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HomeMy WebLinkAboutJune 26, 2000 Executive SessionCITY Of COLUMBIA HEIGHTS Donald O. Jolly 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, M N 55421-3878 (6 ! 2) 782-2800 TDD 782-2806 Mar~ine$~rek Julietme Wyckoff John Hunter Please note: City Hail Phone Numbers have changed. New numbers are: Main Number (763) 706-3600; TDD (763) 706- 3692 CitF Mlnl~r Wait Feltst ADMINISTRATION NOTICE OF COUNCIL EXECUTIVE SESSION Notice is hereby given that a Council Executive Session is to be held in the CITY OF COL UMBIA HEIGHTS as follows: Meeting of: Date of Meetlag:- Time of Meeting: Location of Meeting: Purpose of Meetlag: COLUMBIA HEIGHTS CITY COUNCIL MONDAY, JUNE 26, 2000 6:15 P.M. CONFERENCE ROOM I EXECUTIVE SESSION A GENDA Discussion Items Sale and lease back of 4101 Central Avenue. The City of Cohxmb/~ Heights does not discrete on'the basis of disability in the admission or access to, or treatment or employment in, its scrviccs, 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- 361 l, to make ammgements. (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 OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 5542 !-3878 (612) 782-2800 TDD 782-2806 ADMINIS TIM TION Bayor Gary L. Peterson Councilmembers John Hunter Donald G. Jolly Marlaine Szurek Julienne P'ycko, lT City Manager Walter R. Fchst June 23, 2000 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, June 26, 2000 in the City Council Chambers, City Hall, 590 40thAvenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treaUnent or employment in, its services, programs, or activities. Upon request, accommodation wffi be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliax7 aids for disabled persons are available upon request when the request. is ..made at least 96 hours in advance.. PleaSe ~a!l ,the Deputy City.Clerk at 706,3611, to make arrangements. {TDD/706-3692 for deaf or~heafing impaired only) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE s ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agerich. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) e CONSENT AGENDA Cl'hese 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 June 12, 2000, Regular Council Meeting as presented. 2) Approval to host the annul Police &Fire Reserve Appreciation Event MOTION: Move to authorize the expenditure of up to $4,000 from the Civil Defense budget fund 101-42500 line 4374 to host the annual appreciation night for the Fire and Police Reserve Units, and that the Mayor and City Manager are authorized to enter into contracts as needed for this event. 3) Authorization to hire Temporary Crime Analyst from the '99 School Based Partnership Grant MOTION: Move to approve the hiring of a temporary crime analyst for a period of one year, with a starting date to be in July 2000; also, to approve the purchase of necessary software and computer equipment to be used to implement this grant, total mount of personnel and equipment cost not to exceed $92,342.00, with funding to come from the 1999 School Based Partnership Grant #1999SBWX0026. 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 June 26, 2000 Page 2 5) 6) 7) 8) 9) Autho'nzation to purchase CFA Fleet MmtenanC, e Software Program MOTION: Move to authori~ staff to purchase one CFA Fleet Maintenance Program from Computerized Fleet Analysis, inc. of Addison, Illinois for a cost of $10,650, plus tax, with funds allocated fi'om 701-49950-5170. Conditional Use Permit - Case ~2000-0612. 4923 Central Avenue MOTION: Move to approve the Conditional Use Permit to allow the operation of the Cairo Grill in the Retail Business Zoning District at 4923 Central Avenue NE, subject to the following conditions. a. All required state and local codes, permits, and inspections including, but not limited to building permits~ fire .~0de, andhealth department regulations will be met and in full compliance; b. The screening requirements of the Zoning Ordinance for fencing and dumpster enclosure shall be in compliance; c. All pwposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance; d. A revised floor plan of the building showing tenant spaces by size and uses shall be pwvided to calculate parking requirements prior to the City Council meeting of June 12, 2000; and e. Hours of operation shall be confined to the period from 10:00 a.m. to 1:00 a.m. Approve 3greement for Lawn M'aJntenance and Snow Removal Services MOTION: Move to award the contract for lawn maintenance andmow removal services to Lawn Service and Snow Removal, Inc;and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Close Hearin~ for Rental License Revocation of 1020 44~h Avenue MOTION: Move to close the Public Hearing Regarding the Revocation or Suspension of the Rental License held by Greg Heinen regarding Rental Pwperty at 1020 44th Avenue in that the property is in compliance with the Housing Maintenance Code. Close Hearing for Rental License Revocation of 4201 6th Street MOTION: Move to close the Public Hearing Regarding the Revocation or Suspension of the Rental License held by Thomas Zarembski regarding Rental Property at 4201 6th Street until such time that the proper owner of the property can be notified. Establish Hearing Dates Re: License Revocation or Suspension of Rental Properties at 5000 50m Avenue and 1407-1409 Circle Terrace MOTION: Move to establish a Hearing Date of July 10, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against A. C. Milan at 5000 50~ Avenue. MOTION: Move to Establish a Hearing Date of July 10, 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. 10) Approve Re-Issue of Rental Housing l .icense Revocation for 46104612 Fillmore St. City Council Agenda June 26, 2000 Page 3 MOTION: Move to issue a Rental Housing License to Mohsen Dessouki to operate the Rental Property located at 4610-4612 Fillmore Street in that the provisions of the Housing Maintenance Code have been complied with. 11) Approve Re-Issue of Rental HoUsing License Revocation for 1407-1409 Circle Terrace MOTION: Move to issue a Rental Housing License to Susan Loewenthal to operate the Rental Property located at 1407-1409 Circle Terrace in that the provisions of the Housing Maintenance Code have been complied with. 12) Close Hearing for Rental License Revocation of 4616 Tyler Street MOTION: Move to close the Pubtic .a Hearing Regarding theRevocation or Suspension of a License to Operate a RentalProperty within the City of Columbia Heights against Syed Raza at 4616 Tyler Street. 13) Close Hearing for Rental License Revocation of 218-220-42nd Avenue MOTION: Move to close the Public Hearing Regarding the Revocation or Suspension of the Rental License held by Christopher Decker regarding Rental Property at 218-220 42"d Avenue in that the property is in compliance with the Housing Maintenance Code. 14) Close Hearing for Rental License Revocation of 4147 Washinl~n Street MOTION: Move to close;the Public Hearing Regarding the Revocation or Suspension of the Rental License held by Larry Wakeman, regarding Rental Property at 4147 Washington Street in that the property is in compliance with the Housing Maintenance Code. 15) Approve Rental Housing License Applications MOTION: Move to approve the items as listed on the rental housing license agenda for June 26, 2000. 16) Approve License Applications MOTION: Move to approve the items as listed on the business license agenda for June 26, 2000. 17) Payment of Bills MOTION: Move to pay the bills as listed out of proper fun&. 5. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A. Proclamations C. Introduction of New Employees D. Recognition 6. PUBLIC HEARINGS City Council Agenda $une 26, 2000 Page 4 Second Reading of Emer_~ency Ordinance No. 1414. Beini an Ordinance for a 60 Day Extension of the Moratorium on the placement. construction. and modification of towers and wireless telecommunication facilities within the City of Columbia Heights MOTION: Move to waive the reading of Emergency Ordinance No. 1414, there being ample copies available to the public. MOTION: Move to approve Emergency Ordinance 1414, being an Emergency Ordinance of the Columbia Heights City Council approving a 60 day extension of the moratorium on the placement, construction, and modification oftowem and wireless telecommunications facilities within the City of Columbia Heights~ . 7. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1. Adopt Resolution 200043. a ResolutiOn adopting, the City of Columbia Heights Comprehensive Plan MOTION: Move to waive the reading of Resolution No. 2000-43, there being ample copies available to the public. MOTION: Move to adopt Resolution 2000-43, being a Resolution of the Columbia Heights City Council adopting the City of Columbia Heights Comprehensive Plan, subject to final review and approval by the Metropolitan Council. First reading of Ordinance 1411. being an Ordinance rezoninl, 825 41't Avenue. NE 4150 Celatral Avenue NE. and 4156 Central Avenue NE to R-4: and approval of variance for proposed assisted living senior building. and approve the prellminar plan for the planned unit development at 825.41'* Avenue NE. 4150 Central Avenue NE. and 4156 Cenmll Avenue NE MOTION: Move to waive the reading of Ordinance #1411, there being ample copies available to the public. MOTION: Move to establish $uly 10, 2000 as the second reading of Ordinance #1411, which is an Ordinance rezoning 825 41'* Avenue NE, 4150 Cenlnl Avenue NE, and 4156 Central Avenue NE to R-4, Multiple Family Residential District, as the proposal is generally consistent wit the intent of the City Comprehensive Plan. MOTION: Move to approve the five foot height variance for the proposed assisted living senior building as topography of the property creates a hardship. Move to approve the preliminary plan for the planned unit development at 825 41'* Avenue NE, 4150 central Avenue NE, and 4156 Central Avenue NE, subject to the conditions listed on the draft PUD Agreement. B. Bid Considerations City Council Agendn June 26, 2000 Page 5 Other Business 1. Sale and lease back of 4 101 Central Avenue. MOTION: TO BE DETERMINED. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney GENERAl. COUNCIL COMMUNICATIONS A. Minut¢~ of Boards ~ Co~j~j9~. 1 ) Meeting of the June 6, 2000, Planning and Zoning Commission 2) Meeting of the May 16, 2000, Economic Development Authority 10. CITIZENS FORUM (At this ~ne, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT Walter Fehst, ~ty ariaget W'F/in Agenda Correction: ITEM 4-A-9 Address correction - 500'-401h Avenue NE - A.C. Milan MOTION: Move to establish a Heating Date of july 10, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against A. C. Milan at 500 40m Avenue. CITY OF COLUMBIA HEIGHTS REGULAR COUNCIL MEETING JUNE 12, 2000 7:00 P.M. COUNCIL CHAMBERS CALL TO ORDER/APPOINT SECRETARY PRO- TEM/ROLL CALL The meeting was called to order at 7:00 p.m. by Mayor Gary Peterson. Motion by Councilmember Hunter, seconded by Councilmember Jolly, to appoint Carde Blowers as Secretary Pro-Tern. Motion passed unanimously. Rot Call: Present-Mayor Peterson, Councilmembers Jolly, Wyckoff, Hunter, Szurek PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING A GENDA The Mayor stated that Item 7A1, Emergency Ordinance No. 1415, extending the date of the moratorium on the change in use of property within the business zoning district in the City of Columbia Heights wouM be discussed at that point of the agenda and is an addition to the meeting agenda. CONSENT A GENDA Councilmember Wyclwff requested Consent Agenda items # 4A4 and 4A17 be pulled for further discussion. Motion by Councilmember Wyckoff, seconded by Councilmember Szurek, and passed unanimously to approve the following Consent Agenda items: Minutes for Approval The Council approved the minutes of the May 22, 2000, Regular City Council Meeting and the June 5, 2000, Special City Council Meeting as presented. E~vtablish Work $e~M{tn me~ting d~ztes fof July Of 2000. The Council established a Work Session meeting date of Monday, July 17, 2000 at 7:00p. m. Authorize the purchase and installation Of two Internet graphics browsers at the Library The Council authorized the purchase and installation of hardware and software necessary to install two Internet graphics browsets from the Anoka County Library based on available State and County contract prices and through the Columbia Heights Information System Department based on obtained quotes; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Approve Voice Mail for Columbia Heights Athletic Boosters The Council approved adding voice mail to the office phone line of the Columbia Heights Athletic Boosters located at Murzyn Hall. City Council Meeting June 12, 2000 Page 2 Authorize Attendance at Annual Police Retrainin? Conference The Council ateroved the attendance of the Chief of Police at the Minnesota Chapter of the Southern Police Insatute Annual Retraining Conference to be held in Plymouth, Minnesota, on July 24-28, 2000, with conference registration fee of $175 to be covered from the Police Department training budget. Award of Electrical Services for Gateway Park The Council moved to accept the quote from Heights Electric in the amount not to exceed $5,750 to provide an electric service to Gateway Park with funding provided by Fund 401-59919-5130; and, authorize the Mayor and City Manager to enter into a contract for the same. Adopt Resolution acce, pting bids and awarding the 2000 Seal Coat PrOject The Council waived the reading of the resolution, there being ample copies available to the public. The Council adopted Resolution No. 2000-50, being a resolution accepting bids and awarding the 2000 Seal Coating Project #0001 (B) to Allied Blacktop of Maple Grove, Minnesota, based upon their low, qualified, responsible bid in the amount of $81,888.00 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. 2000-50 RESOLUTION ACCEPTING BID AND A WARDING CONTRACT FOR SEAL COATING PROJECT, #O001(B) TO ~.LLIED BLACKTOP COMPANY WHEREAS, pursuant to an advertisement for bids for 2000 Seal Coating Project #0001 (B) bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Allied Blacktop $81,888.00 Astech Corp. $86,925.55 WHEREAS, it appears that Allied Blacktop, 10503 89th Ave. No., Maple Grove, MAr is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Allied Blacktop Company in the name of the City of Columbia Heights for 2000 Seal Coating Project #0001 (B), according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to aH bidders, the deposits made with their bids except the deposit of the successful bidder and the next lower bidder shah be retained until the contract has been signed. 3. City Project ~0001 (B) shah be funded with approximately 25 % City funds and approximately 75% by assessments. City Council Meeting June 12, 2000 Page 3 Dated this 12th day of June, 2000. Offered by: Wyckoff Seconded by: Szurek Roll Call: All Ayes CITY OF COLUMBIA HEIGHTS Gary Peterson, Mayor Carole J. Blowers, Secretary Pro Tem Approval of Conditional Use Permit Case #2000-0613, for 3800 Central Avenue The Council approved the Conditional Use Permit to allow the operation of the Puerto Vallarto restaurant in the Retail Business Zoning District at 3800 Central Avenue, subject to the following conditions: a. All required state and local codes, permits, licenses and inspections will be met and in full compliance. b. Waste material storage shall be located and screened in a manner consistent with the Zoning Ordinance. c. All proposed signage must be submitted on the City prescribed application form and must .ully comply with the Zoning Ordinance. d. The screening fence shall be maintained in a safeand functional condition, all debris and weeds removed from site and the area maintained. e. A site plan drawn to scale shall be submitted for review and approval by staff. This site plan shall provide at a minimum, the following information: layout of parking lot, access points, one van accessible and one other handicapped accessible parking space, provisions for loading/unloading dumpster enclosure, and, snow storage. f. One van accessible and one other handicap parking space shall be provided as near as possible to the main entrance to the building. This space and access able shall be clearly marked and signed. g. The applicant will veri~5~ and provide evidence of legal authorization to reside and work within the U.S. Approval of Conditional Use Permit #2000-0614. 4101 Washin_eton Street The Council approved the Conditional Use Permit to allow the operation of St. Matthew's Lutheran Church Child Care at 4101 Washington Street, subject to the following condiaons: a. All required state and local codes, permits, licenses and inspections will be met and in.full compliance. b. All proposed signage must be submitted on the City prescribed application form and must.fully comply with the Zoning Ordinance. c. An outdoor play space not less than 2,250 square feet shall be provided and fenced, and issuance of the CUP will require a revised site plan showing the same. d. The tra~c parking pattern shall be on 41~ Avenue and be clearly marked and signed subject to review and approval of the Traj~c Commission. e. The site plan shall be amended to provide temporary parking spaces for the drop off and pick up of children. These spaces shall be clearly marked and identified. City Council Meeting June 12, 2000 Page 4 Approval Of a rariance Case #2000-0615. 3959 Central Avenue NE The Council approved the variance request to allow a projecting roofiop sign at the Dairy Queen in the CBD, Central Business District at 3959 Central Avenue NE as a hardship has been established with regard to the historic preservation of the building. Approval Of a Yariance Case #2000-0616. 3951 Central Avenue NE The Council approved the variance to allow a 16foot 2 inch by 2foot 5 inch projecting sign, the roof sign based upon the hardship with regard to historic preservation of the building at 3951 Central Avenue NE. First Reading Of Ordinance 1414 to Extend Moratorium on commercial installation Of towers. antennae. and dishes The Council waived the reading of Ordinance No. 1414, there being ample copies available to the public. The Council established June 26, 2000 at approximately 7: OOp. m. as the second reading of Ordinance 1414, being an Ordinance of the Columbia Heights City Council for a 5160 day extension of the moratorium on the placement, construction, and modification of towers and wireless telecommunications facilities within the City of Columbia Heights. EMERGENCY ORDINANCE 1414 BEING AN ORDINANCE OF THE COLUMBIA HEIGHTS CITY COUNCIL FOR A 60 DAY EXTENSION OF THE MORATORIUM ON THE PLACEMENT, CONSTRUCTION, AND MODIFICATION OF TOWERS AND WIRELESS TELECOMMIINICATIONS FACILITIES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does Ordain: Section 1: r4q'IE~, on February 8, 1996, ConFess enacted the Federal Telecommunications Act of 1996, P.L. No. 104-104, to deregulate the telecommunications industry, providing a more competitive environment for wired and wireless telecommunication services in the United States; and, WHEREAS, increased competition in the market for wireless telecommunications services may create an increased demand for antenna sites on towers and other antenna support structures necessary for providing wireless service via existing and new technologies; and WHEREAS; the Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction, and modification of towers, antenna support structures, and wireless telecommunications facilities in order to protect the health, safety, and welfare of the public; and, WHEREAS, the Columbia Heights Zoning Ordinance currently allows public utility structures as a Conditional Use Permit in every zoning district within the City except for the 1-2, Industrial District which does not allow public utility structures; and, City Council Meeting June 12, 2000 Page 5 WHEREAS, the City Council determines it is necessary to complete the Comprehensive Plan update and the rewrite of the Columbia Heights Zoning Ordinance and conduct further research and analysis as to appropriate zoning and performance standards for towers and wireless telecommunications facilities within the City. Secaon 2: NO W, THEREFORE BE IT RFJOL FED THAT in an effort to protect the health, safety, and welfare of the public, the Columbia Heights City Council hereby imposes a 60 day extension to the moratorium on the placement, construction, and modification of towers and wireless telecommunications facilities within the City of Columbia Heights, with said moratorium commencing and effective July 10, 2000 through and including September 7, 2000, and recognizing said moratorium will effect only those applications for the placement, construction, and modification of towers and wireless telecommunications facilities submitted to the City after the date of adoption of this ordinance. Section 3: This Ordinance shall be in full force and effect fi'om and after July 1 O, 2000 and extending through and including September 7, 2000. Offered by: Wyckoff Seconded by: Szurek Roll Call: All Ayes Mayor Gary L. Peterson Carole J. Blowers, Secretary Pro Tem Establish H~aring Dates Re: License Revocation or SuSl~nsiott Of Rental Properties at 4616 Tyler St. 218-220 42'a Ave. 1020 44~ Ave. 4147 Washington. 4201 6~ St The Council established a Hearing Date of June 26, 2000for Revocation or suspension of a License to Operate a Rental Property within the City of Columbia Heights against Syed Raza at 4616 Tyler Street. The Council established a Hearing Date of June 26, 2000for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Christopher Decker at 218- 220 42~ Avenue. The Council established a Hearing Date of June 26, 2000for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Greg Heinen at 1020 44t~ Avenue. The Council established a Hearing Date of June 26, 2000for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Larry Wakeman at 4147 Washington Street. The Council established a Hearing Date of June 26, 2000for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Thomas Zarembski at 4201 6~ Street. City Council Meeting June 12, 2000 Page 6 Close Hearing for Rental .l~icense Revocation 0f981 43 ~ Avenue The Counca closed the Public Hearing Regarding the Revocation or Suspension of the Rental License held by Mohammed Khan Regarding Rental Property at 981 43 ~ Avenue in that the Property is in Compliance with the Housing Maintenance Code. Close Hearing for Rental License Revocation of 1236-1238 Circle Terrace The Council closed the Public Hearing Regarding the Revocation or Suspension of the Rental License held by Gerald Janson Regarding Rental Property at 1236-1238 Circle Terrace in that the Property is in Compliance with the Housing Maintenance Code. Adpprove License A. vplications The Council approved the items as listed on the business license agenda for June 12, 2000. Payment of Bills The Council approved payment of the bills as listed out of proper funds. The following two items were removed from consent for additional discussion/consideration: ,a~pprove Policy for Neighborhood Event ttrairon Discussion was held regarding the size and public use of the Neighborhood Event Wagon for various events. The wagon was obtained through FFFF donations. Motion by Councilmember lYyckoff, seconded by Councilmember ,S'zurek to approve the Application and Reservation Procedure that will provide guidelines for use of the Neighborhood Event rFagon. Motion passed unanimously. Approve City Manager Performance Review & A~ustment Councilmember Wyckoff stated she wanted to strike the words "and succeeding years"from item 3 below, as she believed the deferred compensation amount was to be decided upon yearly as an incentive for the City Manager. $8,000 is the maximum allowed by law for deferred compensation at this time. After further discussion, motion was made by Councilmember Szurek, seconded by Councilmember Jolly, and passed unanimously to authorize pay adjustments retroactive to January 1, 2000 as follows: 2) S) 3.5 percent cost of living adjustment 2 percent step increase on the adjusted salary To provide annual deferred compensation of up to $8, O00 for year 2000 and succeeding years. PR OCIMM~ TIONS. PRESENTATIONS. RE COGNITIONS AND GUESTS A. Proclamations - None Presentations Mayor Peterson read comments fiom the nominators of Iq Tabb. He then presented the Humanitarian of the Year award to lq Tabb. Iq provided some entertaining comments to the Council and audience. C. Introduction of New Employees Chief Johnson introduced Gregory Sinn, our newest Police Officer. He was officially sworn in, and welcomed by the Mayor. City Council Meeting June 12, 2000 Page 7 Contributions received for the June 24. 2000 Fireworks Displ~_¥ The Mayor indicated that the following organizations/people donated money for the fireworks: Kordiak Company, Crest View Lutheran Home, F'FW Post #230, Northeast Bank, Columbia Heights Athletic Boosters, First Community Credit Union, Tri-City American Legion, and HaroM Hoium. Motion by Councilmember Jolly, seconded by Councilmember Szurek, to accept the donations received for the June 24, 2000fireworks display. Motion passed unanimously. Appointment to the Plannina and Zonin~ Commission Motion by Councilmember Hunter, seconded by Councilmember Szurek, to appoint Tammera Ericson to a four year term, ending April 1, 2004, on the Planning and Zoning Commission, filling the current vacancy. Motion passed unanimously. Ms. Ericson provided some background information on her education and work experience. Ms. Ericson is a seven year resident of the city. Guests State Representative ~atveer Chaudhary provided the Council and citizens a summary legislative update. Items highlighted were: budget surplus, school cuts, prescription drug coverage, bonding bill, Patients Bill of Rights, levy limits, and an attempt to get the Heights Theater on the Historical Register. Representative Chaudhary has taken an active role in the prescription drug coverage issue, and will continue to work on that important issue. PUBLIC HEARINGS Rental Hoasimt Revocation/'or 4022 Madison Street Assistant Fire ~hief, Dana dlexon, reported to the Council that the property at 4022 Madison Street was now in compliance. Motion by Councilmember ff,'yckoff, seconded by Councilmember Hunter, and passed unanimously to close the public hearing. Rental Housing Revocation_£or 3843 Haves Street Assistant Fire Chief, Dana Alexon, stated that this public hearing is a continuation from April l Oa: He Stated that the violations have still not been corrected. Motion by Councilmember Hunter, seconded by Councilmember Szurek, and passed unanimously to close the public hearing. Motion by Councilmember Hunter, seconded by Councilmember Wyckoff, and passed unanimously to waive the reading of Resolution No. 2000-36, there being ample copies available to the public. Motion by Councilmember Hunter, seconded by Councilmember Szurek, and passed unanimously to adopt Resolution No. 2000-36, 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 Sally Anderson, regarding property at 3843 Hayes Street. City Council Meeting Sune 12, 2000 Page 8 RESOLUTION 200036 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROFING REVOCATION PURSUANT TO ORDINANCE CODE SECTION SA.4OS(I) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD B YSALL Y ANDERSON (HEREINAFTER "LICENSE HOLDER") WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 3843 HAYES STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), VYRIITEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON MARCH 30, 2000, OF A PUBLIC HF_~4RING TO BE HELD ON APRIL 10, 2000. 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 October 29, 1999, Matt Field and John Larkin,~ inspectors for the City of Columbia Heights, noted seven violations. 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. 2. That on December 22, 1999, Matt Field and John Larkin, inspectors 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. 3. That on February 11, 2000, Matt Field and John Larkin, inspectors for the City of Columbia Heights, noted that six violations 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. 4. That on March 30, 2000, Matt FieM and John Larkin, inspectors for the City of Columbia Heights, noted that six violations 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. 5. That on April 10, 2000, the City Council of the City of Columbia Heights did open a Public Hearing relating to the Revocation or Suspension of the Rental Housing License held by Sally Anderson for 3843 Hayes Street NE. Action on this matter was tabled by the City Council for a period of sixty (60) days. 6. That on June 9, 2000, Dana Alexon, Housing Enforcement Officer and Steve Kolosky and Dan O'Brien, inspectors for the City of Columbia Heights, noted that six violations remained uncorrected. City Council Meeting June 12, 2000 Page 9 7. 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: FAILURE TO CORRECT VIOLATION OF THE HOUSING MAINTENANCE CODE B. FAILURE TO SUBMIT REINSPECTION FEES OF $200.00 8. 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 3843 Hayes Street is in violation of the provisions of the Columbia Heights City Code as set 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. QRDF~R OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F3738 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 hem 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 THIS 19th DAY OF dUNE, 2000. Motion by: Hunter Second by: Szurek Roll Call: All Ayes CITY OF COLUMBIA HEIGHTS, MINNESOTA ATTEST: Carole J. Blowers, Secretary Pro Tern Gary L. Peterson, Mayor City Council Meeting June 12, 2000 Page 10 ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Item 7A.1, Emergency Ordinance 1415, extending the date of the moratorium on the change in use of property within the business zoning district in the City of Columbia Heights was discussed at length at this time. Ken Anderson, Community Development Director, reviewed the history of the moratorium. On February 14, 2000, the Council adopted a resolution imposing a 120 day moratorium on the change in use of property within business commercial zoning districts. The moratorium is scheduled to expire June 13, 2000. Mr. Anderson is asking the council to extend the moratorium to July 1, 2000. The reason for the extension is to allow more time to submit the Comprehensive Plan to the Metropolitan Council for their formal review and approval. One element of the Comprehensive Plan that deals with a surface water management plan needs modification. This issue will be discussed at the Six Cities Watershed meeting on June 15, 2000. Comments have already been received from the Rice Creek Watershed District that need to be incorporated as well. Lee Stauch, 1155 Khyber Lane, felt that more public input on the Comprehensive Plan is needed. Mr. Stauch was reminded that a Public Hearing was held by the Planning and Zoning Commission on May 9~s. Mr. Stauch stated he felt that the Focus Newspaper is not reporting enough local news. He was also advised that copies of the proposed plan at this time are available at the Library and the Community Development Department. After considerable discussion of the extension and possible other dates to extend the moratorium to, a motion was made by Councilmember Hunter, seconded by Councilmember Szurek, to waive the reading of Ordinance No. 1415 (using the extension date of July 10, 2000), there being ample copies available to the public. Motion passed unanimously. Motion by Councilmember Hunter, seconded by Councilmember Szurek, to adopt Ordinance No. 1415 (using the extension date of July 10, 2000), being an Ordinance of the Columbia Heights .City Council imposing an extension to July 10, 2000, of the moratorium on the change in use of property within the business districts in the City of Columbia Heights. Motion passed unanimously. EMERGENCY ORDINANCE 141 $ BEING AN ORDINANCE OF THE COLUMBIA HEIGHTS CITY COUNCIL IMPOSING AN EXTENSION TO JULY 10, 2000 OF THE MORATORIUM ON THE CHANGE IN USE OF PROPERTY WITHIN THE BUSINESS DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does Ordain: City Council Meeting June 12, 2000 Page 11 Section 1: WHE~, on August 12, 1974, the City of Columbia Heights adopted Ordinance 818 which is an ordinance relating to and establishing a zoning plan and revised zoning map for the City of Columbia Heights; and, WHEREAS, Ordinance 818 and subsequent amendments is of/~cially known as the Columbia Heights Zoning Code; and, WHERE. dS, the Columbia Heights Zoning Code divides the City into four residential districts, four business districts, and two industrial districts; and, WHEREAS, the four business districts are further classified in the Columbia Heights Zoning Code as the LB Limited Business District, the CBD Central Business District, the RB Retail Business District, and the GB General Business District; and, WHEREAS, the City Council determines it is necessary to complete the Comprehensive Plan update before permitting a change in use of any property located in the business districts within the City; and, WHEREAS, for the purpose of this Ordinance 1415, change in use shall be interpreted to mean any occupant change from the time of adoption of this Ordinance which includes, but is not limited to, activities such as a change in tenant, redevelopment of property, or new development. Section 2: NO ~, THEREFORE BE IT ORDAINED THAT in an effort to protect the health, safety, and welfare of the public the Columbia Heights City Council hereby imposes an extension to July 1 O, 2000 of the moratorium on the change in use of property within the business districts in the City of Columbia Heights, with said moratorium commencing and effective the date of adoption of this Ordinance. BE IT FUR THER ORDAINED THA T activities affected by this moratorium include anything in the business districts requiring action by the Planning and Zoning Commission, building permits for work involving structural changes, and change in tenant or owner-occupant of a property. This does not include building permits for maintenance issues such as roofs and/or siding. Also, formal applications submitted for Planning and Zoning Commission action prior to the date of adoption of this Ordinance will not be impacted by the moratorium. Section 3: This Ordinance shah be in full force and effect from and after June 13, 2000 and extending to July 10, 20o0. Offered by: Hunter Seconded by: Szurek Roll Call: AH Ayes Mayor Gary L. Peterson Carole J. Blowers, Secretary Pro Tem City Council Meeting June 12, 2000 Page 12 B. Bid Considerations - None Other Business 1. Conditional Use Permit Case #2000-0612. 4923 Central Avenue- Cairo Grill This item was reviewed by the Planning and Zoning Commission and passed on to the Council for their approval with the following conditions: a. All required state and local codes, permits, and inspections including, but not limited to building permits, fire code, and health department regulations will be met and in full compliance; b. The screening requirements of the Zoning Ordinance for fencing and dumpster enclosure shall be in compliance; c. All proposed signage must be.submitted on the City prescribed application form and must fully comply with the Zoning Ordinance; d. ,4 revised floor plan of the building showing tenant spaces by size and uses shall be provided to calculate parking requirements prior to the City Council meeting of June 12, 2000; and e. Hoursofoperationshallbeconfinedtotheperiodfrom lO:OOa, m. to l:OOa, m. Ken Anderson, Community Development Director, reported to the Council that Item "d" has not been completed and provided to staff by today's date. This information is crucial to determine parking spaces required, as the restaurant plans to have seating for 36. The loud noise levels of the rooftop unit at the Jerusalem Market entered into the discussion at this time. The Mayor and other councilmembers have been at this site to review this problem, and feel the noise levels of the rooftop unit are unacceptable. The Mayor suggested that the unit be turned so the noise would face Central Avenue instead of the residential area. Ken Anderson stated that the noise levels of the unit were tested, and they were high. Options to take care of this problem were discussed with the City Attorney; i.e., citing the owner/tenant of the building; trying to work with the owner/tenant to repair or replace the unit. Mr. Anderson stated that he and the Building Official could visit with the owner/tenant of the Jerusalem Market regarding the rooftop unit and give him a reasonable amount of time to correct the problem or cite them. It should be noted that Cairo Grill and Jerusalem Market are owned by the same person. Tod Hanson from 4918 2~yler spoke regarding the referenced rooftop unit. Mr. Hanson lives in the area of the loud rooftop unit. He reiterated that the history of onejointly- ovened business usually carries over to the other jointly-owned business. After considerable discussion, a motion was made by Councilmember Hunter, seconded by Councilmember Jolly, to table the Conditional Use Permit to allow the operation of the Cairo Grill in the Retail Business Zoning District at 4923 Central Avenue NE, based upon the fact that city staff has not received a revised floor plan of the building showing tenant spaces by size and uses needed to calculate parking requirements prior to the issuance of a building permit. Motion passed unanimously. City Council Meeting June 12, 2000 Page 13 6. The issue of the noisy rooftop unit at the Jerusalem Market was again discussed. The Mayor directed staff (Ken Anderson, Mel Collova) to visit the owner/tenant of the Jerusalem Market to see if they can work this problem out. Councilmember Hunter stated he would like to go along on this visit with Mr. Anderson and Mr. Collova. The League of Minnesota Cities Annual Conference is June 13-16 in St. Cloud. Councilmembers Jolly and Szurek and Mayor Peterson will be attending. Councilmember Hunter stated the Jamboree Parade is June 23'~, and will be bigger and better at 148 units. He also stated that the Library needs more little red wagons to be in the parade. Councilmember Wyckoff stated she had received some complaints about lack of trimming in the city parks. Since then, more seasonal help has been hired, and the problem appears to have been taken care of. She also stated that the weed control used by the city does not contain insecticides. Councilmember YYyckoff also reminded citizens that the city now has their web site up, and that citizens can communicate to the council via e-mail. Councilmember Jolly inquired if there was a construction schedule available for the present street construction in the N3V quadrant of the city. The Mayor recognized the Special Projects Coordinator, Jean Kuehn, and the following volunteers for the beautification efforts throughout the city parks, the gateway area, and around City Hall: Linda Anderson, Laurel Bauer, Tony and Doris Belinski, Helga Bode-Johnson, Shari and Sharon Briley, Kate Collopy, Alma Field, Cindy Golan and the Scouts, Joe Goodman, Karen Gutkaes and Lauren, Leona Haman, Elsie Ingemansen, Otto Kelm, Jeanette Lien, Linda Linder, Linda Lydahl-Hill and Girl Scouts, Jean and Jim Magnuson and Lutheran Brotherhood, Jan Meyer, Michelle Murzyn, Susan Murzyn, Linda Olson, Pat Sowoda, Kaye Stickler, Chester Szaflarski, Bernie Szymczyk, Patty Warner, Lotus Hubbard, and Sylvia Okerstrom. ADMIN1STRATIFE REPORTS Report of the City Manager- 1) Ostrander Park Picnic is on June 14~h 2) Letters have been sent to affected persons regarding the 53nt and 7~ Street cul-de-sac plans. To date, no responses have been received. B. Report of the City Attorney - Nothing. ~ENERAL COUNCIL COMMUNICATIONS The minutes from the following Boards/Commissions minutes were acknowledged: 1) Meeting of the May 18, 2000 Charter Commission 2) Meeting of the May 10, 2000 Human Services Commission 3) Meeting of the May 18, 2000 Telecommunications Commission City Council Meeting June 12, 2000 Page 14 CITIZENS FOR UM (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.) Harold Hoium referenced two letters he recently received from the city-one regarding mowing of his grass, and the other regarding water meter installation/materials used in our city water. The resident from 1500 39a Avenue stated she has had her automatic RadioRead meter installed. ADJOURNMENT Motion by Councilmember W'yckoff, seconded by Councilmember Hunter, to adjourn the meeting at 9:28p. m. Motion passed unanimously. RespecOCully submitted, Carole J. Blowers Secretary Pro Tem CITY COUNCIL LETTER Meetin[~ of June 26, 2000 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. /-I- P,' 2. CIVIL DEFENSE APPROVAL: ITEM: Police & Fire Reserve Appreciation Event NO. DATE: June 20~ 2000 ' D BACKGROUND Each year the City Council has hosted an annual appreciation night for members of the Police and Fire Reserve Units and their guests in recognition and thanks for the many hours these groups donate to the community and the City. Plans are now being developed for this year's appreciation event. ANALYSIS/CONCLUSION The Reserves have indicated a preference to attend a show at the Chanhassen Dinner Theater again this year. Council action is required to spend the money necessary for advance reservations, etc. There are funds budgeted and available in the Civil Defense budget fund 101 Department 42500. RECOMMENDED MOTION: Move to authorize the expenditure of up to $4,000 from the Civil Defense budget fund 101-42500 line 4374 to host the annual appreciation night for the Fire and Police Reserve Units, and that the Mayor and City Manager are authorized to enter into contracts as needed for this event. 00-164 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of June 26, 2000 AGENDA SECTION: Consent ~.~./~...~ ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Authorization to hire Temporary Crime BY: Thomas M. Johns~ ~ NO,...~ Analyst, .School Based Partnership Grant DATE: . .... BACKGROUND In 1999 the Columbia Heights Police Department, in partnership with the Columbia Heights School District, applied for a 1999 School Based Parmership federal grant. This grant is to be used for the hiring of a crime analyst for the period of one year to study assaults on school property and research ways to reduce the number of assaults that take place. The grant is for a total of $92,342. The breakdown of these dollars is as follows: A. Personnel $34,560 B. Fringe Benefits $12,126 C. Travel $ 3,628 D. Equipment $17,495 E. Supplies $19,908 F. Consultants/contracts $ 4,625 G. Other 0 TOTAL $92,342 ANALYSIS/CONCLUSION We have been informed that we have successfully obtained our grant and that we are approved to proceed with our spending down of the grant. With this in mind, Captain Roddy, Sergeant lohn Rogers, Officer Mike McGee, and I met with School Superintendent David Behlow and High School Principal lane Liepold. We discussed the grant and made the following conclusions: the School District will supply a school representative (teacher) and two students to assist with this grant. They will also track the time used toward this project and bill the Police Department monthly so that payments may then be made from the grant via the City. The Police Department will develop the job description and, with the assistance of the Assistant to the City Manager, will hire the crime analyst. The Police Department will also price and purchase the required equipment and software, but only after checking both State purchasing contracts for cities and school districts. The time line for this project is attached. Also, it should be noted that this grant is only for one year and there is no retention requirement for this position. RECOMMENDED MOTION: Move to approve the hiring of a temporary crime analyst for a period of one year, with a starting date to be in July 2000; also, to approve the purchase of necessary software and computer equipment to be used to implement this grant, total amount of personnel and equipment cost not to exceed $92,342.00, witl3 .funding to come from the 1999 School Based Partnership Grant #1999SBWX0026. TMJ:mld 00-158 Attachment COUNCIL ACTION: PROJECT TIME LINE Month 1 (preparation phase) Procure problem-solving resources · Hire crime analyst · Recruit student volunteers · Select school and police coordinators · Purchase technology · Train personnel August 1 to August 31, 2000 Month 2 through Month 6 (analysis phase) Month 2 (September) · Survey students · Compile data September 1, 2000 to January 31, 2000 Month 3 through Month 5 (October/November/December) · Compile data Month 6 (January) · Compile data · Analyze available data · Develop action plan Month 7 through Month 11 (response phase) · Compile data · Implement action plan February_ 1 to June 30, 2001 Month 12 (assessment phase) · Conduct final survey · Analyze data obtained during response phase · Review results and prepare final report July 1 to July 31, 2000 U. S. Depa~iment of Sustice ' of' Communi~ Ori~nt~ Polirdng COPS Grant Award School-Based Pnrtnerships 1999 Ga=ant #: 1999SBWX0026 ORI #: Applicant OtTanization'$ Legnl Name: Law Enforcement Executive Name: Address: City, State, Zip Co-de: Telephone: Government Executive Nam~ City, Sta~, Zip Code: Telephone: Mlq'O0204 Cobvmhia Height~ ClfidThom~-~ M. lohnson 559 ~ Smet North, East Columbia He/.~htn, MN 55421 (612) 7S2-2S4a, (612) 7S2-2842 CRy Nf~g~ Walter. Fabst 590 40th Avmme Nortk East Colmabia Heisht% MN 55421 (612) 752-2809 ~' (612) 782-2801 Veador #: 416005069 Award Start Date: Award Amount: August 1, 1999 $ 92,342.00 Award ~ud Date: July 31, 20OO Ma3rLouLear7 '~x ~ Date Acting Director By slain g this awant, tl~ signatory officials axe agreeing ~ abide by Rte Co~iit~ns of Grant Award found on the reverse sid~ of this docum~: Sigaawe of Gove//mmt ~ with tl~. authot~ to acc~lX this gr~t award. Thomas M. Johnson, Chief of Police Dec. Typed Nan~ an~ TiRe of Law Date Enforcemmt Executive. Walter R. Fehst~ City Mana~ger December Ex~n~ive. 3, 1999 1999 9R22020205 Award ID: 55411 .COLUMBIA HEIGHTS POLICE DEPARTMENT MILL STREET N.~.. COLUMBIA HEIGHTS, MN 55,4.21-3882 (6 ! 2) 782-2840 February27,2000 Ms. Lori Hunter Department of Justice COPS Division 1100 Vermont Avenue, N.W. Washington, D.C. 20530 POLICE DEPARTMENT Chief of Police TI~D (61 Z) 782-280~-homas M. J'oimson Phone (612) 7064755 Fax # ~612} 706-3752 Dear Ms. Hunter: SUBJECT: REQUEST FORTIM~- EXTENSION FOR SCHOOL PARTNERSHIP GRANT COLUMBIA HEIGHTS POLICE DEPARTMENT (ORI: MN0020400) Per our telephone conversation on February 11, 2000, please consider this ~vritten request for an extension for the grant period. Due to the delay in receiving approval for this grant and the extensive preparation phase, ~ve were unable to move for~vard with this program until the current school year ~vas more than half completed. We sincerely believe that the intbrmation and action plan that will be developed through this program will positively impact how police and school officials respond . to incidents of school violence well into the future. We are, therefore, dedicated to making every effort to ensure the integrity of the data collected and the continuity in administration of this program. Granting the extension to the time period for this grant program will assist us in these efforts in the following ways: hacrease the integrity of the data by allowing the study to be implemented on a single school year. A decline in assault rates would more likely be attributed to the action plan implemented and not affected by changes in the student body (graduating seniors and incoming freshmen). Increase the continuity in administration. This is especially true for the partnering school that is participating in this program. Both teachers and students involved with the program change from school year to school year. By keeping the program within an entire school year, we can ensure that most of those involved in administering the program will be able to see the program through to its conclusion. We are, therefore, requesting an extension through July 3 l, 200 I, so that the program can be conducted according to the time line outlined on the following page. Thank you for your consideration in this matter. Sincerely, Chief of Police TMJ:mld 00-64 THF. ciTY oF' CO(.UMelA 14E:IGHTS OO~S NOT OlSCRII~NATE: ON ~ BASIS O~r O~SAmL.ITY IN F.M~.OYMF. N~' O~ ~ I~IOVISKDN O~ SEi~VN:~S · QU~4. OPt~O~TUNITY E:W~.OYE~ Office of the Director 1 I00 Vermont Ave., N.W. Washington, D.C. 20530 October 6, 1999 CMef Thomas Joh,~-~on Columbia Heights 559 Mill Street North, East Columbia Heights, MN 55421 Dear Chief Johnson: Your School-Based partnerships '99 budget has been approved by the Office of Community Oriented Policing Services (COPS). Enclosed are the award document a~d a copy of your budget as approved by the Office of the Comptroller. You should r~ad and f~rmillnrize yourself with the grant conditions on the reverse side of the award document. Also enclosed is your Grant Owner's Manual that summarizes and explnln, your School-Based Partnerships '99 grant. It will assist you with the ~&mirtistrative and financial matters associated with your grant. This manual explains many of the Federal government's commonly-used grant terms and answers many commonly-asked qltestions. You will also find materials re~ting to pa.,anent methods and procedures for receiving your 5rant funds. You should review the materials in your C.u~t Owner's Manual regarding the difl*erent methods of payment available to you. To acc~t your grant award, please sign the award document and return it to the COPS Office within 90 days. The award document must be signed by both the law enforcement executive and the government executive. Failur~ to r~tm the signed award document within the 90-day period could result in the withdrawal of the grant without further notice from the COPS Office. If you have any questions about your grant award or other grant issues, please feel free to call your School-Based Partnerships '99 contact person or the COPS Office at (800) 421-6770. ~. $. Depar~men~ of ~us~ce Office of Community Oriented Policing Services COPS Grant Award School-Based Partnerships 1999 G~nt #: 1999SBWX0026 ORI #: Applicant Org,-~-~tion's Legal Name: Law Enforcement Executive Name: Address: City, State, Zip Code: Telephone: Fax: Government Executive Nnme: City, State. Zip Code: Telephone: Fc~' Award Start Date: Award Amouat: August 1, 1999 $ 92,342.00 MN00204 Columbia Heights Ch/efThom~ M. lohnson 559 Mill S~'eet North, East Columbia Heights, MN 5542 (612) 782-2844 ~ (612) 782-2842 City Manger Waiter. Fehst 590 40th Avenae North East Columbia Heigl~s, MN 5542 (612) 7a2-2a09 (612) 782-2801 Award End Date: Vendor ii: 41600~069 July 31, 2000 Acting Di~ctor x . 1999 Date By signing this awani, ti~ signatory officials ate agreeing ~ abide by the Conditions of Cn~ Awed found on lite reverse side of this docmn~: Signature of Law Enforcement Ex~tuive with the authm'ity to a~,ept this grant award. Typed Nm and Title of Law Enforcement Execulive. Date Signature of Gov~mm~ Ex~ufive with the authority to ~ this grant award. Typed Nan~ and Titte of Govemmmt Ex~utive. Date Acct Class: 9R22020205 Award ID: 55411 School-Based Partnerships Final Funding Memo 1999 U.S. Department of Justice, Office of Community Oriented Policing Services Jurisdiction: Columbia Hdghts Crime Problem: Assault ~oBscxual) NOT Involving Weapons ORh MN00204 Based on the ~ review of your application, the estimated amount of your allowed costs are listed bdow. Thc~c amounts a~ estimated and therefore may change during the budget.review pwcc~s. ESTIMATED ALLOWABLE AWARD AMOUNTS BY COST CATEGORY:' Personnel/Fringe: Crime ~tyst school representative student representative $46,686 Supplie~: $19,908_ 4 pentium laptops 2 color las~jet printe~ paper, printer caruidges, other suoplies Travel: COPS Conference transp~n for stvdents $3,628 Consultant/Contrncts: $4,625 University of ~ Equipment: aimcview mn~p. lng software $17,495 Other Costs: $0 Total Estimated: $ 92,342.00 Funding: ITEM~ DISbLLOW~D BY COST CATEGORY: Disallowed Personne~ Disallowed Equipment: Disallowed Supplies: Disallowed Travel: Other Disallowed: Total Disallowed Costs: $0.00 ! U.S. Department of ~ustice Office of lu~ice Programs Washington. D.C. 20531 DATE: TO: FROM: September 18, 1999 Grant Award No: 1999-SB-WX-0026 Vendor No: 416005069 Ma.r~aret.D'El.ia, Grant Monitor, COPS Office Klm Smith, Financial Analyst, COPS Branch, Office of the Comptroller Financial Clearance: Application ~ 1999-3855-MN-SB, for the Columbia Heights. A financial analysis of budgeted costs has been completed. Costs appear reasonable, allowable and consistent with existing guide- lines. Exceptions/Adjustments are noted below. Budget Proposed Approved Adjustments Category Budget Budget Personnel: 34,560 34,560 0 Fringe Benefits: 12,126 12,126 0 Travel: 3,628 3,628 0 Equipment: 17,495 17,495 0 Supplies: 19,908 19,908 0 Contractual: 4~625 4~625 0 Direct Costs: 92,342 92,342 0 Grand Total: 92,342 92,342 0 /~rs/o RESOLUTION OF FINANCIAL ISSUES FORM ORI #: APPLICATION #: GRANTEE: VENDOR #: MN00204 19993855MNSB Columbia Heights 416-005-069 INITIAL REVIEW DATE: CONTACT: PHONE #: FAX #: 9-9-99 John Rogers 612-782-2840 612-782-2842 gE$OLUTION ISSUES: l) None RE$OLUTION ACTIONS: 1) None RESOLUTION CONTA CT AND DA TE$: 1) None PROCUREMENT TYPE: Competitive Bidding Sole Source X N/A RESOLVED BY: ~ smith DATE RESOLVED: 09-18-99 RESOLUTION-MOREl.DOC was printed on September 18, 1999 (ll:12AM) CITY COUNCIL LETTER Meeting of.' 06-26-00 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: L,.A-L[ PUBLIC WORKSen~ ITEM: AUTHORIZATION TO PURCHASE CFA FLEET BY: K. Hans_.zr~r~..r~_~ BY: MAINTENANCE SOFTW~ PROGRAM DATE: 06/21/~~ DATE: Background: Public Works currently uses a Fleet'Maintenance software program that is utilized for the management of the City of Columbia Heights vehicle fleet. It provides us with preventive maintenance orders, staff requested work orders, inventory tracking, vehicle maintenance and repair costs including parts and labor, and cost reports provided to the finance department. The existing Fleet Maintenance Program, DPSI Fleet Maintenance, has become very complex and difficult in its operation and use. When the City originally purchased this program in the late 80% it was a DOS based program that was very user friendly and easy for staff members to research important vehicle information. Approximately three years ago, the original creators of the Fleet Maintenance Program sold the company, changing the product focus from meeting the needs of smaller private and municipal government fleet operations to working with large private and public throughout the country. Analysis/Conclusions: It is staff's opinion that the current program has become too cumbersome and complex for use in a small fleet and should be replaced. The City's Shop Foreman, mechanic, and Administrative Assistant spend approximately two-to-three hours each day keying and processing preventive maintenance and monthly reports on our existing system. A number of the features included in this program are very time intensive and unnecessary for our operation. The time and energy currently being used to input information and data collection time would be reduced dramatically through the purchase of a new program. At this time, the City currently invests approximately $2,000.00 annually for DPSI's Fleet Maintenance program, software upgrades, and customer support. The City Shop has experienced numerous problems · Downloading of fuel information from our Fuel Master system. · Inability to create and print out accurate monthly maintenance, financial, and inventory reports. · Typically receive slow and unreliable customer support from DPSI. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 06-26-00 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION TO PURCHASE CFA FLEET BY: K. Hansen BY: MAINTENANCE SOFTWARE PROGRAM DATE: 06f]l/00 DATE: Continued - Page 2 DPSI's support staff is located in Newfoundland, Canada and their response time to our computer problems has been very slow. On a number of occasions, City staff members would experience a software related problem with our fleet maintenance program and not receive the necessary assistance for one or two business days. Clearly, the DPSI Fleet Maintenance Program is not meeting the City's needs. Due to the problems being experienced by staff members, excessive work hours are being spent on the computer rather than completing necessary repairs and preventive maintenance. The acquisition of a new Fleet Maintenance Program oriented toward small public fleets would greatly benefit the City Shop. The proposed CFA program is more oriented toward smaller cities and vehicle fleets. The window-based program provides the City Shop with easier access to vehicle parts, repairs, and fuel information related to city vehicles. Another positive feature of the CFA Program is that it is compatible with our existing Fuel Master fueling software program. The CFA Fleet Maintenance Program is currently being used by the City of Brooklyn Park, City of Inver Grove Heights, Dakota County, and Washington County. Our Shop Foreman has contacted all four CFA users and the feedback regarding this program has been very positive. Also, CFA is a Midwest company located out of Chicago, Illinois that provides software training to program users on a quarterly basis in Minneapolis. Currently, staff members must travel to Greensboro, NC in order to receive training on our DPSI software equipment. Staff is proposing to purchase CFA Fleet Maintenance Program. The sales representative will provide our staffwith unlimited support and training. CFA also has technicians in the area to service the equipment. The costs for new sofhvare is as follows: CFA (2-user license) $10,650. Funding is available in the Garage Capital Outlay Budget, but would require delaying the purchase of a vehicle hoist in 2000. Recommended Motion: Move to authorize staff to purchase one Fleet Maintenance Pwgram from Computerized Fleet Analysis, Inc. of Addison, Illinois, for a cost of $10,650, plus tax, with funds allocated from 701-49950-5170. Za-I.'jb COUNCIL ACTION: CITY I~OUNCIL LETTER Meetinll off June 26, 2000 AGENDA SECTION ORIGINATING DEPT.: CITY MANAGER ~- A- g Community Development APPROVAL ITEM: Conditional Use Permit BY: Kenneth R. Anderso Y: NO: Case# 2000-0612, 4923 Central Ave NE DATE: June 23, 2000 -- Issue Statement: Amro Contracting is requesting a conditional use permit (CLIP) to open a deli/grill restaurant in the vacant tenant space at 4923 Central Avenue NE. The deli/grill will be called the Cairo Grill. ]l~l]tgr.O_IL~l~.' This application will allow the operation of the Cairo Grill in the multi-tenant building in the space formerly occupied by the Exotic Pets store which moved to another location across Central Avenue. Analysis: According to Section 9.113(2) of the Zoning Ordinance a CUP is required if the proposed use contains a restaurant, caf6, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103(63). The applicant is proposing that kitchen equipment be installed inside the building. They also plan to modify the double door entry and construct a unisex bathroom that will be accessible to the disabled. A seating area will be included with nine tables of four chairs each for total seating for 36 persons. Staffhas requested the applicant provide a revised floor plan showing all the tenant spaces by size and use in order to calculate the total parking requirements for the building. The proposed use requires 12 spaces and a total of 38 are provided on site. The new plan has not been received as of this writing. At the hearing, area residents voiced concerns about the noise from rooftop air cond. units and Building Official follow-up to concerns. The rooftop fan and motor on the air conditioner has now been replaced at the Jerusalem Market. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on June 6, 2000. They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the conditions listed in the recommended motion. Recommended Motion: Move to approve the Conditional Use Permit to allow the operation of the Cairo Grill in the Retail Business Zoning District at 4923 Central Ave. NE, subject to the following conditions: 1. All required state and local codes, permits, and inspections including, but not limited to building permits, fire code, and health department regulations will be met and in full compliance; 2. The screening requirements of the Zoning Ordinance for fencing and dumpster enclosure shall be in compliance; 3. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance; 4. A revised floor plan of the building showing tenant spaces by size and uses shall be provided to calculate parking requirements prior to occupancy; and 5. Hours of operation shall be confined to the period from 10:00 a.m. and 1:00 a.m. Attachments: COUNCIL ACTION: G:~Joe's Files\City Council2OOO\CL Cairo C, rill2 Case: 2000-0612 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE JUNE 6, 2000 PUBLIC I'IE~G Case #: 2000-0612 Owner: Bresler Realty Co. of Minn. Address: Phone: Parcel Address: 4923 Central Avenue NE Zoning: RB, Retail Business Comprehensive Plan: C - Commercial GENERAL INFORMATION Applicant: Am Ro 4750 Central Ave. NE, #34 Hilltop, MN (763) 819-6717 Surrounding Zoning and Land Uses: Zoning North: RB South: RB East: R-2 West: RB Land Use North: Commercial South: Commercial East: Residential West: Commercial BACKGROUND Explanation of Request: The applicant requests a Conditional Use Permit to open a deli/grill restaurant in the vacant tenant space at 4923 Central Avenue NE. The deli/grill will be called Cairo Grill. Information on the menu items and hours 9f operation have not been requested of the applicant. They are proposing 36 seats for dining. Case History: The original applicant contractor was Abuzant-Houston Construction. This has changed to Mohamad dba Am Ro. As a multi-tenant building there have been several cases associated with this site addressed from 4915 - 4945 Central Ave. NE. Case #8708-62 was a request for a sign variance; Case #8903-05 was an appeal of administrative denial which resulted in an ordinance amendment; and Case numbers 8304-13,8411-52, 8606-28, and 8610-72 were Conditional Use Permit and/or Site Plan approvals for tenant uses. This operation is affiliated with the Jerusalem Market at 4945 Central within the same building. The space is vacant from the previous retail Case: 2000-0612 Page: 2 use. ANALYSIS Surrounding ProperS_: The surrounding property on the north, south, and west is zoned RB, Retail Business and is used commercially. The property to the east is zoned R-2, Single and Two Family Residential and is used residentially. Technical Review: According to Section 9.113(2) of the Zoning Ordinance, a Conditional Use Permit will be required if the proposed use contains a restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103(63). The applicant is not proposing any physical changes to thc site, or exterior structural changes to the building. However, there will be a kitchen equipment, sinks, shelving, refrigerator, exhaust hood, display case and counter installed inside the building. They also plan to modify the double door entry and construct a unisex bathroom that will be accessible to the disabled. A seating area will be included with nine tables of four chairs each for total seating for 36 persons. These improvements are subject to review and approval by the Building Official, Fire Department, and Anoka County Health Department. Minimum Yard and Density Requirements are as follows: · Lot Width shall be at least 50 feet - subject parcel is 135 feet wide; * Lot Area shall be at least 6,000 square feet - subject parcel is 33,075 square feet; · Front Yard Setback shall be 15 feet - existing structure meets this requirement; · There shall be at least one 10 foot side yard, the other side yard can be zero feet - the existing building meets this requirement; · Rear Yard Setback shall be 30 feet - existing building setback is 15 feet which is a legal, · nonconforming use; · The floor area ratio shall not exceed 1.0 - the property has a floor area ratio of approximately .036 which meets this requirement; · Need minimum frontage of 40 feet - subject parcel has 241 feet of frontage along Central Avenue. Parking requirements for a restaurant are at least one space for each three seats based on capacity design. According to the floor plan, there are 36 seats in the restaurant which requires 12 parking spaces. The site plan indicates that them are 38 parking spaces on-site, two of which are handicap-accessible. Note that the existing parking lot meets the parking demand experienced by the current tenants. The minimum requirements of the Zoning Ordinance cannot be determined based upon the information provided by the applicant for the floor plan layout of the site. Staff will require as a condition of approval that a revised floor plan for the building be provided prior to the issuance of a building permit. Case: 2000-0612 Page: 3 Solid waste material is required to be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. Another screening requirement is that when any business is adjacent to a residential use, that business shall provide screening along the boundary of the residential property. Screening can be accomplished by a privacy fence that is not less than 50% opaque, or it can be accomplished by providing plantings along the residential property. Staffwill recommend as a condition of approval that screening comply with the ordinance requirements. Staffhas not seen any information pertaining to signage. Note that the current building does not comply with the signage section of the City Code as there is no address for the Jerusalem Market. Staff will recommend as a condition °f approval that the address and other signs comply with the City Code. Compliance with Ci_tv Comvrehensive Plan: The City Comprehensive Plan designates this area for future Commercial development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods, and the Plan promotes the rehabilitation of existing development land in the City. The proposal will not negatively impact any nearby residential areas and will provide an appropriate reuse of an existing, vacant tenant space in the building, so the proposal is consistent with the City Comprehensive Plan. Summary: The positive aspects of this proposal are as follows: 1. The proposal is consistent with the City ComprehensiTM Plan. 2. Cairo Grill will provide an appropriate reuse of the tenant space in the building. The negative aspects of this proposal are as follows: 1. There do not appear to be any'negative aspects to this proposal provided the applicant complies with the recommended conditions. CONCLUSION Sta? Recommendation: Staff recommends approval of the Conditional Use Permit to allow the operation of the Cairo Grill in the Retail Business Zoning District at 4923 Central Avenue NE, subject to the conditions listed in the recommended motion. Recommended Motion: Move to recommend City Council approval of the Conditional Use Permit to allow the operation of the Cairo Grill in the Retail Business Zoning District at 4923 Central Avenue NE, subject to the following conditions: Case: 2000-0612 Page: 4 1. 3. 4. 5. 6. All required state and local codes, permits, and inspections including, but not limited to building permits, fire code, and health department regulations will be met and in full compliance; The screening requirements of the Zoning Ordinance for fencing and dumpster enclosure shall be in compliance; All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance; The Jerusalem Market address sign shall be installed to comply with the minimum City Code requirements; A revised floor plan of the building showing tenant spaces by size and uses shall be provided to calculate parking requirements prior to issuance of a building permit(s); and Hours of operation shall be confined to the period from 10:00 a.m. and 1:00 a.m. Attachme~ltS: · Area Map, Completed Application Form; Existing Site Plans; Existing Floor Plans; and, Public Notice IaJ r'~ I'-- Z 5O55 COURT I i ="" ;'¢ 5001 5025 4955 1000 4924 4915 4920 4918 4911 4916 4912 4901 4906 4900 1095 1100 5065 1090 1069 1074 5030 5045 999 1065 1061 1057 1051 1043 1035 1070 5020 1060 5010 lO85 11Ol5ooo~ PIERCE · 50TH 5065 5055 500( LINCOLN 4-849 11000 1020 1040 1060 1100 1120 1140 1160 1180 1200 1220 124.( ~..~,.0.01 '"~'...~ 1021 1041 :4061 1101 1121 1131 1151 1161 1171 1201 1221 · ~ol~cat~on Per= Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other · Zo o CITY OF COLUHBIA HEI;HTS RECEIVED Applicatio~ D.te, ^p~ 2 7 2000 ca.e so= bce~pt 2. Lesal Description of SubJect'Property, . 6. Zoning: Applicable City Ordinance Number Section Present Zoning Proposed Zoning Present Use Proposed Use 8. Exhibits Submitted (maps, diagrams, etc.) 9. Acknovledsment and Si~nature; The undersigned hereby represents upon all of ~he penalties o£ law, for ~he purpose of inducing the City o£ Columbia Helshte to take the action herein requested, that all statements herein are true and ~hat all york herein mentioned will be done in accordance with the Ordinances of ~he' City of Columbia Heights and the laws of the State~o~/M~mnesota. X Siva ture of Applicant :' '~[~/ - · ,.. - ,,,~'~.~. ~---'~' Date,_ z../',,,~? · ~. _..~ ,~ RECORD OF ACTION TAKEN BY PLANNING & ZONING COMMISSION Al~plication For Planning Commission Recommendations: On the day of was Approved . Denied Date: Case No.: 19~_, the action requested in the foregoing petitl~n subject to the following conditions: Planning and Zoning Administrator: CITY COUNCIL ACTION, Approved Den i ed by the City Council this day of 1~ , Subject to the following conditions: Application on Plannlng Commission Agenda Planning Co~lssion Postponed to Planning Commission Action Application on Councll Age~da , £ouncll Postponed to Public Hearing City Council Action Building Department N~tifled Applicant Notified Adjacent Property Owners Notifled Chronology Completed By Date Note: Attached excerpt from City Council Minutes Ill EQUIPMENT SCHEDULE ITEM QTY DESCRIPTION 1 i 1 SINK, MOP (BY THER 2 1 SHELVING UNIT (CHEMICALSI 3 3 SHELVING UNIT (DRY STORAGE) 4. 1 REFRIGERATOR, ,REACH-IN 5 1 SINK, THREE COMPARTMENT $ 1 SHELF, WALL-MOUNTED 7 1 HAND SINK 8 1 DISHTABLE 9 1 RACKSHELF 10 1 ICE. MAKER,// .BIN 11 1 U.C. DISHMACHINE 12 1 PRE-RINSE SPRAY 13 1 WORK TABLE 14. 2 MEATI COOKERS (BY OTHERS,)I 15 1 CHARBROILER W/ STAND 16 1 RANGE,,, 4-BURNER I/I GRIDDLE' i7 1 FRYER 18 1 FREEZER, REACH'IN 19 1 PREP .TABLE W/SINK 19 A 1 FAUCET 20 1 SHELF, WALL.-Mi0.UNTED 21 1 REFRIGERATOR, RAISED RAIL pREp 22 1 REFRIGERATOR, REACH-IN 23 1 FAUCI~T. 24, 1 EXHAUST HOoD 25 1 FIRE PROTECTION SYSTEM 26 1 INSULATED ST. STL. WALL PANELS 27 1 COUNTER 28 1 SHELF, PASS-THRU 29 1 REFRIGERATOR, MERCHANDIZER (BY OTHERS1 30 1 COUNTER, CASHIER 31 1 CASH REGISTER (BY OTHERS) 32 .3 .DISPENSER, DISPOSABLE CUP .. 33 1 DISPLAY CASE 34 1 COUNTER, FRONT sERVING 35 1 ICE DISPENSER W/SODA FAUCETS (BY OTHERS;) KITCHEN AREA FINISH SCHEDULE: FLOOR - QUARRY TILE W/ WATER RESISTANT GROUT INSTALLED FLUSH W/ TILE. USE NON-SKID QUARRY TILE IN WALKWAYS ONLY. 6" COVED BASE REQUIRED AT FLOOR / WALLS. WALLS - F.R.P. (FIBER REINFORCED PANELS) W/ ADHESIVE APPLIED St,. Ml. nneaDo Ph. REVISIONS A MAY 3 1 2000 CITY OF COLUMBIA HEIGHTS II I I I I ~h~ Joh~n 590 4~H AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-28~ TDD 782-2806 Dan~ Sh.ttuck PLANNING AND ZONINE COMMISSION NOTICE OF PUBUC HEARING Notice is hereby given that the Planning and Zoning Commission will conducta public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, June 6, 2000. The order of business is as follows: A request for a Conditional Use Permit'to allow the operation of a deli/grill in the tenant space at 4923 Central Avenue to be known as the Cairo Grill. Section 9.113(2)(h) of the Retail Business Section of the Zoning Ordinance requires a conditional use permit for restaurants, cafes, tea rooms, bars, prepared food outlets, and prepared delivery establishments. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Ken Anderson, Actip4] City Planner, at 783-706.3872. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 98 hours in advance. Please call the City Council Secretary at 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 OF COLUMBIA HEIGHTS Meeting of: June 26, 2000 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER NO: ~-I - A -/v Communit~ Development APPROVAL, ITEM: AgreementforLawnMaintenance BY:KennethR. Anderson ~_BY:j~ and Snow Removal Services DATE: June 23~ 2000 : (,wet ,v-, ISSUE STATEMENT: This is a request for the Columbia Heights Economic Development Authority and City Council to approve an Agreement to Provide Lawn Maintenance and Snow Removal Services on various vacant properties owned by the EDA and City of Columbia Heights. BACKGROUND/ANALYSIS: For a number of years the Housing and Redevelopment Authority (HRA), Columbia Heights Economic Development Authority (EDA), and City of Columbia Heights have acquired various properties in the City for a variety of public purposes. Some of these properties have involved the acquisition of the parcel for purposes of redevelopment and as such required demolition of the existing structure due to its vacant status and blighting condition within the City. Between the time that the government agency acquires the property and it is resold for redevelopment purposes, it is necessary to maintain the lawn in the summer months and keep the sidewalks and driveways clear of snow in the winter months to comply with appropriate City ordinances. The HRA has used the services of Vernon Scott as the owner of Lawn Service and Snow Removal, Inc. The services have been paid through funds budgeted in fund 235, Vacant/Temporary Properties. The maintenance work has been accomplished after first getting approval of a purchase requisition and follow-up processing of a payment voucher. To expedite this process and seek formal authorization of the respective governing bodies, staff has prepared and attached an Agreement for Lawn Maintenance and Snow Removal Services. This Agreement will specify the responsibilities of the contractor in performing services to the EDA and City. Attached to the Agreement is a Proposed Mow/Plow Schedule for properties in ownership of the City or EDA as of Suly 1, 2000. The contractor is proposing a sum of $28.50 per person-hour. It has also been difficult for the Public Works Department to maintain the existing City properties and park property with the resources and seasonal staff available. This fn'm is under contract with the City as the "City Grass and Weed Cutter", and has provided excellent service. The EDA has approved the Agreement on June 20, 2000 subject to City Council approval. RECOMMENDATION: Staff recommends approval of the Agreement with Lawn Service and Snow Removal, Inc. to provide lawn maintenance and snow removal services on EDA and City owned properties. RECOMMENDED MOTION: Move to award the contract for lawn maintenance and snow removal services to Lawn Service and Snow Removal, Inc.; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: I: \consent2000\Council-Lawn Mtnce AGREEMENT FOR LAWN MAINTENANCE AND SNOW REMOVAL SERVICES This Agreement made this day of , by and between the City of Columbia Heights, a Municipal Corporation, and the Columbia Heights Economic Development Authority (EDA), a public body corporate and pohtic, hereinafter both public governing bodies called "CITY" and Lawn Service and Snow Removal, lng. hereinafter called "CONTRACTOR." WITNESSETH, that the CITY and CONTRACTOR agree as follows: 1. Description of Work: CITY/CONTRACTOR will perform the following: CITY shall provide a written list of the addresses of property(s) to be served by the CONTRACTOR and any and all changes to said list shall be provided in writing by the CITY to the CONTRACTOR. CONTRACTOR shall be thoroughly familiar with CITY ordinances and State Laws dealing with noxious weeds and long grass. CONTRACTOR shall, within the time provided in the instructions Provided, cut or remove weeds and long grass as instructed by the CITY representative or his/her designee. do CONTRACTOR shall remove and properly dispose of broken tree limbs, litter, debris, etc. from the affected site(s). eo CONTRACTOR shall remove snow which has accumulated to a depth of two (2) inches or more from all sidewalks, driveways, and other hard surfaced areas of the affected site(s) unless otherwise directed by thc CITY. Eouivment: CONTRACTOR shall furnish at CONTRACTOR'S expense, such equipment, including but not limited to, safety glasses and other protective devices, shovels, snow blowers and/or blade~ or plows, riding and/or walking mowers, and sickles and weed trimmers, as necessary to properly handle the work. Payment: CITY shall pay to CONTRACTOR the sum of $28.50 per person - hour. CONTRACTOR shall bill the CITY on a monthly basis and the CITY shall pay CONTRACTOR upon approval of the billing by the City Council and/or EDA Board of Commissioners. CONTRACTOR'S billing shall show address, number of person hours (1/4 hour fraction thereof) per property, date of service, and total amount billed. Quality of Work: The CONTRACTOR also covenants and agrees that all said work and labor shall be done and performed in the best and most workmanlike manner and that all such materials and labor shall be in strict and entire conformity in every respect, with the CITY representative instructions and shall be subject to the impection and at~proval of the CITY representative or his/her duly authorized designee, and in case any of said materials or labor shall be rejected by said CITY representative as defective or unsuitable, then the same waterials all shall be removed and replaced with other approved materials and labor shall be done anew to the satisfaction and approval of said CITY representative. Safety and Aft'mnative Action: The CONTRACTOR agrees to comply with the OSHA Compliance Form, incorporated by reference herein, during the life of this Contract. The CONTRACTOR also agrees to comply with the Aflrumative Action Compliance Form, incorporated by reference herein, unless otherwise specified (see attached). In hiring of common or skilled labor for the performance of work under this contract, the CONTRACTOR, any subcontractor hereunder, material supplier, or vendor shall not, by reason of race, creed, color, or other manner discriminate against any person or persons who are citizens of the United States who are qualified and available to perform the work to which such employment relates. The CONTRACTOR, any subcontractor hereunder, material supplier, or vendor, shall not, in any manner, discriminate against, or intimidate, or prevent the employment of any such person or persons, or on being Page 1 of 2 hired, prevent, or conspire to prevent, any such person or persons from the performance of work under any contract on account of race, color, or creed. Any violation of this section shall be a misdemeanor. This Contract may be canceled or terminated by the CITY, and all money due, or to become due hereunder, may be forfeited for any subsequent violation of the terms or conditions of this Contract. This paragraph is inserted in the Contract to comply with the provision of Minnesota Statutes, Section 181.59. Indelnnification: The CONTRACTOR further agrees to take all precautions to protect the pubhc against injury and to save the CITY harmless from all damages and claims of damages that may arise by reason of any negligence of the CONTRACTOR or the CONTRACTOR'S agents or employees while engaged in the performance of this Contract, and will indemnify the CITY against all claims, liens, expenses, and claims for liens for work, tools, materials, machine~y, or insurance premiums or equipment of supplies and against all loss by reason of the failure of the CONTRACTOR in any respect to fully perform all obligations of the Contract. Disvutes: In case any questions or disputes arise between the parties hereto respecting any matter pertaining to this ConUact, or any part hereof, said questions or disputes shall be referred to the CITY representative, and his/her decision thereon shall be binding upon the parties hereto, provided said decision is in writing and signed by him/her. If there is conflict between the instructions/specifications and this instrument, the instructions/specifications shall govern. Ter~s: This Contract may be terminated by either par~ with thirty (30) days written notice provided to the other party. In Witness Whereof, the parties hereunto have set their hands the day and year first abOve written. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY CITY OF COLUMBIA HEIGHTS, A MUNICIPAL CORPORATION BY: BY: Robert Ruetfimann, President Gary L. Peterson, Mayor BY: BY: Walt Fehst, Executive Director Walt Fehst, City Manager CONTRACTOR BY: IT'S: (Title) CO.: Lawn Service and Snow Removal, Inc. Attachments Page 2 of 2 O,S.H.A. COMPLIANCE EMPLOYEE HEALTH, SAFETY, AND WELFARE The Contractor shail provide and maintain ail sanita~ and safety accommodations for the use and protection of his employees as may be necessary to provi~ for their health and welfare and comply with State, Federal, and local codes and regulations, as well as those of other bodies and tribunals having jurisdiction. Employee safety and sanitation facility regulations are set forth in M.S. 182 and in the Department of Labor and Indust~s Labor Safety Code (Lisc 73-75). Legal Name of Person, Flrm or Corporation Ely:. Address: Legal Residence: Date: fo~ms March 22, 1996 88-8] BEING A I~SOLUTZONADOPT~3~G AI~AFFZRMAT~ ACTION IrKExEAS, the City Council of Y. he City of ColuibLi Heish~s endorses the principle of equal enploynen~-oppor~uni~y, and; VHERF~S, the City Council desires to reaf£irm its lanS etandLnS coaa~taonc co equ~l eap~oyaenc opportunity; NOV, TIIL~.FO~, BE 2TF, Z$OLVI~ Chat At ks the policy and ~utent of the City Council of the City of Coluebia Heights to provide equality o£ opportunity ~n enploynent to all persons and to prohibit discr~u~tion because of race, color, creed, rellsion, na~Lona~ orison, sex, disabil£ty, asa, Barital status, or status ~n resard Co public des~lcution ~n all aspects of the City's personnel policies, Prosrans, and practices; and, BE XT FURTHER HESOLVED thit the City Council adopts the A~fArma~ive Action Prosran and Policy dated' #oveaber 30, 1088, a copy of vhich As available for revLev at the office of City Nanaser, and directs the City Kanase~ to ensure this preston ks ~plem~n~ed to its ~ullest. Passed this 27t~ day o£ December, ,, ,,, ., . X988. Offered by: Paterson Seconded by, Carlson Roll Call= All oyeb CITY OF COLUMBIA HEIGHTS AFFIRMATIVE ACTION POLICY AFfiRMATIVE ACTION COMPLIANCE FORM In accordance with Council Resolution 88-83, being a resolution adopting an Affirmative Action Program, it is the policy and Intent of the Cily Council of the City of Columbia Heights to provicle equality of opportunity in employment to all persons and to prohibit discrimination because of race, color, creed, religion, national origin, sex, disabi .ll:ty, age, marital status, or status in regard to public destitution, in all aspects of the City's personnel policies, programs, ancl precticas; and, It shall be the policy of the City of Columbia Heights to require that all major contracts with the City require the Contractor to comply with the standards of equal employment and anti- discrimination as cited in the Civil Rights Act of 1964 as emended in 1972 by the Equal Employment Opportunity Act, and Minnesota Statute 181.59 as amended. Bidder's Name: Address: ... CERTIFICATION OF BIDDER Certification Statement: i certify that the above Contractor or Vendor now has an established Affirmative Action Program. Narr~' and Title of Signer (please print or type) Signature Dat~ fo~ns March 22, 1996 OW~R CITY EDA EDA EDA EDA EDA EDA EDA EDA EDA PROPOSED MOW/PLOW SCHEDULE AS OF JULY 1, 2000 DESCRIPTION OF SERVICE/ADDRESS Mow - 4656 Monroe Mow - 4470 Buchanan Street Mow - 4460 Buchanan Street Mow - 1330 44 ½ Avenue Mow/Plow - 3982 Van Buren Mow - 3913 Polk Mow/Plow - 828 40~h Avenue NE Mow/Plow - 4216 Central Avenue NE Mow - 3944 Lookout Pl.(eft. July 1, 2000) Mow - 3950 Lookout Pl. FREOI.~NCY Once per week Once per week Once per week Once per week Once per week/2 + inches snow Once per week Once per week/2 + inches snow Once per week/2 + inches snow Once per week Once per week CITY COUNCIL LETTER Meeting of June 26. 2000 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO: 1.{./~. -~ Fire APPROVAL ITEM: Close Hearing BY: Dana Alexon BY.',~/-2~_~ Rental License Revocation NO: ?/ The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Greg Heinen regarding rental property at 1020 44a' Avenue for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of June 26, 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 and paid all fees and penalties. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Greg Heinen Regarding Rental Property at 1020 44t~ Avenue in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of June 26. 2000 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER i..[2A.~ Fire APPROVAL NO: ITEM: Clo~ Hearing BY: D~na Alexon BY: ~_~- Renl~l Licen~ Revocation DATE: June21,2000 DATI~,'~~ NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Thomns Znrembski regarding rental property at 4201 6~ Street N]~ for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of June 26, 2000. The public hearing on this property may now be closed in that the owner was not properly notified. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Thomns Zarembski Regarding Rental Property at 4201 6~ Street NE Until Such Time that the Proper Owner of the Property can be Notified. COUNCIL ACTION: CITY COUNCIL LETrER Meeting of: June 26. 2000 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER A- q NO: Fire ITEM: Establish Hearing Dates BY: Dana Alexon BY/z~~ License Revocation, Rental Properties NO: DATE: June 21,2000 DATF~/~ 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. A.C. Milan, LLC ............................ 500 40t~ Avenue 2. Susan Loewenthal ............................ 1407-1409 Circle Terrace RECOMMENDED MOTION: Move to Establish a Hearing Date of July 10, 2000 for Revocation or Suspemion of a License to Operate a Rental Property within the City of Columbia Heights against A,C, Milan at 500 40~ Avenue. RECOMMENDED MOTION: Move to Establish aHearing Date of July 10, 2000 for Revocation or Suspemion of a License to Operate a Rental Property within the City of Columbia Heights against Su$~m Loewenthal at 140/-1409 Circle Terrace. COUNCIL ACTION: Meeting of June 26. 2000 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER LI fl~. ~ 0 Fire APPROVAL NO: - Revocation DATE: ~une 22, 2000 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights again.~t Mohsen Dessouki regarding rental property at 4610-4612 Fillmore Street for failure to meet the requirements of the Housing Maintenance Codes has been resolved. The above mentioned owner has paid all fees due. RECOMMENDED MOTION: Move to issue a Rental Housing License to Mohsen Dessouki to operate the Rental Property located at 4610-4612 Fillmore Street in that the provisions of the Housing Maintenance Code have been complied with. COUNCIL ACTION: {{ CITY COUNCIL LETTER Meeting of June 26. 2000 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL '-/- A - II Revocation DATE: June 21, 2000 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Susan Loewenthal regarding rental property at 1407-1409 Circle Terrace for failure to meet the requirements of the Housing Maintenance Codes has been resolved. The above mentioned owner has paid all fees due. RECOMMENDED MOTION: Move to issue a Rental Housing Lic~,n~e to Susan Loewenthal to operate the Rental Property located at 1407-1409 Circle Terrace in that the provisions of the Housing Maintenance Code have been complied with. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of June 26. 2000 ORIGINATING DEPARTMENT: CITY MANAGER AGENDA SECTION: ~/'//~ I~~- Fire APPROVAL NO: ITEM: Close Hearing BY: Dana Alexon BY:~ Rental License Revocation DATE: June 23, 2000 DATE: 1'40: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Syed lt. nzn 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 June 26, 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 and paid aH fees and penalties. RECOMMENDED MOTION: Move to Close the Public Hearing Regardiog the Revocation or Suspension of the Rental License Held by Syed Rnza Regarding Rental Property at 4616 Tyler Street in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTF~ Meeting of June 26. 2000 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO: ITEM: Close Hearing BY: Dana Alexon BY: ~ Rental License Revocation DATE: June 23, 2000 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Christopher Decker regarding rental property at 218-220 42aa Avenue for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of June 26, 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 and paid all fees and penalties. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Christopher Decker Regarding Rental Property at 215220 42~a Avenue in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: CITy COUNCIL LETTER Meeting of June 26. 2000 ~.//_/~ ~ ORIGINATING DEPARTMENT: CITY MANAGER AGENDA SECTION: '/ Fire APPROVAL NO: ITEM: Close Hearing BY: Dana Alexon B'Y~ Rental License Revocation DATE: June 23, 2000 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Larry Wakemnn regarding rental property at 4147 W~n Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of June 26, 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 and paid all fees and penalties. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or SusI~nsion of the Rental License Held by Larry Wakeman Regarding Rental Property at 4147 Washington Street in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: June 26. 2000 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL No: ~- A-I~ Fir, ,/ , /, Applications NO: DATE: June 22, 2000 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Housing Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: June 26, 2000 ~ ORIGINATING DEPT.: ~-- CITY MANAGER AGENDA SECTION: ~l A-- License Department NO: -- ITEM: License Agenda BY: Kathryn Pepin ~O DATE: NO: DATE: June 23, 2000 BY: BACK~OUND/ANALYS/~ Attached is the business license agenda for the June 26, 2000 City Council meeting. The applications for Contractors are new applicants and are recommended for approval. 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. R~C(~ENDED MOTION~ Move to approve the items as listed on the business license agenda for June 26, 2000. COUNCIL ACTION: TO CiTY COUNCIL June 26, 2000 *Signed Waiver Form Accompanied Application 2il)QO BUSiIIIESS LICENSE AGElilOA APPROVED BY BUILDING OFFICIAL # *Marsh Heating and Air *Bowman Images dlb/a Sign-A-Rama *Team Mechanical Terra Firma Estates, Inc. *Westair, Inc. ADDRESS 6248 Lakeland Ave. N. 829 Marquette ave. 3560 Snelling Ave. 750 N.W. 4~ St. 11184 River Road N.E. FEES $50.00 50.00 50.00 50.00 50.00 Public Works Dept. *Bluemel's Tree & Landscape 551 Dru Drive, Hudson, Wi. 50.00 license.ag BRC FINANCIAL SYSTEM 06/22/2000 15:20:45 FUND RECAP: FUND DESCRIPTION 201 202 203 204 205 212 215 225 255 240 250 270 276 278 378 601 ~)02 603 604 701 720 881 884 885 886 887 GENERAL COMMUNITY DEVELOPMENT FUND ANOKA COUNTY CDBG PARKVIEW VILLA NORTH ECONOMIC DEVELOPMENT AUTH SECTION 8 STATE AID MAINTENANCE PARKVIEW VILLA SOUTH CABLE TELEVISION RENTAL HOUSING LIBRARY COL HGHTS~AFTER SCHOOL ENRI DARE PROJECT LOCAL L~ ENFORCE BLK GRANT JUVENILE JUSTICE GRANT MEDTRONICS - DS CAPITAL IMPROVEMENT - PIR WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR CENTRAL G~RAGE DATA PROCESSING CONTRIBUTED P~OJECTS-REC INSURANCE ESCR[~. INVESTMENT TRUST FLEX BENEFIT TRUST FUND TOTAL ALL FUNDS BANK ~CAF': BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS Check His tor)~ DISBURSEMENTS 2~795.25 1~411.05 5~05.74 4~5.71 2~1.51.17 1~804.53 1~6.78 1~548.18 7~071.,~5 50.00 85~054,,51 10~081,,88 1~808.01 74.5~ 108~854.40 2~681.55 62.74 5,~055.87 20~881.67 1~500~000.00 1~045.00 1~889~458.51 DISBURSEMENTS 1~88~458.51 1~88~458.51 BRC FINANCIAL SYSTEM 06/22/2000 15 Check History 6/26/00 COUNCIL MEETING CITY OF COLUMBIA HEIGHTS GL540R-V06.27 PAGE 1 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT AARP ABC SIGN & GRAPHIC INC ANDRES/JEAN BELLBOY BAR SUPPLY BELLBOY CORPORATION BIFF'S, INC. CARF~/JULIE CITY PAGES CITY WIDE WINDOW SERVICE CRAIG/STEVEN DAMEROW/LO~.EN & LOIS DIETZ/VAL DISTRICT 15 COMMUNITY ED ERICKSON/JULIE FENNE/AVERY FISCHBACH/VICKI GENUINE PARTS/NAPA AUTO GROSSE/PAUL HANKTON/LEDORA HATLESTAD/DON HEINRICH ENVELOPE CORP IKON OFFICE SOLUTION JOHNSON/THOMAS M ~KLEMPKA/RAYMOND ~.ANCER CATERING MCFOA - TREASURER MINNEGASCO MN DEPT OF REVENUE MN REC & PK ASSOC - MRP N S P NORGAN/SHA~ON PAYNE/~ANE PC SOLUTIONS PEPSI-COLA-7 UP PETTY CASH - GREGORY GAG. PETTY CASH - KAREN MOELL PETTY CASH - MARY DUGDAL PFEIL/MARLIN PHILLIPS WINE & SPIRTS POGUE/GREG F'RIOR WINE QUALITY .WINE & SPIRITS RETAIL DATA SYSTEMS OF M SCHMIDTBAUER/SUE SCHUMACHER/RANDY SCIENCE MUSEUM OF MINNES SPIAA 86651 86654 8~55 86656 86658 8~ 8~40 8~6A 1 8~42 8~45 8~644 8~ 5 8~4~ 8~47 ~48 8~50 ~51 8~652 8~6~ 8~ 54 8~655 86657 8~58 8~5~ 8~0 8~1 8~5 86~4 8~ 86~67 8~6~8 8~70 8~72 8~74 8~675 8~7~ 86677 170. O0 472 ~. 01 58.90 567.49 975.78 70.26 266.95 420. O0 24.50 50.. O0 55 ~00 5,515.76 9.00 6~8 ..00 ~. 58 45. ~2 555. O0 85. 505. O0 985. 56.24 250.00 578..75 55. O0 120 252.00 575.00 15.00 ~50. O0 ~.75 ~gt~. 50 475. O0 ~0 .. 246. 277.10 4 .. O5 ~01.80 650. O0 175.00 BRC FINANCIAL SYSTEM 06/22/2000 15 Check History 6/2&/00 COUNCIL MEETING CITY OF COLUMBIA;HEIGHTS GL540R-V06.27 F~GE 2 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT STANGLER/SCOTT STAR TRIBUNE STATE OF MINN-CPV PROG~A TOWNHOUSE-APT MANAGEMENT U S WEST COMMUNICATIONS WILSON-HOLMES/REBECCA AFFINITY PLUS FEDERAL CR AFSCME DELTA DENTAL FIRST COMMUNITY CREDIT U ICMA RETIREMENT TRUST 45 MN CHILD SUPPORT PAYMENT NCPERS GROUF' LIFE INS 39 NORWEST BANK - PAYROLL A ORCHARD TRUST COMPANY PERA PERA -- DEFINED CONTRIBUT PRUDENTIAL LIFE INSURANC RAMSDEL. L SCHOLARSHIP FUN STANDARD INSURANCE COMPA UNION 49 UNITED WAY ACCAP AID ELECTRIC SERVICE AMRO/RAEDA ANDERSON/DAVID ANDINO/URSULA APACHE VILLAGE APT-CONSO AT & T CONSUMER LEASE BUNKER PARK STABLES COPEL. AND/RANDALL CREATIVE INCENTIVES DAVES SPORT SHOP EDLUND/DORINDA FI...OYD TOTAL SECURITY GENUINE PARTS/NAPA AUTO GRIGGS-COOPER & CO HILLTOP TRAILER SALES IN JOL. L.Y/DONALD KOWAL/AMANDA KOWALZEK/NARVEY MARINO'S RESTAURANT MEISSNER/RICHARD MENARDS CASNWAY LUMBER-F MERON/BOBBIE MINNEGASCO MORITZ/ALICE 8&678 12.00 8~680 350.00 8~8.1 1~427.00 8~82 1~2~5.97 86~8..~ 6.00 8~&8~ ~50.00 8~585 980.71 8&&87 1~10.00 ~&88 10~046.&0 8~8~ 808..1& 8~0 50~.00 8~1 148~7~.72 8~2 86694 90.00 ~69.5 ~5.80 866,~6 42.25 .86&97 84i.44 866~8 609.00 .~699 47..00 86700 1~545.00 8~702 8&705 15~.25 86704 7~.00 ~705 ~?.00 8~70~ 47.82 8&707 841.05 8&708 8&70~ 444. i4 8&710 8~.4& 8&7ii 845.~4 8&7i2 70'.00 8&7i5 i04.85 8&714 8~7i5 55.52 8&71& 528.45 8~717 15.00 8~7i8 445.00 8~71~ 8&720 451.00 8&72i ~722 240'.~7 8&725 4~7.46 8&724 102.50 BRC FINANCIAL SYSTEM 06/,:.~./~-.000 15 Check History 6/2~/00 COUNCIL MEETING CITY 0~ COLUM~)~A.HEIGHTS GL540R--V06,27 PAGE BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT N S, P OLD LOG THEATRE OUELLETTE/SHENA PEARSON/KEN PEDDYCOART SERVICE GROUP PETTY CASH - CIHDI WILLP PETTY CASH - JOANNE BAKE PETTY CASH - MARY DUGDAL PRUDENTIAL LIFE INSURANC RIEDDIN/SHARON RI~:BE~G/GLORIA ROI..STAD/VALERIE SCHINDLER ELEVATOR CORF' SEAWELL/DAVE STURDEVANT/JOSEPH S. U S WEST COMMUNICATIONS V[)IGTS BUS COMPANIES A & C SMALL ENGINE ACE HARDWARE ACE OF DIAMONDS TOUR ALBINSJON AMERIPRIDE ANOKA COUNTY ANOKA COUNTY SHERIFFS DE ARAMARK ASSOCIATED SALES & BAG C BAKKEN/CHERYL BARCO PRODUCTS COMPANY BARNA GUZY & STEFFEN LTD BAUER BUILT TIRE & BATTE BITUMINOUS ROADWAYS~ INC BLUE RIBBON CHEM-DRY BUILDING FASTENERS CAREERTRACK SEMINARS CA~L. SON OFFICE PRODUCTS CEDAR PLUMBING CH~..IN/MICHELLE CHILDRENS HOME SOCIETY CHISAGO LAKES DISTRIBUTI CITY ENGINEERS ASSOC, OF CITY WIDE LOCKSMITHING COCA-COLA BOTTLING MIDWE C[~.UMBIA HEIGHTS RENTAL. COLUMBIA HGTS-FRIDLEY KI COMP ED SO'LUTIONS CREATIVE FO~MS & CONCEPT CREIGHTON~BRADLEY & GUZZ 86725 8672~ 86727 86728 86729' 86750 86~51 867~2 86734 867~5 86756 86757 86758 86759 86740 86741 86742 86743 86744 86745 86746 86747 86748 86749 86750 86751 86752 86755 86754 86755 86756 86757 86758 8675~ 86760 86761 86762 8676J$ 86764 86765 86766 86767 86768 86~69 86770 86771 ~-956.60 810. O0 250,00 55,5, O0 ~-065.01 74.29 85,00 95.47 25.50 194.24 1.5. O0 12.00 178.. 07 150.00 174.00 176,57 71_4.54 15.95 80,27 20. O0 25.52 42, 18 648.55 10~. 16 24. ~ 172.90 17 ~.517.. 50 .32.96 125.96 267.50 20.50 129.0'0 51.90 114.~ 145.91 000. O0 80. O0 20.24 ~0. O0 ~ 7~. O0 845, ~ ~554.85 BRC FINANCIAL SYSTEM 06/22/2000 15 Check History 6/26/00 COUNCIL MEETING BANK VENDOR CHECK NUMBER BANK CHECKING ACCOUNT CUSTOM LIQUIDATORS . DANKA OFFFICE IMAGING CO DAVID BANKS STUDIOS DETERMAN BROWNIE~ DIAMOND VOGEL PAINTS EAST SIDE BEVERAGE CO EMBEDDED SYSTEMS FIDELITY SERVICES INC F'LEXIBLE PIPE TOOL CO. FOCUS NEWSPAPERS F'RANZ REPRO~ FRIDLEY-COLUMBIA HEIGHTS FRIENDLY CHEVROLET GEO~ G & K SERVICES G~[LBERT MECHANICAL GILLUND ENTERPRISES GOOI)IN CO. GRIGGS-COOPER & CO HAF'PEL DBA PLANSIGHT/JER HARVEST PAINT HEAL.TH PARTNERS HENNEPIN PARKS HOHENSTEINS INC HOME DEPOT #2802 HOOVER WHEEL ALIGNMENT I IBM CORPORATION IPC PRINTING JOHNSON BROS. LIQUOR CO. K MART KENNEDY & GRAVEN KUETHER ~IST. CO. LAW ENFORCEMENT OPPORTUN LEAGUE OF' MINNESOTA CITI LOWRY CENTRAL BOWLERS MAC QUEEN EQUIPMENT CO. MARK VII DIST. MARTIN-MCALLISTER MCFOA - TREASURER MEDT~ONIC INC MENARDS CASHWAY LUMBER-F METRO WELDING SUPF'LY METROCALL -.ATT MESSAGIN METROPOLITAN COUNCIL MILl_AR ELEVATOR SERVICE MINNEAPOLIS SAW MINNESOTA WINEGROWERS CO MINNESOTA ZOO 86772 86775 86774 86775 86776 8~777 86778 86779 8~780 .86781 86782 86785 86784 86785 86~8& 8~787 86788 86789 86790 86792 86795 86794 86795 86~9~ 86797 8~778 .8~799 86800 86801 8~02 8~804 8~805 8680~ ~807 ~808 8~809 8~810 86811 ~812 8~814 8~815 86816 8~817 8~818 CITY OF COLUMBIA HEIGHTS. GL540R-V06.27 PAGE 4 AMOUNT 18~. 57 692.5]. 50 49.52 1,029.81 20 ~ 220.86 708. O0 100.70 ~85 500. O0 151.7~ 514.50 · 4 5.55 4 ~ 7~8 ~75 ~'02.50 58. O0 5 ~ 78~. ~5 18~. ~8 175.48 14 ~ 258.. 80 25. O0 ~. 50 15~ 447. O0 ~09. O0 55.00 85~ 05~. 51 8~. ~7 52 ~ 552. O0 58..80 67. O0 558. O0 BRC FIHANCIAL SYSTEM 06/22/2000 15 Check History 6/26/00 COUNCIL MEETING CITY OF COLUMBIA HEIGHTS 8L540R-VO~-.27 PAGE 5 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT MIR~LE RECREATION MN DEPT OF ADMINISTRATIO NORTH STAR ICE OFFICE DEPOT OMNI-PURE PAGENET OF MN F'ARK SUPPLY F'ARI(VIEW VILLA RESIDENT F'ATTON IND. PRODUCTS PAUSTIS & SONS PC SOLUTIONS PEPSI-OOLA-7 UP F'NILLIPS WINE & SPIRTS PRIOR WINE PRO STAFF PROEX - WOLF CAMERA RAPIT PRINTING -- FRIDLEY SHERWIN WILLIAMS SIGN LANGUAGE & GOLDEN A ST CLOUD STATE UNIVERSIT ST PAUL-WC/THE STREICHER GUN'S INC/DON TAHO ~O~TSWEAR TAUTGES~ REDPATH~ & CO.~ TECHIFAX BUSINESS SYSTEM TRANS-ALARM INC UNIFORMS UNLIMITED INC UNITED BANKERS BANK VOIGTS BI.~ COMPAN. IES WH PENNEY COMPANY WILLAMETTE INDUSTRIES IN WILLIAMS STEEL & HARDWAR WW GRAINGER YOUNGDAHL COMPANIES NORTHEAST STATE BANK 8681~ 8~820 405.08 86821 775.40 86822 751.07 8~B25 46.84 8~824 8~825 51.24 8682~ 86827 &.lO 86828 2~5.84 8~82~ 254.50 86850 122-.08 8685.1 4~248.8~ 86852 868..8~ 86855 652.40 8~854 41.14 86855 58.87 86856 42.0~ 8~857 125.~7 86858 .456.00 8685~ 8~125,.81~ 86840 ~41.~2 868~1 12~.~25 86842 ~054.75 8~45 ~844 247..~5 ~845 1~.21~.48 86846 15.00 8~847 470.84 8~848 10.~5 8~84~ 705.42 8~850 8~51 ~ .~ 12 ~852 5 ~ 2~. O0 ~855 1 ~.5OO.~O. OO CITY OF COLUMBIA HEIGHTS Meeting of: June 12, 2000 AGENDA SECTION: Consent /t_..A ORIGINATING DEPARTMENT: CITY MANAGER NO:{SJ/n Communit~ Development APPROVAL ITEM: First Reading of Ordinance - 1414, BY: Kenneth R. Anderson ~ ._BY: Extend Moratorium on Telecommunication DATE: June 9, 2000(--, if, Towers ISSUE STATEMENT: Request to extend Moratorium on TelecommuniCation Towers and antennae for 60 days from July 10, 2000 through and including September 7, 2000. BACKGROUND/ANALYSIS: On May 18, 2000 the Telecommunications Commission reviewed the Telecommunications Towers/Antennae section of the draft Zoning Ordinance to provide comments to the Planning and Zoning Commission and City Council. We have attached for your information a copy of the minutes from that meeting which also outlines the discussion and recommendations. The Telecommunications Commission recommended that extension for commercial towers only. The draft Ordinance has not been changed to limit the moratorium only to commercial towers/antennae and thus will apply to all towers/antennae. ltECOMMENDATION: The Telecommunications Commission and Planning and Zoning Commission are recommending the City Council extend the moratorium for a period of at least 60 days for commercial installations of towers, antennae, or dishes. RECOMMENDED MOTION: Move to waive the reading of Ordinance 1414, there being ample copies available to the public. I~COMMENDED MOTION: Move to approve Emergency ordinance 1414, Being an Ordinance of the Columbia Heights City Council for a 60 day extension of the moratorium on the placement, construction, and modification of towers and wireless telecommunications facilities within the City of Columbia Heights. Attachments: Resolution 2000-04; February 7, 2000 and May 18, 2000 Telecommunications Commission minutes; draft Zoning ordinance, Section 9.615. COUNCIL ACTION: EMERGENCY ORDINANCE 1414 BEING AN ORDINANCE OF THE COLUMBIA HEIGHTS CITY COUNCIL FOR A 60 DAY EXTENSION OF ~ MORATORIUM ON THE PLACEMENT, CONSTRUCTION, AND MODIFICATION OF TOWERS AND wn~ELESS TELECOMMUNICATIONS FACILITIES WIT~I~ N THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does Ordain: Section 1: WHEREAS, on February 8, 1996, Congress enacted the Federal Telecommunications Act of 1996, P.L. No. 104-104, to deregulate the telecommunications industry, providing a more competitive environment for wired and wireless telecommunication services in the United States; and, WHEREAS, increased competition in the market for wireless telecommunications services may create an increased demand for antenna sites on towers and other antenna support smactures necessary for providing wireless service via existing and new technologies; and WHEREAS; the Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction, and modification of towers, antenna support structures, and wireless telecommunications facilities in order to protect the health, safety, and welfare of the public; and, WHEREAS, the Columbia Heights Zoning Ordinance currently allows pubhc utility structures as a Conditional Use Permit in every zoning district within the City except for the I-2, Industrial District which does not allow public utility s~ructures; and, WHEREAS, the City Council determines it is necessa~ to complete the Comprehensive Plan update and the rewrite of the Columbia Heights Zoning Ordinance and conduct further research and analysis as to appropriate zoning and performance standards for towers and wireless telecommunications facilities within the City. Section 2: NOW, THEREFORE BE IT RESOLVED THAT in an effort to protect the heal'th, safety, and welfare of the public the Columbia Heights City Council hereby imposes a 60 day extension to the moratorium on the placement, construction, and modification of towers and wireless telecommunications facilities within the City of Columbia Heights, with said moratorium commencing and effective Suly 10, 2000 through and including September 7, 2000 and recognizing said moratorium will effect only those applications for the placement, construction, and modification of towers and wireless telecommunications facilities submitted to the City after the date of adoption of this ordinance. Section 3: This Ordinance shall be in full force' and effect from and after July 10, 2000 and extending through and including September 7, 2000. Offered by: Seconded by: Roll Call: Palricia Muscovitz, Deputy City Clerk Joe's Filc\Ord 1414Ext. Towers Moratorium Mayor Gary L. Peterson ' ILV. SOL~ON :2000-04 BEING A RESOLUTION OF ~ COLUMBIA _~'~GHTs CITY COUNCIL IMPOSING A SIX MONTH MORATORIVJM ON ~ PLA~, CONSTRUCTION, AND MODIFICATION OF TOWERS AND WIRELESS TEI~CO~CATIONS FACILITIES ~ THE CITY OF COLUMBIA m~'-~GItTS w~rg. REAS, on February 8, 1996, Con/~ enacted the Federal Telecommunications Act of 1996, P.L. No. 104=104, to detente the telecomm_ unications industry, providing a more competitive environment for wired and wireless telecommunication services in the United States; and, W~-REAS, increased competition in the market for wireless telecommunications serv/ces may create an increased demand for antenna s/tea on towers and other antenna support structures necessary for prov/ding wireless aery/ce v/a existing and new technologies; and, WI~REAS, the Telecommunications Act of 1996 preserves the author/ty of the City to regulate the placement, consW~ct/on, and modificati.~ of towers, antenna support structures, and wireless telecommunications facilities, in order to protect the health, safety, and welfare of the publ/c; and, WI~-REAS, the Columbia He/ghts Zoning Ordinance currently allows public utility su'uctures as a Conditional Use Pcrm/t in every zoning distr/ct w/thin the City except for the I-2, Industr/al Distr/ct which does not allow public utility structures; and, Wng. REAS, the City Council det~,,Mnes it is necessary to complete the Comprehensive Plan update and the rewrite of the Columbia Heights Zoning Ordinance and conduct further research and analysis as to appropriate zoning and l~'formanoe standards for towers and wireless telecommun/catlons facilities w/th/n the City. NOW, THEREFORE BE IT RESOLVED THAT in an effort to protect the health, .safety, and welfare of the public the Columbia Heights City Council hereby imposes a six m6nth moratorium on the placement, construction, and modification of towers and wireless telecommtmicafions facilities within the City of Columbia Heights, with said morator/um commencing and effective the date of adoption of this resolution, and recognizing said morator/um will effect only those applications for the placement, conslruct/on, and modification of towers and wh'eless telecommunications fac/l/ties submitted to the City after the date of adoption of this resolution. Passed this 10" day of January, 2000 Offered by: Szurek Seconded by: .Jolly Roll Call: All ayes l~atr/~ia M~covi~ D~uty ~:ity Clerk TELECO~CATIONS COMMISSION MINUTES OF FEBRUARY 17, 2000 PAGE 3 NEW BUSINESS Notice of Rates .for Programming ~rvices and Equipment Effective January, 2000 Notice ofrates for pro/rammin~ services and equipment effective lanuary 1, 2000, were enclosed in the agenda packets. It was noted that the rate for basic service went down, and the rate for preferred service went up. It was noted that the city received numerous calls re~arding the latest/ncrease in rates. Subscribers that called feel cable se~ce/s not affordable any lender and that because there is no real competition out there, ~ are being over charaed for the product. B. MediaOne offers IN/ital Telephone Service Beginning in December, 19~9, MediaOne now offers digital telephone services includ/ng 15 popular calling fealures. Detailed information and pricing was enclosed in the agenda packet for review. C. Receipt of 4* Quarter Franchise Fee .- A copy of the franchise fees of $27,4~7.16 for 4' quarter 1~9 were enclosed in the packets. There was an adjustment made tothe 4* quarter check due to an overpayment from 3d qmum'. Due to a number of corrections, adjustments, and irregularities noted by a number of franchises, it was recommended we perform an audit on the franchise fees. These fees have not been audited since 1990. Bemick and Lifaon (our attorneys) have entered into an agreement on our behalf with Aepund & Skokan to perform the audit for the year 1999. This audit should begin soon. As other cities and commissions served by MediaOne will be participating, the costs will be shared. D. Notice of Semi Annual Proof of Performance Testing in February Notice was given January 10,12000, of the semi-annual proof of performance testing that will be done in February. Subscribers may experience 30 seconds of interrupted service due to the testing. E. Other New Business *Linda reported that there will be two openings on the commission, so if anyone knows of an interested party, have them contact the Deputy City Clerk for an application. Ruth Graham does not wish to be re-appointed, and lulienne Wyclmff(Council lb~resentative) will become a non-voting Council liaison to the Commission, due to an Ordinance change recently passed by the City Council. *Linda reported that the city council recently passed a moratorium on Antennas being constmc~ in Columbia Heights. This moratmium was established to allow the Planning and Zonins Commism~ to establish a policy regarding phcemeni oftowm and antrum in our city. lien Henke felt strongly that the Telecommun/cations Commission should be ./eviewing these requem in addition to the P & Z Commission. Once a policy is .. --)~,.~ established, the plan will be submitted to the Telecommunications Commission for review. Steve cautionea me._ ~t"~' commission on the legal ramifications ofdenyin~ placement of these antmmas. 47 U.$.C. § 332 (¢) (7) addresses this matter and the limitations cities have. Linda stated that it may be nec~sary to review exactly what the role of the Telecommunications Commission is. What areas fall into the responsibility of this commission versus the responn'bilities of other commissions. *Reuben asked for information on the infra wd cameras that were purchased by the Fire Depart~ent. He is concerned with the radio frequency that is used to lransmit the picture to a off site display monitor. Has the city checked into the licensing of the radio frequency for this equipment. He was interested in a demonslration. Linda indicated that it was demonstrated at a recent council meeting. He should contact Jean Kuehn to view the tape, if interested. TELECOMMUNICATIONS COMMISSION MINLrl'ES FROM MEETING OF MAY 18, 2000 PAOE 2 B Draft Zoning Ordinance Rcgmfing Telecommunication Towers/Antennas This ordinance is being ~.to provide for the installation oftelecommunication towers and antennae in a manner that balm the nmi for such f~lities with the potential adverse ~ on public health, safety, and welfare. The provisions of this section are intruded to encour~e the co-location of facilities in order to minimize the number of towers needed to serve 'the community. Seen explained tlmt while this is really a zoning issue to be addressed by the Planning and Zoning Commission, the City is seeking input on any technical issues that should be included, or changed in the Ordinance. Reuben stated that he would like to Table Pm't 3 (Private Anmmae and Towers) until he has time to check with others in the area, especially the ham radio operators. He claims there ~re about 75 ham operators in the area that could be affected by this. He also feels the "shall not exceed 60 feet height" mentioned in the ordinance is too restrictive. He thinks ?$ fl would be better. The need for a clear signal, above the axe line, is imperative. Reuben would like to see ham operators excluded from the moratorium and from the requiremente listed in the Draft Ordinance. The commission members also felt that maybe the restrictions for commercial and private residential towers, antennaes, or dishes need to be separate issues. Steve Guzzette, om' legal counsel, also cautioned that there are already regulations established by the FCC and PUC that address such issues, and that the city may be limited as to what they can actually enforce. There are many regulations regarding barn operators that prohibit cities from denying them access to operate. Steve warned agains~ rushing through this and passing something fl~t could potentially lead to a lawsuit. He felt a clear definition of the terms antennae, towers, and dishes needed to be established. He thinks someone with more knowledge in this subject area should be reviewing or writing this ordinance. Dan Swee also had a concern with Section 4.e. restricting the size to 200 SCl. ft. He felt that should be increased slightly. After further discussion, the commission made the following motions: Motion by ~ob, seconded by Brad to recommend tAe City obtain legal counsel knowledgeable in the telecommunication~ fteld, and the regulation~ already in place, to help ut write an ordinance that would provide guidance or addre.~ additional inalallation$ of tower~, antenna~, and dl~he~. ,411 ayes. Motion by Ruehen, seconded by Dan &a~ee to recommend the exten~on of the moratorium for a period of at lca~t 60 days for COmmercial inttallation$ of tower~, antenna~, or di~A~. ,411 ayes. Creighton, Bradley*& Guzzetta Attn: Steve Guzzetta 5~02 Parkdale Dr #102 ~}nneapolls, HN 55q16 · A?R-27-2000 THU 03:43 ?t~ F~ NO. P. 02 9.614 2) 4) 9.61S 1) · Building Design $1andnrtL~ i'tu'ix~.&'e. 'Jl~o purpose of this section is to pmtnote quality dcv,elopment Iliroughout Iht community that is nllrnctivc and visually compatible with adjacent dove[opulent. ,' Design Review Rwlu/rr.d. Approval of building elevations is requin:d for all now commercial, industrial, institutional and multi-f,'mqily dev¢lopmcnl. Building design alrpmval is also required for any remodeling or oxpansions activily that increases thc overall si~ of the building by 10 percont or more. R. ilding Materials and .Design. shall bo adhentd Io: a) Building materials for all ~intcn~cc and surrounding properties. c) The fellowin8 material and design standards projects shall be durable, rcqaire low sam~ or hotter quality that that used on Building elcv;ttions should include a vm'icty of architectural featum~ and building malcrials to pm~do visual into~t and five ~h pmj~t a distill ch~. $~ial ca~ should ~ given to building elevations ~at C~e a public ~t.of. way or a m~i~n~al ~u. O~, ~ndow f~cs, ~aing walls, ~d other ~hitc~l f~qtu~ should ~ finishS' to complement thc color ~d ~cfial of the ~ndpal building. Ail additions, exteri~ alt~tions or acces~ buildings constructed afior thc original buildings sh~dJ ~ of thc same material and d~ig, as thc o~ginal stmctu~. Ho~r, Ihis ~oviaion grail not pn~ibit the upgmdin8 of thc q~lity.of malorials ~d in a rcmo~ling or ~pausion activity, p~vidcd ~aid upgad~ n~t~al complen~ thc o~ginaL Applica/irm of Master Phm Di.r/rict Provisio/~. Properties localcd within thc Ristrict bounc~rics of master plan ama ahalt also be subj~t to thc district provisions or the m,~tcr plan. 'relecommunicaflm~ Towers/Antennae Pure. se. 'l'h¢ purpog o1' this g'~tion is lo provide for tho installation of tel¢conm~unication towo~ and anl¢flilnO in a mnam:r that balnnce~ the need for ~uch Facilities with the potential advene impacts on the public he'.dth, ~fety and w¢l/'are. Thc provisions u£ this aec:don are intended to cncournge the co4oc,'uion oF I'aciliti~ in ocd~.v to minimize ~h¢ number of towers needed to serve the community. City o f Columbia llcights Dev~:iopm~:m Ordinungu .- .g~tion 6 for Rex icw- 4.27.00 Pa.ac 26 · ~R-27-2000 THU 03:44 P~ F~ NO. P. 03 2) General Provisions. Thc following standards rd~all apply to all · telecommunication towers and antcrmae: a) ¢) d) c) 0 g) ltl i) j) k)' l) Al/ob~oh:tc and u,lu~cl antennae shall be removed wilhin six (~) months of cessation of o~radon of thc sim, unless ~ cxc~don is ~tc~ by thc ~ning AdminisiratOr. All antcnn~ shall comply wi~ applicable building ~d el~tdc~ c~c J~qttJrcmcnc~. S~ctur~l d~iGn, ~o~in~ ~d in~J~ion gr thc ~m~a wilh ~c manufaclu~'~ ~cificulion.. 'l~c hci~h~ of Lhc anlenna ~hali ~ Lhc minimum n~a~ m function ~adst~c[odly. as vcd~ by ~ elcctdcA] en~in~ or olhcr Anlennae ~h~lf no~ [~ :ulifici~l~ iUumin~Lcd ~ie. a governmental agency m pmt~t the public's health ~d safmy. When applicable, a pA~al to install a n~ ~tenna shall ~ accmnpanicd by uny ~ui~d Federal. $Lq~ or i~a) agency Towc~ under 200 f~L in height shall ~ paint~ a non~on~ring color consistcf~t wM] thc su~unding u~a, such as blue. ~ty, brown or silver, or have ~ g:dv~i~xl finish, to r~ucc visual imp~t. 'i~c tower shall nmet d~e setback ~qui~m~ts for a principal strucLu~ in ~c zoning distffct in which it is 1~. 'll~c minimum ~t~ck from thc pro~y linc ~mll ~ ~c height of thc tuw~, unless a qualifi~ s~ctuml cngin~r s~i~ c~llap~ of Ibc rower will ~ur within a l~cr dist~cc un~r all IbJ~ccablc cJ~unlsfanccs. 'Ibc antenna tower sh~i be self su~[m~ing ~r~gh ~c usc of a design that uses ~ o~n ~c or mono~le cons~cUon. P~mancnt pl~ron~ or st~ctu~, exclusive of antenna, ~hat in,case oft: si~ visibility a~ pJohibitcd. No advertising ~ssagc shall ~ a~x~! to tl~ antenna mn~tu~ ~Jr lower, except as may ~ ~qui~d hy imy ~deml or Stale ~gulations. Prit,ate Ante/urea mtd Tower. t Pdvatc (non.commercial) receiving or tn~r~mitting antennae and towers ~ ~it~cd zoning districts, subject to thc following ~ui~mcfl~: a) The combin~ heist of thc ~tcnna ~d any atn~ to which the antenna is atlach~ shall nOt esc~ ~ f~t, as ~u~ from ~und elevation m fl~ high~L ~int or the tower or antenna all~hed Lhe~to. F~ding mwe~ ahal] ~ I~mcd within the ~ y~. c) ~e mw~ shall not ~ u~ for c~q:tl d) ~e i~llation ofmo~ than one (i) rower ~r p~y sh~] sequi~ the approval of a conditional us~ Columbia )¢velupmcn! Ordinance Draft fur Review- 4.27.00 Page 27 J -~R-27-2000 ~U 03:44 PR FA ltO.~ ?, 04 Comnmr¢inlAnlcnm;eandTotvcr~. Commercial ;ccivJngort~nsmiUh~g ;mtcnn~ and towe~ a~ subject to thc following pmvision~: Aniean~ co-/~ated with ~ c~scntial ~icc stmcut~ (wat~ tower. ol~tgcal Iransmi~ion linc. olc) ~all ~ a ~m~it~ u~ in all zoning distdc~. · ~ Antennae ~-l~ulcd on an cstubli~ com~mial ante~a or tower ~aii be a ~.~ilmd ~ in lite com~wi~ ~d in~al z~ing dis~c~. Antcmme ai~d to. but s~ot a~ve. thc ex,der w~ls o~ a building us an intcg~! ~ of t~ ~hi(~tum ~all ~ a ~i~cd um in Ibc commc~hl and/ndusl~al zoail~g dfsldcts. Antcnn~ not co-located w/t~ an c~nfial servi~ s~uctuw or established commcwi.l ~ican: ur tower ~uiw thc approval of a condilim~al usc ~nnit in Ibc commercial ~d indus~al ~ning dislficts. Such antcnn~ am prohibited i. ~'wsi/~nlial ~n/ng distd~. Acce~so~ ~uipment l~soci~d with f~-st~ng towcn ~d un~nn~ droll ~ I~atcd ~l~n m~ ~uipmcm ~i]~ng consl~ctcd otmatcri~s ~d color compatible wilh ~c p6ncipal building, ir ~y, and thc ~un~nding a~a. Said ~uip~n[ building sh~] not cxc~ 200 square fcct Jn a~ or 12 f~l in hc~ght. Ci[y ol'Culumhia JI¢ighf.~ Draft g~r Review - 4.27.00 Page 2R CITY OF COLUMBIA HEIGHTS Meetinl~ of: June 26~ 2000 1 AGENDA SECTION: Other Ordinances ORIGINATING DEPARTMENT: [ CITY MANAGER and Resolutions Community Development I APPROVAL NO: 7-A-1 I ITEM: Adopt Resolution 2000-43, Being A BY: Kenneth R. Anderson ' ~a I~ I BY: / ~/~~/~-~ Resolution adopting the City of Columbia DATE: June 23, 2000 Heights Comprehensive Plan ISSUE STATEMENT: Review and approve the update to the Columbia Heights Comprehensive Plan for submittal and final review and approval by the Metropolitan Council. BACKGROUND: The Comprehensive Plan for Columbia Heights sets a base line for development and redevelopment and serves as a guide document for decision makers for the next twenty years. The Plan includes Goals, Policies, and implementation strategies for a variety of plan elements including community image, land use, housing, surface water management, historic preservation, energy conservation, transportation, aviation and airports, water supply and waste water, park and open space, economic development, and inter-governmental cooperation. The City started the planning process by hiring SRF Consulting Group, Inc. to assist with the preparation of the Comprehensive Plan and rewrite of the Zoning Ordinance. An extensive public participation process was initiated in May of 1998 when the Minnesota Design Team visited the City. Several other meetings were conducted with the Planning Advisory Committee. A memo to the Planning and Zoning Commission dated May 4, 2000 outlines the purpose of the Comprehensive Plan and citizen participation process which was completed in May of 2000 with the Comprehensive Plan Public Hearing conducted by the Commission. ANALYSIS: The most recent extension granted from the Metropolitan Council for submittal of the Comprehensive Plan will expire on June 30, 2000. Accordingly, we have placed approval of the Comprehensive Plan on this agenda and have incorporated recommended changes by the City Engineer into the Surface Water Management Plan Element. This draft of the Comprehensive Plan is essentially unchanged from the Plan submitted to the Councilmembers back in January, 2000. We have attached a copy.ofa memo from the City Engineer noting the changes to the Surface Water Management Plan for your information. We have also attached revised pages 53 and 76-84 to be inserted in your Comprehensive Plans sent to you in January 2000. If you do not have your plan, please contact me by early Monday and a full copy will be available by Monday afternoon. RECOMMENDED MOTION: Move to waive the reading of Resolution 2000-43, there being ample copies available to the Public. RECOMMENDED MOTION: Move to adopt Resolution 2000-43 being a Resolution of the Columbia Heights City Council adopting the City of Columbia Heights Comprehensive Plan subject to final reviewal and approval by the Metropolitan Council. C0UN,CIL ACTION: H: \Consent2000\Res 2000-43 RESOLUT 01 2O0O-43 BEING A RESOLUTION OF TIlE COLUMBIA I~IGHTS CITY COUNCIL ADOPTING ~ CITY OF COLUMBIA l~EIGHTS COMPREI~ENSIVE PLAN, SUBJECT TO FINAL REVIEW AND APPROVAL BY ~ METROPOLITAN COUNCIL ~REAS, State Statutes (Minn. Stat. 473.175-473.871 (1996)) requires that cities review and revise their comprehensive plans for consistency with Metropolitan Council policy plans; and WHEREAS, the Metropolitan Council has amended its policy plans; and has provided system statements outlining Council policy relative to the City; and Wl~REAS, the City of Columbia Heights is required to review its comprehensive plan for consistency with the mended policy plans and to prepare a revised comprehensive plan for submission to the Metropolitan Council; and WI~REAS, the City of Columbia Heights has scheduled and budgeted to complete a major review and update of its comprehensive plan, and has proceeded diligently to complete its comprehensive plan for Metropolitan Council review; and, WI~EREAS, the City of Columbia Heights facilitated an extensive public participation process to assist in the preparation of the Comprehensive Plan; and, WI~EREAS, on January 14, 2000, the City of Columbia Heights circulated the revised document to the adjacent governmental units and affected school districts for review and comment; and, WI~EREAS, the Columbia Heights Planning and Zoning Commission held a public hearing on May 9, 2000, to review the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission recommended that the Columbia Heights City Council adopt the Comprehensive Plan. NOW, THEREFORE BE IT RESOLVED that the Columbia Heights City Council hereby adopts the Comprehensive Plan, subject to f'mal review and approval by the Metropolitan Council. PASSED THIS Offered by: Seconded by: Roll Call: DAY OF ,2000. Mayor Gary L. Peterson Patrieia Muscovitz, Deputy City Clerk J~-23-2000 FRI 01:40 PM F,':'J( NO. P, 0~/11 4. SURFACE WATER MANAGEMENT PLAN iNTRODUCTION Thc purposc el, a surface water management plan is to set forth a framcwork lo ensure thc conservation or waler resources, prevention et' flood damage, protection or surracc water bodies and natural watercourses, and n~ntcnanco and op~ation of stonu water convoy,'mco alsd storage systems. The majority of the, City ofColumbia Hcights is locatcd within thc Six Cities Water Management OrgmfiT~tion; however, thc southeastern portion of tho community is within thc Ri;c Crock Wa(crshcd District. This plan r~spm~ds to and is consistent with thc Columbi, tleight.~ g/ater Resource Management Plats (1992), and conforms with the most current policies m~d standanls of the Six Cities' l/Yater, dtcd Management O, gani~ation'Plan (1997) and the Rice (:reek ~Yater~hed Distt~ct Platt (1997, amended 2000). CLIMA'I.E The Twin Cities arm, including Columbi'~ Heights, has a conti~enlal-type climate because of ils proximity to tho geographic ccnt~n' of North Amcfica. Tho area has moderate amounts of precipitation, wide daily and seasonal tm~pcralum fluctuations, wamt humid summers, ~ cold 'wintcrs. Precipitation patterns arc influenced by moisture from the Gull, of Mexico msd occur as mits, freezing rain, snow and hail. Annual normal precipitation is appmninml~ly 26.4 i~ches, of which approximately two-thirds occurs during lhe summer roonlhs of May through $c'ptcmbcr. 'the auroral snow£alt in the Twin Cities area averages approximately 50 inches. On average, snow depth ~s six inches for 40-45 days per year, and over 12 inches for 20 days per year. Runoff from snowmalt can occur any time during the winter. Thc roost s~vcm suowmelt runoff conditions usually occur in March and early April, ~spccially when mia falls on top o1' thc snowpack. TOPOGRAPHY Most of Columbia Hcighls is rolling ~o hilly terrain with several small lakes and ponds. Elevation of th~ City ranges from approximately 1,020 fcct above mean sea Icvcl (I,020 msl) ncar thc Minneapolis Water Works txopcrty to approximately 850 feet above mcan sea level (850 msl) along the City's southern [n~rdcr with Minneapolis. GEOLOGY Thc surficial geology of CoMnbia tlcights consists of glacial and alluvial (mstwanh) deposits which cover most of thc community. Tho City of Columbia Heights is within the Grontsburg Sublohe of the [)es* Moines Lobe. The Granstburg Sublobc deposited silty till that was reworked by glacial mcltwat~rs which convert, d much of tl~ area within tho community into a sand plain, sandy lacustrine and valley train deposits. In th~: Columbia Heights' portion of thc Sublobe, a till deposit is present as ltilltop Moraim~. These glacial deposits, along with older glacial deposits, range from 100 lo 250 rcct in thickness and are underlain by bedrock. These glacial deposits wctc placed 12,500 to 14,000 years ago daring thc last pcrk~l o[' glaciation in rile Twin Cities area. JUN-23-2000 FRI 01:40 Hi F~ NO, ?. 03/11 Silver Ixtke is classified as a fisheries laky. Water quality pmblmm in thc Cokunbia l-Icights portion of Silver I. ak¢'s watotshcd would rcsutt primarily from inadequate tmttmont of storm water runoff prior to di~:hargc i,tto thc lake. Efforts should bo made to provide wet detention areas or other improvements whore practical. In 1999 and 2000, the City participated in a joint study through Ramscy County for mi evaluation of the Silver Lake Watershed. Tho City also participated irt a project with the Minnesota DNK in 1999 to install an aeration system in Silver Lake, which the City now nminlains and OpCTates. In addition, efforts have been made for wet detention in this tributa~ area. In 1998 and 1999, a detention pond w,'ts installed in Prc~tcmon Park (McKinley at 39 Avenue). A permit was granted by fl~o RCWD in 1998. Watersheds E-F-G - City of Minneapolis Drainage System (S~x Cities WMO) There am uo lakes or ponds in the City et'Minneapolis Draitmgu System watershed. Watershed H - City of Fddiey Drainage System (Six Cities WMO) 'rl~=re are uo hkus or ponds wiflfin thc City of Fr{dlcy Drainage System wat~-~hed. SURFACE WATER MANAGEMENT GOALS,POLICIES AND IMPLEMENTATION STRATEGIES Thc following surface water management goals have been developed for Columbia Hcigl,t~. Each goal includea uumbea'~ policies and bulleted implementation strategies that con, pond to tach of the policies. Tl~e goals and policies represents a compilation of the surface water management plans d~veloped in the Columbia lte. igl~ Water Resource Management Plan (1992}. nad conform with thc most current policies and s{and.'uds of' the $/x Cities ~atershed Management Organization Platt 0997) and the Rice Creek FYat,mhed Di.~trtct Plan (1997. amended 2000. (goal: Control flooding and mtnimi,.w pnblic capital exl~nd#nre~. I. Provide for the dctention and r~tention o{.surf~acOwater runoff. · Thc City will utilize natural storm wntcr storage areas and manmadc dctcntion areas to control floeding. · The City will uliliz~ thc slon~gc capacity of the natural dminagc syslcm to control ri, its of maoff. · 3'l~e City will emmidcr the financial f'uasibiliiy of ~oustcucting improvum~ds to the storm wat~- system in order to alleviate momo of tho water quanlity problems ouflin~.xi in thim plan. Maintain the storm water storugv and ¢onvuyanee facilities. ,, The City will imph:mcnt sirc~t sweeping a minimum of twice per ygar -ouco immediately following spt{rig mnowmeit to remove ,,and and oth~ debris, and once in the fall after leav~ have dropped to rmnove a~eumulat,.xl debris. · The City will p~fiodica]{y inspect all in{zkes {'or damage and remove debris. 76 JUN-23-2000 F'RI O1:41 PI1 F'P~ NO, P, 04/11 The City will pcric~iically inspect all special outlet structures, including 6kimmeta, rot proper operation and for accumulation of debris and oiL~. Debris and oil will b~ renmved to assure pm~r functi-ning and to prevent re-suspension. · Thc City will periodically Jasik'ct grit chambers and catch basins for sediment a:cumulation, and remove sediment if a sump is mo. than hall' full etr sediment. The City will periodically inspect sediment accumulation of storm water storage areas and at ix)nd outlets and re. move any excess sediment, including animal activity ~h,'tt may impair lhe outlet or storage capacity el'the facility. The City will insl~.'ct tht: drainage system a£tcr flood events of the 10.year recurrence or greater, including checking water levels, inspecting pond slopes for slope failure, inspecting intakes for damage and debris accumulation, and performing any uccessary mai,tcnanco. Provide guidelines for management of landlocked drainage basins. Thc City will r.,quire thc floud levels established for landlocked basins to lake into consideration thc err,ecru or wa~cr level fluctu~tioas on trees, vegctatiou, and erosion sncL~ ln~operty values. Steeply sloped shotx:land subject to slot~e faihm: and shoreline damage should not bc in comact with floodwaters for extended periods of time. Thc City will require thc capacily of proposed outlets to landlocked basins to not be so small as to cause extended duration of high water Icvels that would result in damage to uplm~d vegetation. Thc City will allow only the existing tributary area to dischltrgc to a Iandlockcd basin, unless a provision h~. ~n ma~b For ~ outlet tram thc b~in. The Form oF outlet may range from tempora~ pumps m ~avtty sto~ ~w~s. Thc outlet must bo imple~ntc~ ~fom incmas~ wa~r levels a~ ~kely ~ affect yes, alien, slo~ s~bili~ and pml~ny values, The City will require that placing outlets on previously landlocked b~ins will create significant impacts on downstream water levels and flow rates, and no wetlands am dcwatcrcd as a result of oullet installation. Establish standard hydrological design criteria for all storm water converancc storage facilities. · The City will n.-quim trunks (outflow convcyors) to be designed with capacity I'or thc 8mater of lhe 10-year event or fine 100-year detention basin outflow. The City will r~quim all other systems to be designed with primary capacity for the t0-yea~tr event, and provid~ secondary capacity for the 100-year event in thc form of ovcdlow routes or adequate storage volume. · Thc City will require a hydrog~,'aphic method to be used in the design of detention basins aud other facilities (such as wetlands) where thct: is significant storage. 77 JUN-23-2000 FRI 01:41PH FRX NO. ?, 05/11 Thc City will require ,'m SCS Type Il 24-hour storm, lO-day snow melt or other accepted critical storm analysis to I~ considered in determining the critical event for stonn water stooge areas. · The City will recluim all drainage system analysis and designs to be based on the ultimate Fat! devclopmcnt land u.s¢ patterns. · The City will ~quim delention facilitica dcsi§n to include access for muintunnnco of thc outlet structure and the facility in general. 'il~c Cily will ~.xluiro the provision of emergency outflows or outlets to drainage areas For any landlocked arcs if lbo available storm water capacity is inadequate to prevent flooding or re.~idcnccs. Thc City will r~quire storm .walcr faciliti~ to consider and identify location of overflow(s) that prevent property damage to adjacent properties from cxtmmc waicr levels. Provide a tOO-year lcvcl of protcclion for all properties within tho community. · Tho City will require ck~tention areas to be dmigncd for the leo-year cvent where 1-n'actical. · The City will require the purchas~ of flood insurance for Iow-lying properties it' ~hc adjacent demntion ama cannot b~ designed for the lO0-year ,veal Thc City will manage land use constraints along open channels, storm sewer overflow areas, deprc~ions, wctlands and hakes based on their respective lO0-yoar flood levels, as computed in preparation of ih, Columbia t/eight W'~acr Re~'ourcz, Management Plan. · The City will amend thc zoning ordinance to updnte the floodplain overlay district ~equirements. Reduce public capital enln:nditures necessary to control excessive volumes ~md rates of runoff. · The City will continue iL~ efforts to institute a storm water utility to provide funds necessary'for the construction of storm waler facilities. Promote the development of regional detention areas, ns opposed m individual on-silo dctemion. · The City will 'adopt policies that allows and encourages the dcvclopmcnt of regiomfl dctention ponds. 78 JUN-23-2000 FRI 01:42 P. 08/11 Thc City will require, ncw development to incorporate storm walcr c~tmls to provera any inc~ in ~ ~r~ ml~ unl~s i~ ~ha~e is pmvi~ for in an ~pmv~ re~on~ ~nding s~le, a~ fl~ stor~ volumes shall ~ ~naintnin~ within ~c subwa~hcd. Goal: Achieve waler quality staudar~s ¢.nsistent with the intended use and classira:ation. i. Identify and protect surface waters classified as protected waters. Thc City has idcntificd all protected wmers within tho community :md developed a map showing the Ibc'a/ion of these protected waters, a copy of which is uvailablo in the Community Dcvelopment Department. 2. Protect w~lantL~ and surfac~ water from deterioration. The City will adhere to bo~ management practices a.q outlined in Protecting Wnler Q, uality in Urbm~ Areas, published by thc Minnesota Pollution Control Agency (MPCA). City will amend thc zoning ordinance to include a shorelsnd management overlay disu'icl, as requi~v,d by the Minnesota Department of Natural Rcsoun:cs * Thc City will require future outlets to DNR protected waters to pass through a scdimcnt poml/Irap prim' to discharge into the public water. · Thc City will require thc maintenance of a naturally vegetated buffer ~'ip adjaccnt to tho water body when,wet lX~sible. Pre:mote public awarcne.~s of water quality issues. The City will support the Six Cities Wntersh~M Management Org;mization's community education efforts. · Thc City will support thc Rice Crock Watershed District's community e41ucation efforts. Protect wetland and surface, waters from pollution. · Thc City will develop a response plan to minimize the impact of hazardou.~ spills on pmtt, ctcd waters. · Thc City will perform m,~nt~nancc measures to mininfize pollutant loadings to water bodies, exc~pt for pon~ used for scdimt:nt removal. 79 JUN-23-2000 FRI 01:42 PR Ft~ NO. P, 07/11 1. Maintain protcctcd wmcra in accord:mcc with thcir functional classification. · Surface watcm will b~: clar~ificd and water quality functions will tx: nudntaincd according to tho provisions set forth in the Cohunbia ll¢ight~ Water Resources' Mattagement Plan, 1992 a~d this Surf,'z:~ Water Managemcnt Action Plan. Protect atul ettha#ce w#ter recreatlonal faciliti~s, flth and wildlife habitta. Protect natural areas and wildlil'o habilats. · Ti~c City will require buffer zones of natural vegetation to bc maintained around pond.,~ a~d wetlatds to provide habitat for wildlil'e whe~evcr possible. · Thc City will rc~luirc harm,hi areas :md wctlands to bc protected duriog construction to bc clearly marked in tho field. Safeguard protected waters va~d.wctl,'mda within thc community. · Tltc City will support programs for controlling purple loose strife. · Thc City will aupgort progr;[m.s for controlling Eurasian watc~ mill'oil. Enhance water rccrc.n~ional facilities, · Thc City will support the ~tivities of thc Anoka County Regional t~'ark to cnhamcc water recreational facilities within the community. Promote gro#nd w#ter recharge ttnd prevettt ¢o, tae~uttion of atl~(l'en. Protect recharge areas identilicd by Anoka County. · Thc City will undertake efforts to protect recharge areas from Mvc. rse dcvclopmcnt and potential conlamlnation. · The City will develop a mslx~nac plan to prevent the spread of hazardous spills to recharge areas. Promote activitic.~ that'increase infiltration/ground water #.'charge. · When p~'actical, the City will require ponds to hc designed as "wet pon6~" with stm'a~,,e volumes below the outlet. · Thc City will encourage thc use of gra.~scd waterways to maximize infiltm~io,, including the usc of propc~ gn~des or underdrain systems to insure positive d~dnagc. 80 JUN-23-2000 FRI 01:43 PM F~ NO, P, 08/11 Goah I. God: 1. Supp~l tho pro~ection of aquifers lying beneath the co~ity, 'l~o City will k~ntify any ~pdng u~ wi~in ~ co--unity and p~t~t t~qn from dcvelop~ut. ~o City will u~ ~ ~guluto~ and non-~l~ t~Is to l~ct tho land a~ wiihin ~gna~ed well i~ ~t~ti~ ~q. Maiataht ~e mnoa~l of wetland ~r~ge ~d I~ to inc~e the wel~d ~dues. Sup~x thc Wctl~d Consolation Act ~CA) of 1~1. Thc City h~s d~um~nied thc tree and function of ~i w~ands wiain tho community m~d ~velop~ a map showing the l~ation of all w~iand~, a copy of which is a~ilablc in thc Comn]~i ty ~velopmcm l~p~t, Tho City will contim~ to ~vc aa ~c l~al gove~t~ unit (~U) to administer thc pmvi~ons of tho Act wi{hin ~ community. '1~o City will i~ntify a~as within d~c community Ihat could ~ used For wetland miggation, if any. 3~e City will di~oura~ ibc altoa{ion of wetlm}ds ~thin the co--unity. The City will ~uim we{land mi{igation co~istent with tho WCA if alteration is ncces~. Pre,eat ~oil enuio., Support thc pl~.scrvation of natural vcgctution. · 71~c City will cncou~,~ge ~hc prescrvution dcv~lolx~d and/or rcdeVelol~Cd, if applicable. of natural vegctaticn~ a..,{ l','operty is Prevent se. diment from const{~.tctiou activities from cat'ring the City's water 'thc City will develop and adopt regulations for scdimcnt and erosion control Ihut incorporate thc ge'nora[ crimria outlirml in the Minne.~ota Co~n. tructiott Site Ere.vie, a,d Sedimettt Control lh, Jbt~ok (Board of Watv~ and Soil Resources) and MPCA's Itezt Mcutagemenr Practices tlundbooL Tile City will rcquirc the submittal or an erosion mattel plan for ali constmclion aclivitios fha rcquire land disturb,'mce, in accordance with thc MPCA'S lle.~.t Afant~genle,t Practices llandboolc. · The City will nxiuire topsoil stockpiled for re-usc to bo proicctcd from c,'osion. 8i JUN-23-2000 FEI 01:43 PM FPA NO. P. 09/11 o The City shall require the dcvelopedcontractor to keep streets and properties adjacent to construction an:ns frc'c from ~diment carried by c~mstruction traffic at site cntnmces and access points, and from site runoff and blowing dust. Control tho erosion From drainage ways within tho community. · Thc City will encour,:ge the mc of gags'rd drainage ways. Recognize tire regnlalory atahortty of othtr local, state, and federal entltie~. Implement a local rennitting program for water resource management. · The City will establish a permitting program for water resoun:c management, excluding thc area in the RCWD which facilitates its own l~rmitting. Provide for the appropriate level o.f regulatory autl~ority. Thc City will support tha regulatory authority of othr, r governmental agencies with watershed management rCSlXmSibility, including the Minnesota Department of Natural Re, sources, the United States Army Corps of Engir, ccrs, the Minnesota Board of Waler & Soil Resources, and the Minnesota Pollution Control Agency. · ']"he City will ;wccpt its watershed management responsibility. Promote inter-community water resources planning whtn'o appropriate. · The City will require all intcr--cotnmunity water resource issue planning to consider alternative solutions. Ti~e City will t~lUire all drainage studies or f~asibility studies, whether by a WMO, watershed dislriet, or municipalRy, leading to projects in n aubwatersl~'d with an inter-community drainage i~$ue, to consick,'r the impact of thc project on the drainage issue, and the fetal inter-corem,airy pro.~cct cost. ExcclX i, emergencies, the City will not support solutions or partial ~luliona to inter-community drainage issues to be implemented without Prior completion of a feasibility study of options and adoption of a preferred option by Iht applicable WMO. Establish coopcrativ~ working relationships with applicable water managcme, nt organizations and 'adjacent communities. Thc City will forward to flu: applicable water management organization or adjacent communities IlK: plans and/or other information concerning all projecl.~ and/or now devolopment that will affect thc approved local plan nee or degrade the quality of walcr transcending the boundaries of the adjacent community. 82 JUN-23-MO00 FRI 01:44 PM F~ NO, P, 10/11 Go~l: l~#ably f~tmce water resourve~. 1. Require developers to pay their fair share of w,*tt~r resourc~ management ttctivitics. Thc City will develop a policy to require dcvelopcx's to provide innd, funding, or n combination of both for the management of local water rc-~oum, including thc d~velopmcnt ct' r~giomd facilities and studies. Thc City will study the option of charging fe~.s to dcvelopa-s for constructing cnpitul impmvcmcnts, such ,x~ trunk conveyance systems. Thc City.will establish a structure of rets charged to develolx,'n for analyzing thc impacts of tho propo,~d development. For pro~tXy subject to platting or rcplatting, thc applicant shall provide necessary caseme~lts upon the subject propcx'ty I'or preservation and m;dntcnunce purpose.n of water ~sourcc managen~nt facilities as determined by thc Director of Public Works. 2. Identify alternative funding scut'cos for water s'csources. Thc City will investigate funding alternatives, such as ud valorem tzxcs, municipal bonds, anti u.~er chargea for a storm water utility. 83 JUN-23-2000 FRI 01:44 PR FP~ NO. P. 11/11 5. HISTORIC PRESERVATION PLAN INTRODUCTION Thc prescrvalion ut' a community's history creates ;t mcaninsrul connection with thc past and helps fr;mtc thc comm~mity's current image. The Historic Prescrv~ion Plan provides a framework for preserving and protecting thc conununity's history. The success et' thc Historic Presm'vation Plan is dependant on the citizens of Columbia l-lcights and Iheir desire lo preserve historically significant rcsoun.'es within the City. '~c City can supix~rt thc pxm=scrvution of history within thc commu,Hty by creating a lkrJlagc P~scrvation Commissilm; however, the success of this implcmc,~tation strategy is dependent on tho support and involvement of thc community. Thc area around Columbia llcights was first homesteaded in 1863 by $ohn and Morgm~et Sullivan. By thc 1870s, tho area had a brick factory and stone quarry: however, the nrta ~cmnincd Iht§ely agricultural until the lust decade of the century. When James J. Hill constructed n rail linc through the area. a direct connection was provided to thc Iron Range. In n,-sponsc, n steel mill was built in thc curly 1890s, and Columbia Heights expected to become the "Pittsburgh of tho West." Unl'ortunutciy, when tho mill burned down in 1898, it was no! reconstructed. In t893, Ti~omas Lowry, platt-cd 95 ~ros of land for rcsidcnti',d dcvelopmcni in tho area throu§h hi.~ Minneapolis lmprovetncnt Company. Mr. Lowry ai.~o promoted ~hc community m.~ u commuter suburb el' Mi,meapolis, with residents traveling yin his Central Av,.mu~ Electric Car Linc ,'md Elect,-ic S~reet Railroad. In ,'tn effort to develop thc community and provide ,,~rvices for thc new resident.% Mr. Ix)wry also encouraged retailers to locate in tile community ,long thc southern portion of Central Avenue. Incorporated in 1898, Columbia llcights is t,ne of thc oldest suburbs in the Twin Cities Metropolitan A~ca. While Columbia Hcight.m has a fascinating history, lhe City doos not maintain a fonu;d r~ord of historically significant statures or pm~nics in lhc cm~unity. ~ are no slrucl.~s or pm~ai~ within Columbia ~[gh~ that am lis~ on ~ National Register of Hiatodc Pit. cs. nor nm iho~ any structures or proi~tlies eligible For listing. Althouglt tho community docs not have a l{critage Preservation Commission, thc City maintains a list of videos documenting various elements of Columbia Heights cultural and historical events, in addition, both the Anoka County Ristorical Society and the Columbia lleights Public Library maintain local history collections. Other cultural and historically significant clements within the City include thc acknowledgement and connection to the City's Sistun' City of Lomianki, Poled, thc construction of an Islamic worship center and the establishment of tho First Lutheran music series. Each of these cultural clem. cats strengthens thc diversity of Columbia lleights and pmvidas opportunities to explore and enjoy other cultures p~x:scnt withi,, the City. 84 2 6 TO: FROM: SUBJECT: DATE: CITY OF COLUMBIA HEIGHTS Public Works Department KEN ANDERSON COMlvILrNITY DEVELOPMENT DIRECTOR KEVIN HANSEN ~~ PUBLIC WORKS DIRECTOR/CITY COM EHENSn E ?LAN U?D^TE JUNE 22, 2000 JUt4 2, 2 20OO I have reviewed the letter from the Metropolitan Council "a.k.a." Rice Creek Watershed District's (RCWD) memorandum regarding the City's Draf~ Comprehensive Plan and recommend the following minor changes in the Surface Water Management Plan section of the Comprehensive Plan to address the RCWD questions and concerns. 1. Administrative: Include in the plan a general reference to conformation with the RCWD's current policies and standards. Recommend: (Page 53) "This plan responds to and is consistent with the Columbia Heights Water Resource Management Plan (1992) and conforms with the most current policies and standards of the Six Cities Watershed Management Organization Plan (1997), and the Rice Creek Watershed District Plan (1997, amended 2000)." (Page 76) "These goals and policies represent a compilation of the surface watch management plans developed in the Columbia Heights Water Resource Management Plan (1992), and conform with the most current policies and standards of the Six Cities Watershed Management Organization Plan(1997) and the Rice Creek Watershed District Plan (1997, amended 2000)." b. Permitting Program: I would concur with the comment of maintaining the current permitting arrangement. Recommend: The City will establish a permitting program for water resource management, excluding the area in the RCWD which facilitates its own permitting. Memorandum to Ken Anderson June 22, 2000 Page 2 2. Water ao bo Capital Improvements Program: A copy of the City's 10-year storm water plan is attached. Figures 4-1, 4-2 and 4-3 The final document should include color copies of these figures. Easement acquisition for water resource features: Columbia Heights is a fully developed community and, therefore, development activity generally occurs through redevelopment of existing platted land. Recommend: "For property subject to platting or replatting, the applicant shall provide necessary easements upon the subject property for preservation and maintenance purposes of water resource management facilities as determined by the Director of Public Works." This statement may be added to the Goals, Policies and Implementation Strategics Section, page 83, Section 1. Quality: Silver and Hart Lake drainage areas: Response: The City of Columbia Heights is also concerned with water quality in these districts. In 1999 and 2000, the City participated in a joint study through Ramsey County for an evaluation of the Silver Lake Watershed. The City also participated in a project with the Minnesota DNR in 1999 to install an aeration system in Silver Lake, which the City now maintains and operates. Watershed D - Silver Lake Drainage System: Response: Additional efforts have been made for wet detention in this tributary area. In 1998 and 1999, a detention pond was installed in Prestemon Park (McKinley at 39th Avenue). A permit was granted by the RCWD in 1998. Memorandum to Ken Anderson June 22, 2000 Page3 3. Water Co do Recommend: Silver Lake* Quality/Hydrologic Modeling: Hart Lake Data: Resoonse: The City has as-builts for the storm sewer system which provides an outlet for Hart Lake. The outlet elevation is 949.22. The City also has planimetric data available, including 2 foot contours, in a digital format. The basis for this data is 1998 low altitude aerial overflights. Policy 4, Page 78 - Critical event: Recommend: "The City will require an SCS Type II 24-hour storm, 10-day snow melt or other accepted critical storm analysis to be considered in determining the critical event for storm water storage areas. Policy 5, Page 78 - Other Water Resource Management High Water Levels: Response: The City did not perform hydrologic modeling for Silver Lake due to most of its tributary located outside of the City, involving three other municipalities. Appropriately, the RCWD has provided the necessary hydrologic information for Silver Lake which will be added to Table 4-2. No other water resource features arc located in thc City of Columbia Heights within the RCWD for which data is necessary. Hydrologic Data for Silver Lake: .4dd the following to Table 4-2: N~ l O0-Year l O0- Year Peak l O0- Year Critical Event Flood Level Discharge Detention Volume 930.99 933.8 16 cfs 210 ac-f~ lO-day, lOO year runoff * Data for Silver Lakeprovided by the RCWD Memorandum to Ken Anderson June 22, 2000 Page 4 e. Policy 3, Page 77 - Landlocked basins: Recommend: Xdding as an additional bullet "The City will require that placing outlets on previously landlocked basins will not create significant impacts on downstream water levels and flow rates and no wetlands are dewatered as a result of outlet installation. Appendices Include the RCWD's full permit application, brochure materials, infiltration checklist, and design guidelines in the plan's appendix. Response: I have copies of these available at Public Works, but I would recommend obtaining new and current copies from the RCWD for insertion into the Plan's appendix. If you have any questions or need additional information, please contact me at ext. 705. m-r. jb CC: Walt Fehst, City Manager Derek Knapp, Montgomery Watson Attachments: Metropolitan Council Letter (Rice Creek Watershed District Letter) Storm Water CIP COMMUNITY DEVELOPMENT DATE: MAY 4, 2000 TO: PLANNING AND ZONING COM}vIISSION FROM: RE: COMPREHENSIVE PLAN As you know, the City of Columbia Heights has been involved in an extensive process to update the City Comprehensive Plan. The following is intended to provide the Commission with some background information regarding the planning process. The Metropolitan Council is the regional planning agency for the seven-county metropolitan region. In order to coordinate development within the region through the year 2040, the Council has developed a Regional Blueprint. This Blueprint includes goals, policies and action steps that are to be used as a framework for communities in the development of individual comprehensive plans. All communities within the region, including the City of Columbia Heights, are required to develop comprehensive plans that conform to the regional goals found in the Regional Blueprint. The Comprehensive Plan for Columbia Heights sets a baseline for development and redevelopment, and serves as a guide document for decision-makers for the next 20 years. The Plan includes Goals, Policies, and Implementation Strategies for each Plan element. Goal statements are designed to focus on the major issues that have been raised during the work with the Planning Advisory Committee and public participation components of the planning process. Goal statements are broadly worded, highlighting the primary value or establishing the vision. Policy statements help to define the goals in "real world" terms and are typically stated as official positions on particular issues. Implementation Strategies will commonly direct a specific course of action that responds to and works to support the official position stated by policy. The Strategies define activities that the City may initiate or continue to achieve the Goal statements. Public participation has been a key element in the development of the Goal statements. The following briefly summarizes the public participation process which was used during the preparation of the Plan. · May 1 and 2, 1998 - The public process began when the Minnesota Design Team visited Columbia Heights. · June 10, 1998 - A meeting was held with the Planning Advisory Committee which was established to help guide the development of the Comprehensive Plan. · July 29, 1998 - A public meeting was held with the Columbia Heights business community. · July 30, 1998 - A public meeting was held for the general public. · August 5, 1998 - A joint meeting of all the advisory commissions to the City Council was held. September 10, 1998 - The Planning Advisory Committee met to discuss the results of the May 4, 2000 Comprehensive Plan Page 2 public meetings. March 23, 1999 - The Planning Advisory Committee met to review and discuss the draft Plan. After the March, 1999, Planning Advisory Committee meeting, the City initiated a second long- range planning process to complete a Master Redevelopment Plan for Downtown Columbia Heights. Note that it was the City's position that the Master Redevelopment Plan and the Comprehensive Plan needed to be consistent, so adoption of the Comprehensive Plan was delayed until after the Master Redevelopment Plan was complete or nearly complete as is the case. A Task Force was created to help guide the development of the Master Redevelopment Plan, and the following briefly summarizes that process. · July 14, 1999 - An initial Task Force meeting was held. · September 29, 1999 - A second meeting of the Task Force was held to review project objectives and begin work on downtown land use alternatives. · October 28, 1999 - A Task Force meeting was held to review and discuss the final concept alternatives. · November 17, 1999 - A Town Meeting Open House was held to facilitate public comment on the proposals. · December 15, 1999 - A final Task Force meeting was held to select final concept alternatives and discuss streetscape design. · January 17, 2000 - The Master Redevelopment Plan was informally presented to the City Council. Please note that certain elements of the Master Redevelopment Plan have been referenced in the draft Comprehensive Plan. Also, the Planning and Zoning Commission is being asked to take action on just the Comprehensive Plan and not the Master Redevelopment Plan during the May 9 public hearing. The Master Redevelopment Plan will be presented to the Commission at a later date. On January 14, 2000, the Comprehensive Plan was circulated to adjacent jurisdictions and affected school districts for the required 60 day review and comment period. The Rice Creek . Watershed District is the only jurisdiction which submitted comments (attached). As required by State Statute a legal notice was published in the Columbia Heights Focus News on April 27, 2000 (attached), and a notice is being aired over the local government access cable channel (attached). Recommended Motion: Move to recommend that the Columbia Heights City Council adopt Resolution 2000-43 which is a resolution adopting the City of Columbia Heights Comprehensive Plan, subject to final review and approval by the Metropolitan Council. Attachments: RECEIVED 2000 COMMUNITY DF-VELOPMEN', Rice Creek · 3585 N. LEXINGTON AVENUE, SUITE 330 ARDEN HILLS, MINNESOTA 55126-8056 PHONE (651) 766-4191 · FAX (651) 766-4196 March 15, 2000 Mr. joe Hollman, City Planner City of Columbia Heights 590-40t~ Avenue N.E. Columbia Heights, MN 55421-3878 Board of Managers Regular Meetings: 2nd and 4th Wednesdays at Shoreview City Hall KATE DREWRY, District Admin. BONITA TORPE, Admin. Assist. SUBJECT: City of Columbia Heights Stormwater Management Plan Dear Joe: We have completed our review of the City of Columbia Heights Draft Comprehensive Plan dated January 14, 2000, received January 19, 2000. The purpose of this memorandum is to outline the Rice Creek Watershed District's (RCWD) questions and concerns regarding the Surface Water Management Plan. We feel the plan is very comprehensive and well done, especially the quantitative analysis of the drainage systems. The RCWD certainly appreciates the City's efforts on the Surface Water Management Plan portion of the Draft Comprehensive Plan. The current issues are listed below, subdivided by management tOpic for clarity. ADMINISTRATIVE In lieu of a very detailed, text-based review of the City's current policies and ordinances, we feel it is more prudent for the City to include in the plan a general reference to conformance with the RCWD's current policies and standards. The purpose of this recomn~ndation is two-fold: Eliminate repetitive revisions of text-based policies strictly to comply with RCWD's Management Plan. 2. Maintain currency of the City's plan when the RCWD's Management Plan is updated. However, this reference does not remedy the policies stated in the plan which are in direct conflict with the RCWD's policies and objectives. Please include in both the Introduction (page 53) and Surface Water Management Goals, PoliCies, and Implementation Strategies (page 76) sections a statement which references conformance 'with the' current RCWD Management Plan's policies and objectives. BOARD OF MANAGERS A.J. CARDINAL, SR. TOM WADDELL ROBERT M. HULT ORDEEN J, BRAATHEN EUGENE L, PETERSON ANOKA COUNTY RAMSEY COUNTY WASHINGTON COUNTY RAMSEY COUNTY ANOKA COUNTY MONT(;OMERY WATSON Consulting Engineers 612.593-9(X)0 · C(>Counsel: HAROLD H. SHEFF 612-332-10(x), MICHELL£ I. ULRICH b5 I.b99.9845 Mr. Joe Hollman -2- March 15, 2000 Goal 1, page 82, specifies "the City will establish a permitting program for water resource management." The District would prefer to maintain the current permitting arrangement. Detailed review of in-place ordinances would be required in the event the City wished to assume some permitting authority. The District is also better poised with in-house staff and resources to better facilitate an inter-municipality permitting program. Please clarify the City's intention regarding this matter. If the City does not wish to assume permitting activity for water resources and/or Wetland Conservation Act (WCA) activities, please include a statement to this effect in the plan. Our copy of the plan did not include Section 13, Implementation Plan. Specifically, the District needs to review the Capital Improvements Program and may be of some assistance 'regarding retrofit water quality project cost sharing. Please forward a copy of this section. · Figures 4-1, 4-2, and 4-3 would be more le~ble in color, although the current black and white figures wig suffice. The plan should provide easement acquisition procedures for all floodplains, ponds, wetlands, ditches, storm sewer, and all other water resources features included on parcels undergoing development or redevelopment. WATER QUALITY Water Quality Results and Problem Areas, page 74, specifies that the majority of stormwater runoff within the City does not receive NURP treatment, and that natural lakes and ponds are primarily used for stormwater control and treatment. The District recognizes the City's developed nature and small Silver and Hart Lake subwatersheds, and in the absence of recurring flooding problems the RCWD is primarily concerned with water quality. To meet this concern, the District would like to see an in- depth analysis of the Silver and Hart Lake drainage areas with regards to potential retrofit water quality ponding. The RCWD may have cost-share monies available for water quality retrofit projects. Under Watershed D (Silver Lake drainage system) on page 76, it is stated that "efforts should be made to provide wet detention areas or other improvements where practical" tributary to Silver Lake. Has the City put any efforts into motion? Does the Capital Improvements and Implementation Plan reflect this policy? Please address further. WATER QUANTITY/HYDROLOGIC MODELING Table 4-2 specifies a normal water level for Hart Lake of 950.0, which was assumed from USGS quad maps. Does the City have an as-built for that storm sewer system which could provide a more accurate normal water level? The RCWD often uses detailed studies such as the City's to provide 100-year flood elevations for stormwater bodies not included in the District's hydrologic model. Please comment on the availability of more accurate data. Mr. Joe Hollman -3- March 15, 2000 Policy 4, page 78, specifies, "The City will require an SCS Type II 24-hour storm or other accepted critical storm analysis to be considered in determining the critical event for stormwater storage areas." While this statement is technically accurate, please augment this policy by including the 7.2- inch, 10-day runoff event as the other potential I00-year critical event. Policy 5, page 78, specifies the City will manage land use constraints along water resource features based on their respective 100-year flood levels, as computed in preparation of the Columbia Heights Water Resources Management Plan. 'Our plan only shows 100-year flood elevations for Hart Lake. Please address the manner in which other water resource management high water levels will be obtained within the RCWD. Below is the hydrologic data for Silver Lake, which was included in the RCWD's District-wide model. Please add this data to Table 4-2 and include a note as to its origin. NWL lO0-Year lO0-Year Peak lO0-Year Critical Event Flood Level Discharge Detention Volume 930.99 933.8 16 cfs 210 ac-ft 10-day, 100-year runoff Policy 3, page 77, addresses provisions for outlets to landlocked basins. Please augment this section with a statement that specifies that placing outlets on previously landlocked basins will not create significant impacts on downstream water levels and flow rates, and no wetlands are dewatered as a result of outlet installation. SHORELAND MANAGEMENT · Does the City plan to adopt the DNR's shoreland management ordinance? Please address this topic in the plan. APPENDICES · Please include the RCWD's full permit application, brochure materials, infiltration checklist, and design guidelines in the plan's appendix. The RCWD appreciates the City's efforts to bring the City of Columbia Heights' (Draft Comprehensive Plan) Surface Water Management Plan into full conformance with District standards. Please contact Kate Drewry (651) 766-4193 or me at (763) 595-5261 with any questions. Sincerely, MONTGOMERY WATSON Derek S. Knapp, P.E. CC: Kate Drewry, RCWD Helen Boyer, Metropolitan Council Environmental Services What: When: Where: City of Columbia Heights Comprehensive Plan Public Hearing The Columbia Heights Planning and Zoning Commission will conduct a public hearing to review the updated City Comprehensive Plan which is a document that contains goals and policies used by City officials to guide decision-making Tuesday, May 9, 2000, at 7:00 PM The public hearing will be preceded by an open house which will begin at 6:30 PM City Council Chambers of City Hall at 590 40th Avenue NE All persons having an interest will be given the oppommity to be heard CITY OF COLUMBIA HEIGHTS Meeting of: June 26~ 2000 AGENDA SECTION: Other Ordinances ORIGINATING DEPARTMENT: CITY MANAGER and Resolutions Community Development APPROVAL NO: 7-A-2 000_040 No. 825 41~t Avenue NE, 4150 Central DATE: June 23, 2000 Ave. NE~ and 4156 Central Avenue NE ISSUE STATEMENT: This is a request for approval of a preliminary plan for a Planned Unit Development (PUD) for the construction of a 50 unit assisted living building and 22 units of affordable rental townhouses. This is also a request to rezone the property located at 825 41st Avenue NE from R- 2, One and Two Family Residential, to R-4, Multiple Family Residential. A rezoning of the property located at 4150 Central Avenue NE and 4156 Central Avenue NE from CBD, Central Business District, to R-4, Multiple Family Residential is also requested. A five foot height variance is being requested to allow the senior building to be 40 feet in height as opposed to 35 feet in height which is the current maximum height allowed in the R-4 District. BACKGROUND: The project has a rather extensive background which is summarized in the attached staff report. Revised plans received 6/21/2000 are also attached. ANALYSIS: The attached staff report contains a technical zoning analysis for the proposed project. In addition to information contained in the report, there are a number of issues that will need resolution prior to final approval of the development. These are summarized below. 1. On-street parking. There are a number of on-street parking spaces proposed along 41st Avenue NE and Jackson Street NE. The Traffic Commission reviewed the proposal and took action on two items (see attached memo from Assistant City Engineer). They recommended approval of the proposed ingress/egress, and they also recommended that the existing curb line and parallel parking on 41st Avenue be retained as opposed to the proposed diagonal parking. The Columbia Heights Police Department and Fire Department were also opposed to the diagonal on-street parking along 41st Avenue. As currently proposed, a parking ordinance will need to be adopted by the City Council establishing a permit system for on-street parking by NEI staff and students. Five spaces would be made available for resident parking on Jackson Street. 2. NEI Consent. On June 8, 2000, NEI provided a letter authorizing the City Council to consider the rezoning of the NEI property, therefore, the City Attorney has no procedural objection to the Council consideration of the Planning and Zoning Commission recommendation. 3. Utilities. At the Planning and Zoning Commission meeting, a number of citizens voiced concerns about the ability of the storm water and sanitary sewer systems to handle any increase from the proposed project. Utility plans are being reviewed by the Public Works Department and a verbal and/or written report will be available at the meeting. 4. Financing and Development Agreement. The Columbia Heights Economic Development Authority and staffhave been reviewing financing options as well as a draft Development Agreement and other agreements. 5. Purchase Agreement: The developer has been negotiating terms for a purchase agreement with NEI. 6. Other City approvals are necessary including platting of the property and a variance for parking at the senior assisted living building. The City Attorney will be available to comment on specific terms of the PUD Agreement at the meeting. RECOMMENDATION: During their meeting on April 4, 2000, the Planning and Zoning Commission reviewed the proposal and voted to recommend City Council approval of the rezoning, the five foot height variance, and the preliminary plan for the Planned Unit Development subject to 17 conditions. The plans have been revised and attached to this letter as received on 6/21/2000. Their action on the rezoning was subject to the successful acquisition of 4156 Central Avenue NE through eminent domain by the Columbia Heights Economic Development Authority. If satisfactory progress between the parties is not reached before the second reading of the rezoning staff will recommend the approval be tabled before Council action is requested at the July 10, 2000 meeting. RECOMMENDED MOTION: Re'zoning Move to waive the reading of Ordinance 1411, there being ample copies available to the public. Move to establish July 10, 2000, as the second reading of Ordinance 1411, which is an Ordinance rezoning 825 41't Avenue NE, 4150 Central Avenue NE, and 4156 Central Avenue NE to R4, Multiple Family Residential District, as the proposal is generally consistent with the intent of the City Comprehensive Plan. Height Variance Move to approve the five foot height variance for the proposed assisted living senior building as topography of the property creates a hardship. Preliminary Plan for the Planned Unit Development Move to approve the preliminary plan for the planned unit development at 825 41't Avenue NE, 4150 Central Avenue NE, and 4156 Central Avenue NE, subject to the conditions listed in the draft PUD Agreement. Attachments: COUNCIL ACTION: \Joe' s Files\Counci12000\Case2000-0408 NEI COLLEGE OF TECHNOLOGY Walt Fehst City Manager City of Columbia Heights 590 - 40~ Avenue N.E. Columbia Heights, Minnesota June 8,2000 55421 Re: Real Es~tate Equities, Inc.'s purchase from NEI College of Technology 825 41' Avenue NE, Columbia Heights, Minnesota 55421-2974 Columbia Heights Case No. 20004)408 Dear Walt: On June 8, 2000 1 met with Ken Anderson, your Community Development Director;, Jim Haeft, your City Attorney; and Steve Bubul, the Economic Development Agency's attorney. At that time we discussed Real Estate Equities, Inc.'s pending Application No. 2000-0408. NEI is the owner of Lot 1, Block 2, Northwestern Addition, Anoka County, Minnesota. The purpose of this letter is to give NErs consent to the Columbia Heights City Council considering the re-zoning of the NEI property from Zone R-2 to Zone R-4. If you have any questions, please contact me. Very truly yours, NEI College of Technology Thank you. Robert G. Mitchell, Jr. Ken Anderson Jim Haeff 825 41ST AVE NE I COLUMBIA HEIGHTS ~1 MN 55421-2974 ~1TELE 612.781.4881 I FAX 612.782.7329 ~ TOLL-FREE 800.777.7634 ~ WWW. NEICOLLEGE.ORG lEI ON,lITE PARKliIa IMlJ/K:IVEMENTI F. FEStmPE) K. L Iq. CONSTRUCT AS P.N~I' OF ORNE ~ - ~IGNN3E QFI:SITE PAFEI4]NG IMPROVE~ IPERMIT PARJGNGI 1. 4t81' - pARdi ~l::l 8TRIPING 2..I~CK80N . p/M:Lia, Im STRIPING 6 - ~I)EWN.K TOTAL COMBINED PARKING BTALL8 4N CITY OF COLUMBIA HEIGHTS PUBLIC WORKS DEPARTMENT TO: FROM: SUB J: DATE: JOSEPH HOLLMAN, CITY PLANNER KATHY JEAN YOUNG, ASSISTANT CITY ENGINEER I~ TRAFFIC COMMISSION RECOMMENDATIONS The Traffic Commission made the following recommendations for the site plan review of the proposed development on the block from Jackson Street to Central Avenue and 41" Avenue to 42~ Avenue. .. · Approve the proposed ingress/egress as presented on the site plan located between Jackson Street and Central Avenue, 41~ Avenue to 42nd Avenue. · Retain the existing curb line and parallel parking on 41't Avenue. The minutes of the meeting are included in your council packet. The Commission did not discuss the permitting of on-street parking for NEI in detail and requires additional information on exactly what spaces would be permitted and how the process would work. Typically, a public hearing ~s held when' changes in paring restrictions are proposed. This hearing can be held at the May meeting, provided detailed locations arid permitting information is provided to staff on or before April 19. COLUMBIA HEIGHTS FIRE DEPARTMEN';' TO: Joe Hollman, City Planner FROM: Gary Gorman SUBJECT: Case ~2000-0407 DATE: April 2, 2000 After looking over the proposed development plans and participating in the informational meeting, the Fire Department has a few concerns regarding this project. First, we strongly support the seniors assisted living building. We find through our many EMS calls that there is a growing number of seniors in this community which are having a difficult time taking care of themselves and their homes. This type of building fills a need to get these seniors out of homes which many times are dangerous, unhealthy, or in need of many costly repairs they cannot afford. This type of residence offers them a modem, healthy, safe building where they can have 24 hour assistance. We do have many EMS calls to buildings like this but most would be shifted from their previous homes so it would not be a significant increase in services. Secondly, we have many concerns regarding the rental town home portion of the development. The way the development is planned now gives us no access to building D. We would require an access road, a minimum of 20 feet wide, along the rear of this building. As proposed, we would have no way of getting any Fire Department apparatus next to this building in the front or rear. The distance to carry equipment and patients is too great. During life threatening emergencies the extra time needed, to get to our apparatus on the outskirts of the complex, is not acceptable. Larger multi bedroom units such as these are needed but in this ~island" type setting, with no place for the kids to play, causes more than normal wear and damage to the buildings and grounds. Statistically, lower income rental properties such as this have a larger than normal need for our Fire and EMS services. At this time all four buildings would be owned by one owner. We can see a future problem-if buildings get sold to separate owners. We have many problems now getting separate owners to make repairs to shared property. Thirdly, we are not in favor of the proposed diagonal parking along 41't Avenue. During emergencies we would have to park our vehicles in the drive lanes of 41" Avenue. We like to be parked next to the curb if possible for the safety of our firefighters and to disrupt regular traffic as little as possible. Fire Departments generally like to be able to park their apparatus between the parking and the buildin[ which is why we require fire lanes. This allows for a much safer and more efficient fire ground area where we are not working around obstacles. We would have a very difficult time getting manpower and equipment through the narrow spaces between the parked cars. Today there are spaces along 41= Avenue which are designated as 'no parking" which allow us curb access. If any changes were to be made to the parking along the front of NEI we would require a "no parking fire lane" space to be included. Thank you for looking into these concerns and please do not hesitate to contact me if you have any questions. TO: FROM: SUB/ECT: CITY OF COLUMBIA HEIGHTS Public Works Department JOE HOLLMAN CITY PLANNER KEVIN HANSEN \ -~ PUBLIC WORKS DIRECTOR/CITY ENGINE~ MARCH 30, 2000 DATE: CASE 2000-0408: P & Z COMMISSION REQUEST TO REZONE PROPERTY AT 825 41~r AVENUE AND CONDITIONAL USE PERMIT The Public Works Department staffhas no comment on the request to rezone the property at 825 ~,1" Avenue or the Conditional Use Permit and related variance. Staffhas not had the opporumity to conduct a complete site plan review for the proposed development. General observations include the following: Pwposed ingress and egress is acceptable, pending approval of the Traffic Comnussion. Proposed on street diagonal parking, which is not supported by staff, requires extensive reconstruction on one side of 41~ Avenue and on Jackson Street at 42~l Avenue, including potential utility relocations. Further review could evaluate ninety degree parking adjacent to the existing building with retaining walls as compared to what is gained with diagonal on-street additional parking. Since it apparently does not exist, would it be appropriate to require a perimeter e~sement of 5 or 10 feet, which is typical of new plats? Additional ROW or an easement would need to be provided for the proposed parallel parking and sidewalk. The existing alley at the north end of the development would need to be relocated. The existing sanitary sewer at the south end of the development would need to be relocated. Calculations and a catchment area map for on-site storm water detention need to be provided. cc: Ken Anderson. Community Development Director ! COLU IBIA HEIGHTS POLICE DEPARTMENT TO: FROM: SUBJECT: DATE: Joe Hollman, City Planner Thomas M. Johnson, Chief of Police~ Case #2000-20407 and 2000-0408, Rezoning of NEI Property March 27, 2000 The Police Depa~uuent has no issues with case #2000-0407. Reference case ~r2000-0408, the Police Depa/~anent is supportive of the 50 unit assisted living senior building designated for the southwest comer of this property. We would suggest the addition-if it is not already in the plan-of underground secure parking for both residents and employees. As you know from past experience, vehicle theft, vehicle break in, and vehicle damage can be a major problem in areas such as these. We are also concerned with the outside parking setup in the area being next to the rental town homes and our past experience with thefts and damage to autos in the i~EI parking lot. We would recommend some high intensity lighting in this area to deter theft and vandalism. We do not feel that the location of the rental units will give the seniors a sense of security within their homes. We have some major concerns with the "affordable rental town home" concept. Our concerns are that our city now has several areas of high density rental that take a great deal of city resources. We feel the proximity of the rental units to the senior units and the business area predestines this area to be a high crime, area. We would suggest minimally that at least every other town home be owner occupied. Ownership brings with it accountability and responsibility. We would suggest a possible program such as "sweat equity" or Habitat for Humanity for assisting with getting home owners into these properties-not just renters. The Police Department also has a problem with the diagonal parking proposed for in front of N-EI. With the traffic volumes in this area and the natural increase that will take place if the project goes forward, we foresee many more accidents in this area caused by people backing out and into oncoming traffic. At this time this area requires a relatively low amount of police and city resources. Every driving school we are aware of suggests pulling out into traffic rather than backing into traffic. This will also have a dramatic effect during our winter months when no parlcmg is allowed on the streets from November to April. We feel it would be in the best interest of the people using these facilities to have limited on street parking and directing them to parking lots and ramps in the area. The Police Department understands the need for the housing listed. We requested your utmost attention to the issues we may be creating if the plan goes as proposed. TMJ:mld 00-93 Case: 2000-0408 Page: 1 STAFF REPORT TO TI~ PLANNING AND ZONING COMMISSION FOR Tn'~. A~RI~ 4, 2000 PUBLIC HEARING Case #: 2000-0408 GENERAL INFO~ON Owner: Address: Owner: Address: NEI College of Technology 825 41*t Avenue NE Columbia Heights, MN 55421 Larry & Pau'icia Truehart' 4156 Central Avenue NE Columbia Heights, MN 55421 Applicant: Real Estate Equities 325 Cedar St., Suite 400 St. Paul, MN 55101 (651) 227-6925 Owner: Address: Columbia Heights Economic Development Authority (590 40t~ Avenue N-E) 4150 Central Avenue NE Columbia Heights, ~ 55421 Parcel Addresses: 825 41n Avenue NE, 4156 Central Avenue NE, 4150 Central Avenue NE Zoning: 825 41'~ Avenue NE is zoned R-2, One and Two Family Residential 4156 Central Avenue NE is zoned CBD, Central Business District 4150 Central Avenue NE is zoned CBD, Central Business District Comprehensive Plan: C - Commercial, MDR - Medium Density Residential Surrounding Zoning and Land Uses: Zoning No~th: R-2 and RB South: CBD and R-3 East: CBD West: R-2 Land Use North: Residential and Commercial South: Comm., Res., ln~tutiona] East: Commercial West: Residential BACKGROUND Exvlanation of Reauest : This is a request for a Conditional Use Permit to allow a Planned Unit Development (PUD) for the construction of a 50 unit senior assisted living building and 22 units of affordable rental townhomes. The rental townhomes will consist of four buildings (see attached site plans). Case: 2000-0408 Page: 2 Buildings A and B will contain six units each, and Buildings C and D will both contain five units. In addition to the Planned Unit Development the property is being replatted. Please note that the request before the Commission for the April meeting is for a preliminary review of the PUD and Plat. The affordable rental units will be developed at 13.33 units per acre. The development will be a combination of 19 Low Income Housing Tax Credit (LIHTC) units and 3 Hollman units Multiple Housing Opportunities Program (MHOP)~ The following provides an approximate summary of rents. MHOP Units · One 2-bedroom unit · One 3-bedroom unit · One 4-bedroom unit $260 per month $260 per month $260 per month LIHTC Units · Seven 2-bedroom units $635 per month · Five 3-bedroom units $730 per month · Four 3-bedroom dduxe units $730 per month · Three 4-bedroom units $810 per month The assisted living senior building will consist of 50 units (beds). There will be a total of 41 assisted living units and 9 memory units (alzheimer care). You will note that the floor plan indicates that there will be a coffee caf& Staffhas been informed by the applicant that this will be utilized by residents and staff, but will not be open to the public as a commercial operation. This is also a request to rezone the property located at 825 41st Avenue-NE from R-2, One and Two Family Residential, to R4, Multiple Family Residential. A rezoning of the property located at 4150 Central Avenue NE and 4156 Central Avenue NE from CBD, Central Business District, to R4, Multiple Family Residential is also requested. A five foot height variance is being requested to allow the senior building to be 40 feet in height as opposed to 35 feet in height which is the current maximum height allowed in the R-4 District. Case Histt?~_ : During the spring of 1998, the Minnesota Design Team visited Columbia Heights for a weekend and held two town meetings to facilitate community discussion and make recommendations for improvements. One of their recommendations was the creation of a transition block on the subject property which would consist of a variety of life cycle housing opportunities. In response to this l'ecommfflldation, the City applied for $771,000 of Livable Communities Demonstration Account funds from the Metropolitan Council to help finance the project. At the time of the application, the Project consisted of 18 affordable rental units, 70 affordable independent living senior units, and 26 owner-occupied townhomes. In December, 1998, the City was informed that we were awarded a grant in the amount of $575,000 for the project, $30,000 of which was budgeted for the completion of a Master Redevelopment Plan for Downtown Columbia Heights. Case: 2000-0408 Page: 3 Please note that the grant application was prepared in cooperation with Real Estate Bquities Development Company (the applicant) and Crest View Corporation which is partner/nE with Real Estate Equities on the assisted living senior building. 825 41" Avenue NE contains NEI College of Technology which has occupied the property since 1982. The original building was constructed in 1926 and was added to in 1951. It was first used as the High School for Independent School District 13 and was later turned into the Junior High School 4150 Central Avenue NE is currently a vacant lot owned by the Columbia Heights Economic Development Authority (EDA). 4156 Central Avenue NE is cun'ently occupied by Citywide Locksmith. Please note that the applicant has unsuccessfully attempted to enter into a purchase agreement with the property owner of 4156 Central Avenue NE. As a result, the applicant has requested that the EDA use the power of eminent domain to acquire the property. The EDA will formally consider this request at their special meeting on April 11, 2000. ANALYSIS Surrounding Pro~pcrtr_ : The surrounding property on the east is zoned CBD, Central Business District and is used commercially. The property to the north is zoned both RB, Retail Business, and R-2, One and Two Family Residential. The property zoned RB is cun'ently vacant, but is the site of a planned office building. Most of the property to the north is used residenfially~ The property to the south is also a combination of commercial, residential, and institutional. The area to the west of the subject property is zoned R-2 and is used residentially. Technical Review: Rezonlng As mentioned above, 825 41't Avenue NE is zoned R-2, One and Two Family Residential; 4156 Central Avenue NE is zoned CBD, Central Business District; and 4150 Central Avenue NE is zoned CBD, Central Business District. This request is to rezone all three properties to R-4, Multiple Family Residential. Applicable permitted uses in the R-4 District include multiple family dwelling structures, nursing homes, and public and private schools. Multiple family dwelling structures and nursing homes are not permitted in the R-2 Or CBD Districts, so the re'zoning is necessary to accommodate the proposed uses. The City Comprehensive Plan designntes 825 41" Avenue NE for future medium density residential development and the two properties on Central Avenue for future commercial development. Medium density residential development should consist of four, six, and eight- family townhouse buildings. The Plan states that .appropriate zoning for medium density residential is R-3, Multiple Family Residential. The commercial designation is designed to accommodate uses allowed in the Limited Business, Retail Business, and Central Business Districts. Please note that the LB District allows multiple family buildings as a permitted use Case: 2000-0408 Page: 4 and nursing homes as a Conditional Use. The request is generally consistent with the intent of the Comprehensive Plan. However, please note tha~ Plan includes a designation for high density residential which would accommodate apartments. Appropriate zoning for the high density residential designation is R-4, Multiple Family Residential. Because the owner-occupied townhouse units have been removed from the development, the pwposal is less consistent with the intent of the Plan than when the grant application was submitted. However, because the subject property is designated for both commercial and medium density residential, and because the development is being processed as a Planned Unit Development, rezoning the property to R-4 is more appropriate than the R-3 designation. It is staff's opinion that the project is still generally consistent with the intent of the Comprehensive Plan. The draft 2000 Comprehensive Plan designates the area for future transit-oriented development and it is also identified as a potential redevelopment area. The Plan states that areas designated for transit-oriented development will include service-oriented commercial/retail development with high-density residential development providing the balance of the development. The proposal is consistent with this recommendation. Please note that because the project is subject to the:use of eminent domain on the property at 4156 Cen~zal Avenue NE, staffwill recommend that action taken on the rezoning request be subject to the successful completion of the eminent domain process. Planned Unit Development The purpose of a Planned Unit Development is to encourage flexibility in the design and development of land in order to promote its appropriate use. The following requirements apply to the Planned Unit Development. 1. The tract of land shall be served with city sewer and water and have not less than 75 feet of public right-of-way frontage. The subject property is served by city sewer and water, and the property greatly exceeds 75 feet of fl~ontage. 2. Bio principal building shall be nearer than itS height to the rear or side lot line when such line abuts an R-1 or R-2 District. Provided ~hat the rezoning is approved, the proposed lots will not abut an R-1 or R-2 Dis~ct. 3. No building within the development shall be nearer to another build_lng than ½ the sum of the height of the two buildings. The project ~ proposed meets this requirement. 4. Private accessways shall be 24 feet or more in width. Having scaled the access'ways on the plan it appears that it is 22 feet in width at its most narrow point (driveways onto 41 '~ and 42'~ Avenue NE), so the access-way will need to be widened to 24 feet in these areas. 5. No building shall be located less than 15 feet from the back of the curb on roadways and accessways, and 3 feet on service roads. The proposed senior building will be roughly 20 feet from the back of the curb along Central Avenue and 37 feet from the back of the curb along 42'~ Avenue NE. The proposed Building B of the rental units will be roughly 30 feet from the back of the curb along 41" Avenue NE, and the proposed Building D is 26 Case: 2000-0408 Page: 5 feet from the existing alley. 6. Guest parking ratio shall be one space for each four units with no unit having a distance greater than 200 feet to such space. Please note that the Zoning Ordinance requires 1.5 spaces for each dwelling unit in the R4 District, one of which shall be a garage, so 33 spaces are required for the rental units (17 garage spaces). Also, 6 additional spaces are required for the guest parking ratio. The proposal includes 44 spaces (22 garage) for the rental units which meets minimum parking requirements as 39 total spaces are required. 7. An open space system shall be designed showing recreational areas equal to at least 10% of the site area and served by a pedestrian oriented path system. It is intended that natural areas be included as part of the open space system. The proposal includes a sidewalk system which will serve the rental units, connecting that portion of the development to 41't Avenue NE. Also included in the proposal is an open area between building D and C on Lot 1 which is approximately 6,800 square feet in size. This area will contain playground equipment. Please note that the subject property does not currently contain any "natural" areas, but it is staff's opinion that the proposed storm water pond can be landscaped in a manner that will make it a passive amenity for the project. The pond area is roughly 9,539 square feet in size. This along with the open playground area combines for approximately 17% of the area subject to redevelopment. Provided that the storm water pond is landscaped in an attractive manner, the proposed open space system meets the intent of the Ordinance. 8. A sewer-water public utility system to serve the project shall be submitted, said system shall indicate a fire hydrant distribution to the approval of the Fire Chief and in total to the City Council. This information is subject to review and approval by the Public Works Department and Fire Department. A street light system shall be submitted for approval and all wires shall be below ground. At this point, staff has not seen a lighting plan, but will recommend that one be provided as a condition of approval for the final plan review. Plat Before a final plat is submitted to the City, the developer is required to submit a tentative or preliminary plat. The proposed plat indicates that the site will be divided into the following lots: 1. Lot 1 will be approximately 1.6 acres in size and will contain the 22 rental units. 2. Lot 2 will be roughly .65 acres and will contain the assisted living building. 3. Lot 3 will be wughly 5.2 acres and will contain NEI College of Technology and related on-site parking. Please note that the proposed map does not label the property as Lot 3, so this will need to be amended prior to appwval of a final plat. A number of new easements arc being proposed, and some existing casements will need to be vacated. 1. Outlot A - drainage and utility easement for the relocated storm water pond. Please note that the storm water pond is currently located where the assisted living building is proposed. The size and location of the proposed pond is subject to review and approval by the Public Works Department. Case: 2000-0408 Page: 6 2. The existing drainage and utility easement for the storm water pond and related piping needs to be vacated. 3. A proposed drainage and utility easement is proposed around the rental units for a proposed sanitary sewer line and water main to serve the four buildings. 4. There is a portion of a drainage'and utility easement that encroaches into the pwposed Lot 1 that will need to be vacated. Having reviewed the proposed plat, staff has a number of concerns that should be addressed prior to approval of a final plat. 1. Alley - Currently, there is a north-south alley that is located west of the existing commercial properties along Central Avenue which Connects 41~ and 42'l Avenues. The proposed senior building is located over the existing alley, so that portion of the right-of- way will need to be vacated. Also, the proposed plat does not indicate that the right-of- way will be redirected around the senior building out to 42~ Avenue. Staffis recommending that the plat be amended to show the alley right-of-way being redirected to 42'~t Avenue. Please note that staff has safety concerns about the proposed alley which will contain two 90 degree tums, so staffwill recommend as part of any final approvals that the directional changes be clearly signed and marked, and a traffic knpact barrier be pwvided at the point where the alley tums away from Central Avenue to travel around the proposed senior building. 2. On-street parking - The plat will need to be amended to illustrate relocated property boundaries for NEI to accommodate the property to be acquired by the City for on-street parking along 41 ~ Avenue NE and Jackson St. NE. 3. Lot 3 - As mentioned above, the Plat will need to be amended to label the property occupied by NEI College of Technology as Lot 3. 4. Accessway - The accessway, as proposed, is intended to be shared by NEI, the rental units, and the assisted living building. Currently, the plat shows certain property lines as being located in the middle of the accessway. Staffwill recommend that the accessway be labeled and described as an outlot for the purpose of shared access. Parking and Tr~[ic Circulation As mentioned above, guest parking ratio shall be one space for each four units with no unit having a distance greater than 200 feet to such space. Please note that the Zoning Ordinance requires 1.5 spaces for each dwelling unit in the R-4 District, one of which shall be a garage, so 33 spaces are required for the rental units (17 garage spaces). Also, 6 additional spaces are required for the guest parking ratio. The proposal includes 44 spaces (22 garage) for the rental units which meets mlnimun'l parking requirements, as 39 total spaces are required. The amount of parking proposed for the rental units meets requirements. For the purposes ofparldng and zoning requirements, the assisted living senior building is being considered a nursing home. Please note that the Zoning Ordinance does not specifically identify assisted living senior facilities as a use, so the most closely related use needs to be used which is either a nursing home or a multiple family building. It is staff's opinion that the proposed Case: 2000-0408 Page: 7 facility is more closely related to a nursing home than it is a multiple family building. A nursing home requires at least one paridng space for each two beds for which accommodations are offered. The proposed assisted living building will have 50 units (beds), so a total of 25 parking spaces are required for the building. The proposed plan indicates that 15 spaces will be provided for use by the assisted living building, all of which are designed to back directly into the public alley. As a result a parking variance will need to be granted for the assisted living component of the project or an additional 10 spaces will need to be created. Please note that staffhas inquired about the possibility of a shared parking agreement with N'EI College of Technology. It was explained that this has not been discussed and is an unlikely possibility. The proposal indicates that 422 spaces will remain on-site for use by NEI College of Technology. The Zoning Ordinance requires vocational schools to have one parking space for every 2 1/8 students based upon actual enrollment which is the greatest number of students enrolled and are in attendance at'one time. According to information provided to staff, NEI currently has 350 full-time students and 250 part-time students (600 total). Based on the minimum parking regulations, they are required to have 282 on-site spaces. As mentioned above, 422 spaces will remain on-site which meets minimum parking requirements for N'E1. Of these 422 spaces, 366 will be standard size, 46 will be compact, and 10 will be handicapped- accessible. Please note that the Zoning Ordinance allows schools with over 300 parking spaces to utilize compact parking provided that not more than 40% of the spaces are compact and the spaces are not less than 8 feet wide by 18 feet in length. The proposed compact spaces are 8.5 feet wide by 18.5 feet in length and roughly 11% of the total spaces will be compact, so this is in compliance with the Ordinance. The standard spaces are described as 9 feet wide by 18.5 feet in length with a 27 foot drive aisle. The required length ora parking space is 20 feet, so the plans will need to be amended to accommodate 20 foot spaces. This will shorten the width of the drive aisles to 24 feet which is a satisfactory distance for safe tra~e circulation. N-El College of Technology is maintaining the position that they will need 500 parking spaces to meet projected parMng demands. AS a result, the development proposal is including an additional 84 parking spaces which will be constructed on-street. 55 are proposed to be located along 41' Avenue NE and 29 are proposed along Jackson Street NE. As mentioned earlier, additional right-of-way will need to be acquired to accommodate this on-street parking. The proposed development will utilize an existing access from 42~ Avenue and a new access will be created off41' Avenue. Please note that the Traffic Commission is reviewing the proposed accesses. The proposed on-street parking spaces generate safety concerns as well as maintenance concerns, but on-street parking can also have a traffic calming effect which can benefit traffic circulation in the area Thc proposed development will accommodate internal tra:efic circulation though the addition of residential units on the site will generate some additional traffic on the surrounding system that is not currently there. One point of concern p~ain; to the configuration of~Iackson St. in the project. Cun'ently, Case: 2000-0408 Page: 8 Sackson St. is a one-way road south from 42~a Avenue where the public right-of-way ends roughly 200 feet south of42'~. Traffic can still travel through the site either in the parking lot west of NEI or through the parking lot north of NEl. Please note that this is an existing condition, but staffwill recommend that the one-way system and private drives be clearly marked and signed. Life Cycle Housing Study The Life Cycle Housing Study which was completed for the City in May, 1998, recommended that 99 ownership townhouses be constructed in the City by 2010, and it also recommended the construction of additional housing for seniors. The Study stated that 131 rent assistance certificates be added for affordable rental units in the City, but new affordable rental should not be constructed in the City unless it is subsidized. The proposed rental units will receive subsidies through the Minnesota Housing Finance Agency, Metropolitan Council, and other sources, so it is consistent with the recommendation in the Study. However, construction of affordable rental units was not identified as a priority for the City. Height Variance As mentioned earlier, the proposed assisted living senior building will be a maximum height of 40 feet. The maximum height allowed in the R-4 District is 35 feet so a variance is necessary. 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. The height of the building at Central Avenue was measured to be 26 feet which meets the maximum height requirement, but the grade elevation drops west of Central, so in order to maintain a level roof line, the maximum height of the building is 40 feet from grade where the grade drops. It is staff's opinion that topography of the property creates a legitimate hardship on which to base an approval of the variance. Miscellaneous The Police Department has stated that they are supportive of the assisted living senior building component of the project, but they suggest that secure parking and adequate lighting be provided to deter theft and vandalism. They also stated that they have some .major concerns with the affordable r~ntal component. They are concerned that the City currently has several areas of high density residential that take a great deal of City resources. The Police Department is also concerned about the proposed diagonal parking in front of NBI, particularly regarding safety issues. Please refer to the attached Memo dated March 27, 2000, from the Police Chief for more detailed information regarding these concerns. One possible altem .~ve to the on-street parking along 41't Avenue is the construction of another Case: 2000-0408 Page: 9 on-site parking lot between the building occupied by N-E1 and 41'~ Avenue NE. This would alleviate concerns about on-street parking but it would also create more impervious surface in the area and would remove some of the existing green/open space in the area. If the Planning and Zoning Commission feels ii important to remove the on-street parking along 41'~ Avenue, the developer could be requested to design'a parking lot in this area prior to plan approval. The plans do not indicate proposed locations for waste material storage. The Columbia Heights Zoning Ordinance requires that waste material storage be located and fenced as to be removed from public view. Staff'will recommend that the plans be amended to accommodate waste material storage. The assisted living senior building is required to have at least one loading berth that is no less than 12 feet in width, 25 feet in length, .and 14 feet in height. The location of this loading berth shall not be located less than $0 feet from the lot line of an abutting lot in an "R" District and it shall not occupy front yards or side streets. Also, the loading berth shall be located with appropriate means of vehicular access to a public street or alley so as not to interfere with traffic. You will note that the plans accommodate an arced driveway off42~d Avenue NE which is large enough to accommodate a loading berth. This berth is more than 50 feet from an abutting residential lot and does not occupy a side street, so it is in compliance with the Ordinance. The Zoning Ordinance requires that screening be provided between commercial and residential uses. Staffwill recommend that the plans be amended to provide screening between the proposed development and the existing commercial development east of the subject property. The positive aspects of this proposal are as follows: 1. The proposal is generally consistent with the intent of the City Comprehensive Plan and Life Cycle Housing Study. 2. The development will provide needed housing opportunities for seniors. 3. The proposal will provide new residential development near the downtown area which creates the possibility of increased activity to support area businesses. The negative aspects of this proposal are as follows: 1. The proposal maximizes the amount of space available to accommodate parking demands. 2. Removing the owner-occupied townhouse units which was part of the original application eliminates one of the most needed life-cycle housing options in the community from the project. 3. The proposed on-street parking generates concerns about safety and increased maintenance. CONCLUSION Staff Recommendations: Case: 2000-0408 Page: 10 Staff recommends approval of Ordinance 1411 (attached) which is an Ordinance rezoning the subject property to R-4, Multiple Family Residential, as the proposal is generally consistent with the intent of the City Comprehensive Plan. This recommendation will be subject to the successful acquisition of 4156 Central Avenue. NE through the eminent domain process. Staff'recommends approval of the five foot height variance for the proposed assisted living senior building as topography of the property creates a hardship. Staff recommends approval of the preliminary'plan for the Planned Unit Development subject to the conditions listed in the recommended motion. Please note that the Planning and Zoning Commission can recommend City Council approval of the preliminary plan, and the City Council can approve, disapprove, or approve with modifications. If approved, the proposal will be back before the Planning and Zoning Commission as a final plan. At that tine, the Commission will recommend City Council action on the final plan which will take the form of a resolution appwving, approving with conditions, or denying a Conditional Use Permit to allow the planned unit development. At this point, the Planning and Zoning Commission is being requested to recommend City Council action on the preliminary plan. In addition to the recommendations identified above, staffwill recommend that a revised preliminary plat be submitted for Planning and Zoning Commission review at their next meeting. At that t/m__e the Commission can recommend City Council action on the preliminary and final plat provided that the necessary information is pwvided. Recommended Motions: Move to recommend City Council adoption of Ordinance 1411 which is an Ordinance rezoning 825 41' Avenue NE, 4150 Central Avenue NE, and 4156 Central Avenue NE to R-4, Multiple Family Residential District, as the proposal is generally consistent with the intent of the City Comprehensive Plan, subject to the following condition.' 1. Successful acquisition of 4156 Central Avenue NE through eminent domain by the Columbia Heights Economic Development Authority. Move to recommend City Council approval of the five fOot height variance for the proposed assisted living senior building as topography of the property creates a hardship. Move to recommend City Council approval of the preliminary plan for the planned unit development at 825 41" Avenue NE, 4150 Central Avenue NE, and 4156 Central Avenue NE, subject to the following conditions. 1. City Council adoption of Ord/nance 1411, rezoning the subject property to R=4, Multiple Family Residential District. 2. City Council approval of the five foot height variance for the pwposed assisted living senior building. 3. Successful negotiation of a purchase a/l'eement between the applicant and NEI College of Technology Case: 2000-0408 Page: 11 4. Successful negotiation of a development agreement(s) between the applicant and the Columbia Heights Economic Development Authority. $. City Council approval of the preliminary and final plat for the project. 6. The plat shall be modified to include the following: a. Thc plat shall be amended to illustrate the alley right-of-way through the properly; b. The plat shall be amended to illustrate relocated property boundaries for NEI to accommodate property to be acquired by the City for on-street parking; c. The property occupied by NEI will need to be labeled as a Lot; d. The private accessway will need to be labeled and described as an outlot for the purpose of shared access. 5. The creation and vacation ofpertinent easements shall be approved by the City. 6. The private accessway will need to be no less than 24 feet in width. 7. The landscaping plan shall be amended to accommodate landscaping in and around the stormwater pond to create an open space amenity in the area. 8. The proposed public utility system will need to be reviewed and approved by the Public Works Department. 9. Drainage and Grading plans will need to be reviewed and approved by the Public Works Department. 10. Plans will need to be approved by the Columbia Heights Fire Department for emergency vehicle access and hydrant distribution. 11. A lighting plan shall be submitted for review and approval as part of the final plan 12. Directional changes in the public alley shall be clearly signed and marked, and a waffic impact barrier shall be provided at the point where the alley tums away from Central Avenue to travel around the proposed senior building. 13. A parking variance for the assisted living senior building will need to be applied for and appwved, or additional parking spaces will need to be provided to meet minimum 14. The plan shall be amended to illustrate the standard parking spaces as 20 feet in length. 15. The traffic circulation system shall be clearly signed and marked on the site, including identification of any one-way systems and private accessways. 16. The plans shall be amended to accommodate waste material storage. 17. The plans shall be amended to provide screening between the proposed development and the existing commercial development east of the subject property. Attachments: · Completed application form; Ordinance 1411; Police Department Comments; Project Milestones; Public Works Dept. comments; and, Public Notice Also please find the following plans attached: Preliminary plat; preliminary grading plan; preliminary utility plan; existing conditions; site parking; site plan; senior building elevations; senior building floor plans; rental unit elevations and floor plans; and, a landscaping plan. ~ ~.? '00 08:39Rl'1 CXT~ OF COL~HBXA HEI~?S --S. Descr~pc£oa o£ lequosc~ ~ :~,.~- ! Hue .- Ad~L~ee 8: Phoz~e: e Eeaso~ for iJqselC, 8. Zzhibito SubnAc~ed CRape, dAafcaas, etc.) g. Acknovled ent i cur = The undersigned hereby ~epceeenca upon all of ~.he ~~,~rpose o~ A~ducia$ t~e C~c7 of Columbia HeA~h~s co &ccAon he~eAn ~equesced, c~ac ail statements herein &Fl ~t aad Ch&c ill 1o~ herei~ mentioned rill be done in accordance vir~ ~he OcdAnance8 of r. he City of Columbia Heights ORDINANCE NO. 1411 BEING AN ORDINANCE AIVIE~ING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REZONING OF CERTAIN PROPERTY Section 1: That certain property legally described as Lot 1, Block 2, Northwestern Addition. Section 2: To authorize and direct staff to amend the official zoning map to reflect the change in zoning fi'om R-2, One and Two Family Residential District, to R-4, Multiple Family Residential District, upon the effective date of said ordinance. Section 3: That certain property legally described as Lot 2 and the south 11 feet of Lot 1, Block 38, Columbia Heights Annex to Minneapolis. Section 4: To authorize and direct staffto amend the official zoning map to reflect the change in zoning from CBD, Central Business District, to R-4, Multiple Family Residential District, upon the effective date of said ordinance. Section S: That certain property legally described as Lot 2, except the south 11 feet, Block 38, Columbia Heights Annex to Minneapolis. Section 6: To authorize and direct staffto amend the official zoning map to reflect the change in zoning from CBD, Central Business District, to R-4, Multiple Family Residential District, upon the effective date of said ordinance. Section 7: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson PROJECT M ESTONES CLOSE ON TAX CRF.,DITS CLOSE ON CONSTRUCTION LOAN BEGIN CONSTRUCTION MARICETING BEGINS IN OCCUPANCY COMP~ON OF CONSTRUCTION CLOSE ON PE~ MORTGAGE JUNE 2O0O JUNE 200O ~ 200O NOVEMBER 2000 JANUARY 2001 AFl, fL 2001 MAY 2001 JULY 2001 CITY OF COLUMBIA HEIGHTS II 590 40TH AVENUE N.£., COLUMBIA HEIGHTS, MN 55421-3878 (6!2) 782-2800 TDD 782-2806 Tom Rams~ell, Cha,. Kevm Hanso. Te(~ 'YenlH Daniel Shattuck Stephen Jolln$~.- PLANNING AND ZONING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 40"' Avenue NE, at 7:00 PM on Tuesday, April 4, 2000. The order of business is as follows: A request for a Conditional Use Permit to allow a Planned Unit Development on the property located at 825 41" Avenue NE, 4150 Central Avenue NE, and 4156 Central Avenue NE for the construction of a 50 unit assisted living building and 22 units of rental townhomes. This is also a request to rezone the property located at 825 41't Avenue NE from R-2, One and Two Family Residential, to R-4, Multiple Family Residential. A rezoning of the property located at 4150 Central Avenue NE and 4156 Central Avenue NE from CBD, Central Business District, to R-4,Multiple Family Residential is also requested. In addition, a five foot height vadance is being requested to allow the senior building to be 40 feet in height as opposed to 35 feet in height which is the current maximum height allowed in the R-4 District. For questions you may contact Joe Hollman, City Planner, at 612-706-3673. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager jh The City of Columbia Heights does not diScriminate on the basis of disability in the 'admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuaiswith disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call :he City Council Secretary at 706-3611 to make arrangements. (TDD/706-3692 for deaf or hearing impaired only.) · "-E ~,T¥ OF COLUMBIA HEIGHIT$ DOKS NOT DISCRIMINATE: ON TH[ BASIS OF' DISABILITY IN ;=MPLOyMEt~T OR THE: EQUAL OI~I~ORTUNIT'i' EMlaLO't'~R II'~.j I ! ! II I I j ~ ~ '1- II I I~ i~ , ' I ~l · ~ * ! !, ~. ! !l' I1~:~ ~.J~i_~!.. I~.L I,i1~/'- ~; ..r i-l~-~-~ilLJ~ ~. ~j, ,! , I~:. :~ ~ I! , [ ,. I L , II " ~1 F1 'n. ' i IF-- -~ -~ 1--11 ,~ --ii 'L ...... 1 '.~-~ --' - · , _ ~_ .J . ~ I . ~ , ~- r ~ tR -.r-rrn,I II I ~,.-.~.,,,,,,,,.q.m,,,~ .~ ,-- Il -! I,~1 , rr-.=+: ~_, .... '- ' , ' , I~ ~1 [-~~~ :I !!I iii i~i ! 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I-~ II Real Estates 325 ~ Strut COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: June 26, 2000 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 7-C- 1 CITY MANAGER'S APPROVAL ITEM: Sale and lease back of BY: Walt Fehst/Patty M. BY: NO: 4101 Central Ave DATE: June 23, 2000 DATE: There will be an executive session at 6:15 p.m. to discuss the terms of the contract for the sale and lease back of 4101 Central Avenue NE with Families Moving Forward. A sealed packet containing this information for the executive session is being delivered with this packet. A motion to finalize this action will be determined at the executive session, prior to the regular City Council meeting. COUNCIL ACTION: h:~41Olcent~l~e MEMBERS Tom Ramldell, Chair CiTY OF COLUMBIA HEIGHTS Ted Yehle I I Stephan Johnson 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 5542 !-3878 (6 ! 2) 782-2800 TDD 782-2806 DanieIShattuck PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES June 6, 2000 The June §, 2000 Planning and Zoning Commission meeting was called to order by at 7:00 p.m. by Commissioner Yehle. Members present were Shattuck, Yehle and Hanson. Commissioners Remsdell and Johnson were not present. Also present were Kathryn Pepin (Secretary to the Planning and Zoning Commission), Ken Anderson (Community Development Director/Acting City Planner), and Jim Hoeft (City Attorney). MOTION by Shattuck, seconded by Hanson, to approve the minutes from the meeting of May 2 and May 9, 2000 as presented in writing. Voice Vote: All Ayes. Motion passed. NEW BUSINESS AG Public Hearing Conditional Use Permit Case//2000-0612 Michael Salem Re: 4923 Central Ave. Columbia Heights, Mn. Mr. Anderson presented the request of Mr. Salem for a Conditional Use Permit to open a deli/grill restaurant in the vacant tenant space at 4923 Central Avenue N.E. The deli/grill will be called Cairo Grill. He added that they are proposing 36 seats for dining. The original applicant and contractor was Abuzant-Houston Construction. Mr. Anderson stated that this has changed to Amro Amro Contractino adding that this operation is affiliated with the Jerusalem Market at 4945 Central Avenue and is within the same strip mall. According to Section 9.113(2) of the Zoning Ordinance, a Conditional Use Permit will be required if the proposed use contains a restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103(63). Mr. Anderson informed the Commission that the applicant is not proposing any physical changes to the site, or exterior structural changes to the building. However, there will be kitchen equipment, sinks, shelving, refrigerator, exhaust hood, display case and counters installed inside the building. They also plan to modify the double door entry and construct a unisex bathroom that will be accessible to the disabled. A seating area will be included with nine tables of four chairs each for total seating for 36 persons. He added that these improvements are subject to review and approval by the Building Official, Fire Department, and Anoka County Health Department. Mr. Anderson informed the Commission that Minimum Yard and Density Requirements would be as follows: THE CITY OF' COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN E[MPL. OYMENT OR THE PROVISION OF' SERVICES I='QUAL. OPPORTUNITY I=MPLOYER PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 2 · Lot Width shall be at least 50 feet. The subject parcel is 135 feet wide. · Lot Area shall be at least 0,000 square feet. The subject parcel is 33,075 square feet. · Front Yard Setback shall be 1§ feet. The existing structure meets this requirement. There shall be at least one 10 foot side yard, the other side yard can be zero feet. The existing building meets this requirement. Rear Yard Setback shall be 30 feet. The existing building setback is 15 feet which is a legal, nonconforming use. The floor area ratio shall not exceed 1.0. The property has a floor area ratio of approximately .036 which meets this requirement. · Need minimum frontage of 40 feet. The subject parcel has 241 feet of frontage along Central Avenue. Mr. Anderson informed the Commission that the parking requirements for a restaurant are at least one space for each three seats based on capacity design. According to the floor plan, there are 36 seats in the restaurant which requires 12 parking spaces. The site plan indicates that there are 38 parking spaces on-site, two of which are handicap-accessible. He noted that the existing parking lot meets the parking demand experienced by the current tenants. Mr. Anderson stated that the minimum requirements of the Zoning Ordinance cannot be determined based upon the information provided by the applicant for the floor plan layout of the site. Mr. Anderson stated that Staff will require, as a condition of approval, that a revised floor plan for the building be p~ovided prior to the issuance of a building permit. Mr. Anderson informed the Commission that solid waste material is required to be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. An additional screening requirement is that when any business is adjacent to a residential use, that business shall provide screening along the boundary of the residential property. Screening can be accomplished by a privacy fence that is not less than 50% opaque, or it can be accomplished by providing plantings along the residential property. Mr. Anderson stated that Staff will recommend as a condition of approval that screening comply with the ordinance requirements. Mr. Anderson indicated that Staff has not yet seen any information pertaining to signage proposed for this site noting that the current building does not comply with the signage section of the City Code as there is no address for the Jerusalem Market on the building. Staff will recommend as a condition of approval that the address and other signs comply with the City Code. Mr. Anderson informed the Commission that the City Comprehensive Plan designates this area for future PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE §, 2000 Page 3 commercial development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods, and the Plan promotes the rehabilitation of existing development land in the City. It was his opinion that the proposal will not negatively impact any nearby residential areas and will provide an appropriate reuse of an existing, vacant tenant space in the building, therefore, the proposal is consistent with the City Comprehensive Plan. Council Representative Szurek was present to bring to the Commission's attention that she has met with residents who live in the areas behind the proposed restaurant and the Jerusalem Market regarding the noise emanating from one of the rooftop units on the Jerusalem Market tenant space. She stated that it was very loud and had the Police Department perform a decibal rating test. She felt it should be repaired as it was very loud and could be heard for quite a distance. Commissioner Yehle opened the public hearing. Todd Hanson of 4918 Tyler Street was present to voice his concern regarding the loud compressor as he lives directly behind the strip center. He stated that he is also in the restaurant business and in his leases, the tenant provides the maintenance on such items. He also was concerned about the amount of parking that a viable business will generate in addition to that of the Heights Bakery and the other tenants in the mall. It was his opinion that the Commission look very closely at the number of parking spaces as the other tenants are entitled to parking for their businesses. He stated that the 504 and Central intersection is a dangerous intersection with the frontage road located there and that this business will add to the congestion if it is successful. He also addressed the construction noise coming from the building because the rear door is left open when jackhammering is being done. He was concerned that the rear door will be left open once the restaurant is opened and they will have to listen to dishes being rattled. It was his opinion that the tenant had no consideration for the residential neighborhood. Attorney Hoeft stated that the noise issues were code issues and not appropriate to this case. He added that they should be addressed by staff. Darrell Weiser of 4920 Tyler Street was present to also voice concerns regarding the noisy compressor on top of the mall. Joann Molan of 4924 Tyler Street .was present to also express her concerns with the noise. Commissioner Hanson stated that the tenant was responsible for the repairs as he has worked on a some of the units for other tenants in the same mall and they were the ones who hired and paid his business. He also asked if any screening of the rooftop units would be provided. Commissioner Yehle closed the public hearing. Commissioner Shattuck felt that an accurate site plan reflecting the parking plan for the site should be submitted prior to the City Council meeting. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 8, 2000 Page 4 Motio~ by Shattuck, seconded by Hanson, to recommend to tho City Council the approval of the Conditional Use Permit to allow the operation of the Cairo Grill in tho Retail Business Zoning District at 4923 Central Avenue N.E, subject to the following conditions: 1. All required state and local codes, permits, and inspections including, but not limited to building permits, fire code, and health department regulations will be mat and in full compliance; 2. The screening requirements of the Zoning Ordinance for fencing and dumpster enclosure shall be in compliance; 3. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance; 4. A revised floor plan of the building showing tenant spaces by size and uses shall be provided to calculate parking requirements prior to the City Council meeting of June 12, 2000; and 5. Hours of operation shall be confined to th8 period from 10:00 a.m. to 1:00 a.m. Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE JUNE 12, 2000 CITY COUNCIL MEETING. Public Heerino Conditional Use Permit Case #2000-0613 Luis Alberto Rojas-Ledesma RE: 3800 Central Ave. N.E. Columbia Heights, Mn. Mr. Anderson presented the request of the applicant for a Conditional Use Permit to open a restaurant in the vacant building formerly occupied by Bridoaman's and then Amira's Restaurant at 3800 Central Avenue N.E. adding that there are no physical changes being proposed to the site. Mr. Anderson directed the Commission's attention to a letter from the property owner approving of the request for the Conditional Use Permit for his tenant. The surrounding property to the north, south, and east is zoned RB, Retail Business while the property to the west is zoned R-3, Multi-Family Residential. The property to the east and north is used commercially and the property to the south is a non-conforming residential.use. The property to the west is also used residentially. Mr. Anderson stated that according to Section 9.113(2) of th8 Zoning Ordinance, a Conditional Use Permit will be required if the proposed use contains a restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103(63). PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 5 Mr. Anderson stated that the Minimum Yard and Density Requirements are as follows: Lot Width shall be at least 50 feet. The subject parcel meets this requirement; · Lot Area shall be at least 8,000 square feet. The subject parcel is over 16,000 square feet; · Front Yard Setback shall be 15 feet. The existing structure does not meet this requirement; · There is no side yard setback requirement; · Rear Yard Setback shall be 20 feet. The existing building meets this requirement; The floor area ratio shall not exceed 1.0. The property has a total square footage of 3,635 square feet, so the property has a floor area ratio of approximately .2 which exceeds this requirement; · Need minimum frontage of 40 feet. The subject parcel exceeds this requirement. Mr. Anderson informed the Commission that the existing building is legally non-conforming as it does not meet the 15 foot front yard setback requirement. Provided the building is not vacant for a period of six months or more, the building can continue to be used without a variance. He noted that the location of the building became non- conforming when the area was rezoned from CBD, Central Business District, to RB, Retail Business, earlier in 1998. The site plan found in the proPerty record files indicates that there are 33 spaces on the site. He noted that this plan does not accurately reflect the parking layout on the site. He added that he was unable to locate a plan showing the actual layout of the site, and one was not submitted with the application. The applicant has indicated that there are 35 sites marked on the lot. The attached site plan was modified by the former City Planner for the Amira's application after visiting the site. He stated that parking for a restaurant requires at least one (1) space for each three (3) seats based on capacity design or, where there is no design layout, one (1) space for each thirty-five (35) square feet of gross floor area. The applicant has provided a design layout showing 98 seats which would require 33 spaces. Based on the one space per 35 square feet of floor area used for the public, approximately 37 spaces are required. Mr. Anderson stated that this requirement has been lessened as a result of the seating design. One (1) handicap accessible space is required for every 25 regular spaces. As a result, two handicap spaces are required, one of which shall be van accessible. He added that this space will need to be clearly marked and signed as will an eight (8) foot wide access aisle between the two spaces. Mr. Anderson stated that the existing parking layout has 90 degree parking and vehicles can enter and exit utilizing either access point. The parking lot meets the minimum number of parking spaces required. Existing ingress/egress routes will continue to be utilized. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 6 Loading requirements are as follows: A loading berth shall be not less than 12 feet in width, 25 feet in length and 14 feet in height and, for retail sales and service stores, at least one berth for each building having 2,500 to 8,000 square feet. Mr. Anderson stated that he was not able to determine the location of loading and unloading on the site. He stated that all open off-street parking areas shall provide a bumper curb of 5-7 inches high around the perimeter of the parking area and a curb of no less than five (5) feet from a building that has parking around it. The parking lot is surrounded by a combination of constant perimeter curb and individual bumper curbs which meets the Ordinance requirement. Solid waste material shall be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. Currently, dumpsters are located off the southwest corner of the building and they are not enclosed. Mr. Anderson stated that Staff will recommend as a condition of approval that an approved enclosure be provided or enclosed dumpster are utilized. Where any business is adjacent to a residential use, that business shall provide screening along the boundary of the residential property. Mr. Anderson stated that screening can be accomplished by providing plantings along the residential property. Currently, there is a privacy fence along the property lines abutting a residential use/district. However, there have been issues in the past regarding the condition of this fence. The site plan does not indicate any areas for snow storage. The Zoning Ordinance does not contain specific size or area requirements for snow storage. It was Mr. Anderson's opinion that it does not appear there is much room on the site for snow storage. Mr. Anderson informed the Commission that because of the lack of information on loading and unloading and the fact that the parking lot will need to be modified slightly, staff will recommend, as a condition of approval, that the applicant work with an architect or engineer and submit a site plan illustrating the actual layout of the parking lot, taking into consideration the necessary changes. This plan should provide information on the following: layout of parking lot,' access points, van accessible parking spaces, provisions for loading/unloading, dumpster enclosure, and snow storage. Mr. Anderson stated that the applicant must also demonstrate that he is a U.S. citizen or legally authorized to reside in the country prior to issuance of the Conditional Use Permit. He added that signage will be changed within the outside boundaries of the existing freestanding sign which complies with the ordinance requirements. A temporary sign permit has been submitted for the grand opening if the Conditional Use Permit is approved. Mr. Anderson informed the Commission that the City Comprehensive Plan designates this area for future commercial development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods. In addition, the Plan promotes the rehabilitation of existing development land in the City. It was Mr. Anderson's opinion that the proposal will not negatively impact any nearby residential areas and will provide an appropriate reuse of an existing building, therefore, the proposal is consistent with the City Comprehensive Plan. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE §, 2000 Page 7 Mr. Luis Caire was present to hear the outcome of the proposal. He stated that he is an interpreter for the Spanish- speaking community in Minneapolis and assists with zoning issues. It was asked if the requirement that the applicant provide documentation proving his right to be in this country was appropriate. Attorney Hoeft responded that it is apparant that the applicant has no functional ability to communicate which prompts the question of residency. He stated that it is appropriate for the City to ask that residency be established and what the documentation means. Council Representative Szurek asked that the applicant be required to clean around the exterior of the building and eliminate the weeds and debri at the rear of the lot and along the fence line. Commissioner Hanson felt that it was not the function of the Building Official to police weeds and debri. It was his opinion that the applicant should obtain information on what is required to operate a business in the city and provide adequate and appropriate documentation for the operation. He felt it was not the place of the Planning and Zoning Commission to educate business operators of ordinances and regulations. Commissioner Shattuck amended condition/14 of the proposed motion to read "the screening fence shall be maintained in a safe and functional condition, all debri and weeds removed from the site and the area maintained". Motion by Shattuck, seconded by Yehle, to recommend to the City Council the approval of the Conditional Use Permit to allow the operation of a restaurant in the Retail Business Zoning District at 3800 Central Avenue, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. Waste material storage shall be located and screened in a manner consistent with the Zoning Ordinance. 3. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. 4. The screening fence shall be maintained in a safe and functional condition, all debri and weeds removed from site and the area maintained. §. A site plan drawn to scale shall be submitted for review and approval by staff. This site plan shall provide at a minimum, the following information: layout of parking lot, access points, one van accessible and one other handicapped accessible parking space, provisions for loading/unloading, dumpster enclosure, and, snow storage. 6. One van accessible and one other handicap parking space shall be provided as near as possible to the main entrance to the building. This space and access aisle shall be clearly marked and signed. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 8, 2000 Page 8 7. The applicant will verify and provide evidence of legal authorization to reside and work within the U.S. Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA FOR JUNE 12, 2000. Public Hearing Conditional Use Permit Case #2000-0614 St. Matthew's Lutheran Church RE: 4101 Washington St. N.E. Columbia Heights, Mn. 55421 Mr. Anderson presented the request of the applicant for a Conditional Use Permit to open a Christian-based, child daycare for 20 -30 children ages infant to pre-school in a 1,352 square foot space in the lower level of the church facility at 4101 Washington St. N.E. An outside play area is also required to be fenced for use by the children. The facility is proposed to meet the current shortage of daycare facilities in this area and provide a service to the community. Mr. Anderson informed the Commission that the surrounding property to the north, south, east and west is zoned R-2, One and Two Family Residential District and is used residentially. He noted that the church owns other property adjacent to this site for additional parking. He further explained that according to Section 9.108(4) of the Columbia Heights Zoning Ordinance, a Conditional Use Permit is required for a "Day nursery, provided not less than 75 square feet of outside play space per pupil is provided and said space is fenced." The Minimum Yard requirements are listed below: No structural building shall exceed three stories or 35 feet which ever is the lesser in height. The CUP request does not impact this provision. A side yard abutting on a street shall not be less than 10 feet in width. All of this property is addressed on Washington Street, but, by definition of front yard, abuts 41" Avenue. The closest point of the building to 41" Avenue is 5.3 feet. Lot width. The lot width shall be 60 feet. Subject parcel lot width is 129.2 feet which greatly exceeds this requirement. The front yard shall be 25 feet. The subject parcel does not meet this requirement in the front yard at 5.3 feet. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 9 Mr. Anderson informed the Commission that the Zoning Ordinance requires that the Day Nursery provide not less than 75 square feet of outside play space per pupil and that said space must be fenced. With 20 students the required open space must be 1500 sq. feet. If the child population increases to 30, the required outside play space would he 2250 sq. feet. The chumh council president has verbally indicated that sufficient space is available in grassed areas onsite to provide the required outdoor play space. As a condition of approval, Mr. Anderson stated that Staff will request a site plan drawn to scale showing the proposed outdoor play space. The Zoning Ordinance does not specifically address parking requirements for a day care, so parking requirements for the most similar use need to be applied which appears to be an elementary school. An elementary school requires at least one parking space for each classroom, plus one additional space for each 300 student capacity. There will be a total of one (1) classroom, and two offices and the facility will hold approximately 20-30 kids, therefore, a total of four (4) parking spaces are required. Mr. Anderson stated that much of the traffic generated by this facility will be parents driving in and parking temporarily to drop off and pick up their children. Because of this, staff will recommend as a condition of approval that the site plan be amended to accommodate space next to the sidewalk along the building on 41't Avenue for temporary parking drop off and pick up. It appears that there is enough room for two, possibly three, spaces. These spaces shall be clearly marked and identified as temporary parking for child drop off and pick up. Staff further suggests that this recommendation be considered and approved by the Traffic Commission prior to approval of the CUP by the City Council. Mr. Anderson stated that the following provides a breakdown of the projected clientele and the proposed floor plan. As mentioned above, the 1,352 square foot area will be designed to accommodate a future total of 20-30 children. There will be one room for a total of 20-30 infants and preschoolers. Two rooms will be available for the Director and other staff. Handicapped accessibility is available from the existing elevator. Mr. Anderson informed the Commission that, according to the Southern Anoka County Consortium, Anoka County has a shortage of available day care. This site combined with the New Horizon facility in the Columbia Heights Mall will help meet this need. He added that a letter was received on June 1, 2000 in opposition to this request due to noise. Mr. Anderson stated that the City Comprehensive Plan designates this area for future Iow density residential. One of the goals of the Land Use and Redevelopment component of the Plan states "Protect and enhance the residential neighborhoods of the Community (Page 27)." The Plan does not specifically address day care in any goals and objectives, but service businesses are encouraged. The addition of a day care center in any part of Columbia Heights will provide a valuable service to the area. However, the traffic, noise, recreation and other aspects must be considered in a neighborhood setting. The proposal is consistent with the City Comprehensive Plan. PLANNING ANO ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 10 Mr. Les Lingren, President of the congregation, was present and stated that there would be approximately 20-21 children of which four will be infants. He added that the grassy area along Washington Street will be used for play area. He indicated that the loading zone is already marked and accommodates three vehicles. Commissioner Yehle opened the public hearing. He closed the public hearing as no one was present to speak regarding this case. Motion by Hanson, seconded by Shattuck, to recommend City Council approval of the Conditional Use Permit to allow the operation of St. Matthew's Lutheran Church Child Care at 4101 Washington Street, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. o All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. An outdoor play space not less than 2,250 sq. feet shall be provided and fenced, and issuance of the CUP will require a revised site plan showing the same. The traffic parking pattern shall be on 41't Avenue and be clearly marked and signed subject to review and approval of Traffic Commission The site plan shall be amended to provide temporary parking spaces for the drop off and pick up of children. These spaces shall be clearly marked and identified.' Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE JUNE 12, 2000 CITY COUNCIL AGENDA. Public Hearing Site Plan/Variance Case #2000-0615 Dairy Queen RE: 3959 Central Ave. N.E. Columbia Heights, Mn. Mr. Anderson presented the request of the applicant for a sign variance and site plan review of decorative screening and a canopy extending from the Dairy Queen building south to the property line and around the exterior mechanical equipment. The applicant is currently in the process of upgrading the former Dairy Queen site by modernizing and upgrading the property both functionally and aesthetically. The variance is requested to allow a rooftop and a projecting sign for historic renovation purposes. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE §, 2000 Page 11 Mr. Anderson informed the Commission that the surrounding property on the north, south, east and west is zoned CBD, Central Business District and is used for commercial purposes. The property to the east is used for institutional purposes as a church. He stated that Section 9.117A (4) (h) of the Sign Section of the Zoning Ordinance prohibits any roof sign. The same section of the Sign Ordinance further states as follows:. (i) A projecting sign which extends more than eighteen (18) inches" from the building or structure to which it is attached, other than canopy or marquee signs, or which is larger than three feet (3') in vertical height" are also prohibited. The applicant is proposing to install a roof sign of approximately 59.9 square feet. The sign will be projecting nine feet from the building facade and is estimated to extend 5.5 feet into the Central Avenue right of way. The sign will be a minimum of 9.§ feet above grade and a maximum of 19 feet above grade. Including waU signs showing DO posters, the total proposed signage will be 134.15 square feet. The maximum area amount of signage allowed under the Sign Ordinance as stated in Section 9.117A (9){c)(i) in the Central Business District "Total sign area shall not exceed two (2) square feet for each building or structure." Mr. Anderson informed the Commission that this building is approximately 19.2 feet long fronting on Central Avenue N.E. Therefore, the total wall signage allowed is 38.4 square feet. The total proposed signage on-site exceeds the maximum allowed by 95.75 square feet. Mr. Anderson added that the ordinance further restricts signs and prohibits these projecting signs which extend more than 18 inches from the building to which it is attached. The proposed roof sign extends approximately 9 feet from the building facade. Therefore, due to the significant amount of variance requested, Mr. Anderson stated that staff is recommending the Planning and Zoning Commission deny the signs as they are specific:ally prohibited by the Zoning Ordinance. He referred to the memorandum from the applicant dated May 18, 2000 which explains the rational for trying to create an excellent example of "new Dairy Queen interior and exterior image design elements with the historically accurate representation of Dairy Queen." Regarding the site plan, this proposal includes the construction of a pergola and canopy which would extend between the Dairy Queen south to and over the property line shared with the Heights Theater. Mr. Anderson stated that it is important to know that, at the current time, both properties share the same ownership. The survey dimensions of the Dairy Oueen site are 39.65 feet of frontage on Central Avenue by 128 feet deep. The proposed pergola and canopy appear to be extending over the Dairy Oueen parking lot by approximately 1.5 feet. Mr. Anderson added that Staff is recommending the canopy and pergola be reduced in size to insure all portions of both structures remain on the property of the Dairy Oueen building. The area between both buildings is proposed to be used for outdoor seating and will offer a combination of shaded areas and areas open to the sun in a aesthetically pleasing, pedestrian orientated environment. The pergola appears to be located approximately one foot from the property line of Centra( Avenue N.E. The proposed structure is to be 7 feet 4 inches with 2 two by sixes placed on top. The pergola could be interpreted to be a fence which is defined as "any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure of a permanent nature" in Section 6.401 (2) of the Zoning Ordinance. Those over six and one half feet require a special fence permit to be approved by the Planning and Zoning Commission and City Council. Another interpretation could be to consider the pergola and canopy as separate accessory structures and as such, the fence restrictions would not apply. As such, Mr. Anderson stated PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 6, 2000 Page 12 that it must be located at least one foot from the property line and must be attached to the existing building or cannot be located within six feet of the principal structure. The third option is to consider the pergola as a "decorative land feature" which is a permitted accessory use in the CBD District. It is the Zoning Administrator's opinion the pergola and adjacent canopy both qualify for decorative land features for the Dairy Queen facility provided they are located entirely within the confines of the same parcel. Mr. Anderson reminded the Commission that in recommending a variance, it shall be found by reasons of narrowness, shallowness, or shape of the lot or whereby reason of location or water conditions the owner of such lot would have an undue hardship in using his lot in the manner customary and legally permissible within the rules of the Zoning District. Mr. Anderson informed the Commission that the Dairy Queen building is approximately 722 square feet., calculating required parking at one space for each 35 square feet of gross floor area. As a result, he stated that the Dairy Queen property is required to maintain approximately 2Q parking spaces. A lot to the east of the existing building has space for approximately 20 parking spaces. The City Comprehensive Plan designated this area for future commercial development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods. In addition, the plan promotes redevelopment of existing land in the City. It was Mr. Anderson's opinion that the proposal would not negatively impact any nearby residential areas and will provide an appropriate reuse of an existing restaurant facility adding that the proposal is consistent with the City Comprehensive Plan. However, Mr. Anderson felt approval of this request would establish an undesirable precedent for roof signs and projecting signs extending beyond 18 inches from the building or structure to which it is attached and recommended denial of the request. Attorney Hoeft stated that Mr. Anderson was correct in his direction to the Planning and Zoning Commission to deny the variance request due to the nature of the request, the size of the request, and the complete prohibition of the protruding sign adding that it would be incumbent upon the Planning and Zoning Commission to either recommend denial of the variance or send it on to the City Council with no recommendation as historic renovation and preservation are not addressed in the current Zoning Ordinance. However, it would be his recommendation to the City Council that they do have the authority to approve such a variance based upon the historical renovation and preservation of the building. It may be settino a precedent, but it was his opinion that the precedent would not be great as there may not be too many buildings where historic preservation and renovation could be utilized. He stated that this is the type of unique situation that a variance is designed to accommodate. Commissioner Shattuck stated that it was his opinion that a hardship did exist and the variance is warranted to due to the historic preservation and renovation of the building in order to keep the signaoe within the historic design for the era. He took the opportunity to compliment the owners of the Dairy Queen and Heights Theater for the work they have done at both sites. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE $, 2000 Page 13 Mr. Anderson stated that a separate motion addressing the site plan additions of the pergola and canopy would be necessary. Without a survey of the site, it was his estimate that the pergola and canopy extend approximately 1.5 feet over the south property line and both would be required to be minimized so as not to encroach onto the property of the Heights Theater unless the two properties could be combined into one property. Dave Holmgren addressed the situation stating that because the way his financing is structured he cannot combine the two properties. The reason for the canopy was to block out some of the hot afternoon sun for his patrons in that area. He stated that he was willing to do what was necessary to allow the project to go forward without any delay. Discussion was held regarding possible solutions to the encroachment situation in form of an easement or otherwise. Motion by Shattuck, seconded by Yehle to recommend to the City Council the approval of the variance request to allow a projecting rooftop sign at the Dairy Oueen in the CBD, Central Business District at 3059 Central Avenue N.E. as a hardship has been established with regard to the historic preservation of the building. Voice Vote: All Ayes. Motion carried. Motien by Yehle, seconded by Shattuck, to approve the site plan with the stipulation that any feature of the Heights Theater not encroach onto the Dairy Queen lot and any feature of the Dairy Queen not encroach onto the Heights Theater lot. Voice Vote: All Ayes. Motion carried. **THESE ITEMS TO APPEAR ON THE CITY COUNCIL AGENDA OF JUNE 12, 2000. Eo Public Hearing Site Plan/Variance Case #2000-061§ Heights Theater RE: 3951 Central Avenue N.E. Columbia Heights, Mn. Mr. Anderson presented the request for a variance and site plan approval to permit a projecting sign and roof sign at the Heights Theater at 3951 Central Avenue N.E. The applicant is proposing to install a projecting sign which is 3 feet 4 inches wide by approximately 18 feet 2 inches tall and affixed to the front facade of the Heights Theater building. The property has been operated as a theater for an extended period of time. He added that the surrounding property on the north, south, and west is zoned CBD, Central Business District and is used commercially while property to the east is an institutional church and there is a non-conforming single family structure to the west of the subject parcel. Mr. Anderson reminded the Commission that according to Section 9.105 (3) of the Zoning Ordinance," In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or whereby PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE §, 2000 Page 14 reason of exceptional topography, soil conditions, tree number or location of 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". He added that the Zoning Ordinance specifically states the prohibited signs as stated in Section 9.117A (4} (H) include any roof sign. Subsection (i) states "A projecting sign which extends more than 18 inches from the building or structure to which it is attached, other than canopy or marquee signs, or which is larger than three feet (3 ft) vertical height" are prohibited. Section 9.117A (9)(c)(i) of the Sign Ordinance for the Central Business District states "total sign area shall not exceed two (2) square feet for each front foot of building or structure. In addition, subsection (c)(ii) states "the maximum height of a sign, including its structures shall not exceed twenty (20) feet above the grade". The sign mounting detail has not been included with the plans that have been submitted to staff. However, because the.signs exceed the ordinance maximum height of twenty feet by 13.5 feet, Mr. Anderson stated that staff is recommending denial of the projecting facade and roof sign. In addition, staff has not been able to determine the precise location of the property line relative to the building front. However, he added that staff estimates that the property line is approximately five feet of the building facade. Therefore, the sign will clearly extend more than 18 inches from the building or structure to which it is attached and it exceeds the maximum of three feet in vertical height by 13 feet 2 inches. As a result of these significant encroachments, Mr. Anderson stated that staff is recommending denial as a hardship based on the specified criteria has not been established. The applicant has also requested to construct a canopy which would extend from the front facade of the building over the sidewalk. This canopy would be approximately 2 feet 3 inches high and extend 8 feet from the front of the building. A letter will be provided to the Commission at the meeting indicating to what extent the canopy violates the Uniform Building Code {UBC) and/or Zoning Ordinance requirements. Mr. Anderson stated that the City Comprehensive Plan designates this area for future commercial development. One goal of the land use and redevelopment plan is to improve the commercial viability of the Central Avenue corridor while protecting the nearby residential neighborhoods. In addition the plan promotes the rehabilitation of existing development in the City. He stated that the proposal will not negatively impact any nearby residential areas and will provide an appropriate aesthetic improvement to the commercial use, therefore it was his opinion that the proposal would be consistent with the City Comprehensive Plan. He added that there are also several general areas within the community image ,action plan that merit some comment. Two steps to improve the community image include an action step to 1) improve the image and identity of downtown; and 2) develop an sense of identity which distinguishes Columbia Heights from adjacent communities. In addition, it is stated to be important to improve the appearance of' Central Avenue. It was Mr. Anderson's opinion that the proposed improvements to the Heights Theater will promote each of those action steps by improving the overall image and aesthetic qualities of the subject parcel adding that, although not mentioned in the Comprehensive Plan, the focus on historic renovation makes the effort additionally important and attractive to improving the community image. Commissioner Yehle opened the public hearing. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE 8, 2000 Page 15 Dave Holmgren, co-owner of the Heights Theater, was present and stated that the Heights Theater has "become a destination point for people from all over the metropolitan area and is bringing a lot of people into the city. We need to create other destinations for these people, this is just an anchor point for what is to come in the next few years." He believes that downtown Columbia Heights is "making a turn" as all spaces are full. He added that the signage and appearance of his buildings will only enhance Central Avenue. The public hearing was closed as no one else was present to address this case. Motion by Yehle, seconded by Shattuck, to approve the site plan. Voice Vote: All Ayes. Motion carried. Motion by Shattuck, seconded by Hanson, to recommend to the City Council the approval of the variance to allow a 16 foot 2 inch by 2 foot 5 inch projecting sign based upon a hardship with regard to historic preservation of the building. Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE JUNE 12, 2000 CITY COUNCIL AGENDA. Staff reports: A. Mr. Anderson informed the Commission that on May 18, 2000 the Telecommunications Commission reveiwed the Telecommunications Towers/Antennae section of the draft Zoning Ordinance to provide comments to the Planning and Zoning Commission and City Council. He directed the Commission's attention to the minutes from that meeting stating their recommendations. The Telecommunications Commission recommended that a professional consultant conduct an analysis to insure the zoning regulations comply with applicable Federal and Public Utilities Commission {PUC) requirements and have requested that the Commission consider their recommendation and send it on to the City Council at the meeting of June 12, 2000. Attorney Hoeft stated that this would be in compliance with statutory requirements. Motion by Yehle, seconded by Shattuck, to request staff to authorize legal counsel currently under contract with the City to review and amend the Telecommunication Towers/Antennae Section of the draft Zoning Ordinance to provide guidance for regulating existing and proposed towers, antennae, dishes, etc. in compliance with all state and federal regulations and that all related expenses be re-imbursed from proper funds. Voice Vote: All Ayes. Motion carried. Motion by Yehle, seconded by Hanson, to recommend the City Council extend the moratorium on commercial installation of towers, antennae, and dishes for 60 days from July 10, 2000 through and including September 7, 2000. Voice Vote: All Ayes. Motion carried. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JUNE §, 2000 Page 18 B. Mr. Anderson informed the Commissioners that it would be necessary to change the date of the July meeting because July 4, 2000 was the first Tuesday of the month. Discussion was held regarding a date when the most Commissioners could be present. Marion by Yehle, seconded by Hanson, to schedule the July Planning and Zoning Commission meeting on Tuesday, July 11, 2000. Voice Vote: All Ayes. Motion carried. Motion by Hanson, seconded by Yehle, to adjourn the meeting at 9:10 p.m. Voice Vote: All Ayes. Motion carried. Respectfully submitted, Kathryn Pepin Secretary to the Planning and Zoning Commission kp COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES OF MAY 16, 2000 CALL TO ORDER- The Regular meeting of the Columbia Heights Economic Development Authority (EDA) was called to order by President Ruettimarm at 6:30 p.m., Tuesday, May 16, 2000, in the Parkview Villa Community Room B, 965 40~ Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present- Commission Members Absent- Staff Present- Robert Ruettimann, Patricia Jindra, Julieune Wyckoff, Marlaine Szurek, John Hunter, Donald G. Jolly Gary L. Peterson Walt Fehst, Executive Director Kenneth R. Anderson, Deputy Executive Director Randy Schumacher, Community Development Assistant PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING :AGENDA. CONSENT AGENDA. A. Move to adopt the consent agenda items as listed below. 1) Approval of Minutes- regular meeting of April 18, 2000. - special meeting of April 11, 2000. MOTION by Pat Jindra, seconded by John Hunter, to adopt the Special Meeting minutes of April 11, 2000 and Regular Meeting minutes of Apffi 18, 2000 as presented in writing. All Ayes. MOTION CARRIED. 2) Financial Report and Payment of Bills. a. Financial Statement for April, 2000 b. Payment of Bills for April, 2000 MOTION by Pat Jinclra, seconded by Marlaine Szurek, to approve Resolution 2000-06, Resolution of the Columbia Heights Economic Development Authority (EDA) approving the f'mancial statement for April, 2000 and approving payment of bills for the month of April, 2000. All Ayes. MOTION CARRIED. 3) Approve Payment to Miilar Elevator Service Company. Mr. Anderson reported that Millar Elevator Service Company has been working on the elevator system at Parkview Villa over the past few months. They have submitted their first Pay Application #1 last month for approval. They are submitting their second application for payment in the total amount of $74,848.00 for costs incurred in purchasing and installing fLxtures, hoist motors, subcontract work, door equipment, crane rental, labor for elevator #2, and the total cost for change order #1which was for installing a new motor. Ted Smith, President of the Elevator Advisory Group, has reviewed the Pay Application and is recommending payment in the total amount of $74,848.00. He also noted that we are retaining 10°,4 of the payment until- all work has been completed. In discussion, President Ruettimann asked if staff knew when the project is to be completed? Mr. Anderson replied that they are projecting a mid-October completion date for the project. MOTION by John Hunter, seconded by Don G. Jolly, to accept the work for Pay Application #2 and to authorize payment of $74,848.00 to Millar Elevator Service Company of Cleveland, Ohio. All ayes. MOTION CARRIED. REPORT OF THE MANAGEMENT COMPANY. A. Michelle Chalin, Parkview Villa Public Housing Administrator. Ms. Chalin reported the Elevator Modernization project is moving along as scheduled and that the residents are reporting that they haven't seen any problems with their workmanship. The Annual unit inspections for the North building occured on April 17t~ and 18~. Ten units failed the inspections and will be re-inspected at a later date. Inspections for the South units are scheduled for May 23, 2000. Unit #2 in the four-plex is still vacant. She has advertised in the Focus Economic Development Authority Minutes May 16, 2000 Page 2 and Northeaster newspapers to solicit applications for eligible persons interested in renting a unit at 4607 Tyler St. NE. She has received several phone calls inquiring about the opening and applications are being mailed out as appropriate. Ms. Chalin wanted it noted that she is including the Parkview Villa Calendar with her reports for informational purposes. She introduced Anita Kottsick, as Acting Public Housing Administrator effective April 24, 2000, for Parkview Villa. Michelle Chalin has been temporarily assigned as Director at the Crest View nursing home. Nan Mc Kay, a computer software company which has been discussing alternative management programn with staff, has quoted $20,000 for a client service product. However, it does not include the updates that Parkview Villa needs at this time. She also stated that this program isn't being sold yet because of a bug in the system. Randy Schumacher will meet with her to discuss the EDA's options in regards to this matter. CITIZEN FORUM TO ADDRESS EDA ON MATTERS NOT ON AGENDA. Donna Harems, Apt 101, representing the residents of Parkview Villa, said that in the previous years before the Crest View Management Contract expired, the residents were all given a survey to complete listing any concerns about the management company. She said a group of residents would then get together to review the surveys and document the concerns of all residents and bring them to management. This was not done this year and they were concerned why. President Ruettimann said that his understanding Was that we agreed last month to hold a meeting between Pat Jindra, Marlalne Szurek, and the residents of Parkview Villa and bring those concerns to this meeting for discussion. Ms. Harems responded that she wasn't sure if anyone had met with Pat Jindra or not. Pat Jindra reported that she did meet with some residents and would give that report a little later in the meeting. Ms. Hamrus also stated that the day after the EDA meeting they received a letter that they were going to get a temporary Housing Administrator to mn the Parkview Villa location. The residents would have like to have heard about this in a more proper way, at a residents meeting or in the lunchroom, etc. In addition, Ms. Hamms stated that Rueben and Pat, the part time maintenance workers, have too much to do. They get behind in their work and if they work extra hours they have to take time off to accomodate for the no overtime issue. Don Jolly asked if she had brought this up to the Crest View Management Company. She responded that they had not. Ms. Hamms explained that particular problems have been brought to management and it still seems that things don't get taken care of. President Ruettimann stated that he understood what they were saying and he wondered if they felt that the management should hire some more help to cover the maintenance needs of Parkview Villa. All residents present were in agreement to this suggestion. Renie Suika, Apt 104, stated that they have brought up things to Michelle at times and she has written these things down, but it seems that Jn the afternoon there is no one there to address questions or problems. Don Jolly stressed that they need to bring these things to management and then to the EDA Board. Michelle Chalin reported that any repair work orders for the Maintenance deparlraent are recorded in a book and Bill ia maintenance does respond as quickly as possible. Sometimes there are parts that need to be ordered that may cause some delays, but that is standard procedure. Many other residents voiced their questions and comments about the management at Parkview Villa. Dorothy Fehler, Apt. 317 stated that the cost for is $125. She wondered where does the money go to. Ruth couldn't get her apartment painted, so she finally moved to a different floor to get an apartment with fresh paint. She said that people come into the building and also complain how dark and dirty the building is. Bill does not have time to do all of this work. He puts in 14 hours per day to get work done. When the building was first built, everything was new, clean and nice. Now everything is dirty and it seems that no one is taking care of the maintenance of the building. Pat Baker, Apt. 206, one of the Caretakers, reported that they do have more work to do, but they do also have a lot of careless residents at Parkview Villa. They have lost communication with the management. Many residents do not even come to the Residents Council meetings to see what needs to be done to keep up the building and what their responsibili- ties may be. Mr. and Mrs. Baker feel that some of the residents should be helping out. President Ruettimann expressed his thanks to Pat Baker for her honesty. He explained that the EDA hired Crest View Management to maintain the building and do certain things to keep up the building. At first, when the building was new, it was easy to maintain, but when buildings get older, things will fall apart and the only way that the EDA will know if these things aren't getting taken care of is if the residents tell management. First, the residents need to take these matters Economic Development Authority Minutes May 16, 2000 Page 3 to the management company. Dorothy Schafer, Apt. 418, asked if the new residents are informed of the roles of the building. Ms. Chalin stated that all new residents are given a new resident packet at the time that they move in. Dorothy also asked why the party room is locked at night? Pat Baker responded that they are responsible for locking the doors in the party room by 8 p.m. due to damage that was sustained in the party room one year. President Ruettimann responded that maybe residents could take tums watching the room and locking it up at night. Don~na Hamms suggested that the people that wanted the party room open at night should be in charge of keeping the room in good condition. Ruettimann explained that this is something that they should bring up at the resident meeting and possibly the Residents Council should regulate the use of the key and the room. Mrs. $ohnson, President of the Residents Council, stated that there is a Welcoming Committee for Parkview Villa to help show new residents around the building, make them feel welcome and help explain any questions that they may have about the handbook, policies, building maintenance, etc. Shirley Barnes, Crest View Co~oration, stated that they cannot charge a damage deposit for Parkview Villa Community Room B. She also stated that she could not allow the maintenance people to work overtime. The Labor Law prohibits them from not paying overtime to the Bakers. This law states that any non-exempt employee shall be paid time and a half for overtime. There isn't enough funds available. Ms. Chalin stated that the carpets have been cleaned two times since she started. The Resident Council meeting is held once a month and it is an option for residents to come to the meeting. As far as turn overs in the building, there is a great amount of turnover. It costs at least two times the $125 relocation fee to paint and clean each unit. President Ruettimann asked that Ms. Chalin present to the Board what we currently pay for the painter and the cleaning people. The Board should take a look at the cost of painting and cleaning units. A lot of the residents are moving to another unit to get a clean apartment. Mr. Ruettimann asked that Crest View get some bids from a couple of companies for cleaning so that we can budget these fees on a yearly basis. Pat Jindra met with residents and found the following concerns: 1) Anita's hours in the office were not posted and in the contract it states that there should be onsite personnel available. 2) The service that is suppose to treat for pest control in the building have not been doing their job. Mr. Anderson reported that'Adam's Pest Control was contracted to do the Pest Control in the building and Tm Green Chem Lawn Service has been contracted to do the lawn service. He said these companies need to be followed up on to see that they do the work. 3) One of the door locks was not locking after the Fire or Police Department had used the master key to get into the btiilding. Pat Jindra had a few other issues that she will talk to Shirley Barnes of Crest View Management about at another time. In discussion, a resident was told from the Police Department that they have to keep the door unlocked until they had handled the problem such as an emergency medical response. Pat Baker, caretaker had a similar experience and felt that the local Police and Fire Dept. should be advised that the doors must be locked after each use. Ms. Chalin stated that there is an emergency key in a box to open the door in an emergency for the Police or Fire dept. to use. They then mm off the alarm service. Ruettimann explained that the Police or Fire Dept. need access to the building as well as the ambulance service, so doors need to be unlocked until the problem is solved. Mr. Anderson reported on the status for the security system at Parkview Villa. Trans Alarm has been working with City employees to get the quotes necessary for the building. At this point the security system vendor is in the process of replacing all of the security systems for all City buildings. So it may take more time to get the necessary quotes for Parkview Villa. President Ruettimann asked again that the residents get together and make up a list or lists of the problems that need to be addressed. Then these issues could be presented at a future meeting. This committee will consist of Pat $indra, Marlaine Szurek, Parkview Villa residents and Crest View Management onsite staff (Michelle Chalin or Anita Kottsick). Marlaine Szurek expressed that the meetings should include the Police Department and Fire Department. She felt that this is something that has never been done in the past and is a necessary function in order to open the communication blocks that occur between residents, management and the EDA Board members. President Ruettimann also suggested that this be done in three month intervals throughout the year. The residents agreed that this would be a great idea and Economic Development Authority Minutes May 16, 2000 Page 4 the date will be determined for August and November that will be compatible for as many of the EDA Board members and residents of Parkview Villa as possible. Mr. Walt Fehst reiterated President Ruettimana thoughtS concerning the maintenance of the building. The function of the EDA is NOT TO RUN Parkview Villa. He sai.'d we pay Crest View Management for this service. However, all of the things mentioned are legitimate concerns of the Park'view Villa residents and should be put into writing and given to the Resident Council. RECOGNITION~ PROCLAMATIONS~ PRESENTATIONS~ GUESTS - None. PUBLIC HEARINGS - None. ITEMS FOR CONSIDERATION. A. Other Resolutions - None. B. Bid Considerations - None. C. Other Business. : 1) Crest View ~anagement Contract. Mr. Anderson explained that we have an agreement with Crest View Management to manage the Parkview Villa North, South, and 4607 Tyler Street locations. He passed out a letter from Ms. Barnes that was not included in the packet. This letter had the new rates for the Management Contract. In June of 1997 the EDA entered into an agreement with the Crest View Management Company for management services for Parkview Villa and the 4607 Tyler Street buildings. HUD informed us that the EDA could enter into a two year agreement with three one year renewable options. Last year the EDA entered into the first one year option. So this will be the second of the three renewable options. Before entering into that option the EDA asked Crest View to submit in writing what changes they were proposing. In the letter from Ms. Barnes is listed the new rates for management of Parkview Villa North, Parkview Villa South, and the 4607 Tyler Street locations. Thc new amount would be $144,956. Another issue to consider is the fact that some of the staffnceds to perform overtime in order to get certain projects done. In the Crest View letter, an additional $7,207 is proposed to bc used for overtime when and if overtime is necessary in the course oft. he next year. This agreement would run from June 1, 2000 through June 1, 2001. In discussion, President Ruettimann questioned what kind of overtirae arc we talking about. Mr. Anderson explained that the overtime w~uld be only used for necessary work not on a regular basis. Ruettimarm's understanding is that this will be used for emergencies like if bill the maintenance man is out sick for a week, the elevator is broke down, or for example management did not get to cleaning an aparmaent because they had a breakdown in the water system somewhere else in the building. He also explained that even though we may approve this agreement, HUD may come back and say that these standards are not competitive or too high so they may change the agreement. Motion by Marlaine Szurek, seconded by Julienne Wyckoff, to approve the one year extension of the Management and Maintenance Services Agreement to June of 2001 with Crest View Corporation, based on their proposal dated May 1 I, 2000; and furthermore, to authorize the President and Executive Director to enter into an Agreement for the same with the exception of adding the amended letter of wages for overtime from Shirley Barnes. All Ayes. MOTION CARRIED. 2) Transition Block Redevelopment Project. Mr. Anderson reported that Mike Zalk, legal council for Real Estate Equities and Crest View Management, have been reviewing the Preliminary Agreement that was prepared by EDA legal council. There was a couple of amendments to the agreement that they are looking at. Mike Zalk is preparing a draft PUD agreement to be reviewed and approved by the Planning and Zoning Commission and the City Council. The EDA received a cooperative agreement for development on the NEI site as well as one for the MHOP units. The EDA attorney has suggested that nothing be adopted or approved until the EDA is ready to approve the Preliminary Development Agreement. For the most pan, the financial analysis has been completed. The developers may like to have a special meeting with the EDA members before June 204. Shirley Barnes would like to encourage the EDA Board to take a look at this soon. She stated that the interest rates have Economic Development Authority Minutes May 16, 2000 Page S gone up and will be going up again. Ken Anderson will get a date to meet when necessary and contact the EDA members on the exact date for the meeting. 3) Section 8 Report. Mr. Anderson reported that he has contacted an individual that has recently retired from the Metropolitan Council HRA to fry and help get our Section 8 Program moved to the Metropolitan HRA. He said that he would be meeting with this individual tomorrow. He will keep the Board inforraed. ADMINISTRATIVE REPORTS. A. Report of the Executive Director - NONE. B. Report of the Deputy Executive Director. Mr. Anderson reported that the Budget packets have to be into the Finance Department by June 19 so he has requested that stafftum in their individual information for the Budget by June 12~. The Budget will be on our July agenda for preliminary approval. The Budget will need final approval in August. President Ruettimann expressed that we should try to schedule this meeting with the meeting of the Transition Block Redevelopment Agreement. C. Committee/Other Reports. Randy Schumacher informed the EDA members that Channel 16 will be carrying an interview with Habitat for Humanity at 11:30 a.m. on 5-17-2000. The Board had asked that this be done to help educate the citizens of Columbia Heights about the benefits of this program and informing them on the process of becoming eligible. MEETINGS The next Regular EDA meeting is scheduled for 6:30 p.m., Tuesday, June 20, 2000 in Community Room B at Parkview Villa. MOTION by Julienne Wyckoff, seconded by Pat Jindra, to adjourn the meeting at 8:10 p.m. All ayes. MOTION CARRIED. Respectfully submitted, Cheryl Bakken. Recording Secretary H:\EDA agenda\$-16-2000