HomeMy WebLinkAbout11-09-2015 Regular MeetingMayor
Gary Peterson CO j`M Bi ' Counci lmembers �� H E[GHTS
Robert A. Williams
Bruce Nowrocki
City of Columbia Heights Donna Schmitt JohnMurzyn,Jr.
590 40 Avenue NE, Columbia Heights, MN 55421 -3878 (763) 706 -3600 TDD (763) 706 -3692 City Manager
Visit our website at: www.columbiaheightsmn.gov 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,
November 9, 2015 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights,
Minnesota.
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.)
CALL TO ORDER
1A. APPOINT SECRETARY PRO TEM
MOTION: Move to appoint Nancy Becker as Secretary Pro Tern
2. ROLL CALL
3. INVOCATION
Invocation provided by Bill Hugo, St Matthew Lutheran Church
4. PLEDGE OF ALLEGIANCE
S. 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.)
6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
7. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the Consent
Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order
of business.)
A. Approve Minutes of the City Council
MOTION: Move to approve the minutes of the City Council meeting of October 26, 2015 pg 4
MOTION: Move to approve the minutes of the work session of November 2, 2015 pg 15
B. Accept Board and Commission Minutes
MOTION: Move to accept the Draft Planning & Zoning minutes of November 4, 2015 pg 20
MOTION: Move to accept the Library Board minutes of October 7, 2015 pg 26
City of Columbia Heights
City Council Agenda
November 9, 2015
Page 2
C. Accept Bids and Award Contract for Sanitary Sewer Pipe Repair on Stinson Boulevard, South of 40th
Avenue pg 29
MOTION: Move to accept bid and award sanitary sewer repair on Stinson Boulevard to St Paul Utilities
and Excavating in the amount of $20,000; and, to authorize the Mayor and City Manager to enter into a
contract for the same.
D. Approve Final Compensating Change Order and Final Payment for Jackson Pond, Project 1308 pg 31
MOTION: Move to approve the final compensating change order and accept the work for the Jackson
Pond, City Project No. 1308; and to authorize final payment of $113.567.04 to Peterson Companies, Inc.
of Chisago, City, Minnesota.
E. Approve Final Compensating Change Order and Final Payment for Labelle Park Improvements,
Project 1306 pg 34
MOTION: Move to approve the final compensating change order and accept the work for the LaBelle
Park Improvements, City Project No. 1306; and to authorize final payment of $69,9522.95 to Odesa II,
LLC of Sauk Rapids, Minnesota.
F. Consideration of Assignment of Consulting Services Agreement for GIS Services and GIS Range Rider
Contract. pg 36
Part A: Assignment of Consulting Services Agreement for GIS Services
MOTION: PART A: ASSIGNMENT OF CONSULTING SERVICES AGREEMENT FOR 2015 GIS CONTRACT
MOTION: Move to approve the assignment of consulting services agreement for Flat Rock Geographics
and RE /SPEC, Inc; and, authorize the Mayor and City Manager to enter into an agreement for the same.
Part B: Extension of GIS Range Rider Contract
MOTION: PART B: CONSULTING SERVICES AGREEMENT FOR 2016 GIS CONTRACT
MOTION: Move to approve a one -year extension to the GIS Joint Powers Agreement in the amount of
$21,725; and, MOTION: Authorize the Mayor and City Manager to enter into an agreement for the same.
G. Solar Power for City Buildings
MOTION: Move to accept the Solar Engineering Study prepared by Apex Engineering of Anoka and P9 50
authorize the preparation of a 10 year PPA for adding solar power at: Top Valu 1; and a 15 year PPA at
the Public Safety Building, the Municipal Service Center, and the new Library.
H. Approve membership renewal for one year with League of MN Cities for $16,212 pg 64
MOTION: Move to approve membership renewal for one year with League of MN Cities for $16,212.
I. Approve Business License Applications pg 65
MOTION: Move to approve the items as listed on the business license agenda for November 9, 2015
J. Payment of Bills pg 67
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 158831 through 159012 in the amount of
$1,843,892.27.
City of Columbia Heights
City Council Agenda
November 9, 2015
Page 3
MOTION: Move to approve the Consent Agenda items.
8. PUBLIC HEARINGS
A. Resolution approving Variances for a proposed garage to be located at 4224 2nd Street NE. pg 75
MOTION: Move to close the public hearing and waive the reading of Resolution 2015 -89, there being
ample copies available to the public.
MOTION: Move to approve the Resolution No. 2015 -89, approving Variances for the property located at
4224 2nd Street NE.
B. An Interim Ordinance imposing a moratorium on auto related businesses within the City of pg 96
Columbia Heights.
MOTION: Waive the reading of Interim Ordinance No. 1622, there being ample copies available to the
public.
MOTION: To approve the Interim Ordinance No. 1622, imposing a moratorium on auto related
businesses within the City of Columbia Heights, on first consideration.
C. An Ordinance amending City Code of 2005 relating to the Floodplain Management Overlay District
requirements within the City of Columbia Heights.
Pig 99
MOTION: Waive the reading of Ordinance No. 1623, there being ample copies available to the public.
MOTION: To approve the Ordinance No. 1623, amending City Code of 2005 relating to the Floodplain
Management Overlay District requirements within the City of Columbia Heights, on first consideration.
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
B. Bid Considerations
C. New Business and Reports
10. ADMINISTRATIVE REPORTS
Report of the City Manager
Report of the City Attorney
11. 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.
12. ADJ URNMENT
Walt Fehst, City Man er
3
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
OCTOBER 26, 2015
The following are the minutes for the regular meeting of the City Council held at 7:00 PM on
MONDAY October 26, 2015 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia
Heights, Minnesota
1. CALL TO ORDER
Mayor Peterson called the meeting to order at 7:02 p.m.
2. ROLL CALL
Present: Mayor Peterson, Councilmembers Nawrocki, Schmitt, Williams and Murzyn, Jr.
Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, John Larkin; Assistant Fire Chief,
Joseph Kloiber; Finance Director, Kelli Bourgeois; HR Director /Assistant to the City Manager; Renee
Dougherty, Library Director; Brianna Belanger, Children's Librarian; Joe Hogeboom; Community
Development Director, Katie Bruno; City Clerk /Council Secretary
3. INVOCATION
Invocation provided by Sam Snyder, Bethel Christian Fellowship
4. PLEDGE OF ALLEGIANCE
Recited
5. 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.)
Mayor Peterson announced item 8B will be removed, as the property has been brought into
compliance.
6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
A. Introduction of Brianna Belanger, Children's Librarian.
Renee Dougherty introduced Brianna Belanger, reporting she began her employment on October
19th.
Mayor Peterson announced there will be Press Conference on October 29, 2015 at 2:00 PM,
regarding the proposal of a new Peace Park in the community.
7. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the
Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as
the next order of business.)
A. Approve Minutes of the City Council
MOTION: Move to approve the minutes of the City Council meeting of October 12, 2015
B. Accept Board and Commission Meeting Minutes. *Removed for discussion
MOTION: Move to accept the July 15, 2015 Charter Commission Minutes
MOTION: Move to accept the September 2, 2015 Library Board Minutes
C. Consideration of approval of attached list of rental housing applications.
MOTION: Move to approve the items listed for rental housing license applications for October 26,
2015, in that they have met the requirements of the Property Maintenance Code.
D. Adopt Resolution 2015 -87, being a resolution of the City Council for the City of Columbia Heights,
Minnesota, amending the 2015 budget for Cable Television Fund 225.
MOTION: Move to waive the reading of Resolution 2015 -87, there being ample copies available for the
public.
MOTION: Move to adopt Resolution 2015 -87, being a resolution of the City Council for the City of
Columbia Heights, Minnesota, amending the 2015 budget for Cable Television Fund 225.
E. Adopt Resolution 2015 -88, being a resolution of the City Council for the City of Columbia Heights,
Minnesota, amending Resolution 2015 -39 as it pertains to the Facility Supervisor Wage.
*Removed for discussion
F. Approve Business License Applications. *Removed for discussion
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 158655 through 158830 in the amount of
$ 1, 031, 614.19
Councilmember Nawrocki requested that items B, E and F be removed from the Consent Agenda for
discussion.
Motion by Councilmember Murzyn Jr., seconded by Councilmember Nawrocki to approve Consent
Agenda items A, C, D and G. All Ayes, Motion Carried.
Councilmember Nawrocki requested that the following items be removed from the Consent Agenda
for discussion:
B. Accept Board and Commission Meeting Minutes
MOTION: Move to accept the July 15, 2015 Charter Commission Minutes
MOTION: Move to accept the September 2, 2015 Library Board Minutes
Councilmember Nawrocki announced the Charter Commission is reviewing the Charter, section by
section, and are currently discussing franchises. Residents were encouraged to contact Mr.
Nawrocki with questions regarding the city's franchise agreements.
Councilmember Nawrocki asked for clarification of the donation tiers referenced in the library
board meeting minutes. City Manager Fehst gave an explanation of the varied amounts,
explaining the Library Foundation will have opportunities available for both businesses and
individuals to make donations.
Motion by Councilmember Nawrocki, seconded by Councilmember Williams to accept the Board &
Commission minutes from the Charter Commission and the Library Board meetings. All Ayes,
Motion Carried.
E. Adopt Resolution 2015 -88, being a resolution of the City Council for the City of Columbia
Heights, Minnesota, amending Resolution 2015 -39 as it pertains to the Facility Supervisor Wage.
Councilmember Nawrocki questioned why we have had low interest in this position. Kelli
Bourgeois, Human Resource Director /Assistant to the City Manager speculated that it could be due
to the fact that the school district hires for similar positions, and pay a higher rate. Another factor
may be the job responsibilities associated with the job.
Councilmember Schmitt commented that because of the job responsibilities, the new wages are
appropriate, and is hoping this will help.
Motion by Nawrocki, seconded by Schmitt to waive the reading of revised Resolution 2015 -88,
there being ample copies available for the public. All Ayes, Motion Carried.
Motion by Nawrocki, seconded by Murzyn, Jr. to adopt revised Resolution 2015 -88, being a
resolution of the City Council for the City of Columbia Heights, Minnesota, amending Resolution
2015 -39 as it pertains to the Facility Supervisor Wage. All Ayes, Motion Carried.
F. Approve Business License Applications
Councilmember Nawrocki questioned what the signed waiver referenced consists of. Community
Development Director Joe Hogeboom explained some of the information contained on the waiver
may be private, and for that reason they are not included in the council packet. Mr. Hogeboom
stated he will provide more information on the waiver in the upcoming Green Sheet.
Motion by Schmitt, seconded by Murzyn, Jr. to approve the items as listed on the business license
agenda for October 26, 2015. All Ayes, Motion Carried.
8. PUBLIC HEARINGS
A. Consideration of Declaration of a nuisance and abatement of violations within the city of
Columbia Heights is requested regarding the property at 160137 th Avenue NE for failure to meet
the requirements of the Residential Maintenance Code.
Assistant Fire Chief John Larkin explained the property owner has failed to make repairs as required
pursuant to the property maintenance code.
11
Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to close the public
hearing and to waive the reading of Resolution Number 2015 -84, there being ample copies
available to the public. All Ayes, Motion Carried.
Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to adopt Resolution
Number 2015 -84 being resolution of the City Council of the city of Columbia Heights declaring the
property listed a nuisance and approving the abatement of violations from the property pursuant to
City Code section 8.206. All Ayes, Motion Carried.
Councilmember Schmitt noted the wording on the council letter should be changed to Property
Maintenance Code, rather than Residential Maintenance Code in the future.
C. Resolution 2015 -86 adopting a housing program with respect to a multifamily senior housing
project; granting preliminary approval for the issuance of multifamily housing revenue bonds to
finance the project under Minnesota statutes, chapter 462c, as amended; and authorizing the
reimbursement of expenditures made in anticipation of the issuance of such bonds
Finance Director Joe Kloiber reported the redeveloper, Dominium, has requested that the City
assist them with certain project financing by issuing conduit revenue bonds on their behalf for this
project, in the event the developer would default on the bonds, the City's bond credit rating would
not be affected. The agreement(s) associated with the proposed bonds require the redeveloper to
reimburse the City for the costs to issue the bonds and to pay the City an administrative fee.
Councilmember Schmitt questioned if there are minimum income requirements for potential
residents.
John Utley, Kennedy & Graven explained there is no minimum in the legal requirements, noting the
developer may have their own income requirements.
Councilmember Schmitt questioned if there fees associated with the transaction. Director Kloiber
explained all fees are covered under the agreement; the contract lists a 1% fee upfront, and no
annual fee.
Councilmember Nawrocki asked what the impact of this outstanding debt could have on the City's
credit rating.
Director Kloiber explained this is not the type of debt that counts towards statutory debt limit, and
it does not count towards the rating.
John Utley confirmed the rating agencies do not take these in account when establishing a rating.
Motion by Councilmember Williams, seconded by Councilmember Schmitt to close the public
hearing and waive the reading of Resolution 2015 -86, there being ample copies available to the
public. All Ayes, Motion Carried.
Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution
2015 -86, being a resolution adopting a housing program with respect to a multifamily senior
housing project; granting preliminary approval for the issuance of multifamily housing revenue
bonds to finance the project under Minnesota statutes, chapter 462c, as amended, and authorizing
the reimbursement of expenditures made in anticipation of the issuance of such bonds. All Ayes,
Motion Carried.
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
B. Bid Considerations
C. New Business and Reports
10. ADMINISTRATIVE REPORTS
Report of the City Manager
City Manager Fehst reported the library construction continues to be on schedule. Fehst
commented that there has been a lot going on in the City this year, including; the new library, the
new splash pad, LaBelle Park, and the upcoming Dominium project.
Councilmember Nawrocki asked if significant donations are made to the library, if it could be used
to reduce the portion being paid by the City. Manager Fehst explained these items are outside of
the budget the council set.
Councilmember Nawrocki reported that he recently received a notice from the rubbish collector,
he noted there was no address on the notice, nor was it attached to his can. Manager Fehst said
he will follow -up.
Report of the City Attorney
Mr. Hoeft had nothing report.
11. 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.
Mayor Peterson reminded all to remember our service men and women, our police and
firefighters, and to do a random act of kindness.
12. ADJOURNMENT
Meeting adjourned at 7:58 p.m.
Respectively Submitted,
Katie Bruno, Council Secretary /City Clerk
RESOLUTION NO. 2015 -84
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 David Roberts (Hereinafter "Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 160137 th Avenue NE,
8
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 August 3, 2015.
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 July 30, 2015, 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 September 1, 2015, 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.
3. That on September 23, 2015, inspectors re- inspected the property and found that violations
remained uncorrected.
4. That based upon said records of the Fire Department, the following condition
5. ns and violations of City Codes(s) were found to exist, to wit:
A. Shall fix peeling paint around windows, trim, fascia, and sign out front.
B. Shall repair /replace deteriorated paved area on west side of property.
6. 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 1601 37th Avenue NE 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 160137 th Avenue NE 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.
9
RESOLUTION NO. 2015 -86
ADOPTING A HOUSING PROGRAM WITH RESPECT TO A MULTIFAMILY SENIOR HOUSING
PROJECT; GRANTING PRELIMINARY APPROVAL FOR THE ISSUANCE OF MULTIFAMILY HOUSING
REVENUE BONDS TO FINANCE THE PROJECT UNDER MINNESOTA STATUTES, CHAPTER 462C, AS
AMENDED; AND AUTHORIZING THE REIMBURSEMENT OF EXPENDITURES MADE IN
ANTICIPATION OF THE ISSUANCE OF SUCH BONDS
BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota (the "City "), as follows:
Section 1. Recitals.
1.01. The City is a home rule charter city duly organized and existing under the Constitution and laws
of the State of Minnesota.
1.02. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Housing Act "), the City is
authorized to carry out the public purposes described in the Housing Act by providing for the issuance of
revenue bonds or other obligations to finance or refinance multifamily housing developments, including
multifamily senior housing developments, located within the City. As a condition to the issuance of revenue
bonds under the Housing Act, the City must adopt a housing program providing the information required by
Section 462C.03, subdivision 1a of the Housing Act (the "Housing Program "). A public hearing must be held in
accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the
"Code "), and regulations promulgated thereunder (the "Regulations "), and the requirements of the Housing Act.
The City Council of the City (the "Council ") must also grant preliminary approval to the issuance of revenue
bonds to finance the multifamily senior housing development referred to in the Housing Program, and authorize
the submission of an application to Minnesota Management & Budget for an allocation of bonding authority
with respect to the Bonds (as hereinafter defined) to finance the Project (as hereinafter defined).
1.03. Columbia Heights Leased Housing Associates I, LLLP, a Minnesota limited liability limited
partnership (the "Borrower "), has proposed that the City, pursuant to the Housing Act, issue its revenue bonds
in an aggregate principal amount not to exceed $32,000,000, in one or more series (the "Bonds "), the proceeds
of which will be loaned by the City to the Borrower. The Borrower will apply the proceeds of such loan to:
(i) the acquisition, construction, and equipping of a multifamily senior housing facility comprised of 191
affordable independent - living rental apartments to be located in a four -story building, together with related
common amenity spaces over one floor of underground parking, including a party room, theatre, fitness center,
cards /crafts room, salon, library and a landscaped patio, to be located at 3700 5th Street NE in the City (the
"Project "); (ii) the funding of one or more reserve funds to secure the timely payment of the Bonds; (iii) the
payment of interest on the Bonds during the construction of the Project; and (iv) the payment of the costs of
issuing the Bonds.
1.04. Under Section 147(f) of the Code, prior to the issuance of the Bonds a public hearing duly
noticed must be held by the Council. Under Section 462C.04, subdivision 2 of the Act, a public hearing must be
held on each housing program after one publication of notice in a newspaper circulating generally in the City, at
least fifteen days before the hearing.
1.05. Under Section 146 of the Code, the Bonds must receive an allocation of the bonding authority of
10
the State of Minnesota. An application for such an allocation must be made pursuant to the requirements of
Minnesota Statutes, Chapter 474A, as amended (the "Allocation Act ").
Section 2. Preliminary Findings. Based on representations made by the Borrower to the City to date,
the Council hereby makes the following preliminary findings, determinations, and declarations:
(a) The Project consists of a housing development designed and intended to be used for rental
occupancy.
(b) The proceeds of the Bonds will be loaned to the Borrower and the proceeds of the loan will be
applied to: (i) the acquisition, construction, and equipping of the Project; (ii) the funding of one or more reserve
funds to secure the timely payment of the Bonds; (iii) the payment of interest on the Bonds during the
construction of the Project; and (iv) the payment of the costs of issuing the Bonds. The City will enter into a loan
agreement (or other revenue agreement) with the Borrower requiring loan repayments from the Borrower in
amounts sufficient to repay the loan when due and requiring the Borrower to pay all costs of maintaining and
insuring the Project, including taxes thereon.
(c) In preliminarily authorizing the issuance of the Bonds and the financing of the acquisition,
construction, and equipping of the Project and related costs, the City's purpose is and the effect thereof will be
to promote the public welfare of the City and its residents by retaining and improving multifamily housing
developments and otherwise furthering the purposes and policies of the Housing Act.
(d) The Bonds will be limited obligations of the City payable solely from the revenues pledged to the
payment thereof, and will not be a general or moral obligation of the City and will not be secured by or payable
from revenues derived from any exercise of the taxing powers of the City.
Section 4. Public Hearing. On October 26, 2015, the City conducted a public hearing on the Housing
Program, the Project, and the issuance of revenue obligations by the City, notice of which hearing (the "Public
Notice ") was published as required by Minnesota Statutes, Section 462C.04, subdivision 2 of the Housing Act,
and as required by Section 147(f) of the Code and applicable Regulations promulgated thereunder. The Public
Notice provided a general, functional description of the Project, as well as the maximum aggregate face amount
of the obligations to be issued for the purposes referenced above, the identity of the initial owner, operator, or
manager of the Project, and the location of the Project. The Public Notice was published in the Sun Focus, the
official newspaper and a newspaper circulating generally in the City, on October 9, 2015, a date at least 15 days
before the meeting of the Council on October 26, 2015. At the public hearing a reasonable opportunity was
provided for interested individuals to express their views, both orally and in writing, on the Project and the
proposed issuance of revenue obligations.
Section 5. Housing Program. Bond counsel, as described below, prepared and submitted to the City a
draft Housing Program to authorize the issuance by the City of up to $32,000,000 in revenue bonds to finance
the acquisition, construction, and equipping of the Project by the Borrower The Housing Program was prepared
and submitted to the Metropolitan Council for its review on or before the date of publication of the Public
Notice.
Section 6. Preliminary Approval. The Council hereby provides preliminary approval to the issuance of
the Bonds in the approximate aggregate principal amount of $32,000,000 to finance all or a portion of the costs
of the Project pursuant to the Housing Program of the City, subject to: (i) review of the Housing Program by the
Metropolitan Council; (ii) receipt of an allocation of the bonding authority from the State of Minnesota; (iii) final
is
approval following the preparation of bond documents; and (iv) final determination by the Council that the
financing of the Project and the issuance of the Bonds are in the best interests of the City.
Section 7. Submission of an Application for an Allocation of Bonding Authority. Under Section 146 of
the Code, the Bonds must receive an allocation of the bonding authority of the State of Minnesota. An
application for such an allocation must be made pursuant to the requirements of the Allocation Act. The Council
hereby authorizes the submission of an application for allocation of bonding authority pursuant to Section 146
of the Code and the Allocation Act in accordance with the requirements of the Allocation Act. The Mayor of the
City, the City Manager, and Kennedy & Graven, Chartered, acting as bond counsel of the City with respect to the
Project and the Bonds, are hereby authorized and directed to take all actions, in cooperation with the Borrower,
as are necessary to submit an application for an allocation of bonding authority to Minnesota Management &
Budget.
Section 8. Reimbursement of Costs under the Code.
8.1. The United States Department of the Treasury promulgated by Section 1.150 -2 of the
Regulations, which governs the use of the proceeds of tax - exempt bonds, all or a portion of which are to be used
to reimburse the City or the Borrower for project expenditures paid prior to the date of issuance of such bonds.
Section 1.150 -2 of the Regulations requires that the City adopt a statement of official intent to reimburse an
original expenditure not later than sixty (60) days after payment of the original expenditure. Section 1.150 -2 of
the Regulations also generally requires that the bonds be issued and the reimbursement allocation made from
the proceeds of the bonds occur within eighteen (18) months after the later of: (i) the date the expenditure is
paid; or (ii) the date the project is placed in service or abandoned, but in no event more than three (3) years
after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures
and costs of issuance of the bonds.
8.2. To the extent any portion of the proceeds of the Bonds will be applied to expenditures with
respect to the Project, the City reasonably expects to reimburse the Borrower for the expenditures made for
costs of the Project from the proceeds of the Bonds after the date of payment of all or a portion of such
expenditures. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Bonds, or
other expenditures eligible for reimbursement under Section 1.150- 2(d)(3) of the Regulations and also qualifying
expenditures under the Housing Act.
Based on representations by the Borrower, other than (i) expenditures to be paid or reimbursed from
sources other than the Bonds, (ii) expenditures permitted to be reimbursed under prior regulations pursuant to
the transitional provision contained in Section 1.150- 2(j)(2)(i)(B) of the Regulations, (iii) expenditures
constituting preliminary expenditures within the meaning of Section 1.150- 2(f)(2) of the Regulations, or (iv)
expenditures in a "de minimus" amount (as defined in Section 1.150- 2(f)(1) of the Regulations), no expenditures
with respect to the Project to be reimbursed with the proceeds of the Bonds have been made by the Borrower
more than sixty (60) days before the date of adoption of this resolution of the City.
8.3. Based on representations by the Borrower, as of the date hereof, there are no funds of the
Borrower reserved, allocated on a long term -basis or otherwise set aside (or reasonably expected to be
reserved, allocated on a long -term basis or otherwise set aside) to provide permanent financing for the
expenditures related to the Project to be financed from proceeds of the Bonds, other than pursuant to the
issuance of the Bonds. This resolution, therefore, is determined to be consistent with the budgetary and
financial circumstances of the Borrower as they exist or are reasonably foreseeable on the date hereof.
12
Section 9. Costs. The Borrower will pay the administrative fees of the City and pay, or, upon demand,
reimburse the City for payment of, any and all costs incurred by the City in connection with the Project and the
issuance of the Bonds, whether or not the Bonds are issued.
Section 10. Commitment Conditional. The adoption of this resolution does not constitute a guarantee
or a firm commitment that the City will issue the Bonds as requested by the Borrower. If, as a result of
information made available to or obtained by the City during its review of the Project, it appears that the Project
or the issuance of Bonds to finance or refinance the costs thereof is not in the public interest or is inconsistent
with the purposes of the Housing Act, the City reserves the right to decline to give final approval to the issuance
of the Bonds. The City also retains the right, in its sole discretion, to withdraw from participation and
accordingly not issue the Bonds should the Council, at any time prior to the issuance thereof, determine that it is
in the best interests of the City not to issue the Bonds or should the parties to the transaction be unable to reach
agreement as to the terms and conditions of any of the documents for the transaction.
Section 11. Effective Date. This Resolution shall be in full force and effect from and after its passage.
RESOLUTION NO. 2015 -87
A resolution of the City Council for the City of Columbia Heights, Minnesota, amending the 2015
budget for Cable Television Fund 225.
Whereas, on December 8th 2014, the City Council adopted an initial 2015 budget for Cable Television
Fund 225 by resolution 2014- 91; and
Whereas, the City as franchisor, subsequently negotiated and collected a total of $22,500 in additional
2015 revenue from two cable television franchisees to fund legal costs of the City attributable to
administrative actions requested by the franchisees; and
Whereas, the expenditure of this additional revenue was not included in initial 2015 budget;
Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights makes the following:
ORDER OF COUNCIL
IT IS HEREBY RESOLVED, that the 2015 budget for Cable Television Fund 225 is amended for an
increase of $22,500 in both revenue and expenditures.
RESOLUTION NO. 2015 -88
A resolution of the City Council for the City of Columbia Heights, Minnesota, amending Schedule III of
Resolution 2015 -39, Facility Supervisor wage rate.
Whereas, on May 11, 2015, the City Council approved Resolution 2015 -39 establishing wages for
seasonal /temporary recreation and other positions including the position of Facility Supervisor; and
13
Whereas, the City has been trying to fill vacant part time Facility Supervisor positions since February, 2015
and has not received adequate applications for the positions; and
Whereas, the lack of staffing has caused the City to have to reduce open gym hours at the Highlander
Center.
Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City
Council of the City of Columbia Heights makes the following:
ORDER OF COUNCIL
IT IS HEREBY RESOLVED, that Schedule III of Resolution 2015 -39 is hereby amended to establish the wage
range for the Facility Supervisor as follows effective November 1, 2015:
ENTRY 6 MONTH 1 YEAR 2 YEARS
$12.41 $13.03
$13.65 $14.27
3 YEARS 4 YEARS
$14.89 $15.51
14
Meeting of:
Date of Meeting:
Time of Meeting:
Location of Meeting:
Purpose of Meeting:
CALL TO ORDER /ROLL CALL
The meeting was called to order at 7:00 PM
COLUMBIA HEIGHTS CITY COUNCIL
November 2, 2015
6:30 PM
Conference Room #1
WORKSESSION
Present: Mayor Peterson, Councilmembers Murzyn Jr, Williams, Nawrocki and Schmitt
Also Present: City Manager Walt Fehst, Finance Director Joe Kloiber, Human Resources
Director /Assistant to the City Manager Kelli Bourgeois, Library Director Renee Dougherty, Public Works
Director Kevin Hansen, Facilities Maintenance Supervisor Erik Hanson, Community Development
Director Joe Hogeboom, Assistant Finance Director Jackie Zillmer and City Clerk /Council Secretary
Katie Bruno.
Report on Solar Engineering Study
Director of Public Works Kevin Hansen gave an overview of the feasibility of adding solar panels to the
following four city buildings; Public Works, Public Safety, the New Library and Top Valu, Store #1.
Two programs are being considered; Made in Minnesota and Rooftop Solar. The City would enter into
a Power Purchase Agreement (PPA) with an investor.
The City is looking at the Made in Minnesota program for Top Valu 1. Over a 25 year time period the
City would save approximately $156,000; it was noted there are not any capital costs to the City.
For the other three buildings, the City is considering Rooftop Solar, again a PPA would be required.
A graph was displayed detailing the cost savings over 15, 20 and 25 years. Overall the City has the
potential to save approximately $1,000,000 in electrical costs for the four buildings.
Hansen noted the council will need to consider a PPA agreement before the end of the year.
Councilmember Nawrocki asked if the panels could damage the roofs. Hansen explained the panels
are ballasted on, and will not sit directly on the roof.
Councilmember Schmitt asked if Murzyn Hall has been considered. Director Hansen stated he will look
into that in 2016.
Councilmember Nawrocki suggested doing one building, commenting the council is not sure of the
future of the liquor store. Finance Director Joe Kloiber explained this is a long term investment for the
City, and he panels can be removed if a building is sold.
Staff recommendation is to enter into a 10 year PPA for Top Valu and a 15 year PPA for the other
three buildings.
15
Utility Rate Study 2016 -2020
Director of Public Works Kevin Hansen reported two previous studies were completed in 2003 and
2007. The rate study was last updated in 2010, and extended until 2014. The 2015 rates are
unchanged from 2014.
TKDA was hired to review various rate scenarios for our water, sanitary sewer, storm sewer and
refuse enterprise departments.
The following are factors that are influencing the current operations of each Enterprise Fund:
• The water, sanitary and refuse budgets are all impacted by service contracts . As an example,
MCES fees have increased 4.5% and 5.5% in the last two years and our tipping fees have
increased 68% since 2009.
• The Sanitary Sewer Fund does not currently generate sufficient revenue to cover operating
expenses. The 2015 CAFR shows a net shortfall of $200,000.
• The Sanitary Sewer department has also experienced additional demands: internal aggressive
sewer cleaning, 1/1 disconnect program, backflow prevention program; and externally the
MCES 1/1 surcharge program -that may add $125,000 per year until satisfactory 1/1 reductions
are made.
• The Water department budget has been impacted primarily in capital improvements with the
addition of a cleaning and lining program under the City of Minneapolis annual program, and
water main replacements.
• The Storm Sewer Fund does not currently generate sufficient revenue to cover operating and
debt service expenses. The 5 -year permit (NPDES) was recently revised in June of 2014
increasing the demands of the department.
• Our Capital Improvement Plan (CIP): The city's infrastructure is aging; while we are investing to
address those needs with repairs, rehabilitation and replacement, it is Public Works opinion
that the current levels are not adequate to meet the long- term need of our utility
infrastructure needs.
The Final Utility Rate Study report will be presented to the Council at a future meeting.
The average resident will see an increase of 3% in 2016, 6% in 2017 (this year tax - payers will receive
the fiscal disparities subsidy) and 3.5% in 2018 and 2019.
TKDA recommended removing the senior discount. Currently fewer than 200 residents qualify for the
discount. Councilmember Schmitt suggested implemented a program to assist seniors in ensuring
their utilities are working efficiently.
Director Kloiber noted the proposed rates yield a shortfall in the utility funds.
Discussion regarding 2016 Budget
Administration
City Clerk Katie Bruno reported the Mayor Council budget has an overall decrease of $173. The
Sunshine Fund has an increase of $500 to cover inflation, most decreases are in personnel services.
The City Clerk Budget has an overall increase of $51,777 due to the 2016 Presidential Election.
Human Resource Director /Assistant to the City Manager Kelli Bourgeois reported the City Manager
Budget has an increase of $18,500, largely due to personnel costs, as well as the $3,000 inclusion for
IS services. The Legal Services budget decreased by $9,900, due to labor negations being done
in- house.
Ms. Bourgeois reported the Cable Budget will see an increase of $35,175, noting we will see $35,000
in revenue from the PEG programming. We will be required to upgrade equipment to our cable
equipment. Additional increases include $7,700 for Neogov, this will allow on -line employment
applications.
Councilmember Nawrocki stated we should consider a decrease the amount residents are paying for
cable because of the PEG fee revenue. Bourgeois reported that the franchise fees for Comcast are
already settled; additionally the revenue is expected to cover the cost of necessary upgrades.
The council discussed whether to change to HD (high definition) or stay with SD (standard definition).
Councilmember Schmitt asked if it is necessary to upgrade to HD. Bourgeois noted it is not required,
and is an additional cost of $15,000. The council discussed ways to increase the use of our cable
channel, and it was noted that HD may be preferred going forward. Mayor Peterson indicated he
would support the acquisition of high definition equipment, Council member Schmitt stated she
would support standard definition. Bourgeois will look into what the industry standard is, as well as
look at best options for our usage level.
Liquor
Finance Director Joe Kloiber reported the three liquor stores have an approximate 2% decrease
overall combined. This is due to projected energy savings, as well as some personnel restructuring.
The council had staff to look at privatization scenarios and a 5 year pro forma if sales decrease.
In 2017 the debt for the stores can be refinanced, resulting in a cost savings. The County assessed the
three buildings at $2,103,400, which Kloiber though was low, noting the county valuation lags about
30% below the market. The existing debt is greater than the amount the properties could be sold for,
indicating selling is not advisable. The option to sell as a going for concern was explained. Mayor
Peterson stated he sees no reason to get out of the business, noting the stores are making money.
Community Development
Director of Community Development Joe Hogeboom explained Community Development has three
functional areas; Planning & Zoning, Economic Development and Building Inspections.
The overall increase is 2 %. Contributors to the decrease include an overall planned increase in
salaries, decreases in supply costs, outside professional services and training expenses. Director
Hogeboom reported the building permit revenue is higher than expected due to the increase in
construction activity. Hogeboom explained the decision was made not to fill the Assistant
Community Development Director position, and to bring back the position of Planner. A part -time
Community Development Secretary will be hired as well. The re- organization of the department are
cost neutral.
Councilmember Nawrocki questioned why staff is not being reduced due to the recent sale of Park
View Villa. Director Hogeboom explained that many of those duties were done by non -city personnel.
Finance Director Kloiber clarified that the department is increasing the number of staff, not the
amount of resources. Councilmember Schmitt stated she sees the addition of the part -time secretary
as advantageous.
Public Works
Director of Public Works Kevin Hansen reported wage increased were 2.25% to 2.5 %, no personnel
budget changes are anticipated. Infrastructure is a growing concern for Public Works. Expected
17
"RFPs" for 2016 include a Refuse contract, a HVAC maintenance for all public buildings, and
automation controls for buildings.
The street department has an increase of 1.3 %, due to wages, chemicals and salt.
Street Lighting has a decrease of 2 %, due to a decrease in electrical costs.
Traffic Signs & Signals covers contracts for non -trunk highways and lane striping and painting. A 2.7%
increase is anticipated.
Parks has a 1.1% increase, due to personnel increases.
Huset Field 5 is having lighting issues, which will need to be addressed.
Urban Forestry has a 5.5% increase, this is to cover EAB inspection and removal.
All departments result in a 2.6% increase.
Councilmember Schmitt asked about the park dedication fee expected from Dominium, and
suggested considering a multi -age park. Director Hansen will relay the request to the Park &
Recreation Commission.
State Aid Maintenance
Major Maintenance is proposed for 2016. Projects include crack sealing, closing the median on
Central at the new library, two retaining walls, milling of streets, and maintenance on three
intersections along Central Ave.
Infrastructure Fund
Seal coat in Zone 7 and the construction area in Zones 2 and 3.
Water Fund
A 1% increase is proposed, due to the price in purchased water from Minneapolis Waterworks.
Debt Service
This includes debt service for water tower maintenance.
Sanitary Sewer
A 1.6% increase is proposed. Director Kloiber reported the League of Minnesota Cities recently
changed the way the insurance premiums are calculated.
Refuse
This is contract driven; there has been a steady increase of 3% in 2015, 2016 and 2017.
Building Maintenance
Personnel costs are expected to increase due Step increases and the anticipated additional workload
at the new library.
Capital Equipment requested include replacing the smaller asphalt roller, and a slope mower for
parks. The sewer department is requesting a backhoe and breaker. Councilmember Murzyn, Jr.
suggested replacing two pieces of equipment and get a better vehicle. Director Hansen will look at
options, and report back to the council.
18
Capital Improvements include two RTUs at City Hall, sheetrock in the Community Development area,
and carpet in the Administration area.
A LED sign is proposed for the new library, although it was noted it may be funded from the library
fund.
Park Improvements include playground equipment at Circle Terrace Park, a small restroom /changing
area and an additional shade structure for the Huset Park splash pad.
Councilmember Schmitt asked if there are any improvements planned for Lomianki Park. Director
Hansen indicated the Park & Recreation Commission did not include it in their recent master plan
discussion.
Utility Fund
The water tower is scheduled to be repainted in 2016. Water mains and sanitary sewers are
scheduled to be cleaned and lined. Pond reconstruction is planned for the Silver Lake boat landing.
Meeting Adjourned at 10:37 PM
Respectively Submitted,
Katie Bruno, City Clerk /Council Secretary
19
DRAFT MINUTES OF
PLANNING AND ZONING COMMISSION
NOVEMBER 4, 2015
7:00 PM
The meeting was called to order at 7:00 pm by Chair Szurek.
Commission Members present- Buesgens, Lee, Hoium, and Szurek.
Members Absent: Fiorendino
Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council
Liaison, John Murzyn.
Motion by Buesgens, seconded by Hoium, to approve the minutes from the meeting of October 6,
2015. All ayes. MOTION PASSED.
Szurek asked what the outcome of last month's LED sign requests were. Holmbeck told her the City
Council followed the recommendations of the Planning & Zoning Commission and approved the
CUP with the conditions noted, but denied the Variance regarding the size of the sign. She stated the
applicant has decided to wait until the sign code is changed to decide if he will proceed investing in
an LED sign based on the size that will be allowed.
PUBLIC HEARINGS
CASE NUMBER: 2015 -1101
APPLICANT: John Holmberg, Owner
LOCATION: 42242 "d Ave NE
REQUEST: Variance
Holmbeck stated that John Holmberg is requesting a Variance for a proposed accessory structure
(garage) at the property located at 4224 2nd St. NE. The Variance request is for the following three
deviations from City Code:
1. Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure to be located to the side of
the principal structure, rather than behind the building line. City Code requires that detached
accessory structures be located behind the principal structure building line.
2. Waiver to Section 9.106 (C) (1) (e)- allowing the combination of accessory structures to
exceed the maximum allowed square footage by 8 square feet. City Code allows for a
maximum of 1,000 square feet in area, for accessory structures. The applicant is proposing to
have two accessory structures on the lot, with a combination of 1,008 square feet in area.
3. Waiver to Section 9.106 (C) (1) (f)- allowing an accessory structure to exceed the maximum
allowed height by 2 feet and 7 inches. City Code requires that accessory structures do not
exceed 18 feet in height. The proposed garage height is 20' 7 ".
20
P & Z Minutes
Page 2
Nov 4, 2015
ZONING ORDINANCE
The property is located in the R -2A, One and Two Family Residential Zoning District. The properties
to the north, south, east and west are also located in the R -2A, One and Two family Residential
Zoning District. The properties to the southeast are located in the R -2B, Built as Duplexes Zoning
District.
COMPREHENSIVE PLAN
The Comprehensive Plan designates this area for low density residential. Being that the proposed
accessory structure would be for the existing house on the property, the Variance request is consistent
with the types of uses guided for this area.
FINDINGS OF FACT
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 applicant's property is a larger parcel when compared to many of the lots in
Columbia Heights. The parcel is comprised of three 40 foot lots, and one 20 foot lot. The
lots were previously combined at some time in the past. In order to keep the existing
garage and utilize the alley for access to the new garage, the applicant is proposing to
build the garage in the backyard, but off to the side of the existing house. Currently, there
would not be enough room to keep the existing garage and add an additional garage
behind the building line of the home.
The applicant has stated that the house on the property is small, and as such, poses
difficulties in terms of storage on the property. The previous owner had built a carport
attached to the existing garage and two additional sheds on the parcel. The applicant is
proposing to take down these structures. The original garage would be kept on the
property, directly behind the house, and the new garage would be constructed in the
backyard, off to the side of the home. According to the applicant, the height and square
footage Variance requests, will allow the property owner to maximize storage on the
property.
b) The conditions upon which the Variances are based are unique to the specific parcel of
land involved and are generally not applicable to other properties within the same zoning
classification.
This is correct. The majority of the lots in Columbia Heights range from 40, 50, and 60
feet in width. The subject property's dimensions are 140 X 130 with total of 18,200 square
feet. The majority of the lots throughout the City are on average, between 5,200 and 9,100
total square feet. The subject property is well over double the total square footage of a
typical lot in Columbia Heights.
Q
P & Z Minutes
Page 3
Nov 4, 2015
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.
This is correct.
d) The granting of the Variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
This is correct. The Comprehensive Plan designates this property as low density
residential. The applicant is proposing a modern garage for the existing single family
home.
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.
This is correct. The granting of the variances should not be materially detrimental to the
public welfare or the use of the properties in the vicinity. Additionally, since the public
hearing notices were sent out to the neighboring properties within 350 feet of the subject
property, and posted in the local paper, there have been no concerns brought forth at this
time.
Staff recommends approval of the Variances for an accessory structure, to be located at 4224 2nd
Street NE.
Questions from members:
Hoium asked why the garage had to be placed completely behind the house. He said he has observed
others throughout the city that are positioned differently -but agrees they should be placed even
with the house line or back. Holmbeck said there are many throughout the City that were built
before the current language was added to the code. He then asked why the garage had to be
207' in height.
Lee asked if there would be an apartment in the top area of the garage. Holmbeck told members that
dwelllings units above a detached garage space are not allowed by our code. He can use it for a
studio space or storage space, but no one can reside in the space.
Szurek asked if the existing shed would be removed, and if it is, he could position the structure
properly. She stated it will look like two homes are located on this property.
22
P & Z Minutes
Page 4
Nov 4, 2015
Public Hearing Opened.
John Holmberg, the applicant was present to answer these questions. He told members that the
existing garage will be kept, but the additions to the garage will be removed along with the
carport and 2 sheds. The old garage will have 280 sf and the new garage is proposed to be 728
sf for a total of 1008 s£ This will comply with the maximum number of accessory building
allowed, which is two. Holmberg stated that he deliberately designed the new garage structure
to look like the house as he thought it would be aesthetically pleasing, and that is the reason for
the extra height. He is aware that he cannot use the upper space as a dwelling unit. He said it is
planned for storage only.
Public Hearing closed.
Motion by Buesgens, seconded by Hoium, to close the public hearing and waive the reading of
Resolution 2015 -89, there being ample copies available to the public. All ayes. MOTION
PASSED.
Motion by Buesgens, seconded by Hoium, that the Planning Commission recommends the City
Council approve the Resolution No. 2015 -89 approving Variances for the property located at 4224
2 "d Street NE.,
1. Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure to be located to the side
of the principal structure, rather than behind the building line. City Code requires that
detached accessory structures be located behind the principal stricture building line.
2. Waiver to Section 9.106 (C) (1) (e)- allowing the combination of accessory structures to
exceed the maximum allowed square footage by 8 square feet. City Code allows for a
maximum of 1, 000 square feet in area, for accessory structures. The applicant is proposing to
have two accessory structures on the lot, with a combination of 1, 008 square feet in area.
3. Waiver to Section 9.106 (C) (1) (fi- allowing an accessory structure to exceed the maximum
allowed height by 2 feet and 7 inches. City Code requires that accessory structures do not
exceed 18 feet in height. The proposed garage height is 20' 7 ".
All ayes. MOTION PASSED.
The following Resolution will go to the City Council Monday, November 9, 2015.
23
P & Z Minutes
Page 5
Nov. 4, 2015
RESOLUTION NO. 2015-89
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR 4224 2ND STREET NE.
WHEREAS, a proposal (Case # 2015 -1101) has been submitted by John Holmberg to the City Council
requesting a Variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 4224 2nd Street NE.
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
1. Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure to be located to the side of the
principal structure, rather than behind the building line. City Code requires that detached
accessory structures be located behind the principal structure building line.
2. Waiver to Section 9.106 (C) (1) (e)- allowing the combination of accessory structures to exceed the
maximum allowed square footage by 8 square feet. City Code allows for a maximum of 1,000
square feet in area, for accessory structures. The applicant is proposing to have two accessory
structures on the lot, with a combination of 1,008 square feet in area.
3. Waiver to Section 9.106 (C) (1) (f)- allowing an accessory structure to exceed the maximum
allowed height by 2 feet and 7 inches. City Code requires that accessory structures do not exceed
18 feet in height. The proposed garage height is 20' 7 ".
WHEREAS, the Planning and Zoning Commission has held a public hearing as required by the City Zoning
Code on November 4"', 2015;
WHEREAS, the City Council has considered the advice and recommendations of the Planning and Zoning
Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the
community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air,
danger of fire, and risk to public safety, in the surrounding area;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the
City Council accepts and adopts the following findings of the Planning Commission:
1. 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.
24
P & Z Minutes
Page 6
Nov 4, 2015
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 permit.
Passed this 96' day of November, 2015.
OTHER BUSINESS-
A. Auto Related Uses - Moratorium- Ordinance 1622
Based on the request from the Planning & Zoning Commission to pursue a moratorium on all auto
related uses throughout the City of Columbia Heights, Ordinance 1622 will go before the City
Council November 9th and November 23rd to place a 6 month moratorium. This will allow time to
complete a study assessing the need for an amendment to the Zoning Ordinance as it pertains to auto
related uses.
B. Floodplain Ordinance Update- Ordinance 1623
Under the direction of the Federal Emergency Management Agency (FEMA) and the Minnesota
Department of Natural Resources ( MNDNR), Cities throughout Anoka County are tasked to update
their floodplain ordinances to incorporate new countywide Flood Insurance Rate Maps (FIRM).
These maps will become effective December 16th, 2015. The City current ordinance as it relates to
floodplain management, dates from 1993.
Since 2005, FEMA has added some new required language, and the MNDNR has made revisions to
the State's model ordinances. Ordinance No. 1623 (attached) includes the required updates and must
be adopted by the City Council. This ordinance will amend Section 9.113 (B) of the Zoning
Ordinance. The new countywide Flood Insurance Rate Maps are available to view at City Hall during
regular business hours.
C. Reminder of League of MN Cities On -Site Training
Holmbeck reminded members of the training that will be held at City Hall on Tuesday, November
17th at 3:00 pm. She stated that this training is for members of the Planning Commission, and
that the City Council has also been invited. The training is expected to last approximately two
hours.
The meeting was adjourned at 7:28 pm.
Respectfully submitted,
Shelley Hanson
Secretary
25
CH COLUMBIA
HEIGHTS
Columbia Heights Public Library
820, 40th Avenue NE, Columbia Heights, MN 55421 -2996 • Ph: 763 - 706 -3690 • TDD: 763 - 706 -3692
COLUMBIA HEIGHTS PUBLIC LIBRARY Approved
BOARD OF TRUSTEES 11/4/2015
MINUTES
October 7, 2015
The meeting was called to order by Chair Patricia Sowada at 6:30 p.m. Members present were:
Nancy Hoium, Steve Smith, Patricia Sowada, Catherine Vesley, Barbara Tantanella. Also
present: Library Director Renee Dougherty and Recording Secretary Renee Rewitzer. Absent:
Council Liaison Gary Peterson.
The minutes of the September 2, 2015, Board meeting were approved as mailed.
The bill list dated 9/2/2015 was reviewed. It was moved, seconded, and passed that the bills be
paid.
The bill list dated 9/22/2015 was reviewed. It was moved, seconded, and passed that the bills
be paid.
The October 2015 accounting was reviewed.
Old Business:
Brianna Belanger has accepted the Children's Librarian position. She will start on
October 19. Brianna grew up in Hibbing, graduated from the University of Minnesota,
and received her Masters of Library and Information Science from Simmons College. She
has been a Youth Services Librarian at the Hennepin County Libraries, working most
recently at Brookdale. She has also served as a teen and adult tech literacy coordinator
at the Maplewood Library.
The Foundation's spaghetti dinner fundraiser grossed about $1800. It was not as well
attended this year as in the past. Sowada inquired about the plate count; Vesley
inquired about the net profit. The Foundation had not provided Dougherty with those
numbers at the time of this board meeting. The Board inquired whether a donation
table (to take donations for the new library) was set up at the dinner and Dougherty
replied that the Foundation did not have one.
The new library construction progress is four days ahead of schedule. A lane of Central
Avenue will be closed Oct. 7 so that three fiber optic cables can be located and marked
and sewer and water utilities can be brought to the building pad. City staff, members of
the Library Design Task Force and HGA furniture interior designers visited four furniture
vendors on October 6 to look at furniture styles for the various areas of the new library.
Two adjustable height desks will be used in the new library; one at the public service
desk and one in the workroom for staff processing deliveries and discharging returned
materials.
26
Columbia Heights Public Library
Board of Trustees Minutes
October 7, 2015
Page 2
4. Dougherty presented an outline of the proposed giving levels for naming rights at the
new library drafted by city staff. Smith felt the donation ranges in each tier were too
wide; Vesley replied the range was typical of other giving tiers. Smith made the motion
to approve Columbia Heights Public Library Corporation Donation Tiers as presented;
Vesley seconded the motion; motion passed unanimously. (Document attached)
New Business:
1. Hoium made a motion to approve the Columbia Heights Public Library 2016 Holiday
and Closed Day Schedule as presented; Vesley seconded the motion. Motion
passed unanimously. (2016 Holiday and Closed Day Schedule attached)
2. Renee Dougherty shared with the Board that the library will offer the Youth Read
Down program during the month of October.
3. Renee Dougherty shared with the Board that she and the Adult Services Librarian —
Barb Kondrick will be attending the Minnesota Library Association Conference on
October 8 and 9 in St. Paul.
4. Renee Dougherty informed the Board that the library is weeding obsolete, worn,
outdated and unused items from the collection in preparation for the
implementation of RFID (Radio Frequency Identification) and the move into the
new building. After being offered for sale to the community, the unsold books are
sent to Better World Books. Better World Books, an Indiana non - profit, offers
library discards and surplus donations for sale on their website, returning 20% of
the sale proceeds to the library. Items which they cannot sell will be donated to
national and international literacy groups.
Items from the Floor:
1. More information about RFID implementation will be available at future meetings. In
a nutshell, RFID tags will provide patrons with the ability to use self- checkout,
increase security on library materials such as DVDs, reduce repetitive stress injuries
for library staff by eliminating the need to scan individual items, and provide more
accurate collection inventory information.
There being no further business, the meeting was adjourned at 7:30 p.m.
Respectfully submitted,
Renee J. Rewitzer
Recording Secretary, Library Board of Trustees
The City of Columbia Heights does not discriminate on the basis of disability in the admission or
27
Columbia Heights Public Library
Board of Trustees Minutes
October 7, 2015
Page 3
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.
Attachments: Columbia Heights Public Library Corporate Donation Tiers, Columbia Heights
Public Library 2016 Holiday and Closed Dates Schedule
28
CH COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT
ITEM NO.
7C
MEETING DATE
NOVEMBER 9, 2015
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
ACCEPT BIDS AND AWARD CONTRACT FOR SANITARY SEWER PIPE REPAIR ON STINSON BOULEVARD,
SOUTH OF 40TH AVENUE
DEPARTMENT: Public Works
CITY MANAGER'S APPROVAL:
BY /DATE: Kevin Hansen / November 4, 2015
BY /DATE:
BACKGROUND:
In preparation for street improvements on Stinson Boulevard from 37th Avenue to Silver Lane, Public Works
staff cleaned and inspected the sanitary sewer pipe and structures. Through underground televising, staff has
found the pipe is collapsed (broken and deformed) with offset joints and determined that approximately 30'
of pipe needs to be replaced before the main can be lined. This trunk sewer line serves all of the Silver Lake
Lift Station collection area and provides the only wastewater outlet for the Silver Lake Lift Station collection
area.
Staff met with two contractors on site to obtain bids for doing the work. The sanitary sewer main is in the
boulevard on the west side of the street. This main receives sanitary effluent from the lift station at Silver
Lake. Continuous by -pass pumping will be required while the main is under repair. In addition, the broken
section of pipe is directly over a storm sewer pipe.
STAFF RECOMMENDATION:
St. Paul Utilities and Excavating submitted the lowest bid of $20,000. (St. Paul Utilities was also the lowest
bidder on the recent Water and Sewer Service installation at the Library.) For comparison, Interstate
Companies provided a bid of $32,910. Funding will come from the Sanitary Sewer fund. Staff is
recommending accepting the quote from St. Paul Utilities. It is preferable to do the work now before the
ground is frozen and before the main is lined in early to mid - spring.
RECOMMENDED MOTION:
Move to accept bid and award sanitary sewer repair on Stinson Boulevard to St Paul Utilities and Excavating of
Little Canada, MN in the amount of $20,000; and, to authorize the Mayor and City Manager to enter into a
contract for the same.
ATTACHMENT(S): Sewer Repair Diagram
29
1 c _-1
�; i
NO
-3
tc
59.71
ol
CD
A
-C 958
A
iin 944:j;
III svir
to
3j7
i FNI
N
IGN
6
4
U
of
III svir
to
3j7
i FNI
N
IGN
6
4
U
CH COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT
ITEM NO.
7D
MEETING DATE
NOVEMBER 9, 2015
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
APPROVE FINAL COMPENSATING CHANGE ORDER AND FINAL PAYMENT FOR JACKSON POND,
PROJECT 1308
DEPARTMENT: Public Works
CITY MANAGER'S APPROVAL:
BY /DATE: Kevin Hansen / November 4, 2015
BY /DATE:
BACKGROUND:
On January 12, 2015, the City Council awarded the contract for construction of the Jackson Pond Improvement
project to Peterson Companies, Inc. The construction consisted of full reconstruction of the pond,
construction of an iron enhanced sand filter for phosphorus removal, a new lift station, replacement of all
storm sewer lines entering the pond, replacement of storm sewer manholes /catch basins on 44th Avenue,
landscaping and restoration.
All contract work has been completed.
STAFF RECOMMENDATION:
The change order modifies the contract to include quantities in addition to the original contract due to
ordered work, field changes and unknown conditions. The final compensating change order (attached) is for
removal and construction of bituminous pavement. Additional pavement was removed to accommodate
manhole and pipe construction.
Staff recommends approval of the compensating change order and final payment to Peterson Companies, Inc.
and acceptance of the work. A copy of the change order and the Engineer's Report of Final Acceptance is
attached.
RECOMMENDED MOTION(S): Move to approve the final compensating change order and accept the work for
Jackson Pond, City Project No. 1308; and to authorize final payment of $113,567.04 to Peterson Companies,
Inc. of Chisago, City, Minnesota.
ATTACHMENTS: Change Order
Engineer's Report of Final Acceptance
C3
FINAL COMPENSATING CHANGE ORDER
Project: 2014 Storm Sewer Improvement Project — Jackson Pond Citv Proiect: 1308
Owner: City of Columbia Heights
Date of Issuance: November 4, 2015
637 - 38th Avenue N. E.
Columbia Heights, MN 55421
Contractor: Peterson Companies, Inc.
Engineer: City Engineer
8326 Wyoming Trail
Chisago City, MN 55013
You are directed to make the following changes in the Contract Documents:
Description: Change in original contract price to compensate for additional work added to the
contract by the City. Cost was based on contract unit prices.
No. Item Description Quantity Unit Unit Price Amount
1 Remove bituminous pavement 981 S.F. $1.00 $981.00
2 Bituminous pavement restoration 109 S.Y. $79.00 $8,611.00
TOTAL $9,592.00
Purpose of Change Order: The contract has been modified to include additional quantities for
bituminous pavement removal and restoration due to field conditions.
CHANGE IN CONTRACT PRICE
CHANGE IN CONTRACT TIME
Original Contract Price:
Original Contract Time:
$ 949,144.74
Previous Change Orders No. 1 to No. 2
Net Change from Previous Change Order:
$ 105,268.28
Contract Price Prior to this Change Order:
Contract Time Prior to this Change Order:
$1,054,413.02
Net Increase of this Change Order:
Net Increase (Decrease) of Change Order:
$ 9,592.00
Contract Price with all Approved Change Orders:
Contract Time with Approved Change Orders:
$1,064,005.02
N/A
Approved
Approved
By:
By:
City Engineer
(Contractor)
City Manager Walt Fehst
Mayor Gary Peterson
Date of Council Action
32
CITY OF COLUMBIA HEIGHTS
ANOKA COUNTY, MINNESOTA
ENGINEER'S REPORT OF FINAL ACCEPTANCE
JACKSON POND
CITY PROJECT NUMBER 1308
November 4, 2015
TO THE CITY COUNCIL
COLUMBIA HEIGHTS, MINNESOTA
HONORABLE MAYOR AND CITY COUNCIL MEMBERS:
This is to advise you that I have reviewed the work under contract to Peterson Companies. The
work consisted of full reconstruction of the pond, construction of an iron enhanced sand filter
for phosphorus removal, a new lift station, replacement of all storm sewer lines entering the
pond, replacement of storm sewer manholes /catch basins on 44th Avenue, landscaping and
restoration. The contractor has completed the project in accordance with the contract.
It is recommended; herewith, that final payment be made for said improvements to the
contractor in the amount as follows:
ORIGINAL CONTRACT PRICE $ 949,144.74
CHANGE ORDERS 1 AND 2 $ 105,268.28
CHANGE ORDER 3 (Final Compensating) $ 9,592.00
FINAL CONTRACT AMOUNT $1,064,005.02
FINAL WORK APPROVED $1,063,649.71
ALL PRIOR PAYMENTS ($ 950,082.67)
BALANCE DUE $ 113,567.04
Sincerely,
CITY OF COLUMBIA HEIGHTS
Kevin R. Hansen
City Engineer
33
COLUMBIA
CH
HEIGHTS
AGENDA SECTION
CONSENT
ITEM NO.
7E
MEETING DATE
NOVEMBER 9, 2015
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
APPROVE FINAL PAYMENT FOR LABELLE PARK IMPROVEMENTS, PROJECT 1306
DEPARTMENT: Public Works
CITY MANAGER'S APPR VAL:
BY /DATE: Kevin Hansen / November 4, 2015
BY /DATE:
BACKGROUND:
On February 23, 2015, the City Council awarded the contract for construction of the LaBelle Park
Improvements. The construction consisted of the following improvements as detailed in the Master Plan:
• Removal of the boardwalk / vertical sheetpiling / patio
• Slope restoration
• Bituminous trails construction and relocation
• Two infiltration ponds serving the parking lots off of 41st and 42nd Avenues
• A small picnic shelter and arbors replacing the basketball court
• Overall site landscaping
• Sidewalk and steps
• Add- Alternates described as:
East and west patio improvements
Trellis and tables
Site furnishing relocations
In June, the City Council authorized a change order to construct the lower level overlook (also part of the
Master Plan). This construction consisted of the following improvements:
• Walking area
• Natural limestone bench seating
• Colored concrete
• Landscaping both along the pond slope and in the center patio area
All contract work has been completed.
STAFF RECOMMENDATION:
Staff recommends final payment to Odesa II, LLC and acceptance of the work. A copy of the Engineer's Report
of Final Acceptance is attached.
RECOMMENDED MOTION(S): Move to accept the work for the LaBelle Park Improvements, City Project No.
1306; and to authorize final payment of $69,922.95 to Odesa II, LLC of Sauk Rapids, Minnesota.
ATTACHMENT(S): Engineer's Report of Final Acceptance
34
CITY OF COLUMBIA HEIGHTS
ANOKA COUNTY, MINNESOTA
ENGINEER'S REPORT OF FINAL ACCEPTANCE
LABELLE PARK IMPROVEMENT
CITY PROJECT NUMBER 1306
November 4, 2015
TO THE CITY COUNCIL
COLUMBIA HEIGHTS, MINNESOTA
HONORABLE MAYOR AND CITY COUNCIL MEMBERS:
This is to advise you that I have reviewed the work under contract to Odessa II, LLC. The work
consisted of Boardwalk removal and shoreline restoration, Bituminous trail and sidewalk /step
construction, Two stormwater infiltration ponds, Picnic shelter, and Site landscaping. At the
time of bid award, the City Council also accepted the alternates for Patio Improvements, Trellis
and Tables for picnic shelter and Site furnishing relocations. On June 8th, Council approved a
change order to construct the lower overlook. The contractor has completed the project in
accordance with the contract.
It is recommended; herewith, that final payment be made for said improvements to the
contractor in the amount as follows:
ORIGINAL CONTRACT PRICE $378,953.75
CHANGE ORDER FOR LOWER OVERLOOK $ 37,487.00
(Council Approved on June 8, 2015)
FINAL CONTRACT AMOUNT $416,440.75
FINAL WORK APPROVED $410,212.70
ALL PRIOR PAYMENTS ($340,289.75 )
BALANCE DUE $ 69,922.95
Sincerely,
CITY OF COLUMBIA HEIGHTS
Kevin R. Hansen
City Engineer
35
CH COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT
ITEM NO.
7F
MEETING DATE
NOVEMBER 9, 2015
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
PARTA: ASSIGNMENT OF CONSULTING SERVICES AGREEMENT FOR GIS SERVICES AND
PART B: EXTENSION OF GIS RANGE RIDER CONTRACT
DEPARTMENT: Public Works
CITY MANAGER'S APPROVAL: .
BY /DATE: Kevin Hansen / November 4, 2015
BY /DATE: %--
BACKGROUND:
In 1996 the City Council approved a Joint Powers Agreement (Tri -City Agreement) with the cities of Andover
and Fridley to hire an outside consultant to provide GIS technical assistance. The consulting firm of Plan Sight
was hired and performed work under the Tri- Cities Agreement beginning in 1997, reviewable annually. The
firm has evolved over the years and until recently was Flat Rock Geographics. Flat Rock Geographics has now
merged with RE /SPEC, Inc.
PART A: ASSIGNMENT OF CONSULTING SERVICES AGREEMENT FOR 2015 GIS CONTRACT
The existing contract, effective from January 1, 2015 to December 31, 2015 with Flat Rock Geographics is
being changed to RE /SPEC, Inc. RE /SPEC acquired Flat Rock Geographics effective October 1, 2015.
PART B: CONSULTING SERVICES AGREEMENT FOR 2016 GIS CONTRACT
Other than the name change, the new agreement is essentially the same. The personnel formerly at Flat Rock
Geographics will continue to serve us. We expect the merger will provide our GIS contractor with added
expertise in services related to software development (such as the Tree Manager program). The Consulting
Services Agreement terminates annually on December 31 unless extended by further agreement of the
parties.
STAFF RECOMMENDATION:
The cities of Andover, Fridley and Columbia Heights staff are interested in continuing the contract for 2016.
Continuing with RE /SPEC (Flat Rock Geographics) provides the continuity we need to keep the program
moving forward. The City benefits from work done under this contract as well as from the other cities.
The 2016 goals for the City of Columbia Heights are as follows:
• Import sanitary sewer televising records (video and logs)
• Implement Tree Manager program (EAB)
• Conversion to mobile application
• Update Sign Management program
• Incorporate Anoka County property data and GIS into Special Assessment program
• Provide assistance to Community Development Department
• Additional tasks as identified
Columbia Heights has reduced the number of consultant hours from 700 hours per year to 400 hours per year
(one day per week). City staff is able to prepare some of the routine maps, but still relies on RE /SPEC for
technical aspects of the program, including software maintenance and program updates. The software
includes ArcMap, Granite XP /Cues, Cityworks, Cartegraph, and Tree Manager. Columbia Heights' share for the
36
City of Columbia Heights - Council Letter
Page 2
2016 Tri -City GIS Range Rider is $21,725. The consultant held hourly rates at a constant level for many years.
The hourly amount was increased in both 2015 and 2016 to more closely reflect market rates of GIS
professionals in order to attract and retain qualified people. RE /SPEC remains less expensive than other
comparable consultants. In addition, hourly rates are discounted for the Tri -City group. This amount is
budgeted in various departments of the 2016 Public Works budget.
RECOMMENDED MOTION(S):
PART A: ASSIGNMENT OF CONSULTING SERVICES AGREEMENT FOR 2015 GIS CONTRACT
Move to approve the assignment of consulting services agreement for Flat Rock Geographics and RE /SPEC, Inc;
and, authorize the Mayor and City Manager to enter into an agreement for the same.
PART B: CONSULTING SERVICES AGREEMENT FOR 2016 GIS CONTRACT
Move to approve a one -year extension to the GIS Joint Powers Agreement in the amount of $21,725; and,
authorize the Mayor and City Manager to enter into an agreement for the same.
ATTACHMENT(S): PART A: ASSIGNMENT OF CONSULTING SERVICES AGREEMENT FOR 2015 GIS CONTRACT
PART B: CONSULTING SERVICES AGREEMENT FOR 2016 GIS CONTRACT
37
CONSENT TO ASSIGNMENT OF
CONSULTING SERVICES AGREEMENT BETWEEN
FLAT ROCK GEOGRAPHICS, LLC AND TRI -CITY GIS ORGANIZATION TO
RE /SPEC INC.
AND
ASSUMPTION OF CONSULTING SERVICES AGREEMENT BETWEEN FLAT ROCK
GEOGRAPHICS, LLC AND TRI -CITY GIS ORGANIZATION BY RE /SPEC INC.
WHEREAS, on or about December 18, 2014 the Tri-City GIS Joint Powers Organization
( "Tri- City" or "Client ") and Flat Rock Geographies, LLC ( "Flat Rock" or "Contractor ") entered
into that Consulting Services Agreement, dated December 22, 2014 ( "Agreement ") a true and
correct copy of which is attached hereto as Exhibit A and incorporated herein by this reference;
and
WHEREAS, Flat Rock Geographies, LLC has since merged its operations into a new
entity, RE /SPEC Inc. ( "RE /SPEC" or "Assignee "), in order to better serve new and existing
clients; and
WHEREAS, by its terms, Section 8 of the Agreement prohibits Flat Rock from assigning
its interest in the Agreement without prior written consent of Tri-City and Section 13 of the
Agreement requires any alterations, variations, and modifications of the Agreement to be
reduced to writing and signed by Tri -City and Flat Rock; and
WHEREAS, Flat Rock desires to assign the Agreement to RE /SPEC and is willing to
assign the Agreement to RE /SPEC under the conditions set forth below; and
WHEREAS, Tri -City wishes to maintain the terms and conditions already established by
the Agreement for GIS consulting services; and
WHEREAS, Tri -City is willing to agree to the assignment of the Agreement from Flat
Consent to Assignment
Consulting Services Agreement dated October 22, 2015
Page l oj4
38
Rock to RE /SPEC under the conditions set forth below;
WHEREAS, RE /SPEC is willing to perform Flat Rock's obligations set forth in the
Agreement and accept assignment of the Agreement under the conditions set forth below;
NOW, THEREFORE, it is hereby agreed as follows:
1. Tri -City hereby consents to the assignment of the Agreement to RE /SPEC, effective
October 1, 2015.
2. Flat Rock acknowledges that the assignment does not relieve Flat Rock of its
responsibility for the due and full performance of the Agreement and Flat Rock agrees
to be liable to Tri -City for all the obligations of RE /SPEC.
3. RE /SPEC, as assignee, agrees to assume and fully and faithfully perform the obligations
of Flat Rock under the Agreement in accordance with its terms and including any
amendments thereof and be bound thereby and agrees to be liable to Tri -City for the
performance of the Agreement.
4. Tri -City, Flat Rock and RE /SPEC agree and acknowledge that the Agreement attached
hereto as Exhibit A is incorporated by reference as if fully set forth herein, that all terms
and conditions of and the Agreement itself continues in full force and effect until the
Agreement expires or is terminated as provided in the Agreement, and that the parties
are bound by the Agreement's terms and conditions until such expiration or termination.
[Remainder of a page is intentionally left blank.]
Consent to Assignment
Consulting Services Agreement dated October 22, 2015
Page 2 of 4
39
IN WITNESS THEREOF, the parties above -named hereby execute this Consent to Assignment
of Consulting Services Agreement Between Flat Rock Geographies, LLC and Tri -City GIS
Organization (the "Consent ") and warrant that they have full right, power, and authority to enter
into this Consent on behalf of the respective parties hereto.
ASSIGNEE:
RE /SPEC INC.
Dated:
2015
By: Phil Welling
Its: CFO
Consent to Assignment
Consulting Services Agreement dated October 22, 2015
Page 3 of 4
40
CLIENT:
TRI -CITY GIS ORGANIZATION
Dated: , 2015
City of Fridley
By:
Its:
Dated: , 2015
City of Columbia Heights
By:
Its:
Dated: , 2015
City of Andover
By:
Its:
CONTRACTOR:
FLAT ROCK, LLC
Dated: 2015
By: Blaine A. Hackett
Its: President
ASSIGNEE:
RE /SPEC INC.
Dated:
2015
By: Phil Welling
Its: CFO
Consent to Assignment
Consulting Services Agreement dated October 22, 2015
Page 3 of 4
40
CONSULTING SERVICES AGREEMENT
This Agreement is made as of , 201_ (the "Effective Date "), by and
between RE /SPEC INC. ("Contractor") and the Tri -City GIS Joint Powers Organization,
consisting of the Cities of Fridley, Columbia Heights and Andover, hereinafter "Tri -
City." CONTRACTOR and Tri-City are collectively referred to as "Parties" and
individually as a "Party."
WHEREAS, Tri -City requires services to provide GIS technical assistance to the Cities
of Andover, Columbia Heights and Fridley;
WHEREAS, Contractor desires to and is capable of providing the necessary services
according to the terms and conditions stated herein;
NOW, THEREFORE, in consideration of the mutual promises and agreements contained
herein the parties agree as follows:
1. TERM
1.1 Term.
The term of this Contract shall be from January 1, 2016, through
December 31, 2016, unless earlier terminated by law or according to the
provisions of this Contract.
2. CONTRACTOR'S OBLIGATIONS
2.1 General Descri tp ion.
Contractor will provide GIS technical assistance to Tri-City which
includes the cities of Andover, Columbia Heights and Fridley. Additional
work may be contracted as provided in Section 3.4.
2.2 Conformance to Specification.
The Contractor will provide the Services as set forth in Exhibit A.
2.3 Limited Warranty
Contractor warrants that the Services will be performed in a safe,
professional and workmanlike manner consistent with the applicable
industry standards and this Agreement.
CONTRACTOR MAKES NO OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED
WARRANTY ARISING OUT OF A COURSE OF DEALING, A
CUSTOM OR USAGE OF TRADE.
7268579v1
41
3. PAYMENT
3.1 Service Fees
The Contractor's fees for Services are set forth below (Service Fees ").
Service Fees do not include any taxes that may be due based on the
Service Fees, or for reimbursable expenses, for which Tri-City agrees to
pay directly or reimburse Contractor.
Total Service Fees: $120,285 to be allocated as follows:
Andover- $52,800.00
Fridley- $45,760.00
Columbia Heights - $21,725.00
3.2 Invoices.
Contractor shall, within fifteen (15) working days following the last day of
each calendar month in which services were provided, submit an invoice
on an invoice form acceptable to Tri -City. This invoice shall itemize 1) the
hours of services rendered listed by classification, 2) the date such services
were provided, 3) a general description of the services provided, 4) the
name of client receiving services, 5) the amount and type of all
reimbursable expenses being charged to the Contract, 6) the dates of the
performance period covered by the invoice.
3.3 Time of Payment.
All invoices are due within thirty days from the invoice date. If Tri -City
disputes any portion of Contractor's invoice, then Tri -City will: (a) pay
any amount not in dispute by the due date; and (b) within five business
days after receipt of that invoice, inform Contractor in writing of the
disputed amount and the specific reason(s) for withholding payment. On
Contractor's receipt of this, the Parties will work together in good faith to
resolve such disputes in a prompt and mutually acceptable manner. Tri-
City agrees to pay any disputed amounts within five days after the issues
have been resolved.
3.4 Changes to Scope
Tri-City shall have the right to request changes to the scope of the
Services; however, all such changes are subject to acceptance by
Contractor. If any change to the scope of the Services will cause an
increase or decrease in the Service Fees, or in the time required for
performance, prior to commencing the services required by the requested
change, Contractor shall notify Tri-City of such increase or decrease by e-
mail. Contractor shall not proceed with performance and shall have no
obligation to proceed with performance pursuant to any requested change
W
72685790
M
to the scope of the Services by Tri -City unless and until Contractor has
received Tri- City's agreement to such increased or decreased Service Fees
or time for performance via e -mail.
4. COMPLIANCE WITH LAWS /STANDARDS
4.1 General.
Contractor shall abide by all Federal, State or local laws, statutes,
ordinances, rules and regulations now in effect or hereinafter pertaining to
this Contract or to the facilities, programs and staff for which Contractor is
responsible.
5. INDEPENDENT CONTRACTOR STATUS
Contractor is an independent contractor and nothing herein contained shall be
construed to create the relationship of employer and employee between Tri -City
and Contractor. Contractor shall at all times be free to exercise initiative,
judgment and discretion as to how to best perform or provide services.
6. INDEMNIFICATION
Contractor shall indemnify, hold harmless and defend Tri-City, its members,
officers and employees against any and all liability, loss, costs, damages,
expenses, claims or actions, including attorneys' fees which Tri -City, its officers
or employees may hereafter sustain, incur or be required to pay, arising out of or
by reason of any negligent or willful act, or negligent or willful omission of
Contractor, its agents, servants or employees, in the execution, performance, or
failure to adequately perform Contractor's obligations pursuant to this Contract.
7. INSURANCE
7.1 General Terms.
In order to protect itself and to protect Tri -City under the indemnity
provisions set forth above Contractor shall, at Contractor's expense,
procure and maintain policies of insurance covering the term of this
Contract, as set forth below. Such policies of insurance shall apply to the
extent of, but not as a limitation upon or in satisfaction of, the indemnity
provisions herein. All retentions and deductibles under such policies of
insurance shall be paid by Contractor. Each such policy shall not be
canceled by the issuing insurance company without at least thirty (30)
days written notice to Tri -City of intent to cancel.
7.2 Coverage.
The policies of insurance to be obtained by Contractor pursuant to this
section shall be purchased from a licensed carrier and shall include the
following:
A) Professional Liability
(1) A professional liability insurance policy covering personnel
of Contractor, if any, who provide professional services
under this Contract, which shall include the following
7268579v1
43
coverages at a minimum:
Personal Injury /Damage: $200,000 per person
$600,000 per occurrence
B) Workers' Compensation
If applicable, Contractor shall procure and maintain a policy that at least
meets the statutory minimum.
7.3 Certificates.
Prior to or concurrent with execution of this Contract, Contractor shall file
certificates or certified copies of such policies of insurance with Tri-City.
7.4 Failure to Provide Proof of Insurance.
Tri-City may withhold payments for failure of Contractor to furnish proof
of insurance coverage or to comply with the insurance requirements as
stated above until such time the Contractor complies with the requirements
of this Section.
8. SUBCONTRACTING
Contractor shall not enter into any subcontract for the performance of the services
contemplated under this Contract nor assign any interest in the Contract without
prior written consent of Tri-City.
9. DEFAULT
9.1 Inability to perform.
Contractor shall make every reasonable effort to maintain staff, facilities,
and equipment to deliver the services to be purchased by Tri -City.
Contractor shall immediately notify Tri -City in writing whenever it is
unable to or reasonably believes it is going to be unable to provide the
agreed upon quality of services. Upon such notification, Tri -City shall
determine whether such inability requires a modification or cancellation of
this Contract.
9.2 Duty to Mitigate.
Both parties shall use their best efforts to mitigate any damages which
might be suffered by reason of any event giving rise to a remedy
hereunder.
10. TERMINATION
10.1 With or Without Cause.
Notwithstanding any other provision of this Contract, either Party may
terminate this Contract at any time for any reason by giving thirty (30)
days written notice to the other. Tri-City shall pay to Contractor the
reasonable value of services received from Contractor as of the
termination date.
10.2 Notice of Default.
7268579v1
4
44
11.
7268579v1
10.3
10.4
10.5
Either Party may terminate this Contract for cause by giving ten (10) days
written notice of its intent. Said notice shall specify the circumstances
warranting termination of this Contract.
Failure to Cure.
If the Party in default fails to cure the specified circumstances as described
by the notice given under the above paragraph within the ten (10) days, or
such additional time as may be mutually agreed upon, then the whole or
any part of this Contract may be terminated by written notice.
Notice of Termination.
Notice of Termination shall be made by certified mail or personal delivery
to the other Party's Authorized Representative. Notice of Termination is
deemed effective upon delivery to the address of the Party as stated in
paragraph 12.
Effect of Termination.
Termination of this Contract shall not discharge any liability,
responsibility or right of any Party which arises from the performance of
or failure to adequately perform the terms of this Contract prior to the
effective date of termination, in accordance with the laws of the State of
Minnesota.
CONTRACT RIGHTS /REMEDIES
11.1
11.2
11.3
Rights Cumulative.
All remedies available to either Party under the terms of this Contract or
by law are cumulative and may be exercised concurrently or separately,
and the exercise of any one remedy shall not be deemed an election of
such remedy to the exclusion of other remedies.
Waiver.
Waiver for any default shall not be deemed to be a
it breach of any provision
modification for the terms
in writing and signed
subsequent default. Waiver c
shall not be construed to be
unless stated to be such
representatives of Tri -city and Contractor.
Force Mai eure
waiver of any
of this Contract
of this Contract
by authorized
Contractor will not be responsible for the delay in its performance of any
obligation under this Agreement caused by acts of God, legal restrictions,
or any other similar conditions beyond the control of Contractor.
5
45
12
13
14.
15
16
7268579v]
AUTHORIZED REPRESENTATIVE
Notification required to be provided pursuant to this Contract shall be provided to
the following named persons and addresses unless otherwise stated in this
Contract, or in a modification of this Contract.
To Contractor:
President
RE /SPEC INC.
3824 Jet Drive
Rapid City, SD 57703 -4757
Fridley:
Director of Public Works
City of Fridley
6431 University Avenue NE
Fridley, MN 55432
MODIFICATIONS
Andover:
Director of Public Works /City Engineer
City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
Columbia Heights:
Public Works Director
City of Columbia Heights
637 - 38th Avenue NE
Columbia Heights, MN 55421
Except as otherwise provided in Section 3.4 hereof, any alterations, variations,
modifications, or waivers of the provisions of this Contract shall only be valid
when they have been reduced to writing, and signed by authorized representatives
of Tri -City and Contractor.
LIMITATION OF LIABILITY.
NEITHER PARTY WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO
THE OTHER PARTY FOR SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES IN ANY WAY RELATED TO THE SERVICES, THIS
AGREEMENT OR THE TERMINATION OF THIS AGREEMENT. THIS
LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL
THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT.
SEVERABILITY
The provisions of this Contract shall be deemed severable. If any part of this
Contract is rendered void, invalid, or unenforceable, such rendering shall not
affect the validity and enforceability of the remainder of this Contract unless the
part or parts which are void, invalid or otherwise unenforceable shall substantially
impair the value of the entire Contract with respect to either Party.
MERGER AND FINAL AGREEMENT
16.1 This Contract is the final statement of the agreement of the Parties and the
31
46
complete and exclusive statement of the terms agreed upon, and shall
supersede all prior negotiations, understandings or agreements. There are no
representations, warranties, or stipulations, either oral or written, not herein
contained.
17. DISPUTE RESOLUTION
17.1 This Agreement will be construed and enforced according to the laws of the
State of Minnesota, without regarding to its conflicts of law rules. Any
litigation regarding this Agreement must be filed and maintained in the state
or federal courts of the State of Minnesota and the Parties consent to the
personal jurisdiction of such courts. No provision of this Section 17 will
preclude either Party seeking injunctive relief to prevent immediate or
irreparable harm to it, but the mediation stated in Section 17.3 will
otherwise be fully exhausted before the commencement of any litigation.
17.2 EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY
TRIAL WITH RESPECT TO ANY CLAIMS OR DISPUTES ARISING
OUT OF OR RELATED TO THIS AGREEMENT. Any lawsuit or other
action, regardless of form, relating to this Agreement, including, without
limitation, an action for breach of warranty, must be commenced within one
year after the later of: (a) date on which the breach of warranty or other
cause of action occurred; or (b) date on which that Party knew or should
have known of that breach of warranty or other cause of action.
17.3 Prior to commencement of any litigation regarding this Agreement, the
Parties agree to voluntary, non - binding mediation to resolve any dispute
they may have. The mediation will be conduct by a mutually selected
mediator (or if the Parties cannot agree, by a mediator selected by the CPR
Institute for Dispute Resolution), in accordance with the CPR Institute's
Model Procedure for Mediation of Business Disputes. The Parties will each
pay its own attorneys' fees and will share equally the other mediation costs.
While this mediation will be non - binding in all respects (except agreements
in settlement of the dispute negotiated by the Parties), each Party will appear
when directed by the mediator, be fully prepared to work toward the
dispute's resolution, and participate in good faith. If the mediation does not
result in a mutually satisfactory resolution of the dispute within ninety days
after it is begun, either Party may commence an action as permitted under
Sections 17.1 and 17.2. All negotiations between the Parties pursuant to this
Section 17 will be treated as compromise and settlement negotiations for
purposes of the applicable rules of evidence.
18. NON - DISCLOSURE OF NON - PUBLIC. PRIVATE OR CONFIDENTIAL
INFORMATION
7
7268579v1
47
The parties agree that in order to perform its duties under the terms of this
Agreement, Contractor will have access to and may use certain information in the
custody of the City that would be categorized as private or non - public data within
the meaning of Minnesota law.
Any such information or data is confidential and, as an essential and necessary
part of this Agreement, Contractor agrees not to disclose, use, or otherwise
disseminate any such data or information to any other party or entity other than
the City. Use of any such information or data by Contractor during the period of
this contract shall be exclusively for the purpose of fulfilling its obligations
hereunder.
Contractor agrees to indemnify the City and hold it harmless from any and all
disclosures of such information and data to any other party as a consequence of its
actions, which would include the actions of its agents, employees or anyone else
that may be acting under its direction or on its behalf.
Any such information and data in Contractor's possession after fulfillment of its
obligations herein shall be destroyed or returned to the City and Contractor shall
retain no copies thereof for any purpose.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date(s)
indicated below.
CONTRACTOR TRI -CITY GIS ORGANIZATION
Lo
Title:
Date:
7268579v]
By:
Title:
Date:
By:
Title:
Date:
By:
Title:
Date:
48
Exhibit A
Contractor shall provide the following services generally described as GIS
Support:
726ss79vt
49
Regular Hourly Rate
Tri -City 2015 Discount Hourly Rate
Specialist
$65.00
$55.00
Field Data Collection, Data Input, Data Editing, Data Updates, Data Management,
Data Sychronization, Mapping, Geocoding,
Analyst
1 $75.00
$65.00
Run reports (CTS, GranitXP), Check[n /Checkout Field data, Data Modelling, Model
Builder, ArcPad Form Creation, Database creation, Update GeoMoose Layers
Project Manager
1 $120.00
1 $95.00
Run meetings, Demos, Training, Task Management, Staff support
IT 1
$120.00
$95.00
Software Installation, OS Tech support, General Maintenance of software, CTS
technical support
Programmer/ Developer 1
$150.00
$120.00
Writing Code (HTML, VBSCRIPT), Custom Development (PHP, Javascript), Automation,
mapFeeder customization
726ss79vt
49
CH COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT
ITEM NO.
7G
MEETING DATE
NOVEMBER 9, 2015
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
SOLAR POWER FOR CITY BUILDINGS
DEPARTMENT: Public Works
CITY MANAGER'S APPROVAL:
BY /DATE: Kevin Hansen / November 4, 2015
BY /DATE:
BACKGROUND:
At the Council Meeting on June 8, 2015, the City Council authorized the preparation of an engineering report
to evaluate the feasibility and benefit of adding solar panels for electrical power generation at four (4) public
buildings: Top Valu 1 liquor store, the Public Safety Building, the Municipal Service Center, and the new
Library. The Solar Engineering report is complete and attached.
In Minnesota, consideration for solar power is largely due to both Federal Tax Credits and State Programs
providing incentives for solar power. A large push is being made in 2015 and 2016 as the solar programs are
either being reduced or eliminated at the end of 2016.
Two programs available and evaluated for adding solar power to our City buildings are:
• Made in Minnesota (MIM)
• Rooftop Solar
Made in Minnesota is a state lottery based system providing rebates for equipment made in Minnesota. The
program is for smaller systems up to 40KW. Staff applied for this program and Top Valu 1, located at 4950
Central Avenue, was selected by the State from the lottery program.
Rooftop Solar is a new program started in 2015 for larger systems from 10OKW to 1,000KW utilizing Xcel
Energy capacity credits and demand charges, which provide reductions in the electric billings we pay to Xcel.
This program would apply to the other three buildings.
In both of the programs above, there are minimal or no upfront costs to the City. A third party investor
purchases and installs the systems and operates them within a specific timeframe: 10 years for MIM, and 15
or 20 years for the Rooftop Solar program. The City enters into a Power Purchase Agreement (PPA) with the
third party for the program timeframe, projected with a modest annual cost savings. At the end of the term,
the ownership of the panels is turned over to the City along with the full energy benefits.
MIM: The energy study provides a 10 year cash flow analysis, detailed graphically on page 4 of the report. The
City would save $700 to $900 annually in energy savings for the building. After 10 years, the PPA concludes
and the full energy benefits of the 40KW system will provide more than $7,000 in electrical savings annually.
Over time this will deliver significant savings, realizing more than $92,000 over 20 years and over $156,000 in
25 years.
Rooftop: The energy study evaluated both a 15 year and 20 year PPA period for all three buildings. The 15
year PPA requires a small annual cost to the City of approximately $4,900 total for all three buildings, but
offers the greatest cash flow benefit over time. The City would realize over $352,000 in cumulative savings in
50
City of Columbia Heights - Council Letter
Page 2
20 years and over $859,000 cumulative savings in 25 years under the 15 year PPA. By comparison, for a 20
year PPA, the City would save $4,400 per year in electrical costs in each of the first 20 years, but would have a
smaller cumulative savings of $111,700 at year 20 and $618,900 at year 25.
For all four buildings, the structural analysis has provided that the buildings can support the addition of solar
panels on the rooftops.
STAFF RECOMMENDATION: City staff recommends the Made in Minnesota Lottery award for Top Valu 1 with
a 10 year PPA. Staff also recommends the 15 year PPA for rooftop solar at the Public Safety Building, the
Municipal Service Center, and the new Library. Cumulatively, adding solar power to these four buildings will
save the City $444,000 in 20 years following installation and over $1,015,000 after 25 years of operation.
RECOMMENDED MOTION(S):
Move to accept the Solar Engineering Study prepared by Apex Engineering of Anoka and authorize the
preparation of a 10 year PPA for adding solar power at Top Valu 1; and the preparation of a 15 year PPA at the
Public Safety Building, the Municipal Service Center, and the new Library.
Attachment: Solar Engineering Study (Apex Engineering, dated Oct 27, 2015)
51
City of Columbia Heights
Solar Opportunities
Apex
Apex Efficiency Solutions Page 1
403 Jackson Street, Anoka, MN 55303 52
www.Apex -Co.us
Background
Apex Efficiency Solutions was hired by the City to evaluate the feasibility of installing solar photovoltaic
panels on municipal owned buildings. As part of the evaluation we applied for the State of Minnesota's
Made In Minnesota Solar Incentive Program. This is a program that is lottery -based and provides a
production incentive to solar systems that are installed in Xcel Energy territory and are made up of solar
panels that are manufactured in the State of MN. We submitted four applications on behalf of the City.
The site we applied for are:
• Top Valu I, 4950 Central Ave NE, Columbia Heights
• Top Valu II, 2105 37th Ave NE, Columbia Heights
• Public Safety, 825 41St Ave NE, Columbia Heights
• Public Works, 590 40th Ave NE, Columbia Heights
Of the four applications, only the Top Valu I store at 4950 Central Ave NE was selected in the lottery.
Because of that selection, the project is eligible for the Made In Minnesota Incentives and is limited to
40 kW in size.
In addition to the Made In Minnesota applications, we have also developed potential solar projects at
the following three sites.
• Public Safety
• Public Works
• Library
These three sites are not eligible for Made In Minnesota incentives and, as such, are not limited to the
40 kW size.
Tax Based Incentives
Solar photovoltaic systems are eligible for two different tax -based incentives:
1. Federal Investment Tax Credit.
The owners of solar photovoltaic systems are eligible for a tax credit of 30% of the system's cost.
This tax credit is scheduled to be reduced to 10% on January V, 2017.
2. Modified Accelerated Cost Recovery System ( MACRS).
This incentive allows the system owner to have an accelerated depreciation schedule of 6 years.
If the owner takes the 30% investment tax credit, they can only depreciate 85% of the system
cost over the 6 years.
The ironic part of the tax -based incentives is that while they provide a significant benefit to for - profit
entities, they provide no benefit to non - profits or municipalities.
In order to capture the tax -based incentives, we utilize a program where a for - profit entity pays for and
owns the solar system. They own, operate, insure, and maintain the system for a number of years.
During this time, the system owner /tax investor has a Power Purchase Agreement (PPA) with the
municipality and also captures the Investment Tax Credit and the MACRS depreciation. They also
receive revenue from the municipality through the PPA. The municipality pays for the electricity that is
Apex Efficiency Solutions Page 2
403 Jackson Street, Anoka, MN 55303 53
www.Apex-Co.us
generated from the panels to the owner /tax investor. At the end of the PPA term the panels are
effectively turned over to the municipality. In the end, it is a great program for municipalities to acquire
solar panels for no cost.
Even though the City is not eligible for tax based incentives, we have also analyzed an option where the
City would purchase the system and own it. Under this option the City would bear the costs of
operating and maintaining the system, as well as insuring the system. The operation, maintenance and
insurance costs are paid for by the tax investor under the third party tax investor model.
This option is interesting because it highlights how much the third party tax investor model is worth to
the City over a 25 year horizon.
Made In Minnesota Solar System
As stated above, the Top Valu I site at 4950 Central Ave was selected for the Made In Minnesota
incentive program. The program provides a 13 cent - per -kWh incentive directly from the State of MN to
the City of Columbia Heights. The project details are:
System Size (Watts)
39,770
Price per Watt
$
3.20
System Cost
$
127,264
Annual kWh
48,917
Value of kWh
$
0.105
Bill Reduction
$
5,136
PPA Rate
$
0.220
PPA Escalator
1.50%
PPA Cost
$
10,762
MIM Rebate (13 Cents /kWh) $ 6,359
The system size will be 39,770 watts and will generate 48,917 kWh per year. The system will cost
$127,264 dollars to the system owner /tax investor. The system will not have any cost to the
municipality. As electricity is generated by the solar system, the power will go directly into the building
and will be consumed within the building. The result will be that the electricity consumption from the
grid (Xcel Energy) will be reduced by 48,917 kWh per year.
The value of this electricity, when we combine the demand charge reductions and usage charge
reductions will be $5,136, which equates to 10.5 cents /kWh produced. This will be a savings to the City
of $5,136 per year. The City will also receive the Made In Minnesota incentives from the State of MN.
These are worth 13 cents /kWh. These incentives are worth $6,359 per year to the City. That is a total
economic benefit to the City of $11,495 per year.
Apex Efficiency Solutions Page 3
403 Jackson Street, Anoka, MN 55303 54
www.Apex -Co.us
There is a cost to the City for this system, which is the Power Purchase Agreement with the owner /tax
investor. In order for the investor to recoup the remaining system investment, after the Investment Tax
Credit and the depreciation, and cover their operations and maintenance costs for the system, they
need to charge a rate per kWh to the municipality. In this case, the investor receives 22 cents per kWh
that the system produces. This will be a net cost to the City of $10,762 per year. After deducting the
$10,762 in annual costs from the $11,495 in annual benefits, the City is left with an annual net benefit of
$734.
When we factor in a utility escalation rate of 3.2% and a PPA escalation rate of 1.5 %, the annual net
benefit to the City over the 10 -year Power Purchase Agreement term looks like this:
During the 10 -year PPA term the City has a net benefit of roughly $700 to $900 a year. After the 10th
year both the Made In Minnesota incentives and the Power Purchase Agreement expire. From that
point on, the system simply generates free power for the City to use. This results in over $7,000 in
economic benefit annually.
With no capital outlay on the part of the City, this system will provide a cumulative cash flow of more
than $92,000 over 20 years, and more than $156,000 over 25 years. This is a great way to obtain a
solar photovoltaic system with no cost to the taxpayers. Over time it becomes a free power source that
generates substantial savings to the taxpayers.
Apex Efficiency Solutions Page 4
403 Jackson Street, Anoka, MN 55303 55
www.Apex -Co.us
Roof Mounted Solar Systems
As stated above, only the Top Valu I site at 4950 Central Ave was selected for the Made In Minnesota
incentives. Because of this, we developed a different solar model for the following three sites:
• Public Safety — 101 kW system
• Public Works — 85 kW system
• Library -135 kW system
Each of these sites are over 40 kW. The Library system is a 135 kW system, the Public Works system is a
85 kW system, and the Public Safety system is a 101 kW system.
For the non -Made In Minnesota incentive systems, the City can either purchase the systems themselves,
or they can enter into a Power Purchase Agreement with a tax investor who becomes the system owner.
The Power Purchase Agreements (PPA's) can be for either 15, 20 or 25 years. The longer the PPA term,
the lower the PPA rate. The shorter the PPA term, the higher the PPA rate. In this specific case, for a
15 -year PPA, the rate is 15.75 cents /kWh. The 15 -year PPA rate is so high that the City would have
negative cash flow during the PPA term, but it provides the greatest cumulative cash flow over a 25 -year
horizon.
For the 20 -year PPA the rate is 13.4 cents /kWh. The 20 -year PPA has less cash flow to the City in the
early years, but provides a greater cumulative cash value over a 25 -year horizon
For the 25 -year PPA, the rate is 12.3 cents /kWh. The 25 -year PPA provides greater cash flow to the City
in the early years, but has a lower cumulative cash value over 25 years.
City Owned Solar
As mentioned above, the City has the option to pay for the solar system and own the system
immediately. By becoming the owner of the system the City is responsible for the operations and
maintenance expenses of the system, as well as the insurance on the system.
The details of how this would work are as follows:
Watts
321,000
Price of System
$674,100
Annual kWh
391,620
Value of kWh
$
0.1050
Bill Reduction
$
41,120
Xcel Energy Capacity Credit
$
12,968
Xcel Demand Charge Holiday
$
6,512
Xcel PDL Penalty
$
3,697
The total size of all three systems (Public Safety, Public Works and the Library) is 321,000 watts. These
three systems will cost the City over $670,000 to build. They will produce more than 391,000 kWh of
electrical energy every year that will be consumed in the buildings, saving the City more than $40,000
every year in electricity consumption.
Apex Efficiency Solutions Page 5
403 Jackson Street, Anoka, MN 55303 56
www.Apex-Co.us
Xcel Energy will provide a Capacity Credit and a Demand Charge Holiday to the City because of the solar
installation. The Capacity Credit and Demand Charge Holiday will be worth about $19,480 annually.
There will also be a penalty the City will pay in increased utility costs to Xcel Energy of over $3,600
because of the existing Peak Demand Limiting rate the City has in place.
The net result is that the City will receive more than $58,200 every year in bill reductions, capacity
credits, demand charge holidays, and including the penalty from Xcel energy for the change in the Peak
Demand Limiting rate that the City is currently on.
By owning the system, the City would be responsible for the annual operations and maintenance costs
as well as the insurance of the system. These costs, for three systems of this size, typically would run
about $13,480 annually. This would leave the City with a net economic benefit of over $44,300
annually.
In order to evaluate the return of this potential investment, a repayment of the initial purchase price
should be included. For the sake of analysis, we have modeled that the City would either obtain a loan
for this initial cost, or they would borrow from themselves and then pay themselves back over a defined
period of time with a defined rate of return. For this model, we have modeled a 15 year
loan /repayment schedule with an interest rate of 4.5 %.
Finance Amount $ 674,100
Finace Term (years) 15
Finance Interest Rate ( %) 4.50%
Annual Repayment Amount $ (62,768)
In order to meet this repayment schedule, the City would have to repay itself a little more than $62,700
per year for 15 years.
When we factor in all of the annual benefits and costs, the annual cash flow to the City would look
similar to the following:
Apex Efficiency Solutions Page 6
403 Jackson Street, Anoka, MN 55303 57
www.Apex-Co.us
Cumulative Cash Value (15 Years) $ (158,572)
Cumulative Cash Value (20 Years) $ 171,063
Cumulative Cash Value (25 Years) $ 545,150
15 year PPA
The 15 Year PPA details are as follows:
Watts
321,000
Price of System
$674,100
Annual kWh
391,620
Value of kWh
$
0.1050
Bill Reduction
$
41,120.10
PPA Term
15 Years
PPA Rate
$
0.1575
PPA Escalation
2.50%
PPA Cost
$
61,680.15
Xcel Energy Capacity Credit $ 12,968
Xcel Demand Charge Holida� $ 6,512
Xcel PDL Penalty $ 3,697
The total size of all three systems (Public Safety, Public Works and the Library) is 321,000 watts. These
three systems will cost the owner /tax investor over $670,000 to build. They will produce more than
391,000 kWh of electrical energy every year that will be consumed in the buildings, saving the City more
than $40,000 every year in electricity consumption.
The 15 -year PPA rate the City will pay the owner /tax investor is 15.75 cents per kWh generated by the
systems. This will cost the City more than $61,000 annually. Xcel Energy will provide a Capacity Credit
to the City and a Demand Charge Holiday which will be worth more than $19,450 annually. There will
also be a penalty the City will pay in increased utility costs to Xcel Energy of over $3,600 because of the
existing Peak Demand Limiting rate the City has in place.
The net result of a 15 -year PPA will be the City paying more than $4,900 a year above and beyond what
they are currently paying in utility bills. This negative cash flow will continue for all 15 years of the PPA.
Apex Efficiency Solutions Page 7
403 Jackson Street, Anoka, MN 55303 58
www.Apex -Co.us
15 year PPA Cash Flow
Cumulative Cash Value (15 Years) $ (92,473)
Cumulative Cash Value (20 Years) $ 352,023
Cumulative Cash Value (25 Years) $ 859,266
When we compare the City owning the panels themselves and paying themselves back in 15 years, and
an investor owning them for 15 years and then the City taking ownership, we can see how the tax
incentives can be quantified. The difference in the cumulative cash flows between our City owned
model and the 15 year PPA model are as follows:
City Owned 15 Year PPA Difference
Cumulative Cash Value (15 Years) $ (158,572) $ (92,473) $ 66,098
Cumulative Cash Value (20 Years) $ 171,063 $ 352,023 $180,960
Cumulative Cash Value (25 Years) $ 545,150 $ 859,266 $314,115
Over 15 years the tax investor model provides $66,000 of additional benefit to the City. Over 20 years
the tax investor model provides $181,000 of additional benefit to the City, and over 25 years the tax
investor model provides an additional $314,000 of benefit to the City.
Apex Efficiency Solutions Page 8
403 Jackson Street, Anoka, MN 55303 59
www.Apex -Co.us
20 year PPA
The 20 year PPA details are as follows:
Watts
321,000
Price of System
$674,100
Annual kWh
391,620
Value of kWh
$
0.1050
Bill Reduction
$
41,120.10
PPA Term
20 Years
PPA Rate
$
0.1340
PPA Escalation
2.50%
PPA Cost
$
52,477.08
Xcel Energy Capacity Credit
$
12,968
Xcel Demand Charge Holida,
$
6,512
Xcel PDL Penalty
$
3,697
The 20 -year PPA rate that the City will pay the owner /tax investor is 13.4 cents per kWh generated by
the systems. This will cost the City more than $52,000 annually. Xcel Energy will provide a Capacity
Credit to the City and a Demand Charge Holiday which will be worth more than $19,450 annually.
There will also be a penalty the City will pay in increased utility costs to Xcel Energy of more than$3,600
because of the existing Peak Demand Limiting rate the City has in place.
The net result of a 20 -year PPA will be the City having a positive cash flow of more than $4,400 a year.
This positive cash flow will continue for all 20 years of the PPA.
Apex Efficiency Solutions Page 9
403 Jackson Street, Anoka, MN 55303 60
www.Apex -Co.us
20 year PPA Cash Flow
Cumulative Cash Value (15 Years)
$
76,681
Cumulative Cash Value (20 Years)
$
111,696
Cumulative Cash Value (25 Years)
$
618,939
Apex Efficiency Solutions Page 10
403 Jackson Street, Anoka, MN 55303 61
www.Apex -Co.us
25 year PPA
The 25 Year PPA details are as follows:
Watts
321,000
Price of System
$674,100
Annual kWh
391,620
Value of kWh
$
0.1050
Bill Reduction
$
41,120.10
PPA Term
25 Years
PPA Rate
$
0.1230
PPA Escalation
2.50%
PPA Cost
$
48,169.26
Xcel Energy Capacity Credit
$
12,968
Xcel Demand Charge Holida+
$
6,512
Xcel PDL Penalty
$
3,697
The 25 -year PPA rate that the City will pay the owner /tax investor is 12.3 cents per kWh generated by
the systems. This will cost the City more than $48,000 annually. Xcel Energy will provide a Capacity
Credit to the City and a Demand Charge Holiday which will be worth more than $19,450 annually.
There will also be a penalty the City will pay in increased utility costs to Xcel Energy of more than $3,600
because of the existing Peak Demand Limiting rate the City has in place.
The net result of a 25 year PPA will be the City having a positive cash flow of more than $8,800 a year.
This positive cash flow will continue for all 25 years of the PPA.
Apex Efficiency Solutions Page 11
403 Jackson Street, Anoka, MN 55303 62
www.Apex -Co.us
25 year PPA Cash Flow
Cumulative Cash Value (15 Years)
$
155,860
Cumulative Cash Value (20 Years)
$
224,489
Cumulative Cash Value (25 Years)
$
306,473
Summary
These solar models provide a way for the City of Columbia Heights to obtain a solar system for the Top
Valu I site that is worth $127,264, and systems for the Public Safety, Public Works, and the Library which
are worth $674,100 with no capital outlay. That is a total of more than $800,000 of solar panels with no
impact to the tax payers. These systems also have the ability to generate cash flow for the City on an
annual basis. If the City chooses the 20 -year PPA option, the City will get more than $4,400 in annual
cash flow until the PPA terms are complete, and then the cash flow improves substantially. Over 25
years, this option will provide over $775,000 in cash flow to the City with no capital costs. In the end,
the City will not only receive more than $800,000 in solar systems, it will also receive more than
$775,000 in cash over a 25 year horizon with no capital costs and no impact to the taxpayers.
Apex Efficiency Solutions Page 12
403 Jackson Street, Anoka, MN 55303 63
www.Apex -Co.us
CH COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT
ITEM NO.
7H
MEETING DATE
NOVEMBER 9, 2015
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
Approve membership renewal for one year with League of MN Cities for $16,212
DEPARTMENT: Administration
CITY MANAGER'S APPROVAL:
BY /DATE: Katie Bruno /November 5, 2015
BY /DATE:,
BACKGROUND: The City has been a member of the League of MN Cities for many years, and has received
numerous benefits from this membership. The use of public funds for this membership is permitted by MN
statue section 465.58. The membership year runs from September 1 to August 31.
The annual dues for this membership are based on population. The dues for the current year are $16,212.
Although the adopted 2015 budget anticipates this expenditure from the Mayor - Council budget department
#101.41110, City policy requires purchases over $15,000 to have specific City Council approval.
STAFF RECOMMENDATION: Staff recommends approval of the following motion.
RECOMMENDED MOTION(S):
MOTION: Move to approve membership renewal for one year with League of MN Cities for $16,212.
CouncilLetter Res2015 86 Domimium2015ConduitDebt.docx 64
CH COLUMBIA
HEIGHTS
AGENDA SECTION
CONSENT AGENDA
ITEM NO.
7I
MEETING DATE
NOVEMBER 9, 2015
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
LICENSE AGENDA
DEPARTMENT: Community Development
CITY MANAGER'S APPROVAL:
BY /Date: November 4, 2015
BY /Date: S/
BACKGROUND /ANALYSIS
Attached is the business license agenda for the November 9, 2015 Council meeting. This agenda
consists of applications for 2015 & 2016 Contractor Licenses, and other various 2016 Business
Licenses.
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 November 9, 2015 as
presented.
65
Nov 9, 2015 lic agenda
City of Columbia Heights - Council Letter
TO CITY COUNCIL November 9, 2015
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES -2015
BLDG St Cloud Refrigeration
604 Lincoln Ave., St Cloud
$60
Statewide Gas Services
201 W Main St, Waconia
$60
*Custom Enterprises
13798 8th Ave So, Zimmerman
$60
*JC Signs & Graphics
6163 125th Ave. Clear Lake
$60
*Reliable Plumbing
18500 Belgian Dr, Belle Plain
$60
2015 -2016
*Horizon Roofing Inc
2010 Co Rd 137, Waite Park
$60
*General Sheet Metal
2330 Louisiana Ave N, Mpls
$60
*Jim Murr Plumbing
780 19th St. Newport
$60
GAMES OF SKILL -2016
*American Amusement 2100 W 96 St, Bloomington $90
For El Tequila and Jeff's, Bobby & Steve's
*Theisen Vending 2335 Nevada Ave N, Golden Valley $90
For Laundry World and Family Dollar
OFF SALE BEER LICENSE -2016
*SuperAmercia/Northem Tier 5000 Central Ave $150
*Jeff's, Bobby & Steve's 3701 Central Ave $150
CIGARETTE LICENSE
*Jeff's, Bobby & Steve's 3701 Central Ave $300
*SuperAmerica/Northern Tier 5000 Central Ave $300
*Family Dollar 4037 Central Ave $300
SMOKE SHOP
*Sarah's Smoke Shop 4329 Central Ave $300
*Top Value Tobacco 231137 th Ave $300
FUEL DISPENSING DEVICES
*Jeff's, Bobby & Steve's 3701 Central Ave $210
*SuperAmerica/Northern Tier 5000 Central Ave $160
TEMPORARY LIQUOR
*SACA 627 38 Ave $100
For Polar Plunge event Jan. 20, 2016
CLUB LIQUOR/TEMP LIQ
*Col. Hts. Lions 530 Mill St $900
66
Page 2
HI
z
W
F-
ry
Q
d
LU
M
W
U
z
z
O
N
rn
O
ti
LO
O
N
C6
a)
E
a)
O
z
LL
O
C7
z
H
w
w
U
z
D
O
U
O
U)
W
z
z_
LL
O
LU
U)
F
O
z
Q
LL
O
H
z
D
O
F-
2
w
2
m
J
O
U
LL
O
U
Y
U �
a) N
U �
� a)
C
a)
O
U N
L
Q
U) a)
E
2
U �
O
C
a)
.0 ~
(.7
LiJ
> Q
a) co L
ca �
U O
� U
O LL
U O
U F—
U
a)
00 ti
N C
N m
� 00
O 00 O)
m
Cl")
00
00 a)
N �
N
4-- U
O O
c a�
� � N
.- O
C/) E
m ca o
o a� •�
aa) C:
c c �
O
c
c�
a) Lo a)
U
C E
(Q m
X
O m
o c
a)
>
M ca
0
> o0
N
O
N
L v E
E a� >1
O N (B
«. E a)
O O L
r-
co
00
vaw
+
H C7
+ +
xF�
+ +
0 a
+ +
H a
+ +
w w
+ +
x>
o
+
H
+ +
a1 r
+ +
W
0
U
0
x *
[4 U)a
*
HO
0 O o
+ +
a H
Ln a
+ +
U
j O N
+ +
H U' U`
-K +
N to
+ +
ri
-,1 O
+ +
t7
o
a
+ +
z
u
+ +
H
In
+ +
U)
w ko
+ + + + ++
H
-x +
a
�4
u u u u u
v�4xas4vus4u
+ +
a
v
+) +J +) +J 4-)
+) 4-) 4-) +J 4-3 v 4-) +)
v
-x +
H
U
+ 0000+
U
-1
z
rocs
u
-«
z
M
a
0
+ +
p
00
va
+)
-x zzzz+
o
00
0
+ +
U
Ln
0
.1
+ +
r
x
+ zzzz+
U')
O>,
x
+ +
o
+
(N
?I
N
+ *
\
O
+ +
O
+) 'T
U
+ wwww+
o
qa
+ +
N
u
+ aaaa+
�
•.,
a
+ +
14
+ +
vro
-x +
w �
0
+ + + + + +
. . . . .
. . . . . . . .
C o
U)
+ +
N
-VI) Q
N
W
+ +
+
. . . . . . . .
0 w
QO
U N
•• U
H
m
Q H
y -,I
C
N
+ #
•�I
Sa
+)
N
N W
0
a
+-)
0
C
>1 �
v
a
-,i x+o
+ +
0
a
�
m H u u
. . :'0 v o
\-1
+P vz
H
+ +
N
N
•• 0
N +) +J N
N (0 A-)
Q, N
U C z
U Ln
+ +
-i
a
0
�o C C
o Q (a
x 0
C C
zH
+ +
ro
z 0
+-) 0ww
• • • Q
w
row
�o
+ +
m
H
of
mU
w v
w
4-)
N
+ +
ro
H
Q H H Z,
11 N U7
f)
H\
+ +
N
C
co L6
ro (0 0
0 �4 U ro N U) N
b N
C 0'
44 LO
+ +
N
0
U
X U C rte'
N 0. 1 C N N
+)
H A �I
o
+ +
0
rl
a '0
0 P N N U
-n '0 0 0 9 U N (5
H ro
0
m\
+ +
Q,
+)
U C
0 C C C 0
0 C D ?4 C C H N
o a)
C h
U H
* +
N
Q
z C
c 0 0 0 4
N N C� N 0 N H
C H
+ +
a
0
HW
UU)hhU
W,7H04 CQ>aU
H
a
U) H
E
X
U
H
W
x
w
H
�Q z
q r
aN
O
U r
0
w
O 1
a
ro
H �
H Lo
Ua
z E
H z
E q
O
H
a
>1 a
it H
0 U
+J Z
co q
•H O
Lo P
xU
W
U H �
N O q
.G N
U\ x
U
O �
H U
H
x
U
W
x
U
H
H 0 0
V) r q U
U) W
a H U
< z
H H
Um x
Z H U
� o W
Z N x
H \ U
Lv u)
o x x
U) z z
U K�
< H jq W
m) o H N Co M LO H0 V' m O N l0 n 061Ow000)ONM6IONNO61 d' NwMOOLn�wOdlO r MN0
H H w N O N lD v' O r H O lD H u) r v' O O O v' W u) CJ H r O M O N r l0 CD 0 r r O n CTS M n l0 O H N (n m
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
rwwwlDwwwHMLo0Hl0wl DrLnwwt0NN0)Lnr0l0M(,4 0)wtoNwNLoO Nrcl, HrMrrO
l0 a• m H H u) (n 0) O H N N O T 000)HNao N Lo to N M v O w m w M H N v' O O N w r N H Nc7) o TM
HQ0 V'N a' LO wN rH CJ (Y) (M M w O)M H0 w0LO 0 r N. cHNHNC r(- dT m li0 m oo
. . . . . . . . . . . . . . . . .
HNN N u) HHr . ON lf') H r M N HioN
l0 H N v'
n n m o N n Ln N N N N N N N to n o o to o to Ln N u) U) u7 N N N N u) u) N N N N N u) Ln u) N u) Ln Lr) N N N
H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
OD w w w w CO w w w w w w CO w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
HNM V•Nwr- wmOHNMVON�DrwOOHNrn 3,0lorwm0 HNM -V Lo wrwmOHNMCN�Dr
MMMMMMMMM V'v'v, v'v' -;3, w w 3, TntoU)nioNNoN Lowwwwwwwwwwr r rr rrr r
w w w w Co w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w
w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w
Lo toNNNLoNtoLoNLoNLo Ln NNNNu�NL0000Ln nonmonmLn NMLn NNtoNNLn NNNNio
H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
u E W a W m W z< 0 a z W
z 2 H >> a U W U U O H m m H a x O
HO E zEq z zz E D a >4 n00 U
U W W H H H H< n a F4 W z a Qx U '>i
w >1 w a ww� m > a rCtam 0 OE z x z
Uaz z < >4 x< E ma mq <z Uw amzUx0r�
H F(,< w?+0 U 0) 0 Om U' E Z 7 W W xm U <C)0 a s OH D
5xz aH a a U I z aUHoEm 4 z z HCQwa 0WUxw0 X
% X W WE a W W 0 r. Z < H < 0H H 40 P4a40 N U H0H0
wz0Zxa, U z aHlq xHZHHx w zzz ODUOU HmU aU
W W U H H x wm W H < P z UUE x4U0 mz11 0 aQ$ a zwa044WWP
U Em0zD O H maaa0azw<z WHm O WxHNazw0am•a
U a 04 W E P <W W W. m< W E Z H>+ U3EWmz7U � HOa WHmH
H i wmHaaaxw� Zxzu)m POPWWx4<0 EHgD:E wzwm z3 ❑Oo
Hy 0
WHUm �HW OH SHFC �W ° �x 0 W
z3EOUa
a a1 aPP r4 H0wx >w0zm
U H] p zaawa H 0 a2:M4<H\W W M D 0 Wa44MHPM0 a
WUz2w xm a >�x 0 qU W1Ozrx >1 mzw U U H H W x E rxazw
a a OOU \O xxwmUmaxz co Hzm N zzaW4HamgI❑FJ <>40H
w mzP
m m H w 0 E-i wDPQ I <WUOEa >WaHHaxxHwmwawz 0W>014 F:4 mw
HWWaazxzHXHH H�CU2o xwPxz0mwC) Ezx xzzwwPxw0w Ezm
Q2am�WW W, q- tar. �WWWWFZi000ZHU1x < <WaFW-la�raCWOa �W WOO?+z22xh0Z
FCFC44 PQPQMMWUUUUU000U00W WGaGa r4Gr444G4 UC7t9xxxxxxHHHhhh
rn
to
U) N
H
x
H
W
x
w
H
m a
� r
aN
O
U r
O
W �
O I
a
>, o
H aT
H u)
Ua
C9
C9
z
H
H
U)
H
a
�a
S4 H
0 U
+) z
m D
�O
m
14 LO
U H
N o
.0 N
U\
dl
O
H
H
W H
F ••
u) r
>-� H
w..
a�
H
U Ln
z H
Q 0
z N
H \
W u)
0
co \
U H
Q,' H
H r0 W M W o c W rNolOr u)u)o o N o o ii HOU)u)H00000 O NHNU)rr0 W oHomLF)O
'Z MO W lo r- W u)u)Nw V' O Cw r�q, M U) r �o o O N M N M H u) 00 W Oor Mme'r r WHOO TH O NO O
D . . . . . . . . . . .
. . . . . . . . . . . . • . .
O roNMM w U) d• M H O O M H H w N O r u) o r H O H m u) o o u) o o W o H r- u)mmoMNH V•�0no
m N U)u)HHMN WNv W u)0.10)m m Lo rNmrW W r WW OOWWNrH U)ONN r O OD (1) U)u)
O N H (`') H H ul (N 0) N 0) d' M H H l0 H N N N H H N l0 N w cJ u) �v u) H u) �0 M r H
. . . . . . . . . C. . . . . . . .
N H d+ N H Hr . H W O C H1 O- H N H
N H H Co N H N M
H H
w
E
Q, u) u) u) u) u) u) u) u) u) u) u) u) u) u) u) u1 u) u) u) u) u) u) u) u) u) u) u) u) u) u) u) u) u) u) u) u) u) u) u) u) u) u) u) N N u) u)
G H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
�Y. co W W co W W W W W W W W W W W W W co W W co W W W co W W W co W W W W 00 W W W W W W V' C cr dw d' d' d'
U N N N N N N N N N N N N N N N N N N N N N N (N N N N N N N N N N N N N N N N N N 0 0 0 0 0 0 0
x o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H H H H H H H
U H H H H H H H H H H H H H H H H rl H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
x
U
W
x
U
11 r
Q U
r7
U
Z
H
x
U
W
x
U
x x
z z
(q W
Wm0HNM dT 0 Dr WmOHNM dl 0 110r WPOHNM -V 0tDr mm0HNMcr 0 o[- W m0HNM d'
r r W W W CO W W W W W W M 0 M M W M 0) M M M 0 0 0 0 0 0 0 0 0 0 H H H H H H H H H H N N N N N
W W W W W W W W W W W W W W W W W W W W W W dl 61 G1 61 O a1 61 6) 01 W W 61 dl dl 61 61 4\ 61 dl dl 61 dl d> O1 01
W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W
N u) 0 u) u) u) N N 0 N N N 0 u) 0 u) u) u) u) u) u) o u) u) u) u) u) u) u) u) u) o u) u) 0 0 o N 0 4 u) u) N u) u) u) u)
H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
LvUI N E 0 H a <9 9 U
I U 0 x GU) z 0 NE E• U H
a Z U z U 0 H E H E U z U 0 0^ >
W F H H Z U X H a H H H 10 Q CO U) N E 0. U)
x 0 H x H P; 0 zH U[�W W H W U»
zW W W z wUH 9 H Z>iHC4 HazzU) Q v W Zz
DE G+UHU z 'Z•U)N UUZxN H2 aFq P:F4zz W EHQ
aW <P: EEH 9 O H U) 2 UU)W g<U WHHHZ o4 aU) z
(9 U)WD- Q H $W HH0Z t9 WN aUUI Fzm
> �C x W;Z z E U D w C w< P: :2 cz < z U) r x U) U) w H E
�CZ Iz2H W W H<2WU) MC9U) Ez X0F4HHW U W 0 `.4 O Za0
$r� 00:U) 0; HHz W 0zzU W FC UFP a 0[+4n00 z a4 U)
xz �4UH EZH O 1 Z2WHH>14<N U) FCC4>+W P40P: 9 WU)Ha>W
U] GU cnWr�\0WZ>HM HWHHxWH >X P: G H > u P: Ha EZ
�CFCP:OG+H W M N> Ca 21 &4FCUNa2: Q0uwaq H 9 z x Ww0z w z z
Uwoa00P:a 4wwulNIz;m caZ��Ca <0Zxw>+ a4 C:0 :wS�P HEQ$ wQDH
P4 W E rl; U) G E-E N � co P; rl; 2 H CO N H W a' D\ rj a W w w U) P; G G x H O Z
U)rC EE PQZ U)W D)wuN W Ht9 >P:tAF HDHHOz xN� W mzc4FCFCPSW (4u
A >
U) 04 U)\Hw \HU)H H DZ W W Z m UO>:9 M W W N Ga
O�0 0Wx- xUUZH E>14EH00c4x -4<W3 NWNr4WNN ax ZZHF� 0
9OP4 :Q0XP9H0WXMEaZZUH W ENZ4 02HHHEUWaHHa( p F('HP' �
ZEQQ wUfxSw(/) P;DEHHW N;>D:)<ZWZHHEHP:P44H0Px0xW WP: w >aW0
WWHHZWH0044 gZ99WX01 4(n<H0PWXHa$aWWO xHHUH0 UQa Za
XZX22ZZZZ000NNNP,NN0P Pf MW PPEFHDa >> 33333>CNz <<<�r�FC
0
I-
m M
F
x
C�
H
W
x
w
P1 a
ar
aN
O
U r
0
41
O I
C4
}� o
F
H Ln
Ua
U
c�
z F
H z
H a
m O
H
a
3-1 H
0 U
N 2
n a
•H O
x U
W
x Ln E-
0
Q
U U
o W
\ x
H U
H
x
U
W
x
U
F
z a a
H •• O O
m r Q U
U) W <
a C\l > c�
z
H H
ULo x
2 H U
rG O W
Z N x
H \ U
( N
o x x
U) \ z z
F:��
ou-)OONOMOr coo avromw000cr000Oor W 000r000u)000QorHLn0000
N r CD 0 M 0 W H 0 0 0 ID M N O W lO r M N O n O N O O C MO01 mmO r M r an w O r OId• M O O o Io
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
r Ln M of HmONMHO Lo lo of OoD H;vMc'l0 N to'o tn O N H o w lD m O M r M o H r w N N O N m O v,
rNw0 or01Nw0mNwmm0m0N ooNLnCDONLnOrin HMLn iocjm ;v Ln HinrN - iHoOr
l0 HHN 01 H M-Tm n l0 H l0 W H inH rNMHHMHHHO 01N MlO H;T O(n Nlfl r, 'T
. . . .
C. . . . . . . . . . . . . .
H N N H O N l H H N H H l N H 01 l0 I-
11 N H N H H to
o N N N N N U) o n Ln N o N U) in N o U) in U) to to N N U) N U) N N N Lo N U) M U) U) U) N N N o Lo N o N N N
H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
cT V' CI' T Cw 'r cT CI' [!' fit' �T v v C CI• -T d' V a' ;T Q' Q' Q' Qr IT IT d+ IT IT Q, Q' CT C �w -' CI' d' d' v d'
OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
o to r m 01 O H N M d U) 10 r W 01 O H N M y io C0 r of m O H N M w o o r w 01 O H N M ;i, U7 lD r W m O H
N N N N N M M M M M M M (n M M d' -v v [h d' v d' a' v' C Ln N in U7 U) u1 U7 a) U) in l0 0 l0 10 l0 to to w l0 w r r
m 0) dl 0) 0) a) 0) a) 01 m 01 m 01 01 m m 01 01 Ol 01 01 01 0) 01 01 0) 0) 01 m 01 0) 01 01 01 m m Ol 01 01 Ol m a1 m m 0) 0) 0)
m o, ao m m o, au ao m o7 m ao ro m m m� m m m m m� O O O O co co o, a, m m o, co o, m m au of m o m co m O�
M N N N U) to o m Ln in o U) to In N N U) N N to U7 U) u1 in U) Ln un N Ln U7 in io U) in U) U7 N m in N U7 n U) N N N U7
H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
N a U H 9 U 4 O 11 H 0
m wUH F4 0 zmm >+ O p U
O W FzF4 U F Ha >{ H U Hz
U z U H< mz m W z w U H C7
> U a ar� z w H U H 4 U) (J) 0 a wzx z
zU z Fl z >Fy>+ H U >mU H W FC W N <£O FCU) H
<. E: H >10 UaU)CD 2 HxW x U< H0 rl £ U) a FW F
NH (1)4H z< P; m H HP;N N2zN 2: Hp1 4 O 44 C OH a
£ U>1 WNF Hz w W (700U) C0H< <H O N 0H<rj)F W
0 W2F FCW Hr0r��` z mwz2£s H z Na UUO i-1 P: WH H
UHH 40 Wozxw �w P:ZMXPWZ 04 W m 00 xHN Z HU4u) wzU H
c40 .n 42: P+HzH W H Nw04 maHW W U)UF Um2 U Hm2HH W 134 HZ U)
WxmU> W[4C43W W�zx f4c4WH<<s OzHP >' WUWU) U3H2[ QOFC££ H
W 4W 0 £ >W HZ w1 L()4 2: 124 W ><1'4WW WHFZF2W2H P m Q a4 �- H`�HP�°�a ��2Wa°4UZE <ou2auw)U£Wa0 <a0W Wa4 % 2Z 00 xco Q
zm£Q'b m>1>+i4 Oa >+z w Px Nz0aa0Om w\UU \HE w as ZmazU Ua
<E, w a000ZP0P x W 4 wmw0Psu zzmw4zNm0FQ 0Z4 H0Hwwz4
"j'fIZP:P: CQMHOxHwa Ox 0 C7a x X Z W0WZ HW>1W Wr. W Z D D H Z
HHWawx4agzp0HHHmu04uR40wwHx a £mZ W W$r4P.4G+FZQ00 0
FFNmxaaaa0HNZZWaarxmwrxac4 <WLb 2c4Wm zx£c4QmUw x24<wQ
xamm<<Www0C4<F4WM90FF ro£WHHaa w00z � w000ZZ4whOOww0U
FC�FCFCMMP1P1P1 P1 M0U000Qw W W W44Gl+ r4 [W 0 00 0 0 XIV xxHHttttx4 0 4 X Z
ti
01) C
F
x
c�
H
W
x
w
H
wa
p r
aN
0
U r
0
w>
O 1
a
>i o
F �r
H u
Ua
c�
U
z
F
U)
H
a
>a
P H
0 U
+-) z
U) x
.11 O
x
xL
U �
U) O
�N
v\
m
O
H
rl
W (Y)
F ..
rn r
>� H
N
a H
H
U N
z H
�C o
Z N
H \
(14 U3
0
m\
U H
F NNoom00000moi monl0000OOOoo noLnv W N10o0000N0001
O) O O 00 Or O Ln 00a 00100 T N Ln r O o o to O O N N w M r O W o000 l0 Mr Ln 00
. . . . . . . .
w
F
Q
x
U
W
x
U
x
U
W
x
s
El
a a
z u
U
2
H
x
U
w
x
U
x x
z z
W W
1000 a•H NONN V, m M r 01 d+ H 0 r 01100 LO 0U-) ul N v, x•10 w o LO O r O O�Ql M M OH
.-I r N� 00 r O 10 l0 N 00 H O r w� W M N H Ln r 10 N M c-I 10 10 m l0 N N US M 1D N H 00. 01 U) 10
M M M N O M in N M rl O M H Ol ri (n -1 c c ri N M H LO co r U) Ln
rl .H M M N N M 0\ N Ol O 61 U)
H H r UM H
M
n to u) u") to o o o Lo t!) n Ln Ln N U) U1 to Ln U1 N Ln Lo N Lo N Ln U) Lo Lo In N N In Ul U1 Lo Ln Ln U1 Ln U)
rl H rl H H H H ri rl ri H H H H H ri li H H `i H `i H H H H ri H H H H H ri rl H H H H H ri H
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
00000000000000000000000000000000000000000
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
.-f rl ri rl H r-I rl H H rl H rl H ri rl r-I ri H rl fi ri '-I H H f-I fi ri rl H H r-I ri rl ri H H H H H H H
N M d' a) 1fl r w0OHNM d'U)10r W m O H N M a• N to r co m O H N M d' M 10 r MmOHN
r r rrr rr r mmcomauco como�mOlrnmrnrnmma�rnrn0000000000 ,- i, -i,-i
m rn rn rn rn rn m m m m m rn rn rn m rn rn rn m rn rn rn m m m m m rn o 0 0 0 0 0 0 0 0 0 0 0 0
m 0o m au 0 0 m m ao m m 0� m m m m m m au � m a� � 0 au ao w rn m m m m rn� rn rn rn rn m rn m
N N N o u) N N N N N N N u1 N N N N Ln N N N N n N Lo N u) N Lo N o N U) U7 N U7 u1 u) N N N
w O H U W z a U < O a f F:r
I U H H 0 U H (J),7 a Q U)UU UU)U N FF
a z Fin F+ u 7 UFO Hl z Fzx 0% 00
w H Z H H U) z, H U ') H H W a %. H U) co N
W x0F W Ha U O a OH a W W U
W FHa0 7 H HU) zF a HC7 L F8>+ Fl z zU)
a N U)FWa HUU 04 Co HO 0 04 Fc Z a zz H
F-1 < HaUF FH0 OmwU co > U) U)w> H z
U) zF4 z Q1a H az(DW <U 1-1 2X U)`'
>+ H0 w0 m a 0 FwNHzz 44U) F W
FC, U)UU H W Z X HZ 014W W 6aFFWU)C)4U H W F
Q H awx FWW ,E+HF UWHz U W 0 0 r�
x xWf�F >z F UFFHz wQZFHU) < a W zzar7<04F4 WP Uu f4<9UH
MQU04 z a 0 coo W 0 0 ZH0 Umm 0m WHFHv NU>+xFz\aazU>i
f•Ca0<NW W H HW FNN<R: WaH%UO 0 2: FQa>FlU Ha W W H 0 0
UO4FOxU)F Qa W0 U) >OaWU)HHz s > n<PauN W Fy5 mPa
G, N p FzQ0 W 4X PD- 1F4WK4<2F x 04 Z4F4H W WFU)W
v) FFFHW4 £ a W NH (1) < t7 2aa a4U)z Dw9w WQma4<z
Q>U)U)NDz4 fCU)W WWFHMXHWa>+>iGa\W<DWWU)U)WU)FU � W
a< W W OIH0 x- xUUH41 4007WFF44FxH<4U)Q awUU)NN
�$$�Q W44NOQxF HHU)aU0 WWWWHFFUNNMZ004<QFFN rl
zQQQ EWUaNw HHZXMQf4G,x0aW <>1WHa0$zO aPK P7W
W HHHzzzzgWH0Gr 4+zxa<1-) 0>H Ff UU0NFFxaaaxHHHHaMU
X X 2 2 2 2 X X z z z 0 0 0 N a a a a a u) M W M to U) 0 W F F F F 3 S 3 3 8 3 3 X
r
N
N
W
M
OD
H
N
r-
m LO
E-
H
FC
PQ a
X
Q r
a N
0
U r
0
W 7
O 1
a
>+ o
F
H N
u
z F r
H z N
F a
U O N
H 61
a 00
S4 H d
O U oo
+- 2
•� O
x U
W
x Ln F
U H �
N O Q
m U
O W
\ x
H U
x
U
W
x
U
F •• O
cn r Q
> z
� •• w a
N 5 Q
a H F
FC O
H F
U Ln
2'i F
< O 14
Z N O
H \ a
f, L W
O x a
U)\ z
U FC
H
LO
N
ri
0
O
Q
W
F
z
H
a
a
Q
a
0
U
W
a
Cl)
I--
mw
H C7
x<
cD a
Ha
W 4
x
w
<a
H
Pa C
D '
a�
00
U 7
wU)a
000
�o v
> O Ln
Haa
H C7 C9
U
U)
I
I
U)
H
M U1 M H ON C` lD OO O 00 O O Ol C^ W w4 to MmO3,r "o OmO
1`
E
r-
Z
d� w N C` M N O 10 O O O N Ln cr C` N M H m m m io U) w m M in h 0
N
'z
N N
W
z U)0wa w
W
>y �'
W M O N O 01 M N N H to l0 C' W d' U) N3, H w 0 O W M m H N O U)
C\l
I
N N
S4 W
C` H N C C N N OJ N 01 OJ l0 M r` C• to l0 O l0 w N 0) to O N m N v, CJ
0)
W
al m
O U)
H N N f` m v' N co H N C` W 0) d' O M l0 r N to v' to N H m H
W
U)
co Co
a
1
a
0)
N D
lOO H H H
M
D
M M
-H PI
Ql H N H 0) M O H H r
d'
0.1
d•
x U)
M h H (n
O
U)
CO OD
H
H
w z > w >(7 >+ a UU)FA
z2FC w aHUz W I a4 H z Z2
1
I
U
04 Z a CDHDW I QWHH H OH FCwDI Q
1
N
I
0 H W Z O ax I UDHI FI HU) zEh z
1
E
I
U
I
z
£ M
v
h
I
I
H Q
I
I
w
z U)0wa w
I
xaE< w x
1
1
w w a 04 04 a Q H
1
1
D H Z < 0WH>4 z O
1
I
E w z M— O W a a z z a DP I
I
I
Z U W H H W W W 44 U W U)
wHH
I
w z > w >(7 >+ a UU)FA
z2FC w aHUz W I a4 H z Z2
1
I
04 Z a CDHDW I QWHH H OH FCwDI Q
1
I
0 H W Z O ax I UDHI FI HU) zEh z
1
E
I
4 EE0 H P r<H W H H < a H Hz W U) 0 D
I
z
£ M
I
N< H W w w > 2Z q I E UOWE.>+a D+
I
D
wH
I
SaHWW aZ0 >0N >1 D DU04M04
I
0
H ••
I
wE�CHh ar�0aP4£ waC7EE a <H E
I
U
U)I�
z I
Qu) r O G U W W W Q f H H n W Ha Cr' <ZQ H
I
U
>+H
0 1
H w ox 22a Haaazw U)wlz�x0w w
I
FZ�
U) ••
H I
H14HHDg z2 C0 HHW W
> ZQFgaW xaQHH0 W '.
(0
I
U)
N
E I
H H H W U < H a H N E EPNW O W 0EDU2
Q
I
(9 x
IH
P+ 1
-7H 9 co 01 FC �qN, :) G -I DD to U -lZ W W
z
I
z z
a FFwwUEaam£OaXPP4Qaaa�
a I
�CW W�rCo HW
N
I
x CQ
UN
W
U I
W Hi -IUZW W H H H WHWWDaaWaHFIOHD>C
W W I
U
z
<
U)
< W0.IHW<04aaaaaH3w00HOZH44ZMW
9
w F-I
<0
U
W I
WOQE �NH(=,DH<r-C<9H<<WWEH<PW )Z0Zrq
4
U � I
x FI
z
a
Q 1
0U WU)Uu)�. KI a!MUUUUr+U2: �I3MU0.lHUHGr4
Wa z I
U FC
D4
a
a
O
Q
Q I
x x 1
x
U)\
'z,
2 I
H H�N Lo Q0 OHN NN 0 O H m O H N. M X 0) H M H 00 m
U H
D
D I
000 H N N r 10 r` O H H N M M U) 0 0 0 0 0 Ln Ln 0 0 N w w w
O
FC, I
O
< H
Ga
44 I
H N N N N N N N M v' v' d' cr O' C' C l0 l0 l0 l0 l0 to 110 r- r- r` W O w
H
0.1 Pa I
W H
v
h
C,� COLUMBIA
HEIGHTS
AGENDA SECTION PUBLIC HEARING
ITEM NO. 8A
MEETING DATE NOVEMBER 9, 2015
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
Resolution approving Variances for the property located at 4224 2"d St. NE.
DEPARTMENT: Community Development
CITY MANAGER'S APPROVAL: ,
BY /DATE: Elizabeth Holmbeck, November 5th, 2015
BY /DATE:
BACKGROUND:
At this time, John Holmberg is requesting a Variance for a proposed accessory structure (garage) at the
property located at 4224 2nd St. NE. The Variance request is for the following deviations from City Code:
Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure to be located to the side of the
principal structure, rather than behind the building line. City Code requires that detached accessory
structures be located behind the principal structure building line.
Waiver to Section 9.106 (C) (1) (e)- allowing the combination of accessory structures to exceed the
maximum allowed square footage by 8 square feet. City Code allows for a maximum of 1,000 square
feet in area, for accessory structures. The applicant is proposing to have two accessory structures on
the lot, with a total of 1,008 square feet in area.
3. Waiver to Section 9.106 (C) (1) (f)- allowing an accessory structure to exceed the maximum allowed
height by 2 feet and 7 inches. City Code requires that accessory structures do not exceed 18 feet in
height. The proposed garage height is 20' 7 ".
The property is located in the R -2A, One and Two Family Residential Zoning District. The Comprehensive Plan
designates this area for low density residential. Being that the proposed accessory structure would be for the
existing house on the property, the Variance request is consistent with the types of uses guided for this area.
STAFF RECOMMENDATION:
Staff has reviewed the proposal and believes the applicant meets the required findings of fact in order to grant
a Variance (See Planning Report). Staff recommends approval of the Variances for an accessory structure, to
be located at the subject property. The Planning and Zoning Commission held a public hearing on November
th, 2015, and voted unanimously to approve the Variances for the property located at 4224 2nd
4 Street NE.
RECOMMENDED MOTION(S):
Motion: Move to waive the reading of Resolution 2015 -89, there being ample copies available to the public.
Motion: Move to adopt Resolution No. 2015 -89, approving Variances for the property located at 4224 2nd
Street NE.,
ATTACHMENTS:
Resolution No. 2015 -89
Planning Report
Application
75
4224 2 nd Street NE.
City of Columbia Heights - Council Letter
Applicant's Narrative
Location Maps
Garage Plans
Survey: Existing Conditions
Survey: Proposed Conditions
76
Page 2
RESOLUTION NO. 2015-89
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR 4224 2ND STREET NE.
WHEREAS, a proposal (Case # 2015 -1101) has been submitted by John Holmberg to the City
Council requesting a Variance from the City of Columbia Heights Zoning Code at the following
site:
ADDRESS: 4224 2nd Street NE.
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF:
1. Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure to be located to
the side of the principal structure, rather than behind the building line. City Code
requires that detached accessory structures be located behind the principal
structure building line.
2. Waiver to Section 9.106 (C) (1) (e)- allowing the combination of accessory structures
to exceed the maximum allowed square footage by 8 square feet. City Code allows
for a maximum of 1,000 square feet in area, for accessory structures. The applicant
is proposing to have two accessory structures on the lot, with a total of 1,008 square
feet in area.
3. Waiver to Section 9.106 (C) (1) (f)- allowing an accessory structure to exceed the
maximum allowed height by 2 feet and 7 inches. City Code requires that accessory
structures do not exceed 18 feet in height. The proposed garage height is 20' 7 ".
WHEREAS, the Planning-and Zoning Commission has held a public hearing as required by the
City Zoning Code on November 4th, 2015;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
and Zoning Commission regarding the effect of the proposed variance upon the health, safety,
and welfare of the community and its Comprehensive Plan, as well as any concern related to
traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding
area;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the
City Council accepts and adopts the following findings of the Planning Commission:
77
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 permit.
Passed this 9th day of November, 2015.
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Nancy Becker
Council Secretary, Pro Tern
78
�,� COLUMBIA
HEIGHTS
CITY OF COLUMBIA HEIGHTS
PLANNING AND ZONING COMMISSION
PLANNING REPORT
CASE NUMBER: 2015 -1101
DATE: October 27, 2015
TO: Columbia Heights Planning and Zoning Commission
APPLICANT: John Holmberg
LOCATION: 42242 nd Street NE., Columbia Heights, MN 55421
REQUEST: Variance
PREPARED BY: Elizabeth Holmbeck, City Planner
INTRODUCTION
At this time, John Holmberg is requesting a Variance for a proposed accessory structure
(garage) at the property located at 4224 2nd St. NE. The Variance request is for the following
deviations from City Code:
1. Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure to be located to the
side of the principal structure, rather than behind the building line. City Code requires
that detached accessory structures be located behind the principal structure building
line.
2. Waiver to Section 9.106 (C) (1) (e)- allowing the combination of accessory structures to
exceed the maximum allowed square footage by 8 square feet. City Code allows for a
maximum of 1,000 square feet in area, for accessory structures. The applicant is
proposing to have two accessory structures on the lot, with a combination of 1,008
square feet in area.
3. Waiver to Section 9.106 (C) (1) (f)- allowing an accessory structure to exceed the
maximum allowed height by 2 feet and 7 inches. City Code requires that accessory
structures do not exceed 18 feet in height. The proposed garage height is 20' 7 ".
ZONING ORDINANCE
The property is located in the R -2A' One and Two Family Residential Zoning District. The
properties to the north, south, east and west are also located in the R -2A, One and Two family
Residential Zoning District. The properties to the southeast are located in the R -26, Built as
Duplexes Zoning District.
4224 2nd St. NE.
79
City of Columbia Heights Planning and Zoning Commission November 4, 2015
Planning Report page 2
COMPREHENSIVE PLAN
The Comprehensive Plan designates this area for low density residential. Being that the
proposed accessory structure would be for the existing house on the property, the Variance
request is consistent with the types of uses guided for this area.
FINDINGS OF FACT
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 applicant's property is a larger parcel when compared to many of the lots in
Columbia Heights. The parcel is comprised of three 40 foot lots, and one 20 foot lot.
The lots were previously combined at some time in the past. in order to keep the
existing garage and utilize the alley for access to the new garage, the applicant is
proposing to build the garage in the backyard, but off to the side of the existing
house. Currently, there would not be enough room to keep the existing garage and
add an additional garage behind the building line of the home.
The applicant has stated that the house on the property is small, and as such, poses
difficulties in terms of storage on the property. The previous owner had built a
carport attached to the existing garage and two additional sheds on the parcel. The
applicant is proposing to take down these structures. The original garage would be
kept on the property, directly behind the house, and the new garage would be
constructed in the backyard, off to the side of the home. According to the applicant,
the height and square footage Variance requests, will allow the property owner to
maximize storage on the property.
b) The conditions upon which the Variances are based are unique to the specific parcel
of land involved and are generally not applicable to other properties within the same
zoning classification.
This is correct. The majority of the lots in Columbia Heights range from 40, 50, and
60 feet in width. The subject property's dimensions are 140 X 130 with total of
18,200 square feet. The majority of the lots throughout the City are on average,
between 5,200 and 9,100 total square feet. The subject property is well over double
the total square footage of a typical lot in Columbia Heights.
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.
This is correct.
80
City of Columbia Heights Planning and Zoning Commission November 4, 2015
Planning Report Page 3
d) The granting of the Variance is in harmony with the general purpose and intent of
the Comprehensive Plan.
This is correct. The Comprehensive Plan designates this property as low density
residential. The applicant is proposing a modern garage for the existing single family
home.
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.
This is correct. The granting of the variances should not be materially detrimental to
the public welfare or the use of the properties in the vicinity. Additionally, since the
public hearing notices were sent out to the neighboring properties within 350 feet of
the subject property, and posted in the local paper, there have been no concerns
brought forth at this time.
RECOMMENDATION
Staff recommends approval of the Variances for an accessory structure, to be located at 4224
2nd Street NE.
Motion: Move to close the public hearing and waive the reading of Resolution 2015 -89, there
being ample copies available to the public.
Motion: The Planning Commission recommends that the City Council approve the Resolution
No. 2015 -89 approving Variances for the property located at 4224 2nd Street NE.,
1. Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure to be located to the
side of the principal structure, rather than behind the building line. City Code requires
that detached accessory structures be located behind the principal stricture building
line.
2. Waiver to Section 9.106 (C) (1) (e)- allowing the combination of accessory structures to
exceed the maximum allowed square footage by 8 square feet. City Code allows for a
maximum of 1,000 square feet in area, for accessory structures. The applicant is
proposing to have two accessory structures on the lot, with a combination of 1,008
square feet in area.
Waiver to Section 9.106 (C) (1) (f)- allowing an accessory structure to exceed the
maximum allowed height by 2 feet and 7 inches. City Code requires that accessory
structures do not exceed 18 feet in height. The proposed garage height is 20' 7 ".
81
City of Columbia Heights Planning and Zoning Commission November 4, 2015
Planning Report Page 4
ATTACHMENTS
Resolution No. 2015 -89
Application
Applicant's Narrative
Location Maps
Garage Plans
Survey: Existing Conditions
Survey: Proposed Conditions
82
CITY OF COLUMBIA HEIGHTS
VARIANCE APPLICATION
To be filled out by City:
CASE NO.:
APPLICABLE ORDINANCE NO.: 9A04 (G)
PRESENT ZONING:
PRESENT LAND USE PLAN DESIGNATION
DATE RECEIVED:
DATE OF LETTER OF COMPLETION:
APPROVAL DATE PER STATUTE:
REVIEW PERIOD EXTENDED:
To be filled out by Applicant.'
PROPOSED NAME OF DEVELOPMENT: 4m b
e, Y Y-0 (f ct
PROJECT ADDRESS /LOCATION: 22 Z S �11v
Ivy
LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary):
+he 5c� +k I, I� { t. "*- � 1�fi5 9 Cjrlo ale 1- 26
-- C• I�►�b��- f+f- „Akts I �y►� h� , ,,Aeti e(,'S A►1ei,,L
_KA (,% h F S C i- ck-
PRESENT USE OF PROPERTY: S 'Xcl y'e S� P R C
PROPOSED USE OF PROPERTY: , +
�' '► `� � �� '�CL v�'1 r t
f
REASON FOR REQUEST (Please attach a written narrative describing the variance being requested. The
narrative should fully explain the hardships) that justifies variation from the strict application of the Code. The
terms `hardship” or "undue hardship" typically refer to physical characteristics of the property, such as shape,
soil conditions, or topography. Neither mere inconvenience, nor reduction in value alone, is sufficient to justify
a variance. The inability to put property to its highest and best use is not considered a hardship or practical
difficulty. The problem that justifies the variance must be caused by conditions unique to the property and
beyond the control of the applicant. The applicant cannot create the condition that requires the variance.)
APPLICANT Jol ,)n RoImbtrq PHONE W- 2- 233•34S FAX ygc
E -MAIL jph �� %c�(r►�� ► q 2-01 C- TMz111, (40PAGER
ADDRESS ` L 2 q Z "--`� S f 1i) 67
CITY Cc t a,L yL b i eA- N i 4 Lt �_S STATE
FEE OWNER OF PROPERTY
ADDRESS
CITY
PHONE
STATE
Page 1 of 2
CELL #
ZIP J `{ )
FAX
ZIP
83
CITY OF COLUMBIA HEIGHTS
VARIANCE APPLICATION
THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF
APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED.
ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION
A. Application Checklist
B. Schedule of Planning and Zoning Commission Meetings
ITEMS TO ACCOMPANY VARIANCE APPLICATION
A. Submittals as required in the attached application checklist, describing the variance(s) proposed.
B. Two copies of a list of property owners within 350 feet of the subject property.
APPLICATION FEES:
A. $200 Variance Fee
TOTAL AMOUNT RECEIVED
CITY RECEIPT NUMBER (p '2LQ3q DATE RECEIVED
200
to -Cl -1 S
Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of
inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true
and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia
Heights and the StWe of Minnesota:
CANT SIGNAVURE DATE
PROPERTY OWNER SIGNATURE (If different from Applicant)
COMMUNITY DEVELOPMENT STAFF
Revised 2005
ER AND TITLE
DATE
DATE
Approved by the Columbia Heights Planning Commission on
Approved by the Columbia Heights City Council on
Page 2 of 2
84
Holmberg Garage Project Hardship Statement
This application includes 3 variance requests:
1. 207" height, increase of 27" above 18' per code;
2. 1008 square feet, increase of 8' above 1000 square foot per code;
3. placement of new garage not directly behind principal structure as per code.
We would like to build a garage on a 26'x28' slab. Our yard size is 140'x130' which is a
combination of 3 112 lots. There are a number of mature trees that will remain in place.
Currently on our property there is a house built in 1921 and a 14' wide single stall detached
garage with a short a 66" garage door and 2 additions with a basement and carpit. In
addition there are 2 sheds and a carport. The house itself has very limited area for storage. The
basement and upper floor have limited accessibility due to the steep winding stairways
without landings and lower than today's standard headroom. The proposed garage height is
well under the height of the house which stands at 23'9" and 1,213 finished square feet.
At this time we propose to build a new garage to modernize the storage capacity at the
property at the same time as reducing the number of accessory structures from 4 to 2. The
new garage will be built in the same manner and style as the house.*
Variance Request No.1: The additional 27" of height will allow a full height room to
maximize the capacity while maintaining the footprint.
Variance Request No. 2: Plans call for an even 28 foot width rather than 27 foot but results
in a addition of 8 feet above the total per Code.
Variance Request No. 3: Place new garage in position that is behind, but to the side of,
principal structure as required per Code.
Finally, we will dismantle the 2 sheds, 2 workshop additions, basement, carpit and carport
once the new garage is erected. We intend to keep the single stall garage, minus the
additions. The mature trees will not be disturbed and will become centerpieces of the
future landscape updates.
We respectfully request these variances be granted. Thank you.
John and Mary Holmberg
42242 nd St. NE
Columbia Heights, MN 55421
* As it stands, the house roof structure is deficient. We intend to update the roof with
an engineered truss system. The truss system will span the perimeter, allow for an
updated floor plan and alleviate the stress on the entire structure that is currently caused
by inadequately designed interior bearing walls.
85
co C N'1'1r
4224 2nd Street NE.
0
0
v
v
0o
rn
m .
n:
Z
z:
P
4309
4304
4301
4302
43RD AVE NE
4255
#1
4249
4243
4229
4225
4221
4217
4213
4207
4201
42ND AVE NE
4258
4254
4250
4242
4236
4218
4212
4206
4200
4305
v
GAUVITTE
PARK
42ND AVE
86
4301
4259
4253
4247
4241
4237
W
4233
D
Z
"'
4221
4215
4209
4201
v
GAUVITTE
PARK
42ND AVE
86
87
John Holmberg
Garage Project
Columbia Heights, Minnesota
John Holmberg
Garage Project
Columbia Heights, Minnesota
Project Number xxxx Date 9/11115
A100
FIRST FLOOR PLAN
1/8" = V-0"
John Holmberg
Garage Project
Columbia Heights, Minnesota
Project Number xxxx Date 9/11/16
KIIIIIIII
-lament
d
O
A101
A502
1 2
1
A601 A601
4' 8" 17' -8" 4' -8"
3-0" 5' -10" 5' -10" 3' -0" I ROOF
A502 2 2 A501
"v
0
STORAGE a
5' -10" 3' -0" i L
4' 8" 17 -8" 4' -8"
1
E501]
1 TRUSS BEARING
A102 1/811=11-0"
John Holmberg
Garage Project
Columbia Heights, Minnesota
Project Number XXXX Date 9/11/15
A102
v }
iv f—
d'
O
m
o
0
John Holmberg
Garage Project
Columbia Heights, Minnesota
Project Number XXXX Date 9/11/15
A102
1/8" = 1' -0"
- ALT
IGLES
ARING
4R
JG
_VEL 1 �
00"
URSE
6 "X8 "X16"
BLOCK
2 2
a5o1 1/8" = 1' -0"
John Holmberg
Garage Project
Columbia Heights, Minnesota
Project Number xxxx Date 9/11/15
ARING
9' -0"
EVE "
0"
A501
IF
nn
TRUSS BEARING _ /1
9' -Off
01 LEVEL 1_ �
0° Z1
1 3
TRUSS BEARING
9' - 0" ti..//
01 LEVEL_ 1
0" ZI
2 4
John Holmberg
Garage Project
Columbia Heights, Minnesota
Project Number xxxx Date 9/11/15
A502
TRUSS BY TRUSS
MANUFACTURER
Co
2X10 FLOOR JOISTS
TRUSS BEARING
91
2X4 WALLS
THICKENED
6" CMU CONCRETE SLAB
01LEVELl
0
L
Section 1
01 1/8" = 1 '-Otf
J.
20'-0"
0 2'-8' v 2--F
Co I?
co
o
0
r TRUSS BEARING
�T O
9
00
01 LEVEL_ I
01-
2 Section 2
�01 1/809 = 1' -0"
John Holmberg
Garage Project
Columbia Heights, Minnesota
Project Number xxxx Date 9/11/15
A601
93
� I
-,EL CERTIFICATE OF SURVEY
I HEREBY . CERTIFY THAT (MEASUREMENTS SHOWN IN FEET AND DECIMALS OF A FOOT)
OR UTNHDjERSMRyD% AN OR REPORT
AND AS PREPARED BY ME Y I KURTH SURVEYING, INC. TH T I AMA DULY LICENSED LAND S&R RvLSJON 4002 XFFERSON ST. N.E.
LA -TH .F INNES TA. R COLUMBIA HEIGHTS, MN 55421 Q 'LO
FI-OW (761 785-9769 FAX (76 768-7602
E -MAIL: KvRrHsuRVEYOA L.COM SCALE IN FEET
Randy Kurth. . S 3d
Russel .. 20270
1 J. Kurlh'-L-:.- 0. 16113
A_
4\
—,b7-
IA
o oo 10
L
0 0
-2— - s F
J'
--------
2-2—
13 y
L D
<z'
DATE �? I -) I-1 ° i ci
0 IRON MONUMENT
0
-FOR ,���, ��IKt3_ CERTIFICATE OF SURVEY
(MEASUREMENTS SHOWN IN FEET AND DECIMALS OF A FOOT)
HEREBY BYYMEHOR UNDERSMYYDIPEL'.T8 OR REPORT
_
AND THAT I AM A DULY - KURTH SURVEYING, INC.
-META TH LICENSED LAND SUR - 4002.EFFERSON ST. R,E. - 4 20
OF IINNESOTA. COLUMBIA HEIGHTS, MN 55421
PhgyE (76J) 788 -9769 FAX (763) 768 -7602
Randy L. Kurth S. E- MAILL: KURrHSURVEY0A L.COM SCALE IN FEET
Russell J. Kurth. I1L DN02016113 '? &V, to - ES - lS (VVD.2 ('cm(A -1c")
d
d
z
J
.y I I
PRaPOgt p 3 a'A'
N
000� i
N_ L) TZ,v c
I
0
d 7� L _
—
42z <r 0 .
I
O
d d
J IL
0
r
I � �
2,7- yq•
9 z�,
Q
0
Is :;II
DATE 'i 19 ,, S
o IRON MONUMEIft
�ou�a iN °LF�
Plo'�ts -ETJ I>o��3
v�: ;mc:AyuQc77
71
N
0
i
L�j
r
J
IJ
I�
q
hit
CH COLUMBIA
HEIGHTS
AGENDA SECTION PUBLIC HEARING
ITEM NO. 8B
MEETING DATE NOVEMBER 9, 2015
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
To approve the Interim Ordinance No. 1622, imposing a moratorium on auto related businesses
within the City of Columbia Heights, on first consideration.
DEPARTMENT: Community Development
CITY MANAGER'S APPROVAL:
BY /DATE: Elizabeth Holmbeck, November 51h, 2015
BY/DATE:
// k"- / /
BACKGROUND:
This past August, the Planning and Zoning Commission requested that staff pursue a moratorium on all auto
related uses along the Central Avenue Corridor. Staff brought this request before the City Council at the
September 8th, City Council Work Session. At the meeting, staff relayed the Planning and Zoning Commission's
concerns about the high number of auto related businesses in the City. The primary concern is that the high
number of auto related businesses presents a negative image of the community. Additionally, there is a strong
desire to see other types of commercial businesses such as retail establishments and restaurants flourish in
the City. Ultimately, the City Council decided to entertain the moratorium.
Under the direction of the City Council, staff is pursuing a moratorium on all auto related uses throughout the
City of Columbia Heights. Interim Ordinance No. 1622 (attached) requires two readings before the City
Council, to be held on November 9th, and November 23 d, 2015. If the Interim Ordinance is approved, the
moratorium would last for 6 months. During the 6 month moratorium, staff will complete a study assessing
the need for an amendment or any addition to the Zoning Ordinance as it pertains to auto related uses. The
moratorium can be extended upon approval of the City Council, if further time is necessary to complete the
study.
STAFF RECOMMENDATION:
Staff recommends approval of the 6 month moratorium for all auto related uses within the City of Columbia
Heights.
RECOMMENDED MOTION(S):
Motion: Move to waive the reading of Interim Ordinance No. 1622, there being ample copies available to the
public.
Motion: Move to approve the Interim Ordinance No. 1622, imposing a moratorium on auto related businesses
within the City of Columbia Heights, on first consideration.
ATTACHMENTS:
Interim Ordinance No. 1622
Interim Ordinance No. 1622
96
ORDINANCE NO. 1622
BEING AN INTERIM ORDINANCE IMPOSING A MORATORIUM ON AUTO RELATED
BUSINESSES PENDING COMPLETION OF A PLANNING STUDY ASSESSING THE NEED FOR
AN AMENDMENT TO THE CITY OF COLUMBIA HEIGHTS' OFFICIAL CONTROLS
Section 1:
WHEREAS, the City Council has considered the recommendation of the Planning and
Zoning Commission to impose a moratorium on all new auto related uses under
consideration; and
WHEREAS, auto related uses would be defined as any use of land relating to new and
used auto sales, the lease of autos, major and minor auto repair, auto detailing and
cleaning, fueling and service stations, auto body work and any auto reduction yard; and
WHEREAS, the City Council maintains that the City of Columbia Heights is adequately
served by a number of auto related uses throughout the City; and
WHEREAS, to protect the health, safety and welfare of the citizens of Columbia Heights,
City staff must study the need for amendments or additions to the City's official controls
to address auto related uses.
Section 2:
The City of Columbia Heights does ordain:
A moratorium shall be placed on any new auto related use throughout the entire city.
For the duration stated herein and until the City has completed a study of the need for
amendments or additions to the City's official controls to protect the public health,
safety and welfare, the City shall not accept, issue or process any application for use of
real property anywhere in the City for the purpose of an auto related use.
This moratorium shall apply, without limitation, to comprehensive land use plan
amendments, requests for rezoning, subdivisions, variances, conditional use permits,
site plan review applications and building permits for the construction or operation of
all auto related uses.
During the period of this moratorium, City staff will conduct a study of the official
controls, including appropriate permitting, licensing, land use controls and development
standards that may need to be adopted or revised to protect the public health, safety
and welfare of the citizens.
97
Section 3:
This ordinance shall be in full force and effect from and after 30 days after its passage,
and without further action from the City Council, throughout six months from its
effective date.
The duration of the moratorium established under this Section may be extended by
adoption of an amendment hereto for a total time not to exceed the limits set forth in
Minnesota Statutes Section 462.355, subd. 4, as amended from time to time.
First Reading: November 9, 2015
Offered by:
Seconded by:
Roll Call:
Second Reading: November 23, 2015
Offered by:
Seconded by:
Roll Call:
Date of Passage:
Mayor Gary L. Peterson
Attest:
Nancy Becker
Council Secretary, Pro Tern
98
0 CH COLUMBIA
HEIGHTS
AGENDA SECTION
PUBLIC HEARING
ITEM NO.
8C
MEETING DATE
NOVEMBER 9, 2015
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
To approve Ordinance No. 1623, amending City Code of 2005 relating to the Floodplain Management
Overlay District requirements within the City of Columbia Heights, on first consideration.
DEPARTMENT: Community Development
CITY MANAGE 'S APPROVAL:
BY /DATE: Elizabeth Holmbeck, November 5th, 2015
BY /DATE: d—1, //,�— ( , ./
BACKGROUND:
Under the direction of the Federal Emergency Management Agency (FEMA) and the Minnesota Department of
Natural Resources (MNDNR), Cities throughout Anoka County are tasked to update their floodplain ordinances
to incorporate new countywide Flood Insurance Rate Maps (FIRM). These maps will become effective
December 16th, 2015. The City's current ordinance as it relates to floodplain management, dates from 1993.
Since 2005, FEMA has added some new required language, and the MNDNR has made revisions to the State's
model ordinances. Ordinance No. 1623 (attached) includes the required updates and must be adopted by the
City Council. This ordinance will amend Section 9.113 (B) of the Zoning Ordinance. The new countywide Flood
Insurance Rate Maps are available to view at City Hall during regular business hours.
For further questions regarding this ordinance amendment, please contact Ceil Strauss, Floodplain Manager
for the MNDNR, at (651) 259 -5713 or at ceil.strauss @state.mn.us.
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance No. 1623, amending City Code of 2005 relating to the Floodplain
Management Overlay District requirements within the City of Columbia Heights, on first consideration.
RECOMMENDED MOTION(S):
Motion: Move to waive the reading of Ordinance No. 1623, there being ample copies available to the public.
Motion: Move to approve Ordinance No. 1623, amending City Code of 2005 relating to the Floodplain
Management Overlay District requirements within the City of Columbia Heights, on first consideration.
ATTACHMENTS:
Ordinance No. 1623
99
Ordinance No. 1623
ORDINANCE NO. 1623
BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO THE FLOODPLAIN
MANAGEMENT OVERLAY DISTRICT REQUIREMENTS WITHIN THE CITY OF COLUMBIA
HEIGHTS
The City of Columbia Heights does ordain:
Section 1: Chapter 9, Article I, Section 9.113 (B), City Code of 2005, as it currently
reads, is hereby amended.
Section 2: Chapter 9, Article 1, Section 9.113 (B), City Code of 2005, shall hereafter
read as follows, to wit:
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
1.1 Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota
Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government
units to adopt regulations designed to minimize flood losses. Therefore, the City Council of
Columbia Heights, Minnesota, does ordain as follows.
1.2 Purpose:
1.21 This ordinance regulates development in the flood hazard areas of Columbia Heights,
Minnesota. These flood hazard areas are subject to periodic inundation, which may
result in loss of life and property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures for flood protection
and relief, and impairment of the tax base. It is the purpose of this ordinance to
promote the public health, safety, and general welfare by minimizing these losses
and disruptions.
1.22 National Flood Insurance Program Compliance. This ordinance is adopted to comply
with the rules and regulations of the National Flood Insurance Program codified as 44
Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the
community's eligibility in the National Flood Insurance Program.
1.23 This ordinance is also intended to preserve the natural characteristics and functions
of watercourses and floodplains in order to moderate flood and storm water
impacts, improve water quality, reduce soil erosion, protect aquatic and riparian
habitat, provide recreational opportunities, provide aesthetic benefits and enhance
community and economic development.
SECTION 2.0 GENERAL PROVISIONS
2.1 How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to
Columbia Heights and includes three floodplain districts: Floodway, Flood Fringe, and
General Floodplain.
2.11 Where Floodway and Flood Fringe districts are delineated on the floodplain maps,
the standards in Sections 4 or 5 will apply, depending on the location of a property.
100
2.12 Locations where Floodway and Flood Fringe districts are not delineated on the
floodplain maps are considered to fall within the General Floodplain district. Within
the General Floodplain district, the Floodway District standards in Section 4 apply
unless the floodway boundary is determined, according to the process outlined in
Section 6. Once the floodway boundary is determined, the Flood Fringe District
standards in Section 5 may apply outside the floodway.
2.2 Lands to Which Ordinance Applies: This ordinance applies to all lands within the
jurisdiction of the City of Columbia Heights shown on the Official Zoning Map and /or the
attachments to the map as being located within the boundaries of the Floodway, Flood
Fringe, or General Floodplain Districts.
2.21 The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that
are superimposed on all existing zoning districts. The standards imposed in the
overlay districts are in addition to any other requirements in this ordinance. In case
of a conflict, the more restrictive standards will apply.
2.3 Incorporation of Maps by Reference: The following maps together with all attached
material are hereby adopted by reference and declared to be a part of the Official Zoning
Map and this ordinance. The attached material includes the Flood Insurance Study for
Anoka County, Minnesota, and Incorporated Areas and the Flood Insurance Rate Map
enumerated below, all dated December 16, 2015 and all prepared by the Federal Emergency
Management Agency. These materials are on file in the Office of the City Planner.
• 27003CO384E
• 27003CO392E
• 27003CO403E
• 27003CO411E
2.4 Regulatory Flood Protection Elevation: The regulatory flood protection elevation (RFPE) is
an elevation no lower than one foot above the elevation of the regional flood plus any
increases in flood elevation caused by encroachments on the floodplain that result from
designation of a floodway.
2.5 Interpretation: The boundaries of the zoning districts are determined by scaling distances
on the Flood Insurance Rate Map.
2.51 Where a conflict exists between the floodplain limits illustrated on the official zoning
map and actual field conditions, the flood elevations shall be the governing factor.
The Zoning Administrator must interpret the boundary location based on the ground
elevations that existed on the site on the date of the first National Flood Insurance
Program map showing the area within the regulatory floodplain, and other available
technical data.
2.52 Persons contesting the location of the district boundaries will be given a reasonable
opportunity to present their case to the Board of Adjustment and to submit technical
evidence.
2.6 Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal,
abrogate, or impair any existing easements, covenants, or other private agreements.
However, where this ordinance imposes greater restrictions, the provisions of this ordinance
101
prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the
extent of the inconsistency only.
2.7 Warning and Disclaimer of Liability: This ordinance does not imply that areas outside the
floodplain districts or land uses permitted within such districts will be free from flooding or
flood damages. This ordinance does not create liability on the part of the City of Columbia
Heights or its officers or employees for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made hereunder.
2.8 Severability: If any section, clause, provision, or portion of this ordinance is adjudged
unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be
affected and shall remain in full force.
2.9 Definitions: Unless specifically defined below, words or phrases used in this ordinance must
be interpreted according to common usage and so as to give this ordinance its most
reasonable application.
2.911 Accessory Use or Structure — a use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
2.912 Base Flood Elevation —The elevation of the "regional flood." The term "base flood
elevation" is used in the flood insurance survey.
2.913 Basement — any area of a structure, including crawl spaces, having its floor or base
subgrade (below ground level) on all four sides, regardless of the depth of excavation
below ground level.
2.914 Conditional Use — a specific type of structure or land use listed in the official control
that may be allowed but only after an in -depth review procedure and with
appropriate conditions or restrictions as provided in the official zoning controls or
building codes and upon a finding that:
(a) Certain conditions as detailed in the zoning ordinance exist.
(b) The structure and /or land use conform to the comprehensive land use plan
if one exists and are compatible with the existing neighborhood.
2.915 Critical Facilities — facilities necessary to a community's public health and safety,
those that store or produce highly volatile, toxic or water- reactive materials, and
those that house occupants that may be insufficiently mobile to avoid loss of life or
injury. Examples of critical facilities include hospitals, correctional facilities, schools,
daycare facilities, nursing homes, fire and police stations, wastewater treatment
facilities, public electric utilities, water plants, fuel storage facilities, and waste
handling and storage facilities.
2.916 Development — any manmade change to improved or unimproved real estate,
including buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or materials.
2.917 Equal Degree of Encroachment — a method of determining the location of floodway
boundaries so that floodplain lands on both sides of a stream are capable of
conveying a proportionate share of flood flows.
2.918 Farm Fence — A fence as defined by Minn. Statutes Section 344.02, Subd. 1(a) -(d). An
open type fence of posts and wire is not considered to be a structure under this
102
ordinance. Fences that have the potential to obstruct flood flows, such as chain link
fences and rigid walls, are regulated as structures under this ordinance.
2.919 Flood — a temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
2.920 Flood Frequency —the frequency for which it is expected that a specific flood stage
or discharge may be equaled or exceeded.
2.921 Flood Fringe —that portion of the floodplain outside of the floodway. Flood fringe is
synonymous with the term "floodway fringe" used in the Flood Insurance Study for
Anoka County, Minnesota.
2.922 Flood Prone Area — any land susceptible to being inundated by water from any
source (see "Flood ").
2.923 Floodplain — the beds proper and the areas adjoining a wetland, lake or watercourse
which have been or hereafter may be covered by the regional flood.
2.924 Floodproofing — a combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or
elimination of flood damages.
2.925 Floodway —the bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining floodplain which are reasonably required to carry or store
the regional flood discharge.
2.926 Lowest Floor — the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, used solely for parking of vehicles, building
access, or storage in an area other than a basement area, is not considered a
building's lowest floor.
2.927 Manufactured Home — a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home"
does not include the term "recreational vehicle."
2.928 Obstruction — any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting into any channel,
watercourse, or regulatory floodplain which may impede, retard, or change the
direction of the flow of water, either in itself or by catching or collecting debris
carried by such water.
2.929 One Hundred Year Floodplain — lands inundated by the "Regional Flood" (see
definition).
2.930 Principal Use or Structure — all uses or structures that are not accessory uses or
structures.
2.931 Reach — a hydraulic engineering term to describe a longitudinal segment of a stream
or river influenced by a natural or man -made obstruction. In an urban area, the
segment of a stream or river between two consecutive bridge crossings would most
typically constitute a reach.
103
2.932 Recreational Vehicle — a vehicle that is built on a single chassis, is 400 square feet or
less when measured at the largest horizontal projection, is designed to be self -
propelled or permanently towable by a light duty truck, and is designed primarily not
for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use. For the purposes of this ordinance, the term
recreational vehicle is synonymous with the term "travel trailer /travel vehicle."
2.933 Regional Flood — a flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of the 1% chance or
100 -year recurrence interval. Regional flood is synonymous with the term "base
flood" used in a flood insurance study.
2.934 Regulatory Flood Protection Elevation (RFPE) - an elevation not less than one foot
above the elevation of the regional flood plus any increases in flood elevation caused
by encroachments on the floodplain that result from designation of a floodway.
2.935 Repetitive Loss: Flood related damages sustained by a structure on two separate
occasions during a ten year period for which the cost of repairs at the time of each
such flood event on the average equals or exceeds 25% of the market value of the
structure before the damage occurred.
2.936 Special Flood Hazard Area — a term used for flood insurance purposes synonymous
with "One Hundred Year Floodplain."
2.937 Structure - anything constructed or erected on the ground or attached to the ground
or on -site utilities, including, but not limited to, buildings, factories, sheds, detached
garages, cabins, manufactured homes, recreational vehicles not meeting the
exemption criteria specified in Section 9.22 of this ordinance and other similar items.
2.938 Substantial Damage - means damage of any origin sustained by a structure where the
cost of restoring the structure to its before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage occurred.
2.939 Substantial Improvement - within any consecutive 365 -day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair after
damage, addition, or other improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure before the "start of
construction" of the improvement. This term includes structures that have incurred
"substantial damage," regardless of the actual repair work performed. The term
does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of state
or local health, sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary to
assure safe living conditions.
(b) Any alteration of a "historic structure," provided that the alteration will not
preclude the structure's continued designation as a "historic structure." For the
purpose of this ordinance, "historic structure" is as defined in 44 Code of Federal
Regulations, Part 59.1.
104
2.10. Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 2.3
above may include floodplain areas that lie outside of the corporate boundaries of the City
of Columbia Heights at the time of adoption of this ordinance. If any of these floodplain
land areas are annexed into the City after the date of adoption of this ordinance, the newly
annexed floodplain lands will be subject to the provisions of this ordinance immediately
upon the date of annexation.
SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS
3.1 Districts:
3.11 Floodway District. The Floodway District includes those areas designated as
floodway on the Flood Insurance Rate Map adopted in Section 2.3. For lakes,
wetlands and other basins, the Floodway District includes those areas designated as
Zone A on the Flood Insurance Rate Map that are at or below the ordinary high water
level as defined in Minnesota Statutes, Section 103G.005, subdivision 14.
3.12 Flood Fringe District. The Flood Fringe District includes those areas designated as
floodway fringe on the Flood Insurance Rate Map adopted in Section 2.3, as being
within Zone AE but being located outside of the floodway. For lakes, wetlands and
other basins (that do not have a floodway designated), the Flood Fringe District
includes those areas designated as Zone A on the Flood Insurance Rate Map panels
adopted in Section 2.3 that are below the 1% annual chance (100 -year) flood
elevation but above the ordinary high water level as defined in Minnesota Statutes,
Section 103G.005, subdivision 14.
3.13 General Floodplain District. The General Floodplain District includes those areas
designated as Zone A or Zone AE without a floodway on the Flood Insurance Rate
Map adopted in Section 2.3, but not subject to the criteria in sections 3.11 and 3.12
above.
3.2 Compliance: Within the floodplain districts established in this ordinance, the use of any
land, the use, size, type and location of structures on lots, the installation and maintenance
of transportation, utility, water supply and waste treatment facilities, and the subdivision of
land must comply with the terms of this ordinance and other applicable regulations. All
uses not listed as permitted uses or conditional uses in Sections 4.0, 5.0 and 6.0,
respectively, are prohibited.
In addition, a caution is provided here that:
3.21 New and replacement manufactured homes and certain recreational vehicles are
subject to the general provisions of this ordinance and specifically Section 9.0.
3.22 Modifications, additions, structural alterations, normal maintenance and repair, or
repair after damage to existing nonconforming structures and nonconforming uses of
structures or land are regulated by the general provisions of this ordinance and
specifically Section 11.0.
3.23 All structures must be constructed with electrical, heating, ventilation, plumbing, and
air conditioning equipment and other service facilities that are designed and /or
located so as to prevent water from entering or accumulating within the components
during conditions of flooding.
105
3.24 As -built elevations for elevated or floodproofed structures must be certified by
ground surveys and flood - proofing techniques must be designed and certified by a
registered professional engineer or architect as specified in the general provisions of
this ordinance and specifically as stated in Section 10.0 of this ordinance.
3.25 Critical facilities, as defined in Section 2.915, are prohibited in all floodplain districts.
SECTION 4.0 FLOODWAY DISTRICT (FW)
4.1 Permitted Uses: The following uses, subject to the standards set forth in Section 4.2, are
permitted uses if otherwise allowed in the underlying zoning district or any applicable
overlay district:
4.11 General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck
farming, forestry, sod farming, and wild crop harvesting.
4.12 Industrial - commercial loading areas, parking areas, and airport landing strips.
4.13 Open space uses, including but not limited to private and public golf courses, tennis
courts, driving ranges, archery ranges, picnic grounds, boat launching ramps,
swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries,
shooting preserves, hunting and fishing areas, and single or multiple purpose
recreational trails.
4.14 Residential lawns, gardens, parking areas, and play areas.
4.15 Railroads, streets, bridges, utility transmission lines and pipelines, provided that the
Department of Natural Resources' Area Hydrologist is notified at least ten days prior
to issuance of any permit, and that the standards in Sections 4.41, 4.43(a) and 4.46 of
this ordinance are met.
4.2 Standards for Floodway Permitted Uses:
4.21 The use must have a low flood damage potential.
4.22 With the exception of the uses listed in Section 4.15, the use must not obstruct flood
flows or increase flood elevations and must not involve structures, fill, obstructions,
excavations or storage of materials or equipment.
4.23 Any facility that will be used by employees or the general public must be designed
with a flood warning system that provides adequate time for evacuation if the area is
inundated to a depth and velocity such that the depth (in feet) multiplied by the
velocity (in feet per second) would exceed a product of four upon occurrence of the
regional (1% chance) flood.
4.3 Conditional Uses: The following uses may be allowed as conditional uses following the
standards and procedures set forth in Section 10.4 of this ordinance and further subject to
the standards set forth in Section 4.4, if otherwise allowed in the underlying zoning district
or any applicable overlay district.
4.31 Structures accessory to the uses listed in 4.1 above and the uses listed in 4.32 - 4.37
below.
4.32 Extraction and storage of sand, gravel, and other materials.
4.33 Marinas, boat rentals, docks, piers, wharves, and water control structures.
106
4.34 Storage yards for equipment, machinery, or materials.
4.35 Placement of fill or construction of fences that obstruct flood flows. Farm fences, as
defined in section 2.918, are permitted uses.
4.36 Travel -ready recreational vehicles meeting the exception standards in Section 9.3.
4.37 Levees or dikes intended to protect agricultural crops for a frequency flood event
equal to or less than the 10 -year frequency flood event.
4.4 Standards for Floodway Conditional Uses:
4.41 All Uses. A conditional use must not cause any increase in the stage of the 1% chance
or regional flood or cause an increase in flood damages in the reach or reaches
affected.
4.42 Fill; Storage of Materials and Equipment:
(a) The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
(b) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain
must be protected from erosion by vegetative cover, mulching, riprap or other
acceptable method. Permanent sand and gravel operations and similar uses must
be covered by a long -term site development plan.
(c) Temporary placement of fill, other materials, or equipment which would cause an
increase to the stage of the 1% percent chance or regional flood may only be
allowed if the City Council has approved a plan that assures removal of the
materials from the floodway based upon the flood warning time available.
4.43 Accessory Structures:
(a) Accessory structures must not be designed for human habitation.
(b) Accessory structures, if permitted, must be constructed and placed on the
building site so as to offer the minimum obstruction to the flow of flood waters:
(1) Whenever possible, structures must be constructed with the longitudinal axis
parallel to the direction of flood flow; and
(2) So far as practicable, structures must be placed approximately on the same
flood flow lines as those of adjoining structures.
(c) Accessory structures must be elevated on fill or structurally dry floodproofed in
accordance with the FP -1 or FP -2 floodproofing classifications in the State
Building Code. All floodproofed accessory structures must meet the following
additional standards:
(1) The structure must be adequately anchored to prevent flotation, collapse or
lateral movement and designed to equalize hydrostatic flood forces on
exterior walls; and
(2) Any mechanical and utility equipment in the structure must be elevated to or
above the regulatory flood protection elevation or properly floodproofed.
107
(d) As an alternative, an accessory structure may be internally /wet floodproofed to
the FP -3 or FP -4 floodproofing classifications in the State Building Code, provided
the accessory structure constitutes a minimal investment and does not exceed
576 square feet in size. A detached garage may only be used for parking of
vehicles and limited storage. All structures must meet the following standards:
{1) To allow for the equalization of hydrostatic pressure, there must be a
minimum of two "automatic" openings in the outside walls of the structure,
with a total net area of not less than one square inch for every square foot of
enclosed area subject to flooding; and
(2) There must be openings on at least two sides of the structure and the bottom
of all openings must be no higher than one foot above the lowest adjacent
grade to the structure. Using human intervention to open a garage door
prior to flooding will not satisfy this requirement for automatic openings.
4.44 Structural works for flood control that will change the course, current or cross section
of protected wetlands or public waters are subject to the provisions of Minnesota
Statutes, Section 103G.245.
4.45 A levee, dike or floodwall constructed in the floodway must not cause an increase to
the 1% chance or regional flood. The technical analysis must assume equal
conveyance or storage loss on both sides of a stream.
4.46 Floodway developments must not adversely affect the hydraulic capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system.
SECTION 5.0 FLOOD FRINGE DISTRICT (FF)
5.1 Permitted Uses: Permitted uses are those uses of land or structures allowed in the
underlying zoning district(s) that comply with the standards in Sections 5.2. If no pre-
existing, underlying zoning districts exist, then any residential or nonresidential structure or
use of a structure or land is a permitted use provided it does not constitute a public
nuisance.
5.2 Standards for Flood Fringe Permitted Uses:
5.21 All structures, including accessory structures, must be elevated on fill so that the
lowest floor, as defined, is at or above the regulatory flood protection elevation. The
finished fill elevation for structures must be no lower than one foot below the
regulatory flood protection elevation and the fill must extend at the same elevation at
least 15 feet beyond the outside limits of the structure.
(a) All service utilities, including ductwork, must be elevated or water -tight to
prevent infiltration of floodwaters.
(b) As an alternative to elevation on fill, an accessory structure that constitutes a
minimal investment and that does not exceed 576 square feet in size may be
internally floodproofed in accordance with Section 4.43.
5.22 The cumulative placement of fill or similar material on a parcel must not exceed 1,000
cubic yards, unless the fill is specifically intended to elevate a structure in accordance
with Section 5.21 of this ordinance, or if allowed as a conditional use under Section
5.33 below.
W11
5.23 The storage of any materials or equipment must be elevated on fill to the regulatory
flood protection elevation.
5.24 The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
5.25 Fill must be properly compacted and the slopes must be properly protected by the
use of riprap, vegetative cover or other acceptable method.
5.26 All new principal structures must have vehicular access at or above an elevation not
more than two feet below the regulatory flood protection elevation, or must have a
flood warning /emergency evacuation plan acceptable to the City Council.
5.27 Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation
lower than the regulatory flood protection elevation. However, any facilities used by
employees or the general public must be designed with a flood warning system that
provides adequate time for evacuation if the area is inundated to a depth and velocity
such that the depth (in feet) multiplied by the velocity (in feet per second) would
exceed a product of four upon occurrence of the regional (1% chance) flood.
5.28 Interference with normal manufacturing /industrial plant operations must be
minimized, especially along streams having protracted flood durations. In considering
permit applications, due consideration must be given to the needs of industries with
operations that require a floodplain location.
5.29 Flood fringe developments must not adversely affect the hydraulic capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system.
5.30 Manufactured homes and recreational vehicles must meet the standards of Section 9
of this ordinance.
5.3 Conditional Uses: The following uses and activities may be allowed as conditional uses, if
allowed in the underlying zoning district(s) or any applicable overlay district, following the
procedures in Section 10.4 of this ordinance. Conditional uses must meet the standards in
Sections 5.24 through 5.30 and Section 5.4.
5.31 Any structure that is not elevated on fill or flood proofed in accordance with Section
5.21 of this ordinance.
5.32 Storage of any material or equipment below the regulatory flood protection
elevation.
5.33 The cumulative placement of more than 1,000 cubic yards of fill when the fill is not
being used to elevate a structure in accordance with Section 5.21 of this ordinance.
5.4 Standards for Flood Fringe Conditional Uses:
5.41 The standards listed in Sections 5.24 through 5.30 apply to all conditional uses.
5.42 Basements, as defined by Section 2.913 of this ordinance, are subject to the
following:
(a) Residential basement construction is not allowed below the regulatory flood
protection elevation.
(b) Non- residential basements may be allowed below the regulatory flood protection
elevation provided the basement is structurally dry floodproofed in accordance
with Section 5.44 of this ordinance.
109
5.43 All areas of nonresidential structures, including basements, to be placed below the
regulatory flood protection elevation must be floodproofed in accordance with the
structurally dry floodproofing classifications in the State Building Code. Structurally
dry floodproofing must meet the FP -1 or FP -2 floodproofing classification in the State
Building Code, which requires making the structure watertight with the walls
substantially impermeable to the passage of water and with structural components
capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
Structures wet floodproofed to the FP -3 or FP -4 classification are not permitted.
5.44 The placement of more than 1,000 cubic yards of fill or other similar material on a
parcel (other than for the purpose of elevating a structure to the regulatory flood
protection elevation) must comply with an approved erosion /sedimentation control
plan.
(a) The plan must clearly specify methods to be used to stabilize the fill on site for a
flood event at a minimum of the regional (1% chance) flood event.
(b) The plan must be prepared and certified by a registered professional engineer or
other qualified individual acceptable to the City Council.
(c) The plan may incorporate alternative procedures for removal of the material
from the floodplain if adequate flood warning time exists.
5.45 Storage of materials and equipment below the regulatory flood protection elevation
must comply with an approved emergency plan providing for removal of such
materials within the time available after a flood warning.
5.46 Alternative elevation methods other than the use of fill may be utilized to elevate a
structure's lowest floor above the regulatory flood protection elevation, These
alternative methods may include the use of stilts, pilings, parallel walls, etc., or above -
grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor
of an enclosed area shall be considered above -grade and not a structure's basement
or lowest floor if: 1) the enclosed area is above -grade on at least one side of the
structure; 2) it is designed to internally flood and is constructed with flood resistant
materials; and 3) it is used solely for parking of vehicles, building access or storage.
The above -noted alternative elevation methods are subject to the following
additional standards:
(a) Design and Certification - The structure's design and as -built condition must be
certified by a registered professional engineer or architect as being in
compliance with the general design standards of the State Building Code and,
specifically, that all electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities must be at or above the regulatory flood
protection elevation or be designed to prevent flood water from entering or
accumulating within these components during times of flooding.
(b) Specific Standards for Above - grade, Enclosed Areas - Above - grade, fully
enclosed areas such as crawl spaces or tuck under garages must be designed to
internally flood and the design plans must stipulate:
(1) The minimum area of openings in the walls where internal flooding is to be
used as a floodproofing technique. There shall be a minimum of two
110
openings on at least two sides of the structure and the bottom of all
openings shall be no higher than one foot above grade. The automatic
openings shall have a minimum net area of not less than one square inch for
every square foot of enclosed area subject to flooding unless a registered
professional engineer or architect certifies that a smaller net area would
suffice. The automatic openings may be equipped with screens, louvers,
valves, or other coverings or devices provided that they permit the automatic
entry and exit of flood waters without any form of human intervention; and
( 2) That the enclosed area will be designed of flood resistant materials in
accordance with the FP -3 or FP -4 classifications in the State Building Code
and shall be used solely for building access, parking of vehicles or storage.
SECTION 6.0 GENERAL FLOODPLAIN DISTRICT (GF)
6.1 Permitted Uses:
6.11 The uses listed in Section 4.1 of this ordinance, Floodway District Permitted Uses, are
permitted uses.
6.12 All other uses are subject to the floodway /flood fringe evaluation criteria specified in
Section 6.2 below. Section 4.0 applies if the proposed use is determined to be in the
Floodway District. Section 5.0 applies if the proposed use is determined to be in the
Flood Fringe District.
6.2 Procedures for Floodway and Flood Fringe Determinations:
6.21 Upon receipt of an application for a permit or other approval within the General
Floodplain District, the Zoning Administrator must obtain, review and reasonably
utilize any regional flood elevation and floodway data available from a federal, state,
or other source.
6.22 If regional flood elevation and floodway data are not readily available, the applicant
must furnish additional information, as needed, to determine the regulatory flood
protection elevation and whether the proposed use would fall within the Floodway or
Flood Fringe District. Information must be consistent with accepted hydrological and
hydraulic engineering standards and the standards in 6.23 below.
6.23 The determination of floodway and flood fringe must include the following
components, as applicable:
(a) Estimate the peak discharge of the regional (1% chance) flood.
(b) Calculate the water surface profile of the regional flood based upon a hydraulic
analysis of the stream channel and overbank areas.
(c) Compute the floodway necessary to conveyor store the regional flood without
increasing flood stages more than one -half (0.5) foot. A lesser stage increase
than 0.5 foot is required if, as a result of the stage increase, increased flood
damages would result. An equal degree of encroachment on both sides of the
stream within the reach must be assumed in computing floodway boundaries.
6.24 The Zoning Administrator will review the submitted information and assess the
technical evaluation and the recommended Floodway and /or Flood Fringe District
boundary. The assessment must include the cumulative effects of previous floodway
IID
encroachments. The Zoning Administrator may seek technical assistance from a
designated engineer or other expert person or agency, including the Department of
Natural Resources. Based on this assessment, the Zoning Administrator may approve
or deny the application.
6.25 Once the Floodway and Flood Fringe District boundaries have been determined, the
Zoning Administrator must process the permit application consistent with the
applicable provisions of Section 4.0 and 5.0 of this ordinance.
SECTION 7.0 LAND DEVELOPMENT STANDARDS
7.1 In General: Recognizing that flood prone areas may exist outside of the designated
floodplain districts, the requirements of this section apply to all land within the City of
Columbia Heights.
7.2 Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or
inadequate drainage, water supply or sewage treatment facilities. Manufactured home
parks and recreational vehicle parks or campgrounds are considered subdivisions under this
ordinance.
7.21 All lots within the floodplain districts must be able to contain a building site outside of
the Floodway District at or above the regulatory flood protection elevation.
7.22 All subdivisions must have road access both to the subdivision and to the individual
building sites no lower than two feet below the regulatory flood protection elevation,
unless a flood warning emergency plan for the safe evacuation of all vehicles and
people during the regional (1% chance) flood has been approved by the City Council.
The plan must be prepared by a registered engineer or other qualified individual, and
must demonstrate that adequate time and personnel exist to carry out the
evacuation.
7.23 For all subdivisions in the floodplain, the Floodway and Flood Fringe District
boundaries, the regulatory flood protection elevation and the required elevation of all
access roads must be clearly labeled on all required subdivision drawings and platting
documents.
7.24 In the General Floodplain District, applicants must provide the information required in
Section 6.2 of this ordinance to determine the regional flood elevation, the Floodway
and Flood Fringe District boundaries and the regulatory flood protection elevation for
the subdivision site.
7.25 If a subdivision proposal or other proposed new development is in a flood prone area,
any such proposal must be reviewed to assure that:
(a) All such proposals are consistent with the need to minimize flood damage within
the flood prone area,
(b) All public utilities and facilities, such as sewer, gas, electrical, and water systems
are located and constructed to minimize or eliminate flood damage, and
(c) Adequate drainage is provided to reduce exposure of flood hazard.
7.3 Building Sites: If a proposed building site is in a flood prone area, all new construction and
substantial improvements (including the placement of manufactured homes) must be:
112
(a) Designed (or modified) and adequately anchored to prevent floatation, collapse,
or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
(b) Constructed with materials and utility equipment resistant to flood damage;
(c) Constructed by methods and practices that minimize flood damage; and
(d) Constructed with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and /or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES
8.1 Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water
supply systems to be located in the floodplain must be floodproofed in accordance with the
State Building Code or elevated to the regulatory flood protection elevation.
8.2 Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the
floodplain must comply with Sections 4.0 and 5.0 of this ordinance. These transportation
facilities must be elevated to the regulatory flood protection elevation where failure or
interruption of these facilities would result in danger to the public health or safety or where
such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads
or railroads may be constructed at a lower elevation where failure or interruption of
transportation services would not endanger the public health or safety.
8.3 On -site Water Supply and Sewage Treatment Systems: Where public utilities are not
provided: 1) On -site water supply systems must be designed to minimize or eliminate
infiltration of flood waters into the systems; and 2) New or replacement on -site sewage
treatment systems must be designed to minimize or eliminate infiltration of flood waters
into the systems and discharges from the systems into flood waters and they must not be
subject to impairment or contamination during times of flooding. Any sewage treatment
system designed in accordance with the state's current statewide standards for on -site
sewage treatment systems is considered to be in compliance with this Section.
SECTION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL
VEHICLES.
9.1 Manufactured Homes: New manufactured home parks and expansions to existing
manufactured home parks are prohibited in any floodplain district. For existing
manufactured home parks or lots of record, the following requirements apply:
9.11 Placement or replacement of manufactured home units is prohibited in the Floodway
District.
9.12 If allowed in the Flood Fringe District, placement or replacement of manufactured
home units is subject to the requirements of Section 5 of this ordinance and the
following standards.
(a) New and replacement manufactured homes must be elevated in compliance with
Section 5 of this ordinance and must be securely anchored to an adequately
anchored foundation system that resists flotation, collapse and lateral
movement. Methods of anchoring may include, but are not limited to, use of
113
over -the -top or frame ties to ground anchors. This requirement is in addition to
applicable state or local anchoring requirements for resisting wind forces.
(b) New or replacement manufactured homes in existing manufactured home parks
must meet the vehicular access requirements for subdivisions in Section 7.22.
9.2 Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to
existing recreational vehicle parks or campgrounds are prohibited in any floodplain district.
Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in
the floodplain must meet the exemption criteria below or be treated as new structures
meeting the requirements of this ordinance.
9.21 Recreational vehicles are exempt from the provisions of this ordinance if they are
placed in any of the following areas and meet the criteria listed in Section 9.22:
(a) Individual lots or parcels of record.
(b) Existing commercial recreational vehicle parks or campgrounds.
(c) Existing condominium -type associations.
9.22 Criteria for Exempt Recreational Vehicles:
(a) The vehicle must have a current license required for highway use.
(b) The vehicle must be highway ready, meaning on wheels or the internal jacking
system, attached to the site only by quick disconnect type utilities commonly
used in campgrounds and recreational vehicle parks.
(c) No permanent structural type additions may be attached to the vehicle.
(d) The vehicle and associated use must be permissible in any pre - existing,
underlying zoning district.
(e) Accessory structures are not permitted within the Floodway District. Any
accessory structure in the Flood Fringe District must be constructed of flood -
resistant materials and be securely anchored, meeting the requirements
applicable to manufactured homes in Section 9.22.
(f) An accessory structure must constitute a minimal investment
9.23 Recreational vehicles that are exempt in Section 9.22 lose this exemption when
development occurs on the site that exceeds a minimal investment for an accessory
structure such as a garage or storage building. The recreational vehicle and all
accessory structures will then be treated as new structures subject to the elevation
and floodproofing requirements of Section 5.0 of this ordinance. No development or
improvement on the parcel or attachment to the recreational vehicle is allowed that
would hinder the removal of the vehicle should flooding occur.
SECTION 10.0 ADMINISTRATION
10.1 Zoning Administrator: A Zoning Administrator or other official designated by the City
Council must administer and enforce this ordinance.
10.2 Permit Requirements:
114
10.21 Permit Required. A permit must be obtained from the Zoning Administrator prior to
conducting the following activities:
(a) The erection, addition, modification, rehabilitation, or alteration of any building,
structure, or portion thereof. Normal maintenance and repair also requires a
permit if such work, separately or in conjunction with other planned work,
constitutes a substantial improvement as defined in this ordinance.
(b) The use or change of use of a building, structure, or land.
(c) The construction of a dam, fence, or on -site septic system, although a permit is
not required for a farm fence as defined in this ordinance.
(d) The change or extension of a nonconforming use.
(e) The repair of a structure that has been damaged by flood, fire, tornado, or any
other source.
(f) The placement of fill, excavation of materials, or the storage of materials or
equipment within the floodplain.
(g) Relocation or alteration of a watercourse - including new or replacement culverts
and bridges), unless a public waters work permit has been applied for.
(h) Any other type of "development" as defined in this ordinance.
10.22 Application for Permit. Permit applications must be submitted to the Zoning
Administrator on forms provided by the Zoning Administrator. The permit application
must include the following as applicable:
(a) A site plan showing all pertinent dimensions, existing or proposed buildings,
structures, and significant natural features having an influence on the permit.
(b) Location of fill or storage of materials in relation to the stream channel.
(c) Copies of any required municipal, county, state or federal permits or approvals.
(d) Other relevant information requested by the Zoning Administrator as necessary
to properly evaluate the permit application.
10.23 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No
building, land or structure may be occupied or used in any manner until a certificate
of zoning compliance has been issued by the Zoning Administrator stating that the
use of the building or land conforms to the requirements of this ordinance.
10.24 Certification. The applicant is required to submit certification by a registered
professional engineer, registered architect, or registered land surveyor that the
finished fill and building elevations were accomplished in compliance with the
provisions of this ordinance. Floodproofing measures must be certified by a
registered professional engineer or registered architect.
10.25 Record of First Floor Elevation. The Zoning Administrator must maintain a record of
the elevation of the lowest floor (including basement) of all new structures and
alterations or additions to existing structures in the floodplain. The Zoning
Administrator must also maintain a record of the elevation to which structures and
alterations or additions to structures are floodproofed.
115
10.26 Notifications for Watercourse Alterations. Before authorizing any alteration or
relocation of a river or stream, the Zoning Administrator must notify adjacent
communities. If the applicant has applied for a permit to work in public waters
pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate
notice. A copy of the notification must also be submitted to the Chicago Regional
Office of the Federal Emergency Management Agency (FEMA).
10.27 Notification to FEMA When Physical Changes Increase or Decrease Base Flood
Elevations. As soon as is practicable, but not later than six months after the date such
supporting information becomes available, the Zoning Administrator must notify the
Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant
technical or scientific data.
10.3 Variances:
10.31 Variance Applications. An application for a variance to the provisions of this
ordinance will be processed and reviewed in accordance with applicable state
statutes and Section 9.104 (G) of the Zoning Ordinance.
10.32 Adherence to State Floodplain Management Standards. A variance must not allow a
use that is not allowed in that district, permit a lower degree of flood protection than
the regulatory flood protection elevation for the particular area, or permit standards
lower than those required by state law.
10.33 Additional Variance Criteria. The following additional variance criteria of the Federal
Emergency Management Agency must be satisfied:
(a) Variances must not be issued by a community within any designated regulatory
floodway if any increase in flood levels during the base flood discharge would
result.
(b) Variances may only be issued by a community upon (i) a showing of good and
sufficient cause, (ii) a determination that failure to grant the variance would
result in exceptional hardship to the applicant, and (iii) a determination that the
granting of a variance will not result in increased flood heights, additional threats
to public safety, extraordinary public expense, create nuisances, cause fraud on
or victimization of the public, or conflict with existing local laws or ordinances.
(c) Variances may only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
10.34 Flood Insurance Notice. The Zoning Administrator must notify the applicant for a
variance that: 1) The issuance of a variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance up to amounts as
high as $25 for $100 of insurance coverage; and 2) Such construction below the base
or regional flood level increases risks to life and property. Such notification must be
maintained with a record of all variance actions.
10.35 General Considerations. The community may consider the following factors in
granting variances and imposing conditions on variances and conditional uses in
floodplains:
(a) The potential danger to life and property due to increased flood heights or
velocities caused by encroachments;
116
(b) The danger that materials maybe swept onto other lands or downstream to the
injury of others;
(c) The proposed water supply and sanitation systems, if any, and the ability of these
systems to minimize the potential for disease, contamination and unsanitary
conditions;
(d) The susceptibility of any proposed use and its contents to flood damage and the
effect of such damage on the individual owner;
(e) The importance of the services to be provided by the proposed use to the
community;
(f) The requirements of the facility for a waterfront location;
(g) The availability of viable alternative locations for the proposed use that are not
subject to flooding;
(h) The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future;
(i) The relationship of the proposed use to the Comprehensive Land Use Plan and
flood plain management program for the area;
(j) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(k) The expected heights, velocity, duration, rate of rise and sediment transport of
the flood waters expected at the site.
10.36 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
Zoning Administrator must submit hearing notices for proposed variances to the DNR
sufficiently in advance to provide at least ten days' notice of the hearing. The notice
may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
10.37 Submittal of Final Decisions to the DNR. A copy of all decisions granting variances
must be forwarded to the DNR within ten days of such action. The notice may be sent
by electronic mail or U.S. Mail to the respective DNR area hydrologist.
10.38 Record - Keeping. The Zoning Administrator must maintain a record of all variance
actions, including justification for their issuance, and must report such variances in an
annual or biennial report to the Administrator of the National Flood Insurance
Program, when requested by the Federal Emergency Management Agency.
10.4 Conditional Uses:
10.41 Administrative Review. An application for a conditional use permit under the
provisions of this ordinance will be processed and reviewed in accordance with
Section 9.104 (H) of the Zoning Ordinance.
10.42 Factors Used in Decision- Making. In passing upon conditional use applications, the
City Council must consider all relevant factors specified in other sections of this
ordinance, and those factors identified in Section 10.35 of this ordinance.
10.43 Conditions Attached to Conditional Use Permits. The City Council may attach such
conditions to the granting of conditional use permits as it deems necessary to fulfill
117
the purposes of this ordinance. Such conditions may include, but are not limited to,
the following:
(a) Modification of waste treatment and water supply facilities.
(b) Limitations on period of use, occupancy, and operation.
(c) Imposition of operational controls, sureties, and deed restrictions.
(d) Requirements for construction of channel modifications, compensatory storage,
dikes, levees, and other protective measures.
(e) Floodproofing measures, in accordance with the State Building Code and this
ordinance. The applicant must submit a plan or document certified by a
registered professional engineer or architect that the floodproofing measures are
consistent with the regulatory flood protection elevation and associated flood
factors for the particular area.
10.44 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
Zoning Administrator must submit hearing notices for proposed conditional uses to
the DNR sufficiently in advance to provide at least ten days' notice of the hearing.
The notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
10.45 Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional
uses must be forwarded to the DNR within ten days of such action. The notice may
be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
SECTION 11.0 NONCONFORMITIES
11.1 Continuance of Nonconformities: A use, structure, or occupancy of land which was lawful
before the passage or amendment of this ordinance but which is not in conformity with the
provisions of this ordinance may be continued subject to the following conditions. Historic
structures, as defined in Section 2.939(b) of this ordinance, are subject to the provisions of
Sections 11.11 -11.16 of this ordinance.
11.11 A nonconforming use, structure, or occupancy must not be expanded, changed,
enlarged, or altered in a way that increases its flood damage potential or degree of
obstruction to flood flows except as provided in 11.12 below. Expansion or
enlargement of uses, structures or occupancies within the Floodway District is
prohibited.
11.12 Any addition or structural alteration to a nonconforming structure or nonconforming
use that would result in increasing its flood damage potential must be protected to
the regulatory flood protection elevation in accordance with any of the elevation on
fill or floodproofing techniques (i.e., FP -1 thru FP -4 floodproofing classifications)
allowable in the State Building Code, except as further restricted in 11.13 and 11.17 .
below.
11.13 If the cost of all previous and proposed alterations and additions exceeds 50 percent
of the market value of any nonconforming structure, then the entire structure must
meet the standards of Section 4.0 or 5.0 of this ordinance for new structures
depending upon whether the structure is in the Floodway or Flood Fringe District,
respectively. The cost of all structural alterations and additions must include all costs
118
such as construction materials and a reasonable cost placed on all manpower or
labor.
11.14 If any nonconforming use, or any use of a nonconforming structure, is discontinued
for more than one year, any future use of the premises must conform to this
ordinance. The Assessor must notify the Zoning Administrator in writing of instances
of nonconformities that have been discontinued for a period of more than one year.
11.15 If any nonconformity is substantially damaged, as defined in Section 2.938 of this
ordinance, it may not be reconstructed except in conformity with the provisions of
this ordinance. The applicable provisions for establishing new uses or new structures
in Sections 4.0 or 5.0 will apply depending upon whether the use or structure is in the
Floodway or Flood Fringe, respectively.
11.16 If any nonconforming use or structure experiences a repetitive loss, as defined in
Section 2.935 of this ordinance, it must not be reconstructed except in conformity
with the provisions of this ordinance.
11.17 Any substantial improvement, as defined in Section 2.939 of this ordinance, to a
nonconforming structure requires that the existing structure and any additions must
meet the requirements of Section 4.0 or 5.0 of this ordinance for new structures,
depending upon whether the structure is in the Floodway or Flood Fringe District.
SECTION 12.0 PENALTIES AND ENFORCEMENT
12.1 Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or
failure to comply with any of its requirements (including violations of conditions and
safeguards established in connection with grants of variances or conditional uses)
constitute a misdemeanor and will be punishable as defined by law.
12.2 Other Lawful Action: Nothing in this ordinance restricts the City from taking such other
lawful action as is necessary to prevent or remedy any violation. If the responsible party
does not appropriately respond to the Zoning Administrator within the specified period of
time, each additional day that lapses will constitute an additional violation of this
ordinance and will be prosecuted accordingly.
12.3 Enforcement: In responding to a suspected ordinance violation, the Zoning Administrator
and City Council may utilize the full array of enforcement actions available to it including
but not limited to prosecution and fines, injunctions, after - the -fact permits, orders for
corrective measures or a request to the National Flood Insurance Program for denial of
flood insurance availability to the guilty party. The City must act in good faith to enforce
these official controls and to correct ordinance violations to the extent possible so as not to
jeopardize its eligibility in the National Flood Insurance Program.
12.31 When a violation is either discovered by or brought to the attention of the Zoning
Administrator, the Zoning Administrator shall immediately investigate the situation
and document the nature and extent of the violation of the official control. As soon as
it is reasonably possible, this information will be submitted to the appropriate State
Department of Natural Resources and Federal Emergency Management Agency
regional office along with the city's plan of action to correct the violation to the
degree possible.
MR
12.32 The Zoning Administrator shall notify the suspected party of the requirements of this
chapter and all other official controls and the nature and extent of the suspected
violation of these controls. If the structure and /or use is under construction or
development, the Zoning Administrator may order the construction or development
immediately halted until a proper permit or approval is granted by the city. If the
construction or development is already completed, the Zoning Administrator may
either: 1) issue an order identifying the corrective actions that must be made within a
specified time period to bring the use or structure into compliance with the official
controls; or 2) notify the responsible party to apply for an after the fact
permit /development approval within a specified period of time not to exceed 30
days.
SECTION 13.0 AMENDMENTS
13.1 Floodplain Designation — Restrictions on Removal: The floodplain designation on the
Official Zoning Map must not be removed from floodplain areas unless it can be shown that
the designation is in error or that the area has been filled to or above the elevation of the
regulatory flood protection elevation and is contiguous to lands outside the floodplain.
Special exceptions to this rule may be permitted by the Commissioner of the Department
of Natural Resources (DNR) if the Commissioner determines that, through other measures,
lands are adequately protected for the intended use.
13.2 Amendments Require DNR Approval: All amendments to this ordinance must be
submitted to and approved by the Commissioner of the Department of Natural Resources
(DNR) prior to adoption. The Commissioner must approve the amendment prior to
community approval.
13.3 Map Revisions Require Ordinance Amendments. The floodplain district regulations must
be amended to incorporate any revisions by the Federal Emergency Management Agency
to the floodplain maps adopted in Section 2.3 of this ordinance.
This ordinance shall be in full force and effect from and after 30 days after its passage
and approval and publication, as required by law and /or charter.
First Reading: November 9, 2015
Offered by:
Seconded by:
Roll Call:
Second Reading: November 23, 2015
Offered by:
Seconded by:
Roll Call:
Date of Passage:
Mayor Gary L. Peterson
120
Attest:
Nancy Becker
Council Secretary, Pro Tern
CERTIFICATION
State of Minnesota
County of Anoka
City of Columbia Heights
I, the duly appointed, qualified Council Secretary Pro Tern of Columbia Heights,
Minnesota, and the keeper of the records thereof, do hereby certify that the attached is
a true and correct copy of Ordinance No. 1623, being an Ordinance amending City Code
of 2005, Chapter 9, Article I, Section 9,113 (B), relating to the floodplain management
overlay district requirements within the City of Columbia Heights.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official City Seal of
Columbia Heights this 23rd, of November 2015.
Nancy Becker
Council Secretary, Pro Tern
City of Columbia Heights
IN