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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. 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(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