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HomeMy WebLinkAbout04/25/2011 Regular CITY OF COLUMBIA HEIGHTS Mavor Gary L. Peterson 590 40 Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Councilmembers Visit our website at: www.cicolumbia -heij hts.mn,us Robert A. Williams Bruce Nawrocki Tantmera Diehm Donna Schmitt City Manaker Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 pm on Monday, April 25, 2011 or immediately following the Board of Equalization, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763- 706 -3611, to make arrangements. (TDD /706 -3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Associate Pastor Dave Briley, Oak Hill Baptist Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Proclamation - May 2011 as Service Men and Women Month and Monday, May 1, 2011 as Marine Corporal Derek Goodridge Day P B. Proclamation - Building Safety Month p10 C. Proclamation - 2011 Community Prayer Breakfast p11 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 City Council meetings. MOTION: Move to approve the minutes of the April 1 I, 2011 City Council meeting. p12 MOTION: Move to approve the minutes of the April 11, 2011 Board of Appeal and p28 Equalization. B. Adopt Resolution 2011 -026 Authorizing Acceptance of Traffic Safety Award (Toward Zero p31 Death $2,000) MOTION: Move to waive the reading of Resolution 2011-026, there being ample copies available for the publics MOTION: Move to adopt Resolution 2011 -026, a Resolution Authorizing Acceptance of a 4 City Council Agenda Monday, April 25, 2011 Page 2 of 5 Traffic Safety Award. C. Approve transfer of funds for CHHS overtime, Detox transports and DWI enforcement grant p33 overtime from General Fund to Police Dept. Budget Overtime Line #1020 MOTION: Move to transfer the following from the General Fund to the Police Dept 2011 Budget, Overtime Line Item 1020: $840, the amount of money received from Anoka County as reimbursement for detox transports; $1,288.97, the amount of money received from the City of Blaine for DWI Grant Enforcement overtime; and $6,151.25, the amount of money received from Independent School District #13 for overtime details worked during boys and girls basketball games at CHHS. D. Enter into an agreement to receive bike racks from the Transit for Living Communities Grant p37 MOTION: Move to authorize the Mayor and City Manager to enter into an agreement to receive bike racks from the Transit for Living Communities grant awarded by Bike Walk Twin Cities funds, and enter into a Community Agreement with the City of Minneapolis, allowing Minneapolis to purchase the bike racks on the City of Columbia Heights' behalf. E. Accept reports (2) for a condition study of the MSC floor and authorize staff to seek bids p48 MOTION: Move to accept the MSC garage floor condition study report by Stork Twin City Testing and Floor Strengthening Report by SRF, and authorize staff to seek bids for concrete repairs and protective slab surface coating for the MSC main floor. F. Adopt Resolution 2011-027. being a resolution accepting bids and awarding the 2011 p 68 Miscellaneous Concrete Repairs and Installations, City Project 1 100 MOTION: Move to waive the reading of Resolution 2011-027, there being ample copies available to the public. MOTION: Move to adopt Resolution 2011 -027 being a Resolution accepting bids and awarding the 2011 Miscellaneous Concrete Repairs and Installations, City Project No. 1100, to Ron Kassa Construction, Inc., based upon their low, qualified, responsible bid in the amount of $39,264.70 with funds to be appropriated from Fund 212-51100-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. G. Approve final payment for 2009 street and alley improvement projects p71 MOTION: Move to accept the Engineer's report of final acceptance for the 2009 Street Improvement project, City project number 0902, and authorize final payment of $12,982.87 to C & L Excavating, Inc. of St. Joseph, Minnesota. H. Adopt Resolution 2011-030 being a Resolution ordering preparation of a report for 50th Avenue p74 turn lane, East of Central Avenue MOTION: Move to waive the reading of Resolution 2011 -030, there being ample copies available for the public. MOTION: Move to adopt Resolution 2011-030, being a Resolution ordering preparation of a report for a turn lane on 50th Avenue, east of Central Avenue. I. Authorize the Mayor and City Manager to enter into an agreement with Loffler Companies for p76 copiers, including a five year guaranteed maintenance and supply price, based on their low quote of April 1. 2011. MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Loffler Companies for copiers, including a five -year. 5 City Council Agenda Monday, April 25, 2011 Page 3 of 5 J. Approval of the attached list of rental housing licenses. p84 MOTION: Move to approve the items listed for rental housing license applications for April 25, 2011 in that they have met the requirements of the Property Maintenance Code. K. Approve Business License Applications p85 MOTION: Move to approve the business license agenda for April 25, 2011 as presented. L. Approve payment of the bills p 87 MOTION: Move to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check number 138628 through 138792 in the amount of $927,773.08. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. First Reading of Ordinance No. 1596, pertaining to the Primary Election; Ordinance No. 1597, p95 pertaining to Canvas of Elections; Ordinance No. 1598, pertaining to Receipts Go to the City Treasurer; and Ordinance No. 1599, pertaining to Emergency Debt Certificates in the City Charter. MOTION: Move to waive the reading of Ordinance Numbers 1596, 1597, 1598, and 1599, there being ample copies available to the public. MOTION: Move to schedule the second reading of Ordinance No. 1596, being an ordinance amending Chapter 4, Section 28a, of the Charter of the City of Columbia Heights pertaining to The Primary Election for May 9, 2011, at approximately 7 p.m. in the City Hall Council Chambers. MOTION: Move to schedule the second reading of Ordinance No. 1597, being an ordinance amending Chapter 4, Section 33, of the Charter of the City of Columbia Heights pertaining to Canvas of Elections for May 9, 2011, at approximately 7 p.m. in the City Hall Council Chambers. MOTION: Move to schedule the second reading of Ordinance No. 1598, being an ordinance amending Chapter 7, Section 70 of the Charter of the City of Columbia Heights pertaining to Receipts Go to City Treasurer for May 9, 2011, at approximately 7 p.m. in the City Hall Council Chambers. MOTION: Move to schedule the second reading of Ordinance No. 1599, being an ordinance amending Chapter 7, Section 74 of the Charter of the City of Columbia Heights pertaining to Emergency Debt Certificates for May 9, 2011, at approximately 7 p.m. in the City Hall Council Chambers. B. Adopt Resolutions 2011-023, 5128 -30 Washington Street N.E., 2011 -024, 4321 5th Street N.E., p101 and 2011 -025, 3723 Polk Street N.E., being Resolutions approving rental license revocation for failure to meet the requirements of the Property Maintenance Code. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2011 -023, 024, and 025 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2011 -023, 024, and 025 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. 6 City Council Agenda Monday, April 25, 2011 Page 4 of 5 C. 1st reading of Ordinance No. 1590 pertaining to weed removal, Ordinance No. 1591 pertaining p108 to public nuisance, and Ordinance No. 1592 pertaining to property maintenance. MOTION: Move to waive the reading of Ordinance No. 1590, Ordinance No. 1591, and Ordinance No. 1592, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1590, for Monday May 9, 2011, at approximately 7:00 pm in the City Council Chambers. MOTION: Move to set the second reading of Ordinance No. 1591, for Monday May 9, 2011, at approximately 7:00 pm in the City Council Chambers. MOTION: Move to set the second reading of Ordinance No. 1592, for Monday May 9, 2011, at approximately 7:00 pm in the City Council Chambers. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) 2nd Reading of Ordinance 1593. being a Zoning Amendment as it relates to LED Signage. p125 MOTION: Move to waive the reading of Ordinance No. 1593, being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1593, being an ordinance amending Ordinance No. 1490 City Code of 2005, relating to LED, Dynamic, and other signage within the City of Columbia Heights. 2) 2nd Reading of Ordinance 1594, being a Zoning Amendment as it relates to Fences. p146 MOTION: Move to waive the reading of Ordinance No. 1594, being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1594, being an ordinance amending Ordinance No. 1490 City Code of 2005, relating to fences within the City of Columbia Heights. 3) 2nd Reading of Ordinance 1595, being a Zoning Amendment as it relates to Animal Shelters. MOTION: Move to waive the reading of Ordinance No. 1595, being ample copies available to p163 the public. MOTION: Move to adopt Ordinance No. 1595, being an ordinance amending Ordinance No. 1490 City Code of 2005, relating to animal shelters and kennels within the City of Columbia Heights. B. Bid Considerations 1) Adopt Resolution No. 2011 -28, being a resolution accepting bids and awarding a contract for 2011 Street Rehabilitation Project p169 MOTION: Move to waive the reading of Resolution 2011 -028, there being ample copies available to the public. MOTION: Move to adopt Resolution 2011 -028 being a resolution accepting bids and awarding the 2011 Street Rehabilitation, City Project No. 1102 including Alternate I for unit priced residential driveway construction to C & L Excavating of St Joseph, Minnesota based upon their low, qualified responsible bid; in the amount of $981,304.05 plus Alternate 1 with funds to be appropriated from Fund 415 -51102 -5185; and, furthermore, to authorize the Mayor and City 7 City Council Agenda Monday, April 25, 2011 Page 5 of 5 Manager to enter into a contract for the same. 2) Adopt Resolution No. 2011 -029, being a Resolution accepting bids and awarding a contract for Ramsdell Park Improvement Project p173 Motion: Move to waive the reading of Resolution 2011 -029, there being ample copies available to the public. Motion: Move to adopt Resolution 201 1 -029 being a resolution accepting bids and awarding the Ramsdell Park Improvements, City Project No. 1106 to C. Mogren, Inc of Hugo, Minnesota based upon their low, qualified responsible bid; in the amount of $262,711; plus Alternates Al- All, and A14 -A17 in the amount of $146,119; with funds to be appropriated from Fund 412- 51106 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. C. New Business and Reports 1) Accept City Hall Boiler Report and authorization to seek bids for Replacement of the HVAC Boiler System at City Hall p178 MOTION: Move to accept the City Hall Boiler Report prepared by Bonestroo, appropriate an additional $40,000 in the Capital Improvements General Government Buildings Fund 411 for the project; and authorize staff to seek bids for the replacement of the HVAC boiler system serving City Hall. 2) Auto Auction - discussion S. 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 Li fda L. Magee, Acting Ci y,,/M. nager LLM /pvm 8 PROCLAMATION MAY 2011 SERVICE MEN AND WOMEN MONTH AND SUNDAY, MAY 1, MARINE CORPORAL DEREK GOODRIDGE DAY WHEREAS, the City of Columbia Heights has always honored the sacrifice of the men and women in the Armed Forces, and; WHEREAS, our service members continue in their duty to protect and serve us, despite harsh and unstable conditions, and; WHEREAS, Marine Corporal Derek L. Goodridge, was seriously injured in his fifth month of duty in Afghanistan on February 3, 2011. While on patrol, he suffered extensive injuries from an IED explosion, and; WHEREAS, Corporal Goodridge is a 2006 graduate of Columbia Heights High School, that played on the football and baseball teams from 2002 through 2006, and; WHEREAS, in 2006 Corporal Goodridge left a close knit devoted family and his son, to fulfill his dreams of becoming a Marine and to fight for his country, and; WHEREAS, following multiple surgeries, Corporal Goodridge, has now begun his long rehabilitation journey, and; WHEREAS, on May 1, 2011 at Murzyn Hall there will be a benefit in honor of Corporal Goodridge to show appreciation for his service and sacrifices, support his recovery, and raise funds to assist his needs, and; WHEREAS, the people of Columbia Heights wish that Corporal Goodridge's sacrifice, and the sacrifice of all of our service men and women, never be forgotten. NOW THEREFORE, I, Gary L. Peterson, Mayor of the City of Columbia Heights, do hereby proclaim: MAY 2011 as SERVICE MEN AND WOMEN MONTH and Monday, May 1, 2011 as MARINE CORPORAL DEREK GOODRIDGE DAY IN TESTIMONY THEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the City of Columbia Heights in the State of Minnesota this 25 day of April, 2011. Mayor Gary L. Peterson 9 Proclamation Building Safety Month — May, 2011 Whereas, our state's continuing efforts to address the critical issues of safety, energy efficiency and sustainability in the built environment that affect our citizens, both in everyday life and in times of natural disaster, give us confidence that our structures are safe and sound, and; Whereas, our confidence is achieved through the devotion of vigilant guardians — building safety and fire prevention officials, architects, engineers, builders, laborers and others in the construction industry—who work year -round to ensure the safe construction of buildings, and; Whereas, these guardians— dedicated members of the International Code Council — develop and implement the highest - quality codes to protect Americans in the buildings where we live, learn, work, worship, play, and; Whereas, the International Codes, the most widely adopted building safety, energy and fire prevention codes in the nation, are used by most U.S. cities, counties and states; these modern building codes also include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes, wildland fires and earthquakes, and; Whereas, Building Safety Month is sponsored by the International Code Council and International Code Council Foundation, to remind the public about the critical role of our communities' largely unknown guardians of public safety—our local code officials —who assure us of safe, efficient and livable buildings, and; Whereas, "Building Safety Month: Commemorating a 31 -year Legacy of Leadership," the theme for Building Safety Month 2011, encourages all Americans to raise awareness of the importance of building safety; green and sustainable building; pool, spa and hot tub safety; and new technologies in the construction industry. Building Safety Month 2011, encourages appropriate steps everyone can take to ensure that the places where we live, learn, work, worship and play are safe and sustainable, and recognizes that countless lives have been saved due to the implementation of safety codes by local and state agencies, and, Whereas, each year, in observance of Building Safety Month, Americans are asked to consider projects to improve building safety and sustainability at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments and federal agencies in protecting lives and property. NOW, THEREFORE, I, Gary L. Peterson, Mayor of the City of Columbia Heights, do hereby proclaim the Month of May, 2011, as Building Safety Month. Accordingly, 1 encourage our citizens to join with this community in participation in Building Safety Month activities. Mayor Gary L. Peterson Week 1 I May 1 -8 I Energy & Green Building Week 2 I May 9 -15 I Disaster Safety & Mitigation Week 3 1 May 16 -22 I Fire Safety & Awareness Week 4 I May 23 -31 1 Backyard Safety 10 tf PROCLAMATION COLUMBIA HEIGHTS COMMUNITY PRAYER BREAKFAST COLUMBIA HEIGHTS, MINNESOTA WHEREAS, in 1952 an event was inaugurated by leadership groups in the United States Senate and the House of Representatives and, WHEREAS, a voluntary committee of citizens has joined together in celebration of Columbia Heights to sponsor the Columbia Heights Community Prayer Breakfast, and WHEREAS, it shall be proclaimed "A Day of Personal Rededication in Columbia Heights," calling upon all citizens to join in quiet reverence and dedication as stated in the Declaration of Independence: "We hold these truths to be self-evident; that all men are created equal; they are endowed by their Creator with certain unalienable rights; that among these are life, liberty and the pursuit of happiness; that to secure these rights, governments are instituted among men..." NOW, THEREFORE, I, Gary L. Peterson, Mayor of Columbia Heights, do hereby proclaim Wednesday, May 11, 2011, as the date of the Columbia Heights Community Prayer Breakfast. Gary L. Peterson, Mayor :ref - 4 ,3 c4the ,, li*aW:,, , FSNV,VSr'eAVQrttf!itidrfgVS 4 ' 'fritirAr N-40,,, okevnov --k ali13 1, x7 11 O1114'ICLAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, APRIL 11, 2011 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, April 11, 2011 or immediately following the Board of Equalization in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Mayor Peterson called the meeting to order at 7:15 p.m. Invocation by Senior Pastor Dan Thompson, Columbia Heights Assembly of God Church. Present: Mayor Peterson, Council member, Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to report on a meeting he attended and has an item for the City Manager's report. Peterson indicated this would be addressed under 7C. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Presentation - Toward Zero Deaths Challenge Grant Award Bob O'Brien, Traffic Safety Liaison for the Minnesota Office of Traffic Safety Programs,. presented the Columbia Heights Police Department with the second place award for the Toward Zero Deaths Challenge. This challenge reduces crime, crashes, and calls for service. The $2,000 award is for participation in education and working with the community. He indicated appreciation for our Police Department and the great job they do. Nawrocki questioned the criteria for the program. O'Brien stated it is for traffic safety, reduction in crashes, and citizen education. This department competed against some of the biggest departments in the state. Police Chief Scott Nadeau stated that O'Brien is our liaison and he is a great advocate that helps us obtain extra enforcement money and task force funds. He was very helpful assisting us in this complicated grant application and extended our thanks to Mr. O'Brien. Peterson introduced the new Anoka County Sherriff, James Stewart. Stewart indicated his pleasure to meet the Council members. He stated he is striving to reach new levels of collaboration and cooperation, and the partnership with Chief Nadeau has been stellar. He stated his interest to continue to raise the bar in our partnership. Peterson introduced Tony Palumbo, County Attorney. Palumbo indicated his pleasure to work with our City Council and Police Department. Palumbo referred to the new County project he will discuss to include cooperation with all cities. Peterson also introduced County Commissioner Jim Kordiak. He indicated his pleasure to be present. B. Adopt Resolution 2011-16, being a Resolution Supporting a County -Wide Integrated Public Safety Information System and Supporting the Expansion of the Public Safety Bonding Authority as Provided by Minnesota State Statute 383E Nadeau indicated that Sherriff Steward, County Attorney Palumbo, and Kate McPhearson of the County Attorney's office are present to request support of an integrated public safety information 12 City Council Minutes Monday, April 11, 2011 Page 2 of 16 system for police, fire, and dispatch. Palumbo stated he is also the Chair of the Joint Law Enforcement Council, which promotes and collaborates the needs of Anoka County citizens. He referred to the cooperation that accomplished the 800 MHz system. Palumbo played a video which showed the need for this system and the need for non - financial local government support. The system cost will be between $3 and $3.5 million and the request tonight is for support as this goes through the Legislature. Nawrocki referred to his time on the board and the changes in technology since then. Motion by Nawrocki, second by Diehm, to waive the reading of Resolution 2011 -16, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution 2011-16, a Resolution Supporting a County -wide Integrated Public Safety Information System, and Supporting the Expansion of the Public Safety Bonding Authority provided by Minnesota State Statute 383E as outlined in House File 429 and Senate File 275. Schmitt asked if this is just for Anoka County or the entire state. Palumbo stated that only Anoka County has joint law enforcement. Diehm indicated this would be a separate item on tax statements. Upon vote: All ayes. Motion carried. C. Proclamation National Library Week - April 11 - 16, 2011 Mayor Peterson read the National Library Week proclamation and presented it to Becky Loader, Library Director. Loader accepted the proclamation and introduced Library Board members President Pat Sowada, Barb Tantenalla, and Katheryn Vesley. Sowada distributed a handout on things to do at the library. Vesley indicated that the Library Foundation has been raising funds for a new library and their next fundraiser is a collaboration with Linder's Garden Center. 15 percent of funds spent will be donated to the Foundation. She thanked Diehm for being the Council representative on the Library Board. Tantenalla spoke on the upcoming library program called "Live at the Library". Peterson thanked them for their hard work and stated that a new Library Board member would be appointed tonight. D. Proclamation National Arbor Day April 29, 2011 and Arbor Month May, 2011 Mayor Peterson read the National Arbor Day /Month Proclamation. Kevin Hansen, Public Works Director, accepted the proclamation and indicated it would be posted on the internet and cable TV to promote the planting location. CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items. Peterson removed item H for discussion. Nawrocki requested to remove items C, F, G, and 1 for discussion. A. Approve minutes of the March 28, 2011 City Council meeting Move to approve the minutes of the March 28, 2011 City Council meeting. B. Accept Board and Commission minutes Move to accept the minutes of the March 2, 2011 Library Board of Trustees 13 City Council Minutes Monday, April 11. 201 I Page 3 of 16 C. Adopt Resolution 2011-022 Approving Joint Powers Agreement with Minnesota Bureau of Criminal Apprehension - removed D. Approve Transfer of Public Safety Building Range Rental Fees to be Used for Range Maintenance Move to transfer $2,200 of monies received in Public Safety Building Range rental fees to the Police Department's General Supplies line item 101.42100.2171. These funds will be used to purchase filters necessary for range maintenance. E. Approve Transfer of Funds for JAG I Grant Overtime Reimbursement. Unique Thrift Overtime Details, Safe and Sober, and AHDTF Overtime from General Fund to Police Dept Overtime Line Item #1020 Move to transfer the following from the General Fund to the Police Department 2011 Budget, Overtime Line Item 1020: $4,782.75, the amount of money received from Anoka County as reimbursement for overtime under the JAG I grant; $5,966.25, the amount of money received from Unique Thrift for overtime details; $1,544.59, the amount of money received from Coon Rapids, the grant administrator for the Safe and Sober program; and $2,000. the amount of money received from Anoka County as partial reimbursement for the department's AHDTF Officer. F. Anoka County Connectivity Services Agreement - removed G. Approve appropriation of funds and authorize a contract with EDS Builders for security renovations at City Hall — removed H. Adopt Resolution 201 1 -15, being a Resolution establishing City Rates for Yard Waste Carts - removed I. Acceptance of Bids and Award of Contract to Master Mechanical for HVAC Improvements at the Library and Public Works - removed J. Approval of the attached list of rental housing licenses. Move to approve the items listed for rental housing license applications for April 11, 2011 in that they have met the requirements of the Property Maintenance Code K. Approve Business License Applications Move to approve the items as listed on the business license agenda for April 11, 2011 as presented. L. Approve payment of the bills Move to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check number 138512 through 138627 in the amount of $416,069.33. Motion by Diehm, second by Nawrocki, to approve the Consent Agenda items except for items C, F, G, H, and 1. Upon vote: All ayes. Motion carried. C. Adopt Resolution 2011-022 Approving Joint Powers Agreement with Minnesota Bureau of Criminal Apprehension Motion by Diehm, second by Williams, to waive the reading of Resolution 2011-022, there being ample copies available for the public. Upon vote: All ayes. Motion carried. 14 City Council Minutes Monday, April 11, 2011 Page 4 of 16 Motion by Diehm, second by Williams, to adopt Resolution 2011 -022, a Resolution Approving State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension Joint Powers Agreements with the City of Columbia Heights on Behalf of its City Attorney and Police Department. Chief Nadeau stated this allows us to enter into an agreement with the Bureau of Criminal Apprehension to transact business with them and use their data base. This is an extension of an existing agreement. The cost remains the same and is part of the budget. Upon vote: All ayes. Motion carried. F. Anoka County Connectivity Services Agreement Motion by Diehm, second by Williams, to authorize the Mayor and. City Manager to enter into a Connectivity Services Agreement with Anoka County for broadband services. Fehst stated that our current connectivity is through our Comcast franchise; however, the county has received a grant to engage all public buildings in the county. There would be an ongoing cost to the city, but no fees at this point. Bill Elrite, Finance Director, gave the history on the installation of a fiber optic network that would connect Anoka County public buildings. It will be installed in six of our city buildings. We have a soft cost of providing space to place the equipment and will only be charged if we sign up for the service. We are covered for the next five years under Comcast, but would then have the option of the Zale service. We may connect the Public Safety Building to the criminal system at a cost of $75 a month. Nawrocki questioned if they could spread this out to other points. Fehst stated we would be a silent partner, and if this was sold to the private sector they would pay for the storage space. There is the liability question of them entering our building. They have met all the basic requests of the City Attorney. Nawrocki stated that in the future there may be two high speed internet options in Columbia Heights. He asked where the lines would be run. Fehst stated that most of ours lines would be on poles. Schmitt asked if this would be a duplication of service or if there would be a difference. Elrite stated this would be higher speed internet than provided by Comcast or DSL phone service. It is more of a business service. Upon vote: All ayes. Motion carried. G. Approve appropriation of funds and authorize a contract with EDS Builders for security renovations at City Hall. Motion by Diehm, second by Williams, to re- appropriate the $100,000 that was in the adopted 2010 budget for security renovations at City Hall for the expenses of the 2011 security renovation project. Upon vote: All ayes. Motion carried. Motion by Peterson, second by Diehm Move to authorize the Mayor and City Manager to enter into a contract for renovations at City Hall with EDS Builders, based on their formal bid of Monday, March 28, 2011, and security quote of Case and Associates and LBP Service and Construction based on their formal quote of March 25, 2011. Fehst stated that we are recommending the low bid for the general improvements, mechanical improvements, and the security improvements at city hall for a total of $94,211.64. The appropriation from the 2010 budget would be used to fund this. 15 City Council Minutes Monday, April 11, 2011 Page 5 of 16 Nawrocki questioned appropriating more than the bid amount. Fehst indicated that the City Hall boiler is also in need of replacement. Fehst stated this would move the utility billing /collection employees to the old fire department office on the first level of City hall, allowing entrance to the building from Mill Street. There would be security improvements for passage to the second floor where people would sign in, receive a visitor's badge and then be able to reach the second floor. Access to the council chambers will be available at all times. Nawrocki stated that if a resident parked on 40 Avenue they would have to walk around to Mill Street to enter. Diehm stated the intent is to separate the access and track the comings and goings, not to restrict the public from meeting with staff. This recommendation comes from the past and present police chiefs. Diehm indicated her support of the project. Nawrocki stated he was not in favor of this as it would make it more cumbersome for citizens to do their business at city hall. There is an advantage to moving bill payments to the lower level. This is a lot of money and we have other debt. Williams called for the question. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, abstain. 3 ayes, 1 nay, 1 abstention. Motion carried. Peterson asked if there was latitude once we are into the project to leave something out. Fehst stated that the plan is not set in stone. Peterson questioned specific heating system improvements for the lower area. Fehst stated that if the improvement can be done for less, we can do that. H. Adopt Resolution 2011-15, being a Resolution establishing City Rates for Yard Waste Carts Motion by Diehm, second by Schmitt, to waive the reading of Resolution 2011 -15, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2011 -15 being a resolution setting the rates for residential yard waste carts in the City of Columbia Heights; and further that the service incurs an annual obligation to pay one full year's worth of charges. Williams stated this is voluntary, not mandatory. Hansen stated it is a follow up to a resident request for wheeled carts. This resolution will amend the contract and set the rates. It is a subscription service only, for properties that want it. Only eight people have requested the service. Diehm repeated that this is the city being responsive to a resident request, following the State requirement of the more expensive biodegradable yard waste bags. Schmitt asked if residents can use a regular garbage can. Fehst stated that if the can is too heavy it may not be picked up. Nawrocki questioned the resident being billed over the whole year and pick up is only during the nice weather months. Hansen stated that yard waste is picked up April through November. Nawrocki asked if the cart could be removed for the four months. Hansen stated it could be picked up during that time. Upon vote: All ayes. Motion carried. I. Acceptance of Bids and Award of Contract to Master Mechanical for HVAC Improvements at the Library and Public Works Motion by Diehm, second by Williams, to award the contract for 2011 HVAC Improvements to 16 City Council Minutes Monday, April 11, 2011 Page 6 of 16 Master Mechanical, based upon their low, qualified, responsible total bid of $65,700, and accept alternates la in the amount of $5,400 and lb in the amount of $5,700 for a total contract award of $76,800; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Nawrocki questioned why there were only two bids. Hansen indicated that four companies contacted us that they would not be bidding because of the reporting requirements tied to the federal funding. The engineer's estimate was $64,000 for the base bid. The high bidder did make a major mistake on their bid, but indicated that even with a correction they still would not have been the low bid. The total for both boilers is $65,700 with alternates for energy efficiency improvements of $11,100. The alternates will allow night setback for energy savings and replacing the wood radiator covers with metal for additional energy savings. Hansen stated the grant is for $42,000 with a 50/50 cost share. Our portion will come from the general government building funds. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2011-017, 965 40th Avenue N.E., Apt. #801. 2011-018. 965 40th Avenue N.E., Apt. #806 being declarations of nuisance and abatement of violations within the City of Columbia Heights. Fire Chief Gary Gorman stated these units were identified during the annual inspection of Parkview Villa. They are cluttered units and we are working with Common Bond to get the tenants to clean them to a safe level. We have received search warrants and request abatement if they do not clean the units on their own. The sprinkled units are not designed for this type of fire load. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2011 -017 and 2011 -018 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution Numbers 2011 -017 and 2011 -018 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. B. Adopt Resolutions 2011-019, 2011-020, and 2011 -021, being Resolution for the Approval of a Preliminary Plat, Final Plat, and Site Plan for 5025 Central Avenue. Jeff Sargent, City Planner, indicated this request is for a 17,800 foot grocery store at the former Denny's and ice cream store site. The plans meet our requirements, however there were some concerns regarding traffic generated at 50 and Central Avenue. MnDot is scheduled to redo this turn lane in 2012 or 2013. Nawrocki requested to hear comments from the Planning and Zoning Commission (P &Z) members. Sargent indicated their questions on stripping the 50 and Central Avenue turn lane. They did not have concerns with the use of the property. Resident concerns were of additional traffic on Tyler and safety of the children in the area. Nawrocki stated that Jimmy John's delivery vehicles park on the street rather than in the parking lot. He pointed out the possible use of the other exits if heading north from the store and suggested no parking along that part of 50 Avenue. Sargent showed maps of the current layout and recommended intersection. Hansen stated that MnDot plans to add a turn lane, but reconstruction of the traffic signal would be a local cost. An improvement would be similar to the liquor store across the street. 17 City Council Minutes Monday, April 11, 2011 Page 7 of 16 Nawrocki questioned the legality of which lane to pull into when leaving the parking lot. Hoeft stated that it would not be a problem and they can pick their lane when they come out of the lot. Sargent stated that we required the dedication of that lane for future use, but the question is whether to do this during construction or wait and see if there is a traffic problem. Nadeau stated that if it is similar to the liquor store, we do not anticipate a problem. Nawrocki stated there are not official lanes. Hansen indicated there currently is not enough room for three lanes; we would have to put in a turn lane and change the stoplights to accommodate the turn lane. Todd Hansen, 4918 Tyler, stated there is no way that the intersection as it is now situated will work. Let the business come in, but this intersection is dangerous. There are three lanes used at this point. He stated his concern is for the people on Tyler as people will not go out on 50 but will go around to 49 instead. He requested there be no Aldi construction traffic in the residential area and also consideration for permanent no through traffic signs. There are 15 children in this area. Lee Stauch, 1 155 Khyber Lane, expressed concern that cars will stacked at the intersection. He stated the need for four lanes at that intersection and that Aldi dedicate the land and pay for the roadwork. Peterson stated that this is a commercial site. There is a 10 foot area dedicated for the turn lane. Staff will work with Aldi and other businesses on this. He referred to the same concerns when Sonic was built, but it has been just fine. Aldi's is not jam packed, but a consistent flow of traffic. Peterson stated his pleasure to see them come into our community. The vacated building was not very nice and will come down. Nawrocki questioned who owns the service road that will be closed off. Hansen stated it was privately maintained and will be closed off. Schmitt stated she would like to see a "legal" third lane and felt four lanes would be too many. Hansen stated the proper way would be to handle this internally and look at the surrounding areas for assessment. Staff would return with formal resolutions and initiate the process for a feasibility report. Schmitt requested it be similar to the one by the liquor store. Diehm requested to hear from the Aldi representative. Andy Brandel, 1 &S Group and consultant for Aldi, stated he is present for the approval of the site plan. The city did ask Aldi to provide an easement for future turn lane. It was not required, but Aldi did so and it will be recorded on the plat after approval. Traffic concerns are the city's responsibility, and we cannot say what affect our project will have on this corner. We have moved entrances over and eliminated the frontage road to ease traffic. We want to give customers the most options possible. Deliveries will cone in on the north side. Diehm stated that the Council is open to concerns of the neighbors and referred to the extent other businesses are responsible for current traffic issues. She suggested Aldi place signs to direct their delivery trucks. Brandel indicated they have their own trucks and properly direct them to the delivery area. Nawrocki questioned if Aldi would be willing to put in the right turn lane as part of their construction. Brandel stated that is not something they would be willing to put forth and it would have to go back to Aldi Corporate. Nawrocki asked if they would agree to be assessed for the project. Ryan Stemmons, Aldi Director of Real Estate, indicated that they are willing to work with the 18 City Council Minutes Monday, April 11, 2011 Page 8 of 16 city or MnDot regarding additional access to make the area as safe as possible. Assessing is out of our hands. We felt we were fair offering the easement as opposed to donating the property. As for being willing to pay for the road, it would have to go to corporate and could jeopardize the project. Nawrocki stated that the turn lane would only be needed for Aldi's. Stemmons disagreed as citizens use it and there are other commercial businesses that use that access as well. Stemmons indicated that this may increase business for Jimmy John's and asked if it is fair for Aldi's to pay for a road that increases Jimmy John's business. Schmitt relayed a question Adam Davis asked if there would be a future office building to the east could a road be added to the back side. Nawrocki stated that is the access for that building. Peterson stated that this seems to be looking for problems. We have anxiously waited for Aldi's. There were previously restaurants at this site and the accesses were bad. This will be better. He again referred to the assumed Sonic problem that never materialized. He only expects them to be a good neighbor. We should be welcoming them. If it becomes a problem, they have given us an easement. Peterson stated that Stemmons spoke to residents after the P &Z meeting and they will work with them during construction and with their transportation companies. We will work to satisfy the residents. Diehm also welcomed Aldi to the community and asked for a quick overview of the company. Stemmons indicated that Aldi has been active for over 30 years, with over 1,000 stores in over 30 states. The hours are 9:00 a.m. to 8:00 p.m. and 10:00 a.m. to 6:00 p.m. on Sunday. They are closed on holidays, Stemmons indicated their excitement to come to Columbia Heights. Schmitt again stated that she would like to see a turn lane like the other side of the street at the liquor store. She suggested Tyler Street prohibit delivery trucks rather than all traffic; trucks would be easier to regulate. Diehm stated that as part of the recommendation we could ask the Traffic Commission to look at Tyler Street and what type of signage might be appropriate, whether it is no through traffic or no delivery vehicles, and have them seek input from area residents as well as the recommendation to look at restricting parking on 50 If we are interested in an additional turn lane, it would be appropriate for staff to come back to us with proposals. If it is something we would want to coordinate with construction, we need to look at how to do that, whether it is through a 429 process or something else. Public Works could bring this forward. Schmitt questioned what the turn lane cost was at the liquor store site. Motion by Diehm, second by Williams, to waive the reading of Resolution 2011 -019, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2011 -019, approving the Preliminary Plat for the Aldi Addition, subject to the conditions outlined in Resolution No. 2011- 019. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to waive the reading of Resolution 2011 -020, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams to adopt Resolution No. 2011-020, approving the Final Plat for the Aldi Addition, subject to the conditions outlined in Resolution No. 2011-020. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams to waive the reading of Resolution 2011 -021, there 19 City Council Minutes Monday, April 11, 2011 Page 9 of 16 being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams to adopt Resolution No. 2011 -021, approving the Site Plan for the Aldi Grocery Store located at 5025 Central Avenue, subject to the conditions outlined in Resolution No. 2011 -021. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. 1st Reading of Ordinance 1593, being a Zoning Amendment as it relates to LED Signage. Sargent referred to the ordinance passed in 2008 which prohibited flashing signs, the restriction of signs to not change more than once every 10 minutes in a business district and once every 30 minutes in a residential district, and the 8 foot height limit for a monument sign. Suggested changes increase monument size from 8 to 10 feet, maximum size from 40 square feet to 50 square feet, increase the LED portion of the monument sign from 50% to 60 %, increase the frequency for LED displays from once every 10 minutes to once every 10 seconds for commercial /industrial districts and from once every 30 minutes to once every 10 minutes for all other districts. Sargent stated that staff recommended the 10 second sign change and the Planning and Zoning Commission recommended a one minute sign change limit. Sargent indicated that similar communities were surveyed for the time change limit they allow. These changes would be a 25 percent increase over what is allowed by our design guidelines. This is consistent with the Comprehensive Plan to allow viability of our community. Fehst stated this was asked on behalf of our liquor store and the sign at city hall. The sign at city hall must be changed by hand and is a safety hazard. We are looking at a sign similar to St. Anthony with simple red dots. Their sign changes every 10 seconds and is not garish. As for the liquor store, these signs are the way of the future and for the expense we should use them as intended. We could live with one minute, but 10 seconds would not be unreasonable. Fehst asked what the DOT does. Sargent stated that highway signs change once every 10 seconds. Peterson indicated comments at the P &Z meeting that people miss information because the sign is too slow. We should relax the ordinance as we want to draw in people and businesses. Peterson agreed with the 10 second change. Diehm indicated it is in our favor to support our businesses. Going from 10 minutes to one minute is a significant change. Schmitt agreed that the 10 second change is just fine. She has seen this in other cities and it is a fair example of what is appropriate. The limited business district was discussed. Sargent stated it would allow change once every 1 min and once every 10 minutes for churches and schools. Schmitt stated that we have schools and churches in the limited business area and did not feel it was necessary to treat schools and churches differently than businesses. Nawrocki stated that you know when you are entering Columbia Heights by the proliferation of signage and it is gaudy. Instead of loosening the ordinance we should tighten it up. Peterson begged to differ. He referred to the Welcome to Columbia Heights sign. Schmitt addressed the size of the monument signs, indicating that with all of the snow we had this winter, a lot of the signs were half covered and were hard to see. Businesses that have paid all this money for signs and then to have them covered by snow is a disservice to them. Nawrocki stated that the welcome sign on 37` and Reservoir is a tasteful sign, and if signs like that continued up the street he would not make the comment he did. 20 City Council Minutes Monday, April 1 1, 201 1 Page 10 of 16 Motion by Williams, second by Schmitt, to waive the reading of Ordinance No. 1593, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to set the second reading of Ordinance No. 1593, for Monday, April 25, 2011, at approximately 7:00 p.m. in the City Council Chambers. Diehm requested that for the second reading the Council receive information on signage from St. Anthony, Fridley, and New Brighton. Schmitt questioned why the short time would only be allowed in the General Business district. Sargent indicated that it could be disruptive to neighbors. Upon vote: Schmitt, aye; Williams, aye; Diehm, no; Nawrocki, no; Peterson, aye. 3 ayes — 2 nays. Motion carried. 2. 1st Reading of Ordinance 1594, being a Zoning Amendment as it relates to Fences. Sargent stated this includes changes requested from the previous first reading of the ordinance. This will put fence information all in one section of the city code. The request was to look at barbed wire fences. They would require a Condition al Use Permit, only be allowed on top of a six foot fence and could not protrude on to the right -of -way or into neighbor's yards. Motion by Diehm, second Williams, to waive the reading of Ordinance No. 1594, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second Williams, to set the second reading of Ordinance No. 1594, for Monday, April 25, 2011, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. 3. 1st Reading of Ordinance 1595, being a Zoning Amendment as it relates to Animal Shelters. Sargent stated this is a clean -up of the zoning code for animal shelter requests. It was not addressed where they could be located. This would allow shelters in the General Business district by a Conditional Use Permit. Animals could go outside but not be sheltered outside, and would require a privacy fence and other items such as sound proofing. Sargent indicated this would be for boarding animals or rescued animals, not veterinarian clinics. Nawrocki stated he would like to see an example before the final vote. Motion by Williams, second by Diehm, to waive the reading of Ordinance No. 1595, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to set the second reading of Ordinance No. 1595, for Monday, April 25, 2011, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. B. Bid Considerations - none C. New Business and Reports 1. Appointments to City Board and Commissions Motion by Diehm, second by Nawrocki, to appoint Stephen Smith to the open three year term on the Library Board of Trustees. Upon vote: All ayes. Motion carried. Motion by Schmitt, second by Diehm, to appoint Tracey Kinney to the open four year term on City Council Minutes Monday, April I I, 2011 Page 11 of 16 the Planning and Zoning Commission. Upon vote: All ayes. Motion carried. Motion by Schmitt, second by Diehm, to appoint Joseph Wolney to the open two year term on the Telecommunications Commission. Upon vote: All ayes. Motion carried. Motion by Schmitt, second by Diehm, to reappoint Robert Peltier to a two year term on the Telecommunications Commission. Upon vote: All ayes. Motion carried. 2. Miscellaneous Nawrocki stated that he attended the Local Government Officials meeting and paid the $25 for his meal. The discussion included emergency management and City, County, and School District collaboration. Nawrocki questioned the follow up to the enclosing trash containers for multiple dwellings meeting. Fehst stated this has now been put on hold. We will look to see what other cities are doing. Apartment owners were against it. It should be up to them to work with their tenants. We think that dumpsters /containers should be off of the streets and out of view. Nawrocki stated that we don't enforce our current laws and should enforce more pick -ups. Peterson stated that every situation is different; there are good and bad landlords. We can get tougher on our ordinances like we did on tall grass. Schmitt suggested a recycling day for TV's, monitors, and computer. Nawrocki stated that Veolia will pick it up these items if you call them. Fehst stated that we pick up everything now. Residents should have no reason to store such items. ADMINISTRATIVE REPORTS Report of the City Manager — nothing to report Report of the City Attorney — nothing to report CITIZENS FORUM Jeff Diehm, 5125 St. Moritz, stated that he is encouraged by the Aldi development. While on vacation in Germany and visiting a very well to do family found that they have an Aldi's and love it. It will fit well in our community. He applauded staff for their efforts on this. As for a turn lane, it was a bad intersection before this and if it is so bad we should fix it. Fehst stated that the League of Minnesota Cities conference will be on June 15 -17 in Rochester. He indicated that this is the one conference that Council should consider putting back in the budget. Schmitt stated that she will attend this conference for the "first time" rate of $99. Nawrocki also indicated his plans to attend. Fehst stated that Lona Schreiber, our Metropolitan Council representative, will attend our May 9 City Council meeting. Peterson invited residents to attend the Columbia Heights High School production of "Beauty and the Beast ". Peterson stated that our service men and women are doing a marvelous job. Don't forget them in your thoughts and prayers. Don't take yourselves too seriously; the more days you spend happy, the better off you will be. Do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 10:32 p.m. 22 City Council Minutes Monday, April 11, 2011 Page 12 of 16 Patricia Muscovitz CMC City Clerk RESOLUTION NO. 2011-16 RESOLUTION SUPPORTING A COUNTY -WIDE INTEGRATED PUBLIC SAFETY INFORMATION SYSTEM AND SUPPORTING THE EXPANSION OF THE PUBLIC SAFETY BONDING AUTHORITY AS PROVIDED BY MN STATE STATUTE 383E WHEREAS, the Anoka County Joint Law Enforcement Council (JLEC) was formed to benefit the public safety of the citizens of Anoka County; and WHEREAS the JLEC has nearly four decades of experience successfully creating and managing shared services for its member communities; WHEREAS, the City of Columbia Heights has actively participated in the JLEC through the participation of our chief law enforcement officer and our elected officials; and WHEREAS, the Anoka County Fire Protection Council, which represents the 15 fire departments in Anoka County, unanimously supports a shared public safety data system; and WHEREAS, the safety of the public and police and fire personnel will be enhanced by improvements in the speed and accuracy of shared public safety information systems; and WHEREAS, the public safety databases are aging and outdated, do not support effective data sharing, and do not support data archiving and crime analysis activities, and WHEREAS, significant public safety staff resources may be redirected from redundant data entry to more effective public safety efforts; and WHEREAS, both residents of and public safety agencies in Anoka County have benefitted from improved public safety, increased effectiveness, and resource conservation due to the resulting economies of scale provided by shared and consolidated services; and WHEREAS, the JLEC desires to implement a comprehensive shared public safety information system in Anoka County whereby law enforcement, fire, jail, dispatch, and emergency preparedness data may be maintained and shared; and WHEREAS, the JLEC, the Anoka County Fire Protection Council and the Anoka County Board support a legislative change to allow the use of the specific bonding authority provided in Minnesota Statute 383E to fund county-wide public safety projects; NOW, THEREFORE, be it resolved that the City Council of the City of Columbia Heights does with this action, support and endorse a countywide integrated public safety information system; and BE IT FURTHER RESOLVED that the City Council does hereby support the expansion of the public safety bonding authority provided by MSS 383E to county -wide public safety projects as provided for in HF 429 and SF 275. RESOLUTION 2011 -022 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF COLUMBIA HEIGHTS ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Columbia Heights on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's Criminal Justice Data Communications network for which the City is eligible. The Point Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs to the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Columbia Heights, Minnesota as follows: I. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Columbia Heights on behalf of its 23 City Council Minutes Monday, April 11, 2011 Page 13 of 16 Prosecuting Attorney and Police Department, are hereby approved. Copies of the Joint Powers Agreement is attached to this Resolution and made a part of it. 2. That the Chief of Police, Scott Nadeau, or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 3. That James Hoeft, City Attorney, or his successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 4. That Gary Peterson, the Mayor for the City of Columbia Heights, and Patricia Muscovitz, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. RESOLUTION 2011 -15 BEING A RESOLUTION SETTING THE RATES FOR RESIDENTIAL YARD WASTE CARTS IN THE CITY OF COLUMBIA HEIGHTS WHEREAS; the state law that requires compostable yard waste bags may cause a hardship on residents because of the price for the appropriate bags, and; WHEREAS; a Refuse contract amendment was approved by the City Council November 22, 2010 to provide an option for residents to utilize contractor supplied containers or carts instead of bags, and; WHEREAS, the approved Refuse contract has established the prices that Veolia Environmental Services will charge the City for providing and servicing a yard cart, and; WHEREAS, the yard cart service incurs an annual subscription with an obligation to pay one full year's worth of charges that will include only the additional cost of providing and servicing a cart, and; WHEREAS, an invoice, separate of the utility bill will be sent to residents for one year's worth of yard cart charges. The proposed annual charge equals 12 months of Veolia contracted charges, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that the following rates to be paid by the City of Columbia Heights to Veolia Environmental Services shall be effective for all billings rendered on or after April 1, 2011: 2011 2012 2013 2014 $49.44 $50.88 $54.60 $56.28 BE IT FURTHER RESOLVED that all foregoing rates do not include state fees or sales tax, and BE IT FURTHER RESOLVED that all state fees and taxes will be added to the invoice in addition to the foregoing rates. RESOLUTION 2011 -017 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 City of Columbia Heights HRA (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 965 40 Avenue N.E., Apt. #801, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on March 28, 2011. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on February 14, 2011 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. 24 City Council Minutes Monday, April 11, 2011 Page 14 of 16 2. That on March 28, 2011 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 April 4, 2011 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: Shall remove all excessive storage from this apartment. Stacked floor to ceiling. 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 965 40 Avenue N.E., Apt. #801 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 I . The property located at 965 40` Avenue N.E., Apt. #801 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 2011 -018 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 11, of City Code, of the property owned by City of Columbia Heights HRA (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 965 40 Avenue N.E., Apt. #806, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on March 28, 2011. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on February 14, 2011 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 March 28, 2011 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 April 4, 2011 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: Shall remove all excessive storage from this apartment. Stacked floor to ceiling. 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 965 40' Avenue N.E., Apt. #806 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 965 40` Avenue N.E., Apt. #806 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 NO. 2011-019 APPROVING A PRELIMINARY PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR ALD1, INC. WHEREAS, a proposal (Case No. 2011 -0402) has been submitted by Aldi, Inc. to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 5025 Central Avenue EXISTING LEGAL DESCRIPTIONS: On File at City Hall PROPOSED LEGAL DESCRIPTION: Lot 1, Block 1, AIQi5Addition City Council Minutes Monday, April 1 I, 2011 Page 15 of 16 THE APPLICANT SEEKS APPROVAL OF A PRELIMINARY PLAT SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on April 5, 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The proposed preliminary plat conforms to the requirements of §9.114. 2. The proposed subdivision is consistent with the Comprehensive Plan. 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. An easement shall be provided over the stormwater treatment area, along with an on -going maintenance plan for facility — the City can provide a suggested form. 2. Prior to at the time of issuing a building permit, surety in the form of a Letter of Credit or cash escrow shall be provided to Public Works in the amount of $5,000 /acre for erosion control & site restoration in accordance with the City storm water management code. This will be returned following completion of turf establishment. 3. A letter of credit (LOC) needs to be provided prior to at the time of issuing a building permit for the public improvements, restoration in the public ROW and site landscaping. The calculation of the LOC shall include the removal and reconstruction of the alley and complete site landscaping x 1.25. This will be returned following completion of turf establishment. 4. For engineering site inspection, the Developer shall provide $1,500 to be deposited in an engineering escrow account for staff inspections of public ROW improvements, site SWPPP activities and utility work. All unused funds are returned to the Developer at project completion. 5. All erosion control measures shall be installed and inspected by the Engineering department prior to any site activities beginning. 6. The proposal will require a work within ROW permit from MnDOT. 7. All construction traffic shall be directed through the vehicle tracking pads, as indicated on the SWPPP plan. 8. All slopes greater than 3:1 shall be provided erosion control blanket. 9. Catch basin inlet protection, such as Wimco's or equivalent shall be provided on catch basins until restoration is completed. 10. Site /Civil work shall be inspected by the City Engineering Department (connection to public storm sewer system or work within ROW). 24 -hour advance notice of an inspection is required. 11. The City standard for drive entrances is a concrete apron matching the concrete curb and gutter. 12. An NPDES permit will be required, at the time of construction. The City also reserves the right to require additional erosion control measures during construction, as conditions warrant. 13. All restoration of turf areas in the Public Right -of -Way (ROW) shall be by four (4) to six (6) inches of topsoil /sodding. 14. Prior to installation of the storm water system, all heavy equipment shall be kept out of the storm water system footprint in order to prevent compaction of soils in the proposed infiltration area. 15. All work within Public ROW shall be inspected by the City Engineering Department. Twenty four (24) hour advance notice of an inspection is required. 16. All utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 17. Disconnect any existing utility service stubs in accordance with Public Works requirements. 18. All sidewalks shall meet ADA requirements for pedestrian ramps and grade. RESOLUTION NO. 2011-020 RESOLUTION APPROVING A FINAL PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR ALD1, INC WHEREAS, a proposal (Case No. 2011 -0402) has been submitted by Aldi, Inc. to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 5025 Central Avenue EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: Lot 1, Block 1, Aldi Addition THE APPLICANT SEEKS APPROVAL OF A FINAL PLAT SUBDIVISION. 26 City Council Minutes Monday, April 1 1, 2011 Page 16 of 16 WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on April 5, 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The final plat substantially conforms to the approved preliminary plat. 2. The final plat conforms with the requirements of Section 9.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. All conditions set forth in the City of Columbia Heights' subdivision ordinance shall be met per Code Section 9.114. RESOLUTION NO. 2011-021 RESOLUTION APPROVING A SITE PLAN FOR AN ALDI GROCERY STORE LOCATED AT 5025 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MN WHEREAS, a proposal (Case #2011 -0402) has been submitted by Aldi, Inc., to the City Council requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 5025 Central Avenue LEGAL DESCRIPTION: Lot 1, Block 1, Aldi Addition THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a 17,886 square foot grocery store located at 5025 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on April 5, 2011; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. 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. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar vear 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. 27 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS BOARD OF APPEALS AND EQUALIZATION MONDAY, APRIL 11, 2011 The following are the minutes for the Board of Appeals and Equalization for the City of Columbia Heights City Council held at 6:00 p.m. on Monday, April 11, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. BOARD OF APPEALS AND EQUALIZATION 1. ROLL CALL Present: Mayor Peterson, Council member Nawrocki, Council member Diehm, Council member Schmitt Tardy: Council member Williams 2. STATEMENT OF PURPOSE OF THE BOARD OF REVIEW Peterson stated the purpose of this meeting is to review property valuations as of January 2, 2011 for taxes payable 2012, and to hear appeals from citizens who feel aggrieved or have questions regarding property valuations. 3. INTRODUCTION The City Manager introduced the Anoka County Appraisers present at the meeting. • Jim Rouleau, Senior and Commercial Appraiser • Mike Brown, Residential Appraiser Brown indicated this meeting is to discuss the value delivered with the tax statement. He stated this is from qualified sales of October 2009 to October 2010. Brow indicated the number and variety of parcels in the city. He referred to the 2010 arms length sales. The total Columbia Heights sales were 376, and of them 175 were bank or foreclosure sales and 106 were qualified sales. The rest were miscellaneous sales. 28% were qualified sales. This is a slight improvement over last year's bank or foreclosure sales. There is an overall value decrease of 4.8 %. Deflation appears to be slowing somewhat. Brown indicated and explained the median ratio, aggregate ratio, mean ratio, coefficient of dispersion, and the price related differential. Brown reviewed specific items in the hand out and answered Council questions. 4. QUESTIONS AND ANSWERS REGARDING PROPERTY VALUES Citizens in attendance were given an opportunity to raise questions regarding their property valuations. Gerald LaMere, 5080 Mulcare Drive and 3813 -15 Pierce Street, stated the appraiser carne through and some areas dropped substantially. His neighborhood had nicer homes and did not drop the value of their homes. He stated they have had many foreclosures in the area. Consequently, his values dropped. He listed the drop in amounts and gave the comparable value given by a realtor. He requested an adjustment to his value. Brown stated there were eight qualified sales in this area. Rouleau stated that we have to value what the market is, not what the bank sells foreclosed properties for. LaMere requested the property be reviewed. LaMere referred to his Pierce Street property and his refinance appraisal amount of $145,000. Brown listed the dates and decreases in value. He asked for further review of the property. Brown stated that the appraiser does not determine the tax, but only places a fair market value on the property 28 Nawrocki asked when the bank did the appraisal. LaMere stated in July of 2010 for $145,000. Brown stated the property is appraised at $175,000. Motion by Schmitt, second by Diehm, to go back and review 5080 Mulcare Drive and 3813 -15 Pierce Street. Diehm indicated that if the value is lowered you will have a lower tax, but you will have a harder time selling the property. Upon vote: All ayes. Motion carried. Nancy King, 3717 Van Buren Street, stated three years ago there were four properties demolished near her leaving the area desolate and her value is way too high. She presented pictures of the area. Nawrocki stated that the city allowed the two commercial properties and the two homes to be removed and did not require the developer to finish off the lots. King stated the current value is $156,900. Diehm asked them to reexamine her property. Williams arrived at 6:48 p.m. Motion by Diehm, second by Schmitt to review 3717 Van Buren Street. Upon vote: All ayes. Motion carried. Lee Stauch, 1 155 Khyber, stated that the property next to him sold for $153,000. His property is valued at $203,000. Motion by Schmitt, seconded by Williams, to review 1155 Khyber. Stauch requested the review of his properties on Khyber, Fillmore, Tyler, and Royce. Upon vote: All ayes. Motion carried. Robin Bari, 4250 Van Buren, stated that he bought house in September of 2010. The value went down $9,000. He bought it for $99,000. Brown stated that this was an estate sale and is disqualified as an arm length transaction. Fehst stated that he is paying the tax on the value of the house. Brown stated this property was valued as a disabled homestead. That classification now comes off and that is why the tax has increased. Rouleau indicated parcels that called and want their options to remain open for the County Board of Review are: 3900 Stinson, White Castle, and a bank in Columbia Heights. Brown indicated letters that were received that want their options to remain open for the County Board of Review are: Angela Gordon, 999 41 Avenue NE #124 and Lydia Jonak, 3929 Johnson Street. The properties were reviewed and reduced, but they want to keep their options open. 5. COUNCIL ACTIONS REGARDING SPECIFIC CASES OR CASES ON WHICH ADDITIONAL INFORMATION IS DESIRED Motion by Diehm, second by Schmitt, to continue the Board of Appeals and equalization meeting to April 25, 2011 at 6:00 p.m. for the purpose of hearing additional information regarding only those property values appealed and discussed on 29 April 11, 2011 and to consider adoption of the 2011Property Assessment Rolls. 6, Adjourn At 7:05 p.m., Mayor Peterson recessed the meeting to 6:00 p.m., Monday, April 25, 2011. Patty Muscovitz, CMC City Clerk 30 CITY COUNCIL LETTER Meeting of April 25, 2011 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Adopt Resolution 2011-026 Authorizing BY Scott Nadea, BY aer 4 gr i Acceptance of Traffic Safety Award DATE: April 19, 2011 DA ! : H (Toward Zero Death - $2,000) 1 NO, BACKGROUND: The Minnesota Department of Public Safety, Office of Traffic Safety contacted us to advise that a city council resolution will be required to accept the Toward Zero Death challenge grant the CHPD was recently awarded in the amount of $2,000. ANALYSIS/CONCLUSION: In order for the Police Department to access the funds awarded under the Toward Zero Death challenge grant, I am requesting that the City Council adopt the proposed resolution which authorizes the Chief of Police to sign the agreement with the Department of Public Safety. RECOMMENDED MOTION: Move to waive the reading of Resolution 2011-026, there being ample copies available for the public. Move to adopt Resolution 2011-026, a Resolution Authorizing Acceptance of a Traffic Safety Award. COUNCIL ACTION: 31 RESOLUTION 2011-026 RESOLUTION AUTHORIZING ACCEPTANCE OF A TRAFFIC SAFETY AWARD Whereas, the Columbia Heights Police Department desired to protect the health of its citizens by improving traffic safety and participating in the Toward Zero Death Challenge; and Whereas, under the provision of the Highway Safety Act (P.L. 89-563), the Minnesota Department of Public Safety has federal funding to promote traffic safety; and Whereas, the Minnesota Department of Public Safety had judged the Columbia Heights Police Department's efforts to increase pedestrian safety to be exceptional, and wants to reward those efforts by providing additional funding for the department; Therefore, be it resolved that the Columbia Heights Police Department enter into an agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the period from May 1, 2011 to September 30, 2011. The Chief of Police of the City of Columbia Heights is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the Columbia Heights Police Department. Be it further resolved that the Chief of Police of the City of Columbia Heights is hereby authorized to be the fiscal agent and administer the grant on behalf of the Columbia Heights Police Department. Passed and adopted by the Council on this day of , 2011 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 32 CITY COUNCIL LETTER Meeting of April 25, 2011 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE "I APPROVAL: ITEM: Approve Transfer of Funds for CHHS Over- BY: Scott Nadeau--6iv BY: time, Detox Transports and DWI Enforcement DA I E: April 15, 201Y • TE: ) Grant Overtime from General Fund to Police 4 Dept Budget Overtime Line # 1020 NO. BACKGROUND In the first quarter of 2011, the Columbia Heights Police Department transported 28 intoxicated persons to detox centers outside of Anoka County. Per our agreement with Anoka County, we are reimbursed $30 per patient transported in 2011. These transports go to Mission Detox in Plymouth, Ramsey County Detox in Downtown St. Paul, and Dakota. County Detox in Hastings. We have received a check for $840 as reimbursement for these transports. During the first and second quarters of 2011, the Police Department took part in the Minnesota State Patrol grant program for traffic safety enforcement projects for which the Blaine Police Department is the fiscal agent. In April, we received reimbursement through grant funds for the hours worked in the amount of $1,288.97. Also, the Police Department has received payment from Independent School District #13 for overtime details worked during boys and girls basketball games in the amount of $6,151.25. ANALYSIS/CONCLUSION The $840 from Anoka County for detox transports, the $1,288.97 from the City of Blaine for DWI Grant Enforcement overtime, and the $6,151.25 received from Independent School District # 13 were deposited into the General Fund. The Police Department is requesting that these funds be moved into the 2011 Police Department budget, line 1020 Overtime, from the General Fund. RECOMMENDED MOTION Move to transfer the following from the General Fund to the Police Dept 2011 Budget, Overtime Line Item 1020: $840, the amount of money received from Anoka County as reimbursement for detox transports; $1,288.97, the amount of money received from the City of Blaine for DWI Grant Enforcement overtime; and $6,151.25, the amount of money received from Independent School District # 13 for overtime details worked during boys and girls basketball games at CHI-IS. COUNCIL ACTION: 33 • • • . .. i•.:1 . • ':' - . ' ; ' • i • . : ' .. .• - .. • . - . , . ti4ECK NO - 8 977534 •:: . , :::Y ' ':' 1 COUNTY OF ANOICA. ' • . ', . . - : • -, • .- - ,:i *', *' • -. . .; " .,' • .'.;., 1 , , 4 : 2100 .1.141RD AVKNITE " : . . 75-1592 1: 'tliATE • 411212011 ". ANOKA:, MINNESOTA 55303 . • :• .„•, , :„ , - • A A THIS CHECK IS :VOID 3!MONTHS FROM DATE , OF ISSUE AiS . :'. ' . ' " ' ' . ' ' " ' . ' ' .- . • " .... ' . :•' COU'INTTY g:' '.. ::"' - I : AMOUNT :1: .. ' . :t1G,H.T.HUNDAED FORTY DOLLARS A11113 itiatENTS . : '****.*, I . : TO THE ORDER OF • '" ;b0LUMBIA TiEidHiS POLICE DEPT :825 41-sq AVE AIE I , „ .. . • : , COLUMBIA HEIGHTS • .MN 5421-2910 . : ., 4 ' i. -, t;- • •• -• •• • V+44,-Clk..k . : . • .1 . • • • . t . US AK NA. ANOKA...MINNESOTA ! • V= 17617 ANOKA COUNTY-CI-ISS REMITTANCE ADVICE DATE 4/12/2011 CHECK NO. 5 977534 ,,W,_,,M.,V$IFM,SitsgagigAittt N annagged:WInietigIONit::MiM i Mgebt.:SPA.tn 22187900 4/01/2011 , detox transDoLLation 3/02/2011- 3/25/2011 420.00 22188000 4/01/2011 , detox transportation 2/05/2011- 2/25/2011 210.00 22188100 4/01/2011 , detox transportation 1/02/2011- 1/29/2011 210.00 *** TOTAL 840.00 • 34 City of Blaine 21ST CENTURY BANK 75-13E8 ACCOUILLS Payable Account 10801 Town Square Drive 919 Blaine, Minnesota 55449-8101 NO. 211103 • (763) 784-6700 4 DATE CHECK NO. AMOUNT 04/04/2011 211103 $1,288.97 ONE THOUSAND TWO HUNDRED EIGHTY EIGHT AND 97/100 DOLLARS COLUMBIA HEIGHTS POLICE DEPT PAY TO 825 41ST AVENUE NE THE jt , ). ORDER COLUMBIA HEIGHTS MN 55421 CITY MANAGER 4.c OF TREASURER CV-1 1 211 144d1A11/ VENDOR 02496 COLUMBIA HEIGHTS POLICE DEPT 04/04/2011 check # 211103 FUND & ACCOUNT P.0.# INVOICE DESCRIPTION AMOUNT 877.2006 076937 1ST & 2ND QTR DWI ENFORCEMENT GRA 1,288.97 TOTAL 1,238.97 • 35 ISO No, 13 VENDOR NUMBER VENDOR NAME CHECK DATE CHECK NO. 02799 - 0 : CITY OF COLUMBIA HEIGHTS 04/07/11 161046 DATE INVOICE NUMBER . ' DESCRIPTION P.O: NUMBER AMOUNT 03/23/11 2011-003 6,151.25 Lt-JKAA TOTAL AMOUNT PAID TO: C1TY OF COLUMBIA HEIGHTS PAID 6,151.25 POLICE DEPARTMENT 825 - 41ST AVE. NE ccLumniA HEIGHTS, MN 55421 THIS CHECK HASA COLORED EINCKGROONO, AN:IMBEDDED.' SECURITY VVATERIVIARKAND A liEATREACTIVEINK, icaN ON THE BACK_ 17-13 INDEPENDENT SCHOOL DISTRICT 140:..13- NORTHEASTSTATE BANK 1440 — 49Th AVENUE NE COLUMBIA-HEGHTS, MN 55421 CHECK DATE CHECKNO. COLUMBIA HEIGHTS; MINNESOTA 55421 - • 04/07/11 161046 CHECK IS VOID AFTER 90 DAYS PAY: ******6,151 Dollars 25 Cents CHECK AMOUNT TO THE ORDER- OF: $6,151.25 CITY OF COLUMBIA HEIGHTS ATTN:- POLICE DEPARTMENT - 825 - 41ST AVE. N2 - , - - COLUMBIA HEIGHTS, MN 55421 • 36 , CITY COUNCIL LETTER Meeting of: April 25, 2011 AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY MANAGER NO: DEPARTMENT: PUBLIC WORKS ITEM: ENTER INTO AN AGREEMENT TO BY: Kevin Hansen BY: RECEIVE BIKE RACKS FROM THE TRANSIT FOR DATE: 4/20/11 DAT t „ LIVING COMMUNITIES GRANT. .- Background: The Transit for Living Communities Board has awarded Bike Walk Twin Cities funds for bicycle parking throughout their grant area, which includes the City of Columbia Heights. The Transit for Living Communities Board has streamlined a process for federal funds to be used on a small project like this. The Grant Agreement provides that the City of Columbia Heights will enter a Community Agreement with the City of Minneapolis, whereby Minneapolis purchases bike racks on the city's behalf. Columbia Heights would be responsible for the installation of the bike racks and maintenance for five years. The City of Columbia Heights is allotted $3,500.00, which will allow for the allotment of roughly 20 to 25 stand -alone bike racks (see attached materials). Total number of bike racks available will be based on final contact between the City of Minneapolis and the bike rack vendor. Bike racks are required to be installed by November 15, 2011. Analysis /Conclusions: Bike racks would be placed primarily at City parks, City facilities such as City Hall, the Library, the Public Safety Building and on Central Avenue within the streetscape area. Bike racks within the parks and on Central Avenue will provide a specific place to park bikes, protecting trees and other structures from damage by improperly parked bikes. The cost to the city would be staff time for installation of racks, providing concrete mounting slabs for racks within parks if a proper location doesn't currently exist, and maintenance over the duration of the grant agreement. It is estimated that the bike racks can be installed in approximately 30 -45 minutes each on concrete surfaces. Recommended Motion: Move to authorize the Mayor and City Manager to enter into an agreement to receive bike racks from the Transit for Living Communities grant awarded by Bike Walk Twin Cities funds, and enter into a Community Agreement with the City of Minneapolis, allowing Minneapolis to purchase the bike racks on the City of Columbia Heights' behalf. Attachment: Grant Agreement COUNCIL ACTION: 37 TRANSIT tor 1 Bike Walk ~k��.,_," Transit for Li00b&pCo0Dinumties 026 Selby Ave St. Paul, MN 65101 851.787.0298 , Lu���'��oc� | — ^---- ppn bikcan|ktc� nqg ------ -- | Twin Cities Livable Communities Mayor Peterson Kevin Hansen 590 4Oth Ave NE ' Columbia Heights, MN 55421'3878 March 18, 2011 Dear Mayor Peterson and Kevin Hansen, | am pleased to announce the Bike Walk Twin Cities Bike Parking Program. The Transit for Livable Communities Board has awarded Bike Walk Twin Cities funds for bicycle parking throughout our grant area. From your experience you !nay understand federal funds to be very inefficient for small projects such as this. VVorkinOwith FHVVAand MnDOT,vve have identified a streamlined process lo make 1 his a feasible undertaking. The Bike Parking program allotment for Columbia Heights is $3500.00. This letter is a call for community enrollment in the Bike Walk Twin Cities Bike Parking Program. By responding to this letter and including a completed Community Agreement with the City of Minneapolis before April 29, 2010 (enclosed, City of Minneapohs council action to execute agreement will occur April 2, 2011) you confirm your community wishes to participate in the 8VVT[ Bike Parking Program for 2011 and will prepare application for the specified program allotment for bike parking. Confirmation letter with signed community agreement can be sent by mail or electronically 10: ]amez Smith 8VVTC Bike Parking Enrollment Transit for Livable Communities 626 Selby Ave Saint Paul, K4N551O4 38 • Estimating cost o[5IOO/rack you can see that this program will allow you to augment your community's bicycle parking significantly. To porb we will need confirmation of your community's participation by April 29, 2011 (see attached), this includes entering into a community agreement with the City u(Minneapolis, who as the Fiscal Agent for Bike Walk Twin Cities will contract for purchase oI these racks. With a vendor selection anticipated in eaiy April, he timeline will enable your community to receive delivery and install racks this season. Attached is a description of the process. BWTC hosted a workshop on February 25 to explain the program; Andrew Hogg attended for your community. If you have questions about the process or would like 10 discuss the enefits of the program, please contact Tony Hull at or 651-789-1/10d. Tony has worked diligently with state and federal partners io create a process that nia ke this program possible. | hope you are able to participate in this opportunity. Our latest data collection shows cln increase of bicycling of 3 3% in the Minneapolis-Saint Paul area. Bicycle parking will serve your current bicyclists and stimulate more riders. We would he pleased to work with Columbia Heights to make this asset a reality in your community. Regards, . • . �~�l~ Joan Pasiuk Director, Bike Walk Twin Cities 39 Bike Walk Twin Cities Bike Parking Program Requistion Site Location ID: Sr foul #2 Street Address: 519 Selby Aventie (Metro Transit bus stop) Building Date: 1911 Is property listed on the National Register of Historic Places or in a National Register Historic District? Yes X No ; Hill 1-iistoric District t Rack Type: Style B Quantity: 3 -- zi` ,-'.,-, ' '..: ..,,,,,, 1 , • 4; ,,;..7,;";57 Iie/4/7'',4 ;'.:,..;',''' ''''' ::tri;: - W ,. A , - ,„, 411 .„. Placeiltent Description: Rocks (3) wilt he - . - „ . .... - . ii)sttilleci in the highlighted area along V*1 ,, the 8' boulevard on the north side of '' , .....,42 ,:_, -'; 411' '' r ', - i . z - ,-&-'ilrlf" , :::4 : ii :-.,,,,,,... ...-7.4ils Selby Aver)tie. The city will include a .. - itl z''' , , a , ,,, f" ":',;,.: , '."* -2 't," ISAir*.q concrete pact for secure ii7stallation, and ;,,,,,,, '-;-''''-' ,•,•-:.- z-'' *:1 ----..A., -..,,,,,,,,,,..,',' racks will be at 45 degree angle to the '''''-''''"!--.. - , , .: street ar)c13' front curb facing outside of parking door zone. Racks will be 10' east = of the accessible bus stop landing, , Transit itn Liv,iltle t in :oititittities SAMI'LT Bil:e Parking Request Itorlyi Page 3 40 Appendix Approved NIP Bike Walk "Ck Asin Cities Bike Parking Program -- Eligible Rack Specifications Style A — Inverted U rack , - 4 * '.• , :'•'-'' °':' :f :/:- s'...- ' ,,,,,... i ...-' ,- !.-4.-- '.- •-•,..,- --.. ' 4::zzii-c -, I 1.9" , . \ ,-...,-„ A ..• ,...._,,,Ax,, JA- 1 .4, A --,.. .....„..te ir ,,,,, . ! - _--.7,:•-•-'•;---- t7-'. -- ' /1 , ::- .....f.v4......„; %,_ 1 ''''-'^-^ el ,.-.;',,,„, _ :.... - •F .6 ---,...- . te atc _ '-: ,,...,.. ? 1 7 * ÷ ..:.';'Z''''' i'' ..- ' --'-'---- --- //- - 24" _, . .-.. '' -,..„.: 7 -- , ,, ..**r.. , -2, -, • - •-;-0......- • ' i .„. • -. .•,-,,--,.. :, , _:. , jj , 41 , ....„;,,-.„.,,,A-. - . - ,..- 0 :_--,,.P.A. - --, 7 - ' i --,,,:-.;t7„.„ __:!;: • ; - - - ' . *:4-4.7tri,... - ii , • ',.., - -- , 2 32" Area - 16,7 square feet • tvionisomi, ....-' i'''' < I , t_ <•• /•:_•• :1_ ,...„ .,.. ,. .... ,_ I 75" I 1 •D P H il 1/7"-- c ril I' : _- --_ y , :,,,_ _ H 1 4' r_ -_, i - -7111 i \\\ ), if , li , . , i ,, , f 1. ,. : 1 ,, e / il ,//1/1 \\,.\\„:"`::=,....„ -,. r\l\\N N.,""'"- - -.. -. . -. rf'N'insit fm 1,iv,11)1c Communities SANIPP1',13ike Parking Request i'()rn) Page /1 41 Style 13 — Post rack z.... -- -' ' -,,,, -:z.'::.-.!•-, ,_ , 1. ,....:1,72' e.-,.-; ,:::r7,:-:: ,....1.:—::-,:i_i:f?..,'-i,704.,..,,,,:',.".,..A.,.„,,, i' -- '`I'''' - - ''''' '' ''.,,,.: -i .:; 11 % - .7-;:"....:-- .77'.-- .1`..,r,,-;`,22-...n1..-.Z.1,:i•-:Zq..4...a.:: 16.5 ',t '" - -- 7': - i''-'t :11;4::::::7:::'::(.4, :.,i-lif:i17:7:";:i. W v ..-d V -7,5-,-- 77'.7 . -.;:::: ,,,,- ~...4,,-'-',....---'.----;,,,,,,,---,...-04.-.4 3g-.... ..,,,,.1.ket,,:i..--.A.,----,,7,-,Fi: ' \\\\\ t-lict----E:-------71 \\ , _ it- ::::-'::::::;):'':l7.'"::-31'..,;'"*'-mm':ft:;':6':i-';')t';-:!::-A-:'"'f'i:,'-;V!:,",;.;'-' 7r,"::::,':-.:. - ''.**•,:',,' . _ ,. ., 2.375' .., , . .,, ,--. - -. -,.. , .• ,,-;,.... - ...--,-, : _., <_- . . 6 1 ----- 1 ______ :4---- , .,, ,, ii / -----7------; , „: ...,...„„ , 1::;;. ; ,.., , ) , i 1-, //7 \,,-;-,.._,,..:! ,,,..., 1,. L . ,, I, (I , ( c .:-,....„.„ ir ,...__ ,.......,,..„..„,,,„_, _„,.....,,„,.._., :{,1 I3ik li 'akin Il ., g egut 42 Style C-- Swerve rack w. , 7 , „::: : 7: ; . ; ::::..•!::::,.? .2'....,..:7 * ""'''''"-we'' -k- 1 .... J "".; • ' " .„,.7" , . ; . "' '". - W4` I" 34" ,,,, A I ,..• ...,,:: (: • : .. ,,.:: ,,, :.., ....„,.... ., :V . :4 ";44;wwp;;; ,....,) 1 ""w:; ; - '; --.•;„ - ;.,"•;.4 ! ' - - - 47-,:.' ,, ;"";: . • ;---""' ;?":";,:-.-"" I. ,". ,4". - , ; ;- - - - -, ;'4" . .w., ; .4 .. .. . _ . ... _. . j I --_, 2'.', , -,,,,V- - ..........‘ „ 32" Area --- 163 stjt1;ire feet 75" :: ,,,.,;:-.)- / -, \ ........_........„ ', 1 1 ....,...... .., ..„- ......... " , 6 1 11:1111 ' ... IL 0=t..1 = = r ,___■ ,„___i_ s ' t "tt=t=r,,- ,, ==.-. , _.,..,-- ,....„, 'Transit Tor 1,iv nn ti le Coirnities SI\ Mr)i.r Bike 1 Rerprest Forni Pag,e 6 43 3 11I DRAFT' - EEB 15, 2011 (700PERATIVE AGREEIVIENT BETNVEEN TilE (TFY OF IINNEAPOLIS AND CITY/COUNTY OF REGARDING BICYCLE PARKING PROJECT 111 IS AGREEMENT, is made and entered into as of this day of , 2011) by and between the CITY OF MINN EA POLIS. a Minnesota municipal corporation ( and the crry couNTy oF rviinnesota municipreounl corporation ( ounty"). collectively referred to as the - Cities OR City and County. NVITNESSET111: WHEREAS, the crry,coiNTY OF desires 10 locate and eonstruct new bicycle parking facilities. State Project 1=11-091-028 ( within its boundaries and has been determined to he eligible hr Federal Non-iVlotori/ed Transportation Pilot Project funds (hereby known as the "NTP"): and WTI EREAS, the C11 N'I)' OF' recognizes and is relying on the CITY OF NIINNEAPOLIS to act as the financial agent lbr the receipt of NTP federal grant funds for this Project to streamline the reporting requirements on behalf of the CITYff'OUNTY OF WHEREAS, the CITY/COUNTY OF is aware of and understands the Project Memorandum dated A LMLItil 1 0, 201 0 thaL was CICated for this Project and shall follow its provisions: EREAS, the CITY OF MINNEAPOLIS has agreed to tet as the financial agent to receive approximately 575.000 in NTP federal grant funds (MnDOT Agreement No. 97553) to procure and furnish bike parking facilities on behalf of cities and counties that are eligible to receive NTP grant funds: and \VLIERE.AS, the CITY;COUNTY 01 understands that the fede0t1 guint hinds ill be used to the procure and furnish the bicycle parking facilities but will not be used for the installation, operation or maintenance of said Eicilities: NVHEREAS, the Cill'iCOUNTY OF shall install 111(1 assume ownership. operation and maintenance of the bike parking facilities at its wii eost according to the federal NTP grant provisions and this Agreement: NONV THEREFORE, in consideration or the mutual promises and mutual obligations of the ( 'ities OR City and County contained herein, each of them does hereby represent. covenant and agree with thc other as follows. lVlinneapolis Obligations. Minneapolis through its Director of Public \Vorks or his-her designee shall carry out its fiscal agent and Agreement responsibilities for 11 Project jim all participating cities and counties. Minneapolis 44 will expect Transit 101 Livable Comm mules (TLC) and each participating (ii' County ic+ p , 1.:lrrn their due. diligence and responsibilities to complcic the Project, :Minneapolis will kadVertisc a bid to contract with a vendor to furnish (purchase and delivery) of spccilied bicycle parking tticilitics to each participating Citv;"County. vlinneapolis will be responsible for maintaining financial records consistent with lede :al grant requirements to keep track of all federal expenses related to these lands. iviinnetipolis shall reimburse the approved vendor in a timely manner for any and all eligible lcdcral costs, and submit documentation liar reimbursement to N'lnDOT when project documentation is completed. ?. CityCountvhligibility. Mach City/County agrees to perform the following tit their oven cost prior to becoming eligible: a. Submission ofcandidatc locations for possible placement olbike parking facilities to TLC. b. Provide the proper Certificate of Stand Alone Right of \Vay for installation locations, or obtain necessary casements 1l1 use private property to locate and grant public access to the respective bike parkinLL facilities. 0. Provide any environmental information on 1111 proposed locations !Or a possible bike parking facility required by the Cultural Rcsoulccs Lnit of the Minnesota Department of"hransportation to assure compliance with all applicable State and Federal environmental requirements. d. ;Agree to provide suitable locations and install tine bike parking laeililies including the Construction ofa 1o1_Indal 0n where nccc ssarv. r. ALirce to operate and maintain the hike parlkin,) for its useful lire which for purposes of this Agreement is a minimum of live (5) years. The end date shall be December 31 following the 11111 Peal' anllly c'I of the 1H lt.illatlon. Given a _0I 1 insttillation. the end date' of the uSe111 life shall? be December 31. 2016: a 21)12 installation and end date of December 31. 20(7: etc. Said operation and maintenance includes, but is not limited to. repair or replacement ol` the bicycle parking facilities due to graffiti or damage by ethers. �. C itv/C'ounly Obligations, Subject to the provisions 01 this Agreement and in conformance with the ;NTP Icxde ral grant and appropriate provisions of MnDOT Agreement 97553. each participating City/County after approval ofcligibility agrees to perform the Cullowiu_t activities gat their own cost: a. Submit CI site plan Ior each sile(s) prov idint,, detailed information idr.ntilil d by the KIT Bike Parking Request template provided by 45 h flhti to written approval oldie hike 1arkili- facilities site plan(S) by TLC and Vint)O`!` 011 we of Cultural Resources and Stine Aid prior to Minneapolis furnishing said facilities. c. Request bike: parking facilities to be furnished through the hid process administered) by Niinneapolis. The costs to furnish flu bike 1arkin,i facilities will he funded by a Federal grant awarded to \Minneapolis. Minneapolis u furnish slat bike parking facilities to each City/County upon the following, conditions: Use its 0vy1 local resources (staff and fun(lS) to identify. prepare an(I install one or more sites li rr the placement of bike parking facilities within its boundaries. Said local rc °sources are not reimbursable I}y the federal NTP grant funds. ii. Install all bile pa l:ing facilities no later than 30 days li receipt of bike parking facilities delivered from the vendor. iii. Provide to TLC" and \Minneapolis proper documentation of the installation of hike pta facilities in accordance with the approved site plan(s). Each City/County will submit to TLC' proper written and photo documentation ,after the bike parking facility has been purchased, delivered and installed. The installation attd its financial documentation must he retained at the each participating City/County for a sufficient lenuuth ()Clime Lo allow for proper audit and close out ()Idle Project. I. Removal of Bike Parking Facilities by City /Comity. 11a ('itv County elects to move or renwvc a bike parkin, facility prior to the end of its useful life, the following procedures shall be followed. A City County may elect to move or rem the bile p<trl:ing 1acility by ckelarinf; a grealer public pu or reasons related to protecting the public health. safety and welfare. Said removal will not he granted based on lack of proper operation and tnaintentmce duties required by each City. County. 11 said move or removal is for temporary purposes related to adjacent construction or dev e loi)ment purpose delisted as less ihan one year and will he reinstalled at the same location then no further action is needed. II said move or rentoval vyill he greater than one year than thirty ( 0( clays i,irior to its removal. the City/County must notify Minneapolis (OR TL.C..ATTN: Tony Flull)of its intent to remove the bike parking facility. I the said bike parking facility will he moved to another location. then a relocation request and site plan shall he submitted to Minneapolis. Minneapolis evill coordinate with `1I (. if the NTP program still exists. Minneapolis shall either approve a new location within the City/County for the bike parking facility or request that the hil:c' parking, facility bey returned to Alirntcap_slis for installation elsewhere in theTwin Cities eligible NIP area. ivlinncapolis will respond to the removal notilication within the thirty (30) notification period and notify the participating City County in wriling of its decision. 46 E ach Lit v COuntv will be r esponsible ror the removal arid delivery cost of the I parking facility Nlinneapolis. but \\ill riot be responsible for reptbynlent of any NI "f1 federal grant clue to the removal of the bike pail:hitt facility. Ihe al removal provkions \\ill no lontler be in effect alter the live (5 minimum useful life as described in Section 2e. ‘VITNESS MIEREO.F., the parties ha\ e SL their hands ,,r the dav and year first abovC written. CIFY/C()1`,NT1/ OF By: Is Mayor Bv: Its City Nianager Reviewed and appro\ ed By: City :Attorney :For the (Iiy of I‘linoetspolis Approved: By: \\/orks 1.)cpartment Approve(l S to Form By: Assistant City Anorno CkruntersiL4ned: Finance Officer or Desi.Ince 47 CITY COUNCIL LETTER Work Session of: April 25. 2011 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO PUBLIC WORKS ITEM: ACCEPT REPORT FOR CONDITION BY: Kevin Hansen BY: !. - STUDY OF MSC FLOOR AND AUTHORIZE DATE: April 20, 2011 DAT ': STAFF TO SEEK BIDS Background: The City has routinely spot repaired the garage floor and applied a protective epoxy coating to preserve the structural integrity of the concrete slab on a regular basis, at approximately 5 -year intervals. A protective coating was last applied in 2006 following completion of the MSC Renovation Project and prior to that in 2000. Continued floor maintenance work has been budgeted for in the 2011 Public Works Central Garage budget. Analysis /Conclusions: The Municipal Service Center was constructed in 1971 for Public Works operations. The building's main floor is used for parking of light duty vehicles and equipment repair. At the time of construction the concrete floor was not coated with a protective traffic coating. It is believed that within a few years following construction, a protective coating was applied and has since been redone on approximately 5 -year cycles to preserve the integrity of the reinforced floor. In the last couple of years the concrete surface has experienced significant spalling, delamination, and deterioration of the reinforcing steel (where visible). Since the floor is nearing 40 years of service, staff contracted with Stork Twin City Testing to conduct a condition analysis (report attached). The primary purpose was to analyze the floor for: • Conduct a condition analysis of the concrete slab, including concrete strength. • Perform a salt analysis by testing concrete samples for chloride impact to determine corrosion impacts. • Perform a delamination survey. • Provide a weight analysis of the floor system by reviewing the original design plans and test results. • Develop a recommended repair plan. The report details the process, testing and analysis that may be summarized as follows: • Concrete Slab (pages 5 and 6): The concrete was tested in three areas and was found to have good compressive strength. The floor slab was designed with minimal thickness range of 7 to 8 -1/2 inches. Through repairs in the last 15 years, staff has found actual slab thickness to be 5 inches in isolated areas. • Salt Penetration (page 5): As the slab is reaching 40 years of use in a salt environment (i.e., plow trucks), it is expected to find chloride in the concrete. Chloride testing found excessive values in two of the three test areas. • Delamination /SpalIing (Page 4): Delamination /spalling was found throughout the top surface of the slab and in isolated areas of the underside. COUNCIL ACTION: 48 CITY COUNCIL LETTER Work Session of: April 25, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ACCEPT REPORT FOR CONDITION BY: Kevin Hansen BY: STUDY OF MSC FLOOR AND AUTHORIZE DATE: April 20, 2011 DATE: STAFF TO SEEK BIDS Page Two • Floor Rating Analysis (page 5-6): Normally, design ratings for structural decks are provided on the design plans. Our record drawings do not provide any load ratings. Stork Twin City Testing used the available plans to perform a structural analysis of the deck system -- vertical columns, support beams, and the concrete deck. Their analysis concluded that the system is not sufficient to support the wheel loading of the heaviest equipment used by the City, such as the fire engines, Public Works vactor, and frontend loaders. Staff has subsequently implemented weight limits for vehicles on the main floor. Stork Twin City Testing recommends concrete slab repairs consisting of reinforcing steel replacement and concrete repairs, followed by a 3 -coat type epoxy traffic coating. Due to the impact of weight limitations on equipment maintenance and repairs, staff also recommends an analysis be evaluated to detennine the most cost effective way to strengthen at least a portion of the slab to allow heavier equipment access. Based on discussion at the March Work Session with the Council, a subsequent analysis was conducted to evaluate the strengthening of the MSC floor. The attached report by SRF reviews options and associated cost estimate for structurally reinforce a portion of the floor to allow heavier City equipment access for servicing. The report concludes that the best option is the conventional steel 1 -beam support from under side to provide access for up to 40,000 lb equipment. The preliminary cost estimate for this work is $75,000. Staff has budgeted $70,000 in the 2011 Central Garage budget for the concrete repair and coatings work. Recommended Motion: Move to accept the MSC garage floor condition study report by Stork Twin City Testing and Floor Strengthening Report by SRF, and authorize staff to seek bids for concrete repairs and protective slab surface coating for the MSC main floor. Attachments: Stork -BCG Report dated January 7' 2011 SRF Report dated April 20 2011 COUNCIL ACTION: 49 Stork Twin City Testing Corporation Materials Technology Material Testing • Non - Destructive Testing January 7, 2011 Product Evaluation • Construction Materials 662 Cromwell Avenue Ms. Kathy Young St. Paul, MN 55114 City of Columbia Heights USA 637 38 Avenue NE Columbia Heights, MN 55421 Tele axone : (651) 659 -334 (651) 659 -7348 8 RE: 2010 Condition Study for the Columbia Heights Maintenance Garage Columbia Heights, Minnesota BCG Project No R788 -10 -1 TCT Project No. TCT0005110P Dear Ms. Young: This report presents the 2010 Condition Study performed by TCT -BCG Engineering consulting team for the Columbia Heights Maintenance Garage, located in Columbia Heights, Minnesota. The purpose of the report is to provide a written report summarizing the condition of the garage, to provide a maintenance plan for planning and budgeting maintenance and repair items, and to provide a structural analysis of the existing structure. It has been a pleasure to provide our engineering services to you for this report. Should you have any questions regarding this report please call Mark at (651) 659 -7447, or Dan at (612) 789 -6696, extension 17. Sincerely, Twin City Testing — Buildings Consulting Group, Inc. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED ENGINEER UNDER THE LAWS OF THE Daniel E. Poppler, P.E. STATE OF MINNESOTA. Senior Engineer Buildings Consulting Group, Inc. Lewis Y. Ng, P.E. Buildings Consulting Group, Inc. Mark Straight, P.E. DATE: January 7, 2011 REG.NO. 16929 Senior Project Engineer Twin City Testing are ai arNAcr I antNized tor any pr ose cc rap, Ns coNitioar, coort ,. .rune ,, of our „IIC- f acti otaa pot I E ,fcarpt rot ativorNcHti coprpytterf TN, certNrata pa except Nit yatitcof tarittrat r , .`.off and rolta, Po ttioacto or 7c:u,r. t, I., ,r ,t Occornent r . toe cffroahorf rap AttiPPy 5iat:,,. t " ^` ..v 4 i ,3 J _ i„ ccaritc or rOfrotpaa,r, �o t ._da au : tAaNNNNoct Apt , t, E la ,i I .z o.;! ort,aNra ihe ferttxporfaer Pap, ro, r ..3. . ray. Natf , r f,, CqgAraGli,11 . . ..,es ,....,v CN,LEEt talT Stork Twin City Testing Corporation is an operating unit of Stork Materials TechnoWB.V., Amsterdam, The Netherlands, which is a member of the Stork Group. 2010 Condition Study and Structural Analysis of the Columbia Heights Maintenance Garage Columbia Heights, Minnesota BCG Project Number: R788 -10 -1 TCT Project Number: TCT005110P January 7, 2011 TABLE OF CONTENTS Section Description Page Number 1, Introduction 1 2. Project Description 1 3. Condition Study Procedures 1 A. Background Information Review 1 B. Field Observations 2 C. Delamination Survey 2 D. Chloride Ion Testing 2 B. Rating Definitions 2 4. Structural Analysis 3 A. Field Measurements 3 B. Reinforcing Steel Layout Survery 3 C. Concrete Coring and Compressive Strength Testing 3 D. Structural Calculations 3 5. Condition Study Results 4 A Structural Systems 4 1. Structural Slab System 4 2. Concrete Beams and Columns 4 B. Waterproofing Systems 4 1. Floor Coating System 4 2. Drainage and Drainage Fixtures 4 C. Chloride Ion Test Results 5 6. Structural Analysis 5 A. Field Documentation 5 B. Concrete Coring and Compressive Testing 5 C. Structural Analysis 6 7. Repair Cost Analysis 7 8. Conclusions and Recommendations 7 A. Condition Study Conclusions 7 B. Structural Analysis Conclusions 8 51 Condition Study and Structural Analysis of the Columbia Heights Maintenance Garage January 7, 2011 Page 1 of 8 2010 Condition Study and Structural Analysis of the Columbia Heights Maintenance Garage Columb He Minnesota BCG Project Number R788-10-1 TCT Project Number TCTO05110P INTRODUCTION Twin City Testing, Inc. (TCT) along with its restoration engineering consultant Buildings Consulting Group, Inc. (BCG), referred to as the TCT /BCG team in this report, was retained by the City of Columbia Heights to perform a condition study and structural analysis of the Columbia Heights Maintenance Garage, located in Columbia Heights, Minnesota. The City of Columbia Heights is interested in determining the current condition of the Maintenance Garage Supported Slab and approximate budget needs for a repair and maintenance program to address the deterioration that is present and to protect the structural elements from ongoing deterioration and major repair programs in the future. The general objectives of this condition study are: • To assess the current conditions of the structural and waterproofing components of the maintenance facility garage. • To evaluate repair and protection options and their associated costs to determine a cost effective repair strategy. • To provide a structural analysis of the structural slab and support members to evaluate the load carrying capacity. PROJECT DESCRIPTION The Columbia Heights Maintenance Facility was constructed in 1973 and consists of one structurally supported level. The total area of the structurally supported level measures approximately •# ° - I 210 feet by 110 feet. The supported level utilizes a mild steel ... reinforced cast -in -place concrete slab with mild steel reinforced concrete columns and beams. �� . ;41611 Ongoing maintenance has been performed in the past : consisting of isolated concrete patching and applying an epoxy floor coating system. CONDITION STUDY PROCEDURES Our engineering services for the condition study of the maintenance garage, included the following: Background Information We reviewed original design plans as made available to us. Review We discussed maintenance records with the garage operator's /building engineering /maintenance staff to familiarize Twin City Testing — Buildings Consulting Group, Inc. 52 Condition Study and Structural Analysis of the Columbia Heights Maintenance Garage January 7, 2011 Page 2 of 8 ourselves with the structural repair /maintenance records in order to reduce the number of assumptions to be made. Field Observations Observations were performed to document the condition, extent, and location of concrete deterioration. Observations were made using the terminology outlined by ACI Committee report #201.1R. This phase of work included a visual review of: • Structural components such as structural deck ceilings, beams, columns, and walls • Waterproofing components such as expansion joints, traffic coating, and joint sealants. • Drainage items, such as surface drainage profile, drainage fixtures and pipes. Deiamination Survey A delamination survey was performed using the chain drag method on the topside of the structural concrete slabs to locate areas with internal delaminations. All hollow sounding areas will be circled with chalk marks on the concrete floor surface for temporary identification. The remaining structural elements such as ceilings, beams, walls and columns were sounded with a hammer as required. The underside of the beams and structural slab were sounded from a hydraulic lift that was available on site. Chloride on Testing Concrete dust samples were taken from three locations to measure the water - soluble chloride -ion content in the slabs. Samples were taken using a 1/2" diameter rotary percussion drill at intervals of %" to 1 -1/2 ", and 1 -1/2 to 2 -1/2" from the slab surface. A total of two concrete dust samples will be taken at each location. We patched the sample locations with a cementitious grout at the completion of our fieldwork. The water - soluble chloride ion content of the concrete dust samples was tested using FHWA- RD -77 -85 procedures by Twin City Testing. The test results of the chloride on contents were reviewed to evaluate the potential of future reinforcing steel corrosion and their impact on repair options. Condition Study Rating A scale of excellent to poor is used to describe the general Definition condition of the structure. These descriptions as used in this report are defined in the following paragraphs. Excellent These structural components are in a "like new" condition, and are performing as intended. Good These structural components are slightly distressed but are performing as intended. Fair These structural components exhibit notable Twin City Testing — Buildings Consulting Group, Inc. 53 Condition Study and Structural Analysis of the Columbia Heights Maintenance Garage January 7, 2011 Page 3 of 8 distress, but are performing adequately although not as originally intended. Poor These structural components are significantly deteriorated, and are not performing as intended. STRUCTURAL ANALYSIS Our engineering services for the structural analysis of the maintenance garage, included the following: Field Measurements Performing field documentation of the as -built layout and sizes of the concrete columns and beams and verifying the structural components with the original design drawings. Reinforcing Steel Layout Performing field documentation using a pachometer to identify Survey the existing reinforcing steel layout in the structural slab at the topside and underside of the structural slab. The reinforcing steel layout was identified in two bays on the slab underside and three beam lines on the topside of the slab. Concrete Coring and Three 4" diameter core samples were taken from the structural Compressive Strength slab for laboratory testing. The core locations were repaired Testing with a concrete patch material. Twin City Testing obtained and tested the core samples to document their compressive strength. The results were used to identify the existing compressive strength of the concrete to be used in the structural analysis. Structural Calculations Structural calculations included calculations of the concrete slab, typical beams and columns to judge the structural capacity. The analysis used the strength and test data obtained from the condition study as well as information contained in the original plans and specifications. Our work did not include structural calculations to verify the original design or as -built capacity of the entire parking structures except the structural components indicated. Twin City Testing — Buildings Consulting Group, Inc. 54 Condition Study and Structural Analysis of the Columbia Heights Maintenance Garage January 7, 2011 Page 4 of 8 CONDITION STUDY RESULTS Our condition study results are summarized below. STRUCTURAL SYSTEMS Structural Slab S stem The structural slab system consists of cast -in -place one -way concrete slab with mild reinforcing steel. The concrete slab e displayed concrete spalling / delamination distress throughout the structurally supported floor slab. The spalling /delaminations were typically located along the beam lines at the topside of the ‘ slab where the top reinforcing steel is located. The delaminated area was estimated to be about 5% of the total vg area. The concrete slab displayed isolated concrete spalling distress Floor De/amination on the underside of the slab. Past repairs to the underside of 1 the slab had been performed and consisted of shotcrete { concrete repairs. The most extensive locations of concrete spalling were located below the entrance and exit lanes and at isolated drain locations. Slab Underside Spatting Concrete Beams and Columns The concrete beams and columns consisted of mild reinforced cast -in -place concrete members. The columns and beams were in good condition with isolated concrete spalling present throughout the underside of the structural slab. WATERPROOFING SYSTEMS Floor Coating System The structural slab had an epoxy type floor coating system applied to the surface of the concrete slab. In general the coating was performing adequately. The coating appeared to be a one -coat system and the coating had been re- applied every 5 to 10 years. Drainage and Drainage The drainage of the supported slab was good, positive drainage Fixtures was present throughout the maintenance garage. Drains were iy present in the middle of every bay between beams. Most of the drains were located along the mid -line of the slab, however, a line of drains were also present at the west parking stall bays as well as in the wash bay. The drains and piping were in good condition and consisted of cast -iron drains with a mixture of original cast -iron piping as 7 well as PVC replacement piping sections. Typical Drain System Twin City Testing — Buildings Consulting Group, Inc. 55 Condition Study and Structural Analysis of the Columbia Heights Maintenance Garage January 7, 2011 Page 5of8 CHLORIDE ION TEST RESULTS The chloride ion testing results are shown in Table 1 below. Table 1: Chloride Ion Test Results 2010 Water Sample # Description Depth Soluble Chloride - lon Content* 1 1 / 2 " to 1%12" .._.._._. 1910 1 Grid C.8, 3 11 to 2'/" 450 1 /2" to 1'/" _._..._......._........._._660 2 Grid B, 4.3 1'/" to 2'/" 330 3 Grid I, 4 1 / to 1'/ 87 1'/" to 2W /" 50 * Chloride Ion Content is expressed in parts per million (mg /kg) The threshold value for increased potential for corrosion occurring in a concrete encased slab is approximately 300 parts per million. The chloride ion level in the concrete slab from the %" to 1'/" depth has exceeded the threshold value in two of the samples. The reinforcing steel is generally located at approximately 2" from the top of the slab, the chloride ion levels at the 1 to 2'/2" depth were above the threshold value for corrosion in two samples. STRUCTURAL ANALYSIS Field Documentation Field documentation was performed and included verifying the sizes and spacing of structural support members including beams and columns. The size and spacing of beams and columns matched the original design drawings. The reinforcing layout for the structural slab was also verified using a pachometer (reinforcing steel bar locator) to identify the as -built layout of the top and bottom steel in the structural slab. The reinforcing steel layout was reviewed at three locations on the topside of the slab as well as three locations on the slab underside. The location of the reinforcing steel corresponded with the structural drawings. Concrete Coring and Concrete cores, 3" in diameter, were removed from the Compressive Testing structural slab at three locations to attain the in place concrete compressive strength to be used in the structural analysis. The compressive test results were as follows: Twin City Testing — Buildings Consulting Group, Inc. 56 Condition Study and Structural Analysis of the Columbia Heights Maintenance Garage January 7, 2011 Page 6 of 8 • Core #1 — 6380 psi • Core #2 — 5700 psi • Core #3 — 6010 psi The average concrete compressive strength used in our analysis was 6000 psi. The original design strength as shown on the structural drawings was 4000 psi. Structural Analysis A structural slab analysis was performed to determine the as- built capacity of the structural slab, typical beam and typical columns. The structural drawings by Frank Horner Co., dated May 1, 1972, were reviewed to determine the original design loads and reinforcing steel layout. The design loading for the structural slab was not provided on the drawings. Our analysis of the structural support system utilized the field collected data as well as the design drawings to determine the capacity of the structural elements. We analyzed the structural elements using code required live loads as well as the axle loads for the equipment that is serviced in the maintenance garage. Our review of the structural slab consisted of applying a uniform live load on the parking garage slab and superimposing axial loads for the heavier vehicles in the garage. Based on our analysis the existing slab is not sufficient to support the heavy wheel loads associated with the heavy commercial vehicles, such as the front end loader, vector truck, plow trucks and water truck. The concrete slab span length of 20 feet and the minimal slab depth of 7" to 8 -' /2" controls the maximum load carrying capacity of the slab and its inability to support the heavier applied loads. We analyzed the structural beams as a continuous member as it is shown on the structural drawings. Based on the reinforcing steel layout in the beams the capacity of the beams are capable of only supporting the concrete dead load as well as a uniform live loading condition of 65 pounds per square foot. The code required live load for a parking garage is 50 pounds per square foot. However, the beams were not capable of supporting the axial loads of the front end loader or single axle dump trucks. We also analyzed the beams in the way that they are likely performing, as a three bay beam with the fourth beam acting as a simply supported beam. The minimal amount of top steel over the column support at Grid 3 leads us to believe that this scenario is how the structural beams are truly acting. Based on this analysis the structural beams are capable of supporting a 100 psf live load in addition to the axial loads from the heavier vehicles in the garage. Our analysis of the columns indicates that they are sufficient to support the loads applied to the garage structural members. Twin City Testing — Buildings Consulting Group, Inc. 57 Condition Study and Structural Analysis of the Columbia Heights Maintenance Garage January 7, 2011 Page 7 of 8 REPAIR COST ANALYSIS Based on the amount of concrete distress present in the maintenance garage, a medium term type of repair program was evaluated. This repair option is the recommended amount of required repairs to keep this facility in compliance with current building codes along with installation of protective waterproofing measures such as installation of a traffic membrane. Accordingly this repair option is considered pro- active. The service life for "Medium -Term Repairs" is estimated between 10 and 15 years. This means this type of repair program will be required every 10 to 15 years. The estimated costs for these repairs are shown in Table 2. Table — Medium Term Repair Budget Item No. Description Estimated Price 1 Contractor's Overhead & Mobilization $14,000 2 Concrete Repairs and Reinforcing Steel $26,000 3 Concrete Underside Repairs $23,000 4 Application of Traffic Coating on Slab $50,000 5 Floor Drains and Piping $7,000 6 Miscellaneous Repairs $5,000 , 7 Subtotal $126,000 8 Contingency Budget $13,000 9 Professional Design Services $13,000 10 Recommended Repair Budget $152,000 (1) These items are based on 2010 construction cost trends and do not include provisions for inflation, financing costs, and other related cost factors. CONCLUSIONS AND RECOMMENDATIONS Condition Study Conclusions Based on our condition study, the maintenance garage is in fair to good condition. Widespread concrete delaminations were present in the structural slab, particularly along the beam lines. This distress is caused by water and deicer salt infiltration causing corrosion of the embedded reinforcing steel. Repairs to the concrete slab and supporting members are recommended in the next year to maintain the condition of the maintenance garage. The repairs should include concrete slab repairs to address topside concrete delaminations along the structural beam lines, replacing significantly deteriorated reinforcing steel and installing a new concrete repair material. Underside concrete repairs to the concrete slab and supporting members should be addressed with a concrete repair material Twin City Testing — Buildings Consulting Group, Inc. 58 Condition Study and Structural Analysis of the Columbia Heights Maintenance Garage January 7, 2011 Page 8 of 8 from the underside of the structural slab or as a full depth concrete slab repair. Upon completion of the concrete repairs, a new traffic coating system should be installed to the concrete slab that would include a three coat system. The existing epoxy coating system appears to be performing adequately, however, epoxy material is brittle and is prone to cracking which allows water and salt penetration in the concrete slab. We recommend a three coat system that would include a urethane base coat, urethane wear coat and epoxy top coat. The urethane base coat would provide a waterproofing layer that would have increased flexibility characteristics over a complete epoxy system. We recommend that a medium term repair approach be performed to address the deterioration in the maintenance garage. The budget recommended for the repairs is estimated at $152,000, including contingency and engineering fees. Structural Analysis The structural analysis results indicate that the structural slab is Conclusions not sufficient to support the wheel loads associated with the heavy equipment that is housed in the maintenance garage. We recommend that the heavy vehicles be prohibited from parking on the structural slab as the analysis indicates that the concrete slab is severely over - stressed. Particularly due to the loaded plow trucks, front end loader and vector truck. The existing slab can be strengthened in a number of ways including: • Slab Replacement — Increasing the slab thickness and reinforcing steel area to increase the slab capacity. • Supplemental Supports — Decreasing the slab span by installing supplemental steel beams. • Carbon Fiber Reinforcement and Slab Repairs — Increasing the slab capacity with a combination of increased top steel reinforcement at beam lines and carbon fiber reinforcement on the slab underside. The costs associated with the strengthening of the slab was not analyzed, however, a ball park figure for complete slab replacement would be $700,000 to $900,000. We recommend that a slab strengthening option be reviewed to determine a more accurate cost estimate for strengthening the structural slab and determine the most cost effective strengthening option. Twin City Testing and Buildings Consulting Group, Inc. are available to perform the structural slab strengthening review and the design of the Medium Term Repairs. Twin City Testing — Buildings Consulting Group, Inc. 59 P NC(NF RS Pt.. \ nERS D ESICNERS oustit1ing Croup, Inc. SRF No. 7427 April 20, 2011 Mr. Kevin Hansen, P.E. City Engineer & Director of Public Works CITY OF COLUMBIA HEIGHTS 637 — 38 Avenue N.E. Columbia Heights, MN 55421 SUBJECT: FLOOR CAPACITY UPGRADE PUBLIC WORKS MAINTENANCE GARAGE Dear Mr. Hansen: In conformance with our proposal dated March 18, 2011, we are pleased to present this feasibility study for the capacity upgrade of the maintenance garage floor located at 637 — 38 Avenue N.E. in Columbia Heights, Minnesota. Background Constructed in 1971, the public works building consists of two primary levels and a mezzanine level on the north end of the building that houses the administrative offices. The main level (or first level) is accessed on the west side through two large overhead doors and is used primarily as a maintenance garage. The lower level is accessed similarly, but from the east side of the building and is used primarily for storage. The first level, which is being considered in this study, consists of a mild -steel reinforced concrete slab and beam system supported on concrete columns. In early 2011, an investigation was performed to evaluate the overall structural condition of the facility and to analyze the structural capacity of the first level floor structure to accommodate vehicle maintenance operations for the City's public works vehicles. The study concluded that the first level did not have adequate capacity to support many of the heavier vehicles that are to be serviced there. The City's expressed intent is to have heavier vehicles access the garage through the southwest entrance to gain access to two vehicle lifts located in the east half of the facility. Since the floor between the southwest entrance and the lifts was determined to be insufficient to support the heavier vehicles, the city has expressed a desire to upgrade the capacity of the floor in this area. www.s rfconsuIting.com {hir Carman 1 .‘,, ' `,urtlt, ti;.i rtr I 0 \1+nirirtule� \t♦ SS 1 -7- -d -1-73 I t -,.?;; 1)0143 fart; [rC.3 In I nnol 1)1 1 Mr. Kevin Hansen, P.E. - 2 - April 20, 2011 The purpose of this investigation is to review the existing capacity of the floor structure, analyze the options for upgrading, and to recommend the most feasible and economical method for its upgrade. It is important to note that our calculations are preliminary in nature and are performed to the extent required to determine feasibility and to estimate approximate costs. Scope of Work SRF's scope consisted of the following items: • Review existing information (plans and previous report) • Meet with City on site to view the facility and discuss project constraints • Perform preliminary analysis for up to three strengthening options • Prepare cost estimates for up to three strengthening options • Prepare draft feasibility letter report • Discuss preliminary report findings with City • Prepare and issue final certified letter report Investigation In order to become familiar with the structure, SRF reviewed both the original design drawings (sheets SI- S4) and the report prepared by Stork Twin City Testing Corporation dated January 7, 2011 provided by the City. We were also on site on April 1, 2011 to review the existing conditions of the structure and to discuss overall project constraints. While on site, we observed the general condition of the first level as well as the lower level where many of the larger vehicles were being stored. At this meeting, the area of investigation was identified and is shown on the attached drawing. We discussed the option of strengthening only a portion of the structure and how to ensure that all users of the facility are aware of the varying load limits. It was also noted that the city should consider other means of indicating the variable capacity such as striping the deck surface with high visibility paint and /or by providing overhead obstructions for larger vehicles. The analysis of these items was not included in this study or estimate. Also at the site meeting, a concern was raised as to the actual thickness of the concrete slab, which is shown on the original plans to vary from 8 %2 inches to 7 inches. Verbal reports from maintenance personnel indicated a significantly thinner section at some drain locations. As a precaution, Braun Intertec was hired to perform GPR testing of the slab to verify the thickness at various locations of the area being studied (see attached report). The testing showed the deck to be generally in conformance with the original design drawings with a slight decrease in thickness near the drains of one -half inch. Small localized variations in the deck thickness, such as this, will not have a significant effect on the overall capacity of the structure. To account for variable slab thickness in some areas, we assumed a 20 pound per square foot uniform load over the entire slab area. All other parameters listed in the original design drawings were assumed to be accurate for our analysis. 61 Mr. Kevin Hansen, P.E. - 3 - April 20, 2011 A list of vehicles that will potentially use the facility was provided to SRF and is attached. The design vehicle selected was the 1995 L9000 Fire Truck. In addition to the information listed, the City provided specific vehicle information with regard to wheel configuration and uneven axle loading. A front axle load of 12,800 pounds and rear axle of 21,540 pounds was used. Although a uniform load was not specified, a 100 pound per square foot uniform load (reducible per IBC) was deemed appropriate for the area investigated. This uniform load was not assumed to act concurrently on a given span with the large vehicle loads discussed. Our analysis of the existing structure included the following items for the area investigated: • Allowable footing bearing pressure • One -way slab capacity • Beam capacity • Column capacity Two primary strengthening methods were considered in this investigation: supplemental steel beam supports and externally bonded carbon fiber reinforced polymers (CFRP). CFRP were eliminated for further consideration due to cost and performance considerations. With the relatively high cost of FRP materials and the small list of qualified local installers, the cost for this application would likely far exceed the more traditional steel method. Also, the addition of externally bonded CFRP strips would not significantly reduce the amount of deflections that develops under heavy loads. The steel beam support method on the other hand, will reduce the span by fifty percent which will increase its effective stiffness significantly. The City could consider configuring the bid documents with steel as the base design option and CFRP as a bid alternate. This could be done with relatively little additional design costs. If this were to be done, it would be advisable to send the advertisement to a few specific contractors to ensure the alternate is considered. Conclusions and Recommendations It is our opinion that strengthening the existing slab by installing supplement steel beam supports underneath the slab is the most economical method for upgrading the load- carrying capacity. The attached drawing shows a preliminary framing plan which provides support at the approximate mid -span of the affected slabs (adjusted to clear floor drains). With the reduced span, the existing structure is sufficient for the Toads considered. The additional support at mid -span may however, induce some additional cracking in the slab at that location. There are three options to address this item. The first is to saw -cut and grout in supplemental steel bars to carry the load. The second is to pre -cut the slab to attempt to control the cracking and apply a sealant. Lastly, the cracks can be routed and sealed when and if they develop. The estimate assumes the last option and does not include costs as this will become a future maintenance item instead of an initial cost. 62 Mr. Kevin Hansen, P.E. - 4 - April 20, 2011 We estimate the construction cost of this work, including 15% contingency, at approximately $59,000 or $16 /SF for the floor area indicated. A preliminary estimate is attached showing our assumed breakdown of the work and the associated unit costs. The steel system could be installed very quickly using conventional methods and many local contractors would provide a competitive bidding environment. The erection would likely be completed in less than a week. The opinions and recommendations contained in this report are based on information provided by the City and other consultants hired by the City, on field investigations performed as part of this project, and on preliminary design -check calculations performed that were based on the information gathered. This report does not address any portion of the structure other than those area mentioned. It does not provide any warranty, either expressed or implied, for any portion of the existing structure. It has been a pleasure to provide these services to you. Please call if you have questions in regard to this report. Sincerely, SRF CONSULTING GROUP, INC. 7, Matthew J Cramer, P.E. Senior Associate MJC Enclosures cc: File 7427 N. \Projects174271PM\7427 Report.docx 63 1 i L I'? w t... i 1 I I - - - - - - — - - --- - — i I 6 I I 1 1 1 0 _ ___ _ I 1 I 1 1 6 1 t t li' 1 I I 1 i t 0 1 . 1' I P3vc' - 2,3 6128a3 1 1 I I I I , 0 - _ ______ _ ----------- _ _ 2 i I g i 1 1 1 zs • 6 ' 3 A --.- - i 5 g I g 1 g'E 0 k'.. I I li orxiitM > :e. 1 I I 3 0 I 1 r ____ I 3: . 0 1.1 1 0,,...,,, II , os•ninn "j ttxsilu■ , I 0 61 I E 1 I w = . 1 Z I 1 1 1 1 E g ILI CL 6 1 1 1 _I CL 1 1 i i ■ CL CD 0 _ I I __ _ - a*:, 0 = I I 1 i fr 63 .0—,Or 0 Ct 0 ° 3 C) CD 0 ..,61.1. C) 0 0 ...t. . ca, w s3 a—. 0_ (3 0 1 1111 MI ri71: „ ....„ ...„ ....„,,, 64 Pagel of l BRAUN I NTE RTEC Daily Field Notes Project No.: BL-11-01716 Report No.: 1 Location: Columbia Heights Public Works Building Date: April 7, 201 1 Personnel Classification Regular Hours Overtime Hours NickHansen GPR 1.00 Areas and work performed this day: Braun Intertec personnel visited the Columbia Heights Public Works building on April 7, 201 1 to investigate the main floor slab using a 1000 MHz Ground Penetrating Radar (GPR) to observe the thickness of the slab. Scanning was conducted from the general area of the large overhead door extending several bays into the slab. Results of the scanning were observed in real time. Calibration of the velcoity of the concrete was taken to reflections observed from reinforcing and an average velocity of .328 ft /ns was used for thickness observations. In general, concrete thickness was observed to range from 8.5 inches to 6 inches. It was observed that a maximum thickness of 8.5 inches was found with respect to column /grid lines. Thickness was found to taper (thin) at the midpoint of the bays where existing floor drains were observed. In general thickness at the drains was observed at 6.5 inches with one drain at the northern portion of the garage area observed at 6 inch thickness. Results of the scanning and observations and system limitations were explained on site to Kevin Hansen with the City of Columbia Heights. Weather: N/A Performed By: Nick Hansen Submitted To: Kevin Hansen - Columbia Heights Date: April 7, 2011 Rev. 10/06 ti e Providing engineering and environmental solutions since 1957 «) 'co EN c:) to CV CV N- C ... 4 ..1 0 0 0 0 0 0 0 0 0 0 0 0 LO 0 0 0 0 0 0 0 ... th 0 CO 0 0 0 CO CD 0 et CN 0 0 N- CO 0 0 0 0 0 CO CD c- 0 0 .h." ...t.: 1() , :f (0 Cr) N.: csi 0 y - - ai _-,7-1 05 0 10 (.(D , 1- - or; 0 C'4 C) N ,-- cv (NI 1 CV CV Csi C \ 1 -*" CV N V C C') CV .1... 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C rX f: Cr) 0 0 w - - - Z CN ll. li. -I -1 -I C‘ CL �, 0 0 ( H- ir w w w w ,_w 31-Fl2WOLI-1-lcoF- 000 --> 0 M 1- il•mo CO 0) ":1 r-- CO . .4" r 0 CO 0) 00 0 V CO CO 0 CD LO 't 0 O MI 0 cn a a cn cn 0 a cn a o .1- N- a a cn a 0) CO a) 0 o a) a) o a) a) o o 0) o o o o 0) 0 a) o 0) 0) 0) 0 2 ,.. CV N V" (‚4 %-- V CV CV c CNJ CV CV CV c CV c CV c c e ll.. 1... 4t ,-- , 4- 0) , ct co Lc) r- 0) 0) o V CV CO 0) N . 4 CO V" . 4 * 0 O Oam 0 0 CD T V (0 CO CO CO (0 0) co 0) a) o o (N1 CO CO 0) 0„ 0 0 0 0 0 0 0 0 0 CD 0 0 0 0 c-- c- c N- N- N- >1 M ..... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO CO CO 0w LLI 66 4/20/11 PRELIMINARY ENGINEERS COST ESTIMATE FOR MAINTENANCE GARAGE FLOOR UPGRADE COLUMBIA HEIGHTS, MN ITEM DESCRIPTION UNIT QUANTITY UNIT TOTAL COST AMOUNT MOBILIZATION L SUM 1 2,000.00 2,000.00 REMOVE & RELOCATE MISC. M & E L SUM 1 2,250.00 2,250.00 STEEL BEAM MATERIAL LBS 13000 1.35 17,550.00 STEEL BEAM INSTALLATION LBS 13000 1.50 19,500.00 FIREPROOFING SF 2000 2.50 5,000.00 BEAM CONECTIONS AT CONCRETE EACH 19 200.00 3,800.00 INTERMEDIATE BEAM CONNECTIONS TO SLAB EACH 11 100.00 1,100.00 SUBTOTAL $ 51,200 CONTINGENCY (15 %) $ 7,680 TOTAL ESTIMATED CONSTRUCTION COST (2011 DOLLARS, $ 58,880 OVERALL UNIT COST (5/SF) $ 16 Estimate Notes: 1) Includes cost to remove and replace ventiailation ductwork between GL C and D along the west side 2) Steel weight includes 5% additional for misc. items 3) Connection to column steel plate epoxy anchored into side of beams 4) Assumes 2 keeper angles per 30 foot steel beam span for bracing 5) Does not include soft costs H:\Projects\7427 \Excel \7427 CH Maintenance Garage - Preliminary Estimate.xls 67 CITY COUNCIL LETTER Meeting of: 4/25/11 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS n i � i ITEM: ADOPT RESOLUTION 2011 -027, BEING A BY: K. Hansen BY: RESOLUTION ACCEPTING BIDS AND AWARDING THE DATE: 4/19/11 DAT . 2011 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT 1100 Background: On February 14, 2011 City Council authorized staff to seek bids for the Annual Miscellaneous Concrete Repair Program to replace /install concrete throughout the City. Six contractors requested copies of the bidding documents. Two bids were received and publicly read aloud at the April 19, 2011 bid opening. A copy of the bid opening minutes is attached. Analysis /Conclusions: The low bid was submitted by Ron Kassa Construction, Inc. of Elko, Minnesota, in the amount of $39,264.70. The unit prices are consistent with the Engineer's Estimate and increased less than I% over the 2010 program unit prices. Specific items replaced or repaired under the Miscellaneous Concrete Program base bid include structures such as curb and gutter, sidewalk and street panels. The concrete replacement is budgeted for in the Public Works Department budgets, such as in the Water Fund, for repairs of damaged concrete caused by water main breaks or paid for with funds generated by projects such as special assessments for curb and gutter replacement in seal coat areas. Recommended Motion: Move to waive the reading of Resolution 2011-027, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2011 -027 being a Resolution accepting bids and awarding the 2011 Miscellaneous Concrete Repairs and Installations, City Project No. 1100, to Ron Kassa Construction, Inc., based upon their low, qualified, responsible bid in the amount of $39,264.70 with funds to be appropriated from Fund 212 -51 100 -4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Attachment: Resolution Bid Opening Minutes COUNCIL ACTION: 68 RESOLUTION 2011 -027 RESOLUTION ACCEPTING BIDS AND AWARDING THE 2011 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT 1100 TO RON KASSA CONSTRUCTION, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 1100, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder TOTAL Ron Kassa Contruction, Inc. $39,264.70 Thomas and Sons Contruction, Inc. $57.305.04 WHEREAS, it appears that Ron Kassa Construction, Inc., 6005 250` St E, Elko, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Ron Kassa Construction, Inc. in the name of the City of Columbia Heights, for the 2011 Miscellaneous Concrete Repairs and Installations, City Project No. 1100, for a bid amount of $39,264.70 according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project No. 1100 shall be funded with State Aid Maintenance Fund, General Fund, Park Fund, Street Fund, Sewer and Water Fund and PIR funds. Passed this 25 day of April 2011. CITY OF COLUMBIA HEIGHTS Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 69 CITY OF COLUMBIA HEIGHTS Minutes uf Bid Opening oo Tuesday, April l9,2O|l,l0:0Ou.ro. 2011 Miscellaneous Concrete Repairs and Insta City Project 1100 Pursuant to an advertisement for bids for Miscellaneous Concrete Repairs and Installations, City Project 1100, an administrative meeting was held on April 19, 2011 at 10:00 a.m. for the purpose of bid opening. Attending the meeting were: Kathy Young, Assistant City Engineer James Molinaro, Engineering Tech Bids were opened and read aloud as foliows: Bidder Base Bid Ron Kassa Construction, Inc. *39,264.70 Thomas and Sons Construction, Inc. 57,305.04 * Corrected Respectfully submitted, Sue Schmidtbauer Public Works Secretary 70 CITY COUNCIL LETTER Meeting of: April 25, 2011 AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY MANAGER NO: DEPARTMENT: PUBLIC WORKS ITEM: APPROVE FINAL PAYMENT FOR 2009 BY: Kevin Hansen BY STREET IMPROVEMENT PROJECTS DATE: 4/19/2011 DA E: Background: The Contractor completed the 2009 Street Rehabilitation project in Zone 4 and has submitted the documents required to finalize the project. The work consisted of street and alley reconstruction and street overlays with related or special utility construction /replacement. All contract and warranty work has been completed. Analysis /Conclusions: Staff is recommending approval of final payment to C & L Excavating, Inc. and acceptance of the work. The Engineer's Acceptance Report is attached. Recommended Motion: Move to accept the Engineer's Report of Final Acceptance for the 2009 Street Improvement Project, City Project Number 0902, and authorize Final Payment of $12,982.87 to C & L Excavating, Inc. of St. Joseph, Minnesota. Attachment: Engineer's Acceptance Report Payment Voucher COUNCIL ACTION: 71 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2009 STREET REHABILITATION AND ALLEY RECONSTRUCTION, ZONE 4 CITY PROJECT NUMBER 0902 April 20, 2011 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that 1 have reviewed the work under contract to C & L Excavating, Inc. The work consisted of street and alley reconstruction and street overlays, with related or special utility construction /replacement. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $ 480,594.45 CHANGE ORDERS $ 66,714.64 FINAL CONTRACT AMOUNT $ 547,309.09 FINAL WORK APPROVED $ 524,644.37 ALL PRIOR PAYMENTS ($ 511,661.50 BALANCE DUE $ 12,982.87 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer 72 • CITY OF COLUMBIA HEIGHTS CONSTRUCTION PAYMENT VOUCHER ESTIMATE NO. Pay Final DATE: April 8, 2011 ' PERIOD ENDING: November 12, 2010 CONTRACT: 2009 Street Rehabilitation and Alley Reconstruction PROJECT NO. 0902 S.A.P. PROJECT NO, 113-050-09 TO: C AND L EXCAVATING, INC. 7939 Ridgewood Road PO Box 99 Saint Joseph, MN 56374 Phone: 320-363-1221 A. Original Contract Amount $480,594.45 B. Total Addition $66,714.64 C. Total Deduction $0.0.0 D. TOTAL CONTRACT AMOUNT $547,309.09 E. TOTAL VALUE OF WORK TO DATE $524,844.37 F. LESS RETAINED (0%) $0.00 • G. Previous Payment(s) -$511,681.50 H. TOTAL APPROVED FOR PAYMENT THIS VOUCHER $12,982.87 I. TOTAL PAYMENTS INCLUDING THIS VOUCHER $524,644.37 •APPROVALS Pursuant to our field a bservations, 1 hereby recommend for payment the above stated • amount for work pe rorme through November 12, 2010 AL. AI Signed by: , \LC t■._ Ke Hans: , Pu • lic Works Director/City Engineer Date Signed by: C AND L EXCAVA ING, INC. •Date . . • 7 1 3 1gs 1 of 1 CITY COUNCIL LETTER Meeting of: 04/25/11 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ADOPT RESOLUTION 2011-30 BEING A BY: Kevin Hansen BY /I tr RESOLUTION ORDERING PREPARATION OF A DATE: 04/20/11 DA I REPORT FOR A 50 AVENUE TURN LANE, EAST OF CENTRAL AVENUE Background: To comply with Minnesota State Statutes involving an assessed improvement project, a resolution must be passed by the City Council calling for a report on the necessity, cost effectiveness and feasibility of the proposed improvement. Analysis/Conclusions: The attached resolution calls for the City Engineer to prepare the required report for a 2011 Public Improvement — the 50 Avenue turn lane, east of Central Avenue. If assessments are determined to be used for full or partial funding, a Public Improvement Hearing will need to be held for the turn lane following completion and acceptance of the feasibility report. Recommended Motion: Move to waive the reading of Resolution No. 2011-30, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution 2011-30, being a Resolution ordering preparation of a report for a right turn lane on 50 Avenue, east of Central Avenue. Attachment: Resolution 2011-30 COUNCIL ACTION: 74 RESOLUTION NO. 2011-030 BEING A RESOLUTION ORDERING PREPARATION OF A REPORT FOR TH V, 50 AVNENUE TURN LANE, EAST OF CENTRAL AVENUE WHEREAS, the City Council of Columbia Heights is proposing to add a dedicated right turn lane on 50 Avenue, east of Central Avenue, and; WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 50th AVENUE TURN LANE, EAST OF CENTRAL AVENUE NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended, and a description of the methodology used to calculate individual assessments for affected parcels. Passed this 25 day of April. 2011 CITY OF COLUMBIA HEIGHTS Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 75 CITY COUNCIL LETTER MEETING OF: APRIL 25, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: COPIER REPLACEMENT BY: WILLIAM ELRITE BY. NO: DATE: APRIL 20, 2011 Attached is a memo from the Finance Director giving additional details on the proposed copier purchase. The proposal is to purchase new copiers for several city departments. The current copiers at City Hall, Public Works, Police, and the Library were all purchased in 2003. We are also proposing to replace the copiers at Top Valu Liquor and Parkview Villa. The copiers at both of these locations were used copiers that were acquired in 2006. The following chart shows the price quotes that were received for the copier replacements. City of Columbia Heights Upfront 5 Year Copier Proposals Cost Cost Advanced Imaging Solutions Incomplete Quote Coordinated Business Systems 75,793 121,211 Loffler Companies 69,104 115,232 Marco 73,993 124,012 Metro Sales Incomplete Quote MOTG -Xerox 78,514 126,322 The copier replacement project was started in June of 2010. It was done by a team of staff members who first evaluated the copying needs in the various locations. When this was completed the next step was meeting with various copier companies to determine the most cost - effective solutions that would meet the City's needs. When this was completed a request for proposals was put together and sent to several copier vendors. The proposal and evaluation took into consideration several factors including, but not limited to, the proposing companies structure and ability to maintain the proposed copier in a cost - effective and timely manner. Another high consideration was the overall operation of the machine including its ease of use, durability, and maintenance that staff would be doing. With these and other considerations Loffler Companies provided the lowest quote for the purchase of the machines and also the lowest five -year cost for maintenance. As you can see from the chart above their proposed cost for the seven multi- function copiers is $69,104. The total projected cost including all maintenance and supplies over the next five years is $115,232. It should be noted that these are all multi- function copiers that provide copying, scanning and most of the printer requirements in the various buildings. In addition to this the public copier /printer for the Library includes a Coin -op Print Manager that will allow Library customers to make copies and print from the PCs at the Library without Library staff assistance. This will be a savings in Library staff time as currently all PC printing by customers is done to a small printer behind the counter. This then requires staff time to distribute copies to customers and collect the fees charged. 76 RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Loffler Companies for copiers, including a five-year guaranteed maintenance and supply price, based on their Iow quote ofApril |"20|l' WE:slh 1104201couwcx Attachment: Copier Replacement Memo COUNCIL ACTION: 77 CITY OF COL UMBL4 HEIGHTS DATE: APRIL 20, 2011 TO: WALT FEHST CITY MANAGER FROM: WILLIAM ELRITE FINANCE DIRECTOR RE: COPIER REPLACEMENT PROJECT (PAGE 1 OF 3) This memo is written to give some background information for the City Council and residents in relationship to the city copier replacement project. Background In the 70's, 80's and 90's copiers and their functions were very limited as far as features and capabilities. Copiers had the basic ability to copy and staple documents. In addition to that the number of manufacturers was highly limited. In this time period there were Xerox and Kodak were the major copier companies, which meant limited competition and extremely high costs for copiers and maintenance. During this time period the City utilized one large Kodak copier at City Hall. It was the primary source for copying for all departments. Administration, Police, Fire, Public Works, Library and Recreation staff all utilized this copier for their copying needs. During that time period the City was running approximately 60,000 copies per month on one machine. This was very inefficient in scheduling of staff and scheduling copying projects. The cost of a copier to fulfill these basic needs was in the $50,000- $60,000 price range with maintenance running in the area of $0.04 -$0.05 for black and white copies. Color copying was not even an option during this time period. With the significant expansion in computers, computer software, and printing capabilities the entire copier industry was rejuvenated with the beginning of the 2I Century. Copiers were expanded to be multi - function devices providing full copier functions along with the ability to be utilized as a printer, scanner, and fax machine. Along with this advancement in technology, dozens of new companies got into the copier manufacturing and sales market. This had a significant effect on the price of machines and the cost of supplies and services which both decrease significantly. This significant change allowed the City to do away with one large shared copier and placed more cost - effective copy /printer /scanner /fax machines in various departments at a lesser cost, significantly increasing cost effectiveness and productivity of staff in the fact that all copying and printing can be done on one large departmental machine for less than copying alone was done on a large production copier at City Hall. History of Departmental Large Scale Copying/Printing In 2003, the large Kodak production copier was at its life cycle and no longer performing satisfactorily. With that the decision was made to downsize and buy several smaller, multi- functional copier /printers for various departments. The request for proposals on this was very successful in the fact that we received significant discounts on the copiers and a very cost - effective maintenance and supply contract. The copiers that were purchased in 2003 are now well past their life cycle and have become very troublesome with frequent breakdowns. In addition to this, it is more difficult and more expensive to get maintenance contracts on the machines as parts are less available and the frequency of repairs has increased greatly. 78 Current Recommendation for Purchase With several copiers needing replacement, in June of 2010 a copier replacement team was put together to evaluate departmental multi - functional copier needs and evaluate the most cost effective solutions. This team has researched and viewed demonstrations from multiple companies covering several copier product lines. In this evaluation it was determined that Xerox, Kyocera, and Konica - Minolta could provide the most cost - effective solutions to the City's multi- function copier needs. In this process Ricoh copiers were viewed at two different vendor demonstrations and the unanimous consensus of the team was that Ricoh was not a cost - effective solution because of the lack of quality, frequency of jams, and overall difficulties in operation. With that decision requests for proposals were sent out to several vendors dealing with Xerox, Kyocera, and Konica - Minolta copiers. The request was to cover the cost of the new copiers in addition to providing a five -year price guaranteed plan for supplies and maintenance. Responses to the proposals were received on April 1, 2011. As reflected in the following chart, Loffler provided the best cost proposal both on the initial cost of the copiers and on a total five - year cost including the initial capital outlay as well as maintenance and supplies for five years. City of Columbia Heights Upfront 5 Year Copier Proposals Cost Cost Advanced Imaging Solutions Incomplete Quote Coordinated Business Systems 75,793 121,211 Loffler Companies 69,104 115,232 Marco 73,993 124,012 Metro Sales Incomplete Quote MOTG -Xerox 78,514 126,322 Other Items In the City Council work session the purchase of copiers was reviewed. The Council questioned the availability of copiers on state contract. We researched this and the only copiers we could find covered by state contract were Ricoh. As mentioned earlier, the copier replacement team had viewed demonstrations on Ricoh copiers at two different vendors. The result of this was that Ricoh is a very low quality copier that is difficult and inefficient to operate with higher frequency of breakdowns, jams and would not be a cost - effective solution to our copier needs. Another concern on the part of a council member was having us attempt to do joint purchasing with one or more other cities. As with most cities we do not have purchasing staff or other available staff to attempt this type of coordination. It took significant coordination to put together a request for proposals covering the six departments in the city. The copying /printing /faxing /scanning needs are different for virtually all departments which adds to the complexity of a request for proposal along with organizing a group this size to view demonstrations on the various copier solutions would make it virtually impossible to try to blend multiple cities into a single request for proposals without utilizing the expertise of a consultant which in most cases would offset any cost savings that would be generated. In addition to this a large factor in the discount on maintenance was that the company would have 7 copiers in one general location to maintain. This reduces their cost as one technician can do one preventive maintenance call to service 7 copiers at one time. Purchasing 7 copiers to be dispersed to 7 different cities across the metro area would not see the same level of discounts. 79 At this point the bottom line is that the copy replacement team did an excellent 'oh of evaluating alternatives in deterrnining the rnost cost-effective solution for the City. The purchase ofcopiers under this request for proposals should fulfill the City's copier needs in these departments for several years with guaranteed supply and maintenance costs for the next five years. YVEs1h //wzu/cw 80 CITY COUNCIL LETTER Meeting of April 25, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses I NO: DATE: April 18, 2011 DATE: 6,1- (- Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for April 25, 2011 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 81 Print Rental Licenses to approve by CC 825 41st Avenue N.E Cotumbia Heights, MN 55421 - Ph: 763-706-8156 - Fax: 763-706-8151 10003 1O1141ST AVE NE Stamness, Anthony F10818 PO Box G3 $1SU� UU 100 Warden, MT 59088 10070 3740 2ND ST NE Garner, Veronica F10945 3717 Main Street $15O� UO 100 Columbia Heights, MN 55421 10136 4513 5TH ST NE Renters VVarehouse F10929 715 Florida Ave South Suite #2O5 $ 150.00 1040 Golden Valley, MN 55426 10155 3817 HAYES ST NE Rutter, Joseph F10942 1827 W. 140th ST $ 150.00 100 Burnsville, MN 55337 10180 S5740TH AVE NE Homes for Now. F10820 1487U Granada Ave STE2DD $ 150.00 1040 Apple Valley, MN 55124 10201 112S4UTH AVE NE Robles, Blanca F10873 4855 4th Street $ 150.00 100 Columbia Heighto, MN 55421 10271 1625 37TH AVE NE Lund, Jena F10876 335O Xerxes Avenue N � $ 150.00 100 Minneapolis, MN 55412 12012 1339 CIRCLETERRACE BLVD NECarrolt Jr., Kenneth F10954 1337 Circle Terrace B!vd � N.E. $ 150.00 100 Columbia Heighhx, MN 55421 12021 403 46TH AVE NE Anderson, Joel F10869 4U14GthAvenue $ 150.00 100 Columbia Heighto, MN 55421 12049 3939 TYLER ST NE Levine, Richard F10805 100 3939 Tyler Street UpperApt $ 150.00 Columbia HeiDhts, MN 55421 12108 4660 TAYLOR ST NE Salchow, Cheryl F10870 4OS2 Taylor Street NE $ 160.00 100 Columbia HeiQhto, MN 55421 04/19/201I I0:27 Page 1 82 Print Rental Licenses to approve by CC 825 41st Avenue m.E.'Columbia Heights MN 55421 - Ph: 763-706-8156 - Fax 763-706-8151 20U11 4023 6TH ST NE Rivertovvn#2LLC F10913 I050 4S35 Chicago Ave $15O.OU Minneapolis, MN 55417 28012 5252 WASHINGTON ST NE Harlan, Bette F10958 PO Box 12OOSG $ 150.00 1053 New Brighton, MN 55112 20874 @GG471/2 AVE NE Toussi, Farrokh F10798 10O 308OPopp|erLN $ 150.00 Eagan, MN 55121 20036 4317 3RD ST NE Hassan, Diaa F10903 I00 1202 Hathaway Lane NE $ 150.00 Fridley, MN 55432 20047 3959 RESERVOIR BLVD NE Wegman, James F10934 1Q114OthAvenue $ 150.00 100 Columbia Heights, MN 55421 20088 5232 WASHINGTON ST NE Harlan, Bette F10958C PO Box 12O8GG $ 150.00 1053 New Brighton, yNN55112 20142 511O WASHINGTON STNE Harlan, Bette F10958D PD Box 12OUG8 $ 150.00 1053 New Brighton, MN 55112 20144 5146 WASHINGTON ST NE Harlan, Bette F10058E PO Box 12DOGG $ 150.00 1053 New Brighton, MN 55112 20146 5037 JACKSON ST NE Harlan, Bette F109588 2GUG Stinson Blvd $ 150.00 100 Minneapolis, MN 55418 20152 5140 WASHINGTON ST NE Harlan, Bette F10858A PO Box 12OUGS $15O.UU 1053 New Brighton, KUN55112 20154 5200 WASHINGTON ST NE Harlan, Bette F10958F PO Box 120O8G $ 150.00 1053 New Brighton, MN 55112 04/19/20I1 10:27 Page 2 83 rfn Print Rental Licenses to approve by C \\\,6473,,/ , ;;;:p 41441z; o2a41m Avenue w.c.' Columbia Heights, mw as4c1'Ph: 763-706-8156 - Fax: 763-706-8151 20156 5116 WASHINGTON ST NE Harlan, Bette F10858B PO Box 12U0GG $15O.UU 1053 New Brighton, N1N55112 20168 3926 ULYSSES ST NE Sundae, Christina F10939 I00 3926 NE ULYSSES ST 3928 NE Ulysses ST $ 150.00 Columbia Heights, MN 55421 20170 4606 FILLMORE ST NE Cotton, Cynthia F10924 123337thAve $ 150.00 100 Columbia Heighte, MN 55421 20187 bO8U 4TH STNE Johanek.K8ark F10919 PO Box 495U3 $ 150.00 1053 Blaine, K4N5544Q 20322 1745 37TH AVE NE Nelson, James F10960 75O8 Susan Lane $ 150.00 100 Minitrista, MN 55364 38059 4347 TYLER PL NE Chies, Lester F10825 1530 Rice Creek Road $ 160.00 100 Fridley, N1Nb5432 30090 3801 VAN BUREN ST NE Audulov, Victor F10963 21O3Si|vorboU Road #317 $ 160.00 100 Eagan, MN 55122 30115 4615 TYLER ST NE Riverwood Rentals, LLC F10892A 2505 Silver Lane $ 160.00 1050 Minneapolis, MN 55421 30116 4619 TYLER ST NE Marth, Mary F18901 421541otAvenue $ 160.00 100 Minneapolis, MN 55406 35O48-2171U1141ST AVE NE Peterson, Karen F10061 4Q4Q 6th Street N�E � $ 150.00 100 Columbia Heights, MN 55421 Total # of Licenses 32 04/I9/20I1 10:27 Page 3 84 CITY COUNCIL LETTER Meeting of April 25"2Ol| AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER N(): License Department APPROVAL ITEM Business License Agenda BY: Shelley Hanson [>A ar k/ / / —[| NO: DATE: April 15\ 20|l BY: L-f 1 1 BACKGROUND/ANALYSIS Attached is the business license agenda for the April 25, 2011 Council meeting. This agenda consists ofapplications for Contractor Iicenses for 201 1. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This rneans that the data privacy form has been subrnitted as required. l[ not submitted, certain information cannot be released to the pub!ic. RECOMMENDED MOTION: Move to approve the items as Iisted on the business license agenda for April 25, 2011 as presented. COUNCIL ACTION: 85 TO CITY COUNCIL April 25, 2011 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES - 2011 BLDG Mark Nord Masonry 3968 Jackson St NE, Col. Hts $60 Harley N Weaver Inc. 6543 Pine St, No. Branch $60 Lakes Mechanical Services 8994 E Viking Blvd, Chisago City $60 *Interstate Removal Co. 6671 Lake Blvd, Forest Lake $60 *Kortus Contracting PO Box 623, Willernie $60 Noah Acq dba Ben Franklin 1424 3 St N, Mpls $60 86 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: April 25, 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 138628 through 138793 in the amount of $ 927.773.08 . 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D o 0 U) 1-1 01 Z Z 4 1-, g r4 H (24 I H < Of al p4 4 x .4 H . i r El M Kl El ,Eil E3 f5, 8 6 f. r'4 • • al C.) r-I rit C.) 0 [4 0 0r1 < U) Z :E g g f4 E, co r4 o a, p., EA P4 C) Oi Z G, OD Z OD 14 6 r4 g . ,, pi r4 C) C C) D El g g g g W W E H 1 4 Z I C) Z T Fq Z cv c.T.1 rl 0 0 a) cn ,1 F.: 4., X co C.) 0 C) CO 04 U) 1-1 C) H C14 r...) 1--1 g Cr) 0 C.) g N i I C g a . . 0 , 1 ' E E I '('-, ' g C rl lO P 2 L r ' . 1 1 r 2 2 L 0 (1 r co . g O r4 co 4-, CO, 1 ,-I ru r4 r \ I rg ( N I rl ro VD l0 LO VD l0 r- r- oo co OD E 0 MI 1 0 E, CITY COUNCIL LETTER Meeting of: April 25, 2011 AGENDA SECTION: ORDINANCES AND ORIGINATING CITY RESOLUTIONS DEPARTMENT: MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: FIRST READING OF: BY: CHARTER BY: ORDINANCE NO. 1596, AMENDING CHAPTER 4, SECTION COMMISSION 28A, PERTAINING TO THE PRIMARY ELECTION; " DATE: t ORDINANCE NO. 1597, AMENDING CHAPTER 4, SECTION DATE: 4/11/11 33, PERTAINING TO CANVAS OF ELECTIONS; r " ORDINANCE NO. 1598, AMENDING CHAPTER 7, SECTION 70, PERTAINING TO RECEIPTS GO TO THE CITY TREASURER; AND ORDINANCE NO. 1599, AMENDING CHAPTER 7, SECTION 74, PERTAINING TO EMERGENCY DEBT CERTIFICATES IN THE CITY CHARTER NO: The Charter Commission has been reviewing various sections of the City Charter for some time now. In discussions with the City Attorney, the Charter Commission proposes the attached amendments to the City Charter in order to reflect mandatory compliance with state statutes and /or to perform general "housekeeping ". RECOMMENDED MOTION: Move to waive the reading of Ordinance Nos. 1596, 1597, 1598. and 1599, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1596, being an ordinance amending Chapter 4, Section 28a, of the Charter of the City of Columbia Heights pertaining to The Primary Election for May 9. 2011, at approximately 7 p.m. in the City Hall Council Chambers. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1597, being an ordinance amending Chapter 4, Section 33, of the Charter of the City of Columbia Heights pertaining to Canvas of Elections for May 9, 2011, at approximately 7 p.m. in the City Hall Council Chambers. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1598, being an ordinance amending Chapter 7, Section 70 of the Charter of the City of Columbia Heights pertaining to Receipts Go to City Treasurer for May 9, 2011, at approximately 7 p.m. in the City Hall Council Chambers. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1599, being an ordinance amending Chapter 7, Section 74 of the Charter of the City of Columbia Heights pertaining to Emergency Debt Certificates for May 9, 2011, at approximately 7 p.m. in the City Hall Council Chambers. COUNCIL ACTION: 95 ORDINANCE NO. 1596 BEING AN ORDINANCE AMENDING CHAPTER 4, SECTION 28A OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO THE PRIMARY ELECTION The City of Columbia Heights does ordain: Section 1: Chapter 4, Section 28A, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 28a. THE PRIMARY ELECTION. A primary municipal election shall be held on the first Tuesday after the second Monday in September of any year in which a municipal general election is to be held for the purpose of electing officers, at the same place or places as general elections are held and like officers shall preside at such elections. The purpose of such primary election shall be to select candidates to be voted for at the general municipal election. The candidates for nomination to each office who shall receive the greatest number of votes in such primary election shall be placed upon the ballot of the next general election in numbers not to exceed double the number of vacancies to be filled, and no other name shall be placed upon the ballot for such general election than the candidates selected at said primary election. When not more than twice the number of individuals to be elected to a municipal office file for nomination to any municipal office, no primary shall be held, and the names of those having filed shall be placed on the municipal general election ballot as the nominee for that office. Any person desiring to become a candidate for an elective office in the general municipal election shall file with the city clerk at least fifty -six days prior to but not more than seventy days prior to said primary municipal election an affidavit of such candidacy as set forth in Minnesota Statutes 204B.06, subd. 1, and shall pay to the City Clerk the sum of Five Dollars for which the City Clerk shall give a receipt expressing the purpose of the payment. Such City Clerk shall forthwith pay all fees so received to the City Treasurer. Upon compliance with the provisions of this section the City Clerk shall place such name upon the primary election ballot as a candidate for the office named. At least fifteen days notice shall be given by the City Clerk of the time and place of holding such primary election and of the officers to be nominated, by posting a notice thereof in at least three of the most public places in each election district in the city or by publication of a notice thereof at least once in the official newspaper, or both, as the City Council may ordain, but failure to give such notice shall not invalidate such election. (Ordinance No. 1300, passed April 10, 1995) IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 28a. TAR PRIMARY ELECTION. A primary municipal election shall be held on the first Tuesday after the second Monday in September on the date established by Minnesota State Law of any year in which a municipal general election is to be held for the purpose of electing officers, at the same place or places as general elections are held and like officers shall preside at such elections. 96 The purpose of such primary election shall be to select candidates to be voted for at the general municipal election. The candidates for nomination to each office who shall receive the greatest number of votes in such primary election shall be placed upon the ballot of the next general election in numbers not to exceed double the number of vacancies to be filled, and no other name shall be placed upon the ballot for such general election than the candidates selected at said primary election. When not more than twice the number of individuals to be elected to a municipal office file for nomination to any municipal office, no primary shall be held, and the names ofthose having filed shall be placed on the municipal general election ballot as the nominee for that office. Any person desiring to become a candidate for an elective office in the general municipal election shall file with the city clerk at least fifty-six days prior to but not more than seventy days prior to said primary municipal election an affidavit of such candidacy as set forth in Minnesota Statutes 204B.06, subd. 1, and shall pay to the City Clerk the sum of Five Dollars for which the City Clerk shall give a receipt expressing the purpose of the payment. Such City Clerk shall forthwith pay all fees so received to the City Treasurer. Upon compliance with the provisions of this section the City Clerk shall place such name upon the primary election bailot as a candidate for the office named. At least fifteen days notice shall be given by the City Clerk of the tirne and place of holding such primary election and of the officers to be nominated, by posting a notice thereof in at least three of the most public places in each election district in the city or by publication of a notice thereof at least once in the official newspaper, or both, as the City Council may ordain, but failure to give such notice shall not invalidate such election. (Ordinance No. 1300, passed April 10, 1995) Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: April 25, 2011 Second Reading: Date o[Poouuge: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz City Clerk 97 ORDINANCE NO. 1597 BEING AN ORDINANCE AMENDING CHAPTER 4, SECTION 33, OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO CANVAS OF ELECTIONS The City of Columbia Heights does ordain: Section 1: Chapter 4. Section 33, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 33. CANVAS OF ELECTIONS. The council shall meet and canvas the election returns within five days after any regular or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the city clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with an indication of those who were elected; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The city clerk shall forthwith notify all persons elected of the fact of their election. IS HEREBY AMENDED TO READ AS FOLLOWS: Section 33. CANVAS OF ELECTIONS. The council shall meet and canvas the election returns within €tee seven days after any regular or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the city clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with an indication of those who were elected; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The city clerk shall forthwith notify all persons elected of the fact of their election. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: April 25, 2011 Second Reading Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz City Clerk 98 ORDINANCE NO. 1598 BEING AN ORDINANCE AMENDING CHAPTER 7, SECTION 70, OF THE CITY CHARTER PERTAINING TO TAXATION AND FINANCE The City of Columbia Heights does ordain: Section 1: Chapter 7, Section 70, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 70. RECEIPTS TO GO TO CITY TREASURER All receipts of money belonging to the city, or any branch thereof, excepting only those funds collected by the county treasurer, shall be paid into the city treasurer by the person authorized to receive the same at the close of each business day. All such monies, and also all monies received upon tax settlements from the county treasurer, shall be deposited as soon as received in the bank or banks approved by the city council. Any person in the employ of the city guilty of a violation of this provision shall be liable to be reduced in rank and salary or to be dismissed from office or position, as the council may determine after a hearing. (Ordinance No. 1086, passed June 11, 1984) IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 70. RECEIPTS TO GO TO CITY TREASURER. All receipts of money belonging to the city, or any branch thereof, excepting only those funds collected by the county treasurer, shall be paid into the city treasurer by the person authorized to receive the same at the close of each business day. All such monies, and also all monies received upon tax settlements from the county treasurer, shall be deposited as soon as received in the bank or banks approved by the city council. Any person in the employ of the city guilty of a violation of this provision shall be liable to be reduced in rank and salary or to be dismissed from office or position, as the council may determine after a hearing. (Ordinance No. 1086, passed June 11, 1984) Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: April 25, 2011 Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, City Clerk 99 ORDINANCE NO. 1599 BEING AN ORDINANCE AMENDING CHAPTER 7, SECTION 74 OF THECITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO EMERGENCY DEBT CERTIFICATES The City of Columbia Heights does ordain: Section 1: Chapter 7, Section 74, of the Charter of the City of Columbia I-Ieights which currently reads as foliows, to wit: Section 74. If any year the receipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the city, or if any calamity or other public emergency should subject the city to the necessity of making extraordinary expenditures, then the council may authorize the sale by the city treasurer of emergency debt certificates to run not to exceed one year and to bear interest at six percent per annum. A tax sufficient to redeem all such certificates at maturity shall be levied as part of the budget of the following year. The authorization of an issue of such emergency debt certificates shall take the form of an ordinance approved by four-fifths of the members of the council; the ordinance may, ifdeerned necessary, be passed as an ernergency ordinance. IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 74. If any year the receipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the city, or if any calamity or other public emergency should subject the city to the necessity of making extraordinary expenditures, then the council may authorize the sale by the city treasurer of ernergency debt certificates to run not to exceed one year and to bear interest at six percent per annum. A tax sufficient to redeem all such certificates at maturity shall be levied as part of the budget of the following year. The authorization of an issue of such emergency debt certiflcates shall take the form of an ordinance approved by four flfth an unanimous vote of the members ofthe council; the ordinance nmay, if deerned necessary, be passed as an emergency ordinance. Section 2: This Ordinance shall be in full force and effect frorn and after ninety (90) days after its passage. First Reading: April 25, 2011 Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz City Clerk 100 CITY COUNCIL LETTER Meeting of April 25. 2011 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Oory(3ounao BY: /v Revocation {' — t DATE: /�nrU)8 DATE: N(]: 11-023io11-025 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2011-023 — 5128-30 Washington Street 2Oil-024-432l 5 Street 2011-025 — 3723 Polk Street for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 20|)-O23,024, and O25 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2O)!-O23,024, and 025 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. COUNCIL ACTION: 101 RESOLUTION 2011 -023 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Jose Pliego (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 5128 -5130 Washington Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 7, 2011 of an public hearing to be held on April 25, 2011 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about March 15, 2011 inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on April 7, 2011 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10305 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. 102 Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 103 RESOLUTION 2011-024 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by NewCastle Ventures, LLC (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4321 5th Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on February 28, 2011 of an public hearing to be held on April 25, 2010. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about February 9, 2011 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on February, 28, 2011 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit rental license application and fees. b. Failure to schedule a rental property inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U43215 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 104 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2011 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 105 RESOLUTION 2011 -025 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Fred Sila (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 3723 Polk Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 11, 2011 of an public hearing to be held on April 25, 2011. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about March 15, 2011, inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on April 11, 2011 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees b. Failure to schedule an annual rental relicensing inspection 4. That all parties, including the License Holder and any occupants or tenants. have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article 111 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10316A is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first 106 day of posting of this Order revoking the license as held by License Holder. Passed this day of 201 1 Offered by: Second by: Roll CaII: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 107 CITY COUNCIL LETTER Council Meeting of: April 25, 2011 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: First Reading of proposed Ordinance BY: Community BY: 4 ' j changes. Development, Fire and Police , DATE: March 28, 2011 Background: Over the last three years Community Development, Police, Fire and Public Works have been working on the goal of making neighborhoods livable. The joint efforts have centered on code enforcement, inspections and various city housing actions. The focus of these efforts has been on Circle Terrace and Sheffield neighborhoods and ensuring that citywide foreclosures are managed. Proposed Ordinance Amendments /Additions Grass Ordinance Amendment (Ordinance 1590): Currently a property is posted and a letter is sent to owners who are found to be in violation of long grass. By adding the language "posted on property" as a noticing method this change would allow a posting to be the minimum notice required. On many foreclosed and vacant properties letters came back or owner information was not known. Currently property owners are given four days to comply. City code states the four days are from the date of mailing. We are proposing to change this to four days from the date of notice so it would work with either mailing or posting the property. Public Nuisance Ordinance Amendment (Ordinance 1591): The abatement section of Chapter 8, Article II is being updated to more closely resemble the types of inspections that are made and to add the process for Immediate Abatements to the ordinance. The process for Immediate Abatements will closely resemble the process for grass inspections, especially for reoccurring problems at the same property. Property Maintenance Code Amendments (Ordinance 1592): Section 5A.205 will be amended to add the new Chapter 4, Article VII code reference to ensure all aspects of garbage and refuse is covered by this Code chapter. The current code language for screening dumpsters will be eliminated and replaced with a deferral to Section 9.106(C)(5) of the Zoning Code. This will eliminate any differences or confusion between code sections. Section 5A.402 will be amended to require rental property owners that are listed as a corporation to provide a copy of their Articles of Incorporation with their license application. Section 5A.410 is the Crime Free /Drug Free lease requirements. The police department has been administering this portion of the property maintenance code relative to enforcing the crime free /drug free requirement for property owners to terminate the tenancy with of all tenants occupying that unit who violate the crime free /drug free section of the property maintenance code. The sections, 5A.410(4)(C) and 5A.410(4)(F), have generally been effective to give landlords the tools they need to end a lease with problem tenants. However, the police department started to notice that some landlords with multiple Columbia Heights properties would move that tenant to another property in Columbia Heights owned by the same owner. This can potentially cause disturbances and violations at the next property. This proposal aims to eliminate possible future disturbances and violations. Section 5A.411 - The Police Department is no longer able to provide background checks as a service due to 108 changes in MN State Statutes. The current code language would be replaced with the new proposed language that would require landlords to conduct criminal background checks. The conclusion of the Police Department is that many landlords are not well informed about the history of their tenants, or are unaware that the tenant had allowed another person to move in with them who turned out to be one with a troubled criminal history. Other cities that we have surveyed often have a requirement of a criminal background check for prospective tenants. While this practice is already commonplace amongst most landlords it should be a requirement of anyone wanting to rent a property. Depending on the criminal history background method, a simple criminal history check can be conducted at little or no cost. Thus, a landlord can enter into a lease with a renter with critical information in hand to establish a plan should there be problems after initiating a lease. The landlord would be required to keep the background on fil for the duration of the lease and allow access to these files by the police department. RECOMMENDED ED MOTION: Move to waive the reading of Ordinance No. 1590, Ordinance No. 1591, and Ordinance No. 1592, there being ample copies available to the public. RECOMMENDED MOTION: Move to set the second reading of Ordinance No. 1590, for Monday May 9, 2011, at approximately 7:00 pm in the City Council Chambers. RECOMMENDED MOTION: Move to set the second reading of Ordinance No. 1591, for Monday May 9, 2011, at approximately 7:00 pm in the City Council Chambers. RECOMMENDED MOTION: Move to set the second reading of Ordinance No. 1592, for Monday May 9, 2011, at approximately 7:00 pm in the City Council Chambers. COUNCIL ACTION: 109 ORDINANCE NO. 1590 BEING AN ORDINANCE PERTAINING TO WEED REMOVAL The City of Columbia Heights does ordain: Chapter 4, Article II, Section 3 (4.203) which currently reads as follows: § 4.203 WEED REMOVAL (A) The weed inspector or delegated assistant may inspect all premises and places within the city for the presence of weeds, as defined below: WEEDS. As used in this code shall include: (a) Noxious weeds enumerated by Minn. Rules, part 1505.0730, as it may be amended from time to time. (b) Any other uncultivated or uncontrolled weed growth, which have gone or are about to go to seed, such as secondary weeds enumerated by Minn. Rules, part 1505.0740, as it may be amended from time to time. (c) Any tall weeds or grass growing upon any lot or parcel of land in the city to a height greater than nine inches. The weed inspector may grant exceptions for wildlife areas, areas bordering ponds, wildflower areas, ornamental grasses and other such areas that are a part of an orderly landscape design. (d) Such other vegetation as the Council shall, from time to time, designate by resolution. (B) The weed inspector or delegated assistant shall notify the affected property owner that weeds which are on his property, must be eradicated, or controlled, in the manner prescribed by the inspector. Such notice may be served personally or may be served by mail. (1) The notification shall require abatement of the weeds, or other prescribed action, within four days from the date of mailing of notice. (2) The notification shall state that the city will take appropriate remedial action to eradicate or control the weeds upon expiration of said four days, with a charge to the property owner /property for costs. (C) For properties for which there have been one or more notices issued within the prior 12 -month period, compliance with division (B) shall not be required. For those properties, the first notice issued within a 12- month period shall contain a general notice that the city may abate future violations without providing additional specific notice of the violation. (D) The weed inspector, delegated assistant, or other delegated agent of the city, shall cause the removal or other prescribed action of any weeds located on public property; or on private property, upon expiration of the prescribed notice to the owner. (E) For the purpose of this section, the following definition shall apply. 110 OWNER. The person who is listed as the contact person on any current rental licensing application on file with the city, if any, or if none, the person listed as owner by the County Assessor on the homestead record, or if none, the taxpayer as shown by the records of the County Assessor. Is Herewith Amended to Read As Follows: § 4.203 WEED REMOVAL (A) The weed inspector or delegated assistant may inspect all premises and places within the city for the presence of weeds, as defined below: WEEDS. As used in this code shall include: (a) Noxious weeds enumerated by Minn. Rules, part 1505.0730, as it may be amended from time to time. (b) Any other uncultivated or uncontrolled weed growth, which have gone or are about to go to seed, such as secondary weeds enumerated by Minn. Rules, part 1505.0740, as it may be amended from time to time. (c) Any tall weeds or grass growing upon any lot or parcel of land in the city to a height greater than nine inches. The weed inspector may grant exceptions for wildlife areas, areas bordering ponds. wildflower areas, ornamental grasses and other such areas that are a part of an orderly landscape design. (d) Such other vegetation as the Council shall, from time to time, designate by resolution. (B) The weed inspector or delegated assistant shall notify the affected property owner that weeds which are on his property, must be eradicated, or controlled, in the manner prescribed by the inspector. Such notice may be posted on the property, served personally, or may be served by mail. (1) The notification shall require abatement of the weeds, or other prescribed action, within four days from the date of notice. (2) The notification shall state that the city will take appropriate remedial action to eradicate or control the weeds upon expiration of said four days, with a charge to the property owner /property for costs. (C) For properties for which there have been one or more notices issued within the prior 12 -month period, compliance with division (B) shall not be required. For those properties, the first notice issued within a 12 -month period shall contain a general notice that the city may abate future violations without providing additional specific notice of the violation. (D) The weed inspector, delegated assistant, or other delegated agent of the city, shall cause the removal or other prescribed action of any weeds located on public property; or on private property, upon expiration of the prescribed notice to the owner. 111 (E) For the purpose of this section, the following definition shall apply. OWNER. The person who is listed as the contact person on any current rental licensing application on file with the city, if any, or if none, the person listed as owner by the County Assessor on the homestead record, or if none, the taxpayer as shown by the records of the County Assessor. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: April 25, 2011 Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary to the 112 ORDINANCE NO. 1591 BEING AN ORDINANCE PERTAINING TO PUBLIC NUISANCE The City of Columbia Heights does ordain: Chapter 8, Article II, Section 6 (8.206) which currently reads as follows: § 8.206 ABATEMENT (A) Notice. (1) Except for those cases determined by the city to require immediate abatement, written notice of violation; notice of the time, date, place and subject of any hearing before the City Council; and notice of City Council order shall be served on the owner of record and any occupant of the premises either in person or by mail. (2) If the premise is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises. (B) Procedure. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists within the city, the officer shall provide notice thereof, and that such nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice as provided herein, and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order the nuisance be abated. (C) Emergency procedure; immediate abatement. In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in subdivisions (A) and (B) of this section will permit a continuing nuisance to unreasonably endanger public health, safety or welfare, the City Council may order immediate abatement of the nuisance. The City Council may, by resolution, identify specific emergency situations in which an immediate abatement shall occur. (D) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety. Is herewith amended to read as follows: § 8.206 ABATEMENT (A) Notice. (1) Except for those cases determined by the city to require immediate abatement, written notice of violation; notice of the time, date, place and subject of any hearing before the City Council; and notice of City Council order shall be served on the owner of record and any occupant of the premises either in person or by mail. 113 (2) If the premise is not occupied, the owner of record is unknown. or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises. (B) Procedure. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists within the city, the officer shall provide notice thereof, and that such nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice as provided herein, and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order the nuisance be abated. (C) Emergency abatement. In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in subdivisions (A) and (B) of this section will permit a continuing nuisance to unreasonably endanger public health, safety or welfare, the City Council may order an emergency abatement of the nuisance. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety. (D) Immediate abatement. The City Council may, by resolution, identify specific violations of City Code as a public nuisance in which an immediate abatement shall occur. (1) Whenever the officer charged with enforcement determines that such public nuisance is being maintained or exists within the city, the officer shall provide notice thereof, and that such nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. Such notice may be posted on the property, served personally, or may be served by mail. (2) The notification shall state that the city will take appropriate remedial action to abate the public nuisance upon expiration of the prescribed notice, with a charge to the property owner /property for costs. (3) For properties for which there have been one or more notices issued within the prior 12 -month period, compliance with subdivisions (1) and (2) shall not be required. For those properties, the first notice issued within a 12 -month period shall contain a general notice that the city may abate future public nuisances without providing additional specific notice of the public nuisance. (E) The city shall cause the removal or other prescribed action of any public nuisances located on public property; or on private property, upon expiration of the prescribed notice to the owner. (F) For the purpose of this section, the following definition shall apply. OWNER. The person who is listed as the contact person on any current rental licensing application on file with the city, if any, or if none, the person listed as owner by the County Assessor on the homestead record, or if none, the taxpayer as shown by the records of the County Assessor. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. 114 First Reading: April 25, 2011 Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 115 ORDINANCE NO. 1592 BEING AN ORDINANCE PERTAINING TO PROPERTY MAINTENANCE The City of Columbia Heights does ordain: Chapter 5A, Article II, Section 5 (5A.205) which currently reads as follows: § 5A.205 RUBBISH, GARBAGE, RECYCLING, AND COMPOSTING (A) Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. (B) Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner as established by city code. Rubbish, garbage, recycling, yard waste, and appliances shall be placed in accordance with Chapter 8, Article III of the city code. (C) Rubbish, garbage, recycling, and composting. Rubbish, garbage, recycling, yard waste, and composting shall be regulated in accordance with Chapter 8, Article I11 of the city code, which is incorporated herein by reference. Exposure of unused refrigerators or containers to children shall meet the requirements of M.S. § 609.675. (D) Container storage. The storage of garbage and recycling, and their containers, is not allowed in any public area inside of structures unless specifically allowed by the Minnesota State Building Code and the Minnesota State Fire Code. (E) Screening. All dumpsters and refuse containers for dwellings of three or more units shall be screened from all public roads and adjacent residential uses of property. Screening shall consist of any combination of earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six feet in height. Hedge materials must be at least three feet in height, and trees must be at least six feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of this division, density and species of planting shall be such to achieve 75% opacity year- round. Is herewith amended to read as follows: § 5A.205 RUBBISH, GARBAGE. RECYCLING, AND COMPOSTING (A) Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. (B) Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner as established by city code. Rubbish, garbage, recycling, yard waste, and appliances shall be placed in accordance with Chapter 4, Article VII and Chapter 8, Article 111 of the city code. (C) Rubbish, garbage, recycling, and composting. Rubbish, garbage, recycling, yard waste, and composting shall be regulated in accordance with Chapter 4, Article VII and Chapter 8, Article 111 of the city code, which is incorporated herein by reference. Exposure of unused refrigerators or containers to children shall meet the requirements of M.S. § 609.675. 116 (D) Container storage. The storage of garbage and recycling, and their containers, is not allowed in any public area inside of structures unless specifically allowed by the Minnesota State Building Code and the Minnesota State Fire Code. (E) Screening. Screening shall conform to § 9.106(C)(5) of city code, which is incorporated herein by reference. The City of Columbia Heights does ordain: Chapter 5A, Article IV, Section 2 (5A.402) which currently reads as follows: § 5A.402 OCCUPANCY LICENSE PROCEDURES. (A) Thirty days after the passage of this chapter, the owner of any premises within the city not previously licensed, or, the owner of any premises whose license expires subsequent to said 30 days shall apply to the Property Maintenance Enforcement Officer for an occupancy license in the manner hereafter prescribed. (B) Application shall be made on forms provided by the city and accompanied by the initial fee in an amount set by resolution of the City Council. The owner of a premises constructed after the date of passage of this chapter shall obtain a license prior to actual occupancy of the premises. (C) Applicants shall provide requested information on license applications which may include, but is not limited to: (1) Name and address of owner of the premises. The owner must identify a designated property manager responsible for operation and maintenance of each licensed property. The owner may be the designated property manager. (2) If the property is owned by a corporation, the name and address of a corporate officer is required. The property address or a P.O. box cannot be used to fulfill this requirement. (3) The name and address of the vendee if the property is being sold in a contract for deed. (4) The address of the property to be licensed. (5) In residential property the number of dwelling units, and the number of bedrooms in each dwelling unit. In nonresidential property the square footage of the building (if wholly used by one occupant), or the square footage of the individual tenant spaces. (6) The number of paved off- street parking spaces available. (7) Name and address of person to whom owner /applicant wishes a letters /notices to be sent for purposes of § 5A.304(A). (8) All owners of a premises shall provide contact information for the owner and property manager, including telephone access numbers to be used in emergency situations and emergency maintenance and repair. The owner must provide the city with any contact information changes occurring within the license period. This requirement shall be a condition precedent to the issuance of any occupancy license. (9) Such other information as the administrative service shall require. The information may include, but is not limited to tenant lists which include tenant's name, unit, and identifying information (such as date of birth and driver's license number). 117 (10) The owner must submit verification that the crime free /drug free and disorderly use language required by § 5A.410 is contained in the licensed property tenant lease or leases. (D) Failure to complete, in full, the required license application shall be grounds for denial of the license. (E) Dwellings for hire where all units are occupied by the owner or persons who are the owner's child, stepchild, daughter -in -law, son -in -law, parent, stepparent, parent -in -law, grandchild, grandparent, brother, brother- in -law, sister, sister -in -law, aunt or uncle are eligible for a family exemption per the Property Maintenance Code Inspection Policy. Is herewith amended to read as follows: § 5A.402 OCCUPANCY LICENSE PROCEDURES. (A) Thirty days after the passage of this chapter, the owner of any premises within the city not previously licensed, or, the owner of any premises whose license expires subsequent to said 30 days shall apply to the Property Maintenance Enforcement Officer for an occupancy license in the manner hereafter prescribed. (B) Application shall be made on forms provided by the city and accompanied by the initial fee in an amount set by resolution of the City Council. The owner of a premises constructed after the date of passage of this chapter shall obtain a license prior to actual occupancy of the premises. (C) Applicants shall provide requested information on license applications which may include, but is not limited to: (1) Name and address of owner of the premises. The owner must identify a designated property manager responsible for operation and maintenance of each licensed property. The owner may be the designated property manager. (2) If the property is owned by a corporation, the name and address of a corporate officer and a copy of the most recent Articles of Incorporation is required. The property address or a P.O. box cannot be used to fulfill this requirement. (3) The name and address of the vendee if the property is being sold in a contract for deed. (4) The address of the property to be licensed. (5) In residential property the number of dwelling units, and the number of bedrooms in each dwelling unit. In nonresidential property the square footage of the building (if wholly used by one occupant), or the square footage of the individual tenant spaces. (6) The number of paved off - street parking spaces available. (7) Name and address of person to whom owner /applicant wishes a letters /notices to be sent for purposes of § 5A.304(A). (8) All owners of a premises shall provide contact information for the owner and property manager, including telephone access numbers to be used in emergency situations and emergency maintenance and repair. The owner must provide the city with any contact information changes occurring 118 within the license period. This requirement shall be a condition precedent to the issuance of any occupancy license. (9) Such other information as the administrative service shall require. The information may include, but is not limited to tenant lists which include tenant's name, unit, and identifying information (such as date of birth and driver's license number). (10) The owner must submit verification that the crime free /drug free and disorderly use language required by § 5A.410 is contained in the licensed property tenant lease or leases. (D) Failure to complete, in full, the required license application shall be grounds for denial of the license. (E) Dwellings for hire where all units are occupied by the owner or persons who are the owner's child, stepchild, daughter -in. -law, son-in-law, parent, stepparent, parent -in -law, grandchild, grandparent, brother, brother- in -law, sister, sister -in -law, aunt or uncle are eligible for a family exemption per the Property Maintenance Code Inspection Policy. The City of Columbia Heights does ordain: Chapter 5A, Article 1V, Section 10 (5A.410) which currently reads as follows: § 5A.410 CONDUCT ON LICENSED PREMISES /CRIME FREE /DRUG FREE AND DISORDERLY USE LEASE REQUIREMENTS. (A) All residential tenant leases, except for state licensed residential facilities and subject to all preemptory state and federal laws, shall contain the following, or substantially comparable to, crime free /drug free and disorderly use language: (1) Crime free /drug free. (a) Resident, any members of the resident's household or a guest or other person affiliated with resident shall not engage in criminal activity, including drug- related criminal activity, on or near the premises. (b) Resident, any member of the resident's household or a guest or other person affiliated with resident shall not engage in any act intended to facilitate criminal activity, including drug- related criminal activity, on or near the premises. (c) Resident or members of the household will not permit the dwelling unit to be used for, or to facilitate criminal activity, including drug - related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest. (d) Resident, any member of the resident's household or a guest, or other person affiliated with the resident shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any locations, whether on or near the premises or otherwise. (e) Violation of any one of the above provisions shall be a material and irreparable violation of the lease and good cause for immediate termination of tenancy. (2) Disorderly use. 119 (a) Resident, members of the resident's household, guests, or other persons under the resident's control shall not engage in the following disorderly use activities: violations of state law relating to alcoholic beverages, trespassing or disorderly conduct, and violations of the city code relating to prohibited noise. (b) Three disorderly use violations involving the same tenancy within a continuous 12 -month period shall be a substantial and material violation of the lease and good cause for termination of the tenancy. (3) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CRIMINAL ACTIVITY. Prostitution, gambling, maintaining or conducting a disorderly house, unlawful possession, transportation, sale or use of a weapon, domestic assault, delinquency of a minor, criminal street gang activity, threatening, intimidating or assaultive behavior, the uniaw ui discharge of firearms, or any other criminal activity on or near the premises that jeopardizes the health, safety and welfare of the landlord, his agent, other resident, neighbor or other third party, or involving imminent or actual serious property damage. DRUG RELATED CRIMINAL ACTIVITY. The illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute, or use of a controlled substance or any substance represented to be drugs (as defined in § 102 of the Controlled Substance Act [21 U.S.C. 802]). (4) Non - exclusive remedies. (a) The crime free /drug free and disorderly use provisions are in addition to all other terms of the lease and do not limit or replace any other provisions. (B) These lease provisions shall be incorporated into every new lease for a tenancy beginning January 1, 2008 and all renewed leases by January 1, 2009. (C) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used in violation of the crime free /drug free provisions of subdivision (A)(1) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of violation of the crime free /drug free lease language and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. (D) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used for disorderly use activities as set forth in subdivision (A)(2) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation and direct the owner and property manager to take steps to prevent further disorderly use violations. (E) If a second disorderly use violation as determined by the Police Department occurs within a continuous 12 -month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the second violation. The owner or property manager shall respond in writing within ten days of receipt of the notice with an action plan to prevent further disorderly use violations. (F) If a third disorderly use violation as determined by the Police Department occurs within a continuous 12 -month period involving the same tenancy, the Police Department shall cause notice to be 120 made to the owner and property manager of the third violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of disorderly use violation of the crime free /drug free lease language within the lease and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. (G) The provisions of divisions (C), (D), (E) and (F) herein do not apply if the determination that the premises have been used in violation of the crime free /drug free provisions of subdivisions (A)(I) and (A)(2) herein originates from a call from or at the request of one or more tenants occupying the premises for police or emergency assistance, or in the case of domestic abuse, from a call for assistance from any source. The term DOMESTIC ABUSE has the meaning given in M.S. § 518B.01, subd. 2. (H) If the licensee fails to comply with the requirements of this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Department in the manner described in § 5A.408. Is herewith amended to read as follows: § 5A.410 CONDUCT ON LICENSED PREMISES /CRIME FREE /DRUG FREE AND DISORDERLY USE LEASE REQUIREMENTS. (A) All residential tenant leases, except for state licensed residential facilities and subject to all preemptory state and federal laws, shall contain the following, or substantially comparable to, crime free /drug free and disorderly use language: (1) Crime free /drug free. (a) Resident, any members of the resident's household or a guest or other person affiliated with resident shall not engage in criminal activity, including drug - related criminal activity, on or near the premises. (b) Resident, any member of the resident's household or a guest or other person affiliated with resident shall not engage in any act intended to facilitate criminal activity, including drug - related criminal activity, on or near the premises. (c) Resident or members of the household will not permit the dwelling unit to be used for, or to facilitate criminal activity, including drug - related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest. (d) Resident, any member of the resident's household or a guest, or other person affiliated with the resident shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any locations, whether on or near the premises or otherwise. (e) Violation of any one of the above provisions shall be a material and irreparable violation of the lease and good cause for immediate termination of tenancy. (2) Disorderly use, (a) Resident, members of the resident's household, guests, or other persons under the resident's control shall not engage in the following disorderly use activities: violations of state law 121 relating to alcoholic beverages, trespassing or disorderly conduct, and violations of the city code relating to prohibited noise. (b) Three disorderly use violations involving the same tenancy within a continuous 12 -month period shall be a substantial and material violation of the lease and good cause for termination of the tenancy. (3) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CRIMINAL ACTIVITY. Prostitution, gambling, maintaining or conducting a disorderly house, unlawful possession, transportation, sale or use of a weapon, domestic assault, delinquency of a minor, criminal street gang activity, threatening, intimidating or assaultive behavior, the unlawful discharge of firearms, or any other criminal activity on or near the premises that jeopardizes the health, safety and welfare of the landlord. his agent, other resident, neighbor or other third party, or involving imminent or actual serious property damage. DRUG RELATED CRIMINAL ACTIVITY. The illegal manufacture, sale, distribution. use or possession with intent to manufacture, sell, distribute, or use of a controlled substance or any substance represented to be drugs (as defined in § 102 of the Controlled Substance Act [21 U.S.C. 802]). (4) Non- exclusive remedies. (a) The crime free /drug free and disorderly use provisions are in addition to all other terms of the lease and do not limit or replace any other provisions. (B) These lease provisions shall be incorporated into every new lease for a tenancy beginning January 1, 2008 and all renewed leases by January 1, 2009. (C) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used in violation of the crime free /drug free provisions of subdivision (A)(1) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of violation of the crime free /drug free lease language and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in any licensed property within the City of Columbia Heights with an evicted tenant for a period of one year after the eviction. (D) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used for disorderly use activities as set forth in subdivision (A)(2) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation and direct the owner and property manager to take steps to prevent further disorderly use violations. (E) If a second disorderly use violation as determined by the Police Department occurs within a continuous 12 -month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the second violation. The owner or property manager shall respond in writing within ten days of receipt of the notice with an action plan to prevent further disorderly use violations. (F) If a third disorderly use violation as determined by the Police Department occurs within a continuous 12 -month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the third violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of disorderly use violation of the crime free /drug 122 free lease language within the lease and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in any licensed property with an evicted tenant within the City of Columbia Heights for a period of one year after the eviction. (G) The provisions of divisions (C), (D), (E) and (F) herein do not apply if the determination that the premises have been used in violation of the crime free /drug free provisions of subdivisions (A)(1) and (A)(2) herein originates from a call from or at the request of one or more tenants occupying the premises for police or emergency assistance, or in the case of domestic abuse, from a call for assistance from any source. The term DOMESTIC ABUSE has the meaning given in M.S. § 518B.01, subd. 2. (H) If the licensee fails to comply with the requirements of this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke. suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Department in the manner described in § 5A.408. The City of Columbia Heights does ordain: Chapter 5A, Article IV, Section 11 (5A.411) which currently reads as follows: § 5A.411 BACKGROUND CHECKS. For the protection of local residents, property owners, tenants, and the overall public safety of the community, the Police Department is hereby authorized to conduct Minnesota criminal history checks for the purpose of screening potential tenants of real property, subject to the following conditions: (A) A request is made by the property owner /landlord in writing; (B) A signed consent form from the subject of the check is received by the Police Department; (C) Authorization is received from the subject of the check to release said information to the property owner /landlord; (D) The purpose and use of said information is solely for assisting in the screening of potential tenants. Is herewith amended to read as follows: § 5A.411 BACKGROUND CHECKS. Criminal Background Check Required. The city of Columbia Heights is interested in Rental Property Owners being well informed about a prospective renter's past criminal history, regardless of whether or not the owner decides to enter into a lease with the prospective tenant. Therefore, the licensee shall conduct criminal background checks on all prospective tenants. The criminal background check must include the following: a) A statewide (Minnesota) criminal history check of all prospective tenants covering at least the last seven years. The checks must be done by utilizing the most recent update of the Minnesota Bureau of Criminal Apprehension's criminal history files; b) A statewide criminal history check from the prospective tenant's previous state of residence shall be conducted if the tenant is moving directly from the previous state; c) A criminal history check of any prospective tenant in their previous states of residence shall be conducted covering the last seven years if they have not resided in Minnesota for three years or longer; 123 d) A statewide (Minnesota) court history check of all prospective tenants covering at least the last seven years. This check, which includes Unlawful Detainer actions, can be done utilizing the most recent update of the Minnesota Judicial Branch Trial Court Public Access database. Any company that the licensee contracts with to conduct criminal history checks must meet the same standards established above. Documentation of the criminal background checks must be kept on file by the property owner for the length of the tenant's lease. The lessee must display documentation of the background check upon request by the police department, If the licensee fails to comply with the requirements of this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Department in the manner described in city code section 5A.408. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: April 25, 2011 Second Reading: Date of Passage: Offered by: Seconded by: Roll CaII: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 124 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: April 25, 2011 AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL NO: ITEM: 2 Reading of Ordinance 1593, being a BY: Jeff Sargent, City Planner B'+i Zoning Amendment as it relates to LED DATE: April 12, 2011 Signage. BACKGROUND: At this time, staff is proposing a text amendment to monument and LED signs. The proposed changes include: 1. Increasing the maximum height of all monument signs from 8 feet to 10 feet. 2. Increasing the maximum size of monument signs from 40 square feet to 50 square feet. 3. Increasing the LED portion of the monument sign from 50% to 60 %. 4. Increasing the frequency for LED displays from once every 10 minutes to once every 10 seconds for commercially and industrially zoned districts. 5. Increase the frequency for LED displays from once every 30 minutes to once every 10 minutes for all other districts. Staff researched the frequency of LED displays for the cities of Fridley and St. Anthony. Fridley allows for LED signs to change no more frequently than once every 45 seconds, and allows these types of signs in all zoning districts except for residential. St. Anthony only allows for changeable LED signs in their Recreation and Open Space District, on city -owned land, and on property owned by the School District. The signs are permitted a "minimum amount of changes required to accomplish the purpose of the sign ", but are not allowed to flash or be animated in any way. RECOMMENDED MOTIONS: Move to waive the reading of Ordinance No. 1593, being ample copies available to the public. Move to adopt Ordinance No. 1593, being an ordinance amending Ordinance No. 1490 City Code of2005, relating to LED, Dynamic, and other signage with the City of Columbia Heights. Attachments: Ordinance 1593 (2 '" Reading Format); Draft Ordinance 1593 (1'` Reading Format), P +Z Report COUNCIL ACTION : 125 ORDINANCE NO. 1593 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO LED, DYNAMIC, AND OTHER SIGNAGE WITHIN THE CITY OF COLUMBIA HEIGHTS The City ofColumbia Heights does ordain: Chapter 9, Article l, Section 9.103 of the Columbia Heights City Code, which currently reads to wit: &9'103DEFINITIONS. For the purpose of this article, the fb||ov/in2 definitions shall apply unless the context clearly indicates or requires a different meaning. SIGN, VARIABLE ELECTRONIC MESSAGE. A dynamic LED sign that changes its message more frequently than once every ten (10} minutes for commercial and industrial properties located in the LB, {}B, C0[), 1-1 and 1-2 zoning dintricts, and a dynamic LED sign that changes its message more frequently than once every thirty (30) minutes for religious and/or educational institutions located in the R-1, R-2A, }{'2B, R-3, R-4, and LB zoning districts. Is thereby amended to read as follows: § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SIGN, VARIABLE ELECTRONIC MESSAGE. A dynamic LED sign that changes its message more frequently than once every ten (10) seconds for commercial and industrial properties located in the LB, GB, CBD, 1-1 and 1-2 zoning districts, and a dynamic LED sign that changes its message more frequently than once every ten (10) minutes for religious and/or educational institutions located in the R-1, R-2A, R-20, R-3, R-4, LB and P() zoning districts. Chapter 9, Article ], Section 9.106 (P)(8) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (8) Dynaniic LED signage. (a) Regulations. Dynamic LED signage is allowed as a conditional use in those zoning districts specified in this code. All dynamic LED signage is subject to the following conditions: 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of Motor fuel stations, which may display dynamic LE[) signs as a part of the pylon sign to promote 126 motor fuel prices only. Such motor fuel price signs do not require a Conditional Use Permit. All Dynamic LED signs may occupy no more than fifty percent (50 %) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face, 2. A dynamic LED sign may not change or move more often than once every ten (10) minutes for commercial or industrial uses, and no more than once every thirty (30) minutes for religious and /or educational institution uses, except one for which changes are necessary to correct hour - and - minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every ten (10) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) minutes for commercial or industrial uses, and no more than once every thirty (30) minutes for religious and /or educational institution uses. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. 8. Dynamic LED signs existing on the effective date of this ordinance must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non- conforming sign subject to section 9.105 (E). Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (8) Dynamic LED signage, 127 (a) Regulations. Dynamic LED signage is allowed as a conditional use in those zoning districts specified in this code. All dynamic LED signage is subject to the following conditions: 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized on existing pylon signs. Motor fuel stations may display dynamic LED signs as a part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a Conditional Use Permit. All Dynamic LED signs may occupy no more than sixty percent (60 %) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. A dynamic LED sign may not change or move more often than once every ten (10) seconds for commercial, industrial uses, or public uses, and no more than once every ten (10) minutes for religious and /or educational institution uses, except one for which changes are necessary to correct hour - and - minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every five (5) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) seconds for commercial, industrial uses, or public uses, and no more than once every ten (10) minutes for religious and /or educational institution uses. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. 8. Dynamic LED signs existing on the effective date of this ordinance must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non- conforming sign subject to section 9.105 (E). 128 Chapter 9, Article 1, Section 9.106 (P)(9)(d)3. of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (9) Signs in Residential Districts R -1, R -2A, and R -2B. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the R -1, Single - Family Residential, and R -2A and R -2B, Two - Family Residential Districts are subject to the following restrictions: 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (9) Signs in Residential Districts R -1, R -2A, and R -2B. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the R -1, Single- Family Residential, and R -2A and R -2B, Two- Family Residential Districts are subject to the following restrictions: 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time. Chapter 9, Article I, Section 9.106 (P)(10)(d)3. of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (1 Signs in Residential Districts R -3 and R -4. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the R -3, Limited Multiple- Family Residential, and R -4, Multiple - Family Residential Districts are subject to the following restrictions: 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (10) Signs in Residential Districts R -3 and R -4. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the R -3, Limited Multiple - Family Residential, and R -4, Multiple- Family Residential Districts are subject to the following restrictions: 129 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time. Chapter 9, Article 1, Section 9.106 (P)(11)(d) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (1 1) Signs in LB, Limited Business District. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the LB, Limited Business District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time for commercial businesses. 4. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time for religious or educational institutions. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (1 1) Signs in LB, Limited Business District. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the LB, Limited Business District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) seconds of display time for commercial businesses. 4. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time for religious or educational institutions. 130 Chapter 9, Article 1, Section 9.106 (P)(12)(a)2 of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (12) Signs in CBD, Central Business District. (a) Permitted signs. In the CBD, Central Business District, the following signs shall be permitted: 1. [SECTION TO REMAIN UNCHANGED] 2. One monument sign not to exceed 40 square feet in size, limited to two sides, not to exceed 8 feet in height, and set a minimum of 5 feet from any property line, Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (12) Signs in CBD, Central Business District. (a) Permitted signs. In the CBD, Central Business District, the following signs shall be permitted: 1. [SECTION TO REMAIN UNCHANGED] 2. One monument sign not to exceed fifty (50) square feet in size, limited to two sides, not to exceed ten (10) feet in height, and set a minimum of 5 feet from any property line. Chapter 9, Article I, Section 9.106 (P)(12)(d)3 of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (12) Signs in CBD, Central Business District. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the CBD, Central Business District, are subject to the following restrictions: 3. Dynamic LED Signs may change its message with a frequency of no Tess than one (1) message for each ten (10) minutes of display time. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (12) Signs in CBD, Central Business District. 131 (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the CBD, Central Business District, are subject to the following restrictions: 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) seconds of display time. Chapter 9, Article I, Section 9.106 (P)(13)(a)3 of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (13) Signs in GB, General Business District. (a) Permitted signs. In the GB, General Business District, the following signs shall be permitted: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. If not located adjacent to a state trunk highway where the 20 -foot building setback cannot be met, one monument sign not to exceed 40 square feet in size, limited to two sides, not to exceed 8 feet in height, and setback a minimum of 5 feet from any property line. If such property is located in the Design Overlay Highway District, the maximum height of the monument sign may be increased to 10 feet for those principal structures greater than or equal to 22 feet in height. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (13) Signs in GB, General Business District. (a) Permitted signs. In the GB, General Business District, the following signs shall be permitted: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. If not located adjacent to a state trunk highway where the 20 -foot building setback cannot be met, one monument sign not to exceed fifty (50) square feet in size, limited to two sides, not to exceed ten (10) feet in height, and setback a minimum of 5 feet from any property line. Chapter 9, Article I, Section 9.106 (P)(13)(d)3 of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. 132 (P) Sign regulations. (13) Signs in GB, General Business District. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the GB, General Business District, are subject to the following restrictions: 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (13) Signs in GB, General Business District. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the GB, General Business District, are subject to the following restrictions: 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) seconds of display time. Chapter 9, Article 1, Section 9.106 (P)(I4)(d)3 of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (14) Signs in 1 -1 and I -2 Industrial Districts. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the 1 -1, Light Industrial District, and the I -2, General Industrial District, are subject to the following restrictions: 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (14) Signs in 1 -1 and 1 -2 Industrial Districts. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the I -1, Light Industrial District, and the 1 -2, General Industrial District, are subject to the following restrictions: 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) seconds of display time. Chapter 9, Article I, Section 9.106 (P)(15) of the Columbia Heights City Code, which currently reads to wit: 133 § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (15) Signs in the PO, Public and Open Space District. (a) Permitted Signs. In the PO, Public and Open Space District, the following signs shall be permitted: 1. Any number of wall signs on any side of a building not to exceed 200 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts a residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. 2. One monument sign per street frontage for those pubic facility parcels that include governmental offices. Such signs shall not exceed forty (40) square feet in area, and shall be located no closer than five (5) feet from any property line. 3. Any number of freestanding identification signage used to promote the name of a public city, regional or state park. Such signs shall be no greater than forty (40) square feet in area, shall not exceed ten (10) feet in height, and shall be located no closer than five (5) feet from any property line. (b) Restrictions on permitted signs. Permitted signs in the PO, Public and Open Space District are subject to the following restrictions: 1. Total signage shall not exceed two square feet for each front foot of building or structure. 2. The maximum height of a monument sign shall not exceed eight (8) feet in height. 3. The sign number and area permitted by this section are considered maximum. These maximums, or any portion thereof, which are not utilized by the owner or user of the property are non - transferable to any other property owned, occupied or used by such persons or to any other owner or user of property located in the same or other districts. (c) Conditional Use signs. In the PO District, the followings signs shall require a Conditional Use Permit: 1. A Dynamic LED sign used in conjunction with a governmental facility. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in PO, Public and Open Space District are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 134 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (15) Signs in the PO, Public and Open Space District. (a) Permitted Signs. In the PO, Public and Open Space District, the following signs shall be permitted: 1. Any number of wall signs on any side of a building not to exceed 200 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts a residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. 2. One monument sign per street frontage for those pubic facility parcels that include governmental offices. Such signs shall not exceed fifty (50) square feet in area, and shall be located no closer than five (5) feet from any property line. 3. Any number of freestanding identification signage used to promote the name of a public city, regional or state park. Such signs shall be no greater than forty (40) square feet in area, shall not exceed ten (10) feet in height, and shall be located no closer than five (5) feet from any property line. (b) Restrictions on permitted signs. Permitted signs in the PO, Public and Open Space District are subject to the following restrictions: 1. Total signage shall not exceed two square feet for each front foot of building or structure. 2. The maximum height of a monument sign shall not exceed ten (10) feet in height. 3. The sign number and area permitted by this section are considered maximum. These maximums, or any portion thereof, which are not utilized by the owner or user of the property are non - transferable to any other property owned, occupied or used by such persons or to any other owner or user of property located in the same or other districts. (c) Conditional Use signs. In the PO District, the followings signs shall require a Conditional Use Permit: 1. A Dynamic LED sign used in conjunction with a governmental facility. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in PO, Public and Open Space District are subject to the following restrictions: 135 1. All signage must be approved through the Conditional Use Permit process us outlined io89.|O4(H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.|00(P)(8)nf this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no Iess than one (1) message for each ten (10) minutes ofdisplay time. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. [ics1Reodina: April 11, 2011 Second Reading: April 25, 2011 Date nfPassage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City ClerklCouncil Secretary 136 DRAFT ORDINANCE NO. 1593 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO LED, DYNAMIC, AND OTHER SIGNAGE WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SIGN, VARIABLE ELECTRONIC MESSAGE. A dynamic LED sign that changes its message more frequently than once every ten (10) minutes seconds for commercial and industrial properties located in the LB, GB, CBD, 1 -1 and 1 -2 zoning districts, and a dynamic LED sign that changes its message more frequently than once every thirty (30) minutes ten (10) minutes for religious and /or educational institutions located in the R -1, R -2A, R -2B, R -3, R -4, ai4 LB and PO zoning districts. Chapter 9, Article I, Section 9.106 (P) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (8) Dynamic LED signage. (a) Regulations. Dynamic LED signage is allowed as a conditional use in those zoning districts specified in this code. All dynamic LED signage is subject to the following conditions: 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized on existing pylon signs. e€ Motor fuel stations, which may display dynamic LED signs as a part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a Conditional Use Permit. All Dynamic LED signs may occupy no more than fifty sixty percent (40%) (60 %) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. A dynamic LED sign may not change or move more often than once every ten (10) minutes seconds for commercial, er industrial uses, or public uses, and no more than once every thirty (30) minutes ten (10) minutes for religious and /or educational institution uses, except one for which changes are necessary to correct hour - and - minute. date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every ten (10) five (5) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) minutes seconds for commercial, or- industrial uses, or public uses, and no more than once every thirty (30) minutes ten (10) minutes for religious and /or educational institution uses. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. 8. Dynamic LED signs existing on the effective date of this ordinance must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non - conforming sign subject to section 9.105 (E). Chapter 9, Article 1, Section 9.106 (P)(9)(d) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (9) Signs in Residential Districts R -1, R -2A, and R -2B. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the R -1, Single- Family Residential, and R -2A and R -2B, Two - Family Residential Districts are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) ten (10) minutes of display time. Chapter 9, Article I, Section 9.106 (P)(I0)(d) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (10) Signs in Residential Districts R -3 and R -4. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the R -3, Limited Multiple- Family Residential, and R -4, Multiple- Family Residential Districts are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) ten (10) minutes of display time. Chapter 9, Article 1, Section 9.106 (P)(11)(d) of the Columbia Heights City Code, is proposed to include the following additions and deletions: 138 § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (11) Signs in LB, Limited Business District. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the LB, Limited Business District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3, Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes seconds of display time for commercial businesses. 4. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) ten (10) minutes of display time for religious or educational institutions. Chapter 9, Article 1, Section 9.1.06 (P)(12)(a)2 of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (12) Signs in CBD, Central Business District. (a) Permitted signs. In the CBD, Central Business District, the following signs shall be permitted: 1. [SECTION TO REMAIN UNCHANGED] 2. One monument sign not to exceed 40 fifty (50) square feet in size, limited to two sides, not to exceed ' ten (10) feet in height, and set a minimum of 5 feet from any property line. Chapter 9, Article I, Section 9.106 (P)(12)(d) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (12) Signs in CBD, Central Business District. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the CBD, Central Business District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes seconds of display time. Chapter 9, Article 1, Section 9.106 (P)(13)(a)3 of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (13) Signs in GB, General Business District. 139 (a) Permitted signs. In the GB, General Business District, the following signs shall be permitted: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. If not located adjacent to a state trunk highway where the 20 -foot building setback cannot be met, one monument sign not to exceed 40 fifty (50) square feet in size, limited to two sides, not to exceed S ten (10) feet in height, and setback a minimum of 5 feet from any property line. If such property is located in the Design Overlay Highway District, the maximum height of the monument sign may be increased to 10 feet for those principal structures greater than or equal to 22 feet in height. Chapter 9, Article I, Section 9.106 (P)(13)(d) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (13) Signs in GB, General Business District. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the GB, General Business District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) seconds of display time. Chapter 9, Article 1, Section 9.106 (P)(14)(d) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (14) Signs in 1-1 and 1 -2 Industrial Districts. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the I -1, Light Industrial District, and the 1 -2, General Industrial District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes seconds of display time. Chapter 9, Article I, Section 9.106 (P)(15) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (15) Signs in the PO, Public and Open Space District. (a) Permitted Signs. In the PO, Public and Open Space District, the following signs shall be permitted: 140 1. Any number of wall signs on any side of a building not to exceed 200 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts a residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. 2. One monument sign per street frontage for those pubic facility parcels that include governmental offices. Such signs shall not exceed forty (40) fifty (50) square feet in area, and shall be located no closer than five (5) feet from any property line. 3. Any number of freestanding identification signage used to promote the name of a public city, regional or state park. Such signs shall be no greater than forty (40) square feet in area, shall not exceed ten (10) feet in height, and shall be located no closer than five (5) feet from any property line. (b) Restrictions on permitted signs. Permitted signs in the PO, Public and Open Space District are subject to the following restrictions: 1. Total signage shall not exceed two square feet for each front foot of building or structure. 2. The maximum height of a monument sign shall not exceed eight (8) ten (10) feet in height. 3. The sign number and area permitted by this section are considered maximum. These maximums, or any portion thereof, which are not utilized by the owner or user of the property are non- transferable to any other property owned, occupied or used by such persons or to any other owner or user of property located in the same or other districts. (c) Conditional Use signs. In the PO District, the followings signs shall require a Conditional Use Permit: 1. A Dynamic LED sign used in conjunction with a governmental facility. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in PO, Public and Open Space District are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) ten (10) minutes of display time. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: April 11, 2011 Second Reading: April 25, 2011 Date of Passage: Offered by: Seconded by: Roll Call: 141 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2011 -0403 DATE: April 5, 2011 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for LED Signage PREPARED BY: Jeff Sargent, City Planner INTRODUCTION In 2008, the City Council approved an ordinance that allowed for the use of LED signage through the Conditional Use Permit (CUP) process. In summary, the ordinance regulates the following: 1. Allows for Dynamic LED signage in all zoning districts with a Conditional Use Permit. Only religious and education institutions may utilize dynamic LED signage in residentially zoned districts. 2. Prohibits animation, scrolling, flashing, and blinking and videos on dynamic LED signs. 3. Messages may change no more frequently than once every 10 minutes in commercially or industrially zoned districts, and no more than once every 30 minutes in residentially zoned districts. 4. Dynamic LED signs may only be used in conjunction with a monument sign, and may occupy no more than 50% of the signage area. At this time, staff is proposing a text amendment to reduce the regulated frequency between message changes from 10 minutes to 10 seconds for commercially and industrially zoned districts and from 30 minutes to 10 minutes for all other districts. When staff initially proposed the ordinance, the intent was to create a conservative ordinance in order to give businesses time to adapt to the new regulations. There was no determination as to how many businesses would utilize LED signage, or if the frequency between allowable messages displayed would adequately serve the sign's purpose. Since the inception of the ordinance, only three businesses have received a CUP for LED signs. They are: Jeffs Bobby and Steve's Autoworld, Sonic Restaurant, and the City's municipal Liquor Store located on Central Avenue. To the best of staffs knowledge, these businesses operate their sign within the parameters of the code. Allowing business to change the message more frequently would enable more advertisements in a shorter amount of time. Businesses have expressed the desire to be able to advertise more frequently on the LED signs. The City of Columbia Heights is routinely compared to other Tike- cities in the metropolitan area to determine whether a proposal is consistent with what other cities have done. A City of Columbia Heights Planning Commission April 5, 2011 City of Columbia Heights, LED Signage Case # 2011-0404 survey of the 12 other cities indicated their regulations on LED signage: Anoka: "Reasonable intervals" for public service information only. Brooklyn Center: 2 seconds between changes Crystal: 3 seconds between changes (time and temperature only) Hastings: 6 seconds between changes New Brighton: 8 seconds between changes Hopkins: LED signage not allowed New Hope: 5 seconds between changes Richfield: 1 minute between changes Shoreview: LED signage not allowed South St. Paul: 8 seconds between changes West St. Paul: 8 seconds between changes White Bear Lake: LED signage not allowed Staff is also proposing some changes to monument signage to better aid businesses in the city to gain much needed advertising. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Allowing dynamic signage is a way to enhance economic vitality by giving the commercial owners a mechanism to advertise their business in an efficient and aesthetic manner. ZONING ORDINANCE The following are key zoning changes proposed for the use of monument signs and LED signs: 1. Increase maximum height of all monument signs from 8 feet to 10 feet. Currently, the Zoning Code requires that all monument signs be a maximum of 8 feet in height, unless the sign is located in the Design Guideline Highway District and the principal structure on the parcel is greater than or equal to 22 feet in height — in which case the maximum height of the monument sign may be increased to 10 feet. Because of the large right-of-way widths along Central Avenue, and because of the proximity of some properties to the street itself, many freestanding signs are located a considerable distance from passing motorists. Increasing the height of all monument signs to 10 feet would help businesses gain visibility in this respect. 2. Increase maximum size of monument signs from 40 square feet to 50 square feet. Using the same rationale to increase the height of the sign, staff feels that increasing the overall size of the sign by 10 square feet would help gain needed visibility for businesses. Both the height increase from 8 to 10 feet and the size increase from 40 s.f. to 50 s.f. are a proportional increase of 25%. 3. Increase the LED portion of the monument sign from 50% to 60%. Currently, the largest LED sign that a business would use is one measuring 20 square feet, since the Zoning Code only allows for 50% of a 40 square foot monument sign to be used for LED purposes. The proposed ordinance would allow for up to 60% of the Page 2 143 City of Columbia Heights Planning Commission April 5, 2011 City of Columbia Heights, LED Signage Case # 2011 -0404 monument sign to be used as an LED sign, which means the largest LED sign could be 30 square feet. 4. Increase the frequency for LED displays from once every 10 minutes to once every 10 seconds for commercially and industrially zoned districts. To stay in line with the regulations from the surrounding communities, and to enable businesses in Columbia Heights to thrive through effective advertising, staff feels that increasing the frequency for message displays to once every 10 seconds would be beneficial. 5. Increase the frequency for LED displays from once every 30 minutes to once every 10 minutes for all other districts. It is anticipated that churches and schools may wish to utilize LED signage to promote activities occurring on their premises. Staff feels that allowing a message change only once every 30 minutes is a bit restrictive; however staff understands that the residential neighborhoods in which these establishments are located still need to be protected. By increasing the frequency to once every 10 minutes, religious and educational institutions will still be allowed to advertise for events more effectively while not disturbing the surrounding area. 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 enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Allowing dynamic signage is a way to enhance economic vitality by giving the commercial owners a mechanism to advertise their business in an efficient and aesthetic manner. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would affect all business owners throughout the city and not solely for the benefit of a single property owner. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of a particular property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular property. Page 3 144 City of Columbia Heights Planning Commission April 5, 2011 City of Columbia Heights, LED Signage Case # 2011-0404 RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments • Draft zoning ordinance Page 4 145 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: April 25, 2011 AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL NO: �J ITEM: 2 Reading of Ordinance 1594, being a BY: Jeff Sargent, City Planner :' °; Zoning Amendment as it relates to Fences. DATE: April 12, 2011 / t 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. On January 4, 2011, staff presented the Planning Commission with a text amendment combining these two sections with slight modifications to the ordinance regarding fencing. When staff presented the proposed amendment to the City Council, the City Council wanted to see language added to the ordinance to better address barbed wire fences. Barbed wire fences will still require a Conditional Use Permit, but language has been added to clarify the type of barbed wire fencing that the City would allow. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on April 5, 2011. The Planning Commission recommended approval of the Zoning Amendment with a 3 -0 vote at the meeting. RECOMMENDED MOTIONS: Move to waive the reading of Ordinance No. 1594, being ample copies available to the public. Move to adopt Ordinance No. 1594, being an ordinance amending Ordinance No. 1490 City Code of 2005, relating to fences within the City of Columbia Heights. Attachments: Ordinance 1594 (2 Reading Format); Draft Ordinance 1594 (1' Reading Format), P +Z Report COUNCIL ACTION : 146 ORDINANCE NO. 1594 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 deletions: §6.401 GENERAL PROVISIONS, §6.402 CONSTRUCTION STANDARDS, §6.403 USE OF FENCES; RESTRICTIONS, and §6.404 ZONING RESTRICTIONS be removed entirely from the City Code. Chapter 9, Article I, Section 9.106 (E) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (E) Fences. (1) 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. (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 rustproofed materials. (g) All fences shall be maintained and kept in good condition. (h) 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. (i) Fences exceeding six (6) feet in height shall require a building permit from the city. (2) 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) feet in height shall be deemed structures and shall require a Conditional Use Permit. 147 (b) 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. (3) 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. (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 48 inches (4 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. (4) 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. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (E) Fences. (1) 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. (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) 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: 148 I. 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. (h) All fences shall be maintained and kept in good condition. (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. (k) Fences exceeding six (6) feet in height shall require a building permit from the city. (2) 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 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. (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. 149 (3) 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. (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. (4) 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 1, Section 9.109 (E)(3)(h) of the Columbia Heights City Code, shall include the following addition: § 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 1, Section 9.109 (F)(3)(k) of the Columbia Heights City Code, shall include the following addition: § 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 1, Section 9.109 (G)(3)(p) of the Columbia Heights City Code, shall include the following addition: § 9.109 RESIDENTIAL DISTRICTS. 150 (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, shall include the following addition: § 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 1, Section 9.110 (D)(3)(t) of the Columbia Heights City Code, shall include the following addition: § 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: (t) Fences greater than six (6) feet in height. Chapter 9, Article 1, Section 9.110 (E)(3)(s) of the Columbia Heights City Code, shall include the following addition: § 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. 151 Chapter 9, Article I, Section 9.110 (F)(3)(h) of the Columbia Heights City Code, shall include the following addition: § 9.110 COMMERCIAL DISTRICTS. (F) CBD, Central 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: (I'i) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.1 1 1 (D)(3)(i) and (j) of the Columbia Heights City Code, shall include the following additions: § 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 1, Section 9.111 (E)(3)(i) and (j) of the Columbia Heights City Code, shall include the following addition: § 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 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 1, Section 9.107 (C)(8) of the Columbia Heights City Code, shall include the following additions: 152 § 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C) Specific development standards. The following uses are subject to specific development standards: (8) Barbed wire fences. (a) Barbed wire fences may only utilize a projecting arm to support the barbed wire, commencing at a point no Iess than six (6) feet above the ground. (b) At no point shall the projecting arm encroach into the City right-of-way or neighboring properties. *89.107(C)(8-47) shall be renumbered accordingly. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: April 11, 2011 Second Reading: April 25, 2011 Date ofPassage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muucovitz, CMC City Clerk 153 DRAFT ORDINANCE NO. 1594 BEING AN ORDINANCE AMENDING ORDTNANCE NO. 1490, CITY CODE OF 2005 RELATING TO FENCES WITHIN THE CITY OF COLUMBIA HEIGHTS The City ofColumbia Heights does ordain: Chapter 6, Article IV, of the Columbia Heights City Code, is proposed to include the following additions and deletions: .,. | .v ". ^ " e • �e . ~, (A) No person, firm, partnership or corporation shall construct, or cause to be constructed, or erected (B) 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 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 and on the oppositc side ofthc fencc. - - —' ~ - ~ � ~ '~ ~��^ v ~~ ^ :v� ^: ~' ^ '-v ''~ - ' -' proposed fence. (D) All boundary line fences shall be located entirely upon the private property of thc person, firm or corporation constructing or causing the construction nf such fence unless the owner of the adjoining property agrees in writing that such a fcncc may be erected on the division line of the respective properties. lo the case of a property line dispute, the Building Official may require the owner of thc property upon which a fence now cxists to cause to establish a boundary line of his property by survey thereof tn be made by urcgiotorcd land surveyor. The Building Official may similarly require any applicant for a fence permit to obtain a similar persons. ~ .../ ' N ^ ~, " ~' ' �^^ ~ 1 !`-"~! _. (A) Fences, free standing walls, and retaining v.'alls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material r4auonob|y suitcd for the J. ~ ••'' ' '' .': " ' .''. -. ' ^=. ^ ~ ' - - • '' ~~ '' �^' •— prescribed hereinafter. � ^ ~' ~ '' w ~ :' (1) Galvanized or vinyl coated woven fabric minimum 11 gauge, with two inch maximum (3) Ti u1cd wood or wood of natural materials resistant to decay. (C) All fcnccs shall be constructed with the posts on the inside ofthe fence vhh the fiuiobcdside facing the adjacent propertics. Retaining walls or frecstanding walis shall be constructed in the foliowing manner: '' _ _ (2) They shall be designed in accordance with sound engineering practice; including, but not - -: : . - -' -- . -- our 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. finished appearance to the adjoining property where applicable. (5) With regard to measuring the p rmissible height of fences, which consist of or include retaining walls, terracing may not be used as a device to exce d the height limitations of this chapter. In the case of terraced walls or fences, each terraced wall or fence will be adde: - .. wall or fence to the 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) (I) Barbed wire fences shall not be permitted, used or constructed except in industrial districts and upon property used for public purposes. remain in a condition of disrepair or dangerous. 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 half foot 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 require a special purpose fence permit approved by the Planning and Zoning Commission and City Council. (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. - - - - - -- permitted within a triangular area as defined as follows: Beginning at 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 the other curb line then to point of beginning. The Building Official shall determine the maximum allowable height for fences on a corner lot in accordance with his personal observations and findings relating to visibility. (C) Any such fence will not be more than 42 inches high when constructed anywhere within the front yard setback arca 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 permitted in any 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 r sons 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 purpose fence shall, before consideration thereof fiat be served upon all abutting properties of such applicant with proof of service filled with the Planning and Zoning Commission. Such special fence permit, if issued, may stipulate and provide for the height, location, construction and type of special fence thereby permitted. (A) In residential districts, no fence - - - - . _ — - . - . • : :' . . - - - . ong any rear property line which abut a public alley or street shall be no closer than three feet 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 necessary' above said permitted height, a fence not exceeding 8 feet in height may be constructed along the 155 from the front property line of 20 feet. (2) Fences erected along a property line in common with any residential district shall be subject wide located 20 feet from thc adjoining residential property line. (3) Fences located on commercial property and adjacent to residential districts shall be subject to the most restrictive of either the residential regulation or commercial regulation of the zoning ordinance. (C) The use of fences in industrial districts is subject to the following conwndition : (I) 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 ar a 20 feet wide located 20 feet from thc adjoining residential property line. (2) Such fences shall not be erected within the landscaped portion of the front yard of any industrial establishment. (3) • . - . - . cstricts the requirement of the zoning 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: (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 tr ated and rustproofed 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. ( (h) All fences shall be maintained and kept in good condition. 156 (4}) (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. (4-) (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. () (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 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 are Icss than 50% opaque my be up to 48 inches (4 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 1, 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 1, Section 9.109 (G)(3)(p) of the Columbia Heights City Code, is proposed to include the following additions and deletions. 157 § 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 l, Section 9.109 (H)(3)(r) of the Columbia Heights City Code, is proposed to include the foliowing 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 l Section 9.110 (D)(3)(t) of the Columbia Heights City Code, is proposed to include the foliowing additions and deletions. § 9.110 COMMERCIAL DISTRICTS. (D) LB, Limited Business Distric( (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 § 4.104, 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 1, 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 ), 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) CBI). 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 l, Section 9.111 ([})(3)(i) and (j) of the Columbia Heights City Code, is proposed to include the foliowing additions and deletions. § 9.111 INDUSTRIAL DISTRICTS. (D) 1-1, Light Industrial District. 158 (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) I -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 9.107 (C)(8) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C) Specific development standards. The following uses are subject to specific development standards: (8) Barbed wire fences. (a) Barbed wire fences may only utilize a projecting arm to support the barbed wire, commencing at a point no less than six (6) feet above the ground. (b) At no point shall the projecting arm encroach into the City right -of -way or neighboring properties. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: April 11, 2011 Second Reading: April 25. 2011 Date of Passage: Offered by: Seconded by: Roll Call: 159 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2011 -0403 DATE: April 5, 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. On January 4, 2011, staff presented the Planning Commission with a text amendment combining these two sections with slight modifications to the ordinance regarding fencing. When staff presented the proposed amendment to the City Council, the City Council wanted to see language added to the ordinance to better address barbed wire fences. Barbed wire fences will still require a Conditional Use Permit, but language has been added to clarify the type of barbed wire fencing that the City would allow. 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: p160 City of Columbia Heights Planning Commission April 5, 2011 City of Columbia Heights, Fence Regulations Case # 2011 -0403 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. 5. Barbed wire fences will still be allowed in the industrial district, but will now require a Conditional Use Permit, with specific standards for construction. 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. Page 2 p161 City of Columbia Heights Planning Commission April 5, 2011 City of Columbia Heights, Fence Regulations Case # 2011 -0403 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 p162 Page 3 COLUMBIA HEIGHTS CITY COUNCIL LETTER Mee ting of: April 25, 2011 AGENDA SECTION: Other Ordinances and ( ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROV L NO: 't ITEM: 2 Reading of Ordinance 1595, being a BY Jeff Sargent, City Planner -- BY E Zoning Amendment as it relates to Animal DATE: April 12, 2011 Shelters. BACKGROUND: Recently, City Staff was approached regarding the possible placement of an animal shelter within the city. Upon review of the Zoning Code, it was discovered that while the Code requires specific development standards for animal shelters, it does not indicate in which zoning districts such uses may be located. At this time, staff is proposing a zoning amendment to clarify this issue. Staff feels that such uses should be located only in the GB, General Business District as a Conditional Use, to enable the City Council to review such uses on a case -by -case basis. All of the commercially zoned parcels in the city abut residentially zoned parcels, so it is imperative that specific development standards are in place in order to protect the residential character of the city. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on April 5, 2011. The Planning Commission recommended approval of the Zoning Amendment with a 3 -0 vote at the meeting, and recommended additional language indicating that all indoor activity should include soundproofing and odor control. This language has been added to the attached draft ordinance. RECOMMENDED MOTIONS: Move to waive the reading of Ordinance No. 1595, being ample copies available to the public. Move to adopt Ordinance No. 1595, being an ordinance amending Ordinance No. 1490 City Code of 2005, relating to animal shelters and kennels within the City of Columbia Heights. Attachments: Ordinance 1595 (T Reading Format); Draft Ordinance 1595 (1s' Reading Format), P +Z Report COUNCIL ACTION : 163 ORDINANCE NO. 1595 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING ANIMAL SHELTERS AND KENNELS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.107 (C)(2) of the Columbia Heights City Code, which currently reads to wit: § 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific development standards. The following uses are subject to specific development standards: (2) Animal kennel or shelter. (a) All activity shall be within a completely enclosed building with soundproofing and odor control. (b) Outdoor kennels shall be prohibited. Is thereby amended to read as follows: § 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific development standards. The following uses are subject to specific development standards: (2) Animal kennel or shelter. (a) Any activity conducted outdoors, including but not limited to play areas, outdoor runs, etc. shall be approved by the City Council through a Conditional Use Permit on a case -by -case basis. (b) Outdoor kennels shall be prohibited. (c) All outdoor activity space shall be completely screened from abutting neighboring residential zoning districts or uses by a six -foot tall privacy fence that is at least 80% opaque. (d) All indoor activity shall include soundproofing and odor control. Chapter 9, Article I, Section 9.110 (E)(3) of the Columbia Heights City Code, shall include the following addition: § 9.110 COMMERCIAL DISTRICTS (E) GB, General Business District. 164 (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (s) Animal kennel and /or shelter. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: April 11, 2011 Second Reading: April 25, 2011 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 165 DRAFT ORDINANCE NO. 1595 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING ANIMAL SHELTERS AND KENNELS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.107 (C)(2) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific development standards. The following uses are subject to specific development standards: (2) Animal kennel or shelter. (a) All activity shall be within a completely enclosed building with soundproofing and odor control. (a) Any activity conducted outdoors, including but not limited to play areas, outdoor runs, etc. shall be approved by the City Council through a Conditional Use Permit on a case -by -case basis. (b) Outdoor kennels shall be prohibited. (c) All outdoor activity space shall be completely screened from abutting neighboring residential zoning districts or uses by a six -foot tall privacy fence that is at least 80% opaque. (d) All indoor activity shall include soundproofing and odor control. Chapter 9, Article 1, Section 9.110 (E)(3) 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 GB, General Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (s) Animal kennel and /or shelter. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: April 1 1, 201 1 Second Reading: April 25, 2011 Date of Passage: 166 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2011 -0405 DATE: April 5, 2011 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment Pertaining to Animal Kennels and Shelters PREPARED BY: Jeff Sargent, City Planner BACKGROUND Recently, City Staff was approached regarding the possible placement of an animal shelter within the city. Upon review of the Zoning Code, it was discovered that while the Code requires specific development standards for animal shelters, it does not indicate in which zoning districts such uses may be located. At this time, staff is proposing a zoning amendment to clarify this issue. Staff feels that such uses should be located only in the GB, General Business District as a Conditional Use, to enable the City Council to review such uses on a case -by -case basis. All of the commercially zoned parcels in the city abut residentially zoned parcels, so it is imperative that specific development standards are in place in order to protect the residential character of the city. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community. The proposed text amendment would allow for a viable commercial use while preserving the characteristics of the surrounding areas. For this reason, the proposed text amendment is consistent with the Comprehensive Plan. ZONING ORDINANCE At Section 9.107 of the Zoning Code, animal kennels and shelters are regulated in the following manner: 1. All activity shah be within a completely enclosed building with soundproofing and odor control. 2. Outdoor kennels shall be prohibited. Staff recommends amending this language to allow for some activities to take place outside, but done in a manner that would protect neighboring residential areas. The new suggested language is as follows: 1. Any activity conducted outdoors, including but not limited to play areas, outdoor runs, etc. shall be approved by the City Council through a Conditional Use Permit on a case -by -case basis. 2. Outdoor kennels shall be prohibited. 3. All outdoor activity space shall be completely screened from abutting neighboring residential zoning districts or uses by a six -foot tall privacy fence that is at least 80% opaque. The proposed language would allow for dog and cat runs outdoors while still protecting the surrounding residential areas. Again, each situation would be reviewed on a case -by -case basis by the City Council through the Conditional Use Permit process. 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: City of Columbia Heights Planning Commission April 5, 2011 City of Columbia Heights, Animal Shelters Case # 2011-0405 1. The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community. The proposed text amendment would allow for a viable commercial use while preserving the characteristics of the surrounding areas. For this reason, the proposed text amendment is consistent with the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed 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 2 168 CITY COUNCIL LETTER Meeting of: 4/25/11 AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTION NO. 2011 -28, BEING A BY: K. Hansen B Y : \ ' RESOLUTION ACCEPTING BIDS AND AWARDING A DATE: 4/19/11 DAT V I ----( CONTRACT FOR 2011 STREET REHABILITATION PROJECT Background: On December 13, 2010 the City Council ordered the street and utility improvements in Zone 6. Plans and specifications were prepared and advertised for bids in the Focus on January 27, 2011 and in the Construction Bulletin on January 31, February 7, and February 14, 2011. Fifty four contractors or suppliers requested copies of the bidding documents. Fifteen bids were received and publicly read aloud at the March 17, 2011 bid opening. A detailed copy of the complete bid tabulation is available from the City Engineer. Analysis /Conclusions: C & L Excavating submitted the low base bid, in the amount of $981,304.05. Approximately $13,000 separated the next bidder from the low bidder on the base bid. Alternate bids were received for: 1) Residential construction on private property for concrete and bituminous construction, and 2) Parking lot expansion for the school district /park use. The overall project cost is approximately 8% lower than the Engineer's Estimate presented at the Improvement Hearing. Staff is recommending accepting Alternate 1. Alternate 1 provides unit pricing for private residential driveway or sidewalk construction as has been done in previous street zone projects. Staff is not recommending accepting Alternate A. A lower cost was received in the bids for Ramsdell Park for the parking lot expansion. Based upon the low bid from C & L Excavating, staff is recommending contract award of the base bid with Alternate 1. The funding sources are a combination of assessments, infrastructure fund, and utility funds as shown below: Assessment /Infrastructure Fund $ 597,785 Water Fund $ 90,350 Sanitary Fund $ 231,750 Storm Fund $ 47,120 Other (State Aid, Street Dept) $ 14,300 COUNCIL ACTION: 169 CITY COUNCIL LETTER Meeting of: 4/25/11 AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTION NO. 2011 -28, BEING A BY: K. Hansen BY: RESOLUTION ACCEPTING BIDS AND AWARDING A DATE: 4/19/11 DATE: CONTRACT FOR 2011 STREET REHABILITATION PROJECT The work includes: FULL STREET RECONSTRUCTION 1. 6th Street 40` Avenue to 44 Avenue STREET MILL AND OVERLAY 4th Street 42 Avenue to 44` Avenue WATER MAIN REPLACEMENT: 6` Street 40` Avenue to 42nd Avenue SANITARY SEWER REPLACMENT /REPAIRS: Sanitary sewer manhole structure replacements /repairs and sewer mainline segment repairs throughout the Zone 6 area. STORM SEWER: Catch basins and stone pipe replacements /repairs throughout the Zone 6 area. Recommended Motion: Move to waive the reading of Resolution 2011 -028, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2011 -028 being a resolution accepting bids and awarding the 2011 Street Rehabilitation, City Project No. 1102 including Alternate 1 for unit priced residential driveway construction to C & L Excavating of St Joseph, Minnesota based upon their low, qualified responsible bid; in the amount of $981,304.05 plus Alternate 1 with funds to be appropriated from Fund 415 -51102 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Attachments: Resolution 2011-028 Bid opening minutes COUNCIL ACTION: 170 RESOLUTION 2011 -028 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ZONE 6 STREET REHABILITATION CITY PROJECT NO. 1102 WHEREAS, pursuant to an advertisement for bids for City Project No. 1102, Street Rehabilitation Improvements, fifteen bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Alt. 1 Alt. A C & L Excavating $ 981,304.05 $3,225.50 $58,713.80 Kuechle Underground $ 994,324.66 $3,368.00 $56,760.35 Astech Corporation $ 998,847.15 $4,765.00 $60,689.22 Northwest Asphalt $1,014,230.26 $3,272.50 $60,970.30 T.A. Schifsky and Sons $1,026,426.87 $3,859.20 $59,153.25 Valley Paving $1,029,473.53 $2,513.50 $57,981.20 S R Weidema $1,057,457.88 $4,287.00 $56,223.28 Thomas & Sons Const. $1,091,089.15 $4,005.00 $64,017.10 Palda & Sons $1,100,306.92 $2,689.00 $72,192.98 Veit & Company $1,150,000.80 $3,798.50 $80,332.35 Midwest Asphalt Corp. $1,156,471.20 $3,360.00 $66,822.00 North Valley $1,190,387.34 $2,446.80 $74,188.50 Northdale Const. Co. $1,203,471.87 $3,708.90 $83,560.28 Hardrives $1,215,049.73 $3,000.00 $76,901.59 Geislinger & Sons $1,274,778.10 $3,700.00 $67.752.00 WHEREAS, it appears that C & L Excavating, Inc., 7939 Ridgewood Road, Saint Joseph, Minnesota 56374 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1, The Mayor and City Manager are hereby authorized and directed to enter into a contract with C & L Excavating, Inc. in the name of the City of Columbia Heights, for the 2011 Zone 6 Street Rehabilitation Improvements, City Project No. 1102 according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project 1 102 shall be funded with State Aid Funds, General Funds (Infrastructure and Assessments), Sanitary Sewer Construction, Water Construction, and Storm Water Utility Construction Funds. Passed this 25` day of April, 2011 CITY OF COLUMBIA HEIGHTS Offered by: Second by: Roll call: Mayor Gary L. Peterson Patricia Muscovitz CMC City Clerk 171 CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Thursday, March 17, 2011 at 1 0:00 a.m. 2011 Street Rehabilitation, Zone 6 City Project 1102 Pursuant to an advertisement for bids for 2011 Street Rehabilitation, Zone 6, City Project 1102, an administrative meeting was held on March 17, 2011 at 10:00 a.m. for the purpose of bid opening. Attending the meeting were: Chris Grimis, T.A. Schifsky Peter Bailey, Cretex Concrete Doug Gniot, Veit & Company, Inc Sheri Bayum, Palda & Sons, Inc. Jim Suelty, C & L Excavating, Inc. Brent Carron, Valley Paving, Inc. Tim Peglow, Kuechle Underground Chad. Hamann, Astech Stewart Packer, Hardrives Iru Geislinger, Geislinger & Sons Les Bloom, North Valley, Inc. Ray Hawkinson, N.W.A. Jason Pauly, SR Weidema, Inc. Kevin Hansen, City Engineer Derick Sonnenberg, Midwest Asphalt Corp. Barbara Thomas, Assessing Clerk Jeff Blakely, American Ductile Bids were opened and read aloud as follows: Base Bid with Bidder Base Bid Alt. 1 Alt. A Alt. 1 and Alt. A C & L Excavating $ 981,304.05 $3,225.50 $58,713.80 $1,043,243.35* Kuechle Underground $ 994,324.66* $3,368.00 $56,760.35 $1,054,453.01* Astech Corporation $ 998,847.15 $4,765.00 $60,689.22 $1,064,301.37 Northwest Asphalt $1,014,230.26* $3,272.50 $60,970.30* $1,078,473.06* T.A. Schifsky and Sons $1,026,426.87 $3,859.20 $59,153.25 $1,089,439.32 Valley Paving $1,029,473.53 $2,513.50 $57,981.20 $1,089,968.23* S R Weidema $1,057,457.88 $4,287.00 $56,223.28 $1,117,968.16 Thomas & Sons Const. $1,091,089.15 $4,005.00 $64,017.10 $1,159,111.25 Palda & Sons $1,100,306.92 $2,689.00 $72,192.98 $1,175,188.90 Veit & Company $1,150,000.80 $3,798.50 $80,332.35 $1,234,131.65 Midwest Asphalt Corp. $1,156,471.20 $3,360.00 $66,822.00 $1,226,653.20 North Valley $1,190,387.34 $2,446.80 $74,188.50 $1,267,022.64* Northdale Const. Co, $1,203,471.87 $3,708.90 $83,560.28 $1,290,741.05* Hardrives $1,215,049.73* $3,000.00 $76,901.59* $1,294,951.32* Geislinger & Sons $1,274,778.10* $3,700.00 $67,752.00 $1,346,230.10* * Corrected Respectfully submitted, Barbara Thomas Assessing Clerk 172 CITY COUNCIL LETTER Meeting of: 4/25/11 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ADOPT RESOLUTION NO. 2011 -029, BEING A BY: K. Hansen BY: @[ RESOLUTION ACCEPTING BIDS AND AWARDING A DATE: 4/20/11 DA. E: ' c CONTRACT FOR RAMSDELL PARK IMPROVEMENT' PROJECT Background: On November 22, 2010, the City Council authorized staff to prepare construction plans and specifications for capital improvements to Ramsdell Park. Plans and specifications were prepared and advertised for bids in the Focus on March 31st, 2011 and in the Construction Bulletin on April 4 and 11 th , 2011. Twenty -five contractors or suppliers requested copies of the bidding documents. Eight bids were received and publicly read aloud at the April 20th, 2011 bid opening. A detailed copy of the complete bid tabulation is available from the City Engineer. Analysis /Conclusions: Based upon the low bid from C. Mogren, Inc staff is recommending contract award of the base bid with multiple Alternates. The funding sources are a combination of park development funds, utility funds and ISD 13 funding contribution as shown below: Park Development Fund: $291,560 Water Fund: $ 12,086 Storm Fund: $ 20,148 ISD 13 via agreement *: $ 85,036 The Base Bid work includes: 1. Site Removals /Grading /erosion control /Restoration 2. New athletic field for girls fast pitch softball and boys little league 3. A 8 -foot bituminous walking trail 4. New parking area off of Johnson Street 5. A relocated playground area (playground equipment already purchased in 2009) 6. Site Utilities — water main, drainage systems and storm sewer 7. Required surface water treatment areas (bioinfiltration areas) The Base Bid carne in at $262,711, which is $85,289 under the Architect's estimate of $348,000. The Add - Alternates and low bid pricing are described as follows: AI. Screening Landscaping: $4,743 A.10 Concrete Maint. Strip- outfield $ 4,937 A.2 24 -foot Picnic Shelter: $37,089 A.11 Concrete Maint. Strip - batting cage $ 1,250 A.3 Outfield Fencing /Warning Track: $24,098 COUNCIL ACTION: 173 CITY COUNCIL LETTER Meeting of: 4/25/11 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ADOPT RESOLUTION NO. 2011 -029, BEING A BY: K. Hansen BY: RESOLUTION ACCEPTING BIDS AND AWARDING A DATE: 4/20/11 DATE: CONTRACT FOR RAMSDELL PARK IMPROVEMENT PROJECT Ramsdell Park Improvements Bid Award Page 2 A.4 Batting Cage: $11,805 A.5 ISD 13 Parking Lot Expansion: $38,102 A.14 Handicap Restroom Enclosure: $5,539 A.6 Water Service Line extension: $ 2,086 A.15 Soil Corrections $25 /CY A. Drinking Fountain n Ball ,field $ 4,842 A.16 Imported Topsoil $25 /CY A.8 Ball field Irrigation $ 7,124 A.17 Imported Common Borrow $25 /CY A.9 Concrete Maint. Strip -foul line $ 4,500 Staff recommends add - alternates Al-All, and A14-A17 in the contract award. The add - alternates shown in italics are those that the Columbia Heights School district would be funding. Staff met immediately following the bid award with representatives of ISD 13 who concurred with the alternate selection. A separate agreement will be forwarded to the Council that provides for payment by the School to the City for the identified items and access for the City of Columbia Heights to work on school property. The Council may want to consider making the hid award for Add - Alternates A3, 4, 5, 7, 10. and 1 1 contingent on an agreement being executed with the ISD 13 School District for funding and access. The bid for the Park Shelter is a mirror of the shelter installed at Silver Lake Beach in 2008. The bids came in slightly higher than the engineer's estimate of $30,000 due to poor soil conditions and required foundation corrections. Recommended Motion: Move to waive the reading of Resolution 2011 -029, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2011 -029 being a resolution accepting bids and awarding the Ramsdell Park Improvements, City Project No. 1 106 to C. Mogren, Inc of Hugo, Minnesota based upon their low, qualified responsible bid; in the amount of $262,71 1; plus Alternates Al -All, and A14-A17 in the amount of $146,119; with funds to be appropriated from Fund 412 - 51106 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Attachments: Minutes of the Bid Opening Resolution 2011 -29 It is expected that the Agreement with ISD 13 would be presented at the May 9' Regular Council Meeting for consideration. COUNCIL ACTION: 174 RESOLUTION NO. 2011 -029 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR TAR RAMSDELL PARK IMPROVEMENT PROJECT CITY PROJECT NO. 1106 TO C. MOGREN, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 1106, Ramsdell Park Improvement Project, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Alternates Base Bid + Alternates C Mogren $262,711.00 $155,358.00 $418,069.00 Max Steininger $294,580.36 $184,974.63 $479,554.99 Urban Companies $307,990.00 $182,827.50 $490,817.50 Fitol Hintz Const $308,219.25 $177,291.50 $485,510.75 Ebert Const $321,137.94 $210,845.28 $531,983.22 Sunram Const $343,513.90 $194,255.50 $537,769.40 Odessa II $355,653.00 $194,811.50 $550,464.50 Friedges Contr $365,595.12 $195,621.50 $561,216.62 Veit Companies $383,787.28 $191,121.50 $574,908.78 WHEREAS, it appears that C. Mogren, Inc., 17805 Foxhill Avenue N, Hugo, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with C. Mogren, Inc in the name of the City of Columbia Heights, for Ramsdell Park Improvements, City Project No. 1106, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project No. 1 106 shall be funded with Park Capital Improvement Funds, City Utility Funds and ISD #13 funds. Dated this 25` day of April 2011. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 175 CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Wednesday, April 20, 2011 at 10:00 a.m. Ramsdell Park Site Improvements City Project 1106 Pursuant to an advertisement for bids for Ramsdell Park Site Improvements, City Project 1106, an administrative meeting was held on April 20, 2011 at 10:00 a.m. for the purpose of bid opening. Attending the meeting were: Kevin Hansen, City Engineer Jim Janson, Odesa 11 Candace Amberg, Brauer & Associates Doug Gniot, Veit Companies Lee Sunram, Sunram Construction Inc. Karen Barron, C. Mogren Inc Rudy Fitol, Fitol Hintz Mike Van Handel, Max Steininger, Inc Tina Davis. Ebert Construction Rick Lopez, Friergo Landscaping, Inc. Bids were opened and read aloud as follows (See Attached Spreadsheet): Item Bidders Base Bid Alternates Alt 1 Landscaping Alt 9 Concrete Maint Strip - FL Alt 2 Shelter Structure Area Alt 10 Concrete Maint Strip - OF Alt 3 Outfield Fencing Alt 11 Concrete Maint Strip - Cage Alt 4 Batting Cage Alt 12 Scoreboard (Omitted) Alt 5 School Parking Lot Alt 13 Rubber Surfacing Alt 6 Water Service Alt 14 Restroom Enclosure Alt 7 Drinking Fountain Alt 15 Soils Corrections Alt 8 Ballfield Irrigation Alt 16 Select Topsoil Alt 17 Common Borrow Alternates Total Base Bid + Alternates Total NOTE: Alternates A15 through A17 bid by unit price only. Respectfully submitted, Sue Schmidtbauer Public Works Secretary 176 00 CD CD CD CD CD CD CD CD CD CD CD CD CD CD 00 vl CA CD CD CD un CD CD CD CD CD CD CD CD CD v1 r.- o 00 ,p r: 6 ki• CD C‘i 1, 1) 6 6 CD 00 --. CD CD CD . . ,,--. 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C.^. 0 0 -CD VD) ;a" 1 . ) 0 L.) + CA a) . = 75 i•••' = -t.E.,. .5 co 000 0 = 1) 5 75 o 0:1 o) --, (-1 0--t 71-• kr) vo r•-- cn a., -- — — — —. — -- CD ur) -,...• .4-- .... ...., ....., ...■ +-■ 4-0 ... -■-■ ....., ....■ ..., 4-, .. -,-, •-■ ,...., E -- 0 .. o m m -- -- -- _- -- -. -- -- -- -- -- -- -- _- _- -- -- __ m U R4 = < < < < < < < < < < < < < < < < < < gO < * CITY COUNCIL LETTER Meeting of: 4/25/1 1 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ACCEPT CITY HALL BOILER REPORT AND BY K. Hansen BY AV 1 AUTHORIZE STAFF TO SEEK BIDS FOR THE DATE: 4/20/11 DA = ' . %1 / • REPL OF THE HVAC BOILER SYSTEM AT CITY HALL Background: At the April 11, 2011 regular council meeting, the Council approved the replacement of the boiler systems at the Library and Public Works building. This project received a grant from the Minnesota Department of Commerce Office of Energy Security (OES) provides a 50/50 cost share for the work. Analysis /Conclusions: When staff applied for the OES Grant, City Hall was included in the original grant request but not included in the Library and Public Works bid package due to overall boiler sizing, delivery areas served, and the interconnection issues of a second boiler found during the design process. As discussed at the March 2011 Work Session, a separate report and sizing analysis was conducted and is attached for the City Hall boiler system. The primary objectives analyzed in the report: determine the proper sizing of the boiler(s), • whether the City Hall should continue to be served by two interconnected boilers, • the best location for a new boiler installation, and ➢ provide an updated cost estimate. The report looked at the benefits and drawbacks of each objective. The conclusion is that the second boiler can be taken out of service, and that a new, high efficiency boiler plant consisting of three 800MBH boilers would be the most cost - effective installation. It is estimated that this would cost in the range of $120 -$140 thousand for construction. $100,000 was budgeted in the Capital Improvements fund for general improvements to City Hall. A small amount of this may be needed to complete the building security project. The remaining amount can go towards the boiler replacement. With the updated report to replace the 1959 boiler, an additional appropriation would be required to provide funding for the project in 2011. Staff recommends an appropriation of $40,000 in fund 411 — General Government Buildings to provide sufficient funding for the work. It should be noted that approving the following motion does not commit the City Council to going through with this project. The motion provides funding and authorizes staff to seek bids on the project. Before the project is done it would need to come back to the City Council for approval of the bids. RECOMMENDED MOTION: Move to accept the City Hall Boiler Report prepared by Bonestroo, appropriate an additional $40,000 in the Capital Improvements General Government Buildings Fund 411 for the project; and authorize staff to seek bids for the replacement of the HVAC boiler system serving City Hall. KH:kh Attachments Bonestroo Report dated April, 2011 COUNCIL ACTION: 178 Boiler Replacement Analysis City Hall City of Columbia Heights April 2011 Project No. 000332 - 11135 -0 Bonestroo 179 EXISTING CONDITIONS: The City Hall is comprised of several building additions dating back to 1959. The original building is older, date unknown. The 1959 addition (east side of the building) includes the present boiler and heating pumps located in the basement. In 1977 the building was expanded to the west, with the addition of a heating boiler, separate pumping and piping specialties. The piping is arranged to allow the 1959 boiler to heat the entire building, or the systems can operate separately and independently. Presently, the systems are operating in a mode that connects the two systems and has both boiler plants operating. The age and condition of the boilers is such that they are near the end of their useful life. They are less efficient than modern condensing boilers. Replacement costs will be offset by energy savings. An economic analysis was not performed. CONSIDERATIONS: Three scenarios for the heating system are possible: 1) Retain two boiler plants. 2) eliminate the basement boiler plant. 3) Eliminate the 1977 boiler plant. 1. Retain both boiler plants - provide replacement boilers for each location. Benefits: Having two separate boiler plants has the potential for providing redundant heating capacity. This would accommodate a situation where one of the boiler rooms became uninhabitable or unavailable for use, such as during asbestos abatement or some catastrophic event. The chances of needing redundant boiler rooms to maintain building operations in the foreseeable future are small. Abatement can be done after seasonal shut -down, without a disruption of service. Another possible benefit would be that the heating utility costs for the portion of the building served by the separate systems could be tracked through separate gas utility metering. Presently, the gas is not metered separately for each boiler plant, so additional costs will be incurred to accomplish this, if desired. Drawbacks: The downside to having separate boiler rooms for the same building are many. Maintenance on the heating system is duplicated. This includes air bleeding, seasonal start -up and shut -down, maintenance of chemical treatment for the circulated fluid to prevent internal corrosion and slime build up, daily system checking for proper pressure and temperature. In addition to the system checks, each boiler and pump should be inspected to verify proper operation. With physical separation between the heating plants, there is unproductive time spent walking between the two locations. 180 As the system is presently installed, there are two separate expansion tanks. This is proper for systems that are operated independently, where the interconnecting piping is valved off. The present operation does not have the piping valved off, and the resulting operation of the system can become unstable, as the expansion tanks add and remove water from the system depending on the status of seven different zone pumps. This arrangement makes system analysis and troubleshooting difficult. 2. Eliminate the Primary boiler and consolidate the boiler plant into the 1977 Boiler Room, Potential Benefits: Locating the boiler plant in the 1977 Boiler Room would free up the space in the basement presently used for the boiler, heating pumps and the electrical service. The chimney in the older part of the building could be removed, freeing up some additional space on each floor. A single boiler plant improves the combustion efficiency of the equipment because the load will more often fall within the modulating range of a boiler. Cycling a boiler on and off to maintain water temperature is where boiler efficiency drops off. We are planning to use boilers that can modulate down to 20% of full capacity. With two plants, maximum efficiency occurs only when the load on both boiler plants is at or above 20% of capacity. (Both boilers will operate at steady-state condition of 20% output). With a single plant, one boiler operating at or above 20% keeps the system operating at high efficiency, extending the high efficiency performance over more days of the heating season in the spring and fall. Drawbacks: The heating piping that extends to the 1977 boiler room is only 2" pipe. This does not have adequate capacity to circulate enough hot water to service the older parts of the building with conventional design practices. Also, the 1977 boiler room is too small to easily accommodate a bank of three boilers and the necessary piping connections. \332 \332111350 \Design \BSG_Mechanical`332-11135-0 City Hall Analysis.doc 181 3. Eliminate the 1977 boiler plant and consolidate the boiler plant into the 1959 Boiler Room. Potential Benefits: Locating the boiler plant in the 1959 Boiler Room would free up some space in the 1977 Boiler Room, which includes telephone service equipment and wiring. This space could be used as a data closet for future tenants or City Hall departments. The efficiency benefits of a single heating plant can be realized. The 2" heating piping connecting the two boiler rooms is adequate to reuse to serve the 1977 addition. Drawbacks: New equipment will be located in a part of the building that has water problems. The water is from seasonal groundwater and piping drains that do not extend to a floor drain. This problem must be corrected before new wiring can be installed. RECOMMENDATION: Bonestroo recommends locating the new boiler plant in the 1959 Boiler Room. This would include three 800 MBH (input) boilers, a new zone pump and re-use of the 2" interconnecting piping as zone piping for the 1977 addition. The existing expansion tank will be re-used and the 1977 expansion tank will be relocated to the 1959 boiler room and re-used. The boiler, heating pump, air separator and flue will be removed from the 1977 boiler room. COST ESTIMATE: Bonestroo has identified the following components associated with the recommended course of action: • Remove two existing boilers, remove stack and seal combustion air in 1977 Boiler Room. • Remove 1977 heating pump and associated piping and specialties not to be reused. • Provide three new 800 MBH boilers, with individual boiler pumps and digital controls. • Provide one new heating pump to serve the 1977 addition. • Relocate 1977 expansion tank, install and connect to the system. • Electrical disconnections and reconnections required for the new equipment. Bonestroo estimates the cost to implement the above work will be between $120,000 and 140,000. Not included in the costs are design fees, asbestos testing and abatement, general construction to slope concrete floor for drainage. END OF REPORT 1: \332 032111350Design TSG _Mechanical \332-I I 135-0 City Hall Analysis doc 182