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HomeMy WebLinkAboutOctober 12, 1998 RegularAGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS - MONDAY, OCTOBER 12, 1998 CITY COUNCIL CHAMBERS, CITY HALL, 590 40T;; AVENUE 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. 1. CALL TO ORDER/ROLL CALL(CommencementofCablecastingofRegMtg on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA 4. CONSENT AGENDA a) Approval of Meeting Minutes b) Res. 98-89 Certifying Delinquent Assessments c) Establish Hearing Dates for License Revocations d) Res. 98-87 Cooperative Agreement with Public Safety Department/Police Dept. e) Appointments to Youth Commission f) Dues - League of Mirmesota Cities g) Rezoning - 4417 University Avenue and 315 44* Avenue h) Variance - 4763 Heights Drive i) Variance - 2303 Maiden Lane j) CUP - 418 40th Avenue k) Approve Payment to Purchase 4216 Central Avenue 1) Res. 98-88 Enforcement of Optional Chapter - State Building Code m) Res. 98-91 Retaining Wall Construction - Bid and Award n) Payment of Bills _ o) Approval of License Applications p) Approving EDA Purchasing Policy and Xuthority - 5. RECOGNITIONS, PROCLAMATIONS, PRESENTATIONS AND GUESTS a) Recognition o£BFt - Donation b) Polish American Heritage Month Proclamation 6. PUBLIC HEARINGS a) Ord. 1377 Changes to Licensing Section of City Code 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Res. 98-90 Lot Split at 4121 Stinson Boulevard B. Bid Considerations None C. Other Business None 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission Meeting~q 1) August 6, 1998 Charter Commission Meeting 2) September 23, 1998 Park and Recreation Commission Meeting 3) October 5, 1998 Traffic Commission Meeting 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA RECESS TO EXECUTIVE SESSION Executive Session to discuss City Manager's Performance Evaluation RECONVENE REGULAR COUNCIL MEETING 11. ADJOURNMENT WF/js Mayor ClTY OF COLUMBIA HEIGHTS (1--) Donald G. Jolly 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806Marlaine Szurek Gary L. Peterson Robert W. Ruettimann ADMINISTRATION City Manager Walter R. Fehst OCTOBER 9, 1998 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, Octo'ber 12, 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, accorrm~odation 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 or hearing impaired only) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon mai ority vote of its members, may make fidditions 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.) MOTION: Move to approve consent agenda items as follows: a) Approval of Meetint Minutes MOTION: Move to approve the minutes of the September 28, 1998 Regular Council Meeting as presented. b) Resolution No. 98-89 Being a Resolution Certi _fving Delinquent Assessments MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-89 being a resolution to certify delinquent assessments to Anoka County for collection with the property taxes payable in 1999. c) Establish Hearin~ Dates for License Revocations, Rental Properties MOTION: Move to establish hearing date of October 26, 1998 for revocation or suspension of a license to operate a rental property xvithin the City of Columbia Heights against Jocelyn Hoffarth at 672 48th Avenue Northeast. Page 1 COUNCIL AGENDA LETTER OCTOBER 12, 1998 PAGE 2 MOTION: Move to establish a hearing date of October 26, 1998 to operate a rental property within the City of Columbia Heights Northeast. MOTION: Move to establish a hearing date of October 26, 1998 to operate a rental property within the City of Columbia Heights 1/2 Avenue Northeast. MOTION: Move to establish a hearing date of October 26, 1998 to operate a rental property within the City of Columbia Heights Avenue Northeast. MOTION: Move to establish a hearing date of October 26, 1998 to operate a rental property with_in the City of Columbia Heights Avenue Northeast. MOTION: Move to establish a hearing date of October 26, 1998 to operate a rental property within the City of Columbia Heights Avenue Northeast. MOTION: Move to establish a hearing date of October 26, 1998 to operate a rental property within the City of Columbia Heights Northeast. for revocation or suspension of a license against David Utke at 3947 Arthur Street for revocation or suspension of a license against Jason Bouchard at 1336-1338 43 for revocation or suspension of a license against Roger Gitlespie at 1010 42nd for revocation or suspension of a license against Farzara Kahn at 966-968 44 1/2 for revocation or suspension of a license against Sharon Vermeer at 615 40th for revocation or suspension of a license against Gary Bailey at 233 42nd Avenue d) Resolution No. 98-87 Being a Resolution Authorizing the Police Department to Enter into Cooperative Ageement with the Mim~esota Department of Public Safety MOTION: Move to waive the reading of the resolution there being ample copies available for the public MOTION: Move to adopt Resolution No. 98-87 being a resolution to enter into a cooperative agreement with the Minnesota Department of Public Safety for the project entitled Community Oriented Policing Grant for Overtime for the period from November 1, 1998 to November 1, 1999. e) Appointments to Youth Initiative Commission MOTION: Move to appoint Aaron Bjork, Micah McLellan, James Martin and Kelly Crumpton each to a two year term on the Columbia Heights Youth Initiative Commission. f) League of Mirmesota Cities Dues for Fiscal Year MOTION: Move to approve the continued membership with the League of Mirmesota Cities and authorize the annual payment of $9,505. g) Rezoning~ Conditional Use Permit, Variances~ Case #9808-37, 4417 University Avenue and 315 44th Avenue MOTION: Move to deny the request for the rezoning, the conditional use permit, and the variances for the property at 315 44th avenue NE and 4417 University Avenue NE due to the potential negative impacts on surrounding property, and because the request is not consistent with the City Comprehensive Plan. Page 2 COUNCIL AGENDA LETTER OCTOBER 12, 1998 PAGE 3 h) Variance- Case #9810-42, 4763 Heights Drive MOTION: Move to approve the variance of one foot at 4763 Heights Drive because tree location and topography on the property created a hardship. i) Variance - Case #9810-45, 2303 Maiden Lane MOTION: Move to approve the variance of eight feet at 2303 Maiden Lane because tree location and topography on the property create a hardship. j) Conditional Use Permit - Case #9810-46, 418 40th Avenue Northeast MOTION: Move to approve the conditional use permit to allow a garage on the property at 418 40th Avenue NE, subject to the three listed conditions. k) Approve Pawnent to Purchase 4216 Central Avenue NE From An~oka Coun _ty MOTION: Move to accept the recommendation of the EDA and authorize payment to the County of Anoka for the acquisition of tax forfeited land at 4216 Central Avenue NE, P.I.N. F35 30 24 14 0077, in the amount of$11,829.45 plus associated legal fees to prepare a purchase agreement and complete the transaction with funding appropriated from 235-46385-5110. 1) Resolution No. 98-88 Bein~ a Resolution on Enforcement of Optional Chapter 1306 of the Minnesota State Building Code MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-88 being a resolution on enforcement of Optional Chapter 1306 of the Minnesota State Building Code. m) Resolution No. 98-91 Being a Resolution Accepting Bid and Awarding Retaining Wall Construction Project #9733.9734 and 9738 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. 98-91 accepting bids and award the Retaining Wall Construction Project No. 9733, 9734 and 9738 to Nadean Utility, Inc. of Maple Grove, Minnesota, based upon their low responsible bid in the amount of $39,797.90 to be appropriated from Funds 402-59733- 5130, 402-59734-5t30, and 402-59738-5130 and authorize the Mayor and City Manager to enter into an agreement for the same. n) Pa_wnent of the Bills MOTION: Move to approve payment of the bills as listed out of proper funds. o) Approval of License Applications MOTION: Move to approve the license applications as listed. Page 3 COUNCIL AGENDA LETTER 'OCTOBER 12, 1998 PAGE 4 p) Approving EDA Purchasing Policy and Authority MOTION: Move to authorize the EDA full authority to approve expenditures, transfers, budget amendments, and other financial transactions related to the funds within its operational jurisdiction as follows and subject to other procedures and guidelines which may be established by the City Council and/or EDA: DESCRIPTION AUTHORIZING AGENCY 101 General Development Buildings City Council 201 Building Inspections/Com. Dev. Admin. City Council 202 Community Dev. Block Grant/HOME City Council 203 Parkview Villa North EDA 204 EDA/Home Improvement (M~FA) EDA 205 CH Section 8 Certificates/Vouchers EDA 213 Parkvie~v Villa South EDA 235 Rental Properties/Vacant Housing EDA 299 HRA EDA PROCLAMATIONS. INTRODUCTIONS, PRESENTATIONS AND GUESTS a) Recognition ofBFI - Donation to DARE Progam b) Proclamation - Polish American Heritage Month 6. PUBLIC HEARINGS a) Public Hearint and Second Reading of Ordinance No. 1377 Being an Ordinance Regarding Chan~es to the Licensing Section of the Ci_ty Code MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1377 being an ordinance pertaining to the amendment of certain sections of the licensing requirements of the City Code. (COPIES OF ORDINANCE WERE DISTRIBUTED PREVIOUSLY TO COUNCIL AND STAFF) Page 4 COUN, CIL AGENDA LETTER OCTOBER 12, 1998 PAGE 5 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 98-90 Being a Lot Split Request at 4121 Stinson Boulevard MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-90 which is a lot split request at 4121 Stinson Boulevard, subject to removal of the pool and driveway. B. Bid Considerations None C. Other Business None 8. ADMI2q-ISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) Minutes of the August 6, 1998 Charter Commission Meeting 2) Minutes of the September 23, 1998 Park and Recreation Commission Meeting 3) Minutes of the October 5, 1998 Traffic Commission Meeting. 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an oppommity 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.) Page 5 COUNCIL AGENDA LETTER OCTOBER 12, 1998 PAGE 6 RECESS TO EXECUTIVE SESSION MOTION: Move to recess the Regular Council Meeting to an Executive Session to discuss the City Manager's performance evaluation. RECONVENE REGULAR COUNCIL MEETING MOTION: Move to reconvene the Regular Council Meeting from the Executive Session which was called to discuss the City Manager's performance evaluation. 11. ADJOURNMENT MOTION: Move to adjourn the Regular Council Meeting. Walter Fehst, City Manager WF/js Page 6 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 28, 1998 1. CALL TO ORDER/ROLL CALL The meeting was called to order by Mayor Smrdevant at 7:00 p.m. Present were Mayor Sturdevant and Councilmembers Szurek, Jolly, Ruettimann and Peterson. 2, PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA There was a request to remove from the consent agenda item 4-c regarding the resolution approving the 1999 license fee schedule. 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted upon as part of the Consent Agenda by one motion. Items removed from consent agenda approval are taken up as the next order of business.) Motion by Ruettimann, second by Peterson to approve the Consent Agenda items as follows: a) Approval of Meeting Minutes The Council approved the minutes of the September 14, 1998 Regular Council Meeting, the minutes of the September 16, 1998 Election Canvass and the minutes of the September 16, 1998 Special Council Meeting as presented. b) Authorize Purchase of LCD Proiector and Screen The Council authorized staffto purchase a Panasonic LCD projector from Alpha Video for $5,159.93 with funds to be appropriated from the Refuse and Cable fund balances. c) Resolution No. 98-82 Being a Resolution Approving 1999 License Fee Schedule Removed from Consent Agenda. d) First Readin~ of Ordinance No. 1377 Being an Ordinance Amending Ordinance No. 853, Ci_ty Code of 1977, Pertaining to the Amendment of Certain Sections of the Licensing Requirements of the Ci_ty The Council waived the reading of the ordinance. The Council scheduled the second reading of the ordinance for Monday, October 12, 1998 at approximately 7:00 p.m. COPIES OF ORDINANCE NO. 1377 ARE AVAILABLE FOR PUBLIC REVIEW AT THE PUBLIC LIBRARY, THE RECREATION DEPARTMENT AND AT THE PUBLIC WORKS OFFICES. REGULAR COUNCIL MEETING SEPTEMBER 28, 1998 PAGE 2 e) Payment of Invoice to Metropolitan Council Environmental Services The Council approved the payment of an invoice for emergency repair work of MCES sewer at 45th Avenue and 2 ½ Street to Metropolitan Council Environmental Services in the amount of $40,703.70 from the Sanitary Sewer Construction Fund 652-49499-5130. f) Donations to Fireworks for Dedication of Football Field The Council approved the donation of $1,000 from the Mayor/Council Contingency Fund for the fireworks display by B.J. Erickson Pyrotechnics on October 2, 1998 for the dedication of the newly refurbished football field at the Columbia Heights High School. g) Resolution No. 98-81 Being a Resolution Amending Resolution No. 97-38 Pertainin to By-Laws and Procedures of the Columbia Heights Youth Initiative Commission The reading of'the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98-81 BEING A RESOLUTION AMENDING RESOLUTION NO. 97-38, PERTAINING TO THE BY-LAWS AND PROCEDURES OF THE COLUMBIA HEIGHTS YOUTH INITIATIVE COMMISSION RESOLUTION NO. 97-38 SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: BEING A RESOLUTION ESTABLISHING THE CITY OF COLUMBIA HEIGHTS' YOUTH INITIATIVE COMMISSION AND APPROVING ITS BY-LAWS AND PROCEDURES BE IT RESOLVED BY THE YOUTH INITIATIVE COMMISSION OF THE CITY OF COLUMBIA HEIGHTS, that the following rules of procedure are adopted: ARTICLE 1. NAME WHEREAS: The Youth Initiative Commission is established and so named in accord with City Code. ARTICLE II.. PURPOSES AND OBJECTIVES WHEREAS: The goals of the Youth Commission are as follows: REGULAR COUNCIL MEETING SEPTEMBER 28, 1998 PAGE 3 The advocate for youth and their environment as a community priority; To promote the development of youth socially, emotionally, spiritually, educationally and physically; To identify and prioritize unmet needs of area youth; To recommend strategies and solutions to meet identified needs of youth; To encourage community and school involvement through dissemination of information; To evaluate commission activities on an ongoing basis; To promote the seven identified core values of Value First. ARTICLE III. MEMBERSHIP AND VOTING Section 1. WHEREAS: The Youth Initiative Commission shall consist of sixteen (16) representatives. Fourteen (14) are chosen from students attending schools licensed by the State of Minnesota and home schools located within the City of Columbia Heights. Section 2. WHEREAS, the distribution of the fourteen (14) students selected from (Columbia Heights Schools) schools located within Columbia Heights is (are) as follows: Three from grade 12 Three from grade 11 Two from grade 10 Two from grade 9 Two from grade 8 Two from grade 7 Two (at large) youths who reside within the corporate limits of Columbia Heights and/or Hilltop but do not attend a school located within Columbia Heights are also selected to serve as at-large members of the Commission. (from within the corporate limits of Columbia Heights and/or Hilltop but do not attend Columbia Heights schools These two people will be in addition to the fourteen and the intent is not meant to supplement the existing number.) WHEREAS: The Commission itself will have input in the selection process. REGULAR COUNCIL MEETING SEPTEMBER 28, 1998 PAGE 4 WHEREAS: No student shall serve as a youth member on the Commission beyond August 31st in the year in which the youth graduates (from Columbia Heights High School) or in which they reach 19 years of age or if they cease to be enrolled in (Columbia Heights High School) school. WHEREAS: Youths are limited to one single consecutive two year term. The youth may reapply after one year's absence from the Commission as voting member. Charter members of the Commission shall be exempt from the prohibition on serving two consecutive terms. WHEREAS: Each member of the Commission shall be entitled to vote at all regular and special meetings of the Commission. WHEREAS: Youths with expired terms can act as advisors but not have voting privileges. Section 3. WHEREAS: Anytime a member does not record his/her vote, an abstention must be entered as such in the minutes with a reason recorded. ARTICLE IV. MEETINGS OF THE COMMISSION Section 1. WHEREAS: Regular meetings of the Commission shall be held each month. Specific times and locations to be determined at the first meeting along with the selection of officers. Section 2. WHEREAS: A majority of the members of the Commission shall constitute a quorum in order to accomplish Commission business. Section 3. WHEREAS: At least three days' notice reminder of each monthly and special meeting shall be given to each member of the Commission either personally or by mail addressed to such member at the address appearing from the records of the Commission. REGULAR COUNCIL MEETING SEPTEMBER 28, 1998 PAGE 5 WHEREAS: Such notice shall state the date, time, place and purpose of the meeting. Section 4. WHEREAS: Any Commission member missing three meetings without satisfactory explanation to the Commission may forfeit his/her membership. The Commission, by resolution, may recommend to the City Council and School District #13 that such a member be replaced by a person to serve the remainder of that member's term. Section 5. WHEREAS: A Commission member who attends a meeting of the City Council and/or School Board as a representative of the Commission should follow these guidelines: 1) Copies of any report should be made available to each member of the Council and/or School Board. Such a report may be delivered orally. 2) The representative should answer questions about the Commission's policies if these are addressed to him/her by the Council and/or School Board. 3) The representative should support the Commission's majority report and should not present his/her own point of view nor that of the minority unless specifically asked. 4) The representative may ask the Council and/or School Board to meet jointly with the Commission before a determination which reverses or is contrary to the recommendation of the Commission. Section C. ELECTION OF OFFICERS The members shall elect all officers of the Youth Commission for terms of one year and each shall hold office until they shall resign or shall be removed or disqualified or until their successors are elected. Elections shall be held in September of each year. Section D. VACANCIES OF OFFICERS In case of any office of the Youth Commission becomes vacant by resignation, retirement, removal, disqualification, illness, death or any other cause, a majority vote of the membership, shall elect an officer to fill the unexpired term. The officer elected shall hold office and serve until the next election of officers. REGULAR COUNCIL MEETING SEPTEMBER 28, 1998 PAGE 6 ARTICLE VI Section 1. SUBCOMMITTEES The Chairperson shall appoint subcommittees as needed. Section 2. The Chairperson may appoint a chairperson for each subcommittee or may serve in this capacity him/herself. ARTICLE VII AMENDMENTS TO BYLAWS These bylaws may be amended by the City Council by a recommendation of the majority of the Commission at any regular meeting providing notices of such amendment request if given at the preceding regular meeting. ARTICLE VIII RULES Except where otherwise provided by these rules, the proceedings of the Commission shall be governed by Roberts Rules of Order, Revised. NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council hereby establishes a Youth Initiative Commission and approves its bylaws and procedures. Passed this 28th day of September, 1998. Offered by: Ruettimann Seconded by: Peterson Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary h) Resolution No. 98-83 Being a Resolution Designating Author/tv Regarding Block Party_ Request/Approval Procedure The reading of the resolution was waived there being ample copies available for the public. REGULAR COUNCIL MEETING SEPTEMBER 28, 1998 PAGE 7 RESOLUTION NO. 98-83 BEING A RESOLUTION DESIGNATING AUTHORITY FROM THE CITY COUNCIL TO THE CITY MANAGER OR HIS/HER DESIGNEE TO APPROVE BLOCK PARTY REQUESTS REQUIRING STREET CLOSURES WHEREAS, the existing procedure authorizes the City Council to approve block party requests requiring street closures; and WHEREAS, the existing procedure for processing such a request requires extensive paperwork involving the citizen, the Police Department, Fire Department, Public Works Department and Administration; and WHEREAS, in order to process such requests more efficiently, it is proposed that the City Manager or his/her designee be delegated the authority to approve such request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights hereby delegates to the City Manager or his/her designee the authority to approve block party requests requiring street closures. This delegation of authority shall be effective the date of passage of this resolution. Passed this 28th day of September, 1998. Offered by: Ruettimann Seconded by: Peterson Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary i) Resolution No. 98-84 Being a Resolution Regarding Serving Beer in City Parks - Requests/Approval Procedure The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98-84 BEING A RESOLUTION DELEGATING AUTHORITY FROM THE CITY COUNCIL TO APPROVE REQUESTS TO SERVE BEER IN CITY PARKS REGULAR COUNCIL MEETING SEPTEMBER 28, 1998 PAGE 8 WHEREAS, the existing procedure authorizes the City Council to approve requests to serve beer in the city parks; and WHEREAS, the existing procedure for processing such a request requires extensive time and paperwork involving the citizen, the Recreation Department, Police Department, Public Works Department, and Administration; and WHEREAS, in order to process such requests more efficiently, it is proposed to delegate to the City Manager (or his/her designee) the authority to approve requests to serve beer in our city parks. This authority shall be effective the date of passage of this resolution. Passed this 28th day of September, 1998. Offered by: Ruettimann Seconded by: Peterson Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary j) Establish Hearing Dates - License Revocation, Rental Properties The Council established a hearing date of October 26,1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Richard Stueland for the property at 1035 45th Avenue. The Council established a heating date of October 26, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Ivan Ludeman for the properties located at 4640 and 4648 Polk Street. The Council established a heating date of October 26,1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the Lynde Investment Company for the properties located at 4050, 4060, 4100, 4120 4th Street and 4425, 4433, 4441, 4707, 4715, 5121, 5131, 5141 University Avenue. k) Close Hearing - Rental License Revocation The Council closed the public hearing regarding the revocation or suspension of the rental license held by Yingheng Zhang regarding rental property at 4636 Washington Street in that the property is in compliance with the Housing Maintenance Code. REGULAR. COUNCIL MEETING SEPTEMBER 28, 1998 PAGE 9 1) Resolution No. 98-85 Beinz a Resolution Approving Final Plans and Specifications The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98-85 APPROVING PLANS AND SPECIFICATIONS AND ORDERING AN ADVERTISEMENT FOR BIDS FOR THE 1998 IMPROVEMENT PROGRAM PROJECT NO. 97-22 SULLIVAN LAKE SANITARY SEWER LIFT STATION WHEREAS on August 24, 1998, the City Council ordered the preparation of final plans and specifications for Project 97-22, and WHEREAS, funds for this project are identified through an MIF Grant and City Park Development Fund, WHEREAS, the Consulting Firm ofRLK Kuusisto, Inc. has prepared the plans and specifications for City Project 97-22. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA THAT: Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. The Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin, an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published on October 1, 1998, in the Focus and October 2, 9, and 16, 1998 in the Construction Bulletin. The advertisement shall specify the work to be done; shall state that bids will be received until 2:00 p.m. on October 20 at which time they will be publicly opened at the Municipal Service Center, 637 38th Avenue N.E., by the City Engineer/Director of Public Works; wilt then be tabulated; and will be considered by the Council at 7:00 p.m. Monday, October 26, 1998 in the Council Chambers. REGULAR COUNCIL MEETING SEPTEMBER 28, 1998 PAGE 10 BE IT FURTHER RESOLVED THAT the Mayor and City Manager are authorized to execute the Agreement. Dated this 28th day of September, 1998. Offered by: Ruettimarm Seconded by: Peterson Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION State of Mirmesota 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 28th day of September, 1998, as disclosed by the records of said City in my possession. Jo-Anne Student Deputy City Clerk m) Approval of Payment of Bills The Council approved the payment of the bills as listed out of proper funds. n) Approval of License Applications The Council approved the license applications as listed and approved the rental property license applications as noted in the memo dated September 14, 1998 fi.om Fire Chief Kewatt. o) Establish Council Work Session Dates The Council established a Council work session for Wednesday, October 7, 1998 at 7:00 p.m. and established a joint budget session with the Library Board on October 6,1998 at 7:00 p.m. and with the Park and Recreation Commission on October 28, 1998 at 6:30 p.m. Councilmembers were requested to bring their calendars to the October 7th work session to establish dates for other budget meetings and a work session is necessary. REGULAR COUNCIL MEETING SEPTEMBER 28, 1998 PAGE 11 Roll call on consent agenda: All ayes Resolution No. 98-82 Being a Resolution Approving 1999 License Fee Schedule A resident had requested this item be removed from the Consent Agenda for discussion. He questioned the increase on some of the license fees. Motion by Sturdevant, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes WHEREAS: WHEREAS: WHEREAS: RESOLUTION NO. 98-82 ADOPTING 1999 BUSINESS LICENSE FEES Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and The City has participated in a survey of metropolitan muicipalities regarding business license fees charged by other communities; and The City is attempting to maintain business licenses which are comparable; and WHEREAS: The City annually reviews its business license fee schedule; NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective January 1, 1999. Passed this 28th day of September, 1998. Offered by: Sturdevant Seconded by: Ruettimann Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Joseph Sturdevant REGULAR COUNCIL MEETING SEPTEMBER 28, 1998 PAGE 12 5. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS A) Acknowledgement of Columbia Heights Seniors - Senior Olyrnpics Nineteen senior citizens from Columbia Heights participated in the Senior Olympics. They were successful in the competition by winning first and second place. 6. PUBLIC HEARINGS None 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions None B. Bid Considerations None C. Other Business 1) Traffic Study for Central Avenue Corridor From 37t~ to 40t~ Avenues A representative from BRW, the City's traffic consultant, reviewed the firm's findings regarding the traffic study for Central Avenue. He specifically reviewed the options for traffic control, movement of lane traffic going north on Central Avenue/Reservoir Boulevard, on-street parking, medians, mm lanes and traffic control. Some members of the City Council expressed their preferences for the options presented and stated their concerns regarding some of the recommendations. It was noted that no decisions nor choices must be made by the Council before the submission of the application to Mn/DOT for cooperative funding. The traffic study need only be accepted. There was a consensus on the Council to address common left turn lanes and the removal of center medians and to include this position in the motion. REGULAR COUNCIL MEETING SEPTEMBER 28, 1998 PAGE 13 Motion by Peterson, second by Sturdevant to accept the Traffic Study Report for Central Avenue Corridor from 37th to 40th Avenues prepared by BRW and authorize application to Mn/DOT for cooperative funding for Central Avenue improvements from 37th to 40th Avenues, as recommended in the report plus including removal of all center medians for the purpose of common left mm lanes. Roll call: All ayes 2) Recodification of Ci_ty Code Motion by Peterson, second by Ruettimarm to authorize staffto enter into a contract with the League of Minnesota Cities for the recodification and publication of the City Code based on their proposal dated August 4, 1998. Roll call: All ayes 3) Revenue from Sale of Sullivan Park Land to Medtronic A copy of Resolution No. 96-31 which addressed the purchase of property adjacent to the land being considered for a community center was distributed. Discussion centered on funds needed to proceed with the building of a community center. This item is being discussed at this time as there is an opportunity to apply for a grant from which funds could be used for the building of a community center. This is a matching grant situation which is two for one. The Mayor stated, while he supports the building ora community center, he needs more information regarding its funding sources. Motion by Peterson, second by Ruettimann to repay the Capital Improvements-Parks fund $80,198 from the land sale proceeds and to appropriate $279,750 from Sullivan Park land sale, and to appropriate $140,052 in General Fund undesignated fund balance, and to appropriate $80,198 from Capital Improvements - Parks fund balance for a total matching grant of $500,000 for a community center. Roll call: Szurek, Jolly, Ruettimarm and Peterson - aye Sturdevant - abstain 8. ADMINISTRATIVE REPORTS A. Report of the Ci_ty Manager No report B. Report of the City Attorney No report REGULAR COUNCIL MEETING SEPTEMBER 28, 1998 PAGE 14 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions Minutes for the following meetings were included in the agenda packet: September 1, 1998 Library Board of Trustees; September 17, 1998 Telecommunications Commission and the August 18, 1998 EDA. No Council action was required. t0. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA Councilmember Jolly commented on his appreciation for the efforts of the Senior Citizen Coordinator and how so many benefit from these efforts. A resident inquired as to the accountability of the City Attorney. He was advised that the City Attorney reports to the City Council. It was noted that there was a poor turnout at a recent fundraising concert held in the Huset Park band shell. RECESS TO EXECUTIVE SESSION Motion by Ruettimann, second by Sturdevant to recess at 8:45 p.m. to an Executive Session to discuss Stark et al vs. MPRS Lawsuit and appoint Jo-Anne Student, Council Secretary, to keep a written report. Roll call: All ayes RECONVENE REGULAR COUNCIL MEETING Motion by Sturdevant, second by Szurek to reconvene the Regular Council Meeting at 8:58 p.m. from the Executive Session which was called to discuss Stark et al vs. MPRS Lawsuit with Jo-Anne Student, Council Secretary, keeping a written report. Roll call: All ayes 11. ADJOURNMENT Motion by Ruettimann, second by Szurek to adjourn the Council meeting at 9:00 p.m. Roll call: Alt ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of · OCTOBER 12, 1998 AGENDA SECTION' CONSENT ORIGINATING DEPT.. CITY MANAGER NO: ~./ ASSESSING APPROVAL ITEM: RESOLUTION CERTIFYING DELINQUENT BY. JANE GLEASON BY: ASSESSMENTS NO' 4-~'. DATE' OCTOBER 7, 1998 The City Council is asked to adopt annually a Resolution to certify delinquent assessments to the County Property Tax Administrator for collection. This resolution includes delinquent special assessments, utility, and miscellaneous charges, totaling $57,654.32. Also, for the Council's information, staff has attached a balance sheet of 1997 current assessments and history showing the final amount being sent to Anoka County for placement on the tax rolls as $55,005.28. Staff recommends the Council adopt the following motions. RECOMMENDED MOTION. Move to waive the reading of Resolution 98-89, there being ample copies available to the public. RECOMMENDED MOTION. Move to adopt Resolution 98-89, being a Resolution to certify delinquent assessments to Anoka County for collection with the Property taxes payable in 1999. COUNCIL ACTION. RESOLUTION NO. 98 - 89 CERTIFICATION OF DELINQUENT ASSESSMENTS BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that THE COUNTY AUDITOR be, and he is hereby directed, to levy the delinquent special assessments, delinquent utility, and miscellaneous delinquent bills on the properties in the City of Columbia Heights as submitted on the attached pages and filed in the Assessment Book for 1998 totaling $57,654.32. BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual property tax statements for the current year and identified thereon as "Special Assessments - Fund #82824. SAID LEVIES shall be enforced and collected in the manner provided for the enforcement and collection of State and County taxes under and in accordance with the provisions of the general laws of the State. All assessments with penalties and interest as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. THE CITY OF COLUMBIA HEIGHTS shall accept payments on these levies until October 5, 1998. Upon receipt of said payments the City will remove them from the certification list sent to Anoka County. Passed this 12th day of October, 1998. Offered by: Seconded by: Roll Call: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary county~dlqspres.cer CITY OF COLUMBIA HEIGHTS SPECIAL ASSESSMENTS Current Balances 10% Penalty & County Fee Misc. Delinquent Utility Misc. Delinquent Bills $49,616.39 6,371.15 325.36 1,341.42 TOTAL DELINQUENT 1998 Minus Payments Received (9/!7 thru 10/8) TOTAL 1998 AMOUNT CERTIFIED $57,654.32 2,649.04 $55,005.28 The current balance of $49,616.39 is 34.05% of the total billed as current, which was 145,694.47. CURRENT SPECIAL ASSESSMENT HISTORY (excluding delinquent utility and miscellaneous bills) YEAR TOTAL BILLED UNPAID CURRENT % CERTIPIED 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 201,700 46 197,640 59 218,860 49 188,131 51 187,314 27 154,598 !0 105,192 39 125,887 78 159,282 22 64,766 69 71,693 40 145,694 47 79,788 58 87,194 08 76,784 00 81,849 03 54,05! 09 53,213 54 33,219 35 40,595 50 72,695 02 25,925 62 28,140 52 49,616 39 39 56% 44 13% 34 17% 43 51% 28 86% 34 42% 31 58% 32 25% 45 64% 40 03% 39 26% 34 05% county~balpage, cer CITY COUNCIL LETTER Meeting of: October 1Z t998 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: ~'~ Fire ITEM: Establish Hearing Dates BY: Charlie Kewatt BY: License Revocation, Rental Properties t NO: ~"~, DATE: September 30, 1998 DATE: Revocation or suspension ora license to operate a rental property with_in the City of Columbia Heights is requested against the following owner regarding his/her rental property for failure to meet the requirements of the Housing Maintenance Codes. 1. Jocelyn Hoffarth .............................. 672 48th Avenue NE 2. David Utke .................................... 3947 Arthur Street NE 3. Jason Bouchard ................................ 1336-1338 43-1/2 Avenue NE 4. Roger Gillespie ................................ 1010 42nd Avenue NE 5. Farzara Khan .................................. 966-968 44-1/2 Avenue NE 6. Sharon Vermeer ............................... 615 40th Avenue NE 7. Gary Bailey ................................... 233 42nd Avenue NE RECOMMENDED MOTION: Move to Establish a Hearing Date of October 26, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Jocelyn Hoffarth at 672 48th Avenue NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of October 26, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against David Utke at 3947 Arthur Street NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of October 26, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Jason Bouchard at 1336-1338 43-1/2 Avenue NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of October 26, 1998 for Revocation or Suspension of a License to Operate a Rental Property xvithin the City of Columbia Heights against Roger Gillespie at 1010 42nd Avenue NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of October 26, 1998 for Revocation or Suspension ora License to Operate a Rental Property within the City of Columbia Heights against Farzara Khan at 966-968 44-1/2 Avenue NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of October 26, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Sharon Vermeer at 615 40th Avenue NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of October 26, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Gary Bailey at 233 42nd Avenue NE. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: October 12, 1998 AGEN?tA SECTION: Consent NO. ~t ORIGINATING DEPARTMENT [ POLICE ITEM: State of Mirmesota Overtime Grant BY: Thomas M. Johnson_. BY: NO. ~ ~' t~ DATE: October 8, 1998 t.~)! t[ DATE: CITY MANAGER APPROVAL: II BACKGROUND The Columbia Heights Police Department has for the past three years received a state grant to cover overtime costs of placing additional officers on the streets of Columbia Heights. In 1996 and 1997 the department received $30,000 for each year. In 1998, because more departments have applied for these funds, we will be receiving $20,000. ANALYSIS/CONCLUSION The Columbia Heights Police Department wishes to continue the additional programs that we have been allowed to do because these funds are available to us. These programs include truancy, detection, alcohol and tobacco compliance checks, curfew sweeps, laser details, warrant sweeps, and prisoner transports. RECOMMENDED MOTION: Move to adopt Resolution 98-87, being a resolution to enter into a cooperative agreement with the Minnesota Department of Public Safety for the project entitled Community Oriented Policing Grant for Overtime for the period fi:om November 1, 1998, to November 1, 1999, and that the City Manager and Mayor are hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the City of Columbia Heights. TMJ:mld 98-333 Attachment COUNCIL ACTION: Alcohol & Gambling Enforcement Bureau of Criminal Apprehension Capitol Security Driver & Vehicle Services Emergency Management/ Emergency Response Commission State Fire Marshal / Pipeline Safety State Patrol Traffic Safety Office of the Commissioner 445 Minnesota Street St., Suite 1000, North Central Life Tower, St. Paul, Minnesota 5510'I-5000 Phone: 612/296-6642 FAX: 612.297.5728 TTY: 612/282-6555 Internet: http://www, dps.state.m n.us September 9, 1998 Chief Thomas Johnson Columbia Heights Police Department 559 Mill Street NE Columbia Heights, Minnesota 55421 Dear Chief Thomas Johnson, I am writing to inform you that you have been awarded a grant under the 1998 portion of the 1997 Omnibus Crime Bill - Community Oriented Policing Grant for Overtime. The amount you have been awarded is $20,000.00. Thetotal amount available under this grant for FY 1999 was $1,102,000. This fiscal year (FY99) the Department of Public Safety received 79 requests for funding, totaling over $2.5 million. Of the 79 requ~sts three (3) applicants were funded at or near the requested level, 73 were funded at a lower level than requested and 3 applicants did not receive any funding. The lack of available resources made if impossible to fund every project, however the committee attempted to fund every qualified project at some level. In determining which projects, out of the many qualified projects, would receive what amount of funding, the committee used the following criteria: (1) (~) (3) (4) Financial need; Description of need; Description and quality of proposed program; If applicant received a previous grant, how well the applicant reported during the period of that contract; I have included in this letter some basic information: *The grants will be disbursed on a quarterly reimbursement basis. *You may request an advance of up to 25% of the grant amount. *There will be quarterl5, reporting requirements. The quarterly reports and invoices will be due by the 10th day of the month following the end of the quarter. If the grant award is different from the amount requested, you x~411 need to submit a revised budget for the amount of the award. Please submit this revised budget by Monday, October 5, 1998. Detailed instructions on important areas of this grant are attached. Ov~ the next few weeks I will be preparing the contracts. Once this task is complete, the contract will be sent to you for signature and resolutions. After all signatures have been received, the contract can be executed. At that time requests for advances ~411 be processed. I look forward to working with you this year. Il'you have any questions, please don't hesitate to call me at 651-297-1697. Pamela J. Docken Grants Administrator Equal Opportunity Employer CITY OF COLUMBIA HEIGHTS RESOLUTION 98-87 WHEREAS, the Columbia Heights Police Deparm~ent made application to the State of Minnesota Department of Public Safety for a grant for community oriented policing activities in order to pay overtime to perform these activities, and; WHEREAS, the Columbia Heights Police Department has been successful in obtaining this grant for the period November 1, 1998, to November 1, 1999, in the amount of $20,000; THEREFORE, BE IT RESOLVED that the City of Columbia Heights enter into a cooperative agreement with the Minnesota Department of Public Safety for the project entitled Community Oriented Policing Grant for Overtime for the period from November 1, 1998, to November 1, 1999; and that the City Manager and Mayor are hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the City of Colurnbia Heights. Passed this Offered by: Seconded by: Roll Call: 12th day of Ruettimann Sturdevant All ayes October 1998 Mayor Joseph Smrdevant Jo,Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: October t2, 1998 AGENDA/SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: .~ ~ Recreation APP~RO~VAL ITEM: Other Business-Appointments to Youth Comrrfission BY: Matt Lizmgren ~ BY: /~/~-/~'/'~// NO: ~ ' I~ DATE: October 6, 1998 ! BACKGROUND The Columbia Heights Youth Initiative Commission, in accordance with its by-laws, issued an invitation for applications for membership for the 1998-99 school year. Applications were received from September 14t~ to September 30th. Applications were available at Columbia Heights High School, Central Middle School, Immaculate Conception School, Columbia Heights City Hall, Columbia Heights Recreation Department and Columbia Heights Library. Press releases were sent out to the Focus News and Northeaster News, each of which provided excellent coverage regarding the application process. Additionally, letters and applications were sent out to known home- schoolers through a cooperative effort with the Columbia Heights School District. A total of seven applications were received for consideration. Of these seven applications, four were from students who attend Columbia Heights High School and Central Middle School. Two more came from students who live in Columbia Heights but attend St. Anthony High School. The final application came from a Columbia Heights resident who is home schooled. In keeping with the by-laws of the Youth Commission which states that "The Commission itself shall have input in the selection process", two current members of the Commission and the facilitator conducted interviews with the seven applicants on the evenings of October 5 & 6. Based upon the interviews and subsequent discussion among the interviewing panel, the following names are submitted for appointment to the Columbia Heights Youth Initiative Commission. These appointments will be valid through August 31, 2000 unless a member resigns or is removed from the Commission as provided for in the by-laws. RECOMMENDED MOTION: Motion by , second by to appoint Aaron Bj ork, Micah McLellan, James Martin and Kelly Crumpton each to a two year term on the Columbia Heights Youth Initiative Commission. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: October 12, 1998 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER' NO: ~ CITY MANAGER'S APPROVALg , / ITEM: AUTHORIZATION TO PAY DUES TO THE LEAGUE BY: WALT F EHST BY: ~/~ NO: OF MINNESOTA FOR THE NEXT FIS~AL~ Y~AR DATE: 10-6-98 DATE: z 5 Attached is a statement from the League of Minnesota Cities seeking payment of the City's 1998-1999 membership dues. You will note that the amount billed is $9,505. This figure is calculated on the basis of the City's population of 18,699. As in the past, memberships in organizations such as the League of Minnesota Cities have been acted upon by the City Council. Adequate funding has been included in the 1999 budget to cover the cost of our continued membership dues. As a point of reference, the dues for past years were as follows: 1997-1998: $9,221 1996-1997: $9,040 1995-1996:$8,939 1994-1995: $8,724 1993-1994: $8,746 1992-1993:$8,670 1991-1992:$8,690 1990-1991: $9,123 RECOMMENDED MOTION: Move to approve the continued membership with the League of Minnesota Cities and authorize the annual payment of $9,505. COUNCIL ACTION: League of Minnesota Cities 145 University Avenue West Saint Paul, Minnesota 55103-2044 City: Columbia Heights Population: 18,699 League of Minnesota Cities Cities promoting excellence in governance, management and services to citizens Dues Invoice Effective during 1998-99 CITIES WITH POPULATION OF: 249 OR LESS ............................................................................................................................ $235 250-4,999 .......................................................................... $81 PLUS 62.28 CENTS PER CAPITA · 5,000-9,999 ........: .................................... ~ ...................... $650 PLUS 50.87 CENTS PER CAPITA 10,000-19,999 .............................................................. $1,406 PLUS 43.31 CENTS PER CAPITA 20,000-49,999 ............................................................. $4,808 PLUS 26.32 CENTS PER CAPITA 50,000-299,999 ........................................................... $14,234 PLUS 7,47 CENTS PER CAPITA 300,000 AND OVER .................................................. $23,993 PLUS 4.22 CENTS PER CAPITA (This schedule adopted June 13, 1995. Total rounded to nearest dollar.) For membership dues in the League of Minnesota Cities for the year beginning September 1, 1998. Annual dues for membership in the League of Minnesota Cities includes subscription at $20 each to Minnesota Cities. Pursuant to the disclosure requirements of Minnesota Statutes 1996, Section 6.76, the proportionate amount of 1998/99 dues spent for lobbying purposes is 12.1%. Payment from Public Funds Authorized by Minn. Stats, Sec. 465.58 $9,505 I declare under the penalties of law that the foregoing account is just and correct and that no part of it has been paid. Dated: September 1, 1998 (~~ 4- f/~ ~.~ Ja~/~s F. Miller Et6cutive Director, League of Minnesota Cities Annual dues for membersl~ip in the League of Minnesota Cities include subscriptions to Minnesota Cities magazine at $20 per subscription, according to the following schedule: Population group Number of subscriptions 249 or less 6 250 - 4,999 11 5,000 - 9,999 15 10,000- 19,999 20 20,000 - 49,999 25 50,000 - 299,999 30 300,000 or more 35 For further information on subscriptions contact Jodi Contreras at the League office, (651) 215-4030. 't 145 University. Avenue West, St. Paul, MN 55103-2044 Phone: (612) 281-1200 ° (800) 925-1122 Fax: (612) 281-1299 ° TDD (612) 281-1290 September 28, 1998 TO: FROM: Managers, Administrators, Clerks James F. Mille ~ ~ Executive Direct'or SUBJECT: League oflVfmnesota Cities Fiscal Year 1998-99 Membership Dues It is time once again to renew or begin your membership with the League of Minnesota Cities. Enclosed is the dues invoice which reflects the Board of Director's recently approved 3% dues increase, effective September 1, 1998. As a member of the League, your city helps to achieve the League's mission: Cities promoting excellence in governance, management and services to citizens. Your city also plays an important role in guiding the League's strategic initiatives. As a member, your city also receives important benefits, such as advocacy, education, information, products and services, insurance and consultation. These important League benefits are detailed in the enclosed brochure. On behalf of the Board and stat[ thank you for your continued support of the League. Don't hesitate to call us when we can be of service! " Enc. AN EQUAL OPPORTLrNITY/AFFIRMakTIVE ACTION EMPLOYER CITY COUNCIL LETTER Meetin of: October 12, 1998 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: q Community Development APPROVAL ITEM: Rezordng, Conditional Use Permit, Varia~Ces~' BY: Joe Hollman~/( BY: NO: Caseg9808-37, 4417 University and 315 44th Ave. DATE: October 7,t'1998 Issue Statement: The applicant requests a Rezoning from LB, Limited Business District to RB, Retail Business District along with a Conditional Use Permit and Site Plan Review to allow a retail grocery/minor motor fuel station at the northeast comer of 44th Ave. and University Ave. (315 44~ Ave. NE and 4417 University Avenue NE). Five different variances have also been requested. These are listed below. 1. Request to allow 14 parking spaces in front of the building rather than the requirement that all parking must be to the side or rear of the building which requires a variance of 14; 2. Request to allow no service stalls rather than the required two (2) which requires a variance of two (2). 3. Request to eliminate the requirement for a ten (10) foot landscaped yard along all abutting right-of-way lines; 4. Request to allow a 105 square foot free-standing sign rather than the required maximum of 75 square feet which requires a variance of 30 feet; and, 5. Request to allow a total square footage of all signs of 199 square feet rather than the required maximum of 138 square feet which requires a variance of 61 square feet. Background: The Planning and Zoning Commission held a Public Hearing for the request on August 11, 1998. There were a number of neighboring property owners present, voicing concerns about the proposal. These concerns seemed to be centered around potential traffic impacts and the perceived lack of a need for this type of use in the area. The Commission voted to recommend City Council denial of the Rezoning, Conditional Use Permit, and variances for said property. They also moved to deny the site plan. There were four votes in favor of the motion to deny and one abstention. The applicant requested that these requests be tabled from the August 24, 1998, City Council Agenda to the September 14, 1998, City Council Agenda. The City Council granted the request to table final determination, and sent the revisions back to the Planning and Zoning Commission and Traffic Commission for review. Analysis: Having received and reviewed a revised site plan, Staff still had a number of concerns regarding the proposed layout. Please refer to the attachment labeled "Attachment to Case 9808-37" for a complete review of the revised site plan. Please find the following information attached: Attachment to Case 9808-37; Revised Site Plan; Staff Report from the August 11 Meeting; Completed Application forms; Legal Description; Sign Diagrams; University Avenue RB zoning map; Land Use Plan map; List of permitted uses in the RB District; Public Notices. Recommendation: The Planning and Zoning Commission reopened the public hearing for the request on October 6, 1998. Having received and reviewed the revised site plan and heard additional comments from surrounding property owners as well as representatives from Casey's General Stores, Inc., they voted to recommend City Council denial of the request for rezoning, conditional use permit, site plan, and variances due to the txXential negative impacts on surrounding property, and because the proposal is not consistent with the City Comprehensive Plan. Recommended Motion: Move to deny the request for the rezoning, the conditional use permit, and the variances for the property at 315 44th Avenue NE and 4417 University Avenue NE due to the potential negative impacts on surrounding property, and because the request is not consistent with the City Comprehensive Plan. COUNCIL ACTION: Attachment to Case 9808-37 Page 1 Applicant: Property: ATTACHMENT TO CASE 9808-37 Casey's General Store's, Inc. 315 44t~ Avenue NE and 4417 University Avenue Background On August 11, 1998, the Planning and Zoning Commission reviewed a request for a rezoning from LB, Limited Business District to KB, Retail Business District; a Conditional Use Permit to allow a minor motor fuel station; multiple variances; and, Site Plan review for a proposed Casey's General Store at 315 44~ Avenue NE and 4417 University Avenue, which is at the northeast corner of 44~ Avenue and University Avenue. At that time, the Commission voted to recommend City Council denial of the requests. Representatives from Casey's General Stores requested that the City Council table final action until a revised site plan is submitted and reviewed. The City Council did table the request and sent it back to the October 6 Planning and Zoning Commission for review. The following provides a summary of how the revised site plan addresses the concerns raised during the August meeting. Issues Addressed by Revised Site Plan: 1. All trash, waste material and unwanted motor vehicle parts shall be stored within a separate enclosure behind the building. The revised site plan indicates that the dumpster will be located behind the building which meets this requirement. Note that Casey's is proposing a separate approach which will only have access to the dumpster. Access or egress curb cuts to a motor fuel station shall not be less than 50 feet from the curb line intersection on secondary thoroughfares. The proposed approach on the previous site plan was roughly 55 feet from the curb line intersection of 44t~ Avenue and the University Avenue frontage road which meets this requirement. Note that the City Engineer stated that the site access off the frontage road needs to go before the Traffic Commission, and its location should be moved as far north as possible. The approach has been pushed north and is now roughly 75 feet from the curb line intersection. Regarding the handicap accessible parking space, the previous site plan indicated that it would be located to the side of the building. Staff recommended that the space be relocated to be immediately in front of the main entrance into the building rather than to the side. The revised site plan indicates that the space will be in front of the building of the southeast corner near one of the two ramps. The previous site plan did not designate an area for loading and unloading. The revised plan does indicate a loading berth off the west side of the building. Attachment to Case 9808-37 Page 2 One concern about the previous site plan was that the parking in front of the building was set at angles. Staff recommended that the building be set further north and the parking spaces could be designed at 90 degrees. The revised site plan does indicate 90 degree parking in front of the building. The previous site plan showed a free-standing sign adjacent to the front property line. Section 9.113(4)(e) requires that free-standing signs meet front yard setback requirements, which is 15 feet in the RB District. The revised site plan indicates that the sign will meet the 15 foot setback requirement. ]ss~es Not Addressed by Revised Site Plan: A minimum ten (10) foot landscaped yard shall be provided along all abutting public right- of-way lines, except where approved driveways occur. There are three abutting public right-of-way lines involved (University Avenue frontage road, alley, and 44~ Avenue). The revised site plan indicates that there will be a landscaped yard along the 44t~ Ave. frontage, but not along the alley or frontage road which will require a variance. Staff will recommend denial of this variance request. This yard would provide a separation between Casey's parking lot and the alley, and ff properly landscaped would provide additional buffer between the subject property and neighboring residential properties. Wherever a motor fuel station abuts an "R" District, a fence not less than 50% opaque nor less than six feet high shall be erected and maintained along the side and rear property line that abuts the "R" District. The property across the alley to the east is zoned residentially and the property to the north is used residentially. Technically, the subject property does not abut a residentially zoned lot, but adequate fencing will be recommended as one of the conditions of approval. Note that the revised site plan does show a 6 foot privacy fence along the north property line and partially along the east property line but only in the northeast corner. Should the project go forward, staff would recommend as a condition of approval that the privacy fence extend along the east property line to a point where it would not interfere with the approach. All open off-street parking areas need to 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 which is 15 feet in the RB District. The site plan does indicate a curb around the perimeter of the parking area except along the alley. Note that the curb in the front yard has been extended to the required 15 feet. The site plan still indicates that the approach off 44~ Avenue will utilize the existing alley. Staff recommended in the previous report that the approach be separated from the alley. The location of this approach as well as the approaches from the frontage road are dependent upon Traffic Commission approval which will be held on October 5. Attachment to Case 9808-37 Page 3 The total square footage of the proposed free-standing sign is 105 square feet. The maximum amount allowed is 75 square feet, so the proposed sign will require a variance of 30 square feet. The total square footage of all signs can not exceed 138 square feet for this site (2 square feet for each front foot of the building). The proposal indicates a 105 square foot free-standing sign and 94 square feet of wall signage for a total of 199 square feet which requires a variance of 61 square feet. In order for a variance to be granted hardship needs to be established. At this point in time a hardship has not been demonstrated. There appears to be enough room on the site to provide adequate internal circulation. Although, the proposed layout of the site creates concerns regarding safe vehicle movement. The plan indicates that the parking lot will be paved all the way to the alley, leaving access wide open. If the alley is used for an approach, traffic should be directed into one opening along the alley, rather than the entire length of the alley. Also, the site plan does not indicate any space for snow removal and storage. .Other Issues: 1. All outside parking spaces are required to be located to the side and/or rear of the principal building. The proposed site plan indicates that there will be 14 parking spaces including the handicap accessible space located in front of the building which will require a variance. Considering that this type of variance has been granted on previous projects, staff would recommend approval of this variance should the project be approved. Minor motor fuel station shall have two service stalls. There are no service stalls proposed in this application which will require a variance. Should the project be approved, staff would recommend approval of th.is request. This type of variance has been granted on previous projects and it does not seem practical to require two service stalls when none are proposed. Parking requirements are based on the use of the building as a retail store, which will be the principal use of the structure. Requirements are at least one space for each 200 square feet of floor area. The proposed building will require 14 parking spaces. There are 16 standard spaces plus one handicap accessible space shown on the site plan which meets the minimum requirements of the Zoning Ordinance. This includes parking at the gas pumps. However, should the 10 foot landscaped yard be required along the alley and frontage road right-of-ways, 2 of the parking spaces would be removed. This leaves 14 spaces which still meets the minimum requirements. A drainage and grading plan will need to be submitted to the Department of Public Works for review and approval. Note that no land shall be developed in a manner that results in water run-off causing flooding, or erosion on adjacent properties. Attachment to Case 9808-37 Page 4 Another concern which was not listed in the previous report pertains to the underground storage tanks. The location of these tanks are right in the path of the traffic circulation patterns. This would normally not create concerns, but it raises a question as to where the fuel trucks will be stationed when filling the tanks. It appears that they will be parked over or near the tanks which will interfere with traffic circulation. The following provides a list of comments from the City Engineer. · The site access off the University Avenue Frontage Road and 44~ Avenue needs to go before the Traffic Commission for recommendation to the City Council. · The rate of runoff from the site must not exceed existing conditions. · For Public Works review, what is the before/after impervious coverage for the proposed development. How will the site be separated from the alley? A conflict in maintenance issues is possible without clear delineation of the alley and drive entrance and/or parking lot. How will the site be screened from the residential property to the east and north? Site drainage and erosion control is unclear. Existing water service lines must be disconnected at the main. Existing sanitary sewer services shall be disconnected and capped at the property line. A concrete sidewalk should be required along 44u' Avenue to match into the existing bus stop. The 60 foot wide driveway off of the frontage road seems excessive. I would recommend a commercial driveway opening of 32 feet in width, based upon the MnDOT State-Aid Manual. Stag Recommendation: For the August meeting, staff recommended that all decisions be tabled until a revised site plan was submitted. Having received and reviewed the revised plan, it is the opinion of the City Planner that the development can work on this site. However, it will be critical to protect the surrounding residential properties from the potential negative impacts of the proposed use, including light and sound. This can be accomplished through adequate landscaping and fencing. If Casey's is willing to modify the site plan to incorporate the conditions listed below, staff recommends approval of the rezoning, 2 of the 5 requested variances (see recommended motion for approval), and denial of the other 3 requested variances. However, should Casey's be committed to the revised site plan as proposed, staff recommends denial of the project. Staff recommends approval of the site plan, subject to the following conditions: 1. The approaches off 44u' Avenue and the University Avenue are subject to approval by the Traffic Commission and City Council. 2. Provide a minimum of a 10 foot landscaped yard along the alley right-of-way, as well as the University Avenue frontage road where there is not a driveway. 3. The landscape yard shall be separated by a bumper curb of 5-7 inches high. Attachment to Case 9808-37 Page 5 o Provide a screening fence and/or landscaped berm along the east and north property lines in an effort to screen the surrounding residential uses. City Engineer comments shall be satisfied. Staff also recommends approval of the Conditional Use Permit, subject to the following conditions: 1. A drainage and grading plan shall be submitted to the Department of Public Works for review and approval. 2. Plans, revisions and/or narrative response to the Public Works plan review must be submitted prior to final plan approval. 3. A lighting plan will need to be submitted to the Community Development Department for review and approval. Glare can not exceed three (3) foot-candles at the property line. 4. Approval of the site access by the Traffic Commission. 5. A modified site plan shall be submitted to the Community Development Department for review and approval. 6. Final approval of the rezoning request. 7. Approval of the Comprehensive Plan amendment by the Metropolitan Council. 8. A concrete sidewalk shall be constructed along 44~ Avenue as shown on the site plan to match into the existing bus stop at the expense of Casey's General Stores, Inc. 9. Existing water service lines shall be disconnected at the main. 10. Existing sanitary sewer services shall be disconnected and capped at the property line. 11. Adequately designed screening shall be constructed along the north and east property lines. This can be in the form of a privacy fence or a landscaped berm. 12. A minimum ten (10) foot landscaped yard shall be provided along all abutting public right- of-way lines except where driveways occur. 13. The existing alley shall not be used as an approach for the subject property. 14. Sign Ordinance requirements shall be met and in full compliance. Staff offers the following recommended motions: Recommended Motion to deny the request: Move to recommend denial of the request for rezoning, conditional use permit, site plan, and variances due to the potential negative impacts on surrounding property, and because the proposal is not consistent with the City Comprehensive Plan. -OR- Recommended Motions to approve the request: Move to approve the site plan, subject to the listed conditions. Move to recommend City Council approval of the rezoning of the properties listed in the attached legal description from LB, Limited Business to R.B, Retail Business, and to recommend City Council approval of the Conditional Use Permit to allow a minor motor fuel station subject to the Attachment to Case 9808-37 Page 6 listed conditions. Move to recommend City Council approval of the variance request to allow 14 parking spaces in front of the building, and approval of the variance request to allow zero service stalls rather than the required 2 because precedent has been established on previous projects in the City. Move to recommend City Council denial of the variance request to eliminate the requirement for a 10 foot landscaped yard along all abutting right-of-way lines; denial of the 30 square foot variance request to allow a 105 square foot free-standing sign; and denial of the 61 square foot variance request to allow a total square footage of 199 square feet for all signs because hardship has not been established. Attachments: · Revised Site Plan; Staff Report from the August 11 Meeting; Completed Application forms; Legal Description; Sign Diagrams; University Avenue RB zoning map; Land Use Plan map; List of permitted uses in the RB District; Public Notices Case: 9808-37 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE AUGUST 11, 1998 PUBLIC HEARING GENERAL INFORMATION Case #: 9808-37 Phone: Owner: Ronald Ballinger (Estate) Applicant: Address: 4417 University Ave. NE 315 44~ Ave. NE Columbia Heights, MN 788-7745 Parcel Address: 315 44t~ Ave. NE and 4417 University Ave. NE Zoning: LB, Limited Business Comprehensive Casey's General Stores, Inc. PO Box 3001 Ankeny, IA (515) 965-6502 Plan: MDR - Medium Density Residential and potential light rail transit station Surrounding Zoning and Land Uses: North: LB South: LB East: R-2 West: R-2 Zoning Land Use North: Multi-Family South: Residential East: Residential West: Residential BACKGROUND Explanation af Request: The applicant requests a Rezoning from LB, Limited Business District to RB, Retail Business District along with a Conditional Use Permit and Site Plan Review to allow a retail grocery/minor motor fuel station at the northeast corner of44~ Ave. and University Ave. (315 44~ Ave. NE and 4417 University Avenue NE). The proposal will also require seven different variances which are listed in a following section of this report. Case Histo~_ : Due to the condition of the existing vacant buildings on the subject property, the City Building Official has issued a suspended occupancy on both buildings. Both properties have also been declared hazardous buildings by the City Building Official On 6-29-95 compliance orders were Case: 9808-37 Page: 2 issued by the Fire Department. The orders were never fult'ffled, and the structures remain in noncompliance with national, state, and local codes. ANALYSIS Surrounding Property_: The surrounding property on the north and south is zoned LB, Limited Business and the property on the east and west is zoned R-2, Two Family Residential The adjacent property to the north is used for multiple family and the adjacent properties in the other three directions are used primarily for single family residential. Note that there is one single family lot to the south which separates the subject property from multiple family. Rezoning The property is currently zoned LB, Limited Business District. The proposed use of the property as a minor motor fuel station with retail grocery sales is neither a permitted or conditional use in the LB District. As a result the property needs to be rezoned to permit the proposed use. The most appropriate zoning designation is RB, Retail Business which allows the retail sale of grocery items as a permitted use and minor motor fuel stations as a conditional use. When evaluating a rezoning request it's important to consider how the proposed zoning change fits in with the surrounding area. The City needs to take care to ensure that a spot-zoning situation does not occur. The entire stretch of University Avenue between 37t~ Avenue and 53rd Avenue is a mix of multiple zoning districts. A number of different along University areas are currently zoned RB, Retail Business. Please refer to the attached map illustrating the pattern of RB zoning in the area. Because of this ex/sting pattern of zoning along University, the proposal is not considered to be a spot-zoning. When considering the rezoning request, it is important to note that a change in zoning districts changes the uses that would be permitted on the property. I have attached the section of the Zoning Ordinance listing permitted uses in the RB zoning district. Naturally, any new use or change of use would need to meet minimum requirements for screening, parking, etc. Conditional Use Permit, Site Plan Review, and Variances Technical Review: According to Section 9.113(2) of the Zoning Ordinance, a Conditional Use Permit is required for minor motor fuel stations in the RB District, subject to Section 9.117. These requirements are listed below. 1. The setback of any canopy or weather protection, free standing or projecting from the station structure shall not be less than ten (10) feet from the street right-of-way line nor less than twenty (20) feet from an abutting property l/ne. The proposed site plan indicates that the canopy will be more than 20 feet from the nearest property line which meets this requirement. Case: 9808-37 Page: 3 o o o 10. The sale or rent of motor vehicles, trailers, campers, boats and other items which are not kept entirely within the building shall require an approved open sales lot. The proposal does not include any sale or rent of motor vehicles, trailers, etc. A minimum ten (10) foot landscaped yard shall be provided along all abutting public right- of-way lines, except where approved driveways occur. There are three abutting public fight-of-way lines involved (University Avenue frontage road, alley, and 44~ Avenue). The proposed site plan indicates that there will be a landscaped yard along the 44t~ Ave. frontage, but not along the alley or frontage road which will require a variance. All goods offered for sale on the motor fuel station site other than those generally required for the operation and maintenance of motor vehicles shall be stored, sold and displayed within a building. The operation as proposed meets this requirement. All trash, waste material and unwanted motor vehicle parts shall be stored within a separate enclosure behind the building. The proposed site plan indicates that there wilt be a dumpster located along the western side of the building which will require a variance. All outside parking spaces shall be located to the side and/or rear of the principal building. The proposed site plan indicates that there will be 13 parking spaces located in front of the building which will also require a variance. The outdoor lighting system shall be approved by the City and shall be so designed to prevent any undue light there from being directly visible from the public right-of-way or abutting lots. A lighting plan will need to be submitted, reviewed, and approved by staff prior to the issuance of any building permits. Light can not exceed a glare of 3 foot candles at the property line. Wherever a motor fuel station abuts an "R" District, a fence not less than 50% opaque nor less than six feet high shall be erected and maintained along the side and rear property line that abuts the "R" District. The property across the alley to the east is zoned residentially and the property to the north is used residentially. Technically, the subject property does not abut a residentially zoned lot, but adequate fencing will be recommended as one of the conditions of approval. Minor motor fuel station shall have two service stalls. There are no service stalls proposed in this application which will require a variance. Access or egress curb cuts to a motor fuel station shall not be less than 50 feet from the curb line intersection on secondary thoroughfares. The proposed approach is roughly 55 feet from the curb line intersection of 44~ Avenue and the University Avenue frontage Case: 9808-37 Page: 4 road which meets this requirement. Note that the City Engineer stated that the site access off the frontage road needs to go before the Traffic Commission, and its location should be moved as far north as possible. The developed site will consist of four pump stations for gas, a canopy over these pump stations, and one 40' x 68' (2,720 square feet) building. Building setback requirements in the RB District are as follows: From Yard - 15 feet; Side Yard - None; and Rear Yard - 10 feet. The building as shown on the proposed site plan meets these requirements. Parking requirements are based on the use of the building as a retail store, which will be the principal use of the structure. Requirements are at least one space for each 200 square feet of floor area. The proposed building will require 14 parking spaces. There are 15 standard spaces plus one handicap accessible space shown on the site plan which meets the minimum requirements of the Zoning Ordinance. This includes parking at the gas pumps. There will also need to be one loading berth provided that is no less than 12 feet in width and 25 feet in length. At this point, there are no loading berths indicated on the site plan. All open off-street parking areas need to 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 tine which is 15 feet in the RB District. The site plan does indicate a curb around the perimeter of the parking area except along the alley. Also, the curb in the front yard is shown at 12 feet from the lot line in the southwest comer. This will need to be extended to the required 15 feet. Staff has several concerns regarding the design of the site plan. These concerns are summarized below. The site plan indicates that the approach off 44'~ Avenue will utili?e the existing alley. Commercial traffic is not desired in public alleys. Staff will recommend that the site plan be modified to locate the approach entirely on the subject property. The proposed approach is approximately 32 feet in width. If it is relocated to the west so it is entirely on the subject property, the approach will still be a distance of roughly 95 feet from the curb line intersection of 44"' Avenue and the University Avenue frontage road. This will exceed the minimum requirement of 50 feet. As mentioned above, a variance will be required to develop the site without the required ten foot landscaped yard along abutting right-of-ways. Staff will recommend denial of this request, as there is enough room on the property to provide the required landscaping. Also, there is no landscaping proposed adjacem to the alley. Considering that there are residential uses directly across the alley, a landscape buffer will help alleviate the potentially negative impacts that the proposed use can have on the neighboring properties. This buffer area will also provide space along the alley and Casey's parking lot for snow removal. Staff recommends the construction of a Case: 9808-37 Page: 5 privacy fence, or a landscaped berm if feasible, along the eastern and northern property lines along with the ten foot landscape yard to screen visual and noise impacts from the neighboring residential properties. The proposed location of the dumpster along the western edge of the building requires a variance and is not in the most desirable location. Staff will recommend denial of this variance as there is room on the property to locate the dumpster behind the building. Also, access to the dumpster on the site plan is restricted because there is a handicap accessible parking space located directly in front of the dumpster. Regarding the handicap accessible parking space, staff recommends that this be relocated to be immediately in front of the main entrance into the building rather than to the side. The parking design as proposed meets minimum standards of the Zoning Ordinance. Note that the site plan indicates that the parking spaces immediately in front of the store will be set at an angle. This is necessary to maintain an adequate drive aisle between the parking spaces and the canopy. However, the building can be set closer to the rear lot l/ne which will provide more space between the canopy and building. Currently, the building is proposed to be 50 feet from the rear lot line. It would only need to be a few feet closer to the rear lot line to provide enough space to design 90 degree parking spaces which will allow the handicap accessible space enough room to be located in front of the main entrance without diminishing the number of parking spaces. There will still be enough space between the building and adjacent multiple family structures to provide an adequate buffer. The site plan indicates there will be a free-standing sign adjacent to the front property line. Section 9.113(4)(e) requires that free-standing signs meet front yard setback requirements, which is 15 feet in the RB District. A 15 foot variance is required to erect the sign at the proposed location. Staff will recommend denial of the request because there appears to be enough room on the site to meet the setback requirement. Also, the total square footage of the proposed free- standing sign is 105 square feet. The maximum amount allowed is 75 square feet, so the proposed sign will require a variance of 30 square feet. The total square footage of all signs can not exceed 138 square feet for this site (2 square feet for each front foot of the building). The proposal indicates a 105 square foot free-standing sign and 94 square feet of wall signage for a total of 199 square feet which requires a variance of 61 square feet. In order for a variance to be granted hardship needs to be established. At this point in time a hardship has not been demonstrated. A dra/rmge and grading plan will need to be submitted to the Department of Public Works for review and approval. Note that no land shall be developed in a manner that results in water run- off causing flooding, or erosion on adjacent properties. The City Engineer has had an opportunity to review the proposed site plan. Attached, please fred written comments from the City Engineer. Case: 9808-37 Page: 6 There appears to be enough room on the site to provide adequate internal circulation. Although, the proposed layout of the site creates concerns regarding safe vehicle movement. The plan indicates that the parking lot will be paved all the way to the alley, leaving access wide open. If the alley is used for an approach, traffic should be directed into one opening along the alley, rather than the entire length of the alley. Note that staff recommends that the alley not be used as an approach. Also, the site plan does not indicate any space for snow removal and storage. This is especially a concern along the alley. The minimum ten (10) foot landscaped yard requirement will provide some room for snow removal from the parking lot as well as the alley. Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for medium density residential use. The site is also labeled as a potential site for light rail transit. The proposal is not consistent with the Comprehensive Plan. As a result, an amendment to the Plan will need to be processed. Plan amendments need to be forwarded to the Metropolitan Council for their review and approval. I have attached a copy of the "Land Use Plan" map for your reference. Please note that the plan designations along University Avenue seem to reflect the existing land use pattern, and do not necessarily reflect a vision of future land use in the area. The issue of light rail transit seems to be gaining momentum again. In 1992, when the current Plan was updated, light rail transit was being discussed along the University Avenue corridor. As stated in the Plan, only two of the three locations are expected to be selected and plan implementation does not appear to be imminent. Since 1992, the issue of light rail transit seemed to fade away, but as I mentioned it seems to be reappearing as an issue. The potential for light rail transit at this site should be considered when evaluating this request. A timeline for light rail transit is not known at this point, possibly 10-15 years down the road. The question arises whether the property should be developed when it is being considered as a potential light rail transit site. Another issue worth considering is the future vision for this area. AS you know, the City is currently in the process of updating the Comprehensive Plan. At this point in time, recommendations for future land use have not been developed. The Commission should consider whether this site is appropriate for retail business zoning, and if it is deemed to be appropriate, where should the RB zoning district stop. 44e Avenue may be an appropriate border. The appropriate zoning south of 44e Avenue is another pertinent issue. The first three lots south of 44t~ are currently zoned LB, Limited Business, but are used residentially (one single family and two multi-family structures). This particular issue does not nexm~y need to be resolved immediately, but it does pertain to the rezoning issue at hand. Summa~_ : The positive aspects of this proposal are as follows: 1. Due to the amount of traffic at this intersection, this is a good location for the type of use Case: 9808-37 Page: 7 proposed. 2. The size of the subject property appears to be large enough to adequately contain the proposed use, provided the adjacent properties are screened appropriately. The negative aspects of this proposal are as follows: 1. The proposal does not comply with the City Comprehensive Plan. CONCLUSION Staff Recommendation: Due to the extent of recommended changes to the site plan, staff recommends that the Site Plan Review be continued until a new site plan is submitted that reflects the changes recommended in the staff report. Staff also recommends tabling the Rezoning, Conditional Use Permit, and Variance requests until a modified site plan is submitted. However, if the Commission determines it appropriate to take more definite action at this time, recommended alternative motions are provided below. Recommended Motion: Move to continue the Site Plan Review until a modified site plan is submitted. Move to table the Rezoning, Conditional Use Permit, and Variance requests until a modified site plan is submitted. Recommended Alternative Motions to Approve the Request: Move to approve the site plan, subject to the following modifications: 1. Locate the approach off 44~ Avenue NE entirely on the subject property. 2. Provide a minimum of a 10 foot landscaped yard along the alley right-of-way, as well as the University Avenue frontage road where there is not a driveway. 3. The landscape yard shall be separated by a bumper curb of 5-7 inches high. 4. Relocate the dumpster to a suitable location behind the building. 5. Move the building to the north, and redesign the parking layout to provide 90 degree parking in front of the building. 6. Relocate the handicap accessible parking space in front of the main entrance into the building. 7. Find a location for the free-standing sign that meets the 15 foot front yard setback requirement and does not interfere with safe vehicle movement. 8. Provide a screening fence and/or landscaped berm along the east and north property lines in an effort to screen the adjacent residential uses. 9. An area for loading and unloading shall be designated on the site plan. 10. The curb in the front yard shall be extended to the required 15 feet. Move to recommend City Council approval of the following two (2) variance requests because Case: 9808-37 Page: 8 precedent has been established in other areas of the City: 1. Recommend approval of the request to allow 13 parking spaces in front of the building rather than the requirement that all parking must be to the side or rear of the building which requires a variance of 13; and 2. Recommend approval of the request to allow no service stalls rather than the required two (2) which requires a vmance of two (2). Move to recommend City Council approval of the Conditional Use Permit, subject to the following conditions: 1. A drainage and grading plan shall be submitted to the Department of Public Works for review and approval. 2. A lighting plan will need to be submitted to the Community Development Department for review and approval. Glare can not exceed three (3) foot-candles at the property line. 3. Approval of the site access by the Traffic Commission. 4. A modified site plan shall be submitted to the Community Development Department for review and approval. 5, Final approval of the rezoning request. 6. Approval of the Comprehensive Plan amendment by the Metropolitan Council. 7. A concrete sidewalk shall be constructed along 44~ Avenue to match into the existing bus stop at the expense of Casey's General Stores, Inc. 8. Existing water service lines shall be disconnected at the main. 9. Existing sanitary sewer services shall be disconnected and capped at the property line. 10. Adequately designed screening shall be constructed along the north and east property lines. This can be in the form of a privacy fence or a landscaped berm. 11. A minimum ten (10) foot landscaped yard shall be provided along all abutting public right- of-way lines except where driveways occur. 12. All trash and solid waste material shall be adequately screened and stored within a separate enclosure behind the building. 13. The handicap accessible parking space shall be located as close as is practical to the main entrance to the building. 14. The existing alley shall not be used as an approach for the subject property. 15. Sign Ordinance requirements shall be met and in full compliance. Move to recommend City Council approval of the rezoning of the properties listed in the attached legal description from LB, Limited Business to RB, Retail Business. Move to recommend City Council der~ial of the following five (5) variance requests because hardship has not been established: 1. Recommend denial of the request to eliminate the requirement for a ten (10) foot landscaped yard along all abutting right-of-way lines; 2. Recommend denial of the request to eliminate the requirement that all trash and waste material be stored behind the building; Case: 9808-37 Page: 9 3. 4. 5. Recommend denial of the request to allow a free-standing sign adjacent to the front property line rather than the required 15 foot setback which requires a variance of 15 feet; Recommend denial of the request to allow a 105 square foot free-standing sign rather than the required maximum of 75 square feet which requires a variance of 30 feet; and, Recommend denial of the request to allow a total square footage of all signs of 199 square feet rather than the required maximum of 138 square feet which requires a variance of 61 square feet. Attachments: Completed Application forms; Legal Description; Site Plan and Legend; Sign Diagrams; University Avenue RB zoning map; Land Use Plan map; List of permitted uses in the RB District; Memo from City Engineer; Public Notice ~ITY OF COLUMBIA H~IGHTS ~pplication For: Rezoning ~ J[~O Application Date= June 23, 199~ Fee: Street Address of Subject Property: ~ Unive~i~ Aven~ Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval 2. 'Legal Description of Subject Property, See at~ched legal description Applicant: Rame: Casey's General Stores, Inc.(Contract Purchaser) Address: P.O. Box 3001 Anken.y~ IA 50021-8045 Phone: 515/965-6502 Description of Request: Please see the attached sheet Owner: ~a~d ~ll..ir~.r/_. Ne~me: Estate Uo~'r,4'tY ~gV~ ~17 N.E. Un~ve~gty Ave/ Address: 315 N.E. ~ Ave 612~-W45 Phone: 612/78~0711 Zonln~: Applicable City Ordinance Number Present Zoning LB-LimitedBusiness District Present Use Existing structures on property Section Proposed ZoninsRB-Retail Busi~ss District Proposed Use ccmve~ial use ?. Reason for Request, Please see the attached sheet 8. ~.~.lmibits Submitted (~ps. ~btagrams, etc.) SiR Pl~ Previously Su~tted Acknovled~ment and Si~nature~ The umdersig~ed hereby represents upon all of the penal!ties of law, for the purpose of l~ducing the City of Columbia Heights to take the action herein requested, that all mtatements herei~ are true a~d that all work herein mentioned will be done i~ accordance ~ith the Ordinances of the City o£ Columbia Eeights a~d the laws of the State~f Min~.esota. Sig~ature of Applicant=~U~ ~J~P ~-' Date; June PS, 19°~ -Les Knust, Casey'sGeneml Sto~s, Inc. Taken )y:_ CITY OF COLUMBIA HEIGHTS A~lication For: I~ezonlng Variance "~ Privacy Fence Conditional Use Perm!~. Subdivision Approval . Si=e Plan Approval Other Applica=ion Date: June 23, 1998 Case No: Fee, ~ /C~ Receipt No:_ Date Pald 1. Street Address of Subject Property, Corner of University Avenue and 44th Avenue N.E. ;2. Legal Description of Subject Property: See at~ached legal description ApDltcan=: Rams .. Casey's General Stores, Inc. (Contract Purchaser} Address: P.O. Box 3001 Ankeny, IA 50021-8045 !~hone .. 515/965-6502 0~'~er: Ronald Ballinger / Name : .EstaTe of Dorothy Tigue 4417 N.E. University Ave / Address:blZ//~_315 N.E~/~bb~h Av~. Phone, 612/789-07it Description of Request: Please see t, he at~ached variance requests ~. Z ontn=: Applicable City Ordinance Number Present Zoning LB-LimiTed Business District Present Use Existing structures on propert~ 7. Reason for ]~equest:I Please see the attached sheet .Section 9.116(18) Proposed ZonJ.ng RB-Retail Business District Proposed Use CcnTmrciat use Submitted (maps, diastase, etc.),I SiTe plan previously subnit-t~:d Acknovled~ment and Signature: The undersigned hereby represen=s upon all of the penalties 0£ law. for the purpose of inducing =he Ci=y of Columbia Heigh=s to take the ac=ion herein requee=ed. =ha= all s=atemen=s herein are =rue and ~ha= all york herein mentioned vtll be done in accordance rich the Ordinances of the City of Columbia Heights and :he laws o£ the S:a=~.~£ M~in~esota. ~s ~ust, ~sey'sGene~l S~s, I~. Taken By:. ._ LEGAL DESCRIPTION Lots 16, 17, 18, 19, 20, and 21, Block 20, Columbia Heights annex to Minneapolis, according to the plat thereof on file in the County Recorder's Office, Anoka County, Minnesota; except for the west 10.00 feet thereofi also excepting therefrom that part of said Lot 16, known as parcel 238A of Trunk Highway No. 47 right-of-way plat described as follows: Beginning at the southeast comer of said Lot 16; thence westerly on and assumed azimuth from north 270 degrees 22 minutes 01 seconds a distance of 119.60 feet to the easterly right-of-way line of University Avenue east frontage road; thence northerly 359 degrees 52 minutes 56 seconds azimuth along said easterly right-of-way line a distance of 20.00 feet; thence easterly 279 degrees 50 minutes 49 seconds azimuth a distance of 121.43 feet to the point of beginning. Said tract contains 27,499 square feet more or less. 1.) 2.) Casey's General Stores, Inc. requests the approval for rezoning of the property located at the comer of University Avenue and 44th Avenue N.E. from Limited Business District to Retail Business Distr/ct (R-B) to allow the construction of a convenience store with gasoline pumps and prepared foods. Casey's General Stores, Inc. requests the granting of a Conditional Use Permit to construct and operate a convenience store with gasoline pumps in a R-B District zoning. Casey's is also seeking site plan approval for the proposed location at the comer of University Avenue and 44th Avenue N.E. (site plan previously submitted). 1.) Casey's General Stores, Inc. requests the granting of a vamance to section 9.116(18)(C) of the City Ordinance for a 10' landscaped yard along all abutting right-of-way lines. 2.) Casey's General Stores, Inc. requests the granting ora variance to section 9.116(18)(e) which requires that all trash and waste material be stored behind the building. Casey's General Stores, Inc. requests the granting of a variance to section 9.116(18)(f) which requires that all outside parking spaces be located to the side and/or rear of the building. 4.) Casey's General Stores, Inc. requests the granting ora variance to section 9.116(18)(I) which requires that all minor motor fuel stations shall have two service stalls. 5.) Casey's General Stores, Inc. requests the granting of a variance to section 9.116(18)(j) which requires that curb cuts shall not be less than 50 feet from the curb line intersection on secondary thoroughfares. 6.) Casey's General Stores, Inc. requests the granting of a variance for the pylon sign to be located less than 15' on both property lines. CC~of Columbi~ Heights University Avenue RB Zoning Pattern Subject Pro LEGEND ~ Des~'i~tion This map illustrates the Retail Business (RB) Zoning District pattern along University Avenue I i~.,h -. 1,g~ f~ 1~ - 1:19,21)0 M~ D~: August 06, 1~8 s.~ (!) Orca. 117~ ?ec-~itted ?rlnci~al Uses use~ ~ce~c for o~e oz mo~e o~ the %o~~ us~: 1. ~ose uses p~Icced ~ Secclo~ 9.~(1) (~D) and as Te~!ac~ 2 Upholstery shops ~ich ~e ncc exceed three-thousand square fee: in f~oo~ area. m~£. 4/~7 V/thin ·n7 ":l~8" BusS=ess D1st=!e:, nc et~'uctu=e or land st~ll be used the fcl!ov1=g uses coopt b~ co~dt:1o=~! use pe~-~Ic. (al Accesser7 bul!dlnSs. ~.;el!in8, u=Its I:r~vld ed ., (~) "The 6nits dc nc= occupy =he first flc.:r. T~: a ~ocF intended for usa51e space shat1 be enclosed by a we II or fence not less than five (5) feet in height. Day care centers. (~) (el Orcl. 1047, (h) eS.f. 8/25/83 Of£-stree= t~ark1=S !ocs subject to Settle,, 9.7.16(2). O~en s~!es !ecs subject cc SecClon 9.1!6(14). Te~a1=s subject to Section ~.117. co Sect!on 9.116(15) a=d ?re~ared Foo~ De!l~e~ Establta~cne=cs as suc~ es=a~!!s~=s a~e d~ed ~ Secglca 9.103(63). I0:00 a.m. a~ 7.:00 a.m. for those [ti] The entire area shall have · drainage aTsc~ approved by =b.e CI=7 [I!I] The err!re ·rea ocher tl~a= ttmt occulted by the st~-~ccure or plancl~g s~ll be s~rfaced with a macerlal w~Ich vlll co=ertl ~us: an~ drawee co the approval ~ the Clt7 E=g~eer. one (1) or ~ore of the follov~ uses: ?e~ed Pri~ci~a! Uses ~u~inesses p~ovi~g ~he ~ol!~g sales (~) (~)' (~) (=) (aa) (~) (cc) Antiques. Appliance sales and service.- Art and school supplles Bakery goods. Banks Barber S~ops. Beauty Parlors. · · - -' Books and office su~plies. Bc~vllng Alleys. Broadcasting studlo. Business School. Bus and Transportation center. Candy, ice cream, popcorn, nuts, frozen desserts end soft drinks, but not where a drive-In serv$ce Is provided. Camera and photographic sales and repair. Carpets and rugs. Tennis, racque:ba!!, handball, table tennis and boxing clubs along with clubs defined by ~inneso:a S:atu~e S340.07, $ubd~ 15. Co;ns and stamps. Costume and formal wear rent&lt Oellcatessen. Department stores. Drugs. Dry cleaning.and laundry plck-up locatlon~ lncludlng Incidental presslng and rep·lt. Dry cleanlng and laundry selfrserv$ce facility. Employment agency. Florist Shop. Floor covering. Frozen foods, not includlng · locker plant. Furniture, Includlng upholstery, Sen conducted ·s · secondary use. Fur products ·nd the processl.ng of furs when dlrect1¥ related to fetal1 sales fr~ the slte. Oifts or novelties. 322 - (ff) (hh) (,~) ~kk.) mm) ([mn) ~) (ss) (vv) (xx) (yy) (zz) (aaa) (b~) (ddd~ (eee) (fff) (gO.g) (hhh) (;;ij ¢ kkk) Glass, china and pottery. Grocery, fruit and vegetables. Hardware. Hobby crafts including handicraft classes. Hotet. Interior decorating studio. Jewelry, tlme pieces and repairs. Leather goods and luggage. Library, both publlc and private. Liquor store (off-sale) Heat market, but not including processing for a locker plant. HusTcal instruments and re~alrs. Newsstands. Offices-business and professional. 0ffices-gove~nmental. Paint, wallpaper and related materials. Pet shop, provided the operation shall not include the boarding of pets for a fee, the maintaining of pens outside of the buildlng or the operating so as to cause an offensive odor or noise. Photographic studio. Pipe and tobacco shop. Post office or telegraph sub-statlon. Printing shops which occupy not more than three thousand (3,000) square feet of gross floor area. Records, television, radlo, hi-fi and recording equipment. Savings and loan offices. Sewing machine, related equipment and sewing classes. Shoes and shoe repair. Sporting goods. Stationery supplies. Tailor shop. Theater, not of drive-in variety. Television studio. Toys. Transportation center. Travel bureau. Variety store. 323 CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE: N.E:., COt. UMBIA HEIGHTS, MN 55~21-3878 (612) 7~2-2800 TDD P/.ANtVItV8 AIVD ZOiVItVG COMMI$$1OtV 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, August 11, 1998. The order of business is as follows: A request for rezoning of the property located at 4405 University Avenue, which is the northeast corner of 44~' Avenue and University Avenue, from LB, Limited Business to RB, Retail Business to allow a retail grocery/minor motor fuel station. A request for a Site Plan approval and a Conditional Use Permit for the minor motor fuel station. The site plan, as proposed will require seven different variances. These are described as follows: 1. A request for a variance to Section 9.118(18)(c) of the Zoning Ordinance which requires a ten (10) foot landscaped yard along all abutting right of way lines. The proposal indicates that there will not be landscaping in certain areas along abutting right of way lines which requires a variance of ten (10) feet. 2. A request for a variance to Section 9.116(18)(e) which requires that all trash and waste material be stored behind the building. The proposal indicates that trash and waste material will be stored along the west side of the building which requires a variance. 3. A request for a variance to Section 9.116(18)(f) which requires that all outside parking spaces be located to the side and/or rear of the building. The proposal indicates there will be 13 parking spaces in front of the building which requires a variance of 13 parking spaces. 4. A request for a variance to Section 9.116(18)(i) which requires that all minor motor fuel stations shall have two (2) service stalls. The proposal indicates that there will not be any service stalls which requires a variance of two (2). 5. A request for a variance to Section 9.113(4)(e) which requires a pylon sign to be located a minimum of fifteen (15) feet from the front property line. The proposal indicates that the sign will be adjacent to the front property tine which requires a variance of fifteen (15) feet. 6. A request for a variance to Section 9.117A(10) which requires that free-standing signs do not exceed 75 square feet. The proposal indicates a 105 square foot free-standing sign which requires a variance of 30 square feet. 7. A request for a variance to Section 9.117A(10) which requires that the total square footage of all signs can not exceed 138 square feet for this site. The proposal indicates 199 square feet of total signage which requires a variance of 61 square feet. 'rile ciTY OF' CO~..UMBIA ~EIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILIT'Y IN EMPLOYMENT OR THE PROVISION OF SERVICES I-"~UAL OPPORTUNITY EMPI. DYER Page 2 Notice is hereby given that alt 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 i~vailabte 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.) CITY OF COLUMBIA HEIGHTS (1--) Joh~ Hunter $90,40TH AVENUE N,E., COLUMBIA HEIGHTS, MN 55,~2. 1-3878 (612) 7~2-2800 TOD 782-28~~te~ PZANNllV8 ANO ZONING C01~15510~ .NOTICE OF PUBLIC HEARIN~ 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, October 6, 1998. The order of business is as follows: On August 11, 1998, the Planning and Zoning Commission reviewed a request for a rezoning from LB, Limited Business District to KB, Retail Business District; a Conditional Use Permit to allow a minor motor fuel station; multiple variances; and, Site Plan review for a proposed Casey's General Store at 315 N.E. 44'h Avenue and 4417 University Avenue, which is at the northeast comer of 44' Avenue and University Avenue. At that time, the Commission voted to recommend City Council denial of the requests. Representatives from Casey's General Stores requested that the City Council table final action until a revised site plan is submitted and reviewed. The City Council did table the request and sent it back to the October 6, t 998, Planning and Zoning Commission for review. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. Planning and Zoning Commission I;ITY 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. (TOD/782-2806 for deaf or hearing impaired only.) ~'HE CI'~Y OF ~OL. UNIBIA HEIGHTc; DOES NOT ~')ISCRIMINATE ON '¢HE BASIS OF' DISABIL. I'T*Y IN EMPL. OYMEN'T OR THE PROVISION OF' SERVICES EOLJAL. OPPORTUNI'~'Y EMPLOYER CITY COUNCIL LETTER Meeting of: October 12, 1998 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: l./g Community Development APPROVAL ITEM: Variance BY: Joe Hollman '~ BY: NO: Case #9810-42, 4763 Heights Dr. ~' ~ DATE: October 7,'1998 Issue Statement: This is a request for a variance to Section 9.104(5) of the Columbia Heights Zoning Ordinance which requires a minimum three (3) foot side yard setback for accessory structures in the R-2, Two Family Residential zoning district. The proposal is to construct a 624 square foot garage at 4763 Heights Drive one (1) foot from the side property line which requires a variance of two (2) feet. Background: The site plan indicates a 2 foot side yard setback to the proposed garage. Having discussed this issue with the applicant, the distance between the lot line and the base of the garage will be 2 feet and the distance between the lot line and the roof overhang will be 1 foot. Note that setbacks are measured to the actual structure of the building, not the edge of the roof, so the variance request is actually 1 foot rather than the 2 feet stated on the application. Analysis: According to the City Building Official, a one-hour fire wall will be needed if the garage is closer than 3 feet to the lot line. The applicant is aware of this requirement and has stated that he is willing to construct the garage with a fire wall. Having discussed this issue with the Building Official, he does not have a problem with the variance as long as the fire wall is constructed to achieve a one hour separation. 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. According to the applicant, there is a large maple tree located on the lot which creates a hardship. Staff did visit the site, and there is a tree on the property. Note that this is a large maple tree with a canopy that covers a significant portion of the back yard. One possibility that was considered was the potential to set the garage further back on the property avoiding the tree which would enable the garage to meet the 3 foot setback requirement. However, there is a relatively steep bank at the back of the property, and the garage is being proposed to be set back as far as possible without cutting into t_he bank. The location of the tree on the property along with the bank do appear to create a legitimate hardship. Please find the following information attached: Staff Report; Completed application form; Area map; Site plan; Public Notice. Recommendation: The Planning and Zoning Commission held a Public Hearing for the variance request on October 6, 1998. They voted unanimously to recommend City Council approval of a variance of 1 foot at 4763 Heights Dr. because tree location and topography on the property create a hardship. Recommended Motion: Move to approve the variance of 1 foot at 4763 Heights Dr. because tree location and topography on the property create a hardship. COUNCIL ACTION: Case: 981042 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE OCTOBER 6, 1998 PUBLIC HEARING Case #: 9810-42 GENERAL INFORMATION Owner: David L. Nielsen Applicant: Address: 4763 Heights Dr. Columbia Heights, MN Phone: 572-0545 Parcel Address: 4763 Heights Dr. Zoning: R-2 Two Family Residential Comprehensive Plan: LDR, Low Density Residential same Surrounding Zoning and Land Uses: Zoning North: R-2 Land Use North: Residential South: R-2 South: Residential East: R-2 East: Residential West: R-2 West: Residential BACKGROUND Explanation of Request: This is a request for a variance to Section 9.104(5) of the Columbia Heights Zoning Ordinance which requires a minimum three (3) foot side yard setback for accessory structures in the R-2, Two Family Residential zoning district. The proposal is to construct a 624 square foot garage at 4763 Heights Drive one (1) foot from the side property line which requires a variance of two (2) feet. Case History: The are no pertinent Planning and Zoning Commission cases on this site. ANALYSIS Surrounding ProperS: The surrounding property in all four directions is zoned R-2, Two Family Residential, and is used Case: 981042 Page: 2 residentially. Technical Review: Accessory structures are regulated under Section 9.104(5) of the Zoning Ordinance. Requirements are as follows: · No accessory structure shall exceed the height of the principal structure or Fifteen (15) feet, whichever is less; · No accessory structures shall exceed 1,000 square feet, and any lot over 6,500 square feet may have a lot coverage of up to 30%; · Detached accessory structures must be six (6) feet or more from the principal structure; · Whenever a garage is designed so that the vehicle entry door is facing a street or alley, the distance between the door and the lot line shall be 20 feet or more; and, · Minimum of 3 feet inside the rear and side lot lines as approved by the Building Official. The site plan that was provided with the application 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 setback requirements. The lot coverage on the property if the new garage were built would be approximately 20%, which meets requirements. With the exception of the side yard setback requirement, the proposal meets the requirements of the Zoning Ordinance. The site plan indicates a 2 foot side yard setback to the proposed garage. Having discussed this issue with the applicant, the distance between the lot line and the base of the garage will be 2 feet and the distance between lot line and the roof overhang will be 1 foot. Note that setbacks are measured to the actual structure of the building, not the edge of the roof, so the variance request is actually 1 foot rather than the 2 feet stated on the application. According to the City Building Official, a one-hour lire wall will be needed if the garage is closer than 3 feet to the lot line. The applicant is aware of this requirement and has stated that he is willing to construct the garage with a fire wall. Having discussed this issue with the Building Official, he does not have a problem with the variance as long as the fire wall is constructed to achieve a one hour separation. 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 tot 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. According to the applicant, there is a large maple tree located on the lot which creates a hardship. Staff did visit the site, and there is a tree on the property. Note that this is a large maple tree with a canopy that covers a significant portion of the back yard. This tree does appear to create a legitimate hardship. Case: 9810-42 Page: 3 One possibility that was considered was the potential to set the garage further back on the property avoiding the tree which would enable the garage to meet the 3 toot setback requirement. However, there is a relatively steep bank at the back of the property, and the garage is being proposed to be set back as far as possible without cutting into the bank. The adjacent property to the south has a garage which is located across the back yard along the south property line, so locating the subject garage 1 foot closer to the lot line than permitted would have a minimal impact on this property. Considering this along wkh the fact that the applicant will need to construct the garage with a fire wall, the proposal should not have a negative impact on surrounding properties. A/so, there is not currently a garage on the property. Section 9. t 16(4) requires that single family dwellings provide at least two (2) off-street parking spaces, one of which shall be a garage. The proposal will bring the property into compliance with this requirement. Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for low density residential development, which includes one and two family dwellings. This proposal does not impact the goals and objectives of the Comprehensive Plan. The positive aspects of this proposal are as follows: 1. A garage is needed on the property to comply with Section 9. t 16(4) of the Zoning Ordinance. The negative aspects of this proposal are as follows: 1. Provided the garage is constructed with the required fire wall, there do not appear to be any negative aspects to this proposal. CONCLUSION Sra_~ Recommendation: St'afl recommends approval of the variance of 1 foot to allow the construction of a garage 2 feet from the side lot line rather than the required 3 feet because tree location and topography on the property create a hardship. Recommended Morion: Move to recommend City Council approval of the vat, ce of 1 foot at 4763 Heights Drive because tree location and topography on the property create a hardship. Attachments: Completed application form; Area map; Site plan; Public Notice CITY OF COLUMBIA w~IGHTS Applica=ion For: Variance Privac7 Fence Conditional Use Permit Subdivision Approval Site Plan Approval O~her  . Street Address of Subject PropertT: ~/~-~-~ 2. 'Le,a! Description of Subject PropertT: Application Date: Fee: . Date Paid eceipt No= 4. Owner: Name: Address: Phone: Zoni~: Applicable Ci=y Ordinance Number Presen= Zoning. ~"/-- Proposed Zonin~ Proposed Use ---- ./ 8. F. xhibi:s Submitted (maps, die&rams, etc.) Acknowledgment and Signature: The undersigned hereb7 represents upon all of the penalties of law, for the purpose of inducin~ the tit7 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 Cit~ of Columbia Heigh:s Taken Otc of Address Book Address Book - First Revision SE1/4 Section 25 INNSBRUCK 2600 11£od.64o117oo 260~ 2628 ~71~ 1600 ~6~0 2820 2830~ 264~ 1670 ~65C !660 !700 1730 1630' I720 ~740 !82~ ~710 '-----~....._' !840 1875 1725 17~ 18o~ ~705 ~735 FAI RVVAY !730 2820 I720 1800 4470 ,\,\ 4860 -2~"~'"'1''w~ ', 2~25 t 2200 '~'' ! 4826 i 2209 2221 ~ 2[18 2~32 2~00 222D FA~ RWAY DRiVe , 2036 2104 { I '~ ~ 4768 i~3ol ~ozo :~oo ~08 47~ ~, 2000 ~0~ ~ [4763 I 4762 4859 '4858 4849 r4848 !81~ ~ 481g 4809 4808. ~8o5 4804 4801 2345 4769 : 4768 4763 4756 47~9 ' 4756 ~ 4'750 747 t, 4746 '~747 'i4746 .¢739 '~ 4738 4733 [ 47~ ' (Jt 4735 1.4738 !4753 !4752 I 4753 !4750 i4747 i4746 i [4750 ! ; 4727 ' 4726 1 4715 i~ 4710 470~ f 4704~ 54~39 ~4638 ~S/ 4~39 ~ ~ 4455 ~[ 4448 4453 4450 i Q-. 4446 ~ 444B 4444 i Date: 03/13/1~8 2!22 2204~210 ~328 2!2.6, ]~ 1) 22.22 AV~ 2B40 233~ Ci(v of Columbia HeighS GJS- E.~'neering- Police Prmect Name: ;,E~BODK. AP~ Pro~c: Loc~c-on: C.\G~SDATA',CC~E'J:I:~dECTS Oeve~:c~3 for C~lurr,z~ He~c~as crn-.c~, Jont ~,,~i~) luy F~anSicg-¢. [_LC. Pa~: 05 ' / © el'TV OF COLUMBIA HEIGHTS (l-') ~90 40th AVENUE N.E., COLUMBIA HEIGHTS, MN 5~421-3878 (612) 782-2800 TDD 782-280~pgte~o~ Tom ~a~ P~ANNING ANO ZONING CaMM/SS/ON ~OTICE 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, October 6, 1998. The order of business is as follows: A request for a variance to Section 9.105(5) of'the Columbia Heights Zoning Ordinance which requires a minimum three (3) foot side yard setback for accessory structures in the R-2, Two Family Residential Zoning District. The proposal is to construct a 624 square foot garage at 4763 Heights Drive set one (1) foot from the side property line which requires a variance of two (2) 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 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. (TDD/782-2806 for deaf or hearing impaired only.) THE CiTY OF COLUMBIA HEIGHT~: DOES NOT DISCRIMINATE ON THE: SASiS OF r~ISAIBILITY IN EMPLOYMENT OR THE PROVISION EQUAL OPPORTUNITY EMPLOYE~ CITY COUNCIl. LETTER Meeting of: October 12, 1998 AGENDA SEdiTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Communit~f Development APPROVAL ITEM: Variance o BY: Joe Hollman~/~t BY: NO: Case g9810-45, 2303 Maiden Lane d~, i DATE: October 7, 199' ~ Issue Statement: This is a request for a variance to allow the construction of a 440 square foot garage at 2303 Maiden Lane twelve (12) feet from the side lot line with the vehicle entry door facing Ivanhoe Place. Section 9.104(5) of the Columbia Heights Zoning Ordinance requires that a garage be designed so that if the vehicle entry door faces a public street or alley, the distance between the door and the lot line shall be twenty (20) feet or more. This will require a variance of eight (8) feet. Background: The site plan that was provided with the application 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 6 foot setback requirement as proposed. The lot coverage on the property if the new garage were built would be approximately 17%, which meets requirements. With the exception of the 20 foot setback requirement, the proposal meets the requirements of the Zoning Ordinance. Analysis: 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. According to the applicant, it would be a hardship to set the garage back 20 feet due to a large maple tree on the property. Staff did visit the site, and there is an extremely large tree (approximately 4 feet in diameter) directly behind the existing garage. According to the City Forester, the tree appears to be healthy and structurally sound. It is the opinion of the City Planner that this tree does create a significant hardship. One possibility that was considered was the potential to construct the garage further south toward the house, avoiding the tree completely. However, it does not appear that a 20 foot wide garage would meet the 6 foot setback requirement between the house and garage. A second possibility considered was the potential to turn the garage 90 degrees so the vehicle entry door faces the house and locate it closer to the north property line to have access to the same curb cut. If this were the design, it would not need to meet the 20 foot setback requirement. However, there is a relatively steep bank in that area which prevents the garage from being any closer to the north property line. Please find the following information attached: Staff Report; Completed application form; Area map; Written summary by applicants; Site plans; Public Notice Recommendation: The Planning and Zoning Commission held a Public Hearing for the variance request on October 6, 1998. They voted unanimously to recommend City Council approval of a variance of 8 feet at 2303 Maiden Lane because tree location and topography on the property create a hardship. Recommended Motion: Move to approve the variance of 8 feet at 2303 Maiden Lane because tree location and topography on the property create a hardship. COUNCIL ACTION: I Case: 981045 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE OCTOBER 6, 1998 PUBLIC HEARING Case #: 9810-45 Owner: Address: Phone: Parcel Address: 2303 Maiden Lane Zoning: R-2 Two Family Residential Comprehensive Plan: LDR, Low Density Residential Larry D. Babin 2303 Maiden Lane Columbia Heights, MN 571-0334 GENERAL INFORMATION Applicant: SalTle Surrounding Zoning and Land Uses: Zoning North: R-2 South: R-2 East: R-2 West: R-2 Land Use North: Residential South: Residential East: Residential West: Residential BACKGROUND Explanation of Request: This is a request for a variance to allow the construction of a 440 square foot garage at 2303 Maiden Lane twelve (12) feet from the side lot line with the veh/cle entry door facing Ivanhoe Place. Section 9.104(5) of the Columbia Heights Zoning Ordinance requires that a garage be designed so that if the vehicle entry door faces a public street or alley, the distance between the door and the lot line shall be twenty (20) feet or more. This will require a variance of eight (8) feet. Case History: There are no previous Planning and Zoning Commission cases on this site. Case: 981045 Page: 2 ANALYSIS Surrounding Property: The surrounding property in all four directions is zoned R-2, Two Family Residential, and is used residentially. Technical Review: Accessory structures are regulated under Section 9.104(5) of the Zoning Ordinance. Requirements are as follows: · No accessory structure shall exceed the height of the principal structure or t~ffteen (15) feet, whichever is less; · No accessory structures shall exceed 1,000 square feet, and any lot over 6,500 square feet may have a lot coverage of up to 30%; Detached accessory structures must be six (6) feet or more from the principal structure; The setback from a side or rear property line shall be at least three (3) feet; and, Whenever a garage is designed so that the vehicle entry door is facing a street or alley, the distance between the door and the lot line shall be 20 feet or more. The site plan that was provided with the application 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 6 foot setback requirement as proposed. The lot coverage on the property if the new garage were built would be approximately 17%, which meets requirements. With the exception of the 20 foot setback requirement, the proposal meets the requirements of the Zoning Ordinance. 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. According to the applicant, it would be a hardship to set the garage back 20 feet due to a large maple tree on the property. Staff did visit the site, and there is an extremely large tree (approximately 4 feet in diameter) directly behind the existing garage. According to the City Forester, the tree appears to be healthy and structurally sound. It is the opinion of the City Planner that this tree does create a significant hardship. One possibility that was considered was the potential to construct the garage further south toward the house, avoiding the tree completely. However, it does not appear that a 20 foot wide garage would meet the 6 foot setback requirement between the house and garage. A second possibility considered was the potential to turn the garage 90 degrees so the vehicle entry door faces the house and locate it closer to the north property line to have access to the same curb cut. If this were the design, it would not need to meet the 20 foot setback requirement. However, there is a relatively steep bank in that area which prevents the garage from being any closer to the north Case: 9810-45 Page: 3 property line. Compliance with Ci~_ Comprehensive Plan: The City Comprehensive Plan designates this area for low density residential development, which includes one and two family dwellings. This proposal does not impact the goals and objectives of the Comprehensive Plan. The positive aspects of this proposal are as follows: 1. The proposal will improve the property by replacing an existing run-down garage. The negative aspects of this proposal are as follows: 1. Vehicles parked in the driveway will be partially parked into the public fight-of-way. However, the distance bet~veen the property line and the actual driving surface of Ivanhoe Place is another 10 feet which does provide some additional space for vehicles without interfering wkh traffic flow and snow plowing operations. CONCLUSION Sram Recommendation: Staff recommends approval of a variance of 8 feet to allow the leading edge of the garage to be constructed 12 feet from the property line rather than the required 20 feet because tree location and topography on the property create a hardship. Recommended Motion: Move to recommend City Council approval of a variance of 8 feet at 2303 Maiden Lane because tree location and topography on the property create a hardship. Attachments: · Completed application form; Area map; Written summary by applicants; Site plans; Public Notice Rezonin~ Var£ance Privacy Fence Conditional Use Permit Subdiv£s£on Approval Sire Plan Approval O~her 1. Street Address of Subject Property: Appl£cat£on Date Case No: Owner: Zonin~: Applicable City Ordinance Number Present Z onin[ ~"~ Proposed Zoning. '" Proposed Use ~ 7. Reason for Request: 9. Acknowledgment and Si~nature: :The unders£Tned hereby represents upon all of the penalties si law, for the purpose of inducin~ ~he City of Columbia Heights to take =he action herein requested, f~hat all statements herein are ~rue and tha= all work herein mentioned will be done in accordance wi=h the Ordinances of the City o£ Columb£a Helgh=s '. and ~he laws of fzhe S~ate of M~=nesoJ~_~ ~ . Taken By: Columbia Heighls Address Book Address Book - First Revision SE 1/4 Section 25 -- -~ INNSBRUCK , 4860 , ~,~ ..... \ -- --2~-0-4 , I I 2112.6 2200 { [ 1600 1620 ,1640 ~ I ~. ~' ~ ~ t - . , ~.~ ~ ~ ~ , t , , 2ZlO 4849 ' 4848 160~ 1625 171~ / k ~ 2~0- ~ ~ ~ I ~ 2~09 2__~ ~ ~ , HI~ND PL 4825 '4824 1610 .7.~ ; $740 ~5~t~%~' 210n ?~ ~ ~ 7~flR ~ 480 4808 1675 i725 ~' ' ~¢~?~>~1 2 13 2~2 2~5 1630 ~ ~705 I ~735 I ,~84~, $860 ~: ~01 2~0~ ~ ~2x1 ~ ~ ~ 2~A~ { ~ ~ 4801 2345 ~4743 '4742 : ~4~43 '[ 4~4~ ~4741 ~4742 11 ',4,~4~o~ 4,~ 4715 14714~ 47!7 ~.%?:;... i ' ~ : ':):i~:~::' ~ 4705 4704 ~ ~.~:~:%.r~L: , , .~¢ ~/ 4639 ~4638 ~/ 463~ ' ~ ~'X 4 ~-~,4 ~[~'~' '~ -~ k ~ ..... 308 2~2~ 4453 44T0 ' ; 444~ [4444 { ~ ~g~. -'-?" :,¢~ ====================== ,,,.: :: ,:;:.,.~.,:' a>:~.~::<~::..;.~:~<~ ,.. :.. 44S1 [ :[1182122212.6 [ 2204 2210 2328 Ci.tv of Columbia Heigl~ (~- F_.,~ineering- Police WALL o t z r WOOD FENCE ONE STORY ~303 I04.7 CUR8 CUT 5 103.5 102.8 103.3 X 102.1 '( 100.7 ~qENCHMARK= CENTER: OF ROUND CATCH BASIN~= lO0 ('A$SSUMED DATUM) September 44, I998 Planning and Zoning Commission City of Col. Hghts. Dear Commission Members: We are applying for a variance on above said property to remove and rebuild a new garage. We are requesting this variance to build the new garage on the location of the existing garage because of a very large tree which is located approximately 7 feet directly behind the existing garage which is approximately ~ feet from our property line. The city ordinance would make it impossible to build the new garage without removing the tree which is approximately 4 feet wide with 4 seperate trunks. A rough estimate by the City of Col. Hghts. forester for removal could be as much as $4,000. It is a very large tree well over 100 yrs. old but deemed as healthy by the City forester. His report should be on file with the City Planner's office. We will have the cost of removal estimated and will present those estimates at the Oct. 6 Planning and Zoning Meeting. At any rate, we could not currently afford to have this tree removed, even if the cost was much less. We have only budgeted the cost of rebuilding a new garage not knowing we would have this obstacle to consider. Currently, there is approximately 39 feet between the exisil:~g garage location and our house. To move the new garage to the middle of our yard to avoid the tree and meet the City's building codes would also not be feasible because of the loss of yard space and especially the cost of a new curb adjustment or assessment which we understand could be as much as $2,000. Met Collova and Joe Hollman from the City Planner's office came and viewed our dilemma and agreed that relocation of the new garage to avoid the tree woujctn't make sense eitl3er. Please review the current land survey with the diagram of the new garage location plus the diagram from our contractor from Western Garage. We have already sent them a sizeable downpayment and we are anxiously awaiting the permit to begin construction before winter. Thank you for your time and consideration in this matter. .,Sincerely, Babin 2303 Maiden Lane Col. Hghts., MN 55421 'NEIGH Y COLUMBI . - rs, MN $~,:/,21-.~ 8'78 (612) PL4NIV/NG AtVI7 ZO/II/tVG gOMM/$$/Otlf 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, October 6, 1998. The order of business is as follows: A request for a variance to allow the construction of a 440 square foot garage at 2303 Maiden Lane twelve (t2) feet from the side lot line with the vehicle entry door facing Ivanhoe Place. Section 9.104(5) of the Columbia Heights Zoning Ordinance requkes that a garage be designed so that if'the vehicle entry door faces a public street or alley, the distance between the door and the lot line shall be twenty (20) feet or more. This will requke a variance of eight (8) 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 ar782- 2800, extension 209, to make arrangements. (TD1]/782-2806 for deaf or hearing impaired only.) 'J'HE ~l'l'Y' OF ~OLUMBIA HEIGHT~ DOES NOT DISORIMINATE ON THE BASI~ OF DI~ASILI'I'Y IN EMPLOYMENT OR THE PROVISION OF SERVICES CITY COUNCIL LETTER Meeting of: October 12, 1998 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: /,~ Communit}~ Development APPROVAL ITEM: Conditional Use Permit o BY: Joe Hollman ~'~t~ BY: NO: Case g9810-46, 418 40~ Avenue NE /~"~,l DATE: October 7, 1998 Issue Statement: This is a request for a Conditional Use Permit to allow the construction of a 672 square foot garage at 418 40~ Avenue NE. This property is currently zoned RB, Retail Business, and Section 9.113(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for accessory structures in the RB District. Background: According to the Certificate of Survey, there is roughly 60 feet between the rear lot line and the back of the deck which is attached to the house. There is enough space on the lot to meet both the required 6 feet from the house setback along with the 20 foot setback for garages with the vehicle entry door facing a public alley. Also, the site plan indicates a four (4) foot side yard setback from the east property line. This meets the minimum requirements and provides ample space between the garage and the west side property line. The plan shows a 30 foot setback to the center of the alley. According to the City section maps, the alley right-of-way is 14 feet in width. A 30 foot setback from the center of the alley right-of- way would exceed the setback requirement by 3 feet. The lot coverage on the property if the new garage were built would be approximately 15%, which meets requirements. The proposal is in compliance with the Zoning Ordinance. Analysis: The subject property is zoned RB, Retail Business. Single family homes are neither a permitted nor a conditional use in the RB District which makes the use of this property legally nonconforming. One concern is that adding a garage to the property could be considered as intensifying a nonconforming use which would not be allowed. However, a garage can be used for commercial use as well as residential use, so if the property were to change to a conforming commercial use in the future the garage could still be used. It is the opinion of the City Planner that the garage is not intensifying a nonconforming use of property. Currently, there is not a garage on the property. Section 9.116(4) requires that single family dwellings provide at least two (2) off-street parking spaces, one of which shall be a garage. The proposal will bring the property into compliance with this requirement. Please find the following information attached: Staff Report; Completed application form; Area map; Site plan; Public Notice Recommendation: The Planning and Zoning Commission held a Public Hearing for the variance request on October 6, 1998. They voted unanimously to recommend City Council approval of a Conditional Use Permit to allow a garage on the property at 418 40th Avenue NE, subject to the following conditions: 1. All required state and local codes, permits, and inspections including, but not limited to building permits will be met and in full compliance. 2. The use of the garage shall remain accessory to the principal use of the property which at this time is residential. 3. Should the principal use of the property change to an allowed commercial operation, the use of the garage shall become accessory to that commercial use. Recommended Motion: Move to approve the Conditional Use Permit to allow a garage on the property at 418 40th Avenue NE, subject to the listed conditions. COUNCIL ACTION: Case: 9810-46 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE OCTOBER 6, 1998 PUBLIC HEARING Case #: 9810-46 Owner: Ron Delcourt Address: 418 40~ Ave. NE Columbia Heights, MN Phone: 789-9034 Parcel Address: 418 40'~ Ave. NE Zoning: RB - Retail Business Comprehensive Plan: HDR- High Density Residential GENERAL INFORMATION Applicant: sanle C - Commercial Surrounding Zoning and Land Uses: Zoning North: RB South: R-3 East: RB West: RB Land Use North: Commercial South: Residential East: Commercial West: Residential BACKGROUND Explanation Of Request: Th_is is a request for a Conditional Use Permit to allow the construction of a 672 square foot garage at 418 40~ Avenue NE. This property is currently zoned RB, Retail Business, and Section 9.113(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for accessory structures in the RB District. Case History: There are no previous Planning and Zoning Commission cases on this site. ANALYSIS Surrounding Property: The surrounding property on the north, east, and west is zoned RB, Retail Business. The Case: 9810-46 Page: 2 property to the north and east is used commercially, and the adjacent parcel to the west is residential. The area across the alley to the south is zoned R-3, Multiple Family Residential and is used residentially. Technical Review: Accessory structures are regulated under Section 9.104(5) of the Zoning Ordinance. Requirements are as follows: · No accessory structure shall exceed the height of the principal structure or fifteen (15) feet, whichever is less; · No accessory structures shall exceed 1,000 square feet, and any lot over 6,500 square feet may have a lot coverage of up to 30%; · Detached accessory structures must be six (6) feet or more from the principal structure; · The setback from a side or rear property line shall be at least three (3) feet; and, · Whenever a garage is designed so that the vehicle entry door is facing a street or alley, the distance between the door and the tot line shall be 20 feet or more. According to the Certificate of Survey, there is roughiy 60 feet between the rear lot line and the back of the deck which is attached to the house. There is enough space on the tot to meet both the required 6 feet from the house setback along with the 20 toot setback for garages with the vehicle entry door facing a public alley. Also, the site plan indicates a four (4) foot side yard setback from the east property line. This meets the minimum requirements and provides ample space between the garage and the west side property line. The plan shows a 30 foot setback to the center of the alley. According to the Cky section maps, the alley right-of-way is 14 feet in width. A 30 foot setback from the center of the alley right-of-way would exceed the setback requirement by 3 feet. The lot coverage on the property if the new garage were built would be approx/matety 15%, which meets requirements. As mentioned above, the subject property is zoned RB, Retail Business. Single family homes are neither a permitted nor a conditional use in the RB District which makes the use of this property legally nonconform/ng. One concern is that adding a garage to the property could be considered as intensifying a nonconforming use which would not be allowed. However, a garage can be used for commercial use as well as residential use, so if the property were to change to a conforming commercial use in the future the garage could still be used. It is the opinion of the City Planner that the garage is not intensifying a nonconforming use of property. Currently, there is not a garage on the property. Section 9.116(4) requires that single family dwellings provide at least two (2) off-street parking spaces, one of which shall be a garage. The proposal will bring the property into compliance wkh this requirement. Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for either future high density residential development or for future commercial development. The property appears to lie right on the Case: 981046 Page: 3 border between the two future land use classifications. However, considering that a garage can be used for either commercial or residential purposes, the proposal does not have a significant impact on the Comprehensive Plan. The positive aspects of this proposal are as follows: 1. A garage is needed on the property to comply with Section 9.116(4) of the Zoning Ordinance. 2. The proposal meets the requirements of Section 9.104(5) of the Zoning Ordinance. The negative aspects of this proposal are as follows: 1. There do not appear to be any negative aspects to this proposal. CONCLUSION Sta? Recommendation: Staff recommends approval of the Conditional Use Permit to allow a garage to the property at 418 40~ Avenue NE, subject to the following conditions: 1. All required state and local codes, permits, and inspections including, but not limited to building permits will be met and in full compliance. 2. The use of the garage shall remain accessory to the principal use of the property which at this time is residential. 3. Should the principal use of the property change to an allowed commercial operation, the use of the garage shall become accessory to that commercial use. Recommended Morion: Move to recommend City Council approval of the Condkional Use Permit to al/ow a garage on the property at 418 40th Avenue NE, subject to the listed conditions. Attachments: Completed application form; Area map; Site plan; Public Notice CITY OF COLUMBIA HEIGHTS Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other 2. 'Legal Description of Subject Property: 5. Description of Request: Zoning: Applicable City Ordinance Number P=esent zo= n 7. Reason for Eequest: ~'c .~h %% ~ ~'~ ~ ~ , Proposed Zoning Proposed Use ~ 8. Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and Signature: 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 acoordance with the Ordinances of the City of Columbia Heights and the laws of the State of Minnesota. Taken By: · 3924 3916 3910 ,;~%:;" 3810 ~ 3800 j045 ~ ~045 ~ ] 4061 [ j ~ , I 4040 ~ I 4045 4040 4041] 4034 4033 1 4~: 4026 ~022 4012 4013 4008 -- ~, 535 AVE ,,, ~ 40TH AVE j I 3~4a {~>~'k 3948~2%~ 226{ ~l 3832 ) 3804 [3806' ~3804 3755 3756 3753 ;i~7~2 , ~--i 3755 L ~ 3754 3717 . 3712 F i~ LLI , / / /39~'455 3=, // /' !3704 3801 ! 5!7 525 533 500 532I 533 ~--1i 37TH - --~'~, { i ~57 56 AVl= Ci~ oj"Co/,~z H~'~ C~ - FJ~'~m'~- Po/ice ~re - .~ + .~:~,~=,N~me: ACC~:::OFJ~R ~m~ec~Lcc~r~n: C.\(iSOATA~.C~ECC[OJL=OTS C:~=ve~Cf~Colurrt:iaMe~(Td-Ct'c;.mR:,~e~)WP~ar~LLC. Pa$e: 14 j FOR -~o~ ~.~.~ CERT I.F I CATE OF SURVEY ~t~m~~ ~ f~IEASURE~ENT$ SHOIiN IN FEET AND DECIMALS O~ A ~oor] 4~2 ~FFERSON ST. NE. C~ FE~.tFS. ~. 5542~ ~~~ (6t2) 7~-9769 FAX (612) 788-760 O Z0 P---: I SCALE 1N FEET o -- IRON MONUMENT(.~b C{TY OF COLUMBIA HEIGHTS (i..,) J~hn Hun~e~ S90 40TH AVENUE N.E,, COLUMBIA HEIGHTS, MN S~,421-3~7~ ($12) 782-2~00 TDD Torn Ram~tett P~NNI~IO ~N~ ZONIN$ gOI~II~II$$10N NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission wilt conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, October 8, 1998. The order of business is as follows: A request for a Conditional Use Permit to allow the construction of a 672 square foot garage at 418 N.E. 40~' Avenue. This property is currently zoned RB, Retail Business, and Section 9.1 D(_) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for accessory structures in the RB District. Notice is hereby given that all persons having an interest will he 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 ail 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 coil the City Council Secretary at 782- 2800, extension 209, to make arrangements. (TD0/782-2806 for deaf or hearing impaired only.) CITY OF COLUMBIA HEIGHTS Meeting of: October 12, 1998 AGENDA SECTION: Consent ORIGINATING CITY MANAGER NO: ~ DEPARTMENT: EDA APPROVAL I TEM:ApprovePaymenttoeurchase4216 BY: Ken Anderson ~-q~ BY: /Y~7~f.,p, Central Avenue NE from Anoka County ~/-~ DATE: October 2, 1998 . BACKGROUND: The EDA has previously taken action to authorize the purchase of the tax forfeit property at 4216 Central Avenue NE with the parcel identification number of F35 30 24 14 0077. The reason for acquiring this parcel was to sell the property to the current owner of the adjacent property at 4200 Central Avenue NE. Mr. Bruce Nedegaard currently has a contract for deed on this property and is interested in constructing an office facility for his business use as well as for lease purposes. Attached to this letter is correspondence dated August 28, 1998 from Anoka County itemizing the cost for purchase of the property for a total of $11,829.45. In order to complete the transaction, the County needs a check in this amount in order to obtain and record the deed from the State of Minnesota. The EDA previously authorized the acquisition of the tax forfeit parcel at 4216 Central Avenue at its regular meeting of July 16, 1998. At a subsequent meeting on September 21, 1998, the EDA authorized the purchase from Fund 235-46385-5110 as suggested by the Finance Department. However, because this fund includes properties owned by both the EDA/HRA and the City, the authorization to expend monies from this fund also requires City Council approval and authorization. This request for action will authorize the expenditure of $11,829.45 to complete the acquisition by the EDA. In order for the EDA to sell this property, it must conduct a public hearing. A hearing will be scheduled at the next available meeting once the County informs us the property has been conveyed to the EDA. RECOMMENDATION: The EDA and Staff recommends City Council authorization to approve the expenditure of funds to acquire the referenced parcel. RECOMMENDED MOTION: Move to accept the recommendation of the EDA and authorize payment to the County of Anoka for the acquisition of tax forfeited land at 4216 Central Avenue NE, P.I.N. F35 30 24 14 0077, in the amount of $11,829.45 plus associated legal fees to prepare a purchase agreement and complete the transaction with funding appropriated from 235-46385-5110. Attachments EDA ACTION: h: 9-21-984216central August 28, 1998 COUNTY OF ANOKA DIVISION OF PROPERTY RECORDS AND TAXATION Edward M. TresA'a, Division Manager GOVERNMENT CENTER · 2100 3RD AVENUE · ANOKA, MN 55303 Mr. Ken Anderson Columbia Heights EDA 590 - 40th Avenue NE Columbia Heights, MN 55421 RE: Conveyance of tax forfeited land F35 30 24 14 0077 Dear Mr. Anderson: This is to advise you that the application made by the Columbia Heights EDA for conveyance of tax forfeited land for a nonspecific use on the above named parcel was approved by the Board of Commissioners at their meeting held August 25, 1998. Before we can continue with the process of obtaining and recording the deed from the State of Minnesota, we need a check from you in the amount of $11,829.45. This amount includes the following: Purchase Price State Assurance Fee State Deed Fee Recording Fee State Deed Tax Stamp & Ag Fee TOTAL $11,400.00 342.00 25.00 19.50 $ 42.95 $11,829.45 If you have any questions regarding this matter, please contact me at 323-5443. Sharon Kosnopfal Lead Public Service Specialist Affirmative Action / Equal Opportunity Employer CITY COUNCIL LETTER Meeting of: October 12, 1998 AGENDA SECTION:, CONSENT AGENDA: ORIGINATING DEPT.: CITY MANAGER NO: ~t ...... ~ ~- :' ~ Community Development APPROVAL ITEM: Res. 98-88 Enforcement of BY: MelCollova BY: NO: Optional Chapter 1306 HSB Code Charles Kewatt ~ ~ DATE: September 29, 1998 Issue Statement: Request Council adoption of Resolution 98-~z~ in order to direct City staff to not enforce the optional provision of Chapter 1306, Special Fire Protection Systems, inadvertently adopted with the 1995 Minnesota State Building Code by Ordinance 1344. Background/Analysis: This provision of the Code would require most Commercial/Industrial buildings in the City to have a fire sprinkler system and any existing building receiving additions or other types of remodeling would also have to be sprinklered throughout. To properly enforce this provision a thorough study of the existing municipal water system would have to be conducted proving that the existing water supply would be adequate to provide the water pressure and volume necessary to have an effective system in all buildings required to be sprinkled by this provision. We are requesting this Resolution 98- be adopted by the City Council in lieu of amending Ordinance 1344. This Ordinance will soon be replaced by a new Ordinance to be presented to the City Councit adopting the 1998 Minnesota State Building Code. The City Attorney has recommended a resolution (see attached) be adopted which authorizes staffto not enforcethe special fire protection systems section of the code during this interim time period. When the ordinance adopting the 1998 Minnesota State Building Code is drafted, staff is recommending this optional section not be included due to the hardships to be imposed on existing building owners and the water system questions. The Fire Chief has signed this letter and concurs with this recommendation. There are two alternatives to consider: Alternative 1: Require staff to enforce the Code inadvertently adopted. Alternative 2: Direct staff to not enforce the optional provision of Chapter 1306 of the Minnesota State Building Code inadvertently adopted by Ordinance 1344. Staff recommends approval of the following two motions. Recommended Motion: Move to waive the reading of Resolution 98- 300 there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 98-e~, Being a Resolution on Enforcement of Optional Chapter 1306 of the Minnesota State Building Code. COUNCIL ACTION: RESOLUTION NO. 98-88 RESOLUTION REQUESTING DIRECTION ON ENFORCEMENT OF OPTIONAL CHAPTER 1306 OF THE MINNESOTA STATE BUILDING CODE WHEREAS, Chapter 1306 of the Minnesota State Building Code is optional; WHEREAS, Chapter 1306 of the Minnesota State Building Code was inadvertently adopted and included as part of Ordinance Number 1344; WHEREAS, enforcement would put a financial strain on existing and future commercial/industrial property owners in their redevelopment and remodeling efforts; WHEREAS, enforcement would create additional demands on the existing infrastructure to include the street excavation repair and water distribution systems; WHEREAS, the Building Official requested adoption in error and here to date has never enforced this provision; WHEREAS, a fire sprinkler system is required by the Uniform Building Code for certain buildings and is adopted without option; WHEREAS, before adoption of tkis chapter, an evaluation of the municipal water distribution system should be conducted by a private agency as suggested by the City Engineer; THEREFORE, BE IT RESOLVED that the City staff enforce the provisions of the 1995 Minnesota State Building Code adopted by Ordinance 1344 with the exception of optional Chapter 1306 which provisions should be waived. BE IT FURTHER RESOLVED that staff is directed to prepare a new Ordinance for consideration by the City Council said Ordinance to repeal Ordinance 1344 and adopt the new 1998 Minnesota State Building excluding Chapter 1306. BE IT FURTHER RESOLVED this proposed Ordinance be presented to the City Council at the earliest available date. Passed this 12th day of October, 1998. Offered by: Ruettimann Seconded by: Sturdevant Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council CITY COUNCIL LETTER Meeting of: 10/12/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: d~ PUBLIC WORKS ITEM: APPROVAL OF RESOLUTION AND AWARD OF BY: K. Hansen BY: RETAINING WALL CONSTRUCTION PROJECT DATE: 10/8/98~/ DATE: #9733, 9734 AND 9738 /~/t_ ~ Background: On September 14, 1998, City Council authorized staff to seek bids for retaining wall construction at the following three locations along State Aid Streets: 3857 Van Buren St. (on 39~' Avenue), 4001 Cleveland Street, 4000 Benjamin Place (on 40t~ Avenue), 1306 and 1312 44th Avenue. Plans and specifications for retaining wall construction were advertised for bids in the Focus on October t and in the Construction Bulletin on September 25 and October 2, 1998. Six contractors or suppliers requested copies of the bidding documents. Two bids were received and publically read aloud at the October 8, 1998 bid opening. A copy of the minutes is attached. Analysis/Conclusions: The low bid for retaining wall construction was submitted by Nadeau Utility, Inc. of Maple Grove in the amount of $39,797.89. Staff is recommending award of the project. Construction will be paid for with State Aid Construction 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- ql accepting bids and award the Retaining Wall Construction Project No. 9733, 9734 and 9738 to Nadeau Utility, Inc. of Maple Grove, Minnesota, based upon their low responsible bid in the amount of $39,797.89 to be appropriated bom Funds 402-59733-5130, 402-59734~5130, and 402-59738- 5130; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. KH:jb 98-336 Attachment: Bid Opening Minutes Resolution COUNCIL ACTION: Resolution No. 98- ~ 1 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR MODULAR BLOCK RETAINING WALL CONSTRUCTION CITY PROJECTS #9733, 9734, AND 9738 TO NADEAU UTILITY, INC. WHEREAS, pursuant to an advertisement for bids for City Projects #9733, 9734 and 9738, Modular Block Retaining Wall Construction, S.A.P. No. 113-104-12, 113-110-07, and 113- 112-07, two bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement. Nadeau Utility, Inc. Rosti Construction Co. WHEREAS, it appears that Nadeau Utility, Inc. of 20005 Highway 8 t, Maple Grove, Minnesota 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 Nadeau Utility, Inc. in the name of the City of Columbia Heights for Modular Block Retaining Wall Construction, City Projects No. 9733, 9734 and 9738, according to plans and specifications therefore approved by the Council. o 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. Dated this 12th day of October, 1998. Offered by: Ruett i mann Seconded by: Sturdevant Roll Call: A11 ayes CITY OF COLUMBIA HEIGHTS BY 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 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 12th day of October, 1998, as disclosed by the records of said City in my possession. Seal Jo-Anne Student Deputy City Clerk CITY OF COLUMBIA HEIGHTS 637 38TIt AVENUE N.E. COLUMBIA HEIGHTS, MINNESOTA 55421 MINUTES OF BID OPENING THURSDAY, OCTOBER 8, 1998 AT 10:00 A.M. CITY PROJECTS NO. 9733, 9734 AND 9738 MODULAR BLOCK RETAINING WALL CONSTRUCTION S.A.P. NO. 113-104-12, 113-110-07, AND 113-112-07 Pursuant to an advertisement for bids for City Project 9733, 9734 and 9738, an administrative meeting was held on October 8, 1998 for the purpose of bid opening. Bids were opened and read aloud. ATTENDING THE MEETING WERE: Kathyjean Young, Assistant City Engineer Joanne Baker, Public Works Secretary BIDS WERE OPENED AND READ ALOUD AS FOLLOWS: CONTRACT Nadeau Utility, Inc. Rosti Construction Co. TOTAL BID $ 39,797.89 $ 47,683.20 Respectfully Submitted, Joanne Baker, Public Works Secretary G:kPublic Works\CorrespondencekBid Opening Minutes Retaining Wall Construction :L (),/' C,:ii.)? 98 15: !. 9: 01 F:'U!'.I:C, :C, ESC:F;: I F:'T Z 0I'.1 J. 0 t 2o 1 2.02 203 2(.".,4 2. 05 2 ]. 2 225 235 240 250 2:7 :ii:.: ?. 99 4!'.:'", 6 () J. 6C, 2 6 () 3 ,:S09 70 ! 72.0 880 G,r:!:!',!E: F;,' A!... C-OMMUIq]['TY DiEVIii]...OF'MtZI'-IT F:'LJ!".I)} AI".IO I<A C:OLJI"tTY F:'AF;.'I<V]iIi']b~ V]iLI...A I',ICJF;.'T'H E.'EC:Ot',IOM :1: C: X) !ii: V E: L. 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I...1...,-.~ ..:d::. I.':.'.';l:"l"Y OF:' (Zi)LI...tMB;t:A l..ltEit;l.'3H"f'~,~; GL. 54:.':)F;:-V05 ,, 2(.'." F'AGE: 8 B A ,"" ! I '-'..' V Iii: hi )'.) 0 F;.: BAI"-I K CHE:C I'.':: :I: l'.I(;';i AC'.'C:Ol.,q'.l'f' CHEC I'.'.'. AMOUN'T 74908 749,.'.')9 74910 7492 :t. 749 ! 2: 749 :!. 3 749 t 4 749 ~L 5 749:!.6 74 '? :t. 7 74'";.:' :I. 8 749 :t. 9 74920 7492.1. 74922 74925 24 ,, 60 558 ,, 23 90 ,, O0 4~'~;0 ,, 80 102.95 2 :.: 990 ,, 20 32 ! ,, 60 :.':';:36 ,, 54 :l. :, %'.'J. I .... ' :L, :I. :I. :I. ,, :!. 9 182 ,, :I. 2 :I.::;:".2 ,, 4.:t. :I. 0,.'.':, ,, ":','"' ..-:R:, ,, 48 18 :, 270 ,, 08 :I..?;4 ,, 9:/; TO CiTY COUNCIL OCTOBER 12, 1998 ~igned ~aiver Form Accompanied Application 1998 BUSINESS LICENSE AGENDA APPROVED BY CONTRACTORS LOCATED AT FEES BUILDING OFFICIAL *Dave Kraemer Services *Michal's HHH Pump & Meter Service Ryan Plumbing S&S Plumbing ' *Serice Construction *Zebra Bros. Construction 6220- 167th Ave. N.W. 2779-161" Ave. N.W. 11303 Excelsior Blvd. 811 University 8374 Windbreak Trail 7109 Cahill Ave. E. 616 White Bear Ave. 40.00 40.00 40.00 40.00 40.00 40.00 40.00 SINGLE EVENT CLUB ON SALE BEER POLICE DEPT. Immaculate Conception Church C/O James Rummel 4030 Jackson St. December 8,. 1998 REQUEST FEE BE WAIVED SINGLE EVENT ON SALE CLUB LIQUOR POLICE DEPT. Immaculate Conception Church CtO James Rummel 4030 Jackson St. December 8, 1998 REQUEST FEE BE WAIVED license.ag The Church of the Immaculate Conception October 1, 1998 Mayor Joseph Sturdevant and City Council City Hall 590 40th Av. NE. Columbia Heights, MN. 55421 Dear Mayor and Council Members: The Church of the Immaculate Conception is applying for a permit and license to serve beer and wine at a dinner in Fellowship Hall located in the church building on December 8, 1998. The dinner will follow a liturgical worship service initiating a year long celebration of the parish's 75th Anniversary. The dinner will not be a fundraising event but simply a part of the festivities on December 8. On behalf of the parish, I request that the application and license fees be waived. Your granting of a waiver at previous events is greatly appreciated. I hope that you will be able to grant our request for the church's 75th Anniversary dinner. Sincerely, / ('/J~ames H. Rummet ~' Business Administrator 4030 Jackson Street Northeast, Columbia Heights, Minnesota 55421-2929 ¢(~12) 788-900~ CITY OF COLUMBIA HEIGHTS Regular Meeting of: October 12, 1998 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER NO: ~}~ Community Development APPROVAL ITEM: Approving EDA Purchasin, g PA31icy BY: Kenneth R. Anderson ~,~, BY:~"x~~ and Authority ~t ~ DATE: October 2, 1998 BACKGROUND: The purpose of this letter is to request City Council action to clarify the purchasing policies and authorization to approve expenditures by the Columbia Heights Economic Development Authority (EDA). There are several funds falling within the oversight of staff within the Community Development Department. This includes activities and responsibilities undertaken by the EDA. Staff is requesting policy direction from the City Council to establish procedures for authorizing payments and other f'mancial transactions by the EDA in the future. ANALYSIS: There are several funds that are administered within the Community Development Department. Those funds and their titles/description are listed below. We have also listed in the third column titled "Authorizing Agency" the recommended governmental body which will be authorized to approve expenditures, budget amendments, and any other financial transaction related to each respective fund. FUND DESCRIPTION AUTHORIZING AGENCY 101 General Government Buildings City Council 201 Building Inspections/Com. Dev. Admin. City Council 202 Community Development Block Grant/HOME City Council* 203 Parkview Villa North EDA 204 EDA/Home Improvement (MHFA) EDA 205 Columbia Heights Section 8 Certificates/Vouchers EDA 213 Parkview Villa South EDA 235 Rental Properties/Vacant Housing EDA** 299 HRA EDA * The Authorizing Agency for the HOME program will be dependant upon which agency applies for and receives funds through the HOME program. The Authorizing Agency shall enter into a contract to administer the approved grant/loan activities under the HOME program. Either agency is eligible to apply and receive HOME funds. ** Staff will be initiating the process to transfer title of all properties to the EDA. These funds have been established to improve reporting to federal agencies as well as to improve management control for the various programs that are administered by the City of Columbia Heights and the Columbia Heights Economic Development Authority. Approving EDA Purchasing Authority October 2, 1998 Page 2 This issue is being brought to the City Council as a response to the EDA approving and authorizing the acquisition of property at 4216 Central Avenue NE in the amount of $11,829.45. Funds were authorized to be expended from the Temporary/Vacant Housing department which has an adequate fund balance to cover this expenditure. However, several of the properties which fall within this department are also owned by the City of Columbia Heights. Council authorization is requested to clarify the ultimate authority for making these expenditures. RECOMMENDATION: Staff is recommending City Council approval and authorization to allow the EDA total and complete fiduciary responsibility over the respective funds listed above. RECOMMENDED MOTION: Move to authorize the EDA full authority to approve expenditures, transfers, budget amendments, and other financial transactions related to the funds within its operational jurisdiction as follows and subject to other procedures and guidelines which may be established by the City Council and/or EDA: FUND DESCRIPTION AUTHORIZING AGENCY 101 General Government Buildings City Council 201 Building Inspections/Com. Dev. Admin. City Council 202 Community Development Block Grant/HOME City Council 203 Parkview Villa North EDA 204 EDA/Home Improvement (MHFA) EDA 205 Columbia Heights Section 8 Certificates/Vouchers EDA 213 Parkview Villa South EDA 235 Rental Properties/Vacant Housing EDA 299 HRA EDA H:\CouncilXltrl 0-12-98purchase COI/NCIL ACTION: COLUMBIA HEIGHTS POLICE DEPARTMENT TO: FROM: SUBJECT: Walt Fehst, City Manager Thomas M. Johnson, Chief ofPolic(77~.~ Recognition of BFI for Donation of Funds to DARE Program to be Used for DARE Vehicle DATE: October 5, 1998 The Police Department would like to recognize and thank the principals of BFI for their donation to our DARE program which allowed us to repaint and place graphics on our new police van. We would also like to formally present the van to the City Council. TMJ:mld 98-342 CITY OF COLUMBIA HEIGHTS 590 40th AVENUE N.E., COLUmbIA HEightS, MN 55421-3878 (612) 782-2800 TDD 782-2806 POLISH AMERICAN HERITAGE MONTH PROCLAMATION WHEREAS: October is Polish American Heritage Month, which is a national celebration of Polish heritage; and WHEREAS: This observance also recognizes the Polish culture and pride in cooperation with the Polish American Congress and Polonia across America; and WHEREAS: The Polish American Heritage Month Committee is celebrating the Seventeenth Anniversary of its founding since being recognized in Philadelphia, Pennsylvania; and WHEREAS: The purpose of the Committee is to bring attention to the contributions of Poles and Polish Americans to the United States and world history; and WHEREAS' In 1998 the 207th Anniversary of Poland's Constitution is being observed; and WHEREAS: WHEREAS: The City of Columbia Heights has many residents who take pride in their Polish heritage and ancestry; and The on-going and unique sharing of peace and friendship between Columbia Heights and its Sister City, Lomianki, Poland,has proven itself to be a treasured relationship. NOW, THEREFORE, BE IT RESOLVED, that I, Joseph Sturdevant, Mayor of the City of Columbia Heights, do hereby proclaim October as Polish American Heritage Month in Columbia Heights. Mayor Joseph Sturdevant October 1998 THE CI! ;HtS DOES NOt DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENt OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL LETTER Meeting of: October 12, 1998 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPT.: CITY MANAGER NO: ~ License Department APPROVAL ITEM: Ordinance ~1377 BY: mathryn Pepin BY Proposed changes to Licensing Section of City Code DATE: October 12, 1998 NO: ~. In November of 1995, former City Manager Pat Hentges requested Staff to review over 200 pages of our business commercial licensing sections of City Code. On October 28, 1996 the City Council repealed a number of sections which the License Review Committee deemed outdated and unnecessary due to legislative changes or that particular use being licensed and regulated by another entity such as the state or county. The License Committee divided the remaining License Section into two areas for review: the sections pertaining to the licensing of beer, wine and liquor, and the sections pertaining to all other uses. At this time the Committee has completed review of all sections except the beer, wine and liquor sections. The License Review Committee has collected and reviewed ordinances and requirements from other cities as well as information on various topics from the League of Minnesota Cities in comparison to those on record for Columbia Heights. The proposed amendments and changes addressed in Ordinance #1377 reflect the collective discussions of the License Review Committee over the last three years. It is felt that this finished product will best serve the needs of the City in implementation and enforcement of licensing rules and regulations. The first reading was held at the September 28, 1998 City Council meeting. RECOMMENDED MOTION: Move to waive the reading of Ordinance #1377, amending Ordinance 853, City Code of 1977, pertaining to the amendment of certain sections of the licensing requirements of the City as ample copies are available to the public. RECOMMENDED MOTION: Move to approve Ordinance #1377, amending Ordinance 853,City Code of 1977, pertaining to the amendment of certain sections of the licensing requirements of the City. COUNCILACTION: CITY COUNCIL LETTER Meetin~ of: October 12, 1998 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: ~ Community, Development APPROVAL ITEM: Resolution 98-90, which is a lot split request BY: Joe Hollman~/~ BY: NO: Case ~810-43, 4121Stinson Blvd. ~'~;~'~t DATE: October7, r998 Issue Statement: This is a request for a lot split of the property located at 4121 Stinson Blvd. Currently, 4121 Stinson Blvd. consists of Lots 12 and 13, Silver Lake Addition to Columbia Heights. The applicant requests that 20 feet from the south side of Lot 12 be added to Lot 13 to allow the addition of a garage and driveway that meet setback requirements. The remainder of Lot 12 will be 80 feet wide and will be available as a separate lot. Background: The Zoning Ordinance requires that an application for a lot split be reviewed by the Planning and Zoning Commission which shall provide a report to the City Council either recommending approval or denial of the proposed lot split. As mentioned above 4121 Stinson Blvd. consists of Lots 12 and 13, Block 1, Silver Lake Addition to Columbia Heights. Essentially, this is a proposal to separate Lot 12 from Lot 13, and to add the southern 20 feet of Lot 12 to Lot 13. This will create two separate lots which are designated as Tract "A" and Tract "B" on the boundary survey. Tract "A" will contain the existing house. Currently, the driveway leads into a tuck-under garage on the north side of the house. The applicant proposes to convert this garage into a storage area, and to construct a new attached garage off the northwest corner of the house. In order for the new garage to meet. the 7 foot side yard setback requirement, the additional 20 feet is needed. Analysis: Should the lot split occur, Tract "A" will be 120 feet wide and Tract "B" will be 80 feet wide with 84 feet of frontage along Stinson Blvd. As mentioned above, both lots will exceed the minimum lot width requirement. Also, Section 9.104(5) of the Zoning Ordinance requires that any lot over 6,500 square feet may have a lot coverage of up to 30%. Tract "B" will be vacant of any structures and Tract "A" will have a lot coverage of approximately 11%. The proposal is in compliance with the minimum requirements of the Zoning Ordinance. The survey shows that there is an existing pool and blacktop drive that cross the property lines. The applicant has stated that these will be removed. Also, The City Comprehensive Plan designates this area for future low density residential development. One of the major constraints to furthering new development in the City is that the community is essentially fully developed. The second policy in the Land Use and Redevelopment portion of the Plan states that: "The infilling of vacant parcels and the rehabilitation of existing development land will be in accordance with uses specified in the Land Use Plan." The proposal is consistent with the City Comprehensive Plan. There are private sanitary service lines crossing Tract "B", and staff was directed to discuss with the City Attorney the need to provide easements over these lines for future maintenance and to make it easier for a potential buyer to be made aware that those lines cross the property. Based on that discussion, it was determined that easements are not needed. Also, the proposal is in compliance with the 10/11/93 amendment (Ordinance 1278) to the Lot Split section of the Ordinance. Please find the following information attached: Staff Report; Completed application form; Area map; Boundary survey; Resolution No. 98- ; and Notice of Public Hearing Recommendation: The Planning and Zoning Commission held a Public Hearing for the variance request on October 6, 1998. They voted to recommend City Council approval of the lot split, subject to removal of the pool and driveway. Recommended Motions: Move to waive the reading of Resolution 98-90 , there being ample copies available to the public. Move to adopt Resolution 98- 90, which is a Lot Split request at 4121 Stinson Blvd, subject to removal of the pool and driveway. COUNCIL ACTION: Case: 9810-43 Page: 1 Case #: Owner: Address: Phone: STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE OCTOBER 6, 1998 PUBLIC HEARING 9810-43 GENERAL INFORMATION Applicant: same Betty Hardle 4121 Stinson Blvd. Columbia Heights, MN 781-1066 Parcel Address: 4121 Stinson Blvd. Zoning: R- 1, Single Family Residential Comprehensive Plan: LDR - Low Densky Residential Sarrounding Zoning and Land Uses: Zoning North: R-1 Land Use North: Residential South: R-1 South: Public/Park East: R- 1 East: Silver Lake West: R- 1 West: Resident/al BACKGROUND Explanation o'f Request: This is a request for a lot split of the property located at 4121 Stinson Blvd. Currently, 4121 Stinson Blvd. consists of Lots 12 and 13, Silver Lake Addition to Columb/a Heights. The applicant requests that 20 feet from the south side of Lot 12 be added to Lot 13 to allow the addition of a garage and driveway that meet setback requirements. The remainder of Lot 12 will be 80 feet wide and will be available as a separate lot. 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 provide a report to the City Council either recommending approval or denial of the proposed lot split. Case Hisro~: There are no previous Planning and Zoning Commission cases on the property. Case: 981043 Page: 2 ANALYSIS Surrounding Property: The surrounding property in all tour dkections is zoned R-1, Single Family Residential. The adjacent parcels to the north and across the street to the west are used residentially. The property to the south is public property and is part of Silver Lake Park. Silver Lake is to the east of the subject property. Technical Review: As mentioned above 4121 Stinson Blvd. consists of Lots 12 and 13, Block 1, Silver Lake Addition to Columbia Heights. Essentially, this is a proposal to separate Lot 12 from Lot 13, and to add the southern 20 feet of Lot 12 to Lot 13. This will create two separate lots which are designated as Tract "A" and Tract "B" on the boundary survey. Tract "A" will contain the existing house. Currently, the driveway leads into a tuck-under garage on the north side of the house. The applicant is proposing to convert this garage into a storage area, and to construct a new attached garage off the northwest corner of the house. In order for the new garage to meet the 7 foot side yard setback requirement, the additional 20 feet is needed. Section 9.107(4) of the Zoning Ordinance requires the following lot dimensions in the R- 1 District: · Minimum lot area shall be 8,400 square feet - both properties will meet this requirement; · Lot width shall be 70 feet - both properties will meet this requirement; · Front yard shall be 25 feet - the proposed garage will meet this requirement; · Rear yard shall be 30 feet - this will not be impacted by the proposal; · Side yard shall be 7 feet - both properties will meet th/s requirement. Should the lot split occur, Tract "A" will be 120 feet wide and Tract "B" will be 80 feet wide with 84 feet of frontage along Stinson Blvd. As mentioned above, both lots will exceed the minimum lot width requirement. Also, Section 9.104(5) of the Zoning Ordinance requires that any lot over 6,500 square feet may have a lot coverage of up to 30%. Tract "B" will be vacant of any structures and Tract "A" will have a lot coverage of approximately 11%. The survey shows that there is an existing pool and blacktop drive that cross the property lines. The applicant has stated that these will be removed. Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for future low densky residential development. One of the major constraints to furthering new development in the City is that the community is essentially fully developed. The second policy in the Land Use and Redevelopment portion of the Plan states that: "The infilling of vacant parcels and the rehabilitation of existing development land will be in accordance with uses specified in the Land Use Plan." The proposal is consistent with Case: 981043 Page: 3 the City Comprehensive Plan. The positive aspects of this proposal are as follows: 1. The proposal is consistent with the City Comprehensive Plan. 2. The proposed lot split meets all Zoning Ordinance requirements. 3. The split will create an addkional building lot in the Cky. The negative aspects of this proposal are as follows: 1. Provided the existing pool and drive are removed, the proposal does not appear to have any negative aspects. CONCLUSION Sra~_ Recommendation: Staff recommends approval of the lot split as it meets the technical standards of the Zoning Ordinance and is consistent with the City Comprehensive Plan. Recommended Morion: Move to recommend City Council approval of the lot split, subject to removal of the pool and driveway. Attachments: · Completed application form; Area map; Boundary survey; Resolution No. 98- Notice of Public Hearing ; and CITY OF COLUMBIA HEIGHTS ADplica:ion For: Rezoning Variance Privacy Fenoe Condi:ional Use Permit Subdivision Approval Site Plan Approval Other 1. ScreeC Address of Subject Property: 1. 'Legal Descripcion of Subject Property: 3. Name: Address: Phone: 4. 0wne r: N~e: Address: Phone: Applicable City Ordinance Number Presenu Zoning ~'I Proposed Zoning 9. Ac~owled~men~ and Signature: ~e ~dersi~ed hereby represents upon all of the pena!cies of law, for Che pu~ose of ~duc~g che City of Col~bia HeiEhcs ~o cake che accion herein requested, chac all scacemencs herein are C~e and chac all work herein mencioned will be done ~ accordance wick':he Ordinances of che Cicy of Columbia Heights !~ City of i i · Columbia Hei~hts Address Book Address Book NE - First Revision Section 36 [ [ 4455 4448 4453 4450 I m 4446 ~ 445~ 2~2~ ~ [ 2~04 22~0 g328 > { I 4441 4440 ~1 · ~ '4452 t~ ~:~ 151 ... [ ~ [ t~ta [ ~s~ t 4432 ~ ~ 4429 ~ 4451 ~24 i 4458 .... ~ ~ ~1 4428 442~ ~4428~4~S' 4~ ~ 4440 ! = 4420 ~ 4423 3709 { 4408 ~. 4417 I 4434 ~ 4437 4450 ~ ~ ~ ~ ' ~ ~ ~ ~ ~.' 4413 ~ 4a~n . ~ ~4~ } 4414 , ~ ~9~ , ~ ' 4409 4428 } ~4427 ' 4430 ~435 ~ ~, 4352 ~ [ 1900 '. '~1 ~ ' ' ' 816} ; , r i m 430~ - x .... '~ ' 4303 "1813~ ~ .... 4308 - : ~ ~ [ 4307 ~ ~uu , / ~ou~ , 2O0D ~I0~' ' ""' ' '~ ' / // ae== / ~g*~__,L 42~6~~ i4251 ' , 2100 2120 ~ ~ 424~ ' /' D ' ' / / ~ / 4249 424~ ' ' '~ "' '/ / -'- ~* :,/ 4246 / /~ 4239 ~ H /' ' au / , ~ 4235~4230 4241 ~ 4240, ,/ 4235 ': ----,/ .,' .,, 4236: 4237 /~ '~~- 4231 // 4234 / ; 422S // 4~3~ ,/ ~ ' ~'i~ ~4226 ~ ; ~Z~I ,/ ., /, / , ~ t 4229 : .... r -- ~ · ~4~ ~4212 ~~ ~ ~. 47~ , 4218 ; ~ ~ ~' . 42~7 '/ 4216 ./ , 421! ./ 4210 ' ." 42!2 I ~'- ~ -- iJ 4208 ~ 42!5 ~ 3~,' :uo -- --~ r~ ~805-- ~ 1825- 4213' ~ 1~ '. 7 ~ ; ' ~ ' ~u7 · '-'-- ~4200 '~ 2 5 4~ , A~_ , ~ 42~ ~' - , ,/ B~ : Z: 54'. / 4157 ,~,')" 4~8 41~7 '/ 4Z49 i ~140~ ~41 4146 ' 4141 /,? ...... ~~~ 200~ ~Z~/ , ~Z~Z~I*~ {72S~ ,~ ~ ~ . , , ~ ) :~ / Z~{5~,4057 , ~908 ~14 } ~018~, ;04~ ~4088~ ~fls~c~Natr~; ~ Pro~: C'¢~I~[:~ATA',C,C~.ch':~OJ5~gi'~ C~we~fotCdurrC~He',m~(Tn-CtyJarrtPc, v~s)byF:'~r~ic~LLC. Page: 12 , I I I NOSN 12. $ / / t84. aS ----- 'O0'E £8~vIc8 TO ~OOt CHAIN LINK ---3;0.30 (C)--- RESOLUTION NO. 98 - 90 SUBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 590 - 40TH AVENUE N.E. COLUMBIA HEIGHTS, MN 55421 Betty R. Hardle, Hereby request a split of PIN 36 30 24 14 0054 Legally described as: Lots 12 and 13, Block 1, Silver Lake Addition to Columbia Heights, Anoka County, Minnesota. Subject to easements of record. THE DESCRIPTION HENCEFORTH TO BE: Ao Lot 13, and the South 20.00 feet of Lot 12, Block 1, SILVER LAKE ADDITION TO COLUMBIA HEIGHTS, Anoka County, Minnesota. B. That part of Lot 12, Block 1, SILVER LAKE ADDITION TO COLUMBIA HEIGHTS, Anoka County, Minnesota, lying northerly of the South 20.00 feet thereof. 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, have been 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: This 6 day of October ,1998 . Offered by: Peterson Ramsdel l Seconded bYAl: 1 a.yes. Roll Call: CITY COUNCIL ACTION: This ~ day of October, 1998. Offered by: Seconded by: Roll Call: S'ghatu e ¢ , ' 4121 Stinson Blvd NE Owner's Address Telephone No. 612-781-1086 SUBSCRIBED AND SWORN TO BEFORE ME this ~/-~day of September, 1998. Notary Public Secretary to the Council FEE: $150.00 Joseph Sturdevant, Mayor DATE PAID: 9-9-98 RECEIPT No. 37625 MEMBEP~ CITY OF COLUMBIA HEIGHTS (!") ~gO 40th AVENUE N.E., COLUMI~IA HE:IC;HTS, MN ~5421-3878 (612) 782-2800 TDD T~m PZANNING AN/~ ZONING COMMISSION 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, October 6, 1998. The order of business is as follows: A request for a lot split of the property located at 4121 Stinson Boulevard. Currently, 4121 Stinson Boulevard consists of Lots 12 and 13, Silver Lake Addition to Columbia Heights. The applicant requests that 20 feet from the south side of Lot 12 be added to Lot 13 to allow the addition of a garage and driveway that meet setback requirements. The remainder of Lot 12 will be 80 feet wide and will be available as a separate lot. Section 9.407(3) of the Zoning Ordinance requires that an application for a tot split be reviewed by the Planning and Zoning Commission wkich shall provide 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 Wait Fahsr 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. (TDB/782-2806 for deaf or hearing impaired only.) THE CITY OF COLUMSIA HEIGHTS DOES NOT DISCRIMINATE ON THE SASIE OF DISABILITY [N EMPLOYMENT OR THE PROVISION O~ SERVICES EQUAL OPPORTUNitY EMPLOYER SPECIAL CHARTER COMMISSION MEETING MINUTES ~ ~ .c:?~- AUGUST 6, 1998 7 P.M. GAUVITTE ROOM, JP MURZYN HALL CALL TO ORDER The meeting was called to order by President Nan Tilkens at 7:02 p.m. ROLL CALL Members present: Bill Antzaras, Joel Cason, Ted Landwehr, Janis Larson, Bruce Magnuson, Bruce Nawrocki, Brian Peterson, Theresia Synowczynski, Nan Tilkens, Jamie Verbrugge Members absent and excused: Charles Christopherson, John Murzyn Members absent and unexcused: Carol Crema-Klein Also present: Don Jolly, Council Liaison NOTE: Membership is at thirteen out of fifteen members. MEMBERSItlP STATUS In last checking with the Chief Judge's office, there have not been any new applications received. There was a release in the local newspaper recently about commission vacancies, and another should probably be placed in the next week. APPROVAL OF MINUTES Motion by Bruce Nawrocki, seconded by Joel Cason, to approve the minutes of the May 21, 1998, special meeting and the July 16, 1998, meeting. Motion passed unanimously. CORRESPONDENCE None to report. OLD BUSINESS CHAPTER 2, SECTION 7 REGARDING THE MAYOR'S TERM President Tilkens stated she attended the work session of June 3rd to discuss this item. The item went on the July 13, 1998, council meeting agenda and was passed at that meeting. Charter Commission members were presented copies of the council letter that was sent to and approved by the council regarding this item. Bruce Nawrocki noted on the council letter that the amendment would not become effective until 2000. He noted that in previous discussions at the Charter Commission level, it was brought up how citizens who may file for the seat of Mayor would know if the term will be two or four years-it would depend on when the ordinance would take effect. Later in this meeting, Mr. Nawrocki also stated that he felt that the question for the ballot language should include the words at the beginning, "Should the City Charter be amended to change the term of Mayor from two years to four years, as follows: (Then old reading should be stated, and the new wording should then be stated.)." As the language for the ballot does not have to be given to the County by the primary election date, it was decided there was time, and that this should be reviewed with the City Attorney to make sure the proposed ballot language as passed on July 13th is proper, and that it will change the language of the charter if passed. President Tilkens stated that it cannot be put into effect this year, but 30 days after the election. WARD SYSTEM President Tilkens asked members if they would like to hold further discussion on this item. Motion by Brian Peterson, seconded by Theresia Synowczynski to table this item. Motion passed unanimously. CItAPTER 2, SECTION 13, COUNCIL SALARIES President Tilkens refreshed the figures on council salaries for 1998, that being the Mayor's salary is $9,000/year plus benefits; and the councilmember salaries are $7,800/year plus benefits. The wording in the charter currently states that the Mayor is to receive $25/month and the councilmembers $15/month. According to state statutes 415.11, the council has the ability to raise their salaries, and it is not effective until after the next municipal election. It was noted that Columbia Heights' mayor and council are the third highest paid compared to cities with populations from 10,000 to 20,000 (with Champlin and W. St. Paul being the highest). Council liaison Jolly stated that he felt the council should review their salaries yearly, and that perhaps the yearly increase should be commensurate to the same percentage that the city employees receive. A brief discussion on yearly raises vs. merit raises was held. The last time the council voted a raise was in 1993. Options are to leave the wording the same, correct the wording to make it up to date by indicating the current amounts, or just state the council has the ability/power to raise their salaries per state statute. Bill Antzaras wondered what other cities do on this issue--how to they deal with it? Motion by Bruce Nawrocki, seconded by Brian Peterson, to ask the City Attorney to draft language for setting salaries of the Mayor and council, and to replace it with language that would authorize the council to set salaries according to state statutes. Motion passed 8 yes, 2 no, 0 abstaining. CITY COMMISSION MEMBERSHIP The President stated she sent a letter to the Mayor and Council on May 6th, 1998, as directed by the Charter Commission at the meeting of April 16, 1998. In summary, the commission wished Page 2 8-6-98 that there be only one voting councilmember on each commission. Also at the work session of June 3rd, this item was discussed with the three councitmembers present at that particular meeting. No written comments from the Council have been received to date. At the June 3rd work session, President Tilkens stated to the members of the council present that there were no hidden agendas in the memo she had written, and based upon discussion and the May 6th memo, they should know exactly how we feel on the issue of council members serving as voting members on boards and commissions--that being, only one voting councilmember on each commission is sufficient. Council liaison Jolly stated that he felt a councilmember should be kept on each commission. To date, no response from the City Council has been received. President Tilkens received a call from one councilmember in response to the letter. Motion by Bruce Nawrocki, seconded by Jamie Verbrugge, to reiterate our position as contained in the May 6th memo to the Council, and ask the Council to give us their response in writing. Motion passed unanimously. CHAPTER 3, SECTION 16, NOTICE OF UPCOMING MEETINGS Current charter language states that a meeting could be called in 12 hours, and the language proposed by the City Attorney would change that to three days' notice. The proposed language also defines what is a special emergency meeting. Motion by Theresia Synowczynsld, seconded by Janice Larson, to pass the proposed ordinance change as presented by the City Attorney, which is as follows: Section 16. COUNCIL MEETINGS. At the time of the first regularly scheduled council meeting in January following a regular municipal election, the council shall meet at the usual place and time for the holding of the council meetings. At this time, the newly elected members of the council shall assume the duties of such membership, except that for council member elected in 1998, 2000, and 2002, the newly elected members shall assume the duties of such membership on the first Monday in January following the regular municipal election. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet not less than once each month. The mayor, or any two members of the council, or the city manager, may call special meetings of the council upon at least .....,,~,v~' --~j f~ ~,,,~u,' ....... ~ three (3'} days' notice ~,~ ~,~,, ,,,~,,~o~, ,~ ~,,~ ,~,~,,,,~,,. Such notice shall be posted and shall be delivered personally to each member or shall be left with some responsible person at the member's usual place of residence. The mayor, any two members of the council, or the city manager, may call special emergency meetings of the council upon at least twelve (12) hours' notice to each member of the council. Posted or published notice of any such emergency meeting shall not be required. An emergency meeting shall be defined as a special meeting called because of circumstances that. in the judgment of the mayor, any two council members, or the city manager, require immediate consideration. All Page 3 8-6-98 meetings of the council shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. The second reading of the proposed ordinance change will be at our next regular meeting. CB_APTER 2, SECTION 10, MAYOR ABSENCE PROCEDURE The proposed language to this chapter prepared by the City Attorney in essence makes provision for the following order: In the absence of the Mayor, the President (elected in January) of the Council will serve as Acting Mayor. If that person is not available, then it would be the next councilmember (with the most time by seniority). The entire proposed language is as follows: Section 10. TH]E MAYOR. The mayor shall be the presiding officer of the ~., ~... v,~.,~.,,~ ,..,..,.y~, ~ .~.,,~.. · .. niayoi' and shall exercise all powers and pe~om all duties co~e~ed and imposed upon the mayor by t~s cha~er, the ordinances of the city, and the laws of the state. ~ president pro tempore shall be chosen who shall se~e as president in the mayor's absence, and who shall, in the mayor's absence, exercise all powers and pe~om all duties co~e~ed and imposed upon the mayor by tbs cha~er, the ordinances of the city and the laws of the state. In the absence of both the mayor and the president pro tempore, the council member with the most se~ofi~ (as dete~ned by consecutive u~te~pted years of se~ice to date) shall exercise and pe~o~ said powers and duties. The mayor shall have the appointment, control, and direction of all police officers of the ci~, and shall be reco~zed as the official head of the city for all ceremo~al purposes, by the coups for the pu¢ose of se~ing civil processes, and by the governor for the pu~oses of the ~lita~ law. In the event of a vacancy in the office of mayor, whether by death, resignatio~ or any other cause, the council shall order a special election to fill the vacancy for the unexpired te~ except in the case of a recall, the vacancy shall be filled in the ma~er provided by t~s cha~er. It was then questioned what determines an "absence". Ted Landwehr stated that might be defined in state statutes. Bruce Nawrocki asked what would then happen if there were two members who have the same exact seniority? Should the Acting Mayor be paid the same as the real Mayor? Motion by Bruce Nawrocki, seconded by Brian Peterson, to ask the City Attorney to clarify how absences are determined and add "per Section 9" at the end. Motion passed unanimously. PROPOSED CHANGES TO THE CHARTER COMMISSION RULES President Tilkens asked Jamie Verbrugge to take over the discussion of the changes of rules at Page 4 8-6-98 this time. Then President Tilkens lei; the meeting for approximately ten minutes at this time. Before discussion began, Jamie Verbrugge stated that he would be resigning from the commission, as he is getting married and moving. Tonight will be his last meeting. Theresia Synowczynski stated that she agreed with the changes as presented. She then leCt the meeting at 8:39 p.m. Motion by Ted Landwehr, seconded by Joel Cason, to approve the changes to the Charter Commission rules as presented. Motion passed unanimously. NEW BUSINESS COMMISSION APPRECIATION President Tilkens stated that she has discussed the commission appreciation event for this year with the City Manager. She was advised that if this commission wishes to go out for dinner (with a spouse/significant other), there is funding available (no dollar amount was given). Discussion ensued. Motion by Bruce Nawrocki, seconded by Brian Peterson, to accept the city's offer to fund an annual get together for the Charter Commission and the specifics to be discussed at the next meeting. Motion passed unanimously. ANNUAL MEETING WITH THE CITY COUNCIL President Tilkens stated that with the budget process now going on, it may be best to schedule this joint meeting after the first of the year. Motion by Janis Larson, seconded by Bill Antzaras, to table the discussion of setting up of a joint meeting with the council until the October meeting. Motion passed unanimously. OTHER BUSINESS President Tilkens stated she will be turning in her resignation letter to the Chief Judge, as she stated she would at the last meeting of July 16th. At the request of the commission, President Tilkens will tend business items from this meeting. Several commission members expressed their thanks to President Tilkens and Jamie Verbrugge for their service to the Charter Commission and being a credit to our community. Applications for appointment to a board/commission were available at tonight's meeting. Upcoming Community Events: Theater in the Park (Huset Band Shell) on August 13th, 7 p.m. Immaculate Conception Fun Fest on August 8th and 9th Burnet Golf Open on August 6th-9th Page 5 8-6-98 NEXT MEETI/NG DATE The next regular scheduled meeting is Thursday, October 15th, 1998. The first order of business is who will be in charge of the meeting. Theresia Synowczynski is the next remaining officer (Secretary). ADJOURNMENT Motion was made to adjourn at 9:05 p.m. Respectfully submitted, Carole J. Blowef~ Recording Secretary Page 6 8-6-98 City of Columbia Heights ~ Park and Recreation Commission ~ September 23, 1998 The meeting was called to order at 6:30 p.m. by Chairwoman Eileen Evans. ROLL CALL Members present: Eileen Evans; Bruce Magnuson; Gary Mayer; Gary Peterson; Keith Windschitl, Recreation Director; Jerry Foss; Bob Ruettimann Members absent: James Nelson; Kevin Hansen, Public Works Director/City Engineer Also present: Mary Young CONSENT AGENDA The following items were on the consent agenda. APPROVAL OF MINUTES Move to approve the minutes of the August 1998 meeting. APPROVAL PAYMENT OF BILLS Move to approve payment of bills as listed from the proper funds. APPROVAL CONSENT AGENDA Motion by Member Foss, second by Member Peterson to approve the consent agenda. All ayes, motion carried. LETTERS AND REQUESTS A. REQUEST MEMBER FOR CABLE TV INTERVIEW/JEAN KUEHN, SPECIAL PROJECTS COORDINATOR Member Foss agrees that a representative from the Commission should be selected. Members Foss and Ruettimarm suggested that Chairperson Evans should be the representative. Recreation Director Keith Windschitl made a recommendation that an alternate should be appointed in of an absence of the Chairperson. 6. OLD BUSINESS 1. UPDATE ON INSURANCE CLAIM FOR ROOF REPAIXJMUI>,ZYN HALL It appears at this time that the insurance claim is resolved. There have been suggestions made on how to repair the roof with help from the insurance payment. NAVE PAGE TWO PARK & RECREATION COMMISSION MINUTES MEETING OF SEPTEMBER 23, 1998 o UPDATE ON INSURANCE CLAIM FOR ROOF REPAII>,JMTffRZYN HALL (cont.) Member Ruettimann recommended, before an ice dam build up is a problem the custodial staff should check daily and notify Public Works to clear the ice before it becomes a problem. NEW BUSINESS A. REVIEW BUD GET FOR RECREATION DEPARTMENT AND 1ViURZ~ HALL Member Ruettimarm raised the question why the $20,000.00 cuts were requested and done. The budget should be actual and explain deductions. It was also pointed out for the Commission to better understand. The Recreation Director was asked about the purchase of a washer & dryer. The Director explained the savings difference from the rental of towels and mops, which is considerably more. The custodial staffwould be doing the washing of the towels and mops. Also discussed was the replacement of computers for two staff members if the office. Member Evans suggested including CHASE in the budget for 1999 due to the possibility of losing the grant. Recreation Director, Keith Windschitt, gave a brief explanation on the Youth Athletics/Youth Enrichment were separated. The reason being there was to much confusion between the two areas. B. BUDGET MEETING WITH CITY COUNCIL The budget will be discussed in more detail at the October 28th meeting in the Gauvitte room at 6:30 p.m. with a brief meeting at 6:00 p.m. in the Keyes room. C. DATES FOR NOVEMBER AND DECEMBER MEETINGS The November meeting will be held on Thursday, November 12 in the Keyes room at Murzyn Hall. The December meeting will be held on Thursday, December 10 at 6:30 p.m. at Jax Restaurant. D. OTHER NEW BUSINESS Mary Young was present regarding the 35% discount to Fridley residents that pay school taxes in Columbia Heights do not receive the discount. Columbia Heights residents and the area in which some live. Her daughter will be getting married December 4, 1998. The question that arose was, if they produced the liability insurance and the grandmother signed the lease would this be possible? Member Ruettimann suggested doing this on a case by case method. PAGE THREE PARK & RECREATION COMMISSION MINUTES MEETING OF SEPTEMBER 23, 1998 D. OTHER NEW BUSINESS (cont) There will be a discussion at the next meeting regarding the hall rental and the 35% discount. Chairperson Evans felt that fee waived rental should be charged for the use of supplies in the kitchen. Member Ruettimarm suggested charging the cost for the kitchen fi:om the rental chart, should the renter use the kitchen. A letter was sent to the Commission requesting the consumption of beer at the reunion to be held at Ostrander Park on Saturday, October 3, 1998. Motion by Member Foss to approve the consumption of beer, with a second by Member Peterson. All ayes: motion carried. 1. REPORTS Ao Karon Reaves East River Hockey had contacted the Recreation Director requesting a donation fi:om the Recreation Department of $1,000.00. Member Ruettimann commented that the Boosters were the ones that donated and the City no longer does this. Bo Payment was received by Jeff Wood of $150.00 for the damage he had caused at the reception held on August 8, t 998. Co Kegs were given to the wrong party on a reception that was held on Friday, September 18, 1998 at which time they used the kegs of beer that were delivered. It should have been for the reception to be held on Saturday, September 19, 1998. The Recreation Director received payment for the cost of the kegs, which was $46.00. Barry Cole event approved by the City Council. Mr. Cole would need a $300.00 deposit and proof of liability insurance prior to the event to be held on September 27. Kevin Hansen, Public Works Director and the Recreation Director are working on the dispensing o£the Medtronic funds. Member Ruettimann suggested that Member Peterson get a break down of the funds. Member Ruettimann discussed roller blading finding one or two none paved parks and pave so that the children roller blade in the summer on the rinks. Boonestro is creating an ice rink that doesn't have a drain. Motion by Member Foss, second by Member Magnuson to adjourn. All ayes, motioned carried. Meeting adjourned at 8:00 p.m. Bonnie Morinville, Park and Recreation Commission Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION OCTOBER 5, 1998 "THESE MIbIUTES NOT ~x. PPROVED" I. ROLL CALL II. III. IV. Vo Present: Staff: Carlson, Goodman, Sturdevant, Stumpf, Jolly Kathyjean Young, Assistant City Engineer Tom Johnson, Police Chief APPROVAL OF AUGUST 31, 1998 MINUTES Motion by Goodman, second by Sturdevant, to approve the minutes of the August 31, 1998 Meeting. Roll Call: Al1 ayes. OLD BUSINESS A. REVIEW OF PLAYGROUND SIGN LOCATIONS FOR KORDIAK PARK Staff reviewed the playground sign locations for Kordiak Park and observed that there is a playground sign on Innsbruck Parkway at the west end of the park for eastbound traffic and a playground sign on the park side of Innsbruck Parkway near Penine Pass, Argonne Drive and Rainier Pass for westbound traffic. There are no playground signs on West Upland Crest. Staff recommends a playground sign for both north and southbound traffic on the park side of West Upland Crest. Motion by Goodman, second by Carlson, to install playground signs on the park side of West Upland Crest for both north and southbound traffic. All ayes. OTHER OLD BUSINESS None. NEW BUSINESS A. REQUEST TO APPROVE CASEY'S GENERAL STORE SITE PLAN Casey's General Store is proposing to construct a gas station and convenience store on the northeast comer of University Avenue Service Drive and 44th Avenue. The proposed access locations to the site from the service drive and 44th Avenue are appropriate. The 44th Avenue access and the east side of the gas station Official Proceedings Columbia Heights Traffic Commission October 5, 1998 Page 2 property need to be separated from the alley. Staff recommends the 32' width for the south access but it should be moved further west to separate it from the alley. The recommended maximum width for the south driveway on the service drive is 35', centered on the pump islands. The 60' driveway on University Avenue is wider than recommended and staff is requesting plans showing turning radius for additional footage. Mr. Joe Ouellette, a real estate representative for Casey's General Store, was present. He indicated that the 60' width is planned for safety for fuel trucks so they won't have to back up. Motion by Goodman, second by Stumpfto approve the 32' driveway entrance on 44th Avenue access with the gas station property being moved further west to separate it from the alley. Roll Call: All ayes. Motion by Jolly to approve the 32' driveway entrance on University Avenue and show need for additional footage for mm radius. Motion failed for lack of a second. Motion by Sturdevant, second by Goodman, to show justification for the driveway width on the frontage road with diagrams showing truck turning movements. Roll Call: Carlson-aye, Goodman-aye, Sturdevant-aye, Jolly-nay, Stumpf-aye. Motion carried. Commissioner Carlson questioned the need for a sidewalk on the north side of 44th Avenue. Staff explained the sidewalk would make easy access for walkers to get to the bus stop. Motion by Carlson that the sidewalk be eliminated from the plan. Motion failed for lack of a second. VI. OTHER NEW BUSINESS None VII. REPORTS Official Proceedings Columbia Heights Traffic Commission October 5, 1998 Page 3 VIII. A. CITY ENGINEER 1. CHANGE IN COUNCIL REPRESENTATION City Council has approved the request by Don Jolly to be reinstated as the Council Representative on the Traffic Commission in place of Councilmember Marlaine Szurek. 2. CABLE TV PRESENTATION Jean Kuehn, Special Projects Coordinator, has requested one member of the Traffic Commission do a taped interview for Cable TV. Ed Carlson offered to do the interview. 3. DECEMBER MEETING The December Holiday Dinner Meeting will be held on Monday, December 7, 1998. Place is yet to be determined. ADJOURNMENT Motion by Goodman, second by Carlson, to adjourn the meeting at 7:45 P.M. Respectfully Submitted, Traffic Commission Secretary ~9 October !958 Fri 08:19 PIN E35-30-24~31-0059 R25-30~24-14-0025 R~5-30-24-t4-0063 R25-30-24-33-0018 R25-30-24-33-0062 R25-30-24-33~0067 R25-30-24-33-0078 R25-30-24-33-0079 R25-30-24-33-0083 R~5-30-24-33-0094 R25-30-24-33-0109 R25-30-24-34-0104 R25-30-24-34-0105 ~25-30-24-34-0113 R25-30-24-34-0136 R25-30-24-44-0072 P~25-30-24-44-0084 R26-30-24-14-0092 R26-30-24-14-0138 R26-30-24-21-0081 R26-30-24-42-0059 R35-30-24-1t-0054 R35-30-24-1t-0057 R35-30-24-11-0063 R35-30-24-12-0029 R~5-30-24-13-0080 R35-30-24-13-0095 CITY OF COLU~BIAFLEIG~ITS Address 4056 7TH ST 2120 N UPL~d~D CREST 4838 W UPI~AND CREST 4647 POLK ST 941 45TH 4556 POLK ST 4501 TYLER ST 4507 TYLER ST 4529 TYLER ST 4516 TAYLOR ST 4544 FILLMORE ST 1209 45574 AVE 1215 45TH AVE 1315 45TH AVE 4644 PIERCE ST 4509 HEIGHTS DR 2308 ~-AIDEN 808 51ST AVE 808 50 1/2 5242 4TH ST 4801 ~FFERSON ST 4401 QUINCY ST 4421 QUINCY ST 808 45TH A~rE 4452 M3dDISON ST 4236 MOP'ROE ST 4243 ~-ADISON ST Page 1 Certified 17.86 213.60 276.94 225.64 156.90 17.86 138.72 63.22 41.42 71.10 252.22 137.12 131.16 138.88 152.78 16.20 16.20 212.82 241.58 5.24 128.66 38.76 24.24 30.76 161.84 10.82 10.82 ? October t998 Fri 08:19 AM PIN R35-30-24-13-0t95 R35-30-24-t4-0127 R35-30-24-14-0128 R35-30-24-21-0004 R35-30-24-21-0008 R35-30-24-21-0009 R35-30-24-21-0014 R35-30-24-21-0016 R35-30-24-21-0019 R35-30-24-22-0025 R35-30-24-22-0101 R35-30-24-22-0102 R35-30-24~22-0103 R35-30-24-22-0107 R35-30-24-22-0109 R35-30-24-22-0114 R35-30-24-23-0001 R35-30-24-23-0025 R35-30-24-23-0093 R35-30-24-24-0054 R35-30-24-24-0059 R35-30-24-24-0061 R35-30-24-24-0062 R35-30-24-24-0068 R35-30-24-24-0069 R35-30-24-24~0075 R35-30-24-24-0123 Certified ~eqis~er CITY OF COLLrMBIAFIEIGHTS Address 4227 MADISON ST 4108 QUINCY ST 4102 QUINCY ST 4436 7TH ST 4422 7TH ST 4418 7TH ST 4401 6TH ST 4411 6TH ST 4423 6TH ST 4453 3RD ST 4334 2ND ST 4328 2ND ST 4324 2ND ST 4304 2ND ST 4301 MAIN ST 4333 MAIN ST 4258 2ND ST 4124 2N/D ST 4143 2ND ST 4256 7TI~ ST 4236 7TH ST 4230 7TH ST 4226 7TH ST 4201 6TH ST 4205 6TH ST 4231 6TH ST 4101 5TH ST Page 2 Certified 10.82 77.90 908.24 14.78 14.78 14.78 14.78 14.78 14.78 526.36 10.82 10.82 10.82 19.18 19.18 3.22 128.66 325.98 215.40 10.82 10.82 10.82 10.82 10.82 3.22 10.82 165.92 9 October 1998 Fri 08:19 AM PIN R35-30-24-31-0023 R35-30-24-31-0027 R35-30-24-31-0032 R35-30-24-3t-0034 R35-30-24-31-0036 R35-30-24-31-0054 R35-30-24-31-0058 R35-30-24-31-0075 H35-30-24-31-0076 R35-30-24-32-0004 R35-30-24-32-00t5 R35-30-24-32-0038 H35-30-24-32-0110 H35-30-24-33-0162 R35-30.24-34-0012 R35-30-24-34-00t7 R35-30-24-41-0014 R35-30-24-41-0060 R35-30-24-41-0086 R35-30-24~41-0090 R35~30-24-41-0092 R35-30-24-41-0105 R35-30-24-41-0108 R35-30-24-41-0117 R35-30-24-41-0118 R35-30-24-41-0119 R35-30-24-4t-0122 CITY OF COLUMBIA HEIGHTS Address 4017 4T~ ST 4033 4TH ST 4056 6TH ST 4044 6TH ST 4036 6TH ST 4033 5TH ST 4057 5TH ST 4017 6TH ST 4023 6TH ST 4054 2ND ST 4004 2i~D ST 3907 2~ ST 4051 2ND ST 3739 MAIN ST 525 38TH AVE 546 38TH AVE 4049 MOI~ROE ST 4057 VAN BUREN ST 3982 VAN BUREN ST 3976 VAN BUREN ST 3964 VAN BUREN ST 3953 JACKSON ST 3963 JACKSON ST 3968 JACKSON ST 3960 JACKSON ST 3956 JACKSON ST 3944 JACKSON ST Page 3 Certified 12.14 12.14 203.66 52.76 52.76 52.76 203.66 11.26 11.26 397.02 191.74 198.44 333.70 180.62 241.14 513.54 77.90 164.62 15.62 15.00 12.90 10.82 10.82 11.86 16.04 10.82 10.82 -S October 1998 Fri 08:19 AM PIN R35-30-24-41-0128 R35-30-24-41-0145 R35-30-24-4t-0151 R35-30-24-42-0022 R35-30-24-42-0051 R35-30-24-42-0092 R35-30-24-42-0097 R35-30~24-42-0098 R35-30-24-43-0021 R35-30-24~43-0022 R35-30-24-44-0019 R35-30-24-44-0020 R35-30-24-44-0021 R35-30-24-44-0039 R35-30~24-44-0046 R35-30-24-44-0048 R35-30-24-44-0052 R35-30-24-44-0053 R35-30-24-44-0054 R35-30-24-44-0058 R35-30-24-44-0060 R35-30-24-44-0062 R35-30-24~44-0072 R35-30-24-44-0092 R35-30-24-44-0094 R35-30-24-44-0155 Certified Register CITY OF COLUMBIA HEIGHTS Address 3939 QUINCY ST 716 40TH AVE 4040 CE~R3%L 4056 JEFFERSON ST 4032 MADISON ST 4055 MADISON ST 678 40THAVE 672 40TH AVE 588 38TH AVE 584 38TH AVE 3911 JACKSON ST 3917 JACKSON ST 3921 JACKSON ST 3840 JACKSON ST 3812 JACKSON ST 3806 JACKSON ST 3716 JACKSON ST 3708 JACKSON ST 3704 JACKSON ST 3713 QUINCY ST 3723 QUINCY ST 3731 QUINCY ST 3857 QUINCY ST 3701 JACKSON ST 3719 JACKSON ST ~2~ JkCK~0N ~T 3805 QUINCY ST Page 4 Certified 8.72 3.40 2720.20 164.62 71.62 52.76 15.62 12.90 363.88 363.68 10.82 10.82 10.82 16.38 16.36 27.80 22.08 22.08 16.36 8.62 8.62 8.62 14.16 7.74 7.74 7.74 3.22 .9 October 1998 Fri 08:19 AM PIN R36-30-24-11-0005 R36-30-24-tl-0015 R36-30-24-11-0016 R36-30-24-11-0030 R36-30-24-11-0038 R36-30-24-11-0039 R36-30-24-1!-0061 R36-30-24-11-0066 R36-30-24-11-0076 R36-30-24-11-0077 R36-30-24-11-0082 R36-30-24-12-0003 R36-30-24-12-0008 R36-30-24-12-0031 R36-30-24-12-0047 R36-30 -24-12-0051 R36-30-24~ 12- 0062 R36-30-24-12- 0071 R36-30-24-12-0081 R36-30-24-12-0083 R36-30-24-12-0085 R36-30-24-13-0008 R36-30-24-13~0015 R36-30-24-13-0019 R36-30-24-13-0047 R36-30-24-t3-0048 R36-30-24-13-0058 Certified Register CITY OF COLUMBIA HEIGETS Address 4458 STINSON BLVD 2204 45TH AVE 4437 BENJAMIN ST 4440 STINSON BLVD 4416 BENJAMIN ST 4410 BENJAMIN ST 4400 ARTHUR ST 4438 ARTHUR ST 2126 45TH AVE 2118 45TH AVE 4410 STINSON BLVD 4352 RESERVOIR BLVD 4312 RESERVOIR BLVD 4428 ART.qUR PL 4434 TYLER ST 1827 44TH AVE 4321 RESERVOIR BLVD 1813 43RD AVE 4307 TYLER ST 4315 TYLER ST 4331 TYLER ST 4212 ARTHLTR ST 4246 POLK ST 4222 POLK ST 4221 RESERVOIR BLVD 4217 RESERVOIR BLVD 4130 TYLER ST Page 5 Certified 19.54 172.36 312.48 422.34 173.14 221.68 83.10 77.62 144.94 53.34 157.48 173.18 147.56 119.90 315.62 94.48 13.42 203.74 226.48 239.90 259.86 83.88 315.62 159.04 80.76 80,76 315.62 9 October 1998 Fri 08:19 AM PIN R36-30-24-13-0061 R36-30-24-13-0067 R36-30-24-13-0068 R36-30-24-13-0080 R36-30-24-13-0086 R36-30-24-13-0092 t~36-30-24-13-0098 R36-30-24-13-0103 R36-30-24-14-0019 R36-30-24-14-0022 R36-30-24-2t-0014 R36-30-24-21-0015 R36-30-24-21-00t8 R36-30-24-21-0021 R36-30-24-21-0027 R36-30-24-21-0033 R36-30-24-21-0044 R36-30-24-21-0055 R36-30-24-21-0064 R36-30-24-21-0069 R36-30-24-21-0072 R36-30-24-21-0080 R36-30-24-2t-0081 R36-30-24-2t-0083 R36-30-24-21-0110 R36-30-24-21~0111 R36-30-24-21-0133 Certified Register CITY OF COLUMBIA HEIGHTS Address 4100 TYLER ST 4127 TYLER ST 4119 TYLER ST 4110 POLK ST 1916 42ND AVE 4137 POLK ST 4133 POLK ST 1923 419T AVE 2007 42iTD AVE 4152 CLEVELAND ST 4319 McLEOD ST 4325 McLEOD ST 4343 McLEOD ST 1424 45TH AVE 1412 45TE AVE 1342 45TH AVE 1300 45TH AVE 1200 45THAVE 1229 44TH AVE 1311 44T~AVE 1325 44TH AVE 4408 McLEOD ST 1421 44TH AVE 4338 McLEOD ST 1214 44TH AVE 1210 44TH AVE 1309 43RD AVE Page 6 Certified 347.72 215.42 209.14 303.10 114,42 240.46 326,18 374.40 260.82 206.02 195.50 195.50 20.00 275.18 187.24 144.34 91.28 406.04 61.44 120.44 61.44 384.16 208.38 176.20 61.44 45.36 262.30 9 October 1998 Fri 08:t9 AM PIN R36-30-24-2t-0142 R36-30-24-21-0t50 R36-30-24-22-0001 R36-30-24~22-0018 R36-30-24-22-0041 R36-30-24-22-0049 R36-30-24-22-0114 R36-30-24-22~0115 R36-30-24-22-0120 R36-30-24-22-0127 R36-30-24-22-0130 R36-30-24-22-0131 R36-30-24-22-0149 R36-30-24-22-0155 R36-30-24-23-0029 R36-30-24-23-0035 R36-30-24-23-0050 R36-30-24-23-0066 R36-30-24-23-0124 R36-30-24-23-0156 P~6-30-24-24-0008 R36-30-24-24-0016 R36-30-24-24-0034 R36-30-24-24-0035 R36-30-24-24-0041 R36-30-24-24-0068 R36-30-24-24-0073 Certified Register CITY OF COLLrM~IA HEIGHTS Address 1337 43RD AVE 4430 McLEOD ST 1140 45TH AVE 1024 45TR AVE 4453 CENTRAL AVE 949 44TH AVE 4301 CENTPJLL AVE 947 43PdD AVE 959 43RD AVE 969 43PdD AVE 973 43R/D AVE 10tl 43RD AVE 1129 43RD AVE 1008 45TH AVE 1000 43PdD AVE 954 43PdD AVE 943 42ND AVE 1027 42ND AVE 968 42ND AVE 1007 42IqD AVE 4247 McLEOD ST 1525 41ST AVE 4250 McLEOD ST 4260 McLEOD ST 1320 43RD AVE 1233 42LTD AVE 1319 42ND AVE Page 7 Certified 240.86 314.64 205.46 355.42 19.62 795.90 271.66 163.34 15.60 163.34 163.34 179.42 205.64 141.46 195.50 179.42 23.34 255.10 172.80 255.10 259.86 714.62 382.44 399.60 240.86 232.14 308.24 9 October 1998 Fri 08:19 PIN R36-30-24-24-0083 R36-30-24-24-0097 R36-30-24-24-0127 R36-30-24-31-0006 R36-30-24-31-0016 R36-30-24-31-0060 R36-30-24-31-0071 R36-30-24-31-0081 R36-30-24-31-0082 R36-30-24-31-0086 R36-30-24-31-0087 R36-30-24-31-0098 R38-30-24-31-0116 R36-30-24-31-0117 R36-30-24-31-01t9 R36-30-24-32-0029 R36-30-24-32-0058 R36-30-24-32-0061 R36-30-24-32-0064 R36-30-24-32-0073 R36-30-24-32-0074 R36-30-24-32-0077 R36-30-24-32-0078 R36-30-24-32-0085 R36-30-24-32-0086 R36-30-24-32-0094 Certified Register CITY OF COLUMBIA HEIGHTS Address 1435 421~D AVE 1410 42ND AVE 4154 RESERVOIR BLVD 1600 41ST AVE 4055 RESERVOIR BLVD 4066 RESERVOIR BL~/D 3947 RESERVOIR BLVD 3963 POLK ST 3959 POLK ST 3947 POLK ST 3939 POLK ST 3928 POLK ST 3962 TYLER ST 3960 TYLER ST 3954 TYLER ST 1132 40TH AVE 3956 RESERVOIR BLVD 1121 GOULD AVE 1109 GOULD AVE 1013 GOULD AVE 1009 GOULD AVE 965 GOULD AVE 961 GOULD AVE 1110 GOULD AVE 1102 GOULD AVE 1~16 GOULD kVE 1008 GOULD AVE Page 8 Certified 255.10 255.10 94.32 457.26 228.98 139.74 15.00 195.50 283.68 218.24 174.18 164.94 105.42 105.42 144.02 11.80 337.88 302.34 253.32 258.54 154.04 258.54 258.54 309.78 348.16 258.54 258.54 ,9 October 1998 Fri 08:19 AM PIN R36-30-24-32-0096 R36-30-24-32-0110 R36-30-24-33-0034 R36-30-24-33-0042 R36-30-24-33-0050 R36-30-24-33-0069 R36-30-24-33-0070 R36-30-24-33-0072 R36-30-24-33-0074 R36-30-24%33-0075 R36-30-24-33-0076 R36-30-24-33-0082 R36-30-24-33-0084 R36-30-24-33-0088 R36-30-24-33~0089 R36-30-24-33-0091 R36-30-24-33-0095 R38-30--24-33-0096 R36-30-24-33-0111 R36-30-24~33-0112 R36-30-24-33-0116 R$6-30-24-33~0120 R36-30-24-33-0128 R36-30-24-33-0129 R36-30-24-33-0137 R36-30-24-33-0143 CITY OF COLU~BIAKEIGHTS Address 1002 GOULD AVE 3989 CENTRAL AVE 3833 RESERVOIR BLVD 1100 39TH AVE 3933 RESERVOIR BLVD 3900 TYLER ST 112t 39TH AVE 3862 TYLER ST 3854 TYLER ST 3850 TYLER ST 3846 TYLER ST 3820 TYLER ST 3810 TYLER ST 3720 TYLER ST 3714 TYLER ST 3708 TYLER ST 3822 POLK ST 3818 POLK ST 3704 POLK ST 3702 POLK ST 3723 TYLER ST 3803 TYLER ST 3843 TYLER ST 3847 TYLER ST 3737 POLK ST 3733 POLK ST 3709 POLK ST Page 9 Certified 370.82 1474.92 3.94 203.22 68.94 193.66 186.80 367.92 295.32 295.32 295.32 295.32 514.62 258.54 336.08 258.54 292.32 279.78 258.54 245.74 258.54 252.14 292.32 292.32 269.36 251.86 367.36 $ October 1998 Fri 08:19 AM PIN 936-30-24-33-0146 936-30-24-34-0006 936-30-24~34-0014 936-30-24-34-0035 936-30-24-34-0044 936-30-24-34- 0049 936-30-24-34-0053 936-30-24-3~-0055 936-30-24-34-0064 936-30-24-34-0066 936-30-24-34-0067 936-30-24-34-0081 936-30-24-34-0088 936-30-24-34-0098 936-30-24-34-0107 936-30-24-34-0113 936-30-24-34-0118 936-30-24-34-0126 936-30-24-34-0128 936-30-24-34-0130 936-30-24-34-0133 936-30-24-34-0145 936-30-24-34-0150 936-30-24-34-0153 936-30-24-34-0157 936-30-24-41-0014 Certified Register CITY OF COLUMBIA HEIGHTS Address 1000 PETERS PL 1419 39T~ AVE 1500 39T~ AVE 37t9 BUCHANAN ST 3816 BUC~L~NA/~ ST 3732 BUCHA_NA/~ST 3720 BUC~LA_NAN ST 3711 PIERCE ST 3732 PIERCE ST 3720 PIERCE ST 3710 PIERCE ST 3807 LINCOLN ST 3812 LINCOLN ST 3935 POLK ST 3909 POLK ST 3908 POLK ST 3901 TYLER ST 3931 TYLER ST 3926 TYLER ST 3918 TYLER ST 3906 TYLER ST 1220 39TH AVE 3865 POLK ST 3851 POLK ST 3831 POLK ST 3511 POLK ST 3949 McKINLEY ST Page 10 Certified 434.88 184.98 369.00 160.12 14.14 195.50 211.60 176.20 195.50 20.00 140.82 185.84 t82.64 t74.18 220.72 13.20 256.86 139.20 207.62 207.62 150.92 304.84 312.38 487.50 3t2.38 269.36 195.06 ,9 October 1998 Fri 08:19 AM PiN R36-30-24-41-0018 R36-30-24-4t-0021 R36-30-24-41-0037 R36-30-24-41-0045 R36-30-24-41-0046 R36-30-24-41- 0050 R36-30-24-41-0069 R36-30-24-41-0073 R36-30-24-41-0077 R36-30-24-41-0084 R36-30-24-41-0090 R36-30-24-41-0100 R36-30-24-41-0103 R36-30-24-42-0014 R36-30-24-42-0036 R36-30-24-42-0037 R36-30-24-42-0043 R36-30-24-42-0070 R36-30-24~42-0081 R36-30-24-42-0100 R36-30-24-43-0011 R36-30-24-43-0012 R36-30-24-43-0013 R36-30-24-43-0015 R36-30-24-43-0017 R36-30-24-43-0083 R36-30-24-43-0099 Certified Register CITY OF COLUF~IA HEIGHTS Address 2208 40TH AVE 2116 40TH AVE 3948 CLEVELAND ST 4001 CLEVELAND ST 2018 41ST AVE 2010 41ST AVE 3929 ARTHUR ST 4007 CLEVELAND ST 4026 BENJAMIN PL 4009 BENJAMIN PL 4088 STINSON BLLrD 4020 STINSON BLVD 4000 STINSON BLVD 4041 HAYES ST 4021 POLK ST 4020 HAYES ST 1701 40TH AVE 3944 HAYES ST 3945 JOH/~SON ST 3940 ARTHU~ ST 3917 HAYES ST 3923 HAYES ST 3927 HAYES ST 3843 HAYES ST 3817 HAYES ST 3900 HAYES ST 1842 39TH AVE Page 11 Certified 7.96 12.94 171.56 200.66 419.44 394.76 72.92 200.66 198.08 138.42 520.96 428.02 165.70 259.34 195.50 166.88 153.34 126.94 56.20 51.12 179.76 179.76 179.76 173.06 199.94 291.30 184.98 ~ 0ctober 1998 ~ri 08:19 AM Certified Register CITY OF COLUMBIA HEIGHTS Page 12 PIN Address Certified R36-30-24-44-0019 3913 AI{THUR ST 58.84 55005.28 CITY OF COLUMBIA HEIGHTS (1") Joseph Sturdevant Councilmember$ 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 Donald G. Jolly Marlaine Szurek Gary L~ Peterson Robert W. Ruettimann City Manager Watt Fehst ADMINISTRATION NOTICE OF COUNCIL WORK SESSION Notice is hereby given that a Council Work Session is to be held in the CITY OF COLUMBIA HEIGHTS as follows: Meeting of: Date of Meet!ng: Time of Meeting: Location of Meeting: CITY COUNCIL/PUBLIC WORKS STAFF WEDNESDAY, OCTOBER 14.1998 6:30 P.M. CITY HALL CONFERENCE ROOM AGENDA BUDGET WORK SESSION FOR PUBLIC WORKS DEPARTMENT 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 ail 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 or hearing impaired 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 OF COLUMBIA HEIGHTS Joseph Sturdevant Councilmembers 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806Donald G. Jolly Mar/a/ne Szurek Gary L. Peterson Robert W. Ruettimann City Manager l:Valt Fehst ADMINISTRATION NOTICE OF COUNCIL WORK SESSION Notice is hereby given that a Council VZork Session is to be held in the CIT7 OF COLUMBIA HEIGHTS as follows: Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: CITY COUNCiL/POLICE AND FIRE DEPARTMENTS STAFF MONDAY, OCTOBER 19, 1998 6:30 P.M. CITY HALL CONFERENCE ROOM AGENDA BUDGET WORK SESSION FOR POLICE AND FIRE DEPARTMENTS The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or eml~loyment in, its services, programs, or activities. Ut~on request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, prog-rams, and activities. Auxiliary aids for handicapped j~ersons 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 or hearing imj~aired 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 OF COLUMBIA HEIGHTS (I") Joseph Sturdevant Councilmembers 590 40TH AVENUE N.H., COLUMBIA HEIGHTS, MN 5542~-3878 (612) 782-2800 TDD 782-2806DonaldG. Jolly Gary L. Peterson Robert W. Ruettimann City Manager Walt Fehst A DMINIS TRA T/ON NOTICE OF COUNCIL WORK SESSION Notice is hereby given that a Council Work Session is to be held in the CITY OF COL UMBRA HEIGHTS as follows: Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: CITY COUNCIL/R~CREATION DEPARTMENT STAFF WEDNESDAY, OCTOBER 28, 1998 6:30 P.M. JOHN P. MURZYN HALL AGENDA BUDGET WORK SESSION FOR RECREATION DEPARTMENT 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 CiO, of Columbia Heights'services, programs, and activities. Auxiliary aids for handicapfled 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 or hearing impaired only)