. ft. 6,500 sq. ft. Two-Family and Twinhome Dwelling 12,000 sq. ft. Existing on January 1, 2005 - 5,100 sq. ft. Established after January 1, 2005 - 12,000 sq. ft. 8,400 sq. ft. 8,400 sq. ft. Multiple Family Dwelling 10,000 sq. ft. 10,000 sq. ft. Non-residential Structure 8,400 sq. ft. .,.. 6.500 sq. ft. 6,500 sq. ft. 10,000 sq. ft. 10,000 sq. ft. Lot Area Per Dwelling Unit Multiple Family Dwelling Efficiency 1,200 sq. ft. 800 sq. ft. One bedroom 1,800 sq. ft. 1,000 sq. ft. Two bedroom 2,000 sq. ft. 1,200 sq. ft. Three bedroom ?,500 sq. ft. 1,500 sq. ft. Additional bedroom 400 sq. ft. 200 sq. ft. Congregate Living Units 400 sq. ft. 400 sq. ft. Minimwn Lot Lvidth 70 feet 60 feet 60 feet 70 feet 70 ft. Minimum Lot Depth Residential Building Setbacks Front Yard 25 feet 25 feet 25 feet 1 & 2 Family - 2~ ft. Multi-Family - 30 ft. 15 feet Side Yard 7 feet* 5 feet* 5 feet* 1 & 2 Family - 5 ft. Multi-Family - 20 ft. 10 feet Corner Side Yard 12 feet 10 feet 10 feet 1 & 2 Family - 10 ft. Multi-Family - 30 ft. 15 feet Rear Yard 20% of lot depth 20% of lot depth 20% of lot depth 1 & 2 Family - 25 ft. Multi-Family - 30 ft. 15 feet 74 Non-residential Building Setbacks Front Yard 25 feet 25 feet 25 feet 30 feet I S feet Side Yard 40 feet 30 feet 30 feet 25 feet 10 feet Corner Side Yard 12 feet 10 feet 10 feet 30 feet I S feet Rear Yard 40 feet 30 feet 30 feet 25 feet 10 feet Single & Two Family Parking Setbacks Front Yard (excluding drives/pads) 25 feet 25 feet 25 feet 30 feet 30 feet Side Yard 3 feet 3 feet 3 feet 3 feet 3 feet Corner Side Yard 3 feet 3 feet 3 feet 3 feet 3 feet Rear Yard 3 feet 3 feet 3 feet 3 feet 3 feet Multiple Family Parking Setbacks Front Yard 30 feet 30 feet Side Yard 10 feet 10 feet Corner Side Yard 30 feet 30 feet Rear Yard 10 feet 10 feet Non-residential Parking Setbacks Front Yard 25 feet 25 feet 25 feet 30 feet 30 feet Side Yard 10 feet 10 feet 10 feet 10 feet 10 feet Corner Side Yard 25 feet 25 feet 25 feet 30 feet 30 feet Rear Yard 10 feet l 0 feet i 0 feet 10 feet 10 feet Maximum Height Residential structures 28 feet 28 feet 28 feet 35 feet 35 feet Non-residential structures 35 feet 35 feet 35 feet 35 feet 35 feet _ on-residential Floor Area Ratio 2,2 S@Ct10II 2® This ordinance shall be in full force and effect frorr4 and after 30 days after its passage. First Reading: March 8, 2010 Second Reading: March 22, 2010 Date of Passage: Offered by: Seconded by: Ro11 CaI1: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 75 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2010-0302 DATE: March 2, 2010 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for the R-3, Multiple Family Residential District PREPARED BY: Jeff Sargent, City Planner INTRODUCTION The purpose of the R-3, Multiple Family Residential District is to provide appropriately located areas for small lot single-family dwellings, multiple-family dwellings with up to eight units per structure (town homes, condominiums and apartments), congregate living arrangements and directly related complementary uses. Staff has determined that the current setback requirements for the R-3 District make it extremely difficult, if not impossible, to build additions or new homes on a majority of the R-3 zoned properties because of the preexisting size of the properties. The purpose of the proposed zoning amendment is to modify the setback requirements for one and two-family dwelling units located in the R-3 District to enable construction on these parcels without the constant need for a variance to do so. COMPREHENSIVE P One goal of the Comprehensive Plan pertaining to housing is to "preserve and expand the single-family neighborhoods as the community's strongest asset." The majority of the R-3 District throughout the City of Columbia Heights is populated with single-family dwellings. Amending the Zoning Code to promote the construction of additions and new homes would be directly consistent with the intent of the Comprehensive Plan. ZONING ORDINANCE The current Zoning Code pertaining to the R-3 District requires substantial setback requirements compared to other residential zoning districts. The following table outlines the setback requirements far each residential zoning district: City of Columbia Heights Planning Commission March 2, 2010 City of Columbia Heights, R-3 District Case # 2010-0302 R-1 R-2A R-2B R-3 R-4 Front Yard 25 ft. 25 ft. 25 ft. 30 ft. 15 ft. Side Yard 7 ft. 5 ft. 5 ft. 20 ft. 10 ft. Corner Side Yard 12 ft. 10 ft. 10 ft. 30 ft. 15 ft. Rear Yard 20% of Lot De th 20% of Lot De th 20% of Lot De th 30 ft. 15 ft. A study was conducted of the R-3 District to determine whether single and two-family properties would be able to sustain the required setbacks. The study revealed that there are 469 single and two-family parcels in the R-3 District. The following table breaks down the average lot size and number of unbuildable lots currently in the R-3 District: One and Two Famil Residences in the R-3 District vera a Lot Width 50.99 Avery a Lot De th 129.18 vera e S care Foota a 6,587.03 Total Number of One and Two Famil Lots 469 Number of Unbuildable Lots 261 Percents a of Unbuildable Lots 55.65% Number of Unlike) Buildable Lots 315 Percents a of Unlike) Buildable Lots 67.16% As the table indicates, the average lot width far single and two-family parcels is 51 feet. In order to build within the specifications of the Zoning Code, a new house would have to be set back 20 feet fram the side lot lines. Given the average lot width of 51 feet, this would leave a perspective builder approximately 11 feet on the property to build a house. The study also indicated that 315 of the 469 lots, or 67% of the total number of one and two-family parcels in the R-3 District, were too small to build on without the need of a variance to do so. For this reason, Staff is proposing a Zoning Amendment that would alleviate the setback restrictions imposed on these properties. Staff recommends recreating a separate setback category for one and two-family dwelling units within the R-3 District, and imposing setback restrictions consistent with the R-2A District on those parcels. The following table outlines Staff s recommendation: R-1 R-2A R-2B R-3 R-4 Front Yard 25 ft. 25 ft. 25 ft. 1 & 2 Family - 25 ft. Multi-Famil - 30 ft. 15 ft. Side Yard 7 ft. 5 ft. 5 ft. 1 & 2 Family - 5 ft. Multi-Famil - 20 ft. 10 ft. Corner Side Yard 12 ft. 10 ft. 10 ft. 1 & 2 Family - 10 ft. 15 ft. Page 2 77 City of Columbia Heights Planning Commission March 2, 2010 City of Columbia Heights, R-3 District Case # 2010-0302 Multi-Famil - 30 ft. Rear Yard 20% of Lot Depth 20% of Lot Depth 20% of Lot Depth 1 & 2 Family - 25 ft. Multi-Famil - 30 ft. 15 ft. The purpose of the Zoning Amendment is to create 315 more buildable lots for one and two-family dwelling units within the R-3 District. 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. One goal of the Camprehensive Plan pertaining to housing is to "Preserve and expand the single-family neighborhoods as the community's strongest asset. " The majority of the R-3 District throughout the City of Columbia Heights is populated with single-family dwellings. Amending the Zoning Code to promote the construction of additions and new homes would be directly consistent with the intent of the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed zoning amendment is not solely for the benefit of a single property owner. The proposed amendment would allow prospective builders to construct additions to existing houses, ar to construct new houses in the R-3 District an properties which now would not be legally able to be buiff on. 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 genera! area of the property in questio~i are co~i~patibie with the proposed zoning classification. This zoning amendment will not change any existing zoning classification. 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. This zoning amendment will not change any existing zoning classification. Page 3 78 City of Columbia Heights Planning Commission March 2, 2010 City of Columbia Heights, R-3 District Case # 2010-0302 RECOMMENDATION Staff recommends amending the Zoning Code to help alleviate the setback restrictions currently imposed on the R-3, Multiple Family Residential District, in regards to one and two family properties as outlined in the Draft Ordinance. Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment, allowing for businesses subject to modifying the setback requirements for one and two family dwellings in the R-3, Multiple Family Residential District. Attachments • Draft zoning ordinance Page 4 79 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting ~f: March R_ 2~1~ AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL NO: ITEM: 1st Reading of Ordinance 1577, being a BY: Jeff Sargent, City Planner BY: Zoning Amendment as it Relates to Planning DATE: March 3, 2010 Fees. BACKGROUND• At the August 25, 2009 EDA meeting and the City Council meeting ofNovember 30, 2009 staff presented its recommendation to revert planning fees back to a flat fee system. Currently, planning fees are done on an escrow based system that creates a significant amount of work (that is not reimbursed) to receive a check, create an escrow, receive documentation from departments regarding time allocations and then reissuing checks back to the applicant. Most of the planning applications are straightforward and a simple flat fee would reduce all of the aforementioned work. As part of the planning fee structure, staff has included language that the City retains the right to seek an escrow and additional payment far any out-of-pocket expenses for consultants and/or to obtain an escrow for cases that are extraordinary in size or complexity. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing far the request on March 2, 2010. They voted unanimously to recommend City Council approval of the zoning amendment relating to signs in the Design Overlay District, with a 5-0 vote. RECOM NDED MOTION: Move to waive the reading of Ordinance No. 1577, being ample copies available to the public. Move to set the second reading of Ordinance No. 1577, for Monday, March 22, 2010, at approximately 7:00 p.m. in the City Council Chambers. Attachments: Draft Ordinance 1577 (1" Readin Format), P+Z Re ort COUNCIL ACTION : 80 DRAFT ORDINANCE NO.1577 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO MINIMUM PLANING AND ZONING APPLICATION FEES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.104 (C)(5) of the Columbia Heights City Cade, is proposed to include the following additions and deletions: § 9.104 ADA~IINSITRATION AND ENFORCEMENT. (C) General application procedures. (5} Application fees. Fees for all applications for development or land use approval shall be a flat rate and established by resolution of the City Council. z4 , 9 +"° ^..,.':^^~+. The City retains the right to require an escrow and additional payment for any out-of-pocket expenses for consultants and professional services and/or to obtain an escrow for cases that are extraordinary in size or complexity. Remaining escrowed funds not spent in reviewing the application shall be returned to the applicant. Tf th~rnct tc .,, ..., ..' the cYl,l:.,ct.~...,<~~~.,~~ +'' ~ +c. ';^.,,,+ ~"^" +~,° +°+^,,,a: r. ' Pa ment of all fees is a condition of °.t,t,...,~..,.. .,.pub-cmc-ocat~ccrrar,-r~accrun~cc. y application approval. The fee schedule shall be: PLANNING AND ZON{NG FEE SCHEDULE Land Use Action Flat Rate Fee ooeal $185 Com rehensive Plan Amendment $500 Conditional Use Permit $200 Prelimina Plat $500 + Escrow Final Plat $100 Interim Use $250 Minor Subdivision Lot S lit $275 Site Plan Review $250 acation $150 ariance $200 Zonin Amendment $500 81 Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: March 8, 2010 Second Reading: March 22, 2010 Date of Passage: Offered. by: Seconded by: Roll Call: Attest: Patricia Muscovitz, CMC City Clerk Mayor Gary L. Peterson s2 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2010-0305 DATE: March 2, 2010 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment Pertaining to Zoning Application Fees PREPARED BY: Jeff Sargent, City Planner BACKGROUND At the August 25, 2009 EDA meeting and the City Council meeting of November 30, 2009 staff presented its recommendation to revert planning fees back to a flat fee system. Currently, planning fees are done on an escrow based system that creates a significant amount of work (that is not reimbursed) to receive a check, create an escrow, receive documentation from departments regarding time allocations and then reissuing checks back to the applicant. Most of the planning applications are straightforward and a simple flat fee would reduce all of the aforementioned work. As part of the planning fee structure, staff has included language that the City retains the right to seek an escrow and additional payment for any out-of-pocket expenses for consultants andlor to obtain an escro`,~P for cases that are extraordii ar°y i..~ size or complexity. COMPREHENSIVE PLAN Restructuring the fee schedule for Planning and Zoning land use requests enables staff to more efficiently use their time and thus provides a better service to the community. Processing land use requests more efficiently will also make it easier to pursue many of the goals of the Comprehensive Plan. ZONING ORDINANCE As stated previously, the current zoning ordinance requires an escrow to be collected as the sole means for funding land use requests. Staffspends a considerable amount of time tracking the hours of phone calls, emails, meetings and staff report writings in an effort to City of Columbia Neights Planning Commission March 2, 2010 City of Columbia Heights, Application Fees Case # 2010-0305 accurately account for the amount of time each land use application takes to complete. More time is then taken to process refund checks - if needed -and then mail out the checks to the applicants. The proposed ordinance would revert back to a flat-rate fee for Planning and Zoning applications. The following table depicts the amount of escrow the City had previously required for each land use application, as well as the proposed amount the City will collect as a flat rate fee: PLANNING AND ZONING FEE SCHEDULE Land Use Action Escrow Previous Collected Pro osed Flat Rate Fee eal $185 $185 Com rehensive Plan Amendment $545 $500 Conditional Use Permit $220 $200 Prelimina Plat $670 $500 + Escrow Final Plat $395 $100 Interim Use $255 $250 Minor Subdivision Lot S lit $275 $275 Site Plan Review $370 $250 acation $150 $150 ariance $235 $200 Zonin Amendment $545 $500 It is anticipated that larger redevelopment projects will take a considerable more time to process than smaller, simpler land use requests. Far this reason, the City will retain the right to seek an escrow and additional payment for any out-of-pocket expenses for consultants and/or to obtain an escrow for cases that are extraordinary in size or complexity. Staff also conducted a comparison of Application Fees other cities in the area charge. This information can be found on Appendix A. 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. Restructuring the fee schedule for Planning and Zoning land use requests enables staff to more efficiently use their time and thus provides a better service to the community. Processing land use requests more efficiently will also make it easier to pursue many of the goals of the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. Page 2 84 City of Columbia Heights Planning Commission March 2, 2010 City of Columbia Heights, Application Fees Case # 2010-0305 The proposed amendment is a citywide endeavor and is not solely for the benefit of a single property owner. 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 amendment would not change the zoning classification of a particular property. 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 amendment would not change the zoning classification of a particular property. RECOMMENDATION Staff recommends approval of the proposed Zoning Amendment. Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments C3raft zoning ordinance Page 3 85 C 'Ep O O C W In 0 0 0 0 O O O O N O W O E v o In N o N uz M o to In Q) o V o N o N O o N m O u> ~° m oo ~ O o d en w en tR yr en va en ss en } N u~ ~ { e n en ~ ~ ~ o c 0 N » es 0 0 U 0 N UJ O m d o O N ° N N O N~ O r 0 n N + s T ~ O O g • M 0 N N 0 t n N M 4 n ~ X ~ ~e np ~ ~ d ~ ~ b9 ~ en In O N V3 N 3 4 3• 0 N 0 (O e O n U O ) } O V O t M N N N N ~ O C°' 1 N 0 N fn f n E n f n V i 6 r ~ 4 V ' } ~ ~ f ~ n ~ G ~ lon N N ~ V IOnO O UO 5O 0 U° i ry N U ~ . (n w U'i N M d EJ4 V 3 N d M ! V N l en ~ en _ d 3 ? fR > 3 3 i0 ~ 3 3 C N 4. 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N en i, ~ en `- ~ } n In M fA y. fn M en bN4 Vl 604 + O O O (n N fA ~ Vi C E ' O = 3 o m Eln o 00 0 0 0 0 0 o w o O Qa U7 o N oln M M o U7 0 N 0 U) 0 O 0 N 1 o m o O ~ fn fR NS FA fA f A f n ( n f n f n n }O N I N F n ff ~ ' M ` E U C d G ~ U O H m . L . C ~ . V = y E o m~ ~ ~ m a r ~ 3d a `m a 'o ~ E L l0 C Y m S ~ N Y N N L N U I Y Q N O E O v S C U ¢ v III =x O z N N z ~ m ? L e nm O 3 O s~ .~ li m O B w O ~ a O E m w u C U •~-„ ~ A L !? as .. m N m .~ O w w V N IO V ~ ~ N d ~. C IO r R ` m _ aL.i N O ~ V d U N a > E t ~ A L ~ ~ C d O 7. N~U > O ~ N p, C m A ~ ~ O w ~ ~ ~ W W G e~-N N N IO T m c N O 0 Press Release: Congressman Keith Ellison For Immediate Release Monday, March 08, 2010 Contact: Rick Jauert 202.225.4755 Rick.Jauert(a,mail.lrouse.gov Ellison Intro ces School Nutrition Legislation "Hungry minds cannot learn on empty stomachs" Washington, D.C. -Congressman Keith Ellison {D-Minneapolis) will introduce two major pieces of child nutrition legislation next week when Cangress reconvenes far the fall session. The first bill allows thousands of low-income children in Minnesota and across the nation access to the federal school lunch program. Currently, children whose families make less than 130 % of the federal poverty guidelines ($28,665 far afour-person family) receive free school meals through the federal school lunch and breakfast program. Children whose famines make between 130% and 185% of the poverty guidelines {$28,665 and $40,793 for afour-person family) may have access to reduced price school meals. Unfortunately, as result of the economic downturn, thousands of these low-income working families often cannot afford to pay for their children to receive the reduced price meals. This legislation makes school meals free for ail children with family incomes below 185%. in Minnesota this would mean that 54,000 mare low-income children would have access to free school lunches. "Hungry minds cannot learn on empty stomachs," Ellison said. "This legislation takes the burden of the tough economic times off the backs of innocent children and hard-wanking parents. This is what compassionate government does during difficult times," Ellison stated. "Child hunger is on the rise in Minnesota," said Colleen Moriarty, Executive Director of Hunger Solutions Minnesota. In the first 6 months of 2009, there were 483,831 food shelf visits serving children. That is a 20% increase over 2008. The free school meal programs allow children to be ready to learn regardless of family income." Hunger Solutions Minnesota is a comprehensive hunger relief organization that works to end hunger in Minnesota. Additionally Congressman Ellison will introduce legislation to curtail practices by some school ..I:..a..:..a., al.. .. a. ..a:,-...., ., a.:_.. _1-:1-/.... .- .L _ a.L _ _ t_._ :IC_ `tt_ -~ r u~~u t~~~ Llltll JU[j111tlUGC t,1111U1C11 V1/11C11 utCit tdtllltlCS l;alt(1t)t aiTC7rQ t0 pay TOr SCh001 meals. The legislation prohibits school districts from implementing any policies that stigmatize children or withhold educational opportunities because the family has unpaid school meals bills. The legislation also specifically prohibits school districts from using debt collection agencies to attempt to recoup the unpaid bills from families. "Poverty is not a character defect; it's a temporary economic set-back far parents," Ellison stated. "This program is designed to help kids focus on their education, and to stay in school- not be singled out because of their misfortune." "hunger Solutions Minnesota supports this new legislation because the student's only job is to learn and thrive. Schools need to provide nourishing environments, not stressful situations where children have to worry that there is no money in their meal account or fear being called out in front of their peers over who is going to pay for lunch," concluded Moriarty. Both bills are timely because Congress will be working on reauthorizing the Child Nutrition Act and the National School Lunch Act during this session of Congress. ### HR 3705 IH 111th CONGRESS 1st Session H. R. 3705 To amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to increase the number of children eligible for free school meals. IN THE HQUSE OF REPRESENTATIVES Qctaber i, 2009 Mr. ELLISGN (for himself, Mr. MCGOVERN, Mr. GRI]ALVA, Mr. CONYERS, Mr. SERRANO, and Mr. HASTINGS of Florida) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to increase the number of children eligible for free school meals. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, i. TITLE. This Act may be cited as the ~ Expand School Meals Act of 2009'. SEC. 2. FREE LUNCH ELIGIBILITY. (a} In General- Section 9(b)(1} of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1)) is amended-- (1) by redesignating subparagraph (B) as subparagraph (D); (2) by striking ~ (b)(i)(A) Not' and inserting the following: (b) Income Eligibility Guidelines- (1) ESTABLISHMENT- (A) IN GENERAL- Not'; (3} in subparagraph (A)-- (A) in the first sentence, by striking `and reduced price'; (B} by striking `The income guidelines for determining eligibility for free lunches shelf be 130 percent' and inserting the following: ` (B) FREE LUNCHES- The income guidelines for determining eligibility for free lunches shall be 185 percent.'; (C} by striking the third sentence; and (D) by striking `The Office' and inserting the following: ` (C} FREC~UENCY OF REVISIONS- The Office'; and (4) in subparagraph (D} (as redesignated by paragraph (1)}-- (A) by striking ` (D) The` and inserting the following: ` (D} AMOUNT OF REVISIONS- The'; and (B) by striking `subparagraph (A) of this paragraph' and inserting `subparagraph (C)'. (b) Conforming Amendments- (1) Section 9 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758} is amended-- (A) in subsection (b)-- (i) by striking `free and reduced price' each place it appears l~ti iCS a sal a par agraps ~ l~ J) ai°iu inser ~irlg `free'; (ii} by striking `free or reduced price' each place it appears and inserting `free'; (iii} in paragraph (2)(B}(i), by striking `, and shall contain' and all that follows through ` or reduced price lunches'; (iv) in paragraph (3}-- (I} in subparagraph (E}(iii}, by striking `free ar reduced-price` each place it appears and inserting `free'; and (II} in subparagraph (F)-- (aa) in clause (i), by striking `Subject to clauses (ii) and (iii)' and inserting `Subject to clause (ii),'; (bb) in clause (ii)(II), by striking ` 133 percent' both places it appears in items (aa} and (bb) and inserting ` 185 percent'; (cc) by striking clause (iii); and (dd} by redesignating clauses (iv) and (v) as clauses (iii) and (iv}, respectively; (v) in paragraph (7)-- (I} in the paragraph heading, by striking `AND REDUCED PRICE' and inserting `MEALS'; (II) by striking `and reduced price policy' each place it appears and inserting `meals policy'; and (III} in subparagraph (B}, by striking `and reduced price meals' and inserting `meals'; (vi} in paragraph (9}-- (I) in the paragraph heading, by striking `AND REDUCED PRICE'; (II) by striking subparagraph (B); and (III) by redesignating subparagraph (C} as subparagraph (B); (vii) in paragraph (i0}, by striking `or a reduced price lunch`; and (viii} in paragraph (11), in the first sentence, by striking ` or reduced price lunches'; (B) in subsection (c), in the third sentence, by striking ` or at a reduced cost'; !~i ~~~ JuUsec.t~on / fS ~ ~ ~a1, by striking ` or reduced price' each place it appears; and (D} in subsection (e), by striking ° , reduced price,'. (2) Section it of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a} is amended-- (A) in sttbsec°tinn (a)-- (i) in paragraph (1}-- (I) in subparagraph (A), by striking `and the product obtained by multiplying' and all that follows thraugh ° for such fiscal year'; (II) in subparagraph (B)-- (aa) by striking ` or reduced price lunches' the first place it appears; (bb} by striking ` or reduced price lunches, as the case may be'; and (cc} by striking `and reduced price lunches'; (III} in subparagraph (C)-- (aa) in clause (ii), by striking ` or reduced price lunches or breakfasts' each place it appears; and (bb) in clause (iii), by striking ` or reduced price'; and (IV) in subparagraph (D), by striking `and reduced price lunches' each place it appears in clauses (iii) and (iv); (ii} in paragraph (2), by striking `and the special assistance factor for reduced price' and all that follows through `free lunches'; and (iii} in paragraph (3}(B}(iii)(I}, by striking ` or reduced price'; (B) in subsection (b}; in the first sentence, by striking `and reduced price'; (C} in subsection (d}, by striking `and the average number of children who received reduced price lunches' each place it appears paragraphs (i) and (2); and (D) in subsection (e}-- (i) in the second sentence, by striking `, and shall serve meals at a reduced price' and all that follows through `such section"; and (ii} in the third sentence, by striking ` or reduced priced`. (3) Section 12(1)(4) of the Richard B. Russell National School Liaiiiif i Act (42 't~.j.i . i 76G(I}(~)} is amended-- (A) in subparagraph (C), by striking `and reduced price'; (B} by striking subparagraph (D}; (C) in subparagraph (H), by striking ` or reduced price'; and (D} by redesignating sE~bparagraphs (E) through (l~l} as subparagraphs (D} through (L}. (4) Section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761) is amended-- (A) in subsection (a}-- (i) in paragraph (1)(C)-- (I} by striking ° or reduced price'; and (II} by striking 'and reduced price`; and (ii} in paragraph (5), by striking ` or reduced price'; and (B) in subsection (f)(3), by striking ` ar reduced price`. (5) Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766} is amended-- (A} in subsection (a)(2)(B)(i), by striking ` or reduced price'; (B) in subsection (c)-- (i) in paragraph (1}, by inserting ` (as calculated on the day before the date of enactment of the Expand School Meals Act of 2009}' after `lunches, reduced price lunches'; (ii} in paragraph (2}, by inserting ` (as calculated on the day before the date of enactment of the Expand School Meals Act of 2009}` after `breakfasts, reduced price breakfasts'; and (iii) by striking paragraph (4} and inserting the following: ` (4} DETERMINATIONS- ` (A} FREE MEALS- Determinations with regard to eligibility for free meals and supplements shall be made in accordance with the income eligibility guidelines for free lunches under section 9. ` (B} REDUCED PRICE MEALS- Determinations with regard to eligibility for reduced price meals and supplements shall be made in accordance with the income eligibility guidelines for reduced price Lunches under section 9, as in effect on the day before the date of enactment of the Expand School Meals Act of 2009.`; (C) in subsection (f)(3)-- (i} by Str IICI[ig ` or reduced price` each place it appears; and (ii} in subparagraph (A}(iii)(II)(aa}, in the item heading, by striking ` OR REDUCED PRICE'; and (D) in subsection (r}(1)(B), by striking `or reduced price'. (6) Section 17A(c}(1_) of the Richard B_ Ri~~~ell National ~~hnnl Lunch Act (42 U.S.C. 1766a(c}(1)} is amended in the matter preceding subparagraph (A} by striking ` ar reduced price°. (7) Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by striking subsection (i}, (8) Section 19 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769x} is amended-- (A) by striking ` or reduced price` each place it appears; and (B} by striking `and reduced price' each place it appears. (9) Section 20(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b(b)) is amended by striking `and reduced price'. (10) Section 21(x)(1)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b-1(a}(1}(B)} is amended-- (A) in the matter preceding clause (i}, by striking ` or reduced price'; and (B) in clause (iii), by striking `and reduced price'. (c} Transition Rules- The Secretary of Agriculture shall carry out the amendments made by paragraphs (2} and (8} of subsection (b) in accordance with transition rules established by the Secretary. SEC. 3. FREE BREAKFAST ELIGIBILITY. (a) In General- Section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1733) is amended-- {1) in subsection (b}-- (A} in paragraph (1}-6 (i} in subparagraph {A){i)(II}-- (I} by striking `, for reduced price breakfasts,'; and (II) by striking ` or reduced price'; {ii) in subparagraph (B)-- (I) in the third sentence, by striking ` or reduced price'; and (II) by striking the second sentence; (iii) by striking subparagraph (C}; (iv) by redesignating subparagraphs (D) and (E) as subparagraphs {C} and (D), respectively; and (v) in subparagraph (D} (as so redesignated}-- (I} in the subparagraph heading, by striking `AND REDUCED PRICE' and inserting `MEALS'; (II) by striking ° and reduced price policy' each nlar~ it artn~ar~ anti irtcPrtinrr `Plc rkn(ir~p'° ~•--- •- -ter...,....,... ........ ...,.,.........~ .............. r.........1 r and (III) by striking `and reduced price meals' and inserting `meals°; and (B) in paragraph (2}-- (i} in subparagraph (A}, by striking ° or reduced price`; and (ii} by striking subparagraph (C}; and (2) in subsections (d)(1)(A) and (e)(1}(A), by striking `or at a reduced price' each place it appears. (b) Conforming Amendments- (1) Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776} is amended-- (A) in subsection (e)(2)(B)(ii), by striking ` or reduced price`; and (B) in subsection (i), by striking `and reduced price` each place it appears in paragraphs (2)(8)(111) and (3)(B)(i). (2} Section 17(d)(2)(A}(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(A}(i}} is amended by striking ~ and reduced price'. (3) Section 20(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1789(b}} is amended by striking ~ and reduced-price'. END Search Results -THOMAS (Library of Congress} '?'he Libru r,~ of ConWf?5s > TNO"4AS fl~'TiF > 6ili=, RF.soliitln ~s > Spa rCh R6~_,ul[5 NEW SEARCH ~ HOME ~ HELP Part Subscribe Sharei Save H.R.3705 Title: To amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to increase the number of children eligible for free school meals. Sponsor: Reo Ellison, Keith [MN-5] (introduced 10/1/2009) Cosponsors (45} Related Bills: .1737 Latest Major Action: 11/16/2009 Referred to House subcommittee. Status: Referred to the Subcommittee on Healthy Families and Communities. All Information (except text) Text of Legislation CRS Summary Ti le Cosponsors (45} Committees Major Congressional Actions All Congressional Actions Related Bills Amendments Related Committee Documents All Congressional Actions with Amendments With li k i l R d t t t C CBO Cost Estimates Subjects n ongress ona ecor pages, vo es, repor s s o rHOnicc_H~,c== I c;o~ara~c I ~_ress~~~~ii~ I ~ I ri~srco,~ Page 1 of 1 http://thomas.ioc.gov/cgi-bin/hdquery/z%dl i I :h.r.037u5: 3/~i~u10 Search Results -THOMAS (Library of Congress) i he LiCrarp ~i Cceiore_~s> THOt~6i~. Ho;ne> Gilts, '~s:>liiu~~ns ~= Saarch Result= Page 1 of 1 NEW SEARCH ~ HOME ~ HELP ~ ABOUT COSPONSORS Print Su~2ribe Sharel5ave H.R.3705 Title: To amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to increase the number of children eligible for free school meals. Sponsor: Rep Ellison, Keith [MN-5] (introduced 10(1/2009) Cosponsors (45) Related Bills: .17 7 Latest Major Action: 11/16/2009 Referred to House subcommittee. Status: Referred to the Subcommittee on Healthy Families and Communities. COSPONSORS(45j, ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date) Reg Baca, Joe [CA-43] - 10/22/2009 Rep Berman, Howard L. [CA-28] - 10/22/2009 Rep Blumenauer Earl [OR-3] - 11/5/2009 Re my Robert A [PA-1] - 2/4/2010 Rep Capuano, Michael E. [MA-8] - 10/22/2009 Rep Carnahan, Russ [MO-3] - 12/2/2009 Rep Carson Rndre [IN-7] - 10/22/2009 Rep Castor, Kates [FL-11] - 12/2/2009 R.ep Conyers. John. Jr. [MI-14] - 10(1/2009 Rep Courtney. Joe [CT-2] - 1/15/2010 Rep Cummings Elijah E. [MD-7] - 10/22/2009 Rep Edwards Donna F. [MD-4] - 10/22/2009 Rep Farr, Sam [CA-17] - 12/16/2009 Rep Filner, Bob [CA-51] - 10/22/2009 Rep Gonzalez. Charles A. [TX-20] - 2/4/2010 Rep Grayson, Alan [FL-8] - 12/2/2009 Rep Green, AI [TX-9] - it/SJZ009 Rep Grijalva, Raul M. [AZ-7] - 10/1/2009 Reo Gutierrez, Luis V. [IL-4] - 1/15/2010 Rep Hastings. Alcee L. [FL-23] - 10/1/2009 Rep Hinchey Maurice D. [NY-22] - 10/22/2009 ~ Hirono Mazie K. [HI-2] - 10/22/2009 Rep Jackson-Lee, Sheila [TX-18] - 10/22/2009 Rep Johnson, Eddie Bernice [TX-30] - 10/22/2009 Rep Kit atrick Carolyn C [MI-23] - 11/5/2009 Re Kilroy, Mary Jo [OH-15] - 11/5/2009 Rep Lee, Barbara [CA-9] - 1/15/2010 Rep Lofgren. Zoe [CA-16] - 2/4/2010 Rep McGovern, James P [MA-3] - 10/1/2009 Rep Meek, Kendrick B. [FL-17] - 10/22/2009 Reo Me ks r gory W [NY-6] - 12/16/2009 Rep Olver Jphn W. [MA-1] - 2/4/2010 Rep Payne, Donald M. [N)-10] - 10/22/2009 Rep Polis, Jared [CO-2] - 12/16/2009 Rep Reyes, Silvestre [TX-16] - 10/22/2009 Rep Richardson, Laura [CA-37] - 2/4/2010 Rcp .cis-in., r-.- ~ rrtn ~ r~iysi ~~ v~egCr'C ~ P~ ~~ Lv, 20 Rep ow'Sky, J iiC" r'. [i.L 9] - ii)/22/2009 .ciC~a~' - u Rep Serrano Jose E [NY-r 6] - 10/1/2009 Rep Sires A(bio [NJ-13] l/15/2010 Rep Stark. Fortney Pete [CA-13] - 12(2/2009 Rep Sutton. Betty [OH-13] - 1/15/2010 Rep Watson, Diane E. [CA-33] - 12/2/2009 Rep Welch, Peter [VT] - 12/2/2009 Rep Woolsey, Lynn C. [CA-6] - 10/22/2009 _,HOin~s r3c,rve I c~„rti~t I nccessinmrv I ~ I ri~src;ov„ http:l/thomas.Ioc.govicgi-bin/'ndqueryiz%di i i:rIRG37G5:(cu,~a,(arsI~I~GIG