The URL can be used to link to this page

Home My WebLink AboutJune 08, 1998 Regular ' Mayor CITY OF COLUMBIA HEIGHTS (!--) JC°~;P2JtUil~dee~;;trs Donald G. Jolly ~90 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806Marlaine Szurek Gary L. Peterson Robert W. Ruettirnann ADMINIS TRA TION City Manager Walter R. Fehst JUNE 5, 1998 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, June 8, 1998 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. 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 next order of business.) A. MOTION: Move to Adopt the Consent Agenda as follows: 1) Approval of Council Meeting Minutes : MOTION: Move to approve the minutes of the May 26, 1998 Regular Council Meeting. 2) Resolution No. 98-48 - Award of 1998 Miscellaneous Concrete Repairs, Project #9800 MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to approve and adopt Resolution No. 98-48 :Accepting Bids and Award the 1998 Miscellaneous Concrete Repairs and Installations, Municipal Project #9800. 3) Resolution No. 98-49 - Award of Cracksealing Project 4/1998-01 (A) MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to approve and adopt Resolution No. 98-49 Accepting Bids and Award the Cracksealing Project #1998-01(A). Page 1 THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABI~-ITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER ~2OUNCIL MEETING AGENDA JUN-E, B, 1998 PAGE 2 4) Resolution No. 98-50 - Award of Sealcoating Project #1998-01(B) MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to approve and adopt Resolution No. 98-50 Accepting Bids and Award the 1998 Sealcoating Project #1998-01(B). 5) Authorization to Seek Bids for 1998 Street and Parking Lane Striping MOTION: Move to authorize staffto seek bids for the 1998 Street and Parking Lane Striping contract. 6) Authorization to Seek Bids for Traffic Control MOTION: Move to authorize staff to seek bids for traffic control during the construction of the railroad crossing on 37th Avenue. 7) Approval of License Applications MOTION: Move to approve the license applications as listed. 8) Resolution No. 98-51 - Approving the Public Works Director as an "Authorized Official" to Apply for DNR Grant Assistance Program Funds MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to Adopt Resolution No. 98-51 Being a Resolution Authorizing the Public Works Director to Apply for DNR Grant Assistance Program Funds for Storm Water Related Improvements. 9) Approval of the Met Council Local Planning Assistance Program Grant Agreement MOTION: Move to approve the Metropolitan Council Local Planning Assistance Program Grant Agreement and acknowledge receipt of $1,500.00 in grant funds; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. MOTION: Move to approve the Metropolitan Council Local Planning Assistance Program Grant Agreement AMENDMENT and acknowledge receipt of an additional $1,000 in grant funds; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 10) Establish Hearing Date for License Revocation, Rental Properties MOTION: Move to establish a hearing date of June 22, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights at 3935 Tyler Street owned by Anthony Wilczek and 4023 Sixth Street owned by Renae Novak. 11) Recommendation to Replace the Library_ Roof MOTION: Move to accept the Library Board recommendation on file and to direct staff to proceed with retention of A.A.C Roof Consulting, Inc. for preparing specifications, obtaining quotations, and overseeing the project; and with funding sources to be determined. Page 2 ~OUN~IL MEETING AGENDA JL51qE 8, 1998 PAGE 3 12) Recommendation to Replace Roof at John P. Murzvn Hall MOTION: Move to authorize staff to work with the City Manager to determine the nature of the roof problems, explore the possibility of hiring a roofing consultant, and seek bids for roof repair at Murzyn Hall. 13) Payment of the Bills MOTION: Move to pay the bills as listed out of proper fimds. 5. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS A. 1998 Humanitarian of the Yem' Presentation - Brace Magnuson 6.PUBLIC HEARINGS A. Close Public Hearing for Rental License Revocation - L/nde Investment Company MOTION: Move to close the public heating in that the scheduled date of the heating was incorrect regarding the revocation or suspension of the rental licenses held by Lynde Investment Company at the following addresses: 4050 4TM Street, 4100 4th Street, 4425 University Avenue, 4441 University Avenue, 4715 University Avenue, 5131 University Avenue, 4060 4th Street, 4120 4th Street, 4433 University Avenue, 4707 University Avenue, 5121 University Avenue and 5141 University Avenue. B. Establish Hearing Dates for Rental License Revocation, Lynde Investment Company MOTION: Move to establish a hearing date of July 13, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the Lynde Investment Company at the following addresses: 4050 4th Street, 4060 4th Street, 4100 4th Street, 4120 4th Street, 4425 University Avenue, 4433 University Avenue, 4441 University Avenue, 4707 University Avenue, 4715 University Avenue, 5121 University Avenue, 5131 University Avenue and 5141 University Avenue. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Page 3 ~OI_YN~II_, MEETING AGENDA JUNE 8, 1998 PAGE 4 1) Resolution No. 98-52 Being a Resolution Establishing a SPecial Revenue Fund MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-52 being a resolution establishing a special revenue fund. 2) Resolution No. 98-46 Being a Request for a Lotsplit at 4239 Arthur Street Northeast MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to approve Resolution No. 98-46 Being a Lotsplit Request for 4239 Arthur Street Northeast. B. Bid Considerations None C. Other Business 1) Preliminary_ Plat for Crest View Communities MOTION: Move to waive the requirement for the dedication to the municipality an area not less than 10% of the total proposed areas to be subdivided. MOTION: Move to approve the preliminary plat for Crest View Communities. 2) Variance Request - 5055 Madison Street Northeast MOTION: Move to approve the variance of seven (7) feet to allow the construction of a garage with the vehicle entry door thirteen (13) feet from the property line at 5055 Madison Street Northeast because tree location and number on the lot create a hardship. 3) Conditional Use Permit Request - 4757 Central Avenue Northeast MOTION: Move to approve a Conditional Use Permit to allow the operation of a Subway Restaurant and TCBY Restaurant in the Retail Business Zoning District at 4757 Central Avenue, subject to the following conditions: Page 4 COUNCIL MEETING AGENDA JUNE $, 1998 PAGE 5 1. All required state and local codes, permits, and inspections including, but not limited to, bnilding permits, fire code, and health department regulations will be met and in full compliance. 2. Mechanical equipment located on the roof of the building and waste material storage shall be located and screened in a manner consistent with the Zoning Ordinance. 3. Light directed onto adjoining properties and public streets shall not exceed three (3) foot candles. 4. Water run-off shall be channeled into a storm drain, water course, ponding area or other suitable facility. 5. Future tenants will be required to comply with all required state and local codes, permits and inspections. 6. A landscaping plan will be reviewed and approved by staff. 4) Variance Request for 3844 Central Avenue Northeast MOTION: Move to approve the variance request of eight (8) feet to allow the construction of a sign seven (7) feet from the property line at 3844 Central Avenue, because strict adherence to the provisions of the Zoning Ordinance would require the removal of two trees which creates a hardship. 5) Variance Request - 3859 Main Street Northeast MOTION: Move to approve the variance of nine (9) feet to allow the construction of a garage at 3859 Main Street Northeast with the vehicle entry door eleven (11) feet from the property line because the shape of the lot and location of existing trees on the property create a hardship. 6) Preliminary_ Plat Approval - Bobby and Steve's Autoworld MOTION: Move to approve the preliminary plat for Bobby and Steve's Autowofld, subject to final staff review and approval of the preliminary plat and drainage and grading plans and utility plans. MOTION: Move to table the final plat for Bobby and Steve's Autoworld until such time that three 93) copies of the complete final plat have been furnished to the City Clerk for City files. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the CiW Attorney Page 5 COUNCIL MEETING AGENDA YO2'q-E B, 199B PAGE 6 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) EDA May 19, 1998 Meeting 10. CITIZENS FORUM TO ADDRESS TIlE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT MOTION: Move to adjourn the Regular Council Meeting. Walter Fehst, City Manager WF/js Page 6 CITY COUNCIL LETTER Meeting of: 6/8/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: /j PUBLIC WORKS T ITEM: AUTHOKIZATION TO SEEK BIDS FOP, 1998 BY: K. Hansen~~ BY: STREET AND PARKING LANE STRIPING DATE: 6/4/98 '~'"~-- DATE: Staff is requesting authorization to seek bids for the 1998 Street and Parking Lane Striping. Approximately 15% of the project ($750.00) is budgeted for in General Fund 101-43170-4000. The remaining 85% ($4,500.000) is budgeted for in the Municipal State Aid Maintenance Fund (212-43190-4000). Recommended Motion: Move to authorize staffto seek bids for the 1998 Street and Parking Lane Striping Contract. 98-174 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 6/8/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: /.~ PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK QUOTES FOR BY: K. Hanse~ BY: TRAFFIC CONTROL DURING THE DATE: 6/4/98~-~-~ DATE: CONSTRUCTION OF THE tLAILROAD cP. oss o ON AVEN ¢-,q. Background: As directed by City Council in October of 1997, staff is proceeding with preparations to reconstruct the railroad crossing on 37~h Avenue west of Stinson Blvd. As part of the CP Railway Construction Agreement, the City is responsible for traffic control while the work is in progress. The construction will take approximately 3 weeks. Analysis/Conclusions: Staff is requesting authorization to seek quotations to close 37~ Avenue from Stinson Blvd. to 37t~ Place and to detour traffic from 37th Avenue to Stinson Blvd., 40th Avenue, and Arthur Street/Hart Blvd. State Aid Construction funds are being used for this project. Recommended Motion: Move to authorize staff to seek quotations for traffic control during the construction of the railroad crossing on 37th Avenue. KU~b 98-178 COUNCIL ACTION: TO CITY COUNCIL JUNE 8, 1998 *Signed Waiver Form Accompanied Application 1998 BUSINESS LICENSE AGENDA APPROVED BY CONTRACTORS LOCATED AT FEES BUILDING OFFICIAL *A-ABC Appliance & Heating *Belair Builders, Inc. *DeMars Signs, INc. *Ebert Plumbing & Heating Dependable Indoor Air Quality Erickson Heating and Cooling *W.E. Neal Slate Co. *Peltier and Stacy Masonry *Stepaniak Construction *Suburban Air Conditioning *Superior Paving Co., Inc. 2638 Lyndale Ave. S. 2200 Old Hwy. 8 410- 93'" Ave. N.E. 7613 Bacon Drive 2619 Coon Rapids Blvd. 9212 Isanti St. N.E. 7975 Wallace Road 571 Van Buren St. 2839- 196th Ave. N.E. 8419 Center Dr. 14560 Edgewood Road 40.0[ 40.0[ 40.0[ 40.0[ 40.0[ 40.0[ 40.0[ 40.0[ 40.0[ 40.0[ 40.0[ TREE SERVICES PUBLIC WORKS *Arps Tree Service 17845 Hanson Blvd. ~ 50.00 CITY COUNCIL LETTER Meeting of: 6/8/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~( PUBLIC WORKS ITEM: APPROVAL OF RESOLUTION AUTHORIZING BY: K. Hansej~ ~ BY: PUBLIC WORKS DIRECTOR TO APPLY FOR A DNR DATE: 6/4/~ DATE: GRANT FOR STORM WATER MITIGATION IMPROVEMENTS ~_ ~ .. ~ Background: At their May 18th work session, the City Council reviewed the Engineering Reports for Storm Water Improvements proposed for various locations throughout the City. A summary sheet is attached which details the Construction and Engineering costs totaling $833,600. In investigating financing alternatives, it was found that the DNR has grant money available through their Flood Damage Reduction Grant Assistance Program. Analysis/Conclusions: The attached resolution provides for the City to submit for such funding and specifically names the Director of Public Works as the primm? contact for the program. It is proposed to submit applications for the entire estimated costs of $833,600 as a funding source for the proposed improvements. Recommended Motion: Move to waive the reading of the Resolution, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 98- 51 authorizing the Public Works Director to apply for DNR Grant Assistance Program Funds for storm water related improvements and designating the Director of Public Works as the primary contact for the program. 98-180 Attachment Summary of Storm Water Improvement Costs Resolution COUNCIL ACTION: RESOLUTION NO. 98- 5 ~ BEING A RESOLUTION TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF NATURAL RESOURCES GRANT ASSISTANCE PROGRAM FOR FUNDS FOR STORM WATER RELATED IMPROVEMENTS AND DESIGNATE THE DIRECTOR OF PUBLIC WORKS AS THE CITY'S PRIMARY CONTACT WITH THE DNR BE IT RESOLVED that the Director of Public Works, hereinafter referred to as "Authorized Official" act as legal sponsor for the project contained in the Flood Damage Reduction Grant Assistance program Application submitted on and that Authorized Official is hereby authorized to apply to the Minnesota Department of Natural Resources, hereinafter referred to as "State", for funding of this project on behalf of the Applicant. BE IT FURTHER RESOLVED that the Applicant has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure adequate acquisition, maintenance and protection of the proposed project. BE IT FURTHER RESOLVED that the Applicant has not incurred any construction costs or has not entered into any written agreements to purchase property proposed by this project. BE IT FURTHER RESOLVED that the Applicant has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of the application by the State, the Authorized Official may enter into an Agreement with the State for the above-referenced project and that the Applicant certifies that it will comply with all applicable laws and regulations as stated in the contract agreement. NOW, THEREFORE, BE IT RESOLVED that the Director of Public Works is hereby authorized to execute such Agreements as are necessary to implement the project on behalf of the Applicant. Dated this 8t~ day of June, 1998. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS By: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a tree and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 8th day of June, 1998, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk CITY OF COLUMBIA HEIGHTS STORMWATER IMPROVEMENTS Estimated Project Costs LOCATION CONSTRUCTION Engineering ! Cost Admin Prior Eng to Date (Scoping Study) CONSULTANT AREAS 1) Corporate Limit Area 2) McKinley Street NE / 40th Avenue 3) Monroe Street NE & 49-1/2 Avenue NE 4) Jackson Pond et al a. Jackson Pond b. 4500 Block of Washington Street c. 4300 Block of Washington Street d. 1307 42nd Avenue NE e. Tyler Place NE & 44th Avenue TOTAL ESTIMATED COST: 1. 4116 Cleveland 2. 1156 to 1206 Khyber Lane 3. 4201 2nd Street NE 4. Main Street & 2nd Street (38th to 39th) 5. 550 46th Avenue NE (Alley between 5th & 6th) 6. 4960 Fillmore Street TOTAL ESTIMATED COST: $15,000 $3,000 $100,000 $20,000 $18,000 $3,600 $9,5OO $1,900 $230,000 $46,000 $90,000 $18,000 $98,000 $19,600 $50,000 $10,000 $610,500 $122,100 $35,000 $17,500 $3,500 $25,500 $5,100 $4,500 $900 $3,500 $700 $0 $0 $4,000 $800 $55,000.00 $11,000.00 Source information is based upon the 1997 Scoping Study and 1998 Engineering Reports prepared by the consulting firm of BRA. PW1/Eng 123/98Bondng/98StorrnW,xls OFFICIAL PROCEEDINGS COLUIvfBLA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MAY 26, 1998 1. CALL TO ORDERfROLL C~ALL The Council Meeting was called to order at 7:05 p.m. by Mayor Sturdevant. Present were Mayor Sturdevant and Couneilmembers Jolly, Ruettimarm, and Peterson. Couneilmernber Szarek was absent. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO THE IvlEETING AGENDA There were no additions nor deletions to the meeting agenda. 4. CONSENT AGENDA (Items on the Consent Agenda are considered routine by the City Council and are enacted by one motion. Items removed from the Consent Agenda are taken up as the next order of business.) A. Motion by Peterson, second by Sturdevant to adopt the Consent Agenda as follows: 1) Approval of Council Meeting Minutes The Council approved the minutes of the May 11, 1998 Regular Council Meeting. 2) Revision to Salary Range for Assistant Finance Director The Council approved the revised 1998 monthly salary range for the position of Assistant Finance Director, effective June 1, 1998, as follows: Entry, $3,802; 6 Months, $3,931; 1 Year, $4,061; 2 Years, $4,190 and 3 Years, $4,320. 3) Establish Council Work Session Dates for June The Council established Wednesday, June 3, 1998 at 7:00 p.m. and Monday, June 15, 1998 at 7:00 p.m. as dates and times for Council work sessions. 4) 1999-2001 CDBG Programs The Council allowed the Joint Cooperation Agreement of 1987 to automatically renew and continue in effect so long as there is a CDBG Program in the Urban County of Anoka. 5) Payment of Bills The Council approved payment of the bills as listed out of proper funds. P,.EGULAR COUNCIL MEETING MAY 26,1998 PAGE 2 6) Approval of License Applicatio~ The Council approved the license applications as listed and approved the rental housing license applications as listed in the two memos dated April 13, 1998 fi.om the Fire Chief. Roll call on the Consent Agenda: All ayes .5. RECOGNITIONS, PRESENTATIONS, PROCLAMATIONS AND GUESTS There were no items for this section of the agenda. PUBLIC HEARINGS There were no public hearings. ,7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Second Reading of Ordinance No. 1373 Being an Ordinance Vacating an Alley This alley vacation is in conjunction with the development and re-plat of the area at 37~h and Central Avenues to be called Bobby and Steve's Autoworld. Motion by Peterson, second by Sturdevant to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1373 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, VACATING A CERTAIN ALLEY The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public alley over, across, and under the following described property, to wit: REGULAR COUNCIL MEETING MAY 26, 1998 PAGE 3 That part of the alley found within the plats of CENTRAL AVENUE SUBDMSION and SPAIN'S ADDITION, Anoka County, Minnesota, lying between the easterly extension of the northerly line of the South 41 feet of Lot 9, said CENTRAL AVENUE SUBDMSION, and the northwesterly right of way line of RESERVOIR BOULEVARD, excepting and reserving the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon and thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 2: This ordinance shall be in full force and effect fi.om and after thirty (30) days after passage. First Reading: Second Reading: Date of Passage: May ll, 1998 May26,1998 May26,1998 Offered by: Peterson Seconded by: Sturdevant Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 2) Resolution No. 98-47 Being a Resolution Consenting to the Separation of the US WEST Communications and US WEST Media Group The City's cable counsel advised the Council he has reviewed the documents relative to the separation. He reviewed the five contingencies regarding approval of the separation resolution. Motion by Ruettimann, second by Jolly to waive the reading of the resolution there being ample copies available for the public. REGULAR COUNCIL MEETING MAY 26, 1998 PAGE 4 P,.ESOLUTION NO. 98-47 RESOLUTION CONSENTING TO THE SEPARATION OF US WEST COMMUNICATIONS AND US WEST MEDIA GROUP WHEREAS, the cable television franchise (the "Franchise") of the City of Columbia Heights ("City") is currently owned and operated by Group W Cable of Columbia Heights, Inc. ("Grantee") which is indirectly but wholly-owned by US WEST, Inc. ('~SW"); and WHEREAS, USW's Board of Directors has voted to recommend restructuring USW into two completely separate, unaffiliated companies and USW's shareholders are expected to vote on such restructuring at the next annual meeting of shareholders; and WHEREAS, the restructuring, as more fully described in the SEC Form S-4 Registration Statement filed by USW-C, Inc. on behalf of USW ("SEC Form S-4") which is incorporated herein by reference, will result in the formation of New US WEST, Inc. (to be renamed US WEST, Inc. and referred to herein as "New US WEST") and MediaOne Group, Inc. ("MediaOne Group"); and WHEREAS, subsequent to restructuring, Media One Group will own and operate substantially all of the cable systems cun'ently owned and operated by USW, along with certain other businesses, and New US WEST will own and operate the fourteen (14) state regional bell operating company telephone business currently owned and operated by USW, along with certain other businesses; and WI-tEREAS, subsequent to restructuring, MediaOne Group will wholly own the Grantee and New US WEST will have no interest in the Grantee; and WHEREAS, this restructuring will impact the technical, legal and financial qualifications of USW, and is subject to review and approval by the City pursuant to federal, state, and local law, and the Franchise; and WHEREAS, USW has requested the City's consent and approval for this restructuring and has filed documentation related thereto ("Request"); and WHEREAS, the City has previously consented to ownership by USW upon certain conditions, including the provision of a Corporate Guaranty; and REGULAR COUNCIL MEETING MAY 26, 1998 PAGE 5 WHEREAS, the City has reviewed the Request including the SEC from S-4, has solicited, received and reviewed certain other information and responses from USW including certain IRA rulings, a draft Separation Agreement and FCC Orders, and has procured, received, and reviewed an analysis of the financial impact of the restructuring; and WHEREAS, MediaOne Group will guarantee all Franchise obligations pursuant to a reaffirmation of the Corporate Guaranty currently provided by USW; and WHEREAS, no notice of breach or default under the Franchise has been issued by City or any of its Member Municipalities within the past 12 months and none is outstanding; and WHEREAS, the City has determined that subject to certain conditions which must be met, MediaOne Group possesses the requisite mira'mum legal, technical and financial qualifications. NOW, THEREFORE, BE IT RESOLVED, that the restructuring of USW into two separate companies - MediaOne Group, Inc. and the New US WEST, Inc. is hereby approved and consented to by the City and permitted conditioned upon: Execution and delivery of a letter reaffirming the Corporate Guaranty form MediaOne Group in a form and substance acceptable to City; and Execution and delivery of a copy of the Separation Agreement detailing the understandings and agreements between MediaOne Group and New US WEST subsequent to separation, the inclusion therein of non-competitive agreements shall void this approval and consent as of the date hereof; and Compliance with all federal, state, and local government orders, decisions, authorizations, or approvals relating to MediaOne Group's ownership and operation of the system; and Successful consummation of the transaction as decribed in the SEC Form S-4, including receipt of all required regulatory and shareholder approvals, on or before July 31, 1998, with written certification that the transaction was consummated in materially the same manner as indicated in the SEC Form S-4. In the event closing does not occur prior to this date, the City's consent to transfer shall be deemed to be withheld. Reimbursement of all reasonable fees incurred in the City's review of the proposed transactions; and REGULAR COUNCIL MEETING MAY 26, 1998 PAGE 6 BE IT FUROR RESOLVED, that MediaOne Group may, at any time aud from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including the Franchise to any lender providing financing to MediaOne Group, from time to time. Passed this 26th day of May, 1998. Offered by: Ruettimann Seconded by: Jolly Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary B. Bid Considerations None C. Other Business None .8.... ADMINISTRATIVE REPORTS A. Report of the City Manager 1) Media Release from Minneapolis Regarding Reservoir Construction: A copy of a media release was distributed to the Council which addressed the timetable for the reservoir construction. The City Manager also explained the proposal for installation of a retaining wall on the reservoir site as well as landscaping plans. Councilmember Ruettimann requested the City Manager get a mock-up of the plan which would include this retaining wall. He also stated there appears to be much damage being done to 49th Avenue and this was not anticipated. He recalled a verbal statement made by representatives of Minneapolis which referenced their intention to restore 49th Avenue to its condition before the project and associated hauling commenced. He has received some resident calls concerning this matter. REGULAR cOLrNCIL MEETING MAY 26, 1998 PAGE 7 Couneilmember Ruettimann requested the City Manager to follow up on establishing a joint work session with the New Brighton City Council to review this project. Councihnember Jolly felt this meeting should include residents and representatives of Minneapolis as well. He also requested a status report on 49t~ Avenue. 2) Leaking Roof at the Library: The City Manager noted that the roof at the Library has been leaking and has caused some damage to books and other materials. He felt the roof replacement may be moved up on the Capital Improvement Program. 3) Update on Issues: Councilmember Jolly inquired as to the status of remote meter reading radios. He was advised this issue is currently being readied for an upcoming meeting. Councilmember Jolly also asked if there were any comments received regarding the water line on Innsbruck Parkway. He was advised there were none. 4) Municipal Service Center Open House: Councilmember Peterson thanked the staff for the very successful Open House at the Service Center. It was videotaped by a cable representative. 5) Community Spirit: Councilmember Ruettimarm had a tree damaged in the recent storm. He noted he received help and offers of assistance from neighbors, passersby and people he had never met. He felt this reflected an admirable spirit and was typical of Columbia Heights. B. Report of the CiW Attorney The City Attorney had nothing to report at this time. 9. GENERAL COUNCIL COMMUNCIATIONS Included in the agenda packet were the minutes of the following meetings: May 4, 1998 Traffic Commission, May 5, 1998 Planning and Zoning Commission, May 5, 1998 Library Board of Trustees and April 16, 1998 Charter Commission. No Council action was required as this was for informational purposes only. 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA There were no residents present for the Citizen Forum. REGULAR COUNCIL MEETING MAY 26, 1998 PAGE 8 The City Manager advised that the Council has been challenged by the Chamber of Commerce in a softball game during the Jamboree. Saturday afternoon of Jamboree Week was selected as the time for the game. .11. ADJOURNMENT Motion by Peterson, second by Ruettimann to adjourn the meeting at 7:35 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: 6/8/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ PUBLIC WORKS ITEM: APPROVAL OF RESOLUTION AND AWARD OF BY: K. Hans~U~ BY: 1998 MISCELLANEOUS CONCRETE REPAIRS - DATE: 6/4/9 ~8,,..~_~ DATE: PRO.CT #9800 q. Background: On May 8, 1998, City Council authorized staff to seek bids for the annual contract to replace/install concrete throughout the City. Plans and specifications were advertised for bids in the Focus on May 21, 1998 and Construction Bulletin on May 15 and 22, 1998. Four contractors requested copies of the bidding documents. Four bids were received and publically read aloud at the June 1, 1998 bid opening. A copy of the minutes is attached. Analysis/Conclusions: The low bid was submitted by Ron Kassa Construction in the amount of $25,946.70. Curb and gutter replacement cost is less than the cost presented at the Public Hearing for sealcoat. Curb and gutter replacement on State Aid streets will be paid for with State Aid Maintenance funds. The Park, Street and Sewer and Water Departments have funds in their individual budgets for needed repair work. Recommended Motion: Move to waive the reading of the Resolution, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 98-/~8 accepting bids and award the 1998 Miscellaneous Concrete Repairs and Installations, Municipal Project #9800, to Ron Kassa Construction, Inc. of Elko, Minnesota, based upon their low, qualified, responsible total bid in the amount of $25,946.70 with funds to be appropriated from Fund 401-59800-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 98-175 Attachment: Bid Opening Minutes Resolution COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS 637 38th Avenue NE Columbia Heights, Minnesota 55421 Minutes of Bid Opening on Monday, June 1, 1998 at 10:00 a.m. City Project No. 1998-00 1998 Miscellaneous Concrete Program Pursuant to an advertisement for bids for City Project 1998-00, an administrative meeting was held on June 1, 1998 for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Kevin Hansen, City Engineer Bonnie Morinville, Clerical/Purchasing Clerk Bids were opened and read aloud as follows: Bidder Ron Kassa Construction, Inc. Elko, MN 55020 Scandy Concrete, Inc. Minneapolis, MN 55418 Standard Sidewalk, Inc. Lindstrom, MN 55045 Gunderson Brothers Cement Co. Minneapolis, MN 55404 Bid Deposit Base Bid 5% Bid Bond $25,946.70 5% Bid Bond 5% Bid Bond 5% Bid BOnd $28,907.00 $35,374.50 $35,905.50 I~v~n H~ty Engineer 98pmj/MisconctJbidmints RESOLUTION NO. 98- q8 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1998 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT #9800 TO RON KASSA CONSTRUCTION, INC. WHEREAS, pursuant to an advertisement for bids for City Project #9800, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Ron Kassa Construction, Inc. Scandy Concrete Standard Sidewalk Gunderson Bros. Base Bid $25,946.70 $28,907.00 $35,374.50 $35,9O5.50 WHEREAS, it appears that Ron Kassa Construction, Inc. 6005 250 St. East, Elko, MN is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Ron Kassa Construction, Inc. in the name of the City of Columbia Heights, for 1998 Miscellaneous Concrete Repairs and Installations, City Project No. 9800, 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 #9800 shall be funded with State Aid Maintenance Fund, General Fund, and Sewer and Water Fund. Dated this 8t~ day of June, 1998. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS By: Joseph Sturdevant, Mayor Jo-Anne Student CERTIFICATION State of Minnesota County of Anoka City of Columbia heights I hereby certify that the foregoing Resolution is a tree and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 8th day of June, 1998, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk CITY COUNCIL LETTER Meeting of: 6/8/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER J NO: ~ PUBLIC WORKS ITEM: APPROVAL OF RESOLUTION AND AWARD OF BY: K. Hansen ~ BY: CRACK SEALING PROJECT #1998-01(A) DATE: 6/4/98 ~ DATE: Background: On March 9, 1998 City Council ordered crack sealing and seal coating of the local streets in Zone 3 not included with the Street Rehabilitation Program. On April 13, 1998, City Council authorized staffto seek bids for crack sealing and seal coating State Aid Streets east of Central Avenue. Plans and specifications for crack sealing were advertised for bids in the Focus on April 30, 1998 and in the Construction Bulletin on April 24, May 1 and May 8, 1998. Eight contractors or suppliers requested copies of the bidding documents. Five bids were received and publically read aloud at the May 19, 1998 bid opening. A copy of the minutes is attached. Analysis/Conclusions: The low bid for crack sealing was submitted by Northwest Asphalt Maintenance, Inc. in the amount of $44,400.00. Crack sealing cost on local streets will be assessed and is consistent with the cost presented at the Public Hearing. Crack sealing on State Aid Streets will be paid for with State Aid Construction and Maintenance Funds. Recommended Motion: Move to waive the reading of the Resolution, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 98-/49 accepting bids and award the Crack sealing project # 1998-01 (A) to Northwest Asphalt Maintenance, Inc. of Goodrich, Minnesota, based upon their low responsible bid in the amount of $44,400.00 to be appropriated f~om Fund 415-59801-5130; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 98-176 Attachment: Bid Opening Minutes Resolution COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS 637 38~ Avenue NE Columbia Heights, Minnesota 55421 Minutes of Bid Opening on Tuesday, May 19, 1998 at 2:00 p.m. City Project No. 1998-01(A) 1998 Craeksealing Program Pursuant to an advertisement for bids for City Project 1998-01(A), an administrative meeting was held on May 19, 1998 for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Kevin I-Iansen, City Engineer Joanne Baker, Public Works Secretary Bids were opened and read aloud as follows: Bidder Bid Deposit .Base Bid Northwest Asphalt Maintenance, Inc. Goodrich, MN 56725 5% Bid Bond Daff'mson Asphalt Maintenance Green Bay, WI 54304 5% Bid Bond Bergman Companies, Inc. Eau Claire, WI 54702 ASTECH St. Cloud, MN 56302 Allied Blacktop Company Maple Grove, MN 55369 5% Bid Bond 5% Bid Bond 5% Bid Bond $44,400.00 $45,120.00 $52,080.00 $54,240.00 $58,320.00 9 8proj/Crckslng/bidmints RESOLUTION NO. 98- ~9 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CRACK SEALING PROJECT, #1998-01(A) TO NORTHWEST ASPHALT MAINTENANCE, INC. WHEREAS, pursuant to an advertisement for bids for Crack Sealing Project #1998-01 (A), bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Northwest Asphalt Maintenance, Inc. Daff'mson Asphalt Maintenance Bergman Companies, Inc. ASTECH Allied Blacktop Company Base Bid $44,400.00 $45,120.00 $52,080.00 $54,240.O0 $58,320.00 WHEREAS, it appears that Northwest Asphalt Maintenance, Inc., R.R. 2, Box 172, Goodridge, MN is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Northwest Asphalt Maintenance, Inc. in the name of the City of Columbia Heights, for 1998 Crack Sealing Project #1998-01(A), 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 # 1998-01 (A) shall be funded with approximately 85% State Aid Funds and approximately 15% by assessments. Dated this 8th day of June, 1998. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS By: Joseph Smrdevant, Mayor Jo-Anne Student CERTIFICATION State of Minnesota County of Anoka City of Columbia heights I hereby certify that the foregoing Resolution is a tree and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 8th day of June, 1998, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk ,CITY COUNCIL LETTER Meeting of: 6/8/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: 4~ PUBLIC WORKS ITEM: APPROVAL OF RESOLUTION AND AWARD BY: K. Hanse BY: OF SEAL COATING PROJECT #9801(B) DATE: 6/4/9~..~2---~--~ , I DATE: Background: On March 9, 1998, City Council ordered crack sealing and seal coating &the local streets in Zone 3 not included with the Street Rehabilitation Program. On April 13, 1998, City Council authorized staffto seek bids for crack sealing and seal coating State Aid Streets east of Central Avenue. Plans and specifications for seal coating were advertised for bids in the Focus on May 7, 1998 and in the Construction Bulletin on May 1, May 8 and May 15, 1998. Two contractors requested copies of the bidding documents. Two bids were received and publically read aloud at the May 19, 1998 bid opening. A copy &the minutes is attached. Analysis/Conclusions: The Iow base bid was submitted by Allied Blacktop Company in the amount of $65,993.25. An alternate bid was received to substitute FA-3 aggregate on the local streets for FA-2 aggregate (pea rock). FA-3 aggregate is used on the State Aid streets. Staff is recommending acceptance of the alternate bid of $68,745.00. Seal coating cost on local streets will be assessed and are consistent with the cost presented at the Public Hearing. Seal coating on State Aid streets will be paid for with State Aid Construction and Maintenance Funds. Recommended Motion: Move to waive the reading of the Resolution, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 98- 5~ accepting bids and award the 1998 Seal coating Project # 1998-01 (B) to Allied Blacktop Company of Maple Grove, Minnesota, based upon their low responsible bid in the amount of $68,745.00, accepting Alternate Bid to deduct FA-2 Aggregate and add FA-3 Modified Aggregate for local streets to be appropriated from Fund 415-59801-5130; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. ICU~b 98-177 Attachment: Bid Opening Minutes Resolution COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS 637 38TM Avenue NE Columbia Heights, Minnesota 55421 Minutes of Bid Opening on Tuesday, May 19, 1998 at 10:00 a.m. City Project No. 1998-0103) 1998 Sealcoafing Program Pursuant to m~ advertisement for bids for City Project 1998-0103), an administrative meeting was held on May 19, 1998 for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Kevin Hansen, City Engineer Kathy Young, Assistant City Engineer Bids were opened and read aloud as follows: Bidder Allied Blacktop Company Maple Grove, MN 55369 ASTECH Corp. St. Cloud, MN 56302 Bid Deposit Base Bid Alternate 5% Bid Bond $65,993.25 $2,751.75 5% Bid Bond $88,689.00 $2,438.00 Note: Tt~e altemat~ bid represems an add for substituting Trap Rock for Buckshot cover aggregate. 98proj/Sealcoal/bidminta RESOLUTION NO. 98- 50 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR SEAL COATING PROJECT, #1998-01(B) TO ALLIED BLACKTOP COMPANY WHEREAS, pursuant to an advertisement for bids for 1998 Sea! Coating Project #1998-01(B), bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Alternate Bid Allied Blacktop Company $65,993.25 $ 2,751.75 ASTECH Corp. $88,689.00 $ 2,438.00 WHEREAS, it appears that Allied Blacktop Company, 10503 89th Ave. No., Maple Grove, MN is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Allied Blacktop Company in the name of the City of Columbia Heights, for 1998 Seal Coating Project #1998-01(B), 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 #1998-01(B) shall be funded with approximately 85% State Aid Funds and approximately 15% by assessments. Dated this 8th day of June, 1998. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS By: Joseph Sturdevant, Mayor Jo-Anne Student EERTIFICATION State of Minnesota County of Anoka City of Columbia heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 84 day of June, 1998, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk CITY OF COLUMBIA HEIGHTS Meeting of: June 8, 1998 AGENDA SECTION: Consent ORIGINATING CITY MANAGER NO: 4 DEPARTMENT: Comm. APPROVAL Dev. ITEM: APPROVAL OF THE METROPOLITAN BY: Ken Anderson COUNCIL LOCAL PLANNING ASSISTANCE DATE: June 2, 1998 BACKGROUND: The City of Columbia Heights previously made an application to the Metropolitan Council for grant funds to assist with the costs of preparing a Life Cycle Housing Study. The Metropolitan Council established a planning assistance fund to make grants and loans available to local government units to assist in the cost of conducting and implementing various comprehensive planning activities. The City applied for these funds as part of a five-city, cluster-city application to address life cycle housing needs from a more regional perspective in the north metro area. The City received notification that we would initially be funded in the amount of $1,500.00 for this purpose. However, two cities elected to not participate in this program. The remaining three cities of Crystal, New Hope, and Columbia Heights will therefore receive a larger contribution of grant funds to a total of $2,500.00. The Metropolitan Council has requested that the original agreement be approved and signed as soon as possible. Later, an amendment to the original agreement will be prepared with the larger grant amount of $2,500.00 which will be signed and approved by all three remaining cities to the original grant agreement. ANALYSIS: Attached to this Council letter is a copy of the Metropolitan Council Local Planning Assistance Program Grant Agreement in the amount of $1,500.00. The grant number is SG-97-140-D. The City of Columbia Heights has already contracted with Nancy Reeves and Associates to assist in the preparation of the Life Cycle Housing Study. The total cost for the study has been $4,000.00, which was received and acknowledged by the City Council as a resource for preparation of the Comprehensive Plan update and Livable Communities goals at the meeting of April 27, 1998. The study is intended "to determine what changes the City of Columbia Heights will need in order to have a housing supply that will meet the needs of the population in the year 2010 and beyond". CONCLUSION / RECOMMENDATION: Staff recommends City Council approval and execution of the attached grant agreement in the amount of $1,500.00. Staff also recommends City Council approval and authorization to execute the amendment to the agreement to increase the grant funds from $1,500 to $2,500 which will be forwarded to the City upon receipt of this grant agreement. City Council Consent Agenda - Met. Council Local Planning Assistance Program Grant Agreement June 2, 1998 Page 2 of 2 RECOMMENDED MOTION: Move to approve the Metropolitan Council Local Planning Assistance Program Grant Agreement and acknowledge receipt orS 1,500.00 in grant funds; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. RECOMMENDED MOTION: Move to approve the Metropolitan Council Local Planning Assistance Program Grant Agreement AMENDMENT and acknowledge receipt of an additional $1,000 in grant funds; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: Grant Agreement COUNCIL ACTION: h:hnctcnclplngal Grantee: CITY OF COLUMBIA HEIGHTS Grant No.: SG-97-I4~..D Amount: $1,500.00 End Date: December 31, 1998 METROPOLITAN COUNCIL LOCAL PLANNING ASSISTANCE PROGRAM GR.&NT AGREEMENT THIS GR.~NT AGREEMENT is made and entered into by the Metropolitan Council ("Council") and the metropolitan-area governmental unit identified above as "Grantee." WHEREAS, Minnesota Statutes section 473.867 requires the Council to establish a planning assistance fund for the purposes of' making grants and loans to local governmental units to assist local governmental units in the seven-county metropolitan area conduct and implement comprehensive planning activities, including the review and amendment of local comprehensive plans and fiscal devices and official controls as required by section 473.864, subdivision 2; and WHEREAS. pursuant to Minnesota Statutes set:ion 475.867, subdivision 4, planning assistance grant funds shall not exceed seventy-five percent of tile total costs and expenses of the project, service or activity for which the grant is awarded: and WHEREAS, in May 1997 the Council issued its :'~,ie:ropoliran Council Local Planning Aasistance Grant Guide!ines and solicited applications for local planning assistance grant funds; and X, VHEREAS. the Grantee is a city or to,an in the metropoiitan area as defined in Minnesota Statutes section 473.121, or is a metropolitan-area city, tox~,'n or county, acting in partnership with cities or tow,'ns which was authorized to submit a joint application and execute this grant agreement on behalf of the partnership: and WHEP,.EAS. the Grantee submined an application for local planning assistance grant funds and was awarded a grant to fund eligible comprehensive planning activities identified in the application. NOW TtlEREFORE, in reliance on the representations and statements above and in consideration of the mumat promises and covenants containe~ in this grant agreement, the Grantee and the Council agree as follows: I. DEFINITIONS 1.0I Definition of Terms. For the purposes of this agreement, the tee-ms defined in this paragraph have the meanings given them in this paragraph unless otherwise provided or indicated by the context. (a) "Comprehensive De~,etopment Guide," means the comprehensive development guide for the seven-county metropolitan area adopted by the Council pursuant to Minnesota Statutes section 4'73.145, and the policy plans and other components of the development guide adopted by the -I- Cb) Council pursuant to Minnesota Statutes Chapter 473, including the Regional Blueprint adopted by the Council pursuant to Minnesota Statutes section 473.145. "Comprehensive Plan" means a comprehensive plan which complies with Minnesota Statutes sections 473.858 through 473.865, including those provisions in section 473.859 which require housing elements and housing implementation programs. (c) "Metropolitan Land Planning Act of 1976" means the land use planning provisions of Minnesota Statutes Chapter 473, including Minnesota Statutes sections 473.175 and sections 473.851 through 473.871, as amended. II. GR.A. NT FUNDS 2.01 Grant Amount. The Council will provide to the Grantee the "Grant Amount" identified at page 1 of this grant agreement which the Grantee shall use for authorized purposes and eligible activities. Any reduction or termination of the match amount required under paragraph 2.02 may result in a like reduction in the Grant Amount. 2.02 Seven~-Five Percent Limit. The Grant Amount provided to the Grantee under this agreement may be used to pay up to seventy-five (75) percent of the total costs and expenses of the projects, services and activities described in the Grantee's work plan and budget. The Grantee shall match the Grant Amount received from the Council on at least a one-for-three basis. The matching funds may include in-k/nd work or cash and shall be identified in the work plan budget and in the progress reports required under paragraph 3.01. 2.03 Authorized Use of Funds. The Grant )_mount provided to the Grantee under this agreement shalI be used only for the purposes and eligible activities described in the Grantee's work plan and budget as approved by the Councih A copy of the Grantee's approved work plan and budget is attached to and incorporated into this a~eement as Attachment A. Eligible activities are outlined in the May 1997 Metropolitan Council Local Planning ,4ssisrance Grant Guidelines and include, but are not limited to, staff pay, consultant and professional services, printing and publishing. Grant funds may not be used for per diem payments to appointed or elected board or commission members. Grant funds also may not be used to purchase or acquire equipment or other tangible, nonexpendable personal property or for activities inconsistent with the Council's Comprehensive Development Guide, the Metropolitan Land Planning Act of 1976, as amended, Minnesota's Critical Areas Act of 1973, as amended, or other appiicable state laws. The Grantee agrees to promptly remit to the Councih any unspent grant funds; any grant funds which are not used for the authorized purposes specified in this paragraph; and any interest earnings described in paragraph 2.05 which are not used for the purposes of implementing the work plan activities described in Attachment A. 2.04 Disbursement Schedule. Within thirty (30) days after final execution of this agreement, the Council will disburse to the Grantee ninety (90) percent of the Grant Amount. The ten (I0) percent amount withheld w/Il be disbursed to the Grantee upon completion of the work plan activities and receipt of the final progress report described in paragraph 3.01(1o). 2.05 Interest Earnings. If the Grantee earns any interest or other income from the Grant Amount received from the Council under this agreement, the Grantee will use the interest earnings or income on[¥ for thc purposes of implementing thc work plan activitic described in Attachment A. °2- III. REPORTING, ACCOUNTING AND AUDIT I:LEQUIR.EM;ENTS 3.01 Progress Reports. The Grantee will provide to the Council's authorized agent a written midpoint progress report and a written final progress report describing the status of the work plan activities described in Attachment A. These reports ensure the Grant Amount made available under this agreement is appropriately expended as described in the work plan and budget. The reports shall be subject to the following content and schedule requirements. (a) Midpoint Progress Report. At approximately the midpoint of the Grantee's work plan activities, the Grantee must submit to the Council a written midpoint progress report which includes: a summeD' of the work plan activities undertaken and completed to date: a summary. of work plm~ activities to be accomplished during the remaining months of the work plan: and a summary of unanticipated issues and opportunities that affect fl~e work plan, time schedule for project completion, or budget. The midpoint progress report also must include a sum.mary of project costs and sources of funds for those expenditures, and a list of itemized expenditures of funds received from the Council and matching funds by category in the budget. (b) Final Progress Report. Upon completion of the Work plan activities described in Attachn~ent A, the Grantee must submit to the Council a written final progress report which includes: a summer7 of the work plan activities undertaken and completed since the submission of the midpoint progress repo~: a sun,nary of project outcomes, costs and sources of funds for those expenditures; and a lisr of itemized expenditures of the Grant Amount received from the Council and matching ~nds by category, in the budget. 3.02 Accounting and Records. The Grantee agrees to establish and maintain accurate and complete accounts, financial records and supporting documents relating to the receipt and expenditure of the Grant Amount received from the Council. Notwithstanding the expiration and termination provisions of paragraphs 4.01 and 4.02, such accounts and records shall be kept and maintained by the Grantee for a period of three (3) >,ears t'ollowing the completion of the work plan activities described in Artaclm~ent A. If any litigation, claim or audit is started before the expiration of the three-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved or until the end of the regular three-year period, whichever is Iater. The Grantee will keep proper financial records and other appropriate documents sufficient to evidence the nature and expenditure of the match funds required under paragraph 2.02. 3.03 Audits. The above accounts and records of the Grantee shall be audited in the same manner as ali other accounts and records of the Grantee and accounting shall be in accordance with generally accepted government auditing standards covering financial and compliance audits. The accounts and records may be audited or inspected on the Grantee's premises, or otherwise, at any time by individuals or organizations designated and authorized by' the Council or by appropriate state or federal agencies, following reasonable notification to the Grantee, for a period of three (3) years following the completion of the work plan activities described in Attactu'nent A. 3.04 Authorized Agent. The Council's authorized agent for purposes of administering this grant agreement is 'I'errence Kayser, or another designated Council employee. The written reports submitted to thc Council should be directed to the attention of the authorized agent at the following address: -3- Metropolitan Council Meats Park Centre 230 East Fifth Street Saint Paul, Minnesota 55101-1634 IV. GI:L4,NT AGREEMENT TERM 4.01 Term and End Date. This grant agreement is effective upon execution of the agreement by the Council. Unless terminated pursuant to paragraph 4.02 or extended by written agreement pursuant to paragraph 4.03, this agreement will expire on the "End Date" identified at page 1 of this grant a~eement, or upon completion of the work plan activities described in Atmchrnent A and submission of the final progress report required under paragraph 3.01(b). 4.02 Termination. This agreement may be terminated by the Council for cause at any time upon fourteen (14) calendar days' written notice to the Grantee. Cause shall mean a material breach of this agreement and any amendments of this agreement. Termination of this agreement does not alter the Council's authority to recover funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any funds due to the Council as a result of later audits or corrections. If the Council determines the Grantee has failed to comply with the re,--ms and conditions of this agreement, the Council may take any action to protect its interests, may re,'~se to disburse additional funds and may require the Grantee to remm ali or part of the funds. 4.03 Amendment. The Council and the Grantee may amend this a~eement by writ'ten mutual consent. Amendments, changes or modifications to the Grantee's approved work plan and budget shall be effective only on the execution of writ-ten amendments signed by authorized representatives of the Council and the Grantee. V. GENER.4.L PROVISIONS 5.01 Equal Opportunity. The Grantee agrees it will not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil fights commission, disability, sexual orientation or age and will take affirmative action to insure applicants and employees are treated equally with respect to ali aspects of employment, rates of pay and other forms of compensation and selection for training. 5.02 Conflict of Interest. The members, officers and employees of the Grantee shall comply with all applicable federal and state statutory and regulatory conflict of interest laws and provisions. 5.03 Liability. To the fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless the Council and its members, employees and agents from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the conduct or implementation of the funded work plan activities. This obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the Council and the Grantee. The'provisions of this paragraph shall survive the expiration or ten-nination of this agreement. This indemnification shall not be construed -4- as a waiver on the part of either the Gramee or the Council of any immunities or limits on liability. provided by Minnesota Statutes chapter 466, or other applicable state or federal law. 5.04 Compliance with Law. The C. rrantee agrees to conduct the work plan activities in compliance with all applicable provisions of federal, state and local laws. 5.05 Acknowledgment. The Grantee shall appropriately acknowledge the funding assistance provided by the Council in promotional mater/als, reports, publications and notices relating to the project activities funded under this agreement. 5.06 Warranty. of Legal Capacity. The individual signing this agreement on behalf of the Grantee represents and warrants that the individual is duly authorized to execute this agreement and that this agreement constitutes the Grantee's valid, binding and enforceable agreements. IN WITNESS WHEREOF, the Grantee and the Council have caused this agreement to be executed by their duly author/zed representatives. This agreement is effeztive on the date of final execution by the Council. Approved as to form: METROPOLITAN COU'NCIL Associate General Counsel By: Thomas C. McElveen, Deputy Director Housing, Development and Implementation Community Development Division Date: GRANTEE (.~ignature of.4uth~rt ea Representattvej Name: Walter R. Fehs~ Title: City Manager Date: May 26, 1998 (~ignaiure o. f A uthori:ed Representative/ / l,~ame: Joseph S turdevant Title: Mayor Date: May 26, 1998 -5- ATTACI-I:i~I~NT A Grantee's Work Plan and Budl~e! This Attachment A comprises this page and the Grantee's work plan and budget as approved by the Council. Notwithstanding references to the City of Coon Rapids in the attached project description, work plan and budget, the Grant Amount made available to the Grantee shall be used to fund the joint local planning project described in this Attachment for the following five cooperating cities: Brooklyn Center, Columbia Heights, Cr?stal, New Hope and R.obbinsdale. Each of these five cities is receiving grant funds to support the joint local planning project. -6- Attachment A Project Description, Work Plan and Budget PToiec= Description TNs application for loc~l planr~g assistance grant funds is for a joint proje~ of 6 titles in the north me~ro area, Brooklyn Center, Columbia Heights, Coon Rapids, Crystal, New Hope and Robbinsdale. The proje~, is to study the life cycle housing needs of these aries thro _ugh the year 20 I0. A life c-y. cie homing ~udy provides information on the housing types and co~r.~ that will be needed in a city or group of c/ties in the future. It looks at the types of housing that will be needed to accorm'nodate people as they grow older, as they grow up and start out on thor own, and as they move into a commun/ty to fill the jobs that will be created. The ready starts with the current population and housing supply, and uses p0putadon, household, employment and age projections to d~e,wrfine housing demand or usage in 20 I0. Current housing usage by age and inc,~me are used as ~m.fides, along with antic/pared changes in employment and =ty goals and potimes. Census data, bu/kiing pc.wait d~ata, and Mewopolitan Council projemions are used to form the data base, along with any more recent local data available. Real estate trends for the marke~ area are also considered. The final produm is a r~ort that indicates ',.he housing types that the community will need to have available by 2010 to accommodate the population. Advanrmzes of a Life Cycle Housinc, Study A Life Cycle Housing Study is a basic housing planning tool that helps c/ties to make decisiom r _eg2rd/ng housing goals and implementation strateg/_'es for the/r comprehensive plans and Livable Communities goals and a~/on plans. For example, ifa city knows that there will be a major increase in the number of young people ready to form thor own households, the c/fy may want to plan for additional affordable housing units, both rental and ownersh/p. A Life Cycle Housing Study helps with zoning decision~. Ifa city finds that certain housing types are needed in the future, zoning e_~anges can be made to accommodate these needs before the available land is committed to other uses. A Life Cycle Housing Study helps with redevelopment pl=nnlng. If' a city is planning to ccmvert e,x/sting buildings to different use~, int'ormation on the housing types that will be needed in the barure will be usef-al to plarmer~ and developers. A Life Cycle Housing Study may help to discourage overbuilding of housing types that may not be needed by 2010. 'An example would be the large-tot sinCe-family homes that have dominated new housing construct, ion in the rog/on during the 1990s, but whi~h may have a much ~matler markm by 2010. It will be difficult to convert these housing units to other uses, and they, may end up as rental unit~, leading to unanticipated changes in the communities. CITY COUNCIL LETTER Meeting of: June 8, 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO;.l~t CONSENT AGENDA Fire ITEM: Establish Hearing Dates BY: Charlie Kewatt BY: License Revocation, Rental Properties NO: ~ - ~ "~ O DATE: June 2, 1998 DATE: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Housing Maintenance Codes. 1. Anthony Wilczek ............................ 3935 Tyler Street 2. Renae Novak ................................. 4023 6m Street RECOMMENDED MOTION: Move to Establish a Hearing Date of June 22, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against the above-named'Property Owners Regarding their Rental Property. COUNCIL ACTION: CITY COUNCIL LEI'rER Meetingof.' June 8, 1998 AGENDA SEC~ON: NO.: ~ CONSENT AGENDA ITEM: Recommendation to Replace the NO.: Library Roof ORIGNqATNNG DEPARTMENT: Library BY: M. Rebecca Loader DATE: 6/4/98 ! crrY MANAGER APPROVAL BY: DATE: The Library has experienced roof problems off and on for the past 10 years. In 1981 a single-ply membrane roof (Benoit) was installed and failed within two years. As the Benoit Company had gone out of business after declaring bankruptcy, the City had no recourse on its replacement. In 1988-89, as part of a City-wide project which included remodeling and roofing for various City buildings, the roof was replaced with a Firestone single- ply membrane roof. The City purchased a 10-year warranty from Firestone when it was installed. The Firestone roof has had problems virtually from its installation. Numerous repairs were done at Firestone's instigation and through the contractor. Leaks have been consistent. Additional repairs have been done in the past year by various contractors to try to keep the Library from losing materials. These have not been successful. The Library Board recommends that the roof be replaced with a type of roof other than a single-ply membrane for the followling masons: 1. The potential for loss of materials 2. Health factors: mold from continual water leaks 3. Safety factors: the saturated ceiling tiles could fall 4. Appearance: the stains in the ceiling and on the floor The Library Board further recommends: 1. Retention of A.A.C. Roof Consulting, Inc. to prepare the specifications and oversee the project. 2. Completion of project before October 15, 1998. 3. Cost of project to be covered from General Buildings Fund, Cable or Liquor revenues RECOMMENDED MOTION: Move to accept the Library Board recommendation on file and to direct staff to proceed with retention of A.A.C. Roof Consulting, Inc. for preparing specifications, obtaining quotations, and overseeing the project; and with funding sources to be determined. COUNCIL ACTION: ! Columbia Heights Public Library Board of Trustees Meeting 6/2/98 CITY OF COLUMBIA HEIGHTg (I--) PUBLIC LIBRARY 820 40TH AVENUE N,E., COLUMBIA HEIGHTS~ MN 55421-3878 (612) 782-2805 TDD 782-2806 Board of Trustees Barbara Miller Chair Patricia Sowada Vice-Chair Richard Hubbard Secretary Nancy Hoium Member at large Donald Jolly Council Representative M. Rebecca Loader Library Director "After years of dealing with roof leaks, loss of materials, and damage to the interior of the library building the Columbia Heights Public Library Board of Trustees strongly recommends the roof be replaced with a non-membrane roof, with said project being overseen by a roofing consultant such as A A C Roof Consulting Inc. This project needs to be completed on or before October 15, 1998." Motion by Sowada, seconded by Hubbard. Motion passed unanimously. Recommend that motion be submitted to the Columbia Heights City Council on next business day (6/3/98). THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL LETTER Meeting of: June 8, 1998 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: q Recreation · APPROVAL COMMISSION'S RECOMMENDATION TO SEEK BIDS Recreation Directo~ ' FOR REPAIR MURZYN HALL ROOF. j/ ~ DATE: June 4, 1998 NO: ~'" ~ ~ ~0~ BACKGROUND: Over many years we have had serious water leakage problems at Murzyn Hall that have done damage to the wood floor, carpeting, and ceiling tiles. The roof was repaired and heat cables were installed in February of 1997 to try and resolve the problem of snow melting and causing ice dams on the roof due to poor roof insulation. We paid $3,000 to replace the outer six feet of the north and south sides of the roof during the winter of 1997/98. ANALYSIS/CONCLUSIONS: The Park and Recreation Commission met on May 27, 1998 and made the following motion: Motion by Nelson, second by Foss to request the City to take immediate action to receive bids to repair the roof in order to protect and maintain Murzyn Hall. With regard to the Library roofing problems, we would like to explore the possibility of using the same consultant who will review and write specifications and supervise the roofing projects for both buildings. RECOMMENDED MOTION: Move to authorize staff to work with the City Manager to determine the nature of the roof problem, explore the possibility of hiring a roofing consultant, and seek bids for roof repair of Murzyn Hall. COUNCIL ACTION: BRC F' I NANC :1: Al... SYf."FFE:M 06/05/98 08 ;: ;S5: 19 Checl< I..li-:~: to ry F:'UIqD F;.'IECAF:': !::'UhlD I)E:SCR ]: I::'"f' :[ Ol'-I D I SBLJRSFZMEi:NTS :L 0 ! 201 ?.02 '::'.::03 ?.04 205 225 ?.35 ::'.::40 :;::50 :.?.65 :?,7:L :,~76 40 .., :'~ :L .1. :'.,t :L 5 :'.,t 7."; :L .50:L f) 02 '."', 0 Z; 609 70 .1. 7 :L 0 720 G E:I'-Ilii:RA L.. COMMUI'] ]: TY DIEVI.T.L.OF:'MIEhlT F:UI'.ID ANOI,(A CC)UN"f'Y CDBG I='AI;,' I-~V Z IEW V .'[ I...I...A ECC)I',IC)?t I C DE:VEi:I...CIF:'MEN"f' AL.JI"I--I ~'31i"'CT Z oIq 8 t::'~R I<W I FZW W'll L..t...A ,'~':;r..])L.II"I--I CABI...IE 'f'Ii.=.L..IEV Z.% I OI'-I RENTAL.. I"IOUSI hlC:.i I... ;E ~.~ I;," A F~ Y C':OL.. blGl"l'/",(~'; AF'TE:F;,' SCHC)Ot... C 0 NF:' :1: SC A TIE D / F: C~I;,'F'IE :t: TIED F'F;,'C)F:' L..OCAL. L..AW IEI',IF:'C)RC.':E:ME:NT 98 L..OCAI... L. AW LT. NF:'OF;:CE BL..K C-:iRANT JUVE:N ;1; I...E; JUST ]: (:)iii: C:JF;:AI"IT MUL. T:I:"--USE RE:DL:.:VIELZ3F'MI!-:NT F:'L..AN ,"iFf'ATE: A :1; I) CONSTRUC"I":[ ON l)C)Wlql"C)WI'-I I"h':':, :1: I'-I '¥' E~. Iq A I',I CIE CAF:'.~:TAL.. :I:MF:'-C'~tEN C';iC)V]",, BL..DG CAI':' Z TAI... :t:MF'F;,'C)VIEME:N'f' ---- F:':I:R CAF:' EQUIF:' RE:PL..ACE:-'--GE;t',IE:F:AL. WATER U T Z I... :I: "fY ,%IEWIEF;,' U'T :1: I... ]: TY I':,'IE F:' U,C~ E F:'UND L.. :t: Q LJ 0 F;,' CIEIq'¥F;.'AI... GARAC)E: F.i:I',IIE F;,' C'.'i Y MANAGIEHIEI',FT DATA F:'ROCEL'S,"):[IqG F:'I:i:F;ZM :1: "1" CON'¥F4:1: BUTIED F:'ROJIECT,S-RIi':C E:SCROW F:L..tEX Bli~I"IIFF:':E'f' TF:UST F=UND FOTA[.. ALI... F:'U!',IDS 31 :, 809. :1.9 2, .1.91 ,, 60 54.18 2 :, 732 ,, 03 5,070,36 56 :, 010 ,, 00 875.49 2 :, 027 ,, 05 58,77 9 :, 459 ,, 87 I ,354.74 720 ,, 07 6:1.3.04 795.92 :I. 54.2 ! 2. 095 ,. 52 590 ,, O0 2 :, 2.' :I. 6 ,, 38 5 :, 507 ,, 00 262,3;02,24 24,300 ,, 20 42 :L ,, 88 792 ,, 8.1. 22.1. ,340,, 52 2 :, 42 .1.. 67 4,575 ,, 06 Z;76 ,, 79 34:t. ,, 06 605 ,, 84 211,0.1.2.34 5 :, 2: :L 5., 72 J. , J. 08 :, :1. J. 8.. 96 (i:Al,I K F;:IECAF:': (:.~ A l'-I I( I',I A M Iii: l) I 'SB UF:.:S,r.'~: VIE:hi"f'S :L, .1.08, .1. :L 8.96 .1., .1.00,1.1.8.. 96 B R C F:' ]: tq A N C ]: A L, ,E;Y STlii: M 06 xr'~,~/~8 08 "B C;heck I--I:Ls tory 6/8/98 CC)UiqCZt.. C]:TY OF' COLLJi~IB]:A I"IE]:GH'T'S [31.~54OR"'-VO5,20 PAGE: BAN K VE:]ND[31~ CHL:-]C K NUMBE]:~ AMOUNT BANK CHIECI(]:I',I[3 ACCOUI,I'T' AARP Al) ~[ A I'-I O l< A C O U hi T Y M O'T' O F;,' V E I"I I C.'.' BAF:~I,IZ C K/I'~,'OBli']:;~T [3 & F'R :[,"313 BA'f'TL.E CI:;dEE:K REC CEI',ITER BEI...L..BO¥ Y'¢AR SIJI'""I'-'"I_¥ ~81EI...L..I'}K]Y COF;,'F'ORAT I Ol'-I CALI...AGHAIq/Fr F~AIq CI:;,'IE,"i~;T VIEW I...UTHE:RAI,I HOME: DE]"IMIEF~/JUl.. ]: lie I)E]...IE[3AF;:D TC]OI... CCI. GI!:'NU Z NE F'AF:,"t"S/NAF:'A AUTO [.".'iF:: :[ E]::'/O'IiEROME: & MAF::Y ANN JOHNSOI'.I/T'HOMAS M M .'[ N Fl E [3 A S C O MOOF;,'li'] MIED Z CAI... COF;,'F:' MF:'I...Ei; F'][ l-';~E] DE]::'T I::~EL. ! IEF' ::::S lq :.'.'~ F:' O l... S 0 l',l/C A F:,' O I... Y N Ol...Yl'IY I(/F'AT I::':':::F:,'T S F:'I...US F:*AUST' I S & ,SC]NS F:' ]] l,lhIACl...IE ][) I S"f'F;,' QIJAl._]~T'r' W.1],ll.:.' & ,C3F:II~]]TS F;,:A l< COI',IE;"f'F;&.ICT I C]l',l .]] l',IC l:;,'E F:'F~ ]~ G E F(A T ]] Ol-I SI.:Z~V I CIES ST' F:'ALJl... I::'AFL'I< SI::'ORTS BOOS; U S WES'I' COMMUI"I:ECA'1-IONS UN ]:'v'Ei:F;,'f.i; ]: TY OF: I"! ]; NNESCY¥'A W .'[ l'-IIE C. OMF'ANY/'f'HIF WOF;&..D C':I...ASS WI:NE ABL. E F'F;,'C)F"E.F;,'TY MAI'IA[3EME"'I'-IT A[]:C,'.AP A N);)E F~:SO N/M A R [Z.I,S W AI,I:OIE RS []N / F;,'OL A N E ASHTON/MYIr<OIq B A L L_t:i:N'f' I I',IIE/B F;;UCE: BEF:X3 F:'R 0 F'IE R'T' ]'. L:::S ):') E:RG/I...01 S BOE'r"f'[]:HE.R/LARRY C A :0 ]: E U X / F;: 0 N A L CAtr','OTHIERS/KA'¥fi"-'I'-IA I::;1"1 F:"ROF:'['i:F;,'T :[ E,c.; C: I-'1 :[ !... I... D S / L 0 R A ]: lq Ii:] C H I:;,' I S T FZ N ii; E N / R I C I"1A R D 7209,., 240. O0 72096 279 .. 60 72097 J..,, ,.,oo. /~,. 72098 I :: 840.28 72099 140.00 7~?'.1.00 .1. :, .'l. ,];:L ,, :L4 72 :t. 0:1. 6 .: 804,26 72102 "P~,, 00 72103 62';, 9.1. 72.1.04 77.49 72 .1. 0 ',":', '26,14 72106 72:1.07 7:'; 468 00 72 .1. 08 | : :LB.00 72.1.09 = 4 :: 13:1.. 02 72 .1..1. 0 2 '.54 ,, 42 72 .1..1. :1. 2 ':,.",0., 00 7;:~ .1..1.2 2 :, 876.84 72': 1 .1. B 184 .. 0 .1. 72.1..1.4 ;L :, L:,00 .. 0() 72115 34.32 72.1. :L 6 46;~. 60 721:9.7 44.00 72:t. 18 ~ ;'S, 768,49 72 J..1.9 ~ 5 :, 507.00 72.1. 2r~ :L89 Or'~ 72 J. 2] :L J. 7,., ~: ,, 00 72122 206 ,, 97 72:L23 ~ 50 ,, 00 / ,.'-1. ,::.4 226 ,, 05 72.1. 27 B40 ,, 00 7212':8 ~ 2';, 323,0() 72129 ',.=,B9.00 72:::LZ;0 - -- 2:5q.1.. 00 7 :"' :L :.':; :L._ !::, :1. ,.,': ,, O0 ";'2. :9. 2'.¢2 ~",'"' ,, ...... :.4 00 72133 ~'- ; .1.,06;~ 72:1.54 ~: .37~:,. ,, Or.)" · ,c.~o,., 705 ,, 00 721B6 __- - 302;.00 72 :L :."] 7 ' 51., 00 72 J. 38 J. 06,00 72 .1. 39 70,.,': ,, 00 72140 ~ ,--,m :-, Or) 72141. :~ 2~'= '''' 00 72142 = = :l.,3r~c;',,, ,00, BRC I:=ZNANC'IAL_ ,~Y,~'¥1iEM 06/05/98 08: 3 Check History 6/8/98 COUI'.ICZI... C.T."f'Y OF; COI..UMBZA I"lli~];I;l.']~l"l-~'!~ GL. 540R-VO 5.2".0 F'AGE~ 2. BAN K V EE. I',1]() 0 R CHECK NLJMBER AMOLII'~"F BAN I< t::;I..lli~:l::] K :I:I',IG ACCO LJIq"l" I-A RS ON/SLJ~,F;AN 72.1. 75 653. O0 l...LJEOliEIqAl',l/:[ VAN D 72 :L 80 580 ,, O0 MAF:,'TH/MAF:,'Y lie 72.1. 82 404 ,, O0 BI:;,'(2 1:r'.[ NAIqC ]: AL 06/05/98 08: 3 Check History 6/8/98 C:OUNC;:I:L.. (2]:TY OF:' COL. IJI'1E~:EA I"IL::.':[(3HT.t-] C:JL..540R--V05,2.0 PA(31E 3 BAN K fiB-'lE:C K NUVIBEF:: AMOUNT BAN I( (:;HIZC;K:I:NG ACX:;OLJI'-IT I::'E "1" ['!: F:,' E~; (3 I',1 / T A M M Y 1::' ,".~ I-'IOL. D :[ NG,c~ F;,'A MI',IA F;,' :1: I:;.: :1: F:A :£/HAI"IMOUND ':'~:h'-':~ THREE/AL.. :1: · "~; A T H F:,'liE / L..I... 0 Y D I"1 .~i; (::: I"iL.. (3 lii:~i; E; Iii: F;: / R 0 bi ,t'3 I"10 K E: :l: I';,' / IvJ 0 J"l A M ~; KAL.. :[ fi:: KY/JAMES ~.~ M A B Y / F:' !"! :[ L.. L. ]: F' ,"i;"f' A U fi:: H / L.. E L. A N )~) :~i; W A I"-I,c'30 N / B F:,' A D L.. ['~. Y J ,~; Z A F :' L.. A F :,' ," i:; I'( :1: / C t"11!!: tB T E R T H C)M F',c3C)I"I/Jlii:F::OM E: K "1" 0 W N H 0 U Slii:""A F:'T MANAGEME:I'qT "i"F;,' :l: :L~ KO/F:'RAN K I...I"I"KE: F:'F;,'C)PE]::,'TY MANA(3EME]'-I"f' V A L.. T.'I: tii:RRIi"'Z /M AF': :11. 0 VAI"I ]E':L..AF;::I: CON/,"~i:"I"AI"IL..EY W F' BAUii':F:,' C;,ON,~i;TI':,'UCT:I:C)I'-t WAZt,dAZ/AMY W E:L..L..NIF: R / A F'F;,' Z L.. Y A N (3 / J 0,~; E P I"1 Y Ol. Jl~l (3 F:~tEN/D A WI"! ACC:AF' A ]: D liEL..lii:CTF:,' :[ C'; ,"~;E.t::,'V '.1: (.";Iii: :[ Iq(2 A :1: R TOUC:H Clii:L..L..L.IL..AR )31E:L..L..)3C]Y BAF:,' ,c3t. JF:'F:'I...Y )BI!~:I...I...BC'IY C:OF;,'F:'OF;,'AT :1: 01'-t )3l!i:R (3 M AI"I/JIEI'II"I :[ F'E.F:,' BRAATI~i:N/GAF::Y )3F;~ADI.A.::Y RL::AL.. ti.":,~3TATliE,"'3 ]:NC B F;:EC: K E:I"I :t: T CI"I/L.. A U R :1: Ii.:. CAF:'I.J'FA/RAYMOND CE:N-f'F;:AL.. M3::ODL..E: ,c.;CHC)OL.. COL. IJM)E~ ]: A I"llii: ):) IE I"1 FI E: R / J IJ t... ]: ['E DLJF'FY/HIF.'I_EI'I B'UGDAL..E:/MARY lii:I._IirCTRON:£C DATA ~.~TORAGli:' F:'t...OY:O TOTAL ,"i;F. EC)LJF;,' ]: TY G L.. A,"3,t:; I"1A I',1 ~ii: E hi/K Iii: V ]: N 14 :l: GG :1: I"lt. JNT,"i; :1: RV :1:. I'II~'."./I]~.D .T. '1"!"1 M L. AI'-1(BE:/DAVIi!: & KATHY 72.1.90 12.00 721. 91 2:.'.9~3.00 72.1.92': :1.93.00 72.~. 93 4,-35 ,, 00 72194 ::L , 422.00 72.'t. 95 962, O0 72:L 96 604,00 72 .1. ':,;'7 509,00 72198 484 .. O0 72199 50 :L, 00 72200 2 :~ 209,00 7220 .1. 7:.3 :L ,, 00 ",,.:"220;."'. 475. O0 72203 2 .1. 0 ,, 00 72204 .1..,, 252 ,, O0 72205 ,:I. 8 :L ,, 00 ....~:_,:...o .1. , 027 00 72207 1 ,':-1.6 ,, 00 72208 .1. ,., .1. 46 ,, 00 722.09 2":0 .1.. 00 72210 5.1. 1 ,, 00 722. :L :L 3 :L. 00 ~,,:., ~., ,:., · .~:..,...1. 2 62,::~ ,, 00 722 :L ~':'; 361 ,, 00 722.1. 5 .1.::~9 ,, O0 722:1.6 447., 7',:]. 722.1.7 :";5,,47 722.'1. ~3 25:L ,, 6:L '222..1. 9 8,506 .. :L C) 72220 59 ,, 04 72".2:--.":1 12:'.9 ,, 60 72222 '7 :. 464 ,, 79 72223 35 ,, :1. 0 72224 24:L ,, 26 72225 500. O0 72226 4,6,"~2 ,, 72 72227 17 ,. 0.1. 72228 34 ,, 00 72229 42,,99 72230 I :, 489 ,, 4.1. 72231 69., 00 72232 62.60 72233 44.82 722:'54 .~. 4 ,, 03 '72235 860 ,, 38 72236 1,32.1. ,, O0 72237 ""'-" ~" O0 BRC F:'II,tANCIAI.. SYSTEM C he c:l,:. History 6/8/98 C~OUI'.IC Il... CI'fY OF:' COI../JMBIA HEIGHTS ](-].:APl !(. V E]',I D 0 I::,' C;I-.I E] C: 1,', NUMBE F:,' AMOLJNT BAN I< C:HIZCI< IIqG ACC~OUt,I'i'' I... I:: B A I< I< Iii: I'..I / E R ]; C MEg I C]] NE I...A l-',li'~ TOL.II;,'S Mli:TF:,'C) CASH F:~[':GISTE]::,' SYST M I I-II'IE,~O TA F'A)?,R I CS MF:,'I::'A I'1 `(.:; P NA'i" I OI'IAI... I...lii:AC'~UE: (::IF:' C ]:-I" ]]Iii: CI L..'.:'i; O N/I...1~'~ O N A R g F:'AUST ]: E; ~: Ei;C)NS F:'Ii:TT'Y CASH .... GAF;,'Y BF;,'AATL~: F:'E3--f'¥ C:ASH .... JOANNE BAI<E F:' ;[ TNI!:Y BOWES - I'IINNEAF:'OL I::'F,'OI::X F:'H CY't" Cl QUAL..i TY WINE & SF:'IF;:ITS ST PAUL.. Tli:C:HNICAL.. COL. L..E(3 STAF;,' "f'R.]:Bt..INE ~) ~, r..:.llc, SUF:'F:'L..Y Il,lC:. "1"1:;~ I AF;:CO ARTS ..'.';.: CF;:AF=I"S U S I,.JE,ST CC:IMML.IN ]: CA'¥' :[ ONS MAWF:~ACZ/'MAFkY W :1; I,IE; ME]::,'C:HAN"f',<~:; W ]: "f' KOWS K .'[/Gl... A Y;,YS AI,IC'IKA C:OL.II,ITY SOC F:' :[ F;,'ST CC:IMMLJI,I I ]"Y CI~ED :[ T U C-~F:,'EAT t,.JEST L.. ]; I::'E ~.~ AI-INL.I]: T I"IE:AI...TH I":' A F;,' T I'-I E; F.~`(:'; ]:CMA RI:;T];Rlii]"IEI, I]" 'f't::,'U`(i~T 45 MED :[C:A CHO:[ Mlii::O ].' C:A `(i~El,I I OR M :[ IqI,II~:]`(~,OTA M/JTIJAL L ]: F:E" MI,t ,"~;TATE: I::,'E;T t F:,'EME;NT SY`(i'Y'f' M U `(.~ C 0 M ]: T Z / F:' A T I;.' .'1: C I A IqOI:;:WEST BANI4 - F:'AYROL..L. A F:'E]::,'A F'Ii:F:,'A -" DEl::' ]: NE:D CC.)NTFL' ]: BUT F:'E.'F~:A F'OL Z (.";ii'.'. F,T-']... II.:-;t:" CON'.i'~O F:'U)BL. ]: C: MAI-h-~- C:JE:I::,':.~-; ASSOC ]: AT `(~-I"A"f'li: CA.F'I'i"OI_ CI::,'E~DIT IJl,lI I..11,1101,I:1.2:1.6 I. Jl-I I C)I'-I ~'520 I..JI,IITED WAY WYANgOTTE CO/..IIgTY COUI::,'T t-'t A ]'/.{:T I,.J]]I:;,'E]...E]`(~';S A C C OlJl'l'F EMF',(."3 AC:E: HARDI,JAF;:E ACM E '!' Y F'lii:W R I 'i- AIR. TOUCH CE]...L.UL. AP, 72238 267 ,, 75 722~9 1 :, 925 ,. 00 72240 :I. 70 ,, 25 7224.]. 75 ,, :l 1 722".42 :L25.00 72243 167.92 72244 19.00 72245 .]. 88. :L 0 72246 175.90 72247 72., 23 72248 78 ,. 76 72249 223 ,, 40 72250 69 ,, 22 72251 2.,, 348 ,, 76 7]:,.~::~:,--.: - ~:. ,,., ...... , .... 4 ,.,0 ,. 72253 26 ,, 28 72254 425 ,, 8 :L 722 ?, L":, 665 ,, 57 72256 :1.92 ,, 90 72257 40 ,, 67 72258 112.00 72259 34 .. 00 72261 68.50 72262 1..,, 430 ,, 00 72263 4 :, 284.00 72264 15,633 ,, 14 72265 7,805 ,, 71 72266 22 ;, 607 ,. 34 72267 807 ,, 00 72268 .~. :, :L65 ,, 00 72269 t, 741 ,,00 72270 .]. 59,, 62 72271 132,740.08 72272 24 :, 820 ,, 9.]. 72273 94.62 72274 852 ,, 28 72275 50.00 72276 I :, 100 ,. 00 72277 80 ,, 00 72278 994 ,, 00 72279 48 ,, 00 72280 150 ,, 00 :7228]. ]. 1 ,. 33 72282 2,254 ,, 20 ~: ~:. c:,.~., 292 ,, 39 72284 .].49 ,, 54 72285 5.83 BRC F"INANCIAI_ ~'~YS'Tli:'.M 06/05/98 08: 3 Chec:k History 6/8/98 COUNC]:t... C :[ TY 01:-" COI._UMB :[ A I..IIZ :[ (3t..I]":~ GL..5,:~OR-V05,20 F'AGE: 5 B A f'l K V E N ID 0 R CHEECK NUMBER AMOUN'T BAN K CI"IIZC~ K :I:I',IG ACCOUIq"I" A FIlii: R I P R I D ANOI<A COUNTY HIt:31'-IWAY DIEi':' A.I'~IOI<A C:OUI'q]"Y L. AUJ Ef'IF'OF~:CE AIqOKA COUNT'Y I._:[BF:,'AI'TY ][':~,'.':,I'(ER ~.'-':: "I"AYL..OR BAKEI~: & TAYL. OR )B A t'( E R / J 0 A lq I"1E )BA KIE F~:/F'H :[ L Y~AI:;~f'.IA GUZY ~: STIEFF'Etq I...T):) BI...I.J!E R:[BBON C:HEM'"').')F:,'Y ):'.'~ I... LJ lii]Yt tZ L.. 8 T I::..'IE: E ]300 K Wt"IOI._I.~:SAI...EI'~;S :!: tql.'] BOOI(MIEN ]:I"IC/]"HIE BRAI'.ICH OUT CAI::.'.Elii:F¥¥'F::AC: K ~:)[:.1 ,.t. CA'i"CO F:'AF:,'T8 81EI::,'V ]: [:::lie C H :[ 8 Al30 t... A I'( C]:'/"Y OF:' AI'.tOKA C ]: TY W ]: :OIE I...OC KSM ]: ]"H :[ FIG C 0 C A-C C)1... A B 0't"'1"1.. :[ l".l G M :f: D W Ii"' COI...UM]C'."~ ]: A F:'AF;,' K I"lli!::()]: CAL.. GR COMM Cti']'.t T Iii]7 C:OMI::'L.r/"EI:~ SYS'i"Iii:M PRO]DUCTS COt',ISI. J M E F;,' GLJZDE C8C: [:.':F:,'lii:)} ]:'/" 8tEF:,'V DAV:[IES WATEt;: EQU]:F:' CO ,, .'OIEMCO D[]M :[ IqO ' S F.':[ ZZA IEAO:[L.[.i: W :1: I',ttE COMI::'ANY tEAST SZDIE )31EVIEF:,'AGE C(] F:'ACTC)F~.:Y MO]"OF:,' PARTS ]:NC t:'"EH.{"} T ?W A L. T E R F:' ]:I:~E: ].' NS]"I:~UC"I"OI:~8 ASSN. I::'OUNDAT I C)N C L::I'-I T ~'" R / ]"HE F:'R ]: ~) L. E Y ? C :1: "1" Y 0 F:' GAL..E 1'71i:'.SLEAF~CH CO. G R IE Iii: N W 0 R K S GR I (.']L'],S"-COOPIEF~ & CO C'~F:,'OSSMAN C]FIE:VROL..ET CO ]:N HEALTH EAST VEHICEE MA HIE ]:GHT8 EL. ECTR]:C: ]:NC]. H :I:LLTOF' TI:,'A,,1:I._EI~ 8ALES :1:1~.1 I'-ICtHIi!]NS]'Ii~: ]: NS I NC HOMIE DEF'C)T ~.~2802 I--IOLt[::H1EI'q B ]:I',I:OERY L..]":O I C I'1A )) :1:8 TlR :[ B U'T :[ 0 N C lie Iq"t" E R :[ I<ON CIFI::':I: C:E: SOI.,,UT 72286 74.27 72287 90 ,, 00 72288 148 ,, O0 72289 596.86 72290 2 .,~ 325.26 72291 .1., 22.1.. 39 72292 19].. 69 72293 1.6:1.. 73 72294 9,234 ,. 30 72]295 .11.'70 ,,40 72296 2. (.')62 ,, 50 72297 147 ,, 00 72298 92]. ,, 59 72299 .1. 37 ,, 00 72300 99 ,, 00 72301. 644-.~.,"~'.1. 72302 4 .,, 724.68 72303 220 ,, 00 .' ~:...)..- '~ 32 ,,~:)""'.., 72305 1 .,, 977 ,, 20 72306 2 :, 2''1.6 ,, 38 72307 20 :L ,, 93 72308 336 ,, 79 72309 99 ,, 00 72:3:L 0 90 ,, 00 7231 ]. 296 ,, 07 72312 28.24 72313 78.00 72314 387 ,, 69 72315 50. 988 ,, 70 723''1.6 73.74 723:L7 42.90 72318 ''1.32 ,, 9t 723.1.9 297 ,, 00 72320 565,, 00 72321 ''1. 39.2 :L 72322 560.00 72323 27 :~ 077 ,, 52 --,..,..:.,-., 22 780 ,, 00 72:::;25 8 :L 9.82 72326 157 ,, 33 72327 .1. :, 515 ,, 99 72328 ''1. 0 ,.~ 080 ,, 20 72329 76 ,, 21 72330 ''1.69 ,, ''1.2 72:331. 89 ,, 45 72:332 87 . 43 BRC F']:NANC]~AI...~YSTIEM 06/05/98 08: 3 Chec:k History 6/8/98 COUNC:I:L C;ITY OF COI..LIMB:I'.A I"IIiF.:I:GHTi_:; GL540R-'V05. :.-'.0 F'AC.:i.r:i: 6 B A Ft K V E: I',1D 0 R CHE:C K NUMBE:F,' AMOUNT BAN I,': Cl..llii:C::l,,':l: FIG ACCC)IJIq"I" :I:I',Ii~;TY I::'RI N"l"ii; :[ F:'C F'I":.' :l: N'I' :l: 1'-!(3 J I-I I...AI:;,'!!;ON E:L..li:i:C"I"R:I:C: COMF' O' :1:I'.1D F;i A / F:' A"F F;,' :1: C :1: A JOHI',ISON :(-:.:F;,'O!i';, [.. :I: C-?LJOF;,' CO,, ,..'l'OHl',li301'-t F:'AF'liF. R & i31.JPF:'LY C J 0 H I',! iii;"l" 0 I',1 Iii: SUI::'F'I...Y K MAF;.:T I-(IZI',INE:I)Y & GF;:AVE:I',I KUE:THli'.".R D:I:!.~'T. CO,, I...AGI~i:F~'.QU :l:,"i:;T E:OF;:F' ,, I...E:E: COLl... :l: I'-IS I... ]: M :[ TED I...E:Ii!:F' I-:': F;.: O,~i!;., I... :t::(':':F;tAI:;,'Y V :l:):)lii:{3 COMF'AIqY l~h':':'d:;,'K V:t: :I: I):I:ST ,, M A S 01"1 ? V :1: C T 0 R MATTHlii:W BE:NDE:F,' M CF:'O A - T R I!i:A SUF;,'Ii~.F;,' MCM :I:I"IC:: ME:I"h'::~I:;,'Di.~ CASHI.',tAY L..UMY:~ti::F;~""F' Mlii:F;,':I:T BAI)Glii: C::C)MF:'ANY M :1: DWAY F:OF;,'D I"l:l:I)klli~:ST ASF:'I"IAL. T CO, M:I:DWIi:'.ST LOCK & M :1: I',tI',tEAI::'Oi... :1: S F:' :1: I"h::,l',IClii: DE:PT M :I:NNIii:AI::'OL_ :[ S SAW CO ,, M :1: NNEIi;OTA I)Ii~:I::'AI:;~TMI!!:NT OF: M :t: I".!I'.IE:,SOT'A SI. JI't F:'UBL ]: CAT :t: 0 Mt"I S"I"ATF.!: I I',1:.,.. ~:>L. F,I:.I", MUL.."I" :1:. CHANNI?"L. IqE:W,S Iql!i:lii::Ol"lAM I) :1: ,"i;"FR t BLr'F ! NC-:i CO I'-IIi:'L..SON C,I.-Ili-:E:ii;IZ AI--!D IqOF;,'TH ii;TAF;,' :1: I,IOF;,'TH ii;U)::~URBAI,.I MUTUAL A:I: OI::'F:' :1: CE :OE:I::'CY'f' 0 F:' F:' '.!: Cli~. T L:.': A M I::'AF:I--'.: ~:~LII.. I.. L , II',IC I::'A F;,' T'3 F'I._U,S F'E:OI::'L.E: Wlii:E:KI...Y F:'E:F'i.~:I:-COLA--7 DF' F:'IETTY C::A!i;H -. I:;,'E:BIZCCA L. OA F:'H :1: EL.. :1: I::'S W :1: Nli..'. & :~i;l::' :[ R"1-,9; F:' :1: ONlii:lii:F,' IEI',IG :1: I',IE:E:I:;,' :1: FIG PA F:' .'I: OI,IE:ti~I;: R:I:M & WI-.lli::liF. l.. CC). F:'OL..L..AC I(/O'O,SE:F'H & L. OF;,' I::'1:~: :1: C)R W :1: I'-IE: "'"' "" ';'"" ........ ' ...... "' INC f,, I,,&' O¥.,, I,,l,.,..:,.,,uUkt.,k~:~ .,, 72333 1t .45 72334 3:5 ,, 0 ]. 72335 228 ,, 76 72336 35 ,, 00 72337 15,565.08 72338 278 ,, :1.4 72339 66.53 72340 44 ,, :1.3 72342 :59,363 ,, 55 72343 188 ,, 00 72344 42 ,, 34 7234':' ' ': ~) ' ..~ J...~ .... ( ~ ! 72346 628 ,, 90 72347 23,764 ,, 97 72348 300 ,, 00 72349 363.27 72350 30 ,, 00 72351 751 ,, 69 72352 33.25 7~:...> ..... > :L 2 ,, 2.. 72354 :L 58.38 72355 261 , 693,, 58 72356 :1.04 ,, 17 ~ ~:..:> ::, 7 24 :L ':: 72359 8, :L 5:L ,, 00 72360 220 ,, 00 ~ ~:...>6 .L 27.00 72362 216 ,, 00 "~"~ .... 90 00 72364 64 ,, 2:!. 72365 988.61 72366 150 ,, 00 72367 589.17 72368 660 ,, 00 72369 440 ,, 83 72370 142.26 72371 99.96 72372 524.45 72373 49 ,, 27 72374 6,419 ,, 40 72375 590.00 72376 :L05 ,, 02 72377 120.00 72378 2,346 ,, 77 72379 195 . 00 BF~:C'. I= Z NAI"IC Z Al... .~Y.~.~ TEM 06/05/98 08: 3 C ]~ T Y 0 F C-OI_UM B ~[ A H E: ]~ GH T [:;,I_540R-'V05.20 PAC']E: 7 (-.'-,'A N I( Vlii]l',lI) 0 R CI--tE]C K I'-IUI~I B [:E I:;.'A MOLII'.IT B A Iq K C; I"1 Iii: C K ]1:t',1C-.I A C: C 0 l.J bl'T' F;,'AI) :1:0SHACK F;,'AF' :[ TF'F',' :l: Iq'l" :[ IqG - F'"F;,' .'E DI...li'EY F;,'l"lOI)lii: :t:li;I...Al'.lI) NOVtli:L..TY F;,'C)B :1: lq,~Ol'.l I..At"ID,~CAF:':1: I'.iG :1: IqC F;,'C)YAI... T:I: F;,'IE .~i.~ F:.' F:' C';CtI'.tSUI..T']:IqG [~F:.'OUF:' ,SAM GII:JER]N E;[:EWE:R COMF:'AI',IY ~i; :I: MOI'I & E;[~.I-'II. JST'E.'".R S C IF:'TW A F;.'lii: TA ,~i;[L~t..JE:E:'C}IZIF F:'F::O W]:t"I))OW Ct._IE:A :~i~'T':'-':TIE (:ill::' M I l',ll',i., I)EZ'T, L..ABOR ,~]} TA'T'Iii] '1" R ,"~}'T'F;,'lii: I CHE]F;,' []iil..jj',l ' E; I t"IC;/I)ON :~'Z.J).".'~I. JF;:Bi~N L. AI..'JI'-t C;EJ'-I'T'I!'"_F;: tl"lC 'T'AC:T![Zi; L..AI;J E]"IF'OF;,'C:tii]ME]N'T' 'T' A F;: E')ti'ZF "- I"-R ]: DI._EY 'T'lii:L..r:i:PI..lOl'-IliE AI',I,SWF. EF;,' I I',IG C:ENT TOWI,.! & COUI'..IT'Ik¥ [.'.q:'"F:' ]] CE Cl._ T'F;:ACY F:'I:;: I N'I" I I',t[); 'T'I:;: LJI',I t S 0t:;,' C Iii] U.S TOY [Ltl:) Zb!C W !... TI:;,'AF:'F'IC E.~UI::'F:'I...Y L,,I¥I~F;.'. :!: '1"1!i: ]t: t'.-IC 72380 .1. 63.46 7238 .1. ~'~6 ,, 63 72382 :1.49 ,, 00 72383 96., 9:1. 72384 .1. 60.24 72385 .1. ;, 643 .. 68 72386 .1. 59 ,, O0 72387 987.36 72388 40.00 72389 53.25 72390 40 ,, 00 7239 :!. 341 ,, 06 72392 533.92 72393 67 . 48 72394 424.94 72395 .1. 77 ,, 60 72396 .1..1. 3 ,, 40 72397 B, 040 ,, 58 72398 222.59 72399 ~. 12 ,, 00 72400 91.85 72401. 58.0.1. Y2402 2.1. 0.87 72403 859.46 .1. :, .1. (),ii?, :, .1..1. 8 ,, 96 CITY COUNCIL LETTER Meeting of June 8, 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER PUBL I C HEAR I t~G Fire APPROVAL NO: ~ ITEM: Close Hearing BY: Charlie Kewatt BY: Rental License Revocation __ DATE: June 2, 1998 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Lynde Investment Company regarding rental properties at (listed below) for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of June 29, 1998. The public hearing on this property may now be closed in that the fire department housing maintenance staff made an error in scheduling the public hearing on a council work session date. 4050 4"' Street 4100 4"' Street 4425 University Ave. 4441 University Ave. 4715 University Ave. 5131 University Ave. 4060 4"' Street 4120 40` Street 4433 University Ave. 4707 University Ave. 5121 University Ave. 5141 University Ave. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Lynde Investment Company Regarding Rental Property at the above list in that the Scheduled Date of the Hearing was Incorrect. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCII~ LETTER Meeting of: June 8, 1998 AGENDA SECTION: PUB L I C HEAR I NG ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: ~ Fire ITEM: Establish Hearing Dates BY: Charlie Kewatt BY: License Revocation, Rental Properties NO: ~- ~ DATE: June 2, 1998 DATE: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Housing Maintenance Codes. 1. Lynde Investment Company.. 2. Lynde Investment Company.. 3. Lynde Investment Company. 4. Lynde Investment Company. 5. Lynde Investment Company 6. Lynde Investment Company. 7. Lynde Investment Company. 8. Lynde Investment Company. 9. Lynde Investment Company. 10. Lynde Investment Company 11. Lynde Investment Company. 12. Lynde Investment Company. ............... 4050 4'~ Street ................... 4060 4~ Street .................... 4100 4~' Street .................... 4120 4~ Street .................... 4425 University Avenue .................... 4433 University Avenue .................... ~. 4 ~. 1 University Avenue .................... 4707 University Avenue .................... 4715 University Avenue ................... 5121 University Avenue ................... 5131 University Avenue ................... 5141 University Avenue RECOMMENDED MOTION: Move to Establish a Hearing Date of July 13, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against the above-named Property Owners Regarding their Rental Property. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: Jtme 8,1998 AGENDA SECTION: OTHER ORD I NANCES ORIGINATING DEPT.: CITY MANAGER NO: ~ RESOLUTI ONS FINANCE APPROVAL ITEM: ESTABLISHING A SPECIAL BY: WILLIAM ELRITE ,, BY: REVENUE FUND Res, to, 98-~ DATE:6/1/98 ~~'- DATE: ,cz The City and the EDA have leases for antenna space on the City water tower and on Parkview Villa. The handling of revenue was not designated when these leases were approved. Since then there have been discussions between the City Council and staff at work sessions on this item; the most recent at the May 18 City Council work session. As a result, it is staff's recommendation that all antenna revenue be placed in a separate fund, and all expenditures of the antenna revenue be paid from that fund. Future special revenue items could also go through this fund. As a separate fund, tracking revenue and expenditures will become much easier. Based on this, it is staff's recommendation that the City Council adopt the attached resolution establishing a special revenue fund for antenna and other special revenue, thus allowing funds to be tracked and carried over from year to year for any special uses that the City Council may designate. By setting it up in a separate fund, it will not become commingled the General Fund fund balance or other fund balances. Staff will transfer all previous antenna revenue into the fund and transfer any previous expenditures paid from antenna revenue to this fund to provide historic accountability. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. ' "x RECOMMENDED MOTION: Move to adopt resolution 98-~. , being a resolution establishing a special revenue fund. / WE:dn 9804284 COUNCIL ACTION: RESOLUTION NO. 98- ESTABLISHING A SPECIAL REVENUE FUND WHEREAS, the City of Columbia Heights has entered into a lease to rent space on the water tower for an antenna; and WHEREAS, the Economic Development Agency has entered into a lease to rent space on Parkview Villa for an antenna; and WHEREAS, it is the desire of the City Council that these funds be segregated for projects approved by the City Council; NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that a separate special revenue fund be established to account for this revenue and expenditures. Passed this 8th day of June, 1998 Offered by: Seconded by: Roll Call: Joseph Smrdevant, Mayor Jo-Anne Student, Council Secretary 9804284 CITY COUNC]I, LETTER Meeting of: June 8, 1998 AGENDA SECTION: Other Resolutions and Ords. ORIGINATING DEPT.: CITY MANAGER NO: t7 Community Development APPROVAL ITEM: Resolution 98-46, which is a resolution to BY: Joe Hollman ~7'~t BY: allow a Lot Split at 4239 Arthur St. DATE: June 3, 1998 NO: Case # 9806-27, 4239 Arthur St. q -O '~ Issue Statement: The applicant requests a lot split to sell a 13x 110 foot wide strip of land (1,430 square feet) from 4239 Arthur St. to the property to the north (4251 Arthur St.) Background: The adjacent property to the north, south and, partially to the west is zoned R-2, Two Family Residential, while the area to the east and also partially to the west is zoned R-I, Single Family Residential. The adjacent property in all four directions is used residentially. Relocating the property line 13 feet to the north will not have an impact on the surrounding property. The primary concern when reviewing this request is to ensure that setbacks and lot dimension requirements will still be met. 4251 Arthur St. is currently 7,073 square feet, 64.3 feet wide, with a 5 foot side yard setback to the south property line. 4239 Arthur St. is currently 10,010 square feet, 91 feet wide, with approximately a 25 foot side yard setback to the north property line. Should the lot split occur, 4251 Arthur St. will have the following dimensions: 8,503 square feet, 77.3 feet wide, with approximately an 18 foot side yard setback to the new south property line. 4239 Arthur St. will have the following dimensions: 8,580 square feet, 78 feet wide, and approximately a 12 foot side yard setback to the north property line. Section 9.108(4) of the Zoning Ordinance requires the following lot dimensions in the R-2 District: Minimum lot area shall be 6,500 square feet - both properties will meet this requirement; Lot width shall be 60 feet - both properties ~vill meet this requirement; Front yard shall be 25 feet and rear yard shall be 30 feet - these will not be impacted by the proposal; and, · The property shall have one side yard not less than 10 feet and the other side yard shall be 5 feet - both properties will meet this requirement (the new property line will decrease the side yard for 4239 Arthur St. from 25 feet to 12 feet and increase the side yard for 4251 Arthur St. from 5 feet to roughly 18 feet). Also, Section 9.104(5) of the Zoning Ordinance requires that an3' lot over 6,500 square feet may have a lot coverage of up to 30%. 4239 Arthur St. currently has a lot coverage of approximately 15% and will have a coverage of roughly 17% after the lot split. 4251 Arthur St. currently has a lot coverage of approximately 36% which exceeds the requirement and will have a lot coverage of just under 30% after the lot split which will comply with ordinance requirements. The Planning and Zoning Commission held a Public Heating for the request on June 2. They voted unanimously to recommend City Council approval of the lot split. Attached, please find the following information: Certificate of Survey; Completed application form; Resolution No. 98-46; Notice of Public Heating. Recommended Motion: Move to waive the reading of Resolution 98-46, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 98-46, which is a Lot Split request at 4239 Arthur St. COUNCIL ACTION: RESOLUTION NO. 98 -46 SUBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 590 - 40TH AVENUE N.E. COLUMBIA HEIGHTS, MN 55421 I, Gerald H. Hinrichs Hereby request a split of 4239 Arthur Street, PIN 36 30 24 14 ~)011, Legally described as: The north 91.00 feet of the south 150.00 feet of Lot 2, Block 2, AUDITOR'S SUBDIVISION OF WALTON'S SUNNY ACRES 4TM ADDITION, Anoka County, Minnesota. THE DESCRIPTION HENCEFORTH TO BE: 1. The north 78.00 feet of the south 137.00 feet of Lot 2, Block 2, AUDITOR'S SUBDIVISION OF WALTON'S SUNNY ACRES 4TM ADDITION, Anoka County, Minnesota. The north 13.00 feet of the south 150.00 feet of Lot 2, Block 2, AUDITOR'S SUBDIVISION OF WALTON'S SUNNY ACRES 4TM ADDITION, Anoka County, Minnesota. THIS IS TO BE COMBINED WITH THE ADJACENT PROPERTY TO THE NORTH. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, in the amount of $ 64.77 be paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Recorder within one (I) year of the date of the Council action. PLANNING & ZONING DEPARTMENT ACTION: Move to recommend City Council approval of the lot split. This:,:2nd day of Jtn-ze , 1998. Offered by: Fowler Seconded by: P.ete~son Roll Call: All ayes CITY COUNCIL ACTION: Signature of Owner, Notarized 4353 Arthur St. Owner's Address Telephone No. 782-9922 SUBSCRIBED AND SWORN TO BEFORE ME this/~day of /'~ y ,19 ~ . This ~ day of Offered by: Seconded by: Roll Call: ,1998. Secretary to the Council FEE $150.00 Joseph Sturdevant, Mayor DATE PAID: May 8, 1998 RECEIPT No.: 37027 CERTIFICATE OF ~(UR*IH SURVEYINO. INC. 4oo~ J~FFEI~S~4 ST. N,E. 1612l 788-g76D F~X {61~) i 0 I I I I~ISI'!NG DESCRIPTION - 4251 The ou~th ~4.30 f'c~t of the south 214.~0 lee& ofl.~ Z, BI°ck ~, AUDH'OR'S SUBDI¥1SION oF W,4d:I'ON'S Slay ACRES 4 ADDITION, An~ku County, Minnesota. EXISTING DESCRIPTION r 4239 The no~lh 91.00 feet of the south 150.00 feet of Lol 2, Block 2, AUDITOR'S SUBDIVISION OF WALTON'S SUNNY ACRES 4TM ADDITION, AnoVa County, Minnesota. PROPOSED DESCRIPTION - 4251 1'he north 77.30 feet of the south 214.30 feet of l~t 2, Block 2, ^UDITOR'S SUBDIVISION OF WALTON'S SUNNY ACRES 4TM ADDFrlON, Anoka County, Minnesota. PROPOSED DF3CRIPTION - 4119 The north 78.00 feet of the south 137.00 feet of Lot 2, Block 2, AUDI'FOR'S SUBDIVISION OF WALTON'S SUNNY ACRES 4TM ADDITION, Anoka County, Minnesota. .' I i -- I lite ........... ~ L~!ln '-_- : --Z ......... _ '_7' I CITY OF COLUlt3IA HEIGHTS Appl£cation For: Variance Privacy Fence Cond£tional Use Permit Subdivision Approval Site Plan Approval Other 4. O~er: Phone: Description of Eequest: /~ Zonin~: Applicable City Ordinance Number Present Zoning Present Use Reason for Request: Proposed Zoning. -- Proposed Use '---'- 8. Exhibits Submi==ed (maps, diagrams, e=c.) Ac~ovled~ment and Si~ature: ~e ~dersi~ed hereby represents upon all of the penalties of law, for ~he pu~ose of ~ducing the City of Col~bia Heights to take the action herein requested, that all statements herein are t~e ~d tha= all wore herein · entioned will be done in accordance wi~h the Ordinances of the City of Columbia Heights ~d ~he laws of ~he Sta~inneso~a.~~ Si~ature of Applicant:_~~ Date: Taken CiTY OF COLUMBIA HEIGHTS ~90 40TH AVENUE N.I='., COLUMBIA HEIGHTS, MN ~5,¢~,~:)'~-38'78 (612) 782-2800 TDD 782-2806 P£AAfAflIVG A/V~ ZOAIIAIG C011/1~15510AI Jarr~ Fowler NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue at 7:00 p.m. on Tuesday, June 2, 1998. The order of business is as follows: A request for a lot split of the property located at 4239 Arthur Street to enable the owner to sell a 13 foot x 110 foot (1430 s.f.) strip of land to 4251 Arthur Street. Section 9.407(3) of the Zoning Ordinance requires that an application for a lot split be reviewed by the Planning and Zoning Commission which shall give a report to the City Council either recommending approval or denial of the proposed lot split. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, extension 209, to make arrangements. (TDD/782-2806 for deaf only.) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION Of SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL LETTER Meeting of: June 8, 1998 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: e~ Commtmity Development APPROVAL ITEM: Prelinfinary Plat for Crest View Communities BY: Joe Hollman<~ BY: NO: Case # 9804-20, 1515 44th Ave., 4470 Reservoir Blvd., 4444 Reservoir Blvd.~ and 1675 44th Ave. DATE: June 3, 1998 Issue Statement: Crest View Corporation submitted a request for preliminary and final plat approval for the April 7, 1998 Planning and Zonfi~g Commission. This request was accompanied by the following: 1. Conditional Use Permit to allow a low income Senior Housing Complex (retirement home) in the R-3 zoning district - this request was approved by the City Council; 2. Variances to Sections 9.116(4)(0, 9.116(2)(d), 9.109(4)(a)(iv), 9.109(4)(a)(v) of the Zoning Ordinance - these variances were granted by the City Council; and, 3. A lot split request - the lot split was approved by the City Council. Back,round: The request for plat approval was tabled until the necessary information was provided. A preliminary plat has been submitted and reviewed. This plat is not required and is not reconfiguring any lot lines, but is being completed in an effort to simplify legal descriptions for the property. There are several new easements being proposed on the property, including: A 10 foot wide drainage and utility easement around the perimeter.of the property; Utility Easement "A" is a fire lane easement from Reservoir Blvd. serving the HUD 202 building and Crest View Lutheran Home; Utility Easement "B" is a fire lane easement off 45~ Avenue NE intended to serve Royce Place and The Boulevard; and, A drainage easement around the detention pond. One issue worth noting is the requirement from Section 9.406(6) that states each plat shall hereat'~er provide for a dedication to the municipality an area not less than 10% of the total proposed area to be subdivided. Considering that tiffs plat is not creating any additional lots or reconfiguring lot lines, it is recommended that this requirement be waived. Section 9.406(6)(c) states that this requirement ma>' be waived and/or modified by the Council, after recommendation from the Planning and Zoning Commission, for one of the following reasons: 1. The enforcement of this provision would act as an extreme hardship to the property owner, because of the size of the tract involved, the topography of the land or the owner has already dedicated comparable areas in other subdivisions in the City; 2. The owner contributes a cash equivalent to the City Treasurer for the "Park and Recreation Funds" of the City. A cash equivalent shall be a sum mutually agreed upon representing 10% of the market value of the tract in an underdeveloped state on the date the preliminary plat is presented to the City. Attached, please find the revised preliminary plat which was submitted on June 1, 1998 and the staff report from the April 7, 1998 Public Hearing. This is the plat that was reviewed during the June 2 Planning and Zoning Commission. The Commission voted unanimously to recommend approval of the preliminary plat and to waive the requirement for the 10% dedication. The June 1 plat contains three revisions which were not on the first preliminary plat which was submitted in May. These revisions are as follows: 1. Utility Easement "B" extends into Lot 3, Block 1 to provide an easement for the entire fire lane; 2. The actual fire lanes are indicated on the Plat; and, 3. The approved site plan indicated there will be a second link from the new HUD 202 building to Crest View Lutheran Home, this link is now shown on the plat. Recommended Motions: Move to waive the requirement for a dedication to the municipality an area not less than 10% of the total proposed area to be subdivided. Move to approve the preliminary plat for Crest View Communities. COUNCIl. ACTION: C TY OF COLUMBIA HEIGHTS (l'-) ii 590 40TH AVENUE N.£., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 Case: 9804-20 Page 1 STAFF REPORT TO THE PLANNING AND ZONiNG COMMISSION FOR THE APRIL 7, 1998 PUBLIC HEARING Case #: 9804-20 Owner: Address: Phone: GENERAL INFORMATION Crest View Corporation Applicant: 4444 Reservoir Blvd. NE 782-1611 Parcel Address: 4444 Reservoir Blvd. NE (existing) Zoning: R-3 Multiple Family Residential Comprehensive Plan: I--[DR High Density Residential Crest View Corporation 4444 Reservoir Blvd. NE 782-1611 1675 44th Ave. NE (proposed) Surrounding Zoning and Land Uses: Zoning North: R- 1 South: R-1 East: R- 1 West: R-2 Land Use North: Minn. waterworks/Keyes Park South: Residential East: Residential West: Residential BACKGROUND Explanation o[ Request: Crest View Corporation is requesting a Conditional Use Permit, Variances, a Lot Split, and Plat to construct a HUD 202 40 unit low income Senior Housing Complex (retirement home) at 1675 44~ Ave. NE, which is the proposed address of the lot split parcel. The Department of Housing and Urban Development (HUD) is providing financing for this project, and one of the requirements for this financing is that the complex be constructed on a separate parcel. This is the reason for the lot split. The plat is not required, but is being requested by the City in an effort to simplify legal descriptions for the entire Crest View property. After the property is platted it will be legally described with a lot ~md block number, rather than a metes and bounds description, which is used to legally describe the lot split. Crest View Corporation is requesting the lot split because it is the quickest method in which to subdivide the necessary parcel. The timing is needed for the HUD 202 financing (see attachment entitled "Summary of HUD 202 Capital Advance Grant Application" and the attached memo to Ken Anderson from Shirley Barnes dated June 19, 1997). Al: this point, information has not been provided for the plat. THE: CITY OF COI. UMB[A HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPI.OYMENT OR THE PROVISION OF SE:RVICES E:QUA/ OPPORTUNITY ~:'MPI.OYER Case: 980420 Page 2 Case HistorF: The Crest View property currently consists of three different uses. The Boulevard Apartments are designed for Seniors aged 62 and better who desire independent living. Royce Place consists of 50 units and is used for individuals needing assistance but are still able to maintain an independent lifestyle. Crest View Lutheran Home is used for those who need a full range of health care services. Crest View Corporation has had several proposals (18) before the Planning and Zoning Commission. The most recent was a Planned Unit Development Concept Plan (case 9802-17), which was approved by the Planning and Zoning Commission. This current case will alleviate the need to pursue preliminary and final Planned Unit Development plans. ~NALYSIS Surrounding Property: (see map) The adjacent land to the north of the subject property is zoned R-1 Single Family Residential and is used for Keyes Park and Minneapolis Waterworks. The lots to the east and south of the subject property are zoned R-1 Single Family Residential and are used residentially. Parcels to the west of the subject property are zoned R-2 Two Family Residential and are also used residentially. The existing use of the subject property consists of the three uses listed above (Boulevard Apartments, Royce Place, and Crest View Lutheran Home). The HUD 202 building will provide a slightly different service than the existing three buildings in that it will provide affordable housing for Iow income Seniors. The proposed use is compatible with the character of the surrounding property. Technical Review: The following summarizes parking requirements: · Section 9.116(4)(0 requires two parking stalls for each dwelling unit, which would require 80 stalls for the proposed HUD 202 building - Crest View Corporation is requesting .5 spaces per unit, which will require a variance; · Section 9.116(2)(d) states that parking must meet required front yards, which is 30 feet - Crest View Corporation requests to locate parking stalls in the front yard, which requires a variance. · Section 9.116(6)(d) states that there shall be provided adequate off-street loading space for all buildings which require receipt or distribution of material by vehicle. The following summarizes lot width and yard requirements in the R-3 district (Section 9.109(4)) · Structure Height shall not exceed three (3) stories - Proposal meets or exceeds this requirement Front yard shall be 30 feet or more - proposal meets or exceeds this requirement; · Side yard shall be 1/4 the height of the building or 10 feet, whichever is greater - variance required; 0_.~: 9804-20 Page 3 Rear yard shall be ~A the height of the building or 20 feet, whichever is greater - variance required; Floor area requirements per dwelling unit shall be 600 square feet for one-bedroom apartments and 720 square feet for two-bedroom apartments - proposal meets or exceeds this requirement; Minimum lot width shall be 70 feet - proposal meets or exceeds this requirement; Minimum lot area shall be 10,000 square feet - proposed lot area is approximately 35,215 square feet, which exceeds this requirement. Conditional Use Permit: Crest View Corporation requests a Conditional Use Permit for a new HUD 202 40 unit Senior Housing Complex (retirement home) at 1675 44~ Avenue NE. Section 9.109(2)(h) of the Zoning Ordinance requires a Conditional Use Permit for the construction of retirement homes in the R-3 Multiple Family Residence District. This section of the ordinance states that the site shall contain not less than 400 square feet of lot area for each person to be accommodated and buildings are required to be 25 feet or more fi.om a lot line of an abutting lot in an "R" District. The proposed lot contains over 35,000 square feet, which exceeds the lot area requirement. Strict enforcement of the 25 foot setback fi.om a lot line abutting an "R" district would require that the building be set back 25 feet from the newly created property lines because the existing Crest View property is zoned residentially. However, that requirement can be interpreted to be intended to create a buffer between the proposed use and adjacent residential property under different ownership. It is my interpretation that the proposal meets the intent of this requirement. Section 17, Performance Standards, of the Zoning Ordinance requires the following: · Solid waste material shall be so located and fenced as to be removed from public view; · Mechanical equipment located on the roof of any building shall be screened with material designed to blend harmoniously with that building's facing material so that such equipment is not visible at street level or fi.om neighboring properties; · Lighting shall be directed away from adjoining properties and public right-of-way; · Water mn-off shall be channeled into a storm drain, water course, ponding area or other suitable facility. Prior to the issuance of any building permits, the following plans will need to be reviewed and approved: building plans, lighting plan, grading and drainage plan, and an erosion control plan. These plans will be reviewed by various departments, including Fire, Engineering, and the Building Official. Variances: Along with the Conditional Use Permit and lot split, six variances are being requested to allow the development of the HUD 202 building as proposed. The following summarizes these six requests. Cas~: 9804-20 Page 4 Variance !.. A request for a variance from the strict requirements of Section 9.116(4)(0 of the Zoning Ordinance, which requires two parking malls for each dwelling unit, to allow .5 stalls for each unit. The requirement is 80 parking stalls. Crest View Corporation is proposing 20 parking spaces, plus two handicap spaces. As a result, a variance of 60 parking spaces is requested. The closest category in the Zoning Ordinance for determining parking for this type of use is Multiple Family. These requirements can be considered strict as many Seniors do not drive. Also, considering the existing configuration of the Crest View complex and the proposal for shared parking, providing the required 80 spaces on the newly created lot would not be practical. According to the site plan submitted with the application, there are 184 total parking spaces available on the campus including the proposed spaces. Variance 2. A request for a variance from the strict requirements of Section 9.116(2)(d) of the Zoning Ordinance, which states that parking must meet required front yards according to the district in which such parking is located. The front yard setback requirement is 30 feet in the R-3 Multiple Residence District. Crest View Corporation is requesting a variance of 30 feet to allow parking in the front yard. Based on the configuration of the existing buildings and the HUD 202 requirement that a separate lot be created for the proposed building, it would not be practical to design the complex in a manner that would not allow parking in a front yard. Part of the proposal is to construct two approximately 8foot wide enclosed walkway links to existing buildings in the complex. These links will require variances, as explained below. Variance 3. A request for a variance from the strict requirements Section 9.109(4)(a)(iv) of the Zoning Ordinance, which requires a 10 foot side yard setback. A variance of 10 feet is requested from the side yard setback requirement to allow a zero foot side yard setback for the construction of the link between the existing Crest View Nursing Home building and the proposed HUD 202 building. Variance 4. Section 9.109(4)(a)(v) of the Zoning Ordinance requires a 20 foot rear yard setback. A variance of 20 feet is requested from the rear yard setback requirement to allow a zero foot rear yard setback for the construction of the link between the existing Royce Place building and the proposed HUD 202 building. Variance 5. A variance of I0 feet will be required from the side yard setback requirement to allow a zero foot side yard setback on the remainder lot after the lot split for the link from Royce Place to the proposed HUD 202 building. Variance 6. A variance of 10 feet will be required from the side yard setback requirement to allow a zero foot side yard setback on the remainder lot after the lot split for the link from the Crest View Lutheran Home to the proposed HUD 202 building. The links addressed in variances 3 through 6 are needed to maintain the campus atmosphere and Cas~: 9804-20 Page $ to provide easy mobility between buildings in the Crest View complex for residents, staff, and visitors. Lot Split: Crest View Corporation requests a lot split and plat of the property located in part of the Northeast Quarter of Section 36, Township 30, Range 24, Anoka County, Minnesota for Crest View Corporation. The proposed site address is 1675 44~ Avenue NE. The proposed lot will be approximately 35,215 sq. ti., and will contain the HUD 202 40 unit Senior Housing Complex (retirement home). The following summarizes lot width and yard requirements in the K-3 district (Section 9.109(4)), which pertain specifically to the lot split application: Minimum lot width shall be 70 feet - proposal meets Or exceeds this requirement; Minimum lot area shall be 10,000 square feet - proposed lot area is approximately 35,215 square feet, which exceeds this requirement; Setback requirements which are listed above require variances for the proposed links between existing and proposed buildings. Typically, when subdividing property regular-shaped (grid-type pattern) lots are preferred. However, considering the existing configuration of the property, the irregular shaped lots are needed to meet building setback requirements. The principal structures will meet setback requirements, but the requested links will need variances. Plat: Information has not been provided for review of the plat. Compliance with Cit~ Comprehensive Plan: The City of Columbia Heights Comprehensive Plan designates the subject property for High Density Residential. One of the policies of the Population, Households and Employment Plan states the following: "Providing attractive options for senior citizens who might desire to move out of their detached house." Also, a goal of the Housing Plan is to upgrade and improve attractive multiple-family housing for those segments of the population that cannot afford or do not desire to live in detached housing. Policy # 5in this plan states the following: "The City shall continue to promote and protect equal housing opportunity in publicly assisted and private housing." The proposal is consistent with the City Comprehensive Plan. Summa~_ : The positive aspects of this proposal are as follows: 1. The proposal in consistent with the City Comprehensive Plan. 2. The proposal will provide needed housing options for Iow income Seniors. 3. The proposed structure will be compatible with the character of the surrounding area. 4. The proposed lot split will be used to meet HUD 202 financing requirements, and Crest View Cas~: 9804-20 Page 6 Corporation will plat the property which will simplify legal descriptions for the entire property. The negative aspects of this proposal are as follows: 1. The proposed lot configuration is not ideal, but it maximizes the space available. Staff Reeommendations: Conditional Use Permit: following conditions: 1. 2. CONCLUSION Staff recommends approval of the Conditional Use Permit with the Solid waste material shall be so located and fenced as to be removed from public view; Mechanical equipment located on the roof of any building shall be screened with material designed to blend harmoniously with that building's facing material so that such equipment is not visible at street level or from neighboring properties; Lighting shall be directed away from adjoining properties and public right-of-way; Water mn-off shall be channeled into a storm drain, water course, ponding area or other suitable facility. Prior to the issuance of any building permits, the following plans will need to be reviewed and approved: building plans, lighting plan, grading and drainage plan, and an erosion control plan. All required state and local codes, permits and inspections will be met and in full compliance. All loading and unloading must be performed on site and not encroach into the public right-of-way. Variances: Staff recommends approval of all 6 variances. Lot Split: Staff recommends approval of the Lot Split as it meets or exceeds the requirements of the Zoning Ordinance and is in compliance with the City Comprehensive Plan. Plat: Staff recommends that the Planning and Zoning Commission table the plat request until the applicant provides the necessary information. Recommended Motion: Move to recommend approval of the Conditional Use Permit to allow a low income Senior Housing Complex (retirement home) in the R-3 zoning district, subject to the following conditions: 1. Solid waste material shall be so located and fenced as to be removed from public view; 2. Mechanical equipment located on the roof of any building shall be screened with material designed to blend harmoniously with that building's facing material so that such equipment is not visible at street level or from neighboring properties; 3. Lighting shall be directed away fi'om adjoining properties and public right-of-way; 4. Water mn-off shall be channeled into a storm drain, water course, ponding area or other Cas~: 9804-20 Page 7 suitable facility. All required state and local codes, permits and inspections will be met and in full compliance. All loading and unloading must be performed on site and not encroach into the public right-of-way. Move to recommend approval of variances to Sections 9.116(4)(0, 9.116(2)(d), 9.109(4)(a)(iv), 9.109(4)(a)(v) because strict adherence to the provisions of this Ordinance would create a hardship to the landowner. Move to recommend approval of the lot split, as it meets the requirements of the Zoning Ordinance and is compatible with the Comprehensive Plan. Move to table the plat request until Crest View Corporation provides the necessary information. CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 PLIIEiiflIilE AIIIO ZOIlll/~, COlitliWi$$1OIIt NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, April 7, 1998. The order of business is as follows: A request for a Conditional Use Permit for a new HUD 202 40 unit Senior Housing Complex (retirement home) at 1675 44th Avenue NE. Section 9.109(2)(h) of the Zoning Ordinance requires a Conditional Use Permit for the construction of retirement homes in the K-3 Multiple Family Residence District. A request for a variance from the strict requirements of Section 9.116(4)(f) of the Zoning Ordinance, which requires two parking stalls for each dwelling unit, to allow .5 stalls for each unit. The requirement is 80 parking stalls. Crest View Corporation is proposing 20 parking spaces, plus two handicap spaces. As a result, a variance of 60 parking spaces is requested. A request for a variance from the strict requirements of Section 9.116(2)(d) of the Zoning Ordinance, which states that parking must meet required front yards according to the district in which such parking is located. The front yard setback requirement is 30 feet in the R-3 Multiple Residence District. Crest View Corporation is requesting a variance of 30 feet to allow parking in the front yard. A request for a variance from the strict requirements of Section 9.109(4) of the Zoning Ordinance to allow zero foot side and rear yard setbacks to allow the construction of two approximately eight foot wide enclosed walkway links to existing buildings in the complex. Section 9.109(4)(a)(iv) of the Zoning Ordinance requires a 10 foot side yard setback. A variance of 10 feet is requested from the side yard setback requirement to allow a zero foot side yard setback for the construction of the link between existing buildings and the proposed HUD 202 building. Section 9.109(4)(a)(v) of the Zoning Ordinance requires a 20 foot rear yard setback. A variance of 20 feet is requested from the rear yard setback requirement to allow a zero foot rear yard setback for the construction of the link between existing building.s and the proposed HUD 202 building. Variances of 10 feet will be requked from the side yard setback requirement to allow a zero foot side yard setback for the links to the existing buildings on the existing lots, in addition to the newly created lot. A request for a lot split and plat of the property located in part of the Northeast Quarter of Section 36, Township 30, Range 24, Anoka County, Minnesota for Crest View 550 40~'~ AVENUE N.E, COLU~iBZA HEZGHT$, ~ 55421 PHO~ (612) 782-2817 THE Cl~ OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILI~ IN EMPLOYMENT OR THE PROVISION OF SERVICE5 E~UAL OPPORTUNI~ EMPLOYER Page Corporation. The proposed site address is 1675 44v" AvenueNE. The proposed lot will be approximately 35,215 sq. i~., and will contain the proposed HUD 202 40 unit Senior Housing Complex (retirement home). Notice is hereby given that ali persons having an interest will be given an opportunity to be heard. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Wait Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, extension 209, to make arrangements. (TDDI782-2806 for deaf only.) CITY COUNCIL LETTER Meetin8 of: June 8, 1998 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.' CITY MANAGER NO: ti Communit7 Development APPROVAL ITEM: Variance BY: JoeHollman ~/-/~7g BY: NO: Case # 9805-24, 5055 Madison St. NE DATE: June 3, 1998 Issue Statement: The applicant requests a variance to Section 9.104(5) of the Zoning Ordinance to allow the construction ora detached garage at 5055 Madison Street. This section requires that a garage be designed so that if the vehicle entry door is facing a street or alley, the distance between the door and the lot line shall be twenty (20) feet or more. The proposal is to construct a 24' x 28' (672 square foot) detached garage with the vehicle entry door facing 51st Avenue set back thirteen (13) feet from the lot line. This will require a variance of approximately seven (7) feet. An existing 12' x 22' garage and 7' x 22' shed will be torn down. The proposed location of the new garage will keep the from building line the same as the existing garage and house. The addition would expand the footprint of the garage on the east, west, and south sides, while not encroaching any further toward 51st Avenue. Background: This case was heard during the May 5 Planning and Zoning Commission meeting. During this meeting, the applicant explained that there is a large oak tree near his property line that is a concern. He stated that construction of the garage at the required location may damage its root system. It is his opinion that the tree is more likely to remain healthy if the garage is constructed away from the trunk. The request was tabled until the June 2 meeting, and staff was directed to visit the site to determine if the tree location constitutes a hardship. On May 13 staff visited the site. That visit revealed three items. 1) There is a very large oak tree in the area that appears to be located on the adjacent property to the south. Please refer to the attached memo from Mr. McClanahan regarding the potential impact of construction on the health of the oak tree. 2) There is also a smaller birch tree in the area that Mr. Horishnyk would like to protect. This tree is not located right where the garage would be constructed, but it would be very dose to the required location. 3) Along with these trees, there is a vegetated area consisting of shrubbery and brush along the south property line that Mr. Horishnyk would also like to maintain. It appears that this area would be negatively impacted if the garage were constructed at the required location. Section 9.105(3)(d) states the following: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." In order for a variance to be granted, hardship needs to be established. There is not a clear determination of hardship on the property. However, based on the site visit and the Zoning Ordinance definition of hardship, it is staff opinion that there is enough evidence on the site to prove that a hardship does exist. Hardship being tree location and number on the lot. The Planning and Zoning Commission voted unanimously to recommend approval of the variance because tree location and number on the lot create a hardship. Attached, please fred the following information: Memo from Mr. Lauren McClanahan; Completed application form; Site Plan; and, Public Notice. Recommended Motion: Move to approve the variance of seven (7) feet to allow the construction of a garage with the vehicle entry door thirteen (13) feet from the property line at 5055 Madison Street NE because tree location and number on the lot create a hardship. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Public Works Department 1998 TO: FROM: SUBJECT: DATE: JOE HOLLMAN PLANNER LAUREN McCLANAHAN PUBLIC WORKS DIRECTOR/CITY ENGINEER CONSTRUCTION OF GARAGE AT 5055 MADISON STREET MAY 15, 1998 The owner of 5055 Madison Street is concerned about adversely affecting the health of a large oak tree that appears to belong to 5049 Madison Street if he is required to build his new garage in compliance with zoning and planning regulations. In my capacity as City Forester, I believe that any construction that distUrbs the root system of a tree will have some affect on the health of the tree. In a developed area it is almost impossible to construct anything without damaging some tree roots as they can extend out well beyond the canopy of the tree. The best you can hope for, in most cases, is to minimize the amount of damage that is done and hope for the best. To minimize soil compaction, it is recommended that 6 to 8 inches of wood chips be placed in the area around the tree where equipment will be operating. Although we are unable to determine what affect the construction of a new garage will have on the health of the oak tree, many trees survive and flourish under adverse conditions. An example of such trees would be boulevard trees. The street is on one side and sidewalk is on the other. If you have further questions, please feel free to call me at ext. 891. LMcC:jb 98-162 Applicat£on For: lezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other CITY OF COLUHBIA HEIGHTS Application Date, 1. Street Address of Subject Property, 'Legal Descr£pt£on of Subject Property: Descr£ptlon of Request: -? Ovne r: Name: Address: Phone: Applicable City Ordinance Number Present Zon£ng ~-{ Present Use Proposed Zoning. Proposed Use 8. Exhibits Submitted (maps, diasrams, etc.). Acknowledgment and Si~nature:. The unders~Kned hereby represents upon all of the penalties of law, ~or the purpose of inducing ~he City of Columbia He£ghts to take =he action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with ~he Ordinances of ~he City of Columbia Heishts and the laws of the Sta~e o~ ~$nges%t~. Taken By:_ , I ~ i i I ~ ..... I II II CERT I F I CATE 'OF SURVEY KURTH SURVEYINg. INC. 4002.,JEFFERSON ST. N.E, 0 SCALE i ~ ~ ~A~ 0~0 51 ST AVE. / LOT IRON EXISTING HOME · LOT IRON EXISTING GARAGE tS SET BACK 1 3' FROM PROPERTY LINE FROM 51 ST AVE. VARIANCE REQUEST IS TO EXPAND GARAGE FROM THE THE SAME SET BACK DISTANCE EXISTING GARAGE AS WILL AS MY HOME, NEIGHBORS GARAGE & HOME ARE 23' FROM THE CURB 1 O' SET BACK FROM CURB IS ON THIS LINE) ':;(!:~: :',:..:Z~::::.: ?i:(i '" i EXiSTIN® I II PROPOSEDGARAGE 24:X28'· ~ L GARAGE 12722' 3' SE BACK FOR NEW GARAGE ! LOT ION CITY OF COLUMBIA HEIGHTS (!') 590 40TH AVENUE N.E;., COLUMBIA HEIGHTS, MN 55,421-;3878 (612) 782-2800 TDD ?e2-2.806 PLAIiIIVilVG AIVD ZOiiIIlV$ £OMMI$$1OIV NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall at 590 N.E. 40th Avenue at 7:00 p.m. on Tuesday, May 5,.1998. The order of business is as follows: A request for a variance to Section 9.104(5) of the Columbia Heights Zoning Ordinance to allow the construction of a detached garage at 5055 Madison Street. This section requires that a garage be designed so that if the vehicle entry door is facing a street or alley, the distance between the door and the lot line shall be twenty (20) feet or more. The proposal is to construct a 24' x 28' (672 square feet) detached garage with the vehicle entry door facing 51~ Avenue set thirteen (13) feet from the lot line. This will require a variance of seven (7) feet. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, extension 209, to make arrangements. (TDDI782-2806 for deaf only.) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF' DISABILITY IN EMPLOYMENT OR THE PROVISION OF' SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL LETTER Meeting of: June 8, 1998 AGENDA SEC'rlON: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: ~ Community Development APPROVAL ITEM: Conditional Use Permit ~7°~'~,~ BY: Joe Hollman <:~7'~ BY: NO: Case # 9806-26, 4757 Central Ave. NE DATE: June 3, 1993 Issue Statement: The applicant requests site plan approval and a Conditional Use Permit to open a combination Subway Restaurant and TCBY in the former Peaking Palace Restaurant at 4757 Central Avenue NE. Plans indicate that the entire building will be divided into three separate commercial operations. The Subway/TCBY will share space, utilizing roughly 2,150 square feet of the approximately 4,846 square foot building. There will be a drive-up window and an outdoor patio for use by restaurant patrons. Background: Restaurants are allowed as a Conditional Use Permit in the RB, Retail Business District. According to Section 9.113(2) of the Zoning Ordinance, a Conditional Use Permit will be required if the proposed use contains a restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103(63). The proposal meets all minimum Yard and Density Requirements, and the proposed site plan meets the required number of parking spaces for the Subway/TCBY. Note that one additional handicap accessible space will need to be provided. Also, there are 19 spaces on the west side of the property that do not meet the dimensional requirements as established in the Zoning Ordinance (9' x 20'). The 9'x 18' spaces along the western edge of the building will be extended to 9' x 20' by striping, and the 9' x 15' spaces along the western edge of the parking lot will need to be brought into compliance. These 12 spaces are located in the front yard setback requirement which is not allowed. These spaces will be brought into compliance by removal and possibly relocating those spaces, or a variance applicalion will need to be made. The proposed method of circulation on the site appears to be adequate, as do the proposed methods of landscaping and lighting. Note that a landscaping and screening plan and a lighting plan will need to be submitted, reviewed, and approved by staff. Also, there is a 9 foot wide drive-thru lane proposed with stacking space for approximately 4 vehicles. It was suggested by the Planning and Zoning Commission that this lane be widened to 12 feet. Snow storage is not specifically regulated in the Zoning Ordinance, but the proposed locations for snow storage as indicated on the site plan appear to be sufficient. Also, there is an outdoor patio proposed which will contain additional seating. There will be a curb separating the patio from the parking spaces and drive aisles, and this patio will also need to be separated from the surrounding parking lot by a protective barrier. The applicant does plan to insert bollards around the patio. The proposal is in compliance with the City Comprehensive Plan. The Planning and Zoning Commission held a public hearing on the request on June 2. They voted unanimously to recommend City Council approval of the Conditional Use Permit, subject to the Conditions listed in the recommended motion. They also voted unanimously to approve the site plan, subject to 2 conditions: 1. Stripes designating parking spaces along the western edge of the building be extended to comply with the 9' x20' requirement; and, 2. The 12 parking spaces along the western edge of the property be brought into compliance through removal and relocation, or application for variances will need to be made. Attached, please find the following information: Staff report to the Planning and Zoning Commission; Completed application form; Elevation views; Site Plan; Floor Plans; and Public Notice. Case #9806-26, 4757 Central Ave. NE Page 2 Recommended Motion: Move to approve the Conditional Use Permit to allow the operation of a Subway Restaurant and TCBY Restaurant in the Retail Business Zoning District at 4757 Cemral Avenue, subject to the following conditions: 1. All required state and local codes, permits, and inspections including, but not limited to building permits, fire code, and health department regulations will be met and in full compliance. Mechanical equipment located on the roof of the building and waste material storage shall be located and screened in a manner consistent with the Zoning Ordinance. 3. Light directed onto adjoining properties and public streets shall not exceed three (3) foot candles. 4. Water mn-off shall be channeled into a storm drain, water course, ponding area or other suitable facility. 5. Future tenants will be required to comply with all required state and local codes, permits, and inspections. 6. A landscaping plan will be reviewed and approved by staff. COUNCII~ ACTION: CITY OF COLUMBIA HEIGHTS ,~90 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN S~421 -:3878 (6 'l 2) 782-2800 TDD 782-2806 Case: 9806-26 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE JUNE 2, 1998 PUBLIC HEARING Case #: 9806-26 GENERAL INFORMATION Owner: Larry MacDonald Address: 2501 Central Ave. NE Minneapolis, MN 55318 Phone: 789-4989 Parcel Address: 4757 Central Avenue NE Zoning: KB, Retail Business Comprehensive Plan: C - Commercial Applicant: Larry MacDonald 2501 Central Ave. NE Minneapolis, MN 55318 789-4989 Surrounding Zoning and Land Uses: Zoning North: RB Land Use North: Commercial South: KB South: Commercial East: RB East: Commercial West: Hilltop West: Commercial BACKGROUND Explanation of Request: The applicant requests site plan approval and a Conditional Use Permit to open a combination Subway Restaurant and TCBY in the former Peaking Palace Restaurant at 4757 Central Avenue NE. Plans indicate that the entire building will be divided into three separate commercial operations. The Subway/TCBY will share space, utilizing roughly 2,150 square feet of the approximately 4,846 square foot building. There will be a drive-up window and an outdoor patio for use by restaurant patrons. Case Histo~: There were two pertinent zoning cases on the property in 1989. Case 8903-06 was a Conditional Use Permit to allow the remodel and operation ora 163 seat restaurant and Case 8905-17 was a Site Plan Approval to allow the construction of a 10' x 32' addition to the rear of the building. This building was damaged by fire on December 2, 1997 and is in need of extensive remodeling THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION Of SERVICES EQUAL OPPORTUNITY EMPLOYER Case: 9806-26 Page: 2 which is being done by the applicant. ANALYSIS Surrounding Property: The surrounding property on the north, south and east is zoned KB, Retail Business and is used commercially. The property to the west is in the City of Hilltop and is used commercially. This site contains the former Peaking Palace Restaurant. Reuse of this building will enhance the character of the surrounding property. Technical Review: Restaurams are allowed as a Conditional Use Permit in the KB, Retail Business District. According to Section 9.113 (2) of the Zoning Ordinance, a Conditional Use Permit will be required if the proposed use contains a restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103(63). Minimum Yard and Density Requirements are as follows: Lot Width shall be at least 50 feet - subject parcel is 162.69 feet wide; ,, Lot Area shall be at least 6,000 square feet - subject parcel is 47,713 square feet; Front Yard Setback shall be 15 feet - existing structure exceeds this requirement; There shall be at least one 10 foot side yard, the other side yard can be zero feet - property has one side yard of about 4.4 feet and the other exceeds the 10 foot requirement; Rear Yard Setback shall be 10 feet - existing building exceeds this requirement; ,- The floor area ratio shall not exceed 1.0 - the property has a floor area ratio of approximately. 1, which exceeds this requirement; ,, Need minimum frontage of 40 feet - subject parcel has 162.69 feet of frontage along Central Avenue. Parking and Loading: Parking for a restaurant requires at least one (1) space for each three (3) seats based on capacity design or where there is no design layout, one (1) space for each thirty-five (35) square feet of gross floor area. The design layout indicates 56 seats which requires 19 parking spaces. There are 64 total parking spaces proposed on the site and two handicap accessible parking spaces indicated near the southwest comer of the building. The patio will accommodate approximately 12-15 additional seats which requires an additional 3-4 parking spaces and there is a 148 square foot office which will require one (1) parking space. The Subway/TCBY will require between 20- 25 total parking spaces out of the 64 proposed spaces. This leaves a large amount of available parking for future tenants. One (1) handicap accessible space is required for every 25 regular spaces, so one (1) more handicap accessible space will need to be provided. This issue was discussed with the applicant and he does plan to add another handicap accessible space. Also, one (1) will need to be a van accessible space which is indicated on the site plan. The site plan indicates that 19 existing parking spaces do not meet dimensional standards for Case: 9806-26 Page: 3 parking spaces and 45 new spaces that will meet requirements. The required dimensions of a parking space are 9' x 20'. The 9' x 18' spaces along the western side of the building can easily be extended into 9' x 20' spaces just by striping. There are 12 spaces with 9'x 15' dimensions located along the western property line. This area is considered the front yard for the property. Section 9.116 of the Zoning Ordinance requires that parking areas meet front yard setback requirements. A variance will be needed to keep the parking in this location. Also, the dimensions will need to be extended to meet the 9' x 20' requirement or a variance from this requirement will be needed. This dimensional increase would create an 18' drive aisle which is narrow for 90 degree parking design. Typically, a 22 or 24 foot aisle is desired, but the Zoning Ordinance does not regulate the width of drive aisles. One alternative worth exploring is the potential to remove and relocate those parking spaces on the site. The 12 spaces are not needed for this proposal, but will more than likely be needed for future tenants. The applicant has been advised of this issue and he is evaluating possible options with his architect. Loading requirements are as follows: A loading berth shall be not less than 12 feet in width, 25 feet in length and 14 feet in height and, for retail sales and service stores at least one berth for each building having 2,500 - 6,000 square feet. There is one 12 x 25 loading berth indicated on the site plan on the east end of the building. Circulation: The site will continue to utilize the existing ingress/egress route. The plan indicates that there will be 16 foot wide one-way drive aisles on the north side of the parking lot. A typical aisle width for 45 degree parking as shown on the site plan is 13 feet when there is parking on one side of the aisle. There is also an existing 25 foot aisle between the 90 degree parking spaces on the west side of the site. The proposed method of traffic circulation on the site appears to be adequate. Landscaping~Screening: All open off-street parking areas shall provide a bumper curb of 5-7 inches high around the perimeter of the parking area and a curb of no less than five (5) feet from a building that has parking around it. Also, a curb of 5-7 inches high is required along the front yard setback line, and grass or planting shall occupy the space between the right-of-way line and curb. If the parking remains in the front yard, a variance from this requirement will be needed. Solid waste material shall be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. The site plan indicates an enclosed area off.the northeast comer of the building for storage of refuse. Also, mechanical equipment located on the roof of any building shall be screened with material designed to blend harmoniously with that building's facing material. Parking areas for 21 spaces or more shall have 200 square feet of landscaped area for each 20 spaces. There is a five foot wide island containing a conifer screen proposed along the northern property line and two vegetated islands located on the east and west sides of the 26 space parking area north of the building. The combination of these vegetated islands comply with this requirement. Lighting: All lighting used to illuminate an off-street parking area shall be shaded or diffused so as to reflect the light away fi.om the adjoining property and away fi.om abutting traffic flow. Also, glare of an intensity exceeding three (3) foot-candles at the boundary of the site, directed onto adjoining properties or onto a public street shall not be permitted. The site plan indicates five (5) light pole fixtures around the property. A lighting plan will be submitted, reviewed and approved by staff during the building permit review and approval process. Other: A nine (9) foot wide drive-thru lane is proposed with stacking space for approximately four (4) vehicles. The Zoning Ordinance does not specifically address lane widths or stacking spaces. However, it would seem that nine (9) feet is not enough space for a convenient drive-thru service. This nine (9) foot aisle will be designated with pavement markings rather than a curb which will allow for wider vehicles to pass through and for snow storage. Stacking space for 4 vehicles should be enough and it appears that there is ample space on the lot for any overflow without impeding traffic circulation. There is an outdoor patio proposed which will contain additional seating. The site plan indicates that this area will cover approximately 450 square feet with screening on the western edge and also along the building. There will be a curb separating the patio from the parking spaces and drive aisles. This patio should be separated from the surrounding parking lot by a protective barrier to separate patrons fi.om vehicle traffic. The applicant does plan to insert bollards around the patio. The site plan indicates that there will be 4 separate areas for snow storage. The Zoning Ordinance does not contain specific size or area requirements for snow storage, but it appears that these areas will provide adequate space for snow storage. Specific plans for signage have not been submitted. A sign permit application will need to be submitted, reviewed and approved by staff prior to erecting any signage. Note that the site plan does indicate a free-standing sign located within the front yard on the western edge of the property. However, free-standing signs are required to meet front yard setbacks so the sign can not be placed in this location without a variance. The applicant has been notified of this requirement. Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for future Commercial development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods, and the Plan promotes the rehabilitation of existing development land in the City. The prolSosal will not negatively impact any nearby residential areas and will provide an appropriate reuse of an existing building, so the proposal is consistent with the City Comprehensive Plan. Surnmarv: The positive aspects of this proposal are as follows: 1. The proposal is consistent with the City Comprehensive Plan. 2. Keuse of the building will enhance the character of the surrounding area. Case: 9806-26 Page: 5 The negative aspects of this proposal are as follows: There do not appear to be any negative aspects to this proposal. CONCLUSION Staff Recommendation: Staff recommends approval of the Site Plan Review provided the parking along the western edge of the building be extended to 9' x 20' and the 12 parking spaces along the western edge of the property be brought into compliance. Staff recommends approval of the Conditional Use Permit for a Subway/TCBY Restaurant in the KB, Retail Business District, subject to the conditions listed in the recommended motion. Recommended l~otions: Move to approve the Site Plan to allow the operation ofa Subway/TCBY Restaurant in the Retail Business Zoning District at 4757 Central Ave., subject to the following conditions: 1. Stripes designating parking spaces along the western edge of the building be extended to comply with the 9' x 20' requirement. The 12 parking spaces along the western edge of the property be brought into compliance through removal and relocation, or application for variances will need to be made. Move to recommend City Council approval of the Conditional Use Permit to allow the operation of a Subway Restaurant and TCBY Restaurant in the Retail Business Zoning District at 4757 Central Avenue, subject to the following conditions: 1. All required state and local codes, permits, and inspections including, but not limited to building permits, fire code, and health department regulations will be met and in full compliance. Mechanical equipment located on the roof of the building and waste material storage shall be located and screened in a manner consistent with the Zoning Ordinance. Light directed onto adjoining properties and public streets shall not exceed three (3) foot candles. Water mn-off shall be channeled into a storm drain, water course, ponding area or other suitable facility. Future tenants will be required to comply with all required state and local codes, permits, and inspections. Attachments: · Completed application form and Public Notice · Elevation views, Site Plan, and Floor Plans Lighting: All lighting used to illuminate an off-street parking area shall be shaded or diffused so as to reflect the light away fi'om the adjoining property and away from abutting traffic flow. Also, glare of an intensity exceeding three (3) foot-candles at the boundary of the site, directed onto adjoining properties or onto a public street shall not be permitted. The site plan indicates five (5) light pole fixtures around the property. A lighting plan will be submitted, reviewed and approved by staff during the building permit review and approval process. Other: A nine (9) foot wide drive-thru lane is proposed with stacking space for approximately four (4) vehicles. The Zoning Ordinance does not specifically address lane widths or stacking spaces. However, it would seem that nine (9) feet is not enough space for a convenient drive-thru service. This nine (9) foot aisle will be designated with pavement markings rather than a curb which will allow for wider vehicles to pass through and for snow storage. Stacking space for 4 vehicles should be enough and it appears that there is ample space on the lot for any overflow without impeding traffic circulation. There is an outdoor patio proposed which will contain additional seating. The site plan indicates that this area will cover approximately 450 square feet with screening on the western edge and also along the building. There will be a curb separating the patio from the parking spaces and drive aisles. This patio should be separated from the surrounding parking lot by a protective barrier to separate patrons from vehicle traffic. The applicant does plan to insert bollards around the patio. The site plan indicates that there will be 4 separate areas for snow storage. The Zoning Ordinance does not contain specific size or area requirements for snow storage, but it appears that these areas will provide adequate space for snow storage. Specific plans for signage have not been submitted. A sign permit application will need to be submitted, reviewed and approved by staff'prior to erecting any signage. Note that the site plan does indicate a free-standing sign located within the front yard on the western edge of the property. However, free-standing signs are required to meet front yard setbacks so the sign can not be placed in this location without a variance. The applicant has been notified of this requirement. Compliance with CiW Comprehensive Plan: The City Comprehensive Plan designates this area for future Commercial development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods, and the Plan promotes the rehabilitation of existing development land in the City. The prolSosal will not negatively impact any nearby residential areas and will provide an appropriate reuse of an existing building, so the proposal is consistent with the City Comprehensive Plan. Summary: The positive aspects of this proposal are as follows: 1. The proposal is consistent with the City Comprehensive Plan. Z. Keuse of the building will enhance the character of the surrounding area. CITY OF COLUMBIA HEIGHTS Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Fee: 70. r~u Date Paid S-~-'~ Receipt No: 370f9 3. Legal Description of Subject Or, Tie r: Addre s s: Phone: Description of Request: Zonin~: Applicable City Ordinance Number ~/~' Presen~ Zoning ~g r ~'--~C~' ( ~;~'~'r Presen= Use w~d~ Section Proposed Zoning --'-- Proposed Use 7. Reason for Request: Acknow!ed~ment and Siznature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heigh~ and the laws of =he State 7.~Ao=ap~, 4~ q~ Si~na:ure of Applicant: Date: 4- - . Taken By: CI:TY OF COLUMBIA HEIGHTS (l"} SOO 40TH AVENUE N.E.. COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 PLA/II/VIAIG ANB ZOAII~G Mar/a/ne Szure£ Chair James l~owler NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, June 2, 1998. The order of business is as follows: A request for a Conditional Use Permit and Site Plan Approval to allow the operation of a restaurant in the Retail Business Zoning District at 4757 Central Avenue. This is a proposal 4o revitalize the property which is the former location of the Peking Palace Restaurant. The proposed use is a Subway Restaurant and TCBY restaurant with two additional tenant spaces for future commercial uses. Section 9.113(2)(h) of the Retail Business District Section of the Zoning Ordinance requires a Conditional Use Permit for restaurants, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15), and prepared food delivery establishments. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. Planning and Zoning Commission CItY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782- 2800, extension 209, to make arrangements. (TDD/782-2806 for deaf only.) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS Of DISABILITY IN EMPLOYMENT OR THE PROVISION Of SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL LETTER Meetin~ of: June 8, 1998 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: e~ Community Development APPROVAL ITEM: Variance ~ '~" ~ BY: Joe Hollman ,e~7~ BY: NO: Case # 9806-28, 3844 Central Ave. DATE: June 3, 19~8 Issue Statement: The applicant requests a variance to Section 9.113(4)(e) which requires a minimum 15 foot front yard setback in the RB, Retail Business District to construct a sign with the leading edge of the base seven (7) feet from the property line. This will require a variance of eight (8) feet. Background: This is essentially a request to replace a sign that blew down during a wind storm in April. The original location of the sign was approximately one (1) foot from the property line. Note that this area had been zoned CBD, Central Business District until the area was rezoned to RB, Retail Business earlier this year. The front yard setback requirement in the CBD is one (1) foot. When the property was rezoned, the sign became legally nonconforming, but when it blew over it could not be reconstructed at the same location. The proposal is to construct a new sign that is 6 feet high and is approximately 6' x 4' with a 2' x 4' base between the two sidewalks. There are 2 crabapple trees that are located 15 feet off the property line on what would be the north and south sides of the new sign..Dr. Donsker is requesting a variance of 8 feet to locate the sign in front of these trees. The proposed sign meets all other requirements of the Sign Section of the Zoning Ordinance with the exception of the setback requirement. Section 9.105(3)(d) states the following: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." In order for a variance to be granted, hardship needs to be established. One concern is that a sign should not be allowed to encroach into a public right-of-way or interfere with traffic visibility. In this case, the sign will maintain a seven (7) foot setback which will not interfere with visibility or encroach into the right-of- xvay. Also, according to the applicant, both trees will need to be removed if the sign is constructed at the required setback, or the sign will not be visible. Due to tree location on the propen),, it is the opinion of staffthat a hardship does exist. The variance will allow the sign to be constructed in a visible location without the removal of two trees, and the sign will maintain a seven (7) foot setback which will not interfere with traffic visibility or encroach into the public right-of-way. There is a concern about a precedent being established regarding the location of all free-standing signs in the KB, Retail Business District. It does appear, however, that tree location creates characteristics that are unique to this property and will not apply to all KB zoned property. The Planning and Zoning Commission held a Public Heating for the request on June 2. They voted unanimously to recommend City Council approval of the variance. Attached, please find the following information: Completed application form; Diagram of proposed sign; Photo copy of pictures indicating old sign, requested location, and required location; Site Plan; and Public Notice. Recommended Motion: Move to approve the variance request of eight (8) feet to allow the construction of a sign seven (7) feet from the property line at 3844 Central Avenue, because strict adherence to the provisions of the Zoning Ordinance would require the removal of two trees which creates a hardship. COUNCIL ACTION: 5--1 ~,--lS98 ~; I?~M FROM COMMMNIT¥' DB"/. - CH 6127@228~,-' ~. 2 Pr£vacy Fence ,, Cond&~&onal Use Subd~vis~n Appcov&L Site ~ia~&pprov&l Or. her 2. LeF. al De.~ccipcicn o£ Sub~ec= Propecty= /--'-':'~ ~ Old"AC;': _ Proposed Zonin$ -- imm · Aclmovled~ment and S£~n,~ure: TAe u~ders£gned hereby represents upon all of ~he lC~i~ ~erei2 requestS, ~: ~1~ s~a~s her8~ R~e ~e ~d ths~ all work --.,=e.w.Q--,..,,.~C~e~a~!~h~O~.~ accoo~,~i,h',he~.; Ordi~ces of the City o,.C=l,,~/. T~ken ~7~ .... iii Robert J. Donsker, D.D.S. Family Dentistry 3844 Central Avenue Columbia Heights, Minnesota 55421 781-6976 N I I I 1 t , ~EI~HTS AI~IF.I TO I~II~1~0l, I$, ~oka C~m:~, NinneS~, OF COLUMBIA HEIGHTS (!---) 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421 -3878 (612) 782-2800 TDD 782-2806 Mattaine Szuml~, £hai~ Ga~7 ?etemon Tom Ram~dell NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall at 590 N.E. 40th Avenue at 7:00 p.m. on Tuesday, June 2, 1998. The order of business is as follows: A request for an eight (8) foot front yard setback variance to construct a new freestanding sign in the front yard of 3844 Central Avenue. Section 9.113(4) of the Retail Business District Section of the Zoning Ordinance requires a fifteen (15) foot front yard setback. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 98 hours in advance. Please call the City Council Secretary at 782-2800, extension 209, to make arrangements. (TDD/782-2806 for deaf only.) 590 40TH AVE~7UE N.E, CODUlVJ~IA ~rEIGHT$, t~N 55421 PHON'E (~12) 782-2817 FA~: (612) 782-2857 ~D (672) 782-2806 THE CiTY Of COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS Of DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER \ \ otto \ \ [: L 121' CITY COUNCIL LETTER Meeting of: June 8, 1998 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: e7 Community Development APPROVAL ITEM: Variance ~] ' ~ ~ ~" BY: Joe Hollman 9~at/~8 BY: NO: Case g 9806-30, 3859 Main St DATE: June 3, 1 Issue Statement: The applicant requests a variance to Section 9.104(5) of the Zoning Ordinance to allow the construction ora detached garage at 3859 Main St. NE. This section requires that a garage be designed so that if the vehicle entry door is facing a street or alley, the distance between the door and the lot line shall be twenty (20) feet or more. The proposal is to construct a 24' x 26' (624 square foot) detached garage with the vehicle entry door facing 39th Avenue NE set back eleven (11) feet from the lot line. This will require a variance of approximately nine (9) feet. Backeround: The site plan that was provided with the application indicates that the garage would be set back three (3) feet ten (10) inches from the east (rear) lot line and five (5) feet from the south (side) lot line, which meets requirements. The site plan does not indicate the distance from the proposed garage to the house but it appears that there is more than enough space to meet the six (6) foot setback requirement. The lot coverage on the property if the new garage were built would be just under 35%, which meets requirements. Section 9.105(3)(d) states the following: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." In order for a variance to be granted, hardship needs to be established. Because of the narrow shape of the tot, the garage can not be constructed in the required location and still meet required setbacks. There appears to be room on the property to face the vehicle entry door towards the alley and set the garage back 20 feet west of the alley, which would meet all setback requirements. However there is a tree located between the house and the proposed location of the garage that would need to be removed if the alternative plan were followed. Also, there is an existing access cut onto 39th Avenue. A second alternative is to decrease the size of the garage to possibly 22' x 20' or 22' x 22'. This would lessen the amount of the variance required. However, the applicant has based the size of the proposed garage on personal need. It is the opinion of staffthat the shape of the lot and tree location on the lot create a hardship. Also, Section 9.116(4) of the Zoning Ordinance requires that single family dwellings have at least two (2) parking spaces, one of which shall be a garage. The variance is necessary to construct a garage on the property which will bring it into compliance with this Section of the Ordinance. However, should the variance be granted, vehicles parked in the driveway will be partially parked on public right-of-way. The Planning and Zoning Commission held a Public Heating for the request on June 2. They voted unanimously to recommend City Council approval of the variance. Please find the following information attached: Completed application form; Site Plan; and Public Notice. Recommended Motion: Move to approve the variance of nine (9) feet to allow the construction of a garage at 3859 Main Street with the vehicle entry door eleven (11) feet from the property line because the shape of the lot and location of existing trees on the property create a hardship. COUNCIL ACTION: ' l,hdi~'~t~n A~roval '..' ..'v~.. · ..;.: : . ~-: ~ .:~a ..... ~-[ee=:~.~. ~ ~ '.Da~e Paid S,ree, Address o, ,ubJec, Proper,y, ~~ ~'~" ~~ 2. 'Lesal Description of Subject P.operty: ~/a ~a ~/~ ~} ~..~ Applicant Z oninK: Applicable City Ordinance Number 8. Exhibits Submitted (maps, diagrams, etc. ) Section Proposed Zoning ---" Acknowledgment and Signature: The undersigned hereby represents upon all of the penal~£es o£ law, ~or ~he purpose of inducing ~he City of Columbia Heights to ~ake ~he action herein requested, ~t all s~atemen~s here~ are ~e ~d tha~ all work herein men~ioned will be done ~ accord~ce vi~h '~e O~d~ces of ~he City of Col~bia Heights ~d ~he laws of ~he S~a~e o~ M~eso~a. LOT ~0, 15LOC~ iD0 i COLUMI:51~ HEIGHT5 ~kllJr::X TO MIkltJr:&POLl~ ~luo I~A. CouluTY CiTY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.B.. COLUMBIA HEIGHTS. MN 55421-3878 (612) 782-2800 TDD 782-2806 M~#ai~ Sx~ ~, Chair ~l~ Feterc .; NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chaml~ers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, June 2, 1998. The order of business is as follows: A request for a setback variance of nine (9) feet to allow the construction of a 24' x 26' (624 s.f.) detached garage at 3859 Main Street with the vehicle entry door facing 39t~ Avenue and set back eleven (11) feet from the lot line along 39~ Avenue. Section 9.104(5) of the Zoning Ordinance requires that a garage be designed so that if the vehicle entry door is facing a street or alley, the distance between the door and the lot line shall be twenty (20) feet or more. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment of employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, extension 209, to make arrangements. (TDD/782-2806 for deaf only.) 590 40TH AVENUE N.E, COLUlVIBIA HEIGArTs, M]V 55421 PHONE (612) 782-2817 FA Jr: (6!2) 782-2857 TDD (612) 782-2806 THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL LETTER Meetin8 off June 8, 1998 AGENDA SEC'rlON: Other Business ORIGINATING DEPT.: CITY MANAGER NO: ~ Community Development APPROVAL ITEM: Preliminary Plat Approval BY: Joe Hollman~t~ BY: NO: Case # 9801-02, 3701 Central A~venue . DATE: June 5, 1998 Issue Statement: The applicant requests a preliminary plat approval for Bobby and Steve's Autoworld. The plat consists of the following parcels: 3828 Central Ave. NE, 3816 Central Ave. NE, 3701 Central Ave. NE, 3817 Central Ave. NE, 3802 Reservoir Blvd., 3807 Central Ave. NE, and 3740 Reservoir Blvd. Background: The applicants submitted a request for preliminary and final plat approval for the January 6, 1998 Planning and Zoning Commission meeting. This case was tabled until the June 2, 1998 meeting. Due to a lack of time for staff, and Commission review, the request was again tabled for a special meeting to be held on June 4, 1998. After review of the revised preliminary and final plat (printed June 2, 1998), staffhad several recommendations for modifications. Please refer to the attached staff, report (entitled Attachment to Case #9801- 02) from the June 4 meeting to review these modifications. Please note that Section 9.403(4) of the Zoning Ordinance states that "No final plat shall be approved by the Council or signed by the Engineer or Clerk until three (3) copies of the complete final plat have been furnished to the City Clerk for City files." Based on this requirement the City Council will not be able to approve a final plat until all the required changes have been made. In particular, the utility relocate issue will need to be resolved and the location and size of the necessary easements have been approved by the City Engineer. The Planning and Zoning Commission held a Public Hearing for the request on June 4, 1998. They voted unanimously to recommend City Council approval of the preliminary plat, subject to final staff review and approval of the preliminary plat and drainage and grading plans. They also voted unanimously to recommend City Council approval of the final plat, subject to final staff review and approval of the final plat and drainage and grading plans, and provided that three (3) copies of the complete final plat have been furnished to the City Clerk for City files. Attached, please find a copy of the staff'report for the June 4 meeting, public notice, final plat (printed June 2, 1998), preliminary plat (printed June 2, 1998), and contour maps (printed June 2, 1998). Recommended Motion M--~ve ~o ap~ the preliminary plat for Bobby and Steve's Autoworld, subject to final st oval of the preliminary plat and drainage and grading plans and utility plans. Move to table the final plat for Bobby and Steve's Autoworld until such time that three (3) copies of the complete final plat have been furnished to the City Clerk for City files. COUNCIL ACTION: CiTY OF COLUMBIA HEIGHTS 590 40T. AVENUE bI.I~.~CD_~UMBIA HEIGHTS, MN S8421-3870 (612) 782-2800 TDD 782-2806 ~ to P~c 1 Applicant: Kequest: ATTACHMENT TO CASE #9801-02 JeffBahe & Bob Williams Preliminary and Final Plat Keview SUMMARY Background: The applicants submitted a request for preliminary and final plat approval for the January 6, 1998 Planning and Zoning Commission meeting. This case was tabled until the June 2, 1998 meeting. Due to a lack of time for staff and Commission review, the request was again tabled for a special meeting to be held on June 4, 1998. General Issues: Before beginning review of the revised preliminary and final plat, there are a few other issues that need to be addressed. These are listed below: · On the west site, storm water ponding will be partially provided on the roof of the building. Where on the building will this water be directed? · According to the drainage plan the loading door on the west side of the building facing the alley on the west site has been relocated since the site plan was approved. What is the reason for this relocation? · Any retaining wall over 4 feet in height will need to have a fence on top of the wall to keep people from stepping over the edge of the wall. Alley Design: The proposed alley was also discussed. Regarding the potential to cul-de-sac the alley, the City Engineer strongly recommends that the alley continue through to Reservoir Blvd. The possibility of moving the alley towards the south and having approximately a 4 foot and an 18 foot landscaped area on the south and north sides of the alley was discussed. It was determined that the best option is to leave the area as planned for 10 foot wide and 12 foot wide landscaped areas along both sides of the alley. This will leave enough room for snow removal and safe vehicle movement on the alley without getting too close to the edge of the retaining wall. Initial Plat Review: Based on previous review of the preliminary plat, the following changes needed to be made: · The Park 2 and Park 3 areas should be deleted as park dedication and be shown as alley right of way in the same size and dimensions, subject to the applicant performing maintenance and providing irrigation service to the landscaped areas (including a stub to the Park 1 property). This change was made and the irrigation system will need to be provided. · Revise the preliminary plat to include all required public easements and the proposed CITY OF COI. UMBIA JqI='IGHTS DOE.~ NOT DISCRIMINATE[ ON THE BASlc: OF DIe=ABILITY IN I='MPLOYMENT OR THE PROVISION OF =-ERVICE:E; E:QUAL OPPORTMNITY i='MPLOYt=R Attachment to Case ~801-02 Page2 location for relocated utilities including, but not limited to storm sewer, water, sanitary sewer, gas and electric. The location, size, type and elevation of all utility lines should be depicted. The amount of area in each block should also be corrected. Existing easements and utility lines have been shown, but the utility relocate issue has not been resolved. Current Review: Alter review of the revised preliminary and final plat (printed June 2, 1998), staff'has the following recommendations for modifications: On the preliminary plat (west site): Include a 10 foot utility and drainage easement along the property line abutting Central Avenue and a 5 foot utility and drainage easement along the side and rear property lines. On the preliminary plat (east site): Extend a 10 foot utility and drainage easement along the entire property line abutting Reservoir Blvd. and overlay this easement over the existing 10 foot sanitary easement. A 5 foot drainage and utility easement will be needed along Dr. Good's property to the north. This issue must be dealt with separate from the plat. Existing watermain and utility easements will need to be vacated. Having these easements located in front of the building as proposed is unacceptable. Note that vacation of these easements will be initiated in a time-frame that will be consistent with the abandonment of the utilities. The plat will need to be modified to show new easements along the western property line abutting Central Avenue and along the northern property line adjacent to Dr. Good's property. The minimum width and location of these new easements are dependent upon the utility relocates. These easements will be required in a location and size that are subject to approval by the Department of Public Works. On the final plat: There are no building setbacks shown on the Final Plat. The Zoning Ordinance requires that setbacks be shown. Signature block on the Final Plat for the City Clerk needs to read City Clerk. First signature block needs to say 1998 rather than 1997. There needs to be language on the final plat dedicating the alley and Park 1 properties for future public use. Lot and Block designations should read Lot 1, Block 1 and Lot 1, Block 2 rather than just the numerical designations. St_afl Recommendations: Staff recommends that the alley continue through to Reservoir Blvd. as shown on the approved site plan. Staff'also recommends approval of the preliminary and final plats, subject to the modifications listed above and final review and approval by staff, including the City Engineer, Planner, and Attorney. ~ to Case #ggO 1-02 Page 3 Please note that Section 9.403(4) of the Zoning Ordinance states that "No final plat shall be. approved by the Council or signed by the Engineer or Clerk until three (3) copies of the complete final plat have been furnished to the City Clerk for City files." Based on this requirement the City Council will not be able to approve a final plat until all the required changes have been made. Recommended Motions: Move to recommend City Council approval of the preliminary plat, subject to final staff'review and approval of the preliminary plat and drainage and grading plans. Move to recommend City Council approval of the final plat, subject to final staff'review and approval of the final plat and drainage and grading plans, and provided that three (3) copes of the complete final plat have been furnished to the City Clerk for City files. CITY OF COLUMBIA HEIGHTS 590 ZI. OTH AVENUE Iq.t='., COLUMBIA HEIGHTS, MN 55,421-3878 (612) 782-2800 TDD 782-2806 PLANNING AND ZONING COMMISSION MEMBERS GAO,' Petecson Tom Rernsdell NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall at 590 40~ Avenue NE at 7:00 p.m. on Tuesday, June 2, 1998. The order of business is as follows: A request to resume consideration for preliminary and final plat approval at 3701 Central Avenue NE and 3810-3842 Central Avenue. This request was tabled from the January 6, 1998 Planning and Zoning Commission meeting. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager jh The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, extension 209, to make arrangements (TDD/782-2806 for deaf only.) 590 40~ AVENUE N.E., COLUMBIA HEIGHTS, MN 55421 Phone (612) 782-2817 FAX: (612) 782-2857 TDD (612) 782.2806 THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES E:QUAI- OPPORTUNITY I-"'MPt_OYER CITY COUNCIL LETTER Meeting of June 8, 1998 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER / Fire APPROVAL NO: Rental License Revocation DATE: June 5, 1998 DATE: No: ? -c -7 The matter of the revocation of the License to operate a rental unit(s) within the City of Columbia Heights against Kurt Loewanthal & Susan Loewanthal regarding rental property at 1407-09 Circle Terrace for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of Sune 8, 1998. The public hearing on this property may now be closed in that staff has received a faxed request from Mr Grant Lindquist of Wold, Jacobs & Johnson, P.A. A copy of the request is attached. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Kurt Loewanthal & Susan Loewanthal Regarding Rental Property at 1407-09 Circle Terrace in that the License Holder of the Property has been Assigned a Conservator to Handle the License Holder's Affairs. COUNCIL ACTION: Close Hearing Council Letter 06/05×98 11:46 BARRISTERS TRUST BUILDIHG a 612 ?82 2801 WOLD, JACOBS & JOHNSON, P.A. Attoraey~ at Law June 5, 1998 Potsr 8. WOld' DaviO M. Jacobs Kelth O. Johnson" §rant R. J, Undquist K~m ~ohn H~mmo$ Llune E. Jaco~ 747 Third Awnw Suulh MHm~p0h~. MN 55415 e-mail wnld~ll rom ~ub~r~sd~ic MN 55~2 533-5337 · At~ licensed m °°Cwmhed ~ N%nne~,ul~ ,~t~Z, B;u &,tsoc~ai~un aS -~ Civil Trnl! Columbia Heights City Council ~90 40th Avenue N.E. Columbia Heights, MN 55421 VIA FAX AND U.S. MAIL 1407-1~09 Circle Terrace, Columbia Heights Conservatorship of Susan Loewenthal Our file no. 6102 Dear Honorable Council Members= I am writing to you regarding a pending license revocation proceeding for the above referenced rental property, for which a hearing is set for this Monday, June 8, 1998. I represent David M. Jacobs, who has recently been appointed Special Consez~zator of the estate of Susan Loewenthal, owner of this property. I understand that the license for =his property is in ~he name of Susan's husband, Kurt Loewenthal. However, Mr. Loewanthal has recently passed away. His death, along with the poor health and incapacity of Mrs. Loewenthal, has complicated the management issues of this property. As special conservator, Mr. Jacobs has the authority and duty to manage the conservatee's assets, including the above referenced rental property. I have enclosed a copy of the "Letters of Special Con~ervatorship" issued by the Hennepin County Probate Court which evidence this authority. We are aware that there are numerous ordinance violations against this property. Mr. Jacobs has every intention of rectifying same in order to keep this property rentable, and thus productive for estate. Unfortunately, there simply has not been enough time since Mr. Jacob's appointment as conservator to rectify the ordinance violations by the June 8th revocation hearing. Certain factors related to the conservatorship proceedin~ have frustrated Mr. Jacobs ability to act in this regard. First, we had to wait for the Court to issue the "Letter~ of Special Conservatorship". Without this document, Mr. Jacobs had no authority to act. Second, from a practical 06×05?98 11:46 BARRISTERS TRUST BUILDING a 612 ?82 2801 N0.627 Q05 June 5, 1998 Page Two standpoint it simply takes time to get the conservatorship up and r%~ning. For instance, sufficient assets must be located and marshalled to facilitate the necessary repairs. (banks must be notified and their procedures followed, tenant's must be given proper notice and their rents collected, etc.) However, these things are being accomplished and we will now be in a position to take care of these matters to the City's satisfaction. As such we are respectfully requesting your consideration in extending this matter for 60 days for Mr. Jacobs to rectify the outstanding ordinance violations. We understand that there have been previous extensions granted to others to no avail. However, we ask that the council give consideration to the mitigating factors ~et forth above. If such an extension is not feasible, please accept this in lieu of our appearance at Monday's hearing. In keeping therewith, we wish to advise the council of our full intention to comply the City'~ concerns regardless of the outcome of said hearing. We greatly appreciate your consideration in this regard. Sincerely, Gr~nt R.J. Lindquist GRL/lej cc: Dana Alexon ASSistant Fire Chief C ,TY OF COLUMBIA HEIGHTS (1"-) 555 MILL STREET N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2830 TDD 782-2806 June 5, 1998 Via Fax and U.S. Mail Mr. Grant Lindquist Wold, Jacobs & Johnson, P.A. 347 Third Avenue South Minneapolis, MN 55415 Re: 1407 - 1409 Circle Terrace, Columbia Heights Your File No: 6102 Dear Mr. Lindquist: I have received your fax dated today regarding the Loewanthal property at 1407-1409 Circle Terrace in Columbia Heights. Based upon this fax and our telephone conversation today I will be recommending to the City Council that the Public Hearing in this matter be closed and a new Public Hearing will be conducted on August 10, 1998. This period of time is as you have requested. We also discussed my concern regarding several of the violations noted in our original inspection of October 15, 1997 which, to our knowledge, remain uncorrected. These violations are those which could directly impact the life safety of the tenants in the event of a fire in the home. Our verbal agreement was that you would place the highest priority upon correcting these violations in order to provide the tenants with an increased measure of personal safety. ! would hope it would be possible to correct these violations within the next 30 days, although we will not be inspecting at that time to verify compliance. The violations are as follows: 1. Shall cap the natural gasline behind the dryer of the 1407 side. (Violation #1) 2. Shall replace bedroom door on front south bedroom of 1407 side. (Violation #3) 3. Shall repair wall behind door on the south front bedroom of 1407 side. (Violation #4) 4. Shall replace damaged bedroom door on north rear bedroom door of 1409 side. (Violation #5) 5. Shall remove car tires stored in basement of 1409 side. (Violation #7) ThE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON ThE BASIS O[= DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER The final inspection prior to the August 10th Public Hearing will be conducted on Wednesday, August 5, 1998 at 2:30 pm. At this same time, we would be willing to conduct the Annual Inspection for the 1998-99 license year which was scheduled to begin on June 1, 1998. It will be necessary for us to have access to the interior of both units at that time in order to conduct these inspections. By state law, the tenants must be notified of our inspections by the landlord. In addition to the annual inspection to be conducted, the additional administrative issues which will need to be dealt with to re-license the property for 1998-99 are as follows: All outstanding fees and penalties must be paid. We will provide you with a complete list of these fees and penalties as the August date approaches. The license application for 1998-99 must be completed and on file in our office. We will provide you with this application in the near future. The license application fees and any penalties for late application for 1998-99 must be paid. Late application penalties will apply since we cannot issue a new license until the issues surrounding the 1997-98 license have been resolved. We will provide you with total amounts due as the date of the headng approaches. I appreciate your interest in rectifying the issues surrounding this property, if you have any questions or need additional information as we move forward, do not hesitate to contact me. Sincerely, Dana Alexon Assistant Fire Chief c2-98159.wpd CC: C. Kewatt, Fire Chief W. Fehst, City Manager Mayor Sturdevant and Members of the City Council CITY COUNCIL LETTER Meeting of: June 8, 1998 AGENDA SECTION: Additional Items NO. CONSENT AGENDA ORIGINATING DEPARTMENT POLICE BY: M. Dugdale DATE: June 8, 1998 CITY MANAGER APPROVAL: ITEM: Block Party Request: Ida Peltier BY: NO. 3927 Ha)es Street N.E. DATE: Attached is a block party request from Ida Peltier, 3927 Hayes Street N.E., to conduct a block party on Sunday, June 14, 1998, from 3:00 p.m. to 7:00 p.m., with barricades blocking offHayes Street between 39t~ Avenue and 40~ Avenue. RECOMMENDED MOTION: Move to approve the request of Ida Peltier, 3927 Hayes Street N.E., to block offHayes Street between 39~ Avenue and 40~ Avenue for a block pary from 3:00 p.m. to 7:00 p.m. on Sunday, June 14, 1998. mld 98-201 Attachment COUNCIL ACTION: BLOCK PARTY REQUEST REQUIRING STREET TO BE BLOCKED TIME STREET SHOULD BE BLOCKED. ~-~.' ~(~) '~/P.M. TO Z¥7 ~) ~I./P.M. NOTE: (ATI'ACH MAP IF NECESSARY) THIS FORM MUST BE SIGNED AND RETIJRN'ED TO THE COLUIVIBIA HEIGHTS POLICE DEPARTMENT, POLICE CHIEFS OFFICE, 559 Mrr J J STREET N.E., COLIrMBIA HEIGHTS, MN 55421. THIS FORM MUST BE RECEIVED BY THE CITY ON THE MONDAY PRECEDING A CITY COUNCIL MEETING. CITY COUNCIL MEETINGS ARE HELD Tt-IIE SECOND AND FOURTH MONDAYS OF EACH MONTH. YOU WILL BE NOTIFIED IF YOUR REQUEST HAS BEEN APPROVED. ****************************************************************************** IF YOU HAVE QUESTIONS, PLEASE CONTACT THE POLICE CHIEF'S SECRETARY AT 782-2845. §900 I~loek of I-[ay~ .~treot Where: Between Gesino's Er Haider's When: Sunday- lZt.,June 1998 Time: 3:00 pm bring your favorite dish to share bring your own chair Er drink we hope everyone can make it if you have any questions please call' Ida Peltier (~ 789-8362 or Kris Hiatt (~ 788-7331 CITY OF COLUMBIA HEIGHTS Public Works Department TO: FROM: SUBJECT: DATE: MAYOR AND CITY COUNCII, MEMBERS KEVIN HANSEN G~ PUBLIC WORKS DIRECTOR/CITY EN FOLLOW-UP TO MCES WORK AT 45TM AVENUE AND 2 ½ STREET JUNE 8, 1998 As reported in the Weekly Activity Report for June 8, additional sanitary sewer repairs will be necessary at the intersection of 45th Avenue and 2 ½ Street due to excessive deterioration in both the manhole structures and sewer pipe. A meeting was held this morning at Metropolitan Council Environmental Services (MCES) offices in Eagan with MCES office personnel and Public Works staff. A determination has been made to replace an additional manhole not in the original scope of work by MCES. This manhole, referred to as MI-I26a, is a major structure for both the MCES interceptor and City lines (see attached map). Over 50% of the entire City of Columbia Heights flows through this manhole. Additionally, the City has two outside drops (on our 15" to the east and 8" to the south of MI-t 26a) that are deteriorated and plugged and are in need of replacement. Since the City and the MCES interceptor sewers both flow through this manhole, a cost share is proposed for its reconstruction. Due to the City drops and size of pipe connecting through the structure, a 10 foot diameter manhole is proposed at a total estimated cost of $50,000. As discussed with MCES office staff this morning, a 50-50 cost split is proposed. The City would be responsible for the cost of constructing new inside drops at an estimated cost of $3,000. Another concern is the condition of the City 15" pipes; to the east of MH26a and to the north of MI-Il. To completely assess the condition of each pipe, staff is recommending to have lmsituform, MCES' subcontractor, perform line cleaning and televising inspection services at a quoted cost of $3,000 each. Based upon staff's visual observation to date, the 15" RCP line north of MH1 has experienced the same deterioration as the MCES line. The least intrusive and most cost effective method of rehabilitation in this situation would be relining the 368 feet of pipe at an estimated cost of $24,000. Staff will report back to council on the findings and recommendations of the segment to the east of MH26a after televising. rU.'jb 98-183 Attachment: Map f:\wp5 lXtiles\june98~vlCES45th 301' / 305' "2nd S 134.20 ( ~136.34 ) 'z~'~.0 317' ?~'.> 320' '0 0 120.30 1 5" ",z~ 290' ?~ 290' 368' 290' {~'o'" 290' 0 400' 162.70 ~160.42 Ti'I47 t59.10 4- ST 151.14 330' I 8" NF II I FAX NO, 4752429 P. 02 ~'O£IJ~B£A HE'~/../T5 CO~fPREHENSZ1/'E PL,4N UPDA rE' Planning Advisory Committee (PAC) Meeting June 10, 1998 7:00 P.AA. City Council Chambers I 1. Introductions The Planning Process · Local need and community expectations · Metropolitan Council expectations · Efforts to dote Overview of Design Team Weekend · Process & involvement · Products · Follow-up efforts Design Team Steering Committee Sub-Committees · Role in the Comprehensive Plan Update · Coordination with PAC Public Involvement · Expectations · Participants: residents, businesses, advisory bodies · Approach, format & content · Dates, times, locations · Notification Overview of Current Comprehensive Plan · Ntojor issues · Goaisand policies 7. Next Steps COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES OF MAY 19, 1998 CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) was called to order b~v President Peterson at 7:00 p.m., Tuesday, May 19, 1998, in the Parkview Villa Community Room B, 965 40e' Avenue N.E., Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Commission Members Absent: Staff Present: Gary Peterson, Marlalne Szurek. Robert Ruettimann, Joe Sturdevant, and Patricia Jindra Richard Dustin, Don Jolly Ken Anderson. Deputy. Executive Director Walt Fehst, Executive Director Jennifer Bergman. Housing Coordinator Jennifer Stoopes-Mokamba, Parlofiew Villa Housing Admin. Shirley Barnes, Chief Executive Officer for Crest Viexv PLEDGE OF ALLEGIANCE APPOINT RECORDING SECRETARY - MOTION by Ruettimann. seconded by Szm'ek, to appoint Patty. Muscovitz to serve as Recording Secretary for the Economic Development Authority. All ayes. MOTION CARRIED. ADDITIONS/DELETIONS TO MEETING AGENDA - There were no additions or deletions to the agenda. CONSENT AGENDA (These items are considered to be routine by the EDA Board of Commissioners and 4511 be enacted as part of the Consent Agenda by one motion). Mr. Anderson presented the Check Listing and draft Resolution 98-07 as included in the agenda packet for review. The Financial Report for April ~vas not ready for review. Mr. Ruettimann asked item 5-A-3 be non-inclusive for individual discussion. Adopt the consent agenda items as listed below: 1) Approval of Minutes. A. Regular Meeting of April 20, 1998 Motion: Move to adopt the minutes of the April 20, 1998 regular meeting as presented in writing. 2) Financial Report and Payment of Bills A. Financial Statement - none B. Payment of Bills Motion: Move to approve Resolution 984)7, Resolution of the Columbia Heights Economic Development Authority (EDA) tabling approval of the Financial Statement and approving Payment of Bills for the month of May, 1998. MOTION by' Sturdevant. seconded by Jindra. to approve the consent agenda items as presented in writing. All ayes. MOTION CARRIED. 3) Management and Maintenance Services Agreement Amendment by and between Crest View Corporation and the Columbia Heights Economic Development Authority.. Economic Development Authority Minutes May 19, 1998 Page 2 In answer to a question of the Commission, Mr. Anderson explained the amendment allows the EDA and Crest View Corporation to continue the Services Agreement with a three year contract (presently expiring June 1999) without the yearly request for proposals and bids. Either group may still request termination of the contract at any time with a thirty day notification. The EDA also retains the option to request proposals for services on an annual basis if it so desires. Mr. Ruettimann requested this agreement still come before the Commission every April for review. MOTION by Ruettimann, seconded by Sturdevant, to approve the Management and Maintenance Sen4ces Agreement Amendment by and between Crest View Corporation and the Columbia Heights Economic Development Authority; and furthermore, to authorize the President and Executive Director to enter into an Agreement for the same. All ayes. MOTION CARRIED. REPORT OF THE MANAGEMENT COMPANY A. Jennifer Stoopes-Mokamba, Parkviexv Villa Public Housing Administrator Ms. Stoopes-Mokamba referred to the Public Housing Management Assessment Program (PHMAP) and the "High Performer" rating received for the year ending December 31. 1997. She reported Lagerquist has removed the generator from the small elevator, as it needs to be rebuilt. This is further proof of the need for the elevator modernization project being bid. Also repotted were the current vacan~, numbers, the need for a new flag and the continued need of a reconditioned copy machine. Mr. Anderson asked Commission members to note the newly installed concrete adjacent to the building, which will create a new area for residents to use. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS Mr. Anderson introduced Mr. Earl Netwal and Sarah Nelson of Community Resource Partnerships, Inc. who xvere present to give the results of the Business Retention and Expansion Survey. The presentation has been received earlier than expected, but may tie in well with the results of the MN Design Team process. Mr. Ner~val handed out the Columbia Heights Community Business Survey results summary, and gave a page by page analysis of the 93 percent participation of CiD' businesses. Information included a Business Outlook, Industry Make-up (Services, Construction, Manufacturing, Fire, Retail, Distribution, and Transportation/ CommunicationIPublic Utilities), Local Sales, Real Estate Issues, Employment Information, Personnel Issues and Additional Information. He indicated the industry mix of business in Columbia Heights is very similar to the entire North Metro. Also, one- half of Columbia Heights businesses have five or less employees. Mr. Ruettimann questioned why businesses indicated they would consider leaving Columbia Heights. Mr. Netwal stated examples of: lack of adequate facilities, lack of expansion space, lack of available employees, lack of market, and the inevitable comments related to crime, vandalism and potholes. The highest personnel concerns were physical sa.feB' and flexible work schedules. Mr. Netwal asked the Commission to consider what information they would like to share with these businesses. He would like an opportunity to work with the participant sponsors including NSP, Nom'est Bank, Northeast Bank and the Columbia Heights Chamber of Commerce to support program ideas and for follow up. Also. 35 businesses requested they be contacted by the Chamber of Commerce. Shirley Barnes. the Chamber of Commerce President, would like to invite the Community Resource Parmerships. Inc. to share these results at a Chamber meeting. Hcont~mie Development Authority Minutes May 19, 1998 Page 3 Several businesses were interested in serving on the Central Avenue Improvement Committee. Mr. Sturdevant questioned how often a survey should be taken. Mr. Net~val indicated this information is valuabie if maintained with ongoing input or periodic updates. If this information is not updated, a new survey would be suggested every three to five years. PUBLIC HEARINGS - None ITEMS FOR CONSIDERATION A. Other Resolutions - none B. Bid Considerations Parkview Villa - Elevator Modernization: Funds have been awarded from HUD to modernize the t~vo elevators at Parkview Villa. Staff advertised for bids in Februa~, but had received no responses. After contacting the City. of Minneapolis and mailing letters directly to firms, three bids were received. The low bidder was "Elevator Advisory, Group" at $4,800.00. Staff has been unable to contact references at this point. This bid work includes performing a needs assessment, plans and specifications for advertisement of bids, review bids and to provide a written recommendation for selection of a contractor, and inspection and certification of all completed work. MOTION by Sturdevant, seconded by Szurek. to recommend the award of the Park~'iew Villa Elevator Modernization Engineering and Specifications Bid to Elevator Advisory Group, Inc. based upon verification of references and their low, qualified, responsible bid in the amount not to exceed $4,800 with funds to be appropriated from 20346330-4030; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All ayes. MOTION CARRIED. C. Other Business 1) Public Housing Management Assessment Program (PHMAP) Mr. Anderson credited and thanked Jennifer Stoopes-Mokamba, Parkviexv Villa Housing Administrator, and Shirley Barnes, Chief Executive Officer for Crest View, for their hard work to help the Economic Development Authority maintain its "High Performer" status with the Public Housing Management Assessment Program. Ms. Stoopes- Mokamba and Ms. Barnes in turn thanked Mr. Anderson for his help. 2) 542 - 546 Summit Street Property, Acquisition Proposal. Mr. Anderson stated Mr. Tim Eastman, of Merit Siding, was present and has a signed purchase agreement with the current owners, Mr. & Mrs. Clerldn of 544 Summit Street NE. Also, Mr. Joseph Wolney, mvner of 542 Summit Street NE and Sondrea Wallis, owner of 546 Summit were present to propose that they acquire the property and split Lot 5 for use by both parties. Mel Collova, City, Building Inspector referred to packet information and indicated either proposal would need ~vork. He disagreed with Mr. Wolney's cost estimate. This property would require demolition and therefore an EPA Assessment. Mr. Collova told of problems with using CiD' abatement funds. There would still be ~'o non- conforming properties. Mr. Eastman's proposal would require re-zoning the property (544 Summit) to commercial and relocating Ms. Wallis. Mr. Fehst questioned why the Cit~, is involved; there is nothing the City can do, especially since Mr. Easunan has a current purchase agreement. Mr. Ruettimann felt tiffs was a zoning problem. Rehabilitation of the property was discussed. Mr. Anderson mentioned that this property was identified as a parcel in the Scattered Site Tax Increment Financing District. Econom/c Development Authodty M/nutes May 19, 1998 Page 4 Mr. Joseph Wolney addressed the Commission with the fact that he would like to purchase one-half of 544 Summit with financial help from the City (see reference letter in agenda packet). Sondrea Wallis is interested in purchasing the other one-half of the property.. She felt as neighbors of this abandoned property, she has a long term emotional interest and should be allowed to purchase this and expand the size and value of her lot. Mr. Eastman presented plans and pictures. He was aware there is a zoning problem. The Commission told Mr. Eastman he would need to go before the Planning Commission for the re-zoning process first. This would make a June 1~t closing impossible. Mr. Peterson ask Mr. Anderson to look at the options and talk to these people. 3) Section 8 Report Jennifer Bergman reviewed the report enclosed in the agenda packet. There has been relatively little change since last month. 4) CDBG/MHFA Report The loan and grant report for May was enclosed in the agenda packet. APplications M98-13 and M98-14 are stagnant. There will be four or five loans in June and there are three loans on this agenda. There are presently three projects using Community. Development Block Grants in process. Mr. Ruettimann requested written definitions of our programs and a list of loan ~'pes the Commission could reference for housing, commercial or fix up of property. Ms. Bergman will try to have this prepared by the July meeting. 5) Review of MI-IFA Loan Applications M98-11, M98-12, M98-15 Ms. Bergman rex~iewed the new loan applications with Commission members. Application M98-11 was to improve the property, with a paved driveway. MOTION by Jindra. seconded by Sturdevant, to approve the home improvement loan request M98-i 1 for Minnesota Fix Up Funds in the amount of $1,321 subject to meeting all program requirements; and furthermore, to direct and authorize staff to submit said application to the IVII-IFA for purchase. All ayes. MOTION CARRIED, Application M98-12 is a home improvement loan for a paved driveway, retaining wall and tree removal. MOTION by Ruettimann, seconded b.v Szurek, to approve the home improvement loan request M98-12 for Home Energy Loan Funds in the amount of $5,984 subject to meeting all program requirements; and furthermore, to direct and authorize staff to submit said application to the MHFA for purchase. All ayes. MOTION CARRIED. Application M98-15 is a Fix Up Fund request to replace six bad windows. MOTION by Ruettimann, seconded by Sturdevant, to approve the home improvement loan request M98-15 for Minnesota Fix Up Funds in the amount of $3,468 subject to meeting all program requirements: and furthermore, to direct and authorize staff to submit said application to the MIqFA for purchase. All ayes. MOTION CARRIED. 6) 4642/4644 Taylor St. N.E. Ms. Bergman detailed that the tenants in the lower unit of the building at 4642/4644 Taylor Street have been evicted. The upper level has now had two police calls and has been issued a notice to evict by June 30, 1998. Mr. Ruettimann questioned reconstructing this to a single family dwelling, with the work possibly being completed by a Technical College. Ms. Bergman has made three such contacts, and the)' reported that they only do new construction. Mr. Ruettimann suggested contacting Mr. Stuhr for more information on who could do tiffs type of renovation for future sale. 7) RFP for Redevelopment of 4150 Central Avenue. A Commission member suggest Mr. Eastman ma)' be interested in this property and directed Staff to contact him. Economic Development Authority Minutes May 19, 1998 Page 5 Mr. Ruettimarm felt this may be a solution for Mr. Eastman, Mr. Wolney, Ms. Wallis, and the City. MOTION by Ruettimann, second by Szurek, that should negotiations between the EDA and Mr. Eastman fail to produce a Purchase Agreement for 4150 Central Avenue NE, staffbe authorized to submit a RFP to acquire and redevelop property and structures at a targeted marketing area consisting of 4150, 4156, 4201, 4207, 4211 and 4217 Central Avenue. N.E. All ayes. MOTION CARRIED. ADMINISTRATIVE REPORTS A. Report of the Deputy Executive Director Mr. Anderson reported that Staff has spoken with Larry. Sullivan who, is looking for a place to open his business. Sullivan is currently residing in Roseville. Anderson will meet with him on Wednesday and look into a possible SBA 504 loan for financing. Total costs may be in the area of $3,250,000 for new construction. He also met with Roger Jensen on how the Anoka Count)., Capital Fund might be involved. Also, developments in the property, at 3913 Polk, which is in the estate ora John Douglas Paulsen, with Scott and Becky Pollack as executors, continues. We are trying to find funds to purchase the estate by paying the remaining mortgage. We had a purchase agreement xvith them that was drafted by the City. Attorney, but never signed. However. we now have come to find the Pollock's have signed a Deed in Lieu of Foreclosure and signed the property. over to Nonvest Bank. He spoke to the bank's attorney to see if the CiD' could purchase the property. The attorney is willing to work with CID'. The previous offer was $35.000 to include pay off of the mortgage, demolition and legal fees. Mr. Anderson spoke to Tom Torreson, Chief Financial Officer of Mary T., Inc. regarding the St. Timothy's senior housing project. A focus group session was attended with the hope that by the end of next week Staff will know if they plan to move forward. He asked them to include Bruce Nedegaard in conversations before making their decision. Mr. Anderson passed out informational candy bars to the Commission celebrating the birth of his daughter, Alyse. B. Report of the Executive Director - Mr. Fehst had nothing further to report. C. Cormnittee/Other Reports Mr. Ruettimann spoke with Brad of Schaefer, Richardson Company, now the owner of the former Honeyxvell building. Mr. Schaefer is also a representative of the fourteen banks which o~m the Columbia Heights Mall. Mr. Schaefer will try to get Mr. Ruettimann and Mr. Poppy together to review how to help our TIF District. Mr. Schaefer spoke to a company in Minneapolis that wants to build a $ I00,000 building with 350 employees that are interested in moving to Columbia Heights. The only problem is future expansion which would require buying the former Hone3~vell building. Mr. Ruettimann referred to 4216 Central which is property with a very. steep bank. Anoka County had taken this property back on tax forfeiture. Initially, Anoka County's offer was $1.00. Now they are willing to reduced it from $27,500 to $11.400, which is still too much for an unbuildable lot. To make a project from the corner of 42"d to the office/strip building flow, this would be a very desirable (not valuable) piece of property. Commission members may have to speak to Mr. Kordiak and ask him to help us. There may be the potential to build an office building, but this property, would be needed for parking. Staffwill try to work on a reduced price. If owned by Columbia Heights. any profits of the sale would go back to the EDA. Also. Mr. Anderson indicated the building at 3800 5th Street is available to recommend for purchase to the new company wanting to locate in Columbia Heights. Economic Development Authority Minutes May 19, 1998 Page 6 CITIZEN FORUM TO ADDRESS EDA ON MATTERS NOT ON THE AGENDA There was no one present to address the EDA. MEETINGS A. The next regular EDA Meeting The next EDA meeting is scheduled for 7:00 p.m., Tuesday, June t6, 1998 in Community Room B at Parkvie~v Villa. ADJOURNMENT MOTION by Sturdevant, seconded by Szurek, to adjourn the meeting at 9:12 p.m. All ayes. MOTION CARRIED. Respectfully submitted, Part3' Muscovitz Recording Secretary H:X, EDAminu~¢ixS- 19-9 8 PLANNING AND ZONING COMMISSION MINUTES SPECIAL MEETING OF JUNE 4, 1998 DRAFT The June 4, 1998 Planning and Zoning Commission special meeting was called to order by Chairperson Ramsdell at 8:04 p.m. Members present were Ramsdell, Fowler, and Peterson. Commissioners Szurek and Paulson were not present. Also present were Joe Hollman (City Planner) and Kenneth R. Anderson (Community Development Director). Motion by Peterson, seconded by Fowler, to appoint Kenneth R. Anderson, Community Development Director, as Acting Recording Secretary to the Planning and Zoning Commission. Voice vote: All Ayes. Motion carried. OLD BUSINESS: Public Hearing Preliminary/Final Plat Review Case #9801-02 JeffBahe/Bob Williams 3701 Central Avenue NE Columbia Heights, Mn. Chairperson Ramsdell introduced this public heating agenda item, which was continued from the June 2, 1998 regular meeting of the Planning and Zoning Commission. Mr. Hollman summarized the history of the applicant's request for preliminary and final plat approval. He noted the first application was considered by the Planning and Zoning Commission at the meeting of January 6, 1998. The case was tabled until the June 2, 1998 meeting. However, due to a lack of time for Staff.and Commission review as a result of the revised preliminary plat being provided at the meeting, the request was again tabled for the special meeting to be held on Thursday~ June 4, 1998. Mr. Hollman noted there were some discussions regarding the proposed alley design. Regarding the potential to cul-de-sac the alley, Mr. Hollman explained the City Engineer strongly recommended the alley continue through to Reservoir Boulevard as proposed in the preliminary plat. The basis for this recommendation included issues surrounding snow removal, emergency vehicle access, and refuse hauling vehicle access to the other properties adjacent to the alley. He also noted Staff considered the possibility of moving the alley toward the south and having approximately a four foot and an eighteen foot landscape area on the south and north sides of the alley, respectively. However, it was determined that the best option is to leave the area as planned for ten foot wide and twelve foot wide landscaped areas along the south and north sides of the alley, respectively. This proposal will leave enough room for snow removal and safe vehicle movement on the alley without getting too close to the edge of the retaining wall. The retaining wall is located south and abutting the proposed alley right-of-way. Mr. Hollman also discussed comments from the initial plat review. He explained that the Park 2 and Park 3 areas were deleted as Park Dedication and were changed to be shown as alley right-of- way in the same size and dimensions. He explained the applicant would be responsible for performing maintenance on the landscaped areas and providing irrigation service including a stub to the area identified as Park 1 property. The preliminary plat was also to be revised to include all PLANNING AND ZONING COMMISSION SPECIAL MEETING - MINUTES JUNE 5, 1998 PAGE 2 required public easements and the proposed location for relocated utilities including storm sewer, water, sanitary sewer, gas and electric. The location, size, type and elevation of all utility lines should also be shown. The preliminary plat was also corrected to show the correct amount of area in both Block 1 and Block 2. Mr. Hollman continued by explaining issues identified as part of the current review of the revised preliminary and final plats with a printed date of June 2, 1998. Staffmade the following recommendations for modifications: On the preliminary plat (west side): Include a 10 foot utility and drainage easement along the property line abutting Central Avenue and a 5 foot utility and drainage easement along the side and rear property lines. On the preliminary plat (east side): Extend a 10 foot utility and drainage easement along the entire property line abutting Reservoir Boulevard and overlay this easement over the existing 10 foot sanitary easement. A 5 foot drainage and utility easement will be needed along Dr. Good's property to the north. This issue must be dealt with separate from the plat. Existing water main and utility easements will need to be vacated. Having these easements located in front of the building as proposed is unacceptable. Note that vacation of these easements will be initiated in a time-frame that will be consistent with the abandonment of the utilities. The plat will need to be modified to show new easements along the western property line abutting Central Avenue and along the northern property line adjacent to Dr. Good's property. The minimum width and location of these new easements are dependent upon the utility relocates. These easements will be required in a location and size that are subject to approval by the Department of Public Works. On the final plat: There are no building setbacks shown on the Final Plat. The Zoning Ordinance requires that setbacks be shown. Signature block on the Final Plat for the City Clerk needs to read City Clerk. First signature block needs to say 1998 rather than 1997. There needs to be language on the final plat dedicating the alley and Park 1 properties for future public use. Lot and Block designations should read Lot 1, Block 1 and Lot 1, Block 2 rather than just the numerical designations. Mr. Hollman summarized by noting that staff recommends that the alley continue through to Reservoir Blvd. as shown on the site plan. He also recommended the Planning and Zoning Commission approve of the recommendation of approval of the preliminary and final plats, subject to the modifications listed and the final review and approval by staff which would include the City Engineer, Planner, and City Attorney. He also pointed out that the Zoning Ordinance states that "No final plat shall be approved by the Council or signed by the Engineer or Clerk until three (3) PLANNING AND ZONING COMMISSION SPEC1AL MEET1NG- IVI/NUTES /UNE 5, 1998 PAGE 3 copies of the complete final plat have been furnished to the City Clerk for City files." Because of this requirement, the City Council will not be able to approve the final plat until all the required changes have been made. Chairperson Ramsdell inquired about the easements for the existing water and sewer utilities and at what time it would be necessary to vacate said easements. Mr. Hollman noted the utilities should be vacated at the time the utilities are abandoned and no longer needed. Chairperson Ramsdell opened the Public Hearing at 8:15 p.m. In response to general issue questions raised as part of the plan review by the Planner and City Engineer, Mr. Kerry Gullickson of LAN Construction presented to the Commission a summary of their proposal. He explained that the service door entry to the alley at the west site was relocated to a point more central in the building in order to match existing grades. Chairperson Ramsdell inquired which loading door was affected and where was it moved to. Mr. Gullickson referred to the west building site plan and illustrated how it had been moved from the north end of the building under service bays 1 and 2 to the center area of the building. He indicated floor lines are set based on existing alley elevations. As the alley moves north along the west property line, the grade drops too great to keep the service door at the north end of the building. Chairperson Ramsdell inquired if it was a six foot wide double door. Mr. Gullickson affirmed the width of six feet and that it was moved about one-half the distance of the building south to the center of the building. He also explained there would be glass block windows installed near the center portion of the building to allow natural light into the lower level of the building. Mr. Hollman inquired about the storm water ponding from the building and where it was to be directed. Mr. Gullickson replied the roof drains directly to the storm sewer system. He explained the grading and drainage plan showed triangles at each door opening. The black triangles did not indicate the location of roof drains. Mr. Gullickson also noted that the arch roof in the center of the building goes the full depth of the building, east to west, instead of construction of barrel vaults the length of the building as originally proposed. He stated the grading and drainage plan accounted for roof storage of approximately 1 1/4 inch water depth on the west side building roof and approximately 3 inches water storage on the roof of the building on the east side. At both sites, the water would be draining via piping off.the roof to the on site storm sewer system. The west side storm water will be collected on site at three catch basins. He further described the location of the 12 inch pipe to the alley, but noted the water flow would be restricted by a 1 ½ inch pipe from the manhole into the 12 inch storm sewer pipe. Ultimately, the storm water would discharge to the alley near the southwest corner of the property. Commissioner Peterson noted that the letter from the City of Minneapolis addresses that issue. He explained the concern to limit the amount of water from the new development to the adjacent properties. Mr. Peterson noted that the pipe can be blocked easily so Minneapolis suggested a wier system. Mr. Gullickson explained the flow restriction requirements of the City of Columbia Heights/City of Minneapolis are stringent. He explained their engineers were reviewing the feasibility of installing a wier system. He explained the initial review of such a system was not promising. PLANNING AND ZONING COMMISSION SP~EC1AL MEETING - MINUTES JUNE 5, 1998 PAGE 4 Mr. Hollman inquired about the need for a fence at the top of the retaining wall, which is four feet or higher in height. Mr. Gullickson noted the proposed retaining wall is more extensive than originally anticipated and that required fencing would not be a problem. Mr. Hollman stated screening or split rail type fences are options. Mr. Gullickson noted that the owner is interested in exploring the installation of a propane tank(s) which will be viewed again for either the east or the west site. They may also look at small storage tanks for sale only, versus a larger storage/bulk tank. Mr. Anderson noted that no definitive answer was reached during previous reviews of the potential for a propane tank on site. Sue Amundson of 3741 Reservoir Boulevard stated that at the last City Council meeting a preference was discussed to place the tank on the west site and that it only be for portable tanks and not a large storage tank. Mr. Gullickson replied the owner prefers the east site for logistic reasons and safety. Ms. Amundson noted that when campers are parked on site to fill their propane tanks that they block the entry driveway to the site. Mr. Peterson commented that propane tanks are not desirable due to aesthetic reasons and must meet code requirements. It was explained that aesthetic issues could be resolved by installation of a tank underground. Mr. Gullickson explained that the owner is not asking for approval of a tank at this time. Mr. Gullickson also stated that due to a grade issue, access to Reservoir Boulevard from the east site was moved to the south by approximately 24 feet. Mr. Anderson inquired if the location of the vacuums on the site would be affected. Mr. Gullickson stated both vacuums will be installed, but will also be moved to the south. He noted sufficient room is available. Mr. Gullickson explained that drainage from the east site would be accommodated with some roof storage of storm water and drainage of said storm water from the canopy to the storm water catch basins on site. He explained they have also moved the storm sewer away from the underground fuel tank storage location which requires two additional manholes for the storm system that were not shown on the plan originally submitted to the City. Mr. JeffBrody, 3805 Reservoir Boulevard, inquired about the landscaping along the retaining wall area at the east site. He questioned what type of materials were to be used and stated that an earth berm will be effective at deflecting or absorbing the noise emanating from the car wash. Mr. Anderson explained there was approximately a two foot slope at grade from the car wash drive surface with an approximately four foot high retaining wall constructed adjacent to the alley right- of-way. Mr. Gullickson explained that the retaining wall would be constructed with materials similar to the proprietary name of Keystone block which provide for a decorative block retaining wall. He stated the owners preference would be to construct a retaining wall of larger boulders. However, it is not clear if sufficient room will be available to install the boulder type of retaining wall. Mr. Brody replied that the Keystone type block retaining walls are very nice and attractive. He was concerned that a chain link fence with slats, which he feels are tacky looking and do not deflect noise, may be installed at this site. Chairperson Ramsdell inquired about the utility relocate issues. Mr. Hollman noted that the memo prepared by the City Engineer on utilities was being addressed and would continue to be addressed at a Staff level. Mr. Gullickson replied the utilities on the east site will be abandoned PLANNING AND ZONING COMMISSION gPECIAL MEETING - MINUTES JLINE 5, 1998 PAGE 5 sometime later because the owners will want to maintain business operations as long as possible while construction commences on the west site. Ms. Amundson inquired why City Staffwas opposed to the cul-de-sac alternative at the alley on the east site? Mr. Hollman explained the preferred dimensions for a cul-de-sac would take up more property than what is available at that site. He illustrated the concerns as drawn by the City Engineer's office and a sketch prepared by the contractor's architect. The contractor's architect's configuration was too small to allow for emergency vehicles, refuse trucks and snow plowing operations. Discussion followed about the possible difficulties of making a turning radius from the alley as proposed. Vi Tabb, 3808 Reservoir Boulevard, stated her neighbor was concerned about the additional traffic to the station which may be created on the alley if it continues through to Reservoir Boulevard. Mr. Hollman explained the potential negative impacts will be less from a Staff perspective if the alley is installed as proposed versus in a cul-de-sac configuration. Chairperson Ramsdell inquired if a one way alley would be an option that could be considered. There being no further discussion, Chairperson Ramsdell closed the public hearing at 9:03 p.m. Motion by Peterson, seconded by Fowler, to recommend City Council approval of the preliminary plat, subject to final staff' review and approval of the preliminary plat and drainage and grading plans. Voice vote: All Ayes. Motion carried. Motion by Peterson, seconded by Fowler, to recommend City Council approval of the final plat, subject to final staff review and approval of the final plat and drainage and grading plans, and provided that three (3) copies of the complete final plat have been furnished to the City Clerk for City files. Voice vote: All Ayes. Motion carded. Mr. Anderson explained there may be some delay in adoption of the final plat which is dependent upon City Engineer review and approval of the location of the new utility lines and their necessary easements. Action must also be taken for the vacation of the existing utility easements that will no longer be necessary aider abandonment of the lines. STAFF REPORTS: None. Motion by Peterson, seconded by Fowler, to adjourn the meeting at 9:06 p.m. Voice vote: All Ayes. Motion carded. Respectfully Submitted, Kenneth R. Anderson Community Development Director/Acting Recording Secretary KR~pm H:\64-98.wpd