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HomeMy WebLinkAbout01/10/2011 Regular CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 590 40 Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Counci!,nembers Visit our website at: www .ci.coluntbia- heiglrts.mn.u.s Robert A. Williams Bruce Nmvrocki Tarnmera Diehm Bruce Kelzenberg City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, January 10, 2011 at Murzyn Hall, 530 Mill Street, Columbia Heights, MN. The City o f C olurnbia Heigh is do es no t discri urinate o n th e basis of disability in th e ad mission o r access to, or treatment or employment in, its sery ices, programs, or activities. Upo n request, accommodation will be provided to allow ind ividuals with d isabilities to p articipate in all Cit y o f Co lumbia Heights' sery ices, prog rams, an d activ ities. Auxiliary aids for disabled persons are available upon request when the request is made at least 9 6 hours in advance. Please call the City Clerk at 763 - 706 -3611, to make arrangements. (TDD /706 -3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Senior Pastor Paul Widen, Oak Hill Baptist Church 2. OATH OF OFFICE/PLEDGE OF ALLEGIANCE Oath of Office — Council member Donna Schmitt, Council member Tami Diehm, Mayor Gary Peterson 3. ADDITIONS /DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, 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 motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve minutes of the City Council meeting p6 MOTION: Move to approve the minutes of the December 13, 2010 City Council meeting. B. Accept minutes of Boards and Commissions p22 MOTION: Move to accept the minutes of the December 9, 2010 Telecommunications Commission meeting. MOTION: Move to accept the minutes of the January 4, 2011 Planning and Zoning Commission meeting. p26 MOTION: Move to accept the minutes of the December 1, 2010 Library Board meeting. p41 C. Approve appointment of members to the EDA and HRA p43 MOTION: Move to approve the Mayor's appointment of Gary Peterson, Tami Diehm, and Donna Schmitt to the vacant HRA positions. MOTION: Move to approve the Mayor's appointment of Gary Peterson, Tami Diehm, and Donna Schmitt to the vacant EDA positions. 3 City Council Agenda Monday, January 10, 2011 Page 2 of 3 D. Approve appointment to the Traffic Commission p44 MOTION: Move to appoint Leonard Olson to the Traffic Commission for the vacant term to expire April 2012. E. Designating an Official Newspaper for 2011 p47 MOTION: Move to designate Sun Focus News as the official City newspaper for 2011 and to authorize the Mayor and City Manager to enter into an agreement with Sun Focus News for required publications. F. Designate Official Depositories for the City of Columbia Heights p49 MOTION: Move to waive the reading of Resolution 2011 -001, there being ample copies available to the public. MOTION: Move to adopt Resolution 2011 -001, being a resolution designating official depositories for the City of Columbia Heights. G. Accept Certain Donations Received by the City of Columbia Heights p52 MOTION: Move to waive the reading of Resolution 2011 -002, there being ample copies available to the public. MOTION: Move to adopt Resolution 2011 -002, being a resolution to accept certain donations received by the City of Columbia Heights. H. 1st Reading Ordinance 1587, being an Ordinance authorizing to convey certain real estate p54 MOTION: Move to waive the reading of Ordinance 1587, there being ample copies available to the public. MOTION: Move to establish the second reading of Ordinance 1587, to convey certain real estate, for Monday, January 24, 2011 at approximately 7:00 p.m. in the City Council Chambers. I. Approval of the attached list of rental housing licenses. p61 MOTION: Move to approve the items listed for rental housing license applications for January 10, 2011 in that they have met the requirements of the Property Maintenance Code. J. Approve Business License Applications p73 MOTION: Move to approve the items as listed on the business license agenda for January 10, 2011 as presented. K. Approve payment of the bills p75 MOTION: Move to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 137345 through 137715 in the amount of $1,212,884.21. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC BEARINGS - none 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. 1st Reading of Ordinance 1588, being a Zoning Amendment as it Relates to Driveways. p8'7 MOTION: Move to waive the reading of Ordinance No. 1588, there being ample copies available to the public. 4 City Council Agenda Monday, January 10, 2011 Page 3 of 3 MOTION: Move to set the second reading of Ordinance No. 1588, for Monday, January 24, 2011, at approximately 7:00 p.m. in the City Council Chambers. 2. 1st Reading of Ordinance 1589, being a Zoning Amendment as it Relates to Fences. p93 MOTION: Move to waive the reading of Ordinance No. 1589, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1589, for Monday, January 24, 2011, at approximately 7:00 p.m. in the City Council Chambers. B. Bid Considerations - none C. New Business and Reports Appoint Council President and approve Council /Staff Liaison Assignments p104 MOTION: Move to appoint as the 2011 Council President. MOTION: Move to approve the recommended 2011 Council /Staff Liaison assignments. 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his /her name and address for the record. 10. ADJOURNMENT A /rl Walt r R. Fehst, City Manager WF /pvm 5 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, DECEMBER 13, 2010 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, December 13, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Bob Lyndes, Crest View Lutheran Homes, gave the Invocation Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution 2010 -139, in that the property has been brought into compliance. There was a correction to the recommended motion of item Q to Master Mechanical. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. EDS Builders - CMA Award - presented to the City of Columbia Heights and Walt Fehst, City Manager Doc Smith, EDS Builders, stated that in October he went with Mayor Peterson and Dave Olds (architect) to California to receive an award for the construction of our Public Safety building. He stated how very special it was to receive this award. It was accomplished because everyone was willing to work as a team to make this the best building in the country in 2009. He presented a plaque to the Mayor for the City and to Walt Fehst, City Manager. Nawrocki stated that the building turned out very nice, but was built bigger than originally intended. He did indicate that Mr. Smith did create savings on the project, but the savings were used elsewhere on the project. Smith indicated that about $30 to $40 a square foot was saved in construction. Fehst indicated how well he was kept informed during this project and was the best project he has ever been associated with. Smith indicated that the beauty of the building is because of the craftsmanship. Police Chief Nadeau indicated he is bias as a tenant of the building, but it was not over built; it was built to service the community. He complimented Smith and the contractors. Williams ask Fire Chief Gorman to comment. Gorman stated the building is built for the future and recent national articles talk about trends that we have incorporated into this building. As a resident, he stated his pride in the building. Williams stated that as a "do- nothing" council, we have accomplished a lot. He asked how long it will be around. Smith stated possibly 100 years. Williams commented that we should be celebrating this accomplishment. He indicated that crime is reduced because we have a good Chief and pride in the building. Peterson stated our pride in this building and indicated he was willing to show anyone the old offices. CONSENT AGENDA Nawrocki requested to remove items D, E, F, K, L, N, 0, and P for discussion and to add discussion of the city newsletter and the city lunch held last week. 6 City Council Minutes Monday, December 13, 2010 Page 2 of 16 City Manager Walt Fehst took Council members through the consent agenda items. A. Approve minutes of the City Council meetings Motion to approve the minutes of the November 22, 2010 City Council meeting. Motion to approve the minutes of the December 6, 2010 Zone 5 seal coat improvement hearing. Motion: Move to approve the minutes of the December 6, 2010 Zone 6 street rehab improvement hearing. B. Accept minutes of Boards and Commissions Motion to accept the minutes of the Library Board of November 3, 2010. C. Approve 2011 Work Session calendar Motion to accept the 2011 Work Session calendar as proposed. D. Award bid for Council Chamber Technology Replacement - removed E. Establish John P. Murzyn Hall rental rates for 2012 — removed F. Adopt Resolution 2010 -138, being a Resolution to document certain Fund Balance designations and related policies. - removed G. Adopt Resolution 2010 -130, regarding the Labor Agreement between the City of Columbia Heights and the International Association of Firefighters, effective January 1, 2010- December 31, 2012. Motion to waive the reading of Resolution 2010 -130, there being ample copies available to the public. Motion to adopt Resolution 2010 -130, regarding the Labor Agreement between the City of Columbia Heights and the International Association of Firefighters, effective January 1, 2010 - December 31, 2012. H. Adopt Resolution No. 2010 -134, being a Resolution for Salary and Fringe Benefit Adjustment for Non -Union Supervisory Employees for 2011 -2012 Motion to waive the reading of Resolution 2010 -134, there being ample copies available to the public. Motion to adopt Resolution 2010 -134, adopting changes in non -union group salary ranges, and establishing salaries and changes in fringe benefits for non - unionized City supervisory positions for calendar years 2011 and 2012. I. Adopt Resolution 2010 -135. being a Resolution on Salary and Fringe Benefit Adjustment for Non -Union Essential and Confidential Employees for 2011 -2012 Motion to waive the reading of Resolution 2010 -135, there being ample copies available to the public. Motion to adopt Resolution 2010 -135, adopting changes in non - union group salary ranges, and establishing salaries and changes in fringe benefits for non - unionized essential and confidential City positions for calendar years 2011 and 2012. 7 City Council Minutes Monday, December 13, 2010 Page 3 of 16 J. Adopt Resolution 2010 -136, being a Resolution regarding the Memorandum of Understanding Between the City of Columbia Heights and the Public Managers' Association Effective January 1, 2011 - December 31, 2012. Motion to waive the reading of Resolution 2010 -136, there being ample copies available to the public. Motion to adopt Resolution 2010 -136 regarding the Memorandum of Understanding between the City of Columbia Heights and the Public Managers' Association effective January 1, 2011 - December 31, 2012. K. Adopt Resolution 2010 -137, being a Resolution regarding the City Manager's Compensation and Benefits - removed L. Authorize Mayor and City Manager to Enter Into Agreement for Towing Contractor - removed M. Approve Transfer of Funds from General Fund to Police Dept Budget re JAG I Grant Overtime Reimbursement, and Unique Thrift and CHHS Overtime Motion to transfer $5,822.15, the amount of money received from Anoka County as reimbursement for overtime under the JAG I grant for the third quarter of 2010; and $2,220.00, the amount of money received from Unique Thrift for overtime details during October; and $1,225.63, the amount of money received from Independent School District 13 for overtime details worked at CHHS during October be moved from the General Fund to the Police Department 2010 Budget, Overtime line item. N. Adopt Resolution 2010 -142, being a Resolution approving Plans and Specifications and ordering Advertisement for Bids for the 2011 Street Rehabilitation Project - removed O. Adopt Resolution 2010 -143, being a Resolution declaring the Intent to Bond for Zone 6 Street Rehabilitation Project, City Project 1102 - removed P. Adopt Resolution 2010 -144, being a Resolution requesting MSAS Construction Funds for Other Local Transportation Uses - removed Q. Accept bid and award contract for Municipal Service Center Building Lower Level Radiant Heating Motion to accept the bids and award a contract to Infrared Heating in the amount of $33,285; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. R. Approval of the attached list of rental housing licenses. Motion to approve the items listed for rental housing license applications for May 10, 2010 in that they have met the requirements of the Property Maintenance Code. S. Approve Business License Applications Motion to approve the items as listed on the business license agenda for December 13, 2010 as presented. T. 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 137082 through 137344 in the amount of $6,293,303.06. 8 City Council Minutes Monday, December 13, 2010 Page 4 of 16 Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items with the exception of items D, E, F, K, L, N, 0, and P. Upon vote: All ayes. Motion carried. D. Award bid for Council Chamber Technology Replacement Peterson stated that the bid to get our audio /video broadcast back on the air came in under the estimated cost. Nawrocki expressed regrets that the Cable Commission was not involved in this matter until last week to review the contract. They should have been used early on in the development. Peterson stated that we hired a consultant for their expertise. Motion by Kelzenberg, second by Williams, to award the bid for Council Chamber Technology Replacement to Video Services Inc. (VSI) based upon their low, qualified, responsible bid in the amount of $138,141.75 and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: All ayes. Motion carried. E. Establish John P. Murzyn Hall rental rates for 2012 Peterson stated that Murzyn Hall rates will increase five percent. Keith Windschitl, Recreation Director, stated that the Park Board has recommended this increase for 2012. There was no increase in 2010 or 2011. The resident discount is still 25 percent. The increase is only for use of the main hall, bar and kitchen. Motion by Kelzenberg, second by Williams, to adopt the 2012 John P. Murzyn Hall rental rates, as outlined by the Park and Recreation Commission at their meeting of November 17, 2010. Nawrocki stated that he asked for comparable rates of other facilities. He stated that we raise the rates, but the overall revenue has not increased significantly. Peterson indicated that a lot of the fees that could be charged are waived or reduced for residents or non - profit groups. Upon vote: All ayes. Motion carried. F. Adopt Resolution 2010 -138, being a Resolution to document certain Fund Balance designations and related policies. Bill Elrite, Finance Director, stated this is to comply with governmental accounting standards on the definition of funds and have the Council confirm that. It does not change how we account and only puts it into resolution form. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2010 -138, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2010 -138 being a resolution documenting certain fund balance designations and related policies. Nawrocki stated he wants to know how documents the Council receives will be different. Elrite stated the Council would be officially affirming by resolution what we are currently doing. Nawrocki questioned item #6 regarding unrestricted fund balances. Elrite stated that if a fund balance has not been specifically designated, it would fall to the City Manager's discretion. Nawrocki stated that it should come to the City Council. Elrite stated that the budget would still need to be approved by the City Council. 9 City Council Minutes Monday, December 13, 2010 Page 5 of 16 Motion to amend by Nawrocki that the Council would have to approve item #6. Peterson called for a second to the motion. Motion died for lack of a second. Joe Kloiber, Assistant Finance Director, stated that items falling between the Last Council meeting and the end of the year would need a title and GASBY came up with this so someone would have the authority to do so. It is only for unforeseen circumstances. Upon vote of the original motion: All ayes. Motion carried. K. Adopt Resolution 2010 -137, being a Resolution regarding the City Manager's Compensation and Benefits Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2010 -137, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2010 -137, being a resolution regarding the City Manager's compensation and benefits. Nawrocki stated that as part of the agreement with the City Manager, there would be an annual performance review. Part of the salary was to be discretionary based on the performance review. Peterson stated that the review is to be scheduled for April. Nawrocki stated that the pay adjustment for 2011 does not match the budget book or the LMC amount. Fehst stated this reference was for deferred compensation and was never intended to be temporary. Fehst strongly disagreed with Council member Nawrocki and referred to the compensation he receives. Nawrocki indicated that this shows the questionable competency of the City Manager. Kelzenberg has called for the question. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. L. Authorize Mayor and City Manager to Enter Into Agreement for Towing Contractor Chief Nadeau stated that in the June 2010 bid, Schmidt Towing was the successful bidder. Since that time we discovered a vehicle was dropped during a tow, which breaks the chain of custody. We expressed our concerns and met with them. We were assured it would not happen again. Subsequent to that another vehicle was abandoned. We discussed this with the City Attorney and notified the company that we would exercise our right to end the towing contract. This request is for the bid to go to the next lowest bidder, which was our previous towing company. There were no problems with that company. Motion by Kelzenberg, second by Diehm, to authorize the Mayor and City Manager to enter into an agreement with Jeff's Bobby and Steve's AutoWorld for towing, impounding and storage of motor vehicles as specified in the City's Request and set forth in AutoWorld's response to the City's Request. The term of this contract is to be March 2, 2011 through July 31, 2012, unless terminated sooner pursuant to the termination provision. Nawrocki commented on vehicle liability. Nadeau stated that evidence issues were a concern and we have a reputation to assure that vehicles are taken to a safe area. Jim Hoeft, City Attorney, spoke to the importance of the chain of custody regarding evidence. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 10 City Council Minutes Monday, December 13, 2010 Page 6 of 16 ayes — 1 abstention. Motion carried. N. Adopt Resolution 2010 -142, being a Resolution approving Plans and Specifications and ordering Advertisement for Bids for the 2011 Street Rehabilitation Project Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2010 -142, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution 2010 -142, being a Resolution approving Plans and Specifications and ordering Advertisement for Bids for 2011 Street Rehabilitation Project, Zone 6, City Project Number 1102. Nawrocki stated he voted against this project based on concerns of residents and the economic needs of the community. There have been 13 foreclosures in this area in the last four years. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. O. Adopt Resolution 2010 -143, being a Resolution declaring the Intent to Bond for Zone 6 Street Rehabilitation Project, City Project 1102 Motion to waive the reading of Resolution 2010 -143, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2010 -143, being a Resolution approving the declaration for the official intent of the City of Columbia Heights to bond for Zone 6 Street Rehabilitation Project, City Project 1102. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. P. Adopt Resolution 2010 -144, being a Resolution requesting MSAS Construction Funds for Other Local Transportation Uses Motion by Kelzenberg, second by Williams to waive the reading of Resolution No. 2010 -144, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams to adopt Resolution No. 2010 -144, being a Resolution requesting Municipal State Aid System construction funds for other local transportation uses. Nawrocki asked if this money would be used on 6 Street and 4 Street. Kevin Hansen, Public Works Director, stated it would be for Zone 6 only. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolution 2010 -139, 940 39th Avenue N.E., 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. - removed B. Adopt Resolution 2010 -141, 1037 Gould Avenue N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Heights. Fire Chief Gary Gorman indicated the reasons for request of abatement approval. The property 11 City Council Minutes Monday, December 13, 2010 Page 7 of 16 has been vacant and is on the list of abandoned properties. Motion to close the public hearing and to waive the reading of Resolution Number 2010 -141 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution Number 2010 -141 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution 2010 -131 being a Resolution adopting a budget for the year 2011, setting the City Levy and approving the HRA Levy. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2010 -131, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2010 -131, being a Resolution adopting a budget for the year 2011, setting the City Levy, and approving the HRA Levy. Nawrocki stated that he opposed the budget as originally presented. It was then cut approximately in half, but expenditures were not decreased. Most communities are trying to reduce and recognize the loss of jobs and income. Over 13 percent of our homes have gone tax forfeit. Nawrocki stated that he had proposed $200,000 to $300,000 in changes at a previous meeting. He indicated disappointment that the budget allows for travel and meals for city personnel in and out of the state but not for Council members. One exception this year should be for expenditures for Council meals for city business. Expenditures are not allowed for city business, but are allowed for social gatherings. He indicated that our new Council member should be allowed to attend League meetings and other meetings dealing with items of interest. Motion to amend by Nawrocki to add to the budget the amount allowed for travel for council members and meals for meetings dealing with city business, between $2,000 and $3,000. Diehm stated that it was her motion last year to remove that item. This was to show that we can start cut backs with ourselves. We want to be sure staff attends training, but as part time council members we should not expect to get reimbursed for our mileage. As for the incoming member, it was part of her platform to serve for less. She stated that she saw no reason to change and strongly opposed the amendment. Peterson called for a second to the motion. Motion died for lack of a second. Nawrocki presented his check for $15 for the city holiday lunch to the Finance Director. He stated that if individual council members pay for meetings, they should also pay for social gatherings. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. B. Bid Considerations Residential Water Meter Battery Replacement Program and Commercial Meter Replacement Program 12 City Council Minutes Monday, December 13, 2010 Page 8 of 16 Kevin Hansen, Public Works Director, indicated that ten years ago we went to a radio read meter system. The batteries were estimated to last seven years and we are past that. We also need to finish the infiltration program in a small part of the city, which could be done at the same time. Based on bids received, we recommend R &R Services. We are also asking to replace 382 commercial meters that are inaccurate because of their age and request authorization to prepare plans and specs and to go out for bids. About 80 of the commercial meters are the larger, more expensive type. Nawrocki stated he thought this would approve the commercial meter bids. Hansen explained the bids received were for residential water meter batteries. Motion by Williams, second by Kelzenberg, to authorize the purchase of approximately 5,500 water meter batteries from HD Supply in the amount of $94,600; and to accept the proposal and approve a contract with SL -Serco of St. Anthony, Minnesota for the installation of City provided water meter batteries citywide in the amount of $132,000; and $7,050 for approximately 2,350 SPDP inspections. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to order the Advertisement for Bids for the Commercial Meter Replacement and Installation Program, City Project Number 1105. Upon vote: All ayes. Motion carried. C. New Business and Reports - none Nawrocki requested that the Spring newsletter recruit residents for Board and Commission appointments and that members with terms to expire be sent a letter to see if they are interested in being reappointed. He requested that the newsletter be approved by Council members prior to printing, allowing enough time for comment and review before printing. Peterson stated that articles must be submitted in a timely manner. The newsletter will be delivered March 2. Nawrocki gave the history on beginning the newsletter for City Council members to dispense information to the public. Somewhere along the line the Council has lost input into the newsletter. Peterson stated that individual Council members can not add or delete information on their whim. Changes should be by consensus of the Council. Fehst stated that Council members will receive a draft of the newsletter for their review. Nawrocki asked why the other union contracts were not included for approval. Fehst stated that we do not have them yet. Nawrocki stated that he attended the last County meeting. Information included dropping the light rail transportation from St. Cloud to Big Lake. Ridership has not lived up to their expectations. Nawrocki stated that he attended the Immaculate Conception DARE graduation and that our police do a good job with this program. He encouraged attendance at the December 22 Valley View DARE graduation. ADMINISTRATIVE REPORTS Report of the City Manager Fehst wished everyone a Merry Christmas and a Happy New Year. Fehst stated that he will miss working with Council member Kelzenberg and wished him luck. Report of the City Attorney 13 City Council Minutes Monday, December 13, 2010 Page 9 of 16 Hoeft wished everyone a Merry Christmas and a Happy New Year. Hoeft stated that he will miss working with Council member Kelzenberg and wished him luck. CITIZENS FORUM Mary Miller, 720 38 Avenue, expressed concern that her neighbors are lodging complaints against her to the City. She passed out pictures of her fence, which has been there since 1996. She stated that she did not know there was an ordinance to have her fence facing out. The Planning Department has given her until June to replace the fence. The only part of the fence that is visible is on the alley side. Miller requested a special permit. Peterson stated he would like to visit the site and address this at a later meeting. Nawrocki questioned if the contractor took out a permit for this fence. Fehst stated that we used to issue permits for fences, but no longer do so. Michelle Ferreira, 4422 Central Avenue, thanked the City for the great job of clearing snow from our streets. She stated that she watches people struggle while walking the Central Avenue corridor. She questioned if the City could clear the sidewalks, especially from Target to 37 Avenue. Fehst indicated that we have begun removing snow from the right -of -ways and is aware that people are endangering themselves by walking in the streets. Hansen stated that we do not remove snow from Central Avenue, but we will remove snow tonight from 3:00 to 4:00 a.m. between 37 to 43 Avenues. We do not have the resources to shovel snow off those sidewalks. Owners are required, by ordinance, to remove that snow. We also do some intersections where visibility is compromised and contact the transit company to remove snow from their areas. Hansen complimented our crews on the job they did. Crews will be diverted this week to continue snow removal. She again indicated her compliments, but indicated concern for residents on Central Avenue. Fehst stated that where commercial owners are responsible for clearing snow, we will notify them. It would then be charged to their taxes. Nawrocki commended City crews on the job they did during this snow storm. They did a good job of making the city passable. He stated that in Minneapolis, where they only took one pass, people were getting stuck. He reminded Ferreira that Central Avenue from 45 to 53 Avenue is the City of Hilltop. We need to notify the owner at the corner of 44 and Central Avenues to remove the sidewalk snow. Peterson indicated that Patty Muscovitz, City Clerk, has been voted by her peers to be Employee of the Year. She received a round of applause. Peterson stated that this is Council member Kelzenberg's last meeting. He stated his pleasure working with him for the last eight years. We will miss his humor and wish him well. Kelzenberg stated that it has been a pleasure serving the citizens of Columbia Heights. We have accomplished a lot over the last eight years. Peterson wished everyone a Happy Holiday and asked them to appreciate our service men and women even more as they are away from their families at this time. He stated "Don't take ourselves too seriously and to do a random act of kindness - Merry Christmas and Happy New Year." ADJOURNMENT Mayor Peterson adjourned the meeting at 8:45 p.m. 14 City Council Minutes Monday, December 13, 2010 Page 10 of 16 Patricia Muscovitz CMC City Clerk RESOLUTION NO. 2010-138 CERTAIN FUND BALANCE DESIGNATIONS AND RELATED POLICIES WHEREAS, the City of Columbia Heights reports its financial information under standards issued by the Governmental Accounting Standards Board (GASB); and WHEREAS, the implementation by the City of the recently issued GASB reporting standard identified as Statement 54 requires classifying the City's existing fund balance designations into the new fund balance classifications contained in the standard and documenting certain related policies; and WHEREAS, documenting herein the City's existing fund balance designations and related policies will simplify and increase the efficiency, with which the City implements the new reporting standard, BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that: I. The City of Columbia Heights's December 31, 2010, governmental fund balances are designated for the purposes listed in the attached Exhibit A, to the extent that they are in spendable form and their use is not restricted by external parties. 2. When the City of Columbia Heights' has both restricted and unrestricted resources available for an expenditure, the restricted resources are applied first and unrestricted are applied to any remainder. 3. BE IT HEREBY FUTHER RESOLVED by the City Council of the City Of Columbia Heights, that upon implementation of the fund balance classifications in Governmental Accounting Standards Board Statement 54: 4. The term "designated" will be replaced with the "committed" when applying above item 1. 5. When the City of Columbia Heights' applies unrestricted resources to an expenditure, the unrestricted resources are applied in the following order; committed funds first, assigned funds second, and unassigned funds last, to the extent that amounts are available in each of these unrestricted classifications. 6. The portion of fund balance in the City's General Fund applicable to the minimum fund balance goals established for the working capital purposes by resolution 95 -40 will be the sum of any unassigned fund balance plus any fund balance assigned by the Council for use in the following year's general fund budget. For the City's Library Fund, the applicable portion of fund balance for these purposes will be its assigned fund balance. 7. To the extent that unrestricted fund balance has not been committed or assigned by the City Council, the authority to classify unrestricted fund balance as assigned to purposes for which there is merely an informal intent is delegated to the City Manager, provided that such assignment is made by the City Manager to clarify the information in the City's financial statements. 15 City of Columbia Heights City Council Minutes Resolution 2010 -138 Monday, December 13, 2010 Exhibit A Page 11 Of 16 Governmental Funds Designation/Commitment as of December 31, 2010 General Fund Police community programs equal to residual from closed Fund 270 General Fund Downtown parking maintenance equal to residual from closed Fund 405 Special Revenue Funds: Cable Television Fund 225 Cable television Police Forfeiture Fund 265 Not applicable - externally restricted only Police Grants Fund 272 Not applicable - externally restricted only Library Fund 240 Library After- School Programs Fund 261 Youth programs Contributed Projects - Recreation - Fund 881 Not applicable - externally restricted only Contributed Projects - Other - Fund 883 Not applicable - externally restricted only Special Projects Fund 226 Redevelopment Community Development Fund 201 Protective inspections expenditures Anoka County Community Development Programs Fund 202 Redevelopment EDA Administration Fund 204 Redevelopment HRA Parkview Villa North Fund 203 Senior housing HRA Parkview Villa South Fund 213 Senior housing Debt Service Funds: 2008A Taxable GO Housing Improvement Area Bonds Fund 315 Debt service G.O. Improvement/ Revenue Bonds 2003A Fund 388 Debt service G.O. Improvement/ Revenue Bonds 2006A Fund 340 Debt service G.O. Street Rehabilitation Bonds 2007 Fund 341 Debt service G.O. Public Safety Center Bonds 2008B Fund 343 Debt service G.O. Public Facilities Bonds 2009A Fund 344 Debt service Tax Increment Bonds Fund 376 Not applicable - externally restricted only Sheffield TIF Redevelopment Fund 377 Not applicable - externally restricted only TIF Multi -Use Redevelopment Plan Fund 385 Not applicable - externally restricted only TIF Transition Block Fund 389 Not applicable - externally restricted only TIF 4747 Central Avenue Fund 371 Not applicable - externally restricted only TIF Huset Park Area Fund 372 Not applicable - externally restricted only EDA TIF Revenue Bonds 2007 Fund 373 Not applicable - externally restricted only Capital Projects Fund: Municipal State Aid Street Fund 212/402 Capital projects - streets and other infrastructure, Municipal State Aid Street Fund 212 /402 including transfers for same to Infrastructure Fund 430 Capital Improvements General Gov't Buildings 411 Capital projects - government buildings Capital Equipment Replacement General Gov't 431 Capital projects - government equipment Capital Improvements PIR Fund 415 Capital projects - streets and other infrastructure Public Safety Center Capital Building Fund 417 Capital projects - police and fire station EDA Housing Maintenance Fund 408 Capital Projects - Redevelopment Capital Improvement Development Fund 420 Capital Projects - Redevelopment Capital Improvement Parks Fund 412 Capital projects - parks Infrastructure Replacement Fund 430 Capital projects - streets and other infrastructure Capital Equipment Fire Fund 439 Capital projects - fire station and equipment Capital Equipment Cable TV Fund 440 Capital projects - cable television Capital Building Library Fund 450 Capital projects - library building RESOLUTION 2010 -130 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1216 WHEREAS, negotiations have proceeded between the International Association of Firefighters (IAFF), Local 1216, representing Firefighters of the City, and the City' s negotiating spokesperson, and said negotiations have resulted in a mutually acceptable contract for calendar years 2010, 2011, and 2012; and WHEREAS, changes to the current contract are attached, and a copy of said contract is available at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2010, 2011, and 2012 for IAFF bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. RESOLUTION 2010 -134 ADOPTING CHANGES IN NON -UNION SUPERVISORY SALARY RANGES, ESTABLISHING SALARIES FOR NON - UNIONIZED SUPERVISORY POSITIONS, AND CHANGES IN FRINGE BENEFITS 16 City Council Minutes Monday, December 13, 2010 Page 12of16 WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non - Unionized City Employees effective January 1, 1980 (Resolution 80 -47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges, and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88 -50), to assure comparable compensation for positions with comparable skills, effort, responsibilities, and working conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs and other benefits for its non - unionized supervisory employees to compare what is provided to other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes salary ranges and fringe benefits for non - unionized supervisory City positions, as indicated on Schedule A which is on file in the office of the City Manager and is attached, for calendar years 2011 and 2012; and that movement through the salary range is contingent upon satisfactory performance of the employee; and BE IT FURTHER RESOLVED that changes to the Personnel Policy and Retirement Health Savings (RHS) plan documents shall be made, as applicable, to incorporate changes in sick leave severance payout and participation in a Post Employment Health Care Savings Plan. RESOLUTION 2010 -136 BEING A RESOLUTION REGARDING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE PUBLIC MANAGERS' ASSOCIATION BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between the Public Managers' Association, representing Division Heads of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable Memorandum of Understanding for calendar years 2011 and 2012; WHEREAS, a copy of said Memorandum of Understanding will be made available for inspection at the Office of the City Manager and is made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED, that the Memorandum of Understanding as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2011 and 2012 for the Public Managers' Association bargaining unit employees of the City. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this agreement. RESOLUTION 2010 -135 ADOPTING CHANGES IN NON -UNION ESSENTIAL AND CONFIDENTIAL SALARY RANGES, ESTABLISHING SALARIES FOR NON- UNIONIZED ESSENTIAL AND CONFIDENTIAL POSITIONS, AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non - Unionized City Employees effective January 1, 1980 (Resolution 80 -47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges, and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88 -50), to assure comparable compensation for positions with comparable skills, effort, responsibilities, and working conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs and other benefits for its non- unionized essential and confidential employees to compare what is provided to other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes salary ranges and fringe benefits for non - unionized essential and confidential City positions, as indicated on Schedule B which is on file in the office of the City Manager and is attached, for calendar years 2011 and 2012; and that movement through the salary range is contingent upon satisfactory performance of the employee; and 17 City Council Minutes Monday, December 13, 2010 Page 13 of 16 BE IT FURTHER RESOLVED that changes to the Personnel Policy and Retirement Health Savings (RHS) plan documents shall be made, as applicable, to incorporate changes in sick leave severance payout and participation in a Post Employment Health Care Savings Plan. RESOLUTION NO. 2010-137 RESOLUTION REGARDING THE CITY MANAGER'S COMPENSATION AND BENEFITS WHEREAS, in previous years, the City Manager has received an adjustment in compensation and benefits consistent with that given to the management employees. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does hereby make the following modification to the City Manager's compensation and benefits, consistent with pay adjustments and benefits granted other management employees: Effective January 1, 2011: 0% pay adjustment ($123,841) Effective January 1, 2012: 1 % pay adjustment ($125,079) Effective January 1, 2011: $775 per month Employer contribution to insurances Effective January I, 2012: $805 per month Employer contribution to insurances Effective January 1, 2011: City Manager is eligible to participate in the Post Employment Health Care Savings Plan, in accordance with IRS regulations. Effective January 1, 2011: Upon leaving employment in good standing, after proper notice, earned and unused sick leave will be paid out as follows: During employment years 1 -5: 20% During employment years 6 -10: 33% During employment years 11 -19: 40% During employment years 20 +: 50% All of such sick leave severance pay will be placed into the City Manager's Post Employment Health Care Savings Plan on a mandatory basis, in accordance with IRS Regulations. BE IT FURTHER RESOLVED THAT CHANGES TO THE Retirement Health Savings (RHS) plan documents shall be made to incorporate participation in a Post Employment Health Care Savings Plan. RESOLUTION 2010 -142 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2011 STREET REHABILITATION, CITY PROJECT 1102 WHEREAS, pursuant to a resolution passed by the Council on December 6, 2010, the City Engineer has prepared plans and specifications for Full Street Reconstruction on 6 Street from 40 Avenue to 44 Avenue and Mill and Overlay on 4th Street from 42 " Avenue to 44` Avenue; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA 1. Such plans and specifications identified as 2011 Street Rehabilitation, Zone 6, City Project Number 1102 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, February 22, 2011 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, February 28, 2011 in the Council Chamber. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. 18 City Council Minutes Monday, December 13, 2010 Page 14 of 16 RESOLUTION 2010 -143 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140 -2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures for Project #1102 consisting of Zone 6 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 $600,000. 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 -144 BEING A RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL TRANSPORTATION USES WHEREAS, the City of Columbia Heights receives Municipal State Aid System (MSAS) funds for construction and maintaining 20% of its City streets, and WHEREAS, 11.62 MSAS miles are currently authorized, and WHEREAS, 11.62 MSAS miles of streets have been built or resurfaced since 1964, and WHEREAS, the City currently has 48.58 miles of municipal streets that require maintenance and upgrade, and WHEREAS, the majority of these streets have insufficient strength and poor surface drainage, and WHEREAS, it is proposed to systematically install or repair concrete curb and gutters for improved surface water drainage and add additional strength to the streets for traffic survivability, and WHEREAS, the City State Aid routes are improved to State Aid standards and are in an adequate condition that they do not have needs other than additional resurfacing, and WHEREAS, it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid allocation on local streets not on the approved State Aid system, and WHEREAS, the City proposes to rehabilitate the City-owned underground utilities as needed and rebuild the street in the process, and WHEREAS, it is proposed to use a portion of the City's population allocation funds to upgrade the local street, to wit: WHEREAS the City indemnifies save and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions, or causes of action arising out of or by reason or matter related to constructing the local street as designed, and WHEREAS, the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and WHEREAS, the final approval of the State Aid for Local Transportation Division is therefore given, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA The City of Columbia Heights, Anoka County Minnesota, requests the release of MSAS construction funds for the upgrade and rehabilitation of City municipal streets, to wit: 6 Street, 40` Avenue to 44 Avenue and 4th Street, 42 Avenue to 44 Avenue. RESOLUTION 2010 -141 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Daniel Busse (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 1037 Gould Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on November 15, 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 19 City Council Minutes Monday, December 13, 2010 Page 15 of 16 1. That on October 12, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on November 15, 2010 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on December 1, 2010 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair the front steps that are falling apart. B. Shall repair the front and back screen doors that are broken. C. Shall remove the trees on the east side of the property. Remove all scrub growth. D. Shall repair /replace /remove the gutters that have been destroyed by the trees. E. Shall repair /replace /remove the damaged fence on the east side of the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1037 Gould Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1037 Gould Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2010 -131 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2011, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2011 is hereby approved and adopted with appropriations for each of the funds listed below. Expense General Fund 10,244,317 Community Development Fund 263,823 Economic Development Fund 389,251 State Aid 158,545 Cable Television 129,442 Library 807,970 DARE Project 20,000 Infrastructure 233,297 Capital Improvement 1,286,897 Capital Equipment Replacement Funds 443,393 Construction Funds 1,129,500 Central Garage Fund 690,009 Liquor Operating 8,715,880 Liquor Capital/Non- Operating 688,955 Water Utility Fund 2,613,409 Sewer Utility Fund 1,847,196 Refuse Fund 1,570,287 Storm Sewer Fund 359,879 Data Processing 348,772 Debt Service Fund 2,625,900 Total Expense Including Interfund Transfers 34,566,722 20 City Council Minutes Monday, December 13, 2010 Page 16 of 16 Section B. The estimated gross revenue to fund the expense budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2011: Revenue General Fund 10,244,317 Community Development Fund 263,823 Economic Development Fund 389,251 State Aid 158,545 Cable Television 129,442 Library 807,970 DARE Project 20,000 Infrastructure 233,297 Capital Improvements 1,286,897 Capital Equipment Replacement Funds 443,393 Construction Funds 1,129,500 Central Garage Fund 690,009 Liquor Operating 8,715,880 Liquor Capital/Non- Operating 688,955 Water Utility Fund 2,613,409 Sewer Utility Fund 1,847,196 Refuse Fund 1,570,287 Storm Sewer Fund 359,879 Data Processing 348,772 Debt Service Fund 2,625,900 Total Revenue Including Interfund Transfers 34,566,722 Section C. The following sums of money are levied for the current year, collectable in 2011, upon the taxable property in said City of Columbia Heights, for the following purposes: Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2011 in the amount of $240,374. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2011 that is higher than the tax rate calculated for the City for taxes levied in 2009, collectable in 2010. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay 2011 Bond principal and interest payments on General Obligation Bond Series 2003A in the amount of $43,800 and General Obligation Bond Series 2006A in the amount of $229,651, and that the County Auditor is authorized to cancel these Bond Levies for taxes payable in 2011. BE IT FURTHER RESOLVED: That the City Council desires to reduce the City Manager's proposed property tax levy by using fund balance and state aids to reduce the General levy by $185,000 and the Debt Levy by $165,000 for a total of $350,000. BE IT FURTHER RESOLVED: That the City has adequate fund balances and reserves to pay $165,000 of the $664,080 Bond principal and interest payments levy on Public Safety Building, General Obligation Bond Series 2008B, leaving a balance of $499,080 to be levied. BE IT FURTHER RESOLVED: That the City Council is committed to long range financial planning the concept of the four year budget plan. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. 21 THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION SPECIAL MEETING OF THURSDAY, DECEMBER 9, 2010 The meeting was called to order at 7:00 p.m. by Chair Dennis Stroik. ROLL CALL: Members Present: Brad Peterson, Ken Henke, Dennis Stroik, and Robert Peltier (arrived late). Members Absent: Bob Buboltz and Dan Swee Council Representative: Bruce Nawrocki City Representative: Linda Magee Others in attendance: Will Craig from Elert & Associates and Bryan Olson. APPROVAL OF M 11JTES Motion by Brad Peterson, seconded by Bob Peltier, to approve the minutes of July 15, 2010. All ayes. Motion Passed. OLD BUSINESS A. Channel Check The channel check was done and no problems were found. It was noted that the City currently has the Digital Economy service package. B. Correspondence Log and Follow Up on Complaints No complaints were received by the City since the last meeting. C. Correspondence Received Since Last Meeting 1. July Notice re: MultiLatino Packages - Addition of new Hispanic language tier effective September 22, 2010. 2. August Notice re: AnyRoom DVR Service -A multi -room DVR service that allows customers to share their entire DVR library with additional TV's in the home. 3. September Notice re: Additions to Digital Preferred Package effective October 28, 2010. 4. September Notice re: Name Change to Xfinity. 5. November Notice re: Addition of Neo Cricket as a pay service effective December 16, 2010. 6. November Notice of Channel Line Up and Annual Notification of Rates. 7. Receipt of Franchise Fees for 2 and 3rd Quarter- Copies were enclosed in the packets. C. Other Old Business No other old business. 22 TELECOMMUNICATIONS COMMISSION MINUTES DECEMBER 9, 2010 PAGE 2 NEW BUSINESS A. Recommendation of Award of Bid for Council Chambers Technology Replacement Linda Magee distributed results of the bids received for the new equipment needed to update the City's Cable Studio. She explained that Elert and Associates helped develop the bid specs for the City since they began working with the City in August 2007 to evaluate the existing equipment and technology system and to develop a plan for the eventual replacement. The initial report was provided to the City in November 2007, and was updated to include the Library's audiovisual needs in January 2008. Elert & Associates was engaged in August 2010 to update the assessment report and new replacement plan. Linda then introduced Will Craig from Elert so he could further explain the process and answer any questions the commissioners had. Mr. Craig stated that Elert & Associates released the RFB in mid November, 2010, to five vendors who have worked on similar projects. A Pre -bid meeting was held November 16 an addendum was added December 1 and the bids were opened December 6 Of the five contacted, three companies submitted bids. The other two companies were too busy to do the work in the timeframe stipulated. Craig stated that all three bids were lower than the estimate of $162,500 contained in the initial assessment reports. He felt that was due to the competitive bidding climate and the companies were looking for work. Peterson asked if this is a firm bid, or if there was a chance of cost over -runs? Craig said the bid specs were carefully written to prevent additional charges. The companies were required to break down the bids detailing the equipment, labor, training and warranties. Whichever company is awarded the bid, will have to adhere to their bid price. He further explained that each vendor bid the same equipment, as required by the bid specs. Therefore, the differences in the bids were primarily due to differences in the labor charges. Craig told members that all three companies have done work for Elert and other cities before and all three are competent and have certified people doing the work. He listed some of the projects each had been involved in recently. Craig said that after receiving the bids, they were reviewed and the companies were contacted with any issues that were identified, so that revisions could be made to the bid if necessary. He reviewed the three issues that were found which did impact the original bid amounts. The final bids received are as follows: Alpha Video $150,807.27 Audio Vidor Electronics (AVE) $141,913.26 Video Services Inc (VSI) $138,141.75 Therefore, staff and Elert & Associatees recommend the contract be awarded to Video Services Inc. (VSI). Henke asked if the City has to pay sales tax on the equipment? Craig said, yes, and that the amount is included in the bid. Peterson asked if it includes the removal of the old equipment and old cabling? Craig said they will remove and dispose of all the equipment and cabling. The labor to do this, and the disposal fees were included in the bid amounts. The City will not have to deal with disposing of any of the old equipment. TELECOMMUNICATIONS COMMISSION MINUTES 23 PAGE 3 DECEMBER 9, 2010 Stroik asked if they would start soon? Craig stated that they are scheduled to start the beginning of January and that the project should be completed in approximately two weeks. Linda stated they will probably videotape the first meeting in January with a single camera, but the new system should be up and running for the second meeting in January. She went on to inform the members that the bid also includes training of staff. The cameras, micro controls, and audio equipment will need minimal training. The storage and distribution of the programming will require the most training. Craig said a local manufacturer's representative from St. Paul, will be on hand to do the training. He explained that the bid included a "Gold" warranty package that is the top warranty service and will provide the best technical support possible during the first year. Craig also reviewed the equipment the Library is getting. He explained that we will have a two channel video server and separate modulators since the programming goes on two different channels. Craig told members that the character generator will be part of the scheduler system so that information will automatically be picked up off the scheduler and be included in the character generator messages. Craig was asked if editing equipment was included in the bid. He stated that editing equipment was not included since we will not be doing any programming in house. This is not being set up as a production studio. Nawrocki asked how the parade would be covered. Linda told him we would have to contract it out to another entity that does production, such as North Suburban that has a mobile production van for such events. It would be cost prohibitive for the City to set up a production van for only a few events. She said the other option would be to record the event with a single video cam. She explained that Comcast used to record the parade for us when they had a production van, but she thought the last few years, they also were contracting with North Suburban to do the coverage. Nawrocki said he thought the NE Minneapolis parade was recorded without a production van, so why couldn't we do the same? Bryan Olson stated that MTN Public Access does the recording of that parade and that they use the CTV production van. Nawrocki then asked what the maintenance costs would be for this new system? Craig said there wouldn't much for maintenance expenses, except batteries for the wireless microphones. He did tell members that most of the equipment has a life expectancy of approximately 10 years, so replacement and updating will need to begin somewhere in that timeframe. Nawrocki then asked how much the Library's portion of this is costing? Craig estimated that the Library's share is about $10,000- $12,000. Nawrocki said he wasn't sure it's worth the value to keep the Library Channel going. Nawrocki then stated that he was disappointed that the Commission wasn't involved earlier in the process to discuss the equipment, help make recommendations and to determine how far we should go with the new system. He said if the members had been involved, maybe the consulting costs would have been lower. Henke responded to Nawrocki's comments saying that he could never have come up with this extensive and detailed of a list for equipment needed for the new system. He didn't feel he would have enough expertise in this area, and that the consultant had more knowledge of what exactly is needed and what equipment would best fit our needs. TELECOMMUNICATIONS COMMISSION MINUTES PAGE 4 DECEMBER 9, 2010 Peterson asked if the equipment could be updated as technology advances? Craig said some software upgrades would be possible and capacity could be increased, but for the most part as long as the system works, there wouldn't be a need to do so. He again reminded members that replacement of some of this equipment would probably be necessary in 10 years or so. Bryan Olson who attended the meeting asked several questions regarding the equipment that was chosen and wanted details on what each piece would be used for. He also asked Mr. Craig if his firm worked on the Duluth system. He told him that Elert was not involved in that system. B. Other New Business The regular meeting of December 16 will be cancelled. REPORTS A. Report of Commissioners Education -Dan Swee -- Nothing to report Library- Bob Buboltz— Nothing to report. Public - Government -Ken Henke -- Nothing to report B. Report of Comcast- The reports of July- October 2010 were included in the agenda packets for the commissioners to review. The November reports were passed out at the meeting. Ken was concerned about the phone stats and the fact that they dropped to 81 -87% at times. Dennis reported that he had contacted Kathi regarding a call he made to report an outage. He said it took over a half hour before he was able to talk with a service representative who then told him they were aware of it. He felt there could have been a message, earlier in the process, to let those holding know that. C. Report of the Assistant to the City Manager Nothing further to report. Motion by Ken Henke, seconded by Brad Peterson, to adjourn the meeting at 8:25 pm. All ayes. Respectfully submitted, Shelley Hanson Secretary 25 PLANNING AND ZONING COMIVIISSION MINUTES OF THE REGULAR MEETING JANUARY 4, 2011 7:00 PM The meeting was called to order at 7:00 pm by Chair - Marlaine Szurek. Commission Members present- Thompson, Peterson, and Szurek. Members Absent: Fiorendino It was noted that Donna Schmitt resigned from the Commission since she was elected to the City Council. Also present were Council Liaison Gary Peterson, Jeff Sargent (City Planner), and Shelley Hanson (Secretary). Motion by Thompson, seconded by Peterson, to approve the minutes from the meeting of October 5, 2010. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2011 -0101 APPLICANT: Matthew Long LOCATION: 4849 Central Avenue NE REQUEST: Site Plan Approval for Second Monument Sign INTRODUCTION Sargent stated that Savers is requesting a Site Plan Approval in order to locate a second freestanding monument sign on their property. Currently, Savers utilizes a freestanding pylon sign adjacent to Central Avenue near the main entrance. On May 4, 2010, The Planning Commission approved a Site Plan for the construction of a new loading dock and a square foot area variance for signage on the building. Savers also expanded into the vacant end unit of the building and moved their primary entrance closer to Central Avenue. The construction of the loading dock and expansion into the remainder of the building was concurrent with the construction of the new pedestrian bridge at the intersection of 49 Avenue and Central Avenue. Savers would like to install a second freestanding monument sign at this intersection to help regain visibility to the building that they felt was lost due to the construction of the bridge. The requirement for a Site Plan approval is necessary because this property is located within the Design Overlay Highway District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities. One of the goals of the Comprehensive Plan is to provide opportunities and mechanisms for successful redevelopment of targeted areas within the community, by enhancing the image and viability of the Central Avenue corridor. One way to accomplish this goal is for the businesses along Central Avenue to conform to the Design Guidelines for commercial- related activity. The proposed site plan meets the intent of the Comprehensive Plan. ZONING ORDINANCE The property is located in the GB, General Business, as are the properties to the south. The properties to the east are zoned residential and MXD, Mixed Use Development. The properties to the north are zoned commercial and residential, and the properties to the west are located in the City of Hilltop. The subject parcel is also located within the Design Overlay Highway District, and is subject the regulations for such properties. 26 PLANNING & ZONING COMMISSION MINUTES JANUARY 4, 2011 Page 2 MONUMENT SIGNS. The GB, General Business District allows for a second freestanding monument sign if the following conditions are met: 1. The building contains more than 80,000 square feet of gross floor area or the site on which the building is located contains more than 90,000 square feet of surface area; Although the building is only about 34,000 square feet in area, the site on which the building is located is 3.25 acres (141,570 square feet in area). 2. The street frontage of the site on which the building or structure is located exceeds 150 feet in length, and; The street frontage along Central Avenue is approximately 350 feet. 3. The building is located 20 feet or more from the front lot line and is located adjacent to a state trunk highway. The building is located approximately 50 feet from the property line along Central Avenue. Central Avenue is a state highway. Because these conditions are met, the second freestanding monument sign is permitted, but can be no more than eight (8) feet in height, no more than 40 square feet per side, and must be located at least five (5) feet from all property lines and no closer than fifty (50) feet from any other freestanding sign on the property. The proposed plans indicate that the sign will be approximately 6.5 feet in height, 40 square feet in area, and initially was going to be located 5 feet from the north and west property lines. The proposed location of the sign will be approximately 180 feet from the existing pylon sign along Central Avenue. Sargent told members the location of the 2 sign has changed based on a recommendation from our Public Works Director. He passed out a drawing depicting the change in location. He said the original proposal placed the sign in the 30 -foot utility easement which is used by several utilities and includes a gas main. The company has agreed to re- locate the new sign at Least five feet from that easement area. He noted that the Resolution had also been amended to add the conditions necessary to accommodate this change. DESIGN GUIDELINES 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 40 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 Savers store is the Highway District. FREESTANDING SIGNAGE. The Design Guidelines permit monument freestanding signage only. Such signage may not be internally lit and must be architecturally compatible with the principal structure. The proposed sign utilizes a masonry base that matches the building and will not be internally lit. For these reasons, the proposed sign meets the Design Guideline specifications. FINDINGS OF FACT Site Plan Approval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The proposed site plan meets all the Design Guidelines standards for building materials and illumination for freestanding monument signs. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposed site plan is consistent with the Comprehensive Plan in that the proposal will upgrade an existing commercial business and will enhance the image and viability of the Central Avenue corridor. 3. The site plan is consistent with any applicable area plan. 27 PLANNING & ZONING COMMISSION MINUTES JANUARY 4, 2011 Page 3 There is no applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. The proposed site plan involves the construction of a second monument sign, which will be located near the intersection of 49 Avenue and Central Avenue. The city anticipates that there will be no adverse impact on the property in the immediate vicinity and the public right -of -way. Staff recommends approval of the proposed site plan, as it is consistent with the Comprehensive Plan and the Design Guidelines with the following conditions: 1. All application materials, maps, drawings, and descriptive information shall become part of the perm it. 2. The monument sign shall be located no closer than five (5) feet from the utility easement along Central Avenue, as depicted in the approved site plan. Questions by members: Szurek asked how tall the existing Pylon Sign was. Sargent said he estimates it is about 20 feet high, and that it is grandfathered in. He noted the new sign will be a monument style and will be about 6 'A ft high and meets the current guidelines. Peterson thought the intersection is already cluttered enough with the new bridge and traffic lights. He doesn't feel the new sign will be that visible from Central Avenue traffic, so wonders why they would go through the expense of installing one. He thought it would be a better location if it were constructed further east on 49 Avenue. Sargent stated it isn't the Commission's job to pick the location of the signage- -that is up to the individual business, as long as it meets the requirements. If the members have an issue with aesthetics for the City overall, then the Commission may need to consider a change in the Ordinance to change the requirements to address those concerns. He reminded members that they cannot make their decisions based on what they would like, but rather what is allowed under the present code. Thompson agreed that he thought the additional signage would be a wasted expense, but that cannot be the Commission's decision. Peterson said he was comfortable allowing the sign since it will not be lit and won't be that visible. He, too, understands it meets the requirements, and is therefore allowed, and that it is up to the company to decide whether it is advantageous to install or not. Public Hearing Opened. No one was present to speak on this issue. Public Hearing Closed. Motion by Thompson, seconded by Peterson, to waive the reading of Resolution No. 2011 -PZ01, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Thompson, seconded by Peterson, to adopt Resolution No. 2011 -PZ01, being a resolution approving a site plan for the construction of a second freestanding monument sign for the building located at 4849 Central Avenue, with the conditions attached. All ayes. MOTION PASSED. RESOLUTION NO. 2011 28 PLANNING & ZONING COMMISSION MINUTES JANUARY 4, 2011 Page 4 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A SECOND MONUMENT SIGN FOR THE SAVERS STORE LOCATED AT 4849 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2011 -0101) has been submitted by Matthew Long, to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4849 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a second monument sign for the building located at 4849 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on January 4, 2011; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of- way. FURTHF,R, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information shall become part of the permit. 2. The monument sign shall be located no closer than five (5) feet from the utility easement along Central Avenue, as depicted in the approved site plan. CASE NUMBER: 2011 -0102 APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment Pertaining to Driveways Szurek stated that she had had conversations with Thompson regarding this matter and they would like to see this issue tabled until spring when some examples could be viewed. Sargent told the members this amendment to the Ordinance is one of many that staff will be bringing before the Commission in an attempt to clarify and update our City Code because the language used was unclear in several areas. BACKGROUND Sargent stated that Staff is proposing this ordinance change that would effect the setback and location requirements for residential driveways. After reviewing the Zoning Code, staff feels that the current language pertaining to setbacks should be amended to better reflect today's housing standards and uses of residential properties. 29 PLANNING & ZONING COMMISSION MINUTES JANUARY 4, 2011 Page 5 As part of this process, staff will also look into the possibility of requiring a building permit for the construction or reconstruction of future driveways. The justification is to enable staff to determine whether the placement of driveways on residential properties meets the minimum setback requirements, as well as allowing staff to better monitor the impervious surface area calculations for those properties located in the Shoreland Overlay Districts. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and reinvest in the housing stock to protect values and investment in the city. The proposed ordinance amendment would allow residents to have greater flexibility in the placement of driveways on their lots, which would give opportunity to reinvest in their homes. ZONING ORDINANCE The proposed amendments made to the Zoning Ordinance would include language regarding the setbacks and locations of residential driveways within the city. The proposed changes include: 1. Residential lots platted prior to the effective date of this Code and having a lot width of sixty (60) feet or less, shall maintain a minimum side yard setback of one (1) foot in all districts. 2. Residential lots platted after the effective date of this Code or having a lot width greater than sixty (60) feet shall maintain a minimum side yard setback of three (3) feet in all districts. 3. The creation of a joint driveway use between neighboring property owners shall require a Conditional Use Permit. 4. Driveways may only lead directly to, or be contiguous to driveways leading to, an attached or detached garage. 5. In all zoning districts, driveways shall be no less than twelve (12) feet in width. Sargent told members this change would actually make it easier for residents who have the small lots, since the current setback is three (3) feet, and would be changing to one (1) foot for those properties. He also stated that by issuing a permit, staff would be checking to make sure residents aren't encroaching onto neighboring properties. Currently, we have no way to prevent that from happening. Sargent stated this will only affect new driveways or expansions of existing driveways. Staff will not make residents remove what currently is in place. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and reinvest in the housing stock to protect values and investment in the city. The proposed ordinance amendment would allow residents to have greater flexibility in the placement of driveways on their lots, which would give opportunity to reinvest in their homes. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would be effective for all residential properties within the city. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. Not applicable. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in 30 PLANNING & ZONING COMMISSION MINUTES JANUARY 4, 2011 Page 6 question, which has taken place since such property was placed in the current zoning classification. Not applicable. Staff recommends approval of the proposed Zoning Amendment. Questions from members: Thompson again stated he will vote no on this. He wants to wait until spring so the Commission can better visualize what the change may mean. Sargent again reminded the members this would only affect new driveways, not existing. Peterson said he had no problem with the proposed change. Szurek said she had concern that this would prohibit parking pads and some residents need them to meet the off street parking requirement. Sargent said the current ordinance states that driveways are only allowed that lead to a garage, but without the permitting process, there is no way to regulate placement of parking surfaces. He also said this change would relocate the language in the Ordinance to make it easier to access all the information. As stated before, this would enable staff to check for drainage issues, setbacks (that will be less restrictive), lot coverage, and impervious surface area in the shoreline districts. Gary Peterson stated he doesn't object to the permitting process, but doesn't feel staff should inspect or approve the actual work as he worries about residents thinking that guarantees the surface will last for "X" amount of years just because it was inspected. He said there are many factors that can affect a driveway surface such as the concrete mix itself, lack of proper sealing and maintenance, settling or shifting of the ground under the driveway, etc. The idea to make it a zoning permit rather than a building permit was discussed. Public Hearing Opened. Mark Roskop who lives at 4151 Stinson Blvd said he opposes the change. He said it is just another example of more government involvement where there shouldn't be any. He said staff is making more work, for no reason. Roskop also told members to call it what it is, another tax. Sargent explained that only the language clarification is being decided tonight. The actual permitting process and amount of the fee is not being decided at this time. Public Hearing Closed. Motion by Peterson, seconded by Szurek, that the Planning Commission recommends that the City Council approve the proposed zoning amendment. Peterson and Szurek — aye and Thompson — nay. MOTION PASSED. The following is a draft of the Ordinance that will go to the City Council for consideration. DRAFT ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO DRIVEWAYS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article 1, Section 9.106 (L) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (L) Off - street parking and loading. 31 PLANNING & ZONING COMMISSION MINUTES JANUARY 4, 2011 Page 7 (7) Design and maintenance of parking facilities. Off-street parking facilities are subject to the following design and maintenance requirements: (g) Setbacks. Except for one -, two -, three- and fourfamily residential uses, parking lots and loading areas shall be subject to the same setbacks as a structure for the district in which such parking is located. One -, two -, three- and four family residential uses are subject to the following setback requirements: 1. Residential lots platted prior to the effective date of this Code and having a lot width of sixty (60) feet or less, shall maintain a minimum side yard setback of one (1) foot in all districts 2. Residential lots platted after the effective date of this Code or having a lot width greater than sixty (60) feet shall maintain a minimum side yard setback of three (3) feet in all districts. 3. The creation of a joint driveway use between adjoining property owners shall require a Conditional Use Permit (h) Residential driveway locations. Driveways may only lead directly to, or be contiguous to driveways leading to, an attached or detached garage. (i) Minimum driveway widths. In all zoning districts, driveways shall be no less than twelve (12) feet in width. Chapter 9, Article I, Section 9.109 (E)(3)(g) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (E) R -1, Single Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R- 1, Single - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (g) Joint driveway use between adjoining property owners. Chapter 9, Article I, Section 9.109 (F)(3)(j) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (F) R -2A and R -2B, Two - Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R- 2A and R -2B, Two - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (j) Joint driveway use between adjoining property owners. Chapter 9, Article 1, Section 9.109 (G)(3)(o) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (G) R -3, Limited Multiple- Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R- 3, Limited Multiple - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (o) Joint driveway use between adjoining property owners. Chapter 9, Article 1, Section 9.109 (H)(3)(q) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (H) R -4, Multiple- Family Residential District. 32 PLANNING & ZONING COMMISSION MINUTES JANUARY 4, 2011 Page 8 (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R- 4, Multiple - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (q) Joint driveway use between adjoining property owners. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. CASE NUMBER: 2011 -0103 APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment Pertaining to Fence Regulations BACKGROUND Currently, city regulations pertaining to fences are located in two separate sections of the City Code. The first location is at Chapter 6, Article IV of the Municipal Code, which deals with building and construction standards. The second location is at Chapter 9, Article I, which is the Zoning Code. Staff feels that these two sections should be combined and located in one area of the City Code in order to make it easier for the general public to gather the necessary information when constructing a fence. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and reinvest in the housing stock to protect values and investment in the city. The proposed ordinance amendment would make it easier for the general public to gather the necessary information when constructing a fence. ZONING ORDINANCE The following outlines the key aspects of the proposed ordinance change: 1. Chapter 6, Article IV of the Municipal Code would be deleted in its entirety. 1. The construction standards from Chapter 6, Article IV of the Municipal Code will be transferred to the Zoning Code. 2. Residential fences greater than six (6) feet in height will require a Conditional Use Permit. 3. Non - residential fences greater than seven (7) feet in height shall require a Conditional use Permit. 4. Barbed wire fences will still be allowed in the industrial district, but will now require a Conditional Use Permit. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and reinvest in the housing stock to protect values and investment in the city. The proposed ordinance amendment would make it easier for the general public to gather the necessary information when constructing a fence. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would be effective for all properties within the city. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. Not applicable. 33 PLANNING & ZONING COMMISSION MINUTES JANUARY 4, 2011 Page 9 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. Not applicable. Staff recommends approval of the proposed Zoning Amendment. Questions from members: Szurek stated that the amendment makes sense. Peterson asked about the difference in height requirements for residential fences versus commercial fences. He wondered if it was standard in other communities. Sargent stated that it was. Public Hearing Opened. No one was present to speak on this issue. Public Hearing Closed. Motion by Thompson, seconded by Peterson, that the Planning Commission recommends that the City Council approve the proposed zoning amendment. All Ayes. MOTION PASSED. The following draft Ordinance will go before the City Council for consideration. DRAFT ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO FENCES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 6, Article IV, of the Columbia Heights City Code, is proposed to include the following additions and deletions: . 1 • . ' ' • the city any fence six feet or higher without securing a permit therefore from the Building Official, who shall require submission of an application prior to issuance of a permit. FENCE. Any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure of a permanent nature. FRONT YARD. Any portion within the front yard setback. PRIVACY FENCE. A fence more than 12 inches in height which is constructed in a manner so as to . - • , , • • .. : ich the, fence is located to the property immediately adjacent and on the opposite side of the fence. {C) The written application shall be submitted is • 5 • •: • _ 34 PLANNING & ZONING COMMISSION MINUTES JANUARY 4, 2011 Page 10 (D) All boundary line fences shall be located entirely upon the private property of the person, firm or corporation constructing or causing the construction of such fence unless t • • : • : - : - - : - in writing that such a fence may be erected on the division line of the respective properties. In the case of aproperty line dispute, the Building Official may require the owner of the property upon which a fence now exists to cause to establish a boundary line of his property by s-upvey there: :. : - : • : :istered land surveyor. The Building Official shall not become an arbitrator of boundary disputes between private persons. manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited for the materials such as old bard boards or railread tiles maybe used in any fence, freestanding wall or retaining wall prescribed hereinafter. 1 • - - .: : :. ing approved fencing materials: with knuckles up and cut edge down. {2) Approved vinyl fencing materials. (3) Treated wood or wood of natural materials resistant to decay. {C) All fences shall be constructed with the posts on the inside of the fence with the finished side facing the adjacent properties. -- _ : (1) Retaining walls and cribbing shall be used to stabili:c steep slopes or prevent erosion. to, a minimum four inch concrete footing of appropriate width and drains of appropriate type, si :c and spacing. {3) Cribbed slopes shall be appropriately planted if open faced cribbing is used. {1) The retaining wall or freestanding wall shall be constructed in a manner that presents a finished appearance to the adjoining property where applicable. (5) With regard to measuring the permissible height offences, which co - ' : - walls g may not be used as a device to exceed the height limitations of this chaptcr. In the case of terraced extent that it exceeds the lowest span for purposes of determining the height of a wall or fence under this chapter, and the said total of those measurements shall be considered as the height of a single fence or wall hereunder. (A) (1) Barbed wire fences shall not be permitted, used or constru • : : - • - • : -: property used for public purposes. (2) Every fence so constructed under this section and any fence existing at the time of the passage of this section shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or dangerous. (3) Any property owner who receives notice from the Building Official that his fence is in a state of disrepair or is dangerous shall repair said fence within 30 days after receipt of written notice to abate said condition by the Building Official. (B) A six and one halff of -high privacy fence may be constructed only within property lines and shall not extend beyond the front corners of the main structure (house). Any fence higher than six and one half feet would {1) A site plan and construction plan for the fence location must be approved by the Building Inspection /Planning Department staff and a building permit is issued. 35 PLANNING & ZONING COMMISSION MINUTES JANUARY 4, 2011 Page 11 (2) Any such fence to be constructed or maintained in the front yard (limited to 42 inches) or on a corner lot no construction shall be permitted in excess of 30 inches about the abutting curb line shall bc permitted within a triangular area as defined as follows: Beginning at the intersection of thc projected curb line of two intersecting streets tcn 30 feet along one curb line, then diagonally to a point 30 feet from thc point of beginning on the other curb line then to point of beginning. Thc Building Official shall determine the maximum allowable height for fences 011 a corner lot in accordance with his personal observations and findings relating to visibility. setback area up to the front corners of the main structure (house). - - - : - • : : - : - - • differing in constructio , - : - - - : - -- • - • - : - district in the city by the issuance of a special fence permit recommended by the Planning and Zoning Commission and approved by the Council upon proof and reasons submitted by the applicant etn61 upon showing to said bodies that such special fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Notice of any application for any special purpose fence shall, before consideration thereof first be served upon all abutting properties of such applicant with proof of service - : . • - - - • : :--* - *, " - : :..:• :- • - *,: , : :tion, construction and type of special fence thereby permitted j _ , . • (A) In residential districts, no fence more tha - - - - : - - - - from said alley or street boundary line. (B) The use of fences in commercial districts is subject to the following conditions: (1) If the applicant can prove to the satisfaction of the Council that a fence for security reasons is - :::.• : -••:- , --• - •- - - : - , and front lot lines provided that such fence exceeding 7feet in height is constructed with a setback from the front property line of 20 fea '''' *"•- •' . •:" ' ,:•- : the regulations herein set forth in the residential districts, and shall have a maintained green area 20 feet wide located 20 feet fi-om thc adjoining residential property line. (3) Fences located on commercial property and adjacent to residential districts shall be subject to the -(C) The use offences in industrial districts is subject to thc following conditions: (1) Fences erected along a property line in common with any residential district shall be subject to - - : ' - - — • - - • : g tricts, and shall have a maintained green area 20 feet wide located 20 feet from the adjoining residential property line. (2) Such fences shall not be erected within the landscaped portion of the front yard of any industrial establishment. (3) No provision of this section in any way restricts the requirement of thc :oning ordinance of the eity. Chapter 9, Article I, Section 9.106 (D) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.106 GENERAL DEVELOPMENT STANDARDS. (D) Fences. (4) General requirements. The following standards shall apply to all fences: (a) Fences may be constructed, placed or maintained in any yard or adjacent to a lot line in accordance with the requirements of this section. (b) The owner of the property upon which the fence is located shall be responsible for locating all property lines prior to constructing said fence. (c) All fence posts and supporting members shall be placed within the property lines of the property on which they are located. 36 PLANNING & ZONING COMMISSION MINUTES JANUARY 4, 2011 Page 12 (d) All fences shall be situated so that they can be maintained from within the property boundaries of the property on which they are located. (e) All fences shall be constructed so that the finished side or more attractive side of the fence faces the adjacent property or right -of -way. (f All fcnccs shall be constructed of durable, weather treated and rustproofcd materials. (f) Fences, freestanding walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited for the purpose for with the fence, freestanding wall or retaining wall is proposed to be used No previously used materials may be used in any fence. All fences shall be constructed of the following approved fencing materials: 1. Galvanized or vinyl coated woven fabric — minimum 11% gauge, with two -inch minimum mesh, with knuckles up and cut edge down. 2. Approved vinyl fencing materials. 3. Treated wood or wood of natural materials resistant to decay. (g) Retaining walls or freestanding walls shall be constructed in the following manner: 1. Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. 2. They shall be designed in accordance with sound engineering practice; including, but not limited to, a minimum four -inch concrete footing of appropriate width and drains of appropriate type, size and spacing. 3. Cribbed slopes shall be appropriately planted if open-faced cribbing is used 4. The retaining wall or freestanding wall shall be constructed in a manner that presents a finished appearance to the adjoining property where applicable. {g} (h) All fences shall be maintained and kept in good condition. {if} (i) Fence height shall be measured from the average grade to the top of the fence. In situations where a grade separation exists at the property line, the height of the fence shall be based on the measurements from the average point between the highest and lowest grade. (j) Barbed wire, razor wire and electric fences shall not be permitted in any zoning district. However, barbed wire may be permitted in industrially zoned districts and property used for public purposes through a Conditional Use Permit process. {i} (k) Fences exceeding six (6) feet in height shall require a building permit from the city. (5) Residential fences. The following standards shall apply to all fences constructed in any residential zoning district or directly adjacent to any residential zoning district: (a) No fence shall exceed seven (7) feet in height. Fences exceeding seven (7) six (6) feet in height shall be deemed structures and shall require a Conditional Use Permit. (b) Fences along any rear property line that abut a public alley or street shall be located no closer than three (3) feet from said alley or street right -of -way. (c) It shall be the responsibility of property owners with fences within recorded city easements to remove such fence at any time when access to the recorded city easement would require the removal of said fence. {b} (d) A fence extending across or into the required front yard setback shall not exceed 42 inches (3.5 feet) in height; however, fences that are less than 50% opaque may be up to 48 inches (4 feet) in height. (c) Fences exceeding six (6) feet in height shall require a building permit from the city. (6) Non - residential fences. The following standards shall apply to all fences constructed in any commercial or industrial zoning district: (a) No fence shall exceed eight (8) feet in height. Fences exceeding seven (7) feet in height shall be deemed structures and shall require a Conditional Use Permit (b) A fence extending across or into the required front yard setback shall not exceed four feet in height.; however, fences that arc less than 50% opaque my be up to 18 inches (1 feet) in height. (c) A fence required to screen a commercial or industrial use from an adjacent residential use shall not exceed eight feet in height or be less than six feet in height. In addition, said screening fence shall be no less than 80% opaque on a year round basis. 37 PLANNING & ZONING COMMISSION MINUTES JANUARY 4, 2011 Page 13 (7) Fencing of play areas. For parks and playgrounds, either public or private and located adjacent to a public right -of -way or railroad right -of -way, a landscaped yard area no less than 30 feet in width, or a fence no less than 4 feet in height, shall be installed between the facility and the right -of -way. Chapter 9, Article I, Section 9.109 (E)(3)(h) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (E) R -1, Single Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -1, Single- Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (h) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.109 (F)(3)(k) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (F) R -2A and R -2B, Two - Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -2A and R -2B, Two- Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (k) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.109 (G)(3)(p) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (G) R -3, Limited Multiple- Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -3, Limited Multiple- Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (p) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.109 (H)(3)(r) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (H) R -4, Multiple- Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -4, Multiple- Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (r) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.110 (D)(3)(t) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.110 COMMERCIAL DISTRICTS. (D) LB, Limited Business District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: 38 PLANNING & ZONING COMMISSION MINUTES JANUARY 4, 2011 Page 14 (t) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.110 (E)(3)(s) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.110 COMMERCIAL DISTRICTS. (E) GB, General Business District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (s) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.110 (F)(3)(h) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.110 COMMERCIAL DISTRICTS. (E) CBD, Central Business District. (4) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (h) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.111 (D)(3)(i) and (j) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.111 INDUSTRIAL DISTRICTS. (D) 1-1, Light Industrial District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the I -1, Light Industrial District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (i) Fences greater than seven (7) feet in height. (j) Barbed wire fences. Chapter 9, Article I, Section 9.111 (E)(3)(i) and (j) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.111 INDUSTRIAL DISTRICTS. (E) 1 -1, Light Industrial District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the I -1, Light hndustrial District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (i) Fences greater than seven (7) feet in height. (j) Barbed wire fences. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. NEW BUSINESS Sargent stated we are operating one member short. The vacancy is advertised on the website. He said a new Vice -Chair will need to be appointed once the vacancy is filled. Sargent noted the tentative 2011 schedule was included in the agenda packet. Thompson noted that he has an issue with the meetings that have been re- scheduled for Wednesdays in July, August, and September. He feels they could still be held on Tuesdays, regardless of the City Council's schedule. 39 PLANNING & ZONING COMMISSION MINUTES JANUARY 4, 2011 Page 15 Gary Peterson asked what the members thought about getting a P51 plane for the round -about on Huset Parkway to honor our servicemen. He said the Arts bids submitted thus far are approximately $50,000. He thinks we could get the plane shipped here and construct the base for less cost. The members were receptive to the idea. Thompson suggested he contact the Air Force Museum to get additional information for the cost of the base and what the general maintenance costs would be. The meeting was adjourned at 8:00 pm. Respectfully submitted, Shelley Hanson Secretary 40 �- Approved �_ N 1/5/11 (/ COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES December 1, 2010 The meeting was called to order by Chair Patricia Sowada, at 6:30 p.m. Members present were: Nancy Hoium, Patricia Sowada, Barbara Tantanella, Lynette Thomson, and Catherine Vesley. Also present: City Council Representative Bruce Kelzenberg, Becky Loader, and Stacey Hendren. The minutes of the November 3, 2010, Board meeting were approved as mailed. The bill list dated 11/22/10 was reviewed. It was moved, seconded and passed that the bills be paid. The bill list dated 11/22/10B was reviewed. It was moved, seconded and passed that the bills be paid. The 2010 accounting dated 12/1/10 was reviewed. Old Business: 1. Carpeting for the Library Boardroom has been ordered and will be installed prior to the end of the year. 2. The 2011 proposed budget was discussed at the November 29, 2010 City Council work session. The Library will have 3 budget carryovers from the 2010 budget for projects that are in process. They are: air conditioning unit replacement, boiler replacement, and copier replacements. The Board discussed the proposed budget, the Council work session, the effect of the carryovers on the budget, and the upcoming City Council vote on the budget. 3. Fidelity has been given notice and will clean the Library through 12/30/10. Loader participated in interviews for new part-time custodians in the City. One individual will be responsible for Library cleaning and two other employees will be cross - trained to cover absences. 4. All 2011 Gates Grant paperwork has been prepared. Jesse Hauf, IS department, is preparing the order for new equipment. The matching funds will be pulled from Sale Cart revenue and budgeted monies. New Business: 1. The Board was notified of the upcoming Foundation Fundraiser. "Miracle on 34 Street" will be presented December 5th at the Heights Theater. A musical introduction will be provided by the First Four. 2. The Board was presented with a report that shows amounts collected in various funds, and updates the Board on how Library revenue is progressing. Items from the Floor: 1. Loader participated in training on "Boopsie," a product purchased by MELSA that will allow the Anoka County ILS to be downloaded free as an app for handheld devises. The Library is considering purchasing an IPAD for roving reference use. The Board discussed the new program and the security issues involved with the IPAD. 1 41 2. The Board discussed the power outage from 11/29. A substation was disabled and the Library was without power for approximately 2 hours with an individual stuck in the elevator. Changes will be made to the elevator, following code regulations, to prevent such an occurrence in the future. The Board commended Jesse Hauf, for his quick thinking by safely taking the Library server down and retrieving statistics. The Board discussed the fact that the Library does not have an emergency generator. There being no further business, the meeting was adjourned at 7:28 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 2 42 COLUMBIA AEIGHTS - CITY COUNCIL LETTER Meeting of: January 10, 2011 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Appoint EDA /HRA BY: Gary L. Peterson BY: NO: DATE: January 5, 2011 DATE: Background: The EDA and HRA terms of Mayor Peterson, Councilmember Diehm, and Councilmember Kelzenberg have expired. The Enabling Resolution states that "members shall be appointed by the Mayor with approval of the City Council ". Recommended Motion: MOTION: Move to approve the Mayor's appointment of Gary Peterson, Tami Diehm, and Donna Schmitt to the vacant HRA positions. MOTION: Move to approve the Mayor's appointment of Gary Peterson, Tami Diehm, and Donna Schmitt to the vacant EDA positions. COUNCIL ACTION: 43 COLUMBIA H FIGHTS - CITY COUNCIL LETTER Meeting of: January 10, 2011 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Appointment to City BY: Walt Fehst BY: ° -'„el Commission DATE: January 5, 2011 DATE: NO: Background: Mayor Peterson has recommended the appointment of: • Traffic Commission - Leonard Olson to fill the vacancy of a term that expires in April of 2012. Applications have been accepted for this vacancy since June of 2010. Mr. Olson is the only applicant. With Mr. Olson's history as a police officer with this city for 30 years and traffic enforcement experience, Mayor Peterson does not feel that a candidate interview is necessary. Recommended Motion: Move to appoint Leonard Olson to the Traffic Commission for the vacant term to expire April 2012. COUNCIL ACTION: 44 CD CITY OF COLUMBIA HEIGHTS APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION BOARD(S) OR COMMISSION(S) ON WHICH YOU WOULD LIKE TO SERVE: (INDICATE PREFERENCE: I, 2, 3, IF MORE THAN ONE) TELECOMMUNICATIONS COMMISSION PLANNING & ZONING COMMISSION CHARTER COMMISSION (Note: If applying for this TRAFFIC COMMISSION commission, please indicate if you are a qualified voter: Yes No ECONOMIC DEVELOPMENT AUTHORITY PARK & RECREATION COMMISSION — LIBRARY BOARD NAME: 7 0.5e1rJ HOME ADDRESS: c ZIP CODE: 7 tC, \Aff-70 1114, Aj-E LIVED IN COLUMBIA HEIGHTS SINCE: f 5 kg PROPERTY OWNED IN COLUMBIA HEIGHTS (OTHER THAN RESIDENCE) PRESENT EMPLOYER: POSITION TITLE; _S EDUCATIONAL BACKGROUND: K — ` ' CIVIC EXPERIENCE: 3 o y cid (; 45 PLEASE STATE BRIEFLY WHY YOU ARE INTERESTED IN SERVING ON THIS BOARD/COMMISSION FOR WHICH YOU ARE SUBMITTING THIS APPLICATION AND WHY YOU FEEL YOU ARE QUALIFIED: L I 4 / 7 A e 7 A I AM NOT AVAILABLE FOR BOARD/COMMISSION MEETINGS ON THE FOLLOWING EVENINGS (CIRCLE): MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY PLEASE LIST THREE REFERENCES: NAME ADDRESS PHONE 1. Lui'y (L'Z's91 4 77C 111.111111111111111111 2. 9q9 1/44? AIZ 3. I HEREBY CERTIFY THAT THE FACTS WITHIN THE FOREGOING APPLICATION ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. Signature Return application to: City Clerk City of Columbia Heights For Office Use Only: 590 40 Avenue NE Columbia Heights, MN 55421 Date received: 7 10 (763) 706-3611 TDD (763) 706-3692 4-16-08 46 CITY COUNCIL LETTER MEETING OF: January 10, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: DESIGNATING AN OFFICIAL BY: WILLIAM ELRITE BY: NEWSPAPER FOR 2011 NO: DATE: DECEMBER 29, 2010 Each year the City Council designates an official newspaper for publishing of legal notices and other required publications. State statutes require the newspaper to be published at least twice monthly. Statutes also limit the amount the newspaper can charge, to the rate paid by commercial users. Based on this, there are three newspapers serving Columbia Heights that meet the criteria: Sun Focus News, the Northeaster, and the Star Tribune. Based on rates charged to commercial customers, Sun Focus News is the least expensive alternative. The Star Tribune's 2011 rate is $5.40 per line for legal notices. The following is a comparison of the 2010 rates to the 2011 rates for the Sun Focus News: 2010 Rate 2011 Rate One Column Width: Per line, first insertion 0.99 0.99 ($9.90 per col. inch) Per line, subsequent insertion 0.55 0.55 ($5.50 per col. inch) The Sun Focus News has not increased their rates for 2011; however, the Star Tribune rates increased by $2.00 per line. A quote was not requested from The Northeaster as they have declined to provide a quote in past years. RECOMMENDED MOTION: Move to designate Sun Focus News as the official City newspaper for 2011 and to authorize the Mayor and City Manager to enter into an agreement with Sun Focus News for required publications. WE:slh 1012291 COUNCIL "Sun Focus Attachment: 2011. pdf' COUNCIL ACTION: 47 C :,44:_:,, December: 010 newspapers Citiy, of . Cola rnbia Heighit& City 590 40th Avenue_ NEE:: Caltirribia Heights, MN 55:421 Dear City.Council Members: , The Sun -Focus would tike to,be consideredfor designation as. the :legal newspaper for the City of .. UColum is !Heig ; fo ''th .,m c r rmrkg year, All published legal notices are posted on our website (www.minrrlocal.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broaden the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun - Focus is our home delivery. Sun Newspapers has become the prirrrary source of community news in the suburbs, Your notices. in our paper have ,the best: chance of being seem .and „ ttr,ead. The structure for legais effective the first; of the yearn w9ri bye: 1 column width: $ 99 per line - per insertion ($9.9O per col. inch) :x:055 per fine- subsequent insertions ($5.50 Per col, inch) There- are 11 lines per inch. Because price comparisons between newspapers: are difficult due to differences, in column width, font size, etc., we would be happy to provide a price quote on an e- mailed submission. Two notarized affidavits on each of your publications will be provided with no additional charge. The Sun -Focus is published every Thursday. The deadline for regular length notices is 11:00 a.m. _ the Monday prior to publication. E- mailing the legal notices is an efficient and accurate way of getting the notices to us. The e-mail address for the legals department is rlec,,, ale@acn apers corn: If you require n pore information to make rL your decision, please contact me or Jennifer Mcl_emore, our '�`�� i 6�?•l;krl:�.', e tatr�voe at'452 392 6829,x. Thank :you for considering th'e' Sun -Focus :as • the official newspaper for your c°ommunity.;- Sincerely. Jeff Coolrnan Vice President and Group Publisher 10917 VALLEY VIEW ROAD 0 EDEN PRAIRI 0 MINNESOTA 55344 0 952-829-0797 0 FAX: 952 -941 -3588 48 CITY COUNCIL LETTER MEETING OF: JANUARY 10, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: DESIGNATE OFFICIAL DEPOSITORIES BY JOSEPH KLOIBER BY: FOR THE CITY OF COLUMBIA HEIGHTS a DATE: JANUARY 5, 2011 RESOLUTION NUMBER 2011 - 001 Each year the council designates by resolution the depositories for city funds and investments. The attached resolution follows the general format of the resolution passed in previous years. Under this resolution, investment firms that may be used by the city must be located in the State of Minnesota, and all investments must comply with authorized investments as set forth in Minnesota statutes. Although the City's general banking transactions are conducted through Northeast Bank, the City of Columbia Heights does maintain accounts at Wells Fargo Bank of Minnesota, N.A. and U.S. Bank for certain ancillary or specialized services. It is staff's recommendation that we maintain these three banking relationships as they meet the City's current needs and, in combination, they provide capacity for addressing the City's evolving needs for electronic banking services. RECOMMENDED MOTION: Move to waive the reading of Resolution 2011 -001, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2011 -001, being a resolution designating official depositories for the City of Columbia Heights. JPK Counciiletter_Res20l i_00l_depositories Attachment COUNCIL ACTION: 49 RESOLUTION NO. 2011-001 DESIGNATE OFFICIAL DEPOSITORIES FOR THE CITY OF COLUMBIA H NIGHTS IT IS HEREBY RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby designated as depositories of the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on deposit with said banks shall be signed by the following: Mayor City Manager Treasurer - Finance Director and that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the following: Mayor City Manager Treasurer - Finance Director and that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the Treasurer or other officer of his corporation. BE IT FURTHER RESOLVED, with respect to limited - purpose imprest bank accounts at Northeast Bank, the applicable signatories in the foregoing part of this resolution, for both original and facsimile signatures, shall be any two of the three persons listed above. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any, relating to deposits, withdrawals, re- discounts and borrowings by or on behalf of this corporation with said banks prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of Minnesota may be used as depositories for investments purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. 50 BE IT FURTHER RESOLVED, that any brokerage firm with offices in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. Passed this 10th day of January, 2011 Offered by: Seconded by: Roll Call: Mayor Gary Peterson Patricia Muscovitz CMC City Clerk 51 CITY COUNCIL LETTER MEETING OF: JANUARY 10, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: RESOLUTION 2011 -002 ACCEPT BY: JOSEPH KLOIBER BY:. CERTAIN DONATIONS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS DATE: JANUARY 5, 2010 Annually, staff compiles in resolution format a list of private donations received by the City and submits these for formal acceptance by the City Council. The main intent of this is to comply with Minnesota Statute 465.03 Gifts to Municipalities. That statute provides that municipalities can accept donations subject to donor terms, if the acceptance is by a resolution approved by at least two - thirds of the City Council. It should be noted that this statute prohibits accepting donations with religious or sectarian purposes. Staff recommends that the City Council adopt the following motions: RECOMMENDED MOTION: Move to waive the reading of Resolution 2011 -002 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2011 -002 being a resolution to accept certain donations received by the City of Columbia Heights. JPK CouncilLetter Res2011 002 Donations.doc Attachment COUNCIL ACTION: 52 RESOLUTION NO. 2011-002 ACCEPT CERTAIN DONATIONS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS WHEREAS, the City Of Columbia Heights has received the following donations; BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Columbia Heights accepts these donations, subject to the donor - prescribed terms listed: DATE DONOR DOC REF AMOUNT PURPOSE 20910 COLUMBIA HEIGHTS ATHLETIC BOOSTERS 133850 10,000.00 RECREATION 30910 COLUMBIA HEIGHTS ATHLETIC BOOSTERS 134067 4,000.00 RECREATION 61510 COLUMBIA HEIGHTS ATHLETIC BOOSTERS 135082 20,000.00 RECREATION 61510 NEMER,FIEGER & ASSOC INC 135083 500.00 RECREATION 62310 COLUMBIA HEIGHTS LIONS CLUB 135151 50.00 RECREATION 62310 SHOREWOOD INN INC 135152 50.00 RECREATION 81910 WALMART 135678 600.00 RECREATION 22410 SHAMROCK CASINO TOURS 133954 20.00 SENIOR PROGRAM 30410 ZALLAR,BARBARA 134043 12.00 SENIOR PROGRAM 41910 MATTHEWS,RUTH 134457 20.00 SENIOR PROGRAM 80210 VARIOUS 135513 360.00 SENIOR PROGRAM 80210 AAMOTH,IONE 135514 10.00 SENIOR PROGRAM 80210 GRAY,BETTE 135515 100.00 SENIOR PROGRAM 80210 ZOOK,MAJORIE 135516 25.00 SENIOR PROGRAM 80210 BURT,ARDELLE 135517 10.00 SENIOR PROGRAM 80210 THUL,CATHERINE 135518 25.00 SENIOR PROGRAM 80210 DAMEROW,ARNO 135519 100.00 SENIOR PROGRAM 80210 BOYLES,ELAINE 135520 25.00 SENIOR PROGRAM 80210 GROTE,JEANETTE 135521 50.00 SENIOR PROGRAM 80210 BADER,SHIRLEY 135522 25.00 SENIOR PROGRAM 80210 DAVITT,BRENDA 135523 30.00 SENIOR PROGRAM 80210 DAVIN,JUDY 135524 100.00 SENIOR PROGRAM 80210 MCCAULEY,PEGGY 135525 25.00 SENIOR PROGRAM 80210 EDLUND,LUCILLE 135526 20.00 SENIOR PROGRAM 80210 VACHUSKA,MAUREEN 135527 20.00 SENIOR PROGRAM 80210 VLIEGER,DELORIS 135528 10.00 SENIOR PROGRAM 80210 ANDERSON,ELAINE 135529 15.00 SENIOR PROGRAM 80210 JOHNSON MOTORS 135530 15.00 SENIOR PROGRAM 91510 NICHOLSON,JUNE 135945 25.00 SENIOR PROGRAM 100410 SHAMROCK CASINO TOURS 136121 20.00 SENIOR PROGRAM 61510 NORTHEAST BANK 135079 100.00 FIREWORKS 61510 NEMER,FIEGER & ASSOC INC 135080 500.00 FIREWORKS 61510 CREST VIEW MANAGEMENT SERVICES 135081 50.00 FIREWORKS 61510 THE KORDIAK COMPANY 135084 25.00 FIREWORKS 81910 COLUMBIA HEIGHTS LIONS CLUB 135688 750.00 FIREWORKS Subtotal Fund 881 Contributed Projects - Recreation 37,687.00 10610 ANONYMOUS 133561 100.00 STREETS 41210 FRIENDS OF COLUMBIA HEIGHTS LIBRARY 134385 400.00 LIBRARY 41510 GATES FOUNDATION (VIA STATE OF MN) 134432 5,850.00 LIBRARY 62810 ALERUS FINANCIAL 135183 100.00 POLICE 70210 WALMART 135245 800.00 POLICE 100710 FINANCIAL ONE 136237 750.00 POLICE 113010 ALERUS FINANCIAL 137251 100.00 FIRE 122810 ALERUS FINANCIAL 137502 100.00 FIRE Subtotal Fund 881 Contributed Projects - Other 8,200.00 GRAND TOTAL 45,887.00 Passed this 10th day of January, 2011 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovite, CMC City Clerk 53 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: January 10, 2011 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: 1st Reading of Ordinance 1587, being an BY: Sheila Cartney BY: amendment to convey certain real estate DATE: January 6, 2011. BACKGROUND: On April 29, 2009 the EDA approved a "Scattered Site Housing Program" in which the EDA buys mostly foreclosed houses in the city for purpose of Demolition. On August 19, 2009 the EDA adopted Resolution 2009- 25, authorizing the City of Columbia Heights to negotiate purchase agreements for certain properties located within the Downtown CDB Redevelopment Project (Scattered Site houses). The EDA passed this resolution due to timing of the purchases, the City Council met more frequently to approve the purchases. At a later date the City would do a quitclaim deed back to the EDA. Ordinance 1587 conveys the Scattered Site houses back to the EDA. The City Charter requires land transactions be done in the form of an Ordinance Amendment. RECOMMENDATION: Staff recommends setting up the second reading of Ordinance 1587 and to approve the ordinance amendment. RECOMMENDED MOTIONS: MOTION: Move to waive the reading of Ordinance No. 1587, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1587, for Monday, January 24, 2011, at approximately 7:00 p.m. in the City Council Chambers. Attachments: Draft Ordinance 1587. EDA letter. EDA Resolution 2009 -25 COUNCIL ACTION : 54 ORDINANCE NO. 1587 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 AUTHORIZING TO CONVEY CERTAIN REAL ESTATE LOCATED AT 3853 3" Street, 4039 5 Street, 4421 5 Street, 4110 6 Street, 4147 7 Street, 1307 Circle Terrace Blvd, 4631 Pierce Street, 4600 Polk Street, 4606 Polk Street, 4636 Polk Street, 4648 Polk Street, 4448 Quincy Street, 4303 Reservoir Blvd, 3842 Tyler Street, 3846 Tyler Street, 4235 Washington Street, and 4502 Washington Street. The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights, a Minnesota municipal corporation, may convey unto the Columbia Heights Economic Development Authority, the real property described as follows, to wit: 3853 3 Street: Lots 10 and 11, Rearrangement of Block "E ", Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, Except that part of Lot 11, Rearrangement of Block "E" Columbia Heights Annex to Minneapolis, described as follows: Beginning at point of intersection of the West line of State Highway 56 as now laid out and constructed, said point being 351.1 feet Northeasterly along the Northwesterly line, Lot 11, Rearrangement of Block E, Columbia Heights Annex from the most Westerly corner thereof then South along West line of said highway right of way, a distance of 85 feet then West at right angles a distance 90 feet thence North at right angles to the North Westerly line of said Lot 11 thence Northeast along the said Northwesterly line of Lot 11, a distance of 99.1 feet more or less to the point of beginning. Also except that part of Lot 11, Rearrangement of Block "E ", Columbia Heights Annex tto Minneapolis, described as follows: Commencing at the point of intersection of the West line of State Highway No. 56, as now laid out and constructed, said point being 351.1 feet Northeasterly along the Northwesterly line of said Lot 11, from the most Westerly corner thereof, thence South along the West line of said Highway right of way a distance of 85 feet, thence West at right angles a distance of 90 feet to the actual point of beginning of the tract to be hereby described; thence continuing West on last mentioned line a distance of 94.24 feet, more or less to its intersection with the Northwesterly line of said Lot 11; thence Northeasterly along the Northwesterly line of said Lot 11 to its intersection with a line drawn North from the actual point of beginning, said line being at right angles to the South line of said tract, thence South along last mentioned line to the actual point of beginning. Also except that part of Lot 11, Rearrangement of Block "E ", Columbia Heights Annex to Minneapolis, described as follows: Beginning at a point on the Northwesterly lot line of said Lot 11, Rearrangement of Block "E ", Columbia Heights Annex to Minneapolis, distant 177.9 feet Northeasterly, as measured along the Northwesterly line of said Lot 11, from the most Westerly corner of said Lot 11; thence Southwesterly a distance of 165 feet more or less, to a point on the Southwesterly line of said Lot 11, which point is distant 117.3 feet Southeasterly as measured along said Southwesterly lot line, from the most Westerly corner thereof; thence Northwesterly along said Southwesterly lot line to the most Westerly corner of said Lot II; thence Northeasterly along said Northwesterly line of said Lot 11, a distance of 177.9 feet to the point of beginning. 55 Also except that part of Lots 10 and 11, Rearrangement of Blocks "E" Columbia Heights Annex to Minneapolis which lies Easterly of a line run parallel with a distant 119 feet Westerly of the following described line: Beginning at a point on the North line of Section 35, Township 30, Range 24, distant 1270.16 feet East of the Northwest corner thereof; thence run southerly at an angle of 90 degrees 18' 30" with said North Section line (when measured from the West to South) for 734.8 feet; thence deflect to the right at an angle of 2 degrees 30' for 458.51 feet; thence deflect to the left at an angle of 2 degrees 30' for 1606.56 feet; thence deflect to the left at an angle of 4 degrees 17' 45" for 572.61 feet; thence deflect to the right at an angle of 2 degrees 00'; for 689.93 feet; thence deflect to the right on a 0 degrees 30'; curve (delta angle 2 degrees 00') for 400 feet and there terminating. AND 4039 5 Lot 25, Block 52, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. AND 4421 5 Lot 21, Block 18, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. AND 4110 6 Lot 13, Block 47, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. AND 4147 7 The south 30 feet of Lot 22, Block 45, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. AND 1307 and 1309 Circle Terrace Blvd: That part of Lot 9, Block 1, lying East of the West line of Lot 43, Block 4, Reservoir Hills, Columbia Heights, Anoka County, Minnesota all in Circle Terrace 2 Addition, together with an easement for driveway purposes over the southwesterly 4 feet of Lot 8, Block 1, Circle Terrace 2 Addition, Anoka County, Minnesota. That part of Lot 9, Block 1, Circle Terrace 2 Addition which lies in Lots 41 and 42, Block 4, Reservoir Hills, together with an easement for driveway purposes over the Southwesterly 4 feet of Lot 8, Block 1, Circle Terrace 2 Addition, Anoka County, Minnesota. AND 4631 Pierce: Lot 4, Block 1, Parkview Terrace, according to the plat on file in the office of the Registrar of Titles, Anoka County, Minnesota. AND 56 4600 Polk: Lot 14, except the North 30 feet thereof, and Lot 15, Block 2, Sheffield's Second Subdivision, Anoka County, Minnesota. AND 4606 Polk: Lot 13, except the North half and the North 30 feet of Lot 14, Block 2, Sheffield's Second Subdivision, all according to the plat thereof on file in the office of the Registar of Titles of said County. AND 4636 Polk: Lot 5, except the North 35 feet thereof, all of Lot 6, and the North One -half of Lot 7, in Block 2, Sheffield's Second Subdivision, Anoka County, Minnesota, according to the recorded plat thereof on file and of record in the office of Registar of Titles, Anoka County, Minnesota. AND 4448 Quincy: Lot 3, Block 12, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. AND 4303 Reservoir Blvd: Lot 4, Block 4, Auditor's Subdivision of Walton's Second Subdivision of Reservoir Hills, Anoka County, Minnesota. AND 3842 Tyler: Lot 7, Block 4, Waltons 1 Subdivision of Reservoir Hills, Anoka County, Minnesota. AND 3846 Tyler: Lot 6, Block 4, Waltons 1 Subdivision of Reservoir Hills, according to the recorded plat thereof, Anoka County, Minnesota. AND 4235 Washington: The North 10 feet of Lot 23, and all of Lot 24, Block 31, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. AND 4502 Washington: Lot 14, Block 4, Gillette's Annex to Columbia Heights, Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute a deed to effectuate the conveyance of said real estate. 57 Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: January 10, 2011 Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 58 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) Meeting of: August 25, 2009 AGENDA SECTION: Consent ORIGINATING EXECUTIVE NO: 3 DEPARTMENT: EDA DIRECTOR APPROVAL ITEM: Resolution 2009 -25 authorizing city to BY: Sheila Cartney BY: enter into purchase agreements for the scattered DATE: August 19, 2009 side program BACKGROUND: On April 28, 2009 the EDA approved a "Scattered Site Housing Program" in which the EDA buys 1 if mostly foreclosed houses in the city for purpose of demolition. As discussed previously staff suggested the City enter into purchase agreements and purchase homes on behalf of the EDA, and then do a quitclaim deed back to the EDA. Because time is of the essence in negotiating these purchases it is advantageous to have the City enter into these agreements due to their more frequent meetings. RECOMMENDATION: Staff recommends approval of the resolution as approved RECOMMENDED MOTION: Motion: Move to waive the reading of Resolution 2009 -25, there being ample copies available to the public. Motion: Move to adopt Resolution 2009 -25, delegating to the City of Columbia Heights authorization to negotiate purchase agreements for certain properties located within the Downtown CDB Redevelopment Project. Attachments: Resolution 2009 -25 EDA ACTION: 59 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2009-25 RESOLUTION DELEGATING TO THE CITY OF COLUMBIA HEIGHTS AUTHORIZATION TO NEGOTIATE PURCHASE AGREEMENTS FOR CERTAIN PROPERTIES LOCATED WITHIN THE DOWNTOWN CBD REDEVELOPMENT PROJECT RECITALS Section 1. 1.01. The Authority administers the Downtown CBD Redevelopment Project (the "Project ") within the City of Columbia Heights, Minnesota (the "City "), which Project was established pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended (the "HRA Act "). 1.02. The Authority has undertaken a program to acquire homes located in the Project to address foreclosure problems and remediate and prevent the emergence of blight (the "Scattered Site Housing Program "). 1.03. The City, as a "state public body" under Section 469.041 of the HRA Act, is authorized to make contributions to the Project. 1.04. In order to acquire certain properties in a timely fashion, the Authority has determined to request that the City assist with such acquisitions by negotiating with sellers and entering into purchase agreements (the "Purchase Agreements ") on behalf of the Authority. Section 2. Approvals. 2.01. The Authority hereby requests the City, using its powers as a "state public body" under the HRA Act, to negotiate Purchase Agreements for properties located in the Project that are consistent with the criteria for the Scattered Site Housing Program, as approved by the Authority on April 28, 2009. 2.02. The City Council of the City is authorized and directed to approve and enter into Purchase Agreements, provided that the City's rights in each Purchase Agreement shall be assigned to the Authority. 2.03. The Board hereby accepts and approves each Purchase Agreement entered into by the City and assigned to the Authority, provided that the Purchase Agreements are consistent with the criteria for the Scattered Site Housing Program. Passed this 25 day of August 2009 Offered by: Diehm Second by: Szurek Roll Call: All ayes ATTEST: President, Gary L. Peterson Secretary, Shelley Hanson 1 60 CITY COUNCIL LETTER Meeting of January 10, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVA ITEM: Rental Housing BY Gary Gorman BY: Licenses NO: DATE: January 5, 2011 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for January 10, 2011 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 61 g#/ 1 Copy of List of 2010 1 I .I -te r g W �a \\P/// e 7.41 � � �� �� � I � � �� � Rental Licenses to Hispection Approve by 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763- 706 -8156 - Fax: 763 - 706 -8151 10007 4607 PIERCE ST NE Wang, Xie F10481 100 5321 Windsor Ave $ 150.00 Edina, MN 55436 10025 -RY548 LOMIANKI LN NE Hambissa, Gudina F10677 100 6304 N London Ave. Apt. #F $ 150.00 Kansas City, MO 04151 10025 -RY548 LOMIANKI LN NE Schultz, Roberta F10677 1042 7250 France Avenue S 301 $ 150.00 Edina, MN 55435 10031 4112 TYLER ST NE Wolnik, Helen F10675 100 6600 Pleasant Ave So. Apt #108 $ 150.00 Richfield, MN 55423 -2305 10032 1012 GOULD AVE NE Sona Investments U1012 1051 1769 Lexington Avenue North 111 $ 150.00 Roseville, MN 55113 10043 4555 WASHINGTON ST NE Alarcon, Laura F10752 100 4546 Jefferson Street $ 150.00 Columbia Heights, MN 55421 10048 4308 6TH ST NE J.H. Callahan and Assosciates, Inc F10698 1051 1878 Duck Pond Drive $ 150.00 West St. Paul, MN 55118 10053 4047 6TH ST NE Hodgman, David F10693 100 331 Naegele AVE $ 150.00 Columbia Heights, MN 55421 10061 805 50 1/2 AVE NE RP Managment F10621 1040 1714 E. Hennepin Ave $ 150.00 Minneapolis, MN 55414 10061 805 50 1/2 AVE NE Chorney, Jason F10621 100 730 Randolph Street #2 $ 150.00 San Francisco, CA 94132 10083 4000 WASHINGTON ST NE Professional Property Mgmt LLC F10716 1050 PO BOX 583253 55458 -3253 $ 150.00 Minneapolis, MN 55458 -3253 01/05/2011 11:36 Page 1 62 r ; - * .. V,- �. Copy of List of 2010 v v x Rental Licenses to &` &` & g 4 71 4 i Vi 1 Approve by 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 -706 -8156 - Fax: 763 - 706 -8151 10085 4542 HEIGHTS DR NE Kilgore, Gina F10729 100 6391 Monroe Street NE $ 150.00 Fridley, MN 55432 10093 4311 ROYCE ST NE Stauch, Leland F10713 100 1155 Khyber Lane N.E. $ 150.00 Columbia Heights, MN 55421 10094 4125 QUINCY ST NE Nett, Natalie F10709 100 222 E. Bland Street #491 $ 150.00 Charlotte, NC 28203 10101 3900 CLEVELAND ST NE 3900 Cleveland, LLC F10726 1050 4908 W. 69th St. $ 150.00 Edina, MN 55435 10108 3906 TYLER ST NE PH Property Management F10724 1041 3906 TYLER ST NE $ 150.00 Columbia Heights, MN 55421 10108 3906 TYLER ST NE Kuchta, Ben F10724 100 3116 W Calhoun Blvd $ 150.00 Minneapolis, MN 55416 10113 4317 5TH ST NE Luellen, Sylvester F10717 1042 4100 Spring Street Apt. #204 $ 150.00 Sprink Park, MN 55384 -9662 10113 4317 5TH ST NE McKenzie, Bruce F10717 100 4317 5TH ST NE $ 150.00 Columbia Heights, MN 55421 10133 4003 MAIN ST NE Dorko, Kenneth F10712 100 5072 Clearview St. NE $ 150.00 Fridley, MN 55421 10139 1011 41ST AVE NE Byers, Constantina F10663 100 999 41st Avenue N.E. Apt. #321 $ 150.00 Columbia Heights, MN 55421 10140- RY3807 GAUVITTE ST NE Greenway, Arvella F10579 100 829 Thornton St SE $ 150.00 Minneapolis, MN 55414 01/05/2011 11:36 Page 2 63 Copy of List of 2010 Rental Licenses to Approve by uus^1st Avenue m.E.- Columbia Heights, mm 55421 - Ph: 763-706-8156 - Fax: 763-706-8151 10145 5O60K8ULCAREDRNE VanQ.Jay F18687 2502 FremontAvenue North $ 150.00 100 Minneapolis, MN 55411 10149 6O68 WASHINGTON STNE Koch, Kenneth F10782 4O42 Arthur Gt12O0 $ 137.50 100 Minneapolis, MN 55402 10152 3931 JACKSON ST NE Burson, Stephen F10727 143G Adams Street NE $ 150.00 100 Minneapolis, MN 55413 10161 3911 ULYSSES ST NE Nelson, Bernie F10687 1121 177th Lane NE $ 150.00 100 Ham Lake, MN 55304 10165 4632 6TH ST NE Sentyrz, Jr., Walter F10284 3316 Highcrest Rd NE $ 150.00 100 Minneapolis, MN 55418 10166 4111 5TH STNE Jones, David F10701 1DG31 Maple lane E $ 150.00 100 Corcoran, MN 55374 10168 411 SUMMIT ST NE City Central LLC F10632 PD Box 311 $ 15O.00 1050 Lake Elmo, K8N55O42 10170 4336 6TH ST NE Wickstrom, Steven F10686 5O4D Madison St. $ 150.00 100 Columbia Heights, MN 55421 10177 4828 5TH ST NE Froi|ond.Dano F10730 1825158th Avenue N.W. $ 150.00 100 Andover, MN 55304 10189 4807 JEFFERSON ST NE Yard, Joe F10858 8181 East Fish Lake Road $ 150.00 100 Maple Grove, MN 55311 10192 3911 VAN BUREN ST NE Moore, Rafik F10753 3228E. Lake Street $ 150.00 100 Minneapolis, MN 55406 0I/05/20I1 1I:36 Page 3 64 Copy of List of 2010 Rental Licenses to Approve by 825 41st Avenue N.E - oolumumnm/omu.ww 55421 - Ph: 763-706-8156 - Fax: 763-706-8151 10194 4840 4TH ST NE Rodenberg, Arnold F10725 18274 South Diamond Lake Ct $ 150.00 100 Dayton, MN 55327 10218 SOS41ST AVE NE Wasik, Thomas F10731 2G05NE 2nd Street NE $ 150.00 100 Minneapolis, MN 55418 10224 4909 5TH ST NE Cities Home Rentals F10628 1845 Stinson Pkwy #212 $ 150.00 1040 Minneapolis, MN 55418 10253 4236 POLK ST NE Erickson, Gordon F10671 4633 South Samantha Dr. $ 150.00 100 Souix Falls, SD571UG'75SO 10298 4408 MONROE ST NE O'Connell, Brian F10650 387LandcaoterLnN. $ 150.00 100 Champlin, MN 55316 10306 4422 7TH ST NE Anglin, Bobby F10623 41466thSTSVV $15O.00 100 Waverly, MN 55390 12001 4002 RESERVOIR BLVD NE Huffman, Patrick F10688 4002 NE RESERVOIR BLVD 4004NEReoenmir3311M000 100 Columbia Heights, MN 55421 12018 5230 4TH ST NE Arcos-Martinez, Carlos F10710 52284th Street N.E. $ 150.00 100 Columbia Heighta, MN 55421 12018 1093POLKC|RNE Small, Stephanie F10678 1091 Polk Circle $ 150.00 100 Columbia Heights, MN 55421 12019 5055 JACKSON ST NE McNutt, Mary Jo F10125 5057 Jackson Street NE $ 150.00 100 Columbia Heights, MN 55421 12024 1221 CIRCLE TERRACE BLVD NE Kinch, Susan F10754 1223 Circle Terrace $ 150.00 100 Columbia Heights, MN 55421 0I/05/20I1 11:36 Page 4 65 „ , I �, �4�� �� Copy of List of 2010 f � � � F Rental Licenses to in at Approve by 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 - 706 -8156 - Fax: 763 -706 -8151 12026 1817 41ST AVE NE Swanson, Todd F10766 100 1815 41ST AVE NE $ 150.00 Columbia Heights, MN 55421 12031 4008 CLEVELAND ST NE Brownrigg, Thomas F10719 100 4010 Cleveland Street NE $ 150.00 Columbia Heights, MN 55421 12033 4908 TYLER ST NE Parkash, Om F10646 100 1647 South Broadway $ 150.00 Rochester, MN 55904 12043- NC4456 WASHINGTON ST NE Powell, Sandra F10672 100 4456 NE WASHINGTON ST $ 150.00 Columbia Heights, MN 55421 12140 609 51ST AVE NE McQuarry, Thomas F10558 100 609 51st Avenue $ 150.00 Columbia Heights, MN 55421 12167 4957 TYLER ST NE Johnson, Greg F12167 1042 817 Plainview $ 150.00 LaCrosse, WI 54603 12203 4409 MONROE ST NE Graham, James F10619 00 4409 Monroe Street $ 150.00 Columbia Heights, MN 55421 20002 1161 CHEERY LN NE Wilson, Craig F10620 100 12530 Dorchester Trail $ 150.00 Apple Valley, MN 55124 20009 1348 44 1/2 AVE NE Seiffert, Mitchell 10673 100 1350 44 1/2 AVE NE $ 150.00 Columbia Heights, MN 55421 20019 633 51ST AVE NE Therrien, Thomas F10553 100 21655 Co. Road 117 $ 150.00 Corcoran, MN 55374 20025 4855 5TH ST NE Boyum, Clifford F10577 100 1426 Bussard Court $ 150.00 Arden Hills, MN 55112 01/05/2011 11 :36 Page 5 66 Copy of List of 2010 Rental Licenses to Approve by auo4`m Avenue w.e.'Co/vmma*u/nmu.mw 55421 - Ph: 763-706-8156 - Fax: 763-706-8151 20026 4801 7TH ST NE Johnson, Andrew F10763 4057 5th Street N.E. $ 160.00 100 Columbia Heights, MN 55421 20035 4407 JACKSON ST NE Maciaszek, Rose F10602B 2882 Rice Creek Terrace $ 150.00 100 New Brighton, MN 55112 20059 3807 VAN BUREN ST NE R.P. Management F10654 1714 East Hennepin Ave. Attn: John Schefhsrt $ 150.00 1040 Minneapolis, MN 55414 20059 3807 VAN BUREN ST NE Hanson, Dennis F10654 1427 Ridgewood Drive $ 150.00 100 Lilian, AL3G54Q 20060 4995 TYLER ST NE Majewski, John F10669 1U512th Avenue NVV $15D.O8 100 New Brighton, MN 55112 20069 4157 QUINCY ST NE CMACS LLP, F10692 213O Erin CL $ 150.00 1050 New Brighton, KAN55112 20073 4529 TAYLOR ST NE Van Blaricom, Stanley F18490B 118 Balsam Lane N. $ 150.00 100 Plymouth, MN 55441 20083 4645 WASHINGTON ST NE Applegate Management F10627A PO Box 32 *150.OU 1040 New Richmond, WI 54017 20105 3807 PIERCE ST NE De|a.Aren F10728 1255O Zest Qt $15O.00 100 Blaine, yNN5S44Q 20110 4055 UNIVERSITY AVE NE Zezza, John F10676 2425 S. Lake George Drive $ 150.00 100 Oak Grove, MN 55011 20120 679 46TH AVE NE Newport Investments,LLC. F10520 6551 Channel Road $1G8.UU 1051 Minneapolis, MN 55432 0I/05/20I1 11:36 Page 6 67 asica 4tt. .6'0� t tt Copy of List of 2010 Rental Licenses to !// z spec et n Approve by 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 - 706 -8156 - Fax: 763 -706 -8151 20149 4519 TAYLOR ST NE Payan, Ernesto F10751 100 3428 Benjamin St. N.E. $ 150.00 Minneapolis, MN 55418 20160 1200 CIRCLE TERRACE BLVD NEAhriba, Suad Ali F10711 100 1340 Larpenter Avenue E $ 150.00 St Paul, MN 55109 20164- NC4000 HAYES ST NE Lysyj, Daria F10559 1042 150 2ND Street N.E. Unit #514 $ 150.00 Minneapolis, MN 55413 20173 4644 WASHINGTON ST NE Washington Street Homeowners Assoc. LLC F10627 1051 PO Box 32 $ 150.00 New Richmond, WI 54017 20173 4644 WASHINGTON ST NE Anderson, Will F10627 1042 4847 Lake Ave $ 150.00 White Bear Lake, MN 55110 20178 4420 MONROE ST NE McClellan, Duncan F10638 100 1767 18th Ave NW $ 150.00 New Brighton, MN 55112 20196 4532 FILLMORE ST NE Tohey, Joseph F10660 100 544 Summit Street N.E. $ 150.00 Columbia Heights, MN 55421 20206 4914 TYLER ST NE Sanford, Ron F10670 100 386 Lancasater Lane $ 150.00 Champlin, MN 55316 20248 4540 TYLER ST NE Hecker, Daniel F10697 100 11658 50th St N $ 150.00 Lake Elmo, MN 55042 20252 3915 VAN BUREN ST NE Trewartha, Robert F10696 100 5839 142nd Ave N.W. $ 150.00 Ramsey, MN 55303 20264 4600 4TH ST NE Wakeman, Larry F10532 100 4608 4th Street N.E. $ 150.00 Columbia Heights, MN 55421 01/05/2011 11 :36 Page 7 68 Copy of List of 2010 Rental Licenses to Approve by 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763-706-8156 - Fax: 763-706-8151 20268 OD451ST AVE NE Guardian Property Management F10613 70D Cleveland Avenue SVV Suite #1GD $ 150.00 1051 New Brighton, MN 55112 20268 8O451ST AVE NE Som/ieja, Bryan F10613 1324 Ottawa $ 150.00 100 � VV. St. Paul, yNN56118 20286 561 51ST AVE NE Witt & Sons Inc. F10694 353 South Owasso Blvd $ 150.00 1051 � Roseville, K8NG5113 28299 4655 POLK ST NE Cooper, Barbara F10883 PO Box 12O447 $ 150.00 100 St. Paul, K8NG5112 28320 1301 CIRCLE TERRACE BLVD NE E!ie, Steve F10735 452O Tower ST $ 150.00 100 Edina, MN 55424 30007 4417 UNIVERSITY AVE NE First Select Equities F10830 252U Coon Rapids B|vd #120 $ 160.00 � 1051 Coon Rapids, MN 55433 30009 4301 3RD ST NE W1BP, LLC F10767A 111O2 Aberdeen St. N£ Unit #D $ 160.00 1050 Blaine, MN 55449 30009 4301 3RD ST NE Juathan, Patrick F10767A 111O2 Aberdeen Street N.E. $ 160.00 1052 Blaine, MN 65449 30011 4255 3RD ST NE MBP, LLC F10674A 111O2 Aberdeen 8t N.E. Unit #D $ 160.00 St. 1050 Blaine, MN 55449 30011 4255 3RD ST NE Juetten, Patrick F10674A 11102 Aberdeen St. N.E. Unit #D $ 160.00 1052 Blaine, MN 55449 3OO15-NC3Q47 TYLER STNE Anderson, Eric F10665 3G13 Belden Dr. NE $ 150.00 100 St. Anthony, MN 55418 0I/05/201I I1:36 Page 8 69 Copy of List of 2010 Rental Licenses to Approve by u2n41m Avenue m.e ' Columbia Heights, ww os*u1' Ph: ren-7no-8/os' Fax: rau-ma-o1m 30034 2200 39TH AVE NE Midwest Management F18682B 750 Pennsylvanie Ave. S. $47U.00 1050 Minneapolis, MN 55426 30051 07O43 1/2 AVE NE New Concepts Mgmt F10413 57O7 Excelsior Blvd Attn: Toni $ 266.00 1040 St. Louis Park, MN 55416 3OU5D-NCGOO51ST AVE NE Chester, Anthony F10685 13OUSkywoud Court N.E. $ 160.00 100 Fridley, MN 55421 30062 4650 JOHNSON ST NE Equimax Real Estate, LLC F10890 1161 Wayzata Blvd #312 312 $ 356.00 1040 VVayzota, MN 55391 30062 4650 JOHNSON ST NE Modell, Paul F10699 3441 Shore Drive $ 356.00 100 Excelsior, MN 55331 30082 315 44TH AVE NE First Select Equities F10703 252O Coon Rapids Blvd. Suite #12O $ 160.00 1040 Coon Rapids, MN 55433 30102 4640 POLK ST NE Sekizovic, Maumer F10706 PD Box 21314 Apt #3 $ 188.00 100 Columbia Heighhy, MN 55421 30108 3746 STINSON BLVD NE Equimax Real Estate, LLC F10700 1161 Wayzata Blvd #12 312 $ 356.08 1040 Wayzata, MN 55391 30108 3746 STINSON BLVD NE Modell, Paul F10700 3441 Shore Drive $ 356.00 100 Excelsior, MN 55331 30109 3850 STINSON BLVD NE Northeast Seniors Housing Corporation F10704 341OVWnnedka Avenue N. Suite A $1070.00 1051 New Hope, MN 55427 30125 4425 UNIVERSITY AVE NE Lynde Investment Company, LLP F10533F PO Box 1S5O1 $24O.00 1050 Minneapolis, MN 55416 0I/85/201I 1I:36 Page 9 70 ;" si it** ize * ,+,. ro a s .� ''� sor ,t �� Copy of List of 2010 S 4, ;e Rental Licenses to w iCA Approve by 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 - 706 -8156 - Fax: 763 -706 -8151 30129 4621 UNIVERSITY AVE NE Knutson, Herb F10722 100 27749 Bay Shore Drive $ 248.00 Isanti, MN 55040 30147 3925 3RD ST NE HBG Group F10631A 1050 7800 Metro Pkwy Suite #300 $ 266.00 Bloomington, MN 55425 30147 3925 3RD ST NE Ertz, Greg F10631A 1052 7800 Metro Parkway $ 266.00 Bloomington, MN 55425 30150 4707 UNIVERSITY AVE NE Lynde Investment Company, LLP F10533D 1050 PO Box 16501 $ 248.00 Minneapolis, MN 55416 30154 4341 TYLER PL NE Chohan, Raees F10684 100 5300 Central Avenue N.E. $ 160.00 Fridley, MN 55421 30175 3806 STINSON BLVD NE Housing Plus F10720 1040 3522 Penn Avenue North $ 356.00 Minneapolis, MN 55412 30175 3806 STINSON BLVD NE Bryant Apartment Rentals, LLC F10720 1051 5065 Johnson Street N.E. $ 356.00 Columbia Heights, MN 55421 30177 3816 STINSON BLVD NE Housing Plus Inc. F10721 1040 3522 Penn Avenue N. $ 356.00 Minneapolis, MN 55412 30177 3816 STINSON BLVD NE Bryant Apartment Rentals LLC F10721 1051 5065 Johnson Street N.E. $ 356.00 Columbia Heights, MN 55421 30179 3826 STINSON BLVD NE Klum, Cynthia F10666 100 1314 W. Royal Oaks Dr. $ 356.00 Shoreview, MN 55126 30180 4715 UNIVERSITY AVE NE Lynde Investment Company, LLP F10533 1050 PO Box 16501 $ 248.00 Minneapolis, MN 55416 01/05/2011 11 :36 Page 10 71 Copy of List of 2010 Rental Licenses to Approve by 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763-706-8156 - Fax: 763-706-8151 30182 5121 UMVERSITY AVE NE Lynde Investment Company, LLP F10533A PO Box 1G5U1 $348.DU 1050 Minneapolis, K8N5541G 30184 5131 UNIVERSITY AVE NE Lynde Investment Company, LLP F10533B P{} Box 1S5O1 $248.0U 1050 Minneapolis, MN 55416 30502 4641 TYLER ST NE Anoka County CommuntyAction Program F10438D 1201 89th Avenue #345 $ 160.00 1050 Blaine, KUNSS434 340O2-NO4G55 5TH 8TNE C.H. Properties F10341 6260 Norwood Lane $ 150.00 1050 Maple Grove, MN 55369 34004 4305 2ND ST NE Fremling, Jennifer F10707 4305 2ND ST NE $ 150.00 100 Columbia Heights, MN 55421 34010-NC1733 37TH AVE NE Hassan, Badrul F10525 215E32ndSt $ 150.00 100 Minneapolis, MN 55408 Total # of Licenses 116 0I/05/20I1 11:36 Page 11 72 CITY COUNCIL LETTER Meeting of: January 10, 2011 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: f NO: DATE: January 5, 2011 BY: BACKGROUND /ANALYSIS Attached is the business license agenda for the January 10, 2011 Council meeting. This agenda consists of applications for Contractor licenses for 2011. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for January 10, 2011 as presented. COUNCIL ACTION: 73 TO CITY COUNCIL January 10, 2011 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2011 BLDG *M.A.I. Construction 1018 Grant Cir S, Anoka $60 *EquaBest Construction 301 E. Lake St, Mpls $60 *Kraus Anderson Const 525 So. 8 St, Mpls $60 Amego Glass 2900 17 Ave S, Mpls $60 *HO Soderlin P1 & Htg 3612 Cedar Ave S, Mpls $60 *Gilbert Mechanical 4451 W 76 St, Edina $60 *RM Mechanical 2534 Eastwood Ave SE, Buffalo $60 Kath HVAC 3096 Rice St, Little Canada $60 *Sayler Htg 3354 Humboldt Ave S, Mpls $60 *Nasseff Mechanical 122 S. Wabasha St, St Paul $60 *Associated Mechanical 1257 Marschall Rd, Shakopee $60 *Metropolitan Mech 7450 Flying Cloud Dr, Eden Pr $60 *Pierce Refrigeration 1920 2 Ave So, Anoka $60 *Egan Co. 7625 Boone Ave N, Brk Pk $60 *Larson Plumbing 3095 162 Ln, Andover $60 Peterson Pinney 4151 Coon Rapids Blvd, Coon Rap $60 *Kline Corp 4342 B Shady Oak Rd, Hopkins $60 Louis DeGideo 21033 Heron Way, Lakeville $60 *Modern Htg 2318 1 St, Mpls $60 Total Comfort 4000 Winnetka Ave n, New Hope $60 *Horwitz 4401 Quebec Ave N, New Hope $60 *Riccar Htg & AC 2387 Station Pkwy, Andover $60 *Joel Smith Htg & AC 13915 Lincoln St, Ham Lake $60 Edina Htg & Cooling 15753 Cedar Ridge Rd, Eden Prairie $60 Air Lake Plumbing 22905 Plateau Dr, Lakeville $60 AAA Lakeland Plumb & Htg 21371 Idaho Ave, Lakeville $60 *Roto Rooter Services 14530 27 Ave N, Plymouth $60 *Century Plumbing 590 Hayward Ave N, Oakdale $60 *Champion Plumbing 3670 Dodd Rd, Eagan $60 *Gene's S & W 3134 California St, Mpls $60 *Metro Utilties 9656 161 Ave NW, Elk River $60 Patricki Plumbing 3445 178 Ln NW, Andover $60 *Terry Overacker Plumbing 502 E Main St, Anoka $60 *P & D Plumbing 12756 Verdin St NW, Coon Rapids $60 *North Country Concrete 7040 143` Ave NW, Ramsey $60 *Arbortech Stump /Tree 6332 Rhode Island Ave, Brk Pk $60 *MN Tree Experts 7527 Oliver Ave N, Brk Pk $60 *Aaspen Tree Service 970 - Wayzata Blvd, Wayzata $60 *Wright Tree Service PO Box 1718, Des Moines, IA $60 74 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: January 10, 2011 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 137345 through 137715 in the amount of $ 1,212,884.21 . 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G. i riNNNNNNNNN rI )rl d'0'a'a'1010 Lc) 1000 Lip lOrN 0 W 0 i LQ 0 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: January 10, 2011 AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL NO: ma ITEM: 1st Reading of Ordinance 1588, being a BY Jeff Sargent, City Planner BY: Zoning Amendment as it Relates to Driveways. DATE: January 5, 2011 "` y . BACKGROUND: At this time, City Staff is proposing an ordinance change that would effect the setback and location requirements for residential driveways. After reviewing the Zoning Code, staff feels that the current language pertaining to setbacks should be amended to better reflect today's housing standards and uses of residential properties. The amendment would allow for driveways to be placed as close as one (1) foot from the side lot line for those lots less than 60 feet in width, and as close as three (3) feet from the side lot line for those lots greater than 60 feet in width. As part of this process, staff will also look into the possibility of requiring a building permit for the construction or reconstruction of future driveways. The justification is to enable staff to determine whether the placement of driveways on residential properties meets the minimum setback requirements, as well as allowing staff to better monitor the impervious surface area calculations for those properties located in the Shoreland Overlay Districts. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on January 4, 2011. The Planning Commission recommended approval of the Zoning Amendment with a 2 -1 vote at the meeting. RECOMMENDED MOTIONS: MOTION: Move to waive the reading of Ordinance No. 1588, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1588, for Monday, January 24, 2011, at approximately 7:00 p.m. in the City Council Chambers. Attachments: Draft Ordinance 1588 (1' Reading Format), P +Z Report COUNCIL ACTION : 87 DRAFT ORDINANCE NO. 1588 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO DRIVEWAYS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article 1, Section 9.106 (L) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (L) Off - street parking and loading. (7) Design and maintenance of parking facilities. Off - street parking facilities are subject to the following design and maintenance requirements: (g) Setbacks. Except for one -, two -, three- and four - family residential uses, parking lots and loading areas shall be subject to the same setbacks as a structure for the district in which such parking is located. One -, two -, three- and four - family residential uses are subject to the following setback requirements: 1. Residential lots platted prior to the effective date of this Code and having a lot width of sixty (60) feet or less, shall maintain a minimum side yard setback of one (1) foot in all districts. 2. Residential lots platted after the effective date of this Code or having a lot width greater than sixty (60) feet shall maintain a minimum side yard setback of three (3) feet in all districts. 3. The creation of a joint driveway use between adjoining property owners shall require a Conditional Use Permit. (h) Residential driveway locations. Driveways may only lead directly to, or be contiguous to driveways leading to, an attached or detached garage. (i) Minimum driveway widths. In all zoning districts, driveways shall be no less than twelve (12) feet in width. Chapter 9, Article I, Section 9.109 (E)(3)(g) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (E) R -1, Single Family Residential District. 88 (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -1, Single- Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (g) Joint driveway use between adjoining property owners. Chapter 9, Article I, Section 9.109 (F)(3)(j) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (F) R -2A and R -2B, Two - Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -2A and R -2B, Two - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (j) Joint driveway use between adjoining property owners. Chapter 9, Article I, Section 9.109 (G)(3)(o) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (G) R -3, Limited Multiple - Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -3, Limited Multiple- Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (o) Joint driveway use between adjoining property owners. Chapter 9, Article 1, Section 9.109 (H)(3)(q) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (H) R -4, Multiple- Family Residential District. 89 (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -4, Multiple- Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (q) Joint driveway use between adjoining property owners. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: January 10, 2011 Second Reading: January 24, 2011 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 90 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2011 -0102 DATE: January 4, 2011 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment Pertaining to Driveways PREPARED BY: Jeff Sargent, City Planner BACKGROUND At this time, City Staff is proposing an ordinance change that would effect the setback and location requirements for residential driveways. After reviewing the Zoning Code, staff feels that the current language pertaining to setbacks should be amended to better reflect today's housing standards and uses of residential properties. As part of this process, staff will also look into the possibility of requiring a building permit for the construction or reconstruction of future driveways. The justification is to enable staff to determine whether the placement of driveways on residential properties meets the minimum setback requirements, as well as allowing staff to better monitor the impervious surface area calculations for those properties located in the Shoreland Overlay Districts. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and reinvest in the housing stock to protect values and investment in the city. The proposed ordinance amendment would allow residents to have greater flexibility in the placement of driveways on their Tots, which would give opportunity to reinvest in their homes. ZONING ORDINANCE The proposed amendments made to the Zoning Ordinance would include language regarding the setbacks and locations of residential driveways within the city. The proposed changes include: 1. Residential Tots platted prior to the effective date of this Code and having a lot width of sixty (60) feet or less, shall maintain a minimum side yard setback of one (1) foot in all districts. 2. Residential Tots platted after the effective date of this Code or having a lot width greater than sixty (60) feet shall maintain a minimum side yard setback of three (3) feet in all districts. 3. The creation of a joint driveway use between neighboring property owners shall require a Conditional Use Permit. 91 City of Columbia Heights Planning Commission January 4, 2011 City of Columbia Heights, Driveways Case # 2011 -0102 4. Driveways may only lead directly to, or be contiguous to driveways leading to, an attached or detached garage. 5. In all zoning districts, driveways shall be no less than twelve (12) feet in width. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and reinvest in the housing stock to protect values and investment in the city. The proposed ordinance amendment would allow residents to have greater flexibility in the placement of driveways on their lots, which would give opportunity to reinvest in their homes. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would be effective for all residential properties within the city. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. Not applicable. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. Not applicable. RECOMMENDATION Staff recommends approval of the proposed Zoning Amendment. Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments • Draft zoning ordinance Page 2 92 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: January 10, 2011 AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL NO: ITEM: 1st Reading of Ordinance 1589, being a BY Jeff Sargent, City Planner :� Zoning Amendment as it Relates to Fences. DATE: January 5, 2011 BACKGROUND: Currently, city regulations pertaining to fences are located in two separate sections of the City BY Code. The first location is at Chapter 6, Article IV of the Municipal Code, which deals with building and construction standards. The second location is at Chapter 9, Article I, which is the Zoning Code. Staff feels that these two sections should be combined and located in one area of the City Code in order to make it easier for the general public to gather the necessary information when constructing a fence. The proposed ordinance change eliminates Code Section 6.401 from the code and transplants the pertinent information to Code Section 9.106. The current ordinance requires a "Special Fence Permit" for fences greater than 6'/2 feet in height, however the City of Columbia Heights does not have a process in place to approve such a permit. Instead, the proposed ordinance would require a Conditional Use Permit for any residential fence greater than six (6) feet in height. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on January 4, 2011. The Planning Commission recommended approval of the Zoning Amendment with a 3 -0 vote at the meeting. RECOMMENDED MOTIONS: MOTION: Move to waive the reading of Ordinance No. 1589, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1589, for Monday, January 24, 2011, at approximately 7:00 p.m. in the City Council Chambers. Attachments: Draft Ordinance 1589 (1 Reading Format), P +Z Report COUNCIL ACTION : 93 DRAFT ORDINANCE NO. 1589 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO FENCES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 6, Article IV, of the Columbia Heights City Code, is proposed to include the following additions and deletions: (A) No person, firm, partnership or corporation shall construct, or cause to be constructed, or erected within the city any fence six feet or higher without securing a permit therefore from the Building Official, who shall require submission of an application prior to issuance of a permit. (13) For purposes of this section, the following words shall have the meaning ascribed to them: FENCE. Any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure ofa permanent nature. FRONT YARD. Any portion within thc front yard Setbac PRIVACY FENCE. A fence more than 12 inches in height which is constructed in a manner so as to completely obstruct view from the property on which thc fcncc is located to the property immediately adjacent and on the opposite side of the fcncc. (C) The written applicatio - . • - :. • - _ e - - - . - • - . location of the proposed fcncc. (D) All boundary line fences shall be located entirely upon the private property of the person, • ::. ': - - . 'ng or causing the construction of such fcncc unless the owncr of the rfe-spective properties In the case of a property line dispute, the Building Official may require the owner of the property -upon which a fcncc now exists to cause to establish a boundary line of his similarly require any applicant for a fcncc permit to obtain a similar survey. However, the Building Official shall not become an arbitrator of boundary disputes between private persons. (A) Fence • • - • • . • - - workmanlike manner to withstand conditions of soil, weather and use, and of substantial material to be used. No previously used materials such as old bard boards or railroad ties may be used in any - - _ -- . - - , - . in-ing wall within the city. Minimum standards for construction of fences, freestanding walls and retaining walls shall be prescribed hereinafter. - (1) Galvanized or vinyl coated woven fa: '- - • -_ • - - • - 94 (2) Approved vinyl fencing materials. (3) Treated wood or wood of natural materials resistant to decay. facing the adjacent properties. (D) Retaining walls or freestanding walls shall be constructed in the following manner: (1) Retaining walls and cribbing shall be used to stabilize stce. .. - . . - - - -. (2) They shall be designed in accordance with sound engineering practice; including, but type, size and spacing. (3) Cribbed slopes shall be appropriately planted if open faced cribbing is used. a finished appearance to thc adjoining property where applicable. (5) With regard to measuring the permissible height of fences, which consist of or include retaining walls, terracing may not be used as a device to exceed the height limitations of this of the lowest span of wall or fence to the extent that it exc -- - - - - : . determining the height of a wall or fence under this chapter, and the said total of those measurements Shall be considered as the height of a single fence or wall hereunder. . _ . , (A) (1) Barbed wire fences shall not be permitted, used or constructed except in industrial districts and upon property uscd for public purposes. (2) Every fe - - . . . - - - - . - - • •- - . - . passage of this section shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or dangerous. state of disrepair or is dangerous shall repair said fence within 30 days after receipt of written notice to abate said condition by thc Building Official. (B) A six and one half foot high privacy fence may be constructed only within property lines and Shall not extend beyond the front corners of the main structure (ho. - . • - - - , - -- • . - • . - : one half feet would require a special purpose fence permit approved • - ' . • - - Commission and City Council. Inspecti : ' . . . - , .. - . .... • . . - . . (2) Any such fence to be constructed or maintained in the front yard (limited to 12 inches) or on a corner lot no construction shall be permitted i - - . . ' • - .. - • - - • . • • - : curb line shall be permitted within a triangular area as defin-- : • : = - • • - : t the intersection of the projected curb line of two intersecting streets ten 30 feet along one curb line, then diagonally to a point 30 feet from the point of beginning on thc other curb line then to point of beginning. The Building • his personal o: - . . - - . : to visibility. 95 front yard setback area up to the front corners of the main structure (house). (D) Fences for special purposes and fences differing in construction, height or Length may be Planning and Zoning Commission and approved by the Council upon proof and reasons submitted by the applicant and upon showing to said bodies that such special fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Notice of any application for any special applicant with proof of service filled with the Planning and Zoning Commission. Such special fence fence thereby permitted. Additionally, fences along any rear property lice which abut a pub -lic alley or street shall be no closer than three feet from said alley or street boundary line. (B) The use of fences in co - - • . • • .. - - - - - (1) If the applicant can prove to the satisfaction of the Council that a fence for security reasons is necessary above said permitted height, a fence not excccding 8 feet in height may be constructed along the rear, side and front lot lines provided that such fence exceeding 7 feet in height iJ constructed with a setback from the front property line of 20 feet. (2) Fences erected along -a property' line in common with any residential district shall be subject to the regulations herein set forth in the residential d• • , - - : • -• • - • ' - - : -- - arca 20 feet wide located 20 feet from the adjoining residential property line. (3) Fences located on commercial property and adjacent to residential districts shall be subject to the most r- • - : - - - - •= - - cemmercial regulation of the zoning ordinance. (C) The use of fences in industrial districts is subject to the following conditions: (1) Fences erected along a property line in common with any residential district shall be subject to the regulations herein set forth in the residential districts, and shall have a maintained green area 20 feet wide located 20 feet from the adjoining residential property line. (2) Such fences shall not be erected within the landscaped portion of the front yard of any industrial establishment. (3) ordinance of the city. Chapter 9, Article I, Section 9.106 (D) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.106 GENERAL DEVELOPMENT STANDARDS. (D) Fences. (4) General requirements. The following standards shall apply to all fences: 96 (a) Fences may be constructed, placed or maintained in any yard or adjacent to a lot line in accordance with the requirements of this section. (b) The owner of the property upon which the fence is located shall be responsible for locating all property lines prior to constructing said fence. (c) All fence posts and supporting members shall be placed within the property lines of the property on which they are located. (d) All fences shall be situated so that they can be maintained from within the property boundaries of the property on which they are located. (e) All fences shall be constructed so that the finished side or more attractive side of the fence faces the adjacent property or right -of -way. (f) All fences shall be constructed of durable, weather treated and rustproofcd materials. (f) Fences, freestanding walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited for the purpose for with the fence, freestanding wall or retaining wall is proposed to be used. No previously used materials may be used in any fence. All fences shall be constructed of the following approved fencing materials: 1. Galvanized or vinyl coated woven fabric — minimum 11% gauge, with two -inch minimum mesh, with knuckles up and cut edge down. 2. Approved vinyl fencing materials. 3. Treated wood or wood of natural materials resistant to decay. (g) Retaining walls or freestanding walls shall be constructed in the following manner: 1. Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. 2. They shall be designed in accordance with sound engineering practice; including, but not limited to, a minimum four -inch concrete footing of appropriate width and drains of appropriate type, size and spacing. 3. Cribbed slopes shall be appropriately planted if open -faced cribbing is used. 4. The retaining wall or freestanding wall shall be constructed in a manner that presents a finished appearance to the adjoining property where applicable. (g) (h) All fences shall be maintained and kept in good condition. Eh (i) Fence height shall be measured from the average grade to the top of the fence. In situations where a grade separation exists at the property line, the height of the fence shall be based on the measurements from the average point between the highest and lowest grade. 97 (j) Barbed wire, razor wire and electric fences shall not be permitted in any zoning district. However, barbed wire may be permitted in industrially zoned districts and property used for public purposes through a Conditional Use Permit process. (-i-) (k) Fences exceeding six (6) feet in height shall require a building permit from the city. (5) Residential fences. The following standards shall apply to all fences constructed in any residential zoning district or directly adjacent to any residential zoning district: (a) No fence shall exceed seven (7) feet in height. Fences exceeding seven (7) six (6) feet in height shall be deemed structures and shall require a Conditional Use Permit. (b) Fences along any rear property line that abut a public alley or street shall be located no closer than three (3) feet from said alley or street right -of -way. (c) It shall be the responsibility of property owners with fences within recorded city easements to remove such fence at any time when access to the recorded city easement would require the removal of said fence. ¢b-) (d) A fence extending across or into the required front yard setback shall not exceed 42 inches (3.5 feet) in height; however, fences that are less than 50% opaque may be up to 48 inches (4 feet) in height. (e) Fences exceeding six (6) feet in height shall require a building permit from the (6) Non - residential fences. The following standards shall apply to all fences constructed in any commercial or industrial zoning district: (a) No fence shall exceed eight (8) feet in height. Fences exceeding seven (7) feet in height shall be deemed structures and shall require a Conditional Use Permit. (b) A fence extending across or into the required front yard setback shall not exceed four feet in height.; however, fences that are less than 50% opaque my be up to 18 inches (1 feet) in height. (c) A fence required to screen a commercial or industrial use from an adjacent residential use shall not exceed eight feet in height or be less than six feet in height. In addition, said screening fence shall be no less than 80% opaque on a year round basis. (7) Fencing of play areas. For parks and playgrounds, either public or private and located adjacent to a public right -of -way or railroad right -of -way, a landscaped yard area no less than 30 feet in width, or a fence no less than 4 feet in height, shall be installed between the facility and the right -of -way. Chapter 9, Article I, Section 9.109 (E)(3)(h) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (E) R -1, Single Fancily Residential District. 98 (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -1, Single - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (h) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.109 (F)(3)(k) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (F) R -2A and R -2B, Two - Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -2A and R -2B, Two - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (k) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.109 (G)(3)(p) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (G) R -3, Limited Multiple- Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -3, Limited Multiple- Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (p) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.109 (H)(3)(r) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (H) R -4, Multiple - Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -4, Multiple - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (r) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.110 (D)(3)(t) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.110 COMMERCIAL DISTRICTS. (D) LB, Limited Business District. 99 (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (t) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.110 (E)(3)(s) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.110 COMMERCIAL DISTRICTS. (E) GB, General Business District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (s) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.110 (F)(3)(h) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.110 COMMERCIAL DISTRICTS. (E) CBD, Central Business District. (4) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (h) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.111 (D)(3)(i) and (j) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.111 INDUSTRIAL DISTRICTS. (D) I -1, Light Industrial District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the 1 -1, Light Industrial District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (i) Fences greater than seven (7) feet in height. (j) Barbed wire fences. Chapter 9, Article I, Section 9.111 (E)(3)(i) and (j) of the Columbia Heights City Code, is proposed to include the following additions and deletions, § 9.111 INDUSTRIAL DISTRICTS. (E) 1 -1, Light Industrial District. 100 (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the I -1, Light Industrial District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (i) Fences greater than seven (7) feet in height. (j) Barbed wire fences. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: January 10, 2011 Second Reading: January 24, 2011 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 101 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2011 -0103 DATE: January 4, 2011 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment Pertaining to Fence Regulations PREPARED BY: Jeff Sargent, City Planner BACKGROUND Currently, city regulations pertaining to fences are located in two separate sections of the City Code. The first location is at Chapter 6, Article IV of the Municipal Code, which deals with building and construction standards. The second location is at Chapter 9, Article I, which is the Zoning Code. Staff feels that these two sections should be combined and located in one area of the City Code in order to make it easier for the general public to gather the necessary information when constructing a fence. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and reinvest in the housing stock to protect values and investment in the city. The proposed ordinance amendment would make it easier for the general public to gather the necessary information when constructing a fence. ZONING ORDINANCE The following outlines the key aspects of the proposed ordinance change: 1. Chapter 6, Article IV of the Municipal Code would be deleted in its entirety. 2. The construction standards from Chapter 6, Article IV of the Municipal Code will be transferred to the Zoning Code. 3. Residential fences greater than six (6) feet in height will require a Conditional Use Permit. 4. Non - residential fences greater than seven (7) feet in height shall require a Conditional use Permit. 102 City of Columbia Heights Planning Commission January 4, 2011 City of Columbia Heights, Fence Regulations Case # 2011 -0103 5. Barbed wire fences will still be allowed in the industrial district, but will now require a Conditional Use Permit. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and reinvest in the housing stock to protect values and investment in the city. The proposed ordinance amendment would make it easier for the general public to gather the necessary information when constructing a fence. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would be effective for all properties within the city. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. Not applicable. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. Not applicable. RECOMMENDATION Staff recommends approval of the proposed Zoning Amendment. Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments • Draft zoning ordinance Page 2 103 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: January 10, 2011 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER APPROVAL, ITEM: Appoint 2011 Council BY Patty Muscovitz Pp January BY:/' President and approve 2011 DATE: Janua 5, 2011 DATE: Council /Staff Liaison Assignments NO: Nominations for Council President are at Council discretion. Attached is the recommended list of Council /City Staff assignments. MOTION: Move to appoint , as 2011 Council President. MOTION: Move to approve the recommended 2011 Council Staff Liaison Assignments. COUNCIL ACTION: h: \2011 president & liaisons 104 2011 COUNCIL /CITY STAFF ASSIGNMENTS (upon Council approval) Commission Telecommunications Commission Bruce Nawrocki Library Board Tami Diehm Park & Recreation Commission Gary Peterson Bobby Williams - alternate Planning & Zoning Commission Gary Peterson Bobby Williams - alternate Traffic Commission Donna Schmitt Suburban Rate Authority Bruce Nawrocki — delegate Public Works Director - alternate National League of Cities Gary Peterson — delegate Councilmembers — alternates League of Minnesota Cities Bruce Nawrocki — delegate Council /City Manager — alternate Association of Metropolitan Municipalities Bruce Nawrocki - delegate City Manager — alternate Rice Creek Watershed Advisory board Bobby Williams — delegate Kevin Hansen — alternate North Star Corridor Bruce Nawrocki Joint Law Enforcement Council Gary Peterson — delegate Chief of Police - alternate Youth Initiative Commission Bobby Williams Charter Commission Tami Diehm — delegate Gary Peterson - alternate Neighborhood Watch and Gary Peterson Citizen Emergency Response Team (CERT) Bobby Williams - alternate H /Boards & Commissions /2011 Council Liaisons 105