HomeMy WebLinkAboutMay 8, 2000 RegularCITY Of COLUMBIA HEIGHTS
ADMINISTRATION
May 5, 2000
Mayor
Gary L. Peterson
Coundlmembers
John Hunter
DonaM G. Jolly
Marlaine Szurek
Julienne Wyckoff
City Manager
Walt~r R. Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on
Monday, May 8, 2000 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia
Heights, Minnesota.
The City of Columbia Heights does not disemninate on the basis of disability in the admission or a~cess to, or ffeatment or employment in, its
services, programs, or aaivities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of
Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least
96 hours in advance. Please call the Deputy City Clerk at 706-3611.l to make :I.an'a~gements. (TDD/706-3692 for deaf or hearing impaired only)
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
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.)
CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the Consent
Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of
business.)
MOTION: Move to approve Consent Agenda items as follows:
1 ) Minutes for Approval
MOTION: Move to approve the minutes of the April 24, 2000, Regular Council Meeting
as presented.
2)
ResOlution requesting MSAS Construction Funds for Other Local Transportation Uses
MOTION: Move to waive the. reading of the Resolution, there being ample copies
available to the public.
MOTION: Move to approve and adopt Resolution # 2000-41 requesting Municipal State
Aid System construction funds for other local transportation uses.
3)
Authorization to Prepare Plans for Jackson Pond' Site Improvements
MOTION: Move to authorize staff to prepare plans for Jackson Pond site improvements:
Pond fencing and site landscaping with funding for the improvements to come from the
Storm Water Utility Fund.
4) Insurance Coverage from 05-09-2000 to 05-09-2001
MOTION: Move to authorize the Mayor and City Manager to enter into an agreement
with Youngdahl Companies to become our Agent of Record for the City' s insurance
package.
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
City Council Agenda
May 8, 2000
Page 2
s)
7)
8)
9)
1o)
11)
Transfer of Funds from General Fund to Police Department Contributions Fund #883
MOTION: Move to transfer $3,250.17, the total mount of money received from the State
of Minnesota, via Anoka County, from the General Fund to the Police Department 2000
budget under Fund #883 for our efforts in transporting inebriated individuals to detox.
This would be done to assist in covering the cost of unbudgeted items and the cost of
sending our Explorers to the National Conference in Atlanta, Georgia.
Approve Variance at 4252 Washinit0n- Case #2000-0510
MOTION/Move to approve the 17foot setb~k varia/Xc~ ~tt"~425'2 Washington Street NE
because tree location on the property creates a hardship.
Authorization to retain Buetow and Associates for initial plans for development of 4101
Central Avenue NE.
MOTION: Move to authorize the Mayor and City Manager to enter into a contract with
Buetow and Associates for the purpose of preparing the initial concept plans for the
development of 4101 Central Avenue NE.
Authorize Purchase of Kromer Ballfield Machine
MOTION: Move to authorize the purchase of the Kromer ballfield machine at a total cost
of $7,201.20 including tax, with the recreation's portion being paid from account 881-
45001 in the mount of $5,719.75, and the public works .portion from account 101-45200
in the mount of $1,481.51.
Reqjaest authorization to award bid for 2000 Jamboree Fireworks
MOTION: Move to award the bid for the 2000 fireworks display scheduled for Saturday,
June 24, 2000 to Melrose Pyrotechnics for a $6,000 fireworks display with $3,000
appropriated from Fund 101-45050-4378.
Establish Hearing Dates Re: License Revocation or Suspension of Rental Properties at 981
43 ~4 Av~n~e,NF.. and 1236-1238 Circ, le.~.:
MOTION: Move to establish a Hearing Date of June 12, 2000, for Revocation or
Suspension era License to Operate a Rental Property within the City of Columbia Heights
against Mohammed Khan at 981 43 ~ Avenue NE.
MOTION: Move to Establish a Hearing Date of June 12, 2000, for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia Heights
against Gerald Janson at 1236-1238 Circle Terrace.
Close the Hearing for Rental License Revocation at 4616 Tyler Street
MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of
the Rental License Held by Syed Raza Regarding Rental Property at 4616 Tyler SWeet in
that the Property is in Compliance with the Housing Maintenance Code.
City Council Agenda
May 8, 2000
Page 3
12)
Renewal of Class B Gambling License for Immaculate Conception Church for activities
held at the Church
MOTION: Move to direct Me City Manager to forward a letter to the State Charitable
Gambling Control Board stating that the City of Columbia Heights has no objection to the
renewal of a Class B charitable gambling license for the Church of Immaculate
Conception, 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City
Council hereby waives the remainder of the sixty-day notice to the local governing body.
13) Premi~ Permit Renewal Application.for lmm~ulato Conoeption~Church at The Star Bar
and Grill
MOTION: Move to direct the City Manager to forward a letter to the State Charitable
Gambling Control Board stating that the City of Columbia Heights has no objection to the
issuance of a Class B premise permit for the Church of the Immaculate Conception in
conjunction with activities at The Star Bar and Grill, 4005 Central Avenue NE, Columbia
Heights, Minnesota; and furthermore, that the City Council hereby waives the remainder
of the sixty-day notice to the local governing body.
14)
Premise Permit Renewal/Application for Immaculate Conception Church at Mady's
Bowlina Center
MOTION: Move to direct the City Manager to forward a letter to the State Charitable
Gambling Control Board stating that the City of Columbia Heights has no objection to the
renewal of a Class B premise permit for the Church of'hunaculate Conception in
conjunction with activities at Mady's Bowling Center, 3919 CenWal Avenue NE,
Columbia Heights; and furthermore, that the City Council hereby waives the remainder of
the sixty-day notice to the local governing body.
Approve License Applications
MOTION: Move to approve the items as listed on the business license agenda for May 8,
2000.
16)
Payment of Bills
MOTION: Move to pay the bills as listed out of proper funds.
5. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS
Proclamations
1. Athletic Booster Club Week - Jerry Foss, President CHAB, Jack Bartlett, CHAB
B. Presentations
C. Introduction of New Employees
Recognition
1. Promotion of Corporal Ted Fischer
City Council Agenda
May 8, 2000
Page 4
GueStS
1. Representative Chaudhary - Legislative Update
PUBLIC HEARINGS
Public Hearing for Revocation/Suspension of Rental Housing License at 1407-1409 Circle
Terrace Boulevard NE
MOTION:. Move ~loSe,.the public honring and to waive~the reading of Resolution No. 2000-42,
there being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2000-42, a Resolution of the City Council of Columbia
Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(01) of the Rental
License held by Susan Loewenthal regarding rental property at 1407-1409 Circle Terrace
Boulevard NE.
ITEMS FOR CONSIDERATION
A. Other 0r~nances and Resolutions
Bid Considerations
1. Replacement of Unit #24 GMC Dump Truck. Plow and Sander
MOTION: Move to purchase from the State of Minnesota Cooperative Purchasing
Contract one (1)L8500 Sterling (Ford), single axle chassis from Boyer Trucks of Rogers,
Minnesota, in the amount of $54,883.00 plus sales tax. Snow plow truck equipment,
dump box, front plow, wing plow, underbody plow and sander from I-Craft Inc. of
Kimball, Minnesota, in the amount of $41,243.00 plus sales tax and delivery. The total
amount of the purchase is $96,126.00 plus sales tax and delivery will be made with funds
from Capital Equipment Fund 431-32121-5150. Truck #24 and plow truck equipment will
be disposed of at the Hennepin County Auction.
Replacement ofUuit #3SA. Thennolay Chassis MORnted Pothole Patcher
MOTION: Move to purchase from the State of Mirmesota Cooperative Purchasing
Contract: (1) new chassis mounted HD Industries Model TCM415-160 Patch Box, from
Ruffridge-Johnson Equipment Co., Inc. of Minneapolis, Minnesota in the amount of
$37,129.00 plus sales tax and delivery, with funds from Capital Equipment Fund 431-
43121-5180. The existing unit will be disposed of at the Hennepin County Auction.
C. Other Business
Approve Variance at 819 49th Avenue NE. Cast #2000.0511
MOTION: Move to approve the three foot height variance and the 824 square foot
variance at 819 49th Avenue NE because topography of the property creates a hardship and
the proposal is consistent with the spirit and intent of the Columbia Heights Zoning
Ordinance.
City Council Agenda
May 8, 2000
Page 5
10.
11.
Resolution to adopt final plans for TH 47 Sound Wail Plan Revisions
MOTION: Move to waive the reading of the Resolution, there being ample copies
available to the public.
MOTION: Move to adopt Resolution #2000-05 approving the finai plans for the
instailation of a sound wail on the west side of TH 47, Univenity Avenue, from 45th to
44~ Avenues.
App~ve Appointment of Business Representative to Joint community Task Force
MOTION: Move to appoint , as the Business Community
Representative for Columbia Heights on the Joint Community Task Force.
ADMINISTRATIVE REPORTS
A. Report of the City Manager
B. Report of the City Attomey
GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
1) Meeting of the April 20, 2000, Teleeommunications Commission
2) Meeting of the April 26, 2000, Park and Recreation Commission
3) Meeting of the May 2, 2000, Planning and Zoning Commission
4) Meeting of the May 1, 2000, Traffic Commission
CITIZENS FORUM
(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.)
Waiter Fehst, City Manager
WF/pm
MINUTES FOR THE REGULAR MEETING
OF THE CITY COUNCIL
OF THE CITY OF COLUMBIA HEIGHTS
MONDAY, APRIL 24, 2000 7 P.M.
CITY COUNCIL CHAMBERS, CITY HALL, 590 40TM AVENUE
Due to technical difficulties the meeting began at 7:07 p.m.
CALL TO ORDER/ROLL CALL
Present: Councilmember Szurek, Jolly, Wyckoff, Hunter, Mayor Peterson
2. PLEDGE OF ALLEGIANCE
,
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.)
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 bnsiness.)
A,
MOTION by Szurek, second by Jolly, to approve Consent Agenda items as follows:
1) Minutes for Approval
MOTION: Move to approve the minutes of the April 10, 2000, Regular Council Meeting
as presented.
2) Establish Work Session meeting dates for May of 2000.
MOTION: Move to establish Work Session meeting dates of Monday, May 1, 2000 at
8:00 p.m. and Monday, May 15, 2000 at 7:00 p.m.
Fehst stated the work session scheduled for 8:00 p.m. could be changed back to the regular time of 7:00 p.m. as
the liaison to the Traffic Commission will be out of town.
3)
Approve Revision to Salary Range for Planner
MOTION: Move to approve the revised 2000 monthly salary range for the position of
Planner, effective May 15, 2000, as follows: entry $3,049; six month, $3,153; one year,
$3,257; two years, $3,361; three years, $3,465.
4) Authorize Request from Columbia Heights High School to assist in Staged Re-enactment
MOTION: Move to approve the Police and Fire Department assist to the High School with
a staged re-enactment of a fatal car accident involving an intoxicated driver and multiple
injuries to other passengers on May 5, 2000, between the hours of 8:00 a.m. and 11:00
a.m. This re-enactment is to be located at 49th Avenue and Fillmore Street N.E., which
would require blocking this street from 8:00 a.m. to 11:00 a.m. between 49'h Avenue and
Lincoln Street on Fillmore.
Fehst indicated High School Student Council members were at the last work session requesting assistance of the
Police and Fire Department to stage a re-enactment of a drunk driver accident. This is intended to be an
educational tool for students.
5)
Approve Permits for 2000 Jamboree
MOTION: Move to authorize staff to close Jefferson Street from Monday afternoon, June
19, 2000 through Sunday, June 25, 2000.
City Council Agenda
April 24, 2000
Page 2
MOTION: Move to authorize the Police Department to issue a parade permit for the
Jamboree Parade to be held on Friday, june 23, 2000, at 6:30 P.M. for the following
streets: Central Avenue at 45th Avenue to 40m Avenue, west on 40th Avenue to 5th Street,
and 5th Street to Mill Street.
6)
Adopt Resolution #2000-38, being a Resolution to Award the 2000 Street Crack Sealing
and Parking Lot Joint and Crack Sealing
MOTION: Move to waive the reading of Resolution #2000-38, there being ample copies
available to the public.
MOTION: Move to approve and adopt Resolution No. 2000-38, accepting bids and award
the 2000 Street Crack Sealing and Parking Lot Joint and Crack Sealing, Project #0001 (A),
to Northwest Asphalt Maintenance, Inc. of Goodridge, Minnesota, based upon their low,
qualified, responsible bid in the amount of $19,404.00 to be appropriated from Fund 415-
50001-5130; and furthermore, to authorize the Mayor and City Manager to enter into an
agreement for the same.
RESOLUTION NO. 2000-38
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR
CRACK SEALING PROJECT, #0001(A)
TO NORTHWEST ASPHALT MAINTENANCE, INC.
WHEREAS, pursuant to an advertisement for bids for 2000 Crack Sealing Pwject #0001 (A) bids were received,
opened and tabulated according to law. The following bids were received complying with the advertisement:
Bidder
Northwest Asphalt Maintenance Inc.
Astech Corp.
Din Asphalt Maintenance
Bergman Companies Inc.
Bargen, Inc.
BaseBid
$19,404
$20,790
$21,483
$21,945
$25,872
WHEREAS, it appears that Northwest Asphalt Maintenance, Inc. of Goodridge, Minnesota, is the lowest
responsible bidder.
NOW THEREFORE BE IT RESOLVED BY TIlE CITY COUNCIL OF COLUMBIA HEIGHTS,
MINNESOTA:
The Mayor and Clerk are hereby authorized and directed to enter into a contract with Northwest Asphalt
Maintenance, Inc. in the name of the City of Columbia Heights for 2000 Crack Sealing Project #0001 (A),
according to plans and specifications therefore approved by the Council.
,
The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made
with their bids except the deposit of the successrid bidder and the next lower bidder shall be retained until
City Council Agenda
April 24, 2000
Page 3
the contract has been signed.
3. City Project #0001(A) shall be funded with approximately 100% City funds.
Dated this 24th day of April, 2000.
Offered by: Szurek
Seconded by: Jolly
Roll Call: All ayes
Valricia Muscovitz, Deputy City Clerk
CITY OF COLUMBIA HEIGHTS
Gary Peterson, Mayor
7)
Authorization to seek bids for one (1) Chassis Mounted Pothole Patcher
MOTION: Move to authorize staff to seek bids for one (1) new Chassis Mounted Pothole
Pateher.
8)
Authorization to seek bids for a Dump Truck, Plow, and Spinner Sander
MOTION: Move to authorize staff to seek bids for a dump truck, plow and spinner
sander.
9)
Supplemental Agreement and Addendure with Mn/DOT for Central Avenue Signal
MOTION: Move to approve Supplemental Agreement #1 to the Cooperative Agreement
CP 9505 in the mount of $59,619.40 to Egan-McKay EleCtrical and $42,975.75 to the
State of Mirmesota Department of Transportation with funding appropriated from Mn/Dot
and City State-Aid Funds.
MOTION: Move to approve Addendure #3 to BRW in the mount of $18,000.00 for
Professional Services for the Central Avenue Traffic Signal Revisions, City Project 1995-
05 phases I & II.
.10)
Establish Hearing Dates regarding License Revocation or Suspension of Rental Properties
at 1407-1409 Circle Terrace and4616 Tyler Street NE.
MOTION: Move to establish a Heating Date of May 8, 2000, for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia Heights
against Susan Loewenthal at 1407-1409 Circle Terrace.
MOTION: Move to Establish a Hearing Date of May 8, 2000, for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia Heights
against Syed Raza at 4616 Tyler Street NE.
11)
Close the Public Hearing regarding License Revocation or Suspension of Rental Property
at 500 40th Avenue
MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of
the Rental License held by A. C. Milan L.L.C. regarding rental property at 500 - 40m
Avenue in that the property is in compliance with the Housing Maintenance Code.
City Council Agenda
April 24, 2000
Page 4
12)
Close the Public Hearing regarding License Revocation or Suspension of Rental Property
at 4607 Pierce Street
MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of
the Rental License held by Marilyn Dalseth regarding rental property at 4607 Pierce Street
in that the property is in compliance with the Housing Maintenance Code.
14)
Approve License Applications
MOTION: Move to approve the items as listed on the business license agenda for April
24, 2000, contingent upon approval of all City and County Departments.
Payment of Bills .....
MOTION: Move to pay the bills as listed out of proper funds.
Hunter asked if the public is invited to the drunk driving accident re-enactment. Chief Johnson stated the public
was welcome to attend on May 5th from 8:00 tol l :O0 a.m.
All ayes. Motion carried.
PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS
A. Proclamations
1. Arbor Day Proclamation
Peterson read the Arbor Day Proclamation. Keyin Hanson, Public Works Director, stated he was pleased to
accept this, and is proud of the tree management program we have in Columbia Heights. A tree planting
ceremony is planned at Sullivan Park, with Boy Scout Pack ~66, April 29th, at 10:00 a.m. He invited the City
Council to attend. Wyckoff questioned the Tree City USA award. Hanson stated Columbia Heights was awarded
the Tree City USA award for the 8th year in a row. To quali.~, we actively trim boulevard trees, replace
boulevard trees, maintain our urban forest, and have a tree planting contract each year.
B. Presentations
C. Introduction of New Employees
1. Michael Kahnke - Police Officer
Johnson introduced the newest Police Officer, Michael Kahnke. He listed Kahnke's qualifications. Johnson
swore him in, and the Mayor congratulated him. Officer Kahnke thanked everyone for this opportunity and stated
he is looking forward to meeting members of the community. Johnson introduced Officer Kahnke's family.
D. Recognition
1. Recognition of Heights Theater and acceptance of donation - Becky Loader & Barb Miller
Peterson stated the City Council has started to recognize businesses who have made improvements or done
something special to benefit our City. He read the letter recognizing the Heights Theater for donating $2.00 from
each ticket sold during their screening of the silent version of Peter Pan to the Columbia Heights Library.
Dave Holmgren - Barb Miller and Becky Loader. Mayor Peterson, along with Barb Miller, Library Board, and
Becky Loader, Library Director, presented Dave Holmgren with a Certificate of Appreciation from the City of
Columbia Heights. Dave Holmgren stated he and his partner, Thomas Letness, were honored by this recognition
City Council Agenda
April 24, 2000
Page 5
and to be pan of Columbia Heights. He stated that in the future, with the introduction of their pipe organ, the
theater would receive world wide recognition; along with changes to the Dairy Queen, which is being featured in
a large photo spread to show for future developments in historiO areas. Barb Miller stated the Library Board is
very pleased to receive this money which will be spent on children's programs. She thanked the theater owners
for what they are doing for the kids and for the City of Columbia Heights. Becky Loader stated that when Dave
came to the library and wanted to donate money she was shocked, and he stated there may be more ways they can
give money to the library. Peterson thanked Loader for her outstanding work as the Library Director and
thanked Barb Miller for her work on the Library Board, as she always goes the extra mile for the Library.
2. Recognition of Promotion for Corporal Ted Fischer - not present
3. County,Recycling Award presented by Jean Kuehn
Jean Kuehn, Special Projects Coordinator, presented the Council with an Award received from the Anoka County
Commissioners for recycling efforts in 1999, resulting in 1,825 tons of material. Columbia Heights far surpassed
their goal. She stated Columbia Heights is only one of 6 cities in, this county who has consistently achieved their
goal for the last 11 years. Peterson stated his appreciation of Jean Kuehn ~ work and thanked the community for
their recycling efforts.
6. PUBLIC HEARINGS
A. Public Hearing for Revocation/Suspension of Rental Housing License at 966 44-1/2 Avenue
Peterson closed the public hearing as the property at 966 44 ~ Avenue has been brought into compliance.
7. ITEMS FOR CONSIDERATION .
A. Other Ordinances and Resolutions
1. Adopt Resolution #2000-40, being a Resolution authorizing Eminent Domain of the
property located at 4101 Central Avenue NE.
Jim Hoefi, City Attorney, stated this resolution is the formalization of the action requested by City Council at
their last meeting to authorize Eminent Domain proceedings for 41 O1 Central Avenue.
MOTION by Szurek, second by Hunter, to waive the reading of Resolution #2000-40,
there being ample copies available to the public. All ayes. Motion carried.
MOTION by Szurek, second by Hunter, to adopt Resolution #2000-40, being a
Resolution authorizing Eminent Domain of the property 4101 Central Avenue NE.
Upon roll call vote: Szurek, yes; Jolly, no; Wykoff, yes; Hunter, yes; Peterson, yes.
Motion carried.
Hoe~ spoke of his conversation with the FMF attorney regarding the purchase of 4101 Central to avoid eminent
domain proceedings. He asked that Council members speak to the City Manager to develop a response offer.
RESOLUTION NO. 200040
BEING A RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE
ACQUISITION OF CERTAIN PROPERTY
BY PROCEEDINGS IN EMINENT DOMAIN
City Council Agenda
April 24, 2000
Page 6
WHEREAS, the City Council has heretofore determined that the City of Columbia Heights should move forward
in implementing its downtown redevelopment plan;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,
MINNESOTA, AS FOLLOWS:
Acquisition by the City of the following described property is necessary for the purpose of
downtown redevelopment:
Parcel 1:
Lots 27, 28, 29, 30, and west ~ of LOt 31 (except south 5 feet of Lots 29 and 30 for
streetpurposes) (ex:'North 120 feet of west'~ of Lot 31), Block 4, Reservoir Hills,
Anoka County, MN
Parcel 2: South 20 feet of Lot 26, Block 4, Reservoir Hills, Anoka County, MN
'5.
Adopted by the
The City Attomey is authorized and directed on behalf of the City to acquire the real estate above
described by the exercise of the power of eminent domain pursuant to Minnesota Statutes,
Chapter 117. The City Attorney is further authorized to take all actions necessary and desirable to
carry out the purposes of this resolution.
City Council this 24m day of April, 2000.
Offered by:
Seconded by:
Roll Call:
Szurek
Hunter
Aye - Szurek, Wyckoff, Hunter, Peterson
Nay- Jolly
CITY OF COLUMBIA HEIGHTS
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
B. Bid Considerations
C. Other Business
1. Approval of Competitive Franchising Policies and Procedures for Cable.
Fehst indicated Steve Guzzetta, .4ttorney for the cable company, was present to answer questions. Fehst
recommended adopting these policies and procedures regarding competitive cable franchises. State law set
minimum policies in the early 80's. The current process is antiquated and this is an attempted to bring the
process more up to date. The City has been contacted by an interested company named, Wide Open West.
Wyckoff stated this wouM be the first time there would be competition to MediaOne. Guzzetta indicated they
would be more than cable service, such as phone service and Internet access. Guzzetta stated they pledged to
carry our government channd and PEG access. It is not a satellite system. Guzzetta indicated they are
proposing a 350 channd capacity. Guzzetta indicated they would pay a five percent franchise fee. Szurek
City Council Agenda
April 24, 2000
Page 7
questioned how the duplication of providers would worlc Guzzetta indicated this may require another box in the
yard, or other options we will not know about until they apply.
MOTION by Wyckoff, second by Szurek, to adopt the Policies and Procedures
Governing Application, Review, and Recommendations Regarding Grant of Competitive
Cable Franchises dated April 12, 2000. All ayes. Motion carried.
2. Approval to Publish Notice of Intent to Franchise
Cruzzetta this is also a function of the previous item. Local franchises must solicit for applications to comply with
state law. There is another company showing interest, called Everest Connections. Fehst stated that in the
beginning it was thought there would be no economic advantage to having more than one company, but with the
advancements in technology, this is feasible. Fehst,questioned the cost to wire a city for these services. Cruzzetta
estimated it would be in the tens of millions of dollars. Companies are counting on Internet access to make this a
viable business. It is estimated the City could possibly support three providers. Jolly questioned if fees will be
comparable. Guzzetta indicated they would include a rate sheet with their application, and felt they would not be
the lowest in price, but provide greater services. They have already given presentations to various cities. We
need to begin the process by publishing the Notice of Intent to Franchise. They will submit an applicaaon forjust
the City of Columbia Heights, independent of any other community.
Jolly questioned if they are telling us the same thing as other cities, if joining with other cities would be an
advantage, and if the League of M1V Cities has looked at this? Guzzetta statexl that the legal firm that handles this
does so for 50- 60 communities. Feltst stated we could always use better local access studios, which could be
part of the negotiation process. Guzzetta indicated it is harder to assess the value in PEG support here, and
would take longer to draft the document. He was not sure of any major benefits to be gained in joining with other
communities. In the northern metro area they have combined cities, which allows them to have nice studios and
they get information from their surrounding communities. Fehst referred to a report that indicated more than
50% of residents watch local programing at some point during the weelc Guzzetta stated this may be something
to look at which may be a great value to a community of this size. Guzzetta reviewed the background and
affiliates of Wide Open West.
MOTION by Wyckoff, second by Szurck, to publish the attached Notice of Intent to
Franchise, soliciting applications from qualified entities that are interested in constructing
a cable system and providing cable service within. the territorial limits of the City. All
ayes. Motion carried.
3. Metricom Agreement
Guzzetta referred to the Metricom agreement, stating there are a few corrections necessary. Negotiations are
continuing. Metricom has agreed to these changes only for the City of Minneapolis. Guzzetta recommended the
City Council use this same agreement, as he felt Metricom should give us the same considerations as
Minneapolis.
Hunter stated they shouM be required to have a performance bond. Guzzetta indicated this is not covered under
the Minneapolis agreement, but he feels it is necessary. Guzzetta indicated that a couple of other communities
have gone with slightly different agreements. Fehst stated that Metricom originally stated that City approval is
not required, but they would offer a one percent fee. Metricom stated to Guzzetta that we must take the original
agreement or they will not come into the community. Fehst felt we should stay with the revised agreement.
Guzzetta is also suggesting to other communities he represents to stick with the revised agreement, so as to create
a service hole if they don't agree. Szurek asked if this model agreement is the same as Minneapolis 's. Guzzetta
City Council Agenda
April 24, 2000
Page 8
stated it was.
MOTION by Szurek, seconded by Wyckoff, to authorize the Mayor and City Manager to
enter into a Right-of-Way Permit and Facility Use Agreement with Metricore, subject to
inclusion of the provision as outlined in the model agreement prepared by Berniek and
Lifson. All ayes. Motion carried.
ADMINISTRATIVE REPORTS
A. Report of the City Manager
Fehst indicated today ~ release from the Minnesota Housing Finance Agency Housing Assist Program of funds
for the 2000 First Time Home Buyers Program, with an interest rate of 6. 65%;~nds being available until
October 20, 2000. Columbia Heights previously applied individually, but this year was combined with Anoka
County who has been allotted $3,348,021. Applications are taken on a first come -first serve basis. This is a
wonderful program for existing homes under $149, 485 and new homes under $134, 257. Jean Kuehn was asked
to post this information on cable television.
B. Report of the City Attomey
GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
1) Meeting of the March 21, 2000 Housing & Redevelopment Authority
2) Meeting of the April 4, 2000 Library Board of Trustees
3) Meeting of the April 4, 2000 Planning & Zoning Commission
4) Meeting of the March 21, 2000 Economic Development Authority
10.
CITIZENS FORUM
(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.)
Wyckoff reported that today Ken Anderson and she spoke to Metro Transit regarding route changes which will be
effective September, 2000. She stated Bus #801 will run every hour to either Rosedale or Brookdale. Anderson
indicated they were very receptive to Columbia Heights and pleased with our cooperation. The full Metro Council
will vote on this May 3. Peterson thanked Julie Wyckoff and Ken Anderson for their efforts.
l~'yckoff stated that the April 23'~, edition of the Star Tribune entertainment section there was an article on the
Balkan Express Coffee Shop. She was pleased, as this helps to show there is so much happening for the positive
on Central Avenue.
Dick Dustin, 1708 39th Avenue, stated there is a very large temporary sign at the smoke shop in the Little Chief
shopping center. Fehst indicated businesses are allowed three permits per year, for an eleven-day period. The
periods can run consecutively or separately. December is a 'free" month for Christmas promotions. Anderson
will follow up on this tomorrow. Dustin was concerned that it is a very large sign.
Dustin expressed his concern with the appearance of the new building on 40~ Avenue, next to Merit Siding, that is
a pole barn type building. He requested someone talk to them to see if they couldput vinyl on the front of the
building and possibly a fascia to improve this building. He also suggested changing the ordinance for 40th and
City Council Agenda
April 24, 2000
Page 9
Central Avenues, addressing pole barn type buildings, as they don't blend in.
Dustin asked if they were required to pave the back of the lot? Anderson stated they are required to hard surface
their parking area, but there is a 15-foot parcel adjacent to this and he is trying to get the adjacent owners to
contn'bute toward paving this small parcel This wouM be a civil matter as it is not a platted right-of-way. Hoe~
stated that if the area is not paved, it cannot be used for driving or parking purposes, and wouM be considered a
landscaped area.
Hoe~ indicated this building is consistent with the existing code. Hunter agreed that a friendly approach in
talking to them would be the best. Dustin suggested they side the building at least down to the fence line, and add
a fascia to the roof. Peterson suggested a letter pom the City Council with their signatures, to address these
concerns.: Peterson felt pole barn buildings should only be allowed in the industrial area.
11. ADJOURNMENT
MOTION by Wyckoff, second by Szurek, to adjourn the meeting at 8:25 p.m. All ayes. Motion
carried.
Patricia Muscovitz, Deputy City Clerk
CITY COUNCIL LETTER
Meeting of:
5/8/OO
AGENDA SECTION: CONSENT AGENDA
~
ITEM: RESOLUTION REQUESTING MSAS
CONSTRUCTION FUNDS FOR OTHER LOCAL
TRANSPORTATION USES
ORIGINATING DEPARTMENT:
PUBLIC WORKS
BY: K. HansenW
DATE: 5/8/00
CITY MANAGER
Back~'ound:
As previously discussed in 1999 with the Council, the Commissioner of Transportation declared the City's MSA System complete.
This allows the City to utilize the population apportionment of the annual construction allotment for local street construction.
These funds are intended to supplement the infiastructure fund for the annual Street Rehabilitation Program and will not effect the
existing City State Aid construction balance.
Analysis/Conclusions:
The attached resolution is required to obtain MSAS funds to supplement the infrastructure fund for the Zone 4 construction
projects.
Recommended Motion: Move to waive the reading of the Resolution, there being ample copies available to the public.
Recommended Motion: Move to approve and adopt Resolution #2000-41 requesting Municipal State Aid System construction
funds for other local transportation uses.
Attachment: Resolution
COUNCIL ACTION:
RESOLUTION #2000-41
BEING A RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM
CONSTRUCTION FUNDS FOR OTHER LOCAL TRANSPORTATION USES
WHEREAS, the City of Columbia Heights receives Municipal State Aid System (MSAS) funds for construction and maintaining
20°,~ of its City streets, and
WHEREAS, 11.65 MSAS miles are currently authorized, and
WHEREAS, 11.65 MSAS streets have been built or resurfaced since 1964, and
WHEREAS, the City currently has 47.08 municipal streets that require maintenance and upgrade, and
WHEREAS, the majority of these streets have insufficient strength and poor surface drainage, and
WHEREAS, it is proposed to systematically install or repair concrete curb and gutters for improved surface water drainage and
additional strength to the streets for traffic survivability, and
WH!~REAS, the City State Aid routes are improved to State Aid standards and are in an adequate condition that they do not have
needs other than additional resurfacing, and
WHEREAS, it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of our City's State Aid
allocation on local streets not on the approved State Aid system, and
WHEREAS, the City proposes to rehabilitate the City-owned underground utilities as needed and rebuild the street in the process,
and
WIIIP~REAS, it is proposed to use a portion of the City's population allocation funds to upgrade the local street, to wit: Monroe
Street (49m Ave to 51g Ave), Jackson Street (49th Avenue to 51= Ave), 49 ~ Avenue, 50m Avenue (University Ave Service Dr to
Washington St and Monroe St to Central Ave), 50 ¼ Avenue, and 51= Avenue (5m St to 6~ St), combined with other construction
on 49m Avenue (Monroe St to Jackson St ) and 51't Avenue ( Jackson St to Central Ave ), and
WHEREAS, the City indemnifies save and holds harmless the State of Minnesota and its agents and employees from claims,
demands, actions, or causes of action arising out of or by reason or matter related to constructing the local street as designed, and
WltEREAS, the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and
WHEREAS, the final approval of the State Aid for Local Transportation Division is therefore given,
NOW Tlff~REFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that:
the City of Columbia Heights, Anoka County Minnesota, requests the release of MSAS construction funds for the upgrade and
recons~uction of City municipal streets, to wit: Monroe Street (49~ Ave to 51 m Ave), Jackson Street (49~ Avenue to 51 m Ave), 49
~ Avenue, 50~ Avenue (University Ave Service Dr to Washington St and Monroe St to Central Ave), 50 ~ Avenue, and 51"t
Avenue (S~ St to 6~ St).
Dated this 8m day of May, 2000.
Offered by: CITY OF COLUMBIA HEIGHTS
Seconded by:
Roll Call: BY
Mayor
Patricia Muscovitz, Deputy City Clerk
CITY COUNCIL LETTER
Meeting oE
5/8/2000
AGENDA SECTION: CONSENT AGENDA
~O: ~ - A' 3
ITEM: AUTHORIZATION TO PREPARE PLANS FOR
JACKSON POND SITE IMPROVEMENTS
ORIGINATING DEPARTMENT:
PUBLIC WORKS
CITY MANAGER
Background: The fencing around the Jackson Storm Water Holding Pond was identified for replacement in the year 2002
Capital lrnnr. ovement Plan (CIP) with general landscaping. City staff and the Counc~ have received repeated phone calls
from abutting property owners complaining about the current condition of the fence along with screening of the pond and
strip mall property to the east. An existing conditions map is attached for reference.
Analysis/Conclusions: The CI? acts as guide for our project and resource planning. Individual projects can be moved up or
down in the plan dependent on need and direction of the City Council. The Jackson Pond Fencing/Landscaping had a
planned budget of $18,000 for fence replacement and $7,000 for general landscaping. Barb wire exists on the top of the
fence and it would be staff's recommendation to not replace it with new fencing. New 6 foot chain link fencing typically
costs about $12-15 per foot, installed. Aesthetic improvements, such as plastic coated colored fence will run in the $24-28
per foot range. The fencing on the north side along 44~ Avenue could also be moved south placing it closer to top slope of
the pond and creating more green space. Realistically, the existing layout provides only the north and south ends for any type
of concentrated landscaping, including additional lrees. The inside slopes could be planted with particular types of ground
cover or shrubs that will grow on steep slopes, such as sumac or dogwood. Maintenance of any type of planting on steep
slopes needs to be a consideration. Staff researched and did not discover any type of formal agreement with the strip mall to
the east for screening of the property. The former property manager did send the City a letter in 1990 stating that they
would maintain screening panels on the city fence.
Recommended Motion: Move to authorize staff to prepare plans for Jackson Pond site improvements: Pond fencing and
site landscaping with improvement costs to be funded by the Storm Water Utility Fund.
Attachments: Existing conditions map
COUNCIL ACTION:
CITY COUNCIL LETTER
AGENDA SECTION: CONSENT
NO:
H-A-q
ITEM: INSURANCE COVERAGE FROM
05/09/2000 to 05/09/2001
NO:
Meeting of: May 8, 2000
ORIGINATING DEPT: CITY MANAGER
FINANCE APPR .VAL
ELRITE BY:
BY: WILLIAM ~,~/~ATE..7;~
DATE: 04/25/2000
In April of 1998 the City Council approved entering into a three year insurance policy with St. Paul
Companies at an annual premium of $174,992. Under that three- year agreement, St. Paul Companies would
not increase our premium if our loss ratio remained at 50% or less. May 9, 2000 starts the third year of that
agreement. At the present time we are not anticipating that our loss ratio will exceed the 50% or that we will
have a premium increase. However, St. Paul Companies has not completed their calculations for losses and
premiums to date. They are working on this calculation and the information should be available prior to
May 8~.
In addition to the above, the City has had our insurance coverage through American Agency for several
years. Our agent, Dave Seppelt, retired two years ago. With his retirement, the service wc have received
from American Agency has declined. Due to this decline in service, staff has reviewed other agencies that
provide insurance to municipalities. A leader in this area is Youngdahl Companies. This company presently
provides municipal insurance coverage to approximately 20 cities and has been in the municipal market for
many years. They come highly recommended and should do an excellent job in serving as Agent of Record
for the City's insurance package. Staff will be available at the council meeting to review our insurance
coverage and discuss the recommended change in insurance agencies.
RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement
with Youngdahl Companies to become our Agent of Record for the City' s insurance package.
'~rE:sms
0005021COUNCIL
COUNCIL ACTION:
CITY COUNCIL LETTER
AGENDA SECTION: Consent
NO.
ORIGINATING DEPARTMENT
POLICE
ITEM: Transfer of Funds from General Fund to
NO. Police Department Contributions Fund #883
DATE:
BACKGROUND
Meetinl of Ma),8, 2000
CITY MANAGER
APPROVAL:
During 1999 the Police Department took part in the county wide transport program where we would transport
prisoners from any of the five agencies that take part in this program. This was done to keep officers on the
streets and not tied up with prisoner transports. Also, as part of this program, we will transport people who are
found to be inebriated from any city in the county to detox. In retum for this, the five agencies that take part in
this program split the funds given to the county for this transport by the State of Minnesota. This year our share
of the State funds is $3,250.17.
ANALYSIS/CONCLUSION
Since the overtime used to do these transports is paid by our State overtime grant, the Police Department would
like to see these ~mds placed in our Contribution Fund #883. This will assist us in purchasing unbudgeted items
we sometimes need during the year and will help us to pay the cost of sending our Explorers to their National
Conference in Atlanta, Georgia.
RECOMMENDED MOTION: Move to transfer $3,250.17, the total mount of money received from the State
of Minnesota via Anoka County from the General Fund to the Police Department 2000 budget under Fund #883
for our efforts in transporting inebriated individuals to detox. This would be done to assist in covering the cost
of unbudgeted items and the cost of sending our Explorers to the National Conference in Atlanta, Georgia.
TMJ:mld
00-125
COUNCIL ACTION:
CHSS~COUNTY
ANOKA COUNTY
THIS CHECK iS VOID3
THREE THOUSANOI TNO-HUNDREO F]:I:TY.:OOLLARS AND :].7
PAY TO THE ORDER OF: ' ,, ,:. ~ !
COLUIqB[A 'kEI'~SPOL ICE DEPT
COLUMBIA HE[mS,' .... IRN,..55421~388Z
CHECK NO. B713340
DATE 3/31/2000
910
HONTHS FROIq DATE OF ISSUE
CENTS
AMOUNT
$~ ~ ~ 39250 · 17
"'? ~.~,hO." e:Oct i~0000 E E:'- Lq, RSa:t EO &8Oct""
COUNTY OF ANOKA
3/31/Z000
RE!qITT~NCE ADVICE
CHSS~OUNTY
CHECK NO.
INVOICE NUMBER RECEIVE DATE
DESCRIPTION
3/2312000
OETOX TRANSPORTATION
CLIENT NAME
OATE OF SERVICE
7/01/1998; 6/30/1999
B713340
B 713340
AMOUNT
3f250,17
eee TOTAL
RETAIN THIS STATEMENT FOR YOUR RECORDS
COUNTY OF ANOKA, MINNESOTA
39250·:L7
AGENDA SECTION: Consent
CITY COUNCIL LETTER
Meeting of: May 8, 2000
ITEM: Variance
NO: Case # 2000-0510, 4252 Washington St.
Issue Statement:
This is a request for a 17 foot rear yard setback variance to allow the construction of a 528 square
foot garage 3 feet from the rear property line at 4252 Washington Street NE.
Background:
Section 9.104(5) of the Columbia Heights Zoning Ordinance requires that the distance between
the vehicle entry door and the lot line shall be 20 feet or more whenever a garage is designed so
that the vehicle entry door is facing a street or alley.
Analysis:
Section 9.105(3)(d) of the Zoning Ordinance states the following: "In recommending a variance,
it shall be found that by reason of narrowness, shallowness, or shape of lot or where by mason of
exceptional topography, soil conditions, tree number or location or water conditions the owner of
such lot would have an undue hardship in using his lot in a manner customary and legally
pennissiblc within the rules of the zoning district." In order for a variance to be granted,
hardship needs to be established. There is an existing Linden tree located roughly 27 feet east of
the rear property line which would need to be removed if the garage were constructed at the
required 20 foot setback. According to the definition of hardship provided in the Zoning
Ordinance, tree location is a legitimate hardship.
Recommendation:
The Planning and Zoning Commission held a Public Hearing for the request on May 2, 2000.
They voted unanimously to recommend City Council approval of the 17 foot setback variance at
4252 Washington Street NE because tree location on the property creates a hardship.
Recommended Motion:
Move to approve the 17 foot setback variance at 4252 Washington Street NE because tree
location on the property creates a hardship.
Attachments: Staff Report; Completed application form; Survey; Site Plan; and Public Notice
COUNCIL ACTION:
Case: 2000-0510
Page: 1
STAFF REPORT TO THE PLANNING AND ZONING COldMISSION
FOR THE MAY 2, 2000 PUBLIC HEARING
Case #: 2000-0510
GENERAL INFORMATION
Owner:
Address:
Phone:
Matthew Heath
4252 Washington St. NE
Columbia Heights, MN 55421
(763) 782-0936
Applicant:
sanle
Parcel Address: 4252 Washington St. NE
Zoning: R-2, One and Two Family Residential
Comprehensive Plan: LDR, Low Density Residential
Surrounding Zoning
and Land Uses:
Zoning
North: R-2
Land Use
North: Residential
South: R-2
South: Residential
East: R-2
East: Residential
West: R-2
West: Residential
BACKGROUND
Explanation of Request:
This is a request for a 17 foot rear yard setback variance to allow the construction of a 528 square
foot garage 3 feet from the rear property line at 4252 Washington Street NE. Section 9.104(5) of
the Columbia Heights Zoning Ordinance requires that the distance between the vehicle entry
door and the lot line shall be 20 feet or more whenever a garage is designed so that the vehicle
entry door is facing a street or alley.
Case History:
There are no pertinent zoning cases on the lot or in the surrounding area.
ANALYSIS
Surrounding Property:
The surrounding property in all four directions is zoned R-2, One and Two Family Residential
Case: 2000-0510
Page: 2
and is used residentially.
Technical Review:
Accessory structures arc regulated under Seelion 9.104(5) of the Zoning Ordinance.
Requirements are as follows.
· No accessory structure shall exceed the height of the principal structure or fifteen (15)
feet, whichever is less - the proposed garage will be roughly 13 feet in height.
· No accessory structure or combination of accessory structures shall exceed 1,000 square
feet - the proposed garage will be 528 square feet which meets this requirement.
· Any lot less than 6,500 square feet may have a lot coverage of up to 35% - the lot
coverage will be approximately 22% which meets this requirement.
· Detached accessory structures must be six (6) feet or more from the principal structure -
the proposed location of the garage is roughly 40 feet from the principal stmetttre.
· Whenever a garage is designed so that the vehicle entry door is facing a street or alley,
the distance between the door and the lot line shall be 20 feet or more - as mentioned
earlier, the vehicle entry door will be 3 feet from the rear lot line so a variance is
necessary.
· Accessory structures shall be a minimum of 3 feet from the side lot lines as approved by
the Building Official - the proposed location of the garage is 4 feet from the north side lot
line and 12 feet from the south side lot line.
The primary purpose of the 20 foot setback requirement is to allow enough room on the property
for a vehicle to park in the driveway without encroaching into the street or alley fight-of-way.
Please note that the applicant has informed staff that he intends to utilize an existing parking pad
located to the south of the proposed garage.
Seaion 9.105(3)(d) of the Zoning Ordinance states the following: "In recommending a variance,
it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of
exceptional topography, soil conditions, tree number or location or water conditions the owner of
such lot would have an undue hardship in using his lot in a manner customary and legally
permissible within the rules of the zoning district." In order for a variance to be granted,
hardship needs to be established.
There is an existing Linden tree located roughly 27 feet east of the rear property line which
would need to be removed if the garage were constructed at the required 20 foot setback.
According to the definition ofharclship provided in the Zoning Ordinance, tree location is a
legitimate hardship. Also, the City has granted variances due to tree location in several other
instances. The following briefly summarizes two similar eases.
· Case 9805-24 was a variance of 7 feet at 5055 Madison St. lIE to allow the construction
of a garage with the vehicle entry door 13 feet from the property line. This request for a
variance was approved due to tree location and number on the lot.
· Case 9810-45 was a variance of 8 feet at 2303 Malden Ln. NE to allow the construction
of a garage with the vehicle entry door 12 feet from the property line. This variance was
Case: 2000-0510
Page: 3
granted because tree location and topography on the property created a hardship.
One option that staff has considered is the possibility of rotating the garage so that the vehicle
entry door faced south instead of west. If this were done, the proposed location would meet
minimum setback requirements. However, there would only be 12 feet between the vehicle entry
door and the south property line which would make it difficult to maneuver a vehicle in and out
of the garage. Please note that there is an existing garage and lean-to in the same location as the
proposed garage which will be removed. The vehicle entry door of the existing garage faces
south, but the applicant has stated that there is not enough room to maneuver his vehicle in and
out of the garage due to the proximity to the south property line.
Compliance with City Comprehensive Plan:
The City Comprehensive Plan designates this area for future Low Density Residential
Development. The proposal does not impact the goals and objectives of the City Comprehensive
Plan.
Summary:
The positive aspects of this proposal are as follows:
1. The proposal will improve the property by replacing an existing garage and lean-to.
The negative aspects of this proposal are as follows:
1. Any vehicles attempting to park in front of the vehicle entry door would be partially
located in the alley right-of-way.
CONCLUSION
Staff Recommendation:
Staff recommends approval of the request as tree location on the property appears to create a
legitimate hardship.
Recommended Motion:
Move to recommend City Council approval of the 17 foot setback variance at 4252 Washington
Street NE because tree location on the property creates a hardship.
Attachments:
· Completed application form; Survey; Site Plan; and Public Notice
CrTY OF COLUHBIA HEIGHTS
--- ApPlicatiOn For:
Rezonin&
Variance
Privacy Fence
Conditional Use Permit
Subdivision Approval
Site Plan Approval
Other
Application Datez
Case No: .'~
see: TS',mo ate Sa .d 0
1. Street Address of Subject Property: qZ~Z L~k~v~,_~r~ ~::~./~
3 - Ag~licant: 4,
Phone=
Zoning:
Appl-icable City Ordinance Number
Present Zoning '~"'~"-
Present Use ~~ ~ ~
;coposed Zonin8
Proposed Use [l,~,~_~;~ |
8. Exhibits Submitted (maps, dimSrams, etc.)
Acknowledgment and SiRnature: The undersi~ned hereby represents upon all of the
penalties of la~, £or the purpose of lnducin8 the City of Columbia HeiShts to ~ake the
action herein requested, that all ~atements herein are true and that all york here~n
mentioned rill be done in accordance vi~h ~he Ordinances of the City of Columbia Heights
Sta~e o o
Signature of Appltcan:: Date:
·
Taken By:
i I
Z
M ..OZ,LO.O0 N
,00'0~
'7'
'7"
.<
Z
CITY OF COLUMBIA HEIGHTS
590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806
PLEASE NOTE: CITY HALL PHONE NUMBERS HAVE CHANGED.
NEW NUMBERS ARE: MAIN NUMBER (763) 706-3600; TDD (763) 706-3691
PLANNING AND ZONING COMMISSION
NOTICE OF PUBLIC HEARING
Members
Tom Ram sdell, Chair
Kevin Hanson
Ted Yehle
Daniel Shattuck
Stephen Johnson
Notice is hereby given that the Planning and Zoning Commission will conduct a public headng'
in the City Council Chambers of City Hall, 590 40"' Avenue NE, at 7:00 PM on Tuesday, May 2,
2000. The order of business is as follows:
A request for a 17 foot rear yard setback vadance to allow the
construction of a 528 square foot garage 3 feet from the rear property line
at 4252 Washington Street NE. Section 9.104(5) of the Columbia Heights
Zoning Ordinance requires that the distance between the vehicle entry
door and the lot line shall be 20 feet or more whenever a garage is
designed so that the vehicle entry door is facing a street or alley.
For questions you may contact Joe Hollman, City Planner, at 763-706-3673.
Planning and Zoning Commission
CITY OF COLUMBIA HEIGHTS
Walt Fehst
City Manager
jh
The City of Columbia Heights does not discriminate on the basis of disability in the admission or
access to, or treatment or employment in, its services, programs, or activities. Upon request,
accommodation will be provided to allow individuals with disabilities to participate in all City of
Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons
are available upon request when the request is made at least 96 hours in advance. Please call
the City Council Secretary at 706-3611 to make arrangements. (TDD/706-3692 for deaf or
headng impaired only.)
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SIrRVICES
EQUAL OPPORTUNITY EMPLOYER
COLUMBIA HEIGHTS = CITY COUNCIL LETTER
Meeting of: May 8, 2000
AGENDA SECTION: Consent
NO: M -A -'/
ITEM: Authorization to retain consultant
NO: for 4101 Central Avenue
ORIGINATING DEPARTMENT:
CITY MANAGER 'S
BY: Walt Fehst
DATE: May 4, 2000
CITY MANAGER'S
APPROVAL
Pursuant to our discussion at the May 1 work session and my discussions with representatives of Buetow
and Associates, staff is requestingauthorization to enter into a contract with Buetow and Associates for
the purpose of preparing the initial concept plans for the development of 4 101 Central Avenue
Buetow and Associates will be exploring possible uses for 4101 Central Avenue, such as a Libraxy,
Police Department, or Administrative offices.
Recommended motion: Move to authorize the Mayor and City Manager to enter into a contract
with Buetow and Associates for the purpose of preparing the initial concept plans for the development
of 4101 Central Avenue NE.
COUNCIL ACTION:
h:~4101centralbuetow
CITY COUNCIL LETTER
Meeting of: May 8, 2000
AGENDA SECTION: Consent Agenda
NO:
ITEM: Authorized Purchase of Kromer Ballfield Machine
NO:
ORIGINATING DEPT.
Recreation
CITY MANAGER
BACKGROUND: The Recreation Depathnent has been looking at purchasing a field groomer for the past few months. The department
was recently made aware of a demo model available from the Kromer Company. The Kromer Company, located in Mound, Minnesota,
is an exclusive manufacturer of this particular product. Curren~y there are no other manufacturers which make a comparable piece of
equipment. This machine would enable recreation staff to groom ballfields in the evenings and during weekend tournaments when
Public Works staff is unavailable. Recreation staff went to look at the machine at the manufacturers warehouse and found it in good
working condition with only 200 hours of use. After talking to the Parks Department we were made aware that they were interested in
the painting attachment that is available for this machine. By purchasing the panling attachment the Parks Department would be able to
paint lines for baseball, softball, football, and soccer fields in a much shorter mount of time. Cun-en~y the Parks Department has a
machine that is a walk behind model and only paints one side of the grass at a time which means that they have to paint each line twice.
If the Parks Department were to use the new machine they would be able to drive the machine and only have to make one pass for each
line since the machine has two spray jets that paint both sides of the grass. Another benefit is that the machine has a 45 gallon holding
tank for paint. The machine curren~y used by the Parks Department only holds 3 gallons at one time which means that staff would
save time by not having to coustan~y stop and mix a new batch of paint. The Recreation Staff, along with staff from the Parks and
Public Works Department, again went to look at the demo model at the Kromer company and found that the painting option was very
easy to use and worked very well. Steve Synowcznski looked over the machine and found it to be in good mechanical shape and
thought that it would be rehflvely easy to maintain.
The Columbia Heights Athletic Boosters donated $25,400 to the Recreation DeparUnent aspart of their annual donation. This money is
curren~y in the 881 account. This machine was included in the 2000 donation from the boosters. The public works portion will paid
from account 101-45200.
RECOMMENDED MOTION: Move to authorize the purchase of the Kromer hallfieM machine at a total cost of $7,201.20 inchding
tax, with the recreation' s= portion being paid from account 881 4 5001 in the amount o f $ 5,719.75, and the pub lic works portion from
account 10145200 in the mount of $1,481.51.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: May 8, 2000
AGENDA SECTION: CONSENT AGENDA
/'I-A- %
ITEM: REQUEST AUTHORIZATION TO AWARD BID
FOR 2000 JAMBOREE FIREWORKS
NO:
ORIGINATING DEPT.:
Recreation
CITY MANAGER
APPROVAL
BACKGROUND: Staff received authorization m seek bids for the fireworks display scheduled for Saturday, June 24, 2000 in
conjunction with the Lion's Club Jamboree activities. Funds in the amount of $3,000 have been budgeted for the fireworks display
under Account 10145050-4378. The cost of the fireworks disphy is $6,000. With $3,000 coming from Account 101450504378, the
remainder of the cost of the fireworks disphy will be sought from donations. Only one bid was received for the fireworks disphy from
Melrose Pyrotechnics. After reviewing the bid, we found it to be very similar to the bid received last year. The Park & Recreation
Commi-~sion has indicated that they thought Melrose Pyrotechnics put on a good quality show at last year's fireworks display.
RECOMMENDED MOTION: Move to award the bid for the 2000 fireworks disphy scheduled for Saturday, June 24, 2000 to Melrose
Pyrotechnics for a $6,000 fireworks disphy with $3,000 appropriated from Fund 101-45050-4378.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: May 8. 2000
AGENDA SECTION:
NO:
ITEM:
NO:
Consent
Establish Hearing Dates
License Revocation, Rental Properties
ORIGINATING DEPARTMENT:
Fire
BY: Dana Alexon
DATE: May 3, 2000
CITY MANAGER
APPROVAL
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. Mohammed Khan ............................ 981 43-1/2 Avenue NE
2. Gerald Janson ............................... 1236-1238 Circle Terrace
RECOMMENDED MOTION: Move to Establish a Hearing Date of June 12, 2000 for Revocation or Suspension
of a License to Operate a Rental Property within the City of Columbia Heights against Mohammed Khan at 981
43-1/2 Avenue.
RECOMMENDED MOTION: Move to Establish a Hearing Date of June 12, 2000 for Revocation or Suspension
of a License to Operate a Rental Property within the City of Columbia Heights against Gerald Janson at 1236-
1238 Circle Terrace.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of May 8. 2000
AGENDA SECTION: Consent
ORIGINATING DEPARTMENT:
Fire
ITEM: Close Hearing BY: Dana Alexon
Rental License Revocation DATE: May 3, 2000
NO:
CITY MANAGER
APPROVAL
The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against
Syed Raza regarding rental property at 4616 Tyler Street for failure to meet the requirements of the Housing
Maintenance Codes was previously scheduled to commence at the City Council meeting of May 8, 2000.
The public hearing on this property may now be closed in that the owner has brought the property/building into
compliance with the Housing Maintenance Code.
RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the
Rental License Held by Syed Raza Regarding Rental Property at 4616 Tyler Street in that the Property is in
Compliance with the Housing Maintenance Code.
COUNCIL ACTION:
AGENDA SECTION: Consent
NO. H
ITEM: Renewal of Class B Gambling
License for Immaculate Conception
Church for Activities Held at The
Church
NO.
CITY COUNCIL LETTER
ORIGINATING DEPARTMENT
POLICE
DATE:
Meetin[l of May 8, 2000
CITY MANAGER
APPROVAL:
BY:
DATE:
BACKGROUND
Church of Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights, has submitted a Class B license
renewal application, which is attached. The renewal would permit charitable gambling on the premises at this
location.
ANALYSIS/CONCLUSION
Since the organization satisfies the City Council's resolutions regarding charitable gambling and has paid the
$250 permit fee, the City Manager recommends the following action.
RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable
Gambling Control Board stating that the City of Columbia Heights has no objection to the renewal of a Class B
charitable gambling license for the Church of Immaculate Conception, 4030 Jackson Street N.E., Columbia
Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local
governing body.
mld
00-129
Attachments
COUNCIL ACTION:
State of Minnesota
Gambling Control Board
Premises Permit Renewal Application
For Board Use Only
Amt. Pd
Check #
LG214PPR Printed: 2/16/2000
License Number: B-4)l ISI-O01 Effective Da~e: 7/1/1998 Expiration Date: 6/30/2000
Name of Organization: Church of Immaeuiate Conception Columbia Heights Gamblinl Premises Information
Name of theestablishment Where gambling will be conducted
Church of Immaculate Cone
4030 Jaekson St NE
Columbia Heights, MN 55421
County: Anoka
Note: Our records show the premises
is located within the city limits
Lessor Information
Note. Our records indicate that the
osgantnttion owns this premises
Btn_*oAeth
Storage Information
Northeast State Bank Gambling Bank
3989 Central Ave NE Account Number: 500'31601
Columbia Heights, MN 55421
on the lines provided below list the frame, address and litle of at last two Imrmms authorized to sign checks and nutlz deposits
and withdrgwais for the gembring account. The organization's treasul~ may not handle gambling funds.
Name Address City, State, Zip Code Title
(Be sure to complete the reverse side of this application)
This form will be made available in alternative format (ie. large print, braille) upon request. Pag~ i of 2 (Continued on Back)
Acknowledgment
Page 2 of 2
Gmlding Site Authodndou
Iheseby coment ttmt local hiw cnforcmnent
officers. the bard ~ saints of the board, or
the commiationcr of revenuc or
public m~ty of aBmts of the conunissioncrs,
my emer the premises to edo~e the law.
Bank Records Informtim
The board is amhm'imd to inspect the bank
records of the gambling account whenever
necessary to fulfill requirements of ch,~
gambling rules and law.
Orlanizatiea Liceroe Autbefizadoa
I hereby authorhe the Gambling Control
Board to modify the class of organization
licev~e to be consistent with the class of
permit being applied for.
Oath
I declare thBt:
1. I have read this application and all
infennadon submitted to the board is me,
accurate, and complete;
3. I am the chlefexccu~ve offi~er of the
4. I assume full responsibility for the fair and
lawful operadon of all activities to be
5. I will f~miliarize myself with the laws of
Minnesota governing lawful gambling and
rules of the board and agree, if licensed, to
abide by those laws and rules, including
6. any changes in application infciT~adon
will be subnitted to !he boaK!and local
unit of g~venune~t within Ion days of
the change; and
7. Iunckwstmdfhatfail~etopwvide
requhedinfoenation or providing fdse or
misleading information' my result in the
denial or revocation of the license.
Sirnature of the chief ex~
officer (Designee may nOt ~t~ri)
Loeal Unit of Government
On behalfof the city, I hereby acknowledge this application
for lawful gambling activity at the premises located within
the cites jurisdiction, and that a resolution specificafiy
apla'oving or denyin~ ~ application will be forw~K!ed to
the applying organization.
SiBnmure o ~W personne re~'~q~ qcq~ication
For the townhiD: On belmif ofthe township, I acknowledge
that the organizntion is applying to conduct lawful gambling
activity within lhe township limits.
A township has no statutory atm~ority to approve or deny an
application (Minn. Slat. soc. 349.213, subd. 2).
Print name of township
signma~ of to~,~sh~ erred rec~vb~ ~ti~
/
D~
For the co,m~y: On behalf of the county, I hereby
acknowledSe this application for lawful gamblin8 activity at
the premism Io~al~d within th~ coumy's jurisdktio.n, and
that a resolution specifically ap!~oving or denying the
application will be forwarded to the applying organization,
The information requesl~l on this form (and
my ams:hmen~s) will he used by the Gmnblin~
Control Bmrd (Board) to deLtanine yos
qualifications m he involved in !awful gmnbliv4~
activities in Minnesom, and m m~t the BOard
in conducting a bsckFound investigation of
you. youhave~heri~htmmfuse~Osupplythe
information requessed; however, if you refuse to
su!~y this information, the BOard may not he
able to determine your qualifications and, as a
consequence, nmy rcfuse to issue yon a liccnsc.
lfyou supply the informalion requested, the
Board will be able to protein your application.
Print name ofcmmty
Signatu~ of county personnel recciving application
Your name and eddmss will he public
information when received by the Bo~rd. All
d~ other inbnnadoo that yon ~ will be
your liceroe, When the Board '[sines your:
liceme, aH of the information that ~ have
la~vided to thc Board in the precem of
applyi~ for your license will become public.
Ifth~Boarddo~snotissumyoualicens~,mlldre
of applying for a licensc remains private, with
the exception of your name and mtd~ss which
will remain publi~
followinG: Board meoibers, staffofthe
/ /
Board W~ werk msimanm equim ms
they hm a~m ~ ~e ~o~ ~e
~s a ~ ~ or s~ d
RESOLUTION 9646
BEING A RF. SOLUIION AUTHORrJmqG CERTAIN CHARITABLE GAMBLING
Currently, Resolution No. 88-41 reads as foUows:
BE IT RESOLVED by the City of Columbia Heiprs that gambling, ms described in Minnesota Statute 326
shall be ~.~bited in all bars and liquor establishments within the City which are licensed pursuant to Section 5.501,
5.503, 5.504, 5.505, 5.506, or 5.507 of the City Code unless:
The organization wishing to gamble obtains the permission of the Minnesota Clmitsblo Gambling
Control Board;
The organization wishing to gamble obtains the permi,~-~ion of the Council of the City of Columbia
The organization wishing to gambles hu been in exjs,-nce in Columbia Heights for not less than
ten years;
4. The organization wishing to gamble is a bona fide club;
The organization wishing to gamble does not pay the proprietor of the licensed premises a rental or
lease payment in excess of the lesser of S400 per month, or the amount authorized by the State
Charitable Gambling Control Board for Class A and Clan B licenses. No other remuneration shall
be paid to the proprietor for permitting the gambling activity or device to be located on the licensed
A license fee not subject to a waiver shall be paid to the City of Columbia Heights in the mount
of $250 for Clan A and Clan B licenses and $25 for Class C and Clan D licenses. License fees
shall not prorated or refundable.
NOW, THEREFOE BE IT RESOLVI~ that this resolution shall take effect on July 1, 1988, and shall
replace Resolution 86-11.
Passed this 9th day of May, 1988.
Resolution 88-41 is hereby mended to read:
: RF~OLUTION 9646
BEING A RESOLI~ON AUTHORIZING CBRTAIN CHARITABLE GAMBL_rNG
BE 1T RESOLVED by the City of Columbia Hei21,~ ~ gambling, as desm'b~ in Minnesota Statute 326
shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section 5..501,
5.503, 5,504, 5.505, 5.506, or 5.507 of the City Code unless:
The organization wishing to gamble obtains the permission of the Minnesota (laxitable Gambling
Control Board;
The organization wishing to gamble obtains the permission of the Council of the City of Columbia
Heights; '
The organization wishing to gambles has been in existence in-Columbia Heights for not less rtun
ten years;
4. The organization wishing to gamble is a bona fide club;
The organization wishing to 2amble does not pay the prcJxietor of the licensed premises a rental or
lease payment in excess of the lessee of 2400 ~ per meneli.
Sttqs Gt'--~tibls ~. l~,:~g C, sM~I q4'-d fc.- fJhae A v,d _flupie V liessues which Dawnoat shall be
inclushe of any and dl allowable expenses as defi~!d and set forth tn X%4~N~ STAT. )49 el. sea. as
amended. No other r: :'-!tMiea Daymerit. se~-o~ or credit. oT an~ kind. of J~ff than as set fot~
above. shall be paid to or on behalf of dz proprietor, or uy corn'WaY or vendor urovtdint any
service or goods to or on behalf of the orolxietor. for ps_..jr:~g the
be loaqsd on the liee,~id pr:
A Ik'_~_sc fee not subject to a waiver shall be paid to thc City of Columbia I4.gi2hts in the moat
of $2~0 for Chss A and (:/ass B licenses and $9J for Class C and Class D licenses. license fees
shal/not be prorated or refundable.
If the organization is determined to be in violation of any of the ferms or conditions of thi;
Resolution. any authorization hereunder Vreviott~lv erapted tq cgaduct s;ld eiml~lin~ aC~Vtt? DIaV
be inllne(Hatelv SttSDeDded until such violadon(e)ish~e coreSad, Any such determi~Sdon of
violation(s) and any suspension boreunder shall be made u follows:
At a meetins ot~ to t~ oublic',,Fd
Aftor s minitnum of 10 days
After t~ovidine the organization wtet the .oouorttmitv to ~resent its postdon at said meetins:
By a simple maioriW vote of the City Council.
NOW, THEREFORE. BE IT RESOLVED that this resolution shall take effect on July 1, 19g~, May 12. 1996.
and shall replace Resolution ~ ge-41.
hssed~is13th day of Nay
.1996.
Offered by:, Sturdevant
Seconded by: Peterson
Rola Call: A1 ! ayes
~eS/~m:i~:~, Counc S'~n~f~,,
3086
IMMACULATE CONCEPTION BOOSTERS
AGENDA SECTION: Consent
NO. t4-A
ITEM: Premise Permit Renewal Application
for Immaculate Conception Church
NO. at The Star Bar & Grill
CITY COUNCIL LETTER
ORIGINATING DEPARTMENT
POLICE
BY: ~:;;,s2~0h~0son/M.~ale
DATE:
Meeting of May 8, 2000 '
CITY MANAGER
APPROVAL:
BACKGROUND
The Church of the Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights, has submitted a premise
permit application to hold legal gambling activities at The Star Bar and Grill, 4005 Central Avenue N.E.,
Columbia Heights, Minnesota. I.C.C. has submitted a copy of the floor plan and lease agreement with The Star
and Grill, along with Permit Application, and permit fee.
ANALYSIS/CONCLUSION
Since the organization satisfies the City Council's resolutions regarding charitable gambling and has paid the
$250 permit fee, the City Manager recommends the following action.
RECOMMENDED MOTION: Move to direct the City Manage to forward a letter to the State Charitable
Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B
premise permit for the Church of the Immaculate Conception in conjunction with activities at The Star Bar and
Grill, 4005 Central Avenue N.E., Columbia Heights, Minnesota; and furthermore, that the City Council hereby
waives the remainder of the sixty-day notice to the local governing body.
mid
00-130
Attachments
COUNCIL ACTION:
State of Mlua
Premises Permit Re~eWd :Applic~tio~
LG214PPR Ptinl~l: 2/16/2000
-License Number:B-OllSl-OOS' Effective Date:::9al1998:
Name of Organization: Chureh of Immiculaie Coneeption Columbia Heiglm
Gambliat ~:lhife~mafion
400~ Central Ave NE
Columbia ~o~ts, MN S~421
County:
For Board U~ Only
Amt Pd
Note: Our records show the pr~nises
is located wilhin the city limits
Name of the ptol~ty owner (If diffffent):
Square foomge leaud per bingo oecasion:
Rent paid per bingo occasion: ~I
Storale l~ormafism
Address . :Cit~ SIMe, Zip, Code -Title
~ s~ m ~p!~ ~e ~ si~ of ~s ~li~on)
This form will be made available in alternative format (ie. large print, braille) upon request Page 1 of 2 (Continued on Back)
GmsldJsg Site Amlmdsttkm
I hereby cemem thst !ocsl isw enforceram1
offimm, ~he bosd or slings orehe boerd, or
~hc commimiorgr of revenue or
my mr the premises to enforce the law.
Bssk Jbeords !sbsumks
records of tbg 8smNjn8 scamm whenever
nemsssy to fulfiU requiremmu ofcurrem
pmblinl rules md law,
Orl" r'tu Umme Ambarlasfiss
! hereby tutboriz~ the (3muMinS Comrol
iimmetobemusiSemwithfi~cimsof
Acknowledgment
0tth
I dcclarc thst
1. I have reed this spplicufion md sll
information robmimed to ~he boerd is ~
2. sdlotherrequiredjnfo~ntfionhssbmn
3. !sm~hechidexecuSiveoffkerof~be
4. I assume foil rui~fibility f~ tbe fair ud
hwfulop=ttionofallac~vitiestob~
conducud;
5. Iwill~uniliarizemyselfwithth=!awsof
Minnesota Iovernin~ lawful Ismbai~ md
ruks oftl~boad md qree, fflicemed, m
sbide by ~ laws rod roles, including
Psge2of2
6, my cbsnlm in spplimfion infonnsfion
will be submimsl to the board snd local
mit of government within ~en days of
ere chmle; smJ
7. lunderstsmitbs~fkiharetoptovide
requi~d informslion or ixovidin8 fsdse or
misleading information my result in th~
denisl or revomxim oflhe Ijcenm.
oftleer (Dragnee may not sign)
On behalfofthe city, I hereby scknowks:lle this application
for Lawful Ismblin~ activity st the premises Iocsted wilNn
b city~s jwisdiction, snd .ram. a resolution specificslly
s~prov~ or denyin8 b sl~licstion will be forwarded to
Fnr t!~ tow~,~K~: Ou bsbsffofb Iowusllip. I scknowJedBe
thmtbeoqs ' .rumbspplyjn81oconducthwfulpmbijnS
activity within the tsmship !imit~
Prim rsme of township
Atown,hiplmnosatmaymborayto,pproveordmy~n
spplicstjon 0vljn~ Slat. mc, 349.213, subd. 2).
/... /
Title Dste
F,v ~ eA]inly: Ou beludf oflbe ~my, I hereby
mknowkdSe ~ds e~dL--k~ for Isw~d Ssmbi{ s~tivit), st
premises Jordsed wj~m ese comSy'mjmbdjcfion, md
thataresdmionspedfimlly~.._,J,~ov~lordUyitllhe
spplicsion will Iss forwardsd to
/
Title Dsse
Tb,~mquemdmlbafimn(md
myfs-m y: ~)wfilbeused~fiBOsmbltnl
CommiBom'd(Boml)md~mmMeyour
emlifm~m m I~ tmoivml in hwhl lmnbljn8
sntvt~sjnMinmsots, ssdmmsjstfisBoa. d
in cm,kr'4qlal~' kl _w'~i,,,,,~il 'k.:of
~u. Youbsvebri~tto~tosupplylbs
supp~lbis infbnnattm. Ib~Smrd may nm be
s~kmdmsms--ymt~ us~a ek~smd, ssa
mnm, msyrelsmto isssyouslksmse.
!fyou supply ~he tnform~on requested, me
Bosd will be sble to ps~ek yow spplicstion.
Yeur atom sad midram will be Imblic
~ uterwlsmmmiv~byfimBom'd.
etemberinfbnnmiontbmyouprovidewillbe
ixivmdmdmutyouumtlfim~mdimm
IsvidsdmtbsBmrdin~bslsssssof
R~/mlforymBemmwillkeomel~btic.
hs~.afioa you k-re Is~Vtded in ~he
orqV~yi~S S~rs Uoms~mnSim pdvSe. with
~ extolston of your nsme snd sddms wb~.b
Privassdmaboutyoussssvsils~mlymfim
Mlnnssogs Lawful gambling
· Total rent cannot exceed $1,000 per month for all
reJoingo activity for this Ixz.,.iess.
· Forbingo acUvlty, uee isese form LG222.
· For ptdl-teb di, l; srmb~g machine, use leeea form
LG223.
Sketch end Dlmenelone of Leeed Am
An organization may not pay rent to itself or to
any of its affiliates for space used for the conduct
of lawful prnbling.
of ,~,/~ :~1 and Solage of gamblng product at this
premisesI!, Itlsch S skMch (drawing) d',,Qwk~: (1) the
leased stem(s), snd (2) the dimensions. -,:.
Oh:l~iel; ,,s ' '
Theiseeedermse: ~. feetby / ~ feet for s toSl of //,,, C) squmfeet.
feet by feet for e to(N of 8qusefeet.
mm fa~.
I. mvful Gambling Activity
Type of iv nd=iing s:tivity that will be conductBd at this gambling Ixs:~immm. Check me that spply.
,_., .. ,Tipboards
Term of Lens .... ' ".Amend~ Leeee Only ·
The term of this lelse Igrl B, t~ i nt will be concurrent withIf this Ii In bY~nc~/;d lease showing changes occur-
the ixemises pernit ismaed by the Gambling Control dng during the term of the current premisss permit,
BoBrd, unless te.,,~in~tcd sooner by mutual consent of write in the dale that the changes will be effective
theleuorandisuee. / I .8othpstissthstslgnedthelesse
rn~t initisl and date all changes.
Questions en this fenn sh{Hald Ix directed to the Licensing
Sectkin of the GenU~ Con~ Board (Board) sGsl..e3e-
4000. This publiceion wll be made evalabie in 81tenaeve
formal (i.e. lerge Ixint, 6raale) ulNm. request. Heelrig ~
individ~lls using 8 TTY may clll the MlnnslNa Relly Setvlce
st 1-800-627-3529 and ask to plBce · call to 651-633 4000.
The information requested on this form will become public
dsts..dAm your comp~ance with Mira statutes and ruJes
governing lawful gambling activities.
PSge 1 of 2
1/9g
Ipease f,o,r Pul!:TJ b- pld le eel, Ti .., Ndt r ,AGUVity_ LG t,
I I - o,
~a~a~ ' ~m 4. The les~r shall ~ modi~ or
· ~be ~~ l~ ~6~8, asia* '~.~ !~'TO''~ ansi
a state or al I~ e~Nnt
pru,isss.
Illegal 6tmbling
1. Thelassorisawamoftheprohblen
againSt legal 'r ))bling in Minneeoa
Statutes, section 609.75, and the
penalties for illegal gambling
violations in Min~ Rules, pe~t
7861.0050, sub art 3.
2. Tothebestofthelessofsknowisdge,
at the site of illegal gmnbHng activlty
in which ~e orglniation did not
Other ProhibiUons
The board and its agents, the
com~ of revenue and public
safety end their agehts, and law
enfon~nsnt~net have access to
the permitted premises at any
Theleaamrwgl notifnlxae~ reasonable time during the business
on the organization with respect to hours of the lessor.
provHers (d;mt,~bu,a$) dF,,m d:!ing-
related equipment amt roWVices or in OmaninUmm
the use of net profits for lawful The organizatioO has am to ~e
gafftee or device located {}nee puflxaet permitted premiSeS during any tim
p,,A~.'esm wsnollsinOused, endam
not capable of beingbused,,; ht a 2. The lessor, the beofs k,~mtSfta reasonable and when nsce'smr,yforee
mlnnerthatviolee ee prohtlAtiorm family, mnd any sgents or&nplaylel Conduct of lawful gambling on the
against iRegel gand:ing Minneeobi . of the lessor will not squire the premiseS.'
Statutes. section 609.75. and the organization to perform any action i L. BSSOR P. ECORD8 MAINTAINED I
penalties for illegal gambling thatwouldviolatastatuteorrule.
violations in Minnesota Rules;'part 3. Ifthereit adispute as lowhethorsny The lessor shail maintaina record ofall
7861.0050, sublad 3. of these lease prorites have been money rec4ived from the organization,
violded, eelease,willrermdninefrect and make the record available to the
Notwithstanding Minnesota Rules, pending a final deterrnination by the ~ Ind its agents. the commissioners
part 7861.0050, subp. 3, an Compfisnce Review Group (CR~3) of of revenue andpublic safety and their
organization must continue making agents upon demand. The record shag
rent;:r;.,,eats. pursuant to the temm the Gambling Controi Board. be~aintldmsdf0rapedodof3-1/2years.
of the lease, if the orgsnizaUon orb
OTHER OBLIGATIONS AND AGREEMENTS ,- Attachment
All obligations and l greaseS .bSt'A sen the orgtnizelk:m Indee ~ an ~ sd in or l~; chad to this lease.
(Attach additional sheets if necetlary. Any attachments tothis laale must be dated and signed by both the lessor and
Pnnt Name and Title Of Lessor
S~niture of On3mn ' ten
Prmt Name s~d Tme dLemNe
Page 2 of 2
Signature of Lessor Dim
This lean is the teal and only mgrae. nmnt between the lessor and the organization 'conducting Imwful gambling mctivitles
other then bingo and pul-teb dimperusing devtces. There is nO other agreement and no other consideration required between
the parties as to the lawful gambling Ind other matters related to this lease. Any changes in this lease will be Submitted to
the Gambling Control Board ten days prior to the effective date of the change.
RESOL~ON 96j,6
BENG A RF.~OLU'IION AIJTHOI~rzrNG C3~RTA3N CHARITABLE GAMBLING
Currently, Resolution No. 88-41 reads as follows:
BE IT P-ESOLVIK) by the City of Columbia Hei2hu that g~nblin[, ss described in Minnesota Statute 326
shall be p.r0~bited in all bars and liquor esrabiishmenxs within ~e City which are licensed pursuant to Seaion Lq)l,
5.503, 5.504, 5.505, 5.506, or 5.507 of t~ City Code unless:
The organization wishing to 2amble obtains the permission of the Minnesota Charitable Gambling
Control Board;
The organization wishing to gamble obtains the permission of the Council of the City of Columbia
The or2anizaxion wishing to gambles has been in existence in Columbia Heights for' not less than
ten years;
4. The organization wishing to 2amble is a bona fide club;
The organization wishing to gamble does not pay the proprielor of the licensed premises a rental or
lease payment in excess Of the lesser Of $400 pet. xnonth, of the smotmt anthofized by the State
Charitable Gambling Control Board for Class A and Class B licenses. No other ronmne~on shall
be paid to the proprietor for permitting the gainbring activity or device to be located on the licensed
A license fee not subject to a waiver shall be paid to the City of Columbia Heights in the mount
of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. License fees
shall not prone_~ or refundable.
NOW, THEREFORE, BE 1T RESOL~ that this resolution shall take effect on Iuly 1, 1988, and shall
replace Resolution 86-11.
Passed this 9th day of May, 1988.
Resolution 88-41 is hereby amended to read:
RF~OL~ON 96-~6
BEING A RF~OLIflION AUTHOKIZI~G CXP, TAIN CHARITABLE GAMBLING
BE IT RESOLVED by the City of Columbia Hei2hts that Sambring, as described in Minnesota Statute 326
shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Seaion 5.501,
5.503, 5..S04, L505, 5.506, or 3.30 7 of the City Code unless:
The ofg,,,~-,rlon wishing to gamble obtains the permission of ~ Minnesota Charitable Gambling
Control Board;
The organization wishing to gamble obtai~ the permlt~ion of the Council of the City of Columbia
Heights;
The organization wishing to gambles has been in existence in-Columbia Heights for not less than
ten years;
4. The orgnn!~nr~on wishing to gamble is a bona fide club;
The organization wishing to gamble does not pay the proprietor of the licensed premises a rental or
lease payment in excess of she leHSw Of
S~e 0-- Mblz G~-b,iag CeaikSi "v~d few _':1~ff A .~t: a"~u ~ lienlet which DaYrot, at shaJ] be
illchlsive of any and alt allowshie ex. oe~se~ as de~ned and set forth in MN, STAT, 349 st, sa3, as
amended. No other f: '-"afarlea t~vment, m-off, or oredtt, of any kind, other than a; set forth
abtpve~ sha~ be paid to or on behalf of the proprietor, or any conmnnv ~r vendor orovidin~t any
service or moods to or on behaif of the proprietor. for lie-.
be INsted ea she |iee--ed pfz.
A license fee not sub~:t to a waiver shall be paid to tl~ City of Cohmzbin I-Iei~xs In the amount
of $2~0 for (:lass A and Class B licenses and ~ for ciass C and Class D licenses. License fees
shall not be prorated or refundable,
If the organization is determi~d to l~e ~n violation of any of the terms or condtdqps of this
Resolution, any authorization hereun4er t~vlouslv er~nted~o conduct sai0 aambltnt ac~vitv may
be immedistelv gzsl~mded undl such violFirm(s) is/are ~, Any such d_~_.p~ne~nsdon of
violation(s) and any suspension hereunder shad be made u foldova."
At a meeting open to t~ ~ubl,i~ an4
After a minimum of 10 dav~ notice to the orea;indon: and
After uroviding the organization w~th the ont~rmnity to present its uosidon st sdd meeting:
Bv a timDie maiority vote of the City Council.
NOW, THEREFORF., BE IT RE. SOL~ that this resolution shall take effect on July 1, 1988, May 12. 1996.
and shall replace Resolution S&-1=I- 81~-41.
Passed this !.3th day of I~ay .1996.
Offered b)~ Sturdevant
Seconded by: Pete r son
Roll Call: A1 ! ayes
seate uu /' .,
IMMACULATE CONCEPTION BOOSTERS
4030 JACKSON ST., NE.
3086
17-13/910
. COLUMBIA HEIGHTS, MN 55421 T~'~
a~ - fiLL
No~
,'OO~OB~,' e:Oq~OOOi~E~: 500..
AGENDA SECTION: Consent
NO.
ITEM:
NO.
Premise Permit Renewal/Application for
Immaculate Conception Church at
Mady's Bowling Center
CITY COUNCIL LETTER
ORIGINATING DEPARTMENT
POLICE
BY: M~;;;,s2~001~son/M.~le
DATE:
Meeting of May 8, 2000
CITY MANAGER
APPROVAL:
BACKGROUND
Church of Immaculate Conception, 4030 Jackson SWeet N.E., Columbia Heights, has submitted a premise permit
renewal application to hoId gambling activities at Mady's Bowling Center, 3919 Central Avenue N.E. Also, the
organization has submitted a copy of the floor plan and lease agreement with Mady's Bowling Center.
ANALYSIS/CONCLUSION
Since the organization satisfies the City Council's resolutions regarding charitable gambling and has paid the
$250 permit fee, the City Manager recommends the following action.
RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable
Gambling Control Board stating that the City of Columbia Heights has no objection to the renewal of a Class B
premise permit for the Church of Immaculate Conception in conjunction with activities at Mady's Bowling
Center, 3919 Central Avenue N.E., Columbia Heights; and furthermore, that the City Council hereby waives the
remainder of the sixty-day notice to the local governing body.
mld
00-130
Attachments
COUNCIL ACTION:
LG2 ! 4PPR Printed: 2/16/2000
License Number: B-01151-002
Gambling Control Board
Pre~sPerld!~a!,.Application
Effective Date: ?/1/~9~
For Board Use Only
Am~ Pd
Gambling Premises information
Name of tl~'emb~shment where gambling will be conducted' .
Madys Bowlin~ Ctr '
3919 Central Ave NE
Columbia Heights, MN '$5421
County: Anoka
-Note: Our records show th~ pl~-'mlses
is located wilhinihe city limks
l~uor Illformation
Bret & Bast Mady
3919 Central Ave NE
Columbia Heights, MN 55421
Name of the property owner (If different):
Our records indicate that Bingo iS not conducted on ~ premises.
Square foota~e leased per month:
Rcm paid pea, bingo ooeasion:.
Stor-*e information
Northern State nfik OambUng Bank
39~'Cettni Ave NE Aceomit Number:
corntabu Heiglm,~ 5S~21
and withdrawals fet lt~ gambling a~count. The orlaalaitm's Ummmwr may mhandle lamldin~funk
Name
This form will be made available in aitemative format (ie. large print, braille) upon request. Page I of 2 (Continued on Back)
rosy assrOmlsemisesto enforcelbs !sw.
Beak Rseords Yr St -fi_
TIm bosrd is suthm'issd to inspect the bst/
records of lira pmbiin$ s:coum wben~ver
ramssty to fhl~!l requirements of current
lambiin$ rums and Law.
O,~ -~- qtu lJeeme Amtbe~
!hetebyauth0tis~e(3mnbllagComrol
Acknowledgment
Oath
I deck that:
1. lhmvereadthisapplicatimmaddl
Mfonnalion subminsd to the board is true,
ancuram, and cornplea;
2. all oeher required jrd~tjon has been
3. I sun the chiefex~utive ofik~ of the
4. I assume full responsibility for the ~ and
lawful operation ofall aclivitjes to be
5. I will familiarize myself with the laws of
Minmmmotm 8overning Imwf~d proMinS md
abjd~ by those laws md ruJes, including
amendmints Io them;
Page2 of 2
6. my chanps in application information
will be sulnigtsd to the bosrd and local
unit of Sovemmmt wilhin ten days of
~e clsm~;
7. lundffslsndthstfailuremprovide
reqube. dinf~malton ot!~fslseor
mimlemdin8 infunnmtion my result in ttm
offlemr (Dedgnn tna~ not sign)
I~. Umit off, ioverameut A~.~I: ~.t Sd.
for lawftd ~mmblinf activity at rig labraises Iocm~d wtthin
the cit~ jurisdiction, and that a ns>lution specifically
apla'ovin~ or denying t~ applimtion will be forwarded to
Frm tlw Sy, wp-sd~: Ou behalf of IN Sownship, I a~imowledle
vhst ~be o,s *-.r' r is applyin8 to mp~.___,~ lawful pmsbiin6
activity within the towsship limjtt
name oftowmhip
Amwmhiphsnosmmta?mshodlysosplroveor6mysm
application (Minn. Stm. mc. 349.213, subd. 2).
SiSnature of Iownddp official receiving.. t, lic' "o~.
/ /
Tit~ Date
For S,, m,-m/: On belslf offus comary, I hereby
mknowlaJle ~ o~,tdk.-.lkm fur inwful pmbiin$ s~ivity at
tbe.pmmismiocmmtwMdafutmam~mJ~n. and
Ihatsnsdufionsl~.~lk~qy~otdsnFln$1be
mtivittsinMinmsms. mdmmslatleB~sd
in mndm:tinl · bamklmoml in,~_:,~ 'k ' of
ym. Ymhaveshst~htmsfmsmsul~yehe
~1~ t'~rrmlu~lmwmve~ifyooafoMm
supMy~hisfuhmation,~lmBomdmaynmbe
abMmdmmimm yow t "ia~"'~s md,ma
mr, h~n~, may refum ~o ismas you · IMmm.
IfyouSuppl~!he ldftm *knmqumsMd, tlm
Boldwillbeal~wptmns)mtt .,~:
!kmmmm, a!lofam idfo, rt'm,'ttmmymmlmmm
providedtolbeMinllmpr4mof
Nsplyin$1~tymrlksm~wi!ibeemaelsbli~.
iflm B4mrddommmmlmmmm yma alimmmm, allilm
iof~t t:uryoubaveprtyvldm~inlhelmoGem
ofmpplyinS fur alimsms msmaim im~vam, with
sire samprim of yore nmm and minidram which
will mS immblic,
l~iv~dmmmboutyoummavWlmllmenly~ollm
foGowinW Bomrd msmbems, mmffoflhm
Bom'dwhomswomt.7-~ik m wmmqum~mm
stmyhmmmmommmsostmkit,, 'kn;mm
MImmmmmoahr m,...~.atofPubltcSd'ety;the
Mmmmmmlm Altonroy GIm; tim Minnmmmm
Cmnmimkmsrs ofAdmbdsltslim, rmm
stud Rsvesme; b Mbsmssa LeSisitive
Audjtor, nafiassland ~ ' . t~nu-' pmbitng
mmSnlmsymSmmm~mymmismammmmocoun
t~wt~c~ly mdbymms orfs4ssl Imv
to bare mcemm to tm inrc.~Mi~; indtvidumlm
ands fur which law orkpl older
anburimsansw ussorslsrin$of
~sdkrfuisnotimwas$ivax; and
· Total ant cannot exceed $1,000 per month for
non-btngo acUvity for-this
· For bingo sctivity, use lesse fonn LG222.
· For pulNab dlpensing readies, use lease form
LG223.
Sketch and Dimealone of ~ ~
Skeldl: For all m being leased for the conduct
of gsreMg and skxsge of
prc.,|n,. sitram m sketch (erewing) ~ (1)the
leased am(s), and (2) the dimensions.
Dimenslone '
stomg~ fe.t by
Storage feet by
An organization may not pay rent to itself. or to
any of its affiliates for space used for the conduct
of Imvful gambling.
Rent to la paid per rnonth $ O O
-
(ifne~Jelebepdd. Indk2te-O-) · '""--
y ~sstM~atet~
feet for a total of
~ ~C~ St~ of
Mst~s~
~cm~sd ~
Lawful Gambling Activity -
Type of 9mmblir~ ~ Itmt will be conducted at this gambling prmni~s, 'Che~ all Itmt apply,
~.. Paddlewheels ~ Pull-Tabs '~/-..-Rlfftes ~Tipboardl
Term of Lease Amended LeaeeOnjY'"
The term of this lease agreement will be concurrent with If this is an arner~ed lease showing changes occur-"
the premises pem~ issued by the Gambling ~ ' q during the,,~Wm~ the ~:premiles permit,
Board, unless tz,,~ !nEts :1 sooner by mutual consent of write in the date that the changes will be effective
/ . ./, ....... .ao|h dfne ,thelem
must iniUII and clangem,
Questions on this form should 134 iregild to the Licensing
Section of the Ganeang Conee 8oed (Board) at-eel-e3e-,
4000. This 'pUblication will be made available in eemattve
format. (i.e. large print, 8rsi~e) upon request. Hearing iraBaited
ineividuats using a TTY may cell the MinnesetaReiey Sevice
at 1-800-627-3529 and ask to place I call to 651-6394000.
The ~tion requested oh this form.will becOme public
~forma:~ When ~ by me eom~: and wm i~ used to
determini your coftWlhince with Minnesota statures and rulll
governing lawful gambling aCtivities.
· .page. ~ of 2
'° , 1/99
Lease for Pull*Tab, Paddle·l, Ti, board, and/or Raffle AcUvlty - LG221
. . ...... . ......: ............,
· gent· ere found to be solely 4. The lessor shall not modify or
responsible for any iRegel gambling terminals this lean in whale ix in let
conducted it that Jite that is ' due to the lessors violation of the
prohibited by M~ Rules, pert ixovisions listed on this lease.
7861.0050. subleft 1, orMinn.ss~w
Statutes, section 609.75, urdesl the ArbitraUon Process
orgardzation's agents rt~el;enl-t.l, for The lee agrees to arbitraUon when ·
participation as Players Prohil~ad the i~egll ga~d~ling activity are also violation of then lean provisions is
' agentl ix l.,,pl~yses of the lessor. 81leged. The E. L,;bator shall bethe CRG.
The lea·or, the leeswe i,,ne cry - farMy,
ind·ny·gentlorglmblingempioyees 4.. The lessor shall not modify or
e,. ae. inwhaa ixin rwt IAccEss TO SRMrrrSD
inthecon~luctoflewfulglmblingoMthe · slate or local law ellfol~iJ~ilnt 8tltoofMinnelotlsndl. sw
IllegaiGambling Ittheliteofillegllg~tta~ltnglc4kity The bolrd Ind its ·gent·, the
1. The lellor is aumm ofUa prol"k:~en in which the organization did not co, , hniuioners of revenue and public
~8~mm,~sectiongwTd~.inMir, nel;~t p~ Ucirlll. safety and their ·gent·, and law
75, and the Other Prohibitions snforcsr~.nt personnel have acceu to
penalties for illegal gambling the permitted premises ·t any
violations Min~ Rules, pitt 1. Thellma'wllnotimlxaerAL'fions rassormble Use during the bushes·
in i
7861.0050, subpart3. on N organization with relpect to hourl of the lessor.
provtders(dletdbutors)ofg. mbling- Organiz.tion
the lee·or affirms that any and all the uas of net profito for lawful The organization has access to the
games or device ~ enN puqxaes. permitled premises during any time
rx: ,~:-s, arenellxingueat, and·re
not capable of being used, In · 2. The ·el·or, the lellofl.lnmlJ'~ts rasaond:deWe ns=slsryforthe
conduct of lawful gambling on the
againstlegsigsmbMginMk~ss=~ ~ the lessor will not require the
Statutes, section ~)9.75, and the ' esgr~tzation to peden~ am/scticn L LEa,SOR RECORD8 MAINTAINED
penalties for illegal gambling IhstwouldvioleleltNutoorrule.
vio~lons in Minnesota Ru~s;'psrt 3. |fmerslssdisputs.s towhehsrsny '~w~ssorsh~imsintoin srscord of."
7861.0050, sublart3. oftheeeletaeproviskx~hlvebeen m{meyrsceivedfromtheorgsnization,
3. Nolwithslsnding Minnesm Rules, violsled, lhe lessewl remstn in elTect snd mlke the record available to the
part 7861.0050, subp. 3, 8n
C~ Review Gn:mp (CRG) of of r--avenue and public safety and their
organizmUon must continue making agents upon darnInd. The record shall
rentj:rZJ~wntkpur. usnttothetermw NGembllngControiBoard. bern/ntmirmdforspedodof3-1/2yeem.
ofthe less·, ifthe oe~anizalton orits
OTHER OBUGATION8 AND AGREEMENTS - Atlaohment
All oblig'l tionl Ind I l~ l I.,, I rla k I tl.i in N of~ Ind the sailor ml c~t,' i i d in or eat r :: I~d to this lease.
(Attach 84:klitional sheets if rmceumy. Any Ire ~hn.ents to this lease must be dated and signed by both the lessor and
the lessee.)
This lease is the a and mdy agnes ,~ent between me lessor wad the mgalzsti~n canduct·rig ~wful gamblng activities
Q~he~ Nn blng~ Ind Ix441b flpsnl-'~l devi¢tl. Thee1 is n~ olher IgrK.,,&~l and rm olher conSiderllton required Uelween
the partie as W N ~ ge~:~ng sad oeer enseers reINed W ~ leas. Any changes in this lease wi~ be submitted to
the Gambling Control 9olN ten days Ixior to the elfective dlte of the chlnge.
Print Nlme and Tie of Lealot Print Nlme Ind Tdle of Ltslee
Page 2 of 2
RESOLUTION
BEING A RESOLUTION AlIl'HOl~rrn~G CERTAIN CHARITABLE GAMBLING
Oarrently, Resolution No. 88..41 reads as follows:
BE IT R/SOLVED by th~ City of Columbia H~i~hts that pmbliag, ss d~
~ ~ pW~bi~ in ~ b~ ~d ~quor ~~U ~n ~e O~ ~ ~e ~ ~t m ~on 5~1,
5~3, 5~, 5.5~, 5~, or 5.5~ of ~ Ci~ ~ ~:
The organization wishinS to gamble obtaini the permission of the Minnesota Clmsitable Gambling
Control Board;
The organization wishing to gamble obtains the pamission of the Council of the City of Columbia
The organization wishing to gambles has been in e~isv,-,,ce in Columbia Heights for not less thsn
4. The organization wishing to gamble is a bona fide club;
The organization wishing to gamble does not pay the proprietor of the licensed premises a rental or
lease payment in excess of the lesser of S400 per month, or the mount authorized by the State
Charitable Gambling Control Board for Class A and Class B licenses. No other remuneration shall
be paid to the proprietor for permitting the gambling activity or device to be located on the licensed
premises.
A license fee not subject to a waiver shall be paid to the City of Columbia Heights in the amount: .....
of S250 for Class A and Class B ficenses and $:25 for Class C and Class D ficenses. License fees"
shall not prorated or refi.mctable.
NOW, THEREFORE, BE IT RESOLVED that this resolution shall take effect on July 1, 1988, and shall
replace Resolution 86-11.
Passed this 9th day of May, 1988.
Resolution 88-41 is hereby amended to read:
· RESOLUTION 96-~6
BEING A RESOLIJTION AUTHORRING CERTAIN CHAR1T~ GAMBLING
BE IT RF..SOLVIK) by the City of Cohunbia Heights that gambling, u described in Minnesota Statute 326
shall be prohibited in all bars and liquor emblishments within the City which are licensed pursuant to Section 5..501,
5.503, 5.504, 5.505, 5.506, or 5.507 of the City Code unless:
1. The org,,,i,s~on wishing to gamble ob~,,s the permission of the Minnesota Charitable Gamblh$
Control Board;
2. The organization wishing to gamble obtains the paml~-~_ion of the Council of the City of Columbia
Heights;
3. The organization wishing to gambles has been in existence in-Columbia Heights for not less than
ten years;
4. The organization wishing to gamble is a bona fide club;
The oqs-i-:,ion wishing to gamble does not pay the prcp~e~ of the licensed premises a rental or
lease payment in ex,?__-_, of die leefie sf 2~00 ;1.000 per mmsdi, ef the,
~s CI-- :4;blo (}- I~liag Coastal 3r-d for ~,e A ,-d C(-'I ~_ liesasH which Daymeat shall be
inclusive or any sad all allowshie ~ as defined an~ set forth in MN. STAT. }49 el- se.. as
sEnended. No ocher eea:~tFaticm ~vmenL s4S-off. or credit. of am, ~ ocher d,dn as set forth
above, shall be paid to or on bel,,lf of the proprison ff ~ny coW'if? or vendor Dravidiue
service or Roods to or on behflfofU~e prairietar. foe [.e."7"~G d~. S' k"'l
be lese~ed oR ~: lieweed pr=
A license fee not subjea to a waiver shall be paid m tIE City of Columbia I4ei2hts in the amount
of $230 for Class Aand Class B licenses and $:23 for Chss Cand Class Dlicenses. License fees
shall not be prorated of refundable.
If the organization is determined to be in violation of ~any of the terms or condtqqns of this
Resolution. any authorization hereundef pteviouslv minted to ~:gpdua ~ tam, ins activity may
be inunediatelv susoended undl such vjplatton(s) is/are c.~fec~ Auv such deteminsdon of
violadon(s) and any suspension hereunder shsll I~ made as follows:.
At a meetina open to the tmblic and
After a minimum of 10 dav~ nOdce to d'.e organization: and
After crovidine the oreanization with ~ oODO, tLmitv tO Ixesent its xx~si~on x~ said meetinf:
BY a simule maiodW vote of the Caw Council..
NOW, 'IHER~K)RE, BE IT RF_.SOLVE:) that this resolution shall take effect on luly 1, 1988, May 12, 199~,
and shall replace Resolution ~ 88-41.
Passed this 13 ch day of ~4ay
· 1996.
Off~ b~ Sturdevant
Second~ by: Peterson
Roll Call: AI 1 ayes
IMMACULATE CONCEPTION BOOSTERS
4030 JACKSON ST., NF._
3086
~17-13/910
CITY COUNCIL LETTER
Meeting of: May 8, 2000
AGENDA SECTION:
ITEM: License Agenda-'
NO:
ORIGINATING DEPT.:
License Department
BY: Kathryn Pepin ~
DATE: May 5, 2000
CITY MANAGER
APPROVAL
DATE:
BY:
AMENDED AGENDA
BACl~GROUND ANALYSIS
Attached is the business license agenda for the May 8, 2000 City Council meeting.
The applications for Contractors are new applicants and are recommended for approval.
The application for a license to s~rve wine at 4022 Central Avenue, Sahib's Gateway
To India, for Ashok Bedi appears on this agenda. He has fulfilled the requirements
of the Fire Department and Building Official as well as the Anoka County Health
Department. The School District has vacated the tenant space at the Columbia Heights
Mall. Upon approval of the City Council, the application then goes to the State of
Minnesota for final approval and issuance.
At the top of the license agenda you will notice a phrase stating "*Signed Waiver Form
Accompanied Application This means that the data privacy form has been submitted
as required. If not submitted, certain information cannot be released to the public.
RECOB~EI~D~DMOTION:
Move to approve the items as listed on the business license agenda for May 8, 2000.
COUNCIL ACTION:
TO CITY 'COUNCIL May 8, 2000
*Signed Waiver Form Accompanied Application
2000 BUSINESS LICENSE AGENDA
APPROVED BY
BUILDING OFFICIAL
CONTRACTORS
*Affordable Air & Heating
*Coy's Masonry
*Hicks Concrete
*Home Valu
*Michael's Creative Designs
ADDRESS
4030 Hayes Street
3819 Tyler St.
7545 Commerce St.
5401 East River Rd.
3941 Johnson St.
FEES
;50.00
50.00
50.00
50.00
50.00
PUBLIC WORKS DIRECTOR
TREE SERVICES
*Arp's Tree Service
17845 Hanson Blvd.
50.00
POLICE, FIRE, BUILDING,
WIlE SALES WITH 3.2 BEER
*Ashok Bedi dPola Sahib's Gateway to India
4022 Central Ave.
2000.00
license.ag
BRC FINANCIAL SYSTEM
05/04/2000 15:22:01
FUND RECAF':
FUNI) DESCRIPTION
101
201
203
204
205
212
213
225
235
240
278
402
412
4].5
431
Z.>OiL
~02
~.>05
~04
~.~0~
70:!.
720
880
883
884
885
887
GENERAL
COMMUNITY DEVELOF'MENT FUND
PARKVIEW VILLA NORTH
ECONOMIC DEVELOPMENT AUTH
SECTION 8
STATE AID MAINTENANCE
PARKVIEW VILLA SOUTH
CABLE TELEVISION
RENTAL HOUSING
LIBRARY
JUVENILE JUSTICE GRANT
HOUSING & REDEVEI_OP AU'/I~
STATE AID CONSTRUCTION
CAPITAL IMPROVEMENT PARKS
CAPITAL IMPROVEMENT - F'IR
CAP EQUIP REPLACE-GENERAL
WATER UTILITY
SEWER UTILITY
REFUSE FUND
STORM SEWER UTILITY
LIQUOR
CENTRAL GARAGE
DATA PROCESSING
PERMIT SURCHARGE
CONTRIBUTED PROJECTS-REC
CONTRIBUTED PROJECTS'-GEN
INSURANCE
ESCROW
FL. EX BENEFIT TRUST FUND
TOTAL ALL FUNDS
BANK RECAF>:
BAN K NAME
BANK CHECKING ACCOUNT
TOTAL ALL BANKS
Check History
DISBURSEMENTS
24,834.68
238.73
3,722.17
1,507.87
40,442.00
228.07
3,701.59
10.63
75.67
4,42e..44
67.21
88~.7~
1,760.00
234.50
7e.80
7,024.83
1,813.04
3,888.77
1,313.67
5.58
157.eo2.e7
5,251.15
855.65
27~.55
174.64
~2.7e
7,844.51
214,5~2.45
4e5.~5
485,685.6~
DISBURSEMENTS
485,685.66
483,685.~6
BRC FINANCIAL SYSTEM
05/04/2000 15
Check History
5/8/00 COUNC I L.
CITY OF COLUMBIA HEIGHTS
GI_540R-V06.00 PAGE 1
BANK VENDOR
BANK CHECKING ACC~C)UNT
CI-IECK NUMBER
AMOUNT
AMEZRIQUES~T MORTAGE CO -
AT & T CONSUMER LEASE
ATLAS AUTO BODY
BELLBOY BAR SUPPLY
BELLBOY CORPORATION
CARD I NAL SERV ICES
CURT I S 1 ®0
DOI~DAN/F'ATR I C I A
EZAST SIDE BEVERAGE CO
GENUINE PARTS/NAPA AUTO
GRIGGS-COOPER & CO
JOHNSON PAPER & SUF'F'LY C
M I NNEGASCO
MINNESOTA LICENSED BEV A
MN SF'OKESMAN-RECORDER
NSF'
F'ALMt~U I ST/BERN I E
PINNACLE DISTR
PRUI)ENTIAL LIFE INSURANC
QUALITY WINE & SPIRITS
ROI)I)Y/WI I._L I AM
ROJAS/NANCY
THOMPSON/BEVERLY
U S WEST COMMUNICATIONS
[JNIVE:RSITY OF MINNESOTA
VOSS LIGHTING
ABLE: F'ROPERTY MANAGEMENT
ACCAP
ANDERSON/ROLAN E
APACHE VILLAGE AF"F--CONSO
BALL.ENTINE/BRUCE G
BERG F'ROPERTIES
BL.AFINI K/VANCE
BOETTCHER/LARRY
CFI I ES/DON
CHILDS/LORAINE
CFIR I STENSEN/R I CHARD
CREST VIEW I_UTHERAN HOME
I)ALSETFI/MAR I LYN
EGGE/JAMES
F'ANG/KWE I -WU
FINDELI_/DONAI_D
FLOI> IN/MARV I N
GROMEK/THOMAS
HANSEEN/EDWIN & DOROTHY
HANSON/DENN I S
HINES/GORI)ON E
85497
85498
8.5499
85500
85501
85502
85505
85504
85505
85506
85507
85508
85509
85510
85511
85512
85515
85514
85515
85516
85517
85518
85519
85520
85521
85522
85525
85524
85525
85526
85527
85528
85529
85550
85551
85552
85555
85554
85555
85536
85.557
85558
85559
85540
85541
85542
85545
50.00
47.82
79844.51
258.78
89900.18
294.00
264.71
250.00
99547.85
56.50
4~987.85
5'05.66
7s140.87
179.00
153.85
6,050.98
71.00
21.25
25.50
8s805..55
54.79
225.59
10.00
323.79
120.00
188,64
156.00
4-,295..00
290.00
989.00
471.00
512.00
428.00
1~267.00
508.00
185,00
646..00
163.00
847.00
442.00
452.00
740.00
184.00
552.00
544.00
295.00
465.00
BRC FINANCIAL SYSTEM
05/04/2000 15
Check History
5/8/00 COUNCIL
CITY OF COLUMBIA HEIGHTS
GL 540R-V06. O0 PAGE 2
BANK VENDOR
CHECK NUMBER AMOUNT
BANK CHECKING ACCOUIql'
HOIUM/VERNON S
JOHNSON/CONNIE
KHAN/MUJTABA
I<I_EINMAN REALTY CO
KOSTER/KENNETH
KOWALZEK/HARVEY
I_ANG/JlM
I...AI~SON/DANIEI_ W
MCNUTT/MARY
MDC 2000
MEISSNER/RICNARD
MODELL/PAUL
NOVAK/THEODORE & NANCY V
PEARSON/KEN
F'E:RRY/CINDY
PETERS PLACE INVESTMENTS
F'ING/L.UU
RIFAI/MAHMOUND
SATHRE/ALICIA M
SATHRE/LLOYD 14
SHOKEIR/MOHAMED
SKALICKY/JAMES
STAUCH/LELAND
SWANSON/BRADLEY J
THOMPSON/JEROME K
TOWNHOUSE-APT MANAGEMENT
TRISKO/FRANK
UTKE PROPERTY MANAGEMENT
VAL.TIERREZ/MARIO
VAN BLARICON/STANI_EY
WAKEMAN/LARRY 8ENE
YOUNGREN/DAWN
ZICKERMANN/LORI
ZICKERMANN/WALTER
ACTIVE ARTS
AEI ELECTRONIC PARTS
AIR TOUCH CELLULAR
ARMCOM DISTRIBUTING
BAKER/CINDY
BELLBOY CORPORATI(]N
BRADLEY REAL ESTATES INC
BUDGET COMPUTER
CHANHASSEN DINNER THEATR
CHATRE I/MOSTAFA
CITY WIDE LOCKSMITHING
CGLUMBIA HEIGHTS I
DOYLE L.OCK SUPPLY
8.5544 267.00
85545 804. O0
85546 528. O0
85547 ].25. O0
85548 - 66.00
8554e 1,859.00
85550 525.00
8555]. 228.00
85552 505.00
85555 572.00
85554 440.00
85555 2,147.00
85556 [~2.00
85557 624.00
85558 45.00
8555~ 4~175.00
85560 146.00
85561 .515.00
85562 77~.00
85565 110..00
85564 44~.00
85565 252.00
85566 2~15~..00
85567 806.00
85568 411.00
8556e 1,427.00
85570 2e4.00
85571 724.00
85572 425.00
85575 1,016.00
85574 254.00
85575 524.00
85576 48.00
85577 500.00
85579 164.90
85580 57.45
85581 50.e~
85582 10e.57
85585 24.85
85584 4~157..14
85585 17,909.55
85586 10.65
85587 100.00
85588 766.00
8558e 22.e5
855e0 4,506.85
855el 18.04
BRC FINANCIAL SYSTEM
05/04/2000 13
Check Flistory
5/8/00 COL~NCII._
CITY OF COLUMBIA HEIGHTS
OL. 540R-V06.00 PAGE 5
BANK VENDOR
CFIECK NUMBER AMOUNT
BANK CHECKING ACCOUNT
EAGLE WINE COMPANY
GEI ER/RANDY
GENUINE F'ARTS/NAF'A AUTO
GRIGGS-COOF'ER & CO
HANSEN/KEV I N
HANSON/DENN I S
IKON OFFICE SOLUTION
MENARDS CASHWAY LUMBER-F
I'IF'ZTROCALL - ATT MESSAGIN
MINNESOTA YOUTH ATHLETIC
I~OELLER/KAREN
NSP
NEWBAUER/KELLY
OLD COUNTY BUFFET
OLSON/LEONARD
OSTMOE/PATRICIA
I'-'C' SOLUT IONS
PEF"SI-COLA-7 UP
F'EETERS PLACE INVESTMENTS
PETERSON/DORA
F'EiTTY CASH - GARY BRAATE
PETTY CASH - KAREN MOEL. L
F'EETTY CASH "" MARY DUODAL
QUALITY WINE & SPIRITS
SO; HM :[ DT BA UE: R/SLJE:
STAUCH/LELAND
SUBURBAN GIRLS SOFI'BALL
SUPERIOR PRODUCT
SURF'L. US SERVICES
TORKILDSON/ANITA & DAVID
U S F'OSTAL SERVICE
U S WEST COMMUNICATIONS
VOSS L I GHT I NG
WW GRAINQER
AFFINITY PLUS FEDERAL CR
FIRST COMMUNITY CREDIT U
ICMA RETIREMENT TRUST 45
LMCIT
I_MCIT -- HP
MN CHILD SUPPORT F'AYMENT
NORWEST BANK - F'AYROLL A
ORCHARD TRUST COMPANY
F'E:RA
F'ERA - DEFINED CONTRIBUT
F'UBL. IC MANAGERS ASSOCIAT
UNION 320
UNITED WAY
85592 604.78
85593 263.10
85594 44.87
85595 781.47
85596 23.00
85597 523.00
85598 128.80
85599 52.03
85600 66.55
85601 1,300.00
85602 10.00
85605 1,906.51
85604 5.00
85605 321,60
85606 60.00
85607 65..81
85608 249.58
85609 148..50
85610 107.00
85611 40.00
85612 94.81
85615 66.07
85614 160.48
85615 5,190.54
85616 22.52
85617 904.00
85618 550.00
85619 16..40
8562.0 30.00
85621 22.00
85622 100.00
85625 5,235.01
85624 167.29
85625 24.62
85627 350.00
85628 1,910.00
85629 10,177.85
85650 20,690.36
85631 15,906.59
85632 808.16
85633 133,912.04
85654 6,562.20
8.5635 23,552.88
85636 90.00
85637 50.00
85638 978.00
85639 47.00
BRC FINANCIAL. SYSTEM
05/04/2000 173
Check History
5/8/00 COUNCIl_
CITY OF COLUMBIA HEIGHTS
GL 540R--V06. O0 PAGE 4
BANK VENDOR
CHECK NUMBER AMOUNT
BANK CNECKING ACCOUNT
ABLE HOSE & RUBBER INC
ACE HARDWARE
AGGREGATE I NDUSTR I ES
AID ELECTRIC SERVICE INC
AIR TOUCH CELLULAR
ALL I NA TRANSF'ORTAT I ON
ALI'!~iRNATIVE BUSINESS FUR
AMER I PR I DE
ANDIEEiRSON~S NEW CARF'ET DI:Z
ANOKA COUNTY
ARAMARK
BAKER & TAYLOR
BARCO F'RODUCTS COMPANY
BARNES & NOBLE
BATTERY CITY INC
BIFF ~S, INC.
BITUMINOUS ROADWAYS., INC
BONESTRO0 ROSENE ANDERLI
BOOKMEN INC/THE
BOYER TRUCKS
BRAKE & EQUIPMENT WAREHO
BRODART
BRW INC
CARDINAL SERVICES
CARL. SON TRACTOR
CHERYL BAKKEN
C;NI L..I)S WORL. D
CHISAO0 LAKES DISTRIBUTI
COCA-COL_A BOTTLING MIDWE
COL 14GTS FIREFIGHTERS AS
COLUMBIA HEIGHTS RENTAL
COL_UMBIA HOTS-FRIDLEY KI
COMF'UMASTEiR
CONNELLY INDUSTRIAl_ ELEC
DANKA
DANKO EMERGENCY IEQUIF'MIEN
DE:MCO
EAGLE WINE COMPANY
EAST SIDE I{~EVERAGE CO
EHLER & ASSOCIATE-I='LIBLIC
FLEX:[BLE PIPE TOOL. CO.
FOCLIS NEWSPAPERS
F'RI>ZIELANCE TRANSMISSIONS
I::RIDLEY-COLUMBIA HEIGHTS
!-'RIENDLY CHEVROLET GEO,
G & I< SERVICES
GE:NU:[NIE[ F'ARTS/NAPA AUTO
85640 67.16
85641 140.26
85642 522,71
85645 2,505,01
85644 321.92
85645 100.00
85646 7., 024.85
85647 12~. 72
85648 320. O0
85649 4,489.55
85650 54.57
85651 2:,254 ..04
85652 91.95
85655 64.72
85654 168.65
85655 742.65
85656 414.84
85657 254.50
85658 138.82
85658 113.56
85660 I. 86
85661 18.05
8.5662 1., 760. O0
85663 156. O0
85664 12.26
85665 25.35
85666 41.85
85667 1,509.27
85668 645.36
85669 35 .. 04
85670 47.88
85671 117.60
85672 399. O0
85675 360.87
85674 27. O0
85675 68 .. 31
85676 28.02
85677 196.62
85678 26,660.45
85679 150. O0
85680 1,527.38
85681 79.80
85682 520. O0
85683 117.60
85684 14.42
85685 135.88
85686 283.34
BRC FINANCIAL SYSTEM
05/04/2000 15
Check History
5/8/00 COUNCIL.
CITY OF COLUMBIA HEIGHTS
GL540R-oV06.00 PAGE 5
BANK VENDOR
CHECK NUMBER AMOUNT
BANK CHECKING ACC, OUNT
GOOD I N CO.
(BOPHER STATE ONE--CAI_I_ IN
GRAF I X SHOPF'E
GRAND PERE WINES
GRIGGS--COOPER & CO
HARVEST F'AINT
HEIGHTS EI_ECTRIC INC,
HEIGHTS-NORTHEAST WELDIN
HOHEiNSTEINS INC
HOME DEPOT tt2802
I-.I[)NEYWEiLL. INC
IBM CORPORATION
IKON OF'FI[;E SOLUTION
INTEGRATED LOSS CONTROL
JACKY/CHARLES L
~IlNDRA/PATRICIA
JOHNSON BROS, L. IQUOR CO,
K MART
KUETHER DIST, CO,
L. EAGUE OF MINNESOTA CITI
LMCIT -- HF'
MADDEN & ASSOCIATES/FRAN
MARK VII I)IST,
MEDTRONIC PHYSIO CONTROL
ME:NARI)S CASHWAY L. LJMBE:R-F
METROCALL - ATT MESSAGIN
ME:': TROPOL. I TAN HE)ME
METROPOLITAN 9'1.'1. [.'{OARD
M:[D--AMFR:ECA SALES ASSOCI
MIDWAY FORD
MIDWEST FIRE F'ROTECTION
MIDWEST LOCK & SAFE
MINNEAF'OLIS SAW CO.
MINNESOTA PLAYGROUND INC
MN CHIEFS OF POLICE EI)UC
MN DEPT OF ADMINISTRATIO
MN FIRE AGENCIES F'URCHAS
MN STATE TREAS BLJII_DING
NATIONAL ARBORIST ASSOCI
NORTH METRO HUMANE SOCII-'
N[)RTH STAR ICE
NORTHEASTI-'I~
[)F'F ICE I)EPOT
PAM OIL INC
PARK SlIPPLY INC
PARTS I:'LUS
F:'ATTON IND. F'RODUCTS
85687 10.99
85688 106.75
85689
85690 85.00
85691 2~065.16
85692 252.00
856~5 490,00
856~4 82.50
85695 2,908.90
85697 155.75
85698 120.00
85699 108.42
85700 591,,00
85701 575,00
85702 70,00
85705 5,590.-81
85704 59.61
85705 52,200.60
85706 150.00
85707 116,00
85708 788,40
8570~ 12~012,82
85710 188,00
85711 685.47
85712 14.14
85715 19.94
85714 110.00
85715 278.65
85716
85717 175.00
85718 626.29
85719 169.95
85720 1~250.45
85721 17.00
85722 2~055.00
85725 55.00
85724 279.53
85725 169.50
85726 1,075.82
85727 254.70
85728 15.00
85729 861,16
85750 29,75
8573.1 444.45
85752 45.26
85755 67.14
BRC FINANCIAL SYSTEM
05/04/2000 13
Check Nistory
5/8/00 COUNCIL.
CITY OF COLIJMBIA 14EIGHTS
GL540R-.V06.00 PAGE 6
BANK VENDOR
CHECK NUMBER AMOUNT
BANK CHECKING ACCOUNT
F'AUST I S & SONS
F'C SOLUTIONS
F'EF'I N/KATHY
PEPSI-COLA-7 UP
F'HILL_IF'S WINE & SPIRTS
F' I ONEER F'RESS
PRIOF;: WINE
RAPIT PRINTING - FRIDLEY
RUET T I MANN/ROBERT
SAFEGUARD BUSINESS SYSTE
S]:GN LANGUAGE & GOLDEN A
SIGN SOLUTIONS, INC
SMITH MICRO TECHNOLOGIES
SQUEEGEE PRO WINDOW CI_EA
STREICHER GUN' S INC/DON
.SYSTIEMS SUPPI_Y INC.
I'ELEF'HONE ANSWERING CENT
TI4OMPSON/CI4ARI_ I E
TUBBS/MARSHA
TWIN CITY GARAGE DOOR CO
U S WEST COMMUNICATIONS
UNIFORMS UNLIMITED INC
UNIVERSITY OF MINNESOTA
VAN--O-LITE
VIDEO BY CYCLING
WAGER ' S INC.
WARblING LITES OF:' MINN. I
WH PENNEY COMPANY
W I NE COMF'ANY/THE
WINE MERCI4ANTS
85734 143.96
85755 1,194.57
85736 5. O0
85737 346.70
85738 4,711 . 07
85739 45.50
85740 251.50
85741 79.87
85742 70.00
85745 115.30
85744 46.86
85745 96 .. 46
85746 182.98
85747 95.85
85748 61.09
85749 88.71
85750 151.30
85751 145.00
85752 20.95
85755 99.17
85754 9.00
85755 100.95
85756 330.00
85757 14.94
85758 35.40
85759 143.88
85760 9.55
85761 10.65
85762 550.70
85765 344.07
483,685.66 ***.
PROCLAMATION
COLUMBIA HEIGHTS ATHLETIC BOOSTERS WEEK
MAY 8 - 14,
WHEREAS: The Columbia Heights Athletic Boosters is a 40+ year organization with a history of
exemplary community service focused on youth; and
WHEREAS: The Columbia Heights Athletic Boosters is guided by this quotable legacy of President
John F. Kennedy, "Children are our most valuable asset"; and
WHEREAS: The youth of our community, their families, coaches and supporters, have been the
beneficiaries of the on-going generosity of the Athletic Boosters; and
WIIEREAS: Members of the Columbia Heights Athletic Boosters have a record of dedication to
area youngsters of which they can be very proud; and
WHEREAS: The welfare of our youth is enhanced by the activities supported by the Athletic
Boosters; and
WHEREAS: For many years the Columbia Heights Athletic Boosters have been active participants
in worthwhile endeavors and goal setting strategies of our cherished yotmgsters; and
WHEREAS: The challenges and influences facing the youngsters and young adults of the
community are priority concerns of the Athletic Boom; and
WHEREAS: Other entities, including youth activities sponsored by Independent School District
#13, Columbia Heights Recreation Department, area church groups, and numerous
youth-oriented events, have been the recipients of support from the Athletic Boosters.
NOW THEREFORE BE IT RESOLVED, that, I, Gary L. Peterson, Mayor, publicly proclaim
well-deserved recognition by designating the Week of May 8~ through May 14~, 2000 as
ATHLETIC BOOSTERS WEEK
in the City of Columbia Heights, Minnesota.
.
Mayor, Gary L. Peterson
City of Columbia Heights, Minnesota
CITY COUNCIL LETTER
Meeting of May 8. 2000
AGENDA SECTION: Resolutions/Ordinances
No: b - A
ITEM:
NO:
Close Hearing/Adopt Resolution For
Revocation
#200042
ORIGINATING DEPARTMENT:
Fire
BY: Dana Alexon
DATE: May 4, 2000
CITY MANAGER
APPROVAL
BY:~~--~y
DA
Revocation of the license to operate a rental unit within the City of Columbia Heights is requested
against Susan Loewenthal regarding rental property at 1407-1409 Circle Terrace for failure to meet the
requirements of the Housing Maintenance Codes.
RECOMMENDED MOTION: Move to waive the reading of Resoluti0n No. 200042, there being ample
copies available to the pubfie~
RECOMMENDED MOTION: Move to adopt Resolution No. 200042, Resolution of the City Council of
the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the
Rental License held by Susan Loewenthal Regarding Rental Property at 1407-1409 Circle Tennee.
COUNCIL ACTION:
RESOLUTION 2000-42
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS
APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408( 1 ) OF
THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY SUSAN LOEWEr~rHAL
(HEREINAFTER "LICENSE HOLDER").
WHEREAS, LICENSE HOLDER IS
LOCATED AT 140%1409 CIRCLE
MINNESOTA,
THE LEGAL OWNER OF THE REAL PROPERTY
TERRACE BLVD NE, COLUMBIA HEIGHTS,
AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A),
WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED
COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON
OCTOBER 27, 1999 OF A PUBLIC HEARING TO BE HELD ON NOVEMBER 8, 1999.
NOW, THEREFORE, IN ACCORDANCE WITH THE' FOREGOING, AND ALL
ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY
COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING:
FINDINGS OF FACT
1. That on August 24, 1998, the Columbia Heights City Council voted to revocate the license
held by Susan Loewenthal for failure to correct Housing Maintenance Code violations. See
Resolution 98-76.
2. That on October 9, 1998, Assistant Chief Alexon conducted a license reinstatement
inspection and noted that seven violations remained uncorrected. A letter was written and sent to
the special conservator and to Mr. Claude Loewenthal (Owner's son) detailing the violations that
need to be corrected and the time table for correction. Three exterior items were given extension
until June 1, 1999 to be corrected.
3. That on January 27, 1999, Matt Field and 'John Larkin, inspectors for the City of Columbia
Heights, noted that two of the violations that were not granted extensions remained uncorrected. It
was decided by the inspection office that these two exterior violations would be granted extensions
due to the time of the year and that they would be rechecked when the four other violations were to
be reinspected on June 1, 1999.
4. That on June 2, 1999, Rich Hinrichs, inspector for the City of Columbia Heights, noted that
six violations still remained uncorrected. Compliance orders listing the violations were mailed by
regular mail to the owner of the property at the address listed on the Rental Housing License
Application.
5. That on July 8, 1999, Rich Hinrichs, inspector for the City of Columbia Heights, noted that
the six violations still remained uncorrected. Compliance orders listing the violations were mailed
by regular mail to the owner of the property at the address listed on the Rental Housing License
Application.
6. That on August 10, 1999, Rich Hinrichs, inspector for the City of Columbia Heights, noted
that the six violations still remained uncorrected. Compliance orders listing the violations were
mailed by certified mail to the owner of the property at the address listed on the Rental Housing
License Application.
7. That on September 3, 1999, Gary Gorman and Rich Hinrichs, inspectors for the City of
Columbia Heights, noted that the six violations remained uncorrected. Inspector Gorman took
photographs of the remaining violations.
8. That on September 3, 1999, Rich Hinrichs, inspector for the City of Columbia Heights, noted
that one exterior violation still remained uncorrected. Compliance orders listing the violations were
mailed by certified mail to the owner of the property at the address listed on the Rental Housing
License Application.
9. That on September 28, 1999, the Columbia Heights City Council held a public hearing and
a Rental Housing License revocation hearing at the regularly scheduled City Council meeting that
evening. The action the City Council took on the revocation of the rental housing license of the
aforementioned property was to table any action until the October 25, 1999 regular City Council
meeting. This action would give the Owner' s son time to get some of the violations corrected.
10. That on October 25, 1999, the Columbia Heights City Council held a public hearing and a
Rental Housing License revocation hearing at the regularly scheduled City Council meeting that
evening. The action the City Council took on the revocation of the rental housing license of the
aforementioned property was to table any action until the November 8, 1999 regular City Council
meeting. This action would give the Owner's son time to get some of the violations corrected.
11. That on November 8, 1999, the Columbia Heights City Council held a public hearing and
a Rental Housing License revocation hearing at the regularly scheduled City Council meeting that
evening. Five violations remained at the property and it was explained to the City Council that the
property manager would not be able to complete the repair due to the weather/season. The action
the City Council took on the revocation of the rental housing license of the aforementioned property
was to table any action until the first City Council meeting in May of 2000. This action would give
the Owner's son time to get some of the violations corrected.
12. That based upon said records of the Enforcement Officer, the following conditions and
violations of the City's Housing Maintenance Code were found to exist, to-wit:
A. F,~ILURE TO CORRECT VIOLATION OF THE HOUSING MAINTENANCE
CODE
13. That all parties, including the License Holder and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1)
and 5A.303(1)(d).
CONCLUSIONS OF COUNCIL
1. That the building located at 1407-1409 Circle Terrace Bvld NE is in violation of the
provisions of the Columbia Heights City Code asset forth in the Compliance Order attached hereto;
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the revocation or suspension of the license held by License
Holder.
3. That all applicable rights and periods of appeal as relating to the license holder, owner,
occupant, or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license
number F3330 is hereby revoked/suspended (cross out one);
2. The City will post for the purpose of preventing occupancy a copy of this order on the
buildings covered by the license held by License Holder;
3. All tenants shall remove themselves from the premises within 60 days from the first day of
posting of this Order revoking the license as held by License Holder.
Passed the day of ,2000
Motion by:
Second by:
Roll Call:
City of Columbia Heights
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
CITY COUNCIL LETTER
Meeting of:
5/8/2O0O
AGENDA SECTION: BID CONSIDERATIONS
ITEM: REPLACEMENT OF UNIT #24 GMC DUMP
TRUCK, PLOW AND SANDER
ORIGINATING DEPARTMENT:
PUBLIC WORKS
BY: K. HS~n~~
DATE:
CITY MANAGER
Background:
Public Works Unit #24, a GMC Dump Track, was purchased in 1985 for $27,300. The existing Henke one way plow and
the Swenson rot type sander were purchased separately. Unit #24 is a 27,000 GVW class single axle dump track with a
gasoline engine and standard tramwninsion. Mechanically, Unit #24 is in poor condition. In spite of relatively low mileage
(62,419), it has had numerous major mechanical problems. The carburetor was replaced once, the chtch was replaced three
times, the electrical harness was replaced once, and the engine camshaft needs to be replaced. Unit #24 has always been
short of power when working under full load conditions. The body is in fair to poor condition, there is some rust around the
fenders, the floor board on the driver's side is badly rusted and the driver's door needs to be rephced.
In the 2,000 budget, $100,000 from the Streets Capital Equipment Replacement Fund has been designated to replace Unit
#24, dump track, snow plow and sander.
Analysis/Conclusions:
The demand for timely removal of snow and ice in an environmentally safe manner from City streets has increased
dramatically over the last ten years. The increased volume of traffic and the speed at which it lravels has made it necessary
for Public Works to have dependable equipment to provide acceptable levels of service. It is important for the City to invest
in equipment that makes full use of the technology that is avafiable today to provide prompt service in a safe and efficient
lnanHer.
Staff recommends the purchase of one new 33,000 GVW class dump mick with diesel engine and automatic transmission.
The new track would be equipped with a reversible front plow, wing plow, underbody plow, spinner sander which is typical
of the equipment setup of the other three single axle units in the Public Works operations. Unit #24, GMC dump truck, plow
and sander wit be disposed of at the Hennepin County vehicle auction. Staff estimated the salvage value at $5,000.
The State of Minnesota Cooperative Purchasing Program still has 1999 pricing effective for orders placed until May
17, 2000.
Recommended Motion: Move to purchase from the State of Minnesota Cooperative Purchasing Contract one (1)L8500
Sterling (Ford) single axle chassis from Boyer Trucks of Rogers, Minnesota, in the amount of $54,883.00 plus sales tax, and
snow plow mick equipment, dump box, front plow, wing plow, underbody plow and sander from J-Craft Inc. of Kimball,
Minnesota, in the amount of $41,243.00 plus sales tax and delivery. The total purchase amount of $96,126.00, plus sales
tax and delivery, wit be funded from Capital Equipment Fund 431-32121-5150. The existing truck #24 including plow
equipment will be disposed of at the Hennepin County Auction.
KH.'jb
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of:
5/8/20OO
AGENDA SECTION: BID CONSIDERATIONS
ITEM: REPLACEMENT OF UNIT #35A, THERMOLAY
CHASSIS MOUNTED POTHOLE PATCHER
ORIGINATING DEPARTMENT:
PUBLIC WORKS
CITY MANAGER
Background:
Public Works Unit # 35A, a Thermolay Pothole Patchef, was purchased in 1987 for $33,967. It is mounted on Unit #35, a
1994 Ford F/700 iruck chassis. The pothole patcher was purchased to improve the effectiveness and quality of pothole and
small utility cut repairs. It is used throughout the year to keep asphalt mix hot and ready for use.
Unit #35A has given the City 13 years of good service with minimal repairs. The auger, bearings, and the heating unit have
been replaced once. The tarp has been replaced three times. The total repair cost has been less than $4,000. The Thermolay
Company is out of business and repair parts will be difficult if not irapossible to fred.
In the 2000 Public Works budget, $45,000 from the Slxeets Capital Equipment Replacement Fund has been designated to
replace the pothole patcher.
Analysis/Conclusions:
Staff has been pleased with the performance of Unit #35A and recommends replacing it with a similar unit. The new pothole
pateher unlike Unit #35A will be equipped to use emulsion tack oil, which is more environmentally friendly than the MC 250
tack oil that is currently used.
The new pothole patcher will be mounted on Unit #35, 1994, Ford/700 chassis. Existing Unit #35A will be disposed of at
the Hennepin County equipment auction. Staff estimated the salvage value at $2,500.
Recommended Motion: Move to purchase from the State of Minnesota Cooperative Purchasing Contract: (1) new chasm
mounted HD Industries Model TCM415-160 Patch Box, from Ruffridge- Johnson Equipment Co., Inc. of Minneapolis,
Minnesota in the amount of $37, 129.00 plus sales tax and delivery, with funds from Capital Equipment Fund 431-43121 -
5180. The existing unit will be disposed of at the Heunepin County Auction.
Attachment:
Patcher Photo
COUNCIL ACTION:
PRO-P-ATCH
POTHO.LE PATCHER
... year-round economical solution to asphalt street problems
Units available in: 4.25 cubic yards, 5 cubic yards or 6 cubic yards, Asphalt hopper
plus truck chassis or trailer mounted versions.
H.D. IND U STRIES, IN C.
Pro-Patch Pot Hole Patchef
P.O. BOX 8250, JACKSONVILLE, TEXAS 75766
(903) 586-6126. FAX (903) 586-0904 · 1-800-256-6126
'AGENDA SECTION: Items for Consideration
ITEM: Variance
NO: Case # 2000-0511,819 49'~ Avenue NE
CITY COUNCIL LETTER
Meeting of: May 8, 2000
Issue Statement: This is a request for an 824 square foot variance to allow the construction of a two-level 18' x
24' addition onto the existing detached garage at 819 49m Avenue NE. This is also a request for a 3 foot height
variance.
Background: Section 9.104(5) of the Columbia Heights Zoning Ordinance states that no accessory structures,
including attached garages, or any combination of accessory structures shall exceed 1,000 square feet in area.
Currently, there is 960 square feet of accessory structure on the property, and an additional 864 square feet is
proposed. As a result, the 824 square foot variance is being requested. Section 9.104(5) of the Zoning Ordinance
requires that no accessory structure can exceed 15 feet in height, as measured to the highest point. Plans indicate
that the proposed addition will be 18 feet in height which requires a 3 foot variance.
Analysis: Section 9.105(3)(d) of the Zoning Ordinance states the following: "In recommending a variance, it
shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional
topography, soil conditions, tree number or location or water conditions the owner of such lot would have an
undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning
district." In order for a variance to be granted, hardship needs to be established. As indicated on the plan labeled
East View, the topography of the property drops from approximately 100 feet in elevation at the front of the
existing garage to roughly 92.5 feet at the back of the proposed addition. This change in elevation appears to
create a legitimate hardship on which to base an approval of the height variance. However, it is questionable
whether this creates a hardship which would require the excess accessory structure space. The Ordinance also
states that variances can be granted only when it is demonstrated that such action will be in keeping with the
spirit and intent of this Ordinance. As stated on the application, the proposal is intended to ereate additional
space for auto/boat storage, and the proposal will also allow space for the applicant to pursue his retirement
hobby of furniture restoration.
Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on May 2,
2000. They voted 3 - 1 to recommend City Council approval of the 3 foot height variance and the 824 square
foot variance at 819 49e~ Avenue NE because topography of the property creates a hardship and the proposal is
consistent with the spirit and intent of the Columbia Heights Zoning Ordinance. Please note that the staff
recommendation in the attached staff report recommended denial of the request because it was staff' s opinion
that a legitimate hardship had not been demonstrated.
Recommended Motion:
Move to approve the 3 foot height variance and the 824 square foot variance at 819 492 Avenue NE because
topography of the property creates a hardship and the proposal is consistent with the spirit and intent of the
Columbia Heights Zoning Ordinance.
Attachments: Staff Report; Completed application form; Site Plan; Elevation Fiew; and Public Notice
COUNCIL ACTION:
Case: 2000-0511
Page: 1
STAFF REPORT TO TFIE PLANNING AND ZONING COMMISSION
FOR THE MAY 2, 2000 PUBLIC HEARING
Case #: 2000-0511
GENERAL INFORMATION
Owner:
Address:
Phone:
Richard Kinnan
819 49m Avenue NE
Columbia Heights, MN 55421
(763) 571-5744
Parcel Address: 819 49m Avenue NE
Applicant: same
Zoning: R-l, Single Family Residential
Comprehensive Plan: LDR, Low Density Residential
Surrounding Zoning
and Land Uses:
Zoning
North: R-1
South: City of Hilltop
East: R-1
West: R-1
Land Use
North: Residential
South: I.S.D. # 13
East: Residential
West: Residential
BACKGROUND
Explanation of Request:
This is a request for an 824 square foot variance to allow the construction of a two-level 18' x 24'
addition onto the existing detached garage at .819 49~' Avenue NE. Section 9.104(5) of the
Columbia Heights Zoning Ordinance states that no accessory structures, including attached
garages, or any combination of accessory structures shall exceed 1,000 square feet in area.
Currently, there is 960 square feet of accessory structure on the property, and an additional 864
square feet is proposed. As a result, the 824 square foot variance is being requested. This is also
a request for a 3 foot height variance. Section 9.104(5) of the Zoning Ordinance requires that no
accessory structure can exceed 15 feet in height, as measured to the highest point. Plans indicate
that the proposed addition will be 18 feet in height which requires a 3 foot variance.
As stated on the application, the purpose of the request is to provide additional space for
auto/boat parking, and also to allow space to pursue the applicants retirement hobby of furniture
restoration.
Case: 2000-0511
Page: 2
Case History:
There are no pertinent zoning cases on the lot or in the surrounding area.
ANALYSIS
Surrounding Property:
The surrounding property to the north, east and west is zoned R-l, Single Family Residential,
and is used residentially. The property to the south across 49th Avenue NE is in the City of
Hilltop and is used by Independent School District # 13 for Valley View Elementary and Central
Middle School.
Technical Review:
Accessory structures are regulated under Section 9.104(5) of the Zoning Ordinance.
Requirements are as follows.
· No accessory structure shall exceed the height of the principal structure or fifteen (15)
feet, whichever is less - plans indicate that the proposed garage will be 18 feet to the
highest point which requires a variance.
· No accessory structure or combination of accessory structures shall exceed 1,000 square
feet - the proposed addition will be two levels at 432 square feet per level for a total of
864 square feet. The existing detached garage is 624 square feet and there is an existing
attached garage which is 336 square feet. The cumulative square footage for accessory
stmctttres on the property will be 1,824 square feet.
· Any lot over 6,500 square feet in size may have a lot coverage of up to 30% - the lot
coverage will be approximately 23% which meets this requirement.
· Detached accessory structures must be six (6) feet or more from the principal structure -
the existing detached garage is approximately 25 feet away from the principal structure
and the proposed addition will be behind the existing detached garage.
· Whenever a garage is designed so that the vehicle entry door is facing a street or alley,
the distance between the door and the lot line shall be 20 feet or more - the existing
detached garage is roughly 95 feet from the front lot line which meets this requirement.
· Accessory stntctures shall be a minimum of 3 feet inside the side and rear lot lines as
approved by the Building Official - the existing detached garage and proposed addition is
3 feet from the side lot line and the addition will be 5 feet from the rear lot line.
Section 9.105(3)(d) of the Zoning Ordinance states the following: "In recommending a variance,
it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of
exceptional topography, soil conditions, tree number or location or water conditions the owner of
such lot would have an undue hardship in using his lot in a manner customary and legally
permissible within the rules of the zoning district." In order for a variance to be granted,
hardship needs to be established.
As indicated on the plan labeled East View, the topography of the property drops from
Cas~: 2000-0511
Page: 3
approximately 100 feet in elevation at the front of the existing garage to roughly 92.5 feet at the
back of the proposed addition. This change in elevation appears to create a legitimate hardship
on which to base an approval of the height variance. However, it does not seem to create a
hardship which would require the excess accessory structure space.
As mentioned above, the applicant is proposing the addition to the existing detached garage to
create additional space for auto/boat storage and to have a workshop to restore furniture as a
hobby. One issue that should be identified is the possibility of this hobby becoming a home
occupation. Home occupation is deemed as any gainful operation or profession engaged in by an
occupant of a dwelling unit. Such use must be clearly incidental and secondary to the principal
use of the dwelling for residential purposes and shall not change the residential character of the
dwelling or have an adverse effect on adjacent properties nor constitute a nuisance or safety
hazard. Please note that home occupations are permitted as an accessory use in the R-1 District
provided they register with the City. Also, no outside storage of products, materials or
equipment connected with the home occupation is allowed, and if the home occupation is
conducted in a garage, the minimum mount of required garage parking spaces shall be
maintained for parking. Please note that the Zoning Ordinance requires a minimum of two off-
street parking spaces for single family dwellings, one of which shall be in a garage. In addition,
Section 5A.207(1)(f) of the Housing Maintenance Code states: "Outside storage of articles,
equipment, construction materials,. items not designed for exterior use, and miscellaneous items,
including but not limited to, lawn mowers and other lawn maintenance equipment shall not be
allowed."
Considering that there is also an attached garage on the property, the parking requirement can be
met without the construction of the addition. However, the additional space may be necessary to
comply with the requirements of the Housing Maintenance Code. Please note that according to
the Columbia Heights Fire Department no violations of the Housing Maintenance Code on the
subject property have been reported to the City.
As mentioned above, hardship needs to be established for a variance to be granted. Section
9.105(3)(d) of the Zoning Ordinance also states that the Commission shall hear requests for
variances from the literal provisions of this Ordinance in instances where their "strict
enforcement would cause undue hardship because of circumstances unique to the individual
property under consideration and to recommend variances only when it is demonstrated that such
action will be in keeping with the spirit and intent of this Ordinance".
Section 1 of the Zoning Ordinance identifies the intent and purpose of the Ordinance. Four of
the purpose statements are identified below:
· protecting the public health, safety, and general welfare;
· dividing the City into zones and districts restricting and regulating therein the location,
height, number of stories, size of buildings and other structures, the percentage of lot
which may be occupied, the size of yards and other open spaces, and the density and ·
distribution ofp0pulation;
Case: 2000-0511
Page: 4
· providing adequate light, air, and convenience of access to property; and,
· preventing overcrowding of land and undue concentration of structures by regulating the
use of land and buildings and the bulk ofbnildings in relation to the land and buildings
surrounding them.
Staff is aware of one previous case where a variance was granted to allow accessory structm'es in
excess of the maximum allowed. The following briefly summarizes this case.
· Case 9807-34 was a variance of 2,072 square feet at 4015 Stinson Boulevard to allow the
total square footage of all existing and proposed accessory structures on the lot to be
3,072 square feet. Unusual topography and potential loss of trees and shrubbery around
the existing garage were identified as a hardship. At the time of the request, the property
had the following accessory structures: One 462 square foot garage (21' x 22'); One 154
square foot shed (7' x 22'); and, a'576 square foot guest cabin. The proposal indicated a
new two-level attached garage would be constructed, totaling 1,880 square feet (940
square feet per level). The applicant demonstrated that due to the topography on the lot a
two story garage was necessary, or a large mount of fill would need to be brought in to
elevate the main floor of the garage to the same level as the house. Also, if the existing
accessory structures were required to be removed, there would be a substantial loss of
existing trees' and shrubbery on the subject parcel and adjacent property.
Compliance with City Comprehensive Plan:
The City Comprehensive Plan designates this area for future Low Density Residential
Development. The proposal does not impact the goals and objectives of the City Comprehensive
Plan.
Summary:
The positive aspects of this proposal are as follows:
1. The proposal will ereate additional space for auto/boat storage, and the proposal will also
allow space for the applicant to pursue his retirement hobby of furniture restoration.
The negative aspects of this proposal arc as follows:
1. The proposal is in excess of the maximum square footage allowed for accessory
structures.
CONCLUSION
Staff Recommendation:
Staff recommends denial of the request because there does not appear to bca legitimate hardship
on which to base approval of the size variance, although topography of the property does create a
hardship for the height. It is staffs opinion that because minimum lot coverage and setback
requirements will bc met, the property will not be overcrowded, and adequate light, air, and
convenient access to the property will bc maintained, so the proposal seems consistent with the
spirit and intent of the Ordinance. However, the property will exceed the minimum number of
Case: 2000-0511
Page: 5
parking spaces required, and hardship still needs to be established to grant the variance.
Recommended Motion:
Move to recommend City Council denial of the variance request because a legitimate hardship
has not been established.
Alternative Motion Recommending Approval:
Move to recommend City Council approval of the 3 foot height variance and the 824 square foot
variance at 819 49m Avenue NE because topography of the property creates a hardship and the
proposal is consistent with the spirit and intent of the Columbia Heights Zoning Ordinance.
Attachments:
· Completed application form; Site Plan; Elevation View; and Public Notice
CITY OF C0LUHBIA HEIGHTS
Application For:
Bezoniug
Variance
Privacy Fence
Conditional Use.Permit
Subdivision Approval
Site Plan Approval
O~her
Street Address of Subject Property:
Legal Description of Subject Property,
ADDlicant
Address
Phone:
Application Date:
Ca.e .o, tY05
j
Fee: ~~ Date Paid
Owner,
Name:
Address:
Phone:
Description of Bequest:
/~/oa ~, ~ /~/
Zonin2:
Applicable City ,Ordinance Number
Present Zonin2 ~' [
Section
Proposed Zoning
Exhibits Submitted (maps, diagrams, etc.) 5'trE/)~(~,~Yi//~& ~ ~<M~f~
Acknovledament and Signature: The undersi~ned hereby represents upon all of ~he
penalties of law, for the purpose of inducing the City of Columbia aeiShts to take
action herein requested, that all statements herein are true and that all work here~n
mennioned will be done in accordance with the Ordinances of the City of Columbia Heights
and the laws of the Snare of Minnesota.
Signature of Applicant: (~~a~--~ Date:
Taken
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CITY Of COLUMBIA HEIGHTS
590 AOTH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (6 ! 2) 782-2800 TDD 782-2806
PLEASE NOTE: CII'Y HALL PHONE NUMBERS HAVE CHANGED.
NEW NUMSERS A~E: MA~ Nzn~iBER (763) 706-3600; TDD (763) 706-3691
PLANNING AND ZONING COMMISSION
NOTICE OF PUBLIC HEARING
Members
Tom Ramsd~l, Chair
Kevin Hanson
Ted Yehle
Daniel Shattuck
Stephen Johnson
Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing
in the City Council Chambers of City Hall, 590 40a' Avenue NE, at 7:00 PM on Tuesday, May 2,
2000. The order of business is as follows:
A request for an 824 square foot variance to allow the construction of a two-
level 18' x 24' addition onto the existing detached garage at 819 49"' Avenue NE.
Section 9.104(5) of the Columbia Heights Zoning Ordinance states that no
accessory structures, including attached garages, or any combination of
accessory structures shall exceed 1,000 square feet in area. Currently there is
960 square feet.of accessory structure on the property, and an additional 864
square feet is proposed. As a result, the 824 square foot variance is being
requested.
This is also a request for a 3 foot height variance. Section 9.104(5) of the
Zoning Ordinance requires that no accessory structure can exceed 15 feet in
height, as measured to the highest point. Plans indicate that the proposed
addition will be 18 feet in height which requires a 3 foot variance.
For questions you may contact Joe Hollman, City Planner, at 763-706-3673.
Planning and Zoning Commission
CITY OF COLUMBIA HEIGHTS
Walt Fehst
City Manager
jh
The City of Columbia Heights does not discriminate on the basis of disability in the admission or
access to, or treatment or employment in, its services, programs, or activities. Upon request,
accommodation will be provided to allow individuals with disabilities to participate in all City of
Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons
are available upon request when the request is made at least 96 hours in advance. Please call
the City Council Secretary at 706-3611 to make arrangements. (TDD/706-3692 for deaf or
hearing impaired only.)
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY' EMPLOYER
CITY COUNCIL LETTER
Me~ting of:
5/8/2000
AGENDA SECTION: OTHER BUSINESS
~O: ~ ' C '~L
ITEM: RESOLUTION APPROVING TH 47 SOUND
WALL PLANS, PREPARED BY MNDOT
ORIGINATING DEPARTMENT:
PUBLIC WORKS
BY: K. ~/2/~
DATE:
CITYMANAGER
DA
Background: MnDOT presented their proposal for sound wall project on TH 47, University Avenue from just north of 53~d
Avenue in Fridley to 44t Avenue in Columbia Heights at the January 3 work session. Only sketch plans were available at
that time and the Council altoproved the plans on a preliminary basis, with final approval to be considered once fmid plans are
available. Attached are copies of MnDOT's final layout plans dated April 24"', 2000.
Analysis/Conclusions: During the fmal design process, MnDOT discovered they could not place the sound wall with
footings in the original location along the fence line due to utility conflicts. The final design has moved the wall about eight
feet closer to the roadway. Although this will help preserve much of the Ixee and shrub growth along University, it will an 8
foot space of additional ground area from the old fence line to the sound wall, that MnDOT has indicated they will not
maintain. As part of the plans the existing chain link fence will be removed.
Because of the revised location of the sound wall, MnDOT held another public meeting April 18~ at the Fridley City Hall to
review the project and make a determination for public support of the revised sound wall project. Notices were sent to
parcels on both sides of University, from 44e" to 45a~ Avenues (for Columbia. Heights). On the basis of that meeting and with
continuing support from the City of Fridley, MnDOT will proceed with the installation of the wall from TH 694 to 45~
Avenue in Fridley. The 2"d public meeting attendance sheet indicated that I resident was opposed, while 2 still favored the
wall. There are a total of ten properties that directly abut TH 47 in Columbia Heights in the proposed project area. MnDOT
has indicated they will not proceed with the Columbia Heights portion (44t to 45~ Avenue) without the City's approval.
Staff will contact the other property owners (not attending the 4/18/00 info meeting) dlree~y abutting TH 47, from
44s' to 45i prior to Monday's City Conneff meeting for additional input on the sound wall proposal.
Another issue that came up at the public meeting was the issue of reflective noise, and will it be any different with the wall
being closer to the roadway. The sound experts from MnDOT indicated that this will not have an impact on the reflective
noise across University by moving the wall 8 feet. Another issue that was discussed was plantings in front of the wall.
Became there will ouly be a 5 foot space between the back of curb and the face of the wall, MnDOT will not allow planting
in this area. The aesthetic treatment to the wall will require City participation. A drawing indicating decorative wall panels,
which would be applied to 20% of the entire length, is attached. Since approximately 10 percent of the wall would be in
Columbia Heights, MnDOT has proposed that 10 percent of lxeatment cost be shared by the City. This amounts to an
estimated cost of $3,200, which can be funded by the City's State-Aid account.
Recommended Motion: Move to waive the reading of the Resolution, there being ample copies available to the public.
Recommended Motion: Move to adopt Resolution #2000-05 approving the final plans for the installation of a sound wall
on the west side of TH 47, University Avenue, from 45i to 44i Avenues.
Attachments: MnDOT drawings
COUNCIL ACTION:
RESOLUTION N 3.2000-05
APPROVING PLANS PREPARED BY THE MINNESOTA DEPARTMENT
OF TRANSPORTATION FOR THE INSTALLATION OF
SOUND WALL ON THE ~W~ST SIDE OF TH 47
UNIVERSITY AVENUE, FROM 45TM TO 44TM AVENUES
WHEREAS, the Minnesota Department of Transporation has prepared construction plans for the
installation of noise walls along the west side of T.H. 47 from 44th Avenue to 459 Avenue in
Columbia Heights, and;
WHEREAS, the Minnesota Department of Transpor ation is scheduled to let the project in late
June of 2000, and;
WHEREAS, the Minnesota Department of Transportation will provide cons~ction contract
administration for the 2000 construction season, and
WHEREAS, the Commissioner of Transportation requires a resolution from local municipalities
approving the project plans.
NOW, THEREFORE, BE IT RESOLVED, by the C:' ty Council of the City of Columbia Heights
that the City of Columbia Heights approves the cons' taction plans prepared by Mn/DOT bearing
the general title State Project SP 0205-75.
Dated this 8th day of May, 2000.
Offered by:
Seconded by:
Roll Call:
CITY CF COLUMBIA HEIGHTS
BY
Mayor
Patty Muscovitz, Deputy City Clerk
AVE.
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AGENDA SECTION:
NO:
ITEM:
CITY OF COLUMBIA HEIGHTS
Items for Consideration-
Other Business
Appointment of Business Representative
to Joint Community Task Force
Meeting of: May 8, 2000
ORIGINATING CITY MANAGER
DEPARTMENT: APPROVAL
Community DeveloRment
DATE: May 3, 2000
ISSUE STATEMENT: Request City Council approval of appointment of Business Community
Representative for Columbia Heights on the Joint Community Task Force.
BACKGROUND: As follow up to the joint meeting of the City Council' s of Columbia Heights and
Fridley held on February 29, 2000, it was agreed to undertake a cooperative effort to identify strategy's
to create redevelopmerit opportunities within a defined study area which included property within both
cities. In order to undertake this process, it was determined that the best organizational structure would
include a Technical Advisory Committee consisting of staff members of both communities and the
affected school districts. Also, a Task Force will be established and consist often voting members.
Four members will represent the City of Fridley and will include a City Councilmember, an HRA
Commissioner, a Planning Commissioner, and a business community representative. Four members will
be appointed from the City of Columbia Heights and will consist of a Councilmember, EDA
Commissioner, Planning and Zoning Commissioner, and business community representative. There will
be one Chair person who is non-affiliated with the cities - David Behlow, Superintendent of ISD No. 13.
A recent change will be the addition of a school board representative from ISD No. 14. The City
Managers will serve as ex-officio members. The Joint Task Force is proposed to meet approximately six
times and be completed late this year.
ANALYSIS: On April 10, the City Council appointed the following members to the Joint Task Force
from the City of Columbia Heights.
City Councilmember Julienne Wyckoff
EDA Commissioner Marlsine Szurek
Planning and Zoning Commissioner Tom Ramsdell
Business Community Representative
An interested Business Community Representative was not appointed on April 10th. A memorandum
was distributed to the Council on May 3'a with a list of the four persons interested in serving as the
Business Representative.
RECOMMENDATION: Staff is recommending the City Council appoint one of the four interested
individuals to serve as the Business Community Representative.
RECOMMENDED MOTION: Move to appoint as the Business
Community Representative for Columbia Heights on the Joint Community Task Force.
COUNCIL ACTION:
H: \Appoint. of Business-Taskforce
THEMINUTESOFTHE
TELECOMMUNICATIONS COMMISSION
FROM
THURSDAY, APRIL 20, 2000
The meeting was called to order at 7:03 p.m. by Dennis Stroik, Chairperson.
ROLL CALL: Commission Members:
City Representative:
P ppr ue_c\
Dennis Stroik, Dan Swee, Bradley Peterson, and Bob Buboltz
Linda Magee
Steve G-~.vetta
Also in attendance were Chris Julian and John Manka, VP's of Market Development for Wide Open West (WOW).
APPROVAL OF MINUTF. S
Motion by Dan Swee, seconded by Brad Peterson, to approve the minutes from the meeting of March 16, 2000. All ayes.
OLD BUSINESS
A. Channel Check
Everything checked out ok.
B. Correspondence Log and Comphint Follow Up.
No formal complaints were received. Kathi did check on the complaint filed on behalf of Don Murzyn that was
reported at the last meeting. He had complained about the number of ser','ice calls and the number of people he
had to speak with to get a problem fixed. I(athi reported that he only had two service calls over the last four
months. However, there were two calls that had been canceled arid rescheduled by the Murzyns.
C. Extension Deadline for Additional Annual Report Items
Enclosed in the agenda packet was a copy of the letter sent to MediaOne from the City Manager extending the
deadline for the subscriber survey to June 1, 2000. This letter also gives approval for doing the survey on-line on
a irial basis for collection of this year's dam.
D. Other Old Business
There was no other old business.
NEW aUSPdESS
A. Request for a Franchise by Wide Open West - WOW
The City of Columbia Heights has received a Request for a Franchise by Wide Open West. They would like to
he a full service open network provider in our area for cable TV, internet senrice, and voice services. They feel
that internet service is the wave of the future and the demand for such would be a large part of their market.
Chris Julian and John Manka, the VP's of Market Development, were present to make a presentation to the
Contmission.
TELECOMMUNICATIONS COMMISSION
MINUTES FROM MEETING OF
APRIL 20, 2000
PAGE 2
B
Ea
Presentation by Chris Julian and John Manka, VP Market Development, Wide Open West
Chris and John gave a presentation briefly describing the goals of their company to obtain franchises and market
their services for complete open access network services in the metro area. As this is a booming market, they
feel confident they can compete with the current provider for subscribers. Other local ISP ser,,ices will be able
to be included in their service. They explained their market area is basically west of the Mississippi, and their
Corporate headq~ers are in Denver. WOW wants to build the country's best residential service network.
Even though they are a young company, they have an experienced management team. Chris and John reviewed
their proposed internet services-digital TV service-customer service standards, and the network design of their
system. They explained that the basic service will be made up of approximately 80 chatreels of analog service.
This service can be plugged direc~y into televisions. Digital service will require a converL,-r box. T'ne capacity
of the digital service will be over 100 channels to begin, with plans to provide 350 cb. annels in the future.
Dan asked about the affordability of their services? WOW representatives responded that it will be priced to
attract new customers and to possibly lure away those who curren~y subscribe with the MediaOne.
Notice of Intent to Franchise
Linda stated this will be taken to the City Council on Monday, April 24, 2000. The franchising authority needs to
publish this notice once a week for two consecutive weeks. The Notice of Intent will be publ'~hed on May 4 and
May 11 if approved by the Council. The cornmission, therefore, needs to malce a recommendation to the
Council regarding publishing this notice and requesting applications for such.
Motion by Dennis, seconded by Dan, to recommend the City of Columbia Heights proceed with U~e publishing of
the Notice of Intent to Franchise, and to solicit applications fi'om qualified entities that are interested in
constructing a cable system and providing cable service within the city limits. All ayes.
Competitive Franchise Procedures
Steve G-v-vetta has submitted an updated version of Competitive Franchising Policies and Procedures governing
application, review, and recommendations regarding grant of competitive cable franchises. Upon the
recommendation of the commission, the new policies and procedures needs to be adopted by the City Council.
Motion by Bob, seconded by Brad to recommend the City Council adopt the Policies and Procedures Governing
Application, Review, and Recommendations Regarding Grant of Competitive Cable Franchises dated April 12,
2000, as presented. All ayes.
MACTA Legislative Issues Luncheon
The notice for a luncheon that will be held May 5~ and the topics that will be discussed was enclosed in the
agenda packets. Anyone interested in attending should notify Shelley by Monday, April 24·. Linda reported she
will be attending.
Other New Business
We also received a copy of a letter sent to Tom Creighton from Everest Connections ~tion, a
subsidiary of GLA International, of their intent to franchise with the City of Minneapolis and
surrounding areas served by MediaOne.
Dennis received an invitation to the Mayor's Prayer Breakfast that will be held on May 16"' at 7 am. He
inquired if any of the commission members are interested in attending.
TELECOMMUNICATIONS COMMISSION
MINUTES FROM MEETING OF
APRIL 20, 2000
PAGE 3
REPORTS
A. Report of Commissioners
No reports. Re-assigning the commission members to the access channels should be addressed at the next
B. Report of MediaOne-
Kathi was not available for this meeting, however, the March reports were enclosed in the agenda packets.
C. Report of the Cable Attorney
Steve Guzzetta reported that an agreement with MediaOne has been fmalized regarding trade secret information.
They will need to supply a justification of the reason information is considered secret for data practices requests.
He also reported the legislation session is almost over. Mostof the bills regarding telecommunications have
died. They are looking to the next session and are planning accordingly.
Steve notified the commission that Tom Creighton, Mike Bradley, and he are leaving Bernick and Lifson and
will be forming their own firm. This is effective May 1 ':. They will stay on as our legal counsel.
D. Report of the Assistant to the City Manager
Linda notified the commission members that at the City Council meeting on April 24a, the council will be
authorizing the Mayor and City Council to enter into an agreement with Metricore for Use of our Right of Ways,
subject to the inclusion of the provisions as outlined in the model agreement prepared by Bemick and Lifson.
These provisions have already been accepted by Metricore in their agreement with Minneapolis. Linda will keep
the commission informed whether this is accepted by Metricore or not.
Motion by Dan Swee, seconded by Brad Peterson, to adjourn the meeting at 8:10 pm. All ayes.
Respectfully submitted,
Shelley Hanson ~
Secretary
Patty Muscovitz
Council Secretary
THESE MINUTES HAVE
NOT BEEN APPRO"]ED
City of Columbia Heights
Park and Recreation ~mkSion
April 26~ 2000:
The meeting was called to order by Eileen Evans at 6:3 1 p.m,
ROI~L CALL
Members present:
Eileen Evans; Pat Cullen; Jerry Foss; Bruce Msgnqea~!l;Ggy
Mayer, Scott. Niemeyer.,~Poterson; Ksilh W'mdsohitl,
Recreation Director; Kevin Hansen, Public Works DLnsetor/City
Engineer
Members~sent:
Bob Ruettirnan
Also pns~nt:
Kris Bjork, 3932 Ulysses St. N.E., Columbia Heights
APPROVAL CONSENT AGENDA
Motion by Ruettimann, second by Foss to approve the consent agenda. All ayes, motion carried.
LETTERS AND REQUESTS
REQUEST FOR PAVED HOCKEY RINK AT OSTRANDER PAI~K/~RJSTIb]P- R,~OI~K
Kristine Bjork of 3932 Ulysses St N.E., Columbia Heights, addressed the members with her
request that the hockey rink at Ostrander Park be paved for roller blsders and skatebomiing. She
indicated that the neiEhborhood kids are playing hockey in the street, and the police have been
telling them to get off the streeL She feels it would be beneficial to the kids and the
neighborhood to provide them with a paved area for this type of activity. The Public Works
Director/City Engineer explained that there are no plans at this time for paving in Ostrander Park
due to the settlement problems in the park. The building at Ostrander Park was recently repaired
because of settlernent problems. Also, according to the mn'vey done in 1996, skateboarding
ranked lowest for potential use bY the residents. The survey also showed that ~ Park is
neighborhood park with a small focus. There are paved areas available for use in McKenna,
Gauvitte, and Keyes Parks. Staff also feels it is a liability issue and will require resuffacing the
area every year. Ms. Bjork expressed her disappoinUnent with this decision.
OLD BUSINESS
MURZYN HALL POLICY CHANGES
The Recreation Director advised members that we have had a few calls ngarrl_i_n_g the recent
Murzyn Hall policy changes. There was some misleading information in the local newspaper.
PAGE TWO
If any of the groups that would be charged have a concern, they stffi have the option of
requesting that their fee be waived by writing a letter to the Park & Recr~tion Commission.
DNR GRANTS
The Public Works Director/City Engineer advised members that the DNR grant applications have
been submitted for consideration. There were a total of five grant applications submitted.
Members had the opportunity to look at the grant applications and plans for Ramsdell Park. Staff
should know the stares of the grant applications by the May meeting.
NEW BUSINESS
FIREWORKS BIDS
The Recreation Director reported that letters were sent to two vendors seeking bids for the
fireworks display scheduled for Saturday, June 24. We have received $3,000 in donations from
commBnity groups for the fireworks display. Bids are due to the Recreation Office by Friday,
April 28.
BLEACHER COMPLIANCE LEGISLATION
The Public Works Director/City Engineer reported that the state legislature has revised the law
regarding bleachers. In 1999, all cities were required by law to make safety improvements to
bleachers to protect people from falling through them. Recently the legislature lessened the
requiretnents and extended the time deadline to 2002. We have eleven bleachers total andsix
that can be retrofitted. Five bleachers at Hum Park need to be replaced. We budgeted $20,000;
however, that will not be enough to come into compliauce. It will cost $8,000 to $9,000 for each
new set of bleachers. Staff recommends that we purchase two sets of bleachers this year and
three sets next year. The building official will be asked to look at the bleachers.
REPORTS
RECREATION DIRECTOR
Staff will soon begin seeking bids on the wood floor. The company that worked on the
floor last year put down an oil based product, whie, h did not hold up very well We need
a moisture cured process; however, we can't put that over the oil based product. We have
budgeted $4,000 for the project The floor is 3,300 square feet.
Members were advised that we may have to move the May meeting to another location,
depending on the chemical smell in the building during the refinishing of the wood floor.
Members suggested a tour of the parks.
Staff has received several requests for overnight rentals since the new policy was
adopted. Staff believes this is a good policy and will be helpful.
PAGE THREE
A resident wrote to the owner of Medtrouic to request a donation for building a
community center. The City Manager has been advised of the letter.
Staff will be purchasing a Kromer machine for groomin~ the softball fields. The
Boosters donated $5,000 toward the purchase of the Kromer. It will be stored in the
block garage and used at night for ball games and for tournaments. It will have a line
sprayer attachment. The Kromer machine is one year old and has a one year warranty.
The Recreation Director thanked Janice McGhee-Fetzer for servin~ as secretsty for the
Recreation Office and the Park & Recreation Commission. Today is Professional
Secretaries Day.
PUBLIC WORKS DIRECTOR/CITY ENGINEER
- The si~yns at Huset Park have been built and Lnstalled by Park Department crews.
lVIEMBERS
Members asked if we are doing a park tour this year. R was suggested that we go on a
park tour at the May meeting. Members will be notified regarding this next month prior
to our meeting.
Motion by Foss, second by Niemeyer to adjoum. All ayes, motion carried. Meeang adjourned
at 7:26 p.m.
Janice McGhee-Fetzer, Park & Recreation Commission Secretary
MinutesxApril00
CITY Of COLUMBIA HEIGHTS
590 4OTH AVENUE N.E., COLUMBIA HEIGHTS, MN 5542 !-3878 (6 ! 2) 782-2800 TDD 782-2806
PLANNIN6 AND ZONIN6 COMMISSION
REGULAR MEETING- MINUTES
May 2, 2000
MEMBERS
Tom Ranmid, Ch,,i'
Keyin Hanson
Ted Yakhi
Stephen Johnsen
Danid hattuck
el-A-3
The May 2, 2000 Planning and Zoning Commission meeting was called to order by Chairperson Ramsdell at 7:00
p.m. Members present were Johnson, Shattuck, Yehle and Ramsdell. Commissioner Hanson was not present.
Also present were Joe Hollman (City Planner), Kathryn Pepin (Secretary to the Planning and Zoning Cammission),
Ken Anderson (Community Development Director), and Jim Hoeft (City Attorney).
MOTION by Yehle, seconded by Shattuck, to approve the minutes from the meeting of April 4, 2000 as presented
in writing. Voice Vote: All Ayes. Motion passed.
NEW BUSINESS
Public Hearing
Variance
Case//2000-0510
Matthew Heath
4252 Washington St. N.E.
Columbia Heights, Mn.
Mr. Hollman presented the request of Mr. Heath for a 17 foot rear yard setback variance to allow the construction
of a 528 square foot garage set three (3) feet from the rear property line at 4252 Washington Street N.E. Section
9.104(5) of the Columbia Heights Zoning Ordinance requires that the distance between the vehicle entry door and
the lot line shall be 20 feet or more whenever a garage is designed so that the vehicle entry door is facing a street
or alley.
He informed the Commission that the surrounding property in all four directions is zoned R-2, One and Two Family
Residential, and is used residentially.
Mr. Hollman stated that accessory structures are regulated under Section g. 104(5) of the Zoning Ordinance with
requirements as follows:
No accessory structure shall exceed the height of the principal structure or fifteen (15) feet, whichever is
less. The proposed garage will be roughly 13 feet in height.
No accessory structure or combination of accessory structures shall exceed 1,000 square feet. The
proposed garage will be 528 square feet which meets this requirement.
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
PLANNING AND ZONING COMMISSION
REGULAR MEETING- MINUTES
MAY 2, 2000
Page 2
Any lot less than 6,500 square feet may have a lot coverage of up to 35%. The lot coverage will be
approximately 22% which meets this requirement.
Detached accessory structures must be six (6) feet or more from the principal structure. The proposed
location of the garage is roughly 40 feet from the principal structure.
Whenever a garage is designed so that the vehicle entry door is facing a street or alley, the distance
between the door and the lot line shall he 20 feet or more. The vehicle entry door will he three (3) feet
from the rear lot line, therefore, a variance is naceseary.
Accessory structures shall be a minimum of three (3) feet from the side lot lines as approved by the
Building Official. The proposed location of the garage is four (4) feet from the north side lot line and 12
feet from the south side lot line.
Mr. Hollman stated that the primary purpose of the 20 foot setback rsquiroment is to allow enough room on the
property for a vehicle to park in the driveway without encroaching into the street or alley right-of-way. He noted
that the applicant has informed staff that he intends to utilize an existing parking pad Incated to the south of the
proposed garage.
Section 9.105(3)(d) of the Zoning Ordinance states the following: "In recommending a variance, it shall be found
that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil
conditions, tree numher or location or water conditions the owner of such lot would have an undue hardship in using
his lot in a manner customary and legally permissible within the rules of the zoning district." Mr. Hollman reminded
the Commission that, in order for a variance to be granted, hardship needs to be established.
Mr. Hollman added that there is an existing Linden tree located roughly 27 feet east of the rear property line which
would need to he removed if the garage were constructed at the required 20 foot setback. According to the
definition of hardship provided in the Zoning Ordinance, tree location is a legitimate hardship. Also, the City has
granted variances due to tree location in several other instances. The following briefly summarizes two similar
cases.
Case 9805-24 was a variance of seven (7) feet at 5055 Madison St. N.E to allow the construction of a
garage with the vehicle entry door 13 feet from the property line. This request for a variance was
approved due to tree location and number on the lot.
Case 9810-45 was a variance of eight (8) feet at 2303 Maiden Lane N.E to allow the construction of a
garage with the vehicle entry door 12 feet from the property line. This variance was granted because tree
location' and topography on the property created a hardship.
Mr. Hollman stated that one option staff has considered is the possibility of rotating the garage so that the vehicle
entry door faced south instead of west. If this were done, the proposed location would meet minimum setback
PLANNING AND ZONING COMMISSION
REGULAR MEETING- MINUTES
MAY 2, 2000
Page 3
requirements. However, there would only be 12 feet between the vehicle entry door and the south property line
which would make it difficult to maneuver a vehicle in and out of the garage. He noted that there is an existing
garage and lean-to in the same location as the proposed garage which will be removed. The vehicle entry door of
the existing garage faces south, but the applicant has stated that there is not enough room to maneuver his vehicle
in and out of the garage due to the proximity to the south property line.
Mr. Hollman road a memo from the City Forester regarding the status of the Linden tree in Mr. Heath's yard. The
tree was described as being 12 to 14 inches in diameter and reasonably healthy in an adverse environment due to
the dirt pile on the east side of the tree and the lean-to in the west side of the tree. It was the Forestor's opinion
that the new garage and removal of the existing structures will disturb the root system and result in possible death
of the tree. The Public Works Director stated in his memo that it would be his opinion that the garage should be set
back at least five feet from the rear lot line to allow for more room for snow storage off the alley.
Chairperson Ramsdell opened the public hearing.
Matthew Heath was present to present pictures of the Linden tree to the Commission members. He stated that this
was the only tree in the rear yard and provided a lot of shade in the area. The new garage would be built away
from the tree and the mound of dirt would be used for fill and landscaping. He added that he would have more room
in the new garage to park his vehicle where he is unable to do so at this time due to access as maneuvering his
Dodge Dakota pick-up with an extended cab is difficult. The new garage will still require him to maneuver in and
out but not as much as now.
Commissioner Ramsdell felt the new garage would be an improvement but would rather see it built at the twenty
foot setback distance especially if the tree may not survive anyway. He cautioned Mr. Heath that there must not
be any parking of vehicles at the front of the garage due to its close proximity to the alley.
Commissioner Shattuck felt the property would have more resale value with the garage set twenty feet back rather
than right on the alley. He added that new trees could then replace the one removed.
Commissioner Johnson stated that from a real estate standpoint, a mature tree providing shade is worth a lot to
some people.
Chairperson Ramsdell closed the public hearing.
Motbe by Yehle, seconded by Shattuck, to recommend to the City Council the approval of the 17 foot setback
variance at 4252 Washington Street N.E. due to the hardship of tree location on the property. Voice Vote: All Ayes
Motion carried.
**THIS ITEM TO APPEAR ON THE MAY 8, 2000 CITY COUNCIL MEETING.
PLANNING AND ZONING COMMISSION
REGULAR MEETING- MINUTES
MAY 2, 2000
Page 4
Gm
Public Hearing
Two Variances
Case #2000-0511
Richard Kinnan
819 N.E. 49" Ave.
Columbia Heights, Mn.
Mr. Hollman presented the request of Richard Kinnan for a 824 square foot variance to allow the construction of a
two-level 18' x 24' addition onto the existing detached garage at 810 - 49e Avenue N.E. Section 9. 104(5) of the
Columbia Heights Zoning Ordinance states that no accessory structures, including attached garages, or any
combination of accessory structures shall exceed 1,000 square feet in area. Currently, there is 960 square feet of
accessory structure on the property, and an additional 864 square feet is proposed. As a result, the 824 square
foot variance is being requested.
This case also includes a request for a three (3) foot height variance. Section 9.104{5) of the Zoning Ordinance
requires that no accessory structure can exceed 15 feet in height, as measured to the highest point. Plans indicate
that the proposed addition will be 18 feet in height which requires a three (3) foot variance.
Mr. Hollman further informed the Commission that, as stated on the application, the purpose of the request is to
provide additional space for auto/boat parking, and also to allow space to pursue the applicants retirement hobby of
furniture restoration.
Mr. Hollman added that the surrounding property to the north, east and west is zoned R-l, Single Family
Residential, and is used residentially. The property to the south across 49e Avenue is in the City of Hilltop and is
used by Independent School District # 13 for Valley View Elementary and Central Middle School.
Mr. Hollman stated that accessory structures are regulated under Section 9.104(5) of the Zoning Ordinance.
Requirements are as follows:
No accessory structure shall exceed the height of the principal structure or fifteen (15) feet, whichever is
less. The plans indicate that the proposed garage will be 18 feet to the highest point which requires a
variance.
No accessory structure or combination of accessory structures shall exceed 1,000 square feet. The
proposed addition will he two levels at 432 square feet per level for a total of 864 square feet. The
existing detached garage is 624 square feet. In addition, there is an existing attached garage which is 336
square feet. The cumulative square footage for accessory structures on the property will be 1,824 square
feet.
Any lot over 6,500 square feet in size may have a lot coverage of up to 30%. The lot coverage will be
approximately 23% which meets this requirement.
Detached accessory structures must he six (8) feet or more from the principal structure. The existing
detached garage is approximately 25 feet away from the principal structure and the proposed addition will
be behind the existing detached garage.
PLANNING AND ZONING COMMISSION
REGULAR MEETING- MINUTES
MAY 2, 2000
Page 5
Whenever a garage is designed so that the vehicle entry door is facing a street or alley, the distance
between the door and the lot line shall be 20 feet or more. The existing detached garage is roughly 95 feet
from the front lot line which meets this requirement,
Accessory structures shall be a minimum of three (3) feet inside the side and rear lot lines as approved by
the Building Official. The existing detached garage and proposed addition is three {3) feet from the side lot
line and the addition will be five (5) feet from the rear lot line.
Mr. Hollman reminded the Commission that Section 9. 105(3)(d) of the Zoning Ordinance states the following: "In
recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by
reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot
would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the
zoning district." In order for a variance to be granted, hardship needs to be established.
He further explained that, as indicated on the plan labeled East View, the topography of the property drops from
approximately 100 feet in elevation at the front of the existing garage to roughly 92.5 feet at the back of the
proposed addition. It was Mr. Hollman's thought that this change in elevation would appear to create a legitimate
hardship on which to bass an approval of the height variance. However, it dons not seem to create a hardship
which would require the excess accessory structure space.
As mentioned above, the applicant is proposing the addition to the existing detached garage to create additional
space for auto/boat storage and to have a workshop to restore furniture as a hobby. One issue that should be
identified is the possibility of this hobby becoming a home occupation, Home occupation is defined as any gainful
operation or profession engaged in by an occupant of a dwelling unit. Such use must be clearly incidental and
secondary to the principal use of the dwelling for residential purposes and shall not change the residential character
of the dwelling or have an adverse effect on adjacent properties nor constitute a nuisance or safety hazard, He
noted that home occupations are permitted as an accessory use in the R-1 District provided they register with the
City. Also, no outside storage of products, materials or equipment connected with the home occupation is allowed,
and, if the home occupation is conducted in a garage, the minimum amount of required garage parking spaces shall
be maintained for parking. He further noted that the Zoning Ordinance requires a minimum of two off-street parking
spaces for single family dwellings, one of which shall be in a garage. In addition, Section 5A.207(1)(f) of the
Housing Maintenance Code states: "Outside storage of articles, equipment, construction materials, items not
designed for exterior use, and miscellaneous items, including but not limited to, lawn mowers and other lawn
maintenance equipment shall not be allowed."
Considering that there is also an attached garage on the property, the parking requirement can be met without the
construction of the addition. However, the additional space may be necessary to comply with the requirements of
the Housing Maintenance Code, He noted that according to the Columbia Heights Fire Department, no violations of
the Housing Maintenance Code on the subject property have been reported to the City,
PLANNING AND ZONING COMMISSION
REGULAR MEETING- MINUTES
MAY 2, 2000
Page 6
Mr. Hollman again stated that a hardship needs to be established for a variance to be granted. Section 9.105{3Xd)
of the Zoning Ordinance also states that the Commission shall hear requests for variances from the literal provisions
of this Ordinance in instances where their "strict enforcement would cause undue hardship because of
circumstances unique to the individual property under consideration and to recornmend variances only when it is
demonstrated that such action will be in keeping with the spirit and intent of this Ordinance".
Section 1 of the Zoning Ordinance identifies the intent and purpose of the Ordinance. Four of the purpose
statements are identified below:
protecting the public health, safety, and general welfare;
dividing the City into zones and districts restricting and regulating therein the location, height, number of
stories, size of buiiding~ and other structures, the percentage of lot which may be occupied, the size of
yards and other open spaces, and the density and distribution of population;
providing adequate light, air, and convenience of access to property; and,
preventing overcrowding of land and undue concentration of structures by regulating the use of land and
buildings and the bulk of buildings in relation to the land and buildings surrounding them.
Mr. Hailman stated that Staff is aware of one previous case where a variance was granted to allow accessory
structures in excess of the maximum allowed. The following briefly summarizes this case:
Case 9807-34 was a variance of 2,072 square feet at 4015 Stinson Boulevard to allow the total square
footage of all existing and proposed accessory structures on the lot to be 3,072 square feet. Unusual
topography and potential loss of trees and shrubbery around the existing garage were identified as a
hardship. At the time of the request, the property had the following accessory structures: One 462
square foot garage (21'x 22'); One 154 square foot shed {7' x 22'); and, a 576 square foot guest cabin.
The proposal indicated a new two-level attached garage would be constructed, totaling 1,880 square feet
(940 square feet per level). The applicant demonstrated that due to the topography on the lot a two story
garage was necessary, or a large amount of fill would need to be brought in to elevate the main floor of the
garage to the same level as the house. Also, if the existing accessory structures were required to be
removed, there would be a substantial loss of existing trees and shrubbery on the subject parcel and
adjacent property.
Commissioner Yehle clarified that the roof line of the addition would be constant with the existing roof with the
grade difference being the reason for constructing a two story building.
Chairperson Ramsdell felt that the current Zoning Ordinance and the hardship criteria does not cover "space". He
stated that the owner was trying to comply with the requirement of storing all items inside a building. It was his
PLANNING AND ZONING COMMISSION
REGULAR MEETING- MINUTES
MAY 2, 2000
Page 7
opinion that Mr. Kinnan is a long-time resident of the city and is only trying to improve his property.
Chairperson Rumsdell opened the public hearing.
Richard Kinnan was present and stated that he was attempting to cumply with the spirit of the Zoning Ordinance
with providing inside storage as he does not like to leave things outside as they may "walk off". He added that he
will reside the whole building and cover the block area of the existing garage as he does not like looking at it. He
stated that he has talked to the neighbors in the immediate area about his proposal and no one had an objection.
Commissioner Yehle asked Mr. Kinnan if he had ever received any complaints about the number of cars in his
driveway. Mr. Yehle was at the property and viewed at least four vehicles in the driveway. Mr. Kinnan stated that
they were "college cars" belonging to his children that were college students. He added that he has never had any
complaints.
Commissioner Shattuck felt that the larger accessory structure would not be a problem as Mr. Kinnan's lot is an 80
foot lot and the peruenrage of lot coverage stated in the Zoning Ordinance will not be exceeded. It was his opinion
that if the lot was a smaller lot, he wouldn't be in favor of granting a variance. He further stated that he found a
number of very large garage structures in driving around the city other than the those addressed in Mr. Holiman's
report.
City Council Representative Szurek was present and informed the Commissioners that the Accessory Structure
section of the Zoning Ordinance was recently rewritten and adopted in 1996. She added that the members worked
long and hard to come up with something that would work for all areas and lot sizes of the city so that people
would not be filling up their yards with accessory structures and eliminating green space.
Chairperson Ramsdell closed the public hearing as no one was present to address this case.
Metien by Ramsdell, seconded by Shattuck, to recommend to the City Council the approval of the three (3) foot
height variance and the 824 square foot size variance at 819- 49a' Avenue N.E. due to the topography of the
property which creates a hardship and the proposal is consistent with the spirit and intent of the Columbia Heights
Zoning Ordinance. Roll Call: Johnson- Aye; Shattuck- Aye;Yehle- No; Rumsdell- Aye. Motion carried.
**THIS ITEM TO APPEAR ON THE MAY 8, 2000 CITY COUNCIL MEETING.
STAFF REPORTS:
Mr. Hollman informed the Cummission that he has sent a letter to Keith Jans of Real Estate Equities Development
Company regarding their request for approval for a Planned Unit Development, rezoning, replat and variances to
construct a 50 unit assisted living senior building and 22 units of affordable rental townhomes. The letter indicated
PLANNING AND ZONING COMMISSION
REGULAR MEETING- MINUTES
MAY 2, 2000
Page 8
that the City Council would not act on the request until the City receives a satisfactory statement of consent to the
application of approval from an authorized representative of the property at 825 N.E. 41" Avenue. The letter was
to serve as written notice to extend the 60 day time limit for the City to make a decision on the proposed
development project until July 17, 2000.
Chairperson Ramsdell took the opportunity to inform the Commission members that Joe Hollman was leaving the
employ of the City to work in the public sector and that this washis last meeting. On behalf of the Planning and
Zoning Commission he extended his thanks to Joe Hollman for all the fine work he has done and wished him well.
MotjoB by Yehle, seconded by Johnson, to adjourn the meeting at 8:00 p.m. Voice Vote: All ayes. Motion carried.
Respect ly submitt ~
Zoning Commission
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS TRAFFIC COMMISSION
MAY 1, 2000
s
The meeting of the Traffic Commission was called to order at 7:02 P.M. by Chairperson Ed
Carlson.
I.
ROLL CALL
Members Present: Anderson, Carlson, Goodman, Smmpf, Smrdevant
Staff present: Kathy Young, Assistant City Engineer Tom Johnson, Police Chief
APPROVAL OF APRIL 3, 2000 ~
Commissiorier Goodman requested a change be made in Item VII.B. He suggested that
the sentence "Commissioner Goodman left the meeting at 8:15 P.M."be made a separate
paragraph.
Motion by Goodman, second by Sturdevant, to approve the minutes of April 3, 2000,
meeting as presented with the correction as noted above. Motion passed unanimously.
OLD BUSINESS
REQUEST TO REVIEW TRAFFIC PATTERNS AT THE INTERSECTION OF
41 sr AVENUE AND MONROE STREET
Ms. Kay Huff attended the April Traffic Commission meeting and discussed
traffic concerns at the intersection of 41s Avenue and Monroe Street. The
Commission directed stuff to obtain speed and volume counts at the intersection.
The visibility at the intersection is good. Police Chief Johnson sent Ms. Huff a
letter discussing the results of the traffic counts and accident history. Based on
those results, no further action is appropliate.
Motion by Goodman, second by Anderson, to take no further action concerning
intersection controls at 4 1 ,t Avenue and Monroe Street. Motion passed'
unanimously.
OTHER OLD BUSINESS
None
Columbia Heights Traffic Commission
May 1, 2000
Page 2
NEW BUSINESS
REQUEST TO INSTALL HANDICAP PARKING SIGN IN FRONT OF THE
APARTMENT BUILDING AT 1480 47TM AVENUE N.E.
Mr. Brown has requested a handicap ~ng sign be installed in frontof 1480
47i Avenue N.E. on the west side of the sidewalk. Mr. Brown resides in
Apartment 5. The off-street parking for the apartment building is behind the
building. The elevation difference between the parking lot and the first floor of
the apartment building is about 8' (14 steps). On-greet partring is level with the
first floor and would be more accessible.
According to the City Attorney, the City is not required to install a handicap
parking sign on the street. The cost and installation of the sign is appro~dmately
$150.00. Past practice has been to paint the curb blue only if other motorists do
not respect the parking apace reserved by the sign.
Both Mr. Brown and the owner of the building were notified of the meeting.
Neither were in attendance.
Motion by Sturdevant~ second by Goodman, to direct staff to install a handicap
sign in front of 1480 47~ Avenue, west of the entrance walk, said sign to be
removed when Mr. Brown is no longer a resident at 1480 4Ts Avenue. Motion
passed unanimously.
OTHER NEW BUSINESS
Ms. Sue Aroundson of 3741 Reservoir and the resident of 3721 Reservoir addressed the
Commission regarding the City's noise abatement procedures used by the Police
Department. She wondered how the Ordinance rends and would like a copy of State
Statues. Police Chief Johnson responded that the offenses are misdemeanors. If the
officer observes the violation, the Police Department tags for the misdemeanor and the
fines are set by the Judges. Sue asked if the Police Department tickets a vehicle parked in
a "No Parking Anytime" space. Chief Johnson stated that when they see it they first try
to find the owner of the vehicle and ask him to comply with the law before giving a
ticket.
Columbia Heights Traffic Commission
May 1, 2000
Page 3
REPORTS
A. CITY ENGINEER
None
B. 'POLICE CHIEF
Police Chief Johnson indicated that New Brighton has purchased their own speed
trailer. He plans to approach Tri-City Le~ion on purchasinE one for Columbia
Heights. Until that time, St. Anthony and Columbia Heights will continue to
share usage of the speed trailer.
Chief John~n indicated that Anoka County is rechecking the warrants for
reduced speed zone control on 49a' Avenue between Monroe Street and Central
Avenue. He will be meetin~ with the School Superintendent, David Behlow and
Commissioner Kordiak this month.
C. COMMISSIONERS
Chairman Carlson asked for nominations for Chair of the Traffic Commission.
Motion by Goodman, second by Stumpf, to nominate Ed Carlson to continue as
Chairperson. Motion carried unanimously.
ADJOURNMENT
Motion by Goodman, second by Anderson, to adjourn the meetin~ at 7:35 p.m.
leBaker
Traffic Commission Secretary