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HomeMy WebLinkAbout04/12/2010 RegularCITY OF COLUMBIA HEIGHTS 590 40"' Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Vlsitaurwebsiteat: www.ci.cralunabia-heigfats.nur.us Mavor Gary L. Peterson Councilmembers Robert A. Willimns Br:ece Nawrocki Tanunera Diehm Brace KeLenberg City Manager GVnlter 2 Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, Apri112, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, ivI'N. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or i 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/706-369? for deaf or hearing impaired only) 1. CALL TO ORDERIROLL CALL/INVOCATION Invocation by Pastor Ruth Hograbe, Community United Methodist Church. 2. PLEDGE OF ALLEGIANCE 3, ADDITIONS/DELETIONS TO ETING 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, GUESTS 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 iriotion. Items rerrioved from consent agenda approval will be taken up as the next order of business.} A. Approve minutes of the March 22, 20 i 0 City Council meeting. p4 MOTION: Move to approve the minutes of the March 22, 2010 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions pzz MOTION: Move to accept the minutes of the March 3, 2010 meeting of the Library Board of Trustees. C. Award of 2010-201 1 Tree Removal Contract pze MOTION: Move to award the 2010-2011 Removal of Trees, Trees and Stumps or Stumps Only on Public and Private Property contract to Nick's Tree Service Inc. of Corcoran, MN, based upon their low, qualified, responsible total bid for tree and stump removal, tree removal only, or stump removal only; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. D. Adopt Resolution 2010-26, being a Resolution authorizing the City of Columbia Heights to enter into Agreement No.96460 with MnDOT to act as the City's Agent in accepting Federal funds pz6 under the Federal American Reinvestment and Recovery Act (ARRAZ MOTION: Move to waive the reading of Resolution No. 2010-26, there being ample copies City Council Agenda Monday, April 12, 2010 Page 2 of 3 available to the public. MOTION: Move to adopt Resolution No. 2010-26, being a Resolution authorizing the City of Columbia Heights to enter into Agreement No. 96460 authorizing MnDOT to act as the City's Agent in accepting Federal Economic Stimulus Funds for City Project No. 0906, TH 65 Pedestrian Bridge. E. Approval of Mans and specifications anal ordering advertisement for bids for City fro; ec~ ~zQ 0813, Central Avenue Pipe Bursting Project MOTION: Move to approve the Plans and Specifications and order the Advertisement for Bids for City Project Number 0813, Sanitary Sewer Pipe Bursting Project, from 47th to 51st Avenues. F. Approval of the attached list of rental housing applications. They have met the requirements of p31 the Property Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for Aprii 12, 2010. G. Approve Business License Applications ~a3a MOTION: Move to approve the items as listed on the business License agenda for April 12, 2010 as presented. H. Approve payment of the bills p4a iv10TI0i~1: iviove to approve payment of the bibs out of the proper funds, as listed in the attached check register covering Check Number 1341.88 through 134376 in the amount of $921,955.14. MOTION: Move to approve the Consent Agenda items. 6. P LIC GS MOTION: Move to adopt Resolution No. 2010-24, approving a Site Plan fora 200-unit apartment complex located on the northeast corner of 47th Avenue and Grand Avenue, subject to the conditions outlined in Resolution No. 2010-24. MOTION: Move to waive the reading of Resolution 2010-25, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2010-25, approving a Minor Subdivision for the property located on the northeast corner of 47th Avenue and Grand Avenue, subject to the conditions outlined in Resolution No. 2010-25. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and. Resolutions 1. Second Reading of Ordinance 1578, being an Ordinance amending the Refuse and Recycling section of the City Code: Chapters 4, 5, 8. pe4 City Council Agenda Monday, April 12, 2010 Page 3 of 3 MOTION: Move to waive the reading of Ordinance 1578, there being ample copies available to the public. MOTION: Move to adopt Ordinance 1578, being an Ordinance Amending Ordinance 1490, City Code of 2005 relating to the Refuse and Recycling section: Chapters 4, 5, and 8. 2. Second Reading of Ordinance 1579, being an Ordinance amending the Tree Ordinance p93 section of the City Code: Chapter 4, <4rticle II, sections 4.201 and 4.202. MOTION: Move to waive the reading of Ordinance 1579, there being ample copies available to the public. MOTION: Move to adopt Ordinance 1579, being an Ordinance amending Ordinance 1490, City Code of 2005, Chapter 4, Article II, Sections 4.201. and 4.202. 3. First reading of Ordinance No. 1590, being an Ordinance relating to the date change of the ploo State Primary Election. MOTION: Move to waive the reading of Ordinance No. 1590, there being ample copies available to the public. MOTION: Move to adopt Ordinance 1590, being an Ordinance amending Ordinance No. 1490 City Code of 2005 relating to the date change of the State primary Election. a"~. Bid ConsideratiortS C. New Business and Reports 8. ADMI1yISTRATIVE REPORTS Report of the City Manager Report of the city Attorney 9® CITIZENS F R 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. ADJOURNl'VIENT ~~ 1' Walter R. Fehst, City Manager W F/pvm OFFICL~I. PROCEEDINGS CITY OF COLUMBL4 HEIGIITS CITY COUNCII. MEETING MA][2CH 22, 2010 The following are the minutes for the regular meeting of the City Council held at 7:05 p.m. on Monday, March 22, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Reverend Dan Thompson, Columbia Heights Assembly of God 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 information on the Senate proposal. for LGA pertinent to on Columbia Heights. Nawrocki questioned the new filing far office dates. City Clerk Muscovitz indicated the filing for l~'Iayor and two City Council member positions will be May 18 through 3une 1, 2010. Nawrocki requested discussion on use of the Public Safety building for public meetings, upcoming meetings on street cars and the K-Mart site development. A.4ayor Peterson stated that, with Council approval, these items would be added to the agenda. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. State Senator Satveer Chaudhary Peterson welcomed and thanked Senator Chaudhary for being present. Chaudhary mentioned that the new Public Safety building (PSB} is a beacon for the community and a community gathering place, including the recent fundraiser for our SACA food shelf and Cub Scout troop tours. He referred to the new gymnasium and possibly holding gun safety lessons at the PSB. For an inner ring city to do this is impressive. There are still issues of an aging housing stock. Historically, Columbia Heights has relied heavily on assistance from the state, which has gone down, making it a problem to deliver good services. The only place to turn is property taxes. Today the Senate debate was on the budget, passing a bill to reduce one-third of the budget deficit without raising taxes. Deficit issues are mainly due to the economy and previous decisions on the state's structural balance. There was an amendment today that offered $1.2 billion in state aid. The debate is now on what taxes to raise, property taxes or tax based on the ability to pay, and. what cuts to make. The State will not be able to fund nursing homes and schools like they were in the past. The Governor proposed cutting $1.5 billion for schools, $1.2 billion in housing credits, and $.5 billion for nursing homes. Chaudhary invited comments and concerns to take back to the Legislature. Fehst stated that through the Governor's proposal we anticipate losing all but $24,000 of our $990,000 in State Aid. He read a letter from the Finance Director regarding a four year plan to eliminate the need for local government aid, anticipating the loss, while providing the same level of service. Senate Bill #3223 cuts our market value homestead credit by $232,922 and local government aid by $895,180. What we would have received is $598,000 in homestead. credit and local government aid of $1,425,000. By the projected four year plan we are ahead by $104,000 but we are losing more money up front than we would have lost. If they would do this based. on tax capacity, we would do better than based on revenue. If the burden of taxes is balanced, it is better for the state. Chaudhary asked how we are making up the difference. Fehst stated by raising taxes, City Council Minutes Monday, March 22, 2010 Page 2 of 18 attrition, and employee furloughs. The Council has adopted a progressive four year plan to remove our dependency on local government aid. Nawrocki gave the history of LGA, and the affect of State mandates for such things as employee salaries. The governor's proposal does not cut back on mandates. Columbia Heights has one of the lowest average household incomes in the metro and a low commercial/industrial tax base. We have had double digit property tax increases for the last three years. The Legislature spoke of tightening the ability of local governments to conduct inspections cf rental properties. This is important in our city and we do not want to see the Legislature make it tougher. Peterson questioned the Federal health care bill impact on our state. Chaudhary stated that there will be a big impact and we still need specifics, which will be analyzed. Peterson thanked Senator Chaudhary for attending. Chaudhary invited people with questions or concerns to contact him at 651-296-4334 or on ~~ l~ .leu.state°.mn. ids. B. Young Artist Competition Announeernent -Sister City Committee members Dolores Strand, Sister City Committee Co-Chair, promoted their sponsorship of the 4`" Annual Young Artist/Author showcase to be held on April 7 at Murzyn Hall. Our local winner last year won the national competition and a trip to the International Conference in Ireland. There will be 40 pieces of art and 70 author entries. Anoka/Ramsey Community College and Cassie Feterman of the Sun Focus will help with the judging. There are cash prizes and the winners will go on to the national competition. Dorothy Penate, Sister City Committee, promoted their benefit dinner for the Children's Hospital in Lomianki, Poland. to be held an Sunday April 18, and is sponsored by Jeft's Bobby and Steve's Autoworld. Nawrocki requested a point of personal privilege and read a statement regarding comments at the last City Council meeting on his conference/meeting attendance and the benefit this has been to the city. He requested the same recognition and respect that others receive when they have the floor. Staff sllouid pt°eser-t ~r~ore corriprehensive information; not just what they want us to know. Diehm again explained her comments from the previous meeting regarding placing items for discussion on the agenda in advance so everyone can be prepared far the discussion. Peterson indicated again that attending conferences benefits our community. Motion by Williams, second by Kelzenberg to move on to the consent agenda. Upon vote: All ayes. Motion carried. CONSENT AGENDA Nawrocki requested to remove A, B, C, and D. City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve City Council Meeting Minutes -removed B. Adopt Resolution 2010-19, Being a Resolution A~provin~; Plans and Specifications and Ordering Advertisement for Bids for 2010 Street Rehabilitation Projects, Zone 5, City Project Number 1002 -removed City Council Minutes Monday, March 22, 2010 Page 3 of 18 C. Adopt Resolution 2010-20, Beim a Resolution Declaring the Official Intent of the City of Columbia Hei,~hts to Bond for Zone 5 Street Rehabilitation Projects, City Project 1002 - removed D. Adopt Resolution 2010-23, A Resolution Authorizing Application to the MN/DNR for a Local Trail Grant -removed. E. Approve Capital Equipment Replacement of Unit #409: Chevrolet C 15 Cargo Van from the State of Minnesota Purchasing Contract Motion to authorize the replacement of Unit #409 and purchase under the State of Minnesota Purchasing Contract one (1) new Ford E150 cargo van from Elk River Ford Dodge Jeep in the amount of $18,098 plus sales tax and license. Funding shall be from the Engineering Capital Equipment Replacement Fund 431-43100-5150. F. Approval of the attached list of rental housing; applications. They have met the requirements of the Property Maintenance Cade Motion to approve the items listed far rental housing license applications for March 22, 2010. G. Approve Business License Applications Motion to approve the items as listed on the business license agenda for March 22, 2010 as presented. H. Approve Payment of the Bills Motion to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 133954 through 134187 in the amount of $1,071,701.15. Nawrocki gL~estioned the license and tax cost far the van. Kevitl Hansen, Public Works Director, indicated there is a ~.5%' tax and the t;rst year license is about $120. Nawrocki questioned keeping the old van. Hansen stated this would be used to transport items such as pumps for winter water main breaks. Motion by Diehrn, second by Keizenberg, to approve the Consent Agenda items with the exception of items A, B, C, D. Upon vote: All ayes. otion carri A. Approve City Council Meeting Minutes Nawrocki referred to an a-mail from Donna Schmitt where she indicated that the minutes do not reflect her comments that CO Detectors and Smoke alarms inspections be mentioned prior to obtaining a permit. Peterson stated that minutes are not verbatim. Motion by Nawrocki, second by Williams, to approve the minutes of the March 8 City Council meeting with the addition as submitted; the minutes of the March 1, 2010 Seal Coat Public Improvement Hearing; and the minutes of the March 1, 2010 Street Rehabilitation Public Improvement Hearing. Upon vote: All ayes. Motion carried. B. Adopt Resolution 2010-19, Being a Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 2010 Street Rehabilitation Projects, Zane 5, Citeject Number 1002 Motion by Diehm, second Kelzenberg, Move to waive the reading of Resolution 2010-19, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes Monday, March 22, 2010 Page 4 of 18 Motion by Diehm, second Kelzenberg, to adopt Resolution 2010-19, being a Resolution approving plans and specifications and ordering advertisement for bids for 2010 Street Rehabilitation projects, Zone 5, City Project Number 1002. Nawrocki said he requested and did not receive a report on cracks in the street, as he does not personally believe these streets need this work. Hansen stated that a report would be generated with the information. and distributed. Williams commented that our streets are in beautiful condition compared to other communities. Hansen stated that this is an investment in our infrastructure and we are only doing the right thing at the right time. The street rehab program is on an eight year cycle. Donna Schmitt, 4260 Tyler Street, questioned who pays what percentage of the street repair costs. Hansen indicated that full reconstruction is paid 50% by the city and 50% by the property owner, partial reconstruction is a 70%/30%, split, mill and. over lay is 85%/15%, and. seal coat is 100% paid by the city the first time and assessed 100% after that. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. C. Adopt Resolution 2010-20, Being a Resolution Declaring the Official Intent of the City of Columbia Heights to rso~id ur Zoiie ~ Street Rehabilitation Projects, City Project i002 Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 201.0-20, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2010-20, being a resolution declaring the afficial intent of the City of Columbia Heights to Bond for Zone 5 Street Rehabilitation Projects, City Project 1002, Itilae-vrocki suggested we iiot bond uPitii we look at our financial situation and receive more information. Hansen stated this is only an intent to bond and is recommended by the auditor and required by the Council prior to bidding. Diehm stated that the resolution daes not commit the city to bond. and only keeps the option open. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. D. Adopt Resolution 2010-23, A Resolution Authorizing Application to the NfN/DNR for a Local Trail Grant Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2010-23, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2010-23 being a Resolution authorizing the Public Works Director to submit an application to the Department of Natural Resources Local Trail Program for eligible funds for trail improvements and designating the Director of Public Works as the primary contact far the program. Hansen indicated this resolution authorizes staff to apply for trail grant monies for Silverwood and City Council Minutes Monday, March 22, ZO10 Page 5 of 18 Silver Lake Beach, up to Park Boulevard. from 37t" to 39`" Avenues. The grant would not cover shore line restoration and slope improvement, but there are budgeted funds available. We would need to provide one-half of the total. cost. Nawrocki questioned the fishing dock for Silver Lake requested last year. Hansen stated that staff applied for a dock grant in 2009, but funding was cut far 2009 and 2010. Our application is still valid for the rest of the year if funds become available. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adobt Resolution 2010-21.534 Huset Parkway. being a Resolution of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Chief Gary Gorman stated the revocation is for failure to schedule an inspection and pay the license fee. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution Number 2010-21, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution Number 20l 0-21 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A). Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resalutions 1. Second Reading of Ordinance 1576, being a Zoning Amendment as it Relates to Setbacks in the R-3 District Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1576, being ample copies available to the public. Upon vote: Ali. ayes. Motion carried. Motion by W~ll~a!?~s, Second by Kelzenberg, to adopt Ordnance No. 1576, bung an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments relating to the R-3, Limited Multiple Family Residential District. Upon vote: Ail ayes. otion carried. 2. Second Reading of Ordinance 1577, being. a Zoning Amendment as it Relates to Planning Fees Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1577, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Ordinance No. 1577, being an ordinance amending Ordinance No. 1490 City Code of 2005, relating to minimum Planning and Zoning application fees within the City of Columbia Heights. Nawrocki indicated that last year $2,000 was refunded and there were only I S applications. He question if staff would be reduced. Fehst stated that this would free up staff to do more meaningful work. City Council Minutes Monday, March 22, 2010 Page 6 of 18 Diehm reiterated her comments from the last meeting in favor of this change as a flat fee is a benefit to residents, with the option to charge additional funds if necessary for large projects. This was the way review fees were charged in the past. Williams stated his agreement and called for the question. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. 3. First Reading of Ordinance 1579, being an Ordinance amending the Tree Ordinance section of the City Code: Chapter 4, Article II, section 4.201 and 4.202. Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance 1579, there being ample copies available to the public. Upon vote: AlI ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to establish the second reading of Ordinance 1579, being an Ordinance amending City Code Chapter 4, sections 4.201 and 4.202 for April 12th, 2010 at approximately 7:00 p.m. in the Council Chambers. Hansen stated this would amend existing City Code Chapter 4, Article 2 - 4.201 and 4.202 dealing with tree management. The League of Minnesota Cities (LMC) model ordinance relating to the new disease threat of Emerald Ash Bore (EAB). Section E adds references to EA>3 and includes definitions of nuisance and abatement. The Tree Inspector marks the tree, the property owner is sent a direct mailing, and the property is posted. Our ordinance allows 2v uay~ w erauicaEC Luc tee. vwilerS are given ti'te OptiC137 to remove ttie tree tti[oug'ri tt5e City's contractor or have it removed on their own. About 20 other cities have adopted the LMC model ordinance. Nawrocki suggested notifeation be by certified mail. Hansen stated the LMC suggests direct mail as this is a time sensitive issue. Trees are marked on the property; we leave notice at the property, and rve mail a notice. Certified mail adds cost and lengthens tl~e time of notification. Diehm indicated that it is difficult for many owners to go to the post office and sign for certified mail or they will not go to pick it up because it is certified. Hansen stated that there has not been a problem reaching people. If the notification is returned, we look at other options to contact people. Peterson reminded everyone that the diseased trees are plainly marked. Hansen stated that the follow up inspection is normally within 30 to 35 days. Kelzenberg explained that certified mail ($2.40) needs to be signed for and registered mail is insured. ($10). Motion to amend by Nawrocki to change the notification requirement to certified mail. Hansen stated. that certified mail is about $2 more per notice and we send 175 to 300 notices, requiring additional staff time. Second to amendment by Diehm. She stated she would not vote in favor of this, as the notice would be received faster by regular mail and she would prefer to have it delivered. Nawrocki City Council Minutes Monday, March 22, 2010 Page 7 of 18 indicated that this would improve the owner's chance of receiving the notification. Kelzenberg indicated that more people would receive the notice by regular mail. Upon vote of the motion amendment -Kelzenberg, nay; Williams, nay; Diehm, nay; Nawrocki, aye; Peterson, nay. 4 nays - 1 aye. Motion to amend failed. Diehm complimented staff for looking at ways to cut costs by tweeking the LMC model ordinance to meet our needs. Williams referred to the many homes now owned by banks and the need to be able to remove diseased trees quickly. Upon vote of the original motion: All ayes. Motion carried. 4. First Reading of Ordinance 1.578. Beim an Ordinance Amending the Refuse and Rec~ng Section of the City Code: Chapters 4, 5, 8 Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance l 578, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to establish the second reading of Ordinance 1578, being an Ordinance amending City Code Chapters 4, 5 and 8 for April 12th., 2010 at approximately 7:00 p.m. in the Council Chambers. Nawrocki questioned holidays, multi-dwelling owners responsible for lose/wear and tear of containers, Christmas trees, and utility bill due dates. Hansen stated that holidays are defined in the v ioiia contraci. The coniainer language is from our past coniraets. This alludes io damage from things such as hot coals. Peterson stated there has not been a problem with calling for a late pick up of trees. Hansen stated that bills are mailed one month before they are due. Nawrocki questioned commercial pick up times. Hansen stated. it is the same as the current code. 1:Jpon vote: All ayes. Motion carried, 5. Adot~t Resolution 2010-i5. lseina a Resolution Ar~r~rovinu Conservation Water Raie Sudv and Utility Rate recommendatians Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2010-15, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2010-15, which establishes Conservation Water Rates using an inclining block structure beginning in April of 2010, and establishes utility rates for Water Service, Sanitary Sewer Service, Storm Sewer and Refuse for 2010 through 2014. Hansen indicated that the water conservation rates are a new State mandate to encourage conservation. This recommendation only meets their minimum requirements. SEH. was contracted to study our rates and look at the minimum requirement of State Statues. Doug Klamerus, SEH, stated he did an analysis of rates for last year, classes, and meter sizes, and looked at three tier blocks. The top 20% of users use 45% of the water. Diehm indicated that this percentage means that 80% of our water users will not see a big change, the users that use the top 20% of water will pay more for usage above the basic level amount. Klamerus stated that the average usage is 15,000 gallons. Peterson indicated that one 10 City Council Minutes Monday, March 22, 2010 Page 8 of 18 person used 468,000 gallons. Hansen indicated that this recommendation creates a smaller grouping of classes to simplify the volume break and input into the utility billing system. Nawrocki stated that in the summer he exceeds the 25,000 gallons watering his grass and garden. Nawrocki questioned if this mandate was to control the amount of water going to the treatment plant. Hansen stated this is to reduce consumption and demand, and future demands on the Mississippi River water system.. Nawrocki questioned. car washes. Har!sen stated that they will pay more with higher usage. Nawrocki stated that the residential and. commercial cap amounts should be the same. Hansen indicated that the study referred to the top 20% of users in each group. Hansen again stated that this is the minimum requirement of the mandate. Nawrocki indicated there were rate increases in 2003 and 2006 and asked if this increases all utility rates. Hansen stated that only refuse rates are increasing. Klamerus indicated that refuse rates will. increase due to the large 45% increase in tipping fees. We will use the fund balance to diffuse the increase over three to five years. Diehm asked when the water consumption rate would be effective. Hansen stated January 1, 2010. Nawrocki indicated that the amount of refuse has decreased, but tipping fees increased. Hansen indicated the increase rs based on past usage. Nawrocki stated that this item should go back to a work session for further discussion. Hansen indicated this was presented at a work session. There are no changes to the water, sewer, and storm sewer rates. We needed to increase refuse rates to meet costs. Under this resolution we wiii use $y0,000 in fund baiance this year and $60,00(1 the fOllpwing year. NawrOEki Stated it 1S time that the c_,nmrner~ial u.SerS pay far water as a residential user. Diehm explained the term "reasonable" for residential and commercial water usage. Nawrocki spoke of residential water going back into the ground versus commercial water going down the drain. Fehst Stated tl'!at t1siS reCCrgilizeS exCeSS1Ve water usages. Joe Kloiber, ASSiStar!t Finaa!ce Director, indicated that the State's Intent was to identify non-essential water use. All water thrOttgh Sprtnkier tlleterS IS btlled at the higher rate at the Very Itrst gallon, aS Lhat 1S non- essential use. This identi#ies non-essential usage as over 25,000 gallons. The number of gallons used will be indicated on the utility bill. Fehst suggested this be highlighted. in the City's newsletter. Klamerus indicated the average residential usage is 15,000 gallons. Diehm stated that the additional charge would. be about $.80 and. again pointed out that this is a State mandate to encourage residents to conserve water. Nawrocki questioned the cost of a metered water sprinkler. Kloiber stated that some businesses run their sprinklers through a separate meter; residents do not usually do that. There is a higher fee, but there is no sewer charge for that water. Peterson referred to the time spent by SEH on this study and indicated. that this is the best option. Hansen stated the intent was not to raise revenue and have minimum impact on the largest majority of people. Diehm called the question. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. B. Bid Considerations 11 City Council Minutes Monday, March 22, 2010 Page 9 of l8 l . Adopt_Resolution No. 2010-22, beinP a Resolution Acceptinu Bids and Awarding a Contract for 2009 Public Improvements: Gateway Pedestrian Bride Reconstruction Project Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2010-22, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2010-22, being a resolution accepting bids and. awarding the 2009 Public Improvements: Gateway Pedestrian Bridge Reconstruction Project to C.S. McCrossan of Maple Grove, Minnesota based. upon their low, qualified responsible bid; in the amount of $2,035,167.55 with funds to be appropriated from Fund 415-50906-5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Hansen reviewed the seven bids received. The second lowest bid was only one percent above the low bid. There is a federal bid review process required. City costs include bridge demolition, at a cost of $22,600 and lighting, which is grant ineligible. The recommendation is far LED lights at a cost of $85,000. We must also move our sanitary sewer line at a cost of $22,480. Peterson asked if less federal funding would be received because the bids were lower than anticipated. Hansen stated yes. Nawrocki questioned if the process to take the necessary property is complete and what the final cost would be. Hansen stated that the date for the final hearing has not been set. Na~,v,-ocki indic,at?d that would be an addit.onal cost. Na~hlroek: dlsagrepd ~x,ith ,as.ng Ctate Aid dollars as they would no longer be available for other items. The local cost will be over $.5 million. Hansen stated there is a separate award of money for contract administration, engineering and other construction costs that would be eligible. Hansen stated that we are at $456,000 for the local share. Nawrocki indicated that one-half of the bridge is in Hilltop and the current bridge is ozva~ed by the State of Minnesota and the new'oridge will also'oe owned by the State. We should not be putting in local dollars. Fehst stated this action is by majority Council direction. Funding was sought through Congressman Ellison. State aid money is intended for public use. The consensus of the Council was that the bridge needed replacement. Diehm indicated that this has been a lengthy process, going back to working with Congressman Sabo, and we are pleased with the amount of federal funding received to reduce the cost to residents. Williams called for the question. Peterson asked if anyone present has any comments. Jeff Diehm, 5125 St. Moritz, spoke of the need for a handicap access on this bridge, and indicated instances that he observed. There were standards that do not meet current standards and as social awareness increases we need to revisit those things. He commended staff for obtaining dollars to pay the largest share of this. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Peterson commended staff and Congressman Ellison for their work on this project. This 12 City Council Minutes Monday, March 22, 2010 Page 10 of 18 shows the advantage of being prepared to move ahead with a project. The pedestrian bridge will be aesthetically pleasing and is necessary. We are considering a steel emblem to showcase the entrance of the city and Congressman Ellison suggested an informational sign for traffic or community information. Daehm indicated that a councilmember from another community stated they were envious that we were able to make this a reality. We were a good candidate that had a vision when stimulus funds became available. 2. A~,~rove Professional Services A~reei-let7t for the Gateway Pedestrian $rid~e -Construction Engineering Services Hansen stated that engineering funds became available in mid-February. We were required to follow a very specific qualification based selection. Cost cannot be a factor in choosing the bid; it must be qualification based. There were eight criteria and we advertised locally and through a national source. Five local bids were received. Based on the qualification basis Kimley-Horn ranked highest. After selecting the highest based ranking you negotiate with them for the amount. They are looking at giving us a three percent discount, which would be 11.5 percent of the construction costs. Motion by Williams, second by Kelzenberg, to accept the proposal from Kimley-Horn in the amount not to exceed $229,963, for Construction Engineering Services for the Gateway Pedestrian Bridge, and furthermore, authorize the Mayor and City Manager to enter into an agreement for the same. Hansen stated that the funding amount available is $~%5,000 and funds not used on engineering are available for Ltl?er ~~nctr~„Ir~tinn items st:ch aS changes and over-runs. Nawrocki questioned the cost of the initial plans and specs. Hansen stated that costs were $129,000 for a total engineering cost of 22 percent. The norm far Federal project engineering is 25 percent. Diehm stated that this defeats the argument that we would automatically pick the initial rm. Upon vote: Kelzenberg, aye; Williams, aye; Diehln, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. onion earri~d. C. New Business and Reports Nawrocki referred to a mailing from Anoka County that emphasizes the recession we are in as a record high 525 people visited them for unemployment benefits. We should take better account as to what residents have to pay. Peterson referred to the Arrest Hunger event promoted by our Police Department that raised $6,200 for our local food shelf, SACA. They can turn funds raised into 50,000 pounds of food. He stated his pride that Columbia Heights residents always rise to the occasion. ADMINISTRATIVE REPORTS Report of the City Manager Fehst referred to the EDA discussion tomorrow night on the Grand Central development for an initial 100 unit rental complex, followed by a similar unit later. Fehst referred to the suggested of a conflict between the meeting on street cars and the Board of Review. The Board of Review will be held in whatever entirety is required. Discussion on a possible Central Avenue street car began with Minneapolis Council member Paul Ostrow as another possible mode of public transportation. We do 13 City Council Minutes Monday, March 22, 2010 Page 1 I of 18 not know how likely this is to occur. Nawrocki referred to problems between light rail/street cars and vehicles. Nawrocki questioned the LMC information on what our LGA amount would be. Fehst indicated the current projection of $598,000 market value credit and $1,425,000 in local government aid. Senate bill #3223 reduces market value credit to $232,000 and LGA to $195,000, moving up more cuts than anticipated. Nawrocki again requested that the City newsletter be released sooner to allow notification of earlier election filing dates. Nawrocki referred to a letter from the University Heights Homeowner's Association regarding being turned down to use a meeting room at the Public Safety Building. Peterson suggested this be placed on the next work session for discussion. Nawrocki commented that the letter to residents on the Grand Central Lofts meeting tomorrow indicated that the meeting was not a public hearing and the EDA would not take public comment. He strongly disagreed. Peterson stated that the City Council would discuss this at their April 12 meeting and will take public comment at that time. Nawrocki referred. to a letter from a resident requesting smoking not be allowed in parks. Fehst stated this would be referred to the Park and Recreation Commission. Report of the City Attorney Jim Haeft stated that as it has been his pleasure to serve on the SACA Board for 20 years. He wished to extend tits iiearGfcit tiiaiiks to the Police Department, F ire Department, City Council, and the public for their support. The Arrest Hunger benefit was "out of the ballpark", SACA and the Board members appreciate this partnership with the City and the community. Nawrocki requested to see the bid dollar amounts far all the bridge engineering proposals. Peterson thanked Hoeft ~.~r his service on the SACA Board. `;i~'IZ~I'iT~ ~~RIJ~ Donna Schmitt, 4260 Tyler Street, questioned the tree ordinance allowing the inspector to enter property at any time. Hoeft stated that this is appropriate and that the building code and housing inspection code also give permission to enter property. Schmitt questioned the requirement to hire a profession for any work completed. This should allow for neighbors or students to remove shrubbery or trees. Hansen indicated this would be researched and discussed with the City Forester. Jeff Dielim, 5125 St. Moritz, stated his belief that the vast majority of citizens realize those who are looking out for the citizens, even though some say they are. He commended the Council for giving up their expenses and travel reimbursement and those that also took a two week furlough to do what is in the best interest of the city. Staff does a good job getting the "best bang for the buck" and finding ways to get things done with funding from other sources and grants to address the needs of the city. Peterson stated ``Don't forget our service men anal women". He spoke of the Silver Star group that welcomes back servicemen and women, and the Blue Ribbon group. Help them out. Help in any way you can. Open our hearts to those that have served our country. Don't take ourselves too seriously and do a random act of kindness. 14 City Council Minutes Monday, March 22, 2010 Page 12 of 18 ADJOL~NT Peterson adjourned the meeting at 10:42 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION 2010-19 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2010 STREET REHABILITATION PROJECTS, ZONE 5, CITY PROJECT NUMBER 1002 WHEREAS, pursuant to a resolution passed by the Council on March 1, 2010, the City Engineer has prepared plans and specifications for Partial Street Reconstruction on 4`" Street from 47`" Avenue to 48`" Avenue, Washington Street from 46`" Avenue to 47`" Avenue, and 46`" Avenue from Jefferson Street to Monroe Street; Mill and Overlay on Monroe Street from 45`" Avenue to 46`" Avenue, 45`" Avenue from University Avenue Service Drive to Monroe Street, and 46`" Avenue from University Avenue Service Drive to 7`" Street; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA 1. Such plans and specifications identified as 2010 Street Rehabilitation, Zone 5, City Project Number 1002 are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m. on Tuesday, May 4, 2010 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the Council on Monday, May 10, 2010 in the Council Chamber. Any bidder whose responsibility is questioned during consideration of the bid will he given an np»nrtunity to addrecc the cni~n~il nn the iec>>P ~f recpnngihility, Aid, hide ~,ujh be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heighis for ~ percent of the amount of such bid. RESOLUTION 2010-20 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, Internal Revenue Service has issued Tres. Reg. i.140-2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights {the "City') expects to incur certain expenditures which may be financed temporarily from sources other than bands, and reimbursed from the proceeds of a band; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures for Project No. 1002 consisting of Zone 5 Street Rehabilitation and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $200,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1..150-2 and any successor law, regulating or ruling. RESOLUTION 2010-23 RESOLUTION SUPPORTING GRANT APPLICATION AND ACCEPTANCE TO DEVELOP THE PROPOSED TRAIL PROJECT WHEREAS, the City Council of Columbia Heights supports the grant application made to the Minnesota Department of Natural Resources for the Local Trail. Connections Program. The application is to construct two trail segments of approximately 1,200 feet of paved trail for: Silver Lake Beach connecting to the Three Rivers Park District Silverwood Park; and the Hart Boulevard trail from 37`" Avenue to 39`" Avenue along the west side of Hart Boulevard, and 15 City Council Minutes Monday, March 22, 2010 Page I3 of I8 WHEREAS, the City of Columbia Heights recognizes the fifty (50) percent match requirement for the Loca( Trail Connections Program, and has secured matching funds NOW, THEREFORE, BE IT RESOLVED, if the City of Columbia Heights is awarded a grant by the Minnesota Department of Natural Resources, the City of Columbia Heights agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above-referenced project. The City of Columbia Heights will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and BE IT FURTHER RESOLVED, the City Council of the City of Columbia Heights names the fiscal agent for the City of Columbia Heights for this project as: William Elrite Finance Director City of Columbia Heights 590 40`h Avenue NE Columbia Heights, MN 55421 BE IT FURTHER RESOLVED, the City of Columbia Heights hereby assures the above trails will be maintained for a period of no less than 20 years. NOW THEREFORE BE IT RESOLVED that the Director of Public Works is hereby authorized to apply for and execute such agreements as are necessary to implement those projects receiving DNR Local Trail Connection Grant Funding on behalf of the City. SOLiJT10N NO. 2010-22 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE GATEWAY PEDESTRIAN BRIDGE CITY PROJECT NO. 0906 TO C.S. McCROSSAN CONSTRUCTION, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 0906, 2010 Pedestrian Bridge Replacement at TH 65 and 44th Avenue Impravements, seven bids were received, opened and tabulated according to law. The following bids were re~ejverl rorpr~Iy 1!lg with the arlyert~ceir~ent: Bidder Base Bid C.S. McCrossan Construction, lnc. $2,035,167.55 Edward Kraemer & Sons, Inc. $2,058,094.14* Lunch Construction Company $2,247,604.49 Redstone Construction Company. lnc. $2,426,426.90 L.S. Blau. Constructors $2,554,052.83* Minnows Construction, Inc. $2,816,917.85* Global Specialty Contractors, Inc. $2,868,938.16* * Corrected WHEREAS, it appears that C.S. McCrossan Construction, Inc., 7865 Jefferson Highway, Box 1240, Maple Grove, MN 55311 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and City Manager are hereby authorized and directed to enter into a contract with C.S. McCrossan Construction, Inc. in the name of the City of Columbia Heights, for the Gateway Pedestrian Bridge Improvements, City Project No. 0906 according to plans and. specifications therefore approved by the Council. 1. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 2. City Project 0906 shall be funded with Federal Funds (ARRA), Municipal State Aid Funds and City Utility Funds. RESOLUTION 2010-21 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential. rental license held by Ziad Zahran (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 534 Huset Parkway, Columbia Heights, Minnesota, 16 City Council Minutes Monday, March 22, 2010 Page 14 of 18 Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on March 15, 2010 of an public hearing to be held on March 22, 2010. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about November 13, 2009 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on February 25, 2010 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection and failure to submit renewal rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U534 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. ORDINANCE NO. 1576 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE R-3, LIMITED ~4ULTT.PLE 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 hereby amended to read: § 9.109 RESIDENTIAL DISTRICTS. (C) Lot Dimension, Keight, and Bulk Regzziz-ements. Lot area, setback, height and lot coverage requirements for uses in the residential districts shall be as specified in the following table: ]It-1 R-2A R-2J~ R-~ R-4 Minimum Lat Area Single Fa'nily 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 C1nit 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 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. 17 City Council Minutes Monday, March 22, 2010 Page 15 of 18 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. 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°ro 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 c~ 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 n....., c' v,._a i,.vutcr .~idC t ntu ~ c. _. .7 LcGt ~ r__~ J tcct ~ r_ _. J tGCt r_ 3 LGet c_ _. 3 Teel 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 IO 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 ] 0 feet 10 feet 10 feet 10 feet Corner Side Yard 25 feet 25 feet 25 feet 30 feet 30 feet Kear 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 on-residential Floor Area Ratio 2.2 Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. ORDINANCE NO. 1577 BEING AN ORD. AMENDING ORD. 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 Neights City Code, is thereby amended to read: § 9.104 ADMINSITRATION AND ENFORCEMENT. (C) Gef~ei°al application procedures. (5) .9pplication fees. Fees for all applications for development or land use approval shall be a flat rate and 18 City Council Minutes Monday, March 22, 2010 Page 16 of 18 established by resolution of the City Council. 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. 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 Prelimina Plat $500 + Escrow Final Plat $100 Interim Use $250 Minor Subdivision (Lot S lit} $275 Site Plan Review $250 Vacation $150 Variance $200 Zonin Amendment $500 Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. SOLUTION 2010-15 BEING A RESOLCITION SETTING RATES ON PUBLIC UTILITIES, INCLUDING SEWAGE DISPOSAL, WATER SUPPLY, STORM SEWER AND REFUSE IN THE CITY OF COLUMBIA HEIGHTS WHEREAS Minnesota State Statue 1036.29 and related administrative rules issued by the Minnesota Department of Revenue tm^yCSe u mandate on .~'linneSoia Citle$ tv iiiipiciiient Watcr iitiiity' Consei vation rates that dISCourage nOncsSentiai water use un ur after January 1, 2010, and; WHEREAS, the City of Columbia Heights bills utility charges on a quarterly basis, and; WHEREAS under this billing system, charges far water consumption periods beginning on or after January 1, 2010, are customarily determined and billed or, or after April i, 20i0, and; w~'HEREAS under this billing System, charges for all other utility' types witi-i billing periods begtiil777ig on or niter Jaiiuai`y 1, 2v10, are also customarily determined and billed on ar after April 1, 2010, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that: In accordance M.S. 1036.29, and with the operating costs and rates to be paid by the City of Columbia Heights to the Metropolitan Council Environmental Services and the Minneapolis Water Department and other primary vendors of the City's utility funds, the following rates shall be effective for all billings rendered on or after April 1, 2010: Water Supply Conservation Rates: Second tier rates established in section 2 below, apply as follows: ^ Residential Second tier rate is for water use greater than 25,000 gallons/quarter. ^ Nonresidential -Less than 1 inch Meter Second tier rate is for water use greater than 25,000 gallons/quarter. ^ Nonresidential - 1 inch Meter or lareer Second tier rate is for water use greater than 250,000 gallons/quarter. ^ Irrigation Meters: The Second Tier rate applies to all water run through sprinkler meters. Water Supply Rates: Customer Classification Year 2010 2011 2012 2013 2014 Residential Fixed Fee $19.81 $21.39 $22.89 $23.58 $24.28 Tier 1 Rate per 1000 Gallons $ 3.17 $ 3.30 $ 3.43 $ 3.53 $ 3.64 19 City Council Minutes Monday, March 22, 2010 Page 17 of 18 Tier 2 Rate per 1000 Gallons $ 3.96 $ 4.12 $ 4.28 $ 4.41 $ 4.55 Water Meter Surcharge $ 3.00 $ 3.00 $ 3.00 $ 3.00 $ 3.00 Senior Fixed Fee $14.71 $16.29 $17.79 $18.32 $18.87 Tier IRate per 1000 Gallons $ 3.17 $ 3.30 $ 3.43 $ 3.53 $ 3.64 Tier 2 Rate per 1.000 Gallons $ 3.96 $ 4.12 $ 4.28 $ 4.41 $ 4.55 Water Meter Surcharge $ 3.00 $ 3.00 $ 3.00 $ 3.00 $ 3.00 Non-Residential Fixed Fee $19.81 $21.39 $22.89 $23.58 $24.28 Tier 1Rate per 1.000 Gallons $ 3.17 $ 3.30 $ 3.43 $ 3.53 $ 3.64 Tier 2 Rate per 1000 Gallons $ 3.96 $ 4.12 $ 4.28 $ 4.41 $ 4.55 3. Sewer Disposal Rates: Residential Fixed Fee $18.24 $18.78 $19.34 $19.92 $20.52 Rate per 1000 Gallons $ 1.98 $ 2.04 $ 2.10 $ 2.16 $ 2.22 Maximum charge at 25,000 gallons $62.64 $64.68 $66.74 $68.67 $70.61 Year 2010 2011 2012 2013 2014 Senior Fixed Fee $13.14 $13.68 $14.24 $14.67 $15.11 Rate per 1000 Gallons $ 1.98 $ 2.04 $ 2.10 $ 2.16 $ 2.22 Maximum charge at 25,000 gallons $67.74 $69.78 $71.84 $73.92 $76.02 Nan-Residential Fixed Fee $18.24 $18.78 $19.34 $19.92 $20.52 Rate per 1000 Gallons $ 1.98 $ 2.04 $ 2.10 $ 2.16 $ 2.22 4. Storm Sewer Rates: Year 2010 2011 2012 2013 2014 Lana use R-1 $2.92 $2.99 $3.06 $3.15 $3.25 R-2 $ 2.92 $ 2.99 $ 3.06 $ 3.15 $ 3.25 R-3 $19.25 $19.73 $20.22 $20.83 $21.45 R-4 $19.25 $19.73 $20.22 $20.83 $21.45 RB $37.46 $38.40 $39.36 $37.45 $38.57 LB $37.46 $38.4 0 $39.36 $37.45 $38.5 7 GB $42..J4 ( $43.40 $44.49 $45.83 ( $47.20 CBD $42.34 $43.40 $44.49 $45.83 $47.20 1 $33.05 $33.88 $34.73 $35.77 $36.85 I-1 $37.46 $38.40 $39.36 $40.54 $41.76 MWW $4.64 $4.76 $4.88 $5.03 $5.18 5. Refuse: Year 2010 2011 2012 2013 2014 Container Size 32 $32.13 $33.74 $35.42 $36.84 $37.95 60 $33.66 $35.34 $37.11 $38.59 $39.75 90 $41.98 $44.08 $46.28 $48.13 $49.58 Senior $31.80 $33.34 $35.06 $36.46 $37.56 Recycle & Yard Waste $11.59 $12.60 $13.67 $14.80 $15.93 6. Multiple Dwelling Refuse: Year 2010 2011 2012 2013 2014 Unit (per dumpster} 1 yd service $110.19 $115.70 $121.49 $126.35 $130.13 1-1/2 yd service $]50.35 $157.87 $165.76 $172.39 $177.56 2 yd service $175.57 $184.35 $193.57 $201.31 $207.35 3 yd service $226.01 $237.31 $249.18 $259.15 $266.92 4 yd service $276.45 $290.27 $304.79 $316.98 $326.49 20 City Council Minutes Monday, March. 22, 2010 Page 18 of 18 6 yd service 8 yd service Recycling w/o yard waste $377.32 $396.19 $416.00 $432.64 $445.61 $415.71 $436.50 $458.32 $476.65 $490.95 $5.46 $6.41 $7.25 7.82 $8.28 2 YARD COMPACTED COMPUTED AS 6 YARD NON-COMPACTED BE IT FURTHER RESOLVED that all foregoing rates do not include State fees or Sales Tax, and BE IT FURTHER RESOLVED that all State fees and taxes will be added to the utility bills in addition to the foregoing rates. 21 Approved 4/7/2010 COLUMBIA HEIGHTS PUBLIC LIBR,~RY BOARD OF TRUSTEES MINUTES March 3, 2010 The meeting was called. to order by Chair Patricia Sowada, at 6:35 p.m. Members present were: Nancy Hoium, Patricia Sowada, Barbara Tantanella, Lynette Thomson, and Catherine Vesley. Also present: Becky Loader, Stacey Hendren and City Council Representative Bruce Kelzenberg. The minutes of the February 3, 2010, Board meeting were approved as mailed. The bill list dated 2/22/10 was reviewed. It was moved, seconded and passed that the bills be paid. The bill list dated 3/8/10 was reviewed from the floor. It was moved, seconded and passed that the bills be paid. The 2010 accounting dated 2/3/10 was reviewed. ®Id Business: 1. A conditional offer has been. made to a candidate to fill the Adult Services Librarian position. Loader will make the fnal offer aftei° references have been checked. 2. The Gates Grant computers have been ordered and are expected to arrive and be installed in the coming month. i V Two Old Business updates were presented from the floor. 3. In 2008, Minnesota voters gave a percentage of tax money to the arts. MELSA is administering the grant money, and Loader is working with ACL to plan and present a variety of programs and purchase materials. The first Legacy Fund pragram at the Columbia Heights Public Librar,~ will be on March 27"' a Lyric Arts Theatre workshop, and there is a Library era=,~rl scheduled for June 5`''. Loader ~,~1ill eontiiaue to notif~,~ the Board of ~upcomirg programming using these funds. 4. The 21ST Century Community Learning grant will be supporting the Summer Teen Reading program as well as providing reading records to all students. A goal of this grant is to improve reading and retention in students. New Business: 1. The crossover statistics for January were reviewed. The Board appreciates the work of Sherry Oaks, ACL, in putting together these reports and for creating the year-end report that is used for completing the annual report. 2. The Board discussed. the legislative platform of MLA/MEMO. The Board noted that the Library budget is currently in good condition due to being based solely on Levy and not Local Government Aid 3. The Board reviewed the statistics on Homework Helper and is pleased that the resource is available and being used. 22 4e The Board enjoyed the article featuring Loader's and Nancy Soldatow's comments on what patrons are reading. Loader is currently working with Anoka Ramsey Community College, Anoka County Libraries, District 11, District i3, St. Francis School District, Columbia Heights School district, and the Workforce Center in applying for a stimulus grant from the Federal government. The grant is to provide broadband access to public users. The Library's proposalrs for 5 laptops that would be used for computer classes, as well as individual patron use in the Library. A printer with wireless capabilities and a projector are also included. The Columbia Heights IS department is working with Loader to prepare quotes. 6a The Board recognized Barbara Carter, an active member of the Betsy-Tact' society and Library patron, who sold several withdrawn library Betsy-Tact' books to support the Library's book sale fiord. The Board recognized Steve Smith, Library patron, for his work staining, sealing and varnishing the Boardroom table. Items from the Floor: 1. Loader shared articles from June 2, 1982 and August 31, 1983 that had been donated by Kit Burgoyne, Library Foundation Board member, and an article from the Columbia Heights Record from February 14, 1957 about Lucille Hawkins. 2. Loader announced the upcoming Police department fundraiser for SAGA on March 16`x`. There being no further business, the meeting was adjourned at 7:23 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees. The City of Columbia Heights dues not discriminate orz 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 allotiv individuals tivith disabilities to participate in alZ City of Columbia Heights sef~vices, programs, and activities. 2 23 CITY COUNCIL LETTER Meeting of: April 12, 2010 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT' CITY MANAGER NO: PUBLIC WORKS . ~° ITEM: AWARD OF 2010-2011 TREE REMOVAL BY: K. Hansen BY: r ~,, CONTRACT DATE: 4/7/10 DATE: ` Background: On January 25, 2010, the City Council. authorized staff to seek bids for the 2010-2011 Tree Removal Program. This is an ongoing program to remove diseased or hazardous trees throughout the City. To provide continuity, the contract covers atwo-year period, with the current contract having expired December 31, 2009. Analysis/Conclusions: The City advertised for formal bids far the 2010-2011 Removal of Trees, Trees and Stumps or Stumps only on Public and Private Property contract. Specifications were sent to 17 contractors. The City received two bids on the bid opening date of April I, 2010. A copy of the Bid Opening Minutes is attached. The bid from Nick's Tree Service Inc. is $20.00 per inch diameter (tree and stump removal}. The 2008- 2010contract was $21.50 per inch diameter (tree and stump removal), and was held by Bluemel's Tree and Landscape Inc. Tree removal costs are paid out of Fund 101-46102. Based upon the bids received., Nick's Tree Service Inc. of Corcoran, MN is the low, qualified, responsible bidder, As this is a new cnr,mpany, staff has called and checked references that provided positive comments on the company and their work. Therefore, staff is recommending award of the bid to Nick's Tree Service of Corcoran, Minnesota. RECO NDED UTION: Move to award the 2010-2011 Removal of Trees, Trees and Stumps or Stumps Only on Public and Private Property contract to Nick's Tree Service Inc. of Corcoran, MN, based upon their low. qualified, responsible total hid for tree and stump removal, tree removal only, or stump removal only; and furtherr„nre, to a~tth~ari?e the Ivtayor and C'~ty Manager tv enter .nth a Contract fur the Same. KH:sms Attachment: Bid Opening Minutes COUNCIL ACTION: 24 CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Thursday, April 1, 2010 @ 1.0:00 AM Removal of Trees & Stumps, Trees Only or Stumps Only Pursuant to an advertisement for bids for Removal of Trees & Stumps, Trees Only or Stumps Only, an administrative meeting was held. on Aprii 1, 2010 at 10:00 AM for the purpose of bid opening. Attending the meeting were: Nicholas E. Arrige of Nicks Tree Service Inc., Lauren McClanahan, Public Works Superintendent, and Sue Schmidtbauer, Public Works Secretary. Bids were opened and read aloud as follows: Bidder Base 1`,ick's Tree Service $166,440 Bluemel's Tree Service $166,800 Respectfully submitted, Sue Schmidtbauer Public Works Secretary 25 CITY COUNCIL LETTER Meeting of: April 12, 2010 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTION 2010-26 AUTHORIZING THE BY: K. Hansen BY: _ 7 , CITY OF COLUMBIA HEIGHTS TO ENTER INTO DATE: 4/07/10 DATE: , AGREEMENT N0.96460 WITH MNDOT TO ACT AS /;~ THE CITY'S AGENT IN ACCEPTING FEDERAL TCSP r FUNDS. Background: On November 9`", 2009 the Ctty Council approved. the plans and specifications and authorized the advertisement for bids. The City awarded a construction contract to C.S. McCrossan Construction in the amount of $2,035, l 67.55. The City Council also awarded a professional services agreement to Kimley-Horn for construction engineering in the amount of $229,963. The City of Columbia Heights has received two sources of Federal Funding for the Gateway Pedestrian Bridge under the Federal Stimulus or ARRA Funds for construction, and an appropriation through Congressman Keith Ellison's office using TCSP* funds far Construction Engineering. Analysis/Conclusions: The handling of Federal funds is regularly routed through the State agencies - in this case MnDOT. Agreement No. 96460 with MnDOT authorizes the State to act as the City's agent to receive Federal Funds awarded to the City of Columbia Heights -far those funds appropriated through Congressman Ellison's Oftice, specifcally Federal 'TCSP funds. The agreement details the duties of the City and of the State prior to and during construction; identifying Federal requirements to be as part of the acceptance of fiords. These include design requirements, construction reporting, and audit standards. Thrs is identical in form to the agreement the Council approved on June 22°d for ARRA funds. The agreement provides up to X312,000 of Federal TCSP Funds available for all construction engineering related costs incurred after January 12`h, 2010, including staff time. Recommended otlon: Move to waive the reading of Resolution No. 2010-26, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2010-26, being a resolution authorizing the City of Columbia Heights to enter into Agreement No. 96460 authorizing MnDOT to act as the City's Agent in accepting Federal TCSP Funds for City Project No. 0906, TH 65 Pedestrian Bridge. Attachment: Resolution 2010-26 MnDOT letter dated March 19`h, 2010. Transportation, Community, and System Preservation COUNCIL ACTION: 26 RESOLUTION N0.2010-26 BEING A RESOLUTION AUTHORIZIlVG THE CITY OF COLUMBIA HEIGHTS TO ENTER INTO AN AGREEMENT BETWEEN THE MII~INESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF COLUMBIA HEIGHTS FOR FEDERAL PARTICIPATION IN CONSTRUCTION BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Columbia Heights to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Mayor and the City Manager, are hereby authorized and directed for and. on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement Na.96460, a copy of which said agreement was before the City Council and which is made a part hereof by reference. Dated this 12th day of April, 2010. CITY OF COLUMBIA HEIGHTS Uttered by: Seconded bv: Roll Cati: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 27 b~~~NESp~y Minnesota Department of Transportation D '' ' ~ State Aid for Local Transportation ~`' Q Mail Stop 500, 4th Floor `~ 395 John Ireland Boulevard Office Tel.: 651 366-3822 afTRA St. Paul, MN 55155-1899 Fax: 651 366-3801 March 19, 2010 Kevin Hansen City of Columbia Heights 63 7 3 81h Avenue NE Columbia Heights, MN 55421 SUB3ECT: SP 113-014-17, TCSP 09MN(006) Construction Engineering for Ped Bridge Agency Agreement No. 95460 Dear Mr. Hansen: Attached are four copies of the agency agreement between the City of Columbia Heights and Mi~/DOT, which allows for MnfDOT to act as the City's agent in accepting federal aid in connection with the above referenced project. i acaac ~cview aiau ii approveu, llavc all tour copies slgIled. f1 'L.oUI1Ci1 reSOlUilon Slmllar t0 the example attached; must be passed. The certi_fr_ed resoll~tion should then he placed as t1_ze last page in each of the three copies of the agreement. Please verify that the person/title authorized to sign as stated in the resolution, corresponds to the signature (person/title} an the signature page. Please return all three copies of the agreement to me for Mn/DC3T signatures. A fully executed copy will be returned to you. if you have any questions or need any revisions, please feel free to contact me at 651.366.3822. ect Developi~rlent Engineer cc: Greg Coughlin--DSAE .File CITY COUNCIL LETTER Meeting o£ April 12, 2010 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT° CITY MANAGER NO: PUBLIC WORKS ITEM: APPROVAL OF PLANS AND SPECIFICATIONS BY: K. Hansen BY: ~ ~ ~ ~,~~~ ~" °~ AND ORDERING ADVERTISEMENT FOR BIDS FOR DATE: 4/7/10 DATE: ~''"~ CITY PROJECT NO. 0813, CENTRAL AVENUE PIPE BURSTING PROJECT Background: The Grand Central Lofts" project was initiated in 2003, and included a phased approach to include condominium buildings, town homes, and a new commercial site at the northeastern quadrant of 47`" and Central. At its earliest stages, it planned out how commercial redevelopment may occur continuing north as an additional option. A11 of this redevelopment was envisioned to happen by one developer and take only four years to complete. As part of this initial process, staff conducted an analysis of utility capacity serving the planned development and determined that the sanitary sewer on Central Avenue would need upsizing to provide adequate capacity for the planned development. Analysis/Conclusions: To allow development to occur but not compromise the capacity of the pipe, a policy decision allowed construction of the first phase in the Grand Central Lofts residential development, but no other new construction could .`~,~cl:r 'until a Se°r~er e~ipansion wa$ completed vii ~ieiitr ai A`v'enue. ~ther cvii~~der atlvn~ for this pipe segment are: ^ The pipe is now at capacity (hydraulic). Completing this work now removes this restriction as a future development issue. ® This segment of pipe is on our annual trouble list -for repetitive cleaning mainly due to grease accumulation and root intrusion. Pipe bursting would eliminate joints found in the slay file pipe (every 4 feet) and, provide a continuous, smooth wall interior pipe and eliminate any root or water intrusion into this line -thereby impraving the flaw characteristics in this segment and possibly decreasing the cleaning frequency. ^ A short segment at the north end of this line segment actually has backflow in the pipe -this project will provide proper grade and reduce the chances of backup. ^ Upsizing provides proper flow at peak use periods and reduces the chances of surcharges and other problems associated with insufficient capacity. ^ All service lines will be excavated and reconnected with new service connections -again reducing a point of entry for infiltration in this segment length. ^ To follow a public bidding process - we will need. to prepare the bidding documents and take COUNCIL ACTION: 29 CITY COUNCIL LETTER Meeting of: April 12, 201.0 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT' NO: PUBLIC WORKS CITY MANAGER ITEM: APPROVAL OF PLANS AND SPECIFICATIONS BY: K. Hansen BY: ~~'°f~ ~ AND ORDERING ADVERTISENfENT FOR BIDS FOR DATE: 4/7/] 0 DATE; CITY PROJECT NO. 0813, CENTRAL AVENUE PIPE BURSTING PROJECT advantage of one of the better bidding environments in the last decade. The proposed work would require increasing the size of the sanitary sewer from an eight inch diameter to a 12 inch diameter on the east side of Central from just north of 47`" Avenue to 515` Court. Due to the varied depths, proximity to some buildings, and conflict with multiple utilities, staff recommends in-situ replacement of the pipe using pipe bursting. At the February 23`d, 2010 EDA meeting, the Board approved the Fourth Amendment to Contract for Private Redevelopment which exchanged the responsibility to build the sanitary sewer pipe in "exchange" for the TIF commitment to the project -now providing funding for the sewer upsizing work. Final plans and specifications for the Central Avenue Pipe Bursting project are complete. The bid opening is scheduled for May i 3`", 2010 with City Council award on May 24`", 2010. Recommended Motion: Move to approve the Plans and Specifications and order the Advertisement for Bids far City Project Number 0813, Sanitary Sewer Pipe Bursting Project, from 47t" to Slsc Avenues. COUNCIL ACTION: 30 CITY COUNCIL LETTER Meeting of April 12, 2010 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: ~'~ Licenses L ~` ~~~, NO: DATE: April 7, 2010 DATE: `'~ Approval of the attached list of rental housing applications, in that they have met the requirements of the Property Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for April 12, 2010. COUNCIL ACTION: 31 .~ List of 2010 Rental Licenses to Approve by ``,, ~,,/~ Council 825 41st Avenue N.E. -Columbia Heights, MN 55421 - Ph: 763-706-8156 -Fax: 763-706-8151 10009 4432 2ND ST NE McGinnity, Kevin F10237 7783 Tyler St NE $ 150.00 Spring Lake Park, MN 55432 10024 4131 JEFFERSON ST NE Sax, Peter F10165 6447 Evergreen Lane N. $ 150.00 Maple Grove, MN 55369 10026 4554 6TH 5T NE Home Leasing & Management, Inc. F10037 3100 West Lake Street Apt #416 $ 150.00 Minneapolis, MN 55416 10030 4344 2ND ST NE Sila, Frederick F10316 10812 Fillmore St $ 150.00 Blaine, MN 55434 10034 344 40TH AVE NE Gondek, Michael F10313 334 NE 40th Avenue $ 150.00 Columbia Heights, MN 55421 10040-RY530 H;ISET ptcY P;E Hippest, Scott F10310 3351 Scottview Dr. $ 150.00 Richmond, VA 23225 10042 3814 RESERVOIR BLVD Mahoney, David F10256 15248 Fluorine ST l~!`J!! 5 150.00 Ramsey, MN 55303 10052 3823 POLK ST NE Zschakke, Robed F10119 4081 99th Avenue NE $ 150A0 Circle Pines, MN 55014 10067-RY3865 KEYES ST Aden, Amal F10226 171 83rd Street N.E. Apt #306 $ 150.00 Fridley, MN 554332 10070 3740 2ND ST NE Garner, Lawrence F10263 3717 Main Street $ 150.00 Columbia Heights, MN 55421 10076 1400 PARKVIEW LN Baujnikh, Lahoucine F10271 977 118th Avenue NE $ 150.00 Blaine, MN 55434 04/07/2010 11:57 Page 1 32 ' List of 2010 Rental Licenses to Approve by Council 825 41st Avenue N.E. -Columbia Heights, MN 55421 - Ph: 763-706-8156 -Fax: 763-706-8151 10097 5030 5TH ST NE Johnson, Matthew 659 Bielenberg Ave Apt #100 Woodbury, MN 55125 F10221 $ 150.00 10103 3914 TYLER ST Bradshaw, Troy F10267 185 Edgewater Avenue $ 150.00 Shoreview, MN 55126 10134 1019 37TH AVE Thorn, Erika F10311 702 46-1 /2 Avenue $ 150.00 Hilltop, MN 55421 10142 1012 45TH AVE NE Moden, Tanya F10240 3429 McKinley STN $ 150.00 Minneapolis, MN 55418 10149 3906 RESERVOIR BLVD NE Berglund, Terrell F10197 3011 Arthur St. NE $ 150.00 Minneapolis, MN 55418 10163 403 46TH AVE NF Andergnn, Jnel F10233 401 46th Avenue $ 150.00 Columbia Heights, MN 55421 10201 1126 40TH AVE NE Rabies, Blanca 4855 4#h Street Columbia Heiohts. MN 55421 F10259 $ 150.00 10213 3806 JACKSON ST NE 3806 JACKSON STREET NE LLC F10031 3321 Belden Drive N.E. $ 150.00 St. Anthony, MN 55418 10234 4445 2ND ST NE Koch, Ken F10193 4042 Arthur Street N.E. $ 150.00 Columbia Heights, MN 55421 12000-NC5037 MADISON ST NE Danko, Andrew F10266 5037 Madison Street $ 150.00 Columbia Heights, MN 55421 12012 1339 CIRCLE TERRACE BLVD NE Carroll Jr., Kenneth F10315 1337 Circle Terrace Blvd. N.E. $ 150.00 Columbia Heights, MN 55421 04/07/2010 11:57 33 Page 2 ~ ~,~ 2 List of 2010 Rental ~~ Licenses to Approve by Council 825 41st Avenue N.E. _ Columbia Heights, MN 55421 - Ph: 763-706-8156 -Fax: 763-706-8151 12035 5208 WASHINGTON ST Seever, Shirley F10217 5210 Washington Street $ 150.00 Columbia Heights, MN 55421 12049 3939 TYLER ST Levine, Richard F10261 3939 Tyler Street Upper Apt $ 150.00 Columbia Heights, MN 55421 12053 3943 TYLER ST Brown, Marlene F10194 3943 Tyler Street $ 150.00 Columbia Heights, MN 55421 12108 4660 TAYLOR ST NE Salchow, Cheryl F10239 4662 Taylor Street NE $ 150.00 Calumbia Heights, MN 55421 12187 3935 TYLER ST Wilczek, Anthony F10244 3935 Tyler Street $ 150.00 Columbia Heights, MN 55421 20022 461(1 WASI-IIRIC;TCIN ~T Wiem3n Brat F10209 251 17th Avenue SW $ 150.00 New Brighton, MN 55112 20047 3959 RESERVOIR BLVD Wegman, James F10272 1911 40th Avenue $ 150.00 Calumbia Heights; MN 55421 20047 3959 RESERVOIR BLVD Wegman, Charles F10272 3959 NE RESERVOIR BLVD 3961 Reservior Blv~$ 150.00 Columbia Heights, MN 55421 20074 5109 WASHINGTON ST Majewski, John F10253 105 12th Av. N.W. $ 150.00 New Brighton, MN 55112 20085 3963 POLK ST NE Peterson, W. Tarey F10274 10553 E. Cliffrose Lane $ 150.00 Florence, AZ 85132 20168 3926 ULYSSES ST Sundae, Christina F10243 3926 NE ULYSSES ST 3928 NE Ulysses ST $ 150.00 Columbia Heights, MN 55421 04/07/2010 11:57 Page 3 34 ~- - _ ~~ . , ' List of 2010 Rental Licenses to Approve by Council 825 4tst Avenue N.E. -Columbia Heights, MN 55421 - Ph: 763-706-8156 -Fax: 763-706-8t5t 20170 4606 FILLMORE ST NE Cotton, Cynthia F10273 1233 37th Ave $ 150.00 Columbia Heights, MN 55421 20202 4600 JOHNSON ST NE Saloka, Tracy F10155 4728 Debra Crt $ 150.00 Shoreview, MN 55126 20211 4536 7TH ST NE Ferry, Donald F10245 4146 Lantern Lane $ 150.00 Eagan, MN 55123 20211 4536 7TH ST NE Ferry, Donald 0010118 4146 Lantern Lane $ 20.00 Eagan, MN 55123 20212 4550 7TH ST NE Ramnarine, Jai F10309 4532 Tyler Street $ 150.00 Columbia Heights, MN 55421 2n271 4137 _IAC'.KSC11V ~T t~F Nopola AIiCc F10275 7645 Garfield Avenue S. APT#5 $ 150.00 Richfield, MN 55423 20321 3951 POLK ST NE Wrobel, Lisa F10241 3946 Polk Street $ 150.00 Columbia Heights, MN 55421 20322 1745 37TH AVE Nelson, James F10307 7500 Susan Lane $ 150.00 Minitrista, MN 55364 30002 3754 3RD ST NE Brown, Penelope F10158 4819 Azelia Avenue N. Apt #11 $ 211.00 Brooklyn Center, MN 55429 30012 4318 3RD ST NE M.V.A. International F10146 5100 Gamble Dr. #375 Suite #375 $ 165.00 St.Louis Park, MN 55416 30036 539 40TH AVE NE King-Smith Apartments 7-Unit F10049 5901 Laurel Avenue # 133 $ 211.00 Golden Valley, MN 55416 04/07/2010 11:57 Page 4 35 List o£ 2010 Rental Licenses to Approve by ~ Council 825 41st Avenue N.E. -Columbia Heights, MN 55421 - Ph: 763-706-8156 -Fax: 763-7p6-8151 30076 4545 MADISON ST Lavanier, Jamie F10251 7186 Brian Drive $ 160.00 Hugo, MN 55038 30110 538 SUMMIT ST Erickson, Grant F10185 4535 Scott Ave N $ 188.00 Robbinsdale, MN 55422 30115 4615 TYLER ST Riverwood Rentals, LLC F10232 2505 Silver Lane $ 160.00 Minneapolis, MN 55421 30124 4347 UNIVERSITY AVE NE B & J Property Management F10167 1406 W Lake ST #205 $ 248.00 Minneapolis, MN 55408 30124 4347 UNIVERSITY AVE NE RELIASTATE ENTERPRISES LLG F10167 7225 Franklin Avenue $ 248.00 St. Louis Park, MN 55426 3V 137 49 i i U"JiL'ER.~. iTY AVE Cobb, Eric or Candace Fivv36 4542 Nicollet Avenue $ 248.00 Minneapolis, MN 55419 30169 4201 3RD ST NE Larson, Richard F10182 1009 43rd Avenue No. $ 248.00 Minneapoiis, MN 55412 30176 4927 UNIVERSITY AVE Aram, Haji F10145 P.O. Box 11 $ 248.00 Savage, MN 55378 30178 4935 UNIVERSITY AVE Azam, Haji F10145A P.O. Box 11 $ 248.00 Savage, MN 55378 34000 4310 3RD ST NE Guimont, Greg F10208 3855 155th Avenue NW $ 150.00 Andover, MN 55304 34015 3700 VAN BUREN ST NE Tomas, John F10268 4712 121stAvenue NE $ 150.00 Minneapolis, MN 55449-7047 04/07/2010 11:57 Page 5 36 List of 2009 Rental Licenses to Approve Occupany LD. Property Owner Name 20194 Daniel Anderson Property Address: 3$10 3RD ST NE - 3812 3RD ST NE 34004 Jennifer Fremling Property Address: 4305 2ND ST NE 04/07/2010 12:06 s~ Page 1 CITY COUNCIL LETTER Meeting of: April 12, 2010 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO DATE A il 7 201 0 ~` BY : : pr , . : , ' : . ~ BACGROU /ANALYSIS Attached is the business Iicense agenda for the April 12, 2010 Council meeting. This agenda consists of applications for 2010 Contractor licenses, a Cigarette License, an Off Sale Beer License, and a Temporary Liquor License for Immaculate Conception's May 7`h event. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Appl.cat.on. Th.s ~::eans that ±he data privacy form has been submitted as req'u:red. If not subm.tted, certain information cannot be released. to the public. REC®MI'1~NI)ED 10~i®~'ION: Move to approve the items as listed on the business license agenda for April 12, 2010 as presented. COUNCIL ACTION: 38 'TO CITY COUNCIL April 12, 2010 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2010 BLDG *Bartylla Plumb & Htg *Legacy Mechanical *Triple R Htg & Cooling *Statewide Gas Service Pride Htg & AC *Piperight Plumbing *Two Rivers Plumbing *Alliance Mechanical Serv *Boiler Services Inc *Ouverson S & W *DeZiel Htg 8675 N 126t" St, Hugo 27393 128` St, Zimmerman 817 Oak Ridge Trail, Blaine 201 W. Main St, Waconia 2236 132°d Lane, Blaine 10710 Mississippi Blvd, Coon Rap. 14355 252°d Ave, Zimmerman 1900 Oakcrest Ave #1, Roseville 10327 Flanders St, Blaine PO Box 247, Loretto 1612 3`d Ave NE, Buffalo $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 *Arbor Tree Design PO Box 290298, Brk Center CIG TTE/'I'OBACCO LICENSE *Mesopotamia Bakery 4111 Central Ave, Col. Hts OFF SALE BEER *Mourado`s Top Vatu Tobacco 2311 37t1' Ave TE O LIOIJOR *Imacuiate Conception Church 4030 Jackson St NE May 7tf' event $60 $300 $150 $100 39 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: April 12, 2010 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed m the attached cheek register covering Check Number 134188 through 134376 in the amount of $ 921,956.14 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 40 H C7 ~ ~ x~ ua ~ ~ H GY, % i~ W W ~ x~ ~ ~ o ~C U ~ ~ H # i~ Gil v ~ ~ Uw CO i~ i~ C!j ~ ~ i i~ ~ . O o ~ * ~. 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HH,'3 W UUH W H W W O Hr.CU 7., azHzwq~~GwH~cn ~aw~~~ cn ua~ aw ~DSFC W ~w~rxv W hu~]WrxrxUWi~Ox~~~~O~ W ~~' Hxa W HHH W W~p'pWHOU t~bC z~f~'FC FC lx P7 CY1H aFCW R+H 3Cu0013 zCz+U]U]?+W ~~awcHi]aua~°arFnu~a~~m~cEnacwnuHwHww H H M d9 N Mtn O H O N Lf1 r H H N M V' 01 N H O L[] ct+ L.f) r 0 0 0 0 H H N <t' lD r 0 rl H M 0 0 0 0 0 Ln O N r O N N H N N N N N N N N N ~' ~ ~f+ ~' lD lfl l0 lO lD lD r r N CO of O 1 1 H o u Q 1 Z x 1 1 H FG a ~ ~ ~ ~ ~ w v a a ~ z a a ~ x xx 1 x ~ ~ H P~ tY1 i Cq H ro v COLUMBIA IIEIGHTS CITY COUNCIL LETTER Meeting of: April 12, 2010 AGENDA SECTION: Public Hearings NO: ORIGINATING DEPT.: Community Development CITY MANAGER APPROVAL ITEM: A royal of a Site Plan fora 200-unit pp BY: Jeff Sar ent, Ci Planner g ~' ,~',~ < BY: ~ ~ Apartment Complex and a Minor DATE: April 7, 2010 ~ ~ °~ Subdivision for the property located. on the northeast corner of 47th Avenue and Grand Avenue. BACKGROUND: At this dine, the applicant is requesting two (2} land use actions. They are as follows: 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 I and 2, Block 1 of the Grand Central Lofts plat to assemble land needed for the construction of a 200-unit apartment complex. 2. A Site Plan Approval per Code Section 9.104 (N) for the construction of a 200-unit apartment complex at the northeast corner of 47th Avenue and Grand Avenue in the City of Columbia Heights. There will be two apartment buildings. The western building will have 96 total units and the eastern building will have 104 total units. The following is a summation of all public meetings that have been held regarding this project: l . ,lanuary I3, 201.0: City Staff held an Open House Forum to introduce the proposed project to property owners in the neighborhood. Property owners were given a brief presentation of the proposal and were given the opportunity to ask gr2estions- 2. February 23, 2010: The Economic Development Authority (EDA} was given. an informal review of the project. Based on that discussion, the developer redrafted the proposal to 1 }include all required parking underground, and 2} to initiate a limited market study. 3. March 2, 20l 0: The Planning and Zoning Commission held a Public Hearing to discuss a request for a Site Plan approval and a Minor Subdivision approval. The Planning Commission recommended approval of both requests with a 3-2 vote. 4. March 23, 2010: The EDA held a public meeting to discuss the limited market study supplied by the developer. The limited market study suggested that the proposed rental project would be suitable for the city. ANALYSIS: 49 In August 2004, the City Council approved the Site Plan and 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 EDA 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 Site Plan and 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 a 200-unit apartment complex, 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. KEY ZONING ISSUES: I. DENSITY. The property is zoned MXD, Mixed Use Development District. The Zoning Code requires a minimum of 12 units per acre for this district, with a maximum of 20 units per acre. Maximum densities in the MXD may be increased by up to 50% at the sole discretion of the City Council, based on airy one key criteria found in Zoning Code Section 9.112 (E)(2). In this case, the applicant meets two of the four criteria. They are: 1} At least 50% of the required. parking is provided by underground parking or parking ramps (in this case, the applicant is proposing that 100% of the required parking is located underground); and 2) At least 50% of the building ground coverage is concentrated in structures four or more stories in height, thereby conserving open space within the mixed-use development area. Meeting two of the four criteria would allow for the overall project to have up to 30 units per acre. T lie i v4-unit (east) biiiidiilg will be iol,0.tGd Gi"I a par Cei li"icasi.ir ing i . i .5 acres, clad the 9u-i.il it (west) bi.iiid'il g will uc located on a parcel measuring 1.5 acres, however, the underlying zoning district does not compute density on a parcel-by-parcel basis. Instead, the Zoning Code allows far density calculations to be taken over the entire MXD district, in order for the district to be more flexible and have a broader range of possible uses. The previous Grand Central Lofts Development accounted for 218 total units spread over 11 acres, for a total of 19.8 units per acre. The proposed plans indicate a grand total of 286 total units spread over the same 11 acres, for a total of 26 units per acre. The proposed density falls within the guidelines of the Zoning Cade without the need for variances. 2. TRAFFIC FLOW. The previous plans proposed. one main driveway off of Grand. Avenue into the Condominium portion of the development. Based on the minimum parking requirements for each of the three condo buildings, the previous plans were to accommodate for a minimum of 309 vehicles traveling within the development. (The 309 vehicles equate to the total number of proposed bedrooms for the condominium project, as the Zoning Code requires a minimum of one parking space for each bedroom, up to two bedrooms per unit). The proposed plans for the apartment project indicate that the garage entrance for the west building will come directly off of Grand Avenue, alleviating 131 vehicles from traveling within the development. When taking the larger number of units for the east building into consideration, the proposed plans will accommodate for a total of 23$ vehicles (condo vehicles plus apartment vehicles) traveling within the development. This equates to 71 fewer vehicles traveling internally than the previously approved. plans. 3. RENTAL FACILITIES. The Zoning process does not differentiate between rental and for-sale units when determining whether the Site Plan is suitable and code-compliant. The Zoning Code does not prohibit rental facilities in the MXD, Mixed Use Development District. 50 4. MASSING. The proposed apartment buildings will occupy the same footprint as the previously approved condominium buildings and will be the same height. The Planning Commission has reviewed the proposed buildings and has made the determination that the buildings meet the minimum requirements set forth in the Design Guidelines for Central Avenue. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on March 2, 2010. They voted to recommend City Council approval of the Site Plan and Minor Subdivision with a 3-2 vote. RECOMMENDED MOTION: Move to waive the reading of Resolution 2010-24, there being ample copies available to the public. Move to adopt Resolution No. 2010-24, approving a Site Plan fora 200-unit apartment complex located on the northeast corner of 47th Avenue and Grand Avenue, subject to the conditions outlined in Resolution No. 2010-24. Move to waive the reading of Resolution 2010-25, there being ample copies available to the public. Move to adopt Resolution No. 2010-25, approving a Minar Subdivision for the property Located on the northeast corner of 47th Avenue and Grand Avenue, subject to the conditions outlined in Resolution No. 2010-25. AtPac3t eta: Resolution 2Q10-2<l; Resolution 2Q10-25; P+21ti7etno,• Fiy°e Department Memo; Police Department Memo; ~'ornmuni L}evelo went De artment Menao; Location Ma ;Site Plans; Letter rorn resident COUNCIL ACTiGN: 51 RESOLUTION N0.2010-24 RESOLUTION OF THE PLANNING AND ZONING COMIVIIS5ION APPROVING A SITE PLAN FORA 200-UNIT APARTMENT COMPLEX LOCATED AT THE NORTHEAST CORNER OF 47TH AVENUE AND GRAND AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, NHNNESOTA 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 47th Avenue and Grand Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a 200-unit apartment complex. VVI~REAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 2, 2010; WF~REAS, the City Council has considered the advice and recommendations ofthe 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 11IOW; THF.R~FORF; BE I'T i2FS(~T.VEi) by the City (~pt~n~il nfthe C~'ity of('nliimbia I-IPightc after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: I. 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. Tlie site plan is consistent with any applicable area plan.. 4. The site plan minimizes any adverseunpacts 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 7 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 47th 52 Resolution No. 2010-24 Paae 2 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. Passed this 12`~ day of Apri12010 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 53 RESOLUTION N0.2010-25 RESOLUTION APPROVING A D~IINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR IIUSET PARK DEVELOPMENT CORP. ~VI~REAS, a proposal (Case No. 2010-0303} has been submitted by David Kloeber to the City Council requesting a minor subdivision from the City of Columbia Heights Subdivision Code at the fallowing site: ADDRESS: Northeast corner of 47`" Avenue and Central Avenue EXISTING LEGAL DESCRIPTION: 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 Lot 2, Block 1, all in Grand Central Lofts, Anoka County, Minnesota. THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission re~ardina the effect of the nrot~osed 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, T BEFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of Land does not involve the vacation of existing easements. 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 §9.114. 54 Resolution No. 2010-25 Page 2 FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. Passed this 12`" day of Apri12010 Offered by: Seconded by: Roll Call: Ayes: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Cierk 55 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2010-0303 DATE: March 2, 2010 TO: Columbia Heights Planning Commission APPLICANT: Grand Central Apartments, David Kloeber, Jr. LOCATION: 47t" Avenue & Grand Avenue REQUEST: Minor Subdivision, Site Plan Approval PREPARED BY: Jeff Sargent, City Planner tNT'OUCTION At this time, the applicant is requesting two (2) land use actions. They are as follows: 1. A iiiiii iur ~iibdivisiun per Cvde Se%tioni ~. i v4 (K} tv ~piit ufi a poiifoi i of existing "Outlot A" as described in the Grand Central Lofts plat. The newly created parcel wi(I then be grouped with existing Lots 1 and 2, Block 1 of the Grand Central Lofts plat to assemble land needed for the construction of a 200-unit apartment complex. 2. A Site Plan Approval per Code Section 9.104 (N} far the construction of a 200-unit apartment complex at the northeast corner of 47~" Avenue and Grand Avenue in the City of Columbia Heights. There will be twa apartment buildings. The western building will have 96 total units and the eastern building will have 104 total units. 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 year2 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. City of Columbia Heights Planning Commission March 2, 2010 Grand Central Apartments Case # 2010-0303 Kloeber is proposing to construct a 200-unit apartment complex, 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 not yet been made. COMPREHENSIVE PLAN 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 far 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." I Ile pBOt.JOSed plClll co111p1ICJ with the CVIIIpre11CIIJlve Plall deJlgllatloll lol the foiiowiny` 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. t 1 The subject properly 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 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 Cade, the purpose of the Transit Oriented Mixed Use type is to Page 2 57 City of Columbia Heights Planning Commission March 2, 2010 Grand Central Apartments Case # 2010-0303 "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 apedestrian-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 appraved by the City Council, based an 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 lacated. Although the setbacks for the buildings are flexible, there are other elements of the proposed development, which require adherence to the Zoning Code. They are as follows: Parking. 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 the western building will have 61 one-bedroom units and 35 two- bedroom units, for a total of 131 bedrooms. Therefore, the western building requires 131 parking stalls. The plans indicate two levels of underground parking for each 4...'I.J'.... T4..~. +.~..-.. h..'1 4, ..nL.`C L'.... +.,Iln +h., ~F'rn+ In.. I r.rl 4'L.` n rLin vui~ui~ ~y. s i is Vve$ice i i uui~dii g i iaa vv par nip ~y s~ana of i u is iii ~~ ~cvei a~ iu vv Nai rtn ~g stalls on the second level for a total of 131 parking stalls. The eastern building will have 73 one-bedroom units and 31 two-bedroom units for a total of 135 bedrooms. This will require 135 parking stalls. The eastern building has 68 parking stalls on the first level and 74 parking stalls on the second leve6 for a total of 142 parking stalls. ensi In the MXI~ district, the Transit C)riented Mixed-tJse type requires a minimum of 12 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 located underground. For this reason, the maximum density may be increased to 30 units per acre. When complete, the development as a whole will 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 far every 50 feet of street frontage or fraction thereof. Parking areas shall have a Page 3 58 City of Columbia Heights Planning Commission March 2, 2010 Grand Central Apartments Case # 2010-0303 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 47th 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 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. KMART 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 2^vv^3, the Gityvf Cviu~iibia Heights initiated a piaisiiing process for rile viia,i 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 bath 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 Goncept 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 it: ^ 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 Columbia Heights does not yet have. ^ Supports appropriate urban housing densities along with performance standards to Page 4 59 City of Columbia Heights Planning Commission March 2, 2010 Grand Central Apartments Case # 2010-0303 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 40th Avenue commercial corridors, and to assist City officials and staff in reviewing development proposals. The guidelines are mandatory, but the City may permit alternative approaches that meet the objectives of the design guidelines. The design district that is applied to the Grand 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. rac~aaes parane~ to ~.entrai Hvenue snouid 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 comrnerciai development. Ti'ie residential development is also focused toward internal courtyards. The rear facades of the western mast apartment building is parallel to Central Avenue and is architecturally detailed. Appropriate landscaping is also provided. BC.1iLDING 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 that it is used only on the lower third of the building wall; wood, consisting of horizontal lap siding with an exposure no greater than 5 inches or wood shakes (surfaces must be painted); synthetic wood (fiber cement) siding resembling horizontal lap siding. The 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 Page 5 60 City of Columbia Heights Planning Commission March 2, 2010 Grand Central Apartments Case # 2010-0303 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 fagade. Bright or primary colors should be used only as accents, occupying a maximum of 15 percent of building fagades. The proposed 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 Highway District. All buildings shall have a minimum cornice height of 22 feet. The height of the apartment buildings approved height of the condominium project. Both apartment buildings will t underground parking. will be consistent with the previously buildings for the Grand Central Lofts e 4 stories in height, with two levels of FINfNGS F FACT (Minor Subdivision) Section 9.1 d4 (J) of the Zoning Ordinance outlines eight conditions that must be met in order far 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 C?utlot A into two parcels. (b) The proposed subdivision of land does nat 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 far the purpose of gaining access to the property. This is a true statement. Page 6 61 City of Columbia Heights Planning Commission March 2, 2010 Grand Central Apartments Case # 2010-0303 (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 daes 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. This is a true statement. (h) The proposed subdivision meets all of the design standards specified in Section 9.114. Section 9. ? 74 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. Fi~u~~~~ ~r P~~ T (~it~ t ian iappr®vaij 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 ail 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 Oriented Development District. 3. The site plan is consistent with any applicable area plan. The site plan is consistent with the Kmart Redevelopment Concept Plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. Page 7 62 City of Columbia Heights Planning Commission March 2, 2010 Grand Central Apartments Case # 2010-0303 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. RECOMMENDATION Because the site plan meets all the minimum requirements of the City Code, staff recommends approval of the minor subdivision and site plan fora 200-unit apartment complex to be constructed at the northeast corner of 47th Avenue and Grand Avenue. Motions: That the Planning Commission recommends that the City Council approve the site plan for the construction a 200-unit apartment development located at the northeast corner of 47th Avenue and Grand Avenue, subject to certain conditions of approve! that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The 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 47th Avenue per specifications and approval of the City Engineer. 4. Afire truck access sha{I be installed connecting the southern most drive within the development to Grand Avenue. 5. It shall be the respansibility 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 aver 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. Motion: That the Planning Commission recommends that the City Council approve the Page 8 63 City of Columbia Heights Planning Commission March 2, 2010 Grand Central Apartments Case # 2010-0303 minor subdivision for the property located at the corner of 47th 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. ATTACHMENTS ^ Draft Resolutions ^ Location Map ^ Site Plan Information Page 9 64 Grand Central Apartments 5150 TIt 1^N ~ B26 5126 "` ~~-}-~ 5085 5075 l:V1a1 1 1J sos Bo94 ~ BoeS 1o>r ~ '0go '6,0 ~ .p° a 'Spas 134s x350 t~0 6~WN9 ~ N n $ o u 5065 ~~ r@>4 oQ ~ ~ 1335 r35p Wle ° ~ ° sa45 105 167° °p2o '~'' r3zs r34o ^ ° 6oeo S 4 5091 9030 ^ ^ ~ ° ° ~ COU tort 1060 s9to ~ a ~2 s 1335 boss mzt 501/2 AVE 1osT ~ » '+° r• 6035 8 ~ g N 4• '~z r33 6019 6018 9050 tOSt ~ ° 6019 5012 ~ ^ p 5013 048 ,p0 2'kS N 6ooT 600@ z sots ° m S ~ Boao SOOt @@@ 1o3T noo R g ,~ y ' s 6001 6000 ~ soot ' soot 1035 `p~ s 1030 `~°~ ff ~7°s'3De 4951 68% 4855 fid9842 4955 iW0 loss = 6000 ~'O 4@61 A96o ° 49a9 +@@ '~' 49d9 4960 4@24 4885 c '50TH ~ 49RT ~~ 4941 ~ d9d3 h 4841 9940 4937 its a9zz 45 g° ~ g ss°' 1937 4996 d935 ^ MTS ° o ° 4967 495@ 1d 1831 4990 49 1/2 AVE v 4925 O9Za 4@18 q@6g ~ t308 S~ 4927 4928 4925 « g a « 49tt d916 t005 1@21 4820 6911 ^ ° 1810 4999 v lJNCOLN 1616 4@10 4909 $ Z ~1 49 1920 4801 599 705 841 d800 > $ « '« d910 Q 4960 4841 ~ -•---~ ~ ~~~~' 49TH ~ IB39 ~~ 1 f~l I~ ~~ h~) $ ~ 4821 ~ 1900 4918 4939 4811 4911 4920 ~ i133 BOBEAL~S LN 4@07 9806 ~ $ r 1801 4500 480t v F ~ ~ ~ ^ U I I I I I I u a e arsT 4728 t068 665 9605 x663 4660 4645 dpta d639 d636 4633 4632 d63T 6626 4621 4830 d6t9 d6id 4609 4806 1603 d603 N t/oo teen a e e v a a$ $' i<~ y'U Location Map 65 N N e ~~ ~ ~ ~ o i3 a ~~~'~ ffiENN ~ ~~ v ~aE~~ I' ~ O M~ ~ e ZS ~.£~ c z Z ~ ~ {agly~j~~ I~I~,~ ~ ~ g~ ° `C1 - 5~~ ZZZZi7 l=~ O ~?!ei]~ 5.~~~, p pppNN_ ' F ~~m~ ~ ~ 5 ~i'n~~ _ LNN ~ ~=y Edye EIR ~ ~ O Y d ~ 111777777 ~ .p ~p ~ O ~ ~ ~ 4 j ¢b ~ N ------------~°------ s ---------- R _-__-__-__-__- _ ' _ __ 1 f u"c i~ ~y, 1 mi ~ ~c~ n .-~ a,n 1 i f~t I ~ 1 II .W.m ~) i I ~ 1 ~ rf__~'~~ 1 i ~__..-_ 1 ' \ __ i ~ I -~.~ (~ .: \ ~ ~ 1 ~~ . *_._._ o~ _ ~ ~ i! - a~! ~, ~ ~!~I ~; , oN ~~ . --- - - h, ~ti - -------------- - -- -------- r-- ~ -------- -- - ~ ~1 ~I =3 1 -_='e~ 1 I U R~ r, CJ V =6j--- i Ei 1 e~ P N °~II.___..._ ~L____ 1 $~ I ~~ t02 ~._~__~ N I ~ 1 N _ ~ U i 1 ~U .-dry ~U mN fU NU .__ i 3 a o-.x ~ 1 ~ 9 ~~ ~ ~ ~ a _ V4 `~~ ~. 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WL._y _ r ~ ~i JUS .; J(~j ~l ~ t`jl . ., ~ f ' _ f ~ ~ _ ~' ~~ %', t " l ~ ~ .,B;:, m;Ga.~,: '~: . l. ~' { ~ yt.,, w x.~J p'aw'. _, ~ \~ ' ,/ t ~ , ,., _~ ' .~ ~ ~ { ~ *, _-. i asa+ 4-STORY NEW BUILDING w/BASEMENT PARKING Wood-frame New Construction Unit Type Description Level ~, 1 2 3 4 .~ .E ~ ;g F nom. ~ x '~ `° E ~~ Studio Units STUDIO Studio/Alcove 2 2 2 6 ALCOVE' Alcove 4 4 4 4 16 Tota{ STUDIOS 4 8 fi 6 22 11% it 1 Bedroom Units 2 BD' 1 Br / 1 Ba 1 1 i BD 1 Br / 2Ba 4 4 4 4 16 1BD 1Br/1Ba 2 2 2 2 8 1 BD 1 Br / 1 Ba 14 14 14 14 56 1 BD 1 Br / 1 Ba 7 8 8 8 S1 Total 1 BEDROOMIS 28 ' ` 28 28 28' 112 56/0 Bedroom Units 2BD 2Br/2Ba 3 4 4 4 15 2 BD 2 6r / 2Ba 2 2 2 2 8 2 BD '' 2 Br / 2Ba 2 2 2 2 8 2BD' 2Br/2Ba 2 2 2 2 8 2 BD 2 Br / 2Ba 3 4 4 4 15 2'B6 2 Br / 2Ba 1 1 1 1 4 2 8D 2 Br / 2Ba 2 2 2 2 Tota12 BEDROOMS 15 ; 17 17 17 66 33% uNiT TOTALS 4' S1 51 51 Zaa 1aa% BUILDING SUMMARY Floor Housing GSF Parking GSF Parking Stalls 4TH LEVEL HOUSING 48,980 0 3RD LEVEL HOUSING 48,980 0 2ND LEVEL HOUSING 48,980 0 1ST LEVEL HOUSING 52,002 0 LEVEL P1 0 55,218 130 LEVEL P2 0 55,218 140 Total 198,942 110,436 ' 270 GRAND TOTAL (Housing + Parking GFA) 309,378 Pag~ 1 z3 49.77 ,~F ~x> ~4~ ~tA 8 ~ a$ ~` / ~ a o §a> e~g m~~ r--~ -- -- -- -- -- -- -- -- -- 589'35'12°E 195.67 X O N' ~ ~i ~ ',~ oo ~ 00 "~ O? ~ Om ~ z mm ~w N Sys l !'B ~ ~~ i+~~ H ~ ~ N °^a , ARI ~• ,~ '' mwWBv q .~ ~) ,~ grb ~ ti m B~ ~ ~~ Nyr~ ~//~~ ~• < k 8 i G ~V "^ CUl:,4~~ ~~ 8~i zi m ~ "~ ~ 444 ~ ~s,r y. d«.w~, ~noo.~.~e ip / 0 ., nce 14 \'~ 15 ~/ 16 rn - ~I 2s m x n `ten "n 260 ~ ~^ O 27~ y 36 Z S$ ~ $ ~ _~ - _ m 0 .,a~,rw ,~ T7 m ' m-as,rw ~ ° ° ~a I - . ~ ~ ~ ~ ~, ~ s~ w .~ ~. ~.~ - __ _ _...,.% `~ '° ~ ~TM "g°E"' ..47TH AVENUE NE our~orn ~ 36 Q a° ~ wu aaum, w z ° ~ ~~ 58975 36"E 203.00 7 semsx-e s - - ~ K w '."~'"„`E"N,.'ar ~"~` *. m, a z. '"" 589'15'36"E 647.01~'~5 rt .. 500"24'48.W -'z mwnrc"ra ,mm;'.""`-' __ ~- -- -.- -~1~- - - -- -- -- -- _.- -EXCE~T~~~~- .-Y -- . ~ a. 47TH AVENUE NE`""~"`~' is V Y W /~ Y \ B ~_ ~~~ Y VJ Y fY V d cr - ~~°~~ - - =°~ inn v z; ~~ o _ _ yo a^~ ~ ~ om. ~c- ~iN VJ ~ ~I ~r3 ~'~-' ]-t '3 `G M _ in:.: m m ~ ~ Sy ~~ !n r ~r^~'' NC n ^h O V ~ Y s ~ _ mZ ~ , YG Nm ~n ~ CD a ~ ~ ~ ~ 0 7 ~a~ ZO z O ,~ ~ ~ ~O . ~ ~ ~• m c~~ r.~~c Z - > N _a 7 m ~' m m rt ON ~ D CD -'~ ~ :~Fz a~ v ~rD Win= ~~ ~ ~ II ~ D m ~ ~ V1 _~a c~ O z RZG - my D ~ ~ a ~ w ~ O CS _ __ _ - _ mm ~ A Z O N n m~ N 3r c r -1 .P Zw°r G , ~ ~ N ~ G1 ~ ~ N ~ ", la F nj -~ar~~_ p_= ~._ - 49r_N AVENUE NE ~ -49TH AI/ENUE N~ - ~~- - -7 - - ~~- _ #~CWEEf~Y ~hhYY~YNTY Om I I EXCEtt'T~ON g 2 1 ~=879.77 ~ 3 ( 4 ( 5 -"~+~ci~.[_7a ~ N89"716°W 118195 J Page 1 of 1 Sheila Cartney -Grand central lofts . .. }. _-.... . .....:.. :.1r .. tK..:._ ..ura :i.: "'""•"lfl:%f].::w.Y. .'..v " f3_~_t'. 1r ~' ~. From: Kurt Kurzawa <kurtkurzawa@hotmail.com> To: <shells.cartney@ci.coiumbia-heights.mn.us> Date: 1/13/2010 12:17 AM Subject: Grand central lofts Sheila- I can not make the meeting torngrrow, but I would like to express my concerns about Grand Central Lofts putting up rental properties. I think this would decrease the value of my home even more then it has in the last year. In addition, I purchased my property with the notion that it was all going to "awned" by people and not renters. I think they should stick to the original plan or not add additional dwellings Thanks For listening, Kurt Kurzawa #200 Hotmaif: Trusted email with powerful SPAi~ protection, Sian up now_ fife:/1C:iDocuments and Settings\C`CH-User\Local Se~t~tngs\Ten~p\XPgrpwise\4$4D1 lOAcchg... 1/13/2010 ~~~ ~~7 ~~~~ ~ ~ ~ ~ i ~ ~ ~ ~J ~ ~ ~ ~r~ ~ 825 41~' Avenue NE Columbia Heights, MN 55421 763-706-8150 Fax 763-706-8151 Inspections 763-706-8156 TDD 763-706-3692 To: Scott Clark, Community Development Director From: Gary Gorman, Fire Chief Subject: Grand Central Apartments Date: March I7, 201.0 I have reviewed the site plan and read the market analysis for the proposed Grand Central Apartments. The proposed site plan was changed slightly to meet code on providing ingress and egress of fire fighting equipment. The removal of the north !south street in order to build a community building may hamper some firefighting activities due to access issues to the courtyard area in the center of the buildings. The buildings will have monitored fire alarm and sprinkler systems throughout, so the likelihood of a large fire is very remote. Historically over the past twenty years the larger rental property buildings, in terms of number of units, have been less of a burden with licensing, complaints and inspections. Larger properties have management companies that maintain the properties and ensure timely inspections. We do not have many large buildings in Columbia Heights to compare with but five come to mind: Apache Village Apartments. ParkvIew Villa, The Boulevard Apartments, Hei;;hts Manor and the Nelson School apartments. These five properties have never had. issues that would cause them to be considered "problem properties" from the Fire Department's perspective. All but the Nelson School apartments have limitations regarding age. In our opinion the older population is one of the main reasons these properties have remained stable and in such good condition. The addition oftwo rental buildings will have very little impact on our licensing and inspection service level. Buildings of this size are generally inspected in the late fall or early spring which is our slower period. The addition of these two rental buildings will have little impact on our EMS and fire service. Buildings of this type, with good management, maintain life safety systems and screens tenants better and evict problem tenants quicker, which leads to less use of the 911 system. Remember, the Sheffield Neighborhood was once a new and thriving neighborhood made up of mostly rental units. Everyone thought it would be a great benefit to the community. There are no guarantees. Cordially, ,-~ .. ~._ Gary Gorman Fire Chief GG/ks 10-29 77 CtJLUl~Z~IA I~~I'T`~ PC~LI~E I)EPARTI~~IENT MEMt)F~ANDU~ To: Walt Fehst, City Manager Economic Development Authority Commissioner Tami Diehm From: Scott Nadeau, Chief of Police i Sub'ect; Rental Pro'ect at 47`k' and Central Avenue ~ ~ ~~ Date: April 5, 2410 C}n March 24, 2(110, 1 received cort•espondence fiotn CotnmtEnity Iieveloptnent 17it•ectol• Scott Clark that directed both the Police and Fire Depat°tmetlts to submit tnetnot`andutns concerning the passible approval o#•a lrra~~rge-scale t•ental development at ~F7`~' and Central Avenue NoI•theast. In that correspondence, the Police LJelJartlllettt 4vetJ askl:Cl i:o alltairesS ttit'ee Ctit%StiaiiS a5 to different aspects of aLlt' experlerce Il: pa11cll:g and t•estaondin~ to rental t~rot~crties in the City of Columbia Heights. The fallowing are our responses to the questions that we were asked to answer, as well as some other thoughts in regards to the I•ental pt°oject. 1. YYlrr~t is the I'olicc I3e~nt•tnrent's 1•esjlo~ase to the ~r•oposnl, a~rr! fi•ona cr rertt~rl sitccation, tvltat is city's experiesace in cierrlitrg tt~it/t str:rrXle~• (fn~raily otvtretl nr mrrrrngerl~ vs. larget• (~~•vfessirrrtcrlly ~ntrnrrgert) ~•c=ntrrt pra~~Z~rties ~ The Columbia Ileigltts 1'oliee department has lead expet•ience dealing witl2 a number of smaller rants] properties {i,e. Iitdlvtduai oI• #ata.tly rr~t~), as well as larger praf'esstanally managed prajerts. In a~?I` experience in dealing with a wide vaI°iety oi•pI•apel•ty sizes; those individually administered vs. pI'afessianally managed rentals, the main factor as to whether ar not tl~e rental praperty is going to generate a signi~catit niunber ofpolice calls comes dawn to how the property is managed} and not necessarily wha is managing it. The praperty owners wha are proactive and take steps to conduct a thorough tenant set°eening, and wha reside at the property, or who ate actively involved in managing it have better central ovet• tenants and guests and will tend to generate fewer calls for service. Igow a rental praperty is managed is ever more crrtcial in areas such as the Sheffield neighborhood. An example ofthis is in the 4600 black of Tyler Street where the police department has dealt with some significant challenges in the past due to how certain properties have been managed. 4n one side of the street a property owner owns two small, adjacent properties, where the police department dealt with sa many calls far service and crime issues that a crime mitigation strategy was implemented in order to work closely with the property owner to reduce the crime and calls far service on the property. This was a very labor-intensive endeavor fot• the police department, even though the properties wet•e small in size when compared to some of the larger rental properties in the city. Across the street there are two adjacent properties that are owned 6y two different property owners that draw few, if any, police calls. Both of these properties are awned by small, family businesses that have owned the properties for several years and pride themselves on doing thorough tenant screenings because they are concerned about getting goad tenants in their apartmetats and not 7s being a problem far the neighborhood or the city. The difference was in haw these properties were being managed. In summary, it is the experience of the Police Department that involved and proactive management is the most impar•tant factor in determining whether the properties will be a source of crime and calls for service. 2. N~Itat, if any, concerns does the Polr`ce Del}artnrent /rove aGvrrt the site 1}lr[tt? The Police Department only has access to a rough outline showing where buildings would be situated an the site oi't11e ct.urei~rt condamirrium project. From this document, we have not identified any potential issues, however, in a large, multi-unit complex, there are a number of factors that could be addressed to aid in safety. Examples include suiiieient lighting of the parking lot, fencing to keep non-residents from cutting tluaugh the property, and landscaping that promotes high visibility and discourages graffiti. The Police Department would be wilting to partner with the property owners if requested to provide a Cl'TED {Cringe Prevention Through Environmental Design) study of the project if it naves far•ward. 3, Horv will this project affect yurar service levelst It is diffreult to determine the exact draw au police resources that this proposed project would have. In canner°satians with the St. tlnthony Police Department, it does not rrppear• that the property referenced in the •Toe Urban market assessment at the Landings at Silt1ef° I..ake Village has been a draw an the St. ~11~thany Police Department's resources. I also concur with the market assessment that there are few comparables to the proposed development currently in southern :4noka County, thus the projected palls far service ar•e difficult to project. We brave, however, in tl~e limited amount of tithe we've been given, done an analysis on areas ul our cornmtu~ity that currently have high cancenti•ations of rental property. We have found that these areas have a significantly hi~her• calls far service and crime rate as compared to a;•eas where there are highet• levels of hams ownership. I3y geo-coding, we have established that the areas in our community that seem to have rile highest calls for ser•viee are, in fact, our rental cammuuities and speciiicaiiy in the area surrounding the proposed devclapment. ~,,,; '~~ FHi r ~~ , t~ ~~ ~ I ,:,~ ,. • ~ ..-.. ' is .a. ,i ,t ~~~-.-~ mrx urE t_ _ _ , t; I ~ i ~ • - --- '«rt _- `~ ... .... , T ... . •M~ _ ~ _ ... A _ ~~ -i" _ -~- - .81N ~~~ :~ 7 • ASTN ~_ k(E ~ 1... Figure 1. Rents] property around proposed development ai'Ca Figure 2. 2009 CFS Density Map [Yellow = 5-19 CFS, t3hte = 20-49 CPS] Page 2 79 While our expertise is ztot in community development, and while we understand the need far further development and recognize the matket might sustain the proposed development, the proposed development would be in a neighborhood that already has a significant percentage of rental homes, and high calls for service and et•ime rates. While researching our response to this development, we found !~ 2009 study indicated that disturbances tnay be exacerbated in neighborhoods of lower residential stability characterized by fewer community stakeholders, or that problem properties may be concentrated in neighborhoods with low owner occupancy (Rephann, 2009}. This hypothesis appears to be supported locally ita the Sheffield Neighborhood where the proposed development site is located. Historically, the Sheffield neighborhood has had a comparatively High level of calls for service {CFS} and criminal activity when compared to other residential neighborhoods within the city. Figz~re 1 above shows current levels of rental property in the Sheffield neighborhood while Tr.'gure 2 shows 2009 CFS rates for the same area. 'the transient nature of renters citscourages their investtncnt iz1 the community and may lead to increased crime (Rephann, 2009). 'I'ho school district has also felt this impact as administrators for Colombia Heights School District 13 have noted challenges in maintaining school stability given the current transient student population. They estimate a Loss of appt•oxitnately 25% of the studetlt population thtottgh transfers oath school yeaz~. Considering the positivo impact of homeownership on neighborhood stability and cz•ime tendency, a compat•isota of homeownership in Calutnbia Heights and surrounding communities may be beneficial. Columbia Heights currently has G7% homeownership compared to the state average of 73%, and the metropolitan area average of 71 % (ITS Consul, 2009). The increased rental property would result in a homeownership rate of b4.4%, which is considerably below the state at2d metro avez•age yet still slightly higher than Fridiey's rate of b3% (ivietz•opotttan Counctz, 2vv~~. We acknowledge that the proposed high-end rental is significantly different Haan other rental property available in Columbia I leights, minimizing or eliminating the effects of subsidized housing and other socioeconomic factors that negatively impact crime and neighborhood stability (Rephanrz, 2009}. This also makes it difficult to make statistically significant CFS and Crime data cotrtparisons for tl3e typo of rental pz°oporty pz°oposod. Tltis is especially tz•ue with a neighborhood having historic stability, crimp and CFS issues such as Slleffteld. We hope that this response adecltiately addt•esses the clttestions posed to the Police Department reference to the proposed developmoz~zt, however, ii' yott have additional pttcstions, please contact zne for further information. References Metropolitan Council {2009). ~Imeracan corratnianity sirt°vey data. Retrieved an March 30, 2010 from http://www.metrocottncil. otg/Census/ACS/Ovet•view2006_2008.pdf Rephann, T, J. (2009}. Rental hnttsing and cyirne: The r•ale of pj^operty ntivnership and management. Retrieved an March 30, 2410 from http:lJwww.eoopercenter.org/econ/publications/rental-housing-and- crime-ro le-prop et•ty-ownership-and-management IT.S. Consul {2009}. Homcjottjner°ship rates• by state. Rett•ieved on Match 30, 2010 ti•on-t http://www.censtts. gov/hhes/www/housing/hvs/rates/files/tab3_state05_2009_hmr.xIs Page 3 so i ... Ta: City Council Members, Wait >+ehst, City Manager From: Scott M. Clark, Community Development Director Date: 4!812(}10 Re: Grand Central Apartments The purpose of this memo is to address some of the concerns that have been raised globally regarding the Grand Central Rpartments rental development. This memo is written from the perspective of the Community Development Department and it is intended to provide a community development perspective to various carrespandenees and various raised concerns to date. issue #1: The project is too big and has too much density. • This project is located within the City's Comprehensive Pian designation as "Transit *Driented Development" with afollow-up zoning of Mixed use Development. Bath City documents stress the fact that this is the area of the City where high density is desirable based on good design. • The projects massing {height of building and floor print} remains as originally planned. • Internal circulation has been improved by allowing the Phase Ili proposed apartment access directly from Grand Ave. The proposal now has 104 units accessing the site internally with the previous plan having 132 units. e f~a variances are being requested for the project issue #?: The City should adherA to tha original plan. * The original condo/tawnhome/oommercial master plan was approved in 2004. Since that time, the candy market became a victim of the national housing crises with issues of supply and demand, credit and fareolosures. Based on opinions within the industry, the condo market could take ten years to restart. • The base question for all parties is if the ariginai plan assumptions are gone, is the rental project a viable alternative? Staff has worked with the developer and the architect to propose a facility that 1) Has sufficient built-in amenities to hold ifs value and 2} The quality and assets drive an upward rent structure that does not currently exist in the community. • If the property remains vacant for an extended period of time, does this provide an asset value to the community as a whole, to the surrounding neighborhood andlor to the ability to sell and maintain the phase I condo? • A key concern of the existing condo owners is that converting the future condo space to rental causes increased association fees (as an example the cast of operating the community building) due to less household units. The question far the future is that the condo market can't be self-willed and the issue of increased assessment casts for the Phase-I residents could be a long-term reality. tlnfartunately, there are risks associated with entering into a phased project and the completion of this, as planned, seems doubtful. 81 Issue#3: This is a rental project that does not provide community benefit and will fail. Staff views that by labeling any and all rental projects as bad, is a gross generalization that has clouded some of the discussions on this project. This City, like many, did not have tools in the past to either work with problem properties or to establish partnerships with the rental community. Licensing units, three strikes provisions, property maintenance codes, community orientated policing concepts, etc. are all examples of a community maturating in terms of dealing with issues in a proactive, versus a reactive manner. There are differences in rental problem issues between single or two unit buildings being run by absentee landlords, as opposed to a professional managed facility, It is important to compare the investment level commitment, When completed these two buildings will equal a $20 million dollar investment as apposed to an investor buying a $70,000 single-family foreclosure with the intent of renting. It seems a fair conclusion that this level of investment will generate and demand rigorous management to maintain the asset value. In addition to the City, investors and banks will have an even keener interest in the proper management of this property. The greatest asset that this project provides is a higher end ren#al facility as a housing choice. At this time, an individual wanting to rent a unit with "value-added" amenities {underground parking, community buildings, higher price paints to reflect value} must go to another community. Many times the idea of diversifying housing tends to lead to discussions on adding affordable housing, and in this case, the diversification is about adding a higher income choice for individuals, A number of questions have been raised regarding the City's percentage rate of rental (currently 33°10 of the City's housing stock). This rate of rental units is not uncommon in first ring suburbs {defined as developed suburbs) as illustrated in the attached "Overview of American Community Survey" data dated ©ctober 2009. In addition, rental is many times perceived as apartments only, but it needs to be recognized that rental is spread out to other forms such as single-family homes, senior complexes, etc. The number of households, by type IllllUwj. The City's current housing stock is as follows: Number of Single Family Homes: 5,024 Assisted Lining Emits: 115 Total Rental Units: 2,538 Total of alt units in the City: 7,678 Rental Units by Type: Single Family Homes: 402 Senior Facilities: 355 All Other: 1, 781 Total Rental Units: 2,538 s Page 2 82 Ove>i•view of American Community Survey data (2046-2008) Octobet• 2049 -. -~ w~ _ .:~ 000 OR MORE CkTIES WITH P4pULATlO1'~~a~' ~[l SELECTED CHARACTERIS7`IC~ ' ,.. ; , ~ AMERICAN COMMUNITY SURVEY, 2006-2008 U,S.'CEN8U5 BUREAU,: COMPILED BY METROPOLITAN CC~I;~i~~~L RESEARCH x _ =_ . ~ , __ : Pyt me ~ 11t, lN~~ rent} 'c~ ~~eru M ~ ~'r ~ ~ t ~ i v P ` ~' ,g~ s , ~ ~ ~ ~f~t ~iq ; ~sF j ( ! la~,~l5 P rcent t i1" t7+~ l u sak~ t ~ . £ ~ e w {i ~~ p ifi,~{ds° ~ir?~CC r~~ - ~ ~~ ~ } t s L~S![~1$~ ~tl i Cvhd - ~cCtY1h101e~ ~r CR1Q~c~ [IS'1~ 8f~ ~ Lid` ~ alh t d ~td t '4 i M 3 C ~ C t ~ f ~ ` rJ i ~ t3 ed ~ eb 1~i}i 8~3 hhi3lJa~ Per ~ii ars rci;~;en~ iperCQtlt lltiiTC Qa~~f i t~ ItL8d1 1 . ' ,. ~ lone la" ~ n r ut~ _~ rt ~~ ~ ~qr ~ Willi ~ n ~~ 11 ~ 'parsons I~rl€~,t(~„h~ ~ h hold : . ~_ .. } ~ i a ~ ~ °WOTk.- rRCm9Ce~ "burderf mop 1}`s aC ~ ~ c:_1~s; F ~~` ,ch1ldPe ,16i,;e~ t~fGAItSC ~t13Art1e? Itf~coMS SEVEN-COUNTY REGION 25% 10% 24°.U 29% 20°l0 13% NIA 15% 73% 36°l0 78% 32% CENTRAL CITIES Minneapolis 20% 9°/a 13°fo 42°/a 36% 19°/a $47,097 25°~ 53% 44% 62% 26°!0 St. Paul 25% 10% 16°!0 39% 38% 23°l0 $46,628 20% 57°~ 42% 69% 25% DEVELOPED StdBURBS Apple Valley 25°~ 9% 27°/a 23% 15% 11% $78,373 12% 85°~ 31% 82% 36°!0 Bloomington 19% 18% 16% 33% 17% 11 °!a $Ei1,149 15% 71 l0 35% 79 ~0 24 ro BrvvLi.an Center ~ 27% 13°!0 17°Io 25% 51% 25% $49,129 2l to ti6% 45% 74% 3Uro Burnsville 23°l0 10°/a 21% 29°l0 22% 15% $65,360 18% 68% 35°l0 82% 33% Champlin 30% 6°!0 37% 16% 11°!0 9°l0 $81,718 N/A 88% 33°10 $6% 42°!0 Coon Rapids 25% 10% 25% 25°l0 12% 10°!0 $63,075 13°!0 79% 36% 83% 36% C rysta! 22% ~ 14% 20°l 0 35°fo 2i°!o 17°!0 $5 9 ,8 74 14% 76% 32°!0 82% 24°10 C , Ldina L6°!° ~~°!0 // 26°/O J`~°!° 10°l0 ~V°!O p : 5 $80,(81 14°/° 78°I0 J2°!0 4 UV% 19% Fridley 21% 14% 15°l0 32% i9°lo 13% $51,552 17°l0 63°!0 32°fo 82°!0 27% Golden 20% 17°10 18% 29°l0 16% 7% $81,347 12% 79%a 3i% 81°k 18% Valley Maplewood-- --25% 16°!0 19% 29°!0 21% 11% $59,458 12% 75°l0 36% 82°k 28% Minnetonka 23% 14% 22% 31 % 9% 8% $83,407 13% 73% 30% 82% 23% New Brighton 23% 16% 18% 31 % 18% 12% $59,477 14% 67% 31% 84°h 25% NeW Mope 21% 19% 19% 34% 24°l0 14°l0 $49,789 16°!0 56% 3$°lo S2% 26% Richfield 22% 15% 16% 37°!0 32% 22% $49,297 15% 67% 44% 75% 22°!0 Roseville 19% 22% 17°!0 42% 17% 13% $51,617 14% 67% 32% 78% 25% Shoreview 24% 13% 25% 28% 10% 8% $81,250 10°h 88°!0 29°l0 82% 30% St. Louis 1Qo/o 14% 15% 41% 17% 13% $56,231 22% 63% 35% 78% 19% Park White Bear 25% 16% 18°!0 33% 6% 3% $61,008 12% 74% 39% 88% 35°/n Lake 10 Mfg fE~c7PO111"Ahd C~CatJNClL ^ F?L:5LAhii:t-I r 3JU HC7E3Erf3T~ :s tREt:1" PdC7f~ f 1"i, ST". i'AI,dL, iv1N r51Q1.18DS « YINVl~1'.fvtf~l"F1OCCJUf`dCtL.C)tiCa 83 CITY COUNCIL LETTER Meeting of: 4/12/2010 AGENDA SECTION: OTHER ORDINANCES AND ORIGINATING DEPARTMENT' CITY MANAGER RESOLUTIONS PUBLIC WORKS /~' ITEM: Second Reading of Ordinance 1578, Being an BY: K. Hansen BY: ~°°E / , Ordinance Amending the Refuse and Recycling Section of the DATE: 4/7/2010 DATE: ' %° `" City Code: Chapters 4, 5, 8. Background: The Council approved a new Refuse and Recycling contract on November 9, 2009 with the following major changes: • The Contractor has been changed to Veolia, based upon their bid, and includes single sort rec cy iin~. • Term has been updated for five years beginning in January of 2010 and ending December of 2014. • Tipping fees have been defined and added to be separately tracked in the payment procedures. • The City will switch to single sort recycling in 64 gallon. carts and pickups changed to every other week for recycling. Refuse collection days remain the same. • The City will move the recycling collection point to the same location as refuse (i.e. to the alley where permitted}. • Language has been added to the Dispasal section in which the City reserves the right to direct the location and facility of the disposal of solid waste. • Language has been added which requires the Contractor to provide tonnage reports on a monthly basis for garbage, solid waste, and recycling. And that the City may withhold payment without such SubiiiittalS. • A recycling rebate provision has been added to provide for revenue sharing of recyclables collected. Citywide. • A fuel escalation clause has been added to account for fluctuations in fuel costs. • Allows the contractor to service multi-dwelling properties tivith carts instead of dumpsters where permitted. Recommendation: There is currently no article under Chapter ~ ICIFAL SERVICES far residential refuse operations (as provided by City contract}. Staff is proposing to centralize this activity in Chapter 4 -Municipal Services. Attached is an ordinance revision consisting of six pages. The basis of these ordinance amendments is to develop consistent contract language and operations review by City staff based upon experience with the refuse and recycling program. Recommended Motion: iVlove to waive the reading of Ordinance 1578, there being ample copies available to the public. Recommended Motion: Move to adopt Ordinance 1578, being an ordinance amending Ordinance 1490, City Code of 2005 relating to the Refuse and Recycling section: Chapters 4, 5, and 8. KH:sms Attachments COUNCIL ACTION: ne ORDINANCE NO. 1578 BEING AN ORDINANCE AMENDING ORDINANCE 1490 CITY CODE OF 2005 RELATING TO THE REFUSE AND RECYCLING SECTION: CIiAPTERS 4, 5, AND 8 The City of Columbia Heights does ordain: Chapter 4 -Municipal Services of the City Code shall include: CHAPTER 4: MUNICIPAL SERVICES -Article VII. Refuse and Recycling Services § 4.701 General. Operations, § 4.702 Definitions, § 4.703 Garbage General Requirements, § 4.704 Recycling General Requirements, § 4.705 Other Refuse General Requirements, and § 4.706 Refuse Service Rates and Rules. Entire Article is new. § 4.701 GENERAL OPERATIONS A. Every household and every occupant or owner of any dwelling, house, boarding house, apartment building, or other structure utilized for dwelling purposes within the city must use the garbage and rubbish collection service as is made available by contract by the City of Columbia Heights and its designated garbage and rubbish Service Provider. The City reserves the discretion to add other entities (Non-municipal) as agreed to by Council resolution. I3, The Service Provider shall collect refuse, recycling, yardwaste/brush, white goods, electronics, and all other permissible household refuse at designated collection points as permitted by section 8.301 (E). C. All collection service shall be conducted Monday through Friday. When holidays fall on a weekday, the collection shall be made within the next day. D. Whenever a residence notifies the Service Provider of locations which have not received scheduled service, the Service Provider is required to service such locations before 6:00 p.m. of the same day when notified. prior to neon. When notified after noon, the Service Provider shall service such locations not later than noon of the following day, excluding Sundays, E. Residents vvho are elderly or physically disabled and are abnable to place their containers at the designated location, may request "walk-up" service from the Service Provider, whereby the driver will service those containers from the house access that is nearest the designated collection point. F. The Service Provider shall direct all. requests far service level changes to the City. The size and numbers of containers shall be selected by the resident/owner (through the City), who may change their Level of service monthly at no additional charge. Official changes will be made through the City and the Service Provider will be notified. The Service Provider may remove containers from properties when the City discontinues service to a residence. G. Ail refuse and recycling materials placed for collection shall be owned by and be the responsibility of the occupants of the residential properties until collection by the Service Provider. Upon collection of the refuse materials by the Service Provider, the solid waste becomes the property and responsibility of the Service Provider. All Garbage and Refuse shall be transported to, weighed-in at, and disposed of at a solid waste facility that is approved by the City. H. The Service Provider customer service office shall be staffed from at least 7:00 a.m. to 4:30 p.m., Monday through Friday (except holidays). 85 § 4.702 DEFINITIONS A. Residence shall mean all single-family dwellings, double bungalows/duplexes, apartments, town homes, condominiums and other living quarters. B. Multi-dwelling properties mean any residence with more than four separate living quarters including, but not limited to, apartments. C. Garbage shall mean organic (non-hazardous) waste resulting from any source. D. Rubbish shall mean all inorganic (non-hazardous) refuse matter that accumulates in the ordinary operation of a household including but not limited to stone, sod, earth, concrete, and building materials resulting from remodeling a residence on the property at which. these materials have been placed, along with mattresses, chairs, couches, tables, and other such items of furniture. E. Recyclable Materials shall mean newsprint, glass bottles and jars, aluminum, steel and tin cans, cardboard, plastic beverage bottles, mix paper, phone books, magazines, and any other materials as required by the City and agreed to by the Service Provider. F. Yard waste shall mean garden waste, leaves, lawn cuttings, weeds, and brush. G. Brush shall mean branches, trees and shrubs of less than four (4} inches in diameter. 1-1. Reee tp acle, unless specifically provided otherwise, whether referred to as `cart,' `garbage can,' `plastic bag,' `suitable container,' `cans,' or `containers,' shall be of such size and form as to permit Collection and handling by one person. A single cart shall not exceed 100 gallons. Container capacities are defined as Large (90-100 gallon}, Medium (60-70 gallon}, or small (30-40 gallon}. 1. Tipping_Fee shall mean the charge per ton assessed to the Service Provider by the City approved solid w"astc disposal faiiiity for dYSpt'ising R.filSe slid Garl:3age. Tipping i~ee excludes any taxes and/or surcharges. 3. Electronics shall mean. televisions, stereos, VCR's, DVD players, computers, computer monitors, and any other similar device so defined by the State of Minnesota. K. White Goods shall mean household appliances including but not limited to clothes washers and dryers, dishwashers, water heaters, garbage disposals, trash compactors, conventional and. microwave ovens, ranges and stoves, air conditioners, dehumidifiers, refrigerators, and freezers. L. Refuse shall mean garbage, rubbish, yard waste, brusl°~, electroa~ics, and white goods, and recyclable materials if discarded iii the non-recycling container by the residence. M. Full service means collection of large household items such as, furniture, extra garbage, and rubbish that does not fit into the provided container (although still limited to three garbage truck hopper Loads} as part of the regular service charge. N. Limited Service means additional fee-based service for the collection of household items, furniture, extra garbage, and rubbish that does not fit into the provided container and is not part of the regular service charge. O. Living quarter means single family home and each separate rental unit of amulti-dwelling property. § 4.703 GARBAGE GENERAL REQUII[2EMENTS A. Each residence shall have its refuse and. all other permissible items collected a minimum of once each week. B. The Service Provider shall provide each residence with a garbage container (wheeled carts with attached lids) or dumpsters that meet federal standards and have fly-tight lids. Except as otherwise set forth herein, all containers furnished by Service Provider, shall while in the possession and control of the residences aild multiple dwelling units, remain the property of Service Provider. Residents and multiple dwelling units shall use the containers only for the purposes for which it is intended herein and86 all not make any alterations to the containers. Residents and multiple dwelling units shall be responsible for loss or damage to the containers in excess of ordinary wear and tear. In the event a resident requests more than one container or a replacement container due to theft or damage beyond ordinary wear and tear, Service Provider shall provide additional containers and charge the Resident or Multiple dwelling unit directly for the cost of the container and delivery thereof C. Full Service Collection for non-multiple dwelling properties, shall consist of one large or one medium capacity garbage container with full service sticker, provided by the Service Provider. Service Provider shall only collect up to 250 gallons (3 -large gallon carts) or 1.5 cubic yards of extra material outside a residence cart. Collection of materials in excess of this amount can be provided by the Service Provider at an additional cost to the resident. Additional Full Service Collection includes: 1. Christmas tree collection during the first two weeks of January, per living quarter unit. 2. Additional amounts of non-garbage household. rubbish (within the limits described above), such as stone, sod, earth, concrete, and building materials resulting from remodeling of the residence on the property at which these materials have been placed. Where practicable, such items will be bagged, boxed, or bundled. 3. Carpeting, carpet padding, mattresses, chairs, couches, tables, and other such items of furniture. These items must have come from the property where placed far collection. 4. One white good item each calendar year for each living quarter unit at no charge (tracked by the Service Provider). ®. Limited service will consist of one medium capacity container, as provided by the Service Provider. All materials subject to collection shall be fully contained in the designated contanner =,~';th closed lads. Collection of materials o'uts.de of the provided container can be provided by the Service Provider at an additional cost to the resident. Additional Limited service includes, Christmas trees and white goods collection as described. in C- 1 ~i 4 above. E. Low-volume collection service shall consist of one small capacity garbage container, as provided by the Service Provider. All materials subject to collection shall be fully contained in the designated container with closed lids. Collection of materials outside of the provided container can be provided by the Service Providea• at an additional cost to the resident. Additional Low-volume service includes Christmas trees and white goods collection as described in C- 1 ~ a abo`ae. F. Multiple dwelling properties. Service Provider shall provide each multiple dwelling with at least one standard dumpster (1 cubic yard capacity} or equivalent number of large containers and collections, a minimum of once/week. Multiple dwelling properties may not have extra garbage or rubbish outside of the provided container, except far large household items such as furniture items, carpet, padding, and mattresses. Property owner/manager must call the Service Provider in advance of collection. Collection of materials outside of the provided container (other than previously noted) can be provided by the Service Provider at an additional cost to the owner. Additional services/living quarter unit includes Christmas trees and white goods collection as described in C- 1 & 4 above. § 4.704 RECYCLING GENERAL REQUIREMENTS A. Items designated for recycling shall be listed by the City Manager to be part of an authorized recycling program. B. Ownership of recyclable materials set out for the purpose of participating in a curbside recycling program shall remain with the person who set out the materials until removed by the authorized collector. The person who set out the material is totally responsible for their proper preparation, handling and storage. Ownership and responsibility for the proper handling of the recyclable materials shall vest in the authorized collector upon removal thereof by the collector. $~ C. Recyclable Materials generated from residences with single sort containers will be collected a minimum of once every other week. D. The Service Provider shall be responsible for distributing all properly labeled (with instructions) recycling containers (wheeled carts with attached lids) to the residents/property owners. All containers furnished by Service Provider, shall while in the possession and control of the residences and multiple dwelling units, remain the property of Service Provider. Residents and multiple dwelling units shall use the containers only for the purposes for which it is intended herein and shall not make any alterations to the containers. Residents and multiple dwelling units shall be responsible for loss or damage to the containers in excess of ordinary wear and tear. In the event a resident requests more than one container or a replacement container due to theft or damage beyond ordinary wear and tear, Service Provider shall provide additional containers and charge the Resident or Multiple dwelling unit directly for the cost of the container and delivery thereof. Ea The Service Provider shall be responsible for collection of recyclable materials from containers at residential properties in the City. Additional recyclable materials will be collected outside of the container when bagged or boxed that meets Service Provider specified procedures. F. If the Service Provider determines a recycling container is too contaminated with nan- reeyclable materials, Service Provider may collect the material as refuse. The contactor wiII notify the resident of contamination issues and provide information for proper preparation of recycling. Collection of contaminated recycling materials can be provided by the Service Provider at an additional cost to the resident. C. City of Columbia Heights Recycling Center. All items collected curbside will also be collected at the recycling center with the addition of scrap metal, used. oil, oil filters, and r'.mless tires. The ~'entPr may be L:tlliZer~ by area h~.,is.nessPs anal rPs:dent5, T TSed oll nil a~ filters, and rimless tires may be delivered only by Columbia Heights residents for non- business purposes. Further, rimless tires are limited to four car or light truck tires per resident for every year. The City may, at the City's option, add or remove Recyclable items collected at the Drop-Off Recycling Center or discontinue the Program entirely. 4.70 ®T R SE IiE t~UI 1~IE S A. The SPrv~ce Provider shall organize residential collection of electronic dev4CeS that are banned from the solid waste stream by the State of Minnesota, Anoka County, and the City of Columbia Heights. The Service Provider shall provide each residence and multi-dwelling living quarter unit an electronics (including those items not banned) curb-side collection service weekly, although this service will be fee-based and negotiated directly between the Service Provider and the resident requesting the service. B, The Service Provider is responsible for weekly collection of yard waste and brush from non- multiple dwelling properties during the growing season (April 1 -November 30). Yard waste and brush collected from non-multiple dwelling properties shall occur on the same collection day as refuse. C~ Yard Waste collection shall be limited to only those materials placed in authorized disposable containers that meet State of Minnesota, Anoka County, and City of Columbia Heights requirements. The Service Provider shall notify residents on the specifications for Brush collection. D. Each property is authorized one white good item each calendar year, for each living quarter unit, at no charge (tracked by the Service Provider}. Additional items can be charged by the Service Provider at an additional cost to the resident. Arrangements and billings for appliance collections will be handled directly by the Service Provider. § 4.706 REFUSE SERVICE RATES AND RULES ss (A) Charges. The Council shall by resolution fix all charges and penalties for refuse and recycling service rates for dwellings and shall similarly fix the rates by which such charges shall be computed. All such utility bills may be collected. as provided for refuse billing by division (C) of this section. (B} Owner liability for charges. In billing refilse service the rates shall. be applied by container size and service level. The property owner shall be liable for refuse and recycling service to the property owner's property, whether the owner is occupying the property or not, and any charges unpaid shall be a lien upon the property. (C} Statements; delinquent bills, stop-service for non payment; resumption of services. (1) Accounting. The administration services of the city shall provide for a method of periodic accounting and recording of refuse service level at each location throughout the city. Bills shall then be calculated to include penalty and extra service charges; minimum charges for availability of refuse services, regardless of usage; and other charges as necessary and appropriate for revenue for the maintenance and operation of the city refuse budgets. (2) Statements. The administrative service shall mail said utility bills to the owner at the address listed for each specified location or to such address as the owner of record may request in writing. (3) Due date. Utility bills are due and payable on the tenth day of the month following the date of the postmark. Any bill not paid by the close of business on the tenth day of the month following its mailing is delinquent, at which time a charge established by the City Council shall be added to the billing. Partial payments shall be considered as payment towards mast dated amounts billed. (4) Delinquent bills. The administrative service shall ascertain all utility bills that are delinquent afterythe tenth day of the month and mail notice of such delinquency to the occupant of the. iocat~oit by the tv/~°.ntie tii day of tii°. s'um°v montii. if s~icii bill remains unpaid at the last day of the month in which the delinquency notice was sent, the administrative service shall send a second written notice of such delinquency . Said notice shall include a statement that refuse service will be discontinued unless full payment is received by the tenth day of the month fallowing the month in which the first delinquency notice was mailed. Before the refuse and recycling service will be continued, the entire account, including any current charges must be paid along with and including the charge established by the Council for penalties. Refuse service will only be provided during regular working hours. if utility bills are not paid, the bills may be levied against the property o.vner prior to continuing ref'~zse service, and proof of levy payment must be provided to the administrative service prior to said service being turned back on. (5) Shut-offfor non puvment. Refuse and recycling service may be discontinued at any time thereafter, subject to the following exceptions: Service may riot be discontinued in this manner for: (a) Any tenant, lessee, or individual occupant of a multiple dwelling or commercial building which does not have a separate utility bill for each separate tenant, lessee, or occupant unit. (b) Any person who has filed with the Finance Director a written protest of the amount billed, either in whole or in part, together with the reasons or basis for such protest. (6) Shut-off for non payment under subdivision (C) (5) (a). (a) Refuse and recycling service may be discontinued under circumstances described in subdivision (C)(5)(a) by providing 30 days' written "Final Notice" to each individual tenant, lessee or occupant. (b) Upon expiration of 25 days of said 30-day period, additional written notice shall be provided to each individual tenant, lessee, or occupant indicating whether the delinquent utility bills remain unpaid, (7) Shut-offfor nonpczvment under subdivision (C)(S)(b). Under circumstances described in subdivision (C)(5)(b), the administrative service shall investigate the basis for the protest and issue a report of its findings to the aggrieved party. When so warranted by the results ss of the investigation, refuse and recycling service may thereafter be terminated upon 24 hours' notice. (8) Certification of delinquent bills. The Council may certify unpaid and delinquent refuse bills to the County Auditor annually for collection pursuant to the provisions of M.S. § 444.075, as it may be amended from time to time. (D) Utility service bills pavable at Finance Department. All bills for water and other services are payable at the office of the Finance Department during regular working hours, or as otherwise provided by said Finance Department. Chapter S -Commercial Licensing of the City Code shall. be amended as follows: CHAPTER 5: COMMERCIAL LICENSING -Article VI. Consumer Services, Miscellaneous Businesses § 5.603 GARBAGE COLLECTIONS. Paragraph (B) GARBAGE. Organic refuse resulting from the storage or preparation of food and decayed or spoiled food, and any other organic refuse from any source. RUBBISH. AP1 inorganic refuse, such as, but not limited to, metals, glass, packaging materials, and ashes. Paragraphs (E) and (F) have been removed. Chapter SA -Property Maintenance Code of the City Code shall be amended as follows: CHAPTER SA: PROPERTY MAINTENANCE CODE -Article II. Minimum Standards SA.205 RUBBISH, GARBAGE, RECYCLING, AND COMPOSTING. Paragraph (B) Disposal of Rzrbbish. Every occupant of a st~•ucture shall dispose of all rubbish in a clean and sanitary manner as established by city code. Rubbish, garbage, recycling, yard waste, acrd appliances shall be placed in accordance with Chapter 8, Article III of the city code. Chapter 8 -Public Health and Safety of the City Cade shall be amended as follows: CHAPTER 8: PUBLIC HEALTH AND SAFETY. Article III. Garbage and Rubbish 8.301 STORAGE CONTAINERS (A) (1) Every person who owns or occupies property within the city for business, commercial, industrial ar residential purposes shall dispose of all garbage, rubbish and recyclable material as defined herein, which may accumulate upon such property at least once a week. (2) Yard waste as defined herein, which may accumulate upon such property shall be disposed of at least once a week during the yard waste season as determined by the City Manager. This provision. does not apply to composting permitted by division (F) of this section. (3) For purposes of this code: COMPOSTING. Any above ground. microbial process that converts yard waste to organic soil amendment or mulch by decomposition of material through an aerobic process providing adequate oxygen and moisture. GARBAGE Organic refuse resulting from the preparation of food and decayed, spoiled food, and other organic refuse from any source. 90 RECYCLABLE MATERIALS. Ali items of refuse designated by the City Manager to be a park of an authorized recycling program and which are intended for transportation, processing and remanufacturing or reuse. RUBBISH. All inorganic refuse matter such as metals, glass, packaging material, ashes, and the like. SHEET COMPOSTING. The spreading, incorporation or application of raw or composted yard waste onto land. YARD WASTE. Grass, clippings, leaves, weeds, garden waste, twigs and branches less than four inches in diameter. (B) (1} Every person responsible under this section, except as otherwise provided below, for the disposal of rubbish and. garbage shall use containers for the storage of such matter between periods of collection, one or more garbage containers that meet State and Federal standards. Rubbish and garbage placed into the containers shall. be properly enclosed (i.e. bagged or boxed) to prevent loose trash from spilling out of the container. The containers shall be tightly covered to prevent exposure of the contents to potential fly or vermin infestation and shall be provided with handles for ease of lifting. Containers for the storage of garbage and rubbish shall be maintained in a manner which will prevent the creation of a nuisance or menace to the public health, safety and general welfare. Containers which are damaged, broken or otherwise create a nuisance or menace to public health, safety and general welfare shall be replaced with acceptable containers. (2} Disposal of yard waste shall be from Anoka County and State of Minnesota approved bags, or a permanent ventilated flytight metal or thermoplastic container which is clearly identified as containing yard waste. Containers for the storage of yard waste shall be lmain5tai(ned/1 in amanner which w(illt p!!''~~revent th((e++ ycyryepatlion of aYnuisance or menace to the pubplic health, safety and getter al YV~e lfar ~+. leiolltalller.] VY n1V1t are dalllage+d, broken or other YV~lse Vr~rate a nuisance or menace to public health, safety and general welfare shall be replaced with acceptable containers. (C) Notwithstanding the provisions of division (B) of this section, persons responsible under this section for the disposal of rubbish or garbage at each commercial and industrial establishment, or restaurant necessitating the storage and disposal of garbage and rubbish shall utilize a vat service in lieu of the above requirements. Such vats shall be designed with the proper attachments for lifting onto refuse trucks. (D) All accumulations of garbage, rubbish and yard ~,~~aste m=ant be deposited and contained within the containers as provided in this section, except thane Residential properties that pay for "full service'" through the municipal provided refuse service may have extra bagged garbage and rubbish autside of the container on collection day. (E) (1) Where alleys are platted and open for traffic, garbage and recycling containers shall be placed at the rear of said property adjoining the alley. Where no alley exists, containers will be kept at or near the back door; provided, however, that where the back door is not reasonably accessible from the front yard; the container shall be placed at a point adjacent to the house which is reasonably accessible from the front yard. Garbage and recycling containers must be removed from the curb line within 24 hours after scheduled collection, and cannot be placed on the curb line more than 24 hours before scheduled collection. (2) Ail yard waste, appliances, and electronics shall be placed at the street curb line on collection day. (F} Composting is prohibited for any owner or occupant of property within the city for business, commercial, industrial or residential purposes, except as hereinafter provided.: (1) Composting shall be established in such a manner so as not to create an odor or other condition that is a nuisance; (2) Composting may consist only of yard waste, wood ash, and sawdust generated from the site on which the composting is located.; 91 (3) Composting must be in a back yard and must be 5 feet from any side or rear yard lot line and no closer than 20 feet to any habitable building, other than the resident's own home, or less than. 2 feet from the alley if any alley exists; (4) Compacting shall be conducted. within an enclosed container(s) not to exceed a total of 100 cubic feet in volume for city lots less than 10,000 square feet, and five feet high, the container(s) shall be of a durable material such as wood, block, or sturdy metal fencing material; (5} Sheet composting shall cover no more than 0.025 of the total lot area, and in no case exceed 500 square feet, must be in a back yard, and must be five feet from any side or rear yard lot line. Sheet composting must be incorporated directly into the soil; and (6) None of the following materials shall be placed in the composting container(s): meat, bones, fat, oils, dairy products and other kitchen wastes, whole branches or logs, plastics, synthetic fibers, human or pet wastes or diseased plants. (G) Refuse or garbage for commercial and industrial properties shall be located to the rear property line of the building. Said containers shall be located imrnediatety adjacent to the buildings which the containers serve. The location of the containers shall be in such proximity to the property that their appearance will not be evident from the street. (1) Said containers shall be screened by appropriate fencing and/or shrubbery when adjacent to or across from. residential property. (2) Where it is physically impossible to place the containers behind the rear line of the main building, the containers shall he placed as inconspicuously as possible along the side or front of the building with appropriate screening or m such place as the Council may require. (l-l} The presence of any garbage or rubbish on any property other than within a structure permitted by the zoning code within the city or in any container other than a container authorized by this section or in the presence of containers not conforming with the requirements of this section. except as specifically authorized by this section, shall constitute a public ni.;isance undeY this section and. shall constitute an offense punishable under this division. (I) Any person, firm or corporation who causes any violation of any provision of this section or who owns, maintains, or has a superior possessory interest in any estate where violations of the provisions of this section exist, upon conviction thereof, shall be punished as provided in § 1.999. Section 2: This ordinance shall be in fall force and effect from and after 30 days after its passage. Firsts Reading: March 22, 2010 Second Reading: April 12, 2010 Dated of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 92 CITY COUNCIL LETTER Meeting of: April 12, 2010 AGENDA SECTION: OTHER ORDINANCES ORIGINATING CITY MANAGER AND RESOLUTIONS DEPARTMENT: PUBLIC WOP;KS ITEM: Second Reading of Ordinance 1579, being BY: K. Hansen BY: ~'" ~`, ~ ~ E ~. -~, ,, an Ordinance Amending the Tree Ordinance DATE: 4/07/2010 DATE: Section of the City Code: Chapter 4, Article 1I, sections 4.201 and 4.202. Background: The Public Works department administers the tree maintenance program in the City of Columbia Heights, which consists of tree trimming, disease eradication and replanting throughout the City. New diseases, such as the Emerald Ash Borer, are present in nearby communities and will threaten much of the ash trees the City has on both Public and Private properties. Our current ordinance addressing tree care is found in Chapter 4 of the City Code under Municipal Se:-vices. The League of Minnesota Cities (LMC) has also updated their model Shade Tree Ordinance to account for new pest threats and recent private property access issues in the Metro area. Recommendation: Staff is recommending updating Chapter 4, sections 4.201 and 4.202 of our City code based upon the new LMC model ordinance and recommendations of City staff. This ordinance was last amended in 1.992. The proposed changes to the ordinance were presented to the City Council at the March 1 S` 2010 work session and at the first reading on March 22°d, 2010. At the March. 22°~ first reading. a question was raised on article (J} -Registration of Tree Care Firms. The source ofthis is statutory; a copy of Minnesota 2009 13G.07 is attached. The ordinance language, as recommended by the League of Minnesota Cities, has been developed from this state statute. It should be clarified that this requirement is for companies or individuals. ar hire, it does not apply to property owners who are performing the work themselves. Recommended Motion: Move to waive the reading of Ordinance 1579, there being ample copies available to the public. Recommended Motion: Move to adopt Ordinance 1579, being an Ordinance amending Ordinance 1490, City Code of 2005, Chapter 4, Article II, Sections 4.201 and 4.202. COUNCIL ACTIONS 93 ORDINANCE NO. 1579 BEING AN ORDINANCE AMENDING ORDINANCE 1490, CITY CODE OF 2005, CHAPTER 4, ARTICLE H, SECTIONS 4.201 AND 4.202. The City of Columbia Heights does ordain: Chapter 4 -Municipal Services of the City Code shall be amended as follows: CHAPTER 4: MUNICIPAL SERVICES -Article IL TREE AND WEED SERVICES § 4.201 REMOVAL OF DISEASED, DEAD OR HAZARDOUS TREES Add the following sections A through. D (A) Declaration of Policy. The health of the trees in the city is threatened by shade tree pests, and the loss or ill health of trees growing upon public and private property substantially depreciates the value of property within the city and impairs the safety, good order, general welfare and convenience of the public. In addition to and in accordance with Minn. Stat.§§ 89.001, 89.01, and 89.51-64, the provisions of this section are adopted as an effort to control and prevent the spread of these shade ti°ee pests. (B} Declaration of Shade Tree Pest. The Council may by ordinance declare any vertebrate or invertebrate animal, plant pathogen, or plant m the community threatening to cause significant damage to a shade tree or community forest, as defined by Minn. Stat. § 89.001.. to be a shade tree pest and prescribe control measures to effectively eradicate, control, or manage the shade tree pest, including necessary timelines for action. (C} Tree Inspector. The Council may appoint a Forester and or tree inspector to coordinate the activities of the city relating to the control and prevention of damage by shade tree pests. The forester and or tree inspector will recommend to the Council the details of any program for the declaration, control, and prevention of shade tree pests. The forester and or tree inspector is authorized to enforce or cause to be enforced the tasks incident to such a program adopted by the Council. The term `"tree inspector'" includes person designated by the Council or the forester to carry out the activities authorized in this section. (D} Public Nuisances Declared. The following are public nuisances whenever they may be found within the City. Amend section A to read section E. Add item (3) under Section E as follows: (E) The Forester or his official representative has the authority to enter onto private property for inspection purposes. The Forester shall inspect all premises and places, both public and private, within the city for the presence of any of the below- described conditions: (3) Any living or dead ash (Fraxinus spp.} tree or part thereof infected to any degree with the insect Emerald Ash Borer, Agrilus planipennis Fairmaire (Coleoptera: Buprestidae). 94 Amend item (5) under Section E to read: (5) Any diseased dead tree or part thereof, including limbs, branches, stumps, firewood, or other oak, elm, ash or wooden material which has not been removed and burned or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of communicable disease or insect infestation. Remove Section B. Add Sections F through Q. (F) It is unlawful for any person to permit any public nuisance as defined in this Subdivision on any premises owned or controlled by him within the City. Such nuisances shall be abated in the manner prescribed by this Section. (G} Inspections and Application of Control Measures. (1) The Forester or his official representative may enter upon private premises at reasonable times and reasonable hours for the purpose of carrying out any of the duties assigned to them under this chapter. (2) A11 premises and places within the city shall be inspected as often as practicable to determine whether any condition declared in 4.201 to be a public nuisance, exists thereon. All reported incidents of infection by Dutch elm fungus, the presence of elm bark beetles, of mfect~on by the oak .vtlt fung'as or tl.e presence of Emerald Ash Bore shall be promptly investigated. Diagnosis may be by the presence of commonly recognized symptoms; by tests as may be recommended by the commissioner of the Minnesota Department of Agriculture or the commissioner of the Minnesota Department of Natural Resources, or other reliable means. (3) No person, arm, or corporation shall interfere with the tree inspector or with anyone eating under the tree inspector's ai.;thority `~~hile engaged in activities authorized by this section. (H} Abatement of Shade Tree Pest Nuisances. In abating a nuisance, defined by ordinance under section 4.201, subdivision 4, the organism, condition, plant, tree, wood, or material identified as injurious to the health of shade trees shall be removed or effectively treated so as to destroy and prevent as fully as possible the spread of the shade tree pest. Such abatement procedures shall be carried out in accordance with the control measures and areas prescribed by subdivision 9. (1) Reporting Discovery of Shade Tree Pest. Any owner or occupier of land or any person engaged in tree trimming or removal who becomes aware of the existence of a public nuisance caused by a shade tree pest as defined under subdivision 4, shall report the same to the city. (J) Registration of Tree Care Firms. Any person, firm, or corporation that provides tree care, tree trimming, or removal of trees, limbs, branches, brush, or shrubs for hire must be registered. with the Minnesota. commissioner of Agriculture under Minn. Stet. § 18G.07. 95 (K) Standard Abatement Procedure. Except as provided in subdivisions I 1 and l2, whenever a tree inspector determines with reasonable certainty that a public nuisance, as described by this ordinance is being maintained or exists on premises in the city, the tree inspector is authorized to abate a public nuisance according to the procedures in this subdivision. (1) The Forester will notify in writing the owner of record or occupant of the premises and physically mark that a public nuisance exists and order that the nuisance be terminated or abated. The notice may be given in person or by mail. Failure of any party to receive the mail does not invalidate the service of the notice. A copy of the notice shall. be filed with the city clerk. (2) The notification shall require abatement of such condition within 20 days from the date of the mailing of the notice. (3} Abatement procedures shall be carried out in accordance with the current technical and expert methods and plans as may be designated by the Commissioner of Agriculture of the State of Minnesota or by the Commissioner of Natural Resources of the State of Minnesota. (1) The notice of abatement shall state that unless the public nuisance is abated by the owner, it will be abated by the city at the expense of the owner. The notice shah specify the control measures to be taken to abate the nuisance, and provide a reasonable amount of time to abate the nuisance. The notice will also state that the owner has the right to appeal the determination that a public n~u~sance exists by subm.tt.ng a request m .vr.tmg to the city clerk prior to the expiration of the date by which the nuisance must be abated as set forth in the notice. (2) If no timely appeal is submitted, and the control measures prescribed in the natice of abatement are not complied with within the time provided by the natice or any additional time granted, the Forester or designated person shall have the authority to obtain permission or an administrative search warrant, enter the property, and carry out abatement in accordance with the Holies of abatement. (L) High-cost Abatement. If the tree inspector determines that the cost of abating a nuisance will exceed $5,000 based on a reasonable, good faith estimate, the written notice referred to in subdivision 9 must provide that if the nuisance is not abated within the reasonable amount of time provided, the matter will be referred to the City Council for a hearing. The date, time, and location of the hearing must be provided in the notice. (M) Appeal Procedure. Ifthe city clerk receives a written request for a hearing on the question of whether a public nuisance exists, prior to the expiration of the date by which the nuisance must be abated as set forth. in the notice, the City Council shall hold a hearing. At least three (3) days notice of the hearing shall be given to the individual who made the written request for the hearing. The Council may modify the abatement notice or extend the time by which abatement must be completed. Each owner, agent of the owner, occupant, and lien holder of the subject property of properties in attendance, if any, shall be given the opportunity to present evidence at the hearing. After holding the hearing, The City Council may issue and order requiring abatement of the nuisance. 96 (N) Abatement Procedure in Event of Imminent Danger. (1 } If the tree inspector determines that the danger of infestation to other shade trees is imminent, and delay in control measures may put public health, safety, or welfare in immediate danger, the tree inspector may provide for abatement without following subdivision 9 or 10. The tree inspector must reasonably attempt to notify the owner or occupant of the affected property of the intended action and the right to appeal the abatement and any cost recovery at the next regularly scheduled City Council meeting, (2} Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. (O) Recovery of Cost of Abatement; Liability and Assessment. (1} The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the city clerk or other official shall prepare a bill for the cost and. mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the city clerk. (2} After notice and hearing, as provided in Minn. Stat. § 429.061 (which may be .~a~-can A~ {ern ti a to ti p\ //++ tee r1arU h~tl /~ r afnra L'arv 1 next fv jncarinre tL111V11dV11 11Vm t1mV tV tlmef, the V~.t~' VtVlll stlttt t, on. of bVI Vt V VVa./t. 1V VV ~tt£,. abatement of the nuisance, list the total unpaid charges as well as other charges for current services to be assessed under Minn. Stat. § 429.101 against each separate lot or parcel to which the charges are attributable. The city council may then certify the charges against the property to the county auditor for collection along with current taxes the fallowing year ar in annual installments as the city may determine in each case. (P) Penalt,~. (1) Any person, firm, or corporation that violates any provision of this section shall, upon conviction, be guilty of a misdemeanor. The penalty, which may be imposed far any crime that is a misdemeanor under this section, including Minnesota Statutes specifically adopted by reference, shall be a sentence of not more than 90 days, or a fine of not more than $1,000 or both. (2) Upon conviction. of a misdemeanor, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation. occurs or continues. (3) The failure of any officer or employee of the city to perform any official duty imposed by this section shall not subject the officer or employee to the penalty imposed for a violation. (4) In addition to any penalties provided for in this section, if any person, firm, or corporation fails to comply with any provision of this section, the City Council or any official designated by it may institute appropriate proceedings at law or equity to restrain, correct, or abate the violation. 97 (Q} Severability. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof other than the part held invalid. CHAPTER 4: MUNICIPAL SERVICES -Article II. TREE AND WEED SERVICES 4.202 DISEASE CONTROL, PLANTING AND ROUTINE REMOVAL Amend Section A to read as follows: (A) Whenever the Forester determines that any tree or wood within the city is infected with disease, he may use appropriate disease control methods on all the nearby high value trees, in accordance with methods and procedures prescribed by the Commissioner of Agriculture of the State of Minnesota or the Commissioner of Natural Resources of the State of Minnesota. Notice shall be provided under this section in the manner prescribed for abatement. Remove Item (2} under Section (C} (2} No boulevard trees shall be planted n-Measuring less than t~vo and one-half inches in diameter of trunk one foot above the ground. R"„eorn~sAr '.te'.?1s (t 1 t4;rE,e~µrah (~l t~ read itemc~ (1 i tl-;rniioh (F,}~ Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. Firsts Reading: March 22, 2010 Second Reading: April 12, 2010 Dated of Passage: Offered bv: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 98 18G.07, 2009 Mim~esota Statutes Page I of l 2009 Minnesota Statutes 18G.07 TREE CARE AND TREE TRIMMING COMPANY REGISTRY. Subdivision 1. Creation of registry. The commissioner shall maintain a list of all persons and companies that provide tree care or tree trimming services in Minnesota. Ali tree care providers, tree t1•imrners, and persons who remove trees, limbs, branches, brush, or shrubs for hire must provide the following information to the commissioner: (1) accurate and up-to-date business name, address, and telephone number; (2) a complete list of all Minnesota counties in which they work; and (3) a complete list of persons in the business who are certified by the International Society of Arborists. Subd. 2. Information dissemination. The commissioner shall provide registered tree care companies with information and data regardilig any existing or potential regulated forest pest infestations Wlthm the State. 99 httr}s:/Iwww.~•evisc~l-.~-r~n.s~«v/statutes/7i~1=i RC'T n7 ~ i~~~n1 n COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: April 12, 2010 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: First Reading Ord. 1590 BY: Patty Muscovitz BY: `'~' ~ '' %° Change Primary Date DATE: April 5, 2010 DATE: NO: Background: On March 3, 201.0, Governor Pawlenty signed Senate File 2251 in to law. The bill moves up the date of Minnesota's primary election to the second Tuesday in August in order to ensure that military and overseas voters wilt have adequate time to receive and return absentee ballots for the general election in November. Our City Code currently indicates that the primary election date shall be held on the first Tuesday after the second Monday in September of any year in which a municipal general election is to be held. Recommendation: To correct this language to meet the new state law, it is recommended to read: The primary election date shall be held on the date established by Minnesota state law. Recommended Motion: Move to waive the reading of Ordinance No. 1590, there being ample copies available to the pubirc. Recommended Motion: Move to adopt Ordinance 1590, being an Ordinance amending Ordinance No. 1490 City Code of 2005 relating to the date change of the State Primary Election. COUNCIL ACTION: 100 ORDINANCE NO. 1590 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, REGARDING ESTABLISHED DATE FOR THE PRIMARY ELECTION The City of Columbia Heights does ordain: Chapter 2, Article I, Section 2.2101 of the Columbia Heights City Code, which currently reads as follows: 2.101 ELECTIONS (A} The municipal election day for the city shall be the first Tuesday after the first Monday in November of every even-numbered year. (B} Persons who are elected to municipal offices on that date shall assume the duties at the time of the first regularly scheduled Council meeting in January following a regular municipal election. (C} The four-year term of office for Council members shall be staggered so that the offices of no more than two Council members will be on the ballot for each municipal election. Provided, however, that if a vacancy exists on the council, the city shall forthwith appoint an eligible person to fill the same until the next regular municipal election, when the office shall be filled for tl7e unexpired term, and that such office may be on the ballot in addition to the two offices provided for herein. (D} The primary election date shalt be held on the first Tuesday after the second Monday in September of any year in which a municipal general election is to be held. is hereby amended to read. as follows: 2.101 ELECTIONS (E} The municipal election day for the city shall be the first Tuesday after the first Monday in November of every even-numbered year. (F} Persons who are elected to municipal offices on that date shall assume the duties at the time of the first regularly scheduled Council meeting in January following a regular municipal election. (G} The four-year term ofoffice for Council members shall be staggered. so that the offices of no more than two Council members will be on the ballot for each municipal election. Provided, however, that ifa vacancy exists on the council, the city shall forthwith appoint an eligible person to fill the same until ±he next regular m~.;nicipal election, tivhen the office shall be filled for the unexpired term, and that such office maybe on the ballot in addition to the two offices provided for herein. (H} The primary election date shall be held on the date established by Mimlesota State law. This Ordinance shall be in full force and effect from and after thirty (30} days after its passage. First Reading: April 12, 2010 Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 101