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HomeMy WebLinkAbout10-09-2017 CCPColumbia Heights *Awrin 6iq 2016 1. CALL TO ORDER /ROLL CALL CH COLUMBIA HEIGHTS www.columbiaheightsmn.gov AGENDA CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 590 40th AVE NE MONDAY, OCTOBER 9, 2017 7:00 PM (Following the EDA Meeting) 2. INVOCATION Invocation provided by Rachel James, First Lutheran Church 3. PLEDGE OF ALLEGIANCE Mayor Donna Schmitt Councilmembers Robert Williams John Murzyn, Jr. Connie Buesgens Nick Novitsky City Manager Walter R. Fehst 4. MISSION STATEMENT Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally - responsible manner. 5. APPROVAL OF AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Proclamation recognizing ME Global Inc. for 100th Anniversary pg 4 B. Polish American Heritage Month pg 5 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 September 25, 2017 pg 6 MOTION: Move to approve the minutes of the City Council Assessment Hearings, October 2, 2017 pg 16 B. Accept Board & Commission Meeting Minutes MOTION: Move to accept the Planning & Zoning Commission meeting minutes from September 6, 2017 pg 25 MOTION: Move to accept the Library Board meeting minutes from September 6, 2017 pg 44 C. Second Reading of Ordinance 1642, Conveyance of Certain Real Property to the EDA MOTION: Move to waive the reading of Ordinance No. 1642, there being ample copies available to the pg 46 public. MOTION: Move to adopt Ordinance No. 1642, being an ordinance authorizing the conveyance of certain real property located at 4201 Jefferson Street NE. D. Contract #2017 -2799 Change Order pg 50 MOTION: Move to approve the change order request submitted by Kamish Excavating for the additional costs incurred from the excavation and disposal of the transite asbestos piping in the amount of $1,019.00. E. Approve Actions of the Columbia Heights Volunteer Firefighters Relief Association pg 52 MOTION: Move to approve the changes to the Columbia Heights Volunteer Firefighters Relief Association Bylaws, Compensation Policy, and Investment Policy as approved by the Columbia Heights Volunteer Firefighters Relief Association Board of Trustees and general membership. F. Approve Gambling Permits, Immaculate Conception Church pg 76 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 Immaculate Conception Church to conduct bingo and a raffle at their event being held November 19, 2017 at 4030 Jackson Street 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. 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 Immaculate Conception Church to conduct bingo and a raffle at their event being held March 18, 2018 at 4030 Jackson Street 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. G. Resolution 2017 -103 amending the Budget for City Project 1609 and Authorizing Purchase Agreements to Furnish and Equip the Circle Terrace Park Building. pg 89 MOTION: Move to waive the reading of Resolution 2017 -103, there being ample copies available to the public. MOTION: Move to adopt Resolution 2017 -103, amending the budget for City Project 1609 and authorizing purchase agreements to furnish and equip the Circle Terrace Park Building. H. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for October 9, 2017. pg 92 I. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has pg 94 received the list of claims paid covering check number 167578 through 167758 in the amount of $1,331,413.88 MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS A. Adopt Resolution For Emergency Abatement pg 102 MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2017 -98, being ample copies available to the public. MOTION: Adopt Resolution Number 2017 -98, being declarations of nuisance and emergency abatement of violations within the City Council of the City of Columbia Heights regarding property 4329 Main St. N.E. K B. Consideration of Resolution No. 2017 -90 approving a Site Plan for the properties located at 1069 pg 104 Grandview Way & 4729 Grand Avenue NE. MOTION: Move to waive the reading of Resolution No. 2017 -90 there being ample copies available to the public. MOTION: Move to approve Resolution 2017 -90, being a resolution approving the Site Plan of the properties located at 1069 Grandview Way and 4729 Grand Avenue NE, subject to certain conditions of approval. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Report of the City Manager Report of the City Attorney 11. COMMUNITY FORUM At this time, individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form for the Council Secretary's record, and limit their comments to five minutes. Individuals are asked to state their name for the record. The City Council will listen to the brief remarks, ask clarifying questions, and if needed, request staff to follow up or direct the matter to be added to an upcoming agenda. Generally, the City Council will not take official action on items raised at the Community Forum at the meeting in which they are raised. 12. ADJOURNMENT 4,� —441— Walt Fehst, y M nager Auxiliary aids or other accommodations for disabled persons are available upon request when the request is made at least 48 hours in advance. Please contact the City Clerk at 763 - 706 -3611 or kbruno @columbiaheightsmn.gov, to make arrangements. 7'YOCl�zynRtion 'WHEREAS, in October, 1917, Minneapolis Electric Steel Casing Company was started at 3800 WE 5th Street here in Columbia .Sleights by Sheldon Wood, and 'WHEREAS, The Wood family owned and operated the steel foundry until197i when it was sold to Evans Products Company; and - WHEREAS, in 2001, the Elecmetalgroup of Santiago, Chile became the current owners; and WHEREAS, the name of the business has changed over the years, to their current name ME Global Inc. (d6a ME Elecmetao, the "ME" has al nays survived and has continuously operated here in .Minnesota since 1917 -first in Columbia .Sleights, with operations now in Duluth, Minnesota; Tempe, .Arizona; Santiago, Chile; andChangzhou, China. 'WHEREAS, during the past loo years, ME Globallncorporated has expanded with two US Plants; Duluth, MN and Tempe, AZ and 35o employees. Their corporate offices are located at 3901 University .Ave. NE, and - WHEREAS, the business focuses on theproduction of impact andabrasion resistant castings for the world-wide mineralprocessing industries where they extract minerals ranging from taconite in northern Minnesota, to copper in Arizona and Chile, andgold in numerous countries in .Africa, with customers operating mines on six continents around the world, and 'WHEREAS, today we celebrate ME Globallncorporateds centennial anniversary andpay tribute to the success of this homegrown, worldwide business. NOW, THEREFORE, 1, Donna Schmitt, Mayor of the City of Columbia Heights, do hereby proclaim Iluesday, October 10, 2017, as: " ME ECecmetaCDay" in the City of Columbia Heights and urge all citizens to join me in congratulating ME Global Incorporated for loo years of excellence and extending best wishes for many continued years of outstanding growth. Proclaimed this 91 day of October 2017 Mayor Donna Schmitt, City of Columbia Heights 4 PROCLAMATION OCTOBER — 2017 ...................POLISH AMERICAN HERITAGE MONTH ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, October is Polish- American Heritage Month, a national celebration of Polish Heritage founded in Philadelphia, Pennsylvania, in the Year 1981 to bring attention to the contributions of Poles and Polish Americans to the United States and the World. WHEREAS, our Columbia Heights, MN /Lomianki, Poland, Sister Cities, International, organization is celebrating its 26th Anniversary actively promoting global, peaceful, People -to- People relationships. WHEREAS, we enjoy a special bond of friendship with Lomianki, Poland, that is marked by various humanitarian projects; educational, cultural, civic programs; and people exchanges. WHEREAS, we are proud that various Sister Cities' members have volunteered their time and talents to assist in various ways in Lomianki and Poland at their own expense, namely: Gloria and Thomas Bergstrom, Phyllis Husted and John Bieniek, Gregory and Sandra Logacz, Mary Gerde, and Eric R. Strand. WHEREAS, Phyllis and John, Gregory and Sandra recently represented Columbia Heights again at the annual September commemorative ceremonies in Lomianki in honor of the American Flyers of the US Air Force B -17 "I'll Be Seeing You ". They also attended the incredible re- enactment of the 1939 Battle of Lomianki when Nazi Germany invaded Poland. This awesome spectacle is witnessed by thousands of spectators and some of it may be viewed on the Internet. WHEREAS, our local organization was AGAIN recognized by Sister Cities, International, Washington, DC, for their NATIONAL AWARD for the BEST OVERALL ANNUAL PROGRAM OF ACTIVITIES for Communities under 25,000 population. This is the second time in three years that we have been so honored and recognized — unique in the Sister Cities' organization. WHEREAS, the global conference for Sister Cities, International, held in Virginia Beach, Virginia, in mid July, 2017, was attended by MN /SCI State Representative Karen Karkula and Founder /Co Chair Dolores Strand. These members were presented with the Best Overall Program Award for our organization at the SCI prestigious award banquet. Both of these awards will be on display at the Columbia Heights Public Library during the month of October. "General" Edward and Ceil Sikorski coordinate the Polish displays of posters and artifacts at our public library for the month of October. WHEREAS, the World War Two documentary, "Frantic 7 ", written by our friend in Warsaw, Jerzy Szczesniak, is being published in English and available for advance orders from Amazon for December, 2017, delivery. Our Sister Cities' organization paid $4,000.00 to have the original Polish version translated for American readers. This unique book project is also a first for Sister Cities' organizations. WHEREAS, Co Chair Gloria Bergstrom is coordinating a current project collecting books in English for Lomianki's schools and library. Member Patricia Sowada continues to facilitate an original art greeting card exchange between Highland Elementary and Lomianki's grade schools. WHEREAS, we are sponsoring the Showcase for Young Artists for the 11th consecutive year for students ages 13 -18 years. The Open House for the public will be held at the Columbia Heights High School in April, 2018. Several of our students have been NATIONAL WINNERS in past years. WHEREAS, our October 10th, 2017, meeting will be held in the community room of the Columbia Heights Public Library at 7:00 pm. OPEN TO THE PUBLIC. NOW, THEREFORE, BE IT PROCLAIMED, that I, DONNA SCHMITT, MAYOR of the CITY OF COLUMBIA HEIGHTS, MINNESOTA, do hereby designate October, 2017, as: POLISH AMERICAN HERITAGE MONTH in Columbia Heights, Minnesota. (Seal) Mayor Donna Schmitt October 9th, 2017 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING SEPTEMBER 25, 2017 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday September 25, 2017 in the City Council Chambers, City Hall, 590 40th Ave. N.E., Columbia Heights, Minnesota 1. CALL TO ORDER /ROLL CALL Mayor Schmitt called the meeting to order at 7:02 p.m. Present: Mayor Schmitt, Councilmember Williams, Councilmember Buesgens, Councilmember Murzyn, Jr. and Councilmember Novitsky Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Kevin Hansen; Public Works Director, John Larkin; Assistant Fire Chief, Keith Dahl; Economic Development Manager, and Katie Bruno; City Clerk /Council Secretary 2. INVOCATION Invocation provided by Councilmember Williams 3. PLEDGE OF ALLEGIANCE 4. MISSION STATEMENT, Read by Mayor Schmitt. Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally - responsible and customer friendly manner. 5. APPROVAL OF AGENDA Mayor Schmitt announced the addition of a motion to Item 9Ca, amending the 2017 budget, prior to the listed motion. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to approve the agenda as amended. All Ayes, Motion carried. 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 7. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of September 11, 2017 B. Adopt Resolution 2017 -97 being a Resolution Accepting Bids and Awarding the Contract for 2017 Sanitary Sewer Lining, City Project No. 1704 MOTION: Move to waive the reading of Resolution 2017 -97, there being ample copies available to the public. City Council Minutes September 25, 2017 Page 2 of 10 MOTION: Move to adopt Resolution 2017 -97, being a resolution accepting bids and awarding the contract for 2017 Sanitary Sewer Lining, City Project No. 1704, to Hydro - Klean, Inc. of Des Moines, Iowa based upon their low, qualified, responsible base bid for lining in the amount of $86,169.80, with funds to be appropriated from Fund 652 - 51704 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same C. Final Payment for Zone 1 and City Parking Lot Seal Coat MOTION: Move to accept the work for 2017 Seal Coat, City Project No. 1601 (Zone 1) and Project No. 1401 (Parking Lot Preservation), and authorize final payment of $6,242.74 to Pearson Bros, Inc. of Hanover, Minnesota D. Consideration of approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for September 25, 2017, in that they have met the requirements of the Property Maintenance Code. E. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for September 25, 2017. F. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 167400 through 167577 in the amount of $849,123.15 Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to approve the Consent Agenda items as presented. All Ayes, Motion carried. 8. PUBLIC HEARINGS PUBLIC HEARINGS A. First Reading of Ordinance 1642, Conveyance of Certain Real Property to the EDA Keith Dahl, Economic Development Manager reported the property was acquired by the City in 2016. It was the intent of City Council to demolish the dilapidated residential structure and incorporate the vacant lot into the Single Family Home Lot Sales Program administered by the EDA. Now that the residential structure has been demolished the City Council may convey the Subject Property to the EDA for incorporation into the Single Family Home Lot Sales Program, and for the construction of a single - family, owner occupied home. Motion by Councilmember Buesgens, seconded by Councilmember Williams to waive the reading of Ordinance No. 1642, there being ample copies available to the public. All Ayes, Motion carried. Motion by Councilmember Buesgens, seconded by Councilmember Williams to schedule the second reading of Ordinance No. 1642, being an ordinance authorizing the conveyance of certain real property located at 4201 Jefferson Street NE, for October 9, 2017 at approximately 7:00 P.M. in the City Council Chambers. All Ayes, Motion carried. B. Consideration of declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding the properties at 1433 46th Avenue NE, 3849 Hayes Street City Council Minutes September 25, 2017 Page 3 of 10 NE, and 49514th Street NE for failure to meet the requirements of the Residential Maintenance Code. John Larkin, Assistant Fire Chief reported all three properties have failed to comply with the removal of diseased or dead trees. Larkin reported letters have been sent to the property owners detailing the process. Mayor Schmitt questioned if there are more trees this year than in prior years. Kevin Hansen, Public Works Director reported the numbers are slightly up this year; 180, compared to the typical 150. Hansen noted that Emerald Ash Borer has not been identified in the city. Motion by Mayor Schmitt, seconded by Councilmember Buesgens to close the public hearing and to waive the reading of Resolution Numbers 2017 -93, 2017 -94, and 2017 -95, there being ample copies available to the public. All Ayes, Motion carried. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to adopt Resolution Numbers 2017 -93, 2017 -94, and 2017 -95, being resolutions of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. All Ayes, Motion carried. C. Consideration of revocation of the license to operate a rental unit within the City of Columbia Heights is requested against the rental property at 4639 Washington Street NE for failure to meet the requirements of the Residential Maintenance Codes. John Larkin, Assistant Fire Chief reported the property owner has not submitted their application or fees. Motion by Mayor Schmitt, seconded by Councilmember Novitsky to close the public hearing and to waive the reading of Resolution Number 2017 -96, being ample copies available to the public. All Ayes, Motion carried. Motion by Councilmember Buesgens, seconded by Councilmember Williams to adopt Resolution Number 2017 -96, being 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. All Ayes, Motion carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports a. City Hall Master Plan Kevin Hansen, Public Works Director reported the council identified "the establishment of a City Hall Master Plan" as one of their goals. Hansen indicated the creation of a master plan would involve: • Site Evaluation and Selection • Site Assessment and Site Development • Concept Layout Development • Develop preliminary building systems. • Develop site cost comparisons for each site. • Develop a detailed cost estimate based on the preferred site. • Develop funding scenarios based on the detailed cost estimate. 8 City Council Minutes September 25, 2017 Page 4 of 10 Hansen indicated that because Leo A. Daly prepared a similar study for the library, they are familiar with the City. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to amend the 2017 Budget, amending fund 411, providing $22,500 of funding for the City Hall Master Plan. All Ayes, Motion Carried. Motion by Councilmember Buesgens, seconded by Councilmember Williams to accept the proposal from Leo A. Daly in the amount of $22,500, plus reimbursables, for the preparation of a Master Plan, including construction cost estimates for a new City Hall, and authorize the Mayor and City Manager to enter into an Agreement for the same. Funding will be provided from the 411 fund. All Ayes, Motion carried. 10. CITY COUNCIL AND ADMINISTRATIVE REPORTS Councilmember Buesgens attended a HeightsNext event, they hosted a speaker from Longfellow Transition, she attended the Comp Plan Open House, the Circle Terrace Eat and Greet, the HeightsNext plant exchange, and the Fire Department Open House. A Girl Scout troop from St. Matthew's church toured her gardens. Councilmember Williams attended the Circle Terrace Eat & Greet and the Crest View fundraiser. Councilmember Murzyn, Jr. attended the Circle Terrace Eat & Greet, the Fire Department Open House, and the Flag Retirement ceremony at the VFW. Councilmember Novitsky attended the Circle Terrace Eat & Greet, the Lions Club hosted Bridgeview Speakers, and an art show at Community Grounds. It was announced that the 2018 Walk for Apraxia will be held at Sullivan Park in September, 2018. Mayor Schmitt attended the Kiwani's picnic, the Multi- cultural Advisory Committee meeting, and the North Metro Mayor's Association 30th Anniversary Dinner. City Manager Walt Fehst reminded the council that the Council Police Academy will begin September 26tH Firehouse Gym will be hosting Fights in the Heights on September 29th at Murzyn Hall. Two Community Service Officers; Darry Jones and Troy Vaughn will be graduating from the Pathways Program at Hennepin Technical College on September 29th 11. CITIZENS FORUM DeWayne Morrell -4212 Reservoir Blvd. indicated he does not agree with the City's trash container policy. Mayor Schmitt suggested Mr. Morrell speak to Director Hansen for clarification. Mr. Morrell commented that he has noticed a distinct improvement in recent changes brought to the city by the council. Mohamed Hassan -4557 Madison St NE indicated he would like to appeal a recent invoice of $469.00 for cleanup of his property. John Larkin, Assistant Fire Chief reported the process was followed, and he even contacted the owner to give him notice of when the contractor was coming. Councilmember Buesgens reminded the property owner of their responsibility to keep their properties maintained. City Council Minutes September 25, 2017 Page 5 of 10 James Edward -4422 Monroe St NE requested the inspections department look at various properties on his block, as there are violations. 12. ADJOURNMENT Motion by Councilmember Murzyn, Jr., seconded by Councilmember Novitsky to adjourn. All Ayes, Motion carried, Motion Carried. Meeting adjourned at 7:51 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk RESOLUTION NO. 2017-93 A 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 John Szurek (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 1433 46th Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 29, 2017. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on July 21, 2017, 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 August 29, 2017, inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 13, 2017, 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 remove tree stump to within 2 -4 inches below ground level. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). 10 City Council Minutes September 25, 2017 Page 6 of 10 CONCLUSIONS OF COUNCIL 1. That the property located at 1433 46th Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1433 46th Avenue 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. RESOLUTION NO. 2017 -94 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 Hakim AI- Salihi (hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 3849 Hayes 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 August 29, 2017. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 6. That on July 21, 2017, an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 7. That on August 29, 2017, inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 8. That on September 13, 2017, inspectors re- inspected the property and found that violations remained uncorrected. 9. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Per the city forester, it has been determined that the 4 dead cottonwood trees and the dead maple tree located in the front yard must be removed. Shall remove any subsequent tree stumps to within 2 -4 inches below ground level. liff City Council Minutes September 25, 2017 Page 7 of 10 10. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(6). CONCLUSIONS OF COUNCIL 4. That the property located at 3849 Hayes Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 5. 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. 6. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 3. The property located at 3849 Hayes Street N.E. constitutes a nuisance pursuant to City Code. 4. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION NO. 2017 -95 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 Dennis Stallberger (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 49514 th 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 August 24, 2017. 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 11. That on July 19, 2017, 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. 12. That on August 24, 2017, 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. 13. That on September 14, 2017, inspectors re- inspected the property and found that violations remained uncorrected. 14. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: 12 City Council Minutes September 25, 2017 Page 8 of 10 A. Shall remove the tree stump to within 2 -4 inches below ground level. 15. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 7. That the property located at 4951 4th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 8. 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. 9. That all applicable rights and periods. of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 5. The property located at 49514th Street N.E. constitutes a nuisance pursuant to City Code. 6. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION NO. 2017 -96 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 Angel Bermeo (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4639 Washington 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 September 7, 2017 of a public hearing to be held on September 25, 2017. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about August 7, 2017, inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 7, 2017, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: 13 City Council Minutes September 25, 2017 Page 9 of 10 a. Failure to submit renewal rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F15629 is hereby revoked; 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; 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. RESOLUTION NO. 2017 -97 A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, pursuant to an advertisement for bids for City Project No. 1704, Sanitary Sewer Lining bids were received, opened and tabulated according to law. 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: FIN The following bids were received complying with the advertisement: Bidder Hydro -Klean Insituform Technologies USA, LLC Lametti & Sons, Inc. Veit & Company, Inc. DINGS OF FACT Base Bid $ 86,169.80 $ 95,372.40 $ 110,849.50 $ 110,849.50 It appears that Hydro -Klean of Des Moines, Iowa is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Hydro -Klean in the name of the City of Columbia Heights, for the 2017 Sanitary Sewer Lining, City Project No. 1704, according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. City Project No. 1704 shall be funded from the Sanitary Sewer Construction Fund. 14 City Council Minutes September 25, 2017 Page 10 of 10 ORDINANCE NO. 1642 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY BY THE CITY OF COLUMBIA HEIGHTS TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY LOCATED AT 4201 JEFFERSON STREET NE. The City of Columbia Heights does ordain: SECTION 1: The City of Columbia Heights, a Minnesota municipal corporation, may convey unto the Columbia Heights Economic Development Authority, the real property described as follows, to wit: 4201 Jefferson Street NE: Lot 16, Block 32, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, according to the recorded plat thereof. SECTION 2: The Mayor and the City Manager are herewith authorized to execute a deed to effectuate the conveyance of said real property. 15 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS ASSESSMENT HEARING OCTOBER 2, 2017 The following are the minutes for the Assessment Hearing meeting of the City Council held at 6:00 PM on Monday October 2, 2017 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota 1. CALL TO ORDER Mayor Schmitt called the meeting to order at 6:00 p.m. 2. ROLL CALL Present: Mayor Schmitt, Councilmembers Williams, Murzyn, Jr., Buesgens and Novitsky Also Present: Walt Fehst; City Manager, Kevin Hansen; Public Works Director, Kathy Young; Assistant City Engineer, Katie Bruno; City Clerk /Council Secretary 3. SPECIAL ASSESSMENT LEVY HEARING: 2017 SEAL COAT PROGRAM A. Street Seal Coat Project 1) Presentation of Information on Seal Coat Project by Staff Director of Public Works Kevin Hansen gave an overview of the project. Assessment rates are unchanged from the Improvement Hearing; $306 for street rate and $102 for avenue rate. Hansen indicated if the council intends to lower the interest rate from the proposed 5 %, he and the Finance Director would suggest 3.5 %; consistent with the 2016 assessment interest rate. 2) Questions and Comments on Seal Coat Project Duane Anderson -1314 45%2 questioned why he was being assessed twice. Director Hansen explained the city's assessment policy; clarifying that all properties pay both a street and avenue assessment. A resident at 4555 Taylor requested clarification on the City's assessment policy. He also commented on the increased traffic on Taylor. Director Hansen said the city will look into it. B. Close the Public Hearing Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to close the Public Hearing of the 2017 Street Seal Coat, Project 1601. All Ayes, Motion Carried. C. Consideration of Resolution Motion by Councilmember Buesgens, seconded by Councilmember Williams to waive the reading of Resolution 2017 -102, there being ample copies available for the public. All Ayes, Motion Carried. 91 Motion by Councilmember Buesgens, seconded by Councilmember Williams to adopt Resolution 2017 -102 being a resolution levying and adopting the assessment for 2017 Zone 1 Street Seal Coat Improvement, City Project 1601, and changing the interest rate to 3.5 %. All Ayes, Motion Carried. 4. CERTIFY PETITION AND WAIVER ASSESSMENTS A. Water Service Curb Box and /or Curb Stop Replacement for Water Main Construction on Main Street Director of Public Works Kevin Hansen reported as part of the water main construction project it was necessary for all property owners to have operating stop boxes. Two property owners (4121 and 4129 Main Street) have elected assessments. It is necessary to set the interest rate and adopt the resolution at this time in order to certify the Petition and Waiver assessments to Anoka County. B. Consideration of Resolution Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Resolution 2017 -101, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Novitsky to adopt Resolution 2017 -101, being a resolution to certify 2017 Petition and Waiver assessments to Anoka County for collection with real estate taxes and changing the interest rate to 3.5 %. All Ayes, Motion Carried. S. ADJOURNMENT Meeting adjourned at 6:16 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk RESOLUTION NO. 2017 -101 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, property owners petitioned the City Council for certain improvements and waived their rights for public hearings and appeals as provided in Minnesota State Statute; and, WHEREAS, said improvements have been completed; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such improvements and has prepared an assessment roll therefore, 17 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 Section 1. That this Council does hereby adopt the aforesaid assessment roll for Petition and Waiver Construction Work, included in Project 2017 -MS -30 -015, a copy of which is attached hereto and made a part hereof. Section 2: That said assessments may be paid in part or in full without interest on or before 4:15 p.m. on November 14, 2017. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2018. The annual principal installments, together with the 3.5% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten years. Section 3: This resolution shall take effect immediately upon its passage. RESOLUTION NO. 2017 -102 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights is adopting the assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessment numbered 2017 -Z1 -01 -001: Seal Coat on Peters Place from Gould Avenue to Reservoir Boulevard, Gould Avenue from Central Avenue to Reservoir Boulevard, 41s' Avenue from Dead end to Reservoir Boulevard, 42nd Avenue from Central Avenue to Reservoir Boulevard, 42% Avenue from west Cul -de -sac to east Cul -de -sac, 43rd Avenue from Central Avenue to McLeod Street, Fillmore Street from 42nd Avenue to 42%2 Avenue, Pierce Street from 42%2 Avenue to 43%2 Avenue, McLeod Street from Reservoir Boulevard to 45th Avenue, Royce Street from McLeod Street to 44th Avenue, Leander Lane from Royce Street to 44th Avenue, 45%2 Avenue from Fillmore Street to Cul -de -sac, 46th Avenue from Central Avenue to Fillmore Street, 47th Avenue from Fillmore Street to Johnson Street, Tyler Street from 45th Avenue to 47th Avenue, Polk Street from 45th Avenue to 47th Avenue, Taylor Street from 45th Avenue to 47th Avenue, Fillmore Street from 45th Avenue to 46th Avenue, Pierce Street from 46th Avenue to 47th Avenue, Parkview Lane from 46th Avenue to 46th Avenue, Johnson Street from 46th Avenue to 47th Avenue, all in project 1601; and, WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:00 o'clock p.m. on the 2nd day of October, 2017, in the City Council Chambers, 590 40th Avenue NE, Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been 18 heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, 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 Section 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and described as "Zone 1 Seal Coat" numbered 2017 -Z1- 01 -001, Project 1601, a copy of which is attached hereto and made a part hereof. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed "Actual Assessment Amount ". And this Council further finds and determines that the proper proportion of the cost of such improvements to be specially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessments may be paid in part or in full without interest on or before 4:15 p.m. on November 14, 2017. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2018. The annual principal installments, together with 3.5% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of one year as designated on the assessment roll. Section 4: That this Council did hereby determine and re- determine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2017 -Z1 -01 -001, Project 1601. Section 5: This resolution shall take effect immediately upon its passage. 19 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS ASSESSMENT HEARING OCTOBER 2, 2017 The following are the minutes for the Assessment Hearing meeting of the City Council held at 6:15 PM on Monday October 2, 2017 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota 1. CALL TO ORDER Mayor Schmitt called the meeting to order at 6:17 p.m. 2. ROLL CALL Present: Mayor Schmitt, Councilmembers Williams, Murzyn, Jr., Buesgens and Novitsky Also Present: Walt Fehst; City Manager, Joe Kloiber; Finance Director, Katie Bruno; City Clerk /Council Secretary 1. PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENT ROLL AND SPECIAL ASSESSMENT LEVY FOR DELINQUENT ACCOUNTS IDENTIFIED WITH THE FOLLOWING PROJECT NUMBERS: P.I.R. 2017 -MS -30 -001 P.I.R. 2017 -MS -30 -002 P.I.R. 2017 -MS -30 -003 P.I.R. 2017 -MS -30 -004 P.I.R. 2017 -MS -30 -005 P.I.R. 2017 -MS -30 -006 P.I.R. 2017 -MS -30 -007 P.I.R. 2017 -MS -30 -008 P.I.R. 2017 -MS -30 -009 P.I.R. 2017 -MS -30 -010 P.I.R. 2017 -MS -30 -011 P.I.R. 2017 -MS -30 -012 P.I.R. 2017 -MS -30 -013 P.I.R. 2017 -MS -30 -014 P.I.R. 2017 -MS -30 -015 A. Presentation by City Staff Providing Background Information. Joe Kloiber, Finance Director reported annually, staff recommends that the City Council adopt a special assessment levy to collect miscellaneous charges on customer accounts that have reached the delinquent stage within the past year. These services include water, sewer, refuse, weed cutting, tree removal, stop box repair /replacement, nuisance /hazard abatement, etc. In prior years, the Council has adopted a one -year payment period for this type of assessment. This year, staff recommends that tree removal and stop box repairs over $500 be assessed over a ten -year period, in order to provide the same terms currently offered if this work was performed under a City utility rehabilitation project. Kloiber suggested a 3.5% interest rate, as adopted in the previous assessment hearings. B. Questions /Comments from City Council and the Public. Nathan Konkler -4902 Jefferson St NE explained to the council that he was not aware of the assessment when he purchased his property in May of 2016. Director Kloiber indicated he will research the notification history. 20 C. Recommended Motions: Motion by Councilmember Murzyn, Jr., seconded by Councilmember Novitsky to waive the reading of Resolution 2017 -99, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Mayor Schmitt, seconded by Councilmember Murzyn, Jr. to adopt Resolution 2017 -99, being a resolution to adopt an assessment roll and levy a special assessment with a one -year term for certain delinquent accounts, and changing the interest rate to 3.5 %. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Novitsky to waive the reading of Resolution 2017 -100, there being ample copies available to the public. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Buesgens to adopt Resolution 2017 -100, being a resolution to adopt an assessment roll and levy a special assessment with a ten -year term for certain delinquent accounts, and changing the interest rate to 3.5 %. All Ayes, Motion Carried. 2. ADJOURN Meeting adjourned at 6:27 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk RESOLUTION NO. 2017 -99 A resolution of the City Council for the City of Columbia Heights, Minnesota, to adopt an assessment roll and levy a special assessment with a one -year term for certain delinquent accounts. WHEREAS, one or more services required by city ordinance, including water, sewer, refuse, weedcutting, tree removal, stop box repair /replacement and abatement of nuisance /hazardous conditions, and numbered as projects P.I.R. 2017 -MS -30 -001 P.I.R. 2017 -MS -30 -002 P.I.R. 2017 -MS -30 -005 P.I.R. 2017 -MS -30 -006 P.I.R. 2017 -MS -30 -009 P.I.R. 2017 -MS -30 -013 P.I.R. 2017-MS-30-010 P.I.R. 2017 -MS -30 -014 P.I.R. 2017 -MS -30 -003 P.I.R. 2017 -MS -30 -004 P.I.R. 2017 -MS -30 -007 P.I.R. 2017 -MS -30 -008 P.I.R. 2017 -MS -30 -011 P.I.R. 2017 -MS -30 -012 have been provided to and benefited the properties listed in the assessment roll below; and, WHEREAS, the charges to said properties for said services are unpaid and delinquent; and, 21 WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:15 p.m. on the 2nd day of October 2017 in the City Council Chamber 590 40th Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to the benefits and cost of providing the services described below, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; therefore, Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL BE IT RESOLVED by the City of Columbia Heights as follows: Section 1. That this Council does hereby adopt the assessment roll below known and described as "Assessment Roll for 2017 Delinquent Accounts (A) ", numbered as projects P.I.R. 2017 -MS -30 -001 P.I.R. 2017 -MS -30 -005 P.I.R. 2017 -MS -30 -009 P.I.R. 2017-MS-30-013 P.I.R. 2017 -MS -30 -002 PA.R. 2017 -MS -30 -006 P.I.R. 2017 -MS -30 -010 P.I.R. 2017 -MS -30 -014 P.I.R. 2017 -MS -30 -003 P.I.R. 2017 -MS -30 -004 P.I.R. 2017 -MS -30 -007 P.I.R. 2017 -MS -30 -008 P.I.R. 2017 -MS -30 -011 P.I.R. 2017 -MS -30 -012 Section 2. That this Council hereby finds and determines that each of the parcels of land enumerated in the assessment roll was and is especially benefited by the services provided. The Council further finds and determines that the proper cost of these services to be especially assessed against each parcel of land is the amount of unpaid delinquent charges for said services. Section 3. That said assessments may be paid in part or in full without interest on or before November 14, 2017. Section 4. Payments will be accepted at Columbia Heights City Hall, 590 40th Avenue N.E. Columbia Heights, Minnesota, on or before November 14, 2017. Any amount unpaid after November 14, 2017, will be certified to the Anoka County Auditor for collection with the real estate taxes as a special assessment beginning with the taxes payable in the year 2018. The annual principal installments, together with 3.5% interest are due and payable with the real estate taxes for a period of one year or less. Section 5. [Removed] Section 6. This resolution shall take effect immediately upon passage. 22 RESOLUTION NO. 2017 -100 A resolution of the City Council for the City of Columbia Heights, Minnesota, to adopt an assessment roll and levy a special assessment with a ten -year term for certain delinquent accounts. WHEREAS, one or more services required by city ordinance, including tree removal or stop box repair /replacement, and numbered as project P.I.R. 2017-MS-30-015 have been provided to and benefited the properties listed in the assessment roll below; and, WHEREAS, the charges to said properties for said services are unpaid and delinquent; and, WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:15 p.m. on the 2nd day of October 2017 in the City Council Chamber 590 40th Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to the benefits and cost of providing the services described below, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; therefore, Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL BE IT RESOLVED by the City of Columbia Heights as follows: Section 1. That this Council does hereby adopt the assessment roll below known and described as "Assessment Roll for 2017 Delinquent Accounts (B) ", numbered as project P.I.R. 2017 -MS -30 -015 Section 2. That this Council hereby finds and determines that each of the parcels of land enumerated in the assessment roll was and is especially benefited by the services provided. The Council further finds and determines that the proper cost of these services to be especially assessed against each parcel of land is the amount of unpaid delinquent charges for said services. Section 3. That said assessments may be paid in part or in full without interest on or before November 14, 2017. Section 4. Payments will be accepted at Columbia Heights City Hall, 590 40th Avenue N.E. Columbia Heights, Minnesota, on or before November 14, 2017. Any amount unpaid after 23 November 14, 2017, will be certified to the Anoka County Auditor for collection with the real estate taxes as a special assessment beginning with the taxes payable in the year 2018. The annual principal installments, together with 3.5% interest are due and payable with the real estate taxes for a period of one year or less. Section 5. Under Minnesota Statutes, Section 435.193 to 435.195, payment may be deferred for any homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments. When deferment has been granted and is terminated for any reason provided by law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting the requirements of this law and City Resolution No. 2016 -130, adopted under it, may apply to the City Clerk on the prescribed form for such deferral of payments of these special assessments. Section 6. This resolution shall take effect immediately upon passage. 24 MINUTES OF PLANNING AND ZONING COMMISSION SEPT 6, 2017 7:00 PM The meeting was called to order at 7:00 pm by Chair Szurek. Commission Members present- Novitsky, Hoium, and Szurek Members Absent: Schill and Fiorendino Also present were Elizabeth Holmbeck (Planner), Joe Hogeboom (Community Development Director), Shelley Hanson (Secretary), Council Liaison, Nick Novitsky, and Jim Hoeft (City Attorney), and Jodi Griffin (CDD Dept). Motion by Hoium, seconded by Novitsky, to approve the minutes from the meeting of July 5th, 2017. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2017 -0901 APPLICANT: Owen Metz, Dominium Development & Acquisitions LLC LOCATION: 1069 Grandview Way and 4729 Grand Avenue REQUEST: Site Plan with Waivers to the Zoning Code Holmbeck stated that Dominium has made a request for Site Plan Review with waivers to certain standards of the Zoning Code, to the City of Columbia Heights, for the properties located at 1069 Grandview Way and 4729 Grand Avenue (Subject Properties). The applicant is requesting approval of the proposed Site Plan in order to allow for 173 units of apartment homes to be located on the subject properties. Specifically, the applicant is proposing to construct two separate buildings on the subject properties with the units divided between the two buildings, approximately 86 or 87 units per building. The proposal calls for, (65) one bedroom apartments with an estimated rent of $939.00, (72) two bedroom units with an estimated rent of $1,126.00, and (36) three bedroom units with an estimated rent of $1,297.00 per month. The buildings will contain amenities such as in unit washer and dryers, clubrooms, fitness facilities, outdoor playgrounds and grilling stations, and some underground parking for each building. The proposal includes three waivers to the Zoning Code: 1. A waiver to the City's density requirement in order to develop 173 units on the proposed site. 2. A waiver to provide fewer parking stalls and not have all the parking stalls enclosed as required by the Zoning Code. 3. A waiver to reduce the minimum width of the development's parking lot drive aisles to 20 feet. ZONING ORDINANCE The subject property is located in the Mixed Use Zoning District. The properties to the north and west are located in the Mixed Use Zoning District and the General Business Zoning District. The properties to the south are located in the R -3 Multiple Family Residential Zoning District and the properties to the east are located in the R -2B Built as Duplexes Zoning District. 25 P & Z Minutes Page 2 Sept 6, 2017 The proposed residential development is a permitted use in the Mixed Use District. The purpose of the Mixed Use Development District is to promote efficient use of existing city infrastructure; ensure sensitivity to surrounding neighborhoods; create linkages between compatible areas of the city; provide appropriate transition between uses; ensure high quality design and architecture; create good pedestrian circulation and safety; promote alternative modes of transportation; and increase the quality of life and community image of Columbia Heights. The intent of this district is to encourage a flexible high- quality design strategy for development and /or redevelopment of specific areas within the community. The Zoning Ordinance specifically identifies the subject property to be used for Transit Oriented Mixed Use Development. The purpose of the Transit - Oriented Mixed Use is to promote development and redevelopment that facilitates linkages and interaction of transit services, housing and neighborhood services. The focus of land use within this district is to ensure a pedestrian friendly environment and pedestrian connections to and from residential development and transit facilities. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Transit Oriented Development. It appears that the proposal for apartment homes, meets the intent of the Comprehensive Plan. DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Highway District" standards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of minimum standards for new construction along Central Avenue and 40'h Avenue. In general, the proposed buildings meet the design guidelines. The following components are requirements of the Design Guidelines Highway District and how the applicant has attempted to meet the guidelines: • Buildings may be set back a maximum of 85 feet from the sidewalk, in order to allow for two rows of parking and drive aisles plus landscaped frontage. The proposed building will be located approximately 14 feet from the sidewalk along Grand Avenue meeting this guideline. • The primary facade(s) of buildings of 40 feet or more in width should be articulated into smaller increments through the techniques such as using of different textures or contrasting, but compatible, materials; dividing storefronts with separate display windows and entrances or incorporating arcades, awnings, window bays, balconies or similar ornamental features. The proposed building shows the facade articulated into smaller increments with varying colors and materials meeting this guideline. • Building height shall be a minimum of 22 feet. The proposed building will be 47.4 feet tall meeting this guideline. • Where commercial or office uses are found on the ground floor, at least 20 percent of the ground floor facade fronting Central Avenue and 15 percent of any two side or rear facades shall consist of window and door openings. The proposed plan does not include commercial or office space on the ground floor. • The building should have a well- defined front facade with primary entrances facing the street. 26 P & Z Minutes Page 3 Sept 6, 2017 The proposed building will have a well - defined front fagade, with the primary entrance facing the private roads. • Building colors should accent, blend with, or complement surroundings. The colors that are proposed are neutral, and should complement the surrounding area. The building was designed to be architecturally similar to the adjacent condominium building. • No more than two principal colors may be used on a facade or individual storefront. Bright or primary colors should be used only as accents, occupying a maximum of 15 percent of building facades, except when used in a mural or other public art. The proposed building will consist of neutral colors, grey, charcoal, and beige, with a red like mortar (primary color) brick. • All buildings should be constructed of high - quality materials, including the following: Brick, Natural Stone, Stucco Precast concrete units and concrete block, provided that surfaces are molded, serrated or treated with a textured material in order to give the wall surface a three dimensional character. Jumbo brick may be used on up to 30 percent of any fagade, provided that it is used only on the lower third of the building wall. The proposal meets this guideline. The building will be constructed with mortar brick, fiber cement lap siding, flush metal panels surrounding the windows, and a rock face block base. • Architectural details such as ornamental cornices, arched windows and warm -toned brick with bands of contrasting color are encouraged in new construction. The proposal generally meets the intent of this guideline. • Parking areas adjacent to public streets or sidewalks shall be screened with a combination of landscape material and decorative fencing or walls sufficient to screen parked cars on a year -round basis while providing adequate visibility for pedestrians. The proposed landscape plan includes a variety of trees and shrubs to be planted around the perimeter of the site, which should provide adequate screening. SITE PLAN REVIEW 1. Parking The proposed plan identifies 134 enclosed parking stalls and 135 surface parking stalls for a total of 269 parking stalls combined. The City's Zoning Code requires that for multiple family residential uses, each one bedroom unit is required to have one enclosed parking stall, and each two bedroom (or larger) unit is to have two enclosed parking stalls. Based on the current proposal of 173 units, containing 65 one bedroom units, 72 two bedroom units, and 36 three bedroom units, the development is required to provide 281 enclosed parking stalls. The proposed parking plan is under the required parking stalls by 12, and currently only shows 134 underground parking stalls, whereas all of the 281 required parking stalls are to be located underground or enclosed. By this standard, the proposed plan does not meet the City's parking requirements. 2. Access Access to the development will be off 47th Avenue NE, just east of Central Avenue NE, by turning north on to Grand Avenue NE then turning east onto Grandview Way. 27 P & Z Minutes Page 4 Sept 6, 2017 3. Landscape The proposed landscaping materials are shown on the attached Landscape Plan. The applicant is proposing to plant 40 trees and 800 Sq. Ft. of landscaped area. 4. Signage The proposal indicates that there will be a monument sign at the corner of 47th Avenue and Grand Avenue, along with a sculptural element for a strong site identity. The monument sign will need to be approved administratively through the sign permit process. The sculpture will need to be approved by the City's Communication Committee. FINDINGS OF FACT Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a Site Plan. They are as follows: a. The Site Plan conforms to all applicable requirements of this article. As outlined above, the proposed plan does not meet some of the applicable requirements of the Zoning Code. For this reason the applicant has requested waivers to these requirements as outlined in the applicant's narrative. b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. Staff believes the proposed Site Plan for the property is consistent with the intent of the Comprehensive Plan. The proposal for additional housing on a high frequency transit service route along the Central Avenue corridor, meets the City's goal to encourage more trips via non- motorized modes of travel (pedestrian, biking etc.) and less by automobile. Additionally, the proposal meets the City's goal to incorporate housing in Mixed Use Developments that is affordable at 60% of the area median income, specifically targeting higher density developments that provide workforce housing. c. The Site Plan is consistent with any applicable area plan. There is no area plan for this parcel. d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right - of -way. The proposed Site Plan does not meet some of the applicable standards outlined in the Zoning Ordinance. Staff believes that if the applicant wishes to increase densities on the site, the applicable Zoning Code requirements should be achieved to minimize any potential negative impacts on surrounding property. Therefore, it is possible the properties in the immediate vicinity of the proposed development could be adversely impacted. CONCLUSION The City's Zoning Code states that this area is guided to allow for up to 20 units per acre. The site is comprised of approximately 4.94 acres. By this standard the site would allow for up to 98.8 units. Dominium's current proposal is for 34.9 units per acre or 172.4 units. The proposal does not meet the City's unit per acre requirement and exceeds the maximum by 73.6 units. The applicant has requested a waiver to this requirement. The proposed plan identifies 134 enclosed parking stalls and 135 surface parking stalls for a total of 269 parking stalls combined. Based on the current proposal of 173 units, the development is required to provide 281 28 P & Z Minutes Page 5 Sept 6, 2017 enclosed parking stalls. The proposal is under the required parking stalls by 12 and currently only shows 134 of the parking stalls provided to be underground, whereas all of the required parking is to be underground or enclosed. The proposed plan does not meet the City's parking requirements, and the applicant has requested a waiver to this requirement. The proposed parking lot shows the drive aisle to be 20 feet. The City's Zoning Code requires that each off street parking space have access to a drive aisle of 24 feet wide to provide safe and efficient means of vehicular access. The applicant has requested a waiver to this requirement. Staff believes that if the applicant wishes to increase densities on the site, that other applicable requirements of the City's Code should be met in order to minimize any potential negative impact on the surrounding properties. The proposed plan is to increase the density on the site and does not meet the applicable requirements of the City's parking Ordinance. While the proposal itself has merit as it meets the intent of the Comprehensive Plan, it would provide additional housing options and complete the development started years ago, staff believes that the current plan should be modified to meet the other applicable requirements of the City's Code. RECOMMENDATION Staff finds that the current proposal does not meet some of the Findings of Fact as outlined. Staff recommends that the Planning and Zoning Commission table the proposal until an amended site plan can be submitted by the applicant for the subject properties located at 1069 Grandview Way and 4729 Grand Avenue. Furthermore, staff recommends that the plan be modified in the following ways: I. Staff recommends that the proposed development density be reduced. The City's Zoning Code allows for Mixed Use Development densities to be increased by up to 50 %. In fact, the Zoning Code states: Maximum densities may be increased by up to 50 % at the sole discretion of the City Council if one of more of the following are provided: (a) At least 50 % of the required parking is provided by underground parking or parking in ramps; (b) Housing is provided above ground floor retail /service commercial and the total floor area of the housing is at least twice the floor area of the retail /service commercial use; (c) Office space is provided above ground floor retail /service commercial and the total floor area of the office space is at least twice the floor area of the retail/service commercial use; (d) At least 50% of the building ground coverage is concentrated in structures four or more stories in height, thereby conserving open space within the mixed -use development area. If the City Council decides to allow for the density to be increased by up to 50 %, that would mean that the maximum density would be 30 units per acre allowing a maximum of 148.2 units. 2. All required parking for the residential use should be provided underground or in an enclosed building Staff recommends that the drive aisle be reduced to 20 feet, only if a restricted amount of off - street surface parking is provided for guests and limited to 30 spaces per building. The off- street parking spaces should be designed as bump -out parking spaces similar to the adjacent development to the north. The City's Zoning Code allows for Mixed Use Development parking requirements to be reduced by 30 %. In fact the Zoning Code states: Cumulative parking requirements may be reduced by up to 30% of required spaces at the sole discretion of the Council if one or more of the following are provided: 29 P & Z Minutes Page 6 Sept 6, 2017 (a) Joint or shared parking arrangements between uses; (b) Proof of parking; (c) Car /van pooling and /or provision of employee or resident transit passes; (d) Superior pedestrian, bicycle and /or transit access. If the City Council decides to allow for the parking requirements to be reduced by 30% that would mean with the current number of proposed units (as this is how parking requirements are determined), the parking requirement would be lowered to 196.7 enclosed parking stalls. Holmbeck told members that if the Planning and Zoning Commission decides to proceed against staff s recommendation, and recommend approval of the Site Plan (as currently presented) with the requested waivers, staff has provided motions to them along with recommended conditions of approval. The Planning and Zoning Commission could also make a motion to recommend that the City Council deny the Site Plan application. In either of those two cases, the plan would go before the City Council on September 11ffi, 2017 for final consideration. Discussion and Presentation: Owen Metz from Dominium told members that the Company is 45 years old and is just finishing the project at 37b and University. He said they construct buildings and then retain ownership and management of them for a period of 20 -40 years. They construct high quality units with amenities that are important to people (washer & dryers in units, granite countertops, energy saving lights, and nice flooring). He told members that they have all the financing in place so they could begin construction this winter. He went on to explain to the Commission that two neighborhood meetings were held, and they incorporated the feedback they got from residents in the area into their latest proposal. Dominium wants to finish the project that was started back in 2003 which included three condo buildings and a number of townhouses. Metz stated that the original proposal took into account the whole site and had 15 units /acre. He explained that if you took into account the entire site for this new proposal it would amount to 17 units /acre. He said the Planning Report which indicates 34.9 unit /acre is based on the unfinished area, not on the entire development. He said the current proposal only has 37 more units than what was approved in 2003. This site is designated as a Transit Oriented Development and would be in high demand for "work force housing" since it is on the bus line, has great access to downtown , and is close to nearby shopping. Metz addressed several issues that have been brought up. First, Metz told members that Dominium has strict rental regulations. They have signed leases, rental contracts, background checks, management staff on site, so they attract good renters who take care of their apartment homes. He assured members that they are not absentee landlords. Second, home values should not be adversely affected. He said they have similar buildings in St Anthony and Crystal and values of surrounding properties have continued to increase. Metz said Dominium has done a study on their many buildings in the metro area and determined that there will be 1.4 adults /apt on average. He said the 1.55 parking stalls per unit is actually more than needed. The outdoor parking spaces will be screened by a wall or the building itself so as not to impact the surrounding area. 30 P & Z Minutes Page 7 Sept 6, 2017 Metz said according to 2010 figures that Columbia Heights had approximately 68% home ownership which is in line with the metro average, so he doesn't think this project would have a huge impact on this percentage. He stated that affordable housing is needed throughout the country. Metz said they made changes to their plan since their original design earlier this year, based on the feedback they received from residents and staff. They lowered the number of units from over 200 to 170, they added green space, they increased parking, an access point was eliminated, and they have tried to curtail traffic going past the single family homes. He told members that the two new buildings will blend well with the Condo buildings. They have placed the buildings so there is a court yard area between buildings. The west building will have green space on its west side so it is screened from the other buildings for a play area. A bump -out area was added on Grand to allow for additional company parking. Metz said the 20 foot drive access matches the private streets throughout the rest of the development. Szurek said the development design is lovely, but she thinks more underground parking should be provided. She suggested making the underground parking area two levels in order to achieve this. Metz said financial constraints would prevent them from constructing a two level underground parking area. That is why they proposed more outdoor parking that would be screened. Metz felt that the majority of the residents wouldn't want to pay the additional fee for underground parking so providing half of the parking requirements outside would work better for their plan. Szurek said screening was not the issue and whether residents would pay extra for covered parking is not the issue. The Commission must uphold Columbia Heights Ordinance requirements that dictate the number of covered parking spaces necessary for approval and it is not the Commission's job to make it financially feasible for the developer. Metz said they own buildings across the country and data collected from other Twin Cities buildings show less parking is needed than what the cities usually require based on the fact that most of the units are not two adult households, and that many use bus transportation, Uber, or bikes to get around. He told members that their plan is close to meeting the required parking spaces, just not covered ones. He said Dominium is confident they will have enough. They would not invest 40 million dollars and not have enough parking. They wouldn't be able to rent out the units if they didn't provide enough parking. Szurek said there is no guarantee that the outside parking won't be an issue. She doesn't want to overload the area with cars parked everywhere, especially during the winter months when cars are not allowed to be parked on the streets. Public Hearing Opened. Cliff Johnson from 1027 43 I/2 Avenue has rental properties and attends landlord meetings. He said there are problems with rental properties and we need more responsible landlords and more rules and laws regarding those properties. He said the City won't change until we change how we develop. He thinks the City should stick to the original plan for condos that would mostly be owner- occupied. 31 P & Z Minutes Page 8 Sept 6, 2017 Tom Kaiser from 1140 50th Avenue is in favor of the proposal. Dominium builds quality units and manages them. He wants to see properties along Central Avenue redeveloped and he believes this would be a positive start. Urban design trends are moving to less car ownership and more public transportation. It will be a wise investment for the future. Thomas Radio -is an attorney from Felhaber & Larson representing the Condo owners who has experience with Real Estate and Land Use cases. He told members that developers will promise cities a lot of things, but there is no guarantee for the future that those promises will be fulfilled. He said the Commission needs to focus on the sanctity of law and enforcing the ordinances that are in place to protect residents' rights. He said there are three issues with their proposal that do not meet the requirements so they are in violation of the City Code. He believes that too many people in too small of an area will have an adverse impact on the property rights of his clients. They must enforce the rules as written and not do as Dominium wants just because it is financially feasible for them. He went on to say that the original plan called for three condo buildings to share the expenses and maintenance and thus far there is no agreement with Dominium to do the same. Paul Biernat -1070 Grandview #306 said Dominium made a nice presentation and trends maybe moving towards public transportation, but he has his doubts after driving in rush hours around the city. He said if a developer wants to build affordable housing, then they should look at condo buildings since it is cheaper to own a condo than rent an apartment. He thinks the condo market is coming back and the City should hold out for that. He doesn't appreciate that the developer is trying to circumvent the association bylaws by having the City grant waivers that should be voted on by residents in the development. Roger Johnson 1070 Grandview just bought this condo and doesn't think we need more apartments and more traffic in the neighborhood. Jan Swentkofske 1070 Grandview bought her unit 3 years ago and was told two other condo buildings would be constructed in phases. The residents don't want this development of rental apartments. She asked the members if they would make exceptions to the law if the building were going in next to them. Kevin Lovgren 1070 Grandview #402 has owned his unit for 7 years and was the owner of Sara Jane's Bakery. His main concern was added traffic in the area. He said it will cause more congestion at 49th Ave and Grand. He said people cut through the development now and with 49th being a high traffic road with curved visibility it will be a dangerous intersection that may require a traffic light. He would be in favor of one building, but feels this plan is too crowded for the area. K.T. Jacobs 4104 Monroe St has been a resident since 1994. She wanted to know what the ratio of owner occupied homes versus rental units is for the City. She thinks we have more than the metro average of 28% and thinks that approving the higher density of additional rental units will bring issues. 32 P & Z Minutes Page 9 Sept 6, 2017 John Bush 1070 Grandview thinks the square footage of these units are minimal and that they are trying to squeeze a lot into a small space so it is financially lucrative. He likes the design of the buildings, and thinks the "work force affordability" is ok, but thinks it is too much density for the site. He said the outside parking should be for company, not for residents to use. He said by charging $75 /space for the covered parking will cause even more to park outside as they will not be able to afford to pay for an underground spot. Dave Meir 4218 2nd St is a retired firefighter. He said the City has gone to great lengths to clean up that area and is concerned with the amount of density on a small site. Ann Budig 1070 Grandview #313 has invested everything into her condo unit. She believes this is too much density for the development to handle. Tamara Kurak 1070 Grandview #117 wanted to see the development finished and likes the townhouses and cottages that were added on the north end. However, she thinks the proposed project would be too much density for the site. Tom Kurak 1070 Grandview #406 has been an owner and Board member from the start. He would prefer to have owner occupied condo buildings constructed as per the original development plan. He submitted a letter for the record which is attached to the end of these minutes. Dan Thompson Pastor of Heights Church said he is in favor of the project. He said Dominium has a good reputation and builds quality housing. He said this is a perfect location for renters as it is near the bus line, near the schools and would give working people a nice place to call home. He is concerned with the stigma that has been expressed about renters being troublesome. He said it is true that one cannot guarantee the future, but the City should look at the prior performance of Dominium and how they manage buildings after building them. Sean Broom of 4117 5th St said the Commission should consider the most important questions in front of them. Is it in line with the Comprehensive Plan -yes. Is it is line with other projects that have set precedence - mostly yes. They are seeking more density to make it work with a few exceptions. He said Dominium is willing to invest in a quality project in our City. He said someone earlier had stated that Columbia Heights needs to change how we develop, but he said first we need to develop. Broom went on to say that rents of $940 for the one BR unit is more expensive than most mortgage payments. He said it is not the City's place to dictate whether property is developed as owner occupied or rental. He said the original developer is the one who made false promises and their beef should be with him, not directed at the new developer. Degha Shabbeleh 3827 Bakken Blvd was a renter for a while until she could save enough to purchase her townhouse. She said a lot of people rent until they can buy, or until they settle into a good job, etc. Renters are not bad people and everyone deserves a nice clean place. This is the first apartment building built in a long time in this city. Most of the old ones are run down and have no amenities. She is in favor of the project. 33 P & Z Minutes Page 10 Sept 6, 2017 Dena DeGroat 4426 7th St has lived in her house for one year. She bought a house that was built in 1917. She said a lot has changed in the City since that time and continues to change. DeGroat said she has read the Comprehensive Plan and quoted that it is the job of the Plan to steer that change and to increase the City's vitality. Renting is a trend with urban dwellers and millennials. She believes compromise is in order as we move forward as a community. Elizabeth Herrmann 950 39th Ave lives in one of the worst apartment buildings in the City. She is in favor of this project and feels it is a positive move for the City. Phil Beannia 3800 American Blvd is a Real Estate Broker. He asked how long the rent is required to remain in the "affordable" classification. Dahl answered that the time frame is tied to the tax exempt bonds and therefore, it would be for 15 years in this case. After that time they no longer have to abide by the income restrictions. He reviewed an affordability price comparison between buying a condo unit of this same size versus renting it for $940 /month and it was determined that with all costs included, it is cheaper to buy the unit than to rent it. He thinks it is too much density for this site and feels the original concept was a better plan and that it was already approved by the City back in 2003. Denise Kendrick Stevens of 4844 Grandview Crt. She lives in one of the new Cottage Homes on the north end of the development. She thinks the Dominium proposal has beautifully designed buildings, and is not against renters, nor does she think that renters are criminals. However, she is very concerned over the increase in traffic that will cause more problems. She said they drive so fast through the development already and she is afraid that by adding more cars on the narrow streets some child is going to get hit. Stevens also stated that she works in real estate and that condos and townhouses are selling like crazy. The market for them has really increased since the recovery. Jane Halek of 4602 Fillmore owns a duplex and has dealt with renters for many years. She believes the proposal is overbuilding the area. Joe Schluender of 4034 Monroe St is excited about living near a bus line, and believes this is becoming a more popular transportation trend. He is in favor of urban growth and of this project. Michael Strunk 1070 Grandview #102 agrees with the others who think this is too much density and that safety should be a concern. There is too much traffic and the private roads are narrow already. The Public Hearing was closed. Szurek stated that the Commission must make their decision based on the existing Zoning Ordinance 34 P & Z Minutes Page 11 Sept 6, 2017 Motion by Hoium, seconded by Novitsky, to table the Site Plan approval with waivers until an amended Site Plan is submitted for the subject properties of 1069 Grandview Way and 4729 Grand Ave which would include: 1. Sta f recommends that the proposed development density be reduced. The City's Zoning Code allows for Mixed Use Development densities to be increased by up to 50 %. In fact, the Zoning Code states: Maximum densities may be increased by up to 50% at the sole discretion of the City Council if one of more of the following are provided.• (a) At least 50% of the required parking is provided by underground parking or parking in ramps; (b) Housing is provided above ground floor retail /service commercial and the total floor area of the housing is at least twice the floor area of the retail /service commercial use; (c) Office space is provided above ground floor retail /service commercial and the total floor area of the office space is at least twice the floor area of the retail /service commercial use; (d) At least 50% of the building ground coverage is concentrated in structures four or more stories in height, thereby conserving open space within the mixed -use development area. If the City Council decides to allow for the density to be increased by up to 5001o, that would mean that the maximum density would be 30 units per acre allowing a maximum of 148.2 units. 2. All required parking for the residential use should be provided underground or in an enclosed building Staff recommends that the drive aisle be reduced to 20 feet, only if a restricted amount of off - street surface parking is provided for guests and limited to 30 spaces per building. The off- street parking spaces should be designed as bump -out parking spaces similar to the adjacent development to the north. The City's Zoning Code allows for Mixed Use Development parking requirements to be reduced by 30 %. In fact the Zoning Code states: Cumulative parking requirements may be reduced by up to 30% of required spaces at the sole discretion of the Council if one or more of the following are provided: (a) Joint or shared parking arrangements between uses; (b) Proof ofparking; (c) Car /van pooling and /or provision of employee or resident transit passes; (d) Superior pedestrian, bicycle and /or transit access. If the City Council decides to allow for the parking requirements to be reduced by 30% that would mean with the current number of proposed units (as this is how parking requirements are determined), the parking requirement would be lowered to 196.7 enclosed parking stalls. All ayes. MOTION PASSED. 35 P & Z Minutes Page 12 Sept 6, 2017 OTHER BUSINESS 2018 Land Use Fees and Procedure Changes- Hogeboom. told members the City Council will be considering the adoption of a revised Fee Schedule for the Community Development Division which include fees charged for Planning and Zoning applications. Hogeboom reviewed the changes with the members. He said this is informational only and that no Public Hearing is necessary. Hoium asked if these recommended changes had been approved by the City Manager, the Finance Director, and the City Attorney. Hogeboom said that each of them had reviewed the proposed fee changes. Open House for the Comp Plan- Holmbeck told members there would be an Open House for the Comp Plan renewal process that will be held on Tuesday, September 19. Staff is looking for input on concept models for the 40th Avenue corridor and Central Avenue. She went on to say that residents can also access a survey on our website and submit opinions on that. The meeting was adjourned at 9:29 pm. Respectfully submitted, Shelley Hanson Secretary 41 To the planning and Zoning Commission of Columbia Heights: Imagine this moment for now: We - f- like YOU out of respect. Now recognize that we bought our homes and have lived 10, yes 10, years through tough times. Like everyone else. We have in our planned enclave, closed in by 3 walls, on 6 acres in a planned grouping of 3 condo buildings. We have the 1st building. All through the real estate downturn we have been planning on how we will welcome over 200+ more neighbors when they move into their new condos after they are built. We have been planning on a beautiful neighborhood of people enjoying their homes and building a community that works together. We would then be able to gain amenities like owning an affordable home by 37 sharing expenses maintenance gracious -2mounts of open space, Now this space I'm speaking of was promised to all of us, including all of our neighbors. Back when the building permits were granted for approximately 180 condo units (60 per building) on 6 acre neighborhood on a little green patch of Columbia Heights that we, as a family, maintained for 10 years waiting and planning for welcoming our new home owning neighbors. Congealing our family, working through property owning maintenance issues which came up when people with divergent past lives and lifestyles come together. Some of our family are young. Some are old. Some of our family have made relationships with all of us and then moved on in different ways or passed away. We miss them all and respect their lives. So, life goes on in our little 38 neighborhood on the land that was waiting for the condos buildings and our new neighbors. My friends and t hope that it will remain a home ownership opportunity as it was originally planned. 4 acres inside our community is not too much land to reserve for home ownership. Regards, 4:073 Tom Kurak Grand Central Lofts Unit 406 763- 242 -7953 39 Elizabeth hIct €mbeck From. jarmold @gmail.com Sent: Wednesday, August 30, 2017 9:48 AM To: John Murzyn Jr; dinoprod@grnail.com; shoium5227 @comcast,net; aeschill @gmaii.com; marlaines @yahoo.com; 58mike.n @gmail.com Cc' Donna Schmitt; Elizabeth Holmbeck Subject: Dominium Project at 47th and Grand Avenue Dear Planning and Zoning Commission and Columbia Heights City Officials: I am writing in regards to the proposed Dominium project on 47th and Grand Avenue, I am a townhome owner and resident. I am not against this project but am concerned about the waiver requests on density and parking. Both these waivers are connected: more units create more parking needs, fewer units create less parking demands. I have read the Dominium proposal and narrative; and, I found it well researched and thorough. I understand the rationale for each of the three requested waivers. Here comes the but ... there is a problem with sufficient parking space with the present condo residents. According to the Dominium documents, the condo building density is 40 per acre since there are 66 units with 1.71 acres of land. Condo parking overflows onto master association roads and club house parking bump -out. The present parking issue has foreshadowed my concern with the waiver request. 1 understand and appreciate the importance of green space, impervious surfaces and landscaping but I would suggest that Dominium flip the east building to face south. The center of the "C" shape could be converted to parking. I believe the Dominium documents indicated 19 parking spaces could be gained from less green space. I attended the first Dominium meet and greet at the public library and was appalled by the audience's lack of knowledge and their refusal to accept the facts or that their very vocal opinions were based on misinformation. I was disheartened by the continuous negative comments directed toward the community of Columbia Heights. 1 was not able to attend the second Dominium meeting but my neighbor informed me that the "crazies" were out in full force. I expect the meeting on September 6 will be lively. Hence, the rationale for this email. Here is what I know: -if the original 2003 development had been completed as planned, there would have been one townhome association and three separate condominium associations. Each association would create their own budget and pay into the master association for common elements such as roads. -The proposed development property was released from the Grand Central community and master association in 2010. No Grand Central revenue would be generated from this geographic area. -The property is and has been for many years zoned as Transit Oriented Mixed Use which includes rental. -The property has been for sale for many years. -The vacant property has not generated any dues to the Grand Central community. Also, there should not have been any expenses accrued to Grand Central properties for this area. -The sale of the property and the building of the Dominium project will not financially bankrupt or devastate the Grand Central associations or homeowners. As I stated earlier, each association creates their own budget according to their expenses, needs and amenities and assesses dues accordingly. Association dues also include a master association fee. The only potential monetary impact to the Grand Central community that I can envision would be road maintenance due to increased traffic. Perhaps Columbia Heights would like to adopt our association roadways? As I stated above, I am not against this Dominium development. As a commission, you need to decide what is beneficial for the community of Columbia Heights. Go Hylanders? 40 From Fausbna ^fausthm gmaiicom` mmnx Tuesday, September 05,JOl7l02OPk4 To: BizebethHo|mbeck Subject: Favor ofthe Dominium housing project 47th and central Hi Elizabeth, Could you please pass on my favor of the Dominium's affordable housing project for 47th and Central to the Planning and zoning committee meeting tomorrow night, I am unable to attend this meeting but I support this project. Thank you, FaurbnaN|en Columbia Heights resident 41 From: Tammy Schmitz <tammy @tammyschmitz.com> Sent: Tuesday, September 05, 2017 10:39 PM To: Elizabeth Holmbeck Subject: Dominium Apartment Proposal Hi Elizabeth, I'm writing tonight as a Columbia Heights resident. I recently heard about Dominium's request to build apartments on the old K -Mart site. After reading the packet provided for the Planning and Zoning Commission, I recognize city staff have some legitimate concerns with certain aspects of the project. I'm unable to be at the Planning and Zoning meeting tomorrow night, so I just wanted to let you know that if the developer can satisfy staff's concerns and /or if a mutually- acceptable compromise can be met that meets safety needs, 1 think this would be a great addition to the city. It's been a real drag on impressions of the city seeing that space vacant. The project also seems like it could bring needed business, provide access to various transportation options in the area and raise the quality of rental properties in that area. I also appreciate the green space and that staff are requiring stormwater management (something I believe in personally, as well as professionally.) Thanks for your hard work on this project:) Tammy Schmitz 42 V-1liabati-i Ho1mbeck F rcrm: Donald Vesley <vesleOO1@umn.edu> Sent: Wednesday, September 06, 2017 2:08 PM To: Elizabeth Holmbeck Subject: Affordable housing project next to Grand Central lofts Elizabeth It is my understanding that this proposed project would focus on affordable housing for individuals who have salaries in the $60-70 K range. They would be young professionals and others in the early phases of their careers. This is a demographic that the City needs to attract. Ne Mpls and St. Anthony have certainly been successful at doing this. The land in question has been vacant and growing weeds for so many years. It was never even been landscaped into a pocket park etc. This would be a 9 ood use, on the bus line, and focused on people who would frequent the restaurants, the Heights Theatre etc. What other proposals are there? The development would add to our tax base and 1.4 million in TIF seems a reasonable price to pay for such a substantial development commitment. This is a good choice. Catherine Vesley Col Heights Library Board 43 CH COLUMBIA HEIGHTS PUBLIC LIBRARY 3939 Central Ave NE, Columbia Heights, MN 55421 BOARD OF TRUSTEES: MEETING MINUTES Wednesday, September 6t", 2017 Approved 10/4/2017 The meeting was called to order in the History Room by Chair, Patricia Sowada, at 5:30pm. Members present: Patricia Sowada, Catherine Vesley, Stephen Smith, Tricia Conway; and Council Liaison Robert "Bobby" Williams. Also present: Library Director Renee Dougherty; Recording Secretary Nick Olberding; Columbia Heights City Councilmember Nick Novitsky, and Columbia Heights Public Works Director Kevin Hanson. • The Minutes of the August 2 "d, 2017 Board Meeting were approved. • The Bill List dated August 9th, 2017 was reviewed. It was moved, seconded, and passed that the bills be paid. • The Bill List dated August 23 ", 2017 was reviewed. It was moved, seconded, and passed that the bills be paid. • The Accounting Sheet as of August was reviewed, and approved. • Questions and discussions from Bills and Accounting: • Operating Reserve: As a tax funded institution the library must maintain an operating reserve to cover unforeseen expenditures, over - budget items that cannot be covered by under - budget line items, and to see the library through the first portion of the year (to pay salaries, etc.) before city property taxes are collected in May. The library has not gone over - budget to the point of needing to use the reserve during the time the Board members have served. Comprehensive Annual Finance Report would show what level the reserve fund is at. • Lighting Dimmers: Was asked whether the library would be able to utilize lighting dimming features? Might be something to look into in the future. The staff area already employs motion sensors that turn off lights when no one is in the rooms, and the lights along the Central Avenue windows are dimmed when the sun is brightest. New Business: Meeting Dates for the Remainder of the Year: October 4, November 1, and December 6. Mainly brought up as a reminder to the Board for the remaining meetings for the year. Library Solar Project — Kevin Hansen: Kevin passed around a report that was prepared for the City Council before the Solar Project got underway. It laid out the details of the project, and the cost /savings projections that were involved. o The library's solar panels are under a 15 -year contract with an investor that paid for the units, the installation, and the ongoing maintenance for 15 years ... at that point the City gains control and benefits from the energy produced. In going over the options, this method was considered to have the most benefit for the city; as opposed to financing, installing, and maintaining the system on its own. • The library's solar system is a rated at 140kW (Public Works -85kW, Public Safety- 101kW, Top Valu- 40kW), and is estimated to provide 55 -65% of our yearly energy consumption (has been running closer to 65 %) • The way it works now is that we pay two electric bills; one to the solar investor at a set rate (slightly above regular utility rate), and then a bill from Xcel Energy for the portion of our electric that the solar panels do not provide. For at least one month this season, the panels generated more power than we used, which was put out into the grid and offset our Xcel bill. • Our electricity budget for the current year is over - budget at 143% (Current: $17,551/ Budget: $12,284), but it was based on best estimates. It will take at least 3 years in the new building to generate a better understanding of the ongoing utility costs. Each quarter the building systems are evaluated and tweaked to be more efficient. When the library opened the building systems (eg. HVAC) were running at full bore, and over time Public Works is learning how to optimize the various aspects. 44 Public Art Committee: It is still planned that the Library Board will serve as the Committee through the end of the year; until a formal method of selecting a Committee is determined. Catherine Vesley and Tricia Conway both expressed interest in remaining part of the Committee going forward. • The Committee will likely meet 1 -2 times per year to review exhibit applications that have been submitted; will rank and determine which are in the best interest of the Library. • The Committee would also be in charge of purchasing (if any) and /or commissioning art or literary works. There is a possible proposal in the works for an updated history of Columbia Heights book (last one was Bootstrap Town by Irene Parsons, 9)1986), which the Committee would be interested in. Old Business: • Foundation Spaghetti Dinner Fundraiser — September 13, 4:30 -7pm: Still looking for volunteers if possible. Lion's Club will be operating the full- service bar during the event. • Circle Terrace Park Eat and Greet event — September 20, 5 -7pm: Cortni O'Brien will be attending the event and perform outreach for the library. Steve Smith will be there volunteering with SACA, but will hop back and forth to provide Cortni with backup. • 2018 Proposed Budget: Includes an 8.4% increase necessary to cover building operation costs and personnel wage increases. The increase in the part -time pay -scale was enacted to stay competitive with other metro library systems. • City Council Goal Setting: City departments have been asked to incorporate the Council- adopted goals into 2018 budgets. Goals most applicable to the library include serving as a resource for public education and potential venue for property improvement seminars. The library, as will all city departments, participate in the staffing study and the engagement of a communications director. The library may be able to demonstrate how to incorporate art in the community. The library also has established collaborations with local schools which will be enhanced. Finally, the library utilizes volunteers, and could provide guidance in establishing a city -wide program. Board members wondered how goals would be incorporated into Council agendas, and how success would be measured. Items from the Floor: Steve Smith will be presenting at the next City Council Meeting (September 11) for Library Card Signup Month. He will be briefly speaking about the countless benefits of a library card. Your passport to a world of information and imagination... • High School /Middle School sharing one librarian? Brief discussion of proposed changes to school library media instructors in the school district. Tricia proposed engaging the School Board after additional fact - finding. There being no further business, the meeting was adjourned at 6:30pm by Patricia Sowada, and seconded. Respectfully submitted, 4 Nicholas P. Olberding Recording Secretary, Library Board of Trustees The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 45 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM ITEM NO. 7C MEETING DATE OCTOBER 9, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Second Reading of Ordinance 1642, Conveyance of Certain Real Property to the EDA DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Keith M Dahl, October 2, 2017 BY /DATE: 9 CITY STRATEGY: #6: Excellent Housing /Neighborhoods Additional Strategy? #1; Safe Community SHORT TERM GOAL (IF APPLICABLE): #1 Develop a Pride of Ownership Plan Additional Goal? BACKGROUND: The City Council of the City of Columbia Heights (the "City') approved the acquisition of tax forfeited property located at 4201 Jefferson Street NE, Columbia Heights, Minnesota (the "Subject Property ") pursuant to the approval of Resolution 2016 -111, a resolution approving the classification of certain tax forfeit land within the City. Therefore, after Anoka County conveyed the Subject Property to the City, it was the intent of City Council to demolish the dilapidated residential structure and incorporate the vacant lot into the Single Family Home Lot Sales Program administered by the Columbia Heights Economic Development Authority (the "EDA "). Now that the residential structure has been demolished pursuant to the terms and conditions outlined in the Work Agreement, Contract # 2017 -2799 by and between the City of Columbia Heights and Kamish Excavating, the City Council may convey the Subject Property to the EDA for incorporation into the Single Family Home Lot Sales Program, and for the construction of a single - family, owner occupied home. In order for the City Council to convey the Subject Property to the EDA, and pursuant to Section 110: Sales of Real Property of the City Charter, no real property of the City may be disposed of except by ordinance. Therefore, a notice of public hearing was published in the September 22, 2017 edition of the Sun Focus for any interested person to express their opinion in regards to the conveyance of the Subject Property to the EDA, and the first reading of Ordinance No. 1642 was considered and approved by City Council on September 25, 2017. If the second reading of Ordinance No. 1642 is approved as presented, the ordinance shall be in full force and effect from and after 30 days after its passage or on November 8, 2017. STAFF RECOMMENDATION: Staff recommends approval of the second reading of Ordinance 1642. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Ordinance No. 1642, there being ample copies available to the public. Motion: Move to adopt Ordinance No. 1642, being an ordinance authorizing the conveyance of certain real property located at 4201 Jefferson Street NE. ATTACHMENTS: 1. Ordinance No. 1642 (1 Page) 2. Quit Claim Deed (2 Pages) 46 ORDINANCE NO. 1642 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY BY THE CITY OF COLUMBIA HEIGHTS TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY LOCATED AT 4201 JEFFERSON STREET NE. The City of Columbia Heights does ordain: SECTION 1: The City of Columbia Heights, a Minnesota municipal corporation, may convey unto the Columbia Heights Economic Development Authority, the real property described as follows, to wit: 4201 Jefferson Street NE: Lot 16, Block 32, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, according to the recorded plat thereof. SECTION 2: The Mayor and the City Manager are herewith authorized to execute a deed to effectuate the conveyance of said real property. This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading; Offered by: Seconded by: Roll Call: Second Reading Offered by: Seconded by: Roll Call: Date of Passage: September 25, 2017 Buesgens Williams All Ayes October 9, 2017 Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary Ordinance No. 1642 47 Quit Claim Deed Deed Tax Due: $1.65 Consideration for this transfer is less than $500.00. ECRV: NA Date: FOR VALUABLE CONSIDERATION, City of Columbia Heights, a municipal corporation under the laws of the State of Minnesota, Grantor, hereby conveys and quitclaims to Columbia Heights Economic Development Authority, a public body corporate and politic under the laws of the State of Minnesota, Grantee, real property in Anoka County, Minnesota, described as follows: Lot 16, Block 32, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Check here ifpart or all of the land is Registered (Torrens) O together with all hereditaments and appurtenances. ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: ). ❑ 1 am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. 508339v1 CBR CL205 -69 CITY OF COLUMBIA HEIGHTS By Donna Schmitt Its Mayor By Walter Fehst Its City Manager 48 STATE OF MINNESOTA SS.: COUNTY OF The foregoing was acknowledged before me this day of , 2017, by Donna Schmitt and Walter Fehst, the Mayor and City Manager, respectively of City of Columbia Heights, a municipal corporation organized under the laws of the State of Minnesota, on behalf of the municipal corporation, Grantor. NOTARY STAMP This instrument was drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337 -9300 508339v1 CBR CL205 -69 SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tax Statements should be sent to: Columbia Heights Economic Development Authority 590 40th Avenue NE Columbia Heights, MN 55421 49 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM ITEM NO. 7D MEETING DATE OCTOBER 9, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Contract #2017 -2799 Change Order DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Keith M Dahl, October 3, 2017 BY /DATE: �� CITY STRATEGY: #6: Excellent Housing /Neighborhoods Additional Strategy? #1; Safe Community SHORT TERM GOAL (IF APPLICABLE): #1 Develop a Pride of Ownership Plan Additional Goal? BACKGROUND: On July 10, 2017, the City Council (the "Council ") approved Resolution 2017 -78, a resolution which approved Contract #2017 -2799 (the "Contract ") by and between the City of Columbia Heights (the "City ") and Kamish Excavating (the "Contractor ") for the abatement and demolition of all primary and accessory structures located at 4201 Jefferson Street NE and 4641 -43 Polk Street NE, Columbia Heights, Minnesota. Pursuant to the Contract, the Contractor agreed to furnish all work, labor, materials, and equipment necessary to complete the work as set forth in the Contract for the sum of $48,449.00 (the "Contract Price "). However, after abatement and during demolition of the primary structure located at 4641 -43 Polk Street, the Contractor uncovered several linear feet of transite asbestos piping underneath the subflooring of the foundation. At that time, the Contractor immediately notified the City to determine the appropriate course of action. Since the transite asbestos piping would have never been identified until it was uncovered during demolition, staff determined that the additional cost associated to the excavation and disposal of the transite asbestos piping would constitute a change order to the Contract Price. The following table is a breakdown of the proposed change order to the Contract Price: Costs of Removal: Costs of Disposal: $ $ 392.00 627.00 Original Contract Price: Net Change Order Increase: $ $ 48,449.00 1,019.00 Net Change Order Increase: $ 1,019.00 Proposed Contract Price: $ 49,468.00 STAFF RECOMMENDATION: Staff recommends approval of the above referenced change order for a new Contract Price of $49,468.00. RECOMMENDED MOTION(S): Motion: Move to approve the change order request submitted by Kamish Excavating for the additional costs incurred from the excavation and disposal of the transite asbestos piping in the amount of $1,019.00. ATTACHMENTS: Work Agreement Change Order (1 Page) 50 Contract # 2017 -2799 CITY OF COLUMBIA HEIGHTS WORK AGREEMENT — CHANGE ORDER The Work Agreement made on the 10th day of July, 2017 by and between the City of Columbia Heights (the "City') and Kamish Excavating, Inc. (the "Contractor ") for the abatement of asbestos, lead and hazardous materials; and demolition of two (2) residential properties located at 4201 Jefferson Street NE and 4641 -43 Polk Street NE, Columbia Heights, Minnesota as detailed in the Request For Quotes (the "RFQ "). CONTRACT PRICE ... The Contractor agrees to furnish all work, labor, materials, and equipment necessary to complete the Work as set forth in the Contract Documents for the sum of $49,468.00 (the "Contract Price "), to be paid by the City in accordance with the terms and conditions of this Agreement and the Scope of Work and Specifications. The Contract Price shall constitute the sole compensation payable to the Contractor for its performance of the Work or anything done in connection therewith including expenditures by the Contractor for all taxes, permits, licenses, and bonds required to perform the Work. The Contractor shall indemnify and save the City harmless from and against any liability for any such taxes, fees, premiums, contributions, etc. that the Contractor incurs in connection with the Work. An increase of $1,019.00 has been added to the Contract Price due to the additional costs of excavation and disposal of the transite asbestos piping that was uncovered during demolition of the primary residential structure located at 4641 -43 Polk Street NE. All other terms of the Work Agreement and Scope of Work and Specifications remain in effect. Dated: 2017. CITY OF COLUMBIA HEIGHTS By Its Mayor By Its City Manager CONTRACTOR By Its President 51 QI ME EAGEND(IA SECTION CONSENT . 7E MEETING DATE OCTOBER 9, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approve Actions of the Columbia Heights Volunteer Firefighters Relief Association DEPARTMENT: Fire CITY MANAGER'S APPROVAL: BY /DATE: Gary Gorman / October 9, 2017 BY /DATE: CITY STRATEGY: #1; Safe Community Additional Strategy? #7: Strong Infastructure /Public Services SHORT TERM GOAL (IF APPLICABLE): #2 Conduct an Evaluation of City Services and Staffing Levels Additional Goal? N/A BACKGROUND: The Columbia Heights Volunteer Firefighters Relief Association has recently made a change to their bylaws and updated two policies. They are: 1. Article IV, Section 4.1 of the Bylaws defines when newly hired firefighters start accruing service time. Currently new hires start accruing service time at time of hire. Initial training lasts for approximately 12 to 18 months to achieve their initial minimum certifications. During this time they do not answer calls or attend regular fire department training. The change will have their service time accrual starting when they have attained their initial minimum fire department certifications. (Attachment A, Pages 54 -67) 2. The Relief Association is required to have an investment policy. The investments have changed through the years and have moved outside of the minimums and maximums of the current policy. This has been pointed out to the Relief Association Board by KDV, our auditor over the past couple of years. The only change made to the current policy is the minimum and maximum percentages of the investments. Currently the investments fall within the new scale. (Attachment B, Pages 68 -74) 3. The final change is changes to the compensation policy for Board of Trustee officers. The past policy was based on lower base compensation with additional compensation for each meeting attended. This was due to the high number of meetings the group used to complete its work and conduct its business. Over the past few years the Board has become very efficient in its work and has eliminated the need for the high number of meetings, but the officers still put in a large amount of hours outside of meetings to complete its work. The change is to the base compensation amounts of the four officer positions whichare doubled that of the past amount. (Attachment C, Page 75) These changes were approved by the Board of Trustees at their June 12, 2017 meeting. First reading of the changes was at a general membership special meeting on August 14, 2017. Approval of the changes was at a general membership special meeting on August 21, 2017. STAFF RECOMMENDATION: All major changes to Relief Association Bylaws and policies, especially involving changes to compensation, are required to be brought to the City Council for approval. Recommendation is to approve all three documents as presented. 52 City of Columbia Heights - Council Letter Page 2 RECOMMENDED MOTION(S): Move to approve the changes to the Columbia Heights Volunteer Firefighters Relief Association Bylaws, Compensation Policy, and Investment Policy as approved by the Columbia Heights Volunteer Firefighters Relief Association Board of Trustees and general membership. ATTACHMENTS: Attachment A — Bylaws Attachment B — Investment Policy Attachment C — Compensation Policy 53 ATTACHMENT A RESTATED BYLAWS OF COLUMBIA HEIGHTS VOLUNTEER FIREFIGHTERS RELIEF ASSOCIATION The Bylaws of the Relief Association are hereby amended in their entirety and restated effective as of March 1, 2013. ARTICLE I NAMES As provided in the Articles of Incorporation, the name of this organization shall be the Columbia Heights Volunteer Firefighters Relief Association (the "Association "). ARTICLE II DEFINITIONS General Definitions Whenever appropriate, words used herein in the singular shall include the plural, the plural may be read as the singular, and the masculine shall include the feminine. The following words and phrases when used herein shall have the following meanings except as otherwise required by the context in which they are used: "Active Member" is a member of the Association who is eligible for benefits and is currently meeting the minimum firefighter and service standards with the Fire Department or the Fire Chief. As of July 1, 2006, Active Members must be Volunteer Firefighters as defined in Section 2.1 of the Plan attached hereto. "Board of Trustees" or "Board" shall mean the Board of Trustees of the Relief Association, and shall perform the functions and assume the same duties as a Board of Directors under Minnesota Statutes, Chapter 317A. "Deferred Member" is a member of the Association who has retired or been terminated from the Fire Department but has not taken a distribution of benefits. "Fire Department" is the Fire Department serving the Municipality. "General Fund" shall mean the fund established pursuant to Minnesota Statutes, Section 424A.06 that holds the funds received from dues, fines, initiation fees, entertainment revenues and any money or property donated, given, granted or devised by any person, for unspecified uses. 2012 Bylaws V7.0 54 "Material Financial Interest" is a financial interest or expectation of any kind on the part of a Board member or Relative, which is substantial enough to reasonably affect the judgment of the Trustee who has a conflict of interest. The term "financial interest" includes any and all monetary expectations and exists when a Board member or Relative has rights (whether or not a Deferred Member or beneficiary) to be paid compensation, retiree benefits, or to have their expenses reimbursed or obligations or other liabilities repaid, etc. (See Article IX Fiduciary Responsibility.) "Municipality" is the City of Columbia Heights. "Municipal Trustees," formerly known as `ex- officios,' are members of the Board of Trustees designated solely by the Municipality and shall include the two appointed or elected officials and the fire chief, as further defined in Section 5.1 herein. "Relative" is a member of one's family and includes spouses, parents, children, siblings, in -laws, aunts, uncles, first cousins, step - parents, step- children, and may include other family members such as common -law partners or long -time companions, of a Trustee who has a conflict of interest. (See Article IX Fiduciary Responsibility.) "Special Fund" shall mean the fund as defined in Section 2.1 of the Plan attached hereto. "Supermajority" is required when there is a conflict of interest on an item to be voted on by the Board of Trustees because one or more Trustees have a Material Financial Interest. A Supermajority is the majority of those Trustees after subtracting the Trustee(s) who has a conflict of interest (e.g., Nine (9) Trustees less two (2) with a conflict = Seven (7). Supermajority would require four (4) Trustees to vote in favor to pass the motion). (See Article IX Fiduciary Responsibility.) ARTICLE III PURPOSE As provided in the Articles of Incorporation, the purpose of the Association is to provide retirement relief and other benefits to members and their dependents. For purposes of Chapter 424A of Minnesota Statutes, the Association is a governmental entity that receives and manages public funds to provide retirement and ancillary benefits for individuals providing the governmental services of firefighting and, if applicable, emergency response. The Association may also raise funds from private sources to furnish fire and emergency equipment for the Fire Department, and for other purposes deemed necessary and appropriate by the Association to the extent permitted by law. Benefits paid to members and their dependents shall be funded exclusively through governmental sources and, to the extent provided by State law, through restricted donations. 2012 Bylaws V7.0 55 ARTICLE IV MEMBERSHIP 4.1 Admission. All firefighters of the Fire Department are members of the Association and shall be eligible for benefits, except as otherwise stated in these bylaws. An application for membership shall be completed on the Membership Application and Beneficiary Designation form to become eligible for benefits in the Association. The membership application shall be submitted to and approved by the Relief Association Board. Upon appf-eval of *'�° member's application the date a member completes the minimum required certifications established by the Fire Department, such member shall accrue service credit for all active service �,vhi1° in probationary status. The minimum required certifications of the Fire Department are defined as EMT and Firefighter II. 4.2 Membership Duties. The Association does not require membership duties. 4.3 Membership Dues. The Association does not require membership dues. 4.4 Member Voting Rights. Each Active Member shall be entitled to one (1) vote on any matter voted upon by the membership. Deferred Members are not entitled to vote. Voting by proxy /absentee ballot is permitted following the procedures set forth in Section 4.5. 4.5 Proxy /Absentee Ballot. Member Voting: If permitted by the Board prior to a meeting, voting members may cast votes by submitting an absentee ballot provided by the Board that is signed by the member and deposited in the ballot box set out by the Board. Submission of an absentee ballot shall constitute a proxy to the officer of the Association designated and authorized on the ballot who is bound to cast the member's vote in accord with the member's ballot choices. The member may withdraw his /her proxy /absentee ballot by attending a meeting and voting in person. Use of proxies /absentee ballots may only be used on items listed on the ballot and may not be used when trustees and /or officers are elected from the floor during the meeting. Counting Ballots: If ballots were used because there were more than two candidates for any Trustee position up for election as indicated under Section 7.2, an officer of the Association who is not standing for election shall count the ballots as follows: All first choices are counted, and if no candidate wins a majority of first choices, then the last place candidate is eliminated. Ballots of voters who ranked the eliminated candidate first are redistributed to their next choice candidates, as indicated on each voter's ballot. Last place candidates are successively eliminated and ballots are redistributed to next choices until one candidate remains or a candidate gains a majority of votes. In case of a tie resulting from the above procedure, the candidates receiving the two highest number of votes shall be placed into new balloting to be effected at the meeting. The previously submitted proxy /absentee ballots shall be recounted using the above procedures for the two candidates who have tied. Simultaneously, members present at the meeting will recast their vote for the two candidates who have tied. Additional balloting including the proxy /absentee ballots 2012 Bylaws V7.0 56 for said office shall continue until one candidate shall receive a majority of votes cast on a reballot and he shall be elected to said office. 4.6 Separation. For records retention and administration of the Association, the Board may request that a Deferred Member complete and submit a Membership Separation Form. 4.7 Member Recognition. The Association may continue to honor members whose status has changed between volunteer /paid on -call and full- or part-time employee of the same Fire Department. The members shall adopt written policies and procedures, including any eligibility or types of recognition. 4.8 Termination. Any member who is terminated by the Fire Department or Municipality shall cease accruing benefits under the Association as of the date of termination. ARTICLE V BOARD OF TRUSTEES 5.1 Composition. The Board of Trustees shall consist of nine (9) members. Six (6) trustees shall be elected from the membership of the relief association. There shall be three (3) officials drawn from the Municipality. The three (3) Municipal Trustees must be one (1) elected municipal official and one (1) elected or appointed municipal official, who are designated as municipal representatives by the municipal governing board annually, and the chief of the municipal fire department. The Municipal Trustees must be designated annually by the city council of the Municipality. 5.2 Duties. The Board of Trustees shall perform the functions and assume the same duties as a Board of Directors under Minnesota Statutes, Chapter 317A. In addition, the Board of Trustees shall: (a) Have exclusive control and management of all funds received by the Treasurer pursuant to the statutes of the State of Minnesota and all moneys or property donated, given, granted or devised for the benefit of the Association. (b) Examine the books, papers, funds, securities and property in the custody of the Treasurer, and general accounts, funds and securities, and property of the Association. (c) Examine and approve the validity of all claims prior to payment by the Treasurer. (d) Provide the forms on which members may submit claims to the Board of Trustees for their approval. (e) On an annual basis or more frequently as may be required to determine eligibility for benefits, confirm minimum firefighter and service standards pursuant to the 2012 Bylaws V7.0 57 Volunteer Firefighter definition in Section 2.1 of the Plan attached hereto. (f) Assume such additional duties as may be described in Article IX herein and in Association policies and procedures or required by state law including the establishment of any committee deemed necessary or appropriate. ARTICLE VI OFFICERS 6.1 Number. The number of officers of the Association and their duties shall be as set forth below. 6.2 President. It shall be the duty of the President of the Association to: (a) Have general active management of the business of the corporation; (b) When present, preside at meetings of the Board and of the members; (c) See that orders and resolutions of the Board are carried into effect; (d) Sign and deliver in the name of the corporation bonds, contracts, or other instruments pertaining to the business of the corporation, except in cases in which the authority to sign and deliver is required by law to be exercised by another person or is expressly delegated by the articles or bylaws or by the Board to another officer or agent of the corporation; (e) Maintain records of and, when necessary, certify proceedings of the Board and the members; and (f) Perform other duties prescribed by the Board. 6.3 Pro Tem Officers. In the absence of the President and Vice President, if applicable, the Board of Trustees shall appoint an interim President from the existing Officers and /or Trustees other than the Municipal Trustees, who shall perform the duties applicable to the office. 6.4 Vice President. It shall be the duty of the Vice President to perform the duties of the President in the President's absence. 6.5 Secretary. It shall be the duty of the Secretary of the Association to: (a) Keep a record showing the correct addresses of all members and request the names of their beneficiaries. (b) Keep or cause to be kept an accurate record of all meetings of the Association and of all meetings of the Board of Trustees. 2012 Bylaws V7.0 58 (c) Conduct and direct the investigation of all claims. (d) Keep a record of all monies received and paid out by the Treasurer. (e) Provide access to the Association's Articles, Bylaws, minutes, and financial statement on the last annual accounting period to all members or all Board of Trustees (including the Municipal Trustees), for any proper purposes they may have, in accord with Minnesota Statutes, Section 317A.461. 6.6 Treasurer. It shall be the duty of the Treasurer of the Association to: (a) Receive and receipt all monies due the Association from members and other sources and to keep accurate accounts and records of all the money so received. (b) Have custody of all monies and securities belonging to the Association. (c) Furnish a surety bond in favor of the Association for the faithful performance of all duties involving the Association and for the safekeeping of, or accounting for, all monies and securities that may come into its possession. The bond shall be in an amount equal to at least 10% of the assets up to a maximum of $500,000. (d) Pay all properly approved claims for benefits, and to pay all bills incurred in the way of necessary expenses in the conduct of the business of the Association and to keep accurate accounts and records of all the money so paid. 6.7 General Duties. (a) It shall be the duty of any two (2) officers of the Association to countersign all checks issued by the Association. (b) The officers shall annually prepare an annual financial report of the Association's receipts, disbursements, and balances in the Special and General Funds for the preceding calendar year on a form prescribed by the Office of the State Auditor. They shall transmit the report to the city clerk or clerk - treasurer of the Municipality for inspection, signature and transmission to the State Auditor pursuant to law. (c) Pursuant to the Volunteer Firefighter Relief Association Financing Guidelines Act of 1971, the officers of the Association shall, annually, determine the financial requirements of the Special Fund for the following year. The financial requirements of the relief association and the minimum municipal obligation must be included in the financial report or financial statement. 2012 Bylaws V7.0 59 6.8 Compensation. As compensation for services to the Association by the officers, the membership may at its annual meeting authorize payment of an aggregate salary expense payable from the Special Fund to one (1) or more of these officers. The remaining trustees may also receive a salary from the Special Fund, if the amount is approved by the Municipality. ARTICLE VII ELECTIONS 7.1 Trustee Terms. The Trustees shall be elected to staggered three -year terms. There will be two (2) Trustees elected by the membership each year at the annual meeting of the Association, and begin their individual terms on May 1 following the meeting. Each appointed Municipal Trustee term is one (1) year or until the person's successor is qualified, whichever is later. The term of a Municipal Trustee shall terminate upon termination of the Trustee's position with the Municipality. An individual Trustee may serve an unlimited number of terms. 7.2 Voting on Trustees. Each of the positions on the Board of Trustees who are not the Municipal Trustees shall be voted on separately by the Active Members in attendance at the annual meeting. No nominations of slates of candidates or cumulative voting shall be allowed. All votes unless specified prior to the vote, shall be conducted by a voice vote. A simple majority of those present at the meeting is needed to elect. If a simple majority cannot be determined by voice vote, the officer in charge of the vote shall ask for a show of hands or for a secret ballot. A trustee who was elected by the membership may be removed with or without cause by a simple majority vote of the Active Members in any subsequent annual, regular or special meeting. If allowed by the Board of Trustees under Section 4.5, a proxy /absentee ballot may be used to perform "runoff voting" if there are more than two candidates for any Trustee position up for election and Active Members must rank candidates by order of preference. See Section 4.5 for counting ballots. 7.3 Officer Terms. The offices of President, Vice President, Secretary, and Treasurer shall be elected to one -year terms, and begin their individual terms on May 1 following the meeting. 7.4 Voting on Officers. Officers are elected by the Active Members each year at the annual meeting of the Association from among the elected Trustees. Each position will be nominated and elected separately at this meeting. All votes unless specified prior to the vote, shall be conducted by a voice vote. A simple majority is needed for an officer to be elected. If a majority cannot be determined by voice vote, the officer in charge of the vote shall ask for a show of hands or for a secret ballot. Voting by proxy /absentee ballot will be allowed under Section 4.5. An officer may be removed with or without cause by a simple majority vote of the Active Members in any subsequent annual, regular or special meeting. No individual may hold more than one (1) officer position at one (1) time. 2012 Bylaws V7.0 60 7.5 Officer and Trustee Vacancies. In the case of death, resignation or removal from office for any elected officer or Trustee of the Association, except a Municipal Trustee, the vacancy shall be filled by the Board of Trustees from the membership at a Board meeting to be duly called for the purpose of filling out this term. In the event an officer fails to retain his position as an elected Trustee, he must vacate his officer position pursuant to Minnesota Statutes, Chapter 424A Volunteer Firefighters' Retirement. ARTICLE VIII MEETINGS 8.1 Annual Meeting of the Members. The annual (regular) meeting of the members shall be held in February on a date designated by the Board. The place of the meeting shall be designated and may be changed from time to time by the Board of Trustees. 8.2 Regular Meetings of the Members. The members shall have no regular meetings. 8.3 Special Meetings of the Members. Special meetings of the members may be called at any time upon the written order of the President and one (1) other member of the Board of Trustees, or 20 percent of the voting members of the Association. The place of the meeting shall be designated and may be changed from time to time by the Board of Trustees. 8.4 Notice of Meetings of the Members. A notice of every annual and any special meetings of the members shall include the date, time, place and purpose of the meeting and be posted on the bulletin board of the Association, or if no bulletin board, on the door of its usual meeting room; and in accord with Minnesota Statutes, Section 317A.433 Subd 4, business at a special membership meeting must be limited to the stated purpose; and further in accord with Minnesota Statutes Section 317A.435, each voting member shall be provided at least five (5), but not more than sixty (60) days, before the meeting, (excluding the date of the meeting) with notice setting forth the date, time, place, and purpose of the meeting. 8.5 Member Quorum. Thirty (30) percent of the Active Members of the Association shall constitute a quorum for the transaction of business at their meetings. 8.6 Member Voting. Each Active Member present at the meeting shall be entitled to one (1) vote. All votes, unless specified prior to the vote, shall be conducted by a voice vote. If a majority cannot be determined by voice vote, the officer in charge of the vote shall ask for a show of hands or for a secret ballot. Voting by proxy /absentee ballot will be allowed under Section 4.5. A voting "majority" is majority of the quorum, not majority of the entire association membership. 8.7 Regular Meetings of the Board of Trustees. Meetings of the Board of Trustees shall be held in February, May, August and November. Meetings of the Board of Trustees shall be held at the Fire Station unless noticed for another place within the City as designated by the Board. 8.8 Special Meetings of the Board of Trustees. Special meetings of the Board of Trustees may be called at any time upon the written order of the President and one (1) other 2012 Bylaws V7.0 61 member of the Board of Trustees. The meeting shall be held at the Fire Station unless noticed for another place within the City as designated by the Board. 8.9 Notice of Meetings of the Board of Trustees. The association is governed by Minnesota Statutes, Section 13D.01 which requires that all meetings of the Association's Board of Trustees be open to the public with rare exceptions. All notices provided for in this Article shall comply with Minnesota Statutes, Section 13D.04 which requires at a minimum that: (a) a schedule of any regular meetings of the Board of Trustees be kept on file at the Association offices, and (b) for special meetings, a notice stating the date, time, place and purpose of the meeting be posted on the bulletin board of the Association, or if no bulletin board, on the door of its usual meeting room; and in accord with Minnesota Statutes, Section 317A.231, each Trustee shall be provided at least three (3), but not more than sixty (60) days, before the meeting, (excluding the date of the meeting) with notice setting forth the date, time, place, and purpose of the meeting. 8.10 Board Quorum. A majority of the Board of Trustees then in office shall constitute a quorum for the transaction of business at its meetings. 8.11 Board Voting. Unless the Articles or Bylaws specify otherwise, an action of the Board shall be effected by a majority vote of the Trustees present and eligible to vote once a quorum has been achieved. The officer in charge of a vote shall ask for a show of hands but shall not allow for a secret ballot nor proxy, and each vote shall be recorded in a public journal. No action shall be considered once a quorum has been lost. 8.12 Electronic Meeting Prohibited. Any meeting of the Board of Trustees or the membership by solely electronic means (e.g., e -mail, simulchat or phone conference) that is not accessible to the public at a set meeting location is prohibited. 8.13 Order of Business. At any annual, regular and all special meetings, the order of business shall be as follows: (a) Call to order by the President (b) Roll call (verify quorum) (c) Secretary's Report (reading of previous minutes) (d) Treasurer's Report (e) Report of the Board (member meeting) (f) Report of other committees (Board or member meeting) (g) Election of Trustees and Officers, if applicable (annual member meeting) (h) Old Business (i) New Business 0) Adjournment 2012 Bylaws V7.0 62 ARTICLE IX FIDUCIARY RESPONSIBILITY 9.1 Board of Trustees. Each member of the Board of Directors, also acts as a trustee of the Special Fund. The Board of Directors therefore also acts as the Board of Trustees. The Board of Trustees is charged with administering retirement and ancillary benefits under the Special Fund, and the Trustees are fiduciaries subject to the standard of care set forth in Minnesota Statutes, Section 11A. 09 and Section 356A.04. This includes specifically assuming such additional duties as may be described in Association policies and procedures or required by state law, including: (a) adopting an investment policy; (b) providing written investment restrictions to brokers; (c) securing certificates of insurance; and (d) establishing a continuing education plan in order to keep abreast of their fiduciary responsibilities. 9.2 Prohibited Transactions. No fiduciary of the Association shall cause the Association to engage in a transaction if the fiduciary knows or should know that a transaction constitutes one (1) of the following direct or indirect transactions: (a) sale or exchange or leasing of any real estate between the Association and a Board member; (b) lending of money or other extension of credit between the Association and a Board member or member of the Association; (c) furnishing of goods, services, or facilities between the Association and a Board member; (d) transfer to a Board member, or use by or for the benefit of a Board member, of any assets of the Association. Transfer of assets does not mean the payment of Association benefits or administrative expenses permitted by law; or (e) sale, exchange, loan, or lease of any item of value between the Association and a fiduciary of the Association other than for a fair market value and as a result of an arm's - length transaction. 9.3 Fiduciary Responsibilities Apart from the Special Fund. Although the title "Trustee" is applied to members of the Board of Directors of the Association, the fiduciary standard that Directors are subject to is two - tiered as a matter of State law. With respect to the Association's Special Fund, Trustees are required to meet a standard of care that applies to fiduciaries under Minnesota Statutes, Section 1 IA. 09 and Section 356A.04, as described above. With respect to business and management decisions not including decisions related to the Special Fund, all Trustees are required to meet a standard of care that applies to nonprofit corporation Directors under Minnesota Statutes, Section 317A.251. These decisions include, but are not 2012 Bylaws V7.0 10 63 limited to, business decisions regarding fund- raising activities, and disposition of and management of the General Fund.. Accordingly, in their decision - making and management, Trustees must discharge the duties of their position in good faith, in a manner the Director reasonably believes to be in the best interests of the Association, and with the care an ordinarily prudent person in a like position would exercise under similar circumstances. Directors are not, in accord with that same statutory section, considered "Trustees" with respect to the Association or with respect to property held or administered by the Association. 9.4 Conflict of Interest Procedures. When a member(s) of the Board of Directors has a conflict: (a) Each member of the Board of Directors, whether acting as a Director or as an Officer of the Association, has a duty to disclose to the Board (or to any committee of the Board) the material facts of any proposed transaction or action of the Association in which they or a Relative have a Material Financial Interest. (b) The disclosure required under (a) (above) must be made, to the extent possible, prior to any consideration of such proposed transaction or action by the Board of Directors or by any applicable committee of the Board of Directors. If a Board member does not recognize the existence of a conflict prior to the Board of Director's decision regarding the transaction, that person has a duty to disclose the material facts of the conflict as soon as the conflict is recognized. (c) The Board member having a conflict shall not participate in the deliberation or decision regarding the matter under consideration and shall leave the room during deliberations except when he has been invited by the Board or committee to participate, after consideration of the significance to the Association of the disclosed conflict. The Board of Directors or committee may also request that he provide the Association with any relevant information known to the Board member regarding the matter. (d) Any proposed transaction or action in which the Board of Directors has determined that a Director has a conflict of interest that is not "de minimis" is to be approved by a maiority of all the Board of Directors then - serving who would be entitled to vote and who are not interested Board members at a meeting at which a quorum is present (i.e., by a Supermajority of the entire Board of Directors not including a Board member(s) who has a conflict of interest), even though the non - conflicted directors may constitute less than a quorum). Deliberations by the Board of Directors regarding the conflict shall be documented in Board minutes no later than 60 days following the subject meeting. The votes of each Board member in support or in opposition to the transaction or action shall be noted. (e) All Board members are obligated to notify the Board of Directors if they believe another Board member has failed to disclose a conflict, and this procedure shall be followed by the Board of Directors in all such instances. 2012 Bylaws V7.0 m 64 ARTICLE X FUNDS 10.1 Funds. All money received by the Association shall be kept in two (2) separate funds, the General Fund and the Special Fund. Disbursements from the funds shall be in accordance with Minnesota Statutes and Rules and the Bylaws of the Association. 10.2 General Fund. The funds received by this Association from: dues, donations, fines, initiation fees, entertainment revenues and any moneys donated for unspecified uses shall be kept in the General Fund and may be disbursed upon a majority vote of the membership or of the Board of Trustees for any purpose reasonably suited to promote the welfare of the Association and its members. All expenses shall be paid out of the General Fund, except as specifically authorized to be disbursed from the Special Fund. These records shall be open for inspection by any member of the relief association at reasonable times and places. 10.3 Special Fund. All funds received by this Association from any tax sources, membership dues, except for dues payable as contributions to the General Fund, and other money that may be directly donated or transferred to said funds, shall be kept in a separate account on the books of the Treasurer known as the Special Fund and shall be disbursed only for the following purposes: (a) Payment of members' service pension benefits in accordance with these Bylaws, (b) Payment of ancillary benefits in accordance with these Bylaws, (c) Payment of fees, dues and assessments to the Minnesota State Fire Department Association and to the Minnesota Area Relief Association Coalition, (d) Payment of insurance premiums to the Volunteer Firefighters Benefit Association, or an insurance company licensed by the State of Minnesota offering casualty insurance, and (e) All administrative expenses authorized under Minnesota Statutes, Section 69.80. These records shall be public and open for inspection by any member of the relief association, any officer or employee of the state or municipality, or any member of the public, at reasonable times and places. 10.4 Deposits. All money belonging to this Association shall be deposited to the credit of the Association in such banks, trust companies, or other depositories as the Board of Trustees may designate. Board of Trustees shall make deposits in conformance with Minnesota Statutes, the Bylaws and the investment policy. 2012 Bylaws V7.0 12 65 ARTICLE XI APPENDICES INCORPORATED IN BYLAWS The following appendices attached hereto are expressly incorporated herein as a component of these Bylaws, with the same legal force and effect of Bylaws. Appendix A: Bylaw Amendment History. Appendix B: Intentionally Left Blank. Appendix C: Intentionally Left Blank. Appendix D: Columbia Heights Volunteer Firefighters Relief Association Defined Contribution Retirement Plan. Appendix E: Defined Contribution History. Appendix F: Special Laws ARTICLE XII AMENDMENTS 12.1 Amendment of Articles of Incorporation by Members. Amendments to the Articles of Incorporation must be approved by a majority of the Board of Trustees and by a majority of the Active Members. The exception is changing the relief association's physical address; in that case, the Board of Trustees may amend the Articles of Incorporation without member approval. If an amendment is initiated by the Directors, proper notice of the proposed amendment must precede a meeting of the members at which the amendment will be considered and must include the substance of the proposed amendment. If an amendment is proposed, the members may demand a meeting of the Board of Trustees within 60 days for consideration of the proposed amendment if a regular meeting of the Board would not occur within 60 days. 12.2 Amendment of Articles of Incorporation by Board when Authorized by Members. When authorized by Active Members, the Articles of Incorporation may be amended by the Board of Trustees by the affirmative vote of a majority of the Trustees then in office, at a meeting for which notice of the meeting and the proposed amendment have been given. The members may prospectively revoke the authority of the Board to exercise the power of the members to amend the Articles, with the exception of amending the relief association's physical address, which the Board can amend without member approval. Nothing in this Section shall be construed to permit the Board to adopt, amend, or repeal provisions in the Articles that would alter the rights of the membership. 12.3 Amendment of Bylaws by Board. The Bylaws of the Association may be amended by the Board at any regular or special meeting of the Board by a vote of the majority present and voting, provided that a quorum is present; and provided further that a notice of date, time, place, purpose of the meeting and proposed amendment be posted on the bulletin board of the Association, or if no bulletin board, on the door of its usual meeting room, and in accord with Minnesota Statutes, Section 317A.231, each Trustee has been provided at least three (3), but not more than sixty (60) days, before the meeting, (excluding the date of the meeting) with notice 2012 Bylaws V7.0 13 66 setting forth the date, time, place, purpose of the meeting and proposed amendment. Board Limitations of Bylaw Amendments. Nothing in this section shall be construed to permit the Board to adopt, amend or repeal provisions regarding: (a) Amending in any way the definition of "Active Service" set forth in the Plan attached hereto (b) Changing the vesting schedule set forth in the Plan attached hereto (c) Membership (Article IV) (d) Compensation (Section 6.8) (e) Elections (Article VII) (0 Member Quorum (Section 8.5) (g) Revise the number of Members required to amend the Bylaws (Section 12.4) (h) or limit the right of at least ten percent of the membership to propose a resolution for action by the members to adopt, amend, or repeal Bylaws that the Board has taken action to adopt, amend or repeal pursuant to this section. 12.4 Amendment of Bylaws by Members. The Bylaws of the Association may be amended at any regular or special meeting by a majority vote of the Active Members present and voting, provided that a quorum is present; and provided further that notice of any proposed amendment(s) shall be given by posting or reading the same at any regular or special meeting not less than five (5), but not more than thirty -one (3 1) days preceding that upon which such amendment(s) are to be acted upon (excluding the date of the meeting). 2012 Bylaws V7.0 14 67 ATTACHMENT B STATEMENT OF INVESTMENT POLICY, OBJECTIVES, & GUIDELINES Columbia Heights Fire Department ReliefAssociation - Volunteer Division GENERAL INFORMATION This statement of investment policy reflects the investment policy, objectives, and constraints of the Columbia Heights Fire Department Relief Association - Volunteer Division. PURPOSE OF THIS INVESTMENT POLICY STATEMENT This statement of investment policy is established by the Trustees in order to: 1. Define and assign the responsibilities of all involved parties. 2. Establish a clear understanding for all involved parties of the investment goals and objectives for Plan assets. 3. Offer guidance and limitations to all Investment Managers regarding the investment of Plan assets. 4. Establish a basis for evaluating investment results. 5. Ensure that Plan assets are managed in accordance with the Employee Retirement Income Security Act of 1974 (ERISA) and regulations pertaining thereto. 6. Establish the relevant investment horizon for which Plan assets will be managed. In general, the purpose of this statement is to outlhl e a philosophy and attitude which will guide the investment management of Plan assets toward the desired results. It is intended to be sufficiently specific to be meaningful, yet flexible enough to be practical. ASSIGNMENT OF RESPONSIBILITY Responsibility of the Trustees The Trustees are charged by law with the responsibility for the management of the assets of the Plan. The Trustees shall discharge their duties solely in the interest of the Plan, with the care, skill, prudence and diligence under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character with like aims. DRAFT CHFD Relief Association Investment Policy June 2017 Page 1 of 7 68 DEFINITIONS "Plan" shall mean the investments of the Columbia Heights Fire Department Relief Association - Volunteer Division. 2. "Board of Trustees" shall mean the governing board established to administer the Plan as specified by applicable state law. 3. "ERISA" shall mean the Employee Retirement Income Security Act of 1974, any amendments thereto, and any regulations issued pertaining to the Act. 4. "Fiduciary" shall mean any individual or group of individuals as defined in ERISA, Section 3 (21)(a). 5. "Investment Manager" shall mean any individual, or group of individuals, hired to manage the investments of all or part of the plan assets. 6. "Investment Management Consultant" shall mean any individual or organization hired to provide advisory services, including advice on investment objectives and /or asset allocation, manager search, and performance monitoring. 7. "Securities" shall refer to the marketable investment securities which are defined as acceptable in this statement. 8. "Investment Horizon" shall be the time period over which the investment objectives, as set forth in this statement are expected to be met. The investment horizon for this plan is 5 years. 9. "Custodian" shall mean any individual or organization hired to provide custodial services for the Plan. DELEGATION OF AUTHORITY The Board of Trustees is a fiduciary under ERISA, and is responsible for directing and monitoring the investment management of Plan assets. As such, the Board of Trustees is authorized to delegate certain responsibilities to professional experts in various fields. These include, but are not limited to: Investment Management Consultant. The consultant may assist the Board of Trustees in: Establishing investment policy, objectives, and guidelines; selecting investment managers; reviewing such managers over time; measuring and evaluating investment performance; and other tasks as deemed appropriate. 2. Investment Manager. The investment manager may choose the specific securities that will be used to meet the Plan's investment objectives. Such services also include economic analysis, and deciding when to purchase, sell, or hold individual securities. DRAFT CHFD Relief Association Investment Policy June 2017 Page 2 of 7 69 Custodian. The custodian will physically (or through agreement with a sub - custodian) maintain possession of securities owned by the Plan, collect dividend and interest payments, redeem maturing securities, and effect receipt and delivery following purchases and sales. The custodian may also perform regular accounting of all assets owned, purchased or sold, as well as movement of assets into and out of the Plan accounts. 4. Additional specialists such as attorneys, auditors, actuaries, retirement plan consultants, and others may be hired by the Board of Trustees to assist in meeting its responsibilities and obligations to administer Plan assets prudently. The Board of Trustees shall reserve control over the Plan. Investment Managers will be held responsible and accountable to achieve the objectives herein stated. While it is not believed that the limitations will hamper investment managers, each manager should request modifications which they deem appropriate. If such experts hired are also deemed to be fiduciaries, they must acknowledge such in writing. All expenses for such experts must be customary and reasonable, and will be borne by the Plan as deemed appropriate and necessary. GENERAL INVESTMENT PRINCIPLES 1. Investments shall be made solely in the interest of the participants and beneficiaries of the Plan and for the exclusive purpose of providing benefits accrued thereunder and defraying reasonable expenses of administration. 2. The Plan shall be invested with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in like capacity and familiar with such matters would use in the investment of a fund of like character and with like aims. 3. Investments of the Plan shall be so diversified as to minimize the risk of large losses. 4. The Board of Trustees may hire one or more investment managers of varying styles and philosophies to attain the Plan's objectives. INVESTMENT OBJECTIVES In order to meet its needs, investments of the Plan shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that losses on individual securities do not exceed the income earned within the entire portfolio. Following the satisfaction of liquidity and maturity needs, the balance of available funds shall be invested in securities that offer the highest rate of return consistent with preservation of capital. DRAFT CHFD Relief Association Investment Policy June 2017 Page 3 of 7 70 SPECIFIC INVESTMENT GOALS Over the investment horizon established in this Statement of Investment Policy, it is the goal of the aggregate Plan assets to meet or exceed: 1. The rate of inflation (as measured by the Consumer Price Index) by 1.0 %. 2. The return of the IBC /Donoghue's Money Fund Average Net Yield index. It is the goal of Plan assets invested in Equity Securities to meet or exceed the return of the Standard & Poors 500 Stock Index. INVESTMENT MANAGEMENT POLICY 1. Preservation of Capital - Consistent with their respective investment styles and philosophies, investment managers should make reasonable efforts to preserve capital, understanding that losses may occur on individual securities. Risk Aversion - Understanding that risk is present in all types of securities and investment styles, the Board of Trustees recognizes that some risk is necessary to produce long -term investment results that are sufficient to meet the Plan's objectives. However, investment managers are to make reasonable efforts to control risk, and will be evaluated regularly to ensure that the risk assumed is commensurate with the stated investment style and objectives. 3. Adherence to Investment Discipline - Investment Managers are expected to adhere to the investment styles for which they were hired. Investment Managers will be evaluated regularly for adherence to investment discipline. LIQUIDITY To minimize the possibility of a loss occasioned by the sale of a security forced by the need to meet a required payment, the Board of Trustees will periodically provide the investment manager with an estimate of expected net cash flow. The Board of Trustees will notify the Investment Manager in a timely manner, to allow sufficient time to build up necessary liquid reserves. DRAFT CHFD Relief Association Investment Policy June 2017 Page 4 of 7 71 INVESTMENT GUIDELINES Allowable Assets 1. Cash Equivalents -Treasury Bills, Commercial Paper, C.D.'s, Bankers' Acceptance Notes - Money Market Funds - Repurchase Agreements 2. Bonds - U.S. Government and Agency Securities - Corporate Notes and Bonds - Mortgage Backed Bonds - Preferred Stock - Fixed Income Securities of Foreign Governments and Corporations - Collateralized Mortgage Obligations - Mutual Funds 3. Index Funds - Common Stocks - Convertible Notes and Bonds - Convertible Preferred Stocks - American Depository Receipts (ADRs) of Non -U. S. Companies - Stocks of Non -U.S. Companies (Ordinary Shares) - Mutual Funds 4. Growth Funds - Common Stocks - Convertible Notes and Bonds - Convertible Preferred Stocks - American Depository Receipts (ADRs) of Non -U.S. Companies - Stocks of Non -U.S. Companies (Ordinary Shares) - Mutual Funds Prohibited Assets Prohibited investments include, but are not limited to, the following: 1. Commodities and Futures Contracts 2. Private Placements 3. Options 4. Leveraged interest sensitive derivative instruments DRAFT CHFD Relief Association Investment Policy June 2017 Page 5 of 7 72 Prohibited Transactions Prohibited transactions include, but are not limited to the following: 1. Short Selling 2. Margin Transactions Asset Allocation Guidelines Investment management of Plan assets shall be in accordance with the following asset allocation guidelines: 1. Aggregate Plan Asset Allocation Guidelines (at market value) Asset Class Equities Minimum no% Maximum 2 "0 i~ixed—lneem 30oi 4807% Cash Equivalents 2 "0 Index Stocks -01r 30% 50% Growth Funds 30% 50% Bonds 15% 60% Cash or Cash Equivalents 0% 10% 2. The Board of Trustees may hire Investment Managers whose investment disciplines require investment outside the established asset allocation guidelines. However, taken as a component of the aggregate Plan, such disciplines must fit within the overall asset allocation guidelines established in this statement. Such investment managers will receive written direction from the Board of Trustees regarding specific objectives and guidelines. Diversification for Investment Managers The Board of Trustees does not believe it is necessary or desirable that securities held in the Plan represent a cross section of the economy. However, in order to achieve a prudent level of portfolio diversification, the securities of any one issuer (except U.S. Treasury obligations and mutual funds) should not exceed 5% of the total fund, and not more than 10 % of the total fund should be invested in any one industry. Guidelines for Fixed Income Investments and Cash Equivalents 1. Plan assets may be invested only in investment grade bonds rated A (or equivalent) or better. 2. Fixed income maturity restrictions are as follows: - Maximum maturity for any single security is 20 years. - Weighted average portfolio maturity may not exceed 7 -10 years. DRAFT CHFD Relief Association Investment Policy June 2017 Page 6 of 7 73 SELECTION OF INVESTMENT MANAGERS The Board of Trustee's selection of Investment Manager(s) must be based on prudent due diligence procedures. A qualifying investment manager must be a registered investment advisor under the Investment Advisors Act of 1940, or a bank or insurance company. The Board of Trustees requires that each investment manager provide, in writing, acknowledgment of fiduciary responsibility for Plan assets. DRAFT CHFD Relief Association Investment Policy June 2017 Page 7 of 7 74 ATTACHMENT C Columbia Heights Firefighters Relief Association Policies and Procedures Policy No. 2017 -101 Board of Trustees Compensation Objective: To specify Trustee compensation for services provided for the effective operation and management of the Relief Association based upon position held and activities /services performed by any member of the Board of Trustees. Compensation: The Trustees may be compensated annually from the Special Fund. The compensation shall be based on following three areas. Each position shall have a base pay assigned to compensate for regular activities and responsibilities as defined in the Bylaws. Trustees shall receive compensation based upon attendance to meetings and their active role during that meeting. Trustees shall receive compensation based on their active role in the timely filing of the annual audit. The following table details the amount of compensation per the activities defined above. Compensation of base and audit are annual amounts and may be divided as determined by the board of trustees. For example, if a position is only held one -half of the elected term, this would result in one -half of the annual base compensation. The Board of Trustees shall evaluate the performance of each member based on the responsibilities of each officer as defined by the Bylaws during a regular meeting on a quarterly basis. This shall be documented in the meeting minutes and shall be used to determine the total annual compensation payment. Officers and Trustees are not guaranteed these compensation values. Each member must perform their assigned tasks in a timely fashion with a majority of board approval to receive compensation. Payment: Payment of compensation shall be done annually, based upon the total amount determined by the roles and activities reviewed during the regular quarterly meetings. The payment shall be for the time of service between May 1 through April 30 to align with the effective dates for members on the Board of Trustees. The payment shall be made in full prior to July I following approval of the Board of Trustees. 75 Old Base New Base Audit Meetiniz President $500.00 $1000.00 $100.00 $50.00 Vice President $100.00 $ 200.00 $300.00 $20.00 Treasurer $500.00 $1000.00 $100.00 $20.00 Secretary $400.00 800.00 $100.00 $50.00 Trustee $0.00 $ 0.00 $ 0.00 $20.00 Trustee $0.00 $ 0.00 $ 0.00 $20.00 The Board of Trustees shall evaluate the performance of each member based on the responsibilities of each officer as defined by the Bylaws during a regular meeting on a quarterly basis. This shall be documented in the meeting minutes and shall be used to determine the total annual compensation payment. Officers and Trustees are not guaranteed these compensation values. Each member must perform their assigned tasks in a timely fashion with a majority of board approval to receive compensation. Payment: Payment of compensation shall be done annually, based upon the total amount determined by the roles and activities reviewed during the regular quarterly meetings. The payment shall be for the time of service between May 1 through April 30 to align with the effective dates for members on the Board of Trustees. The payment shall be made in full prior to July I following approval of the Board of Trustees. 75 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7F MEETING DATE OCT 9, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approve Gambling Permits, Immaculate Conception Church DEPARTMENT: Police CITY MANAGER'S APPROVAL- BY/DATE: Interim Chief Lenny Austin /10/5/201 BY /DATE: CITY STRATEGY: #1; Safe Community Additional Strategy? choose an item, SHORT TERM GOAL (IF APPLICABLE): Choose an i tem . Additional Goal? Goose an item. BACKGROUND: Immaculate Conception Church, 4030 Jackson Street NE, has submitted two requests for gambling permits. One is for a Turkey Bingo and raffle event to be held on November 19, 2017. The other is for a Spring Bingo and raffle event on March 18, 2018. Background checks have been conducted and the Police Department finds no issues that would preclude these licenses being issued. STAFF RECOMMENDATION: Since the organization satisfies the City Council resolution regarding one -time charitable gambling and has paid the $25 permit fee for each of these permits, the following actions are recommended. RECOMMENDED MOTION(S): 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 Immaculate Conception Church to conduct bingo and a raffle at their event being held November 19, 2017 at 4030 Jackson Street 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. 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 Immaculate Conception Church to conduct bingo and a raffle at their event being held March 18, 2018 at 4030 Jackson Street 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: Gambling permit applications Certificate of Exemption Letter from Archdiocese 76 MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit 9/17 Pane 1 of �; An exempt permit may be issued to a nonprofit Application Fee (non - refundable) organization that: • conducts lawful gambling on five or fewer days, and Applications are processed in the order received. If the application awards less than $50,000 in prizes during a calendar is postmarked or received 30 days or more before the event, the year, application fee is $100; otherwise the fee is $ISO. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651 -539 -1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling Name: The Church of the Immaculate Conception Permit Number: X- 01151 -17 -025 Minnesota Tax ID Federal Employer ID Number, if any: 8353667 Number (FEIN), if any: 41- 0703859 i Mailing Address: 4030 Jackson St NE City: Columbia Heights State: MN Zip: 5421 p: County: Anoka Name of Chief Executive Officer (CEO): John J. Mitchell Daytime Phone: 763- 788 -9062 Ext 215 Email: imitchell@immacc-church.org (Permit will be emailed to this email address.) NONPROFIT STATUS Type of Nonprofit Organization (check one): = Fraternal El Religious Veterans 0 Other Nonprofit Organization Attach a copy of gne 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.) ❑ A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate 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 ❑ IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1 -877- 829 -5500. IRS - 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. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): The Church of the Immaculate Conception Physical Address (do not use PA, box): 4030 Jackson St NE Check one: E✓ City: Columbia Heights Zip: 55421 County: Anoka 7 Township: Zip: County: Date(s) of activity (for raffles, indicate the date of the drawing): November 19, 2017 Check each type of gambling activity that your organization will conduct: Bingo Paddlewheels Pull -Tabs Tipboards Raffle (total value of raffle prizes awarded for the calendar year, including this raffle: $ fir+ • G1.7 ) Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo bail selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov /gcb and click on Distributors under List of Licensees, or call 651 - 539 -1900. 77 LG220 Application for Exempt Permit 9117 rage t or c 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 ambliin 9 g premises located within city limits The application is acknowledged with no waiting period. located in a township he application is acknowledged with no waiting period. [1he The application is acknowledged with a 30 -day waiting application is acknowledged with a 30 -day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after (60 days for a 1st class city). The application is denied. 30 days. Ohe authorized by state or federal law to have access to the information; individuals and agencies for application is denied. Print City Name: Print County Name: Signature of City Personnel: Signature of County Personnel: Title: Date: Title: Date: members, Board staff whose work requires TOWNSHIP (if required by the county) requested, the Board will be able to process the On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minn. Statutes, section 349.213.) - The city or county must sign before submitting application to the 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. I acknowledge that the financial report will be completed and returned to the Board within 30 d s of the event date. r �w p Chief Executive Officer's Signature: fir` /� Date: I 20 !� _ (Signature m be CEO's nature; designee may not sign) Print Name: ,;lQ ,i _ /Lj1Z"�L REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days, or • all gambling conducted on one day. a copy of your proof of nonprofit status, and Only one application is required if one or more raffle drawings are application fee (non - refundable). If the application is postmarked or received 30 days or more before the conducted on the same day. event, the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: A financial report form will be mailed with your permit. Complete To: Minnesota Gambling Control Board and return the financial report form to the Gambling Control 1711 West County Road B, Suite 300 South Board. Roseville, MN 55113 Your organization must keep all exempt records and reports for 3 -1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). Questions? Call the Licensing Section of the Gambling Control Board at 651 - 539 -1900. -- ° r ­_, . - "'..,,.,...., .. ­1v=­ on this form (and any attachments) will be used -ijpll auun. ,our organization's name and address will be public information when received ment of Public Safety; Attorney General; Commissioners of Administration, Minnesota by the Gambling Control Board (Board) to determine your organization's qualifications to by the Board. All other information provided will be private data about organization the Management & Budget, and Revenue; Legislative Auditor, be involved in lawful gambling activities in your until Board issues the permit. When the Board issues national and international gambling regulatory agencies; anyone pursuant to court Minnesota. Your organization has the right to refuse to supply the information; however, if the permit, all information provided will become public. If the Board does not issue a all order; other individuals and agencies specifically your organization refuses to supply this permit, information provided remains private, with the authorized by state or federal law to have access to the information; individuals and agencies for information, the Board may not be able to determine your organization's qualifications and, exception of your organization's name and address which will remain public. Private data which law or legal order authorizes a new use or sharing of information after this notice was as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the information members, Board staff whose work requires requested, the Board will be able to process the access to the information; Minnesota's Depart- This form will be made available in alternative format (i.e, large print, braille) upon request. An equal opportunity employer 78 Internal R&venua s&wc:a P. O. gox2sw C1nclnn4 OH 4528'3 Date: JUL 2$;2009 United States Conference of Catholic 8fsirops 32110 Sirwt; hi,E Washington, D.C. 2{}817 -i 194 Dear Siror Madam: Department of tine Tmasury Parson to Contact, Roger Mayer Tba Free Telephone Numbw. 877- $29 -SSQ0 FJrrptoyer Idert"caflori Numbest. 530196617 Croup Exempffon Number: 0928 In a ruling dated March 25, IM, via held thatthe agences and fnstrurnernaWas wid all educational, char'rtabta and religious instktaor►s operated, supervised, or controlled by orin connection WM the Roman Catholic Church In the United States, its territories or possessions appearing in The Off W CeftIaDAlc ory Ib46, are entiuedto exemption fro m FedeMI tnc*ma tax u ride rthe provisiori, of section 101(6) of the Internet Revenue Code of 1839, which correspools to section SM(a)(3) of the 1986 Code. This titling Itas been updated annually to cover ft organs w1lons added "to ordefeted fn m ft Directoty. The Oft1a1 Cat VL- DlrecVyfar 2M shows the names-and adds asses of aff agencies and fnsfrumsnWiiies and aN educational, ehadtabie, and religious inslil dons operated by the Rormn. Cattmfio Church in the United States, ft territories and possessions In e)dstanca atfhe f o fha Directiw Was published. It is understood that each of these is a non-Wu organization, that no prait Of the Mt sarnings Thereof inur es loft bettsfrt of any IndMduaf, that no strbstRrd al part of their activilles is fdrpromatlon of legislaation, and that none are prfvate ftwndatlons under section 509(a) of f<ie Cods Based on all information submitted, we conclude thatthe•agenc;ies and frtsirumentalffies and 8duca6ortal, dmftabte, and ratiglaus fnstittrtions operated, supervised, orc ontrolfaci by or In conrrecifon tvif ft Roman Catholic Church in the Unrfed States, its terntories orposssessiorts aPPearing in The Of &I CafhaJic DJiectOT €;7[72009 are exempt front Federal income tax under sacdOn 501(0)(S) of ft Code. Donors may dedtrcirontributfons to tfte agencies, irtsirtlsnetrtalities artd irts5hrdons referrgtf io above, as provided by section 170 of ft Code_ Bequests, tecgacissy devises, fransfe�, orgffls to theta or far ftt it usa am dedudTil fe for Federal esiafe and gifttax purposes jr they meet the applicable provisions of sections 2QSS, ,2,106, and 2522 of the Code. 8ie nnin,g Januaty t, 1984, unless specificatty excepted, you and your subordinates must pay tax u(tder the f=ederal insurance Condributions Act (FICA) for each employee who is paid $1o0 or more in a calendar year, as indexed for inftatice, You and yoursuborcfnates are ndf I"rabie for #4 tax under the Federal UneWfoyment Tax Act (FUTA). 79 i3Ie COncrWons concerning the retention of your group exempieon as set torai in our previous determination letter dated August 77, 7983, remain in full farce and effecf. Slncerely, t_%It}dy W lit Gnaw; Exempt Organizations • DeteMI'Mtions i 80 Yeszds Christ is the sane yesterday, today and forever:" Hae. xa s Archdiocese of Saint Paul and 1 Minneapolis October 20, 2009 Reverend Thomas Kunnel, TOR Church of the Immaculate Conception 4030 Jackson Street NE Columbia Heights, MN 55421 -2929 Dear Father Kunnel: The Church of the Immaculate Conception of Columbia Heights, a Minnesota religious parish corporation, is a.tax exempt organization under the provisions of Section 501(c)(3) of the Internal Revenue Code by reason of a Group Ruling issued to the United States Conference of Catholic Bishops by the Internal Revenue Service on July 28, 2009, which is the latest annual update in a series that began with the original determination of March 25, 1946. A copy of the 2009 Group Ruling is enclosed. The Group Exemptioa Number is 0928. The Group Ruling provides that any organizations Iisted in the Ojftcial Catholic Directory for 2009 as being an agency, instrumentality and educational, charitable and religious institutions operated, supervised or controlled by or in connection with the Roman Catholic Church in the United States, are tax exempt. The Church of the Immaculate Conception of Columbia Heights is listed in the Official Catholic Directory £or 2009. A copy of the page from the directory showing that listing is enclosed. If you have any questions about the tax exempt status, please contact me. Thank you. Enclosures 81 MINNESOTA- REVENUE Certificate of Exemption ST3 Purchaser: Complete this certificate and give it to the seller. Seller: If this certificate is not fully completed, you must charge sales tax. Keep this certificate as part of your records. This is a blanket certificate, unless one of the boxes below is checked, and remains in force as long as the purchaser continues making purchases, or until otherwise cancelled by the purchaser. Check if this certificate is for a single purchase and enter the related invoice /purchase order # if you are a contractor and have a purchasing agent agreement with an exempt organization, check the box to make multiple purchases for a specific job. Enter the exempt entity, name and specific project: Exempt entity name Project description Name of purchaser Type of business. Circle the number that describes your business. Immaculate Conception Church 01 Business address City State Zip code 4030 Jackson St NE_ Columbia Heights MN 55429 C Purchaser's tax to number State of issue Country of issue 49- 0703859 MN US aIf no tax to number. FEIN Drivers license number /State Issued to number enter one of the following: ` a t state of Issue number Business services Name of seller from whom you are purchasing, leasing or renting Seller's address city State Zip code e L ih I declare that the information on this certificate is correct and complete to the best of my knowledge and belief. (PENALTY - )f you try to evade paying sales tax by using an exemption certificate for items or services that will be used for purposes other than those being claimed, you may be fined $100 under Minnesota law for each transaction for which the certificate is used.) of aulhor'ied purchaser Print name here — Title Stock No. 2100030 ;Rev 6/08) Forms and fact sheetsjre available on our website at wwwtaxes.state.mn.us 82 Type of business. Circle the number that describes your business. 01 Accommodation and food services - 11 Transportation and warehousing 02 Agricultural, forestry, fishing, hunting 12 Utilities e03 Construction 13 Wholesale trade m04 Finance and insurance 14 Business services .00 w 05 information, publishing and communications 15 Professional services ° d 06 Manufacturing 16 Education and health -care services CL 1�:, 07 Mining 17 Nonprofit organization 08 Real estate 18 Government 09 Rental and leasing 19 Not a business (explain) 10 Retail trade 20 Other (explain) Reason for exemption. Circle the letter that identifies the reason for the exemption. A Federal government (department) I Industrial production /manufacturing 0 8 Specific government exemption {tram list on back) 1 Direct pay permit E w K Multiple points of use (services, digital goods, or u C Tribal government {name) computersoftware delivered electronically) L :? D Foreign diplomat # _ L Direct mail ti YOM Charitable organization # 8353667 M Other (enter number from backpage) F Religious or educational organization # N Percentage exemption G Resale ❑ Advertising (enter percentage) _% N Agricultural production ❑ Utilities (enter percentage) % e L ih I declare that the information on this certificate is correct and complete to the best of my knowledge and belief. (PENALTY - )f you try to evade paying sales tax by using an exemption certificate for items or services that will be used for purposes other than those being claimed, you may be fined $100 under Minnesota law for each transaction for which the certificate is used.) of aulhor'ied purchaser Print name here — Title Stock No. 2100030 ;Rev 6/08) Forms and fact sheetsjre available on our website at wwwtaxes.state.mn.us 82 MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit 9/17 Pano 7 of � An exempt permit may be issued to a nonprofit Application Fee (non - refundable) organization that: Applications are processed in the order received. If the application conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event the awards less than $50,000 in prizes during a calendar year. application fee is $100; otherwise the fee is $150. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651 - 539 -1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling Name: The Church of the Immaculate Conception Permit Number: X- 01151 -17 -025 Minnesota Tax ID Federal Employer ID Number, if any: 8353667 Number (FEIN), if any: 41- 0703859 Mailing Address: 4030 Jackson St NE Columbia Heights I City: 9 State: MN Zip; 55421 County: Anoka Name of Chief Executive Officer (CEO): John J. Mitchell Daytime Phone: 763 -788 -9062 Ext 215 Email: jmitchell @immacc- church org (Permit will be emailed to this email address.) NONPROFIT STATUS Type of Nonprofit Organization (check one): = Fraternal = Religious Veterans Other Nonprofit Organization Attach a copy of ane 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.) ❑ A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate 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 DIRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1- 877 - 829 -5500. F1IRS - 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. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): The Church of the Immaculate Conception Physical Address (do not use P.O. box): 4030 Jackson St NE Check one: City. Columbia Heights zip: 55421 County: Anoka Township: Zip: County: Date(s) of activity (for raffles, indicate the date of the drawing): March 18 2018 Check each type of gambling activity that your organization will conduct: 0 Bingo a Paddlewheels Pull -Tabs Tipboards Raffle (total value of raffle prizes awarded for the calendar year, including this raffle: $ Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov /gcb and click on Distributors under List of Licensees, or call 651- 539 -1900. 83 LG220 Application for Exempt Permit 9/17 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 located within city limits The application is acknowledged with no waiting period. located in a township he application is acknowledged with no waiting period. The application is acknowledged with a 30 -day waiting he application is acknowledged with a 30 -day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after (60 days for a 1st class city). The application is denied. 30 days. Dhe order; other individuals and agencies specifically application is denied. Print City Name: Print County Name: Signature of City Personnel: Signature of County Personnel: Title: Date: Title: Date: exception of your organization's name and TOWNSHIP (if required by the county) determine your organization's qualifications and, On behalf of the township, I acknowledge that the organization The city or county must sign before is applying for exempted gambling activity within the township limits. (A township has no statutory authority to approve or submitting application to the deny an application, per Minn. Statutes, section 349.213.) Gambling Control Board. Print Township Name: ~-- -° — Signature of Township Officer: access to the information; Minnesota's Depart- Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of he event date. Chief Executive Officer's Signature: ` Date: (Signature ujsftt be CE 'ssjgnature; desigFnlFe may not sign) Print Name: ' ` �� •fir f "! j�fTG r [� REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days, or • all gambling conducted on one day. a copy of your proof of nonprofit status, and Only one application is required if one or more raffle drawings are application fee (non - refundable }. If the application is postmarked or received 30 days or more before the conducted on the same day. event, the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: A financial report form will be mailed with your permit. Complete To: Minnesota Gambling Control Board and return the financial report form to the Gambling Control 1711 West County Road B, Suite 300 South Board. Roseville, MN 55113 Your organization must keep all exempt records and reports for Questions? Call the Licensing Section of the Gambling Control Board at 3 -1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651 -539 -1900. �� . pi V.a.r rCgUCJLCU on this form (and any attachments) will be used appucauon. Your organization's name and address will be public information when received ment of Public Safety; Attorney General; Commissioners of Administration, Minnesota by the Gambling Control Board (Board) to by the Board. All other information provided will Management & Budget, and Revenue; Legislative determine your organization's qualifications to be private data about your organization until the Auditor, national and international gambling be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court Minnesota. Your organization has the right to the permit, all Information provided will become order; other individuals and agencies specifically refuse to supply the information; however, if public. if the Board does not issue a permit, all authorized by state or federal law to have access your organization refuses to supply this information provided remains private, with the to the information; individuals and agencies for information, the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the information members, Board staff whose work requires requested, the Board will be able to process the access to the information; Minnesota's Depart- This form will be made available in alternative format (i.e. large print, braille) upon request. An equal opportunity employer 84 Internal Rments5 Seavicer P. O, BOX2 —rt38 ClnalrtneA OH 45201 Imo: JUL 28;2003 United Slates Conference of Catholic &Mops 39-110 Street N.E. Washington, D.C. 20017 -119 Deaf Siror Madam: Department of fire Tr*asury Person to Contact, Roger Meyer TO Free TeIephom Numbers 877 - 829 -5500 Employer tdenftcaiion Number: 6"196617 Group Exemption Number; 0928 In a ruling dated March 26, 1946, via hekt thatthe agencies and Instrumentaliities and all eddGaflonal, charitable and religlvus inst8rsiions operafsd, supervised, or c nlrolted by or In connection tufih the Roman Catholic ChuMh In the United States, Its territories or possessions appearing jr, 7be, Ofblai CeMofloVkgctory1bA are er Wed 16 exempiIonirom Federal trimne tax under the provisions of section 101(6) of the Internal Revenue +Code of 1989, which corresponds to sermon W1 (c)(S) of the 1986 Code. WS titling has been updated annriaify tea cover tits organizations added10 ordefeted tt can tf a Directoty. The D(fttaiCat1d1O DtrOctveyfor200g shots the narnas arm addresses of agencies and instrrunwItalitiesand all educational, charitable, and ref4ous fnstibaiions operatedbythe Rwan. Catholic Ghurob in fate United States, its ferAodes and possessions in existence atthe #fine the D1rec#ory eras published. It Is understood that each of these is a non- pmfrtoManization, that no gait of fete rtet earnings thereof inures to the benalk of arty kt Mduai, that no $ubstanual part of their activitiesis iurpramotlon of leglslafion,.and that none are private foundations undarsecft M(a) of tits Coda. eased on all Information submitted, we conclude thattim.,aggencies and instrutnentaltiies and educational, draritable, and reikjious Insliwons operatK supervised, or cxsrriraitecf by or In cormection with firs Roman Catholic Church in the United States, Its territories orpossesslotts appearing In The Ofik&t Camoffc &racioryW2009 am exemptfrom Federal hICO a tax under section 501(c)(3) of fate Code. Donors may deduct contrlbutions to the agencies, ir*bumerdailiies and instituWr s referred to above, as proarided by section 170 of The Code. Bequests. 1e9acke4 devrses, Transfers, orgifts to fftem or br thei'ruse are deduclibie for Federal esiate.arrd !9 fttex purposes if they meet the appIk mble provisions Of sections 2, 2106, and 2522 of the Code. 0- nning January 1, 1984, unless specrTrcalfy excepted, you and your subordinates ntttst pay tax v{tderttte Federal iruvrartca Contributions Act (PlCA) for each employee who is paid $100 or rnore in a calendar year, as Indexed for inflation. You andyoursubordinates am ndf Crable for die tax tinder the Federal Unemployment Talc Act (FUTA)_ 85 -rhe cOncrRiOM.0 n Ming the retention of your group exemption as set forth In our prevtouS determfnauan fetter dated August 17, 1883, remafn in fulf fores and effect. Slnoerely, Curdy W Manager, Exempt Organizauons Deteanrnations E "Jesus C'brlst is tine same yesterday, today antdforeven Haa.sa:a Axchdiocese of October 20, 2009 Reverend Thomas Kunnel, TOR Church of the Immaculate Conception 4030 Jackson Street NE Columbia Heights, MN 55421 -2929 Dear Father Kuunel: The Church of the Immaculate Conception of Columbia Heights, a Minnesota religious parish corporation, is a.tax exempt organization under the provisions of Section 501(c)(3) of the Internal Revenue Code by reason of a Group Ruling issued to the United States Conference of Catholic Bishops by the ,Internal Revenue Service on July 28, 2009, which is the latest annual update in a series that began with the original determination of March 25, 1946. A copy of the 2009 Group Ruling is enclosed. The Group Exemption Number is 0928. The Group Ruling provides .#hat any organizations listed in the Official Catholic Directory for 2009 as being an agency, instrumentality and educational, charitable and religious institutions operated, supervised or controlled by or in connection with the Roman Catholic Church in the United States, are tax exempt. .y . The Church of the Immaculate Conception of Columbia Heights is listed in the Official Catholic Directory fot 2009. A copy of the page from the directory showing that listing is enclosed. If you have any questions about the tax exempt status, please contact me. Thank you. :+Eisenziznmef . rr for CivrI Airs Enclosures 87 MINNESOTA- REVENUE Certificate of Exemption ST3 Purchaser: Complete this certificate and give it to the seller. Seller: If this certificate is not fully completed, you must charge sales tax. Keep this certificate as part of your records. This is a blanket certificate; unless one of the boxes below is checked, and remains In force as long as the purchaser continues making purchases, or until otherwlse cancelled by the purchaser. aCheck if this certificate is for a single purchase and enter the related invoice /purchase order V I "7 if you are a contractor and have a purchasing agent agreement with an exempt organization, check the box to make multiple !___i purchases for a specific job. Enter the exempt entity, name and spec fic project: Exempt entity name Project description Name of seller front whom you are purchasing, leasing or renting Seller's address aty Name of purchaser 01 Accommodation and food services - Immaculate Conception Church 02 Agricultural, forestry, fishing, hunting m Business- address city State Zip code 04 4030 Jackson St NE_ Columbia Heights MN 55421 c Purchaser's tax 18 number state of issue Country of issue w 41- 0703859 MN US U) to N If no tax 10 number. FEIN Otiver's license number /State issued ID number 09 0- enter one of the following: i 1 i I state ofissue number Retail trade Name of seller front whom you are purchasing, leasing or renting Seller's address aty C 0 o. v x m .9 0 .af a u s e bo in State Zip code 11 Transportation and warehousing 12 Utilities 13 Wholesale trade 14 Business services 15 Professional services 16 Education and health -care services 17 Nonprofit organization 18 Government 19 Not a business (explain) 20 Other (explain) Reason for exemption. Circle the letter that identifies the reason for the exemption. A Federal government ldepartment) 6 Specific government exemption (from list on back) C Tribal government fname,) D Foreign diplomat # _.. 0 Charitable organization # 835366? F Religious or educational organization # G Resale H Agricultural production I industrial production /manufacturing 3 Direct pay permit # K Multiple points of use (services, digital goods, or computer software delivered electronically) L Direct mail M Other (enter number from back pager N Percentage exemption Advertising (enter percentage) gs © Utilities (enter percentage) % 1 declare that the information on this certificate is correct and complete to the best of my knowledge and belief. (PENALTY - if you try to evade paying sales tax by using an exemption certificate for items or services that will be used for purposes other than those being claimed, you may be tined $100 under Minnesota law for each transaction for which the certificate is used.) Stock No. 2100030 (Rev. 6/08) available on our website at www.taxes.state . mn.us 88 Type of business. Circle the number that describes your business. 01 Accommodation and food services - 02 Agricultural, forestry, fishing, hunting m 03 Construction e 04 Finance and insurance M 05 Information, publishing and communications 6 06 Manufacturing w 07 Mining OS Real estate 09 Rental and leasing 10 Retail trade C 0 o. v x m .9 0 .af a u s e bo in State Zip code 11 Transportation and warehousing 12 Utilities 13 Wholesale trade 14 Business services 15 Professional services 16 Education and health -care services 17 Nonprofit organization 18 Government 19 Not a business (explain) 20 Other (explain) Reason for exemption. Circle the letter that identifies the reason for the exemption. A Federal government ldepartment) 6 Specific government exemption (from list on back) C Tribal government fname,) D Foreign diplomat # _.. 0 Charitable organization # 835366? F Religious or educational organization # G Resale H Agricultural production I industrial production /manufacturing 3 Direct pay permit # K Multiple points of use (services, digital goods, or computer software delivered electronically) L Direct mail M Other (enter number from back pager N Percentage exemption Advertising (enter percentage) gs © Utilities (enter percentage) % 1 declare that the information on this certificate is correct and complete to the best of my knowledge and belief. (PENALTY - if you try to evade paying sales tax by using an exemption certificate for items or services that will be used for purposes other than those being claimed, you may be tined $100 under Minnesota law for each transaction for which the certificate is used.) Stock No. 2100030 (Rev. 6/08) available on our website at www.taxes.state . mn.us 88 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7G MEETING DATE OCTOBER 9, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: RESOLUTION 2017 -103 AMENDING THE BUDGET FOR CITY PROJECT 1609 AND AUTHORIZING PURHCASE AGREEMENTS TO FURNISH AND EQUIP THE CIRCLE TERRACE PARK BUILDING DEPARTMENT: Finance CITY MANAGER'S APPROV /A L: BY /DATE: Joseph Kloiber/ October 4, 2017 BY /DATE: CITY STRATEGY: #4: Opportunities for Play and Learning Additional Strategy? #1; Safe Community SHORT TERM GOAL (IF APPLICABLE): #4 Develop a Master Park Plan Additional Goal? #6 Build On and Expand Collaboration with the School District and Other Public Entities BACKGROUND: In 2016 and 2017, the City obtained approximately $360,000 in federal Community Block Development Grants (CDBG) passed- through Anoka County, to construct a building in Circle Terrace Park. Under the terms of the CDBG grant, construction began 2016 and is required to be completed in 2017. This CDBG grant funding is only available for the building shell. Other funding sources are required to furnish and equip the building for its intended purposes. The attached resolution 2017 -103 provides this funding from two sources; from the portion of the Police Forfeiture Fund 265 not restricted to DUI enforcement, and from Special Projects Fund 226. The primary revenue sources within Special Projects Fund 226 are rental income from cellular tower leases and certain fees from developers. Resolution 2017 -103 also awards the related purchase agreements to various vendors. Vendor selection is made according to the City's purchasing policy. The specific reasons each vendor was selected are documented at each individual purchase requisition on file. STAFF RECOMMENDATION: Adopt the following motions. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution 2017 -103, there being ample copies available to the public. Motion: Move to adopt Resolution 2017 -103, amending the budget for City Project 1609 and authorizing purchase agreements to furnish and equip the Circle Terrace Park building. ATTACHMENTS: Resolution 2017 -103 89 RESOLUTION NO. 2017 -103 A resolution of the City Council for the City of Columbia Heights, Minnesota, amending the budget for City Project 1609, and authorizing purchase agreements to furnish and equip the Circle Terrace Park building. Whereas, the City has contracted with Anoka County to perform a federal grant for the construction of a building shell within Circle Terrace Park, designated as City Project 1609; and Whereas, the City Council desires to adequately furnish and equip this building for its intended public purposes; and Whereas, expenditures for these purposes meet the external and internal restrictions on certain fund balances of the City listed below, and these fund balances are sufficient in amount to fund this nonfederal portion of Project 1609; and Whereas, these expenditures and use of fund balance were not included in the initial budget for Project 1609 within the Parks Capital Fund 412, nor in any subsequent amendments to that project budget; and Whereas, one of several requirements of the City's purchasing policy is that vendor purchase agreements for items not - for - resale over $15,000 be authorized by the City Council; and Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT IS HEREBY RESOLVED, that the budget for City Project 1609 is amended to add the project revenues and expenditures listed in Exhibit A below, and that City Manager is authorized to negotiate and execute all necessary purchase agreements with the respective vendors listed for those expenditures. IT IS HEREBY FURTHER RESOLVED, that, to the extent any vendor in Exhibit A below is not able to provide the indicated goods or services at the terms proposed, the City Manager is authorized to award that agreement to an alternate responsible vendor, subject to the City's purchasing policy. Passed this day of 12017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 90 City of Columbia Heights - Council Resolution 2017 -103 Exhibit A CITY PROJECT 1609 CIRCLE TERRACE PARK BUILDING PARKS CAPITAL FUND 412 ADDITIONAL PROJECT REVENUE Transferfrom the portion of the Police Forfeitures Fund 265 not restricted to DUI enforcement, to Parks Capital Fund 412 23,000 Transfer from the Special Projects Fund 226 to Parks Capital Fund 412 27,000 1 111 ADDITIONAL PROJECT EXPENDITURES (ESTIMATED) Public Room Furniture 16,000 Primary Vendor: General Office Products Office Furniture 4,000 Primary Vendor: General Office Products Electronic Card Access Door Control System 11,000 Primary Vendor: LVC Video Security and Telephones Primary Vendor: Marco 11,000 Other Information Systems Equipment, including network switch, desktop computer, power supply, locking storage rack 5,000 Various Vendors Contingency 3,000 ONE Us 100 91 Page 2 �,� COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 7H MEETING DATE OCTOBER 9, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: LICENSE AGENDA DEPARTMENT: COMMUNITY DEVELOPMENT CITY MANAGER'S APPROVAL: BY /DATE: OCT 4, 2017 BY /DATE: CITY STRATEGY: #1; Safe Community Additional Strategy? N/A SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: BACKGROUND /ANALYSIS Attached is the business license agenda for the October 9, 2017 Council meeting. This agenda consists of applications for 2017 Contractor Licenses. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for October 9, 2017 as presented. ATTACHMENTS: 92 City of Columbia Heights - Council Letter TO CITY COUNCIL Oct 9, 2017 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2017 BLDG *Residential Heating & Air *SR Mechanical Inc Haussner Plumbing LLC *Precision Hardscape *John A. Dalsin & Son Twin Cities Plumb, Htg *A & E Mechanical *All American Htg & Air *Drake Mechanical 1815 E 41" St, Mpls $60 6757 Oxford St, St Louis Park $60 10520 Stonebridge Trail N, Stillwater $60 1500 Olympic St, Braham $60 2830 20th Ave S, Mpls $60 13533 Partridge Cir, Andover $60 559 Quant Ave N, Lakeland $60 360072 d Ave N, Brk Center $60 12190 Coral; Sea St, Blaine $60 93 Page 2 r N 6 L a) O r-. 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W Z E U Z W W P H H H H W W D f x D W W P J O U P D X 2<1F 414PrG+U)GaW W 04 a01 aaE341 0 01E3ZH44MZMW W I Q H a H W H 'D H H H E<<<< 4< W W E H F� W W D z H O Z �l 0NWMMFq PxHEHMUUUUU3 nama3mUMHL,UHW H H a' N w o H H N w Ln m N H NLn H o H N M.4, m H N H Ln o to M a' r O O O H N d' w I- I` r m m O H H H M Ln o o o o o in Ln O O N r m m m U1 Q z a W 1l a FC a FC E 0 H I E I Z I D 1 O 1 U I W U W 11 a Z z l Z E I OE 0 CH COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARINGS ITEM NO. 8A MEETING DATE OCTOBER 9, 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM.-7 Adopt Resolution For Emergency Abatement DEPARTMENT: Fire CITY MANAGER'S APPROVAL: BY /DATE: Gary Gorman BY /DATE: O f CITY STRATEGY: #6: Excellent Housing /Neighborhoods Additional Strategy? #6: Excellent Housing /Neighborhoods SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A STAFF RECOMMENDATION: Adopt Resolution 2017 -98, 4329 Main Street N.E., being declarations of nuisance and emergency abatement of violations within the City of Columbia Heights regarding property at: 4329 Main Street N.E. for ordinance violations pursuant to Chapter 8, Article II, of City Code RECOMMENDED MOTION(S): Move to close the public hearing and to waive the reading of Resolution 2017 -98, there being ample copies available to the public. Move to adopt Resolution Number 2017 -98, being resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the emergency abatement of violations from the property pursuant to City Code section 8.206. ATTACHMENTS: 2017 -98 City Council Resolution — Emergency Abatement to Board Up and Secure 4329 Main Street N.E. 102 RESOLUTION 2017 -98 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving emergency abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Bart Mady (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4329 Main Street N.E. Columbia Heights, Minnesota. 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 22, 2017 the Fire Department responded to a complaint at the address listed above. Inspectors noted that the structure was damaged, open, and unsecured and rodent infested. 2. That on September 22, 2017 the Fire Chief ordered that Advanced Companies secure the structure. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the emergency abatement of the hazardous situation located at 4329 Main Street N.E. CONCLUSIONS OF COUNCIL 1. That the property located at 4329 Main 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 the emergency abatement of the hazardous situation located at 4329 Main Street N.E. is hereby approved. ORDER OF COUNCIL 1. The property located at 4329 Main Street N.E. constitutes a nuisance pursuant to City Code. Passed this 9t" day of October, 2017 Offered by: Second by: Roll Call: Mayor Donna Schmitt Attest: Katie Bruno City Clerk /Council Secretary 103 AGENDA SECTION PUBLIC HEARING ITEM NO. 813 MEETING DATE OCTOBER 9T ", 2017 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Site Plan for the properties located at 1069 Grandview Way and 4729 Grand Avenue NE. DEPARTMENT: Community Development ot CITY MANAGER'S APPROVAL: BY /DATE: Elizabeth Holmbeck, October 4, 2017 BY /DATE: CITY STRATEGY: #6: Excellent Housing /Neighborhoods Additional Strategy? #3: Affordability SHORT TERM GOAL (IF APPLICABLE): N/A Additional Goal? N/A BACKGROUND: Dominium Development & Acquisitions has submitted a Site Plan for review to the City of Columbia Heights, for the properties located at 1069 Grandview Way and 4729 Grand Avenue NE. The proposed Site Plan is for the construction of two multi - family residential apartment buildings to be constructed on the two parcels. The plan includes one four -story building and one three -story building, which will have shared amenities including clubrooms, a fitness facility, outdoor play areas, grilling stations, and a dog run. The proposed apartments will be constructed with high quality building materials which meet the standards of the City's Design Guidelines for new development. The proposal calls for 148 units divided between the two buildings. The three -story building will contain 60 units and the four -story building will contain 88 units. The units will be comprised of (61) one - bedroom units with rent at $939.00, (45) two- bedroom units with rent at $1126.00, and (42) three - bedroom units with a rent of $1297.00. With the unit count the proposed development is at 29.96 or approximately 30 units per acre. The proposal calls for 134 underground parking stalls, and 88 surface stalls with a number of landscaping improvements throughout the site. The buildings will be marketed as Transit Oriented Development apartments meaning that they will have access to high frequency transit routes (map attached for reference), and promote other types of transportation such as walking and biking. Some of the ways the development will promote walking is by having well- connected pedestrian pathways and sidewalks throughout the site and pedestrian crossings. There will be enclosed bike parking included in every parking stall as well as at the entrance to each parking garage, and bike racks on the exterior of each building. Also, each parking garage will have a bike repair stand with basic tools for repairing bicycles. The attached Site Plan is an amended plan, which was submitted to the City after the original Site Plan was tabled by the Planning and Zoning Commission on September 6th 2017. The original Site Plan was tabled by the Commission and the applicant was asked to modify the plan to reduce the units per acre and surface parking. The original plan included three waiver requests, 1. A waiver to the City's density requirement in order to develop 173 units on the proposed site (35 units /acre), exceeding the 20 units per acre maximum. 104 City of Columbia Heights - Council Letter Page 2 A waiver to provide fewer parking stalls and not have all the parking stalls enclosed as required by the Zoning Code. 3. A waiver to reduce the minimum width of the development's parking lot drive aisles to 20 feet. There were a number of people that showed up to the meeting that were in favor and against the proposed project. The primary concerns by those that were against the project were in regards to the proposed density on the site, and concerns of how the site will function with the higher density, and pedestrian and vehicular traffic associated. Finally, a number of the concerns had to do with the fact that the project is for a rental versus owner occupied housing. Many felt that the property should have owner occupied units and opposed additional rental property in the neighborhood. The people that were in favor of the project wanted to see more high - quality rental housing options in the City, as there hasn't been new apartment construction in the City (besides condominiums and townhouses) since the mid- 1980's. Also, that the project would meet a need in the City by providing high quality workforce housing for residents and their families with access to amenities not found in the majority of the rental housing in Columbia Heights. The minutes from the September 6th Planning and Zoning Commission meeting are attached for your reference. On October 3rd 2017, the tabled Site Plan came before the Planning and Zoning Commission for consideration. The applicant has amended the proposed Site Plan by reducing the density and ratio of surface parking. The current proposal is for 148 apartment units divided between two buildings, with (one) three -story building containing 60 units, and (one) four -story building with 88 units. The new proposal is 25 units less than the original 173 unit proposal. The applicant has amended the proposed parking plan. The proposal now calls for 134 parking stalls underground divided between the two buildings, and 88 surface parking stalls. The new proposal has 47 less surface parking stalls than the original proposal, which had 135 surface parking stalls. The applicant is still requesting a waiver to the parking lot drive aisles width, which is similar width to drive aisles within the development to the north. The Fire Department has reviewed the proposal, and supports the parking lot drive aisle width reduction. Similar to the September meeting, a number of people attended the October Planning & Zoning Commission to voice support, as well as concern, over the proposed project. Following the developer's presentation, and the public hearing period, the Planning and Zoning Commission voted unanimously to recommend approval for the Site Plan as presented. CONCLUSION In regards to the current density and parking requirements, the original proposal exceeds the maximum density and surface parking generally allowed. However, the amended proposal is within the parameters established in the City Ordinance which states: 9.112 MIXED -USE DEVELOPMENT DISTRICT. (E) (2) The maximum non - residential density is 6.0 FAR and the maximum residential density is 20 units /acre. Maximum densities may be increased by up to 50% at the sole discretion of the City Council if one of more of the following are provided: (a) At least 50% of the required parking is provided by underground parking or parking in ramps; (b) Housing is provided above ground floor retail /service commercial and the total floor area of the housing is at least twice the floor area of the retail /service commercial use; 105 City of Columbia Heights - Council Letter Page 3 (c) Office space is provided above ground floor retail /service commercial and the total floor area of the office space is at least twice the floor area of the retail /service commercial use; (d) At least 50% of the building ground coverage is concentrated in structures four or more stories in height, thereby conserving open space within the mixed -use development area. 9.112 MIXED -USE DEVELOPMENT DISTRICT. (E) (5) Cumulative parking requirements may be reduced by up to 30% of required spaces at the sole discretion of the Council if one or more of the following are provided: (a) Joint or shared parking arrangements between uses; (b) Proof of parking; (c) Car /van pooling and /or provision of employee or resident transit passes; (d) Superior pedestrian, bicycle and /or transit access. As outlined in the City's Zoning Code, the City Council has some discretion when reviewing development proposals located in a Mixed Use Zoning District, and provided certain conditions are met, the densities can be increased and the parking requirement can be reduced. The applicant has made the argument in the attached narrative, meets at least one of the required findings above for both the density increase of 50 % and the parking decrease of 30 %. It appears that the amended application meets the following findings: 9.112 (E) (2) (d) At least 50% of the building ground coverage is concentrated in structures four or more stories in height, thereby conserving open space within the mixed -use development area. 9.112 (E) (5) (d) Superior pedestrian, bicycle and /or transit access. If the City Council were to grant the exception it would mean that the proposed development could have up to 30 units per acre. Parking requirements are determined by the number of bedrooms per unit and based on the proposed unit count (61) one bedroom, (45) two bedroom, and (42) three bedroom, the proposal would be required to have 164 enclosed parking stalls. The amended plan has 222 parking stalls total divided between surface (88 parking stalls) and underground (134 parking stalls). The applicant has stated that due to easement constraints on the property, it cannot expand the amount of underground parking, and has instead chosen to reduce the surface parking stalls which reduces the visual impact and increases green space. With the reduction of the surface parking, and increased pedestrian and bicyclist's amenities, allowing for the added 30 surface parking rather than underground parking appears to be a reasonable request. In regards to the remaining waiver request for the drive aisle, according to the City's Fire Chief, City Fire code states that the minimum drive aisle is 24 ft. The Fire Department believes that the 20 ft. drive aisle will be sufficient, providing the road that runs north and south on the east side of the development is connected for emergency vehicles. Certain neighbors have expressed concern over the increase in traffic driving through the private roads to the north. The proposal now includes a discrete road connecting to Grandview Way N., which will be landscaped and have a break away chain, to allow for emergency access only. RECOMMENDATION: Staff and the Planning and Zoning Commission recommend that the City Council approve the proposed Site Plan for the properties located at 1069 Grandview Way and 4729 Grand Avenue subject to certain conditions of approval. RECOMMENDED MOTION(S): Motion: Move to wave the reading of Resolution No. 2017 -90, there being ample copies available to the public. 106 City of Columbia Heights - Council Letter Page 4 Motion: To approve the Site Plan for the properties located at 1069 Grandview Way and 4729 Grand Avenue NE., subject to certain conditions of approval: 1. Stop signs will be added at the development driveway exit(s). 2. The attached Landscape Plan indicates a number of landscaping improvements to the site. All landscaping indicated on the submitted landscape plan dated September 29th, 2017, will be installed no later than 4 months after the buildings are operational, or from such time a Certificate of Occupancy is issued. 3. The monument sign at the corner of 47th Avenue and Grand Avenue, along with the proposed sculpture, will require a sign permit and be approved by the City's Communication Committee. The monument sign and the sculpture must be installed no later than 4 months after the buildings are operational, or from such time a Certificate of Occupancy is issued. 4. The building and site shall meet all requirements found in the Fire Code and the Building Code. 5. The applicant will meet the requirements outlined in the attached Review Form from the Fire Chief. 6. The applicant will meet the requirements outlined in the attached Review Form and memo dated August 30th, 2017, from the Director of Public Works /City Engineer. 7. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 8. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. 9. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan for review by the Building Official, prior to construction. 10. All City Storm Water Management requirements, as well as Mississippi Water Management Organization (MWMO) plan requirements, shall be achieved for this property. 11. The applicant will provide space for snow removal on its own property. 12. The applicant will enter in to a Development Agreement with the City of Columbia Heights, which will govern construction methods and timing, as well as the establishment of public and quasi - public infrastructure. The Development Agreement must be approved by the City of Columbia Heights before construction can commence. 13. Access on the easternmost north /south private drive shall be restricted to emergency vehicles only. 14. Site and elevation plans included in this submittal, dated September 29th, 2017 shall become part of this approval. 15. All other applicable local, state, and federal requirements shall be met at all times. ATTACHMENTS: Resolution No. 2017 -90 Planning Report Minutes from 9/6/17 & 10/3/17 Planning and Zoning Commission meetings Location Map Metro Transit High Frequency Route Map Memo from Public Works Director Staff Review Form from Fire Chief Memo from Economic Development Manager Applicant's Narrative Site Plans 107 City of Columbia Heights - Council Letter 108 Page 5 RESOLUTION NO. 2017 -90 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Site Plan for the properties located 1069 Grandview Way and 4729 Grand Avenue NE. Whereas, a proposal (Case # 2017 -0901) has been submitted by Owen Metz, on behalf of Dominium Development & Acquisitions, LLC to the City Council requesting Site Plan Approval from the City of Columbia Heights at the following site: ADDRESS: 1069 Grandview Way and 4729 Grand Avenue NE. Columbia Heights, MN 55421 LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Site Plan Approval to allow for the development of two multi- family apartment homes to be located at 1069 Grandview Way and 4729 Grand Avenue NE. Whereas, the Planning and Zoning Commission has held a public hearing as required by the City's Zoning Code, on October 3rd, 2017. Whereas, the City Council has held a public hearing as required by the City's Zoning Code, on October 9th, 2017. Whereas, the Planning and Zoning Commission and City Council has considered the advice and recommendations of City Staff regarding the effect of the proposed Site Plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and Now, therefore, be it resolved, 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: Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a Site Plan. They are as follows: a. The Site Plan conforms to all applicable requirements of this article. b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. c. The Site Plan is consistent with any applicable area plan. d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right - of -way. Further, be it resolved, that the attached conditions, maps, and other information shall become part of this approval; and in granting this approval the City and the Applicant agree that this Site Plan 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. 109 CONDITIONS: 1. Stop signs will be added at the development driveway exit(s). 2. The attached Landscape Plan indicates a number of landscaping improvements to the site. All landscaping indicated on the submitted landscape plan dated September 29th, 2017, will be installed no later than 4 months after the buildings are operational, or from such time a Certificate of Occupancy is issued. 3. The monument sign at the corner of 47th Avenue and Grand Avenue, along with the proposed sculpture, will require a sign permit and be approved by the City's Communication Committee. The monument sign and the sculpture must be installed no later than 4 months after the buildings are operational, or from such time a Certificate of Occupancy is issued. 4. The building and site shall meet all requirements found in the Fire Code and the Building Code. 5. The applicant will meet the requirements outlined in the attached Review Form from the Fire Chief. 6. The applicant will meet the requirements outlined in the attached Review Form and memo dated August 30th, 2017, from the Director of Public Works /City Engineer. 7. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 8. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. 9. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan for review by the Building Official, prior to construction. 10. All City Storm Water Management requirements, as well as Mississippi Water Management Organization (MWMO) plan requirements, shall be achieved for this property. 11. The applicant will provide space for snow removal on its own property. 12. The applicant will enter in to a Development Agreement with the City of Columbia Heights, which will govern construction methods and timing, as well as the establishment of public and quasi - public infrastructure. The Development Agreement must be approved by the City of Columbia Heights before construction can commence. 13. Access on the easternmost north /south private drive shall be restricted to emergency vehicles only. 14. Site and elevation plans included in this submittal, dated September 29th, 2017 shall become part of this approval. 15. All other applicable local, state, and federal requirements shall be met at all times. Passed this 9th day of October, 2017. Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 110 CH COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2017 -0109 DATE: October 3, 2017 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Dominium Development & Acquisitions, LLC DEVELOPMENT: Columbia heights Family Apartments LOCATION: 1069 Grandview Way and 4729 Grand Avenue REQUEST: Site Plan Review (amended application) PREPARED BY: Elizabeth Holmbeck, City Planner INTRODUCTION At this time, Dominium has made a request for Site Plan Review with a waiver to a certain standard of the Zoning Code, to the City of Columbia Heights, for the properties located at 1069 Grandview Way and 4729 Grand Avenue (Subject Properties). The applicant is requesting approval of the proposed Site Plan in order to allow for two apartment homes to be constructed on the subject properties. The applicant first came before the Planning and Zoning Commission in September with their application which included waivers to the density requirements, parking requirements, and drive aisle width. At the meeting the Planning and Zoning Commission voted to table the application requesting that the applicant modify the plan to decrease the proposed density and provide an increased ration for underground parking. I have attached the minutes from the previous meeting for your reference. The applicant has amended the proposed site plan by reducing the density and ratio of surface parking. The current proposal is for 148 apartment units divided between two buildings, with (one) three story building containing 60 units, and (one) four story building with 88 units. The new proposal is 25 units less than the original 173 unit proposal. The applicant has amended the proposed parking plan. The proposal now calls for 134 parking stalls underground divided between the two buildings, and 88 surface parking stalls. The new proposal has 47 less surface parking stalls than the original proposal which had 135 surface parking stalls. The applicant is still requesting a waiver to the parking lot drive aisles width, which is required to be 24 ft. wide. The proposal calls for the drive aisles to be 20 ft. wide. In regards to the current density and parking requirements, the original proposal exceeds the maximum density and surface parking generally allowed. However, the amended proposal is within the parameters established in the City Ordinance which states: Site Plan Review 111 City of Columbia Heights Planning and Zoning Commission October 3, 2017 Planning Report Page 2 9.112 MIXED -USE DEVELOPMENT DISTRICT. (E) (2) The maximum non - residential density is 6.0 FAR and the maximum residential density is 20 units /acre. Maximum densities may be increased by up to 50% at the sole discretion of the City Council if one of more of the following are provided: (a) At least 50% of the required parking is provided by underground parking or parking in ramps; (b) Housing is provided above ground floor retail /service commercial and the total floor area of the housing is at least twice the floor area of the retail /service commercial use; (c) Office space is provided above ground floor retail /service commercial and the total floor area of the office space is at least twice the floor area of the retail /service commercial use; (d) At least 50% of the building ground coverage is concentrated in structures four or more stories in height, thereby conserving open space within the mixed -use development area. 9.112 MIXED -USE DEVELOPMENT DISTRICT. (E) (5) Cumulative parking requirements may be reduced by up to 30% of required spaces at the sole discretion of the Council if one or more of the following are provided: (a) Joint or shared parking arrangements between uses; (b) Proof of parking; (c) Car /van pooling and /or provision of employee or resident transit passes; (d) Superior pedestrian, bicycle and /or transit access. As outlined in the City's Zoning Code, the City Council has some discretion when reviewing development proposals located in a Mixed Use Zoning District, and provided certain conditions are met, the densities can be increased and the parking requirement can be reduced. The applicant has made the argument in the attached narrative, that they meet at least one of the required findings above for both the density increase of 50 % and the parking decrease of 30 %. It appears that the amended application meets the following findings: 9.112 (E) (2) (d) At least 50% of the building ground coverage is concentrated in structures four or more stories in height, thereby conserving open space within the mixed -use development area. 9.112 (E) (5) (d) Superior pedestrian, bicycle and /or transit access. ZONING ORDINANCE The subject property is located in the Mixed Use Zoning District. The properties to the north and west are located in the Mixed Use Zoning District and the General Business Zoning District. The properties to the south are located in the R -3 Multiple Family Residential Zoning District and the properties to the east are located in the R -213 Built as Duplexes Zoning District. The proposed residential development is a permitted use in the Mixed Use District. The purpose of the Mixed Use Development District is to promote efficient use of existing city infrastructure; ensure sensitivity to surrounding neighborhoods; create linkages between compatible areas of the city; provide appropriate transitions between uses; ensure high quality design and architecture; create good pedestrian circulation and safety; promote alternative modes of transportation; and increase the quality of life and community image of Columbia Heights. The intent of this district is to encourage a flexible high - quality design strategy for development and /or redevelopment of specific areas within the community. 112 City of Columbia Heights Planning and Zoning Commission October 3, 2017 Planning Report Page 3 The Zoning Ordinance specifically identifies the subject property to be used for Transit Oriented Mixed Use Development. The purpose of the Transit - Oriented Mixed Use is to promote development and redevelopment that facilitates linkages and interaction of transit services, housing and neighborhood services. The focus of land use within this district is to ensure a pedestrian friendly environment and pedestrian connections to and from residential development and transit facilities. The applicant is currently in the final phases of a Transit Oriented Development (TOD) funding request to Metropolitan Council. Also, the proposal shows sidewalks throughout the site which will provide connections to nearby streets and transit shelters as well as adjacent commercial and residential areas. The site will have crosswalks, and signage which will encourage pedestrian activity and provide a safe environment for residents. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Transit Oriented Development. It appears that the proposal for apartment homes, meets the intent of the Comprehensive Plan. The proposal for additional housing on a high frequency transit service route along the Central Avenue corridor, meets the City's goal to encourage more trips via non - motorized modes of travel (pedestrian, biking etc.) and less by automobile. Additionally, the proposal meets the City's goal to incorporate housing in Mixed Use Developments that is affordable at 60% of the area median income, specifically targeting higher density developments that provide workforce housing. DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Highway District" standards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of minimum standards for new construction along Central Avenue and 40th Avenue. In general, the proposed buildings meet the design guidelines. The following components are requirements of the Design Guidelines Highway District and how the applicant has attempted to meet the guidelines: Buildings may be set back a maximum of 85 feet from the sidewalk, in order to allow for two rows of parking and drive aisles plus landscaped frontage. The proposed building will be located approximately 14 feet from the sidewalk along Grand Avenue meeting this guideline. The primary facade(s) of buildings of 40 feet or more in width should be articulated into smaller increments through the techniques such as using of different textures or contrasting, but compatible, materials; dividing storefronts with separate display windows and entrances or incorporating arcades, awnings, window bays, balconies or similar ornamental features. The proposed building shows the facade articulated into smaller increments with varying colors and materials meeting this guideline. 113 City of Columbia Heights Planning and Zoning Commission October 3, 2017 Planning Report Page 4 • Building height shall be a minimum of 22 feet. The proposed buildings will be 47.4 feet tall (four story building), and 36 feet tall (three story building), meeting this guideline. • Where commercial or office uses are found on the ground floor, at least 20 percent of the ground floor facade fronting Central Avenue and 15 percent of any two side or rear facades shall consist of window and door openings. The proposed plan does not include commercial or office space on the ground floor. • The building should have a well- defined front facade with primary entrances facing the street. The proposed building will have a well- defined front facade, with the primary entrance facing the private roads. • Building colors should accent, blend with, or complement surroundings. The colors that are proposed are neutral, and should complement the surrounding area. The building was designed to be architecturally similar to the adjacent condominium building. No more than two principal colors may be used on a facade or individual storefront. Bright or primary colors should be used only as accents, occupying a maximum of 15 percent of building facades, except when used in a mural or other public art. The proposed building will consist of neutral colors, grey, charcoal, and beige, with a red like mortar (primary color) brick. The design is consistent with existing adjacent development. All buildings should be constructed of high - quality materials, including the following: Brick, Natural Stone, Stucco Precast concrete units and concrete block, provided that surfaces are molded, serrated or treated with a textured material in order to give the wall surface a three dimensional character. Jumbo brick may be used on up to 30 percent of any facade, provided that it is used only on the lower third of the building wall. The proposal meets this guideline. The building will be constructed with mortar brick, fiber cement lap siding, flush metal panels surrounding the windows, and a rock face block base. • Architectural details such as ornamental cornices, arched windows and warm -toned brick with bands of contrasting color are encouraged in new construction. The proposal generally meets the intent of this guideline. 114 City of Columbia Heights Planning and Zoning Commission October 3, 2017 Planning Report Page 5 Parking areas adjacent to public streets or sidewalks shall be screened with a combination of landscape material and decorative fencing or walls sufficient to screen parked cars on a year -round basis while providing adequate visibility for pedestrians. The proposed landscape plan includes a variety of trees and shrubs to be planted around the perimeter of the site, which should provide adequate screening. SITE PLAN See attached Site Plans FINDINGS OF FACT Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a Site Plan. They are as follows: The Site Plan conforms to all applicable requirements of this article. The amended site plan does not meet one of the applicable requirements of the Zoning Code, as the proposal shows a 20' wide drive aisle rather than a 24' drive as required. The Fire Department believes this width will suffice for emergency vehicles, providing that the road along the east side of the building going north and south is connected to Grandview Way N. In an effort to reduce hard surface on the site, staff supports the drive aisle width reduction. b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. Staff believes the proposed Site Plan for the property is consistent with the intent of the Comprehensive Plan. The proposal for additional housing on a high frequency transit service route along the Central Avenue corridor, meets the City's goal to encourage more trips via non - motorized modes of travel (pedestrian, biking etc.) and less by automobile. Additionally, the proposal meets the City's goal to incorporate housing in Mixed Use Developments that is affordable at 60% of the area median income, specifically targeting higher density developments that provide workforce housing. C. The Site Plan is consistent with any applicable area plan. There is no area plan for this parcel. d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. The amended plan is within the parameters of the City's Ordinance, should the City Council grant the increase in density and decrease in parking. The Fire Department has stated that the 20 ft. drive aisle will suffice for emergency vehicles. Therefore, it appears that the amended plan minimizes any adverse impacts on property in the immediate vicinity and public right -of -way. 115 City of Columbia Heights Planning and Zoning Commission October 3, 2017 Planning Report Page 6 CONCLUSION If the City Council were to grant the exception it would mean that the proposed development could have 30 units per acre. Parking requirements are determined by the number of bedrooms per unit and based on the proposed unit count (61) one bedroom, (45) two bedroom, and (42) three bedroom, the proposal would be required to have 164 enclosed parking stalls. The amended plan has 222 parking stalls total divided between surface (88 parking stalls) and underground (134 parking stalls). The applicant has stated that due to easement constraints on the property, it cannot expand the underground parking, and has instead chosen to reduce the surface parking stalls which reduces the visual impact and increases green space. In addition, the applicant has added pedestrian and bicyclist amenities to the amended site plan and argues that the development is designed to encourage pedestrian and bicycle use. There will be enclosed bike parking included in every parking stall as well as at the entrance to each parking garage, and bike racks on the exterior of each building. Also, each parking garage will have a bike repair stand with basic tools for repairing bicycles. Finally, the buildings will contain amenities such as clubrooms, a fitness facility, outdoor play areas, grilling stations, and a dog run. With the reduction of the surface parking, and increased pedestrian and bicyclist's amenities, allowing for the added 30 surface parking rather than underground parking appears to be a reasonable request. In regards to the remaining waiver request for the 20 ft. drive aisle, according to the City's Fire Chief, the minimum drive aisle is 20 ft. by the Fire Code. The Fire Department believes that the 20 ft. drive aisle will be sufficient, providing the road that runs north and south on the east side of the development is connected for emergency vehicles. Certain neighbors have expressed concern over the increase in traffic driving through the private roads to the north. The proposal now includes a discrete road connecting to Grandview Way N., which will be landscaped and have a break away chain, to allow for emergency access only. RECOMMENDATION Staff recommends that the Planning and Zoning Commission recommend approval of the proposed development for the properties located at 1069 Grandview Way and 4729 Grand Avenue subject to certain conditions of approval: 1. Stop signs will be added at the development driveway exit(s). 2. The attached Landscape Plan indicates a number of landscaping improvements to the site. All landscaping indicated on the submitted landscape plan dated September 29tH 2017, will be installed no later than 4 months after the buildings are operational, or from such time a Certificate of Occupancy is issued. 3. The monument sign at the corner of 47th Avenue and Grand Avenue, along with the proposed sculpture, will require a sign permit and be approved by the City's Communication Committee. The monument sign and the sculpture must be installed no later than 4 months after the buildings are operational, or from such time a Certificate of Occupancy is issued. 4. The building and site shall meet all requirements found in the Fire Code and the Building 116 City of Columbia Heights Planning and Zoning Commission October 3, 2017 Planning Report Page 7 Code. 5. The applicant will meet the requirements outlined in the attached Review Form from the Fire Chief. 6. The applicant will meet the requirements outlined in the attached Review Form and memo dated August 30th, 2017, from the Director of Public Works /City Engineer. 7. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 8. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. 9. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan for review by the Building Official, prior to construction. 10. All City Storm Water Management requirements, as well as Mississippi Water Management Organization (MWMO) plan requirements, shall be achieved for this property. 11. The applicant will provide space for snow removal on its own property. 12. The applicant will enter in to a Development Agreement with the City of Columbia Heights, which will govern construction methods and timing, as well as the establishment of public and quasi - public infrastructure. The Development Agreement must be approved by the City of Columbia Heights before construction can commence. 13. Access on the easternmost north /south private drive shall be restricted to emergency vehicles only. 14. Site and elevation plans included in this submittal, dated September 29th, 2017 shall become part of this approval. 15. All other applicable local, state, and federal requirements shall be met at all times. ATTACHMENTS Resolution No. 2017 -90 Location Map Metro Transit High Frequency Route Map Memo from Public Works Director Staff Review Form from Fire Chief Memo from Economic Development Manager Applicant's Narrative Site Plans 117 MINUTES OF PLANNING AND ZONING COMMISSION SEPT 6, 2017 7:00 PM The meeting was called to order at 7:00 pm by Chair Szurek. Commission Members present- Novitsky, Hoium, and Szurek Members Absent: Schill and Fiorendino Also present were Elizabeth Holmbeck (Planner), Joe Hogeboom (Community Development Director), Shelley Hanson (Secretary), Council Liaison, Nick Novitsky, and Jim Hoeft (City Attorney), and Jodi Griffin (CDD Dept). Motion by Hoium, seconded by Novitsky, to approve the minutes from the meeting of July 5th, 2017. All aves. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2017 -0901 APPLICANT: Owen Metz, Dominium Development & Acquisitions LLC LOCATION: 1069 Grandview Way and 4729 Grand Avenue REQUEST: Site Plan with Waivers to the Zoning Code Holmbeck stated that Dominium has made a request for Site Plan Review with waivers to certain standards of the Zoning Code, to the City of Columbia Heights, for the properties located at 1069 Grandview Way and 4729 Grand Avenue (Subject Properties). The applicant is requesting approval of the proposed Site Plan in order to allow for 173 units of apartment homes to be located on the subject properties. Specifically, the applicant is proposing to construct two separate buildings on the subject properties with the units divided between the two buildings, approximately 86 or 87 units per building. The proposal calls for, (65) one bedroom apartments with an estimated rent of $939.00, (72) two bedroom units with an estimated rent of $1,126.00, and (36) three bedroom units with an estimated rent of $1,297.00 per month. The buildings will contain amenities such as in unit washer and dryers, clubrooms, fitness facilities, outdoor playgrounds and grilling stations, and some underground parking for each building. The proposal includes three waivers to the Zoning Code: 1. A waiver to the City's density requirement in order to develop 173 units on the proposed site. 2. A waiver to provide fewer parking stalls and not have all the parking stalls enclosed as required by the Zoning Code. 3. A waiver to reduce the minimum width of the development's parking lot drive aisles to 20 feet. ZONING ORDINANCE The subject property is located in the Mixed Use Zoning District. The properties to the north and west are located in the Mixed Use Zoning District and the General Business Zoning District. The properties to the south are located in the R -3 Multiple Family Residential Zoning District and the properties to the east are located in the R -2B Built as Duplexes Zoning District. 118 P & Z Minutes Page 2 Sept 6, 2017 The proposed residential development is a permitted use in the Mixed Use District. The purpose of the Mixed Use Development District is to promote efficient use of existing city infrastructure; ensure sensitivity to surrounding neighborhoods; create linkages between compatible areas of the city; provide appropriate transition between uses; ensure high quality design and architecture; create good pedestrian circulation and safety; promote alternative modes of transportation; and increase the quality of life and community image of Columbia Heights. The intent of this district is to encourage a flexible high - quality design strategy for development and/or redevelopment of specific areas within the community. The Zoning Ordinance specifically identifies the subject property to be used for Transit Oriented Mixed Use Development. The purpose of the Transit - Oriented Mixed Use is to promote development and redevelopment that facilitates linkages and interaction of transit services, housing and neighborhood services. The focus of land use within this district is to ensure a pedestrian friendly environment and pedestrian connections to and from residential development and transit facilities. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Transit Oriented Development. It appears that the proposal for apartment homes, meets the intent of the Comprehensive Plan. DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Highway District" standards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of minimum standards for new construction along Central Avenue and 40`h Avenue. In general, the proposed buildings meet the design guidelines. The following components are requirements of the Design Guidelines Highway District and how the applicant has attempted to meet the guidelines: • Buildings may be set back a maximum of 85 feet from the sidewalk, in order to allow for two rows of parking and drive aisles plus landscaped frontage. The proposed building will be located approximately 14 feet from the sidewalk along Grand Avenue meeting this guideline. • The primary facade(s) of buildings of 40 feet or more in width should be articulated into smaller increments through the techniques such as using of different textures or contrasting, but compatible, materials; dividing storefronts with separate display windows and entrances or incorporating arcades, awnings, window bays, balconies or similar ornamental features. The proposed building shows the facade articulated into smaller increments with varying colors and materials meeting this guideline. • Building height shall be a minimum of 22 feet. The proposed building will be 47.4 feet tall meeting this guideline. • Where commercial or office uses are found on the ground floor, at least 20 percent of the ground floor facade fronting Central Avenue and 15 percent of any two side or rear facades shall consist of window and door openings. The proposed plan does not include commercial or office space on the ground floor. • The building should have a well- defined front facade with primary entrances facing the street. 119 P & Z Minutes Page 3 Sept 6, 2017 The proposed building will have a well - defined front facade, with the primary entrance facing the private roads. • Building colors should accent, blend with, or complement surroundings. The colors that are proposed are neutral, and should complement the surrounding area. The building was designed to be architecturally similar to the adjacent condominium building. • No more than two principal colors may be used on a facade or individual storefront. Bright or primary colors should be used only as accents, occupying a maximum of 15 percent of building facades, except when used in a mural or other public art. The proposed building will consist of neutral colors, grey, charcoal, and beige, with a red like mortar (primary color) brick. • All buildings should be constructed of high - quality materials, including the following: Brick, Natural Stone, Stucco Precast concrete units and concrete block, provided that surfaces are molded, serrated or treated with a textured material in order to give the wall surface a three dimensional character. Jumbo brick may be used on up to 30 percent of any facade, provided that it is used only on the lower third of the building wall. The proposal meets this guideline. The building will be constructed with mortar brick, fiber cement lap siding, flush metal panels surrounding the windows, and a rock face block base. • Architectural details such as ornamental cornices, arched windows and warm -toned brick with bands of contrasting color are encouraged in new construction. The proposal generally meets the intent of this guideline. • Parking areas adjacent to public streets or sidewalks shall be screened with a combination of landscape material and decorative fencing or walls sufficient to screen parked cars on a year -round basis while providing adequate visibility for pedestrians. The proposed landscape plan includes a variety of trees and shrubs to be planted around the perimeter of the site, which should provide adequate screening. SITE PLAN REVIEW 1. Parking The proposed plan identifies 134 enclosed parking stalls and 135 surface parking stalls for a total of 269 parking stalls combined. The City's Zoning Code requires that for multiple family residential uses, each one bedroom unit is required to have one enclosed parking stall, and each two bedroom (or larger) unit is to have two enclosed parking stalls. Based on the current proposal of 173 units, containing 65 one bedroom units, 72 two bedroom units, and 36 three bedroom units, the development is required to provide 281 enclosed parking stalls. The proposed parking plan is under the required parking stalls by 12, and currently only shows 134 underground parking stalls, whereas all of the 281 required parking stalls are to be located underground or enclosed. By this standard, the proposed plan does not meet the City's parking requirements. 2. Access Access to the development will be off 47`h Avenue NE, just east of Central Avenue NE, by turning north on to Grand Avenue NE then turning east onto Grandview Way. 120 P & Z Minutes Page 4 Sept 6, 2017 3. Landscape The proposed landscaping materials are shown on the attached Landscape Plan. The applicant is proposing to plant 40 trees and 800 Sq. Ft. of landscaped area. 4. Signage The proposal indicates that there will be a monument sign at the corner of 47th Avenue and Grand Avenue, along with a sculptural element for a strong site identity. The monument sign will need to be approved administratively through the sign permit process. The sculpture will need to be approved by the City's Communication Committee. FINDINGS OF FACT Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a Site Plan. They are as follows: a. The Site Plan conforms to all applicable requirements of this article. As outlined above, the proposed plan does not meet some of the applicable requirements of the Zoning Code. For this reason the applicant has requested waivers to these requirements as outlined in the applicant's narrative. b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. Staff believes the proposed Site Plan for the property is consistent with the intent of the Comprehensive Plan. The proposal for additional housing on a high frequency transit service route along the Central Avenue corridor, meets the City's goal to encourage more trips via non - motorized modes of travel (pedestrian, biking etc.) and less by automobile. Additionally, the proposal meets the City's goal to incorporate housing in Mixed Use Developments that is affordable at 60% of the area median income, specifically targeting higher density developments that provide workforce housing. c. The Site Plan is consistent with any applicable area plan. There is no area plan_for this parcel. d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right - of -way. The proposed Site Plan does not meet some of the applicable standards outlined in the Zoning Ordinance. Staff believes that if the applicant wishes to increase densities on the site, the applicable Zoning Code requirements should be achieved to minimize any potential negative impacts on surrounding property. Therefore, it is possible the properties in the immediate vicinity of the proposed development could be adversely impacted. CONCLUSION The City's Zoning Code states that this area is guided to allow for up to 20 units per acre. The site is comprised of approximately 4.94 acres. By this standard the site would allow for up to 98.8 units. Dominium's current proposal is for 34.9 units per acre or 172.4 units. The proposal does not meet the City's unit per acre requirement and exceeds the maximum by 73.6 units. The applicant has requested a waiver to this requirement. The proposed plan identifies 134 enclosed parking stalls and 135 surface parking stalls for a total of 269 parking stalls combined. Based on the current proposal of 173 units, the development is required to provide 281 121 P & Z Minutes Page 5 Sept 6, 2017 enclosed parking stalls. The proposal is under the required parking stalls by 12 and currently only shows 134 of the parking stalls provided to be underground, whereas all of the required parking is to be underground or enclosed. The proposed plan does not meet the City's parking requirements, and the applicant has requested a waiver to this requirement. The proposed parking lot shows the drive aisle to be 20 feet. The City's Zoning Code requires that each off street parking space have access to a drive aisle of 24 feet wide to provide safe and efficient means of vehicular access. The applicant has requested a waiver to this requirement. Staff believes that if the applicant wishes to increase densities on the site, that other applicable requirements of the City's Code should be met in order to minimize any potential negative impact on the surrounding properties. The proposed plan is to increase the density on the site and does not meet the applicable requirements of the City's parking Ordinance. While the proposal itself has merit as it meets the intent of the Comprehensive Plan, it would provide additional housing options and complete the development started years ago, staff believes that the current plan should be modified to meet the other applicable requirements of the City's Code. RECOMMENDATION Staff finds that the current proposal does not meet some of the Findings of Fact as outlined. Staff recommends that the Planning and Zoning Commission table the proposal until an amended site plan can be submitted by the applicant for the subject properties located at 1069 Grandview Way and 4729 Grand Avenue. Furthermore, staff recommends that the plan be modified in the following ways: 1. Staff recommends that the proposed development density be reduced. The City's Zoning Code allows for Mixed Use Development densities to be increased by up to 50 %. In fact, the Zoning Code states: Maximum densities may be increased by up to 50% at the sole discretion of the City Council if one of more of the following are provided: (a) At least 50% of the required parking is provided by underground parking or parking in ramps; (b) Housing is provided above ground floor retail /service commercial and the total floor area of the housing is at least twice the floor area of the retail /service commercial use; (c) Office space is provided above ground floor retail /service commercial and the total floor area of the office space is at least twice the floor area of the retaiUservice commercial use; (d) At least 50% of the building ground coverage is concentrated in structures four or more stories in height, thereby conserving open space within the mixed -use development area. If the City Council decides to allow for the density to be increased by up to 50 %, that would mean that the maximum density would be 30 units per acre allowing a maximum of 148.2 units. 2. All required parking for the residential use should be provided underground or in an enclosed building. Staff recommends that the drive aisle be reduced to 20 feet, only if a restricted amount of off - street surface parking is provided for guests and limited to 30 spaces per building. The off- street parking spaces should be designed as bump -out parking spaces similar to the adjacent development to the north. The City's Zoning Code allows for Mixed Use Development parking requirements to be reduced by 30 %. In fact the Zoning Code states: Cumulative parking requirements may be reduced by up to 30% of required spaces at the sole discretion of the Council if one or more of the following are provided: 122 P & Z Minutes Page 6 Sept 6, 2017 (a) Joint or shared parking arrangements between uses; (b) Proof of parking; (c) Car /van pooling and /or provision of employee or resident transit passes; (d) Superior pedestrian, bicycle and/or transit access. If the City Council decides to allow for the parking requirements to be reduced by 30% that would mean with the current number of proposed units (as this is how parking requirements are determined), the parking requirement would be lowered to 196.7 enclosed parking stalls. Holmbeck told members that if the Planning and Zoning Commission decides to proceed against staff's recommendation, and recommend approval of the Site Plan (as currently presented) with the requested waivers, staff has provided motions to them along with recommended conditions of approval. The Planning and Zoning Commission could also make a motion to recommend that the City Council deny the Site Plan application. In either of those two cases, the plan would go before the City Council on September 11th, 2017 for final consideration. Discussion and Presentation: Owen Metz from Dominium told members that the Company is 45 years old and is just finishing the project at 37th and University. He said they construct buildings and then retain ownership and management of them for a period of 20 -40 years. They construct high quality units with amenities that are important to people (washer & dryers in units, granite countertops, energy saving lights, and nice flooring). He told members that they have all the financing in place so they could begin construction this winter. He went on to explain to the Commission that two neighborhood meetings were held, and they incorporated the feedback they got from residents in the area into their latest proposal. Dominium wants to finish the project that was started back in 2003 which included three condo buildings and a number of townhouses. Metz stated that the original proposal took into account the whole site and had 15 units /acre. He explained that if you took into account the entire site for this new proposal it would amount to 17 units /acre. He said the Planning Report which indicates 34.9 unit /acre is based on the unfinished area, not on the entire development. He said the current proposal only has 37 more units than what was approved in 2003. This site is designated as a Transit Oriented Development and would be in high demand for "work force housing" since it is on the bus line, has great access to downtown , and is close to nearby shopping. Metz addressed several issues that have been brought up. First, Metz told members that Dominium has strict rental regulations. They have signed leases, rental contracts, background checks, management staff on site, so they attract good renters who take care of their apartment homes. He assured members that they are not absentee landlords. Second, home values should not be adversely affected. He said they have similar buildings in St Anthony and Crystal and values of surrounding properties have continued to increase. Metz said Dominium has done a study on their many buildings in the metro area and determined that there will be 1.4 adults /apt on average. He said the 1.55 parking stalls per unit is actually more than needed. The outdoor parking spaces will be screened by a wall or the building itself so as not to impact the surrounding area. 123 P & Z Minutes Page 7 Sept 6, 2017 Metz said according to 2010 figures that Columbia Heights had approximately 68% home ownership which is in line with the metro average, so he doesn't think this project would have a huge impact on this percentage. He stated that affordable housing is needed throughout the country. Metz said they made changes to their plan since their original design earlier this year, based on the feedback they received from residents and staff. They lowered the number of units from over 200 to 170, they added green space, they increased parking, an access point was eliminated, and they have tried to curtail traffic going past the single family homes. He told members that the two new buildings will blend well with the Condo buildings. They have placed the buildings so there is a court yard area between buildings. The west building will have green space on its west side so it is screened from the other buildings for a play area. A bump -out area was added on Grand to allow for additional company parking. Metz said the 20 foot drive access matches the private streets throughout the rest of the development. Szurek said the development design is lovely, but she thinks more underground parking should be provided. She suggested making the underground parking area two levels in order to achieve this. Metz said financial constraints would prevent them from constructing a two level underground parking area. That is why they proposed more outdoor parking that would be screened. Metz felt that the majority of the residents wouldn't want to pay the additional fee for underground parking so providing half of the parking requirements outside would work better for their plan. Szurek said screening was not the issue and whether residents would pay extra for covered parking is not the issue. The Commission must uphold Columbia Heights Ordinance requirements that dictate the number of covered parking spaces necessary for approval and it is not the Commission's job to make it financially feasible for the developer. Metz said they own buildings across the country and data collected from other Twin Cities buildings show less parking is needed than what the cities usually require based on the fact that most of the units are not two adult households, and that many use bus transportation, Uber, or bikes to get around. He told members that their plan is close to meeting the required parking spaces, just not covered ones. He said Dominium is confident they will have enough. They would not invest 40 million dollars and not have enough parking. They wouldn't be able to rent out the units if they didn't provide enough parking. Szurek said there is no guarantee that the outside parking won't be an issue. She doesn't want to overload the area with cars parked everywhere, especially during the winter months when cars are not allowed to be parked on the streets. Public Hearing Opened. Cliff Johnson from 1027 43 'h Avenue has rental properties and attends landlord meetings. He said there are problems with rental properties and we need more responsible landlords and more rules and laws regarding those properties. He said the City won't change until we change how we develop. He thinks the City should stick to the original plan for condos that would mostly be owner - occupied. 124 P & Z Minutes Page 8 Sept 6, 2017 Torn Kaiser from 1140 50`h Avenue is in favor of the proposal. Dominium builds quality units and manages them. He wants to see properties along Central Avenue redeveloped and he believes this would be a positive start. Urban design trends are moving to less car ownership and more public transportation. It will be a wise investment for the future. Thomas Radio -is an attorney from Felhaber & Larson representing the Condo owners who has experience with Real Estate and Land Use cases. He told members that developers will promise cities a lot of things, but there is no guarantee for the future that those promises will be fulfilled. He said the Commission needs to focus on the sanctity of law and enforcing the ordinances that are in place to protect residents' rights. He said there are three issues with their proposal that do not meet the requirements so they are in violation of the City Code. He believes that too many people in too small of an area will have an adverse impact on the property rights of his clients. They must enforce the rules as written and not do as Dominium wants just because it is financially feasible for them. He went on to say that the original plan called for three condo buildings to share the expenses and maintenance and thus far there is no agreement with Dominium to do the same. Paul Biernat -1070 Grandview #306 said Dominium made a nice presentation and trends may be moving towards public transportation, but he has his doubts after driving in rush hours around the city. He said if a developer wants to build affordable housing, then they should look at condo buildings since it is cheaper to own a condo than rent an apartment. He thinks the condo market is coming back and the City should hold out for that. He doesn't appreciate that the developer is trying to circumvent the association bylaws by having the City grant waivers that should be voted on by residents in the development. Roger Johnson 1070 Grandview just bought this condo and doesn't think we need more apartments and more traffic in the neighborhood. Jan Swentkofske 1070 Grandview bought her unit 3 years ago and was told two other condo buildings would be constructed in phases. The residents don't want this development of rental apartments. She asked the members if they would make exceptions to the law if the building were going in next to them. Kevin Lovgren 1070 Grandview #402 has owned his unit for 7 years and was the owner of Sara Jane's Bakery. His main concern was added traffic in the area. He said it will cause more congestion at 49`h Ave and Grand. He said people cut through the development now and with 49`h being a high traffic road with curved visibility it will be a dangerous intersection that may require a traffic light. He would be in favor of one building, but feels this plan is too crowded for the area. K.T. Jacobs 4104 Monroe St has been a resident since 1994. She wanted to know what the ratio of owner occupied homes versus rental units is for the City. She thinks we have more than the metro average of 28% and thinks that approving the higher density of additional rental units will bring issues. 125 P & Z Minutes Page 9 Sept 6, 2017 John Bush 1070 Grandview thinks the square footage of these units are minimal and that they are trying to squeeze a lot into a small space so it is financially lucrative. He likes the design of the buildings, and thinks the "work force affordability" is ok, but thinks it is too much density for the site. He said the outside parking should be for company, not for residents to use. He said by charging $75 /space for the covered parking will cause even more to park outside as they will not be able to afford to pay for an underground spot. Dave Meir 4218 2 °a St is a retired firefighter. He said the City has gone to great lengths to clean up that area and is concerned with the amount of density on a small site. Ann Budig 1070 Grandview #313 has invested everything into her condo unit. She believes this is too much density for the development to handle. Tamara Kurak 1070 Grandview #117 wanted to see the development finished and likes the townhouses and cottages that were added on the north end. However, she thinks the proposed project would be too much density for the site. Tom Kurak 1070 Grandview #406 has been an owner and Board member from the start. He would prefer to have owner occupied condo buildings constructed as per the original development plan. He submitted a letter for the record which is attached to the end of these minutes. Dan Thompson Pastor of Heights Church said he is in favor of the project. He said Dominium has a good reputation and builds quality housing. He said this is a perfect location for renters as it is near the bus line, near the schools and would give working people a nice place to call home. He is concerned with the stigma that has been expressed about renters being troublesome. He said it is true that one cannot guarantee the future, but the City should look at the prior performance of Dominium and how they manage buildings after building them. Sean Broom of 4117 5"i St said the Commission should consider the most important questions in front of them. Is it in line with the Comprehensive Plan -yes. Is it is line with other projects that have set precedence - mostly yes. They are seeking more density to make it work with a few exceptions. He said Dominium is willing to invest in a quality project in our City. He said someone earlier had stated that Columbia Heights needs to change how we develop, but he said first we need to develop. Broom went on to say that rents of $940 for the one BR unit is more expensive than most mortgage payments. He said it is not the City's place to dictate whether property is developed as owner occupied or rental. He said the original developer is the one who made false promises and their beef should be with him, not directed at the new developer. Degha Shabbeleh 3827 Bakken Blvd was a renter for a while until she could save enough to purchase her townhouse. She said a lot of people rent until they can buy, or until they settle into a good job, etc. Renters are not bad people and everyone deserves a nice clean place. This is the first apartment building built in a long time in this city. Most of the old ones are run down and have no amenities. She is in favor of the project. 126 P & Z Minutes Page 10 Sept 6, 2017 Dena DeGroat 4426 7 I St has lived in her house for one year. She bought a house that was built in 1917. She said a lot has changed in the City since that time and continues to change. DeGroat said she has read the Comprehensive Plan and quoted that it is the job of the Plan to steer that change and to increase the City's vitality. Renting is a trend with urban dwellers and millennials. She believes compromise is in order as we move forward as a community. Elizabeth Herrmann 950 39`f' Ave lives in one of the worst apartment buildings in the City. She is in favor of this project and feels it is a positive move for the City. Phil Beannia 3800 American Blvd is a Real Estate Broker. He asked how long the rent is required to remain in the "affordable" classification. Dahl answered that the time frame is tied to the tax exempt bonds and therefore, it would be for 15 years in this case. After that time they no longer have to abide by the income restrictions. He reviewed an affordability price comparison between buying a condo unit of this same size versus renting it for $940 /month and it was determined that with all costs included, it is cheaper to buy the unit than to rent it. He thinks it is too much density for this site and feels the original concept was a better plan and that it was already approved by the City back in 2003. Denise Kendrick Stevens of 4844 Grandview Crt. She lives in one of the new Cottage Homes on the north end of the development. She thinks the Dominium proposal has beautifully designed buildings, and is not against renters, nor does she think that renters are criminals. However, she is very concerned over the increase in traffic that will cause more problems. She said they drive so fast through the development already and she is afraid that by adding more cars on the narrow streets some child is going to get hit. Stevens also stated that she works in real estate and that condos and townhouses are selling like crazy. The market for them has really increased since the recovery. Jane Halek of 4602 Fillmore owns a duplex and has dealt with renters for many years. She believes the proposal is overbuilding the area. Joe Schluender of 4034 Monroe St is excited about living near a bus line, and believes this is becoming a more popular transportation trend. He is in favor of urban growth and of this project. Michael Strunk 1070 Grandview #102 agrees with the others who think this is too much density and that safety should be a concern. There is too much traffic and the private roads are narrow already. The Public Hearing was closed. Szurek stated that the Commission must make their decision based on the existing Zoning Ordinance 127 P & Z Minutes Page I 1 Sept 6, 2017 Motion by Hoium, seconded by Novitsky, to table the Site Plan approval with waivers until an amended Site Plan is submitted for the subject properties of 1069 Grandview Way and 4729 Grand Ave which would include: 1. Staff recommends that the proposed development density be reduced The City's Zoning Code allows for Mixed Use Development densities to be increased by up to 50 %. In fact, the Zoning Code states: Maximum densities may be increased by up to 50% at the sole discretion of the City Council if one of more of the following are provided: (a) At least 50% of the required parking is provided by underground parking or parking in ramps; (b) Housing is provided above ground floor retail /service commercial and the total floor area of the housing is at least twice the floor area of the retail /service commercial use; (c) Office space is provided above ground floor retail /service commercial and the total floor area of the office space is at least twice the floor area of the retail /service commercial use; (d) At least 50% of the building ground coverage is concentrated in structures four or more stories in height, thereby conserving open space within the mixed -use development area. If the City Council decides to allow for the density to be increased by up to 50 %, that would mean that the maximum density would be 30 units per acre allowing a maximum of 148.2 units. 2. All required parking for the residential use should be provided underground or in an enclosed building Staff recommends that the drive aisle be reduced to 20 feet, only if a restricted amount of off - street surface parking is provided for guests and limited to 30 spaces per building. The off- street parking spaces should be designed as bump -out parking spaces similar to the adjacent development to the north. The City's Zoning Code allows for Mixed Use Development parking requirements to be reduced by 30 %. In fact the Zoning Code states: Cumulative parking requirements may be reduced by up to 30% of required spaces at the sole discretion of the Council if one or more of the following are provided: (a) Joint or shared parking arrangements between uses; (b) Proof of parking; (c) Car /van pooling and /or provision of employee or resident transit passes; (d) Superior pedestrian, bicycle and /or transit access. If the City Council decides to allow for the parking requirements to be reduced by 30% that would mean with the current number of proposed units (as this is how parking requirements are determined), the parking requirement would be lowered to 196.7 enclosed parking stalls. All ayes. MOTION PASSED. 128 P & Z Minutes Page 12 Sept 6, 2017 OTHER BUSINESS 2418 Land Use Fees and Procedure Changes- Hogeboom told members the City Council will be considering the adoption of a revised Fee Schedule for the Community Development Division which include fees charged for Planning and Zoning applications. Hogeboom reviewed the changes with the members. He said this is informational only and that no Public Hearing is necessary. Hoium asked if these recommended changes had been approved by the City Manager, the Finance Director, and the City Attorney. Hogeboom said that each of them had reviewed the proposed fee changes. Open House for the Comp Plan- Holmbeck told members there would be an Open House for the Comp Plan renewal process that will be held on Tuesday, September 19. Staff is looking for input on concept models for the 40th Avenue corridor and Central Avenue. She went on to say that residents can also access a survey on our website and submit opinions on that. The meeting was adjourned at 9:29 pm. Respectfully submitted, Shelley Hanson Secretary 129 To the Planning and Zoning Commission of Columbia Heights: Imagine this moment for now: We -1- like YOU out of respect. Now recognize that we bought our homes and have lived 10, yes 10, years through tough times. Like everyone else. We have in our planned enclave, closed in by 3 wails, on 6 acres in a planned grouping of 3 condo buildings. We have the 11 building. All through the real estate downturn we have been planning on how we will welcome over 200+ more neighbors when they move into their new condos after they are built. We have been planning on a beautiful neighborhood of people enjoying their homes and building a community that works together. We would then be able to gain amenities like owning an affordable home by 130 gracious sharing expenses of maintenance of ?mounts open space, Now this space I'm speaking of was promised to all of us, including all of our neighbors. Back when the building permits were granted for approximately 180 condo units (60 per building) on 6 acre neighborhood on a little green patch of Columbia Heights that we, as a family, maintained for 10 years waiting and planning for welcoming our new home owning neighbors. Congealing our family, working through property owning maintenance issues which came up when people with divergent past lives and lifestyles come together. Some of our family are young. Some are old. Some of our family have made relationships with all of us and then moved on in different ways or passed away. We miss them all and respect their lives. So, life goes on in our little MI neighborhood on the land that was waiting for the condos buildings and our new neighbors. My friends and I hope that it will remain a home ownership opportunity as it was originally planned. 4 acres inside our community is not too much land to reserve for home ownership. Regards, 4::�;P Tom Kurak Grand Ventral Lofts Unit 406 763 - 242 -7953 132 Elizabeth Hafmbeck Prarci: jaimold@gmail-com Sent: Wednesday, August 30, 2017 9:48 AM TO: John Murzyn Jr; dinoprod@gmail.com; shoium5227 @comcast.net; aeschill @gmail.com; marlaines @yahoo.com; 58mike.n @gmail.com Cc' Donna Schmitt; Elizabeth Holmbeck Subject: Dominium Project at 47th and Grand Avenue Dear Planning and Zoning Commission and Columbia Heights City Officials: I am writing in regards to the proposed Dominium project on 47th and Grand Avenue. I am a townhome owner and resident. I am not against this project but am concerned about the waiver requests on density and parking. Both these waivers are connected: more units create more parking needs, fewer units create less parking demands. I have read the Dominium proposal and narrative; and, I found it well researched and thorough. I understand the rationale for each of the three requested waivers. Here comes the but ... there is a problem with sufficient parking space with the present condo residents. According to the Dominium documents, the condo building density is 40 per acre since there are 66 units with 1.71 acres of land. Condo parking overflows onto master association roads and club house parking bump -out. The present parking issue has foreshadowed my concern with the waiver request. I understand and appreciate the importance of green space, impervious surfaces and landscaping but I would suggest that Dominium flip the east building to face south. The center of the "C" shape could be converted to parking. I believe the Dominium documents indicated 19 parking spaces could be gained from less green space. I attended the first Dominium meet and greet at the public library and was appalled by the audience's lack of knowledge and their refusal to accept the facts or that their very vocal opinions were based on misinformation. I was disheartened by the continuous negative comments directed toward the community of Columbia Heights. I was not able to attend the second Dominium meeting but my neighbor informed me that the "crazies" were out in full force. I expect the meeting on September 6 will be lively. Hence, the rationale for this email. Here is what I know: -If the original 2003 development had been completed as planned, there would have been one townhome association and three separate condominium associations. Each association would create their own budget and pay into the master association for common elements such as roads. -The proposed development property was released from the Grand Central community and master association in 2010. No Grand Central revenue would be generated from this geographic area. -The property is and has been for many years zoned as Transit Oriented Mixed Use which includes rental. -The property has been for sale for many years. -The vacant property has not generated any dues to the Grand Central community. Also, there should not have been any expenses accrued to Grand Central properties for this area. -The sale of the property and the building of the Dominium project will not financially bankrupt or devastate the Grand Central associations or homeowners. As 1 stated earlier, each association creates their own budget according to their expenses, needs and amenities and assesses dues accordingly. Association dues also include a master association fee. The only potential monetary impact to the Grand Central community that I can envision would be road maintenance due to increased traffic. Perhaps Columbia Heights would like to adopt our association roadways? As I stated above, I am not against this Dominium development. As a commission, you need to decide what is beneficial for the community of Columbia Heights. Go Hylandersl 133 Hizabeth Holmbeck rrom: Faustina'faustina.bolechowski@gmaiimm> Sent: Tuesday, September 05, 201710:28Pk4 'o: E|izabe1hHo/mbeck Subject: Favor of the Dominium housing project 47th and central Hi Elizabeth, Could you please pass on my favor of the Dominium's affordable housing project for 47th and Central to the Planning and zoning committee meeting tomorrow night. |am unable to attend this meeting but | support this project. Thank you, Faustina Allen Columbia Heights resident 134 From Tammy Schmitz ^tammy&Ptammyschmkzmm> Sent: Tuesday SeptemberO5,20I7I(lJ9PW To* Elizabeth No|mbeck Subject: Dominium Apartment Proposal HiElizabeth, I'm writing tonight asa Columbia Heights resident. / recently heard about Dominium's request Uz build apartments on the old K-Mart site. After reading the packet provided for the Planning and Zoning Commission, I recognize city staff have some legitimate concerns with certain aspects of the project. I'm unable tobeatthe Planning and Zoning meeting tomorrow night, mo/ just wanted to let you know that ifthe developer can satisfy staff y concerns and/or ifa mutually-acceptable compromise can be met that meets safety needs/ think The pojeoLalso seems Ukeit could bring needed business, provide access 10 various transportation options in the area ' and raise the quality of rental properties in that area. I also appreciate the green space and that staff are requiring stormwater management (something I believe in personally, as well as professionally.) Thanks for your hard work on this project �) Tammy Schmitz 135 Hliabeth Hofmbeck From: Donald Vesley <vesleOOI@umn,edu> Sent: Wednesday, September 06, 2017 2M PM To: Elizabeth Holrnbeck Subject: Affordable housing project next to Grand Central lofts Elizabeth It is my understanding that this proposed project would focus on affordable housing for individuals who have salaries in the $60-70 K range. They would be young professionals and others in the early phases of their careers. This is a demographic that the City needs to attract. Ne Mpls and St. Anthony have certainly been successful at doing this. The land in question has been vacant and growing weeds for so many years. It was never even been landscaped into a pocket park etc. This would be a good use, on the bus line, and focused on people who would frequent the restaurants, the Heights Theatre etc. What other proposals are there? The development would add to our tax base and 1.4 million in TIF seems a reasonable price to pay for such a substantial development commitment. This is a good choice. Catherine Wesley Col Heights Library Board 136 MINUTES OF PLANNING AND ZONING COMMISSION OCT 3, 2017 7:00 PM The meeting was called to order at 7 :00 pm by Chair Szurek. Commission Members present- Novitsky, Fiorendino, Hoium, Schill, and Szurek Also present were Elizabeth Holmbeck (Planner), Shelley Hanson (Secretary), John Murzyn (Council Liaison), and Jim Hoeft (City Attorney). Motion by Fiorendino, seconded by Hoium, to approve the minutes from the meeting of Sept 6th, 2017. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2017 -0901 APPLICANT: Owen Metz, Dominium Development & Acquisitions LLC LOCATION: 1069 Grandview Way and 4729 Grand Avenue REQUEST: Amended Site Plan with a Waiver to the Zoning Code Holmbeck reminded members that Dominium has made a request for Site Plan Review with a waiver to a certain standard of the Zoning Code, to the City of Columbia Heights, for the properties located at 1069 Grandview Way and 4729 Grand Avenue (Subject Properties). The applicant is requesting approval of the proposed Site Plan in order to allow for two apartment homes to be constructed on the subject properties. The applicant first came before the Planning and Zoning Commission in September with their application which included waivers to the density requirements, parking requirements, and drive aisle width. At the meeting the Planning and Zoning Commission voted to table the application requesting that the applicant modify the plan to decrease the proposed density and provide an increased ration for underground parking. The minutes from the previous meeting were included in the packet for reference. The applicant has amended the proposed site plan by reducing the density and ratio of surface parking. The current proposal is for 148 apartment units divided between two buildings, with (one) three story building containing 60 units, and (one) four story building with 88 units. The new proposal is 25 units less than the original 173 unit proposal. The applicant has amended the proposed parking plan. The proposal now calls for 134 parking stalls underground divided between the two buildings, and 88 surface parking stalls. The new proposal has 47 less surface parking stalls than the original proposal which had 135 surface parking stalls. The applicant is still requesting a waiver to the parking lot drive aisles width, which is required to be 24 ft. wide. The proposal calls for the drive aisles to be 20 ft. wide. In regards to the current density and parking requirements, the original proposal exceeds the maximum density and surface parking generally allowed. However, the amended proposal is within the parameters established in the City Ordinance which states: 9.112 MIXED -USE DEVELOPMENT DISTRICT. (E) (2) The maximum non - residential density is 6.0 FAR and the maximum residential density is 20 units /acre. Maximum densities may be increased by to 50% at the sole discretion of the City Council if one of more of the following are provided: (a) At least 50% of the required parking is provided by underground parking or parking in ramps; (b) Housing is provided above ground floor retail/service commercial and the total floor area of the housing is at least twice the floor area of the retail/service commercial use; 137 P & Z Minutes Page 2 Oct 3, 2017 (c) Office space is provided above ground floor retail/service commercial and the total floor area of the office space is at least twice the floor area of the retail/service commercial use; (d) At least 50% of the building ground coverage is concentrated in structures four or more stories in height, thereby conserving open space within the mixed -use development area. 9.112 MIXED -USE DEVELOPMENT DISTRICT. (E) (5) Cumulative parking requirements may be reduced by up to 30% of required spaces at the sole discretion of the Council if one or more of the following are provided: (a) Joint or shared parking arrangements between uses; (b) Proof of parking; (c) Car /van pooling and /or provision of employee or resident transit passes; (d) Superior pedestrian, bicycle and /or transit access. As outlined in the City's Zoning Code, the City Council has some discretion when reviewing development proposals located in a Mixed Use Zoning District, and provided certain conditions are met, the densities can be increased and the parking requirement can be reduced. The applicant has made the argument in the attached narrative, that they meet at least one of the required findings above for both the density increase of 50 % and the parking decrease of 30 %. It appears that the amended application meets the following findings: 9.112 (E) (2) (d) At least 50% of the building ground coverage is concentrated in structures four or more stories in height, thereby conserving open space within the mixed -use development area, and (a) that at least 50% of required parking is provided underground. 9.112 (E) (5) (d) Superior pedestrian, bicycle and /or transit access. ZONING ORDINANCE The subject property is located in the Mixed Use Zoning District. The properties to the north and west are located in the Mixed Use Zoning District and the General Business Zoning District. The properties to the south are located in the R -3 Multiple Family Residential Zoning District and the properties to the east are located in the R -213 Built as Duplexes Zoning District. The proposed residential development is a permitted use in the Mixed Use District. The purpose of the Mixed Use Development District is to promote efficient use of existing city infrastructure; ensure sensitivity to surrounding neighborhoods; create linkages between compatible areas of the city; provide appropriate transitions between uses; ensure high quality design and architecture; create good pedestrian circulation and safety; promote alternative modes of transportation; and increase the quality of life and community image of Columbia Heights. The intent of this district is to encourage a flexible high - quality design strategy for development and/or redevelopment of specific areas within the community. The Zoning Ordinance specifically identifies the subject property to be used for Transit Oriented Mixed Use Development. The purpose of the Transit- Oriented Mixed Use is to promote development and redevelopment that facilitates linkages and interaction of transit services, housing and neighborhood services. The focus of land use within this district is to ensure a pedestrian friendly environment and pedestrian connections to and from residential development and transit facilities. 138 P & Z Minutes Page 3 Oct 3, 2017 The applicant is currently in the final phases of a Transit Oriented Development (TOD) funding request to Metropolitan Council. Also, the proposal shows sidewalks throughout the site which will provide connections to nearby streets and transit shelters as well as adjacent commercial and residential areas. The site will have crosswalks, and signage which will encourage pedestrian activity and provide a safe environment for residents. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Transit Oriented Development. It appears that the proposal for apartment homes, meets the intent of the Comprehensive Plan. The proposal for additional housing on a high frequency transit service route along the Central Avenue corridor, meets the City's goal to encourage more trips via non - motorized modes of travel (pedestrian, biking etc.) and less by automobile. Additionally, the proposal meets the City's goal to incorporate housing in Mixed Use Developments that is affordable at 60% of the area median income, specifically targeting higher density developments that provide workforce housing. DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Highway District" standards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of minimum standards for new construction along Central Avenue and 40th Avenue. In general, the proposed buildings meet the design guidelines. The following components are requirements of the Design Guidelines Highway District and how the applicant has attempted to meet the guidelines: • Buildings maybe setback a maximum of 85 feet from the sidewalk, in order to allow for two rows of parking and drive aisles plus landscaped frontage. The proposed building will be located approximately 14 feet from the sidewalk along Grand Avenue meeting this guideline. • The primary facade(s) of buildings of 40 feet or more in width should be articulated into smaller increments through the techniques such as using of different textures or contrasting, but compatible, materials; dividing storefronts with separate display windows and entrances or incorporating arcades, awnings, window bays, balconies or similar ornamental features. The proposed building shows the facade articulated into smaller increments with varying colors and materials meeting this guideline. • Building height shall be a minimum of 22 feet. The proposed buildings will be 47.4 feet tall (four story building), and 36 feet tall (three story building), meeting this guideline. • Where commercial or office uses are found on the ground floor, at least 20 percent of the ground floor facade fronting Central Avenue and 15 percent of any two side or rear facades shall consist of window and door openings. The proposed plan does not include commercial or office space on the ground floor. • The building should have a well - defined front facade with primary entrances facing the street. 139 P & Z Minutes Page 4 Oct 3, 2017 The proposed building will have a well - defined front fa�adc, with the primary entrance facing the private roads. • Building colors should accent, blend with, or complement surroundings. The colors that are proposed are neutral, and should complement the surrounding area. The building was designed to be architecturally similar to the adjacent condominium building. • No more than two principal colors may be used on a fagade or individual storefront. Bright or primary colors should be used only as accents, occupying a maximum of 15 percent of building facades, except when used in a mural or other public art. The proposed building will consist of neutral colors, grey, charcoal, and beige, with a red like mortar (primary color) brick. The design is consistent with existing adjacent development. • All buildings should be constructed of high- quality materials, including the following: Brick, Natural Stone, Stucco Precast concrete units and concrete block, provided that surfaces are molded, serrated or treated with a textured material in order to give the wall surface a three dimensional character. Jumbo brick may be used on up to 30 percent of any fagade, provided that it is used only on the lower third of the building wall. The proposal meets this guideline. The building will be constructed with mortar brick, fiber cement lap siding, flush metal panels surrounding the windows, and a rock face block base. • Architectural details such as ornamental cornices, arched windows and warm -toned brick with bands of contrasting color are encouraged in new construction. The proposal generally meets the intent of this guideline. • Parking areas adjacent to public streets or sidewalks shall be screened with a combination of landscape material and decorative fencing or walls sufficient to screen parked cars on a year -round basis while providing adequate visibility for pedestrians. The proposed landscape plan includes a variety of trees and shrubs to be planted around the perimeter of the site, which should provide adequate screening. SITE PLAN The Site Plan was included in the agenda packet and was available for review to the public. FINDINGS OF FACT Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a Site Plan. They are as follows: a. The Site Plan conforms to all applicable requirements of this article. The amended site plan does not meet one of the applicable requirements of the Zoning Code, as the proposal shows a 20' wide drive aisle rather than a 24' drive as required. The Fire Department believes this width will suffice for emergency vehicles, providing that the road along the east side of the building going north and south is connected to Grandview Way N. In an effort to reduce hard surface on the site, staff supports the drive aisle width reduction. 140 P & Z Minutes Page 5 Oct 3, 2017 b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. Staff believes the proposed Site Plan for the property is consistent with the intent of the Comprehensive Plan. The proposal for additional housing on a high frequency transit service route along the Central Avenue corridor, meets the City's goal to encourage more trips via non - motorized modes of travel (pedestrian, biking etc.) and less by automobile. Additionally, the proposal meets the City's goal to incorporate housing in Mixed Use Developments that is affordable at 60% of the area median income, specifically targeting higher density developments that provide workforce housing. C. The Site Plan is consistent with any applicable area plan. There is no area plan for this parcel. d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right - of -way. The amendedplan is within the parameters of the City's Ordinance, should the City Council grant the increase in density and decrease in parking. The Fire Department has stated that the 20 ft. drive aisle will since for emergency vehicles. Therefore, it appears that the amended plan minimizes any adverse impacts on property in the immediate vicinity and public right -of -way. CONCLUSION Holmbeck explained that if the City Council were to grant the exception it would mean that the proposed development could have 30 units per acre. Parking requirements are determined by the number of bedrooms per unit and based on the proposed unit count (61) one bedroom, (45) two bedroom, and (42) three bedroom, the proposal would be required to have 164 enclosed parking stalls. The amended plan has 222 parking stalls total divided between surface (88 parking stalls) and underground (134 parking stalls). The applicant has stated that due to easement constraints on the property, it cannot expand the underground parking, and has instead chosen to reduce the surface parking stalls which reduces the visual impact and increases green space. In addition, the applicant has added pedestrian and bicyclist amenities to the amended site plan and argues that the development is designed to encourage pedestrian and bicycle use. There will be enclosed bike parking included in every parking stall as well as at the entrance to each parking garage, and bike racks on the exterior of each building. Also, each parking garage will have a bike repair stand with basic tools for repairing bicycles. Finally, the buildings will contain amenities such as clubrooms, a fitness facility, outdoor play areas, grilling stations, and a dog run. With the reduction of the surface parking, and increased pedestrian and bicyclist's amenities, allowing for the added 30 surface parking rather than underground parking appears to be a reasonable request. In regards to the remaining waiver request for the 20 ft. drive aisle, according to the City's Fire Chief, the minimum drive aisle is 20 ft. by the Fire Code. The Fire Department believes that the 20 ft. drive aisle will be sufficient, providing the road that runs north and south on the east side of the development is connected for emergency vehicles. Certain neighbors have expressed concern over the increase in traffic driving through the private roads to the north. The proposal now includes a discrete road connecting to Grandview Way N., which will be landscaped and have a break away chain, to allow for emergency access only. Holmbeck said the Fire Chief may require this to be paved instead of landscaped, and the developer has stated they will do whatever is required by the Chief. 141 P & Z Minutes Page 6 Oct 3, 2017 Staff recommends that the Planning and Zoning Commission recommend approval of the proposed development for the properties located at 1069 Grandview Way and 4729 Grand Avenue subject to certain conditions of approval: 1. Stop signs will be added at the development driveway exit(s). 2. The attached Landscape Plan indicates a number of landscaping improvements to the site. All landscaping indicated on the submitted landscape plan dated September 29th, 2017, will be installed no later than 4 months after the buildings are operational, or from such time a Certificate of Occupancy is issued. 3. The monument sign at the corner of 47th Avenue and Grand Avenue, along with the proposed sculpture, will require a sign permit and be approved by the City's Communication Committee. The monument sign and the sculpture must be installed no later than 4 months after the buildings are operational, or from such time a Certificate of Occupancy is issued. 4. The building and site shall meet all requirements found in the Fire Code and the Building Code. 5. The applicant will meet the requirements outlined in the attached Review Form from the Fire Chief. 6. The applicant will meet the requirements outlined in the attached Review Form and memo dated August 30th, 2017, from the Director of Public Works /City Engineer. 7. Trash and/or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 8. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. 9. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan for review by the Building Official, prior to construction. 10. All City Storm Water Management requirements, as well as Mississippi Water Management Organization (MWMO) plan requirements, shall be achieved for this property. 11. The applicant will provide space for snow removal on its own property. 12. The applicant will enter in to a Development Agreement with the City of Columbia Heights, which will govern construction methods and timing, as well as the establishment of public and quasi - public infrastructure. The Development Agreement must be approved by the City of Columbia Heights before construction can commence. 13. Access on the easternmost north/south private drive shall be restricted to emergency vehicles only. 14. Site and elevation plans included in this submittal, dated September 29th, 2017 shall become part of this approval. 15. All other applicable local, state, and federal requirements shall be met at all times. Questions from Members: Fiorendino clarified the process of the request before them. He stated that the Commission must determine whether this meets our Zoning Code and Comprehensive Plan requirements. Then the Commission makes a recommendation based on that to the City Council who ultimately makes the decision on whether to approve the proposed Site Plan. 142 P & Z Minutes Page 7 Oct 3, 2017 Hoium questioned how the number of parking spaces was determined and why they reduced parking even more since that was one of the issues discussed at last month's meeting. Holmbeck stated that they still exceed the number of parking spaces required (134 stalls underground and 88 surface spaces, totaling 222 parking spaces). The code requires that at least 50% of the spaces be provided underground and this plan meets that requirement. The amended plan reduced the number of surface parking in order to meet the ratio and was accomplished by reducing the plan by 25 units. Owen Metz from Dominium stated that this is a Transit Oriented Site and based on other projects they have, they feel this is more than adequate. Tenants they draw use a combination of cars, public transportation, bikes, and walking to get around. They tend to have fewer cars per unit than suburbia homeowners due to income levels and lifestyle choices. The amended plan also provides wall mounted bike racks in the underground parking garage, as well as bike racks in various places for residents to use, which also encourages alternative means of transportation. Fiorendino asked if the Fire Chief had approved the 20 foot drive aisles. Holmbeck stated that he had approved that width, as it is used throughout the existing development there now, but that he would require the developer to pave the access road on the east side instead of the landscaped discrete road mentioned in the plan. Novitsky questioned how the density ratio was determined. Hohnbeck said that was detailed in the narrative provided by the developer and that if Novitsky had further questions they should be directed to the applicant. Public Hearing_ Opened: Owen Metz from Dominium was present to answer more questions Schill noted that Dominium held several meetings with neighbors of this proposed development, and he asked Metz how many of the changes were made to meet the code and how many were to accommodate the neighbors. Metz stated they made changes for both reasons. They would have liked to have had more density, but adjusted the number of units to meet the code requirements. Hoium asked why they reduced the number of parking spaces. Metz stated that they reduced the number of units and therefore could also reduce the number of required parking spaces. This enabled them to add more green space for the project. By providing 222 parking spaces they have exceeded the requirement, and have also exceeded what they normally plan for this sized development by 15 spaces. Metz stated they do require residents to have permits (stickers) to use the surface parking spaces. Szurek asked if the parking ratio was similar to other projects they own. Metz stated they are "over providing" parking compared to other projects so they are very comfortable with the numbers. Szurek asked if residents would be charged more for the underground spaces and he said they would be, but they are generally taken by the residents. She asked how many other projects they have where this ratio has worked. He told them of three others in the metro area that are very similar. He said they are basing it on the highest need possible and that he thinks the demand will actually go down over time due to lifestyle changes and transportation trends. Fiorendino asked Metz about the road modification that the Fire Chief wants in relation to the access road to the east. Metz said they will do whatever is required by the Fire Chief. If he wants a paved road rather than a landscaped access with a break away chain, they will accommodate that. Who will be responsible for plowing the roads including keeping the access road open. Metz said Dominium would be the responsible party. 143 P & Z Minutes Page 8 Oct 3, 2017 Hoium asked if the Police Dept is ok with this plan and the access on site. Hohnbeck stated that the Building Official, Fire Chief, Public Works, and Community Development staff are the ones who review plans. The Police Dept. is not typically included in the process. Szurek asked if there is room for snow storage on site. Metz said there should be enough green space to handle the snow, but if needed they will haul off site. Metz thanked staff and the Commission for their comments to guide the revisions to their plan. He briefly reviewed and compared the new plan to the original site plan from 2004. Basically it amounts to 1 more unit /acre than the original plan. Residents now got up and spoke. Metz responded to these comments later in the meeting_ Tom Kurak, 1070 Grandview #406 said the 15 acres mentioned in the site plan included the commercial piece and they are adding more than 15 units from the original condo plan. The condo building provided one underground parking space per BR, why can't they. He doesn't want the Commission to grant any variances from what was originally planned which was two more condo buildings that would have a master HOA to provide amenities to the entire development. He said the HOA found a developer that has offered to buy the site from Dominium to build condo buildings now, so Dominium will not lose anything. Warren Danger, 1070 Grandview #112 noted there was 30% less parking in the amended plan and the requirement to pay for underground parking will cause more people to use the surface parking. He is concerned about where they will put snow. The condo owners pay to have snow removed. He wants to know if the condo owners will be responsible for street maintenance and snow removal costs or if the apartments will share in those expenses. He said this issue has not been addressed in any of the discussions. Danger was also concerned with increased traffic on Grand Avenue between 47th and 491h Ave and that it is extremely busy in the morning and evening rush hour, and with the addition of two more buildings, this will increase. John Bush, 1070 Grandview #203, said he understands times change. He questioned whether the density was figured on buildable acreage or total acreage. He didn't feel the retaining wall and roads should be included in the base size. He thought additional parking should be provided for guests and should be based on the highest possible time of need such as Holidays, etc. He believes with Minnesota winters more people will have cars and require parking then Dominium thinks. He asked if non - residents would be able to rent underground garage space. Bush said it seems the residents are fighting their own city where they pay their taxes to and that they don't really have any voice. Roger Johnson, 1070 Grandview, wanted to know if the Fire Chief thinks he can get his trucks through the development if there is snow piled up. Elizabeth Herrmmann, 950 39th Ave #6, welcomes the proposal. The site has been vacant for 14 years. She is now a renter and is a huge advocate of public transportation. She said the site has good bus service within one block. She said she thinks the condo neighbors are just used to not having neighbors. The waivers for the road width are the same as they presently have for the rest of the existing development, so that shouldn't be an issue. Herrmmann went on to say that it's true that this proposal does add density, but so would two condo buildings, and with that, they would face the same parking and traffic concerns. And, the condo residents shouldn't be so quick to judge having rental nearby, when many of the units in the condo building are being rented out. 144 P & Z Minutes Page 9 Oct 3, 2017 Dennis Shelstad, 1070 Grandview, there's only one way in or out of development and by adding more units, traffic will be worse. Because of surface parking now, only one lane of traffic can maneuver the streets as it is. He said the Condo HOA has to pay all the expenses now and owners were hoping that new condo building owners would eventually help contribute to maintaining the development. Many of the condo owners invested there based on that promise, so he would like to see the Commission reject the proposal. Tom Kurak, #406, told members that extra parking for guests of the condo building is handled by using the Community Center parking lot. He would rather have two new condo buildings added so they could share the expenses of the Community Center and maintenance as stated above by others who have spoken. Tom Kurak said that the current owner Dave Klober sold to who he could get the most money from. He asked the Commission to deny the application and to let the HOA find a developer who will build condo buildings. Tony Bodway, 1070 Grandview #318 asked the Commission not to grant the variances. He said rules are in place for a reason. He stated the Condo building has adequate underground parking, but when they clean the garage there is not enough surface parking and this will make it more difficult. He noted that if sticker /permits are required to park around the apartment buildings, then guests will use the condo surface parking because they won't have a sticker. He told members that whatever is built they should stick to the original number of units and underground parking according to the original plan that was approved. Brenda Ziemet, 4225 6th St. loves Columbia Heights. She said Millenials are finding it attractive. She believes public transportation is becoming more popular and more "green ". She said the City needs to look at what we are becoming, and not hold on to the past and what was. She said they shouldn't vote no, out of fear of change. It should be embraced. Mary Granlund, 949 44th Ave is aware of traffic problems on 49th Avenue. She said the City, County, and School District are working together on this. She is a social worker and works with people who would love an upscale apartment like this. People her age want this type of housing. This is a needed product for people who work, still don't make enough money to come up with a down payment for a house due to student loans, or have decided they don't want to own and maintain a home of their own. They want to be a part of a community, even if it is as renter. For many it is a lifestyle choice. Commission members sought clarification from the Planner and City Attorney on the reference to the term "variance" being used by many of those who spoke thus far. Szurek asked if the width of the roads was the only waiver /variance the Commission was to consider. She was under the impression that all other requirements have been met. Holmbeck said the only waiver being considered is the width of the drive aisles. The other two waivers have been met after reductions were made according to the Zoning Code language. City Attorney Hoeft clarified that no variances were being requested at this time. The waiver for the road width can only be approved by the City Council based on the recommendation of the Planning & Zoning Commission. The Planning & Zoning Commission bases their decision on the review and approval from City Staff, and in this case, the Fire Chief has approved the width. He reiterated that the density and parking issues are not under consideration by this Board as they meet the parameters of our code. 145 Page 10 Kathy Ahlers, 4010 Hayes St, asked if staff had any data on how many young people would prefer ownership of a condo unit versus renting an apartment. She said maybe it's possible that they would rather build equity in a condo than to pay rent. She said the ones benefitting in these projects are the developers who obtain tax credits so they can get financial assistance in building these low to moderate income projects. Then they get to manage them for years and reap the profits as the properties then continue to increase in value. She thought this issue should be studied and that the City shouldn't rush into this necessarily. Pat Kennedy, 1070 Grandview, #409, recently moved into her condo unit. She was under the impression that Columbia Heights had more rental than they wished and that it was having a problem getting residents to actually invest in their own home. She said she is against the project for this reason. Kennedy said people can't live without a car in Minnesota. Public transportation is ok depending on where you are going. She told members that if underground parking is a requirement of the city code that people shouldn't have to pay extra for that space. John Bush, #203, said if the City is looking for more affordable housing, then they should hold out for the condo buildings. He said it is more affordable to own a condo unit than to rent one of the proposed apartments. Szurek stated that the City has not seen any plans from any developer wanting to build condo buildings on this site since the original one went up in 2004. She went on to say that some people prefer to rent these days rather than being a homeowner and that the City of Columbia Heights lacks any newer, more modern apartment options. Szurek said that all she can do is decide if the requirements of the Zoning Code and Comprehensive Plan are met. She said the recommendation will be sent to the City Council for consideration at the meeting October 9, 2017. Owen Metz responded to some of the statements made. *They will do a traffic study to ensure traffic is able to flow within the development. *He reiterated that this is only 15 more units than originally approved in 2004. *There is a balance of surface and underground parking that meet code. *This development is close to schools and bussing will not be required. *Majority of those opposed to this are the condo owners. And traffic and parking would be similar whether it is condo buildings or apartment buildings. *Dominium has not received an offer to purchase this site. No one has contacted them as stated. *The building will be fully sprinkled and fire trucks will be able to access both buildings. *They have addressed parking, guest parking, surface parking and are providing more than the condo buildings. *They cannot expand the underground parking spaces due to easement restrictions and building placement due to the easements in place. *There is a bus stop 200 feet out the front of the site. *The apartment units are larger than other market rate apartments in the metro area. *This site was released by the association and no matter what is built, they do not have to belong to the existing HOA. *Workforce housing is needed throughout the metro area. Rents are not raised based on wages, but on the average income of the area. *This plan meets the Comprehensive Plan and is very similar to the original plan from 14 years ago. *Dominium said they are willing to work with the HOA and share expenses for roads and retaining wall contrary to what has been said by Board members. *Underground garage spaces are generally taken by renters and make the apartments more marketable. If a huge excess of spaces were available, Metz said they possibly could be rented out legally to non - residents, but it is highly unlikely. 146 P & Z Minutes Page 11 Oct 3, 2017 Motion by Fiorendino, seconded by Hoium to waive the reading of Resolution 2017 -0109 there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Fiorendino, seconded by Schill, to recommend approval of the proposed Site Plan for the properties located at 1069 Grandview Way and 4729 Grand Avenue subject to the following conditions: 1. Stop signs will be added at the development driveway exit(s). 2. The attached Landscape Plan indicates a number of landscaping improvements to the site. All landscaping indicated on the submitted landscape plan dated September 29th, 2017, will be installed no later than 4 months after the buildings are operational, or from such time a Certificate of Occupancy is issued. 3. The monument sign at the corner of 47t" Avenue and Grand Avenue, along with the proposed sculpture, will require a sign permit and be approved by the City's Communication Committee. The monument sign and the sculpture must be installed no later than 4 months after the buildings are operational, or from such time a Certificate of Occupancy is issued. 4. The building and site shall meet all requirements found in the Fire Code and the Building Code. S. The applicant will meet the requirements outlined in the attached Review Form from the Fire Chief. 6 The applicant will meet the requirements outlined in the attached Review Form and memo dated August 30t1i, 2017, from the Director of Public Works /City Engineer. 7. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 8. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. 9. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan for review by the Building Official, prior to construction. 10. All City Storm Water Management requirements, as well as Mississippi Water Management Organization (MWMO) plan requirements, shall be achieved for this property. 11. The applicant will provide space for snow removal on its own property. 12. The applicant will enter in to a Development Agreement with the City of Columbia Heights, which will govern construction methods and timing, as well as the establishment of public and quasi public infrastructure. The Development Agreement must be approved by the City of Columbia Heights before construction can commence. 13. Access on the easternmost north /south private drive shall be restricted to emergency vehicles only. 14. Site and elevation plans included in this submittal, dated September 29t", 2017 shall become part of this approval. 15. All other applicable local, state, and federal requirements shall be met at all times. Roll Call: All ayes. MOTIONPASSED. This will go to the City Council at the meeting of October 9, 2017. 147 P & Z Minutes Page 12 Oct 3, 2017 OTHER BUSINESS There was no other new business. The meeting was adjourned at 9:05 pm. Respectfully submitted, Shelley Hanson Secretary 148 #t, 1069 Grandview /4729 Grand Ave :. I .a� a ;iW ;F-A er .err er ..' 33 II- ,. V ACiml Ptmla. Flm Sprng cf:.6S4 149 w it O tlTnosoam p T— *C Awm O rahaMi. e P btalar.n � � h markgl rya .& P dl8en Wdiav Ih travel pad,. mrmftu- TressswpxA.a s ' E/ETaDGr —L- T—P a<an� e L 2 nibs 150 HIGH FREQUENCY PROMISE Colored lines show where High Frequency service Is available. ® Service every 15 minutes (or better) All of Route 54, A Line and METRO Blue Line and Green Line HIGH Weekdays: 6 a.m. to 7 p.m. offer High Frequency service. Frequency Saturdays: 9 a.m. to 6 p.m. Service on Mesa routes -2, 5, 6, 10, 11, 18, 19, 21, 64 and 515 — continues outside Me areas shown, but operates less frequently. For details, ��(�.,„T ©1V1ll.l see specific route schedules, visit metrotransit.org or call 612- 373 -3333. U 1 G riS,+ a erue exuowi� cart SIaAw tp, T„nwC v� EE !1 P P' Downtown �' �'' hlinneapoMs � 7° 0 r k w it O tlTnosoam p T— *C Awm O rahaMi. e P btalar.n � � h markgl rya .& P dl8en Wdiav Ih travel pad,. mrmftu- TressswpxA.a s ' E/ETaDGr —L- T—P a<an� e L 2 nibs 150 CITY OF COLUMBIA HEIGHTS Public Works Department TO: ELIZABETH HOLMBECK CITY PLANNER FROM: KEVIN HANSEN PUBLIC WORKS DIRECTOR /CITY ENGINEER DATE: August 30, 2017 SUBJECT: 47th and Grand Avenue Residential Development Proposal I have reviewed the final plan submittal packet dated 8/2/2017, and have the following requirements /comments for final approval by PW Engineering: General / Plat • The City shall require a pre- construction conference prior to any land alteration activities beginning. • Comments herein are based on preliminary plans. Additional comments /requirements may occur from the final plan set. Grading • Please provide the City with a copy of Site NPDES Construction Permit. • Perimeter and entrance erosion control measures shall be installed and inspected by the Engineering department prior to site grading activities beginning. Coordinate erosion control measures with the Engineering department if building construction is initiated prior general site grading. • Site access during construction shall be limited to 47th Avenue. • All slopes greater than 4:1 shall be provided erosion control blanket. • Catch basin inlet protection, such as Wimco's or equivalent shall be provided on catch basins until restoration is completed. The low point CB's immediately adjacent to the Development (47th and Grand) shall also be protected. ROW / Utilities • All utilities serving the Development shall be privately owned and maintained. The maintenance of the storm sewer BMP's shall be defined in a separate planning document and will require an easement. • All utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. • Site /Civil work shall be inspected by the City Engineering Department (connection to existing utility system). 24 -hour advance notice of an inspection is required. 151 • The Storm Water Plan generally meets the requirements of the City. • Please clarify if any of the existing utilities (from the original GCL Development) will be abandoned. • Provide and record an easement over the storm water BMP's in the parking lot. • Any retaining wall over 4 feet in heights must be provided on plans signed and submitted by a registered engineer in the State of MN. • Adjust any City utilities to proposed development grades. • Please add 'stop' signs at the development driveway exit(s). • Provide a set of as -built drawings meeting City requirements at the completion of site /civil construction in both hardcopy and electronic (pdf) format. • All stormwater best management practices (BMP's) need to be placed in designated drainage and utility easements. • We continue to be opposed to the street parking shown on Grand Ave. Please provide one full size and one 11x17 set of Civil Plans to the Engineering department prior to construction. If you have any questions or need further information, please contact me at (763) 706 -3705. Kathy Young, Assistant City Engineer Lauren Letsche, Storm Water Specialist KH:kh G: \Users \Public Works \plan reviews \2017 \47`h —Grand Avenue Residential Development.doc 152 CH COLUMBIA -HEIGHTS - REDISCOVER THE HEIGHTS DEVELOPMENT STAFF REVIEW FORM PROJECT TITLE: Dominium Apartment Proposal ADDRESS: 1069 Grandview Court, NE Columbia Heights, MN 55421 PROJECT DESCRIPTION: Dominium Development Company is seeking Site Plan approval for the construction of two apartment buildings, to be built at 1069 Grandview Court. The apartment buildings would feature a mix of one -, two -, and three- bedroom units. In total, 173 units are proposed. The housing would not be age /senior restricted, and would therefore feature amenities, such as playgrounds, that would appeal to families. The total site consists of 4.05 acres. PUBLIC MEETING SCHEDULE: EDA: P /Z: Work Session: City Council: PROJECT MANAGER: NA September 6, 2017 NA September 11, 2017 Elizabeth Holmbeck STAFF REVIEW FORM DUE: August 25, 2017 REVIEWER: Gary Gorman - Fire Dept. RECOMMENDED FOR APPROVAL: _Yes X Yes, with conditions No COMMENTS/ CONDITIONS: Fire Department has some concerns with the parking lot on the south and east side of the south building. It is a long dead end. Having to back a pumper out of that and around a corner and down the length of the south side parking lot is not an ideal situation and doesn't meet the fire code. Option would be to connect drive lane on east side to existing drive lane of condominium building. Could be gated and locked if they do not want traffic moving through that section. 153 b �HEIGHHIR -HEIGHTS - REDISCOVER THE HEIGHTS COMMUNITY DEVELOPMENT DEPARTMENT DATE: September 28, 2017 TO: Elizabeth Holmbeck, City Planner; and Members of the Planning & Zoning Commission in and of Columbia Heights FROM: Keith M. Dahl, Economic Development Manager RE: Request for General Information about Public Financial Assistance for the Proposed Development of Dominium This memo is in regards to the request of the Community Development Director to provide the Planning & Zoning Commission with general information about the public financial assistance that has been approved by the Columbia Heights Economic Development Authority (the "EDA ") and the City of Columbia Heights (the "City ") for the proposed development located at 1069 Grandview Court NE and 4729 Grand Avenue NE, Columbia Heights, MN 55421 ( "Proposed Development "), more specifically an overview of tax increment financing (commonly referred to as "TIF ") and tax - exempt conduit revenue bonds (commonly referred to as "Tax- Exempt Bonds "). TIF is a public financial assistance method used by many cities to promote development. It uses a portion of future tax revenue from the development to offset qualified costs for the development. TIF is essentially an extended rebate program from which encourages development that would have not otherwise occurred within the foreseeable future. When a TIF district is created, the current value of all taxable property is frozen at its current market value. Over the period of the TIF district, the County, City and School District will still collect taxes from that frozen market value, but not from the increased property value after development. The taxes from the increased property value after development is how financial assistance is able to be provided in the form of TIF. For instance, the EDA approved TIF assistance in the amount of $1,428,000 for the Proposed Development. The current taxes generated from the vacant property are $9,513. After the Proposed Development is completed, the projected taxes will generate $151,375. The difference between the projected taxes and the current taxes is how the EDA will provide financial assistance until one of two things has been satisfied: either $1,428,000 has been paid or 12 years of time has elapsed, whichever is sooner. Please note that the figures represented above reflect the original proposal submitted by Dominium with a unit count of 173. The amount of TIF assistance will be reduced by the EDA to reflect the reduction in density of the current proposal with a unit count of 148. 201'70928—Public—Financial—Assistance Memo 154 September 28, 2017 Page 2 Whereas, Tax - Exempt Bonds on the other hand are a form of public financial assistance requested by developers to obtain a lower interest rate compared to a traditionally sourced first mortgage. In accordance to the provisions of state statutes, cities are authorized to develop and administer a housing program to provide for the financing of new construction or the acquisition and rehabilitation of an existing building and site for the purpose of providing a multi - family housing development. Furthermore, state statutes also provide that such programs for multi - family housing developments may be financed by Tax - Exempt Bonds through cities. Therefore, Dominium requested that the City finance the Proposed Development with the issuance of Tax - Exempt Bonds, in one or more series, in a principal amount not to exceed $45,000,000. Bonds of this type are not an obligation of the City or its taxpayers, but rather an obligation of the developer. Thus, only project revenues of the developer, such as rent collected after the completion of the development, are pledged for repayment of the Tax - Exempt Bonds. On August 7, 2017, Minnesota Department of Management and Budget (the "MMB ") allocated Tax - Exempt Bonds to the Proposed Development in the amount of $20,060,719. Please note that the City received the Certificate of Allocation, however has not issued the Tax - Exempt Bonds on the behalf of Dominium yet. If the City does approve the issuance of the Tax - Exempt Bonds, the City will require reimbursement of all the costs associated to the issuance itself, as well as for Dominium to pay an issuance fee in the amount of one percent (1 %) of the principal amount issued. In the case, the City would collect an issuance fee of $200,607.19. In conclusion, the public financial assistance methods, as described above, have been approved by the EDA and City respectively to stimulate the Proposed Development. Both of these financial assistance methods were reviewed and approved based on the financial considerations that will directly benefit the entire City rather than the applicable land use & zoning regulations that safeguard the neighboring residents of the Proposed Development. Therefore, as Planning & Zoning Commission Members, you are presented with the task to strictly review and consider the Proposed Development based on its conformity to the land use & zoning regulations. If any members of the Planning & Zoning Commission have any further questions or comments, please reach out to me directly at (763) 706 -3674 or KDahl @columbiaheightsmn.gov. 155 47th & Grand Apartments Supplemental Narrative for the Proposed Development On August 7t", Dominium Development & Acquisitions, LLC, the "Applicant," submitted a Narrative proposing to build a 173 multifamily apartment community on the site located at the corner of Grand Avenue and 47" Avenue. On September 6', the Planning and Zoning Commission tabled the proposal to allow the applicant to resubmit. This supplemental narrative is to provide an update on the Applicant's revised proposal following the Planning and Zoning Commission meeting. The Applicant has taken in to account the request of the Commissioners and public to reduce the overall density while also increasing the underground parking ratio. Original Proposal (Submitted to City on August 7t') The original proposal submitted was for a multifamily development consisting of two four -story buildings. The proposed development consisted of 173 affordable apartment homes with a mix of one, two, and three bedrooms with the below rents and mix: Unit Type Rent # of Units One - bedroom, one bath $939 65 Two - bedroom, two bath $1126 72 Three - bedroom, two bath $1297 36 As originally submitted the total underground parking spots would be 134 stalls, with another 135 on the surface for a total of 269. Zoned as "Transit Oriented Mixed Use," the proposed development requested waivers to increase the unit density above 30 units per acre as well as reduce the underground parking stall requirements in order to promote the site as transit oriented and encourage other forms of transportation. The Planning and Zoning commission decided to table the proposal after listening to comments from both those for and against the proposed development. Their decision was based on hopes that the Applicant will return with a revised site plan that addresses the concerns over density and parking. 156 Revised Proposal The Applicant listened and understood both the Planning and Zoning Commission's comments, as well as the neighbors' concerns. They have worked diligently to address these concerns with their updated submission. Based on this feedback, they revisited their site plan and created a new proposal that meets the City's Zoning Ordinances and Comprehensive Plan. This is detailed with requests with respect to the following: 1. Density 2. Parking 3. Drive Aisles Densi The original submission consisted of 173 multi- family units which resulted in a density at 34.9 units per acre. Following the Planning and Zoning Commission meeting, the Applicant has revised their total unit count to be 148 units consisting o£ Unit Type Rent # of Units One - bedroom, one bath $939 61 Two - bedroom, two bath $1126 45 Three - bedroom, two bath $1297 42 Total 148 As described in more detail in the attached letter from Larkin Hoffman, Appendix A, the development is meeting the requirements of the Comprehensive Plan ( "Comp Plan "), which the Zoning Ordinance is supposed to reflect. The former K- Mart site is guided under the Comp Plan to be designated as Transit Oriented Development ( "TOD "), which is not subject to a maximum density. Further, the entire 15 -acre redevelopment of the former K -Mart was approved in 2003 with an average density of 14.69 units per acre, which included two multifamily buildings in the same approximate locations and layouts as they are proposing. As described in more detail in the attached letter from Larkin Hoffman, the overall density on the site has only increased to 15.6 units, which is under the 20 unit per acre requirement that would eliminate the need for either a Density Bonus or Waiver. Further, at 148 units, the site is at 29.96 units per acre. While Zoning Ordinance §9.112(E)(2) Performance Standards states that the maximum residential density allowed is 20 units per acre, this may be increased up to 30 units per acre at the "sole discretion of the City Council" if the project meets at least one of the list of 157 criteria from the Performance Standards. The proposed development meets two of the Performance Standards even though only one is required to be met: Performance Standard of §9.112(E)(2)(D) states "At least 50% of the building ground coverage is concentrated in structures four or more stories in height, thereby conserving open space within the mixed -use development area." The amended proposed development will consist of two buildings: one three -story building with 60 units, and one four -story building with 88 units. Given that a least 50% of the "building ground coverage" needs to be in structures of four or more stories, this project will satisfy this requirement as more than 50% of the building ground coverage will be in a four -story building meeting Performance Standard §9.112(E)(2)(D). Performance Standard of §9.112(E)(2)(A) states "at least 50% of the required parking is provided by underground parking or parking in ramps. The project will meet Performance Standard §9.112(E)(2)(A) as the project will provide 134 underground parking stalls. The total required aggregate parking count required for the amended project is 235 stalls, with the possibility to be reduced to as few as 165 stalls should the City Council approve a 30% reduction in parking requirements. The amended site plan proposes 134 underground parking stalls, which is 57% of the required 235 parking spaces. As a result of meeting both §9.112(E)(2)(A) and §9.112(E)(2)(D), the Applicant is requesting approval to increase the maximum allowable density to 148 units. There is policy for the Zoning & Planning Commission and City Council to support and grant these waivers and, given the transit friendly nature of the site, the proposed development is appropriate. The Applicant is requesting this approval to increase the unit density and accomplish both City and neighborhood goals. Currently, there are no new, luxury quality, affordable rental housing options offered in Columbia Heights and none with immediate access to high frequency public transportation and walkable access to elementary, middle and high school. As such, there is a strong need for transit oriented affordable housing in the city of Columbia Heights. As stated in the 2030 Comprehensive Plan, the City has a housing goal to "Provide a variety of life cycle housing opportunities within the community." One of the implementation strategies for this is to produce housing options at 60% of the area median income as well has identifying higher density redevelopments with a percentage of units targeted for workforce housing (Chapter 3). This is consistent with the fact that the Met Council, in its 2011 -2020 Allocation of Affordable Housing Need report, is proposing 231 units of affordable housing for the city of 158 Columbia Heights. The proposed development will help to meet 148 (64 %) of this 231 unit goal with this project alone. Additionally, the project is located in the Heritage Heights neighborhood, which has a housing goal of adding higher density pedestrian and bike friendly housing. By implementing sidewalks throughout the site and connections to streets and transit shelters, the proposed development will help the neighborhood meet this goal. As such, the project is requesting the waiver so that they can help both the City and the Heritage Heights neighborhood meet their goals of implementing transit oriented, higher density housing that will be affordable at 60% area median income. Because of these goals and the need for transit - oriented housing, the Applicant believe 148 units is the proper amount that can be built and supported by this site. Finally, as stated above the Comp Plan does not limit density for TOD sites like this and 30 units per acre is appropriate and reasonable for this TOD friendly location that has been vacant for over 15- years. Parking As mentioned in the attached letter from Larkin Hoffman, the Applicant does not believe the proposed development would require a waiver for the planned enclosed parking. However, if City staff and counsel determine that a waiver is needed their amended proposed transit - friendly TOD development warrants a reduction in the overall required parking stalls. The Zoning Ordinance would require the development to have 235 underground parking stalls before any allowed reductions. This equates to 1.59 underground parking stalls for each apartment unit. The Applicant's previous submission had 173 units and provided 134 underground parking stalls, or 0.77 stalls per unit, plus 135 surface stalls, for a total of 269 parking stalls. The amended submission includes 148 units and will provide 134 underground parking stalls, or 0.91 stalls per unit. The Applicant is also proposing to include 88 surface parking stalls, a reduction of 35% or 47 surface stalls. This has resulted in a significant increase in green space while reducing the overall density by roughly 15% while increasing the provided underground parking. In total, the development would provide 1.5 parking stalls for each apartment unit, which based on the Applicant's market research and experience is appropriate for an affordable apartment building with such great access to transit. Based on the above summary the Applicant is requesting two things. First, a 30% reduction in the underground parking requirements to 165 required stalls. Second, a waiver to allow 30 of the underground parking spots to be provided with surface 159 parking stalls. The proposed design of the site will encourage people to utilize both underground and surface parking; in particular the vast majority of the 1 st floor units will provide walk -up access, which will make the surface parking just outside their door extremely valuable. While the City requires at least one underground spot for every one bedroom, and two spots for every two and three bedroom, Zoning Ordinance §9.112(E)(5) states that "cumulative parking requirements may be reduced by up to 30% of required spaces at the sole discretion of the Council" if the project meets at least one of four requirements. This project meets the following requirements: Performance Standard of §9.112(E)(5)(D): "Superior pedestrian, bicycle, and /or transit access" 2. Performance Standard of §9.112(E)(5)(B): "Proof of parking" The current zoning of the proposed site is Transit Oriented Mixed Use Zoning, which is consistent with the Comp Plan guidance. This is demonstrated by the fact that the site is located two hundred feet away from a high frequency bus stop as well as two regular bus lines, not to mention a planned Bus Rapid Transit improvement. The proposed project will provide sidewalks around the entire site, as well as pedestrian crosswalks and curb bump outs so that pedestrians are able to access the bus stops and nearby schools safely. Further, the Applicant's management staff will be marketing to families and individuals who are seeking transit and the ability to not own a car due to bus access. The ability to live in a location that is walkable is extremely attractive to people choosing Columbia Heights and, given the bus access and ability to walk to elementary, middle, and high school will attract many residents. Finally, the affordability of the apartment will be even greater since residents can forego owning a vehicle. Additionally, the project will also provide ample underground and surface bicycle parking as well as a bicycle repair station. Given the convenient access for bicycles, the project will encourage residents to use bicycles by providing these free amenities. The bicycle repair station will include bike pumps as well as several tools for recreational bikers to use. The Applicant is able to provide proof of parking supporting its belief that 235 total parking spots is not required and that it does not need 100% of the parking spots to in a garage. The Applicant, Dominium Development & Acquisitions, LLC, is a prominent national housing developer based in the Twin Cities with over 7,000 apartment units in the metropolitan area. As such, they are confident the proposed parking and development will be successful and they are able to provide concrete 160 evidence as to why the Applicant is requesting a 30% reduction in the total parking counts and 30 -stall waiver for the required underground parking. Attached as Appendix B is a parking study conducted of 10 family apartment complexes, totaling 1044 units in which supports the belief that 134 underground parking spots is sufficient. As shown on the study, the average cars per adult is .45. As show in Appendix C, the Applicant estimates there will be 1.36 adults per units which equates to 201 adults. With 201 total adults in the 148 units, this will result in only 91 cars. As such, the Applicant believes that 222 total parking spots is sufficient and is requesting the reduction of 30% from 235. The Applicant is also requesting that not all spots are required to be in a garage or enclosed. As shown on Appendix B, the average cars per bedroom was .479. When multiplied by the 277 bedrooms the proposed 148 units will have, this equates to 133 parking stalls. This is directly in line with the proposed 134 garage stalls and illustrates that this amount is sufficient and that adding more underground spots is not necessary. Additionally, with 88 surface spots available, there will be ample parking available. A follow up from the Planning and Zoning Meeting, and at the recommendation of City Staff, the Applicant has lowered the total surface parking amount to increase green space available on the site and address concerns of the neighbors. The owner's optimal quantity of resident and guest parking stalls are shown to maximize green space and permeable area of the site as well as to reduce the areas of asphalt and concrete and curbing in this TOD friendly site. Surface parking stalls have been removed from strategic areas to provide the most positive impact to the view of the existing condo building such that condo residents are not looking through their windows directly at new parking stalls very close by, which will be further mitigated by shrubs and trees planted to strategically screen the surface parking, which is already almost entirely screened by the buildings themselves or the large retaining walls on the south and east sides of the site. Proof of parking quantities for surface parking stalls will be provided where the green space and landscaping have been expanded to take up logical parking locations. As amended, the Applicant has eliminated 47 surface parking stalls, which have been converted to landscaping, lawns and boulevards. If the design changes, the number of potentially available surface stalls will be tracked in proof of parking. The Applicant is requesting this waiver from city parking requirements for the following reasons: 1. Request is consistent with City's Comprehensive Plan goals: The amount of parking provided at the property is consistent with the Land Use Goal outlined in the city's 2030 comprehensive plan of providing "convenient access to mixed land 161 use developments to encourage travel via non - motorized modes and less by automobile." The parking is consistent with this goal because while the project will have less parking the residents will still be able to access everyday goods and services via walking paths in the immediate vicinity and will have mobility to the surrounding area via the bus route located close to the site. The site is also being designed to encourage bike use and access, including ample bike parking and storage. By designing an appropriate amount of parking, they will be able to attract residents who want to forego owning a car and encourage those who own one to give them up. 2. Request is consistent City's vision For Heritage Heights Neighborhood: By receiving the waiver, the site is able to promote its transit - oriented status. Alternatively, as required having 235 covered parking stalls promotes the use of vehicles as the primary mode of transportation. Approving for a reduction in the amount of parking stalls will display the City's and neighborhood's commitment to using transit service or other modes of transportation. Drive Aisles Lastly, the project is seeking a waiver to reduce the off - street parking lot drive aisles to 20 feet to match the adjacent parking drive aisles of the condominiums, townhomes, and single family homes. While the Applicant does not believe this should be a waiver request, as stated in Exhibit A, at the recommendation of City Staff they are requesting this waiver. Currently, the City requires parking lot drive aisles to be 24' wide; however, the current site plan is proposing reducing this to 20' to match existing. This request for the waiver is warranted for the following reasons: 1. Granting the waiver will keep design elements consistent with the surrounding uses 2. Granting this waiver will allow for the project to respect the existing easements held by the neighboring condominium association and master association 162 3. Granting the waiver will help the city meet its land use goal of providing convenient access to mixed land use developments to encourage more trips via non - motorized modes of transportation. 4. Granting the waiver will help the city meet its goal for the Heritage Heights neighborhood of creating pedestrian accessibility between housing and multi -use districts. 5. The Fire Department has stated that they have no issues with the driveway stalls as long as they have full circular access around the site. As shown on the site plan below, the original master condominium development called for 20' drive aisles throughout the site. This was in order to maximize building parking and green space. As part of the Applicant's site plan, they have a desire to match the condominium's drive aisles to keep it consistent throughout the site. r".t.� 163 The second reason for the waiver request is to avoid encroaching into the neighboring condominium's easements. Currently, there is an access easement with the Grand Central Lofts Condominium Association that allows the owners to have full access around the site. As shown on the site plan, the condominium and eastern apartment building will share a common driveway entrance into the underground garages. Requiring 24' drive aisles will result in residents of the apartment community encroaching on the condominium's easements in order to access the garage every day. The applicant has explored working with the neighboring associations to have these vacated easements but it is unlikely that these easements will be vacated based on these initial conversations. An approval of 2/3 of the condominium Association, Master Association and all mortgage holders of the neighboring condominium association would be needed. As stated previously, the fire department has stated that they have no issues with having 20' drive aisles as long as they can have full circular access to the site. As such, the Applicant will be installing bollards in the north side of the east parking lot which will allow for a fire truck to get complete access to the site but prevent any resident cars from getting through. There will be two bollards installed on the north side of the east parking lot with a breakaway chain installed in between the bollards. There will also be two bollards installed on the south side of the east parking lot of the adjacent condominium with a breakaway chain installed in between the bollards. In between the bollards will be Grasspave2 system that will be designed to handle the load of a fire truck to access both lots without having to turn around. In the winter this area will be plowed to keep the access open at all times. Granting the waiver will help the city meet its land use goal in the 2030 comprehensive plan of providing convenient access to mixed land use developments to encourage more trips via non - motorized modes of transportation. This is because with 20' drive aisles the property will be able to create a walking and bike path with ample green space that will be friendly to both bikers and pedestrians traveling through the site. If a waiver to 24' drive aisles were not granted the applicant would likely have to reduce the width of the walking/bike path or reduce the amount of the surrounding green space. 164 Granting the waiver will help the city meet its neighborhood goal for the Heritage Heights neighborhood of pedestrian accessibility between housing and multi -use districts. This is because the site plan as proposed contains a site plan with a walking path with ample green space and a wide pedestrian and cyclist friendly path. If the applicant were to go to 24' drive aisles, they would likely have to reduce the size of the path and reduce the green space accordingly resulting in a less pedestrian friendly area. Conclusion The Applicant believes its requests for the 50% density bonus, parking waiver, and 20' drive aisles are warranted. As summarized in the above narrative, the Code allows for the opportunity to meet both requests at the discretion of the City Council. In revisiting the site plan options since submitting the original narrative, the revised proposal meets the threshold requirements to allow City Council to grant the increase. The proposed project supports both the City and the neighborhood in meeting their respective goals outlined in the 2030 Comprehensive Plan. In doing so, the project will contribute to the future growth and continued economic investment in Columbia Heights. 165 Appendix A: Larkin Hoffman Letter 111-1.1 Larkin Hoj m.an A7 TORNEYS September 19, 2017 Larkin Hoffman 8300 Norman Center Drive suirc 1000 Minneapolis, Minnesota 55437 -1060 GENERAL: 952-835 -3800 FAX: 952 -896 -3333 WES! www.larkinhoffman.com Mr. Walter R. Fehst Ms. Elizabeth Holmbeck City Manager Director of Planning City of Columbia Heights City of Columbia Heights 590 40th Avenue NE 590 40t1i Avenue NE Columbia Heights, MN 55421 Columbia Heights, MN 55421 Re: Development Project at 1069 Grandview Way and 4729 Grand Avenue Our File #35,539 -05 Dear Mr. Fehst and Ms. Holmbeck: We represent Dominium Development & Acquisitions, LLC ( "Dominium ") regarding the proposed development ( "Project ") located at 1069 Grandview Way and 4729 Grand Avenue (together, the "Dominium Site ") in the City of Columbia Heights ( "City "). The Project initially included two multiple- family structures on the Dominium Site consisting of 173 dwelling units and 269 parking spaces, 134 of which were enclosed spaces. Along with the Site Plan Review approvals, Dominium sought waivers of certain zoning provisions, including to increase the density of the Project and to reduce the number of required parking spaces and number of enclosed spaces. Dominium has since revised the Project to reduce the proposed density of the Project and to comply with the overall aggregate parking requirement. This letter is to clarify and confirm that the waivers to density and required number of enclosed parking spaces are not necessary under the City Code, the City's Comprehensive Plan, and Minnesota law. Background The Dominium Site consists of approximately 4.94 acres located generally at the northeast corner of Central Avenue NE and 47th Avenue NE, on what is often referenced as the former Kmart and Arby's sites (together, the " Kmart Site "). The Kmart Site is an approximately 14.91 - acre site that has been redeveloped over the last 15 years. In 2003, the Kmart Site was replatted and proposed for redevelopment. Only a portion of the proposed development was constructed, including several condominiums and townhomes immediately to the north. The Dominium Site has been vacant for more than 15 years. 167 Mr. Walter Fehst and Ms. Elizabeth Holmbeck September 19, 2017 Page 2 Discussion A Density Waiver is Not Reauired A density waiver for the Project is not required as the Project meets the density requirements of the Comprehensive Plan ( "Comp Plan ") when calculated as part of the Kmart Site, consistent with prior approvals and Comp Plan guidance. Minnesota law and the City's zoning code (the "City Code ") require all zoning regulations and approvals to be consistent with the City's adopted Comp Plan. Minn. Stat. Sec. 473.858, subd. 1. The Project consists of development of the remaining undeveloped 4.94 acres of the larger 14.91 -acre Kmart Site. The Comp Plan designates the entire Kmart Site with a future land use classification of Transit Oriented Development (TOD). Properties designated as TOD under the Comp Plan are guided for a combination high density residential housing with mixed use, acknowledging that a higher density combined with mixed - use will be necessary "both to support frequent transit service and to create convenient services and destinations for transit users." Comp Plan 16. Medium density development is guided at a density of 7 to 10 units per acre, while high density development will occur at a density in excess of 10 units per acre. Comp Plan 15. The Comp Plan further states that the "Transit Oriented Development land use does not have a maximum density [and] it is anticipated that any new residential redevelopment will be multi -story thus accommodating much higher density on a small site." Comp Plan 25. In 2003, when the Kinart Site was platted, the density was calculated at approximately 14.69 units per acre. This density was calculated by using an averaging of densities over the entire Kmart Site, including the lower density townhomes and condominiums to the north, as well as the proposed development of the Dominium Site with multi - family housing of a combined 132 units. Calculating the overall density of the Kmart Site is consistent with the calculation of density under City Code Section 9.103, which evaluates the "number of dwellings or principal buildings or uses permitted per net acre of land." However, following the initial plat, the densest portions of the proposed Kmart Site development, which was to occur on the Dominium Site, was never constructed. Due to the failure to construct the previously proposed condominiums, the resulting density of the existing housing on the Kmart Site is approximately 5.7 units per acre, far lower than the high density guidance in the Comp Plan. The originally proposed multiple family housing was never constructed and sold off by the original owner. Minnesota law requires that zoning regulations must be consistent with the Comp Plan, which calls for higher densities on the entire Kmart Site. The failure of the original developer to construct the highest density portion of resulted in a density that is below the density guidance in the Comp Plan. The calculation of density for the Project must be calculated across the entire Kmart Site, consistent with the original plat approvals and the Comp Plan guidance. When calculated as such, the resulting overall density with the Project is 15.62 units per acre, consistent with the Comp Plan guidance for the Dominium Site and the Kmart Site as a whole. The following table compares the before and after density in light of the Comp Plan Guidance. 168 Mr. Walter Fehst and Ms. Elizabeth Hohnbeek September 19, 2017 Page 3 Kinart Site Density Dwelling Units /Acre Comp Plan Guidance 10+ Zoning Guidance 20 -30 Originally Approved Density (2003 ) 14.69 Actual Current Density 5.7 Currently Proposed Density 15.6 A Waiver is Not Required to Exceed the Enclosed Parking Requirements The Project as originally proposed included a total of 269 parking spaces, 134 of which were enclosed. The corresponding parking requirement is 281 enclosed parking spaces pursuant to City Code Sec. 9.106(L)(10). Dominium has since substantially increased the number of enclosed parking spaces and reduced the number of dwelling units. Notwithstanding the revisions, no waiver is necessary to the enclosed parking requirements, as the Columbia Heights Design Guidelines ( "Design Guidelines "), explicitly permit surface parking and allow parking around the structure. The Dominium Site is subject to the Design Guidelines. More specifically, the Dominium Site is subject to the "Highway District" regulations. The Design Guidelines are incorporated by reference into the City Code in two separate sections: Section 9.113(D)(3), which establishes the Design Guidelines as an overlay district; and under the General Development Standards provision, which reads as follows: 9.106(N)(5) Design guidelines. The City Council may adopt by resolution design guidelines that shall apply to designated areas or districts of the city with greater specificity than the standards in this section. Where there is a conflict between the design guidelines and the standards in this section, the guidelines shall apply. Section 9.016(N)(5)(emphasis added). This provision establishes that in the event of a conflict between the District Guidelines and Section 9.106 of the City Code, which includes the enclosed parking requirements, the Design Guidelines shall apply. There are two provisions of the District Guidelines that govern the Project. As the staff report identifies: Buildings may be set back a maximum of 85 feet fiom the sidewalk, in order to allow for two rows of parking and drive aisles plus landscaped frontage. Design Standards 6. This language explicitly permits parking in the Highway District to locate up to two rows of parking and drive aisles between the structure and the sidewalk. Furthermore, the Design Guidelines state that in the Highway District "parking areas should be distributed around large buildings." Design Guidelines 25. The term "should" is not permissive, but rather a mandatory provision. 169 Mr. Walter Fehst and Ms. Elizabeth Holmbeck September 19, 2017 Page 4 Notwithstanding the enclosed parking requirements of section 9.106(L), the Design Guidelines explicitly state that parking should be distributed around large buildings and that site plans may accommodate up to two rows of parking between the structure and the sidewalk. Section 9.106(N)(5) reconciles this conflicting requirements in favor of the Design Guidelines; thus, not only allowing surface parking, but arguably requiring it in lieu of enclosed parking. This is consistent with the intent that the "guidelines are intended to be mandatory." District Guidelines 2. Minnesota courts will construe zoning ordinances: (1) according to their plain and ordinary meaning; (2) strictly against a city and in favor of a landowner; and (3) in light of their underlying policy goals. Frank's Nursery Sales, Inc. v. City of Roseville, 295 N.W.2d 604, 608 (Minn. 1980). The courts must give weight to the interpretation of the ordinance that, "while still within the confines of the [ordinance], is least restrictive upon the rights of the property owner to use [its] land as [it] wishes." Id. at 608 -609. Here, the conflicting provisions of the City Code should be interpreted in favor of Dominium, which eliminates the need to for a waiver request to the enclosed parking requirements. Conclusion Dominium has made a good faith effort to comply with the City's request to reduce the density of the Project and to move more parking to an enclosed structure. These efforts go well beyond the minimum requirements of the code, as the originally proposed density and the proposed surface parking is permitted without the need for the waivers requested. Please contact me with any questions about this letter. Thank you. /k niv La Direct Dial: 952 -896 -3290 Direct Fax: 952- 842 -1729 Email: wgriffith@larkinhoffman.com cc: James Hoeft, City Attorney Joe Hogeboom, Director of Community Development 4821- 7663 -2655, v. 3 170 Appendix B: Parking Analysis 171 | / | \ \ 0 \ \ \ \ \ \\ \ \\ ]!\ } ;\ \ ]!\ } ;\ Appendix C: Family Analysis 173 Demographic Analysis: Lakewood. Albertville Meadows Elm Creek Tralee Terrace Property Summary Units as % of Units Bedrooms Demographic Information Household Information Total Number of Occupants Occupants per Unit Occupants per Bedroom Heads, Co -Heads & Spouses vs Dependents Total Heads, Co- Heads, & Spouses Average Adults per Unit Total Dependents Average Number of Dependents per Unit Dependents %of Total Occupants One Bedroom Two Bedroom Three Bedroom Total 44 121 110 275 16% 44% 40% 100% 44 242 330 616 51 291 428 770 1.16 2.40 3.89 2.80 1.16 1.20 1.30 1.25 47 171 156 374 1.07 1.41 1.42 1.36 4 120 272 396 0.09 0.99 2.47 1.44 8% 41% 64% 51% 174 Demographic Analvsis: Lakewood Property Summary Two Bedroom Three Bedroom Total Units 12 48 60 as % of Units 20% 80% 100% Bedrooms 24 144 168 Demographic Information Household Information Total Number of Occupants 23 186 209 Occupants per Unit 1.92 3.88 3.48 Occupants per Bedroom 0.96 1.29 1.24 Heads, Co -Heads & Spouses vs Dependents Total Heads, Co- Heads, & Spouses 14 71 85 Average Adults per Unit 1.17 1.48 1.42 Total Dependents 9 115 124 Average Number of Dependents per Unit 0.75 2.40 2.07 Dependents % of Total Occupants 39% 62% 59% 175 Demographic Analvsis: Albertville Meadows Property Summary One Bedroom Two Bedroom Three Bedroom Total Units 15 33 27 75 as %of Units 20% 44% 35% 100% Bedrooms 15 66 81 162 Demographic Information Household Information Total Number of Occupants 20 76 99 195 Occupants per Unit 1.33 2.30 3.67 2.60 Occupants per Bedroom 1.33 1.15 1.22 1.20 Heads, Co -Heads & Spouses vs Dependents Total Heads, Co- Heads, & Spouses 18 48 35 101 Average Adults per Unit 1.20 1.45 1.30 1.35 Total Dependents 2 28 64 94 Average Number of Dependents per Unit 0.13 0.85 2.37 1.25 Dependents % of Total Occupants 10% 37% 65% 48% 176 Demographic Analvsis: Elm Creek Property Summary One Bedroom Two Bedroom Three Bedroom Total Units 12 42 18 72 as % of Units 17% 58% 25% 100% Bedrooms 12 84 54 150 Demographic Information Household Information Total Number of Occupants 14 105 70 189 Occupants per Unit 1.17 2.50 3.89 2.63 Occupants per Bedroom 1.17 1.25 1.30 1.26 Heads, Co -Heads & Spouses vs Dependents Total Heads, Co- Heads, & Spouses 12 62 22 96 Average Adults per Unit 1.00 1.48 1.22 1.33 Total Dependents 2 43 48 93 Average Number of Dependents per Unit 0.17 1.02 2.67 1.29 Dependents % of Total Occupants 14% 41% 69% 49% 177 Demographic Analvsis: Tralee Terrace Property Summary One Bedroom Two Bedroom Three Bedroom Total Units 17 34 17 68 as % of Units 25% 50% 25% 100% Bedrooms 17 68 51 136 Demographic Information Household Information Total Number of Occupants 17 87 73 177 Occupants per Unit 1.00 2.56 4.29 2.60 Occupants per Bedroom 1.00 1.28 1.43 1.30 Heads, Co -Heads & Spouses vs Dependents Total Heads, Co- Heads, & Spouses 17 47 28 92 Average Adults per Unit 1.00 1.38 1.65 1.35 Total Dependents - 40 45 85 Average Number of Dependents per Unit 1.18 2.65 1.25 Dependents % of Total Occupants 0% 46% 62% 48% 178 L �y k M� Ci W i H CO Q L 2 w O O I N a z w J Q G tt Q O LL- ^ Z v! 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