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HomeMy WebLinkAbout05/09/2011 Regular CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 590 40 Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Councilmentbers Visit our website at: www. ci.coluntbia- hei.hts.,nn.us Robert A. Williams Bruce NaM'rocki Tammera Diehni Donna Schmitt City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, May 09, 2011 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 Senior Pastor Rev. Ruth Hograbe, Community United Methodist 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 Metropolitan Council member Lona Schreiber 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 City Council meeting minutes MOTION: Move to approve the tabled City Council meeting minutes of April 11, 2011. p7 MOTION: Move to approve the City Council meeting minutes of April 25, 2011. p MOTION: Move to approve the continued Board of Equalization meeting minutes of April 25, p43 2011. B. Accept Board and Commission meeting minutes MOTION: Move to accept the February 22, 2011 minutes of the EDA. p45 MOTION: Move to accept the April 4, 2011 minutes of the EDA. p55 MOTION: Move to accept the January 25, 2011 minutes of the HRA. p61 MOTION: Move to accept the January 11, 2011 minutes of the Planning & Zoning Commission. p68 3 City Council Agenda Monday, May 09, 2011 Page 2 of 4 MOTION: Move to accept the April 5, 2011 minutes of the Planning & Zoning Commission. p83 MOTION: Move to accept the May 3, 2011 minutes of the Planning & Zoning Commission. p113 MOTION: Move to accept the April 6, 2011 minutes of the Library Board. p120 C. Adopt Resolution 2011 -31, being a Resolution regarding the 2011-2012 LELS Labor p122 Agreement- Sergeants MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 2011 -31, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 342, Police Sergeants, effective January 1, 2011 - December 31, 2012. D. Accept bids and award contract for Library replacement of rooftop units p127 MOTION: Move to accept the bids and award a contract to NAC Mechanical and Electrical Services in the amount of $20,663 and add alternate 1 in the amount of $780, for a total contract award of $21,443; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. E. 37th and Central Development Agreement p128 MOTION: Move to approve i Econom Development the Amended and Restated Contract for Private Redevelopment by Heights and between the Columbia ic Dloent Autho J rity and the City of Columbi ... v:. Y J Heights and 37th and Central LLC dated May 2, 2011. F. Approve development of a new City Website. MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with p129 CivicPlus for the development of a new city website and provide ongoing supportive services, based on their proposal of March 16, 2011. MOTION: Move to appropriate $35,000 in the Cable TV fund to cover the first year expenses of developing a new city website. G. Approval of the attached list of rental housing licenses. p131 MOTION: Move to approve the items listed for rental housing license applications for May 9, 2011 in that they have met the requirements of the Property Maintenance Code. H. Approve Business License Applications p136 MOTION: Move to approve the items as listed on the business license agenda for May 9, 2011 as presented. I. Approve payment of the bills p138 MOTION: Move to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check number 138794 through 138967 in the amount of $1,468,196.17. MOTION: Move to approve the Consent Agenda items. 4 City Council Agend Monday, May 09, 2011 Page 3 of 4 6. PUBLIC HEARINGS A. First Reading of Ordinance No. 1600, being an Ordinance Pertaining to Chapter 8. Sections 75 p146 through 86, Local Improvements and Special Assessments and Ordinance No. 1601, being an Ordinance Pertaining to Chapter 6. Section 56, Purchases and Contracts MOTION: Move to waive the reading ofthe Ordinance Nos. 1600 and 1601, there being ample copies available to the public. MOTION: Move to schedule the second reading of Ordinance No. 1600, being an ordinance amending Chapter 8, Sections 75 through 86, of the Charter of the City of Columbia Heights to May 23, 2011 in the Council Chambers at approximately 7:00 p.m. MOTION: Move to schedule the second reading ofOrdinance No. 1601, being an ordinance amending Chapter 6, Section 56 of the Charter of ofthe City ofColurnbia Heights to May 23, 2011 in the Council Chambers at approximately 7:00 p.m. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Adopt Ordinance No. (590, Amending Chapter 4` Section 2BA,Pertaining to the Prirnar' p156 Election; Ordinance No. 1597, Amending Chapter 4, Section 33, Pertaining to Canvas of Elections: and Ordinance No. |598, Amending Chapter 7, Section 70-Pertaining to Taxation and Finance (Receipts Go to the City Treasurer) MOTION: Move to waive the reading ofOrdinance Nos. 1596, 1597, and 1598, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1596, being an ordinance amending Chapter 4, Section 28A, ofthe Charter ofthe City of Colunibia Heights pertaining to the Primary Election. MOTION: Move to adopt Ordinance No. 1597, being an ordinance arnending Chapter 4, Section 33,ofthe Charter of the City of Colurnbia Heights pertaining to Canvas ofElections. MOTION: Move to adopt Ordinance No. 1598, being an ordinance amending Chapter 7, Section 70 of the Charter of the City of Columbia Heights pertaining to Taxation and Finance (Receipts to go to City Treasurer). 2) Adopt Ordinance No. 1590 pertaining to weed removal. OrdinanceNo. 1591 pertainingto p101 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 adopt Ordinance No. 1590, being an ordinance amending Ordinance No. 1490 City Code of 2005, regarding weed removal. MOTION: Move to adopt Ordinance No. 1591, being an ordinance amending Ordinance No. 1490 City Code of 2005, regarding public nuisance. MOTION: Move to adopt Ordinance No. 1592, being an ordinance amending Ordinance No. 1490 City Code of 2005, regarding property rnaintenance. B. Bid Considerations - none C. New Business and Reports - none 5 City Council Agenda Monday, May 09, 2011 Page 4 of 4 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his /her name and address for the record. 10. ADJOURNMENT / ,f 9 ,Linda L. Magee, Acting i ' Manager LLM /pvm 6 OFFICIAL 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.rn. 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 201 1 -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 7 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 201 1 -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 8 City Council Minutes Monday, April 11, 2011 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 l 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 2011 -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, 201 1 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 I. 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. 9 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 Zayo 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 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 $94,21 1.64. The appropriation from the 2010 budget would be used to fund this. 10 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. 1. 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 11 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 1 a in the amount of $5,400 and 1 b 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. 12 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 come 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 13 City Council Minutes Monday, April 11, 201 1 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 14 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. 15 City Council Minutes Monday, April 11, 2011 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 16 City Council Minutes Monday, April 11, 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 WoIney 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 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 9tfi 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. 17 City Council Minutes Monday, April |}.2o|| Page o^r Patricia Muscovitz CMC City Clerk RESOLUTION NO. 2011-16 RESOLUTION SUPPORTING A C0Oy4TY'vV1DE 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 o[ 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 ofCotumbia Heights has actively participated in the JLEC through the participation nf our chief law enforcement officer and our elected officials; and WHEREAS, the Anoka County Fire Protection Cnunci>, which represents the 15 fire departments in Anoka County, unanimously supports a shared public safety data system; and WHEREAS, the safety ofthe public and police and fire personnel will be enhanced by improvements in the speed and accuracy ofshared public safety information systems; and WHEREAS, the public safety databases are aging and outd*ed, do not support effective data sharing, and do not support data archiving and crime analysis activities, and VuHEKEA9, significant public safety staff resources may be redirected from redundant data entry to more effective public safety efforts; and WHEREAS, both residents n[and public safety agencies in Anoka Courny have benefitted from improved public safety, increased effectiveness, and resource conservation due to the resulting economies ofscale provided by shared and consolidated services; and VVH2KEAS, the JLEC desires to implement a comprehensive shared public safety information system in Anoka County whereby Iaw enforcement, fire,jait, 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 u|cgio!mivc change to allow the use ofthe 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 n[ 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 ofthe public safety bonding authority provided by MSS 383E to county-wide public safety projects as provided for in BF429 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 n[ Columbia Heights nn behalf o[its Prosecuting Attorney and Police Department desires to enter into)oin/Pvvve,aA&rccmcnmni& the State ofMinnesota, Department ofPublic Safety, Bureau ofCriminal 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 10 add, modifi and delete connectivity, systems and tools over the five year life ofthe agreement and obligates the City to pay the costs to the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council ofColumbia Heights, Minnesota as follows: |. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department vfPublic Safety, Bureau of Criminal Apprehension and the City of Columbia Heights on behalf of its 18 City Council Minutes Monday, April 1 1, 201 1 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 1I, 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. 19 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 1. 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 I1, 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 front 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, AlgiONddition City Council Minutes Monday, April 11, 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. v v 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. 1 1 . 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 ALDI, 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. 21 City Council Minutes Monday, April 11, 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 #201 1 -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 I, 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 (l) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings and descriptive information shall become part of the permit. 22 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING APRIL 25, 2011 The following are the minutes for the regular meeting of the City Council held at 7:10 pm on Monday, April 25, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Associate Pastor Dave Briley, Oak Hill Baptist Church, gave the Invocation. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Peterson removed Resolutions 2011 -23 and 2011-25, in that the properties have been brought into compliance. Nawrocki requested to discuss several items under the Manager's report. He will report on the school play and the recent DARE graduation. 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. Peterson read the proclamation. Kathy Goodridge, with the help of the event coordinator, thanked everyone (the community, the Blue Star Moms, and the Marines) for their support of the upcoming event to honor Derek on May l St. Peterson stated that the benefit will be from 1:00 to 8:00 p.m. at Murzyn Hall. B. Proclamation - Building Safety Month Peterson read the building safety month proclamation. C. Proclamation - 2011 Community Prayer Breakfast Peterson read the proclamation for the Community Prayer Breakfast to be held on Wednesday, May 11, 2011 at 7:00 a.m. Miscellaneous Nawrocki stated that "Beauty and the Beast" will be performed at the Columbia Heights High School this weekend. Peterson indicated that some cast members may attend this meeting after their dress rehearsal. Nawrocki stated he attended the DARE graduation at North Park School on April 15. Most of the students live in Columbia Heights. Diehm stated that Top Valu will have a wine sale and free in -store wine tasting on May 4. Also, the Medtronic foundation has named their 2011 scholarship winners with two recipients from Columbia Heights: Issa Ali and Phuong Thanh Nguyen. Peterson congratulated participants in the Sister City Young Artist Showcase. Last year our local artist won the national prize. Peterson thanked Liz Bray, Recreation Coordinator, for her work on this event and listed this year's winners: Young Authors: First Place: Yarina Cordova Teran; 23 City Council Minutes Monday, April 25, 2011 Page 2 of 20 Runners -Up: Nathan Wiig and Anna Nelson; Honorable Mention: Samira Ahmed. Young Artists: First Place: Sirilak Mingkwan; Runners- Up: Danielle Lindstedt and Stacia Stromberg; Honorable Mention: Jesus Villegas. Congratulations to these authors and artists. CONSENT AGENDA Nawrocki requested to remove items A, D, E, H, 1 for discussion. Schmitt requested to remove items F, G, and L. City Manager Walt Fehst took Councilmembers through the remaining consent agenda items. A. Approve minutes of City Council meetings - removed B. Adopt Resolution 2011-026 Authorizing Acceptance of Traffic Safety Award (Toward Zero Death $2.000) Motion to waive the reading of Resolution 2011 -026, there being ample copies available for the public. Motion to adopt Resolution 2011-026, a Resolution Authorizing Acceptance of a Traffic Safety Award. C. Approve transfer of funds for CHHS overtime, Detox transports and DWI enforcement grant overtime from General Fund to Police Dept. Budget Overtime Line #1020 Motion 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 - removed E. Accept reports (2) for a condition study of the MSC floor and authorize staff to seek bids - removed F. Adopt Resolution 201 1 -027, being a resolution accepting bids and awarding the 2011 Miscellaneous Concrete Repairs and Installations, City Project 1100 - removed G. Approve final payment for 2009 street and alley improvement projects - removed H. Adopt Resolution 2011-030 being a Resolution ordering preparation of a report for 50th Avenue turn lane, East of Central Avenue — removed. 1. Authorize the Mayor and City Manager to enter into an agreement with Loftier Companies for copiers, including a five year guaranteed maintenance and supply price, based on their low quote of April 1, 2011 - removed J. Approval of the attached list of rental housing licenses. Motion 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 Motion to approve the business license agenda for April 25, 2011 as presented. 24 City Council Minutes Monday, April 25, 2011 Page 3 of 20 L. Approve payment of the bills - removed Fehst requested to address the Auto Auction item following the consent agenda discussions. Motion by Diehm, second by Schmitt, to approve the Consent Agenda items B, C, J, K as presented. Upon vote: All ayes. Motion carried. A. Approve minutes of City Council meetings. Motion by Diehm, second by Schmitt, to approve the minutes of the April 11, 2011 Board of Appeal and Equalization. Upon vote: All ayes. Motion carried. Motion by Diehm, second by William, to approve the minutes of the April 11, 2011 City Council meeting. Nawrocki indicated that he was not allowed to finish his discussion on the proposed work at City Hall and read from a written statement on the financial indebtedness of the community. He stated that the Mayor abstained on the vote as his son may work for the contactor, but he felt the gavel should have been passed. Nawrocki requested to table the minutes for the secretary to include his discussion. Schmitt indicated her desire to have heard the reason for the abstention at the meeting, rather than read it in the newspaper. Peterson stated that his son may work with the contractor and abstained on the advice of the City Attorney, even though this is not considered a conflict of interest. Diehm requested the City Clerk review the meeting, as she did not believe that the Mayor made this motion. Nawrocki requested to table the minutes and add more information in the minutes. Diehm again requested clarification of who made the motion. Diehm felt his comments tonight would be covered in the minutes of this meeting. Nawrocki stated that this was the low bid and this is not a reflection on the work done by this company. Diehm withdrew her motion to approve the minutes. Motion by Diehm, seconded Nawrocki, to table the minutes of the April 11, 2011 City Council meeting to determine the maker of the motion on the City Hall remodel. Upon vote: All ayes. Motion carried. D. Enter into an agreement to receive bike racks from the Transit for Living Communities Grant Motion by Diehm, second by Williams, 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. Kevin Hansen, Public Works Director, stated this is a multi -city agreement for thirteen cities directly adjacent to the City of Minneapolis to purchase and provide them with bicycle rakes. The only cost to us is installation of the 20 to 25 bike racks. Minneapolis requests a signed understanding from us by April 29. The racks would be installed this summer. This is for regular bicycles, not rental bicycles. Schmitt questioned the cost. Hansen stated that the number of racks we receive will depend on the final bid cost. The amount allocated to Columbia Heights is $3,500. Schmitt requested a copy of the project memorandum dated August 15, 2010. 25 City Council Minutes Monday, April 25, 2011 Page 4 of 20 Upon vote: All ayes. Motion carried. E. Accept reports (2) for a condition study of the MSC floor and authorize staff to seek bids Motion by Diehm, second by Williams, 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. Nawrocki questioned the cost of the SRF study. Hansen stated three quotes were received, with a low quote of $5,800. Hansen stated the estimated cost of $70,000 is budgeted in fund 701, Central Garage fund. Schmitt questioned what would be cut if this estimate is not enough. Hansen stated this was a report to look at the floor and provide a cost estimate. He explained the work needed and indicated that some of the work can be done in- house. Schmitt questioned if the load per square foot was correct. Hansen stated it is 65 lbs. per square foot and that heavy equipment is not brought in loaded. Upon vote: All ayes. Motion carried. F. Adopt Resolution 2011-027. being a resolution accepting bids and awarding the 2011 Miscellaneous Concrete Repairs and Installations, City Project 1 100 Motion by Williams, second by Diehm, to waive the reading of Resolution 2011-027, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, 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, with funds t b appropriated from Fund 212-51100-4000; a fi t authorize the Mayor and City Manager to enter into a contract for the same. Nawrocki referred to the asterisk on the third bid tabulation sheet. Hansen stated that means the item was corrected; in this case about $100. Hansen stated that very little of this amount is assessed. Upon vote: All ayes. Motion carried. G. Approve final payment for 2009 street and alley improvement projects Motion by Schmitt, second by Williams, 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. Schmitt questioned this work being from 2009. Hansen stated the project had a two year warranty and we had to carry it longer than normal. Nawrocki questioned the overage /change orders. Hansen stated that information could be provide and explained that some items are over or under the bid amount. This approves the final quantity used, rather than the estimates in line items. Upon vote: All ayes. Motion carried. H. Adopt Resolution 2011 -030 being a Resolution ordering preparation of a report for 50th Avenue turn lane, East of Central Avenue Motion by Williams, second by Schmitt, to waive the reading of Resolution 2011-030, there being ample copies available for the public. Upon vote: All ayes. Motion carried. 26 City Council Minutes Monday, April 25, 2011 Page 5 of 20 Motion by Williams, second by Schmitt, to adopt Resolution 2011 -030, being a Resolution ordering preparation of a report for a turn lane on 50th Avenue, east of Central Avenue. Hansen estimated the total cost at about $8,000 and indicated that a comparison to the liquor store turn lane could be completed at the time of the feasibility report. This is a report on ways to fund this work. Fehst referred to a resident's question on the turn lane and Tyler Street traffic. No through traffic and no large trucks were discussed. Upon vote: All ayes. Motion carried. I. 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 low quote of April 1, 2011. Motion by Diehm, second by Schmitt, 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 low quote of April 1, 2011. Bill Elrite explained this would include two copiers for the library, one being a coin -op machine that patrons can also print to from the internet terminals, eliminating the need for staff to retrieve and charge patrons for their copies. Nawrocki and Schmitt questioned the need to purchase all seven copiers at one time. Elrite stated that in 2003 five copiers were purchased, followed two years later with the purchase of two used units for the liquor store and the high -rise. Williams requested a breakdown of the maintenance charge and supply charge. Elrite stated that quotes were received on a per copy basis. Non color copies are less than one cent and color copies are about seven cents. Fehst described the staff research time and cooperation to find the best machine, at the best cost, to meet our needs. The initial recommendation of Council was to bid the copiers together to save funds. Police Chief Scott Nadeau complimented staff and explained the savings of using one large machine that can copy, print, scan, and fax versus many small copiers. Schmitt indicated her desire to purchase these machines over several years and was not in favor of the purchase for Parkview Villa, with the anticipated future sale of the buildings. Peterson described the length and amount of time invested to research the copiers and the heavy use these machines endure. Elrite stated that money has been set aside yearly in the capital equipment budget for this purchase. Nawrocki questioned if the Police Department purchased a new copier with their new building. Elrite stated that their existing machine was moved in anticipation of this group purchase. Elrite described the proposed copier for Parkview Villa and indicated that this machine could be sold with the building or moved to another location, such as the Recreation Department that has a machine nearing the end of its cycle. Diehm stated her comfort with this proposal and indicated that the Library Board is anxious for this purchase. This only replaces copiers in need of an upgrade and there is a benefit to the quantity bid, including supplies and maintenance and is a good investment. Schmitt again questioned the purchases for the liquor store and Parkview Villa. Elrite indicated they are both very low level, basic machines. Nawrocki requested more definitive information on the machines in these locations and the equipment to replace them. 27 City Council Minutes Monday, April 25, 2011 Page 6 of 20 Motion to amend by Nawrocki to table the copier purchase for additional information. Diehm stated she could not support the motion. After eight months of research she is comfortable with staff's recommendation. Schmitt asked if the entire amount was in the budget. Elrite stated there is slightly more than this in the budget. Schmitt indicated that she would like to split Parkview Villa out of the vote. Peterson called for a second to the motion to amend. Motion to amend died for lack of a second. Upon vote of the original motion: Schmitt, nay; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes — 2 nays. Motion carried. L. Approve payment of the bills Motion by Diehm, second by Williams, 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. Schmitt questioned the Riggs and Squads payment. Nadeau stated there was a squad that was totaled. It was put in the vehicle replacement cycle. Items were removed to place in a new vehicle. Schmitt questioned the Kennedy and Graven payment. Fehst stated that was for the legal opinion on a possible Mady's property purchase. Fehst stated that we did not go forward with the purchase. He listed the upcoming final event to be held at this business. Upon vote: Ali ayes. Motion carried. Auto Action Fehst stated that Auto World's quarterly auction is to sell vehicles which are obtained through state and city contracts. The last auction was larger than normal and there were parking complaints. It was brought to the attention of the police department and was addressed. Recommendations were given. This business is a major tax payer in town. We will address the neighbor's concerns. Schmitt referred to the call she received on noise and excessive parking, blocking of driveways, and double parking. She is not against the auctions, but suggested moving them to Murzyn Hall or the high school parking lots and let students sell beverages. Jeff Bahe, of Jeff s Bobby and Steve's Auto World, stated he has met with some of the neighbors and the Police Chief. He will post no parking on the west side alley to 37 and will only park three cars in the driveway, leaving the rest in alley. This auction was unusually large with 80 vehicles rather than the typically 40. The current site is licensed by the State of Minnesota. He stated that they will work with the neighbors and look out for their needs. They are also licensed to do the title work. Diehm referred to the difficulty of a commercial business abutting a residential area and is glad they are willing to work with the neighbors. Jeff Broddy, 3805 Reservoir Blvd., stated they attend the events and have never complained. The proposed no parking signs will work. He suggested staging the vehicles across the street at the maintenance facility, Nawrocki stated that he received a complaint and viewed the confusion. This is not the place to have that much activity. Nawrocki suggested holding the auctions at the area where the Jamboree is held. 28 City Council Minutes Monday, April 25, 2011 Page 7 of 20 Nadeau stated that an officer responded to the event and he had a follow up conversation with Mr. Bahe regarding illegal parking. Their cooperation was appreciated. Fehst stated that the women that complained heavily was here tonight to now support Bahe, but had to leave. Bahe indicated that there will be differences at the next auction. Peterson stated that the auction was very festive and is confident these issues will be addressed. Nawrocki reiterated the need to find another location. Miscellaneous Peterson asked the cast members present of the High School production "Beauty and the Beast" to introduce themselves. Students introduced themselves and indicated the dates and times of the performances. The Friday show will be a dinner theater with food provided by Taste Pizza. Williams questioned if the students use the new gym. Students indicated they did and appreciate it. Schmitt talked about the cooperation of this production through borrowing costumes from the Burnsville school. PUBLIC HEARINGS A. First Reading of Ordinance No. 1596, pertaining to the Primary Election; Ordinance No. 1597, 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 by Williams, second by Schmitt, to waive the reading of Ordinance Numbers 1596, 1597, 1598, and 1599, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, 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. Jim Hoeft, City Attorney, indicated these ordinances were housekeeping items to bring the City Charter into compliance with State Statutes. Schmitt indicated she would like to have seen the Charter Commission minutes that discussed this. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, 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. Hoeft stated this would change the canvas time period from five to seven days. Upon vote: All ayes. Motion carried. Hoeft explained this addresses disciplinary action for embezzlement as covered in the State Statutes. Diehm stated that these items are a result of the Charter Commission reviewing and bringing the Charter up to date. Motion by Williams, second by Diehm, to schedule the second reading of Ordinance No. 1598, 29 City Council Minutes Monday, April 25, 2011 Page 8 of 20 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. Schmitt questioned checks being deposited on the same day. Hoeft stated that issue was not addressed. Nawrocki referred to the receipt of donations. Diehm requested that the Charter Commission be notified to review the rest of this section. Upon vote: All ayes. Motion carried. Hoeft requested Ordinance No. 1599 be tabled. This is a housekeeping item, but requires further research as it is addressed in several areas of the State Statutes. Schmitt requested information on The Charter Commission's comments. Motion table by Williams, second by Diehm, table 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. Upon vote: All ayes. Motion carried. B. Adopt Resolutions 2011-023, 5128 -30 Washington Street N.E., 2011 -024, 4321 5th Street N.E., 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. John Larkin, Assistant Fire Chief, indicated the owner did not scheduled inspections or pay the required fees. He recommended license revocation. Motion by Williams, second by Schmitt, to close the public hearing and to waive the reading of Resolution Numbers 2011- 024 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution Numbers 2011-024, 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. Upon vote: All ayes. Motion carried. C. 1st reading of Ordinance No. 1590 pertaining to weed removal, Ordinance No. 1591 pertaining to public nuisance, and Ordinance No. 1592 pertaining to property maintenance. Motion Williams, second by Diehm, to waive the reading of Ordinance No. 1590, Ordinance No. 1591, and Ordinance No. 1592, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Larkin indicated that previously the mailing date was the official date used. This would now use the date when the property is posted to begin the four day compliance requirement. Mailings will still be sent. It is hard to located property owners of abandoned properties and this will expedite the process. Nawrocki indicated that the mailing should be required. Schmitt stated concern that if mailing is not required it may be dropped. Hoeft stated that the mailing included the date and was confusing. It will now only indicate that the property is posted and the owner needs to respond. Property owners need to be responsible for their property. Williams agreed. Peterson also addressed the need for property owners to care for their property. They receive proper notification. Diehm indicated that a property is tagged after the grass reaches nine inches, which is more than reasonable. Schmitt referred to a neighbor whose tag was placed on her neighbor's door. Larkin stated that is not the norm. 30 City Council Minutes Monday, April 25, 2011 Page 9 of 20 Larkin described the inspection and re- inspection process. Nawrocki indicated that we do not want good landlords punished. Larkin stated that grass at nine inches is not a good landlord. Owners are given the opportunity to make the corrections. Diehm stated that if grass is cut because the wrong property was posted, they can come to us and the fee would be waived. Fehst indicated how well the Fire Department runs this program. Motion by Williams, second by Diehm, to set the second reading of Ordinance No. 1590, for Monday May 9, 2011, at approximately 7:00 pm in the City Council Chambers. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to set the second reading of Ordinance No. 1591, for Monday May 9, 2011, at approximately 7:00 pm in the City Council Chambers. Larkin stated this ordinance is to better define immediate and emergency abatement, such as emergency abatement following a fire or immediate abatement of abandoned appliances. Williams called for the question. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to set the second reading of Ordinance No. 1592, for Monday May 9, 2011, at approximately 7:00 pm in the City Council Chambers. Larkin stated this would address rubbish removal, finding the true owner, and placing it in the correct section of the City Code. Nawrocki questioned the discussion on screening. Larkin stated that has been put on hold. Fehst stated that we will not look at enclosing the area. Nadeau stated that Austin and Nightingale will work with the Community Development Department on this. It also addresses not allowing property managers to move evicted tenants to an adjacent building. Nadeau stated that by Statute we can no longer do background checks for landlords, but want them to continue to do them. We host landlord training sessions. There is one scheduled this week and 80 RSVPs have been received. They can do the background check themselves free of charge or at little cost. Schmitt stated she knows a landlord that appreciates the meetings and looks forward to them. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) 2nd Reading of Ordinance 1593. being a Zoning Amendment as it relates to LED Signage. 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 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. Nawrocki spoke against the change of displays from ten minutes to thirty seconds. People will be distracted. Diehm stated appreciation for the additional information received on standards used by surrounding communities. We are making a significant change and it would be reasonable to change to one minute. She stated that she would not support the second reading. Williams stated 31 City Council. Minutes Monday, April 25, 2011 Page 10 of 20 New Brighton has an eight second change limit. Williams called for the question. Upon vote: Schmitt, aye; Williams, aye; Diehm, nay; Nawrocki, nay; Peterson, aye. 3 ayes — 2 nays. Motion carried. 2) 2nd Reading of Ordinance 1594, being a Zoning Amendment as it relates to Fences. Motion by Williams. second by Diehm, to waive the reading of Ordinance No. 1594, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, 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. Nawrocki questioned the previous discussion on fencing driveways. Diehm indicated that discussion was not part of this change. Upon vote: All ayes. Motion carried. 3) 2nd Reading of Ordinance 1595, being a Zoning Amendment as it relates to Animal Shelters. Motion by Williams, second by Schmitt, to waive the reading of Ordinance No. 1595, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Moti by Williams. by Diehm 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. Nawrocki stated this addresses noise in the shelter, and questioned noise outside of the shelter. Peterson stated they would be in a business area. Diehm indicated that each case would be determined on its own merit. Fehst stated that no formal application has been made. Upon vote: All ayes. Motion carried. B. Bid Considerations 1) Adopt Resolution No. 2011-28, being a resolution accepting bids and awarding a contract for 2011 Street Rehabilitation Project Motion by Williams, second by Schmitt, to waive the reading of Resolution 2011 -028, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, 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. Nawrocki indicated he would vote against this, as several people at the public hearing were also opposed to it. These streets do not need work. An assessment is an unneeded cost, particularly to those along 6 Street. 32 City Council Minutes Monday, April 25, 2011 Page 11 of 20 Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — I nay. Motion carried. 2) Adopt Resolution No. 2011 -029. being a Resolution accepting bids and awarding a contract for Ramsdell Park Improvement Project Motion by Williams, second by Schmitt, to waive the reading of Resolution 2011 -029, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution 2011 -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 $262,71 1; plus Alternates Al -Al 1, 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. Nawrocki stated he would not support the proposal, feeling this basically only shifts things in the park. He indicated concern for the cost and spoke of current bonded indebtedness. Fehst stated that the majority of the money comes from park dedication fees which can only be used for park improvements. Schmitt questioned future improvements. Hansen indicated that bids received were 25 percent under the architect's estimate. Costs will be shared with the School District. The Park and Recreation Commission is reviewing LaBelle and storm water control for Gavette where funding may be available. They will prioritize play equipment at their next meeting. Hansen indicated that park dedication funds cannot be used for general maintenance. Peterson indicated this will include additional parking. Schmitt questioned if this is the same proposal shown at the work session. Hansen indicated that the skate park was removed. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. 5 ayes. Motion carried. 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 Motion by Williams, second by Schmitt, 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. Hansen stated this was discussed at the March work session and covered the interconnection to a second boiler. The report has different boiler scenarios: replace both in -kind, replace both with one, or do nothing. It would be best to get rid of the second boiler and replace the entire plant with one unit. Through extensive analysis it has been determined that everything can be downsized with about a fifteen year payback. Hansen stated this boiler was put in place in 1959. Nawrocki questioned funding. Bill Elrite, Finance Director, stated that $100,000 was budgeted in 2010 and re- appropriated for security work. This year there was $100,000 budgeted for general improvements to city hall, with a small portion to include security cameras and furniture /fixtures for the office area. 33 City Council Minutes Monday, April 25, 2011 Page 12 of 20 Schmitt questioned if there are rebates available. Hansen stated yes, based on the size of the boiler. Rebates should be about $4,000 or $5,000. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager Fehst indicated that there would be an EDA meeting at 6:30 p.m. on May 2, just prior to the work session. Discussion will include information on a new web site and several more Charter amendments. Nawrocki stated that there was not much time allowed to review the draft of the city newsletter and he requested adding information on the Jamboree and Memorial Day service to be held here. Nawrocki referred to a letter against having a community garden next to the person's home. Fehst stated that this year a box garden is proposed for that lot. Nawrocki requested to know the cost of the employee picnic so he could pay for his meal. Peterson indicated that was not the intent of the motion this is in reference to. Report of the City Attorney — nothing to report. CITIZENS FORUM No one came forward. . &D JO! JRNMENT Peterson stated: Remember our service men and women. Pay them your respect; shake their hand. Don't take ourselves too seriously and do a random act of kindness. Peterson adjourned the meeting at 10:27 p.m. Patricia Muscovitz CMC City Clerk 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. 34 City Council Minutes Monday, April 25, 2011 Page 13 of 20 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. 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 Construction, Inc. $39,264.70 Thomas and Sons Construction, 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: 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 hid amount of $39,264.70 according to plans and specifications therefore approved by the Council. 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. 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. RESOLUTION 2011 -024 I7 ..... lotion of City /',......,.:I r,.- 6.. City f Columbia leight City' !'L,.. 5 A UIULIvu V a l u IC �.u Council for the �,n of uluuluia 1I I lILJ ap iiu rcvULULIUII piirsuailt to'.ityy' �.uuc, LuaptC. ✓,-., 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: Failure to submit rental license application and fees, and 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 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 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; 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. 35 City Council Minutes Monday, April 25, 2011 Page 14 of 20 RESOLUTION NO. 2011-030 ORDERING PREPARATION OF A REPORT FOR THE 50 AVENUE 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 429.1 1 1 (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. 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 1, Section 9.103 of the Columbia Heights City Code, 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 -2B, R -3, R -4, LB and PO zoning districts. Chapter 9, Article I, Section 9.106 (P)(8) of the Columbia Heights City Code, is thereby amended to read as follows: G § 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. 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. 36 City Council Minutes Monday, April 25, 2011 Page 15 of 20 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 I, Section 9.106 (P)(9)(d)3. of the Columbia Heights City Code, is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (9) Signs in Residential Districts R -I, R -2A, and R -2B. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the R -I, 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 Tess 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, 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: 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)(11)(d) of the Columbia Heights City Code, 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. Chapter 9, Article I, Section 9.106 (P)(12)(a)2 of the Columbia Heights City Code, 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 1. Section 9.106 (P)(12)(d)3 of the Columbia Heights City Code, is thereby amended to read as follows: § 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. 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, 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] 37 City Council Minutes Monday, April 25, 2011 Page 16 of 20 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, 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)(14)(d)3 of the Columbia Heights City Code, is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (14) S'igns in 1 -1 and 1 -2 Industrial Districts. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the 1 -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 1, Section 9.106 (P)(15) of the Columbia Heights City Code, 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: 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. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. ORDINANCE NO. 1594 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: 38 City Council Minutes Monday, April 25, 2011 Page 17 of 20 §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, 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: 1. Galvanized or vinyl coated woven fabric — minimum 11%2 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 ,voting 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. (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. 39 City Council Minutes Monday, April 25, 2011 Page 18 of 20 (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 Tess than 4 feet in height, shall be installed between the facility and the right -of -way. Chapter 9, Article I, Section 9.109 (E)(3)(h) of the Columbia Heights City Code, 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 I, 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 I, Section 9.109 (G)(3)(p) of the Columbia Heights City Code, shall include the following addition: § 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 1, Section 9.109 (H)(3)(r) of the Columbia Heights City Code. shall include the following addition: § 9. 1?ESIDENTi A i . nIQTRICTS. (H) R -4, Multiple- Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -4, Multiple - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (r) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.110 (D)(3)(t) of the Columbia Heights City Code, 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. Chapter 9, Article 1, 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: (h) Fences greater than six (6) feet in height. 40 City Council Minutes Monday, April 25, 2011 Page 19 of 20 Chapter 9, Article I, Section 9.111 (D)(3)(i) and (j) of the Columbia Heights City Code, shall include the following additions: § 9.111 INDUSTRIAL DISTRICTS. (D) 1 -1, Light Industrial District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the I -1, Light Industrial District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (i) Fences greater than seven (7) feet in height. (j) Barbed wire fences, Chapter 9, Article I, Section 9.111 (E)(3)(i) and (j) of the Columbia Heights City Code, shall include the following addition: § 9.111 INDUSTRIAL DISTRICTS. (E) 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: (1) 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, shall include the following additions: § 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. *§ 9.107 (C)(8 -47) shall be renumbered accordingly. ORDINANCE NO. 1595 RELATING ANIMAL SH AND KENNELS WITHIN THE CITY r1F COLUMBIA HEIG IT The City of Columbia Heights does ordain: Chapter 9, Article 1, Section 9.107 (C)(2) of the Columbia Heights City Code, 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 1, 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. (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. RESOLUTION 2011 -028 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ZONE 6 STREET REHABILITATION 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 41 City Council Minutes Monday, April 25, 2011 Page 20 of 20 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 1102 shall be funded with State Aid Funds, General Funds (Infrastructure and Assessments), Sanitary Sewer Construction, Water Construction, and Storm Water Utility Construction Funds. RESOLUTION NO. 2011 -029 ACCEPTING BIDS /AWARDING CONTRACT - RAMSDELL PARK IMPROVEMENT 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 $262,71 L00 '4155,358.00 $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: 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. 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. City Project No. 1106 shall be funded with Park Capital Improvement Funds, City Utility Funds and ISD #13 funds. 42 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS BOARD OF APPEALS AND EQUALIZATION MEETING MONDAY, APRIL 25, 2011 The following are the minutes for the April 25, 2011 continuation of the BOARD OF APPEALS AND EQUALIZATION for the City of Columbia Heights City Council held at 6:30 p.m. on Monday, April 25, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. BOARD OF REVIEW ROLL CALL Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt STATEMENT OF PURPOSE OF THE BOARD OF REVIEW Peterson indicated this meeting is for information on property valuations requested for review at the April 11, 2011 Board of Appeals and Equalization. INTRODUCTIONS Peterson introduced the Anoka County Appraisers: • Jim Rouleau — Senior and Commercial Appraiser • Mike Brown, Residential Appraiser COUNTY APPRAISER REVIEW OF REQUESTED PROPERTIES - Review of 5080 Muicare Drive, 3813 -15 Pierce Street, 3717 Van Buren Street, and 1155 Khyber Lane. Brown reported on his review of 5080 Mulcare Drive and 3814 Pierce Street. It was agreed that the Mulcare valuation would remain the same. Brown recommended an amendment /reduction in value at 3814 Pierce Street from $175,100 to $171,300 for the 2011 assessment. Brown reported on his review of 3717 Van Buren Street. Brown recommended no reduction in property value, and requested Council input. He explained that there is not a value reduction on the property, but there is a noise issue and surrounding vacant properties. Rouleau indicated that the properties around this have been vacant for several years. Nancy King, property owner, indicated that there is a dust problem and the noise is like living on Central Avenue. Buffers were discussed. Nawrocki felt some consideration could be made, as the vacant properties were to be covered to keep the dust down. King suggested placement of a fence. Diehm questioned the current property value. King stated that her house is valued $13,000 more than her neighbor. Rouleau stated that they are not identical properties. Peterson indicated that the property will be developed this year and that we have never discounted properties for noise. Brown listed the dates that the adjacent properties were demolished. Rouleau indicated that any adjustment would need to also be applied to other properties in the area. Peterson stated that the area will be landscaped this year and this should not be an issue next year. Schmitt stated that her concern is the openness of the area. Diehm stated the lots in the area have the same land value. Brown stated the land value is $54,000. Rouleau indicated that a percentage reduction for one year would be feasible. Motion by Diehm, second by Schmitt, to reduce the land value of the value portion by ten percent for one year on 3717 Van Buren. Upon vote: All ayes. Motion carried. Brown referred to 4250 Van Buren and indicated the change from a disability homestead to a homestead was the difference in value. 43 Brown indicated he reviewed Mr. Stauch's five properties. He researched all the sales in the area and they were not qualified sales. He recommended no value reduction on these properties. Brown indicated the list of 17 disqualified sales on this type of property. Williams asked when those values would go into effect. Brown stated that sales would only be considered if they are good sales. Brown listed the sale amounts for the two "good" duplex sales for that time period. Lee Stauch stated that he could not put his properties on the market and expect to sell them for the valued price. Motion by Nawrocki, second by Schmitt, to adopt the 2011 Assessment Rolls as amended. Upon vote: All ayes. Motion carried. Adjourn Mayor Peterson adjourned the meeting at 7:00 p.m. Patricia Muscovitz CMC City Clerk 44 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE REGULAR MEETING FEBRUARY 22, 2011 The meeting was called to order at 7:00 pm by President -Gary Peterson. Members Present: Bruce Nawrocki, Gary Peterson, Bobby Williams, Donna Schmitt, and Gerry Herringer (arrived 7:05 pm). Members Absent: Tammera Diehm and Marlaine Szurek Staff Present: Walt Fehst, Scott Clark, Sheila Cartney, and Shelley Hanson. Clark administered the Oath of Office to Gary Peterson and Donna Schmitt. Diehm will take the oath of office later. 2. PLEDGE OF ALLEGIANCE- RECITED 3. ELECTION OF OFFICERS Chair- Williams nominated Peterson for Chair. There were no further nominations. All ayes. Vice Chair: Williams nominated Szurek for Vice Chair. There were no further nominations. All ayes. Secretary /Treasurer: Williams nominated Diehm for Secretary/Treasurer. There were no further nominations. All ayes. 4. CONSENT AGENDA 1. Approve the Minutes of November 23. 2010. 2. Approve the Financial Report and Payment of Bills for November and December 2010 and January 2011 per Resolution 2011-01 Questions from members: Nawrocki stated that he had not received any information regarding Red Wing's Rental Inspection Program being challenged in court that was noted in the minutes of the November meeting. Cartney stated the only reference she could find was an article dated from 2008. Staff will call Red Wing to see if there was something more recent. Nawrocki questioned the payment to BNC on the November detail. Clark told him it was the TIF payment for the Huset Park Development as they are now the owner of the remaining property. He also questioned the negative balance of ($41,000) on page 8 of the report. Staff will have to ask Finance for the detail of this entry. Nawrocki then questioned the Federal Grant Pass Through amount on page 5 of the December Report. Cartney explained that was the CDBG funds that were received for the demolition of the properties in the Sheffield area. He then questioned entries on page 6 for the Ad Valorem and Area Wide Tax line items. He wants an explanation of what those entries mean. Staff 45 EDA Commission minutes Page 1 2 February 22, 2011 will check with Finance to get details on these entries. Nawrocki then questioned the $51,000 transfer from EDA Admin as reflected on page 10. He wants the details of where the funds originated and what they are for. Nawrocki asked what the payment on page 1 on the January Report to AME was for? Cartney told members it was to the Contractor who demolished four single family homes and one duplex. He then questioned the $7,500 that was transferred in from the EDA Admin fund noted on page 7. Staff told him they would check with Finance for an explanation of that posting along with the one previously noted in December. Then Nawrocki questioned the CDBG expenditure on page 9 of $50,687. Cartney said it was a carryover amount to pay for additional demolitions as approved in the amendment for use of the CDBG funds. On page 14, Nawrocki questioned an amount for $12,030 that was posted for property acquisition. Staff responded that they are working with Finance on this posting as they believe it was posted to the wrong account. It was the amount paid for the water and sewer disconnects for several properties. Finance will correct the entry if need be. Herringer questioned the payment on page 3 for NE Bank Credit Ca. for $115. Staff responded it is the department credit card payment for a seminar fee. Then the payment of $273.27 to PERA was questioned. Clark explained that was the payment to cover the employee's share of the PERA contribution for the optional furlough time that was taken by him in an effort to save the City some money. Motion by Williams, seconded by Schmitt, to waive the Reading of Resolution 2011 -01, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Williams, seconded by Schmitt, to approve the minutes and to adopt Resolution 2011 -01, approving the Financial Report and payment of bills, for November and December 2010, and January 2011. All ayes. MOTION PASSED. EDA RESOLUTION 2011 -01 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL STATEMENT FOR NOVEMBER AND DECEMBER 2010 AND JANUARY 2011 AND PAYMENT OF BILLS FOR THE MONTHS OF NOVEMBER AND DECEMBER 2010 AND JANUARY 2011. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the months of November and December 2010 and January 2011 has been reviewed by the EDA Commission; and WHEREAS, the EDA has examined the financial statement and finds them to be acceptable as to both form and accuracy; and 46 EDA Commission minutes Page l 3 February 22, 2011 WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. BUSINESS ITEMS 5. 37 and CENTRAL PROPOSAL Clark introduced Chris Little (owner and developer) and Mark Wold (O'Reilly's representative). On June 24, 2008 the City of Columbia Heights and the EDA entered into a Contract for Redevelopment with 37 and Central LLC to redevelop the southwest corner of 37 Avenue and Central Avenue. The redevelopment plan included a 9,000 square foot commercial building. This project has had public financial assistance. The following assistance was approved as part of the Development Contract: $100,000 Anoka County EDA Levy for land acquisition costs $75,000 CDBG for land acquisition costs - $30,000 CDBG demolition $30,000 State Aide Road funds for turn lane $133,198 Land Value Write downs - $21,800 interest write down for loan Total in grant and in -kind assistance $389,998. On May 11, 2009 the EDA Amended the redevelopment contract to change the commencement date from May 1, 2009 to May 1, 2010 and to change the completion date from January 1, 2010 to January 2011. These dates will need to be amended again. NEW PROPOSAL Chris Little would like to discuss a new proposal with the EDA for 37 and Central. The new concept would include a 7,500 square foot O'Reilly auto parts store. The new store would relocate the existing business from 43` and Central. The building in concept meets the City's design guidelines and would be located at the southeast corner of the lot with parking to the north. If the EDA approves the concept, amendments to the Development Contract would be acted on at the April EDA meeting to approve a different type and different sized structure from the original proposed plan. Staff seeks direction from the EDA on the proposal and contract amendments Questions from members: 47 EDA Commission minutes Page 1 4 February 22, 2011 Diehm who was not present did forward some comments on the new proposal. While she understands that redevelopment of that site is market driven and what might have worked five years ago, won't necessarily work now, she is concerned about the level of financial assistance that was approved for this site. She isn't necessarily against the new proposal, and thinks the new building looks fine and meets our Design Guidelines. She just questions whether the EDA should re- negotiate the terms of the assistance since the overall scope of the project has changed. Therefore, staff stated there are three options the Board can choose: 1. Turn down the new proposal, and have the Developer keep looking for other options. 2. Accept the new proposal and go ahead with existing terms of the Contract. 3. Accept the new proposal and negotiate the amount of assistance to be granted if the concept is acceptable to the members. Nawrocki asked how much the City currently has into this project. Clark stated that the City purchased three properties and then did a write down of the land values. Since the purchases were made before he came, he would have to research the total purchase prices and what funds were used to purchase the properties. He noted that some of the costs are included in the figures above and notes that funds from Anoka County EDA levy were also obligated for this project. Walt said that Chris Little also has invested a lot in this project over the last three years. Chris agreed and stated he paid between $550,000- $575,000 for the Chutney property, has paid over $100,000 for Engineering services to help design something that would work on this site, as well as the interest costs he has paid on the loans thus far. He said he has put forth a lot of effort to get the property developed with something he feels will be a good fit for the site and surrounding area. Chris stated that he will be lucky to come out even on this venture. And as time goes by, that will become more difficult. Schmitt asked several questions to get a better understanding of the background of this project. Clark explained to the members that if the Board accepts this concept, it would re -open the development agreement and the terms of the agreement could be amended at that time. Chris would then have to decide if the terms are acceptable to make the new project work for him. Peterson said that Diehm was mostly concerned with the financial aspect of the project, and wasn't against the project as a whole. Peterson thinks it is an attractive building and doesn't have a problem with the plan. He thinks it would have minimal impact on the surrounding residential area since it will be strictly a retail store in a nice, new building that will be positioned close to the intersection. He would rather see something constructed that will add to the tax base, than to let it sit empty. He thought it would be a good fit for the area and asked Williams how it would impact his business. Williams also thought it would complement his business. He said they buy parts from them, so it would be advantageous to have them located nearby. Both he and Peterson thought it was important to keep a local business in our City. Mark Wold said the current O'Reilly's building size is only 4,000 sf and parking is a problem on that site. They prefer to re- locate within Columbia Heights, but will look elsewhere if this proposal is not approved. Wold told members they are building a similar designed store in Wisconsin. He explained how they would place the store on the southeast corner of the property and utilize the property on the west and north sides for parking. He stated this would be strictly a retail store and there would be no auto repair work taking place on site. 48 EDA Commission minutes Page l 5 February 22, 2011 Heringer asked what the market value of the property would be when it's done? Wold said he expects the construction of the building to be approximately $750,000- $800,000 and isn't sure what the land would be valued at. Herringer said his first inclination was not favorable since we have so many automotive centers up and down Central Avenue already. But he also realizes the options are limited for this site due to the size, access, and being adjacent to residential property. He ultimately feels it is important to get something built on the site and to get the property back on the tax rolls. Schmitt stated that if it were a new auto store trying to locate on this site, she may not be in favor of this, but allowing a current business to move within our city makes sense. She also would like to see something built there and not have it sit empty. She thought the design of the building would be an improvement to what was there previously and what is there now. Wold said he thinks this location would be great for them. There isn't another auto store south of this location for quite aways. O'Reilly's thinks they will be able to draw customers from a large area from that location. The site would provide about 33 parking stalls as proposed. It was noted that this number wouldn't really be enough parking for a restaurant if one was constructed about this same size. Chris said he has tried several different options for the site and due to the shallow depth of the site, it is hard to make something work. Nawrocki didn't feel it was the best use of the property, but because of the economy, there aren't many options to consider. He is concerned about the impact on the residents and the traffic in the alley, as well as the financial impact for the City. Clark said since the consensus was to consider the new proposal, he would put some figures together and get estimates on what the taxes would be for the Board. The Board can then decide if any of the financial terms need to be revised. Chris and O'Reilly's will move ahead with negotiations and will bring a formal plan back to the City. 6. ALLOCATION OF FUNDS FOR CITY'S REHAB INCENTIVE & LOAN PROGRAM Staff requests that the Columbia Heights Economic Development Authority (EDA) authorize $50,000 of funding for the Columbia Heights Rehab Incentive Program. Both the Rehab Incentive Program and the Deferred Loan Programs are included in the Housing Maintenance Plan 2008 — 2017, approved by the EDA on August 18, 2007. The Greater Metropolitan Housing Corporation (GMHC) administered the programs for the City in the past, but staff will administer the program from now on, and will be able to offer greater and more responsive services to our residents since GMHC is closing their Northeast office and may be closing other offices, Rehab Incentive Program The Columbia Heights Rehab incentive Program is designed to assist homeowners in the City in maintaining and improving their homes by providing a rebate to homeowners after an improvement has been completed. The upgrades foster a stabilization and revitalization of the City's housing stock. Homeowners of single- family or owner- occupied duplexes with a household income at 115% of the area median income or less are eligible to apply. Calculated as a percentage of total construction costs, a rebate payment of 10 %, 12% or 15% may be 49 EDA Commission minutes Page I 6 February 22, 2011 granted, up to $3,000, Examples of eligible improvements include repairing or replacing dilapidated porches, roofs, retaining walls, siding, exterior steps or railings and heating, plumbing or electrical systems. Single - Family Home Deferred Loan Program (SFHD) The purpose of the Single - Family Home Deferred Loan Program (SFHD) is to provide low - interest loans to homeowners of lower income to complete structural improvements that would help maintain the quality of their homes and the City's housing stock. Assistance is targeted at homeowners who need to perform home maintenance, but who may not be able to pay a monthly debt service of a conventional loan. The SFHD provides half of the total project costs, or up to $7,500, in a deferred loan to homeowners making 80% of the median area income or less. To qualify for the program, the homeowner must provide matching funds for the remaining project costs. Home equity loans or an MHFA loan qualify as matching funds. Exterior home improvements related to health and safety, code violations or energy efficiency, such as windows, siding and roofs would be eligible. Repayment of the loan, plus simple interest of two percent, will be required upon sale of the house or transfer of title. The homeowner can use the proceeds from the sale of the house to pay the loan. Repaid loans will be returned to the funds available to finance future loans. A lien applied to the property ensures that the loan is repaid. Currently, there is a $24,000 balance remaining in this program, so no additional funds are being requested at this time. A new Resolution eliminating any funding for the deferred loan program was passed out at the meeting. However, Staff recommends the EDA fund the Rehabilitation Incentive Program in the amount of $50,000 from Fund 420— Capital Improvement Development Fund, so the Rehab Incentive Program can be continued. Clark explained that Staff has closed five loans in the last 6 -7 weeks. Staff told members that by taking over the programs internally, we are saving $15,000 /year that was paid to GMHC to administer the two programs on our behalf. Since GMHC will be closing their NE location, this provides better service and is more convenient for our residents to access. We have received very positive feedback from those we have had contact with during the last two months. Clark said this also cuts down on the duplication of services that was taking place. We already provide housing and construction information to owners, we handle the paperwork and issue permits for the work, and do the inspections to ensure compliance with the building code. They were duplicating some of these things as part of their process. Questions from members: Nawrocki asked if anyone had contacted St Anthony since an article in the paper quoted them as saying they thought the contract with GMHC was a valuable service. Clark stated he had a conversation with Mike Mornson, the City Manager, regarding this matter. He explained that St Anthony doesn't have a large staff and there is no one there who is equipped to handle this internally for them. St Anthony contracts out for a lot of their services. Walt said Staff has expertise in this area and will provide better service to our residents. Herringer said he commended staff for saving the city money by re- assessing workloads 50 EDA Commission minutes Page 17 February 22, 2011 during this slow redevelopment time and for taking on other tasks to maintain services for our residents. Nawrocki asked what fund the Rehab Incentive funds would come from. Clark answered the 420 account. Nawrocki wanted to know where that shows up in the budget. Clark explained that the 420 account is a Capital Fund and is not annually budgeted. Expenditures out of this account are made by Resolutions approved by the Board and are not line item expenditures. Nawrocki asked how much we would be allocating if GMHC still was in charge of the programs? Clark told him we would be allocating the $50,000 and the $15,000 to GMHC. Then Nawrocki stated he thought the $15,000 saved should be taken from the 420 account and put into the General Operations Budget. Clark explained to Nawrocki that the 420 Fund is the only nest egg the City has to spend on redevelopment and housing expenditures. The $15,000 saved by not contracting with GMHC can now be spent on other redevelopment. Schmitt thinks it's better to keep the funds in the 420 Account. Peterson agreed and said any expenditures out of that account have to be acted on by the EDA. Motion by Schmitt, seconded by Herringer, to waive the reading of Resolution 2011 -02, there being an ample amount of copies available. All Ayes. Motion by Schmitt, seconded by Herringer, to Adopt Resolution 2011 -02, a Resolution Approving funding for the Rehab Incentive Program in the amount of $50, 000 from Fund 420 — Capital Improvement Development Fund. Roll Call: Schmitt, Peterson, Herringer Williams - aye and Nawrocki - abstained. MOTION PASSED. EDA RESOLUTION NO. 2011-02 A RESOLUTION APPROVING FUNDING FOR THE REHAB INCENTIVE PROGRAM ($50,000) AND THE SINGLE - FAMILY HOME DEFERRED LOAN PROGRAM (SHED) ($35,000) 'WHEREAS, since 2002 the Greater Metropolitan Housing Corporation (GMHC) has provided housing consulting services for the City of Columbia Heights, and WHEREAS, over time the majority of their service time has centered on the City's Rehabilitation Incentive Program and the City's Deferred Loan Program process, and WHEREAS, over time the City's Community Development Department, in order to provide better service for the residence of the community, has increasingly taken over the duties of providing information regarding home buying and rehabilitation programs, and WHEREAS, the Community Development Department has all of the skill sets necessary to run any type of housing program including knowledge of financing, real estate and construction, and WHEREAS, the Economic Development Authority (EDA) does not have to take any formal action to sever their relationship with GMHC since their contract with the EDA ended at the end of fiscal year 2010, and WHEREAS, this resolution seeks to authorize and provide additional funds for the continuation of the City's Rehabilitation incentive Program and the City's Deferred Loan Program, to be administered by the City, NOW THFREFORE BE IT RESOLVED 51 EDA Commission minutes Page l 8 February 22, 2011 THEREFORE, BE IT RESOLVED, that the EDA allocates $50,000 for the Rehab Incentive Program and $35,000 for the Single - Family Home Deferred Loan Program from Fund 420 — Capital Improvement Development Fund. 7. MEETING DATES Over the past year staff has had discussions with Authority members regarding a discussion of meeting times at an EDA meeting. The EDA meets on the fourth Tuesday of each month, resulting in about 8 meeting nights annually. Staff would like to propose, for discussion purposes, having the EDA convene on the first Monday of each month at 6:30 p.m., prior to the Council work session. The theory behind this is that for those EDA meetings that have a short agenda they can be completed by the 7:00 p.m. work session start time. If there is a need for a longer agenda, the EDA meeting would effectively consume the first thirty minutes or so of the first part of the work session and the work session would start immediately following the EDA meeting. On the rare occasions where a lengthy meeting is required the EDA can always call a special meeting. A number of cities convene their EDA or HRA commissions prior to the start of a Council meeting, with the purpose of consolidating meeting nights. Clark said Diehm had suggested this new schedule and was in favor of trying it out. He further explained that four meetings a year tend to get cancelled because of the HRA meetings being held at Parkview Villa the same night. Clark stated it is difficult sometimes to have EDA meetings at that location and that it confuses the residents in the process. If we change to this new schedule, we would have more meetings, but they would be shorter in duration and would be scheduled prior to the work sessions, so it would free up a night for commission members. He realizes that discussions will need to stay focused, but feels it is a better utilization of time for everyone. Staff is available to answer questions regarding any of the agenda items prior to a meeting. Williams said it would be harder for him to get here by 6:30 pm, but he is willing to try it to free up a Tuesday evening. Nawrocki said he doesn't see a problem having the EDA meetings on the same night as the HRA meetings at Parkview Villa and favors continuing on the same schedule. Schmitt suggested we try it for six months and see how it works. It was noted that special meetings can always be called for items that may require more time for discussion. Clark said he will bring back a by -law change and that the new schedule could begin in April. S. DISCUSSION REGARDING MADY'S ACQUISITION Herringer and staff met with Gene Mady earlier today. Clark explained to Commission member Schmitt that the City made an offer to purchase the property last year, but the deal never transpired due to partnership issues. Mady went to Court in late fall to dissolve the partnership. The Court told him that in order to dissolve the partnership, one partner must buy out the other. There was a discussion to consider whether the City is still interested in purchasing this property if it becomes available once the ownership is determined to be one party or the other. Clark gave Schmitt a summary of previous terms /offers that were made during the negotiation process. She asked what the City's vision was for the site? Clark said that would be determined by the market conditions at the time it is redeveloped. He said at this point it is a long term vision, and no 52 EDA Commission minutes Page 19 February 22, 2011 specific plans are in place for the site. The opportunity to purchase will only be considered if the price and terms are reasonable. Peterson asked if the City eventually purchases the property, how long it would be until it could be razed? Herringer stated that depends on how much the City is willing to spend since there are potential re- location fees, leases to buyout, etc. that would need to be negotiated before a closing could take place. Nawrocki didn't think it was an advantage to the City to purchase this property. He said there are other sites that can't be re- developed now, so why purchase this one? He thinks that buying out leases and paying re- location expenses could be even more detrimental to the City. Clark said he was updating the members on the fact that this site may become available again, and that he would need to confer with the EDA attorney regarding the process the City would need to follow if they decide to enter into negotiations again. Since there was a general consensus to proceed, Staff will come back with a report after speaking with the EDA attorney. 9. ADNIINISTRATIIVE REPORT 1) BNC /Ryland Clark reported that BNC National Bank and Ryland have been working together and that Ryland will move forward with the construction of the final 51 units in Phase 2. 2) Grocery Store He told members that Aldi's has approached the City and informed staff that they will be constructing an Aldi's in Columbia Heights. They will bring in their Site Plan Application in March for the April Planning & Zoning Commission meeting so they can begin construction yet this spring. 3) Buffalo Wild Wings -The store closed permanently February 7, 2011. Clark reported that staff has been in contact with the owner of the building to see what their plans are for the building and if the City can be of any help in referring a new tenant. Staff had also contacted Buffalo Wild Wings to see why they decided to vacate the space. Corporate said they wanted to go to a new prototype look for their establishment and that they couldn't remodel that site to their satisfaction. 4) Parkview Villa Clark informed members that Diehm will be calling a special meeting of the HRA for March 7 prior to the work session to interview three candidates for the vacant HRA position. Nawrocki asked how many candidates had applied and who they were. Clark responded that Nelson, Miner, and Sufka had applied for the vacant position. Clark also reported that RFQ's went out for the sale of Parkview Villa. They are due back in March and interviews will be scheduled with the companies that respond. EDA members will be asked to participate in these interviews. Nawrocki noted that he didn't think goals A -E should be modified. 5) Medtronics 53 EDA Commission minutes Page 110 February 22, 2011 Clark reported the remodeling of the Medtronic facility is moving ahead smoothly. Medtronic will be moving approximately 500 employees to this facility in Phase 1 and up to 200 more in Phase 2. 6) Mady's This was discussed previously in the meeting. 7) Image Committee Staff continues to work on this committee with the goal being to enhance the image of Columbia Heights through various means including a newly designed website. 8) Scattered Site Staff will bring back information on this matter in May or June. 10. OTHER BUSINESS Nawrocki stated the Anoka Union had an article that the CDBG requests had been submitted and he noted that Columbia Heights did not submit a request this year. Clark said that Columbia Heights didn't have any programs that would fit their criteria this year. Columbia Heights has received funding the last couple of years to help us accomplish some of the goals we had as a City. Anoka County needs to spread the funds out to other communities, and this year their requirements were established to help other communities and their programs. Clark said we wouldn't have been successful in obtaining any funds since we couldn't meet the criteria. Staff will get him a copy of the requirements. The next meeting is scheduled for Tuesday, March 23, 2011 at City Hall. The meeting was adjourned at 9:10 pm. Respectfully submitted, Shelley Hanson Secretary 54 ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE SPECIAL MEETING APRIL 4, 2011 The meeting was called to order at 7:00 pm by President -Gary Peterson. Members Present: Bruce Nawrocki, Gary Peterson, Bobby Williams, Donna Schmitt, Tammera Diehm, Marlaine Szurek, and Gerry Herringer Staff Present: Walt Fehst, Scott Clark, Sheila Cartney, and Shelley Hanson. 2. PLEDGE OF ALLEGIANCE- RECITED 3. CONSENT AGENDA 1. Approve the Minutes of February 22, 2011. 2. Approve the Financial Report and Payment of Bills for February 20] 1 per Resolution 2011 -03 Questions from members: Nawrocki stated he is still waiting for answers to some of his questions noted in the minutes from the last meeting. Clark reviewed each item in question and gave a detailed response. Nawrocki then asked what the three expenditures were on page 4 of the Financials. Clark told him they were the rebates issued for the Home Improvement Rebate Program. Nawrocki then asked about the County Grant $ 8 8 6 6 6 7 rah.. /'I,_.1_ .1 that 11_. 201 0 V1d111 posting V1 .pY,00V.VV 011 page / V1 LIIG report. I,IdIK explained 111111 Was actually a LV1V expenditure for the Make Heights Your Home Program, and that the Finance Department will be correcting the financial reports as necessary. Motion by Nawrocki, seconded by Herringer, to waive the Reading of Resolution 2011 -03, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Nawrocki, seconded by Herringer,to approve the minutes and to adopt Resolution 2011 -03, approving the Financial Report and payment of bills for February 2011. All ayes. MOTION PASSED. EDA RESOLUTION 2011 -03 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL STATEMENT FOR FEBRUARY 2011 AND PAYMENT OF BILLS FOR THE MONTH OF FEBRUARY 2011. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469,096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the month of February 2011 has been reviewed by the EDA Commission; and 55 EDA Commission minutes Page l2 April 4, 2011 WHEREAS, the EDA has examined the financial statement and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. BUSINESS ITEMS 4. 37 and CENTRAL PROPOSAL Clark reminded members that at the February 22, 2011 EDA meeting Chris Little, along with a representative from O'Reilly Auto Parts, presented a plan for the 37 and Central Redevelopment site. It was emphasized that O'Reilly's will be vacating their current location in the 4200 block of Central Ave. and it is their desire to 1) Relocate within the city and 2) To own a 7,600 sq. ft. facility. The construction of this subject building would need a development agreement amendment due to the size of the building (amended agreement had a minimum of 9,000 sq. ft.) and was specific to a given site plan and architecture. The issue that was discussed by the EDA was the use of the facility and whether or not it meets the spirit and intent of the original agreement. The design of the building was not an issue as it does meet the City's design guidelines (if approved the building will need to go through the Planning Commission for site plan review.) The major concern was the amount of public subsidy for this type of facility. Staff met with Chris Little after the meeting to discuss whether the subsidy level could be modified. Chris presented staff with information, which he shared with the Commission members at this meeting, regarding a purchase agreement from O'Reilly's. Clark stated that based on the purchase price and some of the known expenses, the developer will lose at least $60,000. The only adjustment in the amount of the stated subsidy will be a reduction of $15,000 in interest write -down since the original $43,600 loan will be repaid after three years instead of ten years (meaning the grant and in- kind assistance will be reduced from $369,998 to approximately $354,000). Clark went on to explain that the purchase price O'Reillys has committed to is approximately $16 /sf which is in line with the current market price for a corner piece of property on Central Avenue. Clark stated he had checked with Larry Pietrzak from NE Bank who is familiar with local market values, and that he also thought the price was fair. Clark then reminded members that when the Savers appraisals were done, the Court decided $15 /sf was a fair price for that site. 56 EDA Commission minutes Page 13 April 4, 2011 Although the aforementioned amount seems high for a redevelopment with the end use being an auto parts store, staff would like to state the following for discussion or thought: 1) Redevelopment costs do not translate the same way that private side transactions occur (meaning that the key measurement for a private side success is the return on investment. Redevelopment carries with it other objectives including creating the ability to build new and create new reinvestment opportunities in the city). A portion of these dollars went to demolishing four buildings (two of them single family homes) that had marginal utility left in the buildings. 2) The demolishing of these buildings, and subsequent land assemblage with the developer, provided a reasonable sized lot that could be developed on. 3) The development will increase the tax base (new building versus the four old buildings) by approximately $15,000 annually. 4) The risk to the EDA, and an important policy question, is the willingness to do nothing with this property for an extended period of time. The proposal at hand is real with an end user desiring to start the development process immediately. 5) The end user is relocating, within the city, from a leased space user to one that will own property. 6) One of the issues associated with redevelopment agreements is the difficulty associated with moving away from the original plan. Unfortunately, development agreements often times run into the vagaries of the market and in this case, the market changes are long term. The new use fits into what is present in the immediate area. the design will meet all of the City Ordinances, taxes are increased, an existing business will be investing in the city, and a difficult site (square footage and depth) will have an appropriate sized retail establishment. Staff recommends these changes, and if agreed upon, the next step would be a formal development agreement modification at the next meeting. Questions from members: Nawrocki wanted to know how much money had been expended thus far on this site that once included the restaurant on the corner, the office building and two houses. Clark responded that the City has a net amount of $205,200 into the property thus far, plus $105,000 CDBG funds that were used for the purchase and demolition of the two homes. Clark reminded members that the City purchased the Beecroft Office Building for $248,800, but is to receive $43,600 back from the developer that was considered a loan. He went on to explain there are other costs involved such as the $30,000 for State Aid road modifications required by MNDOT, $133,000 land value write down, and $21,800 interest write down. Clark stated the figure of $354,000 noted in some of the documents was a calculation arrived at to make a determination on whether the property had to go through the business subsidy process. This was arrived at using a formula of various costs and valuations. Clark also pointed out that Chris Little purchased the Chutney Restaurant for $575,000, plus closing costs for a total of $593,000. The City did not expend funds for that property. Nawrocki asked what benefit this would be to the City. Clark responded that it would provide the City with a 7,600 sf freestanding building that rid the City of some very, blighted properties. It would also generate approximately $15,000 more in tax revenue than what the old buildings would have generated in today's market. Plus we retain a business that wants to stay in our City. The 57 EDA Commission minutes Page I4 April 4, 2011 alternative would be to deny the project and let the site sit as is for an indefinite amount of time, which costs all parties ultimately. There has been little interest in the site, even though Chris Little has worked hard to get some small retail businesses to commit to being part of the development as originally planned. Peterson stated the only thing that has really changed is that it is a smaller building than the one originally planned for the site, Herringer asked if the modification to the turn lane was still going to be a requirement since the scope of the project has changed somewhat. Clark informed him that it would still be required. Diehm stated she had read the minutes and felt the consensus was that "it was better than nothing ". She said they faced a similar decision last year regarding the Grand Central Lofts site when the construction of rental units was considered. At that time, the Council decided to stick with the original agreement, and denied the amended plan. She thinks the Board needs to be consistent in their decision making. Peterson said that is not comparing apples to apples. The size of the sites is different, which limits what can be done on them. He also said the prospect of adding more rental to the City is what ultimately killed that project. Herringer agreed and stated that amending that agreement was difficult especially since there had been promises made to condo owners who currently are part of the project. Chris Little said he understands the Board's disappointment that this development isn't exactly what they had envisioned. He stated he had worked hard to get a coffee shop to commit to the site, but no one was interested in that location. He told members he didn't bring a fast food, drive through concept to the Board even though there was some interest by that type of business. Chris said the other thing to consider is that O'Reilly's is set to move to a location in NE Minneapolis if this doesn't get approved, as they are definitely leaving their present site. Herringer said he thinks if the developer can soften the financial impact to the City that it might help the Board approve the amendment needed to change the scope of the project. He didn't suggest a dollar amount - -that would be up to the developer. He didn't have an issue with the usage and thought it would fit into what's currently in the area. Chris stated that he has already taken a financial hit on this project and has sat on the property for three years in an attempt to get a development the City would accept. He reviewed some of the costs he has incurred thus far, and noted that he has lost closer to $130,000 than the $60,000 previously stated. Peterson said there are two things that seem to be an issue. The Board must decide if the development for a new O'Reilly's store is an acceptable one for that site, and if the financial terms are acceptable. He stated that everyone who has invested in Real Estate over the last couple of years has suffered losses. This is true for the developer and for the City itself. Walt said he thinks the neighbors in the area want to see it developed or seeded to improve the overall look of the site. If it is seeded, then it will have to be maintained indefinitely until such time that is developed, which could be years. 58 EDA Commission minutes Page 15 April 4, 201 1 Diehm asked if the Development Agreement is amended, does Planning and Zoning also have to approve the Plan for the parcel. Clark stated, yes, it would go through a Site Plan approval process. There was a discussion which process would happen first. Nawrocki stated that it is not the most desirable use of the site, but admitted that the building design is fairly decent. However, he is mostly concerned about the public money being used to get the property developed. He thinks the old businesses and houses should have been left in place longer. He expressed his desire to hold out and wait for something more lucrative to come along. Schmitt stated that it is time to cut our losses and move forward. She appreciates that a local, nationally known business wants to relocate within the City. Whatever decisions were made in the past, are in the past, and the market has changed which is something we do not have control over. She pointed out that we need to move forward with what is available now and make decisions that continue development of our city and add to the tax base. Szurek said she is not totally happy with the proposed project, but also recognizes that O'Reilly's is willing to spend money to build within our City and it will add to our tax base, so she can accept an amendment to the Development Agreement that will allow this to move forward. She also stated that this is reflective of our population and income level of our residents. This is a business that will work because the residents nearby are the ones who frequent this type of business and who work on their cars. She would, however, like to see the sides of the building visible to traffic be softened somehow to make sure the design is appealing. Peterson asked Nawrocki what figure he had in mind that would make this a more acceptable alternative plan? Clark stated the money that has been expended to date for both the City and the developer won't change. We have both lost something in this venture due to the change in market conditions and values, and the ability to get construction loans for re- development. Clark then suggested that the Board decide on a definable amount to put on the table for the developer to consider, such as the turn lane modification expense that is required by MNDOT. This is an expense of approximately $30,000 that could become the developer's responsibility rather than the City's. This expense is to move the driveway further north to meet the distance requirement from the corner. The consensus of the Board was this was an acceptable modification in order to amend the Development Agreement so the proposed O'Reilly's building could move forward. Motion by Diehm, seconded by Herringer to move forward with amending the Development Agreement to allow for the construction of an O'Reilly's Auto Parts Store, with the understanding that the Developer agrees to be responsible for the cost of doing the turn lane modification as required by MNDOT. Ayes - Williams, Schmitt, Diehm, Szurek, Herringer, and Peterson Abstain - Nawrocki .MOTION PASSED. Clark said the amended Development Agreement will be brought back to the EDA for approval at the next meeting. In addition, the Planning and Zoning Commission will consider the Site Plan at its June or July meeting. 5. OTHER BUSINESS Clark told members that it is unlikely the City will be acquiring the Mady's site. There is a pending sale on the property. 59 EDA Commission minutes Page 16 April 4, 2011 Nawrocki asked about the status on the commercial piece at the Grand Central Lofts site. Clark said there is nothing new regarding that site and he believes the property is still owned by E. Khoratty. Clark told members that the Site Plan for Aldi's is being considered by the Planning and Zoning Commission at the April 5th meeting and that McDonalds will be doing a half million dollar remodel of its restaurant that will be on the May or June Planning and Zoning agenda. Clark reminded Herringer and Szurek they are invited to attend the Special HRA meeting being held Thursday, April 7th to interview the two companies who are interested in purchasing Parkview Villa. The meeting will be held at the Public Safety Building. The next meeting is scheduled for Monday, May 2, 2011 at City Hall. The meeting was adjourned at 8:00 pm. Respectfully submitted, Shelley Hanson Secretary 60 HOUSING & REDEVELOPMENT AUTHORITY MINUTES OF THE REGULAR MEETING OF JANUARY 25, 2011 1. Call to order — The meeting was called to order by Chair Diehm at 7:00 pm 2. Oath of Office Clark issued the oath of office to Gary Peterson, Tammera Diehm, and Donna Schmitt 3. Roll Call — Members present: Bruce Nawrocki, Gary Peterson, Donna Schmitt, Tammera Diehm, and Bobby Williams. Staff Present: Executive Director -Walt Fehst, Community Development Director -Scott Clark, Assistant Community Development Director - Sheila Cartney, and Secretary- Shelley Hanson Parkview /CommonBond staff: Laura Sheak, Jennifer Eels, Lisa Wilcox- Erhardt, and Laura Frost who will be replacing Lisa. 4. Pledge of Allegiance - Recited 5. Election of Officers — Chair: Peterson nominated Diehm for Chair. There were no further nominations. All ayes. Vice Chair: Peterson nominated Williams as Vice - Chair. There were no further nominations. All ayes. Secretary/Treasurer: Williams nominated Peterson for Secretary /Treasurer. There were no further nominations. All ayes. CONSENT AGENDA 6. Approve Minutes from October 26, 2010 and Special meeting of December 13, 2010. 7. Approve Financial Report and Payment of Bills for October, November, and December 2010 on Resolution 2011 -01. 8. RESOLUTION 2011 -02, Designating Signatories Questions from members: Nawrocki questioned payments made to Laura Sheak in November and December. Lisa told members the payments were to reimburse Laura for lodging expenses she paid for a resident who had to stay somewhere else while repairs were made to his unit due to a fire. Schmitt asked if there was a dollar amount limit for signers on checks that are issued. Clark explained that funds are usually obligated by the Board prior to checks being issued. This action will authorize who has the ability to sign those checks, and that two signatures are required on each check. Amounts issued between $0- $2,000 can be signed by the management company staff. Those with amounts between $2,000 - $15,000 must be signed by the Executive Director, and any checks issued in excess of $15,000 must have Board approval. Motion by Peterson, seconded by Williams, to approve the consent agenda items as listed and to adopt Resolution 2011 -01, Resolution of the Columbia Heights Housing and Redevelopment 61 HRA Minutes 1 January 25, 2011 Authority (HRA) approving the Financial Statement and Payment of Bills for the months of October, November, and December 2010,and to adopt Resolution 2011 -02, a Resolution Designating Depository for the Columbia Heights Housing and Redevelopment Authority (HRA). All Ayes. MOTION PASSED. HRA RESOLUTION 2011 -01 RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT AUTHORITY (HRA) APPROVING THE FINANCIAL STATEMENT FOR OCTOBER NOVEMBER, AND DECEMBER OF 2010 . AND PAYMENT OF BILLS FOR THE MONTHS OF OCTOBER, NOVEMBER, AND DECEMBER 2010. WHEREAS, the Columbia Heights Housing and Redevelopment Authority (HRA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the HRA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the HRA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the months of October, November and December of 2010 and the list of bills for the months October, November and December 2010 are attached hereto and made a part of this resolution; and WHEREAS, the HRA has examined the financial statement and the list of bills and finds them to be acceptable as Lo both form and accuracy. NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Housing & Redevelopment Authority that it has examined the attached financial statements and list of bills, which are attached hereto and made a part hereof, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the list of bills as presented in writing are approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent records of the Columbia Heights Housing & Redevelopment Authority. RESOLUTION NO. 2011-02 RESOLUTION DESIGNATING DEPOSITORY FOR THE COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA) WHEREAS, the City of Columbia Heights Housing and Redevelopment Authority (herein referred to as the "Corporation ") has entered into a Management Contract with Commonbond Housing (herein referred to as "Management Company "), dated January 23, 2008, and amended on November 9, 2009 and WHEREAS, by Minnesota Statutes the Corporation must establish a depository agency, and WHEREAS, the Corporation desires to have as authorized signatures both officers of the Corporation and the Management Company. IT IS HEREBY RESOLVED, that Northeast Bank, is hereby designated as a depository of the funds of this corporation. 62 HRA Minutes 1 January 25, 2011 IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on deposit with said bank shall be signed by at least two of the following: HRA Executive Director Management Company CEO Management Senior Vice President Management Director of Administration And that said bank is hereby fully authorized to pay and charge to the account of this Corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that the Northeast Bank, is designated depository of the Corporation and it is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this Corporation's name, including those drawn to the individual order of any person or person whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of at least two of the following: Management Company CEO Management Company Senior Vice President Management Company Director of Administration And that Northeast Bank shall be entitled to honor and to charge this Corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature resembles the facsimile specimens duly certified to or filed with the Bank by the City Clerk or other officer of this Corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the Corporation and certified to as governing the operation of the Corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions. if any relating to deposits, withdrawals, re- discounts and borrowings by or on behalf of this Corporation with said bank prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of Minnesota may be used as depositories for investment purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes, BE IT FURTHER RESOLVED, that any brokerage fine located in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. Passed this 25th day of January, 2011 BUSINESS ITEMS 9. Report of the Management Company Laura asked if there were any questions on the newsletter items or on the maintenance reports. Lisa introduced Laura Frost who will be taking Lisa's place as the CommonBond representative overseeing Parkview Villa. A. Discussion on Architectural Bids 63 HRA Minutes January 25, 2011 Lisa explained to the members that the second floor will be remodeled as planned during 2011. She told members that they are required by HUD to have an Architect oversee the project and sign off on all the documentation. BWBR has been the Architectural firm used for the remodeling of floors 3 -9. The second floor work will be standard remodeling similar to what has been done on the other floors. She told members that the plans used on the previous floors are ours to use to some extent, but not wholly. Some of the templates and data reports are theirs, and would not be shared to obtain other bids. BWBR is familiar with the building and the process that must be followed. They know what data must be supplied to satisfy HUD's requirements. BWBR staff have been good to work with, have obtained low cost bids, and have made sure the project is done in a timely manner. She has had conversations with them informing them that the Board is looking to keep the Architectural /Project Managing costs as low as possible, and that the Board is considering obtaining other bids. However, Lisa does feel it would save time and be more cost effective to continue using BWBR for the second floor remodeling. She explained that it would take a great deal of staff time to prepare a bid packet, obtain the bids, and get the project underway in a timely fashion. Lisa said it would delay the project by at least three months. If we proceed with BWBR (depending on their price), work could begin by April. Lisa assured members that they have project managers on staff that would research architectural pricing to ensure that BWBR is in line with other firms. Nawrocki stated that he thinks it should go through the bidding process since we won't really know we are getting the best price unless we do so. He also thinks BWBR will submit a more competitive bid if they niwvJ it is being bid out. Lisa did state that it would be prudent to get new bids for the next phase which would be the remodeling of floor one. This floor will require a completely different set of plans and would encompass the community rooms and kitchen /dining areas, as well as some of the handicapped apartments. Lisa was asked if she had received a price from BWBR yet for the second floor project. She stated that she had not, but will have a conversation with them to get one. She told members that they charged between $9,000 - $11,000 per floor last year, which was a price reduction from previous years, since two floors were being done at the same time. Peterson, Diehm, and Fehst all expressed the opinion that if the price came in at, or below, the price paid per floor last year to have staff move forward using the same Architect. If BWBR raises the price, then it needs to come back to the Board. They also felt that BWBR would probably be the most cost effective option since they don't have to start from scratch and . won't have to spend time researching the HUD requirements as other firms would have to do. 10. Resident Council Minutes Ron Houle, the new Resident Council President -Unit #424- reviewed the Resident Council minutes and Treasurer's Report. 11. Citizen Forum Ron Houle reported that they had another break -in in Room A that involved the vending machines. He asked if security cameras could be obtained for both Room A and Room B. 64 HRA Minutes 15 January 25, 2011 Laura said the cameras would cost about $1,000 each and could be tied into the system with the outside cameras. Nawrocki asked who owned the machines? He felt the vendor should be responsible for part of the cost to protect his machines and the funds in them. It was noted that the Resident Council receives about $90 /month in revenue from the machines. Ken Block said there are straps that can be used to secure the machines so they can't be tipped over or shaken. No action was taken at this time. The repair of the closet doors was discussed again. They are still in need of repair and the residents reminded the Mayor that he was going to take a look at them. There are two in the community room and one in the hallway. Lyn Miner -Unit #202 - thanked Laura, Jenny, and HRA Board for their help during 2010 while she the Resident Council President. Mike Farmer -Unit #307 -Asked about getting a part time social worker. He said some of the residents could use help to stay living independently, and thought this would be a helpful service. Lisa said that CommonBond supports this and they believe in providing their residents with comfortable, safe housing and personal services as needed. These services are available, but would take an amendment to the contract to initiate. Cynthia -Unit #507- thanked everyone for their help and support during her recent hospital stay and recovery. Resident from Unit #408 -also thanked residents for their support during her three hospital stays. Jackie Ovshak -unit #707 -Asked if the Resident Council really gets $90 from the vending machines? She said they get $90 /month from the VFW, and thought that amount was being confused with the vending machine money. Jenny assured them that the vending machine proceeds did amount to $90 /month also. Reed Hanson -unit #325 -Asked if the Resident Handbook was done yet? Laura said they were not working on the entire handbook. They recently did an addendum to the lease and the By- Laws were also changed. But the handbook itself was not re -done. Laura explained that only the Board can change the handbook. It cannot be changed by the management company or by the residents. He questioned whether the dress code is part of the handbook? Laura said that HUD won't allow one. Rita Nelson -unit #510 -Some residents have been offended by those that run around halls in robes and pajamas. 12. Discussion on HRA Commissioner Vacancy Clark explained that Commission Member Ecklund's term as an HRA Commissioner has expired therefore a new resident must be appointed to the FIRA. According to the 1 -IRA bylaws Article 11 Section 2 Number, Qualification and Term of Office '`... In accordance with Minnesota Statutes, 65 HRA Minutes 16 January 25, 201 1 Section 469.003, subdivision 5, at least one Commissioner shall be a "resident board member" as defined in Code of Federal Regulations, title 24, part 974 (HUD Regulations). Any Commissioner who is a City Council member shall serve a term equal to the Commissioner's City Council term. All other Commissioners shall serve a term of five years." The HRA discussed the process in which to appoint a new resident board member as they would like to have someone appointed to the Board by April. Staff passed out applications for the Board members to review. It was decided that the full Board would be involved in the interview process. Schmitt thought it would be beneficial to have staff prepare the questions to ensure uniformity and legality of the interview questions. Willie -Unit #420- asked if residents from both the north and south building could apply. Staff will research, but encouraged parties from both buildings to apply for now. Ken Block -Unit #3 1 5-asked the Chair to review the responsibilities of this position. Diehm stated that the member will be expected to follow State Statutes and the HRA By -Laws, attend meetings, read the agenda and come to meetings prepared, and act as a liaison of the residents of a HRA /HUD run building. They would also be encouraged to attend Resident Council meetings. Diehm suggested they take applications until 8 am February 16` The applications will be submitted to the Commission members by the end of February, and interviews will be scheduled during March so the appointment could be made prior to the April meeting. lvlotion by Nawrocki, seconded by Williams, to follow the schedule suggested by Di'eli!fl to take applications for the vacant Board position. All ayes. MOTION PASSED. OTHER BUSINESS Nawrocki stated he had received phone calls regarding the rent differential in the south building. He said there is a resident that is bragging about the fact that they pay a lower amount than everyone else. He feels this should be addressed and corrected somehow to make the rents more consistent. Clark said this item is already on the April agenda. At the October 26, 2010 HRA meeting the HRA directed staff to review the history of an alcohol policy and any HUD regulations and report back to the Board to see if a policy needs to be drafted. History of Alcohol Policy The current "Tenant Handbook and House Rules" does not address alcohol use. The current lease for all tenants states "Tenant, members of tenant's household, guests or other person's under tenant's control shall not: c. Engage in any abuse or pattern of abuse of alcohol that may interfere with the health, safety, or right of peaceful enjoyment by other residents, neighbors or Management personnel." According to HUD Section 9.1 Lease Termination and Eviction "A PHA may terminate a tenancy if the PHA determines that a household member has engaged in abuse or pattern of abuse of alcohol that threatens the health, safety or right to peaceful enjoyment of the premises by other residents." 66 HRA Minutes (7 January 25, 2011 The only other document mentioning alcohol use is the Community Room Agreement & Poli ^9.N7 alcohol or srnoking is allowed in any common area ofthe building" Management and staff are in agreement that the lease addresses the alcohol issue brought up at the last HRA meeting; therefore a separate policy does not have to be drafted. It was noted that alcohol use outside the building is not specifically addressed, but would fall under the lease agreement that covers the behavior associated with alcohol use. The next regular HRA meeting is tentatively scheduled forApri! 26, 2011 o1pu,kvicvvVilla. Clark explained the Commission would be moving into an executive Session. He explained the legal procedure that must be followed during this meeting to the members before adjourning to the session. Move to Executi pm-To Avenue NE. The Executive Session and Regular meeting were adjourned at 9:15 pm. Respectfully Submitted. Shelley Hanson Recording Secretary 67 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING JANUARY 4, 2011 7:00 PM The meeting was called to order at 7:00 pm by Chair - Marlaine Szurek. Commission Members present- Thompson, Peterson, and Szurek. Members Absent: Fiorendino It was noted that Donna Schmitt resigned from the Commission since she was elected to the City Council. Also present were Council Liaison Gary Peterson, Jeff Sargent (City Planner), and Shelley Hanson (Secretary). Motion by Thompson, seconded by Peterson, to approve the minutes from the meeting of October 5, 2010. All ayes. MOTION PASSED, PUBLIC HEARINGS CASE NUMBER: 2011 -0101 APPLICANT: Matthew Long LOCATION: 4849 Central Avenue NE REQUEST: Site Plan Approval for Second Monument Sign INTRODUCTION Sargent stated that Savers is requesting a Site Plan Approval in order to locate a second freestanding monument sign on their property. Currently, Savers utilizes a freestanding pylon sign adjacent to Central Avenue near the main entrance. On May 4, 2010, The Planning Commission approved a Site Plan for the construction of a new loading dock and a square foot area variance for signage on the building. Savers also expanded into the vacant end unit of the building and moved their primary entrance closer to Central Avenue. The construction of the loading dock and expansion into the remainder of the building was concurrent with the construction of the new pedestrian bridge at the intersection of 49` Avenue and Central Avenue. Savers would like to install a second freestanding monument sign at this intersection to help regain visibility to the building that they felt was lost due to the construction of the bridge. The requirement for a Site Plan approval is necessary because this property is located within the Design Overlay Highway District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities. One of the goals of the Comprehensive Plan is to provide opportunities and mechanisms for successful redevelopment of targeted areas within the community, by enhancing the image and viability of the Central Avenue corridor. One way to accomplish this goal is for the businesses along Central Avenue to conform to the Design Guidelines for commercial- related activity. The proposed site plan meets the intent of the Comprehensive Plan. ZONING ORDINANCE The property is located in the GB, General Business, as are the properties to the south. The properties to the east are zoned residential and MXD, Mixed Use Development. The properties to the north are zoned commercial and residential, and the properties to the west are located in the City of Hilltop. The subject parcel is also located within the Design Overlay Highway District, and is subject the regulations for such properties. 68 Planning and Zoning Commission minutes Page 12 January 4, 2011 MONUMENT SIGNS. The GB, General Business District allows for a second freestanding monument sign if the following conditions are met: 1. The building contains more than 80,000 square feet of gross floor area or the site on which the building is located contains more than 90,000 square feet of surface area; Although the building is only about 34,000 square feet in area, the site on which the building is located is 3.25 acres (141,570 square feet in area). 2. The street frontage of the site on which the building or structure is located exceeds 150 feet in length, and; The street frontage along Central Avenue is approximately 350 feet. 3. The building is located 20 feet or more from the front lot line and is located adjacent to a state trunk highway. The building is located approximately 50 feet from the property line along Central Avenue. Central Avenue is a state highway. Because these conditions are met, the second freestanding monument sign is permitted, but can be no more than eight (8) feet in height, no more than 40 square feet per side, and must be located at least five (5) feet from all property lines and no closer than fifty (50) feet from any other freestanding sign on the property. The proposed plans indicate that the sign will be approximately 6.5 feet in height, 40 square feet in area, and initially was going to be located 5 feet from the north and west property lines. The proposed location of the sign will be approximately 180 feet from the existing pylon sign along Central Avenue. Sargent told members the location of the 2 sign has changed based on a recommendation from our Public Works Director. He passed out a drawing depicting the change in location. He said the original proposal placed the sign in the 30 -foot utility easement which is used by several utilities and includes a gas main. The company has agreed to re- locate the new sign at least five feet from that easement area. He noted that the Resolution had also been amended to add the conditions necessary to accommodate this change. DESIGN GUIDELINES The Columbia Heights Design Guidelines were created to guide developers and businesses in the design of expansions, renovations or new construction of buildings or parking within the Central Avenue and 40 Avenue commercial corridors, and to assist City officials and staff in reviewing development proposals. The guidelines are mandatory, but the City may permit alternative approaches that meet the objectives of the design guidelines. The design district that is applied to the Savers store is the Highway District. FREESTANDING SIGNAGE. The Design Guidelines permit monument freestanding signage only. Such signage may not be internally lit and must be architecturally compatible with the principal structure. The proposed sign utilizes a masonry base that matches the building and will not be internally lit. For these reasons, the proposed sign meets the Design Guideline specifications. FINDINGS OF FACT Site Plan Approval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The proposed site plan meets all the Design Guidelines standards for building materials and illumination for freestanding monument signs. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 69 Planning and Zoning Commission minutes Page 13 January 4, 2011 The proposed site plan is consistent with the Comprehensive Plan in that the proposal will upgrade an existing commercial business and will enhance the image and viability of the Central Avenue corridor, 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. The proposed site plan involves the construction of a second monument sign, which will be located near the intersection of 49` Avenue and Central Avenue. The city anticipates that there will be no adverse impact on the property in the immediate vicinity and the public right -of -way. Staff recommends approval of the proposed site plan, as it is consistent with the Comprehensive Plan and the Design Guidelines with the following conditions: 1. All application materials, maps, drawings, and descriptive information shall become part of the perm it. 2. The monument sign shall be located no closer than five (5) feet from the utility easement along Central Avenue, as depicted in the approved site plan. Questions by members: Szurek asked how tall the existing Pylon Sign was. Sargent said he estimates it is about 20 feet high, and that it is grandfathered in. He noted the new sign will be a monument style and will be about 6 % ft high and meets the current guidelines. Peterson thought the intersection is already cluttered enough with the new bridge and tr lights. He doesn't feel the new sign will be that visible from Central Avenue traffic, so wonders why they would go through the expense of installing one. He thought it would be a better location if it were constructed further east on 49 Avenue. Sargent stated it isn't the Commission's job to pick the location of the signage- -that is up to the individual business, as long as it meets the requirements. If the members have an issue with aesthetics for the City overall, then the Commission may need to consider a change in the Ordinance to change the requirements to address those concerns. He reminded members that they cannot make their decisions based on what they would like, but rather what is allowed under the present code. Thompson agreed that he thought the additional signage would be a wasted expense, but that cannot be the Commission's decision. Peterson said he was comfortable allowing the sign since it will not be lit and won't be that visible. He, too, understands it meets the requirements, and is therefore allowed, and that it is up to the company to decide whether it is advantageous to install or not. Public Hearing Opened. No one was present to speak on this issue. Public Hearing Closed. Motion by Thompson, seconded by Peterson, to waive the reading of Resolution No. 2011 -PZ01, there being ample copies available to the public. All ayes. MOTION PASSED. 70 Planning and Zoning Commission minutes Page l4 January 4, 2011 Motion by Thompson, seconded by Peterson, to adopt Resolution No. 2011 -PZ01, being a resolution approving a site plan for the construction of a second freestanding monument sign for the building located at 4849 Central Avenue, with the conditions attached. All ayes. MOTION PASSED. RESOLUTION NO. 2011-PZ01 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A SECOND MONUMENT SIGN FOR THE SAVERS STORE LOCATED AT 4849 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2011 -0101) has been submitted by Matthew Long, to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4849 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a second monument sign for the building located at 4849 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on January 4, 2011; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of- way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information shall become part of the permit. 2. The monument sign shall be located no closer than five (5) feet from the utility easement along Central Avenue, as depicted in the approved site plan. CASE NUMBER: 2011 -0102 APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment Pertaining to Driveways Szurek stated that she had had conversations with Thompson regarding this matter and they would like to see this issue tabled until spring when some examples could be viewed. 71 Planning and Zoning Commission minutes Page 15 January 4, 2011 Sargent told the members this amendment to the Ordinance is one of many that staff will be bringing before the Commission in an attempt to clarify and update our City Code because the language used was unclear in several areas. BACKGROUND Sargent stated that Staff is proposing this ordinance change that would effect the setback and location requirements for residential driveways. After reviewing the Zoning Code, staff feels that the current language pertaining to setbacks should be amended to better reflect today's housing standards and uses of residential properties. As part of this process, staff will also look into the possibility of requiring a building permit for the construction or reconstruction of future driveways. The justification is to enable staff to determine whether the placement of driveways on residential properties meets the minimum setback requirements, as well as allowing staff to better monitor the impervious surface area calculations for those properties located in the Shoreland Overlay Districts. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and reinvest in the housing stock to protect values and investment in the city. The proposed ordinance amendment would allow residents to have greater flexibility in the placement of driveways on their lots, which would give opportunity to reinvest in their homes. ZONING ORDINANCE Thc proposed amendments made to the Zoning Ordinance would include language regarding the setbacks and locations of residential driveways within the city. The proposed changes include: 1. Residential lots platted prior to the effective date of this Code and having a lot width of sixty (60) feet or less, shall maintain a minimum side yard setback of one (1) foot in all districts. 2. Residential lots platted after the effective date of this Code or having a lot width greater than sixty (60) feet shall maintain a minimum side yard setback of three (3) feet in all districts. 3. The creation of a joint driveway use between neighboring property owners shall require a Conditional Use Permit. 4. Driveways may only lead directly to, or be contiguous to driveways leading to, an attached or detached garage. 5. In all zoning districts, driveways shall be no less than twelve (12) feet in width. Sargent told members this change would actually make it easier for residents who have the small lots, since the current setback is three (3) feet, and would be changing to one (1) foot for those properties. He also stated that by issuing a permit, staff would be checking to make sure residents aren't encroaching onto neighboring properties. Currently, we have no way to prevent that from happening. Sargent stated this will only affect new driveways or expansions of existing driveways. Staff will not make residents remove what currently is in place. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and reinvest in the housing stock to protect values and investment in the city. The proposed ordinance amendment would allow 72 Planning and Zoning Commission minutes Page 16 January 4, 2011 . residents to have greater flexibility in the placement of driveways on their lots, which would give opportunity to reinvest in their homes. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would be effective for all residential properties within the city. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. Not applicable. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. Not applicable. Staff recommends approval of the proposed Zoning Amendment. Questions from members: Thompson again stated he will vote no on this. He wants to wait until spring so the Commission can better visualize what the change may mean. Sargent again reminded the members this would only affect new driveways, not existing. Peterson said he had 110 probleI1I with the proposed change. Szurek said she had concern that this would prohibit parking pads and some residents need them to meet the off street parking requirement. Sargent said the current ordinance states that driveways are only allowed that lead to a garage, but without the permitting process, there is no way to regulate placement of parking surfaces. He also said this change would relocate the language in the Ordinance to make it easier to access all the information. As stated before, this would enable staff to check for drainage issues, setbacks (that will be less restrictive), lot coverage, and iinpervious surface area in the shoreline districts. Gary Peterson stated he doesn't object to the permitting process, but doesn't feel staff should inspect or approve the actual work as he worries about residents thinking that guarantees the surface will last for "X" amount of years just because it was inspected. He said there are many factors that can affect a driveway surface such as the concrete mix itself, lack of proper sealing and maintenance, settling or shifting of the ground under the driveway, etc. The idea to make it a zoning permit rather than a building permit was discussed. Public Hearing Opened. Mark Roskop who lives at 4151 Stinson Blvd said he opposes the change. He said it is just another example of more government involvement where there shouldn't be any. He said staff is making more work, for no reason. Roskop also told members to call it what it is, another tax. Sargent explained that only the language clarification is being decided tonight. The actual permitting process and amount of the fee is not being decided at this tine. Public Hearing Closed. 73 Planning and Zoning Commission minutes Page l7 January 4, 2011 Motion by Peterson, seconded by Szurek, that the Planning Commission recommends that the City Council approve the proposed zoning amendment. Peterson and Szurek — aye and Thompson — nay. MOTION PASSED. The following is a draft of the Ordinance that will go to the City Council for consideration. DRAFT ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO DRIVEWAYS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (L) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (L) Off - street parking and loading. (7) Design and maintenance of parking facilities. Off - street parking facilities are subject to the following design and maintenance requirements: (g) Setbacks. Except for one -, two -, three- and four family residential uses, parking lots and loading areas shall be subject to the same setbacks as a structure for the district in which such parking is located. One -, two -, three- and four family residential uses are subject to the following setback requirements: 1. Residential lots platted prior to the effective date of this Code and having a lot width of sixty (60) feet or less, shall maintain a minimum side yard setback of one (1) foot in all districts 2. Residential lots platted after the effective date of this Code or having a lot width greater than sixty (60) feet shall maintain a minimum side yard setback of three (3) feet in all districts. 3. The creation of a joint driveway use between adjoining property owners shall require a Conditional Use Permit (h) Residential driveway locations. Driveways may only lead directly to, or be contiguous to driveways leading to, an attached or detached garage. (i) Minimum driveway widths. In all zoning districts, driveways shall be no less than twelve (12) feet in width. Chapter 9, Article I, Section 9.109 (E)(3)(g) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (E) R -1, Single Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R- 1, Single - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (g) Joint driveway use between adjoining property owners. Chapter 9, Article i, Section 9.109 (F)(3)(j) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (F) R -2A and R -2B, Two - Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R- 2A and R -2B, Two - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (j) Joint driveway use between adjoining property owners. Chapter 9, Article 1, Section 9.109 (G)(3)(o) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (G) R -3, Limited Multiple - Family Residential District. 74 Planning and Zoning Commission minutes Page 18 January 4, 2011 (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R- 3, Limited Multiple- Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (o) Joint driveway use between adjoining property owners. Chapter 9, Article I, Section 9.109 (H)(3)(q) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (H) R -4, Multiple- Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R- 4, Multiple- Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (q) Joint driveway use between adjoining property owners. CASE NUMBER: 2011 -0103 APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment Pertaining to Fence Regulations BACKGROUND Currently, city regulations pertaining to fences are located in two separate sections of the City Code. The first location is at Chapter 6, Article IV of the Municipal Code, which deals with building and construction standards. The second Ineatinn is at Chapter 9, Article 1, w hich is the Inning Code Cta ff fePlc that these two sections should be combined and located in one area of the City Code in order to make it easier for the general public to gather the necessary information when constructing a fence. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and reinvest in the housing stock to protect values and investment in the city. The proposed ordinance amendment would make it easier for the general public to gather the necessary information when constructing a fence. ZONING ORDINANCE The following outlines the key aspects of the proposed ordinance change: 1. Chapter 6, Article IV of the Municipal Code would be deleted in its entirety. 1. The construction standards from Chapter 6, Article IV of the Municipal Code will be transferred to the Zoning Code. 2. Residential fences greater than six (6) feet in height will require a Conditional Use Permit. 3. Non - residential fences greater than seven (7) feet in height shall require a Conditional use Permit. 4. Barbed wire fences will still be allowed in the industrial district, but will now require a Conditional Use Permit. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and reinvest in the housing stock to protect values and investment in the city. The proposed ordinance amendment would make it easier for the general public to gather the necessary information when constructing a fence. 75 Planning and Zoning Commission minutes Page 19 January 4, 2011 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. Staff recommends approval of the proposed Zoning Amendment. Questions from members: Szurek stated that the amendment makes sense. Peterson asked about the difference in height requirements for residential fences versus commercial fences. He wondered if it was standard in other communities. Sargent stated that it was. Public Hearing Opened. No one was present to speak on this issue. Public Hearing Closed. Motion by Thompson, seconded by Peterson, that the Planning Commission recommends that the City Council approve the proposed zoning amendment. All Ayes. MOTION PASSED. The following draft Ordinance will go before the City Council for consideration. DRAFT ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO FENCES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 6, Article IV, of the Columbia Heights City Code, is proposed to include the following additions and deletions: 1 1• • 1 . • (A) No person, firer, partnership or corporation shall construct, or cause to be constructed, or erected within ation prior to issuance of a permit. (B) For purposes of this section, the folio t'ing words shall have the meaning ascribed to them: permanent nature. FRONT YARD. Iny 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 the opposite side of the fence. • , ' . • - . - E ig Official setting forth the type offence proposed, (D) All boundary line fences shall be located entirely upon the private property of the person, firm or 76 Planning and Zoning Commission minutes Page 110 January 4, 2011 "- -* a fence may be erected on the division line of the respective properties. In the case of a property line dispute, the Building Official may require thc owner of the property upon which a fence now exists to cause to establish a boundary line of his property by survey thereof to be madc by a registered land surveyor. Thc Building Official may similarly require any applicant for a fence permit to obtain a similar survey. However, the Building Official shall not become an arbitrator of boundary disputes between prilate persons. a • ' I • .• (A) Fences, free standing walls, and retaining walls shall be constructed in a substantial and workmanlike - :" '• - :•: :* '; ;• , ••• : • ; • ": - *: . • -: " purpose for which the fence, free standing wall or retaining wall is proposed to be used No previously use, materials such as old bard boards or railroad ties may be used in any fence, freestanding wall or retaining wall within the city. Milth7111m standards for construction of fences, freestanding walls and retaining walls shall be prescribed hereinafter. (B) All fences shall be constructed of the following approved fencing materials: .• -•: • - • , with knuckles up and cut edge down. (2) Approved vinyl fencing materials. (3) Treated wood or wood of natural materials resistant to decay. - - - : " ; 4:: •• . (D) 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. c 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 (1) The retaining wall or freestanding wall shall be constructed in a manner that presents a finished appcc.7 to thc adjoi;th7, walls, terracing may not be used as a device to exceed the height limitations of this chapter. In the case of terraced , - "-: -• • ; - " .1" " • :.•! S. (A) (1) Barbed wire fences shall not be permitted, used or constructed except in industrial districts and upon property used for public purposes. (2) Every fence so constructed under this section and any fence existing at the time of the passage of this - •:": :" .*- -- • : : :* ":- : "::• : ." : : - " :*- •- condition of disrepair or dangerous. (3) Any property owner who receives notice from the Building Official that his fence is in a state of e.•:".. : — • : " - :*-- :". -:-:• by the Building Official. —• : privacy fence may be constructed only within property lines and shall not - : • : ; • • ; - - - • : ; -; • : ; - e- •-: - •.- e-: •". - ' • ' - : 11012 plan for the fence location must be approved by thc Building - • -. 4 ? ; — - • • ; fermit is issued. : :• •:- • -: •".• II: '; • - : •• : : : -•-:: - - - -; •-• : •• •• : : ::::-: ::: ------------ -. - : • -; : : • -• • — • - on a corner lot in accordance with his personal observations and findings relating to visibility. 77 Planning and Zoning Commission minutes Page 11 January 4, 2011 {I)) Fences for special purposes and fences differing in construction, height or length may be permitted in any ; ; • .1. • • : : : • " • :::•• • • • : • : : ; •: ; " , : •:• : •.; ;" .;:• : abutting properties of such applicant with proof of service . filled with the Planning and Zoning C011111iiSSi017. Such 0 • , • * : : " : •: , ". *: •: fence thereby permitted. • # • ' • .. (A) 111 residential districts, no fence more than seven feet in hcig : - : — :• :* - - •:-: -" : •-- •-• - ; • : : " ;": : : " fi-on2 said alley or street boundary line. (B) The use offences in commercial districts is subject to the following conditions: (1) If the applicant can prove to the satisfaction of thc Council that a . fence for security reasons is "- • - : - • - : . - : • : : - : •: • - • eh fence exceeding 7 feet in height is constructed with a setback from the front property line of 20 feet. {2) Fences erected along a property line in common with any residential district shall be subject to located 20 feet from thc adjoining residential property line. (3) Fences ice. , , y districts shall be subject to the {C) The use offences in industrial districts is subject to the following conditions: {1) Fences located 20 feet li-om the adjoining residential property line. establishment. (3) ; : - : - • - ": - • : - : . - - - : , - - 2:: -' : : - • - eity, Chapter 9, Article 1, Section 9.106 (D) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9306 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. 0 All fences shall bc constructed of durable, weather treated and rustproofcd materials. 0 Fences, freestanding walls, and retaining walls shall be constructed in a substantial and workmanlike manner to 78 Planning and Zoning Commission minutes Page 112 January 4, 2011 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 111/2 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. {g9 (h) All fences shall be maintained and kept in good condition. {kr} (1) 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. Q) 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. { r} (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. {19 (d) A fence extending across or into the required front yard setback shall not exceed 42 inches (3.5 feet) in height; however, fences that are less than 50% opaque may be up to 48 inches (4 feet) in height. (c) Fences exceeding six (6) feet in height shall require a building permit from the city. (6) Non - residential fences. The following standards shall apply to all fences constructed in any commercial or industrial zoning district: (a) No fence shall exceed eight (8) feet in height. Fences exceeding seven (7) feet in height shall be deemed structures and shall require a Conditional Use Permit. (b) A fence extending across or into the required front yard setback shall not exceed four feet in height.; however, fences that are less than 50% opaque my be up to 18 inches (l 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. 79 Planning and Zoning Commission minutes Page 113 January 4, 2011 Chapter 9, Article I, Section 9.109 (E)(3)(h) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (E) R -1, Single Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -1, Single - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (h) Fences greater than six (6) feet in height. Chapter 9, Article 1, Section 9.109 (F)(3)(k) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (F) R -2A and R -2B, Two - Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -2A and R -2B, Two - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104. Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (k) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.109 (G)(3)(p) of the Columbia Heights City Code, is proposed to include the following additions and deletions. 9.109 RF.S NTi&L iISTRICTS. (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 1, Section 9.109 (H)(3)(r) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (H) R -4, Multiple- Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -4, Multiple- Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (r) Fences greater than six (6) feet in height. Chapter 9, Article 1, Section 9.110 (D)(3)(t) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.110 COMMERCIAL DISTRICTS. (D) LB, Limited Business District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (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. 80 Planning and Zoning Commission minutes Page 114 January 4, 2011 § 9.110 COMMERCIAL DISTRICTS. (E) GB, General Business District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (s) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.110 (F)(3)(h) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.110 COMMERCIAL DISTRICTS. (E) CBD, Central Business District. (4) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (h) Fences greater than six (6) feet in height. Chapter 9, Article 1, Section 9.111 (D)(3)(i) and (j) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.111 INDUSTRIAL DISTRICTS. (D) 1 -1, Light Industrial District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the 1 -1, Light Industrial District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, the regulations for specific uses and LIIC r IC�'UIQLWIIJ LW J1JCGl1[l' L15CS JCt forth in § 9.1 07, Specific Development Standards: (i) Fences greater than seven (7) feet in height. (j) Barbed wire fences. Chapter 9, Article I, Section 9.1 1 1 (E)(3)(i) and (j) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.111 INDUSTRIAL DISTRICTS. (E) 1 -1, Light Industrial District. (3) Conditional uses. Except as specifically limited herein. the following uses may be allowed in the 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: (1) Fences greater than seven (7) feet in height. (j) Barbed wire fences. NEW BUSINESS Sargent stated we are operating one member short. The vacancy is advertised on the website. He said a new Vice -Chair will need to be appointed once the vacancy is filled. Sargent noted the tentative 2011 schedule was included in the agenda packet. Thompson noted that he has an issue with the meetings that have been re- scheduled for Wednesdays in July, August, and September. He feels they could still be held on Tuesdays, regardless of the City Council's schedule. Gary Peterson asked what the members thought about getting a P51 plane for the round -about on Huset Parkway to honor our servicemen. He said the Arts bids submitted thus far are approximately $50,000. He thinks we could get the plane shipped here and construct the base for Tess cost. The members were 81 Planning and Zoning Commission minutes 9uoeB5 January 4, 2011 receptive to the idea. Thompson suggested he contact the Air Force Museum to get additional information for the cost ofthe base and what the general maintenance costs would be. The meeting was adjourned at 8:00 pm. Respectfully submitted, Shelley Hanson Secretary 82 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING APRIL 5, 2011 7:00 PM The meeting was called to order at 7:00 pm by Chair - Marlaine Szurek. Commission Members present- Thompson, Peterson, Fiorendino, and Szurek. Also present were Council Liaison Gary Peterson, Jeff Sargent (City Planner), and Shelley Hanson (Secretary). Motion by Thompson, seconded by Peterson, to approve the minutes from the meeting of January 4, 2011. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2011 -0402 APPLICANT: Aldi, Inc. / Aldi Grocery Store LOCATION: 5025 Central Avenue NE REQUEST: Preliminary Plat Approval, Final Plat Approval, Site Plan Approval INTRODUCTION Aldi, Inc. has submitted an application for three land use requests. They are as follows: 1. A Preliminary Plat approval per Code Section 9.104 (L); 2. A Final Plat approval per Code Section 9.104 (M); 3. And a Site Plan Approval per Code Section 9.104 (N) for the construction of a new 17,886 square foot Aldi Grocery Store with 71 parking stalls located at 5025 Central Avenue. The proposal also includes the demolition of the two buildings located at 5001 Central Avenue (Cafe Donuts) and at 5025 Central Avenue (Crosstown Eatery), and combining the two remaining parcels into one lot through the platting process. COMPREHENSIVE PLAN The Economic Development goals in the Comprehensive Plan include preserving and enhancing the existing viable commercial areas within the community and to provide mechanisms for successful redevelopment of vacant lands and targeted areas within the community. The proposed redevelopment of these properties will remove a previously vacant business while providing an added benefit for the community. For this reason, the proposal is consistent with the Comprehensive Plan. ZONING ORDINANCE The properties located at 5001 and 5025 Central Avenue are zoned GB, General Business, and both properties are also located within the Design Guideline Highway District in Columbia Heights. The properties to the north, south and west are also zoned GB, General Business, and the properties to the east are zoned R -2A and R -2B, One and Two Family Residential. The proposed use of this property as a grocery store is a permitted use in the GB, General Business District. SITE PLAN PARKING. By Code, grocery stores require 1 parking stall for each 300 square feet of retail space within the building. The proposed Aldi building will be 17,886 square feet, requiring 60 parking stalls. The site plan indicates that there will be 71 parking stalls on site. The required parking stall setbacks are 15 feet in 83 Planning & Zoning Commission minutes Page 12 April 5, 2011 the front, and 5 feet in the side and rear. All parking stalls on the proposed site plan meet the setback requirements. TRAFFIC CIRCULATION. Currently, the Cafe Donuts and Crosstown Eatery restaurants utilize 5 access points into the two properties. This causes some traffic concerns and possible negative diversions. The proposed plan eliminates two of the access points, ensuring a safer traffic environment. City Staff has required that the plat include a 10 -foot street easement on the south side of the property for a future right - turn lane for traffic turning right onto Central Avenue from 50` Avenue. Staff feels that the addition of a turn lane at this location in the future will also ease traffic concerns in the area. LANDSCAPING. The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street frontage or fraction thereof. Parking areas shall have a minimum of one over -story tree for each 20 spaces or fraction thereof as well. The proposed Aldi property has approximately 700 feet of street frontage, and incorporates 71 parking spaces. This requires 18 trees, 4 of which shall be over -story trees. The proposed plan indicates a total of 22 trees, all of which are over -story trees, meeting the City's minimum requirements. Included in the landscape plan for the project will be 160 shrubs. The applicant will also install a wrought iron fence, along with a row of shrubs along the front of the property to help screen the parking lot. SIGNAGE. Of the 200 square feet of signage that the building may have, the proposed site plan indicates that the building will utilize only 105 square feet. The building will have the logo on two sides of the building, attached to the entrance tower and will also have channel- letter signage stating "Food Market ". The proposed monument sign will be internally lit and will be located no closer than 5 feet from the property lines on the southwest corner of the property, close to the intersection of 50 Avenue and Central Avenue. UTILITIES. The proposed Aldi site will utilize the existing public utilities for sanitary sewer and water service, both of which are currently located within the Aldi property along the north side of the site. The grocery store will require the construction of a 6" water service coming from the existing water main. A 1%2" water service will also be extended to the building. The site will also require the construction of a 6" sanitary sewer service coming from the existing 8' sanitary sewer line on the north side of the site parallel with the water main. The sewer line had adequate depth and capacity to serve the Aldi facility. STORMWATER MANAGEMENT. The current site is fully developed, and the redevelopment for the Aldi project will actually decrease the amount of impervious surface area on the site from 1.49 acres to 1.40 acres. The City's stormwater management criteria require that stormwater management be provided for this project. Therefore, an underground stormwater retention system will be constructed in conjunction with this project and will provide the necessary stormwater management to meet both the City of Columbia Heights and the Minnesota Pollution Control Agency requirements. The proposed system will adequately reduce the peak stormwater discharge from the site for both stormwater rate and volume for all design storm events, including providing infiltration practices meeting the applicable requirements. PARK DEDICATION FEE. The proposed preliminary and final plat approvals involve the combination of two previously platted properties. For this reason, no Park Dedication Fee will be required. DESIGN GUIDELINES. The project is located at 4045 Central Avenue, which is also located within the Design Overlay Highway District. Properties located in this district are subject to design guidelines when discussing the placement of the building on the lot, the height of the building, architectural details of the building, and signage. 84 Planning & Zoning Commission minutes Page 13 April 5, 2011 The design guidelines build on and complement recently completed streetscape improvements to the Central Avenue business district. They were developed by consultants, and a Citizen Task Force with representatives from the City Council, Planning Commission, area business owners and landowners, and interested citizens, and are mandatory. It is assumed that the intent of the guidelines should be met, however, it is understood that there may be alternative ways to achieve the same design objectives. The City may permit alternative approaches that, in its determination, meet the objective(s) of the design guideline(s) equally well. The City may also waive any guideline when specific physical conditions of the site or building would make compliance more difficult or inappropriate. Parking Lot Placement. The Design Guidelines specify that no more than 50% of the parking may be located between the principal structure and the major roadway on which the property is located. The proposed plans indicate that 100% of the parking will be located in front of the building. By combining the two properties and retaining the existing access points off of Central Avenue, there are limitations to where the building could be placed. When attempting the adhere to positive traffic flows, building setbacks, parking stall requirements and access points, the proposed location of the building works the best. The result, however, is that 100% of the parking is located in front of the building. Staff has requested that a wrought iron fence, along with a hedge row, be placed between the parking lot and Central Avenue to help screen this area. Building Height. The height of any new building in the Design Guideline Highway District shall be 22 feet as measured to the rooftop. The proposed Aldi building will have an entrance tower that achieves the 22 -foot height requirement, _ _ _ f [ it ti 1 achicvcs �lic GG - IUUI i�c��1i� 1 CltUll�elllelll, however the remainder of the building is only i i �+ To offset this deficiency, staff requested that more windows be added to the south and west elevations of the building. Aldi has complied with this request, as indicated in the attached site plan materials. Building Materials and Colors. The applicant is proposing to construct the building with precast concrete units, with the main building being brown and the accents being a sandstone color. These building materials and colors are permitted and encouraged in the Design Guidelines. FINDINGS OF FACT Preliminary Plat Section 9.104 (K) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a preliminary plat: 1, The proposed preliminary plat conforms to the requirements of §9.114. The preliminary plat has been reviewed by the City Engineer in regards to the proposed grading and drainage of the property, all utilities, as well as the storm water management on site. The landscape plan and lighting plan have been reviewed and meet the minimum City Code requirements. 2. The proposed subdivision is consistent with the Comprehensive Plan. The Economic Development goals in the Comprehensive Plan include preserving and enhancing the existing viable commercial areas within the community and to provide mechanisms for successful redevelopment of vacant lands and targeted areas within the community. The proposed redevelopment of these properties will remove a previously vacant business while providing an added benefit for the community. For this reason, the proposal 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. 85 Planning & Zoning Commission minutes Page 14 April 5, 2011 The proposed subdivision combines two previously platted properties into one larger property. The proposed location of the building on the property is consistent with good planning practices because the placement will ensure proper and safe traffic flow throughout the development. All site engineering will draw from existing utility services. The City Engineer has reviewed these plans and has indicated that the site engineering is sufficient. Final Plat Section 9.104 (1) of the Columbia Heights zoning code requires that the City Council make each of the following 2 findings before approving a Final Plat: 1. The final plat substantially conforms to the approved preliminary plat. There are no significant changes between the approved Preliminary Plat and the proposed Final Plat, therefbre the final plat conforms to the approved preliminary plat. 2. The Final Plat conforms to the requirements of §9.114. §9.114 is the subdivision ordinance for the City of Columbia Heights. The proposed Final Plat conforms to all the requirements set forth in the subdivision ordinance. Site Plan Section 9.104 (M) of the Columbia Heights zoning code requires that the Planning Commission make each of the following 4 findings before approving a Site Plan: 1. The site plan conforms to all applicable requirements of this article. The site plan conforms to all applicable requirements of this article as they pertain to the building and parking setbacks. The proposed site plan does not need any type of variance, and for this reason conforms to all applicable requirements of the Code. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. This statement is true for the above - stated reasons. 3. The site plan is consistent with any applicable area plan. There are no area plans fbr the project site. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. The site plan will improve the existing conditions relating to traffic flow and congestion. Currently, the Cafe Donuts and Crosstown Eatery restaurants utilize 5 access points into the two properties. This causes some traffic concerns and possible negative diversions. The proposed plan eliminates two of the access points, ensuring a safer traffic environment. As stated previously, City Staff has required that the plat include a 10 foot street easement on the south side of the property for a future right -turn lane for traffic turning right onto Central Avenue from 50 Avenue. Staff feels that the addition of a turn lane at this location in the future will also ease traffic concerns in the area. Staff recommends approval of the Preliminary and Final Plat, and the Site Plan. Questions from members: Peterson asked if the windows on the west side facing Central Avenue would be actual windows. Sargent responded that the two large bottom windows that are being added would be spiral glass that looks like real windows, but you can't see through them. It is what Discount Tire and Taco Bell used on their buildings. Peterson then asked about the lighting and how it would impact the residential properties in the rear of this building. Sargent said there is a 54 foot distance between the building and the property line and that the lighting proposed is well within the foot candles allowed by our Ordinance. He stated that Aldi's plans to have security lighting in the parking lot that will remain on for an hour after closing to ensure the safety of their employees. The security lighting will be turned off after that hour so it will not be intrusive to neighboring properties. Peterson stated he liked tlnaddition of the 10 foot easement for a right turn lane Planning & Zoning Commission minutes Page 15 April 5, 2011 on 50` Avenue. He said the intersection is very congested now and hopes the addition of the extra lane will help alleviate the additional traffic. He asked where the new entrance off 50` would be located. Sargent showed the drawing depicting the location to be just a little further to the east than it is now. Fiorendino asked if the monument sign is also being approved tonight. Sargent said the location of the sign is part of these approvals. Staff will then ensure it meets the rest of the requirements, so this issue will not be coming back to the Planning & Zoning Commission. Fiorendino asked if the rear fence would be screened. Sargent responded that it is not necessary since the parking does not extend up to the property line. He said the 50 foot buffer eliminates the need for any additional screening. Thompson asked who would be responsible for maintaining the underground retention system for the storm water. Sargent said that Public Works inspects these systems annually and the property owners are expected to make any corrections necessary to ensure their performance. Thompson said they sometimes get clogged during construction with debris. He wants to make sure that Public Works inspects this system to make sure it is clean and operational before the Certificate of Occupancy is issued. Szurek asked how big the monument sign would be. Sargent said it can't be more than 40 sq. ft. and the plan states it would be under that amount. Public Hearing Opened: Ted Hanson of 4918 Tyler St. is concerned with the intersection traffic. He said there is traffic confusion there now with all the traffic coming out of Jimmy John's and the adjacent strip mall with the frontage road, as well as the Donut shop and service road in front of that. He also is concerned with the amount of truck and car traffic that use Tyler St. as an alternative now, and that he believes that will only increase. He wants to see improvements made to that intersection and to clearly mark the lanes in conjunction with this new construction. Szurek asked if the City can force the right turn lane to be done as part of the construction process. Sargent said he will have a conversation with Public Works and Aldi's regarding these concerns. Rachel from the 50` and Central area is the mother of a small child. She also is concerned with the traffic at this intersection. Sargent said MNDOT is reviewing the plans and will require changes if they deem it necessary. He said by reducing the access points from five to three for the Aldi's property, it should help reduce the confusion for patrons and help the traffic flow. Ann Scanlon of 715 50` Avenue thinks the City needs to take a pro- active approach to the traffic congestion at that intersection. She is in favor of the Aldi's development, but feels the traffic pattern needs further analyzing. Szurek asked the representative from Aldi's what their store hours would be. Ryan Stimmons said the store would be open Mondays- Saturdays from 9 am to 8 pm and on Sundays from 10 am to 6 pm. Peterson asked if any consideration had been given to having 50` Avenue be an exit only, and having the entrance points off Central, to the north. Sargent said that Aldi's has already planned the reduction of 2 access points and prefers to have free access /exit of the remaining three. Fiorendino thanked people for their comments, and reminded them that the Planning and Zoning Commission is only a recommending board, and that the City Council makes the final decision in these matters. 87 Planning & Zoning Commission minutes Page 16 April 5, 2011 There was a discussion whether restrictions can be made for how the construction trucks access the site Sargent said that the only restrictions that can be enforced are load restrictions. Any other signage to prohibit truck traffic should be directed to the Traffic Commission. Thompson thought there should be a traffic study done before these plans are approved. Szurek stated we can't hold up the approval waiting for that. She believes that these traffic issues will be addressed by MNDOT's review and by the addition of the right turn lane, which she thinks should be striped as soon as possible. Public Hearing closed. Motion by Fiorendino, seconded by Peterson, that the Planning Commission recommend the City Council approve the preliminary plat based on following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. 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. A. 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 perinit 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 Wiinco'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. Al1 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 stormwater system, all heavy equipment shall be kept out of the stormwater 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. All ayes. MOTION PASSSED. 88 Planning & Zoning Commission minutes Page 17 April 5, 2011 Motion by Fiorendino, seconded by Peterson, that the Planning Commission recommends the City Council approve the final plat in its entirety, based on the following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All conditions set forth in the City of Columbia Heights' subdivision ordinance shall be met per Code Section 9.114. All ayes. MOTION PASSED. Motion by Fiorendino, seconded by Peterson, that the Planning Commission recommends the City Council approve the proposed site plan, as it is consistent with the Comprehensive Plan and the Design Guidelines. All ayes. MOTION PASSED. RESOLUTION NO. 2011-XXXX RESOLUTION APPROVING A PRELIMINARY PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR ALDI, 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, Aldi Addition THE APPLICANT SEEKS APPROVAL OF A PRELIMINARY PLAT SUBDIVISION. WHEREAS, h _ Cit Council has i erect the r the _ tuc City Council iias considered tuc advice and icCUUi[71ei7ultioi7s of tue 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 Planning & Zoning Commission minutes Page 18 April 5, 2011 . 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 stormwater system, all heavy equipment shall be kept out of the stormwater 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 stow 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-XXXX RES. APPROVING A FINAL PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR ALDI, 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. 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-XXXX RESOLUTION APPROVING A SITE PLAN FOR AN ALDI GROCERY STORE LOCATED AT 5025 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #201 1 -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 90 Planning & Zoning Commission minutes Page 19 April 5, 2011 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, 201 I; 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 year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Ali application materials, maps, drawings and descriptive information shall become part of the permit. CASE NUMBER: 2011 -0406 APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment Pertaining to Trash Receptacle Enclosures BACKGROUND As a part of the Sheffield Neighborhood Action Plan initiative, staff has been looking for mechanisms to better beautify the Sheffield neighborhood and the city as a whole. One way that the city could accomplish this is through a text amendment that would require better screening of trash handling equipment (dumpsters) throughout the city. As staff has been patrolling the Sheffield neighborhood, as well as the city, it has become apparent that dumpsters need to be screened more appropriately. 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 the city a more attractive place to live and work, while further preserving the housing stock. For this reason, the proposed amendment is consistent with the Comprehensive Plan. ZONING ORDINANCE At this time, the Code requires the following screening: "For all uses other than one- and two-family dwellings, trash and /or recycling collections areas shall be enclosed on al least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property." There are some concerns that staff has regarding this language. First, there is no mention as to where on the property the storage area should be located, nor Ow close to the property lines the storage area may be. Planning & Zoning Commission minutes Page 110 April 5, 2011 Second, there is no requirement for a gate. Oftentimes, the dumpsters are not always screened from adjacent properties because the open side of the enclosure is still visible, even if it does not "face any public street or the front yard of any adjacent property ". Last, there are a number of properties throughout the city that do not meet the screening requirement, by not providing any dumpster enclosure at all. Staff proposes the following language to amend the current ordinance: "For all uses other than one- and two-family dwellings, trash and /or recycling collections areas shall be located in the side or rear yards only, located no closer than one (1) foot from any side or rear property lines. The trash and /or recycling areas shall be screened utilizing a 6-foot wall with the same exterior masonry material as the principal structure and shall include a latchable gate with at least 80% opacity. 96- gallon trash receptacles shall be screened with a wall of sufficient height to completely screen the receptacle, constructed with the same masonry material as the principal structure. Such enclosures shall also be equipped with a latchable gate with at least 80% opacity The proposed language establishes the proper location on the property, as well as proper setbacks to the property lines. It also requires an opaque and latchable gate in order to screen the fourth side of the enclosure. Staff also proposes to be proactive with this ordinance by requiring all multi- family residential properties (three or more units) to conform to the new regulations within two years of the adoption of the ordinance. We feel that this is essential in building a community image that would be beneficial to all residents. FINDLNGS 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 the city a more attractive place to live and work, while further preserving the housing stock. For this reason, the proposed 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. Staff recommends approval of the proposed Zoning Amendment. However, staff would like to gain insight from the Planning Commission and the public regarding this issue prior to formally submitting a text amendment for approval. Sargent suggested using this meeting as a sounding board to gather constructive ideas on how to deal with the obvious problem that exists at various properties throughout the City. For this reason, staff also recommends that the Planning Commission table making any decision on this until a future date. 92 Planning & Zoning Commission minutes Page l 1 1 April 5, 2011 Questions by members: Sargent stated that staff has been inspecting properties throughout the City and took photos of various examples of unsightly garbage dumpsters that have a direct impact on neighboring properties, not to mention the image of the City as a whole. He told members that since mailing out the notices regarding the Public Hearing on this issue, he has received numerous calls and correspondence from property owners who have legitimate concerns on how this would negatively impact them. He listed some of the reasons owners cited for their garbage dumpsters being placed where they are and what their thoughts were on enclosures: *Small size of lots, and providing enough parking for residents *Hardship due to space needed for snow removal *Dumpsters getting frozen into snow /ice inside an enclosure *Gate radius would eliminate further parking spaces *Whose responsibility is it to unlock enclosure gates for pick up (hauler or owner ?) *Enclosures matching exterior of primary structure is cost prohibitive - brick/stucco would cost a lot *Topography of site *Overhead wires getting in way of truck being able to access dumpster Sargent stated that he would like the input of those in attendance on how the Ordinance can be improved, and how other cities handle this issue, that may also work here to help clean up our multi - family building sites. He invited those that had something to add to this list to speak. Peterson asked how Jimmy Johns handles their garbage. Sargent said it is in a brick enclosure in a planned location on the site. Peterson said as a single family homeowner he is responsible for setting his garbage cans out to the curb and for putting them away after pick up. It was noted that there is a 24 hour time frame where garbage cans can be at the curb. After that they must be stored behind the front of the house or at a reasonable site near the alley. He thinks it is important to keep the City looking as clean as possible and not have dumpsters and garbage laying just anywhere. Fiorendino asked how many people this Ordinance would affect. Sargent thought it would possibly affect a couple hundred properties. He said the proposed change would give owners two years to construct an enclosure to come into compliance with the Ordinance. He said one of the things to consider would be to provide a course of action for those that would have problems complying, possibly through a variance option, or some other language in the Ordinance for hardship cases. Thompson is aware of the logical reasons this Ordinance wouldn't work, and thought that property owners should organize and make a reasonable suggestion on how to deal with this issue. Sargent stated it is staff's job to write the Ordinances, not the property owners. The public can give input that is constructive which helps the City Officials make their decisions. Szurek reminded those in attendance to please bring only new comments to the Board as some items have already been discussed. The Public Hearing was opened: Sargent noted that Doug Jones sent correspondence to him regarding this matter and that Lisa Pelien from MN Multi Housing Association also sent him a letter. Lisa Pelien was present and suggested the City consider other alternatives. She did research on 10 other cities. None of those cities required the enclosures to match the exterior of the primary structure. She said other materials such as wood fencing should be allowed. When asked if she acknowledged there is a problem in this area, she said she really didn't know. She doesn't disagree with the goal, just wants alternatives considered. Mark Gotsart manages the 4200 3` Street building as well as many others throughout the metro area. He suggests a committee be formed to work on this. He said every property is different and each circumstance is different, so it is difficult to pass something that would encompass all the properties. He also thinks alternative materials should be allowed as long as it's complimentary to the principal structure. He would like to see an Ordinance that allows some flexibility and not necessarily require gates for all propercks. Planning & Zoning Commission minutes Page 1 12 April 5, 2011 Szurek said that a lot of the owners of multi - family buildings don't care what the garbage looks like at their properties. She said the City needs to treat everyone the same, and that we can't just enforce the Ordinance on certain properties and not others. Sargent said the Ordinance that is in place only affects new construction. It does not address placement of the dumpsters and only requires screening on three sides. Currently, we can't force owners to construct an enclosure for their garbage. Language in the new Ordinance would stipulate a time frame that existing properties would have to become compliant. Bill Modell owns three properties in Columbia Heights (3746 Stinson, 1480 47 Ave, and 4650 Johnson). These properties have been owned by his family for over 36 years and they've never received a notice from the City regarding problems with the garbage. He reminded members that not all rental property owners are slum landlords. Szurek acknowledged that. Brian Jones from 4025 Stinson Blvd manages 4615 Tyler St and 5100 6 St. The size of the two parcels are very different. At 4615 Tyler St. a dumpster enclosure would cause him to lose parking spots, which in turn, would cause him to lose residents. At 5100 6 St. the dumpsters are kept in the garage area as the site is very large. He thinks the City should cite and fine the bad owners, and not take it out on the good ones. Norma Rust is not a resident, but owns rental property here. She stated that sometimes the terrain or overhead wires dictate the location of dumpsters, and sometimes the haulers don't put the dumpsters back where they were. She also stated she only has two 96 gallon cans for her 4 -plex. She said if she contracted the service she would change haulers, but since the City contracts it, she is stuck with what they dictate. Sargent said there are some policy issues that need to be resolved such as the correct number of containers to ensure they are adequate to handle all the garbage_ Jesse Davies said properties aren't limited to how many containers they have. It is up to the owners to decide how many they need. However, the more containers they have, the more they will pay, and that is why many owners try to get by with the least amount of containers they can. Wade Shatzer manages properties all over the state. He doesn't see how enclosures can work in Columbia Heights due to the size of the lots and lack of parking available, especially in winter. There is too much density. Mary Marth owns 4619 Tyler Street and understands why this Ordinance is being introduced, but states she is a responsible owner. She thinks it would have to be enforced on a case by case basis though due to all the items already mentioned. She does think the City needs to get tougher for owners that chronically have issues with garbage storage. Chuck Gramith owns 529 Mill Street and says he has a problem with his neighbor, the City of Columbia Heights. He stated he is offended with comments made about who can say something and what they can say. He accused the Commission members of not listening to the public. Property owned by the City is also part of the problem. He cited dumpsters located at Murzyn Hall as an example. He said this issue all boils down to health issues and the City should be enforcing the Health Ordinance. Rich Caron owns 1020 40` Avenue and has a dumpster pocket on a pad. His issue, if this moves forward, would be his inability to mow behind an enclosure if a 6 ft fence would be required due to a hill behind the space. His neighbor also would be unable to gain access to his rear yard to mow. He also concurs that each property is different so it will be difficult to apply to everyone equally. Sargent said the objective tonight was to get testimony and opinions from those in attendance. He also invited people to e -mail him or call him and share tlir thoughts. Planning & Zoning Commission minutes Page 1 13 April 5, 2011 Dave from Veolia Environmental Services said requiring enclosures would create safety issues for his drivers in some cases. He cited some examples. Commission member Thompson left at 9 pm. Jerome Thompson who owns 1341 42 Avenue tells his tenants to put garbage in the dumpster in the enclosure and they just throw it over the top. He keeps it plowed in the winter, but they are too lazy to open a gate and dispose of properly. He stated enclosures aren't necessarily the answer. Maggie Engel of 4347 University agreed with what has been said so far. Each case is different. Mayor Peterson thanked everyone for their comments and said he found it interesting to listen to the comments. There is a lot of blame to go around, from bad owners /managers to lazy tenants, to lack of enforcement from the City. He thinks maybe this should be handled similar to long grass situations - whereby, owners get notified to correct and if they don't clean up the area, the City will and then bill the owners. He also suggested the Police Dept. address this issue in their Landlord meetings. He agrees the City needs to be more pro- active and issue owners citations for not keeping their properties clean. There are already ordinances in place and property maintenance requirements, and they should be enforced. By forcing enclosures for all the properties might be creating a bigger problem since it would be hard to enforce uniformly. He believes if the Community Service Officer issues citations and if Public Works employees have to do clean up with the billing going to the owners, that people will start complying. Szurek agreed. Therefore, the consensus was to table this matter to some date in the future, so that staff has time to decide what action "will be implemented. CASE NUMBER: 2011 -0403 APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for LED Signage 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. 95 Planning & Zoning Commission minutes Page 114 April 5, 2011 Since the inception of the ordinance, only three businesses have received a CUP for LED signs. They are: Jeff's Bobby and Steve's Autoworld, Sonic Restaurant, and the City's municipal Liquor Store located on Central Avenue. To the best of staff's 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 like- cities in the metropolitan area to determine whether a proposal is consistent with what other cities have done. A 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 ro osing some changes to monument signage to better aid businesses in the cit • to i much p p . an g . 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 monument sign to be used as an LED sign, which means the largest LED sign could be 30 square feet. 96 Planning &. Zoning Commission minutes Page 115 April 5, 2011 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 pr oposed amendment would affect all business owners throughctrt the City' y' and nvt solely r 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. Questions from members: Szurek thinks 10 seconds is too fast and would be very distracting. She thinks a one minute interval would be sufficient. She understands the height adjustment, but questioned the need to increase the sq. ft. amount. Sargent told her that was a proportional adjustment to match the increase in the height adjustment. Fiorendino didn't feel it was in the public's best interest to have it flash every 10 seconds either. He doesn't see a reason to change from the 10 minute timeframe that is currently in place. He felt the height and size adjustment was acceptable. Peterson didn't see a problem with the 10 second interval and also found the height and size adjustment acceptable. Mayor Peterson isn't offended by these signs and said they are the current way to draw attention to a business, He asked if LED signage would be allowed on walls signs or pylon signs. Sargent said no, they would not, with the exception of a government /public sign. 97 Planning & Zoning Commission minutes Page 16 April 5, 2011 Motion by Szurek, seconded by Fiorendino, that the Planning Commission recommends the City Council approve the proposed zoning amendment with the time frame changed to a one minute interval for the commercial, industrial, or public uses . All ayes. MOTION PASSED. The following draft Ordinance will go to the City Council for consideration. (Note: it will be up to the City Council to approve the time frame-therefore, the Ordinance Language may change). DRAFT ORDINANCE NO. XXXX 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) ininutea seconds for commercial and industrial properties located in the LB, GB, CBD, I-I 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, and LB and PO zoning districts. Chapter 9, Article 1, 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. of Motor fuel stations, which niay display dynamic LED signs as a part of the pylon sign to promote motor fitel prices only. Such motor fuel price signs do not require a Conditional Use Permit. All Dynamic LED signs may occupy no more than Afty sixty percent 44%4 (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, fit 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 inay 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, e.F. 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. 98 Planning & Zoning Commission minutes Page 1 1 7 April S, 2011 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 horn 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. 7 All cianaae miict meet the requirement c fnr Dvnamir 1.F cianc ac nntlineri in certinn 9.1(16 (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)(10)(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: I. 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)(11)(d) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 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 99 Planning & Zoning Commission minutes Pagcl8 April 5, 2011 2. All si must meet the requirements for Dynamic LED signs as outlined in section 9.106 (P)( 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 ), Section 9.106 (9)(12)(u)2 of the Columbia Heights City Code, is proposed to include the foliowing additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (| 2) Signs in (BD Central Business District. (a) Permitted signs. In the CBD, Central Business District, the following signs shall bepennittcd: 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 minirnum of 5 feet from any property line. Chapter 9, Article l. Section 9.106 (P)(12)(d) of the Columbia Heights City Code, is proposed to include the foliowing add itions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (12) Signs in CBD, Central Bus iness 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 § p.|04(8)o[ the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.\06 (P)( this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (ID) ininutcs seconds ofdisplay time. Chapter 9, Article |, Section 9.106 (P)(13)(u)3 of the Columbia Heights City Code, is proposed to include the foliowing additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (13) Signs in GB, General Business Dislricl. (a) Permitted signs. In the GB, General Business District, the foliowing 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 10 exceed 4A 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. If such property is located in the Design Overlay Highway District, the maximum height ofthe monument sign may be inorcuscd to 10 feet for those principal structures gr ater than or equal to 22 feet in hcight. Chapter 9, Article l, Section 9.106 (P)(13)(d) of the Columbia Heights City Code, is proposed to include the foliowing 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 Diairict, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.}04(R)oy the zoning code. 2, All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)( this ordinance. 100 Planning & Zoning Commission minutes Page 1 19 April 5, 2011 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)(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 I -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 Pennit 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)(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: 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 huilding is located directly ahuts 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 (10) 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. CASE NUMBER: 2011 -0401 APPLICANT: Linder's Greenhouses 101 Planning & Zoning Commission minutes Page 120 April 5, 2011 LOCATION: 4300 Central Avenue NE REQUEST: Interim Use Permit INTRODUCTION Linder's Greenhouses has applied for an Interim Use Permit to allow the operation of a seasonal mini - garden center for flowering plans and retail sales. The City of Columbia Heights has recently amended the ordinance regarding outdoor seasonal sales in all zoning districts, and now requires an Interim Use Permit rather than a Conditional Use Permit. The specific development standards for an outdoor sales /display establishment are found at Section 9.107 (C)(28), and will be added as conditions of approval for this permit. The will be the Linder's 22 year operating a temporary greenhouse at this location in Columbia Heights. The attached site plan illustrates the configuration of two structures plus a patio area in front. This site plan and configuration remains unchanged from previous years. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the same as previous years with four, six -foot doors remaining open at all times during business hours. There will be at least four fire extinguishers in the Flower Mart and all smoking will be prohibited. The two structures and patio will displace approximately 30 parking spaces and a drive aisle. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. ZONING ORDINANCE The zoning classification for this property' located at 4300 Central Avenue is GB, General Business District. Retail uses are allowed in this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the Zoning Ordinance requires that commercial uses provide I parking space for each 300 square feet of use. Therefore, the existing 144,900 - square foot commercial building is required to have 483 parking spaces. After using the 30 parking spaces for the greenhouses, the site still has 598 parking spaces. Furthermore, with the location of the display area on the opposite side of the parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. Please note that the Fire Department has reviewed the proposal and has no concerns regarding it. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines seven findings of fact that must be met in order for the City to grant an interim use permit. They are as follows: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. Outdoor sales /display establishments are an Interim Use in the GB, General Business District, and are considered retail sales, which are permitted. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides the subject property for commercial use. Outdoor sales /display uses are allowed as conditional uses in all residential districts. 3. The use will not impose hazards or disturbing influences on neighboring properties. The closest residential property to the south is over 300 feet from the proposed temporary use. In addition, the amount of space dedicated for the greenhouse sales is relatively small at approximately 1,000 square feet. Therefore, the proposed temporary use should not have any detrimental impact on neighboring propertiep02 Planning & Zoning Commission minutes Page 121 April 5, 2011 4. The use will not substantially diminish the use of property in the immediate vicinity. The garden center as proposed will have no impact on the use of adjacent properties. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. Linder's has been in operation for 21 years at this location, with the City experiencing no complaints. The proposed garden center should not negatively impact the existing character of the vicinity. 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The traffic generated by the garden center will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity, which are zoned for residential and commercial uses. Staff recommends that the Planning Commission approve the Interim Use Permit for seasonal agricultural sales subject to conditions of approval outlined below. Motion by Fiorendino, seconded by Peterson, that the Planning Commission approves the Interim Use Permit for seasonal agricultural sales at 4300 Central Avenue NE from April 15 through July 15, 2010, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. Outdoor agricultural /produce sales located within the public right -of -way are prohibited. 2. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 3. Music or amplified sounds shall not be audible from adjacent residential properties. 4. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two (32) square feet per sign. 5. The outdoor storage shall be located as indicated on the site plan. 6. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 7. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. RESOLUTION NO. 2011-PZ01 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN INTERIM USE PERMIT FOR LINDER'S GREENHOUSES, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2011-0401) has been submitted by Linder's Greenhouses to the Planning and Zoning Commission requesting an Interim Use Permit approval from the City of Columbia Heights at the following site: ADDRESS: 4300 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for outdoor seasonal sales from April 15, 2011 to July 15, 2011. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on April 5, 201 1; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and 103 Planning & Zoning Commission minutes Page 122 April 5, 2011 NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 7. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (I) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Outdoor agricultural/produce sales located within the public right -of -way are prohibited. 2. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 3. Music or amplified sounds shall not be audible from adjacent residential properties. 4. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two (32) square feet per sign. 5. The outdoor storage shall be located' as indicated on the site plan. 6. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Interim Use Permit expires and the site has been cleaned up. 7. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. CASE NUMBER: 2011 -0403 APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment Pertaining to Fence Regulations BACKGROUND Currently, city regulations pertaining to fences are located in two separate sections of the City Code. The first location is at Chapter 6, Article IV of the Municipal Code, which deals with building and construction standards. The second location is at Chapter 9, Article 1, 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 104 Planning & Zoning Commission minutes Page 123 April 5, 2011 values and investment in the city. The proposed ordinance amendment would make it easier for the general public to gather the necessary information when constructing a fence. ZONING ORDINANCE The following outlines the key aspects of the proposed ordinance change: 1. Chapter 6, Article IV of the Municipal Code would be deleted in its entirety. 2. The construction standards from Chapter 6, Article IV of the Municipal Code will be transferred to the Zoning Code. 3. Residential fences greater than six (6) feet in height will require a Conditional Use Permit. 4. Non - residential fences greater than seven (7) feet in height shall require a Conditional use Permit. 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 this 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. Staff recommends approval of the proposed Zoning Amendment. Questions from members: Fiorendino asked if there were any barbed wire fences in the City now? Sargent didn't think so, but any existing ones would be considered legally non - conforming. Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommends the City Council approve the proposed zoning amendment. All ayes. MOTION PASSED. DRAFT ORDINANCE NO. 1589 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO FENCES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 6, Article IV, of the Columbia Heights City Code, is proposed to include the following additions and deletions: I ' u • t •. {4) No person, firm, partnership or corporation shall construct, or cause to be constructed, or erected within Planning & Zoning Commission minutes Page 124 April 5, 2011 (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 the opposite side of the fence. (C) The written application shall be submitted to the Building Official setting forth the type of fence proposed, - - - - . - • ' rely upon the private property of the person, firm or in writing that such a fence may be erected on the division line of the respective properties. In the cast of a property • - r•.•. •. .. • - - . . establish a boundary line of his property by survey thereof to be made by a registered land surveyor. The Bui g Official may similarly require any applicant for a fence permit to obtain a similar survey. However, the Building (A) Fences, free standing 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 which the fence, • free standing wall or retaining . • ... ., within the city. Minimum standards for construction of fences, freestanding walls and retaining wall prescribed hereinafter. (B) All fences shall be constructed of the following approved fencing materials: (1) Galvanized or vinyl coated woven fabric minimum 11'1_ gauge, with two inch maximum mesh, with latucklcs up and cut edge down. (3) Treated wood or wood of natural materials resistant to decay. adjacent properties. - - - (D) Retaining walls or freestanding walls shall be constructed in the following manner: (1) Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. • - - . - - - . - - .. ' . , . - . ractice; 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. (1) The retaining wall or freestanding wall shall be constructed in a manner that presents a finished walls, terracing may not be used as a device to exceed the height limitations of this chapter. In the case of terraced r . _ • • (1) (1) Barbed wire fences shall not be permitted, used or constructed except in industrial districts and upon property used for public purposes. (2) Every fence so constructed under this section and any fence existing at the time of the passage of this - condition of disrepair or dangerous. - (3) Any property owner who receives notice from the Building Official that his fence is in a state of • by the Building . , , _ - we permit approved by the Planning and Zoning C: • . 106 Planning & Zoning Commission minutes Page 125 April 5, 2011 {1) 4 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. . . . • . • - _ . •• . • . . . . streets ten 30 feet along one curb line, then diagonally to a point 30 feet from the point of beginning on the other ... - . . _ - - - . ' . Official shall determine the maximum allowable height for fences on a corner lot in accordance with his personal observations and findings relating to visibility. (D) Fences for special purposes and fences differing in construction, height or length may be permitted in any . . _ .. • _ .until upon proof and reasons submitted by the applicant and upon showing to said bodies abutting properties of such applicant with proof of service filled with the Planning and Zoning Commission. Such fence thereby permitted. t, s.i. �. (A) In residential districts, no fence more than seven feet in height may be erected or maintained. - .. - . .. - - • h abut a public alley or street shall be no closer than three feet from said alley or street boundary line. (B) The use offences 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 necec.vary above said permitted height, a fence not exceeding 2 fret in height may b co alo the rear, chin and front lot lines provided that such fence exceeding 7 feet in height is constructed vith a setback from the front property line of 20 feet. (2) Fences erected along a property lint in common with any residential district shall be subject to Me regulations herein set fort • - • - - , . . . • . • . : -een area 20 feet wide located 20 feet from the adjoining residential property line. (3) Fences located on commercial property and adjacent to residential districts shall be subject to the most 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 conditions: (1) Fences erected along a property line in common with any residential district shall be subject to the regulations herein set forth in the residential districts, and shall have a maintained green area 20 feet wide located 20 feet from the adjoining . . .. . (2) Such fences shall not be erected within the landscaped portion of the front yard of any industrial establishment. 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. 107 Planning & Zoning Commission minutes Page 126 April 5, 2011 (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. (f9 All fences shall be constructed of durable, weather treated and rurstproofed 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 111/2 gauge, with two -inch minimum mesh, with knuckles up and cut edge down. 2. Approved vinyl fencing materials. 3. Treated wood or wood of natural materials resistant to decay. (g) Retaining walls or freestanding walls shall be constructed in the following manner: 1. Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. 2. They shall be designed in accordance with sound engineering practice; including, but not limited to, a minimum four -inch concrete footing of appropriate width and drains of appropriate type, size and spacing. 3. Cribbed slopes shall be appropriately planted if open faced cribbing is used 4. The retaining wall or freestanding wall shall be constructed in a manner that presents a finished appearance to the adjoining property where applicable. {g} (h) All fences shall be maintained and kept in good condition. (4r} (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. () 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. fi} (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 properry 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. (c)- - _ _ . (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 'bur, feet in height.; however, fences Mitt ay=e - les-s 5.894-019611-14C my be . : ' - - - • • (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 he installed between the, facility and the right -of -way. 108 Planning & Zoning Commission minutes Page 127 April 5, 2011 Chapter 9, Article I, Section 9.109 (E)(3)(h) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (E) R -1, Single Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -1, Single- Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (h) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.109 (F)(3)(k) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (F) R -2A and R -2B, Two - Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -2A and R -2B, Two - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (k) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.109 (G)(3)(p) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (G) R -3, Limited Multiple - Fancily 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 conditinnal uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (p) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.109 (H)(3)(r) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.109 RESIDENTIAL DISTRICTS. (H) R -4, Multiple- Family Residential District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R -4, Multiple - Family Residential District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: 1. Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.110 (D)(3)(t) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.110 COMMERCIAL DISTRICTS. (D) LB, Limited Business District. (3) Conditional uses.. Except as specifically limited herein, the following uses may be allowed in the LB. Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (t) Fences greater than six (6) feet in height. Chapter 9, Article I, Section 9.110 (E)(3)(s) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.110 COMMERCIAL DISTRICTS. (E) GB, General Business District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, 109 Planning & Zoning Commission minutes Page 128 April 5, 2011 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 1, Section 9.110 (F)(3)(h) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.110 COMMERCIAL DISTRICTS. (E) CBD, Central Business District. (4) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (h) Fences greater than six (6) feet in height. Chapter 9, Article 1, Section 9.1 1 1 (D)(3)(i) and (j) of the Columbia Heights City Code, is proposed to include the following additions and deletions. § 9.111 INDUSTRIAL DISTRICTS. (D) 1 -1, Light Industrial District, (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the I -1, Light Industrial District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (i) Fences greater than seven (7) feet in height. (j) Barbed wire fences. Chapter 9, Article 1, Section 9.111 (E)(3)(i) and (j) of the Columbia Heights City Code, is proposed to include the following additions and deletions, § 9.111 INDUSTRIAL DISTRICTS. (E) 1 -1, Light Industrial District. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the I -1, Light 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 (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. CASE NUMBER: 2011 -0405 APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment Pertaining to Animal Kennels and 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 discoveillpthat while the Code requires specific development Planning & Zoning Commission minutes Page 129 April 5, 2011 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 sun 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: I. All activity shall 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: I. 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. 111 Planning & Zoning Commission minutes Page 130 April 5, 2011 Staff recommends approval of the proposed Zoning Amendment. Questions from members: Fiorendino questioned striking the language about soundproofing and odor control for Indoor Activities. He thinks it should remain in, The Commissioners all agreed. Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommends that the City Council approve the proposed zoning amendment but add back in the language as item #4: All indoor activity shall include soundproofing and odor control. All ayes. MOTION PASSED. DRAFT ORDINANCE NO. XXXX 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 he 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. NEW BUSINESS Sargent told members that an application came in for the remodel of McDonald's. It will come before the Planning and Zoning Commission in May. The EDA approved an amendment be made to the Development Agreement for 37 and Central for the construction of an O'Reilly's Auto Parts store. This will come before the Planning and Zoning Commission in June or July. The meeting was adjourned at 9:56 pm. Respectfully submitted, Shelley Hanson Secretary 112 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING May 3, 2011 7:00 PM The meeting was called to order at 7:00 pm by Chair - Marlaine Szurek. Szurek introduced our new member Tracey Kinney. Commission Members present- Thompson, Peterson, Fiorendino, Kinney, and Szurek. Also present were Council Liaison Gary Peterson, Jeff Sargent (City Planner), and Shelley Hanson (Secretary). Motion by Fiorendino, seconded by Peterson, to approve the minutes from the meeting of April 5, 2011. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2011 -0501 APPLICANT: Reprise Designs / McDonald's Restaurant LOCATION: 4605 Central Avenue NE REQUEST: Site Plan Approval for Remodel INTRODUCTION Sargent explained that Reprise Designs is requesting a site plan approval for the remodel of the existing McDonald's Restaurant located at 4605 Central Avenue NE. The remodel is consistent with the upgrading of multiple McDonald's buildings throughout the metropolitan area. The remodel will include a new facade as well as a new drive -thru area, and will not require the complete demolition of the building. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities. One of the goals of the Comprehensive Plan is to provide opportunities and mechanisms for successful redevelopment of targeted areas within the community, by enhancing the image and viability of the Central Avenue corridor. Upgrading the image of an existing commercial building is consistent with the Comprehensive Plan's overall goal of preserving the commercial sectors in the city. ZONING ORDINANCE The property is located in the GB, General Business District, as are the properties to the north and south. The properties to the west are zoned R -3, Multiple Family Residential, and the properties to the east are located in the City of Hilltop. The subject parcel is also located within the Design Overlay Highway District, and is subject the regulations for such properties. SITE PLAN As stated previously, the building will not be demolished as a part of the proposed remodeling. However, the proposal includes the installation of a dual drive thru facility in the same location as the existing single - lane drive thru. As a result, four parking stalls will be removed from the site. PARKING. The Zoning Code requires 6 parking stalls, plus 1 parking stall for each 40 square feet of dining and service area. The proposed plan indicates that there is approximately 945 square feet of dining and service area, requiring 30 parking stalls. The site plan shows 42 parking stalls on site, meeting the city's minimum requirements, DESIGN GUIDELINES BUILDING MATERIALS. The Design Guidelines specify the types of building materials required for all 113 Planning & Zoning Commission minutes Page 12 May 3, 2011 buildings along Central Avenue. A list of accepted primary materials includes: brick, natural stone, stucco and precast concrete units and concrete block, provided that surfaces are molded, serrated or treated with a textured material in order to give the wall surface a three - dimensional character. A list of prohibited materials include: unadorned plain or painted concrete block, tilt -up concrete panels, pre- fabricated steel or sheet metal panels, aluminum, vinyl, fiberglass, asphalt or fiberboard (masonite) siding. The proposed plans indicate that the new facade will comprise of a mixture of red facebrick and tan EFIS, both acceptable building materials. SIGNAGE. The McDonald's Restaurant is located on the corner of 46th Avenue and Central Avenue. The Zoning Code allows for 2 square feet of signage of each foot of building adjacent to a public right -of -way, capped at 200 square feet. Because of the building's location on a corner, McDonald's would be allowed the maximum amount of signage (200 square feet). The proposed plans indicate that the building will incorporate 3 signs totaling approximately 60 square feet. All signage will be internally lit, but will comprise of channel letters, which is consistent with the Design Guidelines. FRANCHISE ARCHITECTURE. The Design Guidelines prohibit franchise architecture. However, because this is an existing building and currently utilizes franchise architecture, it is considered legally non- conforming, or "grandfathered in ". For this reason, any type of proposed architecture for this building will be acceptable. FINDINGS OF FACT Site Plan Approval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The proposed site plan meets all the Design Guidelines standards for building materials. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The Comprehensive Plan guides this area for Commercial related activities. One of the goals of the Comprehensive Plan is to provide opportunities and mechanisms for successful redevelopment of targeted areas within the community, by enhancing the image and viability of the Central Avenue corridor. Upgrading the image of an existing commercial building is consistent with the Comprehensive Plan 's overall goal of preserving the commercial sectors in the city. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. The proposed site plan will upgrade the image of the surrounding area tremendously, and will help ease traffic circulation with the dual drive thru facility. For this reason, impacts on property in the immediate vicinity would be minimized. Sargent reviewed the drawings and plans with the members. He said staff recommends approval of the proposed site plan, as it is consistent with the Comprehensive Plan and will severely upgrade the appearance of the building, enhancing the image of the Central Avenue corridor with the following condition: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. Questions by members: Szurek asked if the pylon sign would remain. Sargent said the business has stated that will be determined later, She wondered if the remodeling project would trigger the need for a monument sign. Sargent stated 114 Planning & Zoning Commission minutes Page 13 May 3, 2011 that it does not, they would be allowed to keep the pylon sign they currently have. Szurek then asked if the play area would remain. The owner said that it would remain. Peterson asked for clarification of the Design Guidelines prohibiting franchise architecture. Sargent explained to him what this meant. Peterson then asked if there would be additional landscaping along Tyler Street. Jeff Smith, the owner, said there is currently about 20 feet of grassy area along the east side of the property that has 12 trees and several bushes. He said that would remain, and they may add additional shrubs as part of this project. Sargent stated the emphasis tonight is a Site Plan approval due to changes planned for the exterior of the building and that a landscape plan is not a necessary requirement for project approval. Kinney stated she noticed the Bus Shelter at that site needs work. She questioned whose responsibility that was and if we could require an update due to this remodeling project. Szurek told her that isn't located on McDonald's property, it is on State Highway property and that Met Transit is responsible for the upkeep on the shelters. MNDOT was not contacted for this remodel project since it didn't require their approval. Szurek agreed with Kinney that it was in need of repair or replacing, and suggested staff contact Met Transit and file a complaint on the condition of the shelter. Fiorendino asked if they would be adding signage for the playland area. Smith responded that he didn't intend to. Szurek commented that other McDonalds in New Brighton and Spring Lake Park have recently been remodeled and the playlands were removed in those locations. Dale Shimek, Corporate Representative, said Corporate McDonalds has been evaluating the need for the playlands on a case by case basis, and decided to keep the one at this location. Motion y Thompson, seconded by PeteiJOil, tO Waive the reading of Resolution NO. 2011 -PZ03, there being ample copies available to the public. All ayes. MOTIOIN PASSED, Motion by Thompson, seconded by Kinney, to adopt Resolution No. 2011 -PZ03, being a resolution approving a site plan for a remodel of the McDonald's Restaurant located at 4605 Central Avenue NE. All ayes. MOTION PASSED. RESOLUTION NO. 2011-PZ03 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE REMODEL OF THE EXISTING MCDONALD'S RESTAURANT LOCATED AT 4605 CENTRLA AVENUE NE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2011- 0501) has been submitted by Reprise Design, to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4605 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the remodeling of the existing McDonald's Restaurant located at 4605 Central Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on May 3, 2011; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and 11 Planning & Zoning Commission minutes Page I4 May 3, 2011 NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: I . 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 year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings and descriptive information shall become part of the permit. CASE NUMBER: 2011 -0502 APPLICANT: TNT Fireworks LOCATION: 4300 Central Avenue REQUEST: Interim Use Permit for Seasonal Sales INTRODUCTION TNT Fireworks has applied for an Interim Use Permit to allow the operation of a fireworks tent at 4300 Central Avenue. The City of Columbia Heights has recently amended the ordinance regarding outdoor seasonal sales in all zoning districts. and now requires an Interim Use Permit. The specific development standards for an outdoor sales /display establishment are found at Section 9.107 (C)(20), and will be added as conditions of approval for this permit. Sargent reviewed the site plan illustrating the configuration and orientation of the fireworks tent to Central Avenue. The Fire Chief will conduct a site inspection of the tent prior to the business opening for operation. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plane ZONING ORDINANCE The zoning classification for this property located at 4300 Central Avenue is GB, General Business District. Fireworks tents are allowed as Interim Uses in this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 144,900 - square foot commercial building is required to have 483 parking spaces. The proposed fireworks tent will occupy 10 parking stalls. After subtracting 30 parking spaces for the Linder's Greenhouses, the site still has 588 parking spaces. Furthermore, with the location of the display area on the opposite side of the parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines seven findings of fact that must be met in order for the City to grant an interim use permit. They are as follows: 116 Planning & Zoning Commission minutes Page 15 May 3, 2011 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. Fireworks tents are an Interim Use in the GB, General Business District, and are considered retail sales, which are permitted. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. The proposed temporary use should not have any detrimental impact on neighboring properties because of its proximity to Central Avenue and because it is shielded from adjacent residential uses. 4. The use will not substantially diminish the use of property in the immediate vicinity. The fireworks tent as proposed will have no impact on the use of adjacent properties. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The fire department will conduct an on -site survey prior to the business opening. All state requirements regarding fireworks sales will be complied with before the fire department will allow the operation of the business. 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The traffic generated by the fireworks tent will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the fireworks tent should not have a negative impact on other uses in the immediate vicinity, which are all zoned commercial. Sargent stated this would be the first time for this...011lpany at this location. They have Operated Out of Hilltop in the past. Staff recommends that the Planning Commission approve the Interim Use Permit for a fireworks tent subject to conditions of approval outlined below. Questions from members: Fiorendino asked if having two tents located at this site would adversely impact the amount of parking in the lot. Sargent said because they are temporary structures and it is such a large parking lot, he doesn't have any concerns. Szurek noted that the Fireworks tent is not that large, and feels the parking lot is large enough to accommodate it. Motion by Fiorendino, seconded by Thompson, that the Planning Commission approves the Interim Use Permit for a fireworks tent at 4300 Central Avenue NE, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents located within the public right -of -way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. 5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential properties. 7. The fireworks tent shall not reduce the amount of off-street parking provided one -site below the level required for the principal use. 117 Planning & Zoning Commission minutes Page 1 6 May 3, 2011. 8. Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty -two (32) square feet. 9. Fireworks tents may be allowed for a maximum of ninety (90) days per calendar year. All ayes. MOTION PASSED. RESOLUTION NO. 2011-PZ04 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN INTERIM USE PERMIT FOR TNT FIREWORKS WiTHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2011 -0502) has been submitted by TNT Fireworks to the Planning and Zoning Commission requesting an Interim Use Permit approval from the City of Columbia Heights at the following site: ADDRESS: 4300 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for a fireworks tent and sale, per Code Section 9.110 (F)(4)(a). WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on May 3, 2011; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: ro i or - 1. The use is one of the interim uses listed . tur ilre zoning district in which uric properly located, ur is u substantially similar use, as determined by the Zoning Administrator. 2. The use is in harmony with the general pa pose and intent of the Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 7. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this perrnit 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. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents located within the public right -of -way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. 5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential properties. 7, The fireworks tent shall not reduce the amount of off - street parking provided one -site below the level required for the principal use. 8, Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty -two (32) square feet. 9. Fireworks tents may be allowed for a maximum of ninety (90) days per calendar year. 11 Planning & Zoning Commission minutes Page l 7 May 3, 2011 NEW BUSINESS Sargent told members that he received a lot of calls and e -mails regarding last month's garbage enclosure issue. Staff feels they got the feedback they were looking for which was the purpose of the meeting. He stated staff has decided to be pro - active in enforcing the current ordinance to see what impact it has before creating a new Ordinance. Everyone agreed it is an issue that needs to be dealt with and this is the right way to start. It will help staff determine how many are in violation, and what the extenuating circumstances are, if any. Peterson asked if there was any update on the turn lane for 50` and Central Ave. Sargent said the matter was discussed at the City Council meeting. Kevin Hansen, Public Works Director said a study will be done on the traffic situation at this intersection, which properties would benefit from any alteration, and how it would be assessed. Aldi's cannot be expected to foot the entire bill for an additional turn lane added to the street. Kevin Hansen said they cannot legally stripe three lanes on the pavement even though it appears to be enough room. There are legal requirements for the amount needed to do that. At this point, we need to wait for the study to come back before any decision is made. The meeting was adjourned at 7:35 pm. Respectfully submitted, Shelley Hanson Secretary 119 *\ r� Approved ��� T 5/4/1 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES April 6, 2011 The meeting was called to order by Chair Patricia Sowada, at 6:31 p.m. Members present were: Nancy Hoium, Patricia Sowada, Barbara Tantanella, and Catherine Vesley. Also present: City Council Representative Tami Diehm, Becky Loader, and Stacey Hendren. The minutes of the March 2, 2011 Board meeting were approved as mailed. The bill list dated 3/14/11 of 2011 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 3/28/11 of 2011 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 4/11/11 of 2011 bills was reviewed. It was moved, seconded, and passed that the bills be paid. The 2011 accounting dated 4/6/11 was reviewed. Old Business: 1. The Winter Jackets program was a success. Columbia Heights Library had a large response that was second only to North Central in Anoka County. The Board noted the statistics from previous years. 2. Loader continues to pursue quotes for the safety recommendations made by Sergeant Markham. The Board discussed the upgrades to the Library and City Hall as well as building plans for the next 10 years. 3. The Board was pleased to hear of the success of the "Love Your Library" project sponsored by the Friends of the Library. Vesley recommended a matching grant for next year's program. New Business: 1. The top reference question last month was "Who are the men from the 1930's basketball team pictured in the paper ?" Thanks to Dortha Christopherson Trench, whose father was in the picture, the Library was able to supply all the names. The Board was very pleased. 2. The state version of the annual report was given to the Board. It has been submitted and accepted. 3. Maintenance of Effort is being reviewed by the legislature. The Board discussed PERA, the legislature and the upcoming changes. Loader will be keeping track as the budget process is begun. 4. Crossover statistics for February were reviewed by the Board. 5. Lynette Thomson chose to resign from the Board for family reasons effective March 31, 2011. On April 11, 2011, Steve Smith will be appointed by the City Council. Smith has been involved in the community and the library for many years. Smith has experience in building programs, fundraising, and will attend the May meeting. 6. Progress with Unique Management continues to move slowly. 1 120 Items from the Floor: 1. National Library Week begins on April 11, 2011. A proclamation will be presented at the City Council meeting that evening and Board members are encouraged to attend. 2. The Library Foundation is supporting a fundraiser in conjunction with Linder's Greenhouses. May 6 -9, 15% of all purchases made with the coupon provided by the Library will go to the Foundation. 3. Live at the Library is scheduled for May 21 from 10 -2 at all Anoka County Libraries. Columbia Heights will host 4 events; a Landscape watercolor artist, the Lank of Lakes Boys Choir, a Ukrainian egg painter, and a string instrumentalist. Board members are encouraged to stop by that day. 4. Bids for the replacement copy machines have been received by the City. The bids are currently scheduled for presentation at the 2 council meeting in April. 5. Buckstaff Furniture, who built the majority of the furniture in the Library, has gone bankrupt. Steve Sherry has found a new company that builds similar furniture and an order for tables and chairs is being prepared. A new wall and outlets are installed in the lower level, and monies from the Gates Foundation have been sent to Finance. 6. Loader presented the recent donation to the Heights Historical Society of a 1957 homecoming pin. 7. Sowada notified the Board that Ruth Trukenbrod recently passed away. Ruth is a former Friend of the Library. 8. The Sister City is sponsoring the movie "Song to Remember" on May 15 at 2pm at the Heights Theater. Tickets are $10 and piano entertainment will follow the production. There being no further business, the meeting was adjourned at 7:15 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 2 121 CITY COUNCIL LETTER Meeting of: May 9, 2011 AGENDA SECTION: CONSENT ORIGINATING CITY NO: DEPARTMENT: MANAGER'S CITY MANAGER'S APPROVAL j �. fy "` ITEM: RESOLUTION 2011 -31, 2011 -2012 LELS BY: LINDA L. MAGEE BY LABOR AGREEMENT- SERGEANTS DATE: 5 -2 -11 DATE y NO: The current labor agreement between the City and the Law Enforcement Labor Services, Local 342, representing Police Sergeants, terminated on December 31, 2010. Negotiations between the City's negotiating team and LELS resulted in a mutually acceptable labor agreement for calendar years 2011 and 2012. The proposed changes are as follows: Wages: 2011: 0% adjustment over 2010 wages 2012: 1% adjustment over 2011 wages Insurance: 2011: $775 per month (2010 = $745 per month) 2012: $805 per month Deferred Compensation: Ac a f0 MI of . compensation the Cite will contribute $1 per permanent and d .obationar.' full-time e... lo ee u ., .. k y p porn,., „o p” y p y toward a city- sponsored deferred compensation program for every $1 contributed by such employee toward such city - sponsored deferred compensation program. Such employer contribution will not exceed $425 for calendar year 2011, and $425 for calendar year 2012. (2010= $425) Sick Leave Any employee leaving the municipal service in good standing after giving proper notice of such termination of employment shall receive severance payment based on their most recent salary level for earned and unused sick leave based on the following schedule: During employment year 1 -5: 20% During employment year 6 -10: 33% During employment year 11 -19: 40% During employment year 20 +: 50% All such sick leave severance pay will be placed into the employee's Post Employment Health Care Savings Plan on a mandatory basis, in accordance with IRS regulations. (Currently: One -third of earned and unused sick leave will be paid out.) COUNCIL ACTION: 122 CITY COUNCIL LETTER Meeting of: May 9, 2011 AGENDA SECTION: CONSENT ORIGINATING CITY NO: DEPARTMENT: MANAGER'S CITY MANAGER'S APPROVAL ITEM: RESOLUTION 2011 -31, 2011 -2012 LELS BY: LINDA L. MAGEE BY: LABOR AGREEMENT- SERGEANTS DATE: 5 -2 -11 DATE: NO: Page 2 of 2 pages Overtime An employee may choose to receive compensatory time in lieu of monetary payment for overtime hours worked. Compensatory time may be accumulated to a maximum of 36 hours. (Currently: Maximum accumulation is 30 hours.) Court Time Change in last sentence of article only: Maximum accumulation of compensatory time, however earned, cannot exceed 36 hours. (Currently: Maximum accumulation, however earned, is 30 hours.) Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 2011 and 2012. Also attached is a copy of the new contract language incorporating the changes. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2011 -31, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 342, Police Sergeants, effective January 1, 2011 - December 31, 2012. COUNCIL ACTION: 123 RESOLUTION 2011 -31 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, LOCAL 342, POLICE SERGEANTS WHEREAS, negotiations have proceeded between the Law Enforcement Labor Services, Local 342, representing Police Sergeants of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2011 and 2012. WHEREAS, changes to the current contract are attached, and a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2011 and 2012 for LELS, Local 342 - Police Sergeants, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this day of May, 2011. Offered by: Seconded by: Roll Call: Ayes: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 124 March 21, 2011 CITY OF COLUMBIA HEIGHTS PROPOSAL TO LAW ENFORCEMENT LABOR SERVICES, LOCAL 342 (POLICE SERGEANTS) 1. ARTICLE XI INSURANCE 11.1 The EMPLOYER will contribute up to a maximum of seven hundred and seventy-five dollars ($775) per month per (permanent and probationary full -time) employee for group health and group dental, including dependent coverage, life, and long -term disability insurance for calendar year 2011. 11.2 The EMPLOYER will contribute up to a maximum of eight hundred and five dollars ($805) per month per (permanent and probationary full -time) employee for group health and group dental, including dependent coverage, life, and long -term disability insurance for calendar year 2012. 11.3 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, and group dental insurance. 11.4 Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. 2. ARTICLE XV SICK LEAVE 15.4 Any employee leaving the municipal service in good standing after giving proper notice of such termination of employment shall receive severance payment based on their most recent salary level for earned and unused sick leave based on the following schedule: During employment year 1 -5: 20% During employment year 6 -10: 33% During employment year 11 -19: 40% During employment year 20 +: 50% All such sick leave severance pay will be placed into the employee's Post Employment Health Care Savings Plan on a mandatory basis, in accordance with IRS regulations. 3. ARTICLE XIX WAGE RATES 19.1 Effective January 1, 2011: Entry: $6,333 per month After 1 year: $6,529 per month 19.2 Effective January 1, 2012: Entry: $6,396 per month After 1 year: $6,594 per month 19.3 As a form of additional compensation, the City will contribute $1 per permanent and probationary full -time employee toward a city - sponsored deferred compensation program for every $1 contributed by such employee toward such city- sponsored deferred compensation program. Such employer contribution will not exceed $425 for calendar year 2011, and $425 for calendar year 2012. 4. ARTICLE XXI OVERTIME 21.8 An employee may choose to receive compensatory time in lieu of monetary payment for overtime hours worked. Compensatory time may be accumulated to a maximum of 36 hours. 125 March 21, 2011 5. ARTICLE 30(H COURT TIME Change in last sentence of article only: Maximum accumulation of compensatory time, however earned, cannot exceed 36 hours. 6. ARTICLE XXV DURATION This AGREEMENT shall be effective as of January 1, 2011, except as otherwise noted, and shall remain in full force and effect until the thirty-first day of December, 2012. 126 CITY COUNCIL LETTER Meeting of: 05/09/11 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: LIBRARY: REPLACEMENT OF LIBRARY BY: K. Hansen, B. Loader BY: r i ROOFTOP UNITS 5/4/11 l f DATE: DATE: r " Background: The Library had established $20,000 in the 2011 adopted budget to address building mechanical needs and deficiencies of the HVAC system. The work is to replace two package rooftop units: The center -roof air conditioning (only) and the east side -roof heating and cooling unit. Analysis /Conclusions The center rooftop unit has stopped working and the east side unit is approaching 25 years old. Both units have passed their useful operational life. The units are proposed to be replaced with high efficiency units making them eligible for rebates. Energy Efficiency: The energy efficiencies for these replacements are expected to provide an estimated annual savings of $880. Rebates: Xcel Energy has rebates available in 2011 based upon the energy efficiency and size (tons). Under this program, the air conditioners would qualify for a rebate of $1,500 from Xcel Energy. Based upon the low bid received, the cost of the air conditioners is reduced to $19,943 including the rebates. Plans and specs were provided to 6 contractors for the Library rooftop units, with two contractors providing bids as follows: NSi- Horwitz Mechanical: $24,825 NAC Mechanical: $20,663 An add - alternate bid was requested for a CO, sensor to provide demand control for the ventilation air in the building adding to the operational efficiency. Bids were $580 from NSI and $780 from NAC for this sensor. Staff recommends acceptance of the add - alternate bid. The Library has $20,000 established in the 2011 adopted budget under General Government Buildings - Library Fund 411- 45500- 5180. Recommended Motion: Move to accept the bids and award a contract to NAC Mechanical and Electrical Services in the amount of $20,663 and add alternate 1 in the amount of $780 for a total contract award of $21,443; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. COUNCIL ACTION: • 127 CITY COUNCIL LETTER Meeting of: May 9, 2011 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: 37 and Central Redevelopment BY Scott Clark BY: , _ f ' I Agreement DATE: May 3, 2011 Background Information: Over the past two months the City's Economic and Redevelopment Authority has reviewed modifications to the 37 and Central Redevelopment Agreement that would allow the construction of a 7,600 sq. ft. retail facility. The EDA approved the Amended and Restated Agreement, dated May 2, 2011, unanimously with an amendment that the Commencement Date should be October 1, 2011. If construction does not start by that date the Agreement will have to be renegotiated. In order to save paper, the Council has not received another copy of the Agreement. If the general public desires a copy they can contact the Community Development Department and if any Council member wants the final executable copy staff will provide the same. The Agreement was written as a three part agreement, and as such, the City Council needs to approve the document. Recommendation: Staff recommends approval as written, and approved by the EDA, with the amendment to the Commence Date and Loan Document of October 1, 2011. Recommended Motion: Motion: Move to Approve the Amended and Restated Contract for Private Redevelopment by and between the Columbia Heights Economic Development Authority and the City of Columbia Heights and 37` and Central LLC dated May 2, 2011. COUNCIL ACTION: 128 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: May 9, 2011 Discussed at work session of May 2, 2011 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROV L ITEM: Developing a new City BY: Web Site Committee BY: y I �. Website DATE: April 28, 2011 DATE :. ; NO: Background: The City of Columbia Heights' current website was upgraded and slightly enhanced approximately eight years ago. This was done as a low budget enhancement. The result of this was a significant clean up from what the website had been previously. However, as it was done low budget, it left us with a website that is very difficult to manage and very time consuming to make changes or updates because of the structure and programing language that was used. A simple task, such as drawing a box around an item or section of information involves basic programing defining where each line of the box should start and end. This has made keeping the website up -to -date, providing a user friendly appearance, and timely information virtually impossible. City Wide Image Committee: The City Wide Image Committee, as part of their overall goal to improve the image of Columbia Heights, has reviewed the City's current website and made recommendations for enhancing it and improving the City's image. With these recommendations, the IS department did a significant amount of investigation and research into the most cost - effective, long term solution for developing and maintaining a website that would be easy to manage, and departments could maintain their own sections and do upgrades. The IS department is recommending CivicPlus as the most cost- effective solution. With that recommendation, the Image Committee and Division Heads reviewed several of CivicPlus's city websites as well as the structure that they use for making updates and maintaining a website. From that review it was the consensus that CivicPlus provided a good cost - effective solution. Staff Recommendation: Staff recommends entering into a contract with CivicPlus for a total redo of our current website and to provide software that will easily and cost effectively manage our website. The first year projected set- up cost to totally redo the site would be $31,537 including the first year of maintenance. After that, CivicPlus would provide ongoing updates and software enhancements for an annual fee of $3,000 plus 5% for inflation. The first year cost for developing a website for Top Valu Liquor would be $3,100. The 2011 budget includes $50,000 in General Fund Contingencies that could be used for this project. Another alternative is to appropriate funds in the Cable TV fund for this project. In the past, most of the city's website expenses have come from the Cable TV fund. A second motion has been included that would appropriate funds in the Cable TV fund for this expense. Recommended Motion: Move to authorize the Mayor and City Manager to enter into an agreement with CivicPlus for the development of a new city website and provide ongoing supportive services, based on their proposal of March 16, 2011. Recommended Motion: Move to appropriate $35,000 in the Cable TV fund to cover the first year expenses of developing a new city website. COUNCIL ACTION: 129 City of Columbia Heights New Website Development Costs Based on CivicPlus proposal of March 16, 2011 CivicPlus Website development and support/hosting costs Establish Web Site's Focus Phase 1: Analysis and Timeline Development $1,524 Phase 2: Website Design $4,370 Phase 3: Navigation Architecture Development $385 Phase 4: Modules and Site Setup $1,549 Phase 5: Content Development 100 pages /500 suppoting elements $3,374 Phase 6: Test and Review, Establish Future Expectations $1,313 Phase 7 : 3 Days of On -Site Training for 10 employees $5,890 Phase 8: Go -Live and Project Review $762 Phase 9: Marketing (registration with all major search engines) $250 Phase 10: Ongoing Consultation Included Mobile Website Detection and Browsing Included Google Language Translation Included SSL Setup and Hosting - CivicPlus Purchases Included Blog Share Facebook Twittter Integration On -Site Strategic Planning (2days of meeting with up to 12 departments) J $4,560 Post - Training Option (Three month follow up and review) I $4,560 Subtotal for development and deplotment $28,537 First Year Annual Support, Maintenance and Hosting Fee $3,000 $31,537 Projected 5 Years Minimum Cost Inflation factor 5% Cost Year 1 Included above Year 2 $ 150.00 $ 3,150.00 Year 3 $ 158.00 $ 3,308.00 Year 4 $ 165.00 $ 3,473.00 Year 5 I $ 174.00 $ 3,647.00 Total five year cost $45,115 Average annual cost $9,023 Setup Top Valu Liquor Web Site Website Design $2,500 First Year Annual Support, Maintenance and Hosting Fee $600 First Year Annual Support, Maintenance and Hosting Fee $3,100 130 CITY COUNCIL LETTER Meeting of May 9, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman B Licenses l NO: DATE: May 4, 2011 Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for May 9, 2011 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 131 Print �ent�lm�����e L ����ses �� to acs41m Avenue w.e.' Columbia Heights, mm 55421 Ph: r63-rno'o1es' Fax: raa-roa'o1s1 10210 4453 7TH ST NE Briokner.Riuk F10723 623OHwyGGNE#1O3Sutie#1U3 �1SU�UO Frid|ey.K8N55432 34001 4G35UN|V�RS/TYAVENE Seki�ovio.YNaumer F10705 PO Box 21314 Apt #3 $ 150.00 Columbia Heighta, MN 55421 Total # of Licenses 2 05/04/20I1 II']0 Page 1 . 132 ? .Y I, << Print Rental Licenses to m WIP '' �° approve by CC \\\‘3Y . 4i4';J44. 42-1411.°54 0,44:4 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 -706 -8156 - Fax: 763 - 706 -8151 10027 3854 TYLER ST NE Yesnes, Dan F10918 1053 P.O. Box 5032 $ 150.00 Hopkins, MN 55343 10030 4344 2ND ST NE Sila, Frederick F10983A 100 10812 Fillmore St $ 150.00 Blaine, MN 55434 10034 344 40TH AVE NE Gondek, Michael F10982 100 334 NE 40th Avenue $ 150.00 Columbia Heights, MN 55421 10104 325 SUMMIT ST NE Gondek, Michael F10928A 100 334 40th Avenue N.E. $ 150.00 Columbia Heights, MN 55421 10130 3974 HAYES ST NE Seubert, LLC F10922 1050 3988 Hayes Street NE $ 150.00 Columbia Heights, MN 55421 10142 1012 45TH AVE NE Moden, Tanya F10823 100 3429 McKinley ST NE $ 150.00 Minneapolis, MN 55418 10167 3723 2ND ST NE Osterberg, Donald F10972 100 11448 Palm Street NW $ 150.00 Coon Rapids, MN 55448 10181 4109 MAIN ST NE Chandonnet, Robert F10831 100 21425 Vale Street N.W. $ 150.00 Oak Grove, MN 55011 10203 4136 MADISON ST NE Mulfinger, Jeffery F10760 100 323 Monroe Ave S. $ 150.00 Hopkins, MN 55343 10209 3708 2 1/2 ST NE Cities Home Rentals F11003 1040 1845 Stinson Pkwy #212 $ 150.00 Minneapolis, MN 55418 10219 1717 INNSBRUCK PKY NE Jacobus, Dan F10936 100 2060 Chatsworth Ct. $ 150.00 Roseville, MN 55113 05/04/2011 11:30 Page 1 133 k- 4,7 0.444 4i 4 44 Print Rental Licenses to approve by CC 825 41st Avenue N.E. - Columbia Heights MN 55421 - Ph: 763-706-8156 - Fax: 763-706-8151 10283 8O147TH AVE NE Morlock, Nita F10885 100 5O2U Page Avenue N.E. $ 150.00 St. Michael, MN 55376 12006 3879 POLK ST NE Brockway, Charles F10923 100 3O81 Polk Street NE $ 150.00 Columbia Heighta, MN 55421 12061 3967 POLK ST NE Stenger, Stephen F10956 100 3gGQ Polk Street $ 150.00 Columbia HeiOhto, MN 55421 20053 4148 TYLER ST NE Rathje, Lesley F11000 100 5537 Lathrop Ave NW $ 150.00 Annonda(e, MN 55382 20130 5128 WASHINGTON ST NE My Republic LLC F10969 1050 1360 University Ave. W. STE #152 $ 150.00 St. Paul, MN 55104 20134 1116 45TH AVE NE Medina, Julio F10957 100 1520 Monroe St $ 150.00 K8innoapo|io, MN 55413 28188 4215 2ND ST NE Suh|oaooer, Ronald F11033 I00 3234 Innsbruck Drive N. $ 150.00 New Brighton, MN 55112 20218 4610 FILLMORE ST NE /eaa. Sonje F10978 100 5867 Central Avenue N.E. $ 150.00 Fridley, K8N55432 20242 4624 TAYLOR ST NE Pomenoy.VVeUyn F10095 100 740 107th Court N.E $ 150.00 Blaine, MN 55434 20266 4606 4TH ST NE Lobcka.A|an F10988 100 38643 Hwy71 S $ 158.00 Sauk Centna, MN 56378 20271 4937 JACKSON ST NE Nopo�o. Alice F10968 100 7645 Garfield Avenue 8.APT#5 $ 150.00 Richfield, kAN55423 05/04/2011 I1:30 Page 2 134 Print Rental Licenses to approve by CC 825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763-706-8156 - Fax: 763-706-8151 20321 3951 POLK ST NE Wrobel, Lisa F10889 100 3Q4G Polk Street $ 150.00 Columbia Heightn, MN 55421 30OO8-NC3838 TYLER STNE Parker, Theodore F11806 100 3839 Tyler Street $ 160.00 Columbia Heights, MN 55421 30055 1400 47TH AVE NE Demetriou, Martha F10855 100 1115Q Holland Circle $ 410.00 Eden Prairie, PWN55347 30119 4628 TYLER ST NE AminhaaCo Prnpertieo, LLC F10062 I050 8132 York Aye. S. $ 211.00 Bloomington, MN 55431 30148 4032 VAN BUREN ST NE Owens, Scott F18890 IUO P.O. Box 582209 $ 188.00 Minneapolis, MN 55458 Total # of Licenses 27 05/04/201I 11:30 . Page 3 135 CITY COUNCIL LETTER Meeting of May 9, 2011 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: Business License Agenda BY: Shelley Hanson DATE: NO DATE: May 4, 2011 BY BACKGROUND/ANALYSIS Attached is the business license agenda for the May 9, 2011 Council meeting. This agenda consists of applications for Contractor licenses for 2011. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required_ If not ubrn ;tted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for May 9, 2011 as presented. COUNCIL ACTION: 136 TO CITY COUNCIL May 9, 2011 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES - 2011 BLDG EDS Builders 404A St Croix Trail, Lakeland $60 Merlin Goble Masonry 2370 Co Rd J #105, Wht Bear Lk $60 Dave Dempsey Plumbing 17264 165 St, Big Lake $60 137 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: May 9, 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 138794 through 138967 in the amount of $ 1.468,196.17 . 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Z N. a 0 000 W U)U.1a U G� , U3m(xcna 0 i -,00 r� W Z 0 o G. up ,-1 a o to --,... p Z I ,- 11 rnd' N 'riODNlu O Z Z I Z 8 0u1 1 0000 dl r- h V' r- r- O 11 N rn rn n O o 0000 N L-c000 rQO 0 [x., 1 H N N N N N N N N 01 rn on d' d' a' a' , r C' d'd'w w w , ,c, 10 r- r- op op co H 01 W 1 (1"( O H CITY COUNCIL LETTER Meeting of: May 9, 2011 AGENDA SECTION: ORDINANCES AND RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVA ITEM: FIRST READING OF ORDINANCE NO.1600, AN BY: CHARTER COMMISSION BY: ORDINANCE PERTAINING TO CHAPTER 8, DATE: 5 -3 -11 DATA' , SECTIONS 75 through 86, LOCAL f. ' 1 %, IMPROVEMENTS AND SPECIAL ASSESSMENTS � and ORDINANCE NO. 1601, AN ORDINANCE PERTAINING TO CHAPTER 6, SECTION 56, PURCHASES AND CONTRACTS NO: The Charter Commission has been reviewing various sections of the charter for some time now. In discussions with the City Attorney, the Charter Commission members have held two readings on above mentioned chapters and sections. The City Attorney is recommending that Sections 75 through 86 be deleted and replaced with one new sentence in Section 75 to be in compliance with State Statutes. The Charter Commission has held numerous discussions on Chapter 6, Section 56, Purchases and Contracts, in regard to the dollar amount that the City Manager is able to spend without council approval. After these discussions, it has been decided to update the amount of the City Manager's spending limit without council approval as it stands at this time, which is $15,000. RECOMMENDED MOTION: Move to waive the reading of the Ordinance Nos. 1600 and 1601, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1600, being an ordinance amending Chapter 8, Sections 75 through 86, of the Charter of the City of Columbia Heights to May 23, 2011 in the Council Chamber at approximately 7:00 p.m.. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1601, being an ordinance amending Chapter 6, Section 56 of the Charter of the City of Columbia Heights to May 23, 2011 in the Council Chamber at approximately 7:00 p.m. COUNCIL ACTION: 146 ORDINANCE NO. 1600 BEING AN ORDINANCE AMENDING CHAPTER 8, SECTIONS 75 THROUGH 86 OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTIANING TO LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS The City of Columbia Heights does ordain: Section 1:Chapter 8, Sections 75 through 86 of the Charter of the City of Columbia Heights which currently reads as follows to wit: LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. The city of Columbia Heights shall have the power to lay and construct, extend, relay and repair, and maintain, directly by day labor, or by contract, pavements, curb and gutters, sidewalks, sewers, water mains, electric conduits, and any and all other local improvements in or under the streets, alleys and public places in the city. Section 76. POWER TO LEVY SPECIAL ASSESSMENTS. The power of the city of Columbia Heights, under the conditions of this charter specified, to provide by any lawful method for the payment of the whole or any part of the cost of any local improvement by special assessments upon the property specially benefitted thereby, shall not be denied, and the city of Columbia heights shall possess this power as fully as any other city in the state. The amount assessed to be property specially benefitted, to pay for such local improvements, shall not, however, exceed the amount of the benefits received by such property. Section 77. LOCAL IMPROVEMENTS, HOW MADE. The council shall have the power to undertake local improvements by resolution passed by four -fifths of its members. The council shall make such local improvements upon petition of not less than fifty percent of the resident owners of the real estate to be assessed therefore as shown by the records in the office of the register of deeds of Anoka County. The council may thereupon assess the cost of such improvement, or any portion thereof, against the property specially benefitted by such improvement. When the council shall determine to make any improvements described in this chapter, it shall cause an estimate of the cost of such improvement to be made by the city manager. In no case shall the amount specially assessed for any one year exceed fifty percent of the last total full valuation of all the real estate within the benefitted area as shown on the assessor's books by the assessment last made. In computing the value of the real estate, all improvements are to be excluded. In computing the above mentioned fifty percent, outstanding and unpaid special assessments against the property in the benefitted area shall be considered part of such fifty percent. After such estimate is made, the council may proceed at once to 147 assess the estimated cost thereof, against the property to be benefitted thereby, in proportion to the benefits to result thereto. The above fifty percent shall not be construed as limiting the council in spreading assessments on the individual properties. In making such assessment roll, the council shall describe each parcel of land assessed and state the amount assessed against the same, and shall state the name of the owner thereof as far as known to the council, but any mistakes in or omission of such owners name shall in no way affect such assessment. If the work is completed before any assessment is made or if the amount assessed shall be insufficient to complete the work, the council, after the completion of such work, shall make a final assessment to pay the same. To defray the expenses ofsuch improvement, the city may, acting through its council, by ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such ordinance may be passed as an emergency ordinance. Such certificates of indebtedness shall be payable in annual installments as nearly equal in amount as conveniently may be, over a period not exceeding ten years from their date, shall bear interest at a rate not to exceed six percent per annum, payable annually or semi-annually, which interest may be evidenced by appropriate interest coupons and shall be in such form and denominations, all as the council shall by ordinance determine and shall be signed by the mayor and city manager and countersigned by the city Treasurer. Such certificates of indebtedness may be used in making payment on contracts for the improvements for which the assessments are made or may be sold for cash for not less than par value thereof and the proceeds credited to the Permanent Improvement Fund and used for paying for said improvements. Monies received from said assessments shall be used to pay said certificates of indebtedness and if the monies received from such assessments are insufficient to meet the payment of the principal and interest of said certificates of indebtedness, the council shall provide monies for the payment of the same. The amount of such certificates of indebtedness at any time outstanding shall not be included in determining the city's net indebtedness under the provisions of this chapter. (Ordinance No. 1551, passed August 25, 2008) Section 78. APPEAL FROM ASSESSMENT. Any party interested in any property assessed under this chapter may appeal from such assessment to the district court of Anoka County, within thirty days after the publication of the notice of confirmation thereof by the council. Such appeal is hereby declared to be the exclusive way in which such assessment can be revised, modified, amended or annulled. Section 79. NOTICE OF APPEAL. Said appeal shall be made by filing a written notice with the city clerk, stating the party appeals to the district court from the assessment, and containing a description of the property nf the appellant so assessed, and the objection ofthe appellant to the assessment, and by fihing with the clerk ofthe district court within ten days thereafter, a copy ofthe notice ofappeal. In case ofan appeal, the council shall cause a copy of the assessment roll to be made and filed with the clerk ofthe district court within ten days frorn the time ofthe service of the notice of appeal. In case the return so made to the district court shall in any respect be defective, or insufficient, the court may require a further return to be made. The 148 cause shall be entered by the clerk of the district court in the name of the person taking the appeal against the city as an "Appeal from Assessments," and it may be brought on for hearing by either party, the same as other cases of the district court. Section 80. TRIAL OF ASSESSMENT APPEAL. Such appeal shall be tried by the district court without a jury, at a general or special term, without pleadings other than as above stated. Upon such trial, the appellant can make no other objections to the assessment than those stated in the notice of appeal, but the court may, in its discretion, permit such notice to be amended in this respect at any time. The court shall hear such competent evidence as may be offered by either party, and may revise, correct, amend, reduce, or confirm the assessment appeal from, or make such new assessment so as to avoid errors complained of. The assessment roll shall, when confirmed by the council, in all cases, whether on an appeal, or otherwise, and in all courts, be prima facie evidence of the validity of all proceedings up to, and including the confirmation of the assessment. Disbursements, but no statutory costs, may, in the discretion of the district court, be allowed upon an appeal from assessments as in other civil cases, but the judgment entered therefore against the city shall be a separate judgment and paid out of the general fund of the city. From the determination of such appeal by the district court, either party may appeal to the supreme court of the state. (Ordinance No. 1086, passed June 11, 1984) Section 81. RE- ASSESSMENTS. If an assessment shall be set aside by the district court for any cause, jurisdictional or otherwise, the council shall proceed in like manner as herein required in relation to the first assessment; provided. however, that if the assessment as to any parcel of land shall not be appealed from. or shall not have been set aside by the court, the council, in any subsequent assessment or re- assessment. may omit the pieces or parcels of land as to which the first assessment shall have been paid. As often as an assessment, or re- assessment, against a piece or parcel of real estate, assessed for any local improvement, is set aside, the same shall be re- assessed until said property shall have paid its proper proportionate share of the benefits accruing from said improvement. Section 82. PLAN OF ASSESSMENTS. Whenever the council shall determine to make any local improvements. the cost of which may lawfully be assessed against the benefitted property, it shall determine and designate in a general way the character and extent of such improvement and the materials to be used, and thereupon it shall order a careful estimate to be made by the city manager of the cost of such improvements, together with a list of the several lots and parcels of land fronting upon and adjacent to such proposed improvement which the city manager deems benefited thereby, and the names of the owners of the several parcels, as nearly as can be ascertained. After receiving such estimates the council shall determine what property will be benefited by such local improvement, and shall thereupon publish in the manner provided by this charter a list of all such property, with the names of the owners so far as the same can be ascertained, or in lieu of such list, a designation of the benefited district by giving the boundaries thereof, together with a notice of the time and place when and where all persons interested may appear and be heard by the council with respect to benefits and to the proportion of the cost of the improvement to be assessed against their property. If the council determines to proceed with such improvement, it shall 149 estimate and fix the cost thereof and shall and assess and levy such proportion or amount of such cost upon benefited property in its proportion as it may deem the same benefitted; and for such purpose shall adopt an assessment roll in such form as it may determine, and fix the time when payments may be made. The lien of such assessment shall attach to all property assessed as of date of adoption of the assessment roll by the council. (Ordinance No. 1086, passed June 11, 1984) Section 83. PAYMENT OF ASSESSMENTS. The council may provide for payment in a lump sum or in annual installments for a period of not over thirty years, and it shall provide for extending payments over a period of years if so requested in the property owners' petition. All interest charges and miscellaneous costs shall, if not previously paid, be included in the tax bill for the last installment of such assessment. The council shall provide by ordinance a uniform rule as to the number of years over which payments for various local improvements shall be extended. (Ordinance No. 1392, passed June 14, 1999) Section 84. PENALTY FOR DELINQUENCY. Each assessment or installment not paid within the time fixed for payment by the council shall be deemed delinquent and a ten percent penalty shall be added. Section 85. CERTIFIED TO AUDITOR. In each year the council shall cause to be made a certified statement of the several pieces of land against which assessments have been made and are delinquent, describing the land affected and giving the amount of the assessment with penalties added, which certified statement shall be filed with the county auditor of Anoka County, on or before the tenth of October each year. It shall be the duty of the county auditor to extend assessments with penalties, as shown by such certified statement, upon the tax rolls of the county for taxes of the particular year in which the assessment is filed. and the same, for each year ending October 15th, shall be carried into the tax becoming due and payable in January of the following year and shall be enforced and collected in the manner provided for the enforcement and collection of state and county taxes under and in accordance with the provisions of the general laws of the state, except that in court proceedings to enforce the collection of taxes, no defense as to the validity of any such assessments shall be permitted. Such assessments, if not paid, shall become delinquent and be subject to the same penalties and the same rate of interest as the taxes for state and county purposes under the general laws of the state. Section 86. COUNTY TREASURER COLLECTOR FOR CITY. All assessments with penalties and interest thereon paid to the county treasurer shall belong to the City of Columbia Heights, and shall be turned over to the city treasurer in the manner provided in this charter and by law. IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. The city of maintain, directly by day labor, or by contract, pavements, curb and gutters, sidewalks, : - - - - , alleys and public places in the city. The council shall have the power to undertake local improvements and assess the cost of such improvements or any portion thereof, against any property specially benefitted by such improvement. Any such 150 improvements and any assessments thereunder, shall be in accordance with the general laws of the State ofMinnesota. ^ e .a," e A ~, ~• '~ . . .. . . . ~�-^ ; :~ ial assessments upon the property specially hencfitted thereby, shall the state. The amount assessed tohr property specially benefitted, to pay for socbk)ca|bnprovcmcutn,abo||ooLho°/cvcccxcccdthouuznuotofUhcboncfiturcrcivcd by such property. , -�0~ ~,~ N^'mr r � m^^�^` ~ �' members. The council shall make such local improvements upon pctition of not less than '~ - ; ^ ^- - v ^~ ~:' ~ : eds of Anoka County. The council may ^' ',:2 . - ^' z . h improvement, or any portion tboremf, against tho 2:~~ ,~ - • m ~'- ~ uch • When the council shall determine to make any improvements described in this chapter, d shall cause an estimate ofthc cost ofsuch improvcmcnt to be made by the city -manager. In no case shall the amount specially assessed for any one year exceed fifty ~ ' ' ~ —~, ' value ofthc real estate, all improvcmcnts are to be cxcludcd. In above mentioned fifty percent, outstanding u^: ~' ~ '~ . ~ —~~ After such estimate is made, the council may proceed at once to assess the estimated cost thereof, against thc property to bc benefitted thereby, in proportion to the benefits to result thereto. Thc above fifty perccnt shal! not be construcd as limiting the council in spreading assessments oothe individual properties. In making such assessment roll, thu the samc,and shall state the nau�coftbcovvuor thereof ao far uoknonvuto the counciLbut . .. . insufficient to complete the vvork, the council, after the completion of such n/ock, shall make a final asscssment to pay thc same. ordinance, issue its certificates of indebtedness in such amount as may be necessary. ~ ^ • . - '~' ~ '^ ~ cy ordinance. Such certificates of indebtedness shall be payable in annual installments as nearly equal in amount u» . . . ' ' ` ' ~ ~ ^ ' ' ` - : ' ^- '' ^-'^ ' �^ ' :le annually or semi annually, which interest may be evidenced by appropriate interest coupons and shall be in such 151 improvements for which the assessments are made or may be sold for cash for not lest than par value thereof, and the proceeds credited to the Permanent Improvement Fund be used to pay said certificates of indebtedness and if the monies received from such g ame. The amount of such certificates of indebtedness at any time outstanding shall not • • I. - _ - , ,, ,.., .arty interested in any property assessed under this chapter may app al from such assessment to the district court of thereof by the council. Such appeal is hereby declared to be the exclusive way in which * .. • court within ten days thereafter, a copy of the notice of appeal. In case of an appeal, the the district court within ten days from the time of the service of the notice of appeal. In insufficient, the court may require a further return to bc made. The cause shall be entered city --as an "App al from Assessments," and it may be brought on for hearing by either party, the same as other cases of the district court. • •! . • •► -- - - - - -: • . _ - - : of appeal, but the court may, in its discretion, permit such notice to be amended in this respect at any time. The court shall hear such reduce, or confirm the assessment appeal from, or make such new assessment so as to all cases, whether on an appeal, or otherwise, and in all courts, be prima facie evidence of D ' .. . . . . _ , . •- - - . • - - _ - -- . ! .. !. :, • e -3!84} 152 court for any cause, jurisdictional or otherwise, the council shall proceed in like manner • -: - • •: • - - first assessment; provided, however, that if the improvement. benefittcd property, it shall determine and designate in a general way the character and such proposed improvement which the city manager deems benefited thereby, and the such local improvement, and shall thereupon publish in the manner provided by this .. ._ -- -- -r ... . - , - - a nmiee of the time and place wh- - . - : ... - • - .. • - - -- - - - .. • - such imprevcmcnt, it shall estimate and fix the when payments may be made. The lien of such assessment shall attach to all property L.` • provide for extending payments over a period of years if so requested in the property paid, be included in the tax bill for the last installment of such assessment. The council ,hall provide by ordinance a uniform rule as to the number of years over which Section 84. PENALTY FOR DELINQUENCY. Each assessment or installment not ten percent penalty shall be added. 153 - - - - - - - - -- • - - • - -- • • : .he land affected and giving the amount of the assessment with penalties added, which certified statement shall be filed with the county auditor of Anoka County, on or before the tenth of October each year. It shall be the duty of the county auditor to extend assessments with pcnaltics, as shown by such certified statement, upon the tax rolls of the county for taxes of the particular year in which the assessment is filed, and the same, for each year ending October 15th, shall be carried into the tax becoming due and payable in January of the following year and shall be enforced and collected in the manner provided for the enforcement and collection of state and county taxes under and in accerdance with-the provisions of the general laws of the state, except that in court proceedings to enforce the collection of taxes, no defense as to the validity of any such assessments shall be permitted. Such assessments, if not paid, shall become delinquent and be subject to the same pcnaltics and the same rate of interest as the taxes for state awl- cetm-ty . :: - . - : - - : • • . - state. Columbia I- Icights, and shall be turned over to the city treasurer in the manner provided in this charter and by law. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading. Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 154 ORDINANCE NO. 1601 BEING AN ORDINANCE AMENDING CHAPTER 6, SECTION 56 OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO PURCHASES AND CONTRACTS The City of Columbia Heights does ordain: Section 1: Chapter 6, Section 56 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: PURCHASES AND CONTRACTS. The city manager shall be chief purchasing agent of the City. All purchases and contracts on behalf of the City shall be made by the City Manager, but subject to the approval of the City Council whenever the amounts of such purchases or contracts exceeds $3,000. Said amount may be amended by a simple majority ofthe Council by resolution. All contracts for the conveyance of any real estate by the city shall be signed by the Mayor and the City Manager on behalf ofthe City and shall be executed in the name of the city. IS HEREWITH AMENDED TO READ AS FOLLOWS: PURCHASES AND CONTRACTS. The city manager shall he chief purchasing agent ofthe City. All purchases and contracts on behalf of the City shall be made by the City Manager, but subject to the approval of the City Council whenever the amounts of such purchases or contracts exceeds X000 $15,000, the current amount set by the council. Said amount may be amended by a simple majority of the Council by resolution. All contracts for the conveyance of any real estate by the city shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the city. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 155 CITY COUNCIL LETTER Meeting of: May 9, 2011 AGENDA SECTION: ORDINANCES AND ORIGINATING CITY RESOLUTIONS DEPARTMENT: MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: SECOND READING 0F� B Y' CHARTER BY: / 0 OF: BY: '`f ORDINANCE NO 1596, AMENDING SECTION COMMISSION ^ , . / 28A, PERTAINING TO THE PRJMARY ELECTION; DA '�� / ORDINANCE NO. 1597, SECTION ^ ' 4, [)ATE: 5/3/|/ --~~`� �],PSKTAlY�lN0T0CANY&S0F ELECTIONS; �7 ^ / ORDLNANCE NO. 1598, AMENDING CHAPTER 7, SECTION 70, PERTAINING TO TAXATION AND FINANCE (RECEIPTS GO TO THE CITY TREASURER) N(}: 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 compiiance with state statutes and/or to perform general "housekeeping" A first reading ofthese ordinances was held on April 25, 2011. RECOMMENDED MOTION: Move to waive the reading of Ordinance Nos. 1596, 1597, and 1598, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1590, being an ordinance amending Chapter 4, Section 28a, of the Charter ofthe City ofCo!umbia Heights pertaining to The Primary Election. RECOMMENDED MOTION: Move to adopt Ordinance No. 1597, being an ordinance arnending Chapter 4, Section 33, ofthe Charter ofthe City ofColumbia Heights pertaining to Canvas of Elections. RECOMMENDED MOTION: Move to adopt Ordinance No. 1598, being an ordinance amending Chapter 7, Section 70 ofthe Charter ofthe the City of Columbia Heights pertaining to Taxation and Finance (Receipts to go to City Treasurer). COUNCIL ACTION: 156 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. THE PRIMARY ELECTION. A primary municipal election shall be held 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. 157 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) 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, CMC City Clerk 158 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. CAi V S vF ET EaCTIONS. The council shall meet. and canvas the election returns within 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 (0 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, CMC City Clerk 159 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. (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, CMC City Clerk 160 CITY COUNCIL LETTER Council Meeting of: May 9, 2011 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Adoption of proposed Ordinance BY: Community BY..r changes. Development, Fire and Police j 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 161 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 file for the duration of the lease and allow access to these files by the police department. RECOMMENDED 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 adopt Ordinance No. 1590, being an ordinance amending Ordinance No. 1490 City Code of 2005, regarding weed removal. RECOMMENDED MOTION: Move to adopt Ordinance No. 1591, being an ordinance amending Ordinance No. 1490 City Code of 2005, regarding public nuisance. RECOMMENDED MOTION: Move to adopt Ordinance No. 1592, being an ordinance amending Ordinance No. 1490 City Code of 2005, regarding property maintenance. COUNCIL ACTION: 162 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. 163 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. , 4\ S...,L L vegetation Council L..II f ti t,. t:....,. .J,.f.:......t L., lu) JUL11 other vege1aliu1i as the '. 0U11L11 Jua 110111 LIII1 to L1u1G, designate LL. u 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. (E) For the purpose of this section, the following definition shall apply. 164 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. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: April 25, 2011 Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary Peterson Attest: Patricia Muscovitz, CMC, City Clerk 165 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 fart forthwith to the City C'.oiincil 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 166 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 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. 167 OWNER. The person who is listed as the contact person on any current renta 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. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: April 25, 2011 Second Reading: Date ofPassage: Offered by: Seconded by: Roll Call: Mayor Gary Peterson Attest: Patricia Muscovitz [MC, City Clerk 168 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 III 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 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 4, Article VII and Chapter 8, Article III 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. 169 (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 ,.L.,, r shall provide requested information r.....ti „n license applications pp..,.ti h o ns w hi c m lam) r- ippii�aui� mull } n UV1U ic� ii wi 11 cl1, app wuiw 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 170 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). (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 n ot previously licensed, they r“:vner of any, pr em i ses Nv l ice n se e x pir es s uh 3 e n, ie nt to cairl r > ' r r h 30 days shall apply to the Propert y 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. 171 (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). (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 IV, 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. 172 (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 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. ui th diff i . �.00 u w context clearly requires S 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 173 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 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)(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. Is herewith amended to read as follows: § 5A.410 CONDUCT ON LICENSED PREMISES /CREME 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. 174 (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 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 1 narind s h a A ll h a c ,,k€tantial and material v ir,ktinn nfth l and annd rai fnr 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. 175 (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)(l) 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 p ro p er t y manager s h a ll no tif y th t enan t n t w ithi n t days o f the n ntire of diso 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 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.41 1 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: 176 (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.41 1 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; 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. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. 177 First Reading: April 25, 2011 Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary Peterson Attest: Patricia Muscovitz, CMC, City Clerk 178