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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 K: i I~I N ,,414 ELK RIVER QONORETE PRODUrIS · 8421 WAYZATA BOULEVARD · MINNEAPOLIS, MINN. H42.c (112) 641-19'/1 · INWARD WAft -- fie + HI-IlWl 3",'f~drr' I .~l: ?_. OAT. t"l' I1°0° '? '."-i ....t '- ' :.'----.'-t- ..... tll-le·, + tll -- S,LVM I!IIVMII · ILII"tll (llll llll"/llM I'!a"lI ~" I'l fllllllslU"l aJl aJUIIIIi~l!'l U'JalU qll"lsJ I 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. I ! ] c 'I r- ~ 3X--3X- 3X 3X-  o --3X--3XJ o o ill'H AENUE -r # m o 0 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