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HomeMy WebLinkAbout11-23-2015 Regular MeetingThe following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, November 23, 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.) 1. 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 Bob Lyndes, Crest View Senior Community 4. PLEDGE OF ALLEGIANCE 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 C•'1 the agenda preparation deadline.) 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 November 9, 2015 Pg. 5 MOTION: Move to approve the minutes of the work session of November 9, 2015 Pg. 15 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the Park & Recreation Commission Minutes from August 26, 2015 Pg. 17 City of Columbia Heights City Council Agenda November 23, 2015 Page 2 C. Approve Gambling Permit, First Lutheran Church, Bingo event, December 4, 2015 Pg. 20 MOTION: Move to waive the $25 permit fee for the First Lutheran Church one -time charitable gambling permit. MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for First Lutheran Church to conduct Bingo and a raffle at their event being held December 4, 2015 at 1555 40th Avenue NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. . D. Establish John P. Murzyn Hall rental rates for 2017 Pg 26 RECOMMENDED MOTION: Move to adopt the 2017 John P. Murzyn Hall rental rates, as outlined by the Park & Recreation Commission at their meeting on October 28, 2015. E. Adopt Resolution 2015 -94 accepting the Feasibility Report for Zone 7B Street Seal Coat Project and ordering the Public Improvement Hearing, City Project No. 1501 Pg. 28 MOTION: Move to waive the reading of Resolution 2015 -94, there being ample copies available to the public. MOTION: Move to adopt Resolution 2015 -94, being a resolution accepting the feasibility report for Zone 7B Street Seal Coat, City Project No. 1501, and ordering the Public Improvement Hearing beginning at 6:30 p.m. on February 1, 2016. F. Adopt Resolution 2015 -95 accepting the Feasibility Report for Stinson Boulevard Street Pg. 36 Rehabilitation from 37th to 40th Avenues and ordering the Public Improvement Hearing, City Project No. 1508 MOTION: Move to waive the reading of Resolution 2015 -95, there being ample copies available for the public. MOTION: Move to adopt Resolution 2015 -95, being a resolution accepting the Feasibility Report for Stinson Boulevard from 37th to north of 40th Avenues, City Project No. 1508, and ordering the Public Improvement Hearing beginning at 6:30 p.m. on March 7, 2016. G. A summary of Ordinance No. 1622 for publication, relating to an Emergency Interim Ordinance Pg. 47 imposing a moratorium on auto related uses throughout the City of Columbia Heights. MOTION: Move to waive the reading of the summary of Ordinance No. 1622, there being ample copies available to the public. MOTION: Move to approve the summary of Ordinance No. 1622 for publication, relating to an Emergency Interim Ordinance imposing a moratorium on auto related uses throughout the City of Columbia Heights. H. Approve Rental License Applications Pg. 50 MOTION: Move to approve the items listed for rental housing license applications for November 23, 2015, in that they have met the requirements of the Property Maintenance Code. F City of Columbia Heights City Council Agenda November 23, 2015 Page 3 I. Approve Business License Applications Pg. 58 MOTION: Move to approve the items as listed on the business license agenda for November 23, 2015. J. Payment of Bills Pg. 61 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 159013 through 159177 in the amount of $560,155.65. MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS A. Consideration of a Cable Television Franchise with Centurylink Pg. 69 MOTION: Move to continue the Public Hearing for Consideration of a Cable Television Franchise with Centurylink until December 14, 2015. B. Consideration of Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding the property at 4801 Jefferson Street NE for failure to meet the Pg. 70 requirements of the Residential Maintenance Code. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2015 -90, there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2015 -90, being a 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. C. Consideration of Revocation of the license to operate a rental unit within the City of Columbia Pg. 73 Heights is requested against the rental property at 4906 Tyler Street NE for failure to meet the Pg. 74 requirements of the Residential Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2015 -91, there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2015 -91, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed. D. Consideration of Revocation of the license to operate a rental unit within the City of Columbia Pg. 76 Heights is requested against the rental property at 5057 University Avenue NE for failure to meet the requirements of the Residential Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2015 -92, there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2015 -92, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed. 3 City of Columbia Heights City Council Agenda November 23, 2015 Page 4 E. Consideration of Revocation of the license to operate a rental unit within the City of Columbia Pg. 78 Heights is requested against the rental property at 3906 Tyler Street NE for failure to meet the requirements of the Residential Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2015 -93, there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2015 -93, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed. F. An Ordinance amending City Code of 2005 relating to the Floodplain Management Overlay District requirements within the City of Columbia Heights. Pg. 80 MOTION: Move to waive the reading of Ordinance No. 1623, there being ample copies available to the public. MOTION: Move 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. MOTION: Move to approve the summary of Ordinance No. 1623 for publication relating to the Floodplain Management Overlay District requirements within the City of Columbia Heights. 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. ADJOURNMENT Kelli Bourgeois, Acting City Manager Pg. 103 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 9, 2015 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY, NOVEMBER 9, 2015 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE NE, COLUMBIA HEIGHTS, MINNESOTA 1. CALL TO ORDER Mayor Peterson called the meeting to order at 7:05 p.m. A. Appoint Secretary Pro Tem Motion by Councilmember Nawrocki, seconded by Councilmember Williams to appoint Nancy Becker as Council Secretary Pro Tem. All Ayes, Motion Carried. 2. ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Schmitt, Williams, and Murzyn, Jr. Also present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Kevin Hansen, Public Works Director; Elizabeth Holmbeck, Planner; and Nancy Becker, Council Secretary Pro Tem. 3. INVOCATION Invocation provided by Bill Hugo, St. M 4. PLEDGE OF Recited 5. ADDITIONS /DELETIONS TO MEETING AGENDAI (The Council, upon majority vote of its members, m These may be items brought to the attention of the after the agenda preparation deadline.) 6. PROCLAMATIONS, PRESENTATI Church. ke additions and deletions to the agenda. >il under the Citizen Forum or items submitted 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. MOTION: Move to approve the minutes of the work session of November 2, 2015. B. Accept Board and Commission Minutes MOTION: Move to accept the Draft Planning& Zoning minutes of November 4, 2015. MOTION: Move to accept the Library Board minutes of October 7, 2015. C. Accept Bids and Award Contract for Sanitary Sewer Pipe Repair on Stinson Boulevard, South of 40`h Avenue *Removed for discussion D. Approve Final Compensating Change Order and Final Payment for Jackson Pond, Project 1308 *Removed for discussion E. Approve Final Compensating Change Order and Final Payment for LaBelle Park Improvements, Project 1306 *Removed for discussion F. Consideration of Assignment of Consulting Services Agreement for GIS Services and GIS Range Rider Contract Part A: Assignment of Consulting Services Agreement for GIS Services and GIS Range Rider Contract. 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 AGREEM MOTION: Move to approve a one -year extension tc $21,725; and, MOTION: Authorize the Mayor and City Manager t( G. Solar Power for City Buildings *Removed for H. Approve membership renewal for one yea MOTION: Move to approve membership renew; $16,212. I. Approve Business License Applications MOTION: Move to approve the items as listed o T FOR 2016 GIS CONTRACT ie GIS Joint Powers Agreement in the amount of nter into an agreement for the same. fission the League of Minnesota Cities for $16,212 )ne year with the League of Minnesota Cities for ness license agenda for November 9, 2015 J. 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 numbers 158831 through 159012 in the amount of $1,843,892.27. Councilmember Nawrocki requested that items C, D, E, and G be removed from the Consent Agenda for discussion. Motion by Councilmember Nowrocki, seconded by Councilmember Williams to approve Consent Agenda Items A, 8, F, H, 1, and J. All Ayes, Motion Carried. Councilmember Nawrocki requested that the following items be removed from the Consent Agenda for discussion: C. Accept Bids and Award Contract for Sanitary Sewer Pipe Repair on Stinson Boulevard, South of 40th Avenue Councilmember Nawrocki stated he would like an explanation of the work to be done under this contract and how it will affect the use of the roadway during construction. Kevin Hansen, Public Works Director, explained that a 30' section of the sanitary sewer pipe on the west side of Stinson Boulevard between 37th and 40th Avenues is damaged or missing. Two bids were received to replace this pipe, with the low bid coming from St. Paul Utilities and Excavating in the amount of $20,000. This work will require closing Stinson Boulevard between 39th and 401h Avenues for approximately 8 hours, but the work will be done at night. Councilmember Nawrocki questioned why only two bids were received. Hansen stated that we requested bids from four contractors, but only two responded. Due to the size of the project, he does not believe that open bidding would have resulted in more contractors submitting bids. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr, 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. All Ayes, Motion Carried. D. Approve Final Compensating Change Order and Final Payment for Jackson Pond, Project 1308 Councilmember Nawrocki stated he would like an explanation of the work done at Jackson Pond and how it was funded. Kevin Hansen stated that the retaining wall was replaced, the pond bottom was lowered, a pumping station was put in, and a filter was installed. The total cost of the improvements was $1,060,000. A grant of $800,000 was received through the Mississippi Watershed Management Organization and the remainder will come from the Storm Water Utility Fund. Motion by Councilmember Nawrocki, seconded by C compensating change order and accept the work fo authorize final payment of $113,567.04 to Peterson Motion Carried. E. Approve Final Compensating Change Orde Project 1306 Councilmember Nawrocki stated he would like Hansen explained Odessa II provided a series o' shoreline restoration, installation of infiltration improvements. At a total cost of $410,000 the 1 ncilmember Williams to approve the final ie Jackson Pond, City Project No. 1308, and to mpanies, Inc. of Chisago City, Minnesota. All Ayes, nal Payment for LaBelle Park Improvements, anation_of the work done at LaBelle Park. Kevin ✓ements including removal of the boardwalk, construction of a new shelter, plantings, and trail me in at $6,000 under the contracted amount. Motion by Councilmember Nawrocki, seconded by Councilmember Williams 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 $69,922.95 to Odessa iI, LLC of Sauk Rapids, Minnesota. All Ayes, Motion Carried. G. Solar Power for City Buildings Councilmember Nawrocki stated he would like an explanation of how this agreement would benefit the City. Kevin Hansen reported that Public Works has been researching methods of reducing energy consumption and lowering energy costs in our public buildings. An engineering study was conducted to evaluate the feasibility of putting solar panels on four City buildings. Hansen gave an overview of the Power Purchase Agreement (PPA) terms and stated that the City could save $1 million in electricity costs for these four buildings over the course of 25 years. Federal tax credits make these agreements attractive to investors, but they will no longer be available after 2016. In addition, during the term of the agreement, the City is guaranteed a minimum amount of savings. Motion by Councilmember Williams, seconded by Councilmember Schmitt 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 a 15 year PPA at the Public Safety Building, the Municipal Service Center, and the new Library. All Ayes, Motion Carried. 8. PUBLIC HEARINGS i A. Resolution approving Variances for a proposed garage to be located at 4224 2nd Street NE Planner Elizabeth Holmbeck reported that the applicant is requesting variances for a proposed accessory structure (garage) allowing a waiver to Section 9.106, permitting the structure to be located to the side of the principal structure, allowing the combination of accessory structures to exceed the maximum allowed square footage, and allowing the accessory structure to exceed the maximum allowed height. The Planning and Zoning Commission held a public hearing on November 4, 2015, and voted to approve the variances for the property. Mayor Peterson asked if neighbors found the plans acceptable. Holmbeck stated that notices were sent to neighbors and it was published in the newspaper, but she has not had any neighbors contact her expressing concerns. Dave Meyer, 4218 2nd Street NE, stated that he has no problems with the plans for the garage. He stated the homeowner has kept his neighbors informed of his plans and he feels the new garage will be an improvement. Dave Olsen, 4229 Main Street NE, stated he has no Motion by Councilmember Murzyn, Jr., seconded by and waive the reading of Resolution 2015 -89, there Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Coin 2015 -89, approving Variances for the property located a B. An Interim Ordinance imposing a moratorium, Columbia Heights Planner Elizabeth Holmbeck explained that the Plar pursue a moratorium on all auto related uses along the high number of auto related businesses within 1 commercial businesses flourish in the City. As the C Session to entertain the proposal, staff is pursuing t the City of Columbia Heights. If the Interim Ordinan months, during which staff will complete a study as the Zoning Ordinance as it oertains to auto related eighbor constructing this garage. 11member Williams to close the public hearing ample copies available to the public. All Ayes, ms to approve Resolution NE. All Ayes, Motion Carried. n auto related businesses within the City of ning and Zoning Commission requested that staff the Central Avenue corridor, due to concerns about he City and the desire to see other types of ty Council decided at their September 8, 2015 Work he moratorium on all auto related uses throughout ce is approved, the moratorium would last for six ;essing the need for an amendment or an addition to However, Holmbeck went on to report that recently staff was approached by a developer interested in constructing a pedestrian- oriented retail building located at 47th and Central. This developer believes that due to the distance from this site to the freeway, the only way it would be economically feasible for them to pursue this development would be to include a Jiffy Lube on the north side of the site. Although many seem to be in favor of the moratorium, this proposal looks interesting because of the retail space, which several restaurants and other desirable businesses have expressed interest in. City Attorney, Jim Hoeft, explained what options are available for proceeding. The Council could do nothing tonight. They could approve an emergency moratorium which could be done in one vote and would become effective immediately. The moratorium could cover the entire city or certain zoning classifications. The length of the moratorium would also need to be decided, and six months is recommended. Another option is the regular procedure of having one reading of the ordinance at tonight's meeting, and scheduling another reading at a later date at which time the moratorium would become effective. Councilmember Murzyn, Jr. stated he thinks much of the concern over auto related businesses stems from these businesses locating too close to residences and sharing alleys with them. 8 Attorney Hoeft reminded the Council that a decision on this particular development is not going to be made at tonight's meeting. He said the decision tonight is whether this type of development should be restricted at this point in time. Even if the moratorium is approved, the Council could adjust it or remove it at any time. Holmbeck suggested moving forward with the moratorium but applying it to the Central Business District only. Councilmember Schmitt said she thinks it is fine to have auto related businesses in some areas of the City, but does not want to see them near the Library in the downtown district. Councilmember Nawrocki moved to approve Ordinance 1622 as an emergency ordinance imposing a six - month City -wide moratorium for auto related businesses. Motion failed for a lack of a second. Planning and Zoning Commissioner, Connie Buesgens, 102144" Avenue NE, explained that when the moratorium was requested their main concern was with the property across from the new library site, but there are other lots of similar size along the Central Avenue corridor, south of 47th Avenue, and these properties have similar issues. She stated that she is not opposed to auto related businesses, but the zoning rules as they are now would allow for businesses to put whatever they want on narrow lots and would not require them to face Central Avenue, A moratorium would allow fora study of possible changes to the zoning ordinances that would give the City more control over the appearance of new buildings. Councilmember Schmitt said she didn' moratorium. his to be considered an emergency Motion by Councilmember Nawrocki, seconded by Councilmember Williams to approve Ordinance No. 1622 as an emergency ordinance imposing a moratorium on auto related businesses within the City of Columbia Heights, 4 Ayes,1 Nay, Motion Carried. Ayes: Mayor Peterson, Councilmembers Williams, Murzyn, Jr., Nawrocki Nay: Councilmember Schmitt C. An Ordinance amending City Code of 2005 relating to the Floodplain Management Overlay District requirements within the City of Columbia Heights Planner Elizabeth Holmbeck explained that the Federal Emergency Management Agency (FEMA) and the Minnesota Department of Natural Resources ( MNDNR) are directing Columbia Heights, along with other cities throughout Anoka County, to update floodplain ordinances to incorporate new Flood Insurance Rate Maps. The maps become effective December 16, 2015. Ordinance No. 1623 includes the required updates. Councilmember Nawrocki asked what the changes are. Holmbeck said that the changes for Columbia Heights are very minor and if property lies within a floodplain, FEMA will contact the owner to make sure that they have purchased flood insurance. Councilmember Nawrocki asked if this changes the limits of the floodplains. Holmbeck stated it would not, this is just a change in the language. City Manager Fehst added that if we do not approve the ordinance, a property owner in a floodplain who wished to purchase flood insurance would not be able to, because the City would be suspended from the National Flood Insurance Program. Councilmember Williams asked if Columbia Heights is in a floodplain. Certain parts of the City are in a floodplain. City Manager Fehst asked if any acreage has been added to the floodplain maps. Holmbeck said she did not believe that was the case but would confirm it with the MNDNR or the area hyrologist. She requested any other questions be directed to her and she will contact our Minnesota DNR Representative or our area hydrologist to get the answers to those questions. Motion by Councilmember Nawrocki, seconded by Councilmember Murzyn, Jr. to close the public hearing and waive the reading of Ordinance No. 1623, there being ample copies available to the public. All Ayes, Motion Carried. Action to schedule a second reading of Ordinance No. 1623 for November 23, 2015. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION 10. ADMINISTRATIVE REPORTS Report of the City Manager City Manager Fehst reported that at the last Council Meeti conduit bonds for Dominium which were going to sell in 2( the date to be done by the end of this year for administrat Council in January for the second reading of the Ordinance e'Council voted on approving the nce then they requested moving up isons. They will come back to the Councilmember Nawrocki commented that the new library plans to display, plaques to acknowledge certain donations, but the greatest contributors to the new building are the taxpayers of Columbia Heights and that should be acknowledged as well. Councilmember Nawrocki questioned how accessible the new library will be, as he had read there would be a locked gate. Public Works Director Hansen stated that the library employees will use proximity cards to access locked areas of the building, but the building will be open to the public during regular hours, just as the existing library is. Councilmember Nawrocki reported that during the work sessions to review budgets, he asked department heads what they would do to reduce the property tax levy down to the same levy as last year, excluding the library. To date, he has not heard back from any of the department heads with their suRRestions. Report of the City Attorney Mr. Hoeft had nothing to report. 11. CITIZENS FORUM At this time, citizens have an opp agenda. Citizens are requested tc speak shall state his/her name ar rtunity to discuss with the Council items not on the regular limit their comments to five minutes. Anyone who would like to I address for the record. Grant Nichols, 576 Lomianki Lane, asked if a comment he saw on Facebook was actually made by Mayor Peterson. Mayor Peterson acknowledged that he made the comment following a School Board Meeting. Nichols said he would have been open to meeting with Mayor Peterson in person. Frost Simula, 1700 491h Avenue, commented that he previously has reported to the Council on the problem of predatory remodeling in Columbia Heights and has presented several options for combatting real estate fraud at the City level. The Council ordered the investigation of similar options in use in neighboring cities, but due to staffing deficiencies has not been able to follow through with the investigation. Mr. Simula asked what he could do to prevent new home buyers from becoming victims of predatory remodeling as he has. City Manager Fehst suggested that if IN there is something that Mr. Simula could use the City's help with, such as appealing for action from the legislature, the matter could be brought before the Council at a work session. Mayor Peterson suggested a televised Public Service Announcement to inform residents that this has occurred in our City and educating them on how to avoid becoming a victim. There was much discussion about the general lack of options available once it is discovered the fraud has occurred, and the great expense of pursuing relief through the courts, on top of the expense of correcting the unpermitted work. Attorney Hoeft explained it is usually an issue of being unable to prove who did the work. Councilmember Schmitt commented that Community Development Director Hogeboom is committed to continuing the investigation once his department is fully staffed and she expects that a report will be presented to the Council in the coming weeks. Mayor Peterson announced that the "Taste of Columbia Heights" event will be taking place on Friday, November 20, 2015 with many restaurants taking part and live music. Mayor Peterson reported on the kickoff for the City of Peace Park and the Police and Community Education Building on Circle Terrace and commented this will be a great asset to the City and will keep the movement of peace on the forefront. Mayor Peterson announced that the Columbia He Herald received a state -wide award. Mayor Peterson reminded residents to remember firefighters. Give them a handshake and thank the seriously, try to enjoy life, and do a random act of 12. ADJOURNMENT Meeting adjourned at 8:59 p.m. Respectfully Submitted Nancy Becker, Council! Pro igh School student newspaper The Heights our servicemen and women, our police, and m for their service. Let's not take ourselves too 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. Is 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 Commissi City Zoning Code on November 4t", 2015; WHEREAS, the City Council has considered tr and Zoning Commission regarding the effect o and welfare of the community and its Compri traffic, property values, light, air, danger of fi area; has held a public hearing as required by the e advice and recommendations of the Planning f the proposed variance upon the health, safety, >hensive Plan, as well as any concern related to re, and risk to public safety, in the surrounding 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. 12 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. S. 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. BEING AN EMERGENCY 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 recor to impose a moratorium on all new auto related use: WHEREAS, auto related uses would be defined as a the lease of autos, major and minor auto repair, aut auto body work and any auto reduction yard; and WHER number of auto rela it maintains that the s throughout the City; e Planning and Zoning Commission tion: and of land relating to new and used auto sales, iling and cleaning, fueling and service stations, umbia Heights is adequately served by a 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. 13 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. 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. 14 Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: November 9, 2015 Time of Meeting: 6:15 PM Location of Meeting: Conference Room #1 Purpose of Meeting: WORKSESSION CALL TO ORDER /ROLL CALL The meeting was called to order at 6:18 PM Present: Mayor Peterson, Councilmembers Murzyn Jr., Williams, Nawrocki, and Schmitt. Also Present: City Manager Walt Fehst, Public Works Director Kevin Hansen, Council Secretary Pro Tern, Nancy Becker. 1. Review of the Stinson Blvd. reconstruction and utilities- -ioint nroiect with the Citv of Public Works Director, Kevin Hansen explained that he will be giving an update of where we are on the Stinson Boulevard project as we prepare the feasibility report. He will address questions to help determine the direction we want to go. The area we are looking at is Stinson Blvd, from Silver Lane at the north end, down to 37th Ave. at the south end. He reported on the number and types of affected parcels in the project area and gave an overview of how water flows through the water main and sanitary sewer in the area. A large 30' break in the sanitary sewer' needs to be replaced before we can line the sanitary sewer. Councilmember Schmitt asked what side of the street the break was in. It is on the west side, which is the Columbia Heights side, of Stinson Blvd.' Councilmember Nawrocki asked if the broken sanitary sewer section serves only Columbia Heights.. Yes, was Hansen's response, because St. Anthony has their own sanitary sewer and water main. A small amount of our storm sewer serves St. Anthony, but we have an existing agreement with them for that. St. Anthony is replacing their water main and sanitary sewer, In addition to lining the sanitary sewer, we would want to do some manhole work and replace the 8 inch deteriorated forcemain in the project area. Hansen gave a description of drainage in the area. The plan is to reconstruct the street, take care of the water main and storm sewer, and possibly integrate an 8' wide trail on our side of Stinson that would then extend along 37th Avenue. Councilmember Schmitt asked what the difference is between a trail and a sidewalk. Hansen responded that a sidewalk is usually 5 — 6' wide, is constructed of concrete, and intended for pedestrians only, whereas this trail will be a 10' wide bituminous pathway and is intended for both pedestrians and bicycles. Councilmember Schmitt asked how the trail would be maintained over the winter. Hansen replied that typically the City would not plow it, but it may be necessary in this instance due to the width and because there is no boulevard between the trail and the street, leaving no room for the street snow. Councilmember Schmitt asked for clarification on where the trail would begin and end and asked why we would have a trail when there is a sidewalk on the other side. Hansen responded that the sidewalk is on St. Anthony's side of Stinson and they will pay for that. She asked if we have a grant for the trail. He responded no, that State Aid would pay for it. Also being considered is the reconfiguring of 37th Place NE for safety reasons. The angle where 37th Place NE intersects with 37th Avenue NE causes visibility problems for drivers and there is a history of accidents occurring in that area. Hansen described various alternatives for the reconfiguration. By making these changes we can correct the poor intersection design and it will give us some additional land for storm water ponding. Hansen addressed questions of access for area businesses if 37th Place terminates at McKinley or ends in a cul -de -sac a little further up. Councilmember Nawrocki also 15 mentioned that 37th Place is used as a bypass by many drivers to avoid being stopped at the railroad tracks. Hansen acknowledged that about 70% of the traffic on 37th Place NE is due to drivers using it as a train bypass. This is something we would want to get out for public discussion because so many drivers use the street in this manner. The railroad crossing also needs to be redone, but that will be on the railroad's timeline, probably in 2016 or 2017. Mayor Peterson expressed concern about the number of cars that will be held up for trains. Hansen stated that train traffic has increased, but from a design and safety concern the current intersection is a problem. City Manager Fehst asked if the underlying right -of -way for the street adjacent to the Unique Thrift Store would go to the shopping center. Hansen responded that we would not release the easement and would use that space for green space or for storm water infiltration. Councilmember Nawrocki asked how this would affect the bus stop. Hansen described how we would create a 8' curb cut jut -in for the buses to pull into. The bus route would need to change very slightly. Mayor Peterson asked if the road would need to be closed during construction. Hansen stated that it would be closed for about four months. Councilmember Nawrocki asked about access for the apartment building residents. Hansen explained that we would have to accommodate them whether we stage it or build them an alternate access point. He gave descriptions of the possibilities for this: Councilmember Nawrocki asked what the costs are and what sources of funds will be utilized for this work. Hansen responded that he will be coming to the Council with a full feasibility report. Most of the cost is coming from the City Utility Fund and from State Aid. The fronting properties would be assessed, but because we have a State Aid Policy and the traffic here is over 8,000, most of it will be paid by State Aid. Stinson Blvd. is being narrowed by 5' from 42' to 37' wide. There is not enough space for four lanes and 37' is wide enough for two lanes with center turn lane. Traffic signals at 39th Ave. will also be replaced and will have visual and audible, countdowns,, which is something the public asked for. Hansen asked if there is interest in moving forward on seeking public comment on this project; whether to reconfigure 37th Place NE or just leave it as it currently is; whether to add a trail or not. The Council agreed that they wanted to keep „37th Place NE open and keep the trail. Councilmember Nawrocki asked when the work would be scheduled to begin. Hansen replied that the work would start in Mav of 2016 and conclude in October. Meeting Adjourned at 6: Respectfully Submitted, Nancy Becker /Council Secretary Pro Tern 16 COLUMBIA HEIGHTS- Park & Recreation Commission Minutes of the Meeting Keyes Room, John P. Murzyn Hall August 26, 2015 David Payne called the meeting to order at 5:27 p.m. Roll Call Members present: Ann Carder, Sean Clerkin, Tom Greenhalgh, Kevin McDonald, David Payne, Marsha Stroik Staff present: Kevin Hansen, Public Works Director; Gary Peterson, Mayor; Keith Windschitl, Recreation Director; Deanna Saefke, Secretary Approval Consent Agenda Motion by Clerkin, second by Stroik, to approve the consent agenda. Upon vote: All ayes. Motion Carried. Letters and Requests A. Request for a reduced rental rate of Murzyn Hall by the CH Lions Club to host a wrestling event on Saturday, November 21, 2015. Clerkin discussed the previous wrestling events held by the CH Lions Club. He indicated the most recent event in March was well attended. Windschitl discussed the event request with the City Manager and he would like to see this type of event be held during non -peak rental times of the year in the future. For this year Windschitl agrees with the requested date and suggests using a Friday or Sunday in the future. Payne asked how many events the club is looking to hold each year. Clerkin replied one or two times per year but maybe just one time would be better for the hall. Motion by Greenhalgh, second by Stroik, to approve the request for a reduced rental rate of Murzyn Hall on Saturday, November 21, 2015 to host a wrestling event with the CH Lions Club. Upon vote: All ayes. Motion Carried. B. Request for a reduced rental rate for the Columbia Heights High School 2016 Senior All Night Party on Friday, June 3, 2016. Windschitl passed out a letter of request and discussed the history of this particular event; including what time frame they have used the building in the past. Stroik asked if a wedding would normally rent this day. Saefke replied that most Fridays in June do book for events. Commission Members discussed this long standing tradition and would like to see the hall used for this type of community event. Motion by Clerkin, second by McDonald, to approve the request for the reduced rental rate of twenty dollars per hour plus tax for the CHHS 2016 Senior All Night Party. Upon vote: All ayes. Motion Carried. IVA City of Columbia Heights August 26, 2015 Park & Recreation Commission Minutes of the Meeting Page 2 Old Business A. Park tour of LaBelle Park and Huset West Splash Pad. Hansen began the tour at the Huset West splash pad. Greenhalgh asked when the equipment would be operational. Hansen replied approximately three weeks. Staff has been waiting since June for Xcel Energy to install the pole for the power line. Handouts were given on the style of equipment from Vortex, the layout of the equipment, shade structure options by Stantec, and options for park benches from Belson Outdoors. Hansen explained the equipment will be installed next week, there are twenty line feeds, pipes are underground, and equipment operates off of the city water pressure. The same contractor is working at the LaBelle Park site. All of the concrete work is done, City staff will pave the walkway, and the contractor will landscape after the walkway is complete. Hansen indicated where the shade structures will be installed and is asking for feedback on the color options from the Commission. Windschitl asked if the shades will be removed during winter. Hansen replied yes. Commission members decided on using yellow, blue, and green shades to match the primary colors of the splash pad equipment. Hansen then asked for opinions on the color for the steel park benches. The Commission suggested a black frame with the Mystic blue color seat. Greenhalgh asked if the water features are interchangeable. Hansen replied yes. The park tour continued to LaBelle Park at 41St Avenue. Hansen explained the installation of the shelter had been delayed. When the pergolas are added to the side of the shelter it will be a 20 by 20 foot area. It is an all steel shelter, the only wood is under the decking of the shelter, and there is concrete around the pillars. Stroik asked what the life span of the structure is. Hansen replied 30 -40 years. There will be six picnic tables; one under each pergola and four under the shelter. Two additional street lights will be added to the area. The group then moved to the circle overlook area. Hansen indicated the temporary fencing will be up until next spring in hopes of keeping the geese out of the newly planted area. One additional fountain will be added to the pond just out from the area of the shelter. Work will continue in the area adding more solid plantings, installing two more benches, and the contractor will correct the concrete where it has cracked. The Commission Members were very happy to see the old wood structures gone from the area and that it is a safer, more stable option for viewing the pond and wildlife. Members walked to the playground area to see the final equipment that had been installed at that area of LaBelle Park. Hansen indicated the drainage pond near the playground is not working properly. Water should not be standing in the area after 72 hours. The concrete slab near the playground area is meant to be a seating area. Stroik suggested having game tables with old fashioned games for the public to play at. Hansen stated a shade structure could be added with two posts. Payne suggested installing a bike rack. Hansen added that the residents of the condos would like to see more trees for screening but there have been many comments from the public on the park updates. Clerkin asked how often the wood chips in the playground are replaced. Hansen replied every three years with a requirement of maintaining 12 inches or material. New Business None at this time. Reports A. Recreation Director Windschitl reported the City is undergoing a rebranding process of the city logo. He indicated Saefke is on the rebranding committee along with a representative from each department to help insure that all documents and communications to the public are updated with the new requirements. Windschitl In City of Columbia Heights August 26, 2015 Park & Recreation Commission Minutes of the Meeting Page 3 stated the youth sports of football and soccer have a good number of participants but it has been a struggle to get volunteer coaches. Flyers and notices have gone out to numerous places. There is also a need for gym supervisors at the Hylander Center. Hours would be in the evenings Monday through Thursday, after school for the High School and Columbia Academy students, and during the day on the weekends. B. Public Works Director /City Engineer Hansen reported seasonal staff has left for the year except for one remaining worker which leaves the parks department very busy. He invited the Commission to the ground breaking ceremony for the new library on September 14. Hansen stated Reservoir Boulevard will have mill overlay work done in the next week. 41St and 44th Avenues will have road work around Labor Day. C. Commission Members Stroik indicated discussions with citizens whom would like see a tap room here in the city. She asked if there were any updates on the old Rainbow property. Hansen replied no. Carder asked what was happening to the property across from Sarna's on 40th Avenue and Central Avenue. Hansen replied it is a proposed deli. The owner does the work on his own so the progress is slow but the work has been done well so far. Greenhalgh reported missing boards and exposed metal at Keyes Park. Hansen reported the missing boards around the skating rink will be fixed next year. He indicated Keyes Park would be up for consideration as the next project to create a master plan for. Peterson informed the commission that the annual Taste of Columbia Heights /Mayor's Holiday Kickoff event will be on November 20, 2015. Details are coming together for the event, area restaurants are being contacted to be a part of the event, volunteers are welcome, and he would like to see the commission members attend as well. Peterson requested the fee to be waived for this annual fundraising community event. Motion by Greenhalgh, second by Clerkin, to waive the fee for the annual Taste of Columbia Heights /Mayor's Holiday Kickoff on November 20, 2015. Upon vote: All ayes. Motion Carried. Payne adjourned the meeting at 6:40 p.m. Deanna Saefke, Recreation Clerk Typist II 19 CH - COLUMBIA (b -HEIGHTS-, AGENDA SECTION CONSENT ITEM NO. 7C MEETING DATE NOVEMBER 23, 2015 First Lutheran Church, 1555 40th Avenue NE, has submitted a request for a gambling permit for a bingo event to be held on December 4, 2015. Julie Johnson, Business Administrator of First Lutheran Church is also requesting that the $25 permit fee be waived because this is a fundraiser for a youth mission trip. WNMU• j* , Since the organization satisfies the City Council resolution regarding one-time charitable gambling, the following actions are recommended, MOTION: Move to waive the $25 permit fee for the First Lutheran Church one-time charitable gambling permit. MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for First Lutheran Church to conduct bingo and a raffle at their event being held December 4, 2015 at 1555 40th Avenue NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. ATTACHMENTS: LG240B MN Lawful Gambling application Letter from First Lutheran Church RE MINNESOTA LAWFUL GAMBLING LG240B .Application t0 Conduct Excluded Bingo NO Fee 6 F'I 21 ORGANIZATION INFORMATION Organization �-~ ``rr �"' Name: Fs 2 � Ltj he ,tea_ � 1. k Lk_ V(� Previous Gambling Permit Number: Minnesota Tax ID ,� rr Federal Employer ID Number, if an J y z c� Number (FEIN), if any: 'y V Mailing Address': � �S� � � l�1 U e v) Uc- t V j0 City: L.1,,4U M l / a �'l t C% 1 S State: ! t I Zi p: J'SJ t�2 y: • Count � /1 Le tJ/ / Name of Chief Executive Officer (CEO): _SJit _ a 1} Yl .Sc ri ii J Daytime Phone: 16 3-- — cl &,53 Email: , !c- V l t3 /l (} S CO rYi NONPROFIT STATUS Type of Nonprofit Organization (check one): Fraternal L Religious El Veterans Q Other Nonprofit Organization Attach a copy of at least one of the following showing proof of nonprofit status. (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) Current Certificate of Good Standing Don't have a copy? This certificate must be obtained each year from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651- 296 -2803, or toll free 1- 877 -551 -6767 Internal Revenue Service-IRS income tax exemption 501(c) letter in your organization's name Don't have a copy? Obtain a copy of your federal income tax exempt letter by having an organization officer contact the IRS at 877- 829 -5500. Internal Revenue Service - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1, IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. EXCLUDED BINGO ACTIVITY Has your organization held a bingo event in the current calendar year? F—] Yes L/­,�j No If yes, list the dates when bingo was conducted: The proposed bingo event will be: one of four or fewer bingo events held this year. Dates: E 2- Lf ^ 5 O'{ iNe r clttfe S 1-6 D -OR- F-1 conducted on up to 12 consecutive days in connection with a: county fair Dates: Mcivic celebration Dates: E] Minnesota State Fair Dates: ti 'erson in charge of bingo event: _ a( k E 1 5 C h u-, ri (C 2- Daytime Phone: U-03-2 g � —c/.65 to Vame of premises where bingo will be conducted: E; v- s f i. LL 1-1 -e V-Ct -n Cat GC rC %"} >remises street address: ) ;ity: L /y In 6 r a Pe;r} /I7 If township, township name: County: / j� 11'1 21 6/15 Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises JOn located within city limits located in a township On behalf of the city, I approve this application for excluded behalf of the county, I approve this application for excluded bingo activity at the premises located within the city's bingo activity at the premises located within the county's jurisdiction. jurisdiction. Print City Name: Print County Name: Signature of City Personnel: Signature of County Personnel: Title: Date: Title:___ , Date: TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is A township fhasxno statutory authority to the township limits. ( p ry ty approve or deny an The city or county must sign before submitting application to the application, per Minnesota Statutes, Section 349.213.) Gambling Control Board. Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. Chief Executive Officer's Signature:. Date: ( ature must be C s signature; designee may not sign) ( J �� 1'1 SGT Yt Print Name: t E y C3 h MAIL OR FAX APPLICATION & ATTACHMENTS Mail or fax application and a copy of your proof of nonprofit Bingo hard cards and bingo number selection devices may status to: be borrowed from another organization authorized to conduct Gambling Control Board bingo. Otherwise, bingo hard cards, bingo paper, and bingo 1711 West County Road B, Suite 300 South number selection devices must be obtained from a distributor Roseville, MN 55113 licensed by the Minnesota Gambling Control Board, To find Fax: 651- 639 -4032 a licensed distributor, go to www.mn.gov /gcb and click An excluded bingo permit will be mailed to your organization. on Distributors under the LIST Of LICENSEES, or call 551 - 539 -1900. Your organization must keep its bingo records for 3 -1/2 years. Questions? This form will be made available in alternative format Call a Licensing Specialist at 651 -539 -1900. (i.e. large print, braille) upon request. Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to deter- mine your organization's qualifications to be In- volved in lawful gambling activities in Minnesota. Your organization has the right to refuse to sup- ply the information; however, if your organiza- tion refuses to supply this information, the Board may not be able to determine your organiza- tion's qualifications and, as a consequence, may refuse to issue a permit. If your organization supplies the information requested, the Board will be able to process the application. Your organization's name and address will be public information when received by the Board. All other Information provided will be private data about your organization until the Board issues the permit. When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, all infor- mation provided remains private, with the ex- ception of your organization's name and address which will remain public. Private data about your organization are available to Board members, Board staff whose work requires access to the information; Minnesota's Depart- ment of Public Safety; Attorney General; Com- missioners of Administration, Minnesota Manage- ment & Budget, and Revenue; Legislative Audi- tor, national and international gambling regula- tory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. 22 ����u� �m^��� ���/-����v/"w,^^/a*°ww,nm,ice P.O, Box 2508 Cincinnati OH 4520I FIRST LUTHERAN CHURCH 1555 40TH AVE WE COLUMBIA HTS MW 55421-3103 In reply refer to: 0248I62385 May 23/ 2811 LTR 4158C EU 41-0780895 000000 00 00017378 8DDC: TE Employer Identification Number: 4I-0780895 Person to Contact: Robert C Voss Toll Free Telephone Number: 1-877-829-5500 Dear Taxpayer: This is in response to your May 12" 2011, request for information about your Employer Identification Number (EIN). Our records indicate that you have been assigned EIN 41-0780895. Please keep this number in your permanent records. Your name and EIN, as shown above, should be entered on all Federal income tax forms, as well as all correspondence or documents submitted to the IRS. Other government agencies may also require you to provide your EIN on forms you submit to them. Churches, their integrated auxiliaries, and conventions or associations of churches that meet the qualifications for exemption are automatically considered tax exempt under section 501(c)(3) of the Code without applying for formal recognition of such status. No determination letters are issued to these organizations. Refer to Publication 1828, Tax Guide for Churches and Religious Organizations, Publication 557, Tax Exempt Status for Your Organizatiun' and our we6site, www.irm,gov/ao for the organizational and operational requirements if you feel you meet these requirements. If you have any questions' please call us at the telephone number shown in the heading of this letter. � - Sincerely yours, G. A. Martin/ Operations Manager Accounts Management Operations 23 irst Lutheran Church COIUMbla HeIghtS, MN 1555 40th Avenue N.E., Columbia Heights, MN 55421 763.798.9653 WWW..flcch.org November 13, 2015 To: City Council City of Columbia Heights From: Julie Johnson, Business Administrator Re: Application to Conduct Excluded Bingo at First Lutheran Church Enclosed is our check in the amount of $25.00 to accompany the Form LG240B, Application. First Lutheran is submitting application for approval to have a Bingo night on Friday, December 4, 2015 as a fundraiser for our Youth to go on a Mission Trip to Jamaica next summer. We respectfully request this fee be waived because proceeds from the Bingo night will go toward the church's mission trip. Thank you for your consideration of our request. auk--e- ��� 24 1, Suzy Vescio, do hereby certify that at a meeting of the Council of First Lutheran Church of Columbia Heights, Minnesota a corporation organized under the laws of Minnesota, held on the 24th day of January 2015 at which said meeting a quorum was present and voting throughout, the following resolution, upon motion made, seconded and carried was duly adopted and is now in full force and effect: RESOLVED, that the President, Vice-President, Treasurer, Julie Johnson, Business Administrator _; or any one of such otu%;ers be and they are fully authorized and empowered to purchase, invest in, acquire, sell, assign, transfer or otherwise dispose of any and all types and kinds of securities including but not limited to stocks, bonds, debentures, notes, rights, options, warrants, certificates of and every kind and nature whatsoever; and to enter into agreements, contracts and arrangements with respect to such security transactions whether or with securities related individuals or agents; to execute, sign or endorse on behalf of and in the agreements and to affix the corporate seal on same. I further certify that the authority thereby conferred is not inconsistent with the Charter or By-Laws of this Corporation, and that the following is a true and correct list of officers of this Corporation as of the present date: Officers: Suzy Vescio, President David Maurer, Vice President John Peterson, Treasurer Cheryl Ballingrud, Secretary In witness whereof I have set my hand this day, January 24, 2015. 25 AGENDA SECTION CONSENT ITEM NO. 7D MEETING DATE 11/23/15 ITEM: Establish John P. Murzyn Hall rental rates for 2017 DEPARTMENT: Recreation CITY MANAGER'S APPROVAL�;r BY /DATE: Keith Windschit) 11/17/15 BY /DATE: BACKGROUND: The Columbia Heights Park and Recreation Commission unanimously approved the 2017 Murzyn Hall rental rates at their meeting on October 28, 2015. Staff has recommended rental rates for 2017 increase 6% for Saturday rentals that use the main hall. Other rentals and rates remain the same as they are for 2016. The 25% resident discount is still available for residents of the City of Columbia Heights. STAFF RECOMMENDATION: City staff recommends the John P. Murzyn Hall rental rates for 2017 increase 6% for Saturday rentals that use the main hall. Currently almost all Saturdays have been reserved from mid -April through October of 2016. RECOMMENDED MOTION(S): Move to adopt the 2017 John P. Murzyn Hall rental rates, as outlined by the Park & Recreation Commission at their meeting on October 28, 2015. ATTACHMENTS: John P. Murzyn Hall rental rates for 2016/2017. 26 7D1 Council Letter JPM 2017Rates i Rentals in 2016 will pay the 2016 rates, and rentals in 2017 will pay the 2017 rates. RENTAL INFORMATION 2016 RATES (Sun - Fri) (Saturday) 2017 RATES (Sun - Fri) (Saturday) Hall /Kitchen /LaBelle Loungew/Tax $1,028.40 $1,411.91 $1,028.40 $1,496.54 Hall /Kitchen /LaBelle Lounge $960.00 $1,318.00 $960.00 $1,397.00 Hall $735.00 $932.00 $735.00 $988.00 Kitchen $125.00 $147.00 $125.00 $156.00 LaBelle Lounge $220.00 $268.00 $220.00 $284.00 Gauvitte Room $175.00 $195.00 $175.001 195.00 Prestemon Room $175.00 $195.00 $175.001 $195.00 Edgemoor Room $175.00 $195.00 175.001 $195.00 Keyes Room $175.00 $195.00 175.001 $195.00 Maithaire /McKenna Room $250.00 $285.00 $250.001 $285.00 Senior Center $250.00 $285.00 $250.001 $285.00 Down Payment (non - refundable) $500/$100 $500/$100 $500/$100 $500/$100 Damage Deposit (refundable) $500 / $250 $500 / $250 $500 / $250 $500 / $250 Security Officer Deposit $150.00 $150.00 $150.00 $150.00 Security Officer hourly rate $25.00 $25.00 $25.00 $25.00 Pop /CO2 Charge $100/$150/$200 $100/$150/$200 Early Entry Fee *Preapproved* $60.00 $60.00 $60.00 $60.00 Custodial Charge per hour $25.00 $25.00 $25.00 $25.00 Events Lasting 2 hours or less 50% N/A 50% N/A Events Lasting 4 hours or less 25% N/A 25% N/A Heights Resident Discount ** 25% 25% 25% 25% All rental rates, fees, and deposits are subject to State Sales Tax. All JPM rentals end at 1:00 a.m. An $80 plus tax late fee will be assessed every 30 minutes. Saturday /Sunday rental time: 12:00 noon - 1:00 a.m. Friday rental time: 9:00 a.m. - 1:00 a.m. A storage fee of $100 will be charged for items left in the building outside of rental time. ** Columbia Heights Resident discount is exclusively limited to the renter or their parents. All rentals are required to use the in -house pop dispensers behind the bar. Single room rentals have a maximum rental time of 7 hours. Linen and Napkin rental is available upon request. 2016 Prices are as follows: White or Ivory Linens $7.00 per hall table (60" rounds and 8'x 2 1/2' banquet tables) Tax additional $3.50 per bar table $ .70 per napkin (various colors available) Linen and Napkin rentals will need to be paid 2 weeks prior to your rental date. A $50 Service Charge may apply to special orders made within the week prior to the event. White Melamine Dinnerware, Silverware and Plastic Tumblers are available for a rental fee of $50 plus tax per rental. Saturday rentals may decorate Friday before their event from 9:00 am - 4:30 pm for a $150 fee. This reservation can only be made if the hall is available within 3 weeks of the rental date. 27 AGENDA SECTION CONSENT ITEM NO. 7E MEETING DATE NOVEMBER 23, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ADOPT RESOLUTION 2015 -94 ACCEPTING THE FEASIBILITY REPORT FOR ZONE 7B STREET SEAL COAT PROJECT AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 1501 DEPARTMENT: Public Works CITY MANAGER'S APPROVAL : rL - BY /DATE: Kevin Hansen / November 2, 2015 BY /DATE: BACKGROUND: Staff has developed preliminary plans and prepared a Feasibility Report for Zone 713 of the Annual Seal Coat Program. The seal coat area is located between California /Main Streets and University Avenue from 37th Avenue to 45th Avenue. In accordance with the Street Rehabilitation Policy, Zone 7B streets that were rehabilitated in 2006 and 2012 are being seal coated at the City's cost (City pays for first seal coat). Streets included in the 2014 Street Rehabilitation program will not be seal coated until the next rehab cycle. The map included with the Feasibility Report displays the streets proposed for seal coat and the funding source. The seal coat program helps preserve and maintain existing bituminous streets in good driving condition. Particular issues are summarized below: 1. Assessment Methodology: The Seal Coating project will be assessed on a Street and Avenue parcel basis. Avenue assessments are one -third of the street rate extending one -half block in either direction of the Avenue. This assumes that all parcels benefit equally for the strategy in front of their property or abutting it, in the case of the Avenue. The estimated unit cost assessment is $297 per Street parcel and $99 per Avenue parcel. 2. Financing: The estimated construction cost is $74,970. 100% of the seal coat construction cost is assessed to property owners, or City funded for the first rehab cycle following rehabilitation. 3. Past Assessments: In Zone 713, property owners on 2nd Street have had a street assessment for reconstruction from 38th to 40th Avenues. Some of these property owners will receive an avenue assessment for seal coat on 39th Avenue. Property owners on 42nd Avenue from 2nd to 3rd Streets and on 2nd Street from 43rd to 44th Avenues have had a street assessment for mill and overlay. Some of these owners will receive an assessment for seal coat on 2nd Street and 43rd Avenue, respectively. 4. Meeting dates: Staff is recommending the public improvement hearing be scheduled preceding the Zones 2 and 3 Street Rehabilitation Hearing on February 1, 2016. The bidding process will be administered by the City of Coon Rapids as part of a multi -city JPA for various street maintenance activities. RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2015 -94, there being ample copies available to the public. Move to adopt Resolution 2015 -94, being a resolution accepting the Feasibility Report for Zone 7B Street Seal Coat, City Project No. 1501, and ordering the Public Improvement Hearing beginning at 6:30 p.m. on February 1, 2016. ATTACHMENT(S): Resolution 2015 -94 Feasibility Report Map 28 RESOLUTION NO. 2015 -94 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council has adopted a Seal Coat Program, and WHEREAS, pursuant to Resolution No. 2015 -82, a report has been prepared by the City Engineer with reference to the Program, and the following street(s): • local streets in Zone 7B that have not been rehabilitated under the street program WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost- effective, and Said report is hereby received by the City Council of Columbia Heights on November 23, 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. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $74,970. 2. A public hearing shall be held on such proposed improvement on the 1St day of February, 2016, in the City Council Chambers at 590 40th Avenue N.E. at 6:30 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. ORDER OF COUNCIL Passed this 23rd day of November, 2015 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest Nancy Becker, Council Secretary Pro Tern 29 MAMA 637 38th Avenue NE, Columbia Heights, MN 55421 763 - 706 -3700 ®®® 763- 706 -3701 (Fax) 30 • • • •' COLUMBIA • PROJECT NUMBER 1501 LOCATION: ZONE 7B —AREA BOUNDED BY CALIFORNIA STREET /MAIN STREET TO UNIVERSITY AVENUE 37TH AVENUE TO 45TH AVENUE Zone 7A east of University Avenue was seal coated in 2015. The area west of University Avenue was postponed to 2016 to accommodate water main cleaning and lining in 2015. The following local bituminous streets are included in Zone 7B: 2nd Street 40th Avenue to 43rd Avenue 2nd Street 44th Avenue to 45th Avenue 2% Street 44th Avenue to 45th Avenue 3rd Street 40th Avenue to 42nd Avenue 3rd Street 44th Avenue to 45th Avenue 39th Avenue Main Street to 2nd Street 41St Avenue Main Street to 3rd Street 42nd Avenue Main Street to 2nd Street 43rd Avenue Main Street to 2nd Street This feasibility study includes an analysis of proposed bituminous street patching and repair, and seal coat. IMPROVEMENTS: Repair of Concrete Curb and Gutter, Patching and Seal Coat of Street Surface. INITIATION: City Council, as part of an ongoing bituminous street preservation strategy. OWNERS The location of each street is described below and shown on the attached map. BENEFITTING: The total number of assessed parcels is 241 plus 153 units in University Heights. OWNERS 1. 2nd Street 40th Avenue to 43rd Avenue* (69) ABUTTING 2. 2nd Street 44th Avenue to 45th Avenue (28) OR 3. 2 % Street 44th Avenue to 45th Avenue (22) IMPACTED: 4. 3rd Street 40th Avenue to 42nd Avenue* ( 3) 5. 3rd Street 44th Avenue to 45th Avenue (21) 2 31 6. 39th Avenue Main Street to 2nd Street (25) 7. 41St Avenue Main Street to 2nd Street (25) 8. 42nd Avenue Main Street to 2nd Street (26) 9. 43rd Avenue Main Street to 2nd Street (22) * Not including University Heights June /July, 2016 University Heights (153 Units) 1. 2nd Street 40th Avenue to 42nd Avenue 2. 3rd Street 40th Avenue to 42nd Avenue 3. 41St Avenue 2nd Street to 3rd Street ISSUES: The City Council identified the need to preserve and maintain the existing bituminous streets and extends the life of the pavement in good driving condition. FEASIBILITY: The improvement as proposed is necessary, cost - effective, and technically feasible. The project is recommended as proposed in the study. The improvements, once completed, will be a benefit to the properties served. SCHEDULE: Construction is scheduled to begin in the spring of 2016 with substantial completion occurring in late summer. The seal coat contract is administered by the City of Coon Rapids under a joint powers agreement with several north - metro cities. Council accepts Feasibility Report and orders Public Improvement Hearing Nov 23, 2015 Public Improvement Hearing and Council orders Public Improvement Project February 1, 2016 Bid Opening for Seal Coating (City of Coon Rapids) February, 2016 Columbia Heights Council Concurs with Bids March, 2016 Coon Rapids' Council Awards Contract April, 2016 Begin Construction — Bituminous Repairs (Force Account) May, 2016 Begin Construction — Seal Coat (Project -wide) June /July, 2016 Construction Completed (Project -wide) August 31, 2016 FINANCING: The estimated cost for Seal Coating is $74,970 (construction cost only). ASSESSMENT: The Seal Coating project for those street listed above will be 100% assessed on a Street and Avenue parcel basis. Avenue assessments are 1/3 of the street rate extending % block in either direction of the Avenue. This assumes that all parcels benefit equally for the strategy in front of their property or abutting it, in the case of the Avenue. The estimated unit cost assessment is $297.00. 3 32 DESCRIPTION OF WORK INVOLVED: • Public Works Staff — provides bituminous street repairs and patching throughout the Seal Coat project zone. Includes cutting and removal of deficient segments of street section, milling of larger areas of deficient bituminous areas, and patching or paving with new bituminous. • Concrete curb and gutter repairs — provide repairs to short segments of curb & gutter due to damage orjoint separation which impedes gutter flow. • Application of Seal Coat (emulsion and cover aggregate) —Application of emulsion by computer controlled mechanical sprayers immediately followed by spreading FA -2 or FA -2 modified granite or trap rock as a cover aggregate. The road surface is finished by rolling with a tire -based roller for proper aggregate penetration and distribution. 33 2016 IMPROVEMENT PROGRAM COLUMBIA HEIGHTS, MINNESOTA ESTIMATED ASSESSMENTS — PROJECT 1501 ZONE 7B STREET SEAL COATING PROGRAM (Sections 34 and 35, T30N, R24W) Seal Coating: Estimated Cost $74,970 Estimated Cost per Parcel Street: $297.00 Avenue: $ 99.00 34 AGENDA SECTION CONSENT ITEM NO. 7F MEETING DATE NOVEMBER 23, 2015 • 0 : ' ITEM: ADOPT RESOLUTION 2015 -95 ACCEPTING THE FEASIBILITY REPORT FOR STINSON BOULEVARD STREET REHABILITATION FROM 37TH TO 40TH AVENUES AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 1508 DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / November 2, 2015 BY /DATE: BACKGROUND: This is a joint project with the City of St. Anthony. St. Anthony will administer and provide engineering services for the project. Staff has reviewed preliminary plans and prepared the Feasibility Report for the Street Rehabilitation Program for Stinson Boulevard from 37th Avenue to Silver Lane. Based on the feedback from the Council at the November 9th work session, 37th Place from Stinson Boulevard to 37th Avenue has been removed from the project. Attached is the Feasibility Report that details the scope of work for the Stinson Boulevard Street Rehabilitation. Particular issues are summarized below: 1. Rehabilitation Strategies The centerline of Stinson Boulevard represents the municipal boundary between the cities of Columbia Heights and St. Anthony. The street was originally constructed in 1967 with a concrete section. Stinson Boulevard is currently a 42 foot wide street with integrant curb and gutter. While concrete panels have been replaced due to deterioration, the street has not had any major rehabilitation on it and is in need of major rehabilitation. The feasibility outlines the reconstruction of approximately 1,800 linear feet of street to a 37 foot wide bituminous street with concrete curb and gutter. 2. Utilities Replacement Utilities have been reviewed on Stinson Boulevard. Staff utilized structure inspections, televising, history of water main breaks, age of water main and services, leakage testing (independent testing), and previous engineering reports in determining utility recommendations. Staff is recommending the following: Water Main: A 6 -inch water main serves the Columbia Heights side of the street, originally installed in 1948. C- Factor testing indicates that the pipe is tuberculated — contributing to water quality issues and flow degradation. Due to the number of water main breaks on this line, cleaning and lining of the water line is not recommended and the pipe should be replaced. Due to the presence of multi - family apartments, commercial /retail and a 3 -story senior living building, staff recommends replacement with an 8 -inch water main. New services would also be provided in the project area. Storm Sewer: The storm sewer serving Stinson Boulevard is undersized with inadequate pick -ups (catch basins). New storm sewer would be placed and the pipe sized for 10 -year storm events consistent with State Aid requirements and our Water Resource plan requirements. New catch basins and manholes would also be placed throughout the project area. Sanitary Sewer: Staff has inspected the sanitary sewer system in Stinson Boulevard and found the gravity system to be in acceptable condition and recommends lining the pipe under our annual sewer lining program. Manholes would be replaced in the project area. A cast iron sewer forcemain from the Silver Lake Lift Station discharges into a manhole near 3900 Stinson Boulevard. Staff has inspected this line and due to condition, recommends the replacement within the project boundaries with a PVC or polyethylene pipe. 0. City of Columbia Heights - Council Letter Page 2 3. Assessment Methodology: Our Street Rehabilitation Program has established a "unit" assessment methodology rather than using a "front foot" rate basis. The existing assessment policy for this area would involve "street" assessments for fronting properties. The "street" frontage (typical front of property or where driveway access is) would pay a particular rate for the full frontage for that type of treatment (for example, mill and overlay or full reconstruction) used on that street. Our State Aid assessing policy would also be applied to this project. Based on the traffic volumes, properties on Stinson Boulevard would have a 45% reduction or subsidy in their assessments 4. Scope of Work: The project includes the full reconstruction of Stinson Boulevard with a new bituminous street rated for 10 ton capacity, new water main, new storm sewer, rehabilitation of the sanitary sewer gravity main and replacement of the sewer forcemain, a new 8 -foot wide bituminous trail, and street lighting. S. Project Costs: Stinson Boulevard from 37th Avenue to north of 40th Avenue: The estimated construction costs are as follows: 1. Full street reconstruction: $1,036,080 2. Utilities: $ ** Project funding is proposed as follows: Assessments: $ 127,310. State -Aid Construction: $ 804,608 Infrastructure Fund: $ 104,162. Sanitary Sewer Fund: $ ** Water Construction Fund: $ ** Storm Sewer Fund: $ ** The costs and associated funding for utility work ( * *) will be further developed during the final design. 6. Past Assessments: None 7. Concurrent Projects: Proposed Zone 2 and 3 Street Rehabilitation program. 8. Project Financing: Our agreement with St. Anthony details how funding will be determined. Basically we each pay for our own improvements. Street costs within the ROW will be split 50 -50. We pay for the following items that serve only Columbia Heights: water main, sanitary sewer, bituminous trail and street lighting (west side of the roadway). Since both sides of the roadway drain into Stinson, drainage areas will be used to calculate the costs of the storm sewer system. 9. Meeting Dates: Staff has established the following meeting dates: Resident Informational: February 18, 2016 Public Hearing: March 7, 2016 RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2015 -95, there being ample copies available for the public. 37 City of Columbia Heights - Council Letter Page 3 Move to adopt Resolution 2015 -95, being a resolution accepting the Feasibility Report for Stinson Boulevard from 37th to north of 401h Avenues Street Rehabilitation, City Project No. 1508, and ordering the Public Improvement Hearing beginning at 6:30 p.m. on March 7, 2016, ATTACHMENT(S): Resolution 2015 -95 Feasibility Report Map(s) 38 RESOLUTION NO. 2015 -95 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 2 that have not been rehabilitated under the street program, and WHEREAS, Stinson Boulevard from 37th Avenue to north of 40th Avenue is part of Zone 2 scheduled for 2016, and WHEREAS, a Cooperative Agreement has been approved between the cities of Columbia Heights and St. Anthony that defines the responsibilities of each city for the project work, and WHEREAS, pursuant to Resolution No. 2015 -62, a report has been prepared by the City Engineer with reference to the Program, and the following street(s): • Stinson Boulevard Reconstruction from 37th Avenue to North of 40th Avenue WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost - effective, and Said report is hereby received by the City Council of Columbia Heights on November 23, 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. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1,036,080. 2. A public hearing shall be held on such proposed improvement on the 7th day of March, 2016, in the City Council Chambers at 590 40th Avenue N.E. at 6:30 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. ORDER OF COUNCIL Passed this 23rd day of November, 2015 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Nancy Becker, Council Secretary Pro Tem 39 r r • • • ANTHONY) 37 TH AVENUE TO SILVER LANE (ST. �01 C0I71Uri U.,I:I i ENGINEERING DEPARTMENT 63738 th Avenue NE, Columbia Heights, MN 55421 763 - 706 -3700 . °® 763 - 706 -3701 (Fax) 40 I .11 i • • 11 :1 Ifte I. LOCATION: STINSON BOULEVARD: 37Th AVENUE TO SILVER LANE (ST. ANTHONY) This feasibility study includes an analysis of proposed street rehabilitation on the M.S.A.S. boundary street of Stinson Boulevard from 37th Avenue to Silver Lane shared with the City of Saint Anthony. IMPROVEMENTS: Full Street Reconstruction — • Stinson Boulevard Street Construction- The street width will be reduced from existing 44' wide to 37' wide to allow for construction of trail or sidewalk on each side of the street within the existing right -of way. The street construction will be comprised of new granular base, aggregate base, concrete curb and gutter with driveway aprons, and 5%" of bituminous surfacing. Utility Construction — Both the Cities of Columbia Heights and St Anthony have separate water, sanitary and storm sewer in Stinson Boulevard right of way. The City of St. Anthony is planning to replace all of their utilities. Utility work in the City of Columbia Heights includes replacements /repairs as required to maintain or improve the water distribution system, as well as the sanitary and storm sewer collection systems. Utility construction for the City of Columbia Heights is discussed under project issues. INITIATION: City Council in accordance with the Street Rehabilitation Policy. OWNERS The location of each street is described below and shown on the attached map. BENEFITTING: The total number of parcels is 10. OWNERS Stinson Boulevard ABUTTING OR 1. Stinson Boulevard, 37th Avenue to 39th Avenue (6) IMPACTED: 41 2. Stinson Boulevard, 39th Avenue to Silver Lane (4) ISSUES: The following is a study of the key project issues. STINSON BOULEVARD STREET CONSTRUCTION - The street width will be reduced from existing 42' wide to 37' wide (face of curb to face of curb). The 37' will be divided into two 13' driving lanes and one 11' center turn lane. The street construction will be comprised of new granular base, aggregate base, concrete curb and gutter with driveway aprons, and 5%" of bituminous surfacing. The roadway will be designed to a 10 -ton standard. Reducing the width of the street provides right -of way for trail or sidewalk on each side of the street. An 8' bituminous trail will be constructed in Columbia Heights. It is also proposed to include the addition of pedestrian lights under the Xcel Outdoor Lighting program. Utility Construction — Both the Cities of Columbia Heights and St Anthony have separate water, sanitary and storm sewer in Stinson Boulevard. The City of St. Anthony is planning to replace all of their utilities. Utility construction for the City of Columbia Heights is discussed below: The 6" CIP water main on Stinson Boulevard was installed in 1948 (67 years old) and has a history of water main breaks. The water main will be replaced with 8" DIP and hydrants will be replaced as part of the street reconstruction project. Services not meeting current standards will be replaced from the main to the stop box. Services will be assessed to the property owner. The 8" VCP sanitary sewer main was installed in 1960. After repairs on one short section of pipe, the main will be lined. This work will be done under a separate project. The sanitary manholes vary in their condition. Manholes will be replaced or rehabilitated and new rings and castings will be installed. An 8" CIP sanitary force main was also installed in 1960 from the lift station at Silver Lake Park (boat landing) to south of 40th Avenue. The force main will be replaced with 8" PVC or Polyethylene within the construction limits. The 36" RCP storm sewer was installed in 1970. Due to the number of utilities and horizontal spacing requirements, the storm drain will be reconstructed as a shared system with St. Anthony near the centerline of the street. The pipe will be 36" RCP with new manhole and catch basin structures. Railroad Crossing and Signal System Future improvements with an upcoming HSIP project include railroad crossing and the signal system at 39th Avenue (St Anthony). 3 42 FEASIBILITY: The proposed improvement project is necessary to provide consistency with the street rehabilitation policy, cost - effective with the inclusion of partial city funding, and technically feasible as prescribed in the construction recommendations found elsewhere in this report. The project and project elements should be implemented as proposed in this study. The improvements, once completed, will provide a benefit to the properties served. SCHEDULE: Construction is scheduled to begin in late spring of 2016 with substantial completion occurring in the summer of 2016, and final completion in the summer of 2017. Council receives Feasibility Report and orders Public Improvement Hearing November 23 Council Approves Plans and Specifications, Authorizes Advertisement for Bids December 14 Public Informational meeting prior to Public Improvement Hearing February 18 Public Improvement Hearing and Council orders Public Improvement Project March 7 Bid Opening (St. Anthony) Jan 27 Council Awards Contract March 14 Begin Construction May 1 Construction Substantially Completed September 29 Construction Completed (Bituminous wear course) Spring, 2017 FINANCING: Financing would be a combination of assessments to benefitted properties, infrastructure fund including Municipal State Aid funds, and utility funds. The estimated construction costs for each option are as follows: Proposed Infrastructure/ City of Location of Construction Assessment MSAS Fund St Anthony Stinson Blvd $127,310 $908,770 $1,036,180 The estimated assessment costs are for a typical street reconstruction on a local street. The costs do not reflect the proposed costs on the wider state aid street. The assessments reflect a flat fee of 10% of the construction cost included in the amount to assess for a portion of the Engineering and Administration costs. The balance of the engineering costs will be charged to state -aid or utility funds. Percentages proposed to be assessed for street rehabilitation are consistent with the policy followed under each of the prior street rehabilitation zones. Utility work performed as part of the overlay project will be paid for from the appropriate utility fund. 4 43 M.S.A. SUBSIDY In 2014, Council amended the assessing policy to include MSA streets. Properties are subsidized based on the traffic volume of the street. Stinson Boulevard has 8100 ADT. Properties, both commercial and residential will be subsidized 45 %. ASSESSMENT: Assessments will be in accordance with the City's Street Rehabilitation Ordinance and past practice. Assessments can be based on a per foot basis or a parcel basis. Following the other Zones assessment policies, assessments would be on a Street and Avenue parcel basis. A Street assessment would be at the developed rate for the particular rehab strategy while Avenue assessments would be at approximately 1/3 of the street rate extending % block in either direction of the Avenue. This assumes that all parcels benefit equally for the strategy in front of their property or abutting it, in the case of the Avenue. 44 2016 IMPROVEMENT PROGRAM COLUMBIA HEIGHTS, MINNESOTA ESTIMATED ASSESSMENTS - PROJECT NO. 1508 M.S.A.S. STREET REHABILITATION PROGRAM (Section 36, T30N, R24W) I. FULL STREET RECONSTRUCTION The estimated costs are for typical street reconstruction on a local street. The costs do not reflect the actual costs on the wider and heavier design of state aid streets. Estimated Cost: Assessable Construction Cost: Estimated Assessed Cost per Parcel: Parcel Type C, I, and M -F Street C, I, and M -F Avenue: $1,036,080 $127,310 Stinson Boulevard Local Street MSA Subsidized Rate Rate $ 9,161 $5,038 $ 3,023 $1,663 6 45 N\$ 4{ 4 T eq ,+ l'. fill I.1 $ ;# VIV z 77i #?� l " McKinley Street NEOW } .7 40r {{i i . Y`, ;a t v .. Ak- 2400 Vo \ 3725 f ;25N 5cia _ (City of Columbia Heights) _ Soo Line Railroad Co 3746 3806 3816 { 3826 - 3836 3850 _ 39 3900' _ _ 323 � � —_ —� — _ } .7 40r K: \02170 -130 \Cad \Exhibits \fig- 03.dgn 3801 J ' 7 I, 2400 _. 3803 241 17 W) I' r a Z A 241 m � Q co g} ► t / , 2016 Street & Utility Improvements for the City of Columbia Heights, Minnesota i . Y`, ;a t v .. 2400 IIZZ �8' bituminous trail '* 2315 \ 3725 f ;25N 5cia _ (City of Columbia Heights) _ • 1 \ � 23 \\, 3746 3806 3816 K: \02170 -130 \Cad \Exhibits \fig- 03.dgn 3801 J ' 7 I, 2400 _. 3803 241 17 W) I' r a Z A 241 m � Q co g} ► t / , 2016 Street & Utility Improvements for the City of Columbia Heights, Minnesota i . C� COLUMBIA — HEIGHTS REDISCOVER THE HEIGHTS ;a v .. 2400 IIZZ �8' bituminous trail '* 2315 \ 3725 f ;25N 5cia _ (City of Columbia Heights) _ • 1 \ � 23 \\, 3746 3806 3816 { 3826 - 3836 3850 _ 39 3900' _ _ 323 � � —_ —� — _ —�� — - � .. mss. ._._ _ _ —.1_ E a —_ —_ ;-;•— - -_ —__ - L:u�— .�.�_l "�- .� - -�. �. — _ _— � =�� - -" - - -- - __. ...__..._.:_:_ ..._. .._ Z > K: \02170 -130 \Cad \Exhibits \fig- 03.dgn 3801 J ' 7 I, 2400 _. 3803 241 17 W) I' r a Z A 241 m � Q co g} ► t / , 2016 Street & Utility Improvements for the City of Columbia Heights, Minnesota i . C� COLUMBIA — HEIGHTS REDISCOVER THE HEIGHTS 2400 W \1 ! Z 1 3701 ', Y 3725 f ;25N 5cia Soo Line Railroad Co r F 555 I W W ! Future 6' concrete sidewalk L j t Z > (by others) j?S 4A Si L , 3642 Y y� 00 1 1 i i K: \02170 -130 \Cad \Exhibits \fig- 03.dgn 3801 J ' 7 I, 2400 _. 3803 241 17 W) I' r a Z A 241 m � Q co g} ► t / , 2016 Street & Utility Improvements for the City of Columbia Heights, Minnesota - 477 Temperance Street WSB St. Paul, www. wsbe beng. g.co com & dssaciates. /nc. '63-541490-F&763-541-1700 INFRASTRUCTURE (ENGINEERING PLANNING CONSTRUCTION C� COLUMBIA — HEIGHTS REDISCOVER THE HEIGHTS K: \02170 -130 \Cad \Exhibits \fig- 03.dgn 3801 J ' 7 I, 2400 _. 3803 241 17 W) I' r a Z A 241 m � Q co g} ► t / , 2016 Street & Utility Improvements for the City of Columbia Heights, Minnesota l: r z 0 7s 150 WSB Project No. 02170 -130 Date: September 2015 I 2401 cool ;25N 5cia 'r W L Z 2405 111 Y 1 i l: r z 0 7s 150 WSB Project No. 02170 -130 Date: September 2015 I EMERGENCY INTERIM ORDINANCE NO. 1622 BEING AN EMERGENCY 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 SUMMARY OF EMERGENCY INTERIM ORDINANCE NO. 1622 This Ordinance establishes an emergency moratorium on auto related businesses throughout the City of Columbia Heights. The Interim Ordinance will last for up to 6 months or pending the completion of a planning study. City staff will complete a planning study assessing the need for an amendment or any addition to the Zoning Ordinance as it pertains to auto related uses. This is a summary of Ordinance No. 1622. A printed copy is of the entire text of the Ordinance is available for inspection by any person during regular office hours at the office of the City Planner, or by standard or electronic mail. Ordinance No. 1622 was adopted by the City Council of Columbia Heights on November 9, 2015. Mayor Gary L. Peterson Attest: Nancy Becker Council Secretary, Pro Tem EtA EMERGENCY INTERIM ORDINANCE NO. 1622 BEING AN EMERGENCY 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. 48 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. Offered by: Nawrocki Seconded by: Williams Roil Call: Ayes: 4 Nays: 1 Date of Passage: November 9, 2015 11 V� Mayor Gary L. Peterson Attest: Nancy iZcker Council Secretary, Pro Tem 49 AGENDA SECTION CONSENT ITEM NO. 7H MEETING DATE NOVEMBER 23, 2015 ITEM: Rental Housing Licenses DEPARTMENT: Fire CITY MANAGER'S APPROVAL: BY /DATE: Gary Gorman BY /DATE: STAFF RECOMMENDATION: Approval of attached list of rental housing applications. RECOMMENDED MOTION(S): Move to approve the items listed for rental housing license applications for November 23, 2015, in that they have met the requirements of the Property Maintenance Code. ATTACHMENTS: List of Rental Licenses to Approve (PDF) 50 ~ O2S41�AvenueNE° Columbia Heights, KxN554Il° Inspections 763-7O6-0150" Fax 70S-70h-8zS1°8sinsuections@cizo|umbia-heights.mn.m __________________________________________________ I0001 1016G{)ULDAVE Sturdy Foundation Investments, LLC FI4860 PO Box 12039 $150.00 __________________________________________________ Honolulu, HI 96828 10004 7I450THAVE SchwanN'Rache| F14909 l508 Gardena Ave NE $150.00 __________________________________________________ Fridley, MIN 55432 10056 1OD2GOULDAVE Koo|rno,Roua1yn F14074 27S5 Holly StS. $150.00 Cambridge, MN55OO8 10060 3913 ARTHUR ST Sentyrz]r.,Walter F14449 1612 2nd Street N.E. $150.00 __________________________________________________ Minneapolis, MN55413-1138 10062 4217QU|NCYST Ludwig, Robert F14453 1149 Pond Curve $150.00 --------------------------------------------------- VVaconia,K4N65387 10066 3971 JOHNSON 5T Engles, Justin F14537 3971 Johnson St $150.00 __________________________________________________ Columbia Heights, MN5S4I1 10074 4155 JEFFERSON ST Starburst Properties, LbC F14377 411 Rhode Island Avenue North $150.00 __________________________________________________ Golden Valley, k4NS54Z7 10081 4455 JACKSON ST McKay, Kate F14910 1609 Berne Circle NE $150.08 __________________________________________________ Fridley, K4N55421 10109 5014OTHAVE Risk, Cathy F14355 4D63146th Ave NE $150.00 __________________________________________________ Ham Lake, K4N553D4 10131 49O6 MADISON 3T TserinB,Sangnno F14903 912594th Avenue N. $150.00 __________________________________________________ Brooklyn Park, K4NS5443 10135 4427K4ONROEST MSR| F14586A 83OONK4opacExpressway #200 $150.00 __________________________________________________ Austin, TX 78759 10138 1UZ2421/2AVE K4erhi3Ornar FI4737 53OCMesapekakeLane $150.00 South|ake,TX76O92 __________________________________________________ 51 11/18/2015 10:18 Page z 82541st Avenue NE° Columbia Heights, IVIN5542z° Inspections 763-7U6-8IS0°Fam7O3-7O§-8l5l°#reinspectiom@d,odumbia-heights.mn.us 10149 5O56 WASHINGTON ST Koch Kenneth 14486 234O7 Painter Ave S150.00 __________________________________________________ Port Charlotte, FL339S4 10175_[FC 4DOO WASHINGTON ST Bona, Brian F14859 5333 University Ave $I50.00 _____________________________ Fridley, K4N55421 --- ______________ --- ___ 10228 4749 5TH ST Cs|K4onton,LLC F14457 1O4S Stinson PKWY #102 $150.00 _______________________ Minneapolis, K4N55418 --- ____________ 10230 403O 2ND ST Reynolds Property Managements, LL[ F14498 694l Glenview Ln. $150.00 ________________________________ Lino Lakes, MN5SO14 --- ___ --- ___________ 10254 96543RDAVE Heinezmann, Doug F14337 7833 Penn Avenue N. $150.00 _______________________________________________ Brooklyn Park, MNS6444 10261 3972 TYLER IT Romba!sN,]ason F14661 15O0 Toledo Ave. N. $150.00 __________________________________________________ Golden Valley, K4N55422 10285 46O7 JEFFERSON ST Cheedy,Abator F14279 5725 75th Lane N $150.00 __________________________________________________ Brooklyn Park, K4N55443 10298 4408 K4DNROEST O'Connell, Brian F14925 387LandcasterLnN. $150.00 __________________________________________________ Champlin, K4N5S316 10329 9544]NDAVE Farah, Abdiriashid F14928 47O Marshal Ave #6 $150.00 __________________________________________________ St Paul, K4N551D2 10331 4OS9 JEFFERSON ST Ahmed, Adam F14185 6546 Willow Lane $150.00 __________________________________________________ Brooklyn Center, IVIN5543O 10348 1Ul7GOULDAVE Swanson, Troy F14793 3O4O Casco PtRd $150.00 __________________________________________________ Wayzata, &4NS5391 10352 4346 6TH 3T O|ayinka,Sunday F14801 3652 Windmill Curve $150.00 __________________________________________________ Woodbury, K4N55129 11/18/201S zo:zu 52 page 2 _ 8254��AvenueuE° Columbia Heights, IVINS542l° Inspections 763-706-81S6"Rm76]-7O6-8lSI°firempoctimo@ci.coumbia-heiQhts.mv.us __________________________________________________ 10354 3915 TYLER 3T Hanson, Robert F14695 1691O The Strand $150.00 Minnetonka, K4N5S]45 ________________ --- _ 10370 1321431/2AVE Cruz, Victor F14879 19ZO South 1st St#1O3 S150.00 __________________________________________________ Minneapolis, K4N55454 10395 S93O JACKSON ST Vercac1eren,Luke F14727 3716l1th Ave. S. $150.00 __________________________________________________ Minneapolis, IVIN554O7 10419 381IHAYESST Kaplan, Casey 14520 155O 2nd Street SVV $150.00 __________________________________________________ New Brighton, K4N55112 10421 3909HAYESST |H2 Property Illinois, LP F14574 l]78 Eagan Industrial Rd #160 $150.00 __________________________________________________ Eagan, K4NS5121 10502 3928 TYLER ST Anoka County Community Action Program F14484 12O1D9th Avenue NE#34S $150.00 __________________________________________________ Blaine, &4N5G4]4 12010 4613 TAYLOR ST Thoreson, Steven F14504 4G15 Taylor Street $150.00 __________________________________________________ Columbia Heights, MN 55421 12163 42O9 WASHINGTON ST Lee, Grace F14844 4209 Washington Street $ I5O.O0 _____ --- ___________________________________________ Columbia Heights, MN5S421 12221 4433 MAIN ST Field, William F14513 4435 Main Street $ 150.0O __________________________________________________ Columbia Heights, K4N56421 20007 4636 TAYLOR ST Vandeveer, Robert F14514 1O5293rdLane $150.00 __________________________________________________ Coon Rapids, MN5543S 20013 113245THAVE |brah/nn,Mujir F14238A 152O0 Elm Rd $150.00 __________________________________________________ Maple Grove, MIN 5531l 20021 11S4 CHEERY LN Lewis, Mark F14360 37OOVinevvuodLane $150.00 __ --- Plymouth, IVINSS441 ____ ---- _________ --- _ _______ ---- _ --- ____________ --- 53 11/18/2015 m:zu Page 3 � DZ541n Avenue NE° Columbia Heights, mm55421° Inspections 763-70O-8l5d" Fax 763-706-81Sz°Aneinspectimo@cicovmbia-heights.mn.uo __________________________________________________ 20041 13OO CIRCLE TER BLVD Fraga|e,Pat F14899 2357U Grove Drive Suite #314 S150.00 __________________________________________________ Maple Grove, K4N5531l 20043 1324 CIRCLE TER BLVD PatFraga|e F14392 1357O Grove Dr#314 $150.00 __________________________________________________ Maple Grove, K4N 55311 20059 4628POLKST Karboy Properties, LLC F143S4 593O June Avenue N. $150.00 __________________________________________________ Brooklyn Center, K4N55429 20082 3833 RESERVOIR BLVD Hilton, Garrett F14159 l5121J5th Avenue NE#111 $150.00 __________________________________________________ Blaine, K4N 55449 20102 11O039THAVE Efterfe|d,Steven F14350 25134173RDST $I50.00 __________________________________________________ Pierz,K4N56364 20104 464S TAYLOR ST Allen, David F14378 133S7Sth Ave NE $I50.00 __________________________________________________ Fridley, IVIN 55432 20116 1O3S431/2AVE Hyxka,Mike F14834 1OS5 Lake Beach Dr $150.00 __________________________________________________ Shoreview, &4NS5l26 20131 14O1 CIRCLE TER BLVD Domino, Paul F14691 l215154th Lane NE $150.00 __________________________________________________ Ham Lake, K4N553O4 20132 13S5 CIRCLE TER BLVD Oe|rich, Ronald &Heidi F14561 I3803 193rdCirNVV $160.00 __________________________________________________ Elk River, K4N5533O 20I39 93642NDAVE 61efO,Mark F14217 4845 Diane Dr. $150.00 __________________________________________________ Minnetonka, K4N55343 20151 l35G CIRCLE TER BLVD Kienz|e,Kris F14411 5S2NVVJ4thCircle $150.00 __________________________________________________ Camas, VVA986D7 20164-NC 4000 HAYES5T Lysyj,Oaria F14710 1S0 2nd Street N.E. #514 $150.00 Minneapolis, K4N55413 _________________________________________________ 54 11/18/2015 10:18 Page � aor 82541s_ Avenuews°ColumbiaHeights'mmSS421°|nspections763-706-8I6O"Fan763-7O6-825I°Mvei,upectima@dodumbia-heights.mn.us __________________________________________________ 20166 4247 2ND ST Jones, Todd F14583 342S Jewel Lane N $150.00 __________________________________________________ Plymouth, K4N55447 20206 48I2 TYLER ST Sanford, Ron F14488 386LoncasaterLane $150.80 __________________________________________________ Champlin, K4N55]16 20212 455O 7TH 5T Ramnarine,]ai F14154 4532 Tyler Street $150.00 _________________________________________________ Columbia Heights, VIN 55421 20218 4610F|LLMOREST Samara Inc F14093 5O67 Central Avenue N.E. $150.80 __________________________________________________ Fridley, MN 55432 20248 454U TYLER ST Hecker, Daniel F14483 1165850thStN $150.00 ____________ ---- ____________________________________ Lake Elmo, MNS5O4] 20278 4528F|LLMOREST Hakim Ahmed, Abde| F14646 8220 5thSt $150.00 __________________________________________________ Spring Lake Park, �MN55432 20300 4340 [lU|NCYST Gromek,Thomos F14798 I42792O9th Street North $150.00 __________________________________________________ 5cand|a,K4N55O73 20315 1087POLKC|R Larson, Larry F14558 195114th Street NVV $150.00 __________________________________________________ New Brighton, MN55112 20500 4641PULKST Anoka County Community Action Program F14638 12O189th Avenue NE#]45 $150.00 __________________________________________________ Blaine, K4N55434 30001 4255 MAIN ST For Gods Glory LLC 6-UNIT F14284 PD Box 369 $188.00 __________________________________________________ Maple Lake, MN55358 30012 4318 3RD 3T Miller, Wayne F14585A 35O5GreenridgeRoad $165.00 __________________________________________________ Minnetonka, MN5S3O5 30014 432O 3RD ST Miller, Wayne F14307 3505Greenrid#eKd $165.00 Minnetonka, MNS53O5 __________________________________________________ 55 11/18/2015 zo:m Page 82S4ls�AvenueNs^CdumbiaHeights,K*N554]l°|nspect|ons7h3-7V6-815§°Fax763-7O6-8151°Mnjnspecbons@d.co|umbia-heightsmn.us __________________________________________________ 30016 4]22 3RD ST Miller, Wayne F14505 35OSGreenridge Road Suite #]75 $165.00 __________________________________________________ Minnetonka, K4N553O5 30035 2284OTHAVE K4iku(ok,Robert F14842 DI41 Riverview Terrace $334.00 _ --------------- __ Fridley, &1N5S432 ------------ --------- ------------- _ 30042 1U2G4OTHAVE Chohan,Raees F14828 7Z98 Hwy 6S $16U.00 ___________________________________ Fridley, MIN 55432 --- _____________ 30060 422S CENTRAL AVE Gravity Holdings LLC 7-Unit F14016A 2515 Wabash Ave #SOU $2I1.00 __________________________________________________ St Paul, MIN 5S114 30062 4650 JOHNSON ST Modell, Bill F14741 SS55 Sylvan Lane $356.00 __________ --- _____________________________________ Excelsior, MN 55331 30073 3923 LOOKOUT PL Twin City Rent-A-Horne,LLC F14123 l3O33Rid8eda|e Dr. Suite #l67 $248.00 _________________________________________ Minnetonka, K4N553U5 --- _ --- _ 30101 4655 PIERCE ST T3PG46S5 Pierce Street, LLC F14408 1511O9th Lane NVV $160.00 __________________________________________________ Coon Rapids, K4N55448 30103 4S57 MADISON ST Hassan, Mohamed F14248 1461[unef|ovverLane $150.00 __________________________________________________ Shakopee, K8N55379-58O2 30124 4347 UNIVERSITY AVE RELiASTATE ENTERPRISES LLC F14113 7225 Franklin Avenue $248.00 __________________________________________________ St. Louis Park, K4N55426 30150 47O7 UNIVERSITY AVE Lynde Investment Company, LLP F14609C PD Box 16501 $248.00 __________________________________________________ Minneapolis, K4N5541G 30164 464] PIERCE ST Hussian,A|iza FI4402 9637 Anderson Lakes Pkwy Suite #]24 $I50.00 __________________________________________________ Eden Prairie, K8NS5344 30500 3932 CENTRAL AVE Anoka County Community Action Program F14455 1201 89th Avenue NE #345 $448.00 Blaine, MN 55434 � __________________________________________________ 56 11/18/201S 10:18 Page 6 825 41st Avenue NE" Columbia Heights, K4N554Zl° Inspections 7b3-7O5-8lS6*Ru763-7O6-81Sz°fireinspections@d.odumbia-heights.mn.us __________________________________________________ 34013 4210 QU|NCY ST Terveer, Martin F14621 ll4D572nd Street NE $15000 Otsego, MN 55301 __________________________________________________ � 57 11/18/201S 10:18 Page 7 AGENDA SECTION CONSENT AGENDA ITEM NO. 71 MEETING DATE NOVEMBER 23, 2015 ITEM: LICENSE AGENDA DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /Date: November 18, 2015 BY /Date: BACKGROUND /ANALYSIS Attached is the business license agenda for the November 23, 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. Move to approve the items as listed on the business license agenda for November 23, 2015 as presented. 58 Nov 23, 2015 lic agenda City of Columbia Heights - Council Letter TO CITY COUNCIL November 9, 2015 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2016 BLDG *Asphalt Driveway 3350 University Ave, Mpls $60 *McGough Construction 2737 Fairview Ave N, Roseville $60 *Bldg Restoration 1920 Oakcrest Ave, Roseville $60 *Nadeer Const 8465 Kentucky Ct, Brk Pk $60 *Centraire Htg 7402 Washington Ave, Ed Prair $60 *Quality Refrigeration 6237 Penn Ave S, Richfield $60 *Standard Htg 130 Plymouth Ave N, Mpls $60 *Home Energy Center 2415 Annapolis Ln, Plymouth $60 *Titan Htg & Cool 7610 Jasmine Ave S, Cott Grove $60 *Bonfe's PI & Htg 505 Randolph Ave, St Paul $60 *Metro Htg & Cool 255 Roselawn Ave, Maplewood $60 *Master Mechanical 1027 Gemini Rd, Eagan $60 *Affordable Comfort 6510 Hwy 36, Oakdale $60 *Corval Const 1633 Eustis St, St Paul $60 *Patricki Plumbing 4241 6`" St NE, Col. Hts $60 *Let's Get Graphic 8560 Cottonwood St NW, Coon Rap $60 *Vinco PO Box 907, Forest Lake $60 *The Davey Tree Expert 1500 N Mantua St, Kent OH $60 GAMES OF SKILL -2016 *Breaktime Billiards 4040 Central Ave, Col. Hts. $345 POOL HALL LICENSE *Breaktime Billiards 4040 Central Ave. $100 MISC. CIGARETTE LICENSE *Columbia Market 4901 University Ave $300 *Jerusalem Mkt 4945 Central Ave $300 *O -City Restaurant 4811 Central Ave $300 SMOKE SHOP *Hookah Kingdom 4921 Central Ave $300 FUEL DISPENSING DEVICES *University Auto 5257 University Ave $80 59 Page 2 City of Columbia Heights - Council Letter AUTO SALES *David's Auto Sales 573 40th Ave NE $300 CLUB LIQUOR/TEMP LIQ *VFW Post #230 4446 Central Ave $700 WINE /BEER LICENSE *Miller's Corner Bar 547 401 Ave NE $1,600 *Royal Orchid 4022 Central Ave $1,600 *Jimmy's Breaktime Billiards 4040 Central Ave $2,400 LIQUOR/SUNDAY LIQUOR *LaCasita Rest 5085 Central Ave $6,700 *Sarna's Rest 3939 University Ave $6,700 SECONDHAND DEALER LIC. *TVI Inc. dba Savers 4849 Central Ave $100 *Apogee Retail dba Unique 2201 37th Ave $100 MASSAGE BUS & INDIVIDUAL * Zentral Massage 3986 Central Ave $100 *Alec Vongkaysone 3986 Central Ave $100 *Phakathip Onsri 3986 Central Ave $100 ME Page 3 LO T- C) (Y) (D m E (D 0 zi IL 0 (D z ui LLJ C) Z D 0 .1 U) < LLJ 0 LLJ co Z 0 Z 2 Z < D LL —i 0 LL 0 C) 0 LL o Z o 0) E N E 0 > 0 a) E C- 4- 0 TT 4- (o a) ui a) r a) m cu :D 0 0 LL 0 a) .I_- a) co cn cu cn LO 0) cu U) m a) N L- cu bg -C a) 0 4- M = A) -1.- 0 U) E cu m 4- 0 0 a) 4- -C C: a) LO a) 0 T-- c c x cu 0 0 :3 0) a) 0 'o cu a) aS) M cr) > a) cu C a) > U-) cn 0 a) a) -503 E a) 0 -0 cn a) >S . to 0 2 'o I N ua W * x H (7 x FC * O a * * H wx Ci fc� U H 7 0 * * U?+ U H o O o o * * a u 31 * * U >,oLn El a * * U) � r •� o * * H to * * * * * * H H H * cn a ',0 * a �4 �4uH�-,�4 �Az4H�-,uH�,H * * H U *0000 U M z z ro n �4 * * z a 0 * * D o U 4-) * zzzz* O m m * * U Ln 0>1 * * x x * o N * * N U * W W W W* N G a * * N �4 * aaaa* a * u zs * -) * * * * * C 0 �4 W r 0 * * * * * * G * * b 3 W O * * +-) V) 0lz� Q4 o E, .. * * H N H 0 to M * * E, +) U . . . . . . . . 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AGENDA SECTION PUBLIC HEARINGS ITEM NO. 8A MEETING DATE NOVEMBER 23, 2015 ITEM: CenturyLink Franchise Agreement Public Hearing DEPARTMENT: Administration CITY MANAGER'S APPROVAL:. ;t� �- BY/DATE: Kelli Bourgeois; 11/19/15 BY /DATE: W BACKGROUND: On May 111h of this year the City Council authorized staff and the City's cable attorney to negotiate a franchise agreement with CenturyLink. After many months of negotiations we thought we had a draft agreement ready for City Council to consider at a public hearing at the November 23rd. The last details of the agreement have taken a little longer than hoped, so the franchise agreement will not be ready for public hearing on the 23rd. STAFF RECOMMENDATION: Since we published notice of the hearing staff requests the City Council open the public hearing and then continue action on the request to the December 14th meeting. RECOMMENDED MOTION(S): Recommended Motion to continue the Public Hearing for Consideration of a Cable Television Franchise with CenturyLink until December 14, 2015. W AGENDA SECTION PUBLIC HEARINGS ITEM NO. 8B MEETING DATE NOVEMBER 23,2015 ITEM-TAdopt Resolution For Abatement DEPARTMENT: Fire CITY MANAGER'S APPROVAL-_,_L/_,"' BY/DATE: Gary Gorman BY/DATE: \Im \�- STAFF RECOMMENDATION: Declaration of nuisance and abatement of violations within the City of Columbia Heights is requested regarding properties at: 2015-90 – 4801 Jefferson Street N. E. for failure to meet the requirements of the Property Maintenance Code. RECOMMENDED MOTION(S): Move to close the public hearing and tO waive the reading OfResolution Number 2015-90, there being ample copies available to the public. Move to adopt Resolution Number 2015-90 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 properties pursuant to City Code section 8.206. ATTACHMENTS: 2015-90: Council Resolution —Declaration of Nuisance on 4801 Jefferson Street N. E. 70 RESOLUTION NO. 2015 -90 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 Christopher J. Roberts (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4801 Jefferson Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 30, 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 September 28, 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 November 5, 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 November 17, 2015, inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair, replace or remove damaged fence on north and east sides. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(6). CONCLUSIONS OF COUNCIL 1. That the property located at 4801 Jefferson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 71 City of Columbia Heights - Council Resolution ORDER OF COUNCIL 1. The property located at 4801 Jefferson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of , 2015 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Nancy Becker, Council Secretary Pro Tern 72 Page 2 AGENDA SECTION PUBLIC HEARINGS ITEM NO. 8C, 8D, 8E MEETING DATE NOVEMBER 23, 2015 ITEM: Adopt Resolution for Revocation DEPARTMENT: Fire CITY MANAGER'S APPROVAL: BY /DATE: Gary Gorman BY /DATE: �'ir j iti • t 00 •1 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at: 2015 -91— 4906 Tyler Street N. E. 2015 -92 -5057 University Avenue N. E. 2015 -93 -3906 Tyler Street N. E. for failure to meet the requirements of the Property Maintenance Codes. RECOMMENDED MOTION(S): Move to close the public hearing and to waive the reading of Resolution Numbers 2015 -91, 2015 -92, and 2015 -93, being ample copies available to the public. Move to adopt Resolution Numbers 2015 -91, 2015 -92, and 2015 -93, being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. ATTACHMENTS: 2015 -91: Council Resolution — Rental Violations NOT Corrected on 4906 Tyler Street N.E. 2015 -92: Council Resolution — Rental Violations NOT Corrected on 5057 University Avenue N.E. 2015 -93: Council Resolution — Rental Violations NOT Corrected on 3906 Tyler Street N. E. 73 t • i Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain property rental license held by Om Parkash and Arun Bedi (Hereinafter "License Holders "). Whereas, license holders are the legal owners of the real property located at 4906 Tyler Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holders on October 9, 2015, of a public hearing to be held on November 23, 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 August 31, 2015, inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owners at the address listed on the Rental Housing License Application. 2. That on October 8, 2015, inspectors for the City of Columbia Heights performed a re- inspection and noted that violations remained uncorrected. A statement of cause was mailed via regular mail to the owners at the address listed on the rental housing license application. 3. That on October 29, 2015, inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Numerous rental license violations remain uncorrected. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F14773 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. 74 City of Columbia Heights - Council Resolution Passed this day of , 2015 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Nancy Becker, Council Secretary Pro Tern 75 Page 2 RESOLUTION NO. 2015 -92 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain property rental license held by Osama Abdel -Kerim (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 5057 University Avenue N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 22, 2015 of a public hearing to be held on November 23, 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 September 1, 2015, inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on October 22, 2015, inspectors for the City of Columbia Heights performed a re- inspection and noted that violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on November 12, 2015, an extension was granted as requested by the License Holder in order to correct the violations. 4. That on November 16, 2015, inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 5. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Rental violations remain uncorrected. Shall remove dead tree (and all of the tree stumps) to within 2 -4 inches below ground level. 6. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F14837 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 76 City of Columbia Heights - Council Resolution Page 2 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2015 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Nancy Becker, Council Secretary Pro Tern 77 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain property rental license held by Jordan Gall (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 3906 Tyler Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 9, 2015 of a public hearing to be held on November 23, 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 September 10, 2015, inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on October 13, 2015, inspectors for the City of Columbia Heights performed a re- inspection and noted that violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on November 9, 2015, inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. Rental license violations (electrical connection and lighting) remain uncorrected. b. Reinspection fee remains unpaid. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). • � � *IiMilll 1. The rental license belonging to the License Holder described herein and identified by license number F14878 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. 78 City of Columbia Heights - Council Resolution Passed this day of , 2015 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Nancy Becker, Council Secretary Pro Tern 79 Page 2 AGENDA SECTION PUBLIC HEARING ITEM NO. 8F MEETING DATE NOVEMBER-23,2015 • • i • 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. DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: �Q �;fv , BY /DATE: Elizabeth Holmbeck, November 19, 2015 BY /DATE: 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. 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. ATTACHMENTS: Ordinance No. 1623 ao 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 I, 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. m 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. • 27003C0384E • 27003C0392E • 27003C0403E • 27003C0411E 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 82 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 83 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. 84 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. 85 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 a bove. 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. I 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. a 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. 88 (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 floodway 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. 89 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 floodproofed 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. .o 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 a 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 convey or 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 92 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: 93 (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 94 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: 95 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. 96 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; 97 (b) The danger that materials may be 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 W 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 ... 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. me 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: Roll Call: Second Reading Offered by: Seconded by: Roll Call: Date of Passage: November 9, 2015 All Ayes November 23, 2015 Mayor Gary L. Peterson ME Attest: Nancy Becker Council Secretary, Pro Tem 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 MU 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 SUMMARY OF ORDINANCE NO. 1623 This Ordinance adopts a model Floodplain Ordinance, provided by the Minnesota Department of Natural Resources. This Ordinance regulates development in the flood hazard areas of Columbia Heights, Minnesota. The purpose of this Ordinance is to promote the public health, safety, and general welfare by minimizing losses and disruptions in flood hazard areas. This Ordinance addresses potential conflicts with other City Ordinances, delineates floodplain districts and establishes permitted uses and standards for each district, outlines land development standards, provides provisions for variances, regulates non - conformities and outlines penalties for violations. This is a summary of Ordinance No. 1623. A printed copy of the entire text of the Ordinance is available for inspection by any person during regular office hours at the office of the City Planner, or by standard or electronic mail. Ordinance No. 1623 was adopted by the City Council of Columbia Heights on November 23, 2015. Mayor Gary L. Peterson Attest: Nancy Becker Council Secretary, Pro Tern 103