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HomeMy WebLinkAbout06/10/2013 Regular Meeting CITY OF COLUMBIA HEIGHTS Mayor Gary L.Peterson 590 40'h Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Councilmembers Visit our website at.www.ci.columbia-heiQhts.mn.us Robert A. Williams Bruce Nawrocki Tammera Diehm Donna Schmitt City Manarer Walter R.Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday,June 10,2013 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia eights, 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 Pastor Dan Thompson of Heights Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council,upon majority vote of its members,may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline). 4.PROCLAMATIONS, PRESENTATIONS,RECOGNITION,ANNOUNCEMENTS, GUESTS A. Humanitarian of the Year-Armin Bruegger B. New Senior Programs and Activities - Delynn Mulligan 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 for May 28,2013 Pg 5 MOTION: Move to approve the City Council Meeting Minutes for May 28, 2013. B. Accept Boards and Commissions Meeting Minutes MOTION: Move to accept the Traffic Commission Meeting Minutes for May 6,2013. Pg13 MOTION: Move to accept the Planning &Zoning draft Meeting Minutes for June 4, 2013. Pg16 MOTION: Move to accept the EDA Meeting Minutes for May 6, 2013. Pg24 MOTION: Move to accept the EDA Special Meeting Minutes for May 13,2013. Pg3 2 C. Appoint Grace Lee to Planning and Zoning Commission Pg34 MOTION: Move to appoint Grace Lee to the Planning and Zoning Commission effective immediately for a term of 4 years to expire April 2017. D. Approve Resolution 2013-34 -Variance to minimum floor area requirements -4421 5th Street Pg3 5 MOTION: Move to waive the reading of Resolution 2013-34, there being ample copies available 2 City Council Agenda Monday,June 10,2013 Page 2 of 3 to the public. MOTION: Move to adopt Resolution 2013-34 approving a variance from certain conditions of the City of Columbia Heights Zoning Code for 4421 5th Street. E. Adopt Resolution 2013-43, Regarding the 2013-2014 Public Managers'Association Pg4 5 Memorandum of Understandinjz MOTION: Move to waive the reading of Resolution 2013-43, there being ample copies available to the public. MOTION: Move to adopt Resolution 2013-43 regarding the Memorandum of Understanding between the City of Columbia Heights and the Public Managers' Association, effective January 1, 2013 —December 31, 2014. F. Adopt Resolution 2013-44, Being a Resolution Regarding the Manager's Compensation and Pg4 9 Benefits MOTION: Move to waive the reading of Resolution No. 2013-44, there being ample copies available to the public. MOTION: Move to adopt Resolution 2013-44,being a resolution regarding the City Manager's Compensation and Benefits. G. Approve Business License Applications P951 MOTIOIN: Move to approve the items a listed on the business license agenda for June 10, 2013 as presented. H. Payment of Bills Pg5 3 MOTION: Move that in accordance with Minnesota Statue 412.271, subd. 8 the City Council has received the list of claims paid covering check number 148031 through 148202 in the amount of $663,583.39. MOTION: Move to approve the Consent Agenda items. 6.PUBLIC HEARINGS 7.ITEMS FOR CONSIDERATION P961 A. Other Ordinances and Resolutions First Reading of Ordinance 1612 -Zoning Amendment to minimum main floor area requirements for one, one-half and two-story dwellings. MOTION: Move to waive the reading of Ordinance 1612,there being ample copies available to the public. MOTION: Move to set the Second Reading for Monday, June 24, 2013 at approximately 7:00 PM in the City Council Chambers. B. Bid Considerations C. New Business and Reports 3 City Council Agenda Monday,June 10,2013 Page 3 of 3 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 , 1 Walter R. Fehst, City Manager WF/tal 4 Page 1 of 8 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY,MAY 13,2013 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 P.M.ON TUESDAY,MAY 28 2013 IN THE CITY COUNCIL CHAMBERS,CITY HALL, 590 40TH AVENUE N.E.,COLUMBIA HEIGHTS,MINNESOTA. 1. CALL TO ORDER/ROLL CALL/INVOCATION Mayor Peterson called the meeting to order at 7:00 PM. Members Present: Council Member Schmitt, Council Member Diehm, Council Member Nawrocki and Mayor Peterson. Members Absent: Council Member Williams. Staff Present: Acting City Manager Kevin Hansen, City Attorney James Hoeft, and City Clerk Tori Leonhardt. Malcolm Watson gave the invocation. 2. PLEDGE OF ALLEGIANCE -recited 3. ADDITIONS/DELETIONS TO MEETING AGENDA Chief Gary Gorman stated Resolution 2013-41 & 2013-42 should be under Public Hearings item B. Mayor Peterson asked that Resolutions 2013-39 and 2013-40 be removed from the Public Hearings as they have been brought in compliance: Chief Gary Gorman pulled Resolution Numbers 2013-37 and 2013-43 to verify and would put them on the next Council meeting. 4. PROCLAMATIONS,PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Mayor Peterson announced that Bridgeview, a Mental Health Service provided by Lee Carlson Center,will hold their 3ra Annual Breakfast at Murzyn Hall on Tuesday, June 4t' from 7:30 AM- 9:00 AM. Tickets are$20 each and available by contacting Lisa at 763- 783-7440. Peterson also reminded everyone that the dedication ceremony for the Heritage Tower is tomorrow evening with music beginning at 5:45 PM by the Symphonic Winds and the program beginning at 6:30 PM. The monument was erected last week and has been covered since for the unveiling tomorrow evening. Councilmember Nawrocki commented that approximately $14,000 of City money has 5 Page 2 of 8 been used to build the foundation of the Heritage Tower, with an anticipated$2000 more slated for the project. Peterson reminded Nawrocki the roundabout was built with the intention of"Art"being in the middle of it and there is funding. He went on to say, the community has come behind us as they always have and we are very proud of our community. We will be selling bricks until July 10 and then we will build the Hentges Legacy Garden. Most funds will be raised by private donations. Schmitt asked Mayor Peterson if Finance Director Joe Kloiber could do a memo to the Council outlining the available funds for this project. Hansen indicated that in 2005 there were remaining funds,which was dedicated for art to go in the round a bout. 5. CONSENT AGENDA Council Member Nawrocki asked to remove item C for further discussion. Acting City Manager Hansen took the Council Members through the remaining items on the Consent Agenda. A. Approve City Council Meeting Minutes for May 13, 2013 MOTION: Move to approve the minutes of the May 13, 2013 regular City Council Meeting as presented. B. Approve Transfer of Funds for Grant Reimbursement and Overtime Details from General Fund to Police Department Overtime line item MOTION: Move to transfer the following from the General Fund to the Police Department 2013 Budget, line item 1020 Overtime: (1) The $7,006.28 received as reimbursement under the Safe and Sober grant (TZD), and (2) the $4,000.00 received as AHDTF overtime, and (3) the $6,441.71 received as reimbursement under the JAG grant for problem-oriented policing details, and (4) the $1,050.00 received from Anoka County as reimbursement for detox transports, and (5) the$6,237.00 received from School district#13 for providing security at CHHS basketball games. C. Adopt Resolution 2013-35 Accepting Feasibility Report and Authorizing Cleaning and Lining of 4,279 Lineal Feet of Water Main(Under the City of Minneapolis 2013 Program) City Proiect No. 1309 -Removed D. Approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for May 28, 2013 in that they have met the requirements of the Property Maintenance Code. E. Approve re-instatement of rental license. MOTION: Move to re-issue a rental housing license to Aman Aden to operate the rental property located at 3865 Keyes Street N.E. in that provisions of the Property Maintenance Code have been complied with. 6 Page 3 of 8 F. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for May 28, 2013 as presented. G. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 147865 through 148030 in the amount of$657,030.91. Motion by Nawrocki seconded by Schmitt to approve the Consent Agenda items with the exception of item C, which was removed for further discussion. Upon Vote: All ayes. Motion carried. Item C removed for Discussion: Resolution 2013-35 Accepting Feasibility Rgpo and Authorizing Cleaning and Lining of 4,279 Lineal Feet of Water Main(Under the City of Minneapolis 2013 Program) City Project No. 1309 Nawrocki wanted the residents that will be affected with this project to be aware of it and any problems they may occur during the course of the project. Hansen explained this is the 8`''year of the annual program. They go in and clean the water main lines and reline them. Relining prevents rust from redeveloping on them. Total to be cleaned is 4,279 Lineal feet. Critical part is that all of the curb stops have to be accessible and operable. Went out last year and checked all the curb stops in the area and found thirty are remaining that are not accessible or operable. Public Works sent out three letters to residents regarding the project. The project is slated to start on July 2, 2013. Hansen indicated that residents will have temporary water service hooked up during this process and with this there can be a reduction in pressure,but residents will still be able to wash clothes, water their lawns, etc. without any problems. Project should be completed within six weeks of start date.Nawrocki asked if the residents were given cost estimates. Hansen stated yes they were. Motion by Nawrocki seconded by Schmitt to waive the reading of Resolution 2013- 35,there being ample copies available for the public. Upon Vote: All ayes. Motion carried. Motion by Nawrocki seconded by Schmitt to adopt Resolution 2013-35 which accepts the Feasibility Report for the 2013 Water Main Cleaning and Lining Program and orders the Public Improvement for water main cleaning and lining of pipe totaling 4,279 lineal feet,under the City of Minneapolis Cleaning and Lining program for 2013. Upon Vote: All ayes. Motion carried. 6. PUBLIC HEARINGS A. Approve Resolutions No. 2013-41, and 2013-42, being declarations of nuisance and abatement of violations within the City of Columbia Heights. Motion by Diehm seconded by Schmitt to close the public hearing and to waive the 7 Page 4of8 reading of Resolution Numbers 2013-41 and 2013-42, there being ample copies available to the public. Upon Vote: All ayes. Motion carried. Motion by Diehm seconded by Schmitt to adopt Resolutions 2013-41 and 2013-42, 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 property pursuant to City Code section 8.206. Upon Vote: All ayes. Motion carried. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations Accepting Bids and Awarding a Contract for the Commercial Water Meter Replacement Program Motion by Diehm seconded by Schmitt to accept bids and award the 2013 Commercial Water Meter Replacement Program, City Project No. 1309, including Schedules 1 and 2 to Ferguson Waterworks of Blaine MN based upon their low, qualified responsible bid in the amount of$214,237.05 with funds to be appropriated from Fund 651-51309-5185; and, furthermore,to authorize the Mayor and City Manager to enter into a contract for the same. Discussion: Nawrocki asked if we had previous information that the contract went to someone else. Hansen briefly explained that there are two parts to what we are asking tonight. One is accepting bids and one is to approve the purchase of MXU's. We did go out to public bids on the replacement of all of our commercial meters and those bids were prepared by the firm TKDA and they prepared the bid documents. We received three bids. We did not consider the high bid from Dakota and the two low bids were within about$2000 of each other. There are two parts to the bids, one is for the installed cost and the second is for a guaranteed cost for their second meter. We replace about 50-100 per year. That amount does very,but we wanted to get a guaranteed cost for them. Sensus did give us a lower cost,but in the TKDA recommendation letter,they did not meet all the standards for brass bodied meters. They have composite meters and have a different way of reading. Based on TKAD recommendation we are recommending going with Ferguson. Nawrocki previously asked for an amount or estimate of how much money we would be saving by changing out these meters. He was told it would be about 7%. The rate the commercial is paying is more because of the estimating. Hansen clarified that in 1999 and 2000 the City went in and replaced all of the residential water meters and some were more than 20-30 years old. Each resident paid for their own water meter. Hansen stated that the cause for under reading is the mechanical parts wear out over time and they read less accurately. Now we are moving to the commercial meters within the City and we know a lot of commercial meters are under reading. They are substantially different and have never been replaced. They are mechanical and they wear out. By installing a new meter, this will correct who is underusing and everyone will be accurately read and paying 8 Page 5 of 8 what they should be paying. Hansen offered that he could report back to the Council after all the meters are installed and they have been in use for a couple of months, if there is additional revenue, the we can use that to determine if we need to change our rates in 2014. Schmitt stated once everyone has a new meter, then it will stabilize and we can get accurate rates. We will not know what the rates are until we replace the meters. Upon Vote: Schmitt aye, Diehm aye,Nawrocki aye, Peterson aye, 4 ayes. Motion carried. Motion by Diehm seconded by Schmitt, to approve the purchase of 350 Sensus MXU's from HD Supply in the amount of$39,276.56, with funds appropriated from Fund 651-51309-5185. Upon Vote: All ayes. Motion carried. C. New Business and Reports 8. ADMINISTRATIVE REPORTS Report of the City Manager Acting City Manager Hansen indicated he did not have anything to report on at this time. Nawrocki stated that the information on the cable channel in regards to the Jamboree was very good and very informative. On Thursday, May 16d, he and Councilmember Schmitt attended the Coon Creek meeting about the Stormwater Pollution Prevention Program. He suggested maybe they have the meeting in the evening and see if they get a better turnout. Schmitt suggested that if it is put on cable,there may be more people interested or informed since it has to be broadcasted. Nawrocki indicated there is a Local Government meeting in Ramsey tomorrow night and finds it a problem that only the City Manager is sent the information on it. There are items that impact local government as the State is going to be contributing more money to local government aide, which will help reduce the need for property tax increases. Report of the City Attorney Hoeft indicated he had no report at this time. 9. CITIZENS FORUM Malcolm Watson, 1717 49th Ave, stated he saw an article in the Northeaster newspaper that bothered him. There was a letter to the editor, which included a misleading statement. The statement was in regards to the current library and it was implied that the City of Columbia Heights needs, "something other than a windowless former target range". Watson clarified they designed that plan very carefully and realized by expanding the plan they were able to make the lower level sound proof and have a separate use for the police department as a firing range and to perform fire arm safety training. Watson thanked the Council for allowing him to express his concerns. Mayor Peterson commented that the Memorial Day service was held in the Memorial Garden at City Hall and around seventy-five people came. Peterson thanked the Fire, Police and representatives of the City that were in attendance. It was a nice service put 9 Page 6 of 8 on by the VFW. Father John Mitchell gave the benediction. Schmitt stated Mayor Peterson played Taps this year and there is a Columbia Heights community page on facebook with pictures. Peterson asked that we remember our service men and women and keep them in our prayers. Add a prayer for the people in Oklahoma who lost their lives in the recent tornado or consider making a small financial donation if you are able. Peterson reminded everyone not to take ourselves too seriously, strive for happiness in our country, and do a random act of kindness. 10. ADJOURNMENT Peterson adjourned the meeting at 8:15 PM. Tori Leonhardt, City Clerk/Council Secretary RESOLUTION 2013-41 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 Beverly Sanderson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4206 Van Buren Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on May 6, 2013. 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 April 2, 2013 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 May 6, 2013 inspectors re-inspected 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. 10 Page 7 of 8 3. That on May 17, 2013 inspectors re-inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair/replace deteriorated driveway. 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 4206 Van Buren Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4206 Van Buren Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this 28th day of May 2013 RESOLUTION 2013-42 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 Il, of City Code, of the property owned by Lorayne Childs (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1836 - 39th Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was 11 Page 8 of 8 sent via regular mail to the owner of record on April 5, 2013. 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 6. That on April 4, 2013 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. 7. That on May 7, 2013 inspectors re-inspected 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. 8. That on May 16, 2013 inspectors re-inspected the property and found that violations remained uncorrected. 9. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s)were found to exist, to wit: A. Shall remove all materials and debris in yard from previous fire. 10. 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 3. That the property located at 1836 - 39th Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 4. 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 3. The property located at 1836 — 39t' Avenue N.E. constitutes a nuisance pursuant to City Code. 4. That a copy of this order shall be served upon all relevant parties and parties in interest. 12 UNAPPROVED OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION MONDAY, MAY 6, 2013 CALL TO ORDER The meeting was called to order by Chairperson Carlson at 5:30 p.m. ROLL CALL Members present: Carlson, Clerkin, Doty, Olson, Tyler Staff present: Kathy Young, Assistant City Engineer Lenny Austin, Police Captain Sue Schmidtbauer, Public Works Secretary Council Liaison: Donna Schmitt APPROVAL OF MINUTES Motion by Olson, seconded by Tyler,to approve the minutes of April 2, 2012, as presented. Motion carried unanimously. OLD BUSINESS None. OTHER OLD BUSINESS None. NEW BUSINESS A. REQUEST FOR STOP SIGNS AT 4TH STREET AND 46TH AVENUE Mr. Larry Wieser and Ms. Dianne Hanson are requesting stop signs at the intersection of 4th Street and 46th Avenue. The concern is the number and severity of accidents at the intersection. Currently traffic stops on 46th Avenue at University Service Drive and 5th Street. Traffic stops on 4th Street at 45th Avenue and 481h Avenue. A pine tree on the northeast corner and the sloped landscape on the southeast corner limit visibility somewhat, especially for westbound traffic. The Police Department reviewed accident records and found four reported accidents in the last five years, one in 2008, 2009, 2011, and 2013. Three of the accidents involved failure to yield right-of-way. There have been four accidents in the last five years. The last accident on March 22,2013 was a rollover. Captain Austin stated that every now and then a rollover does occur on a residential street. This particular accident looked worse than it probably was and was non-life threatening. The driver was transported for a possible injury. He does not recall the weather conditions; there possibly was snow on the ground. A vehicle does not necessarily need to be traveling at high speed to cause a rollover. Carlson stated he checked the intersection and it is 13 Traffic Commission Minutes—May 6, 2013 Page 2 wide open with the exception of one pine tree. He stated normally the city has the resident trim the tree up, if this is done the intersection would be wide open and it would be possible to also see traffic when westbound. The tree is the only thing blocking the intersection and you can see around it. Feels there is no problem with that intersection. Doty stated he did notice a lot of stop signs. Olson stated these are detrimental because drivers don't stop for any of them; they just roll through. Motion by Olson to deny the request to install stop signs at the intersection of 4th Street and 46th Avenue. Motion seconded by Clerkin. Motion carried unanimously. B. REVIEW OF ACCIDENT RECORD AT 7TH STREET AND 43RD AVENUE Ms. Ramona Strom of 4247 7th Street sent an e-mail to the mayor and city council members with a request for stop signs at the intersection of 7th Street and 43rd Avenue. In response, Young sent a letter with updated accident information and the December 2011 Traffic Commission minutes when the stop signs were denied. Currently the accident record at this intersection is inconclusive concerning the MUTCD requirements for yield or stop signs. Staff will continue to monitor the traffic accidents to see if a pattern is developing. Ms. Strom sent a reply to my letter asking that we consider posting"No Parking" signs on 7th Street heading south(going up the hill). A previous request for stop signs was denied in December 2011. Young proposed we monitor traffic accidents at that intersection as they seem sporadic. If there are no accidents or only one in 2013, then the commission will not look at this again. If there are 2-3 accidents in 2013, then we will review it. Carlson felt this is reasonable. In response to the "No Parking" signs on 7th Street,Young feels the visibility at the intersection is acceptable, vehicles would need to be parked very tight to reduce visibility. The Traffic Commission will need to either deny the "No Parking" signs or call a public meeting. Motion by Olson to deny the request for"No Parking" signs on 7th Street heading south. Motion seconded by Tyler. Motion carried unanimously. OTHER NEW BUSINESS None. REPORTS CITY ENGINEER 1. REQUEST FOR DISABLED PARKING SIGNS Disabled parking signs have been requested by property owners at the following locations: A) 5134/5136 Washington St, Permit Numbers 182338 and B66526 B) 4524 Fillmore St, Permit Number A91319 14 Traffic Commission Minutes—May 6, 2013 Page 3 C) 4153 Jefferson St, Permit Number B55550 POLICE None. COMMISSIONERS Clerkin inquired about posting a Police Station sign on Central Avenue so people know it's there. Young stated this would need to be requested through the state. She will look into it. If MnDOT allows it, we will put it up. Harold Hoium(present at the meeting) also inquired about posting a sign on 401h and Mill Street or Central Avenue for City Hall. Stated people, contractors especially, have trouble finding City Hall now that the 40`h Avenue entrance is not accessible. Feels a couple of signs would help. Carlson stated we will consider this request. Schmitt asked if the crosswalk got installed by Rainbow Foods. Young stated the pedestrian ramp installed. The crosswalks will be done when we do the painting. ADJOURNMENT Motion by Carlson, seconded by Olson to adjourn the meeting at 5:53 p.m. Motion carried unanimously. Respectfully submitted, Sue Schmidtbauer Public Works Secretary 15 DRAFT COPY OF PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING JUNE 45 2013 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present- Little, Fiorendino, Kinney, and Szurek Also present were Sheila Cartney(Asst. Community Development Director), and Shelley Hanson (Secretary) and Gary Peterson(Council Liaison). Commission members were told that Commission member Roberts has resigned effective this week. Motion by Kinney, seconded by Little, to approve the minutes from the meeting of May 7, 2013. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2013-0601 APPLICANT: City of Columbia Heights EDA LOCATION: 4421 5th Avenue NE REQUEST: Variance to the minimum floor area Cartney explained that at this time, the applicant (the City) is requesting a variance to the minimum floor area requirement on the main floor of 960 square feet for a two story dwelling. The subject property is part of the City's Scattered Site program and has been approved by the Economic Development Authority(EDA) for a model home. The model homes that have been approved for the Scattered Site program are two-story homes with three bedrooms and two baths. The particular model home for this subject lot has a main floor area of 581 square feet with a finished area of 1,169 square feet. ZONING ORDINANCE Code Section 9.106 (D)(b) requires one and one-half and two story dwellings shall have a minimum floor area of 960 square feet on the main floor,plus 120 square feet for each additional bedroom over two. CONSIDERATIONS. For the scattered site program the EDA has selected one builder and two model homes for 11 lots. The two model homes are two-story homes with a main floor area less than 960 square feet. The majority of the scattered site lots are 5,160 square feet or less limiting the type and size of house that can be built. In almost all cases the required two-car garage will have to be detached 16 P &Z Minutes Page 2 June 4, 2013 (as with the subject lot) setbacks just cannot be met with attached garages and floor area ratio requirements. The builder and the EDA have chosen to build primarily two-story dwellings on these lots to maximize the green space while providing a desirable home with three bedrooms and two baths, which is severely lacking in Columbia Heights. The intent of this code is to achieve a total square footage of space, as evidenced with a split entry/level home, no minimum main floor area required,but simply a 1,020 square foot aggregate floor area is required. COMPREHENSIVE PLAN The Comprehensive Plan designates the subject lot as low density residential. A single family home is consistent with this designation. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. The lot is 5,160 square feet and 40 feet wide which is limiting to the size and style of house that can be built. A two-story home maximizes the space while allowing some green space for a yard. Adhering strictly to the requirement of a main floor area ratio of 960 square feet would be difficult in designing a two-story home while maintaining open space and lot coverage requirements.Allowing a two-story home on this lot allows for more finished area. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The subject site is part of the City's Scattered Site Program. New construction and these small lots are severely limited to a small portion of properties in the city. C) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. As written the ordinance does not take into consideration the challenges of a 40 foot wide lot and the challenges of designing a house and required two car garage to fit while meeting setbacks and lot coverage requirements. If a two-story house was built with the minimum main floor area of 960 square feet the total finished area would be 1,920 square feet which would be over building in many neighborhoods in Columbia Heights. 17 P & Z Minutes Page 3 June 4, 2013 d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The granting of the variance would be in harmony with the general purpose and intent of the comprehensive plan. The comp plan designates this property as single family residential and that is what is proposed to be built. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the variances should not be materially detrimental to the public welfare or the use of the properties in the vicinity. The variance requests will have conditions imposed on them to help ensure this. Questions from Members: Little asked who designed the homes and why couldn't they be built deeper into the lots to add additional square footage? Cartney explained that the EDA went through a bidding process and they selected a builder who proposed building two different models that are both two story designs with 3 bedrooms and 2 bathrooms. She added that it is possible for the homes to go deeper,but the EDA has approved the two proposals which also meet a targeted sales price. Little then asked if either of the designs have been built at other locations in Columbia Heights. Cartney told him this would be the first one in Columbia Heights. Fiorendino asked if the same house would be built on all the scattered site lots. Cartney told him the first model would be built and sold. Other interested buyers will then have their choice of two designs subject to modifications if they choose to upgrade and the opportunity to pick out which lot they wish to purchase. The only lot that will have a different design will be the property at 4303 Reservoir Blvd since that lot will accommodate a larger home. Fiorendino asked how many lots were being marketed. Cartney told him 12. He asked if staff had any concerns about the proposed designs not fitting into the existing neighborhoods. She responded that she thought the proposed models would blend in just fine. Kinney asked if there was any background or rationale on why the original square footage had been decided on. Cartney said she wasn't aware of any background on this matter and that the language was somewhat unclear. Staff believes the intent was to address the finished square footage of a home rather than the footprint. Therefore, the new language proposed will clarify this. 18 P &Z Minutes Page 4 June 4, 2013 Public Hearing Opened: No one was present to speak on this issue. Public Hearing Closed. Motion by Fiorendino, seconded by Little, that the Planning Commission recommends the City Council approve the variance to allow a main floor area of 581 square feet than the minimum requirement per Code Section 9.106 (D)(b) of the City Code, 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. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The above grade minimum floor area shall be ],162 square feet. All ayes. MOTION PASSED. The following Resolution will go to the City Council June 10, 2013. RESOLUTION NO.2013-34 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR 4421 5th STREET WHEREAS, a proposal (Case # 2013-34) has been submitted by the City of Columbia Heights to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 44215"'Street NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 379-square foot area variance to main floor area for a two-story dwelling per Code Section 9.106(D)(b). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December June 4,2013; 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; 19 P &Z Minutes Page 5 June 4,2013 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. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant,however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment,use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance 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 pen-nit. CONDITIONS ATTACHED: 1. All application materials, snaps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The above grade minimum floor area shall be 1,162 square feet. Passed this 10th day of June,2013 Offered by: Seconded by: Roll Call: Ayes: Nays: CASE NUMBER: 2013-0602 APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for minimum floor area of one and one-half and two story dwelling Cartney stated that in May 2013 the Economic Development Authority (EDA) finalized contracts to list and sell 12 scattered site lots and build with Timbercraft Homes. The majority of the scattered site lots are 5,160 square feet (40' wide lots). Timbercraft has presented the EDA with two model home styles for buyers to choose from both two-story homes. The models have a main floor area of 581 square feet (1,169sq.ft finished) and 597 square feet main floor area (1,197sq.ft. finished) both with unfinished basements. City Ordinance requires a one and one-half and two story dwellings to have a minimum floor area of 960 square feet on the main floor, plus 120 square feet for each additional bedroom over two. 20 P&Z Minutes Page 6 June 4,2013 At the EDA meeting the representative from Timbercraft Homes explained that with these narrow lots it is hard to build a home with a large horizontal footprint that takes up the majority of the lot, it is more advantageous to build vertically to preserve what little open space there is. He also indicated that the model homes are minimums and if a buyer wanted a larger home they could build it if it fits within the parameters of the code, which could be accommodated on a few of the lots. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to"Advocate housing efforts that attract and retain residents, especially young families."An implementation strategy listed is to seek first time homebuyers for purchase of city owned property. Another goal listed is to"Preserve and reinvest in the housing stock to protect values and investment in the city."The Scattered site program obtains these goals by providing affordable "starter"homes and reinvesting in neighborhoods. 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 `Advocate housing efforts that attract and retain residents, especially young families. "An implementation strategy listed is to seek first time homebuyers for purchase of city owned property.Another goal listed is to "Preserve and reinvest in the housing stock to protect values and investment in the city. "The Scattered site program obtains these goals by providing affordable "starter"homes and reinvesting in neighborhoods. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would apply to all one and one-half and two-story dwellings throughout 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. 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. 21 P &Z Minutes Page 7 June 4,2013 Questions from members: Fiorendino asked if we need to stipulate 550 s.f. as the minimum footprint, if we stipulate that there must be 1,020 of finished space. He didn't see the need to specify the footprint size. Cartney said the EDA gave staff the direction to amend the existing Ordinance and is the requesting party. This is being done to guide future development. Cartney reminded members this only affects 1 1/2 and 2 story houses. Single level homes would still need to be larger. Kinney asked for confirmation that the amendment will establish a minimum footprint size for 1 /2 and 2 story homes, and will also clarify the minimum requirement for above grade finished area. Cartney said that was correct. Public Hearing Opened. No one was present for this matter. Public Hearing Closed. Motion by Kinney, seconded by Little, that the Planning Commission recommends the City Council approve the proposed zoning amendment, with the typo correction discussed. All ayes. MOTION PASSED. The following draft Ordinance will go to the City Council June 10, 2013. DRAFT ORDINANCE NO. 1612 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO FLOOR AREA REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: 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)Dwellings (2)Floor area requirements. The following floor area requirements shall apply to all dwelling units within the city: (b) One and one-half and two story dwellings shall have a minimum floor area of.960 550 square feet on the main floor,phis "n °feet for-° e additional bedr-e^"' ever-two with a total above grade minimum floor area of finished space of 1,020 square feet. 22 P &Z Minutes Page 8 June 4, 2013 Section 2: This Ordinance shall be in full force and effect from and after 30 days after its passage. First reading: June 10, 2013 Second reading: June 24, 2013 Date of passage: NEW BUSINESS 1. Request for a Special Meeting for Renaissance Fireworks Cartney told members that Renaissance Fireworks has operated two tent sales of fireworks products for eight years in Columbia Heights at 40th and Central and in the Rainbow Mall parking lot. They wish to do so again this year,however, they submitted their documents too late to be included as part of this meeting. They have,therefore, requested that a special meeting be held in order to approve their Interim Use Permit so they can operate prior to the July 4th holiday. Cartney explained this is something the P &Z Commission must address as it does not go to the City Council, according to our City Ordinance. Several dates were considered by the members, and it was the consensus to set the special meeting for Tuesday, June 18th, 2013 at 7 pm. OTHER BUSINESS Cartney told members there will not be a meeting in July since no cases were received prior to the deadline. The meeting was adjourned at 7:25 pm. Respectfully submitted, Shelley Hanson Secretary 23 ECONOMIC DEVELOPMENT AUTHORITY(EDA) MINUTES OF THE MEETING OF MAY 6,2013 IN CONFERENCE ROOM 1 The meeting was called to order at 6:30 pm by Chair Peterson. Members Present: Bruce Nawrocki, Gary Peterson, Donna Schmitt, Tammera Diehm, Marlaine Szurek, and Bobby Williams. Members Absent: Gerry Herringer Staff Present: Walt Fehst, Scott Clark, Sheila Cartney, and Shelley Hanson. 2. PLEDGE OF ALLEGIANCE-RECITED 3. CONSENT ITEMS 1. Approve the Minutes from April 1, 2013. 2. Approve the Financial Report and Payment of Bills for March 2013 on Resolution 2013-04. 3. Approve Huset Park Fifth Amendment-BNC Bank on Resolution 2013-02. Questions by Members: Nawrocki asked how long the development process will go on. Clark responded that the development agreement will remain in effect until it is developed. He went on to tell members that three developers have shown some interest in the remaining sites and BNC is reviewing the options to see which offer they may bring to the City for consideration. Depending on which option they choose, the Board may have to act on approving a new land use and altering the agreement currently in place. Clark stated the developers that are currently interested have no interest in developing any commercial/retail space that was part of the original concept. Nawrocki asked what happens if they don't develop it as commercial which would bring in higher tax dollars. Clark stated they would then get less in tax increment monies. Motion by Williams, seconded by Schmitt, to waive the reading of Resolutions 2013-04 and 2013-02, there being an ample amount of copies available to the public. All ayes. MOTION PASSED. Motion by Williams, seconded by Schmitt, to approve the consent agenda items as presented. All ayes. MOTIONPASSED. 24 EDA Minutes Page 2 May 6,2013 EDA RESOLUTION 2013-04 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)APPROVING THE FINANCIAL STATEMENT FOR MARCH 2013 AND PAYMENT OF BILLS FOR THE MONTH OF MARCH 2013. 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 March 2013 has been reviewed by the EDA Commission; and WHEREAS,the EDA has examined the financial statements 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. Passed this 6th Day of May 2013 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO.2013-02 RESOLUTION APPROVING A FIFTH AMENDMENT TO AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF COLUMBIA HEIGHTS AND BNC NATIONAL BANK AS SUCCESSOR TO HUSET PARK DEVELOPMENT CORPORATION 25 EDA Minutes Page 3 May 6,2013 BE IT RESOLVED By the Board of Commissioners ("Board") of the Columbia Heights Economic Development Authority("Authority")as follows: Section 1. Recitals. 1.01. The Authority has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ("EDA Act"), and is currently administering the Downtown CBD Redevelopment Project ("Redevelopment Project") pursuant to Minnesota Statutes,Sections 469.001 to 469.047("HRA Act"). 1.02. The Authority,the City of Columbia Heights ("City") and Huset Park Development Corporation (the"Redeveloper")entered into a into An Amended and Restated Contract for Private Redevelopment dated as of August 1,2007,as amended by a First Amendment thereto dated June 16,2008 and a Second Amendment thereto dated as of February 9, 2009 and a Third Amendment Thereto dated as of September 28, 2009 and a Fourth Amendment dated as of November 22, 2011 (the "Contract"), setting forth the tenns and conditions of redevelopment of certain property within the Redevelopment Project,generally located east of University Avenue and south and west of Huset Park. 1.03. BNC National Bank(the"Lender")is the successor in interest to Redeveloper under the Contract. 1.04. The Lender has requested the Authority and City to modify the Contract in certain respects, and the Authority has caused to be prepared a Fifth Amendment to Amended and Restated Contract for Private Redevelopment between the Authority,City and Lender(the"Fifth Amendment"). 1.05. The Board has reviewed the Fifth Amendment and finds that the execution thereof and performance of the Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. Authority Approval,Further Proceedings. 2.01. The Fifth Amendment as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Fifth Amendment and any documents referenced therein requiring execution by the Authority, and to cant' out,on behalf of the Authority its obligations thereunder. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 6th day of May,2013. Gary Peterson,President ATTEST: Shelley Hanson,Secretary 26 EDA Minutes Page 4 May 6, 2013 PUBLIC HEARING 4. Consider Sale of 4502 Washington Street Cartney told members that Cory Mattson owner of 4500 Washington Street has proposed to purchase 4502 Washington Street from the EDA in order to combine the lots together. The EDA held a meeting on April 1, 2013 to discuss the purchase and negotiated a purchase price of$15,000 with Mattson and the majority of the EDA. At the meeting the EDA called for a public hearing for the potential sale. Mattson's backyard abuts the subject lot, he proposes to expand his backyard with this lot and combine the lots into one lot. The EDA purchased the 4502 Washington Street property in 2009 as part of the Scattered Site program for$35,000 the lot is 5,160 square feet. Overall the EDA has spent $46,086 on this property including the purchase, demo prep and demolition. A public hearing is required when the EDA sells property; the public hearing has been advertised for May 6, 2013. At the public hearing the EDA can discuss this item further and anyone from the public is able to speak to the item. Staff recommends approving the sale to Cory Mattson and approving the purchase and redevelopment agreement, which requires the lots to be combined. Questions/comments from members: Nawrocki said he voted against this at the last meeting. Since then he has changed his mind and would now support this offer. He said that Mr. Mattson is a Volunteer Fire Fighter for our community and as such, he thinks it is in the best interest of the City to keep him in the City. It is important to keep young families, like the Mattsons, in the City especially when they contribute in such a positive manner. Williams stated he liked Mr. Mattson and appreciates his contributions to the City, but that he cannot support this proposal as it is too big of a loss to the City. He feels that it sets a precedent. He would rather see a house built on the property and have the benefit of the added tax base which is why these lots were purchased in the first place. He also sees nothing wrong with small, well-kept houses on small lots. In other parts of the country this type of housing is very much in demand. Schmitt said this offer is more than we are getting for the other lots if action is taken on the scattered site lots that will be considered later in the meeting. She stated that a few other lots in the area are bigger and she sees this as a benefit to the neighborhood. Diehm felt that the Board should make their decision on the offer,not on who the person is, or that he is affiliated with the City in some way. Szurek agreed with this statement. 27 EDA Minutes Page 5 May 6, 2013 Public Hearing Opened. Phil Epstein, 60145a'Avenue, questioned the lot size. He didn't believe it is a 40 ft lot. He said he has an issue with how Mr. Mattson cares for his current lawn, and wonders how he will care for additional property. However, he still believes it will make the property more attractive to have a larger yard and will generally be an improvement for the neighborhood. It is better than constructing another house on a small lot that would probably end up as rental and there is too much rental in that area now. Ms. Seebach, 4503 Washington St. stated that whether or not he is a firefighter, he's young and we need more young people in the community. She said there is too much rental in the neighborhood and too many houses crammed onto small lots. She is in favor of Mattson purchasing the property. Cory Geng,4501 7h St wants to see Mattson stay in the neighborhood. He watched Mattson rebuild on his lot and he told the members that Mattson has been mowing the lot next door since it became vacant. Geng said Mattson is a good neighbor and thinks the additional green space will improve the look of the neighborhood more than another house crowded in. John Seebach, 4503 Washington St lives across the street. He said he likes having the property vacant and is opposed to having another HUD house or rental property built on it. He wants Mattson to have this property as additional yard space. Public Hearing Closed. Motion by Nawrocki, seconded by Williams, to waive the reading of Resolution 2013-05, there being ample copies available to the public.All ayes. MOTIONPASSED. Motion by Nawrocki, seconded by Diehm, to adopt Resolution 2013-05, approving a purchase and redevelopment agreement (including the sale of land) between the Columbia Heights Economic Development Authority and Corey Mattson. Roll Call:Ayes-Szurek, Schmitt, Diehm, Nawrocki, and Peterson Nays-Williams MOTIONPASSED. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO.2013-05 RESOLUTION APPROVING A PURCHASE AND REDEVELOPMENT AGREEMENT (INCLUDING THE SALE OF LAND)BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND COREY MATTSON BE IT RESOLVED By the Board of Commissioners ("Board") of the Columbia Heights Economic Development Authority("Authority")as follows: Section 1. Recitals. 1.01. The Authority has determined a need to exercise the powers of a housing and redevelopment authority,pursuant to Minnesota Statutes,Sections.469.090 to 469.108 ("EDA Act"). 28 EDA Minutes Page 6 May 6, 2013 1.02. The Authority and Corey Mattson (the"Redeveloper")have proposed to enter into a PURCHASE AND REDEVELOPMENT AGREEMENT (the "Contract"), setting forth the terms and conditions of sale and redevelopment of certain property owned by the Authority located at 4502 Washington Avenue NE and described as Lot 14, Block 4, Gillette's Annex to Columbia Heights, Anoka County, Minnesota (the "Redevelopment Property"). 1.03. Pursuant to the Contract, the Redeveloper will acquire the Redevelopment Property and will combine the Redevelopment Property with his existing property located at 4500 Washington Avenue NE into a single lot for single family residential purposes and related single family accessory uses, consistent with the City of Columbia Heights minor subdivision process, and subject further to the City's zoning and building codes and policies(the"Lot Combination") (upon completion the"Combined Property"). 1.04. The activities of the Authority under the Contract implement housing goals of the City's Comprehensive Plan: "Promote and preserve the single-family housing stock as the community's strongest asset." and"Provide a variety of life-cycle housing opportunities within the community." 1.05. The Board has reviewed the Contract and finds that the execution thereof and performance of the Authority's obligations thereunder further the goals of the Comprehensive Plan and are in the best interests of the City and its residents. Section 2. Authority Approval;Further Proceedings. 2.01. The Contract as presented to the Board, including the sale of the Redevelopment Property described therein, is hereby in all respects approved,subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Contract and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority its obligations thereunder. 2.03. Authority and City staff are authorized and directed to take all actions to implement the Contract. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 6`1'day of May,2013. President ATTEST: Secretary 29 EDA Minutes Page 7 May 6,2013 NEW BUSINESS 5. Scattered Site Contract Cartney reminded members that at the April EDA meeting the Commission met with Pete Heryla and John Rockwell of Remax and a representative of Timbercraft Homes. At this meeting lot prices, housing styles and contracts were discussed. Staff explained that half the lots were shovel ready while the other half still had to have the water lines redone to meet today's standard of one inch. Timbercraft Homes also presented two concept drawings of homes that could be built on the scattered site lots with the idea that the plan for 4303 Reservoir would come back to the EDA for approval. At the meeting tonight the EDA is presented with the following: 1. Remax Synergy listing Agreement.This document is an agreement with the EDA and Pete Heryla and John Rockwell to list the lots for sale at a sales price of$7,500 each with the exception of 4303 Reservoir Blvd, which will be$35,000. The lots would be sold"as is" and the price reduction reflects that some of the lots need additional site work. There is also a clause in this listing agreement that after one year if the house sales increase the lot listing prices may increase. 2. Purchase and Redevelopment Agreement.This document is an agreement with the EDA and Timbercraft Homes. A Purchase and Redevelopment Agreement will be filled out for the sale of each lot. This agreement determines the sales price, the model home type and completion date. 3. Model Homes. Timbercraft Homes is providing 2 models for buyers to choose from. If the EDA approves the models tonight then the Model Homes become part of the Purchase and Redevelopment Agreement and will be approved as part of the building permit and will not need additional EDA approval. The only lot that will need additional approval is 4303 Reservoir Blvd. Cartney pointed out that the models proposed are smaller than our original guidelines and also do not meet the requirements in the City Code. She reviewed the square footages of the proposed homes with the members. Clark told members that Mr. Herringer had called him and wanted to express his opinion on the new proposal. He thinks if the proposal is accepted that the builder should make a good faith effort to choose one of the lots that need some additional site work for their first home. Staff recommends approval of the agreements as presented. Questions from members: Nawrocki asked if the City would net out $10,000/lot or if expenses would be taken out of that. Cartney said the $10,000/lot figure was the figure discussed at the last meeting. Since that time the builder came back with$7,500/lot across the board as some need additional work and this price reduction would cover those additional fees. She went on to say that commission and miscellaneous fees would come out of that amount resulting in an approximate cash out of$5,705 per lot. Nawrocki then asked how long from the time the builder purchases the lot that construction has to start. Cartney said that hadn't 30 EDA Minutes Page 8 May 6, 2013 been discussed but a clause could be written in. The Builder suggested 60 days from the date of closing on the lot. Schmitt questioned the layout of the homes proposed. She asked if a buyer wanted a more open design if that could be accommodated. The Builder said they would be flexible as long as the minimum requirements are still being met. He asked if there would be a staff point person that could approve such changes or if each change would have to be approved by the Board. The Board said staff could approve changes as long as the minimum requirements are met. Diehm questioned whether we would need to change the City Ordinance or if they would have to apply for a variance. Diehm also stated she wanted to review the Purchase and Development Agreement before voting on it and that it wasn't included in the packet. She went on to say that the proposed plan is small, but acceptable because it does meet the 3 Bedroom requirement. Williams said the goal is to improve our housing stock and this program does that so he supports the agreements. The minimum square footage for the footprint is currently 960 sf according to our City Ordinance. Cartney said an amendment to the Ordinance could be made to allow a reduction of this requirement for small lots. The timetable to accomplish this was discussed. It could go before the Planning&Zoning Commission in June and then to the Council. The option to grant a variance for the first lot was discussed so the builder could start construction if the agreements are all approved to allow time to make the amendment to the Ordinance. The City will have to be the requesting party since the Builder will not own the property in time for making the request for the June meeting. Diehm suggested addressing the minimum finished space of the house rather than the footprint size. Diehm then suggested we set a date for a special meeting to approve the final documents once she has had a chance to review them and to add the clause that construction would begin within 60 days of the closing. Motion by Diehm, seconded by Peterson, to schedule a special meeting for Monday, May 13th at 6:45 pm prior to the regular City Council meeting. All ayes. MOTIONPASSED. 6. Administrative Report There was nothing further to discuss. The next regular EDA meeting will be Monday,June 3,2013 at City Hall at 6:30 pm. The meeting was adjourned at 7:15 pm. Respectfully submitted, Shelley Hanson Secretary 31 ECONOMIC DEVELOPMENT AUTHORITY(EDA) MINUTES OF THE SPECIAL MEETING OF MAY 13,2013 IN CONFERENCE ROOM 1 The meeting was called to order at 6:45 pm by Chair Peterson. Members Present: Bruce Nawrocki, Gary Peterson, Donna Schmitt, Tammera Diehm, Marlaine Szurek, and Bobby Williams. Members Absent: Gerry Herringer Staff Present: Walt Fehst and Scott Clark. 2. PLEDGE OF ALLEGIANCE-RECITED 3. BUSINESS ITEMS Scattered Site Contract Clark reminded members that at the April EDA meeting the Commission met with Pete Heryla and John Rockwell of Remax and a representative of Timbercraft Homes. At this meeting lot prices, housing styles and contracts were discussed. Staff explained that half the lots were shovel ready while the other half still had to have the water lines redone to meet today's standard of one inch. Timbercraft Homes also presented two concept drawings of homes that could be built on the scattered site lots with the idea that the plan for 4303 Reservoir would come back to the EDA for approval. At the May 6, 2013 meeting the EDA discussed items 1-3 below and essentially agreed to the items as presented; the Purchase and Redevelopment Agreement was inadvertently left out of the packet so no action was taken on any of the items, a formal action is requested tonight. 1. Remax Synergy listing Agreement.This document is an agreement with the EDA and Pete Heryla and John Rockwell to list the lots for sale at a sales price of$7,500 each with the exception of 4303 Reservoir Blvd,which will be$35,000. There is also a clause in this listing agreement that after one year if the house sales increase the lot listing prices may increase. 2. Purchase and Redevelopment Agreement.This document is an agreement with the EDA and Timbercraft Homes. A Purchase and Redevelopment Agreement will be filled out for the sale of each lot. This agreement determines the sales price, the model home type and completion date. 3. Model Homes.Timbercraft Homes is providing 2 models for buyers to choose from. If the EDA approves the models tonight then the Model Homes become part of the Purchase and Redevelopment Agreement and will be approved as part of the building permit and will not need additional EDA approval. The only lot that will need additional approval is 4303 Reservoir Blvd. Staff recommends approval of the agreements as presented. Questions/comments from members: Nawrocki expressed his concerns regarding the agreements. 32 EDA Minutes Page 2 May 13, 2013 Motion by Williams, seconded by Schmitt to approve and execute the Listing Agreement with Remax Synergy. All ayes. MOTIONPASSED. Motion by Williams, seconded by Schmitt to approve and execute the Purchase and Redevelopment Agreement with Timbercraft Homes. All ayes. MOTIONPASSED. Motion by Schmitt, seconded by Szurek to approve the model homes as presented. All ayes. MOTION PASSED. 4. Administrative Report There was nothing further to discuss. The next regular EDA meeting will be Monday,June 3,2013 at City Hall at 6:30 pm. The meeting was adjourned at 7:00 pm. Respectfully submitted, Scott Clark Acting Secretary 33 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of June 10, 2013 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Appointment Boards and BY: Gary L. Peterson BY: �� Commissions—P &Z DATE: June 6, 2013 DATE: NO: Background: Two applicants applied to fill the vacancy on the Planning and Zoning Commission back in February 2013; Grace Lee and Keith Roberts. Council interviewed both applicants and appointed Keith Roberts in March 2013 for a term of 4 years. On Monday, June 3,2013 we received an email from Mr. Roberts indicating he was resigning from the Planning and Zoning Commission effective immediately. He indicated that he wants to pursue developing the Columbia Heights Arts Commission. Recommended Motion: MOTION: Move to approve the Mayor's appointment of Grace Lee to the Planning and Zoning Commission effective immediately for a 4 year term expiring April 2017. COUNCIL ACTION: 34 CITY COUNCIL LETTER Meeting of. June 10, 2013 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Variance — 4421 5th Street Resolution BY: Sheila Cartney BY:�/� 2013-34 DATE: June 5, 2013 /�" Background: At this time, the applicant(the City) is requesting a variance to the minimum floor area requirement on the main floor of 960 square feet for a two story dwelling. The subject property is part of the City's Scattered Site program and has been approved by the Economic Development Authority(EDA)for a model home. The model homes that have been approved for the Scattered Site program are two-story homes with three bedrooms and two baths. The particular model home for this subject lot has a main floor area of 581 square feet with a finished area of 1,169 square feet Code Section 9.106(D)(b)requires one and one-half and two story dwellings shall have a minimum floor area of 960 square feet on the main floor, plus 120 square feet for each additional bedroom over two. CONSIDERATIONS. For the scattered site program the EDA has selected one builder and two model homes for 11 lots.The two model homes are two-story homes with a main floor area less than 960 square feet.The majority of the scattered site lots are 5,160 square feet or less limiting the type and size of house that can be built. In almost all cases the required two-car garage will have to be detached (as with the subject lot)setbacks just cannot be met with attached garages and floor area ratio requirements.The builder and the EDA have chosen to build primarily two-story dwellings on these lots to maximize the green space while providing a desirable home with three bedrooms and two baths, which is severely lacking in Columbia Heights. The intent of this code is to achieve a total square footage of space, as evidenced with a split entry/level home, no minimum main floor area required, but simply a 1,020 square foot aggregate floor area is required. Recommendation: The Planning and Zoning Commission held a Public Hearing on June 4, 2013 and recommend approval with two conditions listed in the staff report. Recommended Motion: MOTION: Move to waive the reading of Resolution 2013-34, there being ample copies available to the public. MOTION: Move to adopt Resolution 2013-34 approving a variance from certain conditions of the City of Columbia Heights Zoning Code for 4421 5th Street. Attachments:Resolution 2013-34, P&Z staff report COUNCIL ACTION: 35 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2013-0601 DATE: June 4, 2013 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights EDA LOCATION: 4421 5tn Street NE REQUEST: Variance PREPARED BY: Sheila Cartney, Assistant Community Development Dir. l I INTRODUCTION At this time, the applicant (the City) is requesting a variance to the minimum floor area requirement on the main floor of 960 square feet for a two story dwelling. The subject property is part of the City's Scattered Site program and has been approved by the Economic Development Authority (EDA) for a model home. The model homes that have been approved for the Scattered Site program are two-story homes with three bedrooms and two baths. The particular model home for this subject lot has a main floor area of 581 square feet with a finished area of 1,169 square feet. ZONING ORDINANCE Code Section 9.106 (D)(b) requires one and one-half and two story dwellings shall have a minimum floor area of 960 square feet on the main floor, plus 120 square feet for each additional bedroom over two. CONSIDERATIONS. For the scattered site program the EDA has selected one builder and two model homes for 11 lots. The two model homes are two-story homes with a main floor area less than 960 square feet. The majority of the scattered site lots are 5,160 square feet or less limiting the type and size of house that can be built. In almost all cases the required two- car garage will have to be detached (as with the subject lot) setbacks just cannot be met with attached garages and floor area ratio requirements. The builder and the EDA have chosen to build primarily two-story dwellings on these lots to maximize the green space while providing a desirable home with three bedrooms and two baths, which is severely lacking in Columbia Heights. i City of Columbia Heights Planning Commission January 2, 2013 4421 Stn Street - Variance Case # 2013-0601 The intent of this code is to achieve a total square footage of space, as evidenced with a split entry/level home, no minimum main floor area required, but simply a 1,020 square foot aggregate floor area is required. COMPREHENSIVE PLAN The Comprehensive Plan designates the subject lot as low density residential. A single family home is consistent with this designation. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. The lot is 5,160 square feet and 40 feet wide which is limiting to the size and style of house that can be built. A two-story home maximizes the space while allowing some green space for a yard. Adhering strictly to the requirement of a main floor area ratio of 960 square feet would be difficult in designing a two-story home while maintaining open space and lot coverage requirements. Allowing a two-story home on this lot allows for more finished area. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The subject site is part of the City's Scattered Site Program. New construction and these small lots are severely limited to a small portion of properties in the city. c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. As written the ordinance does not take into consideration the challenges of a 40 foot wide lot and the challenges of designing a house and required two car garage to fit while meeting setbacks and lot coverage requirements. If a two-story house was built with the minimum main floor area of 960 square feet the total finished area would be 1,920 square feet which would be over building in many neighborhoods in Columbia Heights. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. Page 2 37 i City of Columbia Heights Planning Commission January 2, 2013 4421 5t' Street — Variance Case # 2013-0601 l The granting of the variance would be in harmony with the general purpose and intent of the comprehensive plan. The comp plan designates this property as single family residential and that is what is proposed to be built. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the variances should not be materially detrimental to the public welfare or the use of the properties in the vicinity. The variance requests will have conditions imposed on them to help ensure this. RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the variance to allow a main floor area of 681 square feet than the minimum requirement per Code Section 9.106 (D)(b) of the City Code, 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. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The above grade minimum floor area shall be 1,162 square feet. I f ATTACHMENTS • Draft Resolution • Location Map • Site Plan Page 3 38 I RESOLUTION NO.2013-34 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR 44215"' STREET WHEREAS, a proposal (Case 4 2013-34)has been submitted by the City of Columbia Heights to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4421 5"'Street NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 379-square foot area variance to main floor area for a two-story dwelling per Code Section 9.106 (D)(b). I WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning f Code on December June 4, 2013; 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 fallowing findings of the Planning Commission: 1. Because of the particular physical surroundings,or the shape,configuration,topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. 39 i Resolution No. 2013-34 Page 2 ' FURTHER,BE IT RESOLVED,that the attached plans,maps,and other information shall become � part of this variance and approval;and in granting this variance the city and the applicant agree that this variance 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 submitted with the application shall become part of the permit. { 2. The above grade minimum floor area shall be 1,162 square feet. 4 i Passed this l Oth day of June, 2013 Offered by: Seconded by: Roll Call: Ayes: Nays: i Mayor Gary L. Peterson Attest: Tori Leonhardt, City Clerk 40 zi 44 4 00 V' N d b N N 00 M N N r W M O M o N r 00 14 r d O "00 INn V' : � � � � h M C7 I. b r !h M M U) r .y h M Q! r (h M r h h T M b N r O cm — H �� s� Y N t�2-It O O � tD 00 d 10 N � � op4� lry q N IN N N M� O �y 1tat/ l�d, ttt�VVV Nv F i La — 5v5 D r h r t!1 u1 Tv "R 'x '�� N b N CO O (P co d b N N N N r O O N b N N M N N N h b r M .r ^_ E 1N� t im b o d'Ln SF '� l 0M N N N e z M ' ,_ '� r .:�, M Ol TH 61 in M�3 $ N M� sh ' Cam'-a,.'o-: (� l ; c N CO ....00 b O :b N 00 O b N 00 O b N GO O 55Et• O tl' b O b co o b o d. 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F Iti '�a- _��� �E ., ., ...F'o .� t �h _;;;.} %=. � r+� ,f c•)'`Ifa'..=.a � re � i� 6 "'�S4 n�'��^cv�`rlr-. ■ t :1 t ..,1y.1.. .j�3S•Yi 'ti' sr-s�'f i 1 w 4�W y,' r 3i t�a r i_ �i °yp ��"S���c�-•r�,..�°.1'rC+�Y t�' }��'zzCCYyy��r�' 1 1 W� 4 bs -Z..S-• allA�li a-•Q'r! .t � w J' t 3 r T `j• ?r• F ^� - I �� �fi s a �� � • s+ as to • a• :1 1 i i i it I WeABE)bulplx I i �f 1 I NW '81461eH etgwnloo q19 �2;Vll f uolionasuoo pasodoad seWoH WJoaaqual,L i l f I 117z esnoq pasodoid N ED cV rl�ti AN IS qI9 44 CITY COUNCIL LETTER Meeting of: June 10, 2013 AGENDA SECTION: CONSENT ORIGINATING CITY NO: DEPARTMENT: MANAGER'S CITY MANAGER'S APPROVAL ITEM: ADOPT RESOLUTION NO. 2013-43, 2013-2014 BY: LINDA L. BY: PMA MEMORANDUM OF UNDERSTANDIN MAGEE DA E: DATE: 6-6-2013 �//, 3 The current Memorandum of Understanding between the City and the Public Managers' Association, representing Division Heads,tenninated on December 31,2012. Negotiations between the city's negotiating team and PMA have resulted in a mutually acceptable Memorandum of Understanding for calendar years 2013 and 2014. The proposed changes are as follows: Wages: 2013: 2% adjustment over 2012, effective May 1, 2013 2014: 2% adjustment over 2013, effective January 1, 2014 As a fonn of additional compensation,the EMPLOYER shall pay on a pro-rated monthly basis up to a maximum of $1,650 per year per employee for 2013 and 2014. In lieu of the cash payment,the employee may choose to apply such amount toward a City-sponsored deferred compensation program on a dollar-for-dollar matching basis. (2012=$1,650) Insurance: 2013: $835 per month (2012= $805 per month) 2014: $865 per month Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 2013 and 2014. Also attached is a copy of the new contract language, incorporating the changes. RECOMMENDED MOTION:Move to waive the reading of Resolution 2013-43,there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2013-43 regarding the Memorandum of Understanding between the City of Columbia Heights and the Public Managers' Association,effective January 1,2013—December 31, 2014. COUNCIL ACTION: 45 RESOLUTION 2013-43 BEING A RESOLUTION REGARDING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE PUBLIC MANAGERS' ASSOCIATION BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between the Public Managers' Association, representing Division Heads of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable Memorandum of Understanding for calendar years 2013 and 2014; WHEREAS, changes to the current Memorandum of Understanding are attached, and a copy of the 2013-2014 Memorandum of Understanding is available at the Office of the City Manager and is made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED,that the Memorandum of Understanding as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2013 and 2014 for the Public Managers' Association bargaining unit employees of the City. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this agreement. Passed this day of June, 2013. Offered by: Seconded by: Roll Call: Gary L. Peterson,Mayor Tori Leonhardt City Clerk/Council Secretary 46 May 14, 2013 CITY OF COLUMBIA HEIGHTS PROPOSAL TO THE PUBLIC MANAGERS' ASSOCIATION 1 INSURANCE The EMPLOYER will contribute a maximum of eight hundred thirty-five dollars($835)per month per employee for calendar year 2013 for employee life insurance, group health insurance, long term disability insurance, and dental insurance. Should the cost of such benefits be less than$835 per month, the difference may be used toward any other City-provided insurance benefit and/or City-sponsored deferred compensation program. The EMPLOYER will contribute a maximum of eight hundred sixty-five dollars ($865)per month per employee for calendar year 2014 for employee life insurance, group health insurance, long term disability insurance, and dental insurance. Should the cost of such benefits be less than$865 per month, the difference may be used toward any other City-provided insurance benefit and/or City-sponsored deferred compensation program. 2. WAGES See Appendix A. As a form of additional compensation, the EMPLOYER shall pay on a pro-rated monthly basis up to a maximum of$1,650 per year per employee for 2013 and 2014. In lieu of the cash payment, the employee may choose to apply such amount toward a City-sponsored deferred compensation program on a dollar-for-dollar matching basis. 3. DURATION This Memorandum of Understanding shall be effective as of January 1, 2013, unless otherwise noted, and shall remain in force and effect until December 31, 2014. This agreement shall continue in effect until a new agreement or contract supersedes it. 47 APPENDIX A Effective May 1, 2013: STEP I STEP II STEP III STEP IV STEP V STEP VI STEP VII ENTRY 1 YEAR 3 YEAR 5 YEAR 8 YEAR 9 YEAR 10 YEAR 83% 85% 87% 91% 94% 97% 100% LIBRARY DIRECTOR $6,842 $7,007 $7,171 $7,501 $7,748 $7,996 $8,243 COMMUNITY DEV. DIRECTOR $7,210 $7,384 $7,558 $7,905 $8,166 $8,426 $8,687 FIRE CHIEF $7,210 $7,384 $7,558 $7,905 $8,166 $8,426 $8,687 POLICE CHIEF $7,638 $7,822 $8,006 $8,374 $8,650 $8,926 $9,202 FINANCE DIRECTOR $7,844 $8,033 $8,222 $8,600 $8,884 $9,167 $9,451 PUBLIC WORKS DIRECTOR $8,140 $8,336 $8,532 $8,924 $9,219 $9,513 $9,807 Movement through the schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER. Effective January 1,2014: STEP I STEP II STEP III STEP IV STEP V STEP VI STEP VII ENTRY 1 YEAR 3 YEAR 5 YEAR 8 YEAR 9 YEAR 10 YEAR 83% 85% 87% 91% 94% 97% 100% LIBRARY DIRECTOR $6,979 $7,147 $7,315 $7,651 $7,904 $8,156 $8,408 COMMUNITY DEV. DIRECTOR $7,355 $7,532 $7,709 $8,064 $8,329 $8,595 $8,861 FIRE CHIEF $7,355 $7,532 $7,709 $8,064 $8,329 $8,595 $8,861 POLICE CHIEF $7,790 $7,978 $8,166 $8,541 $8,823 $9,104 $9,386 FINANCE DIRECTOR $8,001 $8,194 $8,387 $8,772 $9,062 $9,351 $9,640 PUBLIC WORKS DIRECTOR $8,302 $8,503 $8,703 $9,103 $9,403 $9,703 $10,003 Movement through the schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER. 48 CITY COUNCIL LETTER Meeting of. June 10, 2013 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: Resolution 2013-44, Being a BY: Linda L. Magee BY: Resolution Regarding the City Manager's Compensation and DATE: June 6, 2013 DATE: /J Benefits NO: As in previous years, the City Manager has received an adjustment in compensation and benefits consistent with that given the Public Managers' Association (PMA's). In order to continue this policy for the City Manager, the following adjustments would be granted: Effective May 1, 2013: 2%pay adjustment($127,581) Effective January 1, 2014: 2%pay adjustment($130,133) Effective January 1, 2013: $835 per month Employer contribution to insurances Effective January 1, 2014: $865 per month Employer contribution to insurances The attached resolution makes these changes to the City Manager's compensation and benefits. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2013-44, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2013-44,being a resolution regarding the City Manager's compensation and benefits. COUNCIL ACTION: 49 RESOLUTION NO. 2013-44 RESOLUTION REGARDING THE CITY MANAGER'S COMPENSATION AND BENEFITS WHEREAS, in previous years, the City Manager has received an adjustment in compensation and benefits consistent with that given to the management employees. NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Columbia Heights does hereby make the following modifications to the City Manager's compensation and benefits, consistent with pay adjustments and benefits granted other management employees: Effective May 1, 2013: 2%pay adjustment($127,581) Effective January 1,2014: 2%pay adjustment($130,133) Effective January 1, 2013: $835 per month Employer contribution to insurances Effective January 1, 2014: $865 per month Employer contribution to insurances Passed this day of June, 2013. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Tori Leonhardt, CMC City Clerk/Council Secretary 50 CITY COUNCIL LETTER Meeting of. June 10, 2013 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: June 5, 2013 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the June 10,2013 Council meeting. This agenda consists of applications for Contractor licenses for 2013 and a License for the Carnival, and Peddler licenses for representatives of Matt Milner Sales for the Jamboree. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for June 10, 2013 as presented. COUNCIL ACTION: 51 TO CITY COUNCIL June 10, 2013 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2013 BLDG *J.S. Cates Construction 2400 Cats Ranch Dr, Hamel $60 *McAlister Mechanical 15112 Lever St,Ham Lake $60 *P &D Plumbing 12756 Verdin St, Coon Rapids $60 Pete's Plumbing 12011 Eidelweiss, Coon Rapids $60 CARNIVAL LICENSE PW Family Fun Shows 20590 State Hwy 83, Mankato. $200 PEDDLER LICENSES POL Gerald Johnson and Erik Johnson 129852 d Ave, Fridley $50 For sales during Parade-Jamboree 52 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: June 10, 2013 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 148031 through 148202 in the amount of$ 663,583.39. 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June 10, 2013 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Zoning Amendment — 1612 minimum BY: Sheila Cartney BY:/_/�� floor area for one and one half and two DATE: June 5 2013 l %2�a story dwelling Background: In May 2013 the Economic Development Authority (EDA) finalized contracts to list and sell 12 scattered site lots and build with Timbercraft Homes.The majority of the scattered site lots are 5,160 square feet(40' wide lots).Timbercraft has presented the EDA with two model home styles for buyers to choose from both two-story homes. The models have a main floor area of 581 square feet(1,169sq.ft finished) and 597 square feet main floor area(1,197sq.ft.finished)both with unfinished basements.City Ordinance requires a one and one-half and two story dwellings to have a minimum floor area of 960 square feet on the main floor,plus 120 square feet for each additional bedroom over two. At the EDA meeting the representative from Timbercraft Homes explained that with these narrow lots it is hard to build a home with a large horizontal footprint that takes up the majority of the lot, it is more advantageous to build vertically to preserve what little open space there is.He also indicated that the model homes are minimums and if a buyer wanted a larger home they could build it if it fits within the parameters of the code, which could be accommodated on a few of the lots. The ordinance requires a minimum floor area of 1,020 square feet for every other dwelling type except for one and one-half to two story dwellings, which requires a main floor area minimum. The ordinance does not dictate the main floor area on the other housing styles rather just the minimum floor area allowing more flexibility in the design of the home. The proposed ordinance amendment would do the same for one and one half to two story dwellings. The proposed change is for the minimum main floor area to be reduced to 550 square feet with a total above grade minimum finished floor area of 1,020 square feet,pertaining to one and one half to two story dwellings. This is more in line with the intent of the ordinance and consistent with the other dwelling types. Recommendation: The Planning and Zoning Commission held a Public Hearing on June 4, 2013 and recommended approval of the ordinance amendment. A zoning amendment requires four fifths majority vote for City Council approval. Recommended Motion: MOTION: Move to waive the reading of Ordinance 1612, there being ample copies available to the public. MOTION: Move to set the second reading for Monday, June 24, 2013 at approximately 7:00 PM in the City Council Chambers. Attachments:Drat Ord. 1612(first reading)P&Z packet COUNCIL ACTION: 61 ORDINANCE NO. 1612 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO FLOOR AREA REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: 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)Dwellings (2)Floor area requirements. The following floor area requirements shall apply to all dwelling units within the city: (b) One and one-half and two story dwellings shall have a minimum floor area of 969 550 square feet on the main floor, plus 120 s e �° f r e ^h ^ad-itior„l bedfo.ln - -two with a total above grade minimum finished floor area of 1,020 square feet. Section 2: This Ordinance shall be in full force and effect from and after 30 days after its passage. First reading: June 10, 2013 Second reading: June 24, 2013 Date of passage: Offered by: Seconded by: Roll call: Mayor Gary Peterson Tori Leonhardt, City Clerk/Council Secretary 62 i i CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2013-0602 DATE: June 4, 2013 I TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for minimum floor area of one and one-half and two story dwelling PREPARED BY: Sheila Cartney, Assistant Community Development Director 3 i l INTRODUCTION In May 2013 the Economic Development Authority(EDA)finalized contracts to list and sell 12 scattered site lots and build with Timbercraft Homes. The majority of the scattered site lots are 5,160 square feet (40` wide lots). Timbercraft has presented the EDA with two model home styles for buyers to choose from both two-story homes. The models have a main floor area of 581 square feet(1,169sq.ft finished)and 597 square feet main floor area (1,197sq.ft. finished) both with unfinished basements. City Ordinance requires a one and one-half and two story dwellings to have a minimum floor area of 960 square feet on the main floor, plus 120 square feet for each additional bedroom over two. At the EDA meeting the representative from Timbercraft Homes explained that with these narrow lots it is hard to build a home with a large horizontal footprint that takes up the majority of the lot, it is more advantageous to build vertically to preserve what little open space there is. He also indicated that the model homes are minimums and if a buyer wanted a larger home they could build it if it fits within the parameters of the code, which could be accommodated on a few of the lots. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to "Advocate housing efforts that attract and retain residents, especially young families." An implementation strategy listed is to seek first time homebuyers for purchase of city owned property. Another goal listed is to "Preserve and reinvest in the housing stock to protect values and investment in the city." The Scattered site program obtains these goals by providing affordable "starter" homes and reinvesting in neighborhoods. I City of Columbia Heights Planning Commission June 4, 2013 City of Columbia Heights, Floor Area Ratio Case # 2013.0602 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 "Advocate housing efforts that attract and retain residents, especially young families."An implementation strategy listed is to seek first time homebuyers for purchase of city owned property. Another goal listed is to "Preserve and reinvest in the housing stock to protect values and investment in the city."The Scattered site program obtains these goals by providing affordable "starter"homes and reinvesting in neighborhoods. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would apply to all one and one-half and two-story dwellings throughout 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. 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 particularproperty. RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments • Draft zoning ordinance Page 2 64 i DRAFT ORDINANCE NO.1612 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO FLOOR AREA REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article 1, Section 9.106 (D) of the Columbia Heights City Code, is proposed to include the following additions and deletions: I § 9.106 GENERAL DEVELOPMENT STANDARDS. f i I (D) Dwellings (2)Floar area requirements. The following floor area requirements shall apply to all dwelling units within the city: a (b) One and one-half and two story dwellings shall have a minimum floor area of 968 550 square feet on the main floor, with a total above grade minimum floor area of 1,020 square feet. 3 I Section 2: {i 3 This Ordinance shall be in full force and effect from and after 30 days after its passage. First reading: June 10, 2013 Second reading: June 24,2013 I Date of passage: I Offered by: Seconded by: Roll call: Mayor Gary Peterson Tod Leonhardt,City Clerk 65 j i 54 Columbia Heights - Land Use design features that are architecturally compatible with the principal structure, screening vegetation, integrated parapet walls of sufficient height, or other means as approved by the Zoning Administrator. I (D) Dwellings. j E (1) General requirements. The following standards shall apply to all dwelling units within the city: (a) All single-family dwelling units shall be a minimum of 20 feet wide at the narrowest point. i (b) No accessory building or recreational vehicle shall be used at any time as a dwelling unit. I I (c) No basement dwelling (basements without upper floors) shall be used at any time as a dwelling unit, I (d) No more than three unrelated adults shall be tenants in any single dwelling unit. (2} Z�Floorarea requirements. The following floor area requirements shall apply to all dwelling snits wit the city: i (a) One-story dwellings shall have a minimum floor area of 1,020 square feet, plus 120 square feet for each additional bedroom over three. The floor area may be reduced to 960 square feet if the lot size is 6,500 square feet or less. onhe:One and one-half and two story dwellings shall have a minimum floor area of 960 square feet main floor, plus 120 square feet for each additional bedroom over two. (c) Split-level dwellings shall have a minimum floor area of 1,020 square feet, plus 120 square feet for each additional bedroom over three. The floor area may be reduced to 960 square feet if the lot is 6,500 square feet or less. (d) Split entry dwellings shall have a minimum floor area of 1,020 square feet, plus 120 square feet for each additional bedroom over three. The floor area may be reduced to 960 square feet if the lot is 6,500 square feet or less. (e) Two-family dwellings (duplexes) and town homes shall have a minimum floor area of 750 square feet per unit, plus 120 square feet for each additional bedroom over two. (f) Efficiency apartments shall have a minimum floor area of 400 square feet per unit. (g) One-bedroom apartments shall have a minimum floor area of 600 square feet per unit. (h) Two-bedroom apartments shall have a minimum floor area of 720 square feet per unit. 2007S-3 66