Loading...
HomeMy WebLinkAboutSeptember 8, 1997 Regular"CiTY OF COLUMBIA HEIGHTS (1") 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 ADMINISTRATION SEPTEMBER 5, 1997 Mayor Councilmembers Donald G. dolly Meg Jones Gary L. Peterson Robert V~ ; Ruettiniann City Manager ~Falter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 RM on~:Mg_n~d)i~Tse-P-(e~B~'-r-8~7 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) CALL TO ORDER/APPOINTMENT OF SECRETARY PRO TEM MOTION: Move to appoint Carole Blowers as Secretary Pro Tem. (Commencement of Cablecasting of Regular Meeting on Television.) 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) A. Move to Adopt the Consent Agenda Items as Listed Below: 1) Adopt Council Minutes MOTION: Move to approve the minutes of the August 25, 1997 Regular Council Meeting. 2) Establish Hearing Dates for License Revocation, Rental Properties at 1206 Circle Terrace Blvd. and 1407 Circle Terrace Blvd. (Kurt Lowenthal) MOTION: Move to establish a hearing date of September 22, 1997, for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the above-named property owner regarding their rental property. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER COUNC]~L MEETING AGENDA SEPTEMBER 8, 1997, MEETING PAGE # 2 3) Appoint Kathyjean Young, Assistant City Engineer, as Acting City Engineer MOTION: Move to appoint the Assistant City Engineer, Kathyjean Young, as the Acting City Engineer until such time as the position of City Engineer is filled. 4) Authorize Attendance at Fleet Maintenance Training Course, October 6-10, 1997 MOTION: Move to authorize the attendance of Barb Sandberg and Steve Synowczynski at the Fleet Maintenance Windows Training Course October 6-10, 1997, by DP Solutions, Inc., in Greensboro, North Carolina, and that all related expenses be reimbursed from funds 702-49950-3105 and 701-49950-3320. 5) Authorize Contract with NSP to Collect Fluorescent Bulbs MOTION: Move to authorize the Mayor and City Council to enter into a contract with NSP for the collection o spent fluorescent bulbs from residential and small businesses in Columbia Heights and surrounding communities served by NSP. Expenses related to this collection will be reimbursed by Northern States Power Company. 6) Authorize Staff to Seek Quotations for Replacement of Alley Guard Rail MOTION: Move to authorize staff to seek quotations for replacement of the guard rail in the alley between Taylor Street and Fillmore Street from 45th Avenue to 46th Avenue and funds be appropriated from 101-43121. 7) Payment of the Bills MOTION: Move to pay the bills as listed out of proper funds. 8) License Applications MOTION: Move to approve the license applications as listed. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS. ~:.?¥" -~ A. Introduction of Judy Menth, New Police Officer B. Officer Tim Bowe Memorial Week, September 8 to September 13, 1997 Pt. IBLIC HEARINGS A. Second Reading of Ordinance #1354, Regarding the Sale of 4613-15 Pierce Street MOTION: Move to waive the second reading of the ordinance, there being ample copies available to the public. MOTION: Move to adopt Ordinance #1354, an ordinance amending Ordinance #853, City Code of 1977. 8. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution Adopting a Proposed Budget, SeEing the City, EDA, and HRA COUNCIL MEETING AGENDA SEPTEMBER 8, 1997, MEETING PAGE # 3 Proposed Local Levy, and Establishing a Budget Hearing Date for Property Taxes Payable in 1998 MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. MOTION: Move to adopt Resolution 97-~,7 , Being a Resolution Adopting a Proposed Budget, Setting the City, HRA, and EDA Proposed Local Levy, and Establishing a Budget Hearing Date for property Taxes Payable in 1998, with the total levy set at $3,201,434 and the Truth in Taxation hearing date of December 10, 1997. B. Bid Considerations 1) Award Contract for Manhole Rehabilitation to Visu-Sewer MOTION: Move to accept the proposal of Visu-sewer for the rehabiliation of three manholes based on their proposal of August 5, 1997, in estimated amount of $7,800.00; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same, funding to be from the Sewer Capital Improvement Fund 652-49499-5130. 2) Award Retaining Wall Construction MOTION: Move to award the retaining wall construction on 44~ Avenue and 40th Avenue, Municipal Project #9530 and #9606 to Sunram Construction, Inc. of Corcoran, Minnesota, based upon their Iow, responsible, qualified bid in the amount of $46,573.60 to be appropriated from Fund 402; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Other Business 1) Request for Variance for Second Free Standing Sign @400t Central a) RECOMMENDED MOTION: Move to deny the request for a second freestanding sign as the property currently contains two non- conforming signs. ALTERNATE MOTION: Move to approve a second freestanding sign to be located along Central Avenue a 4001 Central Avenue limited to seventy-five (75) square feet and must be located 150 feet from existing identification sign. The existing freestanding sign located at the north end of the mall must be removed and this approval is the final freestanding sign to be approved for businesses located at the north end of the mall; the owner/manager must determine the use of this sign between these businesses. 2) St. Timothy's Project a) Second Reading of Ordinance #1351, Being an Ordinance Amending Ordinance #853, City Code of 1977 COUNCIL MEETING AGENDA SEPTEMBER 8, 199'7, MEETING PAGE # 4 b) MOTION: Move to waive the second reading of the ordinance, there being ample copies available to the public. MOTION: Move to adopt Ordinance #1351, amending Ordinance #853, City Code of 1977. Site Plan Approval - 825 N.E. 51st Avenue MOTION: Move to approve the site plan as it meets appropriate zoning requirements provided the following contingencies are completed prior to occupancy: 1. Approval of the lotsplit request. 2. Approval of the first and second reading of Ordinance #1352 (rezoning of development property). 3. Parking agreement be prepared and approved by City Attorney and filed with Anoka County in the form of a covenant. 4. Access easement to the Park Access Road (for Fire Department purposes only) be approved by the Park and Recreation Commission and the City Council. 5. Landscape plan and lighting plan be prepared and reviewed by staff at the time of submission of construction plans. 6. Owner/developer responsible to determine if sufficient water pressure flow in the line will meet the needs of the development. 7. Owner/developer must provide a plan that is approved by the City Engineering Department for a redesign of the storm water pond and will be responsible for constructing the modifications. 8. Sidewalks across parking lot from church to apar[ment building be installed. 9. Traffic Commission approval of proposed private service road and curb cut. Conditional Use Permit: St. Timothy's Lutheran Church MOTION: Move to approve the conditional use permit provided the following contingencies are completed and required approvals are made prior to occupancy: 1. Approval of Iotsplit request. 2. Approval of the first and second reading of Ordinance No. 1351 (rezoning of development property). 3. Parking agreement be prepared and approved by City Attorney and filed with Anoka County in the form of a covenant. 4. Access easement be approved by the Park and Recreation Commission and City Council. 5. Site plan and all related contingencies be completed and approved; 9. ADMINISTRATIVE REPORTS COUNCIL MEETING AGENDA SEPTEMBER 8, 1997, MEETING PAGE # 5 A. Report of the City Manager B. Report of the City Attorney 10. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 11. CITIZENS FORUM TO ADDRESS THE C01,1N¢IL ON MA'I-FERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 12. ADJOURNMENT MOTION: Move to adjourn the Regular Council Meeting. Walter Fehst, City Manager CITY COUNCIL LE'ITER Meeting of: September 8, 1997. AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: ~ Fire ITEM: Establish Hearing Dates BY: Chaflie Kewatt BY: License Revocation, Rental Properties DATE: /~/~A 7 NO: _~'. ~o ~ DATE: August 29, 1997 / Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Housing Maintenance Codes. 1. Kurt Lowenthai ............................. 1206 Circle Terrace Blvd. 2. Kurt Lowenthal ...............................1407 Circle Terrace Blvd RECOMMENDED MOTION: Move to Establish a Hearing Date of September 22, 1997 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against the above- named Property Owners Regarding their Rental Property. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: September 8, 1997 CONSENT AGENDA SECTION: ORIGINATING DEPAll2~EN/F'J CITY MANAGER ITEM: APPOINTMENT OF THE ASSISTANT CITY BY: M. Winson pt ~¢~---- BY: ENGINEER AS ACTING CITY ENGINEER -,, DATE: September 2~t~997 DATE: With the departure of the Public Works Director/City Engineer, it is necessary to appoint the Assistant City Engineer, Kathsjean Young, as Acting City Engineer. This x~511 allow her to sign plans, specifications and other documents required by the State. RECOMMENDED MOTION: Move to appoint the Assistant City Engineer, Kathyjean Young, as the Acting City Engineer until such time as the position of City Engineer is filled. 97-518 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 9/8/97 CONSENT ORIGINATING DEPAR' AAE :N CITY MANAGER NO. ITEM: AUTHORIZATION TO ATTEND TRAINING t.~)! BY: M. Winson k,~J~'- BY: NO. ON FLEET MAINTENANCE .~ j~4' ! DATE: 9/3/97 -- t~ DATE: The Central Garage uses a program called Fleet Maintenance to track preventative maintenance, parts inventory, vehicle history and work orders. The program has recently been upgraded to a more powerful Windows version and we are in the process of converting the data over to this upgraded version. Originally the money was budgeted in 1996 but was not used as the training was cancelled. Funds were re- budgeted in the 1997 budget. Barb Sandberg and Steve Synowczynski have requested authorization to attend training on the program in order to utilize the advanced functions. This training is especially important for Steve Synowczynski as he recently became the Shop Foreman and Barb Sandberg maintains the Fleet Maintenance Computer System. The training is held at the headquarters of the software developers, DP Solutions, in Greensboro, North Carolina from October 6-10. The cost of the training and associated expenses is budgeted in 701-49950-3105 and 701- 49950-3320. RECOMMENDED MOTION: Move to authorize the attendance of Barb Sandberg and Steve Synowcz3,nski at the Fleet Maintenance Windows Training Course October 6-10, 1997, by DP Solutions, Inc., in Greensboro, North Carolina, and that all related expenses be reimbursed from Funds 702-49950-3105 and 701-49950-3320. MAW:jb 97-519 COUNCIL ACTION: CITY CO~CIL LETTER Meeting of: September 8, 1997 AGENDA SECTION: CONSENT ORIGINATING CITY  DEPARTMENT: MANAGER'S NO: SPECIAL PROJECTS APPROVAL BUL O L CTIO 0CTOB NO: The City of Columbia Heights is planning another fluorescent bulb collection for residents and small businesses of Columbia Heights and the adjacent area who are served by N.S.P. The collection will be held at the Columbia Heights Recycling Center on Saturday, October 4, 1997 from 9 am to 1 pm. Attached is the contract with Northern States Power Company wherein, they agree to reimburse the City of Columbia Heights for expenses incurred by this collection. And the City agrees to accept bulbs from residents at no charge and to make all necessary arrangements for collection and transportation of the spent bulbs. This contract is similar to the previous ones the City has entered into. RECOMMENDED MOTION: Move to authorize Mayor and City Council to enter into a contract with NSP for the collection of spent fluorescent bulbs from residential and small businesses in Columbia Heights and surrounding communities served by N.S.P. Expenses related to this collection will be reimbursed by Northern States Power Company. COUNCIL ACTION: FLUORESCENT/HID LAMP RECYCLING AGREEMENT This is an agreement between Northern States Power Company (NSP), and the City of Columbia Heights. 1. RESPONSIBILITIES OF NSP NSP agrees that it will abide by ali of the following conditions of participation in this program: A. NSP agrees to pay the City of Columbia Heights for costs associated with the collection and recycling of fluorescent and HID lamps dudng its October 4th, 1997 collection event. These costs to include the cost of labor, supplies, transportation, recycling, disposal, and administrative costs associated with lamp Collection and recycling. B. NSP agrees to pay the costs outlined above within thirty days of receiving an invoice from the City of Columbia Heights for these services. 2. RESPONSIBILITIES OF THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights agrees that it will abide by all of the following conditions of participation in this program: A. The City of Columbia Heights agrees that it will accept fluorescent and HID lamps at no charge from NSP residential customers during it's October 4th, 1997 collection event. B_.ul.bs will be accept.ed .from. r..eside...nts o.f Colu.~b. ia Heights, Fridley., and Spring Lake ~arK, and from resioems or L;oon h(apic~s an(3 u~aine wno can verify that they are NSP customers. B. The City of Columbia Heights agrees to assume all responsibility for the coordination of the following tasks associated with the implementation of the collection event: · Procurement of lamp recycling services for all lamps collected during the event. · Procurement of waste hauling services to insure proper transport of fluorescent and HID wastes to recycling facilities. · Coordination of all efforts to obtain permission to use either public or private properties as the site of the collection event. C. The City of C.olumbia Heights.. ag. rees to..pro, v!d.e NSP. with documentation of all lamps collected, including, but not ~im~[ed to, tne tota~ number and type of bulbs collected. 3. TERM The term of this agreement shall be from the date of receipt until October 5th, 1997. 4. RELATIONSHIP BETWEEN THE PARTIES Nothing in this Agreement creates or can be construed to create the relationship of agent/principal, employer/employee, or representative between NSP and the C~ty of Columbia Heights. 5. COMPLETE AGREEMENT This agreement is fully merged and can only be amended in writing agreed to by all parties hereto. 6. NOTICES All notices under this agreement will be deemed delivered when mailed, postage prepaid, to the other parties at theToiiowing addresses: If to the City of Columbia Heights: Jean Kuehn Recycling Coordinator City of Columbia Heights 590 40th Ave N.E. Columbia Heights, MN 55421 If to Northern States Power Company: Lisa R. Osacho Northern States Power Company 414 Nicollet Mall (RS-5) Minneapolis, MN 55401 IN WITNESS WHEREOF, the parties have caused their proper officers to execute this agreement on the dates below written: City of Columbia Heights By Date Northern States Power Company ate Title H:\FSCC99\DATA\WORD~:~.ECYCE97~COLH GHTS.DOC FLUORESCENT/HID LAMP RECYCLING AGREEMENT This is an agreement between Northern States Power Company (NSP), and the City of Columbia Heights. 1. RESPONSIBILITIES OF NSP NSP agrees that it will abide by all of the following conditions of participation in this program: A. NSP agrees to pay the City of Columbia Heights for costs associated with the collection and recycling of fluorescent and HID lamps during its October 4th, 1997 collection event. These costs to include the cost of labor, supplies, transportation, recycling, disposal, and administrative costs associated with lamp collection and recycling. B. NSP agrees to pay the costs outlined above within thirty days of receiving an invoice from the City of Columlsia Heights for these services. 2. RESPONSIBILITIES OF THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights agrees that it will abide by all of the following conditions of participation in this program: A. The City_ of Columbia Heights agrees that it will accept fluorescent and HiD lamps at no charge from NSP residential customers during it's October 4th, 1997 collection event. Bulbs will be accepted from residents of Columbia Heights, Fridley., and Spring Lake Park, and from residents of Coon Rapids and Blaine who can venfy that they are NSP customers. B. The City of Columbia Heights agrees to assume all responsibility for the coordination of the following tasks associated with the implementation of the collection event: · Procurement of lamp recycling services for all lamps collected during the event. · Procurement of waste hauling services to insure proper transport of fluorescent and HID wastes to recycling facilities. · Coordination of all efforts to obtain permission to use either public or private properties as the site of the collection event. C. The City of Columbia Heights ag. rees to pro. v!d,e NSP, with documentation of ali lamps collected, including, but not limned to, the to~a~ number and type of bulbs collected. 3. TERM The term of this agreement shall be from the date of receipt until October 5th, 1997. 4. RELATIONSHIP BETWEEN THE PARTIES Nothing in this Agreement creates or can be construed to create the relationship of agent/principal, employer/employee, or representative between NSP and the City of Columbia Heights. 5. COMPLETE AGREEMENT This agreement is fully merged and can only be amended in writing agreed to by all parties hereto. -6. NOTICES All notices under this agreement will be deemed delivered when mailed, postage prepaid, to the other parties at the-following addresses: If to the City of Columbia Heights: Jean Kuehn Recycling Coordinator City of Columbia Heights 590 40th Ave N.E. Columbia Heights, MN 55421 If to Northern States Power Company: Lisa R. Osacho Northern States Power Company 414 Nicollet Mall (RS-5) Minneapolis, MN 55401 IN WITNESS WHEREOF, the parties have caused their proper officers to execute this agreement on the dates below written: City of Columbia Heights By Date Northern States Power Company ate ,~/_~..-/! ~, Title H:\FSCC99\DATA\WORD\RECYCE9'ACOLH GHTS.DOC CITY COUNCIL LETTER Meeting of: 9/8/97 AGENDA SECTION: CONSENT ORIGINATING DEP ~,RT~ N~: CITY MANAGER ITEM: AUTHORIZATION TO SEEK QUOTATIONS TO BY: M. Winson ~ ) BY' The alley between Taylor Street and Fillmore Street from 45th Avenue to 46t~ Avenue has a steep drop-off on the west side near the south end. The guard rail is in deteriorating condition and needs replacement. Replacement of the guard rail is not specifically budgeted for; however, staff recommends Street Department funds be used. RECOMMENDED MOTION: Move to authorize staff to seek quotations for replacement of the guard rail in the alley between Taylor Street and Fillmore Street from 45th Avenue to 46th Avenue and funds be appropriated from 101-43121. MAW:jb 97-512 COUNCIL ACTION: 45TH AVENUE N.E. ~Z 0 O-d 313 -- > -< z 0 .--1 TO CITY COUNCIL SEPTEMBER 8, 1997 *.~,~d. ~i,m~ t:~ ~,cc~m~s~{sd ~lg~l{~sti~ 1997 BUSINESS LICENSE AGENDA APPROVED BY BUILDING OFFICIAL CONTRACTORS *C.O Carlson Air Conditioning *Cheery Plumbing *Commercial Plumbing *Countryside Heating & Cooling *Johnson & Sons Concrete *Pete's Water & Sewer *Al Stobbe Homes, Inc. *Weld & Sons Plumbing LOCATED AT 1203 Bryant Ave. N. P.O. Box 4261 3151 - 101st Ave. N.E. 6511 Hwy 12 12008 Oregon Circle 800 Lowry Ave. N.E. 2373 Cherrywood Road 10805 - 50th Place N. FEES 840.00 840.00 840.00 ~40.00 ~40.00 840.00 840.00 840.00 license.ag HEIGHTS ?~MEMBERS TIM ~OWE CO~I~ ~~~]~ A HERO ON T]II~ ~i~$~'IAL NIGHT SEPT. 12, 1997 7:00P.M. COLUMBIA HEIGHTS vs MOUND WESTONKA FOOTBALL GAME AT DICK BORCHARDT STADIUM SPECIAL i-IALK TIRiE PROGRAM HONORING TIM BOYVE- THE PERSON, THE PUBLIC SERVANT, AND FOOTBALL P LAYER. PROGRAM TO INCLUDE RETIRING TIM'S JERSEY #22. "TRULY A MINNESOTA HERO" GOVERNOR ARNIE CARLSON 1997 CITY OF COLUMBI~ HEIGHTS Meeting of: September 8, 1997 AGENDA SECTION: PUBLIC HEARINGS~ ORIGINATING DEPT.:~ CITY MANAGER NO: '/ Communit y Deve lopm%~, APPROVAL ITEM: SECOND READING OF ORDINANCE 1354 BY: Tina Goodro~/~--/ BY: ~,~~~ ~ ' At the last City Council meeting the first reading of Ordinance 1354 was approved regarding the sale of 4613-15 Pierce Street. A proposal has been received and reviewed from Quality Checked Construction for the purchase of 4613-15 Pierce Street for $t8,200. This proposal is the same amount that the property is assessed at. Quality Checked Construction, Inc. plans to construct a 1,080 square foot home with a double attached garage. The floor area requirements appear to be met by this proposal. The design of the home is similar and would blend with the new homes constructed across on Fillmore Street. Included with this City Council letter is a copy of the Sale and Development agreement that will be used, proposal letter from Quality Checked Construction, and the Ordinance necessary to sell property. RECOMMENDED MOTION: Move to.w~ve the second reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordlnance #1354, an ordinance amending Ordinance #853, City Code of 1977. EDA ACTION: \bt\letter\council ORDIN~NCE NO. 1354 Being an ordinance amending Ordinance No. 853, City Code of 1977, Authorizing to convey certain real estate located at 4613-15~Pierce Street N.E. ~The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Quality Checked Const- ruction, the real property described as follow, to wit: That part of South 60 feet of North 180 feet of Lot 15, Block 1, Shef- field Subdivision, Anoka County, Minnesota. Section 2: Section 3: The Mayor and City Manager are here- with authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions spec- ified in the attached agreement labeled "Exhibit A." This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Quality Checked Construction, Inc' 16300 Makah Street NW Andover, Mn 55304 421-5221 To Ken Anderson, We propose to purchase the lot at 4613-15 Pierce St. NE for $18,200. We understand that the City of Columbia Heights will guarantee that the lot will be buildable for a five coarse basement, if the city requires a ddve cut in the curb, they will be responsible for related fees. The city will guarantee the sewer and water connections will be to property line and not in the street. Taxes on the lot will be prorated and on the lot only. We understand the terms are $1000.00 down and the balance due at the closing to the third party. The plan is to start construction as soon as the city approves this and all necessary papers are filed. The house plan is to be a four level 1080 sq. ft. home with double attached garage. Plan number 86276 C. Thank-you for your consideration and prompt action. Sincerely, Michael L. Vagle Pres. SALE AND DE~ELOPHENT AGREeMeNT I~ELATING TO BY AND BETWEEN T~E COLUM~I~ ~EIGHTS ECONOMIC DEVELOP~ AUTHORITY (EDA) - S~LE AND. DEVELOPMENT A~ THIS AGRE~"W-E/~T, made and entered into this day of ., 1997, by and bet-~een ~he Columbia Heights Economic Development Authority, (hereinafter called the "EDA"), and (hereinafter called ~e "Developer"); WITNESSETH THAT, in the joint and mutual exercise of their powers and in consideration of the mutual covenants contained herein, the parties recite and agree as follows: Section 1. Recitals. 1.01. The ProDer~'T. The EDA now owns the property described in t~he attached Exhibit "A", (the "Property"), located in the City of Columbia Heights, A~noka County, Minnesota. !.02. Facilities and Project. The Developer, in accordance with EDA approval, plans to construct or cause to be constructed on the Property a single family home. The Developer shall provide the EDA with a copy of its plans and specifications showing details on the style, e~erior architectural features, mataria!s, color selections, etc. of the home to be constructed, which plans and specifications shall be submitted to the EDA for review and approval prior to ~:he issuance of any building permits on the property by the City of Columbia Heights. Section 2., Sa!e/~urchase of l:Touert7. 2.01. .Sa!e. The EDA agrees to sell the Property to Developer and the Developer agrees to purchase the Property from the EDA for the purchase price of $ . Developer shall begin construction of the home within eighteen (!8) months of the date of execution of this Agreement and shall complete construction within thirty (30) months from said start date, at which time the EDA will convey fee title to the property by Warranty Deed to Developer. Section 3... DevelcDer's ReDresentations. The .Developer hereby ~ .repreSents,. warrants and covenants to the EDA that: ~ 3..01 -'ComDllance. The Developer will-comply with and"--. ' duly and promptly perform 'all ..cf its. obligations under this · Agreement and all related documents and instruments." Developer will also comply with all State and local· codes/ordinances.. 4.03. New Co~s~%~=~ion. Developer shali Me solely responsi~ · ble fo=' ~e cons~ion, m~k~=~g ~d sale of ~e, s~gle f~ily home- on ~e P=ope~y. The min~ selling 9rice (or estimated m~ke~ ~!ue .:. if homesteaded and no= sold) of said home shall be SSS,O00. 4.02 Floor Plan. Developer will be responsible for submitting to the EPA, and obtaining pre, approval of the. floor plan and front elevation of the home proposed to be constructed on the Property. Said pre-approval must be obtained before the City of Columbia Heights will issue any building permits to Developer. 4.03 Fees and Char~es. The Developer will pay, when due, all pe-~mit fees, connection charges, user charges or other charges lawfully imposed by the City of Coium~ia Heights with respect to the Property. Upon conveyance of the Proper~y by the EDA, Developer agrees to be responsible for payment of all recording fees and transfer taxes resulting from the transfer of the Property. 4.04 Existinq Improvements. The Developer will be responsible for removing any existing structure, foundation anddebris from the property and will assure that water and sewer services are stubbed to the boulevard at no cost to the EDA. The Property is currently is currently vacant of any structure(s). Section 5. ED~ Undertakings. Section 6. Default. 6.01. Default. The failure to meet any condition of ~his Agreement shall be an event of default. 6.02. Remedies. If an event of default occurs and is not c'~ed within 30 days of receiving written notice of said default, the EDA may take one or more of the following actions:. .check, or money 'purchase price s~spend performance under this Agreement; terminate the Agreement, thereby rendering void 'any promises or approvals contained in this Agreement; retain bidder"guarantee' submitted~ as cash,.-cashier's order'in the amount of 5% of the (bid price). ~e£ther del£vered personall~F o~ mailed by' ce_---tif'~ad mail, postage' ':' prepaid, addressed to ~he par~:£es at the fol~owing, addxesse~:- Columbia Heights'Economic Development Authority 590 40thAvenue N.E. Col~mhia Heights, MN 55421-3878 IN WITNESS WHEREOF, ~he EDA and Developer have caused this Agreement to be executed the day and year first above %rri=ten. COLUMB L~ 5EIGHTS ECONOMIC DEVELOPMENT AUTHORITY By: Its: President By: Walt Fehst Executive Director By: Developer .STATE OF MI~r~-ESOTA ) ) SS. ' 'COUNTY' OF ANOKA ) On this day of - within and for said County,. :being by me duly sworn, did-'say that he/she is .-., .',r~.me~- t2~.~th~ '.foregoin. g ihs~en~,- the Presiden= of the Colmmbia .... -_..': Heights'Economic Developmen~.~u~hori~, a ~6d~ corporate and politic ~ ._.': ,un. der~he l~ws.of,~he S=a~e of Hinnesbta, and t hat this instrument was ".]~? ~':?Ys~gned as h£s/her free'ac~'and deed. ' '" '. '--. -:'-/,'.:/5 ...... · ." "~;..,' .-'. "':: ~.f-.i(':-'f..- '.' "' .;'.,:. '":-.._' ? ;' ",'"_ .. '_ -' -, - ]' .':.-' ' :: ._.. _. Notary Public · 1997,'her°re me, a Notary Public appeared to me' personally known, who,~ STATE OF MINNESOTA ). cou~ oF" ~OKA On this day of , 1997, before me, a Notary Public' withih and for said County, appeared to me personally known, who,~ being by me duly sworn, ~id say that he is n~med in the foregoing inst~Lunent, the Executive Director .of the Colu=bia Heights Economic Development Authority, _a body corporate and politic under t_he laws of the State of Minnesota, and-that this instrumen~ was signed as his free act and deed. Notary Public STATE OF HI~NESOTA ) COUNTY OF ANOKA ) On this day of , 1997, before me, a Notary Public within and for said County, appeared to me personally known, who, being by me duly sworn, did say that he/she is n~ed in the foregoing ins~-ument, and that this instrLunent was signed as his/her free ac= and deed. Notary Public ' :" i- .-'.". "%" .... -'.- CITY COUNCIL LETTER MEETING OF: SEPTEMBER 8~ 1997 AGENDA SECTION: ITEHS FOR C0NSIDERATi0N ORIGINATING DEPT.: CITY MANAGER NO: ~;. Other Ordinances & Resol. FINANCE APPROVAL ITEM: Being a Resolution Adopting a BY: WILLIAM ELRIh[I~J BY: Proposed Budget, Setting the City, EDA, and HRA Proposed Local Lew, DATE: 8/27/97 and Establishing a Budget Hearing Date for Prope~y Taxes Payable in At the work session of September 4, 1997, the City Council reviewed the proposed 1998 budget and the proposed local levy for 1998. Under the current law, it is necessary for the City to certify a proposed levy, proposed budget, and a public Truth in Taxation hearing date to the County Auditor by September 15th. On or before December 29, 1997, the City must certify a final levy to the County Auditor. The final levy can be less than the proposed levy but it cannot be more than the proposed levy. In addition to the City's local levy, the County collects and distributes to cities an area-wide fiscal disparities tax. This area-wide tax increased last year, and it is currently estimated that there may be a slight increase for 1998. For budgeting purposes, we have used $847,632 for area-wide tax in 1998. The final area-wide tax figure will be available prior to the City's adoption of a final tax levy. The attached resolution includes the current maximum estimated area-wide tax amount and the City ManageCs proposed local levy. Under Minnesota state statutes, the City's public budget headng date cannot conflict with the dates of the County's, school district's, or metropolitan agencies' hearings. Listed below is a schedule of their headng dates. The City can hold their hearing on any other date between November 29th, and December 20, 1997. Anoka County School District 13 Metropolitan Agencies Headnq Date December 9 December 2 December 1 Reconvening Date December 16 December 15 December 8 The resolution also ratifies the Housing and Redevelopment Authority tax levy of $72,192, the Economic Development Authority tax levy of $99,000, and establishes the budget hearing date. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 97- , Being a Resolution Adopting a Proposed Budget, Setting the City, HRA, and EDA Proposed Local Levy, and Establishing a Budget Headng Date for Property Taxes Payable in 1998, with the total levy set at $3,201,434 and the Truth in Taxation headng date of December 10, 1997. We:dh/9708273 Attachments: Sivanich letter of 8/15/97 COUNCIL ACTION: RESOLUTION 97- ~ RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA ADOPTING A PROPOSED BUDGET, SETTING THE CITY, HRA AND EDA PROPOSED LOCAL LEVY, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 1998 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The proposed budget for the City of Columbia Heights for the year 1998 is hereby approved and adopted with appropriations for each of the funds as listed below. Expense General Fund 7,699,775 Community Development Admin. 229,266 CDGB/HOME 321,231 Parkview Villa North 289,327 Parkview Villa South 158,913 EDA 1,061,865 Section 8 Housing 301,434 Rental Property 51,287 H RA 83,192 State Aid 142,159 Cable Television Fund 149,252 Library 493,129 Dare Project 8,950 Police Grant 84,240 Fast Cops 56,371 Capital Improvements Fund 883,000 Infrastructure 157,500 Capital Equipment Replacement Funds 659,505 Central Garage Fund 374,892 Liquor Fund 6,246,753 Water Utility Fund 1,384,455 Sewer Utility Fund 1,204,914 Refuse Fund 1,435,539 Water & Sewer Construction 414,000 Energy Management 332,541 Data Processing 153,213 Police/Fire Contingencies Reserve 125,000 Debt Service Fund 2,401,910 Total Expense Including Interfund Transfers 26,903,613 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies, as hereinafter set forth for the year 1998: Revenue Available General Fund 7,699,775 Community Development Admin. 229,266 CDGB/HOME 321,231 Parkview Villa North 289,327 Parkview Villa South 158,913 EDA 1,061,865 Section 8 Housing 301,434 Rental Property 51,287 HRA 83,192 State Aid 142,159 Cable Television Fund 149,252 Library 493,129 Dare Project 8,950 Police Grant 84,240 Fast Cops 56,371 Capital Improvements Fund 883,000 Infrastructure 157,500 Capital Equipment Replacement Funds 659,505 Central Garage Fund 374,892 Liquor Fund 6,246,753 Water Utility Fund 1,384,455 Sewer Utility Fund 1,204,914 Refuse Fund 1,435,539 Water & Sewer Construction 414,000 Energy Management Data Processing Police/Fire Contingencies Reserve Debt Service Fund Total Revenue Including interfund Transfers 332,541 153,213 125,000 2,401,91 0 26,903,613 Section C. The following sums of money are levied for the current year, collectable in 1998, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated Area-Wide Estimated Genenal Fund Levy Estimated Library Fund Levy Estimated EDA Fund Levy Estimated Special Levy Total Proposed Levy 847,632 1,745,372 443,145 99,000 66,285 3,201,434 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for fiscal year 1998 in the amount of $72,192. BE IT FURTHER RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the budget hearing shall be held on December 10th, at 7:00 P.M. in the City Council Chambers. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this 8th day of September 1997 Offered By: Seconded By: Roll Call: Joseph S. Stu~evant, Mayor Jo-Anne Student, Council Secretary F:',,HOM ~J EAN.A\BU DG ET98'tS U M'~RES COUNTY OF ANOKA DIVISION OF PROPERTY RECORDS AND TAXATION F~dw~d~ GOVERNMENTCENTER. 21003RDAVENUE~~A,~'55303 gust 15. 1997 Joseph S. Stur~evant City of Col~ia Heights ~ ~%q~ ' Col~i, .eights. ~ 55421 Dear Mayor Sturdevant: _~ %-~u='"~. The Truth in Taxation law, M.S. 275.065 re~res cities hold a p~lic budget hearing for property taxes payable in the year 199~. The dates for ~his hearing cannot conflict with the initial hearing set by the county, metropolitan agencies or the school districts located in your city. However, your continuation hearing ~ conflict with the continuation hearing of another taxing district. These hearings must be held between Nov~er 29 and Dec~er 20. The continuation hearing must be at least 5 but no more than 14 business days after your initial hearing. The following taxing districts within your city have set the following hearing dates: TAXING HEARING Anoka County .............. December Metropolitan agencies ..... December School District %13 ....... December RECONVENING 9 ....... December 16 1 ....... December 8 2 ....... December 15 With this information you can now set the initial date for your public hearing and a date for recommencing the meeting, if necessary. In addition, the time and location of the initial meeting, the phone number an interested taxpayer may call and your payable 1998 certified proposed property tax levy is due on or before September 15, 1997. I have enclosed a certification form for your convenience. If you have any questions concerning the Truth in Taxation process, please contact me at 323-5438. Sincerely, Dick Sivanich Manager, Property Tax Support Services c Manager/Administrator Affirmative Action / Equal Opportunity Employer CITY COUNCIL LETTER Meeting of:. 9/8/97 AGENDA SECTION: ITEMS FOR CONS ! DERAT! ON NO' ~ B i d Co n s i d e r a t ions ORIGINATING DEP3/~ TMF1~T: CITY I~kNAGER ITEM: AWARD CONTRACT FOR MANHOLE .'[ n ~-,.~- ~- - The 1997 Sewer Construction Budget includes $9,000 for mamhole rehabilitation work. Staff has solicited quotes from firms doing this type of work for the rehabilitation of three manholes. The manholes to be rehabilitated am located at 38~ and 3fa, 38m and 2 ½ and 43~a and Quincy. The manholes are structurally stable but have excessive cracking and infiltration. By lining the manholes at this time their life expectancy will be increased 20-25 years. Staff has estimated the replacement cost of these manholes using city forces at $6,000 each. The bids received are as follows: Visu-sewer $7,822.00 Infratech $11,400.00 Staff recommends awarding the project to Visu-sewer. RECOMMENDED MOTION: Move to accept the proposal of Visu-se;ver for the rehabilitation of three manholes based on their proposal of August 5, 1997 in estimated amount of $7,800.00; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same, funding to be from the Sewer Capital Improvement Fund 652-49499-5130. MAW:jb 97-517 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 9/8/97 AGENDA SECTION: I TENS FOR CONS!ID ERATI 01't ORIGINATING DEPARTMenT: CITY MANAGER NO: ~ Bid Cons | derat|ons PUBLIC WORKS D ~ [~...-- o~~/~ ITEM: AWARD OF RETAINING WALL ) BY: M. Winso, ~1~[~-- 'BY: ~ CONSTRUCTION ~", ~, ~ DATE: 9/2/97 --ir DATE: ~/~Z-/~7 On August 11, 1997, Council authorized staffto seek bids to replace or construct retaining xvalls on City right-of-way from 1316 to 1328 44th Avenue N.E. and on 40~ Avenue N.E. at 4001 Arthur Street. Specificaitons were requested by 7 companies. Txvo sealed bids were received for the bid opening on August 29, 1997, at 1:00 P.M. The low bid was submitted by Sunram Construction, Inc. and totaled $46,573.60. This was less than the Engineer's Estimate. Municipal State Aid Street construction funds will be used for the project. RECOMMENDED MOTION: Move to axvard the retaining wall construction on 44t~ Avenue and 40th Avenue, Municipal Project #9530 and #9606 to Sunram Construction, Inc. of Comoran, Minnesota, based upon their Iow, responsible, qualified bid in the amount of $46,573.60 to be appropriated from Fund 402; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. MAW:jb 97-513 COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Meeting of: September 8, 1997 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPT.:~ CITY MANAGER NO: ~ 0theF BusTness comm. Devel. Dept. ft~ APPROVAL . ITEM: REQU[ST FOR SECOND FREE STANDIN BY: Tina Goodro~ BY: NO: The Planning and Zoning Commission reviewed the request of Partick Fisher, Manager of the Columbia Heights Mall, who is requesting a sign variance to add a second freestanding sign at the Columbia Heights Shopping Center at 4001 Central Avenue for a proposed new tenant, NAPA Auto Parts Store, who is currently looking at leasing space on the north side of the mall where Marshall's was located. A site plan shows the proposed location of the second freestanding sign. The site plan also shows the area that would be leased by NAPA. This side of the mall (north side) does not face Central Avenue and this is also the reason Mr. Fisher is requesting the variance as this space is "almost hidden from traffic." Mr. Fisher claims he has had difficultly with getting a tenant interested in this space due to the lack of visibility and that additional signage is the only way to resolve this problem. Mr. Fisher is also requesting letters on the building for this space. Drawings with dimensions for the proposed pylon sign and wall signage are included with the packet. Symbols and lettering are counted in the total signage, and decorative bars or neon lights are not included in the count. When considering a sign variance, the type of signage allowed by ordinance and amount of existing signage on site must be researched. The sign ordinance is designed to permit certain signs based on the zoning district and type of building. This ordinance also puts restrictions as far as total square footage allowed on these permitted signs. Section 9.117A(9) (iv) deals with shopping center signage specifically and allows "one area identification sign for each shopping center not to exceed one hundred (100) square feet per surface and limited to four surfaces; one wall sign for each primary use business, not to exceed one (100) square foot per surface and limited to one surface." This section of the signage ordinance is the only language that deals with shopping centers. The Ordinance allows an identification sign for the shopping center, but does not mention using this sign to list every tenant. An identification sign is defined in Section 9.117A(1)(z) as "a sign which is limited to the name, address and number of a building, structure, institution, or person in addition to the activity carried on in the building structure or institution, or the occupation of the person." COUNCIL ACTION: CITY OF COLUMBI~ HEIGHTS Meeting of: September 8, 1997 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Comm. Devel. Dept. APPROVAL ITEM: BY: Tina Goodroad BY: NO: DATE: Sept. 4, 1997 Page 2 The intent of the identification sign is to identify the mall and its location. The wall signage allotment per tenant is to advertise the location of each business within the shopping center or mall. That way a business located in the mall can use that as their address and location for their customers. Shopping centers and malls are not designed to have a separate pylon for each tenant. With this understanding of what is allowed, we must review the restrictions to this. First of all, the identification sign is limited to 100 square feet. The building permit records show that the size of the existing sign is 12'8" X 18' totaling 216 square feet. The identification sign was granted a nine (9) foot variance by the City Council for height on October 10, 1988. The owner requested this variance and a variance on the size of the sign from the Planning and Zoning Commission in October 1988 and was denied. The only variance approved was through an appeal and the height variance was granted, not a variance on the size. Copies of minutes are included for review. The wall signage is limited to 100 square foot maximum, however, Section 9.117A(9) (c) (i) states that "total sign area shall not exceed two (2) square feet for each front of building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on an exterior facade of the premises occupied by such tenant, user or owner." This means that if a tenant space is only 30 feet in width, the maximum amount of wall signage is 60 feet not 100 square feet. If a tenant space is 60 feet, two times this would be 120 square feet, however, the maximum amount of wall signage cannot exceed 100 square feet. I checked each wall sign as far as what is recorded in the property records compared to the maximum allowed and found only one out of conformance. Minnesota Fabrics leases space 60 feet wide. Thus, their maximum for wall signage is 100 square feet. Our records show a wall sign of 3' X 37' for a total of 111 square foot, eleven feet over the maximum allowed. If signage has been changed and a permit was not received, this information may not be accurate. Thus, this site has two signs that are non-conforming, the identification sign and one wall sign. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Meeting of: September 8, 1997 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Comm. Devel. Dept. APPROVAL ITEM: BY: Tina Goodroad BY: NO: DATE: Sept. 3, 1997 Page 3 In researching this request, staff did find evidence that in 1981 and 1983 sign variances were approved for businesses at the north end location. A second freestanding sign in addition to the permitted area identification sign was granted on the basis of undue hardship due to the unique shape of the lot which limits visibility of the north end of the shopping center. This sign is still standing and is vacant. It is approximately 42 square feet in size and is located just north of the doors to the Old Marshall's location. City Council could allow the continued use of this sign as a variance has been approved. Because Mr. Fisher is requesting a second sign on Central Avenue a new variance would be requested. The maximum amount of a second free standing sign would be restricted to 75 square feet and must be located 150 feet from the existing identification sign. Planning and Zoning Commission discussed this issue and felt that due to the unique configuration of the mall and how the north end lacks visibility from Central Avenue that this is enough of a hardship to grant the variance request for a second freestanding sign along Central Avenue if the second freestanding sign, now in existence, is removed. They made this recommendation and limited the sign to seventy-five square feet. In this decision the Commissioners did nothinq with the issue of the non-conforming signs in existence. The Commissioners also tied this approval to the fact that no other freestanding signs will be permitted for any business located at the north end of the mall and the owner/manager of the mall must determine the use of this sign between those businesses located at this north end. By tying this approval for a second freestanding to just the north end of the mall they are leaving the window open for more variance requests from other mall tenants located other then at the north end. The approval may have been more effective if the second freestanding sign was approved for the entire mall without any future consideration of allowing another freestanding sign at the site. Planning and Zoning Commissioners approved this variance with the following stipulations: the second freestanding sign is limited to seventy-five (75) square feet, must be located at least 150 feet from existing identification sign, existing freestanding sign located in COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Meeting of: September 8, 1997 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Con, no Devel. Dept. APPROVAL ITEM: BY: Tina Goodroad BY: NO: DATE: Sept. 4, 1997 Page 4 front of the old Marshall's location be removed and this approval is tied to the fact that no other freestanding signs be permitted for business located at the north end of the mall and that the owner/manager must determine the use of this sign. This was approved by Planning and Zoning with a 3 to 1 vote. Because non-conforming sign exists at this site staff suggested to Planning and Zoning either denying or tabling the variance request until the non-conforming signs were dealt with. Staff suggests the same to City Council. RECOMMENDED MOTION: Move to deny the request for a second freestanding sign as the property currently contains two non-conforming signs. ALTERNATE MOTION: Move to approve a second freestanding sign to be located along Central Avenue at 4001 Central Avenue limited to seventy- five (75) square feet and must be located 150 feet from existing identification sign. The existing freestanding sign located at the north end of the mall must be removed and this approval is the final freestanding sign to be approved for businesses located at the north end of the mall; the owner/manager must determine the use of this sign between these businesses. COUNCIL ACTION: \bt\letter\council CITY OF COLUMBIA HEIGHTS Application For: RezoninE Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Application Date: ~' Fee: /oO, Date Paid 1. Street Address of Subject Property: 4001 Central Avenue N.E, 2. Legal Description of Subject Property: 3. Applicant: 4. Name: Wolf Pack Properties - Property Mgr Address: 3647 McKinley Street-_ N.E. Minneapolis, MN 55418 Phone: 612-781-3184 Owner: Name: Americana Bank Address: 5050 France Avenue So. Edina, MN 55410 Phone: 970-01 ?O Description of Request: See attached letter Zoning: Applicable City Ordinance Number Present Zoning. Present Use Section Proposed Zoning Proposed Use 7. Reason for Request: See attached letter 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 accordance with the Ordinances of the City of Columbia Heights and the laws of the State of Minnesota. Taken By: RECORD OF ACTIOI~ TAKEN BY PLANNING & ZONING COMMISSION Application For Date: Case No.: Plannlng Commlsslon Recommendations: On the day of 1~ , the action requested in the foregoing petlti~n was Approved Denied subject to the following conditions: Planning and Zoning Administrator: CITY COUNCIL ACTION Approved Denied by the City Council this__day of 1~ , Subject to the following condltions: Application on Planning Com~nission Agenda Planning Coramlssion Postponed to Planning Commlsslon Action Appllcatlon on Counc11 Agenda Council Postponed to ~ubllc Hearing City Counc11 Action Buildlng Department Notified Appllcant Notified Adjacent Property Owners Notified Chronology Completed By Date Note: Attached excerpt from City Council Minutes PROPERTIES INC. MEMO TO: FROM: RE: DATE: Planning & Zoning Commission Patrick W. Fischer Manager of Columbia Heights Mall SlGNAGE FOR NAPA AUTO PARTS STORE August 15, 1997 A new proposed tenant, NAPA Auto Parts Store, is looking to lease space in the approximate area shown on the print marked Exhibit A in the Columbia Heights Mall. The Columbia Heights Mall is requesting a sign variance to add a pole sign to the exterior of 'its property on Central Avenue for this tenant. The sign size and dimension is marked Exhibit B. You will note this is the former Marshalls space. The reason the tenant needs the sign is that it is located away from Central avenue and down in a lower area so it is almost hidden from traffic. This was a problem Marshalls had also. The sign will give it visibility and make it a viable location. Without the sign, it is highly unlikely the tenant will go into the space. It has been difficult to interest a tenant in this space because of the lack of visibility and this is the only way to increase the visibility. We are also asking for a variance to put in larger letters on the building for the sign labeled Exhibit C to help give the store exposure. 3647 McKinley Street N.E., Minneapolis, Minnesota, 55418 Telephone: 612-781-3't84 /FAX: 6~2-78~-3670 PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES September l, 1981 Page 5 Mr. Nelson has not received the necessary signatures of consent from his neighbors. Chairman Stenberg asked Mr. Nelson if he would agree to construct the fence off the easement if there was a chance the request would be denied. Mr. Nelson stated he would not move the fence in five feet, however, he would agree to moving it in two and one-half (2½) feet as the swale is on his property 2½ feet and the other half on the neighbors property. Robert Hunstad, 1166 Borealis Lane, stated he did not object to the fence but he did not sign the consent form as he was concerned about the allowances for maintaining the fence and the swale. Lee Stauch, 1155 Khyber, was concerned about the fence and grass maintenance and also the maintenance of the swale. Motion by Parsons, seconded by Markow, to recommend to the City C0uncil the approval of the special purpose fence contingent upon the fence being constructed off the five (5) foot easement and the signatures of consent from the neighbors be obtained. Roll Call: Parsons, Szymczak, Stenberg - Aye; Markow - Nay. **This case will be presented at the City Council meeting of September 1¢ 1981. Public Hearing Special Purpose Fence Case #8109-39 Minneapolis Electric Steel Castings 3901 University Ave. N.E. Columbia Heights, Mn. 55421 Minneapolis Electric Steel Castings has requested their case to be tabled for action until further notice. Go Public Hearing Variance/Site Plan Approval Case #8109-40 Terry Evanson Properties 3550 Lexington Ave. N., Suite 104 St. Paul, Mn. 55112 David Todd Runyon and Gary Vogel, architects, were present to request site plan approval and approval of four variances to construct a 91, 680 square foot one- story retail center between 40th and 41st Avenues al'ong Central Avenue and a q?.o00 souare foot six-story office building between Gould Avenue and 40th Avenue. A small model of the two development proposals was presented. The variances requested are as listed: 1.~ A five (5) foot variance on the length of 40 parking stalls. 2. A thirty (30) foot variance on the setback of loading zones from residential property. 3. A variance waiving the twenty (20) foot wide green buffer zone. 4. A variance permitting two (2) free-standing signs on the retail site. Mr. Carlson stated the Public Works Director and City Engineer have reviewed the plans amd found the grading plan to be acceptable as a whole. The only concern PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES September 1, 19~1 Page 6 is a thirteen (13) foot elevation difference between the retail center and the 60 unit condominiums. A series of retaining walls have been proposed. Water drainage from the north parking lot will flow into the storm drain in 41st Avenue and the rest of the retail centers and office buildings water will flow into the storm drain in 40th Avenue. Catch basins are located in the parking lots and are acceptable to the City Engineer. The City Engineer is requiring twelve inch piping on the proposed eight (8) inch storm drains. Landscaping on the office building site is sufficient, however, Mr. Carlson stated the retail center is much larger and will be 93.4% covered by hard surfaces leaving very little space for landscaping. Mr. Carlson stated he is requiring 200 square feet of interior parking lot landscaping for each 20 parking spaces and two trees per landscape island. Such a large parking area needs all the landscaping possible to soften its visual effects. Perimeter landscaping is restricted to very narrow strips. Mr. Carlson stated he and the City Forestor are requiring the developer to plant trees at 40 foot intervals, in keeping with City policy on boulevard plantings. Where possible, the perimeter areas will be bermed and shrubbery will be planted instead of grass as shrubbery is more easily maintained. There was not any landscaping planned between the retail center and the condominium site because P.J. Gaughan wants to landscape the area to his satisfaction. Landscaping also has not been proposed along Central Avenue because the H.R.A. landscape architects will design that area. The area behind the retail center will be heavily planted with eight (8) foot high evergreens to provide a workable buffer between the commercial building and the senior citizen highrise. Mr. Carlson suggested postponing the approval of the landscaping plan until the Central Avenue landscaping strip and the area between the condominiums and the retail center have been compl, eted. The reason for this would be to allow some flexibility to make alterations. The Traffic Commission has reviewed the plans and approved them. The intersections of 41st and Central Avenues and 40th and Central Avenues are being redesigned to permit right turn lanes. The parking requirements for both facilities have been met. In order to accommodate the large number of parking spaces for the retail center on the limited space, the architects were forced to incorporate forty (40) fifteen foot long parking stalls along Central Avenue. The spaces could accommodate seventeen (17) foot long cars because cars hang over the curb by two feet. These speaces, which would only be used during high business volume times, should be designated for compact cars only. All loading facilities for both the retail center and office building will be adequately screened or enclosed. The loading facilities are adequate. The major loading facility will be for the grocery store and will be incorporated inside the building. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES September l, 1981 Page 7 There will be one free-standing sign on the office site indicating the banking facility. Two free-standing signs are being proposed for the retail center, one identifying the center itself and the other identifying the grocery store on the north side of the center. Because of the unique shape of the center, the grocery store will only have twenty feet of frontage on Central Avenue. The free-standing sign is needed to improve the visibility of the grocery store. The maximum permissible square footage of signage for the retail center would be 1,110 square feet. Signage of the retail center building will be uniform and be mounted on the upper facade area of the building. Motion by Szymczak, seconded by Markow, to approve the site plan with the exception of the landscaping plan and to recommend to the City Council the approval of the variances as requested. Roll Call: All Ayes. Old Business: Mr. Carlson explained to the Commission the reason the Silver Lake Clinic rezoning request did not appear on this months agenda was because there was not much evidence available for a presentation. Engineering and the architects for the Silver Lake Clinic are to work out a solution to the water problem for a possible presentation at the special meeting scheduled for September 15, 1981 at 7:00 p.m. New Business: Dragon House Restaurant. At the request of the owners of the Dragon House Restaurant, Mr. Carlson made an informal presentation of their proposal for a possible addition to their restaurant. After some discussion regarding the plans, it was determined that, without the proper parking allowances, the Commission could not recommend approval of any plans for an addition. It was suggested the owners approach the City regarding the use of the Anoka County parking lot. Science, Technology and Energy Commission. Mr. Carlson informed the Commission that he had met with the Science, Technology and Energy Commission to discuss possible zoning code changes and implications regarding solar panels and solar access rights. Mr. Carlson stated this newly created Commission is looking for some direction from the Planning and Zoning Commission. The Commissioners were in favor of what the Science, Technology and Energy Commission is doing and directed Mr. Carlson to keep them informed on what they can do. Motion by Szymczak, seconded by Markow, to adjourn the meeting at 10:10 p.m. Respectfully submitted, Ka'thryn R: Pepin Sec reta ry September lq, 1981 pa~e 1~ 3. Paul Nelson, 1158 Borealis Lane Special'Purpose Fence H~tion by Heintz, second by Hentges to grant the request for a speclal purpose fence, ~. 'ecommended by the Planning and Zoning Commission, at 1158 Borealls Lane. Ro11 call: Ali ayes _ _ 4. Terry Evenson Properties, 3550 Lexington Ave. N. Variances The City Hanager and City Planner reviewed ali of the reasons for variances being re- quested. The variances being requested are as 1) A five foot var!apce on the length of 40 parking stalls; 2) A thirty foot variance on the setback of the loading zones from residential property; 3) A variance waiving the twenty foot wide green buffer zone behind the retall center, and; 4) A variance permitting two free standing signs on the retail site. Hotion by Hentges, second by Heintz to grant the request for the four variances as recom- mended by theiPlanning and Zoning Commission. Roll call: Logacz, Heintz, Hentges, Nawrocki-- aye Norberg--abstain Traffic Commission 1. Placement of Stop Signs Motion by Heintz, second by Hentges to concur with the Traffic Commission recommendation to erect stop signs on 41st Avenue at Tyler Street to stop traffic flow east and west. Roll call: A11 ayes There had been a letter received from concerned citizens about this 2. Alley Between Mill Street and Jefferson Street Motion by Helntz, second by Logacz as recommended by the Traffic Commission to make the alley that runs from Mill Street east to Jefferson Street one way going east. Roli call: ~'' ayes 3- Alley'B~tween Jackson Street and Van Buren Street south of 40th Avenue Motion by Hentges, second by Heintz as recommended by the Traffic Commission that the alley between Jackson Street and Van Buren Street be one way south from 40th Avenue to the alley running west to Jackson Street. Ro11 call: Logacz, Heintz, Hentges, Nawrocki-- aye Norberg--abstain 4.Placement of Limited Time Parking Signs Motion by Hentges, second by Heintz to authorize the placement of thirty minute parking signs on the south side of 40th Avenue from Jackson Street to Van Buren Street as rec- ommended by the Traffic Commission. Roll call: All ayes c. National League of Cities Conference This conference is scheduled for November 29th to December 2nd in Detroit, Michigan. This was an informational item. d. Columbia Heights Fire Cadets A Thank You note from the Columbia Heights Fire Cadets was received for the Valley Fair outing they had received as a gesture of appreciation. This was an informational item. Old and New Business a. Old Business 1. Burger King, 3939 Central Avenue Privacy Fence 'ion by Norberg, second by Heintz to table tile appeal of the Plannlng and Zoning Com- .~ .ssion by Burger King Corporation, 3~39 Central Avenue, with regard to the privacy fence until a later date. Ro11 call: All ayes ,PLANNING~AND ZONING COMMISSION REGULAR MEETING - MINUTES ~February 1, 1983 'Page 3 Do Public Hearing Variance Case #8302-06 Edward Ernst 1337 N.E. 43½ Avenue Columbia Heights, Mn. 55421 Mr. Goranson presented Mr. Ernst's request for a twenty-two (22)foot front yard setback variance to allow the construction of a 22'x22' attached garage on the front of his house at 1337 N.E. 43½ Avenue. Mr..Ernst's reason fOr the request is because the present driveway approach to the existing garage is very difficult to use during the winter due to the 25% slope. Mr. Goranson informed the Commission if the variance is granted, Mr. Ernst would only have a three (3) foot front yard and a total of thirteen (13) feet from the curb to the front of the garage which would not be sufficient room to park a standard size vehicle. Terry Lamb, architect for Mr. Ernst, presented a model and drawings of the proposed garage and pictures of the existing garage and the problem driveway. Chairman Stenberg stated by granting the variance, the garage would set farther foreward on the lot than any of the other residences in the neighborhood. Motion by Heintz, seconded by Markow, to deny the variance request as a hardship is not evident, there would not be sufficient room in front of the garage to park a vehicle and the residence would set farther foreward on the lot than any of the surrounding homes. Roll Call: All Ayes. Eo Public Hearing Variance Case #8302-07 Columbia Heights Mall 4001 Central Avenue NE. Columbia Heights, Mn. 55421 Mr. Stutz presented the request of the Columbia Heights Mall owners for a sixteen (16) foot height variance to allow the construction of a thirty-six (36) foot high freestanding area identification sign to be located approximately two hundred (200) feet south of 41st Avenue in the boulevard area between Central Avenue and the Mall's parking lot. Gary Vogel,architect, described the proposed pylon sign. He expressed the necessity for the thirty-six foot height due to the visual obstruction of banners, trees and streetlights which will be part of a streetscaping plan that has been approved and adopted by the H.R.A. for the Downtown area. Mr. Vogel and Jim Ruvelson, designer of the sign, felt this case warranted a hardship due to 'the unusual shape of the shopping center and the visual obstructions caused by the street- scaping project. Discussion followed pertaining to whether or not there was a hardship to consider. Mr. Kalina stated the definition of a hardship according to the Zoning Ordinance is the narrowness,'shallowness or shape of a lot~ exceptional topography, soil conditions, tree number or location, or water conditions. It would be up to the Commission to determine whether one of these factors exist. .PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES ~ebruary 1, ~9~3 Page 4 Commissioner Markow stated that at the time the H.R.A. gave a presentation to the Commission of the proposed streetscaping plan, owners of businesses on the west side of Central Avenue asked if the trees would block their wall signs. It was stated at the meeting that the banners and trees, etc. would not block any of the s.ignage on the buildings on the west side of Central. The trees would be trimmed to maintain a certain height and allow visibility. Councilman Hovland felt if a variance would be granted to allow the requested height of this sign, someone else will want one higher, etc., until there would be no end to variance requests to the sign ordinance. He stated, and Chairman Stenberg agreed, many hours were put in to amending the sign ordinance. Members from sign companys did sit in on the work sessions and did have input on the amendments. This sign'code was drawn up in the existing manner for a purpose and it would not be feasible to go against the ordinance that was so recently reworked. Motion by Heintz, seconded by Nixson, to recommend to the City CoUncil to approve the sixteen (16) foot height variance due to a hardship based on tree location pursuant to the adopted landscape plan of the H.R.A.'s streetscaping project. Roll Call: Nixson-Aye, Heintz-Aye, Markow-No, Hovland-No, Stenberg-No: Motion fails. Motion by Markow, seconded by Hovland, to recommend to the City Council the denial of the sixteen (16) foot height variance due to the lack of a hardship and because the request exceeds the height allowed by the Sign Ordinance. Roll Call: Nixson-No, Heintz-No, Markow-Aye, Hovland-Aye, Stenberg-Aye: Motion Passes. Motion by Heintz, seconded by Nixson, to recommend the City Council consider the possibility of amending the sign ordinance to allow a maximum height of a sign in the CBD of thirty (30) feet. Roll Call: Nixson-Aye, Heintz-Aye, Markow-No, Hovland-No, Stenberg-No: Motion fails. **THIS ITEM WILL APPEAR ON THE CITY COUNCIL AGENDA OF FEBRUARY 14, 1983. Public Hearing Variance Case #8302-08 Col. Hgts. Mall/Marshall's 4095 Central Avenue N.E. Columbia Heights, Mn. 55421 Mr. Stutz presented a request from the owner of Columbia Heights Mall and Marshall's for an eighteen (18) square foot variance per surface on the size of a freestanding sign proposed for construction at the north end of the Columbia Heights Mall parking lot. Mr. Stutz reminded the Commission that, in September of 1981, the Planning and Zoning Commission recommended approval of a variance to allow one freestanding sign in addition to the permitted freestanding aPea -identification sign. The variance was granted on the basis of undue hardship due to the uniqbe shape of the lot which limits visibility of the north end of the shopping center. PLANN.I NG AND ZON ! NG COMM I SS 1 ON I~EGULAI~ MEETlNG- M I NUTES February 1, 1989 Page 5 Mr. Stutz also stated the applicants felt that the thirty-two (32) square foot limitation does not provide for a s~gn large enough to be seen from Central Avenue. Mr. Stutz pointed out that the actual copy or lettering on the Marshall'.s sign only occupies twenty-five (25%) percent of the total display'surface or twelve and one-half (12½) square feet. Commissioner Hein~z questioned Mr. Jim Ruvelson, designer o~ the sign, whether the size of the sign ~ould be trimmed down in size as long as it is not completely filled with copy. Mr. Ruvelson replied aesthetically they were architecturally tied to a design element and the whole concept of the project. They have worked in this particular sign with the design of the rest of the project. Motion by Nixson, seconded by Heintz, to recommend to the City Council the approval of the eighteen-(18) square foot variance per surface on the size of the freestanding sign due to the shape of the lot which limits the visibility of the north end of the Mall. Rol] Call: Nixson-Aye, Heintz-Aye, Markow-Aye, Hovland-Aye, Stenberg-No.: Motion Passes. ** THIS ITEM WILL APPEAR ON THE CITY COUNCIL AGENDA FOR FEBRUARY 14, 1983. Public Hearing Variance/Site Plan Approval Case #8302-09 John Moneta 233 N.E. 42nd Avenue Columbia Heights, Mn. 55421 Mr. Goranson presented Mr. Moneta's request for a five (5) foot front yard variance and a five (5) stall garage variance to allow the construction of an eighteen (18) unit apartment'building at 233 N.E. 42nd Avenue. It was the contention of the Commissioners that the five (5) foot front yard setback variance would be appropriate due to the topography of the lot and also because the adjacent building to the east maintains a similar setback of 24.2 feet. A number of residents from the affected area were present to voice their concerns about the drainage in the area and the problems that presently exist. They were concerned that this project would contribute to the already excess drainage in the adjacent park area and their nearby properties. Mr. Goranson explained where storm drains and catch basins would be located as recommended by the City Engineering Department. Discussion followed regarding placement of She garages on the lot to eliminate the need for a variance of five garages. -At this point, Mr. Moneta expressed the desire to withdraw his request to allow him the opportunity t6 make some ~lterations to his proposal. Motion by Nixson, seconded by Markow, to table the request for a five (5) foot front yard setback Mariance and a five (5) stall garage variance and site plan approval. Roll Call: All Ayes. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES October 4, 1988 Page 2 2. That part of Lot 17, Block 2, Lyndale Builders 2nd Addition, Anoka County, Minnesota lying southerly of the following described line: Beginning at a point on the west line of said Lot 17, 60 feet north of the southwest corner of said lot, thence easterly, parallel with the south line of said lot, 67 feet; thence southerly, parallel with the west line of said lot, l0 feet; thence easterly, parallel with the south line of said lot, to the east line of said Lot 17 and there terminating. **THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA FOR OCTOBER 10, 1988. Public Hearing Sign Variance Case #8810-50 Zaidan Holdings, Inc. 4001 Central Avenue NoE. Columbia Heights, Mn. Mr. Stutz presented the request of Gordon Awsumb of Zaidan Holdings for a sign variance to allow the installation of a 316 square foot pylon sign 38 feet in height to replace the existing area identification sign located at the Columbia Heights Mall along Central Avenue. He informed the Commission that the shopping center would be allowed, by Ordinance, one area identification sign not to exceed 100 square feet per surface, limited to four surfaces with a maximum height not to exceed 20 feet. Mr. Awsumb explained the request for additional signage was a result of needs expressed by the tenants of the mall. He felt additional signage would make the mall more marketable and would draw larger tenants and more customers due to the increased visibility to Central Avenue. He referred to the large sign advertising the shopping center at 45th and Central in Hilltop.and stated that their proposed sign would not be ~s-large or as high, but based on the same idea. He stated that they had looked at a number of proposals from different, sign companies and arrived at this choice. He stated that they were aware of the Sign Ordinance and would be somewhat flexible as far as changes'to the proposal and were looking for input. Councilman Peterson explained to Mr. Awsumb that because the Zoning Ordinance requires the Commission to identify a hardship in order to grant a variance, the Planning and Zoning Commission could not approve the request before them° However, he stated that Mr. Awsumb could appeal the denial to the City Council° The City Council could make changes to the Sign Ordinance if they felt it was warranted. Mac McCline of Sign Services stated the Columbia Heights Sign Ordinance is remiss in a11owlng only 100 square feet of signage for major tenants of shopping centers. He stated that trends are leaning towa. rd strip centers with signs to identify all tenants on the pylon signs. Stuart Anderson of 999 N.E. 41st Avenue was present representing the Associations of the LaBelle Condominiums. He stated the LaBelle residents would be against any increase in the signage for the Columbia Heights Mall and felt any enlargement on the pylon sign should result in the reduction of the signage on the building. The tenants of the LaBe~le condominiums felt the shopping center looked like a midway with all the signage on the building. He also requested that they be notified if there is another public hearing on this request. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES -October 4, 1988 page 3 Discussion was held regarding clarification of the various sections of the Sign Code as pertains to this case. Motion by Peterson, seconded by Markow, to deny the variance request due to the lack of a hardship. Roll Call: All Ayes. Ce Public Hearing Sign Variance Case #8810-51 Texaco Express 3701 Central Avenue N.E. Columbia Heights, Mn. Mr. Goranson presented Mr. Bahe's request for a variance to allow the installation of a 2'x22' sign on the north and south side of the gas pump canopy at 3701 Central Avenue. He informed the Commission that the existing signage at the service station was presently at the maximum allowed for the site of 130 square feet. The additional proposed signage would be 88 square feet in excess of what would be allowed for the site. Mr. Bahe explained that he had been under the Texaco banner for approximately four months and that his business had increased. The Texaco people are requiring that he install the two additional signs on the canopy as part of Texaco's "image program". He felt that if he was not allowed this additional signage, Texaco might "pull their flag". Councilman Peterson explained that there was not the required hardship evident, therefore, the Commission could not grant the variance request. However, he did request that Mr. Goranson and Mr. Stutz measure the signage on the site to assure the figures on file were correct and to try to work out a solution with Mr. Babe. Motion by Peterson, seconded by Ryan, to deny the variance request due to the lack of the required hardship. Roll Call: All Ayes. C Public Hearing Site Plan Approval Case #8810-52 John Galt Corporation 4849 Central Avenue N.E. Columbia Heights, Mn. Mr. Stutz presented the request of the John Galt Corporation for Site Plan Approval to allow the conversion of the existing 21,604 square foot automotive dealership into retail space and the construction of an additional 10,780 square feet on the east end of the existing structure. He stated that the majority of the structure would be occupied by Value Village which sells new and used c]oth!ng and household goods. Mr. Stutz stated that a single curb cut along 49th Avenue would provide ingress and .egress for the site. Brian Cluts, architect for the project, stated that the State of Mn. Highway Department wants the existing curb cut along Central Avenue to remain as is allowing the developers to widen it. Mr. Stutz informed the Commission that the site plan had been reviewed by the Traffic Commission at their meeting of October 3, 1988. They approved the plan provided the applicants obtain approval from Anoka County and the State Highway Department for the . proposed curb cuts° .( Council Meeting October 10, 1988 page 6 THE DESCRIPTION HENCEFORTH TO BE: That part of Lot ]7, Block 2, Lyndale Builders 2nd Addition, Anok~ County, Minnesota lying northerly of the following described line: Beginning at a point on the west line of said Lot 17, 60 feet north of the southwest corner of said lot, thence easterly, parallel wlth the south line of said lot, 67 .feet; thence southerly, parallel with the west.line of said lot, l0 feet; thence easterly, parallel with the south line of said lot, to the east line of said Lot 17 and there terminating. 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 des- cribed property, in the amount of $ NONE be divided. Paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lotsplit give approval shall become invalid if the resolution, motion or other Council action approving the said lotsplit is not filed with the County Auditor within one (]) year of the date of the Council action. PLANNING & ZONING DEPT. ACTION: App roved This 4th day of October, 1988. Harvey L. Mild (si~.) Signature of Owner, Notarized 5051 Jefferson Street, Columbia Heights Owner's Address Offered by: Peterson Seconded by: Ryan Roll call: All ayes LeRoy Goranson (sig.) Zoning Officer CITY COUNCIL ACTION: Telephone No. 572-1747 Subscribed and sworn to before me this 16th day of September, 1988. Bonnie A. Jewett (sig.) Notary Public Approved Offered by: Seconded by: Roll call: Paterson Hadtrath All ayes This lOth day of October, 1~88. Mayor Dale V. Hadtrath Jo-Anne Student, Council Secretary FEE $10.00 DATEPAID: 9-16-88 RECEIPT NO. 18643 2~ AppeaJ of Denial by Planning and Zoning Commission Sign Variance, 4001 Central Avenue, Zaiden Holdings, Inc. The Building InsPector distributed copies of the most recently received proposed sign to the Council. He noted this alternate proposal is not in compliance with the Sign Ordinance. The proposed sign would be nine Council Meeting October lO, page ? feet higher than the present sign but the same wldth.-The representative of Zaiden Holdings indicated that the variance request is being made so a11 of the tenants in the Columbia Heights Mall could have their name on the sign thereby giving them-more exposure to thepasslng traffic'. It was noted that the building is ]ocated some distance from Central Avenue and the present signage on the building is less than adequate. A resident representing LaBelle Condominiums associations spoke against granting of the variance. 'Counci]member Peterson advised the C°uncil that the Planning and Zoning Commission could not grant this variance due to the ]ack of an hardship but most the Commission was supportive of cooperating with city businesses to enhance their business opportunity. The rep- resentative of Zaiden Holdlngs inquired if the Council could approve the request if the topper on the sign were to be removed and perhaps added later after the, Council had discussed it at a work session. Councilmember Petkoff felt the topper shou]d remain as it contains the name of the City and does much to identify the City's downtown. it was the consensus of the Council' that every effort should be made to make the'Columbia Heights Mall more attractive to potential tenants. Motion by Carlson to table this matter. Motion dies for lack of a second. Motion by Petkoff, second by Paulson to approve the nine foot height variance to Zaiden Holdings, Inc. for the Columbia Heights Mall based on .the lack of visibility going south on Central Avenue due to the location and height of the trees. Roll call: Paulson, Petkoff, Peterson, Hadtrath - aye Carlson - nay b. Cable Company Offer Regarding Franchise Non-Compliance Issues John Eddy, Chief Operating Officer of Uorth Central Cable Communications, advised the Council he was at a loss as to what the City expects to resolve the problems which have been experienced for some time. He suggested that the City Council appoint or designate a committee to meet with repre- sentatives of the cable company to discuss resolutions of the problems and ultimately return recommendations to the Council. Councilmember Pau]son, who is the Council Representative on the Cable Commission, stated that much of the de]ay in resolution of the problems was on the part of the cable company. He cited other problems which have not been addressed nor adequately acknowledged by the cable company. He felt this matter should be discussed at a council work session. Motion by Paulson, second by Carlson to de]ay any Council action until the matter has been discussed at the council work session on October 17th. Roll call: All ayes 8. Old Business There was no Did business. New Business a. Establis~ Special Assessment Hearing Dates Motion by Petkoff, second by Paulson to establlsh speclal assessment hearing dates for November 21st and November 30th to be held at 7:30 p.m. in the City Council Chambers. Roll call: All ayes b. Architectural Fees for Project #8803 Councilmember Carlson inquired if this work had been authorized. The City Manager advised that it was. Motion by Petkoff, second by Peterson to authorize payment of $8,760 to Donald F. Pertinen Plahning and Design, Inc. of Spring Lake Park. Roll call: Paulson, Petkoff, Peterson, Hadtrath - aye Carlson - nay 'OAH EXHIi~IT B / \ PIPE CL PL + + + + W BY ]~TALLE~ + + + + + + ..f. ..f- L 't- .-I- + FRONT \ SiDE ELEVATION LE, 1/4'=1'-0' D/IfllFIX3 ,[/[ ii-,~ CITY COUNCIL LETTER Meeting of: September 8, 1997 AGENDA SECTiON-I TEMS FOR CONS i DERAT1 ON ORIGINATING DEPT.: ~ CITY NLANAGER NO: '~:1, O~h~,r ~ii~ in~m'~ - ~ ~lanning and Zoni~ ~ APPROy~L f/ i ChurchITEM: Rezo~ing, St. Timothy's Lutheran ~' ~4 ') ~ ~ DATE:BY: Tins Sept.G°°dr°~~8, !~ BY~~~~ NO: Case ~9708-28, 825 N.E. 51st Ave. Mr. Bruce Nedegaard is requesting the consideration of rezoning the property described as the west 224.00 feet of Lots 7 and 8, Auditor's Subdivision No. 51, except the north 3.6 acres thereof, Anoka County, Minnesota as shown on the enclosed survey from the present "R-2", One and Two Family Residential District, to "R-3", Multiple Family Residential District. In the "R-3" District, Section 9.109(2) (h) allows, by Conditional Use Permit, nursing homes, rest homes or retirement homes. The reason for the rezoning is due to a development of a three story, 70 unit senior apartment building proposed on property adjacent to the west of St. Timothy's Lutheran Church. The proposed R-3 zoning will allow this development as a conforming use. If the rezoning is approved, it would require an amendment to the Comprehensive Plan as the land use plan shows this area as commercial. Whenever a change is made to the Zoning Ordinance that does not correspond to the Comprehensive Plan, the latter must be amended as the two documents cannot conflict. Staff is currently looking at the surrounding area around St. Tim's for both the rezoning and Comprehensive Plan amendment to ensure the area is in compliance and reads the same in both documents. Staff would like to see the church be rezoned to R-3 and the Comprehensive Plan changed to reflect this. This will eliminate a "spot zoning" situation and the two adjoining properties will be the same zoning. This Zoning District will also serve as a buffer between the residences on the south and the retail business on the north and east. Staff will schedule a public hearing for the October Planning and Zoning Commission meeting to present a Comprehensive Plan Amendment for this area. This same amendment will hopefully be presented to the City Council at the October 13, 1997 meeting. A large group of residents did attend the meeting and spoke against the project. A petition has been prepared and signed by thirty-five (35) adjacent property owners. This petition states that the residents do not want the project as it is not in the best interests of the neighborhood. Additional concerns are listed on the petition and copies of this are attached for your review. RECOMMENDED MOTION: Move to waive the second reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance #1351, amending Ordinance #853, City Code of 1977. COUNCIL ACTION: ccag0897.no3 ORDINANCE NO. 135/. BEING AN ORDINANCE -AMENDING ORDINANCE NO. 853 PERTAINING TO THE REZONING OF CERTAIN PROPERTY. Section 1: That certain property legally'described as The West 224 feet of the following described property: Lots 7 and g, Auditor's Subdivision No. 51, except the North 3.6 acres thereof, Anoka County, Minnesota, which is currently zoned R-2, One and Two Family Residential, shall hereafter be zoned K-3, Multiple Family Residential. Section 2: This Ordinance shall be in full force and eff'ect from and thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, City Council Secretary Petition To: Attention: Subject: City of Columbia Heights, Zoning and Planning Commission Mr. Walt Fehst, City Manager A request for a Lotsplit, Rezoning and Conditional Use Permit to allow the construction of a three-story senior apartment building at 825 NE 51st Avenue, adjacent to St. Timothy's Lutheran Church. We, the following citizens of Columbia Heights, hereby do object to and protest the above mentioned Lotsplit, Rezoning and Conditional Use Permit. We are residents of Columbia Heights who live in vicinity of the proposed Lotsplit. We feel that this proposal in NOT in the best interests of our neighborhood. As the present neighborhood does not now have a multiple family apartment building we believe that the construction of such a building would have a number of negative affects on our neighborhood and properties. We have listed a few of these below: 1. Adversely affect present and future property values for present homeowners. 2. Add additional traffic on a street that already has problems with speeding and joyriding 3. Deter from the beauty and serenity of Sullivan Park especially with the existing presence of St. Timothys, Medtronic Corporation and the Target complex. We, as existing residents in the neighborhood and voters in the city, demand that the City Planning and Zoning Commission DO NOT approve this request. Address Date DE 7- 7-47 Petition To: Attention: Subject: City of Columbia Heights, Zoning and Planning Commission Mr. Walt Fehst, City Manager A request for a Lotsplit, Rezoning and Conditional Use Permit to allow the construction of a three-story senior apartment building at 825 NE 5 l*t Avenue, adjacent to St. Timothy's Lutheran Church. We, the following citizens of Columbia Heights, hereby do object to and protest the above mentioned Lotsplit, Rezoning and Conditional Use Permit. We are residents of Columbia Heights who live in vicinity of the proposed Lotsplit. We feel that this proposal in NOT in the best interests of our neighborhood. As the present neighborhood does not now have a multiple family apartment building we believe that the construction of such a building would have a number of negative affects on our neighborhood and properties. We have listed a few of these below: 1. Adversely affect present and future property values for present homeowners. 2. Add additional traffic on a street that already has problems with speeding and joyriding 3. Deter from the beauty and serenity of Sullivan Park especially with the existing presence of St. Timothys, Medtronic Corporation and the Target complex. We, as existing residents in the neighborhood and voters in the city, demand that the City Planning and Zoning Commission DO NOT approve this request. Addre~ Date Petition Signatures Name Address Date - . ~/5- ,5-'~/¥.o_ ~o,e_ 7 - c~ - Petition To: Attention: Subject: City of Columbia Heights, Zoning and Planning Commission Mr. Walt Fehst, City Manager A request for a Lotsplit, Rezoning and Conditional Use Permit to allow the construction ora three-story senior apartment building at 825 NE 51st Avenue, adjacem to St. Timothy's Lutheran Church. We, the following citizens of Columbia Heights, hereby do object to and protest the above mentioned Lotsplit, Rezoning and Conditional Use Permit. We are residents of Columbia Heights who live in vicinity of the proposed Lotsplit. We feel that this proposal in NOT in the best interests of our neighborhood. As the present neighborhood does not now have a multiple family apartment building we believe that the construction of such a building would have a number of negative affects on our neighborhood and properties. We have listed a few of these below: 1. Adversely affect present and future property values for present homeowners. 2. Add additional traffic on a street that already has problems with speeding and joyriding 3. Deter from the beauty and serenity of Sullivan Park especially with the existing presence of St. Timothys, Medtronic Corporation and the Target complex. We, as existing residents in the neighborhood mad voters in the city, demand that the City Planning and Zoning Commission DO NOT approve this request. Name Address Date Petition Signatures Name Address Date CITY COUNCIL LETTER Meeting of: September 8, 1997 AGENDA SECTION_[ ITEMS FOR CONSIDERATION ORIGINATING DEPT.: CITY MANAGER NO:~ 0theK Bus J ness Planning and Zoning~-~ APPROVAL ITEM: Site Plan Approval, St. Timothy's BY: Tina Goodroa~t~ ) Lutheran Church ~,~, ~) ~ DATE: Sept. 2, NO: Case ~9708-28, 825 N.E. 5!st Ave. t The Planning and Zoning Commission reviewed the Site Plan for the cons2ruction of a three story, 70 unit, senior apartment building. Site plans enclosed show each of the three levels plus the underground parking and a new exterior building elevation drawing. As you know the developer, architect and representatives from Mary T, Inc. met with residents regarding this proposal. Many concerns the residents have were voiced regarding the size of the building, parking, landscaping, increase in traffic, use of park and trails and a guarantee that the facility will remain senior. A new version of the site plan and a building elevation drawing have been submitted. The main changes to the site plan relate to additional trees along the private service road and a berm of shrubs and trees along 51st Ave. The private service road leads to a service door and the architect widened this access for trucks to maneuver easily. The main floor features an entry, lounge, office, kitchen, laundry, dining facilities and, at the rear, a four season porch, screened-in porch and an outdoor patio all looking out to Sullivan Lake and Park. This main floor contains 22,761 square feet and contains 16 one-bedroom and six (6) two-bedroom apartments. The second floor features a large multipurpose room, above the main floor dining, a screened-in porch and deck, beauty shop, TV and exercise room, library, laundry, guest room and storage room. This floor contains 22,361 square feet with 15 one- bedroom and seven (7) two-bedroom apartments. The third floor features a lounge, lobby and laundry facility. This floor contains 23,000 square feet with 14 one-bedroom and seven (7) two-bedroom apartments. The parking level features 32 parking stalls, storage, woodworking and pottery stations, machine room, and maintenance/mechanical rooms. Ail four levels will be accessible via an elevator. Unit sizes range from 640 square feet for a one-bedroom up to 858 square feet and 898 square feet for a two-bedroom. These unit sizes meet the floor area requirements of the "R-3" Ordinance. The proposed building will have exterior parking on the south side (facing 51st Avenue) and on the east side facing the church. The site will be accessible with one curb cut off 51st Avenue. This curb cut must be approved by Traffic Commission. This approval was granted August 4, 1997. One curb cut will lead to the lot, front entrance and the underground parking lot. A covered walkway to the drive is planned at the front entry. The height of this canopy must be at least 13 feet, 6 inches. A service door and drive is planned on the east side of the building near the kitchen. Concerns were raised about the proposed use of the park access road for deliveries. Mr. Nedegaard is proposing to remedy this by adding a ten to twelve foot private service road east of the park access road. This will ensure that no traffic will occur on the park access road. This proposed private road would be restricted to service vehicles only. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: September 8, 1997 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Planning and Zoning APPROVAL ITEM: Site Plan Approval, St. Timothy's BY: Tina Goodroad BY: Lutheran Church DATE: Sept. 8, 1997 NO: Case #9708-28, 825 N.E. 51st Ave. Page 2 This site is going to take every advantage of the surroundings with the close proximity to the lake, park and trails. Landscaping will enable this site to blend with the surrounding area and linkages will be made to the trails. Setbacks Ail required zoning setbacks have been met on this site plan according to the "R-3" Ordinance. Off-Street Parking The parking section of the Zoning Ordinance does not list senior apartment buildings separately from other multiple family buildings. Thus, Section 9.1!6(4) (f) applies for this development as a multiple family dwelling. This section states that at least two (2) parking spaces for each dwelling in the "R-3" zone. This would require 140 spaces. As the site plan and parking level site plan indicate, there are 41 parking stalls planned outside and 32 parking stalls inside. Thus, 67 spaces are not available on the site. Because this is a senior facility, parking will not be in as much of a demand as a typical apartment building. Often with a new building, the tenants will want to keep their car, but once they become accustomed to the area, many seniors may find they do not need their car. A solution to the lack of parking would be a contractual parking permit between the church and owners of the constructed apartment building. This permit would indicate the property and number of spaces the apartment building would have rights to. This document would be recorded with Anoka County in the form of a covenant running with the real property effected thereby. This type of parking arrangement is necessary for the development to go forward. The site plan shows at the northeast side just how close St. Timothy's parking is to the site. The elevation drawing shows this proximity as well. On the survey the black portion is the parking lot and this too shows how close this parking is to the proposed building. The City would expect that any guest parking be on the St. Timothy's lot to give the residents as much of the on-site parking as possible. This kind of contractual parking is not ideal in every case. However, in cases where one use is a church with only a couple times each week being busy and the remaining time relatively empty it is a good way it can be used. Staff will require that an agreement be written and approved by the City Attorney prior to issuance of a Certificate of Occupancy to ensure the parking requirement is satisfied. Several residents spoke of their concern over the parking at this site. Many of these residents are concerned that people will park on 51st Avenue or even Jackson Street when visiting this building. Staff believes that with the on-site parking and adjoining parking at the Church, which the apartment building will have rights to use, parking will not be a problem. It should also be noted that as a senior apartment building, both the developer and management company have explained that once individuals move into the building, only a minimal number keep their cars. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: Sept. 8, 1997 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Planning and Zoning APPROVAL ITEM: Site Plan Approval, St. Timothy's BY: Tina Goodroad BY: Lutheran Church DATE: Sept. 2, 1997 NO: Case #9708-28, 825 N.E. 5!st Ave. Page 3 This issue was discussed at length with the residents and several points were raised by representatives of Mary T., Inc. who tried to give the residents a comfort levet~ however this issue is still a concern. Mr. Nedegaard has told me he would be willing to request the Traffic Commission to install a "no parking" sign if this would please the City Council.A final point on the parking area and joint parking agreement between the two uses deals with an access across the uses to link the parking at St. Timothy's to the senior apartment building. Mr. Nedegaard has indicated on the site plan a location where he intends to install a sidewalk between the uses so that people crossing will have a safe way to do so. A sidewalk will also be expanded along the front entrance to the loading area and through the middle of the parking lot between the stalls. Handicapped spaces must be provided on the exterior lot and interior ramp. Three spaces must be provided on the exterior lot in front of the building. Two of these must be van accessible with an eight (8) foot aisle and one (i) space with a five (5) foot aisle. The interior parking must have one van accessible handicap space with an eight (8) foot aisle. LandscaDinq/Screeninq The site plan indicates landscaping at the entry, around the building and through the parking lot. As mentioned before, this development will take advantage of the views and existing surrounding park, especially in the rear. Because this is a residential building, the Housing Maintenance Code specifies some landscaping requirements. Section 7:5A.207(1) (i) requires sodding and ground cover. Ail exposed ground area surrounding the principle building and accessory buildings, which are not devoted to driveways, parking areas, sidewalks, or patios shall be sodded or landscaped with shrubs, trees, gardens or other ornamental landscape materials. Ail of these areas must be well maintained. Screening will be required at all loading and service utility sites and around any outdoor storage areas including dumpsters and refuse containers. The site plan indicates trees along a service road leading to the park access road. Trash is planned to be stored inside the structure. Additional screening may be necessary at the perimeter of the parking lot. Section 5A.207(d) requires a minimum of one deciduous tree for every forty-five (45) feet or portion thereof of parking lot perimeter planted adjacent to the nearest roadway to the property on which the parking lot is located. The new site plan shows a berm of trees and shrubs along 51st Ave. to meet all requirements. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: September 8, 1997 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Planning and Zoning APPROVAL ITEM: Site Plan Approval, St. T imothy's BY: T ina G oodroad BY: ~~//~ Lutheran Church NO: Case #9708-28, 825 N.E. 51st Ave. DATE: Sept 2, 1997 ~/~/~f Page 4 Liqhtinq The Housing Maintenance Code requires in Section 5A.208(!) (f) that lighting must be provided for parking areas and walkways between the parking area and the building. In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum width of one foot candle, and the maximum light at the boundary line of the premises may not exceed three foot candles. At the resident meeting Mr. Nedegaard assured the neighborhood that lighting will be carefully planned as to not reflect outward off the site, but reflect down and in towards the site. Lighting will be planned on the building itself and at the boundaries of the parking lot and sidewalks. A lighting plan has not been submitted. However, Staff will require a plan to be submitted when construction drawings are submitted. Other Enqineerinq Comments Water Service: There is an existing ten inch water main in 51st Avenue that can be accessed for domestic and fire water supply. The owner/developer should determine if there is sufficient pressure and flow in the line to meet the needs of the project. Sanitary Sewer Service: There is an eight inch line that comes into the north side of the lift station located in Sullivan Park at the northwest corner of the site. Modifications are planned for this system that will provide an eight inch main along the north line of the development property. This will be done in 1998. Storm Drainage: Surface runoff must be directed to the existing storm water pond located northwest of the site. The owner/developer will be responsible for redesigning the pond to handle the added flow and for constructing the modifications. The building elevation drawings provide an excellent example of what the structure will look like. The berming and trees surrounding the building as well as the building materials will soften the appearance for the surrounding neighborhood. As all site plan requirements are being met the Planning and Zoning Commission unanimously recommend approval of the Site Plan and all related contingencies. RECOMMENDED MOTION: Move to approve the site plan as it meets appropriate zoning requirements provided the following contingencies are completed prior to occupancy: 1. Approval of the lotsp!it request. 2. Approval of the first and second reading of Ordinance ~1351 (rezoning of development property). COUNCIL ACTION: CITY COLINCIL LETTER Meeting of: September 8, 1997 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Planning and Zoning APPROVAL ITEM: Site Plan Approval, St. Timothy's BY: Tins Goodroad Lutheran Church DATE: Sept 2, 1997 NO: Case #9708-28, 825 N.E. 51st Ave. Page 5 3. Parking agreement be prepared and approved by City Attorney and filed with Anoka County in the form of a covenant. 4. Access easement to the Park Access Road (for Fire Department purposes only) be approved by the Park and Recreation Commission and the City Council. 5. Landscape plan and lighting plan be prepared and reviewed by Staff at the time of submission of construction plans. 6. Owner/developer responsible to determine if sufficient water pressure flow in the line will meet the needs of the development. 7. Owner/developer must provide a plan that is approved by the City Engineering Department for a redesign of the storm water pond and will be responsible for constructing the modifications. 8. Sidewalks across parking lot from Church to apartment building be installed. 9. Traffic Commission approval of proposed private service road and curb cut. COUNCIL ACTION: ccag0897.no4 Columbia Heights Fire Department To: From: Subject: Date: Keith Flermoen, Fire Inspector Senior Housing at St. Timothy's July 25, 1997 After reviewing the plans for Senior Housing at St. Timothy's, the following kems shall be addressed: 1) Required fire apparatus access road. All portions of the exterior of the first floor shall be within 150 feet of an approved access road. 2) Fire apparatus roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 ft, 6 in. 3) If the park access roadway is used for an access road, it will need to be widened. Plans show that it is less than 20 feet in width. 4) All access roads will be requked to be posted "No Parking Fire Lane". If you have any questions, please call the Fire Department. K3F:cf 97 -97 CITY OF COLUMBIA I-[EIGHTS Public Works Department TO: FROM: SUBJECT: DATE: TINA GOODROAD /] zo ,o,o July 29, 1997 The Engineering staffhas reviewed the prelim/nary site plan for a proposed senior housing project on the St. Timothy's property north of 51st Avenue and the have the following comments: Acce~ The plan indicates the use of the existing access drive to Sullivan Lake Park as being used to access the service drive on the west side of the 'building. This park access road is 22' wide. The owners will need to enter into an access easement with the City in order to use this drive for access. This item will need to be reviewed by the Park & Recreation Commission for a recommendation to the City Council on the use of this access route. The next Park & Recreation Commission meeting is scheduled for August 27, 1997. A representative of the owner/developer will need to be present at the meeting. The on-site circulation of traffic appears to be adequate, but the plan should be reviewed by the Traffic Commission at their next meeting scheduled for August 4, 1997. We will place it on the agenda. A representative of the owner/developer will need to be present at the meeting. Water Service There is an existing 10" water main in 51st Avenue that can be accessed for domestic and fire water supply. The owner/developer should determine if there is sufficient pressure and flow in the line to meet the needs of this development. Sanitary_ Sewer $¢rvi¢~ This development can be served off.the existing system to the north. Currently there is an 8" line that comes into the north side of the lift station located in Sullivan Park at the northwest comer of the site. Modifications are planned for this system that will provide an 8" main along the north line of the development property. The modifications wilt include doubling the capacity of the I~ Memorandum to Tina Go~)droad July 29, 1997 Page 2 station and will therefore provide adequate caP~city for this development. The improvements are expected to be constructed in 1998. Storm Drainage Surface run offshould be directed to the existing storm water pond located northwest of the site. The owner/developer will be responsible for redesigning the pond to handle the added flow and for constructing the modifications. MAW:jb 97-452 Columbia heights SeniOr Housing Bruce Nedegaard 70 Unit Building First Floor 22,761 s.f. Second floor 22,361 s.f. Third floor 23~000 s.f. Parking Level 14,675 s.f. Total 82,797 s.f. Unit Data 50-1BR @ 640 s.f. = 32,000 s.f. 12-1BR @ 849 s.f. = 10,188 s.f. 5 - 2BR @ 858 s.f. = 4,290 s.f. 3 - 2BR @ 898 s.f. = 2,694 s.f. 70 Units Total = 49,172 s.f. CITY OF COLUMBI~ HEIGHTS COMMUNITY DEVELOPMENT DEPARTMENT TO: FROM: D~TE: RE: Mayor Joseph Sturdevant Walt Fehst, City Manager Mark Winson, Public Works Department City Councilmembers Kenneth Anderson, Community Development Director Tina Goodroad, Planner August 20, 1997 PROPOSED SENIOR APi~tTMENT BUILDING. On August 18th the developer Bruce Nedegaard, architect Bill Kemp of SEH and Mary Tjosvold and Carmen Rinta of Mary T, Inc. met with residents regarding the proposed 3 story, 70 unit senior apartment building to be located adjacent to St. Timothy's Lutheran Church. Over 30 residents attended this meeting to hear information about the proposed building and voice their concerns. Many of the same issues and concerns were raised by the neighboring residents as heard at the Planning and Zoning Commission meeting and at the City Council meeting. Discussion items include: size of the building, parking, landscaping, increase in traffic, lighting, use of park and trails, and a guarantee that the building remain for seniors. In response to the landscaping issue, Mr. Nedegaard explained that additional trees will be added at the south end of the site along 51st Avenue to soften the view. Mr. Nedegaard and representatives of Margaret Place attempted to explain the expected use of parking at this facility. Staff also explained that the contractual parking agreement proposed in this case is allowed by ordinance and not a "Special" provision created to make this project work. This type of arrangement is also not ideal in every case, but with one use being a church, staff feels it is a way to best utilize an available parking lot. Residents are concerned over the increase in traffic this building may bring. Staff explained that this proposal as with any proposal will bring an increase in actual traffic count, however, not to a degree that would be a detriment to the surrounding uses. Staff has requested Mr. Nedegaard work with his architect to develop an estimated traffic forecast/impact study as a result of this development. This will be provided in writing to the City Council at the meeting of September 8, 1997. A few of these same residents expressed an interest in upgrades being made to the trail system and playground equipment at Sullivan Park. Specifically their concern is over wider trails and separate trails for walkers and bikers. Staff reviewed the expansion that will be made to the trail over the next year and that the new trail would be approximately 3 feet wider than existing trails. Staff also promised that the wishes for updated playground facilities would be brought to the attention of the Parks and Recreation Commission and/or City Council. Mr. Nedegaard explained that lighting will be carefully planned as to not reflect outward off the site, but reflect down and in towards the site. Lighting will be planned on the building itself and at the boundaries of the parking lot and sidewalks. Lighting and its intensity is restricted by the code and staff will review the lighting to ensure conformity. Finally, discussion took place regarding the use of the building for seniors and what kind of guarantee there is to ensure it will remain a senior facility. Representatives reviewed the financing and the professional experience of Mary T. Inc. in an attempt to satisfy these concerns. Overall, many excellent comments were made from both sides. Mr. Nedegaard will be reviewing the site plan with the architect and will incorporate lighting, improved landscaping and perhaps different materials to "soften" the building appearance and impact on the neighborhood. These plans will be worked on over the next week for review by the City Council on September 8th. At that meeting City Council will review the second reading of the rezoning request, revised site plan and Conditional Use Permit. Staff will not present the site plan at the August 25th City Council meeting in order to give the developer/architect an opportunity to revise and update plans according to resident issues/ concerns and results of the completed Market Study for the scheduled September 8, 1997 review. Please contact us with any additional questions. c: Bruce Nedegaard Mary Tjosvold Marlaine Szurek, Planning & Zoning Chair bt/ken/memo Page 2 of 2 CITY COUNCIL LETTER Meeting of: September 8, 1997 AGENDA SECTI,~ON: ITEMS FOR ~flN$1DERATION ORIGINATING DEPT.: CITY MANAGER NO:~ Uther business Planning and Zoning~ APPROVAL ITEM: Cond. Use Permit, St. Timothy's BY: Tina Goodro BY: Lutheran Church 9 C ') ) NO: Case ~9708-28, 825 N.E. 51st Ave. . The Planning and Zoning Commission reviewed the request of Mr. Bruce Nedegaard for a Conditional Use Permit to operate a three story, 70 unit, retirement home at 825 N.E. 51st Avenue adjacent to St. Timothy's Lutheran Church. Section 9.109(2) (h) of the "R-3", Multiple Family Residential Section of the Zoning Ordinance allows by Conditional Use Permit nursing homes, rest homes or retirement homes, provided the site shall contain not less than four hundred (400) square feet of lot area for each person to be accommodated, provided buildings for uses described in this section are twenty-five (25 feet or more from a lot line of an abutting lot line in an "R" District. Since this Conditional Use Permit is being considered for a Retirement Home, if approved, it could not be constructed or utilized for another purpose without the Conditional Use Permit being amended. The site plan shows the location of the building in relation to the church. Shared parking will be necessary for the project to be approved. Since an extensive site plan review was just completed, i will not reiterate what was discussed. However, the approval of the Conditional Use Permit will be contingent upon approval of the site plan as well as all other planning related requests for this project. The Planning and Zoning Commission unanimously recommend approval of the Conditional Use Permit. RECOMMENDED MOTION: Move to approve the Conditional Use Permit provided the following contingencies are completed and required approvals are made prior to occupancy: !. Approval of lotsp!it request. 2. Approval of the first and second reading of Ordinance ~135~ (rezoning of development property). 3. Parking agreement be prepared and approved by City Attorney and filed with Anoka County in the form of a covenant. 4. Access easement be approved by the Park and Recreation Commission and City Council. 5. Site plan and all related contingencies be completed and approved. COUNCIL ACTION: ccag0897.no5 YH£ E MINU? $ HAV ' NOT BEEN APPROVED City of Columbia Heights Park and Recreation Commission August 27, 1997 The meeting was called to order at 6:30 p.m. by Chairman Dick Petkoff. Members present: Eileen Evans; Bruce Magnuson; James Nelson; Dick Petkoff; Gary Peterson; Bob Ruettimann; Keith Windschitl, Recreation Director; Lauren McClanahan, Public Works Superintendent; Jerry Foss (6:36 p.m.) Members absent: None Also present: Kevin McDonald, Volunteer Coach CONSENT AGENDA The following items were on the consent agenda. APPROVAL OF MINUTES Move to approve the minutes of the July 23, 1997 meeting. APPROVAL PAYMENT OF BILLS Move to approve payment of bills as listed from the proper funds. APPROVAL CONSENT AGENDA Motion by Evans, second by Peterson to approve the consent agenda. All ayes, motion carried. INTRODUCTION OF NEW RECREATION D~2LECTOR Chairman Dick Petkoff introduced the new Recreation Director, Keith Windschitl, to members. LETTERS AND REQUESTS Chairman Dick Petkoff advised members of a resignation memo received from Mark Winson, Public Works Director/City Engineer. CONCERN REGARDING BENCHES AT HUSET #3 FIELD Kevin McDonald, volunteer coach, voiced his concern over the placement of benches on Huset #3 baseball field. Members were given a drawing of the field showing the benches to be 33 feet from home plate. Mr. McDonald stated that benches at Columbia Heights High School are 70 feet ROLL CALL PAGE TWO from home plate, and he feels the benches at Huset #3 are too close to home plate. He has observed three accidents where youth were struck by balls, two in the chest and one in the neck. Apparently there is nothing in front of the bench to protect children from incoming balls. Several visiting teams have refused to sit on the benches for safety reasons. The Public Works Super/ntendent will schedule Huset #3 for repair, or restructuring next spring to alleviate the problem. OLD BUSINESS SECURITY SYSTEM QUOTES Members reviewed four quotes from four different security companies for installation of a security system at Murzyn HaIL Floyd Security has the lowest bid. Several of the bids listed different equipment, and members felt we need more information as to the quality of the equipment included in the bids. Members discussed the matter and directed the Recreation Director to have Capt. Len Olson review the bids and make a recommendation. The matter will then be presented to the City Council for a final decision. WINDOW BID FOR SENIOR CENTER Members were advised that one bid has been received from Harmon Glass on repairing the window in the senior center. Members directed the Recreation Director to obtain another bid from a local glass company before making a decision. Members stated perhaps a solid glass pane should be installed instead of a crank out type. NEW BUSINESS PROPOSAL FOR MURZYN HALL CATERING BY MERCIE & ASSOCIATES Joe Mercie of Mercie & Associates presented a proposal for his company to have exclusive catering rights at Murzyn Hall in exchange for a percentage of their profits for food and liquor. The City would receive 15% of food profits, and the Lion's Club would receive 20% of liquor sale profits. Mr. Mercie stated that they would handle food and beverages for large groups, and they would hold the liquor license for Murzyn Hall Mercie & Associates would make several upgrades to the kitchen, including convection ovens. Hall rental proceeds and the damage deposit would go to the City, and a food deposit would go to Mercie & Associates. Members indicated that they would like an opportunity to discuss the proposal further. The Recreation Director will advise Mr. Mercie on their decision at a later date. MURZYN HALL IMPROVEMENTS FOR MUNICI-PALS BANQUET Members reviewed a memo from Carole Blowers, Chair Person for the Munici-Pals Banquet, requesting cleaning and improvements to Murzyn Hall prior to the banquet scheduled for October 9, 1997. Members were dismayed that routine cleaning is not getting done and stated they would like to see a daily, weekly, and monthly cleaning schedule implemented. The Murzyn Hall PAGE THREE Management Plan has policies related to cleaning schedules, but they have never been entbrced. Members felt that staff should do inspections to insure that regular cleaning is being done. W,MDING POOLS EVALUATION Tom Schaefer and Bill Deneen from USAquatics explained the evaluation report submitted regarding the wading pools. Code issues were addressed in the proposal. They reported that the park shelters are in need of repa.ir. Mathaire Pool has sunk on the west end. The items that are mandatory to repair will cost approximately $190,250. They advised that a pool similar tO Huset wading pool would cost $200,000 to build. They recommend an automated system for chlorine regulation. Members will discuss the matter further, as will the City Council. PARK SHELTER SCHEDULING & PERMITS The Recreation Director reported that all the park shelters have been re-keyed because of recent vandalism. Members discussed the idea of requiring a damage deposit for any keys loaned out for park shelters. Motion by Evans, second by Ruettimann to implement a $100 key/security deposit with photo identification of the permit holder also required for use of park shelters/buildings. All ayes, motion carried. PARK PLAOUES Members discussed the possibility of placing plaques at each of the City parks that would explain the history of the parks and/or how they were named. The Public Works Superintendent stated that there is lumber on hand for a new sign at Ramsdell Park. Members discussed the possibility of placing a large stone with a metal plaque on it at each of the parks. A letter will be sent from Chairman Petkoff to the City Council regarding the matter. JPM CUSTODIAN SCHEDULING PROBLEMS The Recreation Director discussed custodian scheduling problems. He would like to have Murzyn Hall open until 10:00 p.m. on weekdays. At this time the head custodian leaves at 3:45 p.m., and Recreation staff leave at 4:45 p.m. Many times the building is locked from 4:45 p.m. until the first evening event. Members fek perhaps custodial work schedules could be adjusted to better accommodate our needs. The Recreation Director would like to replace the part time custodian position that is open to provide more coverage and reduce overtime. Members felt this was a top priority issue and directed the Recreation Director to make the necessary changes. REPORTS RECREATION DIRECTOR Members were advised on current recreation programs and C.H.A.S.E. Members discussed the possibility of having C.H.A.S.E. fund someone to help with the workload involved with this PAGE FOUR program. The Recreation Director feels that C.H.A.S.E. has helped the Recreation Department's relationship with the schools. PUBLIC WORKS DIRECTOR The Public Works Superintendent reported that crews have f'filed in a low swamp area at Ostrander Park with dirt obtained free of charge from the State of Minnesota. Crews have nearly completed assembly of the playground structure at Gauvitte Park and will begin work on the structure at Ostrander Park next. The new lawn mower is doing a super job. COMMISSION MEMBERS The Chairman requested that the Recreation Director call him with his plans on JPM scheduling and the hiring of an additional part time custodian. ADJOURNMENT Motion to adjourn by Evans, second by Peterson. All ayes, motion carried. Meeting adjourned at 8:10 p.m. Janice McGhee-Fetzer, Park and Recreation Commission Secretary