HomeMy WebLinkAboutSeptember 11, 2000 RegularCITY OF COLUMBIA HEIGHTS
ADMINISTRATION
September 8, 2000
Mayor
Gary L. Peterson
Councilmembers
John Hunter
DonaM G. Jolly
Marlaine Szurek
Julienne Wyckoff
City Manager
Walter R. Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on
Monday, September 11, 2000 in the City Council Chambers, City Hall, 590 40th Avenue N.E.,
Columbia Heights, Minnesota.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment
in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to
participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon
request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 706-3611, to make arrangements.
(TDD/706-3692 for deaf or hearing impaired only)
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda. These
may be items brought to the attention of the Council under the Citizen Fortun or items submitted after the
agenda preparation deadline.)
CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the Consent
Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of
business.)
MOTION: Move to approve Consent Agenda items as follows:
1 ) Minutes for Approval
MOTION: Move to approve the minutes of the August 28, 2000, Regular Council Meeting
as presented.
2)
Approve transfer of Funds to Repay Overtime Fund
MOTION: Move to transfer $3,016, the total amount received from Northeast State Bank,
Columbia Heights Independent School District # 13, and the Unique Thrift Store for off-
duty security worked, from the General Fund to the Police Department 2000 budget under
line #1020, police overtime.
3)
Authorize Sale, Salvage, or Disposal of Surplus City Vehicles
MOTION: Move to authorize the sale, salvage, or disposal of the attached listing of
surplus City vehicles at the Hennepin County auction to be held on September 16, 2000.
4)
Accept donation of vehicle to the Fire Department
MOTION: Move to accept the donation of a junk vehicle from Ed Carlson for training use.
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
September 11, 2000
Page2
5)
6)
7)
8)
9)
10)
ll)
Accept donation of funds to assist in construction of a "Welcome" monument
RECOMMENDED MOTION: Move to accept the donation from the Chamber of
Commerce Transition Committee toward an entrance sign into the City of Columbia
Heights, and the commitment to incorporate a suitable business salutation.
Adopt Resolution No. 2000-58. being a resolution opposing the concept of allowing
further proliferation of Liquor sales from dispensaries other than duly authorized off-sale
liquor stores
MOTION: Move to waive the reading of Resolution No. 2000-58, there being ample
copies available to the public.
MOTION: Move to adopt Resolution 2000-58 being a resolution opposing the concept of
allowing further proliferation of liquor sales from dispensaries other than duly authorized
off-sale liquor stores.
Authorize agreement to pave rear Murzyn Hall parking lot and driveway out to Mill Street
MOTION: Move to authorize Mayor and City Manager to enter into an agreement with
ACI Asphalt Contractors, Inc. and to award the bid for paving of Murzyn Hall rear parking
lot and driveway on the west side of the building for the total amount of$41,115, with
funds being appropriated from the Murzyn Hall and Recreation budget.
Acceptance of NSP Street Lighting Proposal for Mill Street
MOTION: Move to accept the proposal from NSP for total system takeover of the Mill
Street lighting system at an estimated cost of $9,800, with funding appropriated from 101-
43160-4000.
Acceptance of Proposal for Property Acquisition and Relocation Services as recommended
in the 1999 Storm Water Study
MOTION: Move to accept proposal from Wilson Development Services in the amount of
$4,800; and, authorize the Mayor and City Manager to enter into a contract for the same.
Project costs will be allocated to each address which has been assigned an individual
project number for tracking.
Authorize payment to US West for repair of damaged cable at 40th and Central Avenue
MOTION: Move to authorize payment to US West for repair of damaged cable at 40th
Avenue and Central in the amount of $4,182.06, with funding appropriated from Fund
#601-49430-4000.
Final payment for Sullivan Lake Sanitary Sewer Improvement Project No. 9722
MOTION: Move to accept the work for Sullivan Lake Sanitary Sewer Improvement
Project(Project No. 9722); and, authorize final payment of $4,507.11 to Penn Contracting
Inc.
Approve Agreement No. 80793M with Mn/DOT for intemally lit traffic control signals on
TH 47
MOTION: Move to waive Resolution No. 2000-65, there being ample copies available to
the public.
City Council Agenda
September 11, 2000
Page3
14)
i5)
MOTION: Move to approve Resolution No. 2000-65, authorizing agreement No. 80793M
with Minnesota Department of Transportation for installation of internally lit signs at the
existing traffic control signals on Tnmk Highway 47; and, furthermore, to authorize the
Mayor and City Manager to enter into an agreement for the same.
Adopt Resolution 2000-62, being a resolution designating a change in the Zone 5
boundary of the street rehabilitation program to include Jackson Pond area.
Motion: Move to wave the reading of Resolution No. 2000-62, there being ample copies
available to the public.
Motion: Move to adopt Resolution No. 2000-62, approving a change in Zone 5 Street
Rehabilitation boundary to add the following area: Quincy Street to Central Avenue noah
of 41 st Avenue and to include fencing replacement at Jackson Pond in the Zone 5 Street
Rehabilitation Program.
Approve Variance Request for St. Timothy's Lutheran Church, 825 51st Ave NE.
MOTION: Move to recommend approval of case # 2000-0923 for a twenty (20) foot
variance request for a freestanding ground sign for St. Timothy's Lutheran Church at 825
51 st Avenue NE, as a hardship exists for placement of the proposed sign, and the proposal
is in keeping with the spirit and intent of the ordinance.
Approve Conditional Use Permit Case #2000-922, at 5101 University Avenue NE
MOTION: Move to recommend approval of case # 2000-0922 for a Conditional Use
Permit for Jeffery Bauer and 30 Minute Auto Service, 5101 University Avenue NE to
allow for auto repair and used vehicle sales to continue, subject to the following
conditions:
1. All required state and local codes, permits, licenses and inspections will be met and
in full compliance.
2. All screening requirements of the Zoning Ordinance for fencing and trash enclosure
shall be in compliance.
3. Used vehicle sales shall be limited to a maximum often (10) vehicles, and vehicle
signage must be displayed within vehicles at all times.
Approve Conditional Use Permit Case #2000-0925, at 5050 Central Avenue NE
MOTION: Move to recommend approval of case # 2000-0925 for a Conditional Use
Permit to allow for the operation of a Wendy's Restaurant at 5050 Central Avenue NE,
subject to the following conditions:
1. All required state and local codes, permits, licenses and inspections will be met and
in full compliance.
2. All proposed signage must be submitted on the City prescribed application form and
must fully comply with the Zoning Ordinance.
3. 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.
4. The cedar fence on the rear of the property shall be rebuilt or replaced to maintain
separation from residential properties to buffer from noise and maintain aesthetics.
City Council Agenda
September 11, 2000
Page4
17)
Adopt Resolution 2000-61, being a resolution adopting the 2001 Business License Fee
Schedule as presented
MOTION: Move to waive the reading of Resolution No. 2000-61, there being ample
copies available to the public.
MOTION: Move to approve Resolution 2000-61, being a resolution adopting the 2001
Business License Fee Schedule as presented.
is)
Establish Heating Dates Re: License Revocation or Suspension of Rental Properties at
MOTION: Move to Establish a Heating Date of September 25, 2000 for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia Heights
against Christopher Decker at 218-220 40th Avenue NE.
19)
Approve License Applications
MOTION: Move to approve the items as listed on the business license agenda for
September 11, 2000.
20)
Payment of Bills
MOTION: Move to pay the bills as listed out of proper funds.
PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS
A. Proclamations
B. Presentations
C,
Introduction of New Employees
1. Michelle Steichen, Police Department Crime Analyst
2. Paula Haynus, Part Time Recreation Clerk
D. Recognition
PUBLIC HEARINGS
A. Public Hearing Regarding the Revocation or Suspension of the Rental License held by Michael
Johnson at 4919-4921 Jackson Street NE.
MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the
Rental License Held by Michael Johnson Regarding Rental Property at 4919-4921 Jackson Street
in that the Property is in Compliance with the Housing Maintenance Code.
B,
Public Hearing Regarding the Revocation or Suspension of the Rental License held by Myma
Bourcy at 1132 40~h Avenue NE
RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or
Suspension of the Rental License Held by Myma Bourcy Regarding Rental Property at 1132 40th
Avenue in that the Property is in Compliance with the Housing Maintenance Code.
First Reading of Ordinance No. 1419, Being an Ordinance Amending Ordinance 853, City Code
of 1977.
MOTION: Move to waive the reading of Ordinance No. 1419, there being ample copies available
for the public.
City Council Agenda
September 11, 2000
Page5
Do
7. ITEMS
A.
MOTION: Move to adopt Ordinance No. 1419, being an ordinance amending Ordinance # 853,
City Code of 1977, pertaining to the amendment of certain sections of the licensing requirements
of the city for September 25, 2000 at 7:00 p.m.
Request for setback variance for 3711 Van Buren Street NE
MOTION: Move to approve a five (5) foot setback variance request to construct a 24 foot by 26
foot detached garage facing the alley at 3711 Van Buren Street NE due to topographic hardship,
and the proposal is in keeping with the spirit and intent of the ordinance.
Request for height variance for 3711 Van Buren Street NE
MOTION: Move to deny a four (4) foot height variance request to construct a 24 foot by 26 foot
detached garage at 3711 Van Buren Street NE due to lack of hardship, as the owners could build a
garage to meet the requirements.
FOR CONSIDERATION
Other Ordinances and Resolutions
1. Adopt Resolution No. 2000-62. being a resolution adopting a proposed budget, setting the
City, EDA. and HRA proposed local levy, and establishing a budget hearing date for
property taxes payable in 2001
MOTION: Move to waive the reading of Resolution No. 2000-62, there being ample
copies available to the public.
MOTION: Move to adopt Resolution 2000-62 being a resolution adopting a proposed
budget, setting the City, HRA and EDA proposed local levy, and establishing a budget
hearing date for property taxes payable in 2001 with the total HRA levy set at $94,752, the
City, Library and EDA levy set at $3,625,552, and the Truth in Taxation hearing date of
December 4, 2000 at 7:00 p.m. in the City Council Chambers.
MOTION: Move to schedule the budget review meeting with the Library Board and the
City Council for Tuesday, October 3rd, at 7:00 p.m. in the Library Board room, and
schedule the City Council budget review meeting with the Park and Recreation
Commission for Wednesday, October 25th, at 7:00 p.m. in the Gauvitte Room at Murzyn
Hall.
Bid Considerations
1. Resolution accepting bids and awarding the contract for MSC Concrete Floor Repairs and
Coating
MOTION: Move to waive the reading of Resolution 2000-64, there being ample copies available
to the public.
MOTION: Move to approve and adopt Resolution No. 2000-64 accepting bids and awarding the
MSC Concrete Floor Repairs and Coating to TMI Coatings, Inc. of St. Paul, Minnesota, in the
amount of $24,980.00 based upon their low qualified responsible bid; and, furthermore, to
authorize the Mayor and City Manager to enter into an agreement for the same.
2. Rejection of Bids for the Central Avenue Backlit Street Signs CP 1999-20
Motion: Move to wave the reading of Resolution No. 2000-63, there being ample copies
available to the public.
City Council Agenda
September 11, 2000
Page6
Motion: Move to consider Resolution No. 2000-63 for 2000 Improvement Program Project No.
1999-20 to reject the bid received and to add the project to the Central Avenue Street, Utility and
Streetscaping Project No. 9912.
C. Other Business
ADMINISTRATIVE REPORTS
A. Report of the City Manager
B. Report of the City Attorney
,
GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
1. Meeting of the September 5, 2000 Planning and Zoning Commission
10.
CITIZENS FORUM
(At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
The citizen is requested to limit their comments to five minutes. Please note, the public may address the
Council regarding specific agenda items at the time the item is being discussed.)
11. ADJOURNMENT
CORRECTIONS TO COUNCIL AGENDA - SEPTEMBER 11, 2000
C. First Reading of Ordinance #1419
MOTION: Move to waive the reading of Ordinance #1419, there being ample copies
available to the public.
MOTION: Move to schedule a second reading of Ordinance #1419, being an
ordinance amending Ordinance 853, city Code of 1977, pertaining to the
amendment of certain sections of the licensing requirements of the city for
September, 25, 2000 at 7:00 p.m.
Items for Consideration
1. Ordinances
1. Adopt Resolution No. 2000-60, being a resolution adopting a proposed
budget, setting the City, EDA, and HRA proposed local levy, and
establishing a budget hearing date for property taxes payable in 2001
(Should not be 2000-62)
MOTION: Move to waive the reading of Resolution No. 2000-60, there
being ample copies available to the public.
MOTION: Move to adopt Resolution 2000-60 being a resolution adopting
a proposed budget, setting the City, HRA and EDA proposed local levy,
and establishing a budget hearing date for property taxes payable in 2001
with the total HRA levy set at $94,752, the City, Library and EDA levy set
at $3,625,552, and the Truth in Taxation hearing date of December 4, 2000
at 7:00 p.m. in the City Council Chambers.
MOTION: Move to schedule the budget review meeting with the Library
Board and the City Council for Tuesday, October 3rd, at 7:00 p.m. in the
Library Board room, and schedule the City Council budget review meeting
with the Park and Recreation Commission for Wednesday, October 25th, at
7:00 p.m. in the Gauvitte Room at Murzyn Hall
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
AUGUST 28, 2000
CALL TO ORDER/ROLL CALL
The regular meeting of the City Council was called to order at 7:00 p.m. on Monday, August 28, 2000 in
the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota.
Present: Mayor Peterson, Councilmember Szurek, Councilmember Jolly, Councilmember Wyckoff,
Councilmember Hunter
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA
CONSENT AGENDA
A,
MOTION by Hunter, second by Szurek, to approve the Consent Agenda items as follows:
1 ) Minutes for Approval
MOTION: Move to approve the minutes of the August 14, 2000, Regular Council Meeting
as presented.
2)
Establish City Council Work Session dates for September 2000
MOTION: Move to establish Work Session meeting dates for Tuesday, September 5, 2000
at 5:30 p.m., and Monday, September 18, 2000, at 7:00 p.m.
3)
The City Council met in an executive session prior to tonight's City Council meeting to
discuss labor negotiations.
4)
Authorize Paving North half of rear Murzyn Hall Park Lot and Driveway out to Mill Street
MOTION: Move to authorize Mayor and City Manager to enter into an agreement with
ACI Asphalt Contractors, Inc. and to award the bid for paving the north half of Murzyn
Hall rear parking lot and driveway on west side of building for the total amount of
$17,200.
Walt Fehst, City Manager, suggested tabling this item for further consideration at a Council work session.
Staff felt Council might want to discuss paving the whole parking lot this year.
5)
Authorize Acceptance of Donations toward rebuilding the Police Shooting Range
MOTION: Move to accept $1,000 from each of the following organizations: VFW Post
#230, the Columbia Heights Boosters Organization, and the Tfi-City American Legion, to
be used to offset the cost of rebuilding the police shooting range.
Fehst stated the gun range is for training purposes, youth organizations, hunting organizations, etc.
City Council Minutes
August 28, 2000
Page 2
6)
Adopt Resolution 2000-59. authorizing preparation of specifications and bids for razing
4358 NE 3rd Street. 3855 Main Street. 828 NE 40th Avenue. 3944 Lookout Place and 3950
Lookout Place
RESOLUTION NO. 2000-59
RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA HEIGHTS
REQUESTING ABATEMENT OF THE HAZARDOUS STRUCTURES LOCATED AT 828 N.E. 40TM
AVENUE, 3944 LOOKOUT PLACE, 3950 LOOKOUT PLACE, 3855 N.E. MAIN STREET, AND 4358
N.E. 3Rn STREET.
WHEREAS, there are hazardous substandard structures at 828 N.E. 40th Avenue,3944 Lookout Place, 3950
Lookout Place, 3855 N.E. Main Street, and 4358 N.E. 3rd Street, and
WHEREAS, Minnesota Statute 463.15 to 463.26 authorizes municipalities to address hazardous and substandard
structures and properties, and
WHEREAS, the City of Columbia Heights finds this property to be hazardous based on the following code
violations as contained in the Findings of Fact:
FINDINGS OF FACT
Dangerous Building Definitions Chapter 3 of the 1994 Uniform Code for the Abatement of Dangerous Buildings:
302(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the
purpose for which it is being used.
302(11 ) Whenever the building or structure exclusive of the foundation, shows 33 percent or more damage or
deterioration of its supporting members, or 50 percent damage or deterioration of its non supporting members,
enclosing or outside walls or coverings.
302(12) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood or has
become so dilapidated or deteriorated as to become an attractive nuisance to children; a harbor for vagrants,
criminals or immoral persons; or as to enable persons to resort thereto for the purpose of committing immoral
acts.
302(17) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the
common law or in equity jurisprudence.
THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, the structures at 828 N.E. 40th
Avenue, 3944 Lookout Place, 3950 Lookout Place, 3855 N.E. Main Street, and 4358 N.E. 3rd Street are
substandard and seriously deteriorated, lack minimum standards for habitable space per 1998 MN State Building
Code and 1994 Uniform Code for the Abatement of Dangerous Buildings, and the Building Official is
recommending the structures be abated by razing the structures, authorize staff to prepare demolition
specifications, and solicit bids for the projects.
Conclusions of Council
That all relevant parties have been duly notified of this action.
City Council Minutes
August 28, 2000
Page 3
That the structures on the properties at 828 N.E. 40th Avenue, 3944 Lookout Place, 3950 Lookout Place, 3855
N.E. Main Street, and 4358 N.E. 3rd Street are hazardous and in violation of many local, state and national code
requirements.
That the structures cannot be rehabilitated to bring them into compliance with local, state and national code
requirements.
Order of Council
1. The structures, located at 828 N.E. 40th, 3944 Lookout Place, 3950 Lookout Place, 3855 N.E. Main Street,
and 4358 N.E. 3rd Street in Columbia Heights, Minnesota, are hazardous buildings pursuant to Minn. Stat.
463.152, 463.616.
Pursuant to the foregoing findings and in accordance with Minnesota Statutes, the City Council authorize
staff to prepare demolition specifications for the projects.
3. Pursuant to the foregoing findings the City Council Authorizes staff to solicit bids for the projects.
Passed this 28th day of August, 2000.
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patty Muscovitz, Deputy City Clerk
MOTION: Move to adopt Resolution 2000-59, authorizing staff to prepare specifications
and bids for razing 4358 NE 3~d Street, 3855 Main Street, 828 NE 40th Avenue, 3944
Lookout Place and 3950 Lookout Place.
Fehst suggested placing a sign at these locations indicating that the City Council and Community
Development department is involved with the happenings at this site.
7)
Authorization to Sell. Salvage. or Dispose of City Property on September 9. 2000
MOTION: Move to authorize the sale, salvage, or disposal of surplus City property as
indicated on the attached listing of surplus property.
8)
Final Payment for Street Crack Sealing and Parking Lot Joint and Crack Sealing
MOTION: Move to accept the work for 2000 Street Crack Sealing and Parking Lot Joint
and Crack Sealing, City Project 0001(A) and authorize final payment of $3,508.26 to
Noahwest Asphalt, Inc. of Goodridge, Minnesota.
9)
Approve expenditures for property maintenance at 4931 Jackson Street NE
MOTION: Move to authorize up to $17,933.28 plus tax for property maintenance, and
clean-up, and associated costs, at 4931 Jackson Street NE with funding from 415-50015-
4000.
City Council Minutes
August 28, 2000
Page 4
lo)
Establish Hearing Dates Re: License Revocation or Suspension of Rental Properties at
4919 Jackson Street NE and 1132 40th Avenue NE
MOTION: Move to Establish a Hearing Date of September 11, 2000 for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia Heights
against Michael Johnson at 4919-4921 Jackson Street NE.
MOTION: Move to Establish a Hearing Date of September 11, 2000 for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia Heights
against Myma Bourcy at 1132 40th Avenue NE.
11)
Approve License Applications
MOTION: Move to approve the items as listed on the business license agenda for August
28, 2000.
12)
Payment of Bills
MOTION: Move to pay the bills as listed out of proper funds.
Mel Collova, Building Official discussed the buildings to be razed and assessment of the costs.
Fehst indicated there will not be city vehicles on our auction, as we will contract with Hennepin County to sell
them at their auction. Police Chief Johnson indicated the property sold at our auction comes from all divisions in
the city, for example: items that were found and evidentiary property. Coilova stated that clean up work being
done at 4931 Jackson Street will be charged back to the owner.
Upon the vote: Szurek - aye, Jolly - aye, Wyckoff- aye, Hunter - aye, Peterson - aye. Motion carried.
5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS
A. Proclamations
B. Presentations
C. Introduction of New Employees
1. Gary Boham, Police Department Community Service Officer
Chief Johnson introduced our newest Community Service Officer, Gary Boham, who is a long time
Columbia Heights resident and volunteer in Police Department. Mr. Boham thanked the Council and
stated he was honored to be chosen.
D. Recognition
1. Jack Moore, Police and Fire Civil Service Commission
Mayor Peterson recognized Jack Moore for his time given to the Police and Fire Civil Service
Commission and stated he will be awarded a clock for his service. Peterson indicated that Jack Moore's
father will replace him for two months.
6. PUBLIC HEARINGS
Public Heating Regarding the Revocation or Suspension of the Rental License Held by James
Lupient regarding rental property at 3839 Hart Boulevard.
MOTION: Move to close the public heating regarding the revocation or suspension of the rental
City Council Minutes
August 28, 2000
Page 5
license held by James Lupient regarding rental property at 3839 Hart Boulevard in that the
property is in compliance with the Housing Maintenance Code.
Mayor Peterson closed the public hearing as the property is in compliance with the Housing Maintenance
Code.
2. Emergency Ordinance #1418. being an ordinance for a 90 day extension of the Moratorium on the
placement. construction. and modification of towers and wireless telecommunications facilities
within the City of Columbia Heights.
Ken Anderson, Community Development Director, indicated that Steve Guzzetta, of Creighton, Bradley
and Guzzetta, has prepared a draft Telecommunication Tower Siting Ordinance. This draft will now be
reviewed by staff and relevant commissions with an anticipated presentation to Council in October of
2000. As the previous moratorium ends September 7, a ninety-day extension was requested so staff may
follow the proper channels for approval.
EMERGENCY ORDINANCE 1418
BEING AN ORDINANCE OF THE COLUMBIA HEIGHTS CITY COUNCIL FOR A 90 DAY EXTENSION OF
THE MORATORIUM ON TltF~ PLACEMENT, CONSTRUCTION, AND MODIFICATION OF TOWERS AND
WIRELESS TELECOMMUNICATIONS FACILITIES WITHIN 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 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,
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.
Section 2:
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 90 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 September 7, 2000 through and including December 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.
City Council Minutes
August 28, 2000
Page 6
Section 3:
This Ordinance shall be in full force and effect from and after September 7, 2000 and extending through and including
December 7, 2000.
Offered by: Szurek
Seconded by: Jolly
Roll Call: All ayes
Mayor Gary L. Peterson
Patricia Muscovitz, Deputy City Clerk
MOTION by Szurek, seconded by Jolly, to waive the reading of Ordinance No. 1418, there being
ample copies available for the public. Upon the vote: Szurek - aye, Jolly - aye, Wyckoff- aye,
Hunter - aye, Peterson - aye. Motion carried.
MOTION by Szurek, seconded by Jolly, to approve Emergency Ordinance 1418, Being an
Emergency Ordinance of the Columbia Heights City Council for a 90 day extension of the
moratorium on the placement, construction, and modification of towers and wireless
telecommunications facilities within the City of Columbia Heights. Upon the vote: Szurek - aye,
Jolly - aye, Wyckoff- aye, Hunter ~ aye, Peterson - aye. Motion carried.
ITEMS
A.
B.
C.
FOR CONSIDERATION
Other Ordinances and Resolutions
Bid Considerations
Other Business
1. Approve Proposals for Professional Services for the Joint Community Task Force
Anderson stated the cities of Fridley and Columbia Heights, along with School District #13 have
combined to create a joint task force aimed to maximize opportunities created by the new Medtronic
facility. The Task Force determined the necessity to requestproposals for land use, market, and financial
consulting services, and the GIS dam analysis and mapping services. The Columbia Heights share of the
marketing firm costs wouM be $6,082 and $18,500 for the GIS services.
Peterson questioned the cost difference from the Council letter to the motion. Anderson explained the
amount should be $6,082.
MOTION by Wyckoff, second by Szurek, to award land use, market, and financial consulting
services for the joint community task force to the Hoisington Koegler Group, Inc., (HKGI), based
upon their qualified, responsible bid in the amount of $6,082.00, with funds to be appropriated
from fund 226, special project revenue, and furthermore, to authorize the Mayor and City
Manager to enter into an agreement for the same, which will be administered by the Fridley HRA.
Upon the vote: Szurek - aye, Jolly - aye, Wyckoff- aye, Hunter - aye, Peterson - aye. Motion
carried.
MOTION by Wyckoff, second by Szurek, to award the GIS Data Analysis and Mapping services
for the joint community task force to Demographic Technologies, Inc. (DTI), based upon their
City CouncilMinutes
August28,2000
Page 7
qualified, responsible bid in the amount of $18,050.00, with funds to be appropriated from fund
226, special project revenue, and furthermore, to authorize the Mayor and City Manager to enter
into an agreement for the same, which will be administered by the Fridley HRA. Upon the vote:
Szurek - aye, Jolly - aye, Wyckoff- aye, Hunter - aye, Peterson - aye. Motion carried.
ADMINISTRATIVE REPORTS
A. Report of the City Manager
1. Presentation of 2001 Summary Budget information.
Fehst, in reference to the 2001 Summary Budget hand out, indicated City Council review was necessary to
meet State requirements. This information will be presented to Council at a September l/Vork Session.
State law requires a Truth and Taxation Hearing which will be scheduled for December 4, 2000. Fehst
stated this presentation would acknowledge City Council acceptance of the report.
Fehst pointed out from the departmental activities green sheet, that 40 seniors enjoyed the annual
watermelon spitting contest. The winning distance was 26feet.
Fehst indicated that Street Rehabilitation in District 4 continues. There was some flooding in areas from
the recent three inches of rain which was received in a short amount of time. Fehst stated a car was
damaged in an area that was clearly marked prohibitingparking. The Municipal Service Center parking
lot has been re-paved. There was an electric fire at Wagamon Brothers Engines. Jolly questioned the
storm sewer project on Monroe Street. Fehst stated this project will be completed soon.
Report of the City Attomey
Nothing at this time.
C. Report of the Building Official
Mel Collova, Building Official indicated Wendy's Restaurant has proposed to move into the previous
Boston Market. A court order has been obtained to remove the structure at 4358 3rd Street. Collova
thanked all City personnel who assisted in the clean up of the property on Jackson Street. A number of
garage plans are being processed. A resident was removed from a condemned building on Main Street.
Collova will be issuing a citation to two driveway contractors. Hunter requested Coilova inspect a
collapsing sidewalk on 49th and Central. Co..ova stated the City will obtain five signs indicating City
involvement and place them at relative locations.
Szurek stated she is pleased with the gateway sign. Fehst acknowledged the Chamber of Commerce, now
joined with Southern Anoka County Chamber of Commerce, has made an offer to donate their remaining
funds (estimated at $8,-9, O00) for entrance signs into our City. The only stipulation is to acknowledge
local businesses on the sign. This sign was suggested for the North entrance into Columbia Heights. Fehst
suggested a get-together at the new entrance sign.
Fehst indicated the City of Minneapolis has offered to meet and share theirplans for improvements to
Central Avenue in their city.
Wyckoff stated that Planning and Zoning meetings will now be taped and televised. There are openings
on the Planning and Zoning, Human Services and Telecommunications Commissions. Election results
will be posted on cable and the City web site after 8p.m. on September 12th. There will be a benefit raffle
for Scott Solem, who was injured in a car crash.
City Council Minutes
August 28, 2000
Page 8
Peterson commented on the success of the Senior program trip to Gull Lake, and Chippewa Falls. Karen
Moeller, Sr. Citizens Coordinator does a wonderful job.
GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
1 ) Meeting of the July 18, 2000 Economic Development Authority
2) Meeting of the August 1, 2000 Public Library Board of Trustees
10.
CITIZENS FORUM
(At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
The citizen is requested to limit their comments to five minutes. Please note, the public may address the
Council regarding specific agenda items at the time the item is being discussed.)
Darlene Buboltz, 3 709 Polk, (former owner of a home on Lookout Place which the City purchased) stated
there was a mis-communication between the city and the title company, indicating she owes $1,900 for
assessments and interest on her new home. She does not want to pay the interest for the three years she
did not own the home. Fehst was not aware of this situation and asked for time to research it.
She also received a letter from the City giving her one month to ~x a retaining wall. Fehst stated staff will
work with her to extend the time limit into next spring. She requested help applying for a home
improvement loan, because she was refused an improvement loan on her prior home. She will need to ~ll
out an application for this current home, and get estimates from a contractor. Coltova stated her old
home was a non-conforming structure, where repairs exceeded 50% of value. A loan for her current home
should not be a problem.
11.
ADJOURNMENT
Mayor Peterson adjoumed the August 28, 2000 City Council meeting at 7:55 p.m.
Patricia Muscovitz, Deputy City Clerk
CITY COl/NC'IL LFFTER
of S p mber 200O
r ..... I1~ II ~ III II I ~ H I
A~ENDA SECT~N: Consent ORIGINATING DEPARTMENT CiTY M~AG ~E~
so. muc
m' ~ DAm: ~ 29t ~'[J
BACKGRO~:
Durin8 ~ past eislltmonths th~ Police Depm-tma~ has been involved in several off-du~ cmploymen~ details
~ t!~. ~tl~ Ik'pm'maent. Them details include 18 hours of security ~t Northeast State Bmk, 35.75 hours
ofmi~o~ll~ security work for the Columbia Heights School District, and 28 hours of security for Unique
Thrift Stor~ A ~ list is att~hed.
~ of off-duty ~maployment is handled through the ~ officers have signed up and worked
sifr~ the first of the year, and we have received checks fr°m Northeast State Bank, Columbia
~lent School Di~riot #13, and Unique Thrift Store in the amount of $3,106. According to the City
~cW, this money is considered revenue and had to be placed in the City General Fund.
ASALYS VSIOS
The Police ~t is requesting that the City Council pass a motion requiring the $3,106 received from
Northem~ _~m~ Columbia_ Heights Independent School District '#13,'and Unique Thrift Store to cover the
~ ofoff-~~ workin~ security at these lOCations be returned to the 2000 Police Department budget,
line #1020.TM
~:MOTION: Move to tramfcr $3,106, the total amountreceived from Northeast State Bank,
Columbia ~,ind~t School Dislrict #13, and Unique Thrift Stor~ for off-duty security worked, from
the ~~ to the Police Department 2000 budget uncl~ line #1020, police overtime.
TMJnuld
00-211
Alamlnnent
II
'1
Columbia Hel~hU PoliCe Department
~0.'
From:
Subject:
Date:
Chief Thomas M.
Cap~n Wi!liam $.
Outside Overtime Tabulaiion- January to July 2000
Augu~ 18, 2OOO
Below yo/l will fred a tabulation ofovertime worked for Outside soarces by Columbia Heights
officers f~m ~anuary 1 to luly 31, 2000.
Northeait Satte Bank
Date Hours Officer $ Amount
01/03/2000 6 Dietz
01/04/2000 6 Dietz
01/05/2000 6 Dietz $ 720.00
01/14/2000 3.5 Sturdevant $ 140.00
02/11/2000 2.75 Aish $ 110.00
03/06/2000 2 Aish $ 80.00
03/24/2000 3.5 Haviland $ 140.00
04/14/2000 3 Sturdevant $ 120.00
05/06/2000 5 D. Sorensen $ 200.00
06/02/2000 8 Markham $ 320.00
06/08/2000 8 Hulk¢ $ 156.00
07/I 1/2000 4 Bonesteel
07/1:5/2000 4 Sturdevant
07/18/2000 4 Aish
07/21/2000 4 Klosterman
07/22/2000 4 Fischer
07/25/2000 4 Nightingale
07/29/2000 4 Bonest~l $1,120.00
TOTAL $3,106.00
Valley ~ew school carnival
CHHS ~1 dance
CHHS hi~k~ball game
CHH ~hool dance
CHHS ~hool dance
CHHS Pt°m (Town Square)
CItHS ~or camp out
Unique Thr~
IllliJ 'Il I I I Ill ]~l IJl[ll I Il I'l "l
AGE'N'DA SEC~ON: Consent t.j. ~. -~ POLICE APPRO,¥3~Ii:
Each year the City has vehicles that are no longer needed in the fleet or have been replaced by other
vehicleS. AI~, since ~proximately 1998, the Police Departm~ has used State "driving while
intoxicate~'~" ~orfeilure statutes to seize some vehicles. With this in mind, the City has in the past
auctioned~the surplus vehicles and/or forfeiture vehicles at its City auction. In 1999, we experienced an
issue with~thi~ procedure and it was determined that we should look at alternative ways to dispose of
thcac vehicle.
ANALYSi~IJ'mON
For the yqr 2000 the Public Works Department and the Police Depart.re. ent met and discussed alternative
methods ~fdiSposing of these vehicles. We looked into the Hcnnepin County auction, which requires
that we halve a pertain at the auction to assist, and the City of Minneapolis auction, which charges 10 per
cent of th~ auction price and you must supply a person to assist. It is recommended by both divisions
that we try the Hennepin County auction for the following six vehicles for the year 2000:
1994} Ford 4-door Crown Victoria
199~_ Ford 4-door Crown Victoria
199~_' Ford 4-door Crown Victoria
1995 Ford LTD
19~ Chevy Capri~ (forfeiture car)
1988 Olds 811 (fOrfeiture car)
2FALP71W8RX182944
2FALP7 tWl TXt 28747
1FALPTlW3~128748
2FACP72G6LX151769
1G1Blq47I-ilFY195171
1G3HN54COJW392675
RFA2OM~ MOTION: Move to authorize the sate, salvage, or disposal of the attached listing
of surplu~ City vehicles at the Hennepin County auction to be held on September 16, 2000.
TMJ:mld'
00-212
crrr og
DATE:
TO:
AUGUST 22, 2000
FROM:
VEmCLES FOR AUCTION
with~you and Stevm Synowczymld. As , the fitl~ for ~,six of~
v~hica, lav~ ~ mined over to St,'ye. I would, like your wr/~m concun~ce stains that these
~cl~ hav~ ~ ~ed by the City Council to go to auafien and ~fying the cl~te that they were
au~h~ to g~o station by the City Council.
Thank you for y~ur attm~on to this matter.
1 ~ Ford' 4D C]{own Vi~oria
1996 Ford 4D ~wn Victoria
1996 For~ 4D C~_w~ Vi~toria
1990 Ford LTD,!
Ch vy
1~8 Olds
2FALP71W8RXt~
2FALP71W1TX125747
2FALP71W3TXI28748
2FACP72G6LXI51769
1GIBN47HI~195171
1G3HN~0.1W392675
Titles Received ~y ~ve Synowczynski
Meeting of: 9.-11-00
.~. L( APPROVAL
?
iTEM: ~tion of Vehiole to Fire DepOt BY: Charles ~mpson
NO: DATE: Au~...~28, 2000
The Fire ~has accepted the donation of a junk vehicle from Ed Carlson. The Fire Department ~H use
the vehicle ;.l:attposes at a department ~I1.
RBCOMME~ MOTION: Move to Accept the Donation ofalunk Vehicle from EdCarlzon for ~ use.
COLUMBIA ~IGHTS - CITY COUNC~. LETTER
Meeting of: September 11, 2000
AGENDA SEC'lION: OPdGINATING DEPARTMENT: CITY MANAGER'S
crrY MA AO 'S ....
~: Aec~t Donation fi'om Chamber of BY: Walt F,l~t
Commerce and Agree to Acknowledge the DATE: September 6, 2000 .
NO:
The Transi~onCommittee of Columbia Heights Chamber of Comm~'c,e h~ contl~tod me indicating
their desirolto donate their remaining financial reserves to the City of Columbia Heights.
The fimds ~re requested to be used for the construction of a welcome monument or entrance sign to our
City near ~rd Avenue and Central Avenue.
The commiitee desires for the monument to include such language as "The Chamber of Corn_ mewe
welcomes you" or "The business community welcomes you" or sonm other suitable busine~ salutation.
If the mon~t/enWance sign encounters delays or will not be consWacted before July of 2001, the
Transit/on Committee asks to discuss the use of these funds.
~OMMENDED MOTION: Move to accept the donation ~ the Chamber of Commewe
T~ CornmiU~ toward an entrance sign into file City of Cohlmbia Heights, and agree to
incorporate a suitable business salutation.
July 20, 2000
Walt Fehst
City of Columbia Heights
590-40~ Ave. NE
Columbia Heights, MN 55421
Dear Walt,
As you know the Columbia Heights Chamber of Commer~ dissolved and many
of its members have merged with the Southern Anoka County Chamber of
~nmr~. ~re remains in the old Chamber of Comm~ financial reserves
approximately $8-9,~.00. The Transition Committee u~nd$ that there
are currently plans in place to construct a welcome monument to the city near
53~ on Central Ave. The committee desires to give those dollars to the City of
Columbia Heights to assist in the constnJction of that monument.
- We would like to tum those dollars over to you at this ~ and have you hold the
money in a ~1 account until such time as you ~ construction.
- We would like the monument to include language that "The Chamber of
Commerce we~es you' or 'The business community welcomes you" or
- In the event that the monument encounters ~ificant i~ays or problems or is
never built we would ask that by July of 2001 we discuss again appropriate
use of the monies.
PI~ contact John Slama at NEI 782-7351 to discuss this proposal.
Transition Committee:
John Slama Shirley Bames
Deleras Strand Joe Schmidt
Jim Kordiak David Behlow
Rick Langa
$ir~erely,
Jim Kordiak
Tra~ Committee Member
CITY COUNCIL LETTER
tsouncn ~wecnn
AOENDA SECTION: CONSENT t.{./I. {_ ORIOINATINO DEPT: CITY MANAOER
NO:t, g, FINANCE .4. ~ r---~ APPROVAL.
ITEM: A RE~gOLUTION OPPOSING THE BY: WILLIA~ ELRITEDAT__~__
CONCEPT OF ALLOWING FURTHER DATE: 08/16/2000 .
PROLIFERATION OF LIQUOR SALES FROM
DISPENSAR~s OTHER THAN DULY
^trmomz OFF-SALE t. tqUOR STOreS
Over the years there have been several attempts by liquor wholesalers, grocery stores, service
stations, and other entities to have state statutes changed to permit these retail outlets the privilege
of selling strong beer and/or wine. It appears that there is now another push underway for the
authorization of these entities to sell wine and/or strong beer.
There am several concerns in relationship to this proliferation of liquor sales. First, several of these
entities are multi-functional retail operations that do not specialize in liquor sales. Subsequently,
the training provided to their clerks may not be as adequate as training to clerks of off-sale liquor
operations that only specialize in liquor sales. Second, most of these retail operations employ clerks
and/or managers who are under the age of 21. In these cases, the clerks/managers could not legally
purchase the merchandise themselves, but would be selling it to others. The third item of concern
is that s~l of these operations have hours well beyond the normal 10:00 p.m. closing time and
a majority of them are also open on Sunday. Also, a tremendous number of customers in these stores
are underage. The availability of liquor products in these stores becomes more tempting to these
underage customers for both the attempted purchase and/or shopliffing. These are but a few of the
high points for being opposed to the proliferation of liquor sales. In addition to the above, there are
the additional policing costs and the overall effects this could have on any community to consider.
Recommendation
At the ~seot time, both the League of Minnesota Cities and the Municipal Beverage Association
are promoting the adoption of a resolution opposing dispensing these items from stores other than
off-sale liquor stores.
RECOMMENDED MOTION: Move to waive reading of ResolUtion 2000-58 there being ample
copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2000-58 being a resolution opposing the
concept of allowing further proliferation of liquor sales from dispensaries other than duly authorized
off-sale liquor stores.
WE:sms
0008165COUNCIL
COUNCIL A~ION:
RESOLUTION NO. 2000-$8
A RESOLUTION OPPOSING THE CONCEPT OF ALLOWING FURTI~.R PROLIFERATION OF
LIQUOR SAI,F~S FROM DISPENSARI~ OTIIER TIIAN DULY AUTHOi~IZ~n
on -s^ X UQVoR Sro s
WHEREAS the sale of 3.2 beer by convenience store~, grocery stores, gas stations, and other associated
retail outlets for off premise consumption is currently allowed under Minnesota law, and
the check out clerks at the aforementioned types of retail outlets do not specialize in liquor
sales and they are not generally trained to recognize fake identification or in other alcohol
management techniques normally required for the employees of duly authorized off-sale
liquor d/spensades, and
there is a proposal before the Minnesota Legislature that, if adopted and made law, would
allow convenience stores, grocery stores, gas stations, and other similar retail outlets to sell
wine including sweet "pop" wines, wine coolers, and associated products for off premise
consumption, and
WHEREAS the City of Columbia Heights is endeavoring to curtail youth access to alcohol and tobacco
products, and
WHEREAS the proliferation of the types of outlets where the sale of alcohol provides additional
opportunities for youth to have access to alcohol, now, therefore, be it
RESOLVEDby the City Council of the City of Columbia Heights that they hereby oppose the concept of
allowing the further proliferation of liquor sales from dispensaries other than duly authorized
off-sale liquor stores.
Adopted this 11 ~ day of September 2000.
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patricia MusCOvitz, Deputy City Clerk
crrY COUNCm ~
Meeting of: September 11, 2000
AC__,E~A S~ON: Consent q' A '~ ORIOINAT]NO DEPT.: CITY MA.NAOER
...... , ,,~ fl~~ ' ~, . ,
~ ~ D~WAY ~ ~ ~ ~. DA~: ~ 1, 2~
BACKGROUI~:
The rear ~ lot behind Murzyn Hnll is in very poor condition. We have pntched the cracks and pot holes for mauy years. Ithns
now gotten to ~ point whe~ it ham ~,-n down into small ptoo~ whe~ ~hing jilst would not do any good.
In addition to tl~ cmckin~ there is aim a serious drainage problem in the winter time when the water freezes at the rear enU~ of
Murzyn HaH. ~s poses a definite safety concern for anyone ending tl~ building.
In th~ 2000 MWzy~ Hall ~ $14,000 was Idkalalzd for cra~ fillin~ a~! sealcolag~ of the r~tr parking lot. The original plan was
to r~plaoe the n~rth Imlf ofthe lot ~J th~ drive around th~ w~t end of J,P.M. for th~ ~ ~ $17,2~. Staff had then ~
$27,000 in thc :1001 bud~tto dothe remaining south half of the lot This $27,000 has since be~n cut fromthe 2001 bud~t.
The inili~ ~ of this project wm brought to the work session on Aught 7, 2000. At that time the Council Members felt we should
get a new bid f~m Classic Asphalt ~ 8ealcoating Company, Inc. since their quo~ was not r~lecting the same amount of work as
the other quote~. C~i_'c has submittal a new quote for the amount of $18,555. Staff found no contractors within the City of
Columbia Heights that do this type of work.
Sin~ this lot i$!llow b~xltld tile ~ of s{~lco~tillg ~ ~ tl~ recommelldation is to do the ~ntire lot this year for a total
cosi of $41,11i with fim~ being ~ from 2000 smpius fimds fknn ~ Nail and Recreation department b~. This
1. Metro ~ $17,775.00 $27,0~5 $44,820
2. Classic lMgha,R & Sealcooti~ Co., Inc. $18,555.00 S25,900 $44,455
3. ACI ~ Contraeto~ Inc. $17,200.00 $23,915 $41,1 I5
paving ~~ ~ rear~ lot and ~ on west side of~ for the total amount of $41,n5, with funds being
CoLwcm, ON ............ ,
G:WilesVMurzyu\Councilletters\CC-JPlVilotrepair
ropos l & ltirtm m ....... ' .................. ,
MNT CITY OF COLUBBIA HEIGHTS
TO: 5~ BILL STREET N.B.
COLUMBIA HEIGHTS
L' Md ss421
CUINT
%~:"
OAi'E
5 / 30/2000
HAR2TN HAI.T. PA~KTNC
I.(X:ATI~ COLIIMBTA H~T~H~g
J
UPBIR DEIVI & UPPIE PAIICING LOT:
* (APPR~X, 1.~31 OQ.'~Y'DS,)Off 3" HXLLING, RB~EA~TNG AND
A X/2 2331 plW DO~ SPEC BZ?UMZ#OUS EASE COURSE. I 1/2" 2341
~ DOT SPEC BITUHIBOUR UBAR COURSE.
* (APPROX. SE2 Sq. YDE,) OF PREPARATION, 2" 23&! RH DOT SPEC
BZTUMXHIOUE WEAR COURSE OVERLAY.
P~ICB: S17,775.O0
AL~ ElD: LOUBI PORTION OF PARKING LOT
~APPROX. 30 TONS)Off RRMoV~ AND REPLACE TYPE P~TCHTNC.
{APPROX. 5,203 Sq, YDS.) OP 2" 234! KN ~o? sPEC BT'I'II~TNOUS
iEAE COURSE OVERLAY.
· ' PRICE: $27.045.O0
UPOH CONPLrL*IOff,
(NO PERMITS INCLUDED TN BTD)
SUBMITTED TO:
Keith Windschitl
City of Columbia ~ights
530 Mill Street N.E.
Columbia MN 55421
I~usiness 763706-3732
Pa~er 61~648-5656
Fax 763706-3731
Proposal # 2000-1108 Job Site #
Job Contact
Site Description
Job Address
City, State Zip
Site Phone
Site Fax
887.0
Keith Windschitl
City of Columbia Heights
530 Mill Street N.E.
Columbia Heights
Thi~'~ is' for'~he upper drive and upper parking lot.
~This is a two day job, one day for removal ~md grading and one day to pave.
MN 55421
Job Type
WE ~EBY submit 4~ciflcattons and estimates for: De ~h Cost
~ "582 Sq. Y~. ~phalt Overlay, MN DoT Spec 2331-41
~ i53I Sqi Yds. ~cavate & Remove" 3"
31 ~31 sq~.Yils. Grading ....
4 ! i531 Sq. Y(~s, Asphalt NeTM Area '" 1.5"
3' 1531 Sq. Y(ts. ~halt ~erl?.~r~ MN DoT Spec 2331-41 1'.5"
6 250 Sq. Yds. Full Depth ~g ..... 1.5,,.........
.~ Total for Job .$17,200.00
Pioa~ refer t~ the next paEe for a det~dled description of each proposed specification.
lob ~tails and' ~dUiing Notes:
$165.00
David A. John~~m~'i5 ~ys ,
A~HO~ZED SIGNA~ DA~
M will ~ ex~ ~ly ~ o~r ~ owMu ~tat ~ aM ~l ~ u ezra ~e over aM a~ thh ~em. ~1 ~nts are
~ ~ ~ wM furnh~ ~Y ~r ~ mterhl f~ ~ i~m aM w~v~ tM ~ntr with t~iy ~ti~. ~ ~r Mtby waive:
~ u~r Mt~a.S~u~ 514.011. ~M ~ ~ ~y any ~1~ ie~ fees aM int~st for any. u~aM b~s wh~ will a~¢ at a
~ ~ guaunt~ ~a~t ~nt ~i~ ~m wflt~r cy~fl aM wat~ ~ due to la~ of cxistinB ~dc ~Mit~ Wt ~fl~t guarantee
~ ~ ~w a~hit wit~t ad~u~t s~. In fiat a~ water will not drain u~n thc~ is ~ than 1-1~" of h[I ~r 10 f~t.
Optional Total: $165.00
.... [Project Total ] $17'200.00
days of ?aUgUSt ~g, 2000.
City of Columbia Heights
530 Mill Street N.E.
Ck)l~a MN 55421
Business 76~-706-3732
Pager ~12-648-5656
Fax 763-706-3731
~nis proposal' is~or ll~"i~sver iot~
Job Site. # 887.0
Job Contact Keith Windschifl
Site Description City of Columbia Heights '
Job Address 530 Mill ,~xeet N,E.
City, State Zip Columbia Heights
Site Phone
Site Fax
MN 55421
]0~ T~
WE HERESY ~it ~ and ee~mates for: ~ ~ Cost
Total ~.lob - $2:3.915,00
refer t~_: .... t~ next Im~ for ii d~tail~d de~cription of each lmro~ specification.
Dctails and ~in8 ~:
Nete:PrOJectThisMnn~r:propsd Da~idmy beA'w'.thdnt~t e. re~~~~John -t o.r ~ect Total i ~t2~,9~_':~ !
ACCEPTED AU'IltORI~D SIGNATURE DATE
m:oqmd~. Atl malerijt ~ ~ io be as ~. .6dl woflt ls m be compleUd in a w~gte, mmi~t b t(x:oidam:e to si~_ .rd ~k)n pfadmcs.
f~u dlis l.~md or f~tn ~ will be exemed ody upo~ owner or owners qm oders and war
dN{~ Ilia cia{ma?,, ply ~ sralch lk)m llld ~ #le enei thereof and Ih~ Coniime~ ~c~, ~ 'ivRMId{~l. ~..f?? #~ ~ u~d ~~
4fai~a~ o~ a~aln.~ waicr tmmMin~ on new nSF~il wi~ko.l adequate slope. In [Iai nre~ w~ler wdl
CITY COUNCIL LETTER
Meeting of: 9/1U00
AGENDA 8i~CTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
ITEM: ACCEPTANCE OF NSP STREET LIGHTING BY: K. Hans
PROPOSAL FOR MILL STREET DATE: 9/Cd00
Min Strut sttlet ~ currently consists of 22 aluminum aconl style street lights. Power is provided through a circuit in
Murorn Hall ~nd each light has a photo cell for on-off initiation. The lights were installed in 1994 when Mill Street was
reconstructed.
Public Works t~taffhas provided maintenance of the sysmn since installation. A v~u-iety of problems have been encountered and
continue to occur, including: photo ceils not working properly, underground ~ wiring breaking, bulb failures and
As ~ ~Ind discussed in the 2000 budget objectives, Public Works has researched and received a proposal from NSP for
taking over th~ n~intenence of the Mill Street street lighting system. NSP would ~ the following system upgrades prior to
taking over tl~ syste~
Paint all poles and fixtures
Re-lamp, by-i~ss ~ controls, clean and test all fixtures
Add fuses to ail poles
Balence system load
Wire system to NSP and add Trinetics controls
Test and replace any sub-standard underground wiring
NSP crews w~uld ~otm all n~-ssary upgrades on a time and ~ basis with an estimated cost of $9,800. These lights
would lhen gO(on & group 5 tale (simj!~U to O~er street lights ~ the City). NSP would then provide perpetual
mainmlance, ~cluding scheduled relamp, lng and pole replacement in the event oflmock-down.
~ ~: Movz to accept the proposal from NSP for total system tzkeover of the Mill Street lighting system at an
e~ costOf $9,800, with funding appropriated from 101-43160-4000.
COUNCIL ~CTtON:
CITY COUNCIL LETTER
Meeting of: 9/] 1/00
ITEM: AOCEPTANCE OF PROPOSAL FOR PROPERTY BY: K. Hausen
ACQUISITION AND RELOCATION SERVICES AS DATE: 9/6/00
RECO~ED IN THE 1999 STORM WATER STUDY
An ex~nsive ~ study was undertaken in 1998 and completed in 1999 evaluating various locations throughout the City
with s~orm water problems. Thc largest study area, Jackson Pond, recommended the most feasible alternative for three separate
sites would be the acquisition, demo~tion, and site grading of three residential properties. A copy of that report is attached for
reference.
The properties identified in the report are located at:
· 4542 iWashington
· 4330:~~
· 1307 42na Avenue
Staffhas been in rzcent contact with the owners of 4542 and 1307 and they boih al~ear to be willing Sellers. It is thc intern of this
process for th~ sale of property to be performed by negotiation. Funding will be provided by the City's Storm Water Utility and
DNR Crnmt fi~uds, which have been awmrded.
Because of ~ DNR funding, certain procedures will be necessary for the acquisition and relocation (if any) costs. Therefore, staff
has received tWo quotes for acquisition and relocation services from firms experienced in this type of work. The two proposal are:
W~ D~ve~t Services:
Ever~re~ Land Services:
Act,.mi not to exceed $4,800
Range of $4,500 to $6,000, billed only for actual
Both rums have representative experience in this type of work and have excellent references.
R~:omm~ ~: Move to accept proposal from Wilson Dzve~ ~s in the Amount of $4,800; and, authorize
the Mayor ~City Manager to enter into a contract for the same. Project costs wil/be allocated to each address which has been
assigned N~individual project number for tracking.
COUNCIL ACTION:
· BonestrOORosene
dik &
AssOCiates
Engineers & Architects
Bonesrroo, Rosene, An~erlik ~nd Associates, Inc. is an Affirmative Action/Equal Opportunity Employer
Principals: Otto G. Bonestroo, RE. · Joseph C, Anderlik, RE. · Marvin L. $orvala, RE. ·
Richard E. Turner. RE, · Glenn R. Cook, RE. · Robert G. $c~Jnicht. P.E. · Jerry A. Bourdon, RE. ·
Robert W. Rosene, RE. and Susa~ M. Eberlin, CRA,, Senior Consultants
A~soclate Principals; Howard ^. Sanford, RE. · Keith
Richard W, Foster, RE. · David O. Loskota, P.E.
Michael T. Rautmar~, RE. · Ted K,Field, RE. · Kenneth R Anderson, RE. · Mark R. Rolfs, RE. ·
Si~ey R ~llllamson, RL LS. · Robert F. Kotsmith · Agnes M. Ring · Michael R Rau, RE. ·
Allan Rick Schmldt,
Offices: St. Paul, Rochester, ~'illmar and St. Cloud, MN · Milwaukee, ~VI
WeOsite: www. bonestroo.com
FEASIBILITY STUDY FOR STORMWATER IMPROVEMENTS
JACKSON POND SYSTEM
COLUMBIA HEIGHTS, MINNESOTA
BRAA FILE NO. 33207
This report presents the results of our stormwater improvements feasibility study for the
Jackson Pond system. As detailed in our scoping study report dated 11/25/97 the
Jackson Pond system included five specific flood prone areas. These areas are as
follows (see Figure 1):
1. Jackson Pond
4500 block of Washington Street NE
430~ block of Washington Street NE
130~7 42r~ Avenue NE
5. Tyler Place NE and 44th Avenue NE
In the s¢oping study we also had included the alley between 5th and 6th Streets NE. As
noted in that report, we did not feel that this isolated sanitary backflow warranted
analysis separate from a general study of the City's infiltration and inflow (I/I) problems.
Since Bonestroo Engineering is not proceeding with an !/! study at this time, this area
will not be covered in this feasibility report.
We have separated this report into five sections based on the five areas listed above.'
Each section begins with an introduction to the problem area followed in sequence by
the following sections: Analysis and Results, Alternatives, Cost Estimates, and
Recommended Alternative. A location map and report figures are included at the end of
this report.
Please note that elevations are in the City of Minneapolis datum, followed in parenthesis
by the USGS datum. The USGS datum is obtained from the Minneapolis datum by
adding 710.3 feet.
Another area not covered specifically within this report warrants discussion here. The
banks parking ramp between 40th Avenue NE and Gould Avenue NE, immediately east
of Central Avenue, has experienced chronic flooding. Our inspection of the site
2335 ~Vest Highway 36 · St. Paul, MN 55113 · 612-636-4600 · Fax: 612-636-1311
indicated that flow down the north gutter line of Gould Avenue NE enters the parking
ramp, rather than continuing down to Central Avenue. Field survey information
obtained by city staff indicates that drain rim elevations in the parking ramps' lowest
level are approximately 213.3' (923.6'). The normal water level (NWL) of Labelle Pond
is 213.0' (923.3'), which indicates that high water levels in Labelle Pond contribute to
flooding in the parking ramp. We recommend that the inflow from Gould Avenue NE be
eliminated. Once this is accomplished, and if flooding continues, then the bank would
have to consider additional measures such as pumping or raising the ramp floor.
1. Jackson Pond
1.1. Introduction
This area includes Jackson Pond itself and its immediate vicin?~y. More specifically,
this section concerns itself with the flooding that occurred at 43 Avenue NE and
Jackson Street NE, the operation of the Jackson Pond outlet, the potential for
stormwater backup into the sanitary sewer system, and the operation of the 60-inch
trunk line under 44th Avenue NE.
As noted in resident survey responses, flooding regularly occurs at the intersection
of Jackson Street NE and 43rd AvenUe NE. During the storms of July 1, 11, and 13,
1997, this was also the case. The larger of the storms, that of July 1, caused
flooding that reached the garage at 4256 Jackson Street NE. Our field survey
information puts this garage at an approximate elevation of 183.3' (893.6'). Across
the street from 4256 Jackson Street NE lies a concrete spillway constructed to
convey storm water from the intersection into Jackson Pond. The spillway invert
elevation is approximately 182.0' (892.3').
Jackson Pond's primary outlet consists of a 48-inch CMP connected to the 60-inch
trunk at a manhole on 43rd Avenue NE. An aluminum flap gate at the manhole
prevents backflow into the pond from the trunk line. To this pipe's east lies a 42-inch
inlet from the same trunk that conveys flow from the trunk to the pond or from the
pond to the trunk, depending upon the head difference between the two.
Jackson Pond can overflow into the sanitary sewer system via a release pipe at its
south end. Pond water can back into a manhole connected to this pipe and then
enter the sanitary sewer system. The reverse can also occur. Two flap gates can
prevent this connection, but during the storms of July 1997 these gates were open.
As mentioned above, Jackson Pond discharges into the 60-inch trunk under 44~h
Avenue NE. This trunk conveys stormwater to the west and meets a 36-inch trunk
line at University Avenue. From University Avenue, the storm sewer runs west then
north where it meets a 76-inch pipe that carries water to the Mississippi River.
1.2.Analysis and Results
Using the XP-SWMM32 computer software, we analyzed the Jackson Pond system
from Labelle Pond to well past the trunk connection at University Avenue. In order
to simplify our modeling, we analyzed the system's performance for the storm of July
1, 1997 and not for the subsequent July 11 and July 13 storms. Thetipping bucket
rain gauge at the public works facility indicated that the July 1 storm was the most
intense of the July storms, with over 3.64 inches of rain in 3.5 hours and 2.9 inches
in the first hour.
Our model suggests that flow over the spillway should have been sufficient to .
prevent the flooding near the garage at 4256 Jackson Street NE. Anecdotal
evidence from residents suggests and our model verifies that ponding does occur at
this intersection and that the ponding persists long after large storms have blown
over. Our field survey information confirms that water will rise 0.5 ft in the
intersection before overflowing down the spillway, but this should in no way flood
any adjacent structures. Again, anecdotal evidence from City staff suggests that the
spillway became clogged with debris and that this held water back to the level seen
on July 1.
Our results give a July 1 high water level (HVVL) for Jackson Pond of 178.7' (889.0'),
so the pond did not overtop its banks and cause flooding - a conclusion which is
supported by reSident testimony. The aluminum flap gate delays the Jackson Pond
discharge until surcharge subsides in the 60-inch trunk. Our model suggests that
this outlet works well and allows the full utilization of Jackson Pond's storage without
flooding adjacent property.
Our results indicate that Jackson Pond discharged a 2-cfs peak flow into the sanitary
sewer system. Once the City controls its I/I problem in this area, this connection
should be eliminated.
1.3. Recommended Alternative
We recommend that the City reconstruct the spillway at Jackson and 43rd. The
existing spillway invert elevation of 182.0' (892.3') would suffice. The spillway
design should consist of a 16' wide trapezoidal cross-section to a typical catch-
basin/manhole. After the manhole the spillway should flare so that excess flow
enters Jackson Pond over a wide area. Figure 2 provides some details of this
construction.
1.4. Cost Estimate
As detailed in Table 1, the estimated cost for this improvement is $15,414.
Table 1
Estimated Cost: Jackson Pond Spillway
Item
Unit Quantity Unit
Price
Concrete, 6-inch cast in place
Common borrow
Reconstruct CB-MH
Sod
SF 2,4OO $3.5O
TN 480 5.00
LS I 500
SY 100 3.50
Cost
$8,400
2,400
500
350
Estimated Construction Cost
5% Contingencies
20% Design, Inspection, Admin.
5% Capitalized Interest
TOTAL ESTIMATED COST
$11,650
583
$12,233
2,447
$14,680
734
$15,414
2. 4509 Block of Washington Street NE
2.1. Introduction
The storm sewer that conveys flows from this area does not connect to the Jackson
Pond system. We attached it to the Jackson Pond Feasibility Study because it was
included with the Jackson Pond system in the scoping study.
The low point of the 4500 block flooded during all three of the July storms. The
residents here have witnessed similar flooding in other years for storms of varying
intensities. At this Iow point, the grate elevations of the two catch basins are 187.5'
(897.8') and 187.7' (898.0'). The lowest house elevation is 188.4' (898.7') and
occurs at 4542 Washington Street NE. In an effort to reduce flooding at this
location, City staff recently installed an additional catch basin.
It should be noted that, save for 4542 Washington Street NE, the flooding in this
area was garage and yard flooding.
2.2. Analysis and Results
4
With existing pipe sizes, the XP-SWMM32 model developed for this area predicts
flooding for storms as small as the 1-year storm event (2.3 inches of rainfall over 24
hours). For the event of July 1, 1997, the model calculates a HWL of 190.3' (900.6').
Due to the lack of pipe capacity in this area, flood levels persist well beyond the
tapering of rainfall intensity. Table 2 summarizes the results of several storms with
the existing pipe network.
Conflicting anecdotal evidence made it difficult to calibrate the model for this area.
For instance, the resident at 4540 Washington Street NE reported water up to but
not flooding her home. Field surveys have established 190.6' (900.9') as the Iow
elevation of this house. On the other hand 4559 Washington Street NE, which is
higher, reported water entering through Iow house openings.
2.3. Alternatives
2.3.1. Alternative 1
This alternative consists of the purchase and removal, for sale, of the home at
4542 Washington Street NE. We recommend excavation of the lot in order to
provide temporary storm water storage, and thereby reduce the flooding of
adjacent structures. This temporary ponding could drain to the existing storm
sewer through a 12-inch plastic pipe.
2.3.2. Alternative 2
Berm construction may protect these homes from smaller events but would raise
the flood stage for larger events. Our modeling suggests that a 25% reduction in
the area below 190.3' (which would likely occur in berming around these houses)
raises the July 1 HWL to 190.6' (900.9'). If berming reduced the area below
190.3' (900.6') by 50%, then the HWL for the July storm would rise to 190.8'
(901.1'). Most likely, there is not enough area around these houses to berm to
190.8'.
Since berming cannot solve the area's flooding problem, we looked at new trunk
storm sewer under Washington Street NE and ponding in McKenna Park as the
only feasible alternative (see Figure 3). We evaluated improvements that could
lower the 100-year HWL below the house at 4542 Washington Street NE.
Accomplishing this requires larger storm sewer under Washington Street NE to
McKenna Park. Because it is not economically feasible to replace any of the
trunk storm sewer under 48th Avenue NE, the recommended improvements
cannot increase peak flows downstream of the park. This requires a pond in
McKenna Park. The pond will need 1.6 acres of land at pond HVVL and 2.9 ac-ft
of flood storage. We recommend a dry pond 5 feet in depth. Construction of
this pond will require the removal of much of the 8-inch and 10-inch storm sewer
within the park.
Table 2
Storm Summary: 4500 Block of Washington Street NE
Rainfall HWL Low House Freeboard
Storm
(in) (City Datum) (City Datum)
1-year 2.3 189.4 -1.0
Before 5-year 3.1 189.7 -1.3
Improve 50-year 5.3 190.4 -2.0
merits 100-year 6.0 190.5 188.4 -2.1
July I 3.64 190.3 -1.8
After 100-year 6.0 187.1 1.3
Improve July 1 ' 3.64 187.9 0.5
ments
1) Beyond the modeling pedod of 3.5 hours.
Please note that the calculated 100-year flood level is higher than that for the
July 1 storm under the existing system but lower under the proposed system.
The proposed system substitutes conveyance (larger storm sewer) for storage
(flooding around homes). Since the 100-year storm has lower rainfall intensities
and higher rainfall volume than the July storm, it is not surprising that the 100-
year HWL reacts differently to the proposed improvements.
2.4.Cost Estimates
We have provided cost estimates for both alternatives. Table 3 presents the cost
estimate for alternative 1, while table 4 presents the alternative 2 estimate.
Table 3
Estimated Cost: Alternative t, 4500 BloCk of Washington Street NE
Item
Unit Quantity Unit Price Cost
Purchase and move 4542 Washington LS
Excavation and embankment offsite disposal CY
2' x 3' catch-basin EA
12-inch PE pipe LF
Seeding, landscape planting LS
I $90,000 $90,000
400 10 4,000
1 1,000 1,000
40 20 800
1 4,000 4,000
Estimated Construction Cost
5% Contingencies
Design, Inspection, Admin.
5% Capitalized Interest
TOTAL ESTIMATED COST
$99,800
4,990
$104,790
5,000
$109,790
5,490
$115,280
--
Table 4
Estimated Cost: 4500 Washington Street NE
Item Unit Quantity Unit Price
Cost
Mobilization LS I $15,000
Remove concrete curb and gutter LF 1,800 1.00
B618 curb and gutter LF 1,800 6.00
Full depth pavement reclamation SY 3,400 0.75
Common Excavation, street, off-site disposal CY 2,670 7.00
Subgrade preparation SY 4,000 0.65
Select granular borrow TN 2,640 5.00
Aggregate base, class V, in place TN 1,770 6.50
Bituminous base type 31B TN 280 30
Bituminous wear type 41B TN 280 32
12-inch RCP LF 100 22
15-inch RCP LF 20 ' 25
21-inch RCP LF 82 35
27-inch RCP LF 107 50
33-inch RCP LF 594 65
36-inch RCP LF 475 70
12-inch FES EA 1 600
36-inch FES LF 1 1,700
Rip rap CY 40 40
Remove existing storm sewer LF 1,000 5.00
6' manhole EA 4 2,000
4' Diameter CB/MH EA 2 1,500
Excavation, pond, off-site disposal CY 2,300 7.00
Traffic control LS 1 2,000
Estimated Construction Cost
5% Contingencies
20% Design, Inspection, Admin.
$15 000
I 800
10.800
2 550
18 690
2 600
13 200
11.505
8 400
8,960
2,200
500
2,870
5,350
38,610
33,250
600
1,700
1,600
5,000
8,000
3,000
16,100
2,000
$214,285
10,714
$224,999
45,000
$269,999
5% Capitalized Interest 13,500
TOTAL ESTIMATED COST $283,499
We recommend alternative 1. The city of Columbia Heights should avail itself of
every opportunity to create storm water ponding to solve flooding issues, rather than
increasing storm sewer size. Additionally, alternative 1 has the benefit of a
substantially lower cost than alternative 2. It should be noted that the home, once
removed, would have a salvage value estimated at $13,000. This salvage value
would reduce the estimated cost of alternative 1 to a net cost of $102,280.
I
~ 3. 430011 Block of Washington Street NE
3.1. Introduction
Similar to the 4500 block, flooding regularly occurs at the Iow point of the 4300 block
of Washington Street NE. During all three storms of July 1997, floodwater inundated
the basement at 4330 Washington Street NE, ponded against the foundation of
4332, and flooded the garage at 4332. Our field survey confirms that the house at
4330 Washington Street NE lies below the lowest catch basin by approximately 0.3'
and that low areas below street elevation surround 4332. A private alley slopes
toward 4330 Washington Street NE from the south, delivering its runoff to this lot.
3.2. Analysis and Results
With existing pipe sizes, the XP-SWMM32 model developed for this area predicts a
HWL for the July 1, 1997 storm of 188.3' (898.6'). The homes at 4330 and 4332
Washington Street NE have Iow elevations of 186.6' (896.9') and 187.5' (897.8')
respectively. Based on anecdotal evidence, the calculated HWL matches well to
that observed on July 1.
The stormwater ponded at this site comes primarily from the intersection of 43r~
Avenue NE and Washington Street NE. Though several catch basins serve this
intersection, the 12-inch pipe to which they drain is undersized. This results in runoff
bypassing these catch basins and collecting at the Iow point one-half block north.
The bypass manhole at the Iow point allows flow to travel either north to the 80-inch
trunk or east to Jackson Pond. Computer results suggest that surcharge on the pipe
to the east and Iow capacity on the pipe to the north combine to produce the flooding
in this area.
3.3. Alternatives
3.3.1. Alternative 1
This alternative consists of the purchase and demolition of the home at 4330
Washington Street NE and berming around 4332 (see figure 4). The abandoned
lot would remain a city-owned outlot for temporary stormwater storage and would
be excavated for grading around the house at 4332 Washington Street NE. The
berm around 4332 Washington Street NE would rise to an elevation of 188.5'
(898.8'). Sump pumps would discharge the runoff collected within the area
surrounded by the berm to the adjacent catch basins. We recommend that the
abandoned lot be excavated beyond the volume required to construct the berm
so that there is a net increase in storage at this site. The outlot would lie below
curb elevation but could drain to the existing storm sewer through a 12-inch
plastic pipe and ditch type catch basin.
Our field survey information indicates that, in order to match the berm into
existing ground, grading would extend at least one lot to the north of 4332
Washington Street NE. Any lot isolated within the berm will require sump pumps.
3.3.2. Alternative 2
This altemative involves the reconstruction of Washington Street NE to 43r~
Avenue NE and the replacement of the existing 310' of 15-inch RCP pipe with
the same length of 36-inch RCP (see Figure 4). Since the existing manhole has
insufficient diameter to accept this pipe, this would also be replaced. Table 4
shows the effect this project would have on the HWL for this site.
Table $
Storm Summary: Alternative 2 Improvements
HWL 433O 4332
Storm elevation elevation
(City datum) (City datum) (City datum)
Before
Improvements July 1 188.3
After July 1 186.7 186.6 187.5
100-
Improvements 186.4
year
Please note that this alternative provides protection for the home at 4330
Washington Street NE for the 100-year storm but not for the July 1, 1997 storm.. The
level of protection (0.1 feet of freeboard) is less than that typically provided by new
construction (1 to 2 feet of freeboard).
3.4. Cost Estimates
We have provided cost estimates for both alternatives. Table 5 presents our
Alternative 1 estimate while Table 6 presents the Alternative 2 estimate.
Table 6
Estimated Cost: Alternative 1, 4300 Block of Washington St NE
Item
Unit Quantity Unit Price Cost
Purchase and demolition 4330 Washington LS 1
Excavation and embankment CY 150
Sod SY 210
2' x 3' catch-basin EA 1
Sump pumps EA 2
12-inch PE pipe LF 40
6-inch PE pipe, from sump pumps LF 160
Seeding, landscape planting LS 1
$75,000 $75,000
10 1,500
5.00 1,050
1,000 1,000
500 1,000
20 800
10 1,600
4,000 4,000
Estimated Construction Cost
5% Contingencies
Design, Inspection, Admin.
5% Capitalized Interest
TOTAL ESTIMATED COST
$85,950
4,298
$90,248
5,000
$95,248
4,762
$100,010
Table 7
Estimated Cost: Alternative 2, 4300 Block Washington St NE
Item
Unit Quantity Unit Price Cost
Mobilization
Remove concrete curb and gutter
B618 curb and gutter
Full depth pavement reclamation
Common excavation, off-site disposal
Subgrade preparation
Select granular borrow
Aggregate base, class V, in place
Bituminous base type 31B
Bituminous wear type 41B
36-inch RCP
Remove 15-inch RCP
Replace diversion manhole
Aluminum flap gate
Traffic control
Cut into existing manholes
LS I $4,000
LF 620 1.00
LF 620 6.00
SY 1,360 0.75
CY 1,070 7.00
SY 1,600 0.65
TN 1,060 5.00
TN 900 6.50
TN 110 30
TN 110 32
LF 310 70
LF 310 5.00
EA I 4,000
EA I 2,000
LS I 2,000
EA I 750
$4,000
62O
3,720
1,020
7,490
1,040
5,300
5,850
3,300
3,520
21,700
1,550
4,000
2,000
2,000
750
Estimated Construction Cost
5% Contingencies
20% Design, Inspection, Admin.
5% Capitalized Interest
TOTAL ESTIMATED COST
$67,860
3,393
$71,253
14,251
$85,504
4,275
$89,779
3.5. Recommended Alternative
We recommend alternative 1. Upon future reconstruction of Washington Street NE
in this area, larger storm sewers might be installed so that a combination of
alternatives I and 2 are realized. Since alternative 1 does not require delay, and
because it is consistent with the goal of solving flooding problems with ponding and
not conveyance, we recommend the city proceed with the alternative 1
recommendations over those of alternative 2.
10
~...-,~. 1307 42r~ Avenue NE
4.1. Introduction
Several problems surface at this site, some of which appear on a yearly basis. This
home sits at the bottom of a steep hill. Storm sewer conveys runoff from this site to
the west, where it connects with the outlet from LaBelle Pond. Since there are no
intermediate catch basins along the hill to the east, large volumes of runoff at high
velocity regularly jump the curb in front of 1307 42nd Avenue NE and enter the back
and side yards, from where the water cannot drain. The catch basin in front of the
house is not located at the Iow point, which is in front of the home's driveway. The
house is not much higher than the curb, while the driveway slopes downward to the
garage and the backyard. The resident claims the water jumps the curb and flows
down the driveway several times a year.
4.2. Analysis and Results
Street and driveway reconstruction to contain stormwater in the gutter would protect
this home from small storms with return periods of 5 years and less. For the storms
of July 1997, water ponded in this area, which indicates that simply improving gutter
flow would not suffice for larger storms.
For this Iow area at 1307 42nd Avenue NE, our XP-SWMM32 model calculated a July
I HWL of 217.1' (927.4'). The model calculated the same HWL for the 100-year
storm. Field surveying conducted by City staff gives 216.9' (927.2') as the lowest
house elevation. Anecdotal evidence suggests that the HWL for the July 1 storm
was higher than our model indicates. We feel this is due to gutter flow entering the
property from the driveway. Once within the property this water cannot drain except
through infiltration and evaporation. The elevation of the catch basin grate in front of
this house is approximately 216.3', or 0.6' lower than the house.
For large events, system capacity is not sufficient to adequately drain this area.
Since there is no overflow from this Iow point, water ponds until drained by the storm
sewer. Our modeling shows that the reduction in pipe size from a 42-inch to a 36-
inch at 43~ Avenue NE and Pierce Street NE causes a backwater effect upstream to
Labelle Pond and 42na Avenue NE. During the early stages of the July 1 storm,
water flowed against pipe grade. Not until the peak flows had passed from the storm
sewer at 43~ Avenue NE and Pierce Street NE did significant discharge occur from
Labelle Pond and 42na Avenue.
4.3.Alternatives
4.3.1. Alternative I
Alternative 1 consists of purchase and removal of 1307 42nd Avenue NE, similar
to what was proposed for 4542 Washington Street NE. In order to protect
adjacent homes, we recommend some excavation of this lot for temporary storm
II
water storage. This temporary ponding would drain to the existing storm sewer
via a 12-inch plastic pipe.
4.3.2. Alternative 2
The second altemative involves installation of an additional 18-inch pipe under
42r~ Avenue NE. From an existing catch basin, this pipe would run
approximately 220 feet west. It then would turn 90 degrees south and run
approximately 160 feet to Labelle Pond through City owned property. The new
pipe would cross above the existing 15-inch pipe with approximately 1.0' of
clearance. This pipe installation would involve reconstruction of up to 300 feet of
42r~ Avenue NE.
Our model predicts a 0.5' reduction in the July 1 HVVL from this installation (see
Table 8).
It bears repetition that gutter flow into the property should be eliminated as part of
any alternative. Additionally, for both alternatives, we recommend a sump pump
connected to the storm sewer system capable of draining the Iow areas around
the house.
Table 8 summarizes the effects of alternative 2.
Table 8
Storm Summary: Alternative 2, 1307 42nd Avenue NE
HWL Low House Freeboard
Storm
(City datum) (City datum) (ft)
.Before
Improvements July 1 217.1 -0.2
July I 216.6 216.9 0.3
After Improvements 100-year 216.5 0.4
4,3.3. Alternative 3
Alternative 3 involves berming around the frOnt of the home at 1307 42r~ Avenue
NE. The berm would tie into existing ground one lot to the east and west. Our
XP-SVVMM32 model indicates that berming to 218.0' (928.3') across the front of
the property would not raise the HVVL for either the July 1, 1997 or the 100-year
storm above 217.1, provided that sufficient sump pump capacity is present to
drain the area within the berm.
4.4. Cost Estimates
We have provided cost estimates for all alternatives. Table 9 applies to alternative
1, purchase of 1307 42r~ Avenue NE; table 10 represents alternative 2, installation
12
of an 18-inch RCP; and Table 11 applies to alternative 3, berming around 1307 42nd
Avenue NE.
Table 9
Estimated Cost: Alternative 1, 1307 42nd Avenue NE
Item
Unit Quantity Unit Price Cost
Purchase and move 1307 42'~ Avenue NE
Excavation and embankment offsite disposal
2' x 3' catch-basin
12-inch PE pipe
Seeding, landscape planting
LS I $90,000 $90,000
CY 400 10 4,000
EA 1 1,000 1,000
LF 40 20 800
LS 1 4,000 4,000
Estimated Construction Cost
5% Contingencies
Design, Inspection, Admin.
5% Capitalized Interest
TOTAL ESTIMATED COST
$99,800
4,990
$104,790
5,000
$109,790
5,490
$115,280
Table 10
Estimated Cost: Alternative 2, 1307 42nd Avenue NE
Item
Unit Quantity Unit Price Cost
Mobilization
Remove concrete curb and gutter
B618 curb and gutter
Full depth pavement reclamation
Subgrade preparation
Common excavation
Select granular borrow
Aggregate base, class V, in place
Bituminous base type 31B
Bituminous wear type 41B
18-inch RCP
Cut into existing manhole
Sump pumps
6-inch PE pipe, for sump pumps
4' standard manhole
Traffic control
LS 1 $2,500 $2,500
LF 600 1.00 600
LF 600 6.00 3,600
SY 870 0.75 653
SY 1040 0.65 676
CY 700 7.00 4,900
TN 690 4.84 3,340
TN 460 5.59 2,571
TN 75 30 2,250
TN 75 32 2,400
LF 380 30 11,400
EA 1 750 750
EA 2 500 1,000
LF 140 10 1,400
EA I 1,500 1,500
LS 1 2,000 2,000
Estimated Construction Cost
5% Contingencies
20% Design, Inspection, Admin.
$41,540
2,077
$43,616
8,723
5% Capitalized Interest
TOTAL ESTIMATED COST
$52,340
2,617
$54,957
Table 11
Estimated Cost: Alternative 3, 1307 44m Avenue NE
Item
Unit Quantity Unit Price . Cost
Mobilization
Remove concrete curb and gutter
B618 curb and gutter
Excavation and embankment
Sod
Reconstruct driveway apron
Sump pumps
6-inch PE pipe, for sump pumps
Traffic control
LS I $400 $400
LF 30 3.00 90
LF 3O 17 510
CY 75 10 750
SY 75 5.00 375
LS 1 1,000 1,000
EA 2 500 1,000
LF 140 10 1,400
LS 1 250 250
Estimated Construction Cost $5,775
5%Contingencies 289
20% Design, Inspection, Admin.
5% Capitalized Interest
TOTAL ESTIMATED COST
$6,064
1,213
$7,277
364
$7,640
4.5. Recommended Alternative
We recommend Alternative 1. The benefits of ponding over conveyance have been
discussed previously in this memo. The salvage value of the home is estimated at
$13,000, reducing the net cost to $102,280. It came to our attention late in the
development of these reports that the home at 1125 42nd Avenue NE also
experienced flooding due to the July 1997 storms. This flooding occurs at two catch
basins adjacent to the home and the Labelle Park skating rink. This flooding occurs
for the same reason as that further to the east. We recommend a shallow swale be
cut to relieve the flooding and convey runoff to Labelle Pond. The city could
construct this swale along the east end of the rink, though this may entail reducing
the rink size. The cost of this construction has not been included in these cost
estimates.
5. Tyler Place NE and ~.~th Avenue NE
5.1. Introduction
A 48-inch CMP carries the LaBelle Pond outflow as well as local runoff through this
site. These flows pass with some surcharge through this pipe, a surcharge that
14
CITY COUNCIL LETTER
Meeting of: 9/11/00
AGENDA SECTION: CONSENT AGENDA L,i /-! ^-[0 ORIGInATInG DEPARTlVmNT: CITe MANAGER
NO: - PUBLIC WORKS~ ~f~~_
ITEM: AUTHORIZATION FOR PAYMENT TO US BY: K. Hansen~ BY:
WEST FOR REPAIR OF DAMAGED CABLE AT 40TM & DATE: 9/6/00 ~ DATE:
CENTRAL AVE.
Baekgro~nd:
Public Works maintenance damaged a US West cable on FebrumT 22, 2000, when repairing a seRlement in 40t~ Avenue in an area
where a water main repair had been made on December 20, 1999. The area had settled several times and each time staff added
material. On February 22, 2000, Public Works noticed that a portion of the street had been undermined. Stafflmocked in the
asphalt in the area that was undermined and was in the process of removing the asphalt chunks from the hole with the backhoe
when the US West Cable was damaged. A underground locate had been previously requested for the original excavation the city
made at 40~ Avenue and Central Avenue, but not for the settlement repair.
Damage Detail: 900 Pair Buried Cable
Locati~: 40a Ave. NE & Central Ave.
Date of Damage: 02/22/00
Cost to repair: $4,182.06
Analysis/Co~elmions:
In this case, the city is respous~le for damages caused to another utility when Gopher State One Callprotocol is not followed, by
calling the required time in advance. Subsequently, all Public Works personnel have been iustmcted that there is a zero tolerance
for not maki~ Gopher State one-calls a responsl~vility. It is not permi.~sible under any circumstance to excavate without
following Gopher State One Call protocol, for each excavation.
Reeommend~d Motion: Move to authorize payment to US West for repair of damaged cable at 40~ Avenue and Central in the
amount of $4,182.06, with funding appropriated from Fund 0601-49430-4000.
r,~q.'jb
COUNCIL ACTION:
CITY COUNCIL ~ETTER
Meeting of: 9/11/00
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: , ("I-A-ti PUBLIC WORKS.,.,..._.... ~,~/,,~
ITEM: FINAL PAYMENT FOR SULLIVAN LAKE BY: K. Hansen~/~ ~ BY:
9722
?/7/
Background:
On September 28, 1998, Council awarded the Sullivan Lake Sanitary Sewer Improvement Project (Project No. 9722). The
project consisted of a new wet well/dry well sanitary sewer lift station, force main, sani~2t sewer gravity main construction,
landscaping and appurtenant work.
Analy~/CoRclmiom:
The work has been completed in accordance with the contract. The Consulting Engineer, RLK, and City Staff recommend
acceptance of the project and final payment be made. A copy of the Engineer's Report of Final Acceptance is attached. All punch
list items have been corrected by the Contractor
Recommended Motion: Move to accept the work for Sullivan Lake Sanitary Sewer Improvement Project (Project No. 9722);
and, authorize final payment of $4,507.11 to Penn Contracting, Inc.
Attachment:
Final Payment Voucher
Engineer's Report of Final Acceptance
COUNCIL ACTION:
CFrY OF COLUMBIA HEIGHTS
ANOKA COUNTY, MINNESOTA
ENGINEER'S REPORT OF FINAL ACCEPTANCE
RECEIVED
sEp 07 0
PUBLIC WORKS
1997 IMPROVEMENT PROJECTS
CITY PROJECT NUMBERS 1997-22
SULLIVAN LAKE PARK SANITARY SEWER IMPROVEMENTS
AUGUST 17, 2000
TO THE CITY COUNCIL
COLUMBIA HEIGHTS, MINNESOTA
HONORABLE MAYOR AND CITY COUNCIL MEMBERS:
This is to advise you that I have reviewed the work under contract to Penn Contracting,
Inc. The work consisted of installation of pre-fabricated Duplex underground pump
station, installation of sanitary sewer, a bituminous walking path and restoration.
It is recommended; herewith, that final payment be made for said improvemems to the
contractor in the amount as follows:
ORIGINAL CONTRACT PRICE
CHANGE ORDERS
FINAL CONTRACT AMOUNT
$205,881.92
$ 14,204.10
$220,086.02
FINAL WORK APPROVED
ALL PRIOR PAYMENTS
$225,355.37
$220,848.26
BALANCEDUE
$ 4,507.11
Sincerely,
Senior Professional Engineer
COLUMBIA HEIGHTS, MINNESOTA
CONTRACTOR'S ESTIMATE
SULLIVAN LAKE PARK ~AN~rARY SEWER
PROJECT NO. 97216S
DATE: Au~st 17, 2000
CITY: Coigmb~ Heights, Mimt~ot~
PRO, IF. CT: Suliiwn lake Pm'k Sonit~y Sewer
PRO,/ECT NO. 972 I~S
CONTRACTOR: Pean Contrscti~g,
CONTRACTOR'S ESTIMATE: ~J sad FINAL
CONSTRUCTION
UNIT . BID CONTRACT PREVIOUSLY COMPLRTED TOTAL COMPLETED
NO. ITEM UNrl
PRICE QTY AMOUNT COMPLETIiD THIS PERIOD COMPL~I'KD AMOUNT
I Mobi~iz,~mn ~h $9,700.00 1 $9,700.00 I 1.00 $9,700.00
2 ~and ~ a s~,,soo, oo 1 sl,soo, oo i 1.oo sl,soo.oo
3 g" P'v'C Sani~ Sewo- 8-12' Deep If $"23.00 613 S14,099.00 627 627.00 $14,421.00
4 8" PVC SDR 35 .~ani~,y Stayer 12-14' If $24.00 79 $1,896.00 68 68.00 $1,632.00
5 8" PVC SDR 26 Sanitary S~wer 14-16' ff S25.00 71 Sl,77f.00 61 61.00 Sl,525.00
6 8' PVC SDR 26 Sanitary Sower 16-20' If $26.00 195 $5,0?0.00 200 200.00 $5,200.00
7 g' ABS Sanitary S~w~r 16-20' D~p ff $30.00 20 $600.00 0 0.00 $0.00
8 R~nove F. xis~ 8' ABS ~ (While ff $1.00 251 $251.00 251 251.00 $251.00
~ ocw Sewer)
9 Fill ~isti~ 8' ABS pipe with sand ff $1.00 545 $545.00 545 545.00 S545.00
10 [Remove Existing 4' Diameter Manhole each $400.00 3 $1,200.00 3 3.00 Sl,200.00
11 4' Diameter IVtnnhol~ 8' Deep, including each $2,000.00 7 $14,000.00 7 7.00 $14,000.00
Frame and Cover
12 4' Diameter Manhole in Excess of 8' If $160.00 29 $4,640.00' [ 29 29.00 $4,640.00.
13 Cora~ct Existing 8' AB$ Pipe to New each $200.00 2 $400.00 2 2.00 S400.00
14 6" x 8" Wye ~ach $150.00 I $150.00 I 1.00 $150.00
15 6" PVC Servi~s ~ ff $15.00 50 $?50.00 15 15.00 $225.00
16 18" Casin~ Pii~ ($p~,'ial Structure) ff $250,00 28 $7,000.00 28 28.00 S7,000.00
17 Reconnmt ~ Service each $250.00 I $250.00 I 1.00 $250.00
18 Plug 8" ABS Pipe in ~ Ivlanhol~ each $50.00 2 $100.00 2 2.00 $100.00
19 4' DIP Forccmitin (including removal of ff $22.34 458 $10,231.72 450 450.00 $10,053.00
cxistin~ forc~min) (C.O. 1)
20 Connmt Existing Forcmuin to Manhole Is $800.00 0 S0.00 0 0.00 $0.00
#8 (C.O. 1)
20.1 Connect FM to ~ Manhole Is $2,000.00 1 $2'000.00 1 1.00 $2,000.00
(tnclua~ TC) (C,.O. l)
21 Clean Out Ivia~hol¢ #8 (Including each $2,800.00 1 $2'800.00 I 1.00 $2,800.00
22 Force,hain F~ = lb $2.00 300 ~4~0.00 200 200.00 $400.00
23 Cut into F.,xisth~, 4" Watermain each $700.00 2 $1,400.00 2 2.00 $1,400.00
24 Watermain Fitt~gs lbs $2.00 280 $560.00 280 280.00 $560.00
25 4" DIP Warermain Class 52 ff ~30.00 70 $2, I00.00 70 70.00 $2,100.00
I 1/2" Crushed Rock for Pipe
26 Stabilization cy ~20.00 50 $1,000.00 40 40.00 S$00.00
27 Remove and r~lac~ existing chain link If $10.00 204 $2,040.00 110 110.00 $1,100.00
28 Sawcu! Existm~ Bituminous (C.O. 1) If $2.00 170 $340.00 120 120.00 $240.00
29 Saw, ut F. xisfin~ Con~r¢te If $5.00 65 $.325.00 0 0.00 SO. O0
30 R~nove Existin~ Bituminous (CO. 1) sy $2.00 1282 $2,564.00 1197 1,197.00 , $2,394.00
31 Con,non Excavation (Landscape) cy $15.00 g0 $1,200.00 80 80.00 $1,200.00
31.2 G¢otextile Fabric Type 5 (C.O. 2) sy $1.00 990 $990.00 990 990,00 $990.00
32 Remove and R~plac~ Existing curb ff 825.00 50 $1,250.00 208.5 208.50 $5,212.50
(c.o. 1)
33 Class 5 Aggregate Baae (C.O. 1) tom $19.00 445 $8,455.00 590 590.19 $11,213.61
33.2 Clan~ 5 Aggregate Base (Lower 6") tons $16.00 334 $5,344.00 334 334.00 $5,344.00
(C.O. 2)
Page I of 3
I - I
COLUMBIA HEIGHTS, MINNESOTA SULLIVAN LAKE PARK~ANITARYSEtA/ER PROJECTNO. g7216S
34 Bituminous l~n: der Typo 31 (C.O. 1) tom $53.00 115 S6,095.00 140 140.32 $7,436.96
35 Bituminous Wear Type 41 (C.O. 1) tons S58.00 155 S8,990.00 219 219.00 S12,702.00
36 Treo Romovai each $$0.00 12 S960,00 8 g.00 $640.00
3'/ Troe Replac~nent caoh S250.00 12 S3,000.00 8 8.00 $2,000.00
38 Mi~l~ow~ Plm~in~ ~) b S7,~00.00 I 37,~00.~ I i.00 S?,500.00
39 Imtall and M~n~in Silt Fence if S3.00 50 $150.00 0 0.00 S0.00
40 L, mall and Milntain Bale Chock each S40.00 3 S120.00 0 0.00 SO.00
41 S¢¢clLq~ Including Mulch, Fo~il~zor, cte. aero $1,500.00 0.8 SI,200.00 0.8 0.80 $1,200.00
42 Top,oil Borro~ oy S8.00 430 $3,440.00 200 200.00 SI,600.00
42.1 Sodding(C.O. 1) ~y S2.50 330 $825.00 420 420.00 $1,050.00
43 Romo3m and Rein.~dl ~isting Ir ~ each $200.00 0 $0.00 0 0.00 S0.00
and FES (C.O. 2)
43.2 Connecl to ex~lin~ Storm Pipe (C.O. 2) Is $200.00 I $200.00 I 1.00 $200.00
43.21 15'RCPip~C;lau$(C.O. 2) if $20.00 8 S160.00: 8 8.00 S160.00
43.22 15" RCP Fla~d End Sec. tion with each $300.00 I $300.00I 1 1.00 S300.00
Trashguatd (C~.O. 2)
Eleouioal Revisions with Connoclions to
44 Now Wetwell~ Is $8,700.00 1 $8,700.00 I 1.00 $8,700.00
Relocate Existlng G-~norator Receptad~ each $1,220.30 I $1,220.30 I 1.00 $1,220.30
44.2 (C,O. 1)
45 ~ Buil~h~g Equipment R~nnoval Is $2,500.00 I $2,500.00 1.0 1.00 $2,500.00
Furnish and Install Pumgin~ Station and
46 Wetwei~ including baok~ and Is $6?,300.00 I $67,300.00 1.0 1.00 $67,300.00
oonorote baso slab
TOTAL CONSTRUCTXON S220,056.02 $225,355.37
TOTAL PRCMECT COST
SubTotal Work Completed to Date
PLUS Change Order #
Total Work Completed to Date
LESS Rctainagc --
Amount Due Contra~or '
LESS Previous Payment - Contractors Estimate No. 1
LESS Previous Payment. Contractor's Estimate No. 2
LESS Prcvious Payment - Contractor's Estimate No. 3
LESS Previous Paymem - Contractor's Estimate No. 4
AMOUNT DUE AND PAYABLE THIS ESTIMATE ~ and FINAL
of __~~.a~_ ~--~.~_ . 2000
/ [
Ap~.d and Rooonu~.endod for Paymont
tiffs [(0 dayof -~ ,.~,s J~ .2000
d
RLK-KUU$1.qTO, LTD.
$225,355.37
$0.00
$225,355.37
$0.00
$225,355.37
($52,737.35)
($93,485.22)
(S56,802.28)
($17,823.4~)
$4,507. l I
Page 2 of 3
I: r
COLUMBIA HEIGHTS, MINNESOTA
SULLIVAN LAKE PARK SANITARY SEWER
CERTIFICATION OF PAYMENT:
R~eiv~d pa3~nent ~ day
of ,2000
P~nn Conrail/rig. Inc.
PROJECT NO. 97216S
By.
CONTRACTOR CONTACT
Page 3 of 3
CITY COUNCIL LETTER
Meeting of: 9/11/00
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
No: P uc woRics
ITEM: APPROVE AGREEMENT NO. 80793M WITH BY: K.Hans6z~~/~
MN/DOT FOR THE MAINTENANCE AND ELECTRICAL DATE: 9/
ENERGY FOR NEW INTERNALLY LIT TRAFFIC SIGNS
ON UNIVERSITY AVENUE, TH 47
Background:
Following the installation ofbacklit street signs on Central Avenue in 1999, the City Council ordered similar signage be placed at
the signalized intersections in the University Avenue corridor from 37t to 49t~ Avenues. Subsequently, plans and specs were
prepared and approved by MnDOT for the work.
Analysis/Co~clu~iom:
MnDOT considers this type of work to be'enhancements' and dictates that the capital cost and on-going operation and
maim~aance costs are local respons~ilities. Typical of signal systems on trunk highways with local street access, MnDOT also
requires an agreement detail/ng operations and maintenance responsibil/ties. The agreement provides that the City will pay for all
operational and maintenance costs for the new signs. The City's of Minneapolis and Fridley have agreed to the O & M costs at the
37~ and 49~ intersections, respectively.
This agreemeat is separate from any bid award and is typically executed prior to any contract award. It will not be impacted by
delaying the tnojeet until 2001, and therefore, staff recommends to execute the agreement at this time.
Recommended Motion: Move to waive Resolution No. 2000-65, there being ample copies available to the public.
ReeommendM Motion: Move to approve Resolution No. 2000-65, authorizing agreement No. 80793M with Minnesota
Department of Transportation for installation of internally lit signs at the existing traffic controls signals on Trunk Highway 47;
and, furthermore, authorizing the Mayor and City Manager to enter into an agreement for the same.
r.~I:jb
Attachments:
Resolution
Mn/DOT Letter dated 8/28/00
Copy of Agreement
COUNCIL ACTION:
RESOLUTION NO. 2000-65
AUTHORIZING AGREEMENT NO. 80793M WITH MINNESOTA
DEPARTMENT OF TRANSPORTATION
FOR INSTALLATION OF INTERNALLY LIT SIGNS AT
THE EXISTING TRAFFIC CONTROL SIGNALS
ON TRUNK HIGHWAY 47
WHEPJ~AS, the City of Columbia Heights proposes to provide internally lit signs at the existing
traffic controls signals and,
WHEREAS, the improvements will benefit both the City of Columbia Heights and the
Minnesota Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights
to enter into an agreement with the State of Minnesota, Department of Transportation for the
following purposes, to wit:
To provide maintenance and electrical energy for the newintemally illuminated signs at
the existing traffic control signals on Trunk Highway No. 47 (University Avenue) at 37th
Avenue Northeast, at County State Aid Highway No. 2 (40~ Avenue Northeast), at 44th
Avenue Northeast, and at County State Aid Highway No. 4 (49~ Avenue Northeast) -
County Road 104 (49th Avenue Northeast) in accordance with the terms and conditions
set forth and contained in Agreement No. 80793M, a copy of which was before the
Council.
BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to
execute such agreement and any amendments, and thereby assume for and on behalf of the City
all of the contractual obligations contained therein.
Dated this llth day of September, 2000
Offered by:
Second~xt by:
Roll Call:
CITY OF COLUMBIA HEIGHTS
BY
Mayor
Patricia Muscovitz, Deputy City Clerk
Minnesota Department of Transportation
Metropolitan Division
Golden Valley Office
2055 North Lilac Drive.
Golden Valley, MN 55422
Telephone No. 763.797.3140
Facsimile No. 763.797.31 S2
e-mail: michacl.gerbensky@dot, state.mn.us
August 28, 2000
Mr. Kcvin Hansen
Director of Public Works
City of Columbia Heights
590 40~ Avenue NE
Columbia Heights, Minnesota 55421-3835
RECEIVED
30. 20O0
PUBLIC WORKS
Subject:
S.A.P. 113-010-010 (TH 47)
C.P. 9920
Internally Lit Signs
Traffic Control Signal Agreement No. 80793M
Dear Mr. Hansen:
Enclosed please find 4 original copies of Traffic Control Signal Agreements and
recommended council resolutions for your review. Once the agreements have been
approved, please present them to the proper officials for execution. Each orighaal
agreement must be accompanied by an original coundl resolution. Each orlgiaal
agreement and resolution must be executed in accordance with the attached
instruction sheet. Please expedite the process as the project has already been awarded.
When the agreements and resolutions have been fully executed by Mn~DOT, original
copies will be returned to the city of Columbia Heights.
If you have any questions or if I can be of further assistance, please feel free to contact
me.
Sincerely,
Minnesota Department of Transportation
Michael P. Gerbensky, P.E.
Division Signal Design Engineer
Enclosures:
Agreement/Resolution Instruction Sheet (4)
Original Agreements/Recommended Resolutions (4)
An equal opportunity employer
MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 80793M
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
THE CITY OF COLUMBIA HEIGHTS
Provide Maintenance and Electrical Energy for the new Internally
Illuminated Signs at the existing Traffic Control Signals on
Trunk Highway No. 47 (University Avenue) at 37~h Avenue
Northeast, at County State Aid Highway No. 2 (40~h Avenue
Northeast), at 44~h Avenue Northeast, and at County State Aid
Highway No. 4 (49~h Avenue Northeast) - County Road 104 (49~
Avenue Northeast) in Columbia Heights, Anoka County, Minnesota.
S.A.P. 1/3-010-010
C.P. 9920
Prepared by Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE
None
A/~OUNT ENCUMBE~
None
Otherwise Covered
THIS AGREEMENT is entered into by the Minnesota
Department of Transportation, (State) and the City of Columbia
Heights, (City) .
RECITALS
Minnesota Statutes Section 161.20 authorizes'the
Commissioner of Transportation to enter into agreements with a~y
governmental authority for the purpose~ of constructing,
maintaining and improving the Trunk Highway system.
The parties desire to install new internally
illuminated signs, (Internally Illuminated Sign(s)), at the
location(s) set out in this Agreement.
The City and State will participate in the maintenance
and opera~ion .of the new Internally Illuminated Signs.
CONTRACT
_ 1. The City will prepare the necessary plan,
specifications and proposal, (Preliminary Engineering).
will also perform all necessary construction inspection,
(Engineering and Inspection).
2. The City, with its own resources or by contract,
will install new Internally Illuminated Signs at the existing
The City
80793M
--1--
traffic control signals on Trunk Highway No. 47 (University
Avenue) at 37th Avenue Northeast, at County State Aid Highway
No. 2 (40=h Avenue Northeast), at 44th Avenue Northeast, and at
County State Aid Highway No. 4 (49=h Avenue Northeast) - County
Road 104 (49=n Avenue Northeast) pursuant to State Aid Project
No. 113-010-010 and City Project No. 9920, all at the cost and
expense of the City.
3. The construction work will be under the direction
and supervision of the City. The State will have the right to
periodically inspect the construction work.
4. The City will pay all monthly electrical, service
expenses necessary to operate the Internally Illuminated Signs.
5. Upon completion of this project, the City will, at
its cost and expense, maintain and keep in repair the new
Internally'Illuminated Signs.
6. All maintenance and operation terms (including
timing), and the power provisions of the .existing traffic control
signals ~rovided for in Paragraph 2, will remain as provided for
in the existing Agreements.
7. Each party will be solely responsible for its own
acts and omissions, and the results thereof, to the extent
authorized by law. The State's liability is governed by'the
Minnesota Tort Claims Act, Minnesota Statutes Section 3.736.
80793M
--2--
Each party will be solely responsible for its Own employees for
any Workers Compensation Claims.
8. Any amendment to this Agreement must be in Writing
and will not be effective until it has been executed and approved
by the same parties who executed and approved the original
Agreement, or their successors in office.
9. If the State fails to enforce any provisions of
this Agreement, that failure does not waive the provision or its
right to enforce it.
10. This Agreement contains all negotiations and
agreements between the parties. No other understanding regarding
this Agreement, whether written or oral, may be used to bind
either party.
11. MinnesOta law governs this Agreement. Venue for
all legal ~roceedings arising out of this contract, or its
breach, must be in the.appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
_ 12. This Agreement is effective on the date the State
obtains all required signatures under Minnesota Statutes 16C.05,
Subdivision 2, and will remain in effect until terminated by
written agreement of the parties.
80793M
--3--
APPROVED AS TO FORM:
CITY OF COLUMBIA HEIGHTS
City Attorney
By:
Mayor
Date-
By:
(City Seal)
City Manager
Date-
DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL:
Assistant Division Engineer
COMMI~S~0NER OF ADMINISTRATION
As delegated to Materials
Management Division
By:
Date-
~DEPARTMENTOF TRANSPORTATION
By:
Assistant Commissioner
Date-
ATTORNEY GENERAL
As to form and executiOn
By:
Date-
80793M
--4--
RESOLUTION
BE IT RESOLVED that the City of Columbia Heights enter into
an agreement with the State of Minnesota, Department of
Transportation for the following purposes, to wit:
To provide maintenance and electrical energy for the
new internally illuminated signs at the existing
traffic control signals on Trunk Highway No. 47
(University Avenue) at 37=h Avenue Northeast, at County
'State Aid Highway No. 2 (40=h Avenue Northeast), at 44=h
Avenue Northeast, and at County State Aid Highway No. 4
(49=h Avenue Northeast) - County Road 104 (49=~ Avenue
Northeast) in accordance with the terms and conditions
set forth and contained in Agreement No. 80793M, a copy
of which was before the Council.
BE IT FURTHER RESOLVED that the proper City officers be
and hereby are authorized to execute such agreement and any
amendments, and thereby assume for and on behalf of the City all
of the contractual obligations contained therein.
State of Minnesota
County of Anoka
City of Columbia Heights
CERTIFICATION
I hereby certify that the foregoing Resolution is a
true and correct copy of a resolution presented to and adopted by
the Council of the City of Columbia Heights at a duly authorized
meeting thereof held an the day of .., 2000,
as shown by the minutes of said meeting in my possession.
City Clerk-Treasurer
(Seal)
CITY COUNCIL ]~ETTER
M¢¢tin§ o£: 9/11/00
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: ''~' '~ PUBLIC WORKS~ ~f.~~
ITEM: ADOPT RESOLUTION DESIGNATING A BY: K. Hanse~~ BY:
CHANGE IN ZONE 5 BOUNDARY OF STREET REHAB DATE: 9/6/00~ DATE:
PROGRAM TO INCLUDE JACKSON POND AREA
Bsck~round:
Public Works Engineering is beginning the process of evaluating streets in the next zone of the annual Street Rehabilitation
Program, Zone 5, scheduled for improvements in 2001. The Zone 5 boundary is generally described from 48~ Avenue on the
north, Central Avenue on the east, University Avenue on the west and 44~ Avenue on the south.
AnalysJs/Conclu~ions:
At the May 8~ City Council Meeting, staff was directed to prepare plans for the replacement of thc fencing surrounding Jackson
Pond. A sepazate, but utility related issue is the NEI Transition Block Redevelopment and public concerns regarding the sewer
system(s) in that area, which are tributa~ to Jackson Pond. The Jackson Pond area was a major study area in the 1999 City-wide
Storm Water Engineering Reports. As the initial street evaluations are now being made, it appears Street improvements made due
to drainage considerations will likely impact Jackson Pond fencing, possibly in more than one location. For these reasons, staff is
recommending adding the Jackson Pond area to the Zone 5 area and incorporating the fencing with the same street improvements.
Recommended Motion: Move to waive the reading of Resolution No. 2000-62, there being ample copies available to the public.
Reeom~nd~d Motion: Move to adopt Resolution No. 2000-62 approving a change in Zone 5 Street Rehabilitation boundary to
add the following area: Quincy Street to Central Avenue north of41~ Avenue and to include fencing replacement at Jackson Pond
in the Zone 5 Street Rehabilitation Program.
r,~.'jb
Attachment: Resolution
COUNCIL ACTION:
RESOLUTION NO. 2000-62
BEING A RESOLUTION DESIGNATING A CHANGE
IN ZONE 5 BOUNDARY OF STREET REHABILITATION PROGRAM
TO INCLUDE JACKSON POND AREA
WHEREAS, the City of Columbia Heights is in the process of evaluating streets in Zone 5 of the
annual Street Rehabilitation Program, and
WHEREAS, the City Council of Columbia Heights, at its May 8, 2000, meeting was directed to
prepare plans for the replacement of the fencing surrounding Jackson Pond, and
WHEREAS, the City of Columbia Heights has determined that street improvements will impact
sewer systems in the area and impact Jackson Pond fencing,
BE IT RESOLVED THAT the City of Columbia Heights determines that a Change in Zone 5
Boundary of Street Rehabilitation Program be authorized, adding the Jackson Pond area to the
Zone 5 area and incorporating the fencing with the same street improvements.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA: That said designation of the boundary in Zone 5 of Street
Rehabilitation Program be changed to include Quincy Street to Central Avenue north of 41't
Avenue and to include fencing replacement at Jackson Pond in the Zone 5 Street Rehabilitation
Program.
Dated this 11* day of September, 2000.
Offered by:
Seconded by:
Roll Call:
CITY OF COLUMBIA HEIGHTS
By:.
Gary Peterson, Mayor
Patricia Muscovitz, Deputy City Cleric
CITY COUNCIL LETTER
Meefin ~f: Sq~t~mber 11, 2000
ORIGINATING DEPT.: ~ .~CIT~ MANAGER
AGENDA SECTION: Consent L{ _/~ _ ~ t/ Community Development APPROVAL
ITEM: Variance BY: Tim Johnson
NO: Case # 2000-0923, 825 51'~ Avenue NE DATE: September 7, 2000
Issue St _a~ement:
St. Timolhy's Lutheran Church is requesting a twenty-one (21 ) foot front yard setback variance to allow for a new
electric lighted monument sign thirty-two (32) square feet in size to be placed nine (9) feet from front property line
at 825 51= Avenue NE.
Section 9.117A(13) of the Columbia Heights Zoning Ordinance requires that freestanding signage meet the same
setbacks as slructures from property lines. The prior freestanding sign was set back at 8.4 feet from front property
line before it was destroyed by a vehicle in 1997. The purpose of the request is to install atlractive ground level
monument type signage that will be visible to passing vehicles.
Analysis:
Section 9.105(3)(d) of the Zoning Ordinance states the following: "In recommending a variance, it shall be found
that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil
conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using
his lot in a manner customary and legally permissible within the rules of thc zoning district." In order for a variance
to be grmted, hardship needs to be established. There appear to be unique circumstances in question to justify
granting of this variance in relation to placement of the sign. The s/gn could be phced on the site to meet the thirty
(30) foot setback, but by so doing would put the sign in the parking lot. A monument type sign would obviously not
be conducive in this location, and would also interfere with exist/nE parking stalls. The sign, if setback at thirty (30)
feet would also be somewhat obs~a'ucted by a row of ~rees to the east of the si~n location. According to the
definition of hardship from the ordinance, there would appear to be some legitimate hardships for granting this
variance. Staff has researched other cities sign ordinances and found a common setback for institutional signage to
be ten (10) feet from property line, which would be consistent with this proposal.
Recom .me. ndation:
The Planning and Zoning Commission held a Pubhc Hearing for the request on September 5, 2000. They voted
onanlrtlously to reconlmend City Council approval of a twenty (20) foot front yard setback variance, rather than a
twenty-one (2 l) foot variance as St. Timothy's had originally requested at 825 5 l't Avenue NE. The hardship was
due to location of existing parking area, and partial obstruction of sign if placed to meet setbacks, and the proposal
would be in keeping with the spirit and intent of the ordinance.
R_~ommended Motion:
Move to approve the twenty (20) foot front yard setback variance at 825 51't Avenue NE as the variance would be
in keeping with the spirit and intent of the ordinance and the proposal has challenges unique to the property in
question that would justif3r a hardship.
.4ttachments: Staff Report; Completed application form; Survey; Site Plan; Sign Drawing; Narrative; Public Notice
COUNC~ ACTION:
Case: 2000-092.3
Page: 1
STAFF REPORT TO ~ PLANNING AND ZONING COMMISSION
FOR THE SEPTEMBIgR 5, 2000 PUBLIC HEARING
Case #: 2000-0923
INFORMATION
Owner: St. Timothy's Lutheran Church Applicnnt:
Address: 825 51~ Avenue NE
Columbia Heights, MN 55421
571-9721
Phone:
Parcel Address: 825 51't Avenue NE
Zoning: R-3, Multi-Family
Comprehensive Plan: C, Commercial Land Use for current Comp. Plan
Same
Surrounding Zoning
and Land Uses:
Zoning
North: RB (Retail Business)
South: R-l, R-2
East: RB (Retail Business)
West: Park
Land Use
North: Commercial
South: Residential
East: Residential; Commercial
West: Park (tennis courts)
BACKGROUND
/Exp_ lanation o_f Request:
St. Tin~thy's Lutheran Church is proposing to'place an new electric lighted monument type sign
measuring thirty-two (32) square feet, nine (9) feet from the front property line at the location
above. This sign is being proposed to replace a prior sign that was destroyed by a vehicle in
1997. The prior sign was approximately 8.4 feet from the front property line facing 51~t Avenue.
A variance oftwenty-o, ne (21) feet is being requested to allow for the proposed sign to be placed
nine (9) feet from the front property line,.as the ordinance requires a thirty (30) foot setback for
freestanding signage. The ordinance in question is 9.117A(13), which requires that freestanding
There were some previous Planning and Zoning Commission eases at this site. There was a prior
Case: 2000-0923
Page: 2
rezoning, a lot split, a conditional use permit, and a site plan review done in 1997. However,
none are relevant to this request.
ANALYSIS
Surrot~ding Pro_verily_:
The surrounding property to the north and east is zoned Commercial and is used for Commercial
purposes. The surrounding property on the south is zoned both as R-1 (single-family), and R-2
(two-family), and is used residentially. The prope.~ on the west is zoned as Parks, and is used as
a Park.
Technical Rg~iw~:
Freestanding Signs are regulated under Section 9.117A(7) of the Zoning Ordinance.
Requirements are as follows.
· One institutional sign not to exceed thirty-two (32) square feet per surface and limited to
two (2) surfaces. The proposed sign which is thirty-two (32) square feet meets this
requirement.
· The maximum height of a sign, including its structures, shall not exceed eight (8) feet
above the grade at street level, or at the base of the sign, whiche~/er is higher. This
requirement will be met as the height will be approximately six (6) feet above grade.
· Front yard setback shall be a minimum of 30 feet from front properly line. The proposed
sign will be nine (9) feet fi'om the fi'ont p .mperty line.
· The minimum front yard requirements for freestanding signs shall be the same as that
required for any other structure within the zone where such sign is located. The pwposed
sign will be setback nine (9) feet from the front property line.
All illuminated signs shall be shielded in such a way as to protect the rights of adjacent
property owners from nuisance. The sign will be illuminated and shielded.
No animated signs shall be permitted. None proposed.
With ~e exception of the front yard setback .requirement, the proposal meets the minimum,.?
requirements of the Zoning Ordlnallce. As mentioned above, thoprior ~ sign was
· sign was also further west from where.the proposed sign will.be placed (see'~~¥t~'plaii~.
Section 9.105(3)(d) states the following "In recommending a variance, it shall be found that by
reason of narrowness,, shallowness, or shape of lot or where by reason of exceptional topography,
soil conditions, tree number or location or water conditions the owner of such lot would have an
undue hardship in using his lot in a manner customary and legally permissible within the rules of
the zoning district."
Staff'has'visited the'site and believes that a hardship'.~fists tn.~lation to th'eplacement ~.the
sign. The sign could be placed on the Site to meet .thc~,~)~.foot setback, but by so doing
would put the sign in the parking lot. A_._mon.um...~.,'.t~ ii~"~"~d'-0"b~°USly hot be'Conduce'ye
in this location,' and would also interfere withek~g~g stalls. The sign would appear to
Case: 20000923
Page: 3
be
~~Ce ~te, ~$ monm~t ~ si~ pm~ woMd be a race ~cm~t to ~e
pmp~, ~d woMd pm~de n~ ~sibiliW for p~sMg veMcl~.
~ m~fion~ ~ve, ~p ne~ to be ~hsh~ for a v~ce to be ~t~. S~fion
9.10~(~)(d) of ~e Zo~ ~ce ~ $mt~ ~ ~ Commi~ion ~ h~ r~u~ ~or
~orc~t wo~d ca~e ~due h~Mp b~a~e of c~um~ ~que to ~e M~d~
pmp~ ~ co~id~on ~d to ~o~d v~c~ oMy wh~ it is dmo~t~ ~t ~ch
Section 1 of the Zoning Ordinance identifies the intent and purpose of the Ordinance. Four of
the purpose statements are identified below:
* protecting the public health, . safety, and general welfare;
· dividing the City into zones and districts restricting and regulating therein the location,
height, number of stories, size of buildings and other structures, the percentage of lot
which may be occupied, the size of yards and other open spaces, and the density and
distribution of population;
· pwviding adequate light, air, and convenience of access to property; and,
· preventing overcrowding of land and undue concentration of structures by regulating the
use of land and buildings and the bulk of buildings in relation to surrounding land and
buiklings.
Comvliance with City Comoreh~nsive Plan:
The ~ity COmprehensive Phn designates this area for future Commercial Development. The
proposal does not impact the goals and objectives of the City Comprehensive Plan.
· Tile positive aspects of this proposal are as follows:
1.
The proposal will allow for a freestanding monument type sign to be completely visible ..
to pa.ss~ vehicles.
The proposed fre~anding monument ground sign will be aesthetically and
architecturally apPealing.
The negative aspects of this proposal are as follows:
1. The proposed sign will intrude into the required setback area.
CONCLUSION
Case: 2000-0923
Page: 4
Staff Recommendation: .
Staff l'eCommends approval of ~e variance request, but recommends that the proposed
freestandlag ~ be Placed a minimum often (10) feet from frontproperty line, rather
than t~e nine (9) feet proposed. This proposal appears to be in keeping with the spirit and intent
of the ordinance, and is consistent with other cities sign ordinances. Staffhas spoken with church
staffand informed them of staff recommendation. Staffhas received no objections to this
request aa yet. ~-"
Recommended Motion:
Move ~o recommend City Council approval of a twenty (20) foot variance request aa a h~dship
exists for placement of the proposed sign, and the~)roposal is in keeping with the spirit and intent
of the ordinance.
Attachments:
· Completed application form; Applicant Narrative; Site Survey Plan; Plat Map; and Public
Notice; Sign schematic
Ru~ ~9 O0 03:13p p.1
st ewart
ALTERNATE
HEADER
1811
WITNESS STANDARD
CABINEr SIZE: 4~(8'
I
or COLU A
Appl£cat£on ~or:
Rezoning
Variance
Privacy Fence
Cond£tionaL Use Permit
Subdivision Approval
Site Plan Approval
Other '.
Application Date: 8-16-,00
Fee: $100.00 Date
R.c. pt .o..
1. Street Address of Subject Property:
2. Legal Description of Subject Proper~y:
£×cept the north 3.6 acres thereof, Anoka County. Minnesota.
Applicant:
Name: Stt Timoth~'s Lutheran Church..
Address: 825 - 51st Ave,~ N,~,
Phone: 763-571-9721
825 - 5!st Avenup N.E.
Lots 7'~18~ Auditor's Subdivision
Owner:
Name: Same
Address:
Phone:
5. Description of Request: Placement of electric siqn 9 feet from the orooerty line.
Zontnl=
.Applicable City Ordinance Number
Present Zoning:__ '~
Present Use
Section
Proposed Zoning
Proposed Use
7. Reason for Request:
ComPliance with the City Ordinance outs the sign in
bituminous of the oarkino lot and
8. F..xhib£ts Submitted (maps, diagrams, etc.) Survey Site Plan
9. cknovled nt and Si ature~ The undersi~ned hereby represents upon all of the
p~s ~fiav, for the purpose of inducing the City of Columbia Heights to take the
action herein requested, that all statements herein are true and that all vork herein
mentioned Will be done in accordance with the Ordinances o£ the City of Columbia Heights
and the lays of the S tate~?, ot~ ~.,
Signature of Applicant:~ Dates 8-1(~-00
id~'nt' Taken By:
Congregation Pres
St. Timothy's Lutheran Church
825 - 51't Avenue N.E.
Columbia Heights, MN 5542'1-~1799
Pastor Robert Lyndes
763-571-9721
August 16, 2000
City of Columbia Heights
Attn: Tim Johnson
City Planner
590 - 40a Avenue N. E.
Columbia Heights, MN 55421
Dear Mr. Johnson:
This is a request for a variance to replace our church sign that was destroyed by a
vehicle in 1997. Our original sign for over 30 years was approximatelY 8.4 feet
from the property line on 51~ Avenue N.E.
We are requesting permission to place a new lighted 4' X 8' sign. which would be in
compliance with the City Sign Ordinance, east of the old sign, nine feet from the
prol~erty line, as shown on the survey drawl. 'ng attached.
It is our intent to be in compliance with the City Ordinance but by so complying, it
would put our sign in our parking lot if it were placed 30 feet from the property line.
This sign needs to be placed in the area requested in order to be completely visible
by passing vehicles. It appears that the trees to the east would obstruct a portion
of the sign if it were moved any further north than the nine feet from the property
line as requested.
Weappreciate your attention to this request. If the variance is granted, this would
allow placement of the sign this fall. I can be reached dudng the day at my office
'at 651-484-3301 if anything further is nc~ed. Thank you.
Karen M. Torger~e'n
Church Congregation President
CITY OF COLUMBIA HEIGHTS
III J ~ I I I I I I II II
590 AOq'H AVENUE N,I=., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-28OO TOD 782-2~Em
PLANNING AND ZONING COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning and Zoning Commi~on will conduct a public hearing in the City Council Chambers of
City Hail, 590 N.E. 40th Avenue, at 7:00 prin. on Tuesday, September 5, 2000. The order of business is as follows:
A request for a nine (9) foot setback variance from the front property line of St. Timothy's Lutheran Church,
825 N.~ 51" Avent~ to ~low the pla~'n~nt of a fl~ton~ ~.
Section 9.109(4)(a)(iii) of the R-3 Section of the Zoning Ordinance requires that the front yard setback be
thirty (30)feet.
Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may
contact Tim Johnson, City Planner, at 763-708-3873.
Planning and Zoning Commission
CITY OF COLUMBIA HEIGHTS
Walt Fehst
City Maaager
kp
The City of Colmnbia Heights does not discriminate on the basis of disabilty in the admission or access to, or treatment or
employment in, its services, programs or activities. Upon request, accommodation will b8 provided to allow ind'widuais 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 706-3811, to make arrangemonts. (TDD/706-3692 for deaf or heBring impaired only.)
THE CiTY OF COLUMBIA HEIGHTS OOES NOT DISCRIMINATE ON TH~" BASIS OF OlSAIIILI'r'Y IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL, OPPORTUNII'Y I~MPLOYI~R
Z
1S NOS),iO~'P
IS
30~INOPq
!~
! ! ! !
·
I
I I
I
CITY COUNCIL LETTER
Meetin ~.~of: September 11 ~ 2000
ORIGINATING DEPT.: ~" ~
AGENDA
SECTION:
Consent
CITY MANAGER
"t'-l- A - I"b Community Developxncntt' APPROVAL
1TEM: Conditional Use Permit BY: Tim ,ohnson
NO: Case# 2000-0922, 5101 University Ave NE DATE: September 7, 2000
Issue Statement: Jeffery Bauer of 30 Minute Auto is requesting a conditional use permit (CUP) to conduct motor vehicle
sales in addition to auto repair at the current 30 Minute Auto site.
Back~round: This apphcation will allow for the new owners/operators of 30 Minute Auto Repair to continue auto repair and
used vehicle sales at the location above.
Analysis: According to Section 9.113(2)(g) of the Retail Business District Requirements; a CUP is required for "Motor fuel
stations (minor) and major fuel stations with minor repairs (not to exceed four bays) subject to Section 9.117."
According to Section 9.113(2)(k) of the Retail Business District Requirements; a CUP is required for "Vehicles not to exceed
2 tons, for sale in conjunction with only automobile repair businesses which do not sell fuel, provided that the following
requirements are met: 1. Parking area for car sales cannot eliminate required parking spaces for primary use; 2. No more than
ten vehicles can be displayed for sale at any one time; 3. Traffic flow on lot, lighting, parking lot striping must be approved
through the Conditional Use Permit process before approval for such operation can be granted; 4. Size, type and style of any
signage for such vehicle must be within vehicle at all times and approved by staff; 5. All required state and local licenses
must be obtained."
The applicant is not proposing any physical changes to the exterior of the building. However, the new owner has proposed to
install security cameras on site to prevent theft and damage to vehicles parked outside. The Zoning Ordinance requires that
this business provide at least twelve (12) parking spaces, of which seven (7) spaces will be used for the display of used vehicle
sales. The site plan submitted shows approximately thirty-five (35) off-street parking spaces, The vehicles for sale will be
located at the front of the lot facing 51~ Avenue and University Avenue, thereby maintaining consistency in appearance.
There is an existing trash enclosure that will be moved and fully enclosed on the north side of the building. There is also an
existing privacy fence that provides separation from adjacent residential properties.
Reeomme~at~0n: The Planning and Zoning Commission held a Public Hearing for the request on September 5, 2000.
They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the conditions listed
in the recommended motion.
Recommended M ~tion:
Move to approve the Conditional Use Permit for the new owners/operators of 30 Minute Auto at 5101 University Avenue NE
to allow for auto repair and used vehicle sales to continue, subject to the following conditions:
All required state and local codes, permits, hcenses and inspections will be met and in full compliance.
The screening requirements of the Zoning Ordinance for fencing and trash enclosure shall be in compliance.
Used vehicle sales shall be limited to a maximum of ten (10) vehicles, and vehicle signage must be displayed within
vehicle at all times.
Attachments: StaffReport; Completed application form; Site Plan; Narrative; and Public Notice
ICOUNCIL ACTION:
H:Tim'~FilesCCCUP30MinAuto
Ca~: 2000-0922
Page: 1
STAI~ REPORT TO ~ PLANNING AND ZONING COMMISSION
FOR ~ SEPTEMBER 5, 2000 I~'BLIC t~,RING
Case #:
2000-0922
GENERAL INFORMAtiON
Owller:
Address:
30 Minute Auto Service
5101 University Avenue NE
Columbia Heights, ~ 55421
(763) 586-9797 ..
,, Applicant: SefferyBauer
Parcel Address: 5101 University Avenue NE
Zoning: RB Retail Business District
Comprehensive 'Plan: C - Commercial
Surrounding Zoning.
and Land Uses:
Zoning'"
North: KB; R-3
South: KB
East: R-2
West: City of Fridley
Land Use
North: Residential; Commemial
South: Commercial
East: Residential
West: City of Fridley
BACKGROUND
Eowlan~'on o£ Reaue~t:
The applicant requests a Conditional Use Permit to allow for a new owner/operator to conduct
motor vehicle sales and auto repair at the current 30 Minute Auto site:
A prior ~onditional us~ p~a'mit was.issued to James Eng in September 1996 to allow for used
motor vehicle sales in conjunction with an Auto Repair Business.
ANALYSIS
surrounding Provertv:
The surrounding property to the north and south is zoned as KB and is used commercially. The
property to the east is zoned as R-2 and is used residentially. The property to the south is in the
City of Fridley.
Technical Review;
According to Section 9.11
Permit is required for "Motor fuel stations (minor) and major fuel statio~ with minor repairs
(not to exceed four bays) subject to Section 9.103(63)."
According to Section 9.113(2)(k)of the Retail Business Section of the Zoning Ordinance States
that a'Conditional Use Permit is required for "Vehicles not to exceed 2 tons, for sale
conjunction with only automobile repair businesses which do not sell fuel, provided that the
following requirements are met: 1. Parking area fOr car sales cannot e~te required p~rldng
spaces for primary use; 2.. No more than~ten vehi.c, les can be displayed for sale at any one time;
3. Traffic flow on lot, lighting, parting lot striping mu~t be approved through the Conditional
Use Pcnnit process before approval for SUch operation can be granted; 4. Size, type and style Of'
any signage for such vehicle must be within vehicle at all thnes'and approved by stafl~ 1/. All
required state and local licenses must be obtained".
The setback Of any canopy or weather protection, freestanding or projecting from the
station structure shall not be less than ten (10) feet from the street right-of-way line nor
less than twenty (2.0) feet from an abutting property line. The existing canopy meets and
exceeds these requirements.
The sale or rent of motor vehicles, trallei's, campers, boats, and other items which are not
kept entirely within the building shall require an approved open sales lot. Used car sales
are proposed and the ~.'sting sales lot had prior conditional use appwval.
A minimum ten (10) foot landscaped yard shall be provided along all abutting public
fight-of-way lin~s, except where approved driveways occur. This requirement is met.
All goods offered for sale on the motor fuel station site other than' those generally required
for the operation and maintenance of motor vehicles shall be stored, sold and displayed
within a bui!' ding. This requirement will be met.
All Wash, waste material and unwanted motor vehicle parts shall be stored within a
separate enclosure behind the building. The trash is currently stored in an enclosure
Case: 2000-0922
Pnge: 3
behind the building.
AH outside'parking spaces shall be located to the side and/or rear of the principal building.
The parking arrangements shall continue as exist tOday and per site plan submitted.
· ' The outside lighting system shall be approved by the City and shall be so designed, to
prevent any undue light therefi'om being directly visible from the public right-of-way or
abutting lots. The new owners are not proposing any changes to lighting, as the lot is
cun, ently lit during the evenings for security purposes, and does not shine onto adjacen~
residential properties.. -, ~
Wherever a motor fuel station abuts an "R" District, a fenCe not less than fifty (50) percent
opaque nor less than six (6) feet high shall be erected and 'the and
rear' line that abuts
· Minor motor fuel station sha!!,....have two service stalls, one of which may have an
automatic or. semi-automatic auto wash installed, provided the station can accommodate
six (6) off-street parking spaces in addition to those required herein. The entrance doors
' for'the Service stalls shall not face toward the principal strc'et on which the'stationii' ~:'i
located~ This station Currently has three (3) service stalls, and'haS twentyreight (28~ .+ off-
street parking spaces. The existing service .stalls face toward the frontage road as the
building is considered legal non-conformi~'g.
· Access or ingress curb cuts to a motor fuel station shall not be less than ~ (50) feet fi'om
the curb line intersection on secondary thoroughPares and eighty (80) feet on major
- thoroughfares. No curb cuts are proposed as curbcuts are existing. "'
/The Zoning Ordinance requires that this business provide at least twelve (12) parking spaces on~
[ site. According to the site plan, there are thirty-five (35) + off-street parking spaces, of which
[ seven (7) spaces will be used for the display of used vehicle sales. The vehicles for sale will be
~ located at the front of the lot facing 5 l~t Avenue and University Avenue, thereby maintaining
~ consistency in appearance. Staffwill require that the vehicles for sale display their signage and
! identification in the vehicle at ill times.' Staffhas visited the site and has relatively few conc .ems
/ as the current type of business will not change. There is also adequate ingress and egress on site
· and off-street parking e~ceeds requirements. ' . ·
Comt~liattce With CRv Comvrehensive Plan'
The City Comprehensive Plan designates this area for commercial use. The proposal should not
negatively impact any nearby residential areas as the current use will continue and will be
consistent with the 'City Comprehensive Plan.
Case: 2000-0922
Page: 4
The positive aspects of this proposal are as follows:
1. The proposal is consistent with the City Comprehensive Plan and m/n/mm requirements
of the Zoning Ordinance are met as the current use will be continued.
The ne/ative aspects of this proposal are as follows:
1. There do not appear to be any negative aspects to this proposal proirided the applicant
complies, with required conditions.
~ CONCLUSION
Sta~ R ecommendation :
S~ffre~mmends~f the Conditional Usg Permit to allow the new owner/operatOr of 30
'Minute Auto at 510TU-~versity Avenue NE, to continue operations of auto repair and used
vehicle sales..
Mo.ve to recommend City Council approval of the Conditional. Use Permit to allow for auto repair
and used vehicle sales to continue, subject to the following conditions: '
1. All required state and local codes, permits, licenses, and inspections will be met and in full
: compliance.
· . All screening requirements of the Zoning Ordinance ~or
': ' be in COmpliance, · · ·
· . Used vehicle sales shall be limit.ed to a maximum often (10) Vehicles, and Vehicle signage
must be displayed within vehicles at all tin!~es. '
H:\T'tm's fileS~2,000 P&Z Comm~2000-092230MntAumCUP
CITY OF COLUMBIA HEIGHTS
ApplicatLon
RezoninS
Variance
Privacy Fence
Conditional Use Permit
Subdivision-Approval
Site PlanApproval
O~her
Street Address of Subject Property
Legal Description o£ Subject'Prop~r~y..
3. Aoolicant, . 4. Owner.-
Address: ~ Addresst~~~3~~
Phone=
Phone
.~...Description of Request: Con,dl.tiooai~U~se P'e~mit ','-
. - ~- ~;?' !::'.( ~ ~ ' .......... .:.
6. Zoning:
Applicable City Ord/nance Number
Pre,ent Zoning' ~
Section
Proposed Zoning ~/A
7. Reason for Request=
to condUct auto repair and motor vehic]e sales on site
8. Exhibits Submitted (maps, diagra~s,
?
etc. ).
9. Acknowled nt and Si ture: The undersi~ned hereby represents upon all of ~he
penalties of law, for ~he purpose of /nducing the City of Columbia He£~hts to take ~he
action here~n requested, that all statements here~n are true and that all york herein
mentioned rill be done in accordance vith the Ordinances o~ the City of Columbia Heights
and the lay. of the State of~/~_/
Sisnatur. of Appl£cant~ D.~.: '%7/I
Taken By=_ ., ....
$0 Minute
Auto Service
5101 University Ave. NE
Columbia Heights, MN 55421
Phone (763) 586-9797 Fax (763) 571-0231
www.3Omlnutemuffier, com
Re: Condition use permit
I am in the business automotive repair and sales. We engage in all types ofrepair from
simple oil changes to engine replacement. I am. an ASE Certified Auto Technician, I will
only be hiring ASE Teehs, to up hold the highest standard of automotive service. I gotten
all necessary certificates except hazardous waste generator license which I will be getting
in the next following weeks. We also. are going to be engaged in used ears sales. My only
motivation for selling cars is to offset the enormous overhead cost as state by the former
owneL
H.A.W. Enterprises, Inc. DBA 30 Minute Auto Service
City OF COLUMBIA HEIGHTS
II II I
$90 40TN AVENUE N.E., COLUMBIA HEIGHT=, MN 55421-3878 (612) 782-2800
PLANNING AND ZONING COMMIS$10N
NOTICE OF pUBLic HEARING
Notice is hereby given that the Planning and Zoning Commission will conduct a public heating'in the City Council chambers of
City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, September 5, 2000. The'order of business is as follows:
A request for a Conditional Usa Permit to a new owner/operator of 5101 University Avenue N.E. to allow .
motor vehicle sales and auto repair at the site. -'
Section 9.113(2)(g) of the Retail Business Section of the Zoning Ordinance states that a Conditional Use
Permit is required for "Motor fuel stations (minor) and major fuel stations with miner repairs (not to exceed
four hays) subject to Section 9.103(63). '" · v
Section 0.1i'3(2Xk) of the Retail Business Section of the Zoning OrdinanCe'states that a Conditional Use
Permit is required for "Vehicles not to exceed 2 tons, for sail in conjunction with only automobile repair'
busi .fie_~s which do not sell fuel, provided that the fallowing requirements are met: 1. Parking area for car
sales cannot eliminate required parking spaces for primary use; 2. No morethan ten vehicles can be
displayed f. or sale at any one time; 3. Traffic flow. on lot, lighting, parking lot Striping must be approved ·
through the' Conditional Usa Permit process' before approval for sUch operation can be granted; 4: Size, type
and styli of any signage for SUCh vehicle mr~t be'within the vehicle at all times and approved by staff; 5. Ail
required state and local licenses must be obtained". ;
Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may
contact Tan Johnson, City Planner, at 783-706-3873.
Planning and Zoning Commission
CITY OF COLUMBIA HEIGHTS
Wait F~st
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 sarvices, programs or activities. Upon request, accommodation will be provided to' allow individuals with
disabilities to participate in all City of Columbia Heights' sarvices, programs and activities. Auxiliary.aids for handicapped
persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council
Secretary at 706-3611, to make arrangements. (TDDrT06-3892 for deaf or hearing impaired only.}
TH~e CiTY OF' COLUMe41A HEIGHTS DOE:S NOT DISCRIMINATE ON THE BASIS OF' DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
LJ.J
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5249
5245
5253
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5131 5152
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5121 5124
5118
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5101 5100
5056
5052
5057 5048
5042
5052
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5051
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5(
CITY COUNCIL LETTER
Meeting off September 11 t 2000
ORIGINATING DEPT.: ~ ~ CITY MANAGER
AGENDA SECTION: Consent q -/~- [~ Community Development APPROVAL
NO: Case# 2000-0925, 5050 Central Avenue NE DATE: September 7, 2000
Issue Statement: Wendy's International is requesting a conditional use permit (CUP) to allow for a restaurant at the
currently vacant site at 5050 Central Avenue NE.
Back~round: This application will allow for Wendy's Fast Food Restaurant to open at this site, which was a former Boston
Market Restaurant. The proposed restaurant will contain approximately 88 seats, and will be open from 10:00 am till 10:00
pm and a drive-thru open until midnight daily.
Analysis: According to Section 9.113(2) of the Retail Business Zoning Requirements; 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 Dehvery
Establishments as such establishments are defined in Section 9.103(63). The applicant is not proposing any significant
sUuctural changes to the exterior of the building, although there will be an additional drive-thru window added on the south
side of the building. However, there will be extensive aesthetic changes made to the exterior of the building to achieve the
Wendy's design. There will also be interior modifications made to establish seating for eighty-eight (88) persons. These
improvements are subject to review and approval by the Building Official, Fire Department, and the Anoka County Health
Department. The Zoning Ordinance requires that restaurants provide at least one space for each three (3) seats proposed based
on capacity design. The proposed seating requires twenty-nine (29) parking spaces, with a total number of forty-one (41)
spaces proposed. Wendy's will be repaying, restriping, and replacing curb and gutter in the parking lot area. The site plan also
shows the required handicap parking space and access aisle, which will need to be revised to meet the requirements.
Freestanding signage has also been submitted at seventy (?0) square feet in size and meets the ordinance requirements. There
will also be additional directional signage installed for entrance, exit, and pick-up window. Fencing will also be replaced.
Recommendation: The planning and Zoning Commission held a Public Hearing for the request on September 5, 2000.
They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the conditions listed
in the recommended motion.
R~ommended M~Sion:
Move to approve the Conditional Use Permit to allow for a Wendy's Restaurant at 5050 Central Avenue NE, subject to the
following conditions:
2.
3.
4.
All required state and local codes, permits, licenses and inspections will be met and in full compliance.
All proposed signage must be submitted on the City prescribed application form and must fully comply with the
Zoning Ordinance.
Solid waste material shah 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.
The cedar fence on the rear of the property shall be rebuilt or replaced to maintain separation from residential
properties to buffer from noise and maintain aesthetics.
,4ttachments: Staff Report; Completed application; Site Plans; Signage; Building Floor Plans; Narrative; and Public Notice
coUNcIL ACTIgN:
H:Tim'sFilesCCCUP5050CentralAveWendy's
Case: 2000-0925
Page: 1
case #:
STAFF REPORT TO TI~'PLANNING AND ZONING COMMISSION
~oR T~. S~.~r~.R s, 2oooPu~nC~~~'
2~0-0925 ;~- ~:/~?.~ ~ /_
GENERAL INFORMATION
OWner:
Address:
Phone:
Wendy's International
5050 Central Avenue NE
Columbia Heights, MN 55421
(913) 384-3180
Applicant: Vicki VanDell
Landform Engineering
510 First Avenue North
Mpls, MN 55403
Parcel Address: 5050 Central Avenue NE
Zoning: RB, Re~ail Business
.Comprehensive Plan: C-Commercial
,::,.
Surronnding.Zoning ZOning
~d L~nd Uses:
North: RB :
South: RI5
Land Use
North: Commercial
South: Commercial
East: RB East: Commercial
West: R-2
West: Residential
BACKGROUND
E~_ lan~on of Reauest:
This is a request for a Conditional Use Permit to open a Wendy's Fast FOod RestaUrant in the
former Boston Market building at 5050 Central Avenue NE. The proposed restaurant will
contain appro~mately 88 seats and will be open from 10:00 am t/Il 10:00 pm and a drive-thru
open un~l mid~ght ~y. ....... .- .
Case H~orv:
Case 9504-12 was ~ request for Site Plan approval and a Conditional Use Permit to build a
Boston Market .Restaurant at 5050 Central Avenue NE. The most recent prOPosal was to convert
this space into a Golden China Restaurant in March 2000, but was withdrawn by the applicant.
ANALysis
Case: 2000-0925
Page'. 2
Su~oundin~ Provertv:'
The smrounding property on the north, south and east is zoned RB, Retail Business and' is used
commercially. The property to the west is residential _and is zoned residentially.
Technical Review: · "' '
The subject property is zoned RB, Retail BUSiness District, and Section 9.113(2) of the C°lumbia:
Heights Zoning Ordinance requires a Conditional Use P .ermit for restarts in the RB District.
Minimum Yard and Density Requirements are as follows:
· Lot Width shall be at least $0 feet- The subject parcel is approximately 165 feet in width.
· Lot Area shall be at least 6,000 square feet.- The subject parcel is 34,650 square feet.
· Fwnt Yard Setback shall be 15 feet -The existing structure is approximately fifty three
, ' feet from front property line. ' ~ . -- ~-.~ ' ,. ~ ,,
.There shall be at least one 10 foot side yard, the other side yard can be zero feet - Both
· side yard setbacks are approximately forty +'feet from property line. . '
Rear Yard Setback shall be 10 feet - The existing building is approximately fifty feet
· from rear property line. · .
· The floor area ratio shall not exceed 1.0 - the property does not exceed this requirement.
Need minimum frontage of 2~0 feet - subject parcel has roughly 165' feet of frontage along
· 'Central Avenue. ' '. ~' · .' ,' · '
Lighting shall not exceed 3 foOt candles at property line. ThoUgh the current site eXceeds
. · this;limit, a former Site plan ApProval allowed, for it in 1795.. i . ' · '
fThe applicant is not proposing any significant strdctural changes,'however' there will be exterior
~ changes made to the building as they pertain to redesign. There will be an additional pay window
,~ added, as well as repair of broken curb and pavement, along with seal-coating and re-striping.
! The existing fence that sits on the rear of the property will be repaired and/or replaced. The
applicants are also proPosing to erect a freestanding sign measuring approximately seventy (70)
square feet on an existing pole in the front 0fthe building. There will also be small directional
· signage installed for entrance, exit, and pick-up window.
[ requirements for a restaurant are at least one space for each three seats based on capacity ~
design. According to the floor plan, there will be 88 seats in the restaurant which requires 29
paring spaces. There are a total of 41 parking spaces on the site including two handicap
accessible parking spaces with an access aisle located on the north side of the building. However,
the access aisle shown on the site plan will need to be adjusted to eight feet in accordance with
· disability requirements, and.signage will also need to be posted in front of these handicap spaces.
Loading requirements are as follows: A load/ng berth shall not be 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 -. 6,000 square feet. There is a loading berth pwvided on the west
side of the building. 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 for
such purposes. The site plan shows an existing enclosure on the north west side of the building
Case: 2000-0925
Page: 3
which Wendy's will continue to use. The Site Plans submitted also show a lighting plan which
utilizes existing poles. A landscaping plan has also been submitted showing ornamental trees,
deciduous shn~bs, and coniferous shrubs (see plans). The current Zoning Ordinance does not
address minimum landscaping standards for commercial sites.
Staffhas received two phone calls from adjacent neighbors regarding the existing fence abuttin~
the residential properties to the west. It appears that the fence is in a state of disrepair, and the ~
neighbors wanted to make sure it was fixed. Staff assured them that this would be a condition of/
approval.
Compliance with City Cotnprehensive 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
promotos the rehabilitation of existing development land in the City. The proposal should not
negatively impact any nearby residential areas and will provide an appropriate reuse of an
existing 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 Comprehensive Plan and minimum requirements
of the Zoning Ordinance are being met.
2. The proposed restaurant will provide an appropriate reuse of the vacant tenant space.
The negative aspects of this proposal are as follows:
1. There do not appear to be any negative aspects to this request assuming conditions are
met.
CONCLUSION
Stqff Recommendation:
Staff recommends approval of the Conditional Use Permit to allow for a Wendy's Restaurant in
the., Retail Business District, subject to the conditions listed in the recommended motion. These
Site Plans have been reviewed by the Fire Department and Public Works, and there appear to be
no major concerns.
Recomn~ndcd Motion~
Move to reeo~end City Council approval of the Conditional Use Permit to allow the operation
ora Wendy's Restaurant at 5050 Central Avenue NE, subject to the following conditions:
1. All required state and local codes, permits, licenses and inspections will be met and in
full compliance.
2. All proposed signage must be submitted on the City prescribed application form and must
fully comply with the Zoning Ordinance.
3. Solid waste material shall be so located and fenced as to be removed from public view
Caso: 2000-0925
Pago: 4
and shall be kept in an enclosed building or prol~'rl¥ contained in a closed container for
such purposes.
4. The cedar fence on the rear of the property shall be rebuilt or replaced to maintain
separation from residential properties to buffer from noise and maintain aesthetics.
Attachments:
· Completed application form; Floor Plans; Sign schematics; Site Plans; Narrative; and
Public Notice
650 Butler North Building
510. 1st Avenue'North
Minneapolis, MN 55403.
phone 612.252.9070
fax 612~.252'.6077
www.landf°rm.net
E-mail: info@landform.net
August 18, 2000
Tim Johnson'
City of-Columbia Heigh~
590-4.0t~ Avenue Northe~t ' - -"
Columbia Heish~} ~ 554.21:-3878
-'l~endy's Restaurant Conyersion
LandfOrm Proje~ct Number: WE00004
Mr. Johnson:
Landfo~ Engineering Company, on behalf of the. app_licant, is pleased
to submit this Application for Conditi'onal Use Pei'iidt'an'd Site Plag~
Approval.. The subject prope .rty,'as described on the attached
16c-ated' ~°rth of 50· Street and Wes~ of ~ '"" ......... . ;;
Central'Avenue, just north of'~ .~
the existing Super Ar~erica~ '. ". ". -
Legal Description: .;
See attached
This ~roperty is zoned-Retail Busihess District (liB). The applicant is
requesting approval fora Restaurant, which is a conditional use in the
'RB Business District. The previous use (Boston Market Restaurao_ t) is
-consistent with this proposed use..Wend~s dining room is open froTM
'10:00 am fill 10:00 pm and the drive-thru is open until midnight daily.
The entire structure and'most ~f the parking'_will' remain.' There will be
an additiofial ba ;?andow added to the stm .-Ther$ Win
be repair of broken curb and pavement and Wendy's will be seal
coating the entire parking lot and re-striping. Signage for the site Will
consist of a 70.5'square foot pylon sign and some directional signage as
shown on the attached sheets. Required parking is 29 stalls and we
have 41 stalls, which is more than adequate parking.
Tim Johnson
Pal~e 2
Re:. Wendy's Columbia I-teigl~
Rub, mt ~8, 2000
The adjacent Wes in this area include'a gas station to the s6uth, dre~idential
the we~t, Central Avenue to the east, and ah existing Blockbtister Video to the
'- applicant_believes this is Use is-compatible With the surrounding uses. The site more than ~..,' ' ~- '
adequately screens the residential nmghborhood' to the west. ·
The set 0t~ architectural, engineering and lighting plans induded,in'this application show the
neces ~sarytmprovements required to facilitate the-project. We look forward to staff comments'
to further refine these documents for construction issue.
Please feel free to.contact me with any questions.
. Sincerely,' -. '- '
LANDFORM ENGINEERING COMPANY
. ' . ."l-, :.¥ ?! ' ~ ' "';To ' .- ' ." - ' ' ' ' ' '~
Vvand~ll@landform.net
Bruce Van Roekel - Wendy's
Don R01f- ArchNet -
CC-'
Landform Engineering Company, 6~ Butler Nor~ 8uildi~10 l~rst Ava~u~ North, Minneapo~, MN ~403
(612) 252°90?0, (612) 2.52-9077 fax, ~ www.landformmet
COLUMBIA HEIGHTS FIRE DEPARTMENT
TO:
FROM:
SUBJECT:
DATE:
KATHY PEPIN
GARY GORMAN~.~-
WENDYS PROPOSAL
AUGUST 22, 2000
The Fire Department reviewed the preliminary plans for the new Wendys restaurant
being proposed for the old Boston Market site. We find no problems at' this time with
· this proposal.
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CITY COUNCIL LETTER
Meeting of: September 11, 2000
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: Consent ~-A~ ~ License Department APPROVAL
, ·
ITEM: 2001 Business License Fees BY: Kathryn Pepin BY:y~7~~
NO: DATE: Au~.lSt 30, 2000
BACKGROUND
Attached is the proposed business license fees for the 2001 license year and a resolution for the same.
These fees are reviewed and discussed by the License Review Committee. They considered the fees charged by other cities, the increased
costs of staff time involved in review, processing, records checks, etc.
ANALYSISIRECOMIqENOATION
All fees will remain the same for the year 2000 with the exception of the fee for Cigarette/Tobacco SaMs and Beer and Liquor. The License
Review Committee recommends the increase from $100 to $200 for Cigarette/Tobacco Sales at this time as the costs for staff time
processing, background checks and the cost of the State mandated bi-annual compliance checks will exceed the $200 proposed fee. The
License Committee is proposing to double the fee this year with minimal increases in future years es warranted. The other increases
proposed for On SaM and Off Sale Beer and the Liquor Licenses sections are due to the fact that these fees do not currently cover the cost
of processing, background checks and enforcement. In addition, the liquor fees have not been increased for a great many years (since about
1977). The License Review Committee discussed the issue and concurred that the license fee increases are warranted. The On and Off Sale
Beer fees will increase by $50 whim the Intoxicating Liquor will increase from ~8300 to $8500 and Limited Liquor will increase from $5400
to $5500. You will also note that the new fees for On Sale Club Liquor will be as per State Statute. The investigation fees for liquor
licenses have been changed to $500 for in-state applicants and ~2000 for any out of state applicants due to the costs of background checks
which are more costly for out of state. The biggest change you will notice is that the License Committee has assigned classifications to the
liquor licenses. Class A will be for the applicant(s) that cannot meet the 80% food/liquor requirement; Class B will be for the bar/restaurant
that is in full compliance with the 60% food/liquor requirement; Class C is for hotels and bowling alleys; Class D is for new applicants where
the 60% food/liquor requirement has not been established; Class E is for Limited Liquor. The classifications were seen in ordinances from
other cities and the committee felt the Class A especially would solve our problems with those applicants where the 60% split is not in
compliance rather than place an applicant on probation and require additional work of staff. This puts the burden and responsibility on the
applicant and gives them an incentive to meet the 60% requirement. Previous experience with probation showed that it did not work.
RECOMMENOED MOTION:
Move to waive the reading of Resolution No. 2000-61 , as there are ample copies available to the public.
RECOMMENDED MOTION:
Move to approve the Resolution #2000-61 being a Resolution adopting the 2001 Business License Fee Schedule as presented.
COUNCIL ACTION:
attachments:
Resolution 2000-01
Fee schedule
RESOLUTION NO. #2000-01
ADOPTING 2001 BUSINESS LICENSE FEE SCHEDULE
WHEREAS:
Ordinance No. 853, City Code of 1977, pertaining to commercial licensing
regulations provides for the establishing of annual license fees; and
WHEREAS:
The City has participated in a survey of metropolitan municipalities regarding
business license fees charged by other communities; and
WHEREAS:
The City is attempting to maintain business license fees which are comparable
to other communities; and
WHEREAS: The City annually reviews its business license fee schedule;
NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective
January 1, 2001.
Passed this
Offered by:
Seconded by:
Roll Call:
day of ., 2000.
Mayor Gary L. Peterson
Patricia Muscovitz, Council Secretary
2001 BUSINESS LICENSE FEES
Effective Januorv 1, 2001 thro~h December 31, 2001.
CATEGORY
FEES
ARTICLE
SECTION
Amusement Centers/Arcades
(t5,000 Bondl$100 Inv. Fee) (PD)
tSO0
IV
2
Auto Recycling Dealer/Yard
($1000 Bond) PD,FD, ZA
$50O
!1
Beer Sales (PD, BI, FI)
On Sale ($150 Inv. Fee 1st time appl.)
Off Sale ($150 Inv. Fee 1st time appl.)
Temporal, Beer (per day basis)
($500 Appl. Fee; $150 I~dm~ Fee)
$46O
$150
tlO0
V
Carnivals ($500 deposit & insurance) (PD)
~50/day
V
Christmas Tree Sales (FI) (P&Z Comm)
($200 Clean-up Deposit)
$50
II
6
Cigamttas/Tobecco Sales (S&H)
$266
III
2
Contractors (Bond and Insurance)
General (if not licensed by State)
Blacktop
Excavator
Masonry/Concrete
Moving
Demolitien
Plaster/Stucco
Heating/Cooling
Gas Piping
Plumbing
Sign Installation
$5O
t50
$50
$5O
$50
~50
$5O
$50
$50
~50
$50
$5O
IV
Courtesy Benches (Insurance)(Eng. Dept.)
$251each
VI
Games Of Skill (PD)
Plus
t 15/Location
$151machine
IV
4
Kennels, Commercial (PD)
Plus, per cage
$5O
$10
VI
CATEGORY
Liquor Sales (PD, FI, BI)
Cla~ A (Inv. Fee $500-t2000)
Clee~ g (Inv. Fee $500-$2000)
Claee C (Ira. Fee S500-t2000)
Clee~ O (inv. Fee S500-S2600)
Cla~e E (inv. Fee t500-S2000)
On Sale Wine (inv. Fee t500-$2000)
Sunday Liquor Sales
Temporary On Sale (inv. Fee S500-$2000)
"Club On Sale Liquor (inv. FeeSSOO-S2000)
up to 200 mmnbers
201 to 500 membera
501 to 1,000 mmldlms
1,001 to 2,000 mem~
2,001 to 4,00O memkms
4,001 to 8,000 membra
Over 8,000 members
Massage Therapist Business (PD,ZA)
($250 Investigation Fee)
Massage Therapy, Individual (PD, ZA)
($250 Investigation Fee)
Motor Vehicle Fuel Dispensing Stations (FI)
First Metering Device
Each Add'l. Metering Device
L.P. Gas Per Metering Device
Motor Vehicb Rental/Leasing (ZA)
A. New Application
B. Renewal Application
Motor Vehicle Sales (New & Used) (PD)
Multiple Dwellings (FI,BI)
First 3-4 Units
Each Additional Unit Over 4
Re-inspection Fee for Code Compliance
Pawnbroker ($5,000 Bond/S100 Inv. Fee) (PD)
Pet Shop (PDXHumane Officer)
S6,500
S6,500
ia, on
$5,500
$2,000
t200
$1001day
Per mmnk~
$ 300
S 560
~1,000
$2,000
S3,000
t500
tlO0
~50
$10
$50
$75
SSO
$2OO
$ 50
$5
$ 70
$12,000
$50
ARTICLE
V
V
V
V
V
V
II
VI
¸VI
VI
Page 2
SECTION
3
3
3
3
5
6
12
12
4
5
9
Pool/Billiard Hall (t 100 Inv. Fee) (PD) $100 IV 2
CATEGORY
Popcorn, Candy, Food Catering Vehicles (PD)
(Insurance- Public & Vehicle Liability)
Precious Metal Dealers (~5,000 BondXPD)
($100 Mvestigation Fee)
New Applicant
Renewal
Rental Heusing Licenses
Single Family & Duplex (Per Unit Basis)
Re-Inspection Fee
$50
$300
$200
$15
$50
Secondhand Merchant Business (t5,000 Bond) ~100
(Investigation Fee $100) (PD, FI, BI)
ExldbifienlConventionlShowslExpoaltions ($5;000 Bond)
First Day $50
Each Additional Day ~ 10
Sexually Orionted/Adult Business (PD,FI,ZA,AC)
(Investigation Fee S500-$10,000)
Taxicab Driver (PD)
Taxicab Vehicle (PD)
Transient Merchant/Peddlers (PD) A. Itinerant Hawker/Peddler
B. Transient Merchant
Tree Removal & Treatment (Ins.) (PWD)
ARTICLE
VI
VI
VI
I!
II
Page 3
SECTION
6
6
4
4
$10,000 V 6
$25
$75
VI
VI
II
$501day; $ lO01mo.; t5OOlyr.
$501day; $ lO01mo.; $5001yr.
~50 VI 10
LATE PENALTY ON ALL ANNUALLY RENEWABLE FEES
1 - 15 DAYS LATE 25% PENALTY OVER ORIGINAL FEE
16-30 DAYS LATE 50% PENALTY OVER ORIGINAL FEE
OVER 30 DAYS LATE LEGAL PROCEDURES BEGUN.
PD
BI
S&H
ZA
DEPARTMENTS RESPONSIBLE FOR APPROVAL OF LICENSE
Police Department
Building Inspector
Safety and Health Inspector
Zoning Administrator
FI
PWD
CF
AC
Fire Department
Public Works Dpt
City Forestor
Anoka County
All New Licenses Must Have Zoning Admird;trator's AoDroval.
CITY OF COLUMBIA HEIGHTS
LIQUOR LICENSE CLASSIFICATIONS AND FEES
CLASS A:
Percent of food in Food/Liquor split Mss than 60%.
Investigation fee where all applicants are in-state:
Investigation fee where any applicant is out of state:
t8,000
t 5OO
$2,000
CLASS B:
Percent of food in Food/Liquor split 60 % or higher.
Investigation fee where all applicants are in-state:
Investigation fee where any applicant is out of state:
$6,500
t 5OO
$2,000
CLASS I~: ~6,500
Percent of food in Food/Liquor split 60% with primary business other than restaurant, such as a hotel or bowling
alley.
Investigation fee where ail applicants are in-state: ~ 500
Investigation fee where any applicant is out of state: t2,000
CLASS 0: ~8,000
Probationary license for establishments who have not been in business long enough to have an established
Food/Liquor split ratio.
Investigation fee where all applicants are in-state: ~ 500
Investigation fee where any applicant is out of state: ~2,000
CLASS F.: ~5,500
Limited Intoxicating Liquor for restaurants that do not contain an elevated counter, commonly known as a bar.
Investigation fee where all applicants are in-state: $ 500
Investigation fee where any applicant is out of state: ~2,000
SUNDAY LICENSE:
Must have a Class A through E license to qualify.
200
TEMPORARY ON-SALE INTOXICATING LIQUOR:
Maximum of four days with a maximum of twelve days per year.
Investigation fee where all applicants are in-state:
Investigation fee where any applicants are out of state:
OIII-SALE WINE LICENSE
Investigation fee where all applicants are in-state:
Investigation fee where any applicant is out of state:
CLUB ON-SALE IlilTOXICATING LIQUOR LICENSE:
Up to 200 Members
201 to 500 Members
501 to 1,000 Members
1,001 to 2,000 Members
2,001 to 4,000 Members
4,001 to 6,000 Members
Over 6,000 Members
Investigation fee where all applicants ere in-state:
Investigation fee where any applicant is out of state:
(Per State Statute)
ON-SALE 3.2 MALT LIQUOR (BEERI:
OFF-SALE 3.2 MALT LIQUOR (BEER!
Annual
New License Investigation Fee
Temporary License
Application Fee
Investigation Fee
Annual
Investigation Fee
S 100 per day
5O0
2,000
2,000
500
2,000
3OO
500
650
800
1,000
2,000
3,000
5O0
2,000
400
150
100 per day
500
150
150
150
CITY COUNCIL LETTER
Meeting of: Seotember 11, 2000
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MAlqAGER
k[_ ~_ ~ g APPROVAL
NO: Fire
ITEM: Establish Hearing Dates BY: Dana Alexon BYTE~/f'"~~
License Revocation, Rental Properties
NO: DATE: September 6, 2000 DA
Revocation or suspension cfa 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. Christopher Decker .......................... 218-220 40* Avenue
RECOMMENDED MOTION: Move to Establish a Hearing Date of September 25, 2000 for Revocation or
Suspension cfa License to Operate a Rental Property within the City of Columbia Heights against Christopher
Decker at 218..220 40tu Avenue NE.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: September 11, 2000
No:AGENDA SECTION: ~! ' A '~.'- ORIGINATING DEPT.:
CITY
MANAGER
. License Department APPROVAL
ITEM: License Agenda BY: Kathryn Pepin~ DATE
NO: DATE: September 8, 2000 BY:
BACK~aOU~D/ANALYS~
Attached is the business license agenda for the September 11, 2000 City Council
meeting.
The applications for Contractors are new applicants and are recommended for approval.
You will note that the Balkan Express Coffee Shop has made application for a
cigarette/tobacco license for sales at 4028 Central Avenue.
At the top of the license agenda you will notice a phrase stating "*Signed Waiver Form
Accompanied A~plication This means that the data privacy form has been submitted
as required. If not submitted, certain information cannot be released to the public.
RECOMMENDED MOTION:
Move to approve the items as listed on the business license agenda for September 11,
2000.
COUNCIL ACTION:
TO CITY COUNCIL September 11, 2000
*Signed Waiver Form Accompanied Application
2000 BUSINESS LICEI~E AGENDA
APPROVED BY
CONTRACTORS
ADDRESS
FEES
BUILDING OFFICIAL
Faircon Service
Residential Heating & Air
1891 W. County Rd. C
1815 East 41= St., S. A
SSO.O0
50.00
CIGARETTE/TOBACCO SALES
POLICE DEPT.
"Jennifer Bryan dlbla
The Balkan Express Coffee Shop
4028 Central Ave. N.E.
100.00
license.ag
BRC FINANCIAL SYSTEM
09/07/2000 12: 50: 34
F:'UND F;~IZCAF:':
F:*U NI) DESCR I PT 1' ON
101
201
203
i'..'.04
205
212
213
225
226
235
240
250
401
402
4.T5
60:1.
60~?.
603
604
609
701
71'.-'.0
884
885
887
E-;ENEF~AL
COMMUNITY DEVIELOI:'I~IENT FUND
PARKMIEW VZL. L.A NORTN
ECONOM:[C DEVIELOF:'IqENT AUTH
SE:CT:I:ON 8
ST~TIE ~:[D ~N'rlEN~NCIE
PARI<MIEW M]:[..I_.~ E~OU'1'H
CABLE 'FEI...EV I S ION
SPECIAL F'ROJECT REVENUE
RENTAL HOUSING
I,..IBRARY
COl_ HGHTS AF'TIER SCHOOL. IENRI
CAPITAI... IMF'ROVEMEN'1'S
STATE AID CONSTRUCTZON
CAPITAL_ IMPROVEEMENT PARKS
CAF'I TAL IMF'I~OVEMENT .... F'IR
WATER UTII... I TY
SEWER UTII...I TY
RE[F'USE F:'UND
~TORM SEWER UTIL_][TY
L I QUOR
CENTRAL GARAGE
DATA PROCESSING
F'ERMIT SURCHARGIK
CONTRIBLJTE[D F:'F~OJECTS-RIEC
INSURANCE
EE~CROW
Fl..lEX BEI4EF'IT TRUST F'UND
'I"O'I"AI... ALI... F:'Uhl]DC~
BANI< Rli:CAF:":
BAI'! K NAME
BANI< C:HEX:: K I I-lC'; ACCOUNT
'T'O'T'AL Al_l_ BANKS
Check History
l) I E;BLJRSE:MENTE;
22:, 853.77
107.80
1,404 ,. 78
3 :, 033 .. 17
x ? .., ,:. PJE:~. 00
46 ,. 76
590 ,, 07
5.54
25,000.00
6 ,, 70
1 , 235.. 53
3,619.25
704 ,, 16
2,889.58
74 :, 469.00
10;, 065.85
927.39
90. O0
303 ,, 52
32 ;, 358 ,, 47
2 :, 906.62
15 :, 790.20
437.32
435 .. E~8
.T27,075 ,. 00
234 :, 112.05
641,604.43
D I .t.'; B UR S E I"II::N'I".S
641 ,, 604 ,, 43
641 .,, 604 ,, 43
BRC FINANCIAL ,c.;YSTEM C.I:TY OF' COI_UMBIA HEIGHT,~3
09/07/2000 12 GI...5401zO'"V06.2.7 I::'AGE :1.
Check History
9/11/00 COUNCIL I~IEE'I"ING
BAN K VEI'IDC)R
C:I.-IIL::C K NUMBIKR AI~IOUI,I"i''
BAI-I K CHIEC K :I:I,IG ACCC)I. JI,I't"
A,~:;I"II~AI:r I_LC
BIE:LL..BOY BAR SUPF:'L..Y
BI!!]...I_BOY COIRF'OIr<AT ]~ (::iN
B :1: I::: L. E J E: S K :[ / D A R k E N E
CHANHA~8EN D]:.NNER THEATI~
(:; I"[l::: R N :[ hi / A L.. I::: K ,c:~ A N D R
CC) I._I._ :[ N S / Jl.-.-. F~I:T.I"IY
C.:C)I'JMUN :[ TY IJl,l:l: TED ME:THC)I) :[
II)Iii: M :[ TCHlii:I..I../M I CHI.E:I_I_Ii'"
EHI...EF;~ & ASSC)C:I: ATF. i:...-F:'I. JBI... :L' C::
GA(31qON/GF(li:(3G
Glii:l,lU.'l: Nl:i: PARTS/N~PA ~UTO
C~R:I: GGS----COC)PEI~ & CO
HC:IMliE I)FZPC)T #2.802.
HUD
JOHN,<:;C}hl BRC),<:;. I...:[QUOF( CO.
:~I[]HNSC)N PAPER & SUF:'F:'LY C
I({JI:'ZI"IN/JEAN
KUETHI::R I):[,<iYT, CO.
I..C)BA,t~H }.~ F:'I...OYD I...OBASH/DL::
I... UI'ID/T :[ M
MCC:I...ADIq:I'ZY & F'UI..L. EN, I...I..F°
I'Ilii:NARI)S CASHWAY L. UI~IBER-f'
MUI:~:ZYN/JOE:
N ,<i; F:'
IqE E DH AM D I S TR I B:J T I NO CO
F:'lJ[:l::',<i~ :I:--'(.]OLA-'7 UF'
F:'L'-.':TTY CA,<3H '-- . C]:ND]: W:[M_F'
F:'IETTY CASH -' GARY BRAATE:
F:'H :1: Cl... :1: F'S W ]: NE &
F:' :l:'¥'l'lli::Y BC:IWI:::~,i; LC)U :L' ,c.':;V :L' I...I...I]]:
QUAI...:I:'lr'Y WINE &
TACT:I:CAI.. ALL ]:ANC::E
'¥'AF:'UI~/CESAI~
W:I:NIE COMPANY/THE
WWW. DRUG T. D. ORG
YC)UI-IGI)AFII.../GA L.L. AGHE R
AC;CAP
~L.. Blii:l:;: T :1: NI:i:/RO T .1: M
AIq DIKI~ ~,] 01',1/1'~ OI..AN E
AF:'ACHE VILL..A()]iF.E AF:'T-CONSO
A~I"II:~AF' I_.I...C~
BAI...I...I::hlTI hlI~i]/BF:.:UCI~E C'~
DER(.~ I::" R 0 P I':". Ir,: T' ]]E ,~:~
BL. AHI'II K/VANCE
C I"1R .'1] 8 '1" E N S E N / R .'1: C I"1A I"( D
88070 500.00
88071 22 .. 67
88072. 5 :, 884., 66
88073 22'.0.20
88074 3 :, 658.00
88075 736.46
88076 81.95
88077 .'L, 147, :I. 4
88078 40 ,, 00
88079 2,97,".:,. O0
88080 28 .. 22
8808.'1. 60.10
88082 2.24.. 95
88083 27.57
88084 28,047.00
88085 5,370.62
88086 271.14
88087 59 .. 99
88088 25.88
88089 894.25
88090 35.77
88091 52.23
88092 13,000.00
88093 6.38
88094 230.58
88095 4,382.07
88096 1,175.50
88097 186.50
88098 105 .. 00
88099 90.75
88100 77J.. 37
88101 810 ,, 45
88102 1 , 483.76
88103 250. O0
88104 47.65
88105 88 ,, 00
88106 130 .. 00
88107 105,421.00
88108 2,917.00
88109 726.00
88110 290 .. 00
88111 698.00
88112 500.00
88113 471.00
88114 7.00
88115 428.00
88116 972 .. 00
BRC F I I',IAI'IC :Il Al...
09/07/2000 .1.2
Check History
9/11/00 COUNC I L. ME:E'T I I,IG
C) :[ TY OF' C,~OL.UMB I A FIE: :[ GI"I'T~,3
Gl... 540R'-"V06.27 I::'AG[':: 2
BAN K VE:NDOR
CHIE[.~ K I,.IL.IMB L:i:l~ AMOLJI'-I'T
BAN K C]--IIEC K :1: I'-IG ACCOUIqT
Ci:;:tE.3T V T. IEW I_UTI.4ERAN I.-IC)I~llE 138 :!. :L 7 3. 63 . 00
.,I-.,O,:~BY / KA7 HE:.F~ 1 NIE ,c:; ~3~311~3 ~J:67.00
DAI...,~31!!:TH/MAF( :[ I...YN 88.1. :1. 9 412.00
F:'AI,IG / KWE: :[ -WU 88:1. 20 452., 00
I::'E:I,INI~.:/AVIEI~tY 8l[3:1. 2.1. 602.. 00
F:' :1: I.I]DE L. L,/ID ONAI...]D 88.1. 22 740 ,,00
I::'I...CI]D ]: N/I~AF;tV Z N IE:J8 ]. 2:':~ 406 ,, O0
GI:;~OI'IE: I(/'T HOMAS~ 88.'1. 24 473 ,, 00
I"I~N KTON/L.I:'i:DORA 8[.'] '125 659 ,, 00
I"IAI'-I.C.'~IEN/[i::DI,'J :[ N & ]DORO'I"HY 8£"J 126 [:,44.00
HAII~.~ON/DENN .'1:,c3 [38.1. 27 6 58,00
I"1:1: I',IIE,~3/[~ORDON E: 8E~:.1. 2[-3 465. O0
HO :I:IJM/VI.ERI,IOI,! S 88.1. 2.9 267.00
J C]HIq.~i;ON/CONI'.! :[ E: E~ :1. 30 289 ,. 00
I(C).S'i"IER/KIENNIE: TH 88131 50 ,, 00
I(OWAI...Z E K/I.-IAF;tVE:Y []8:1. 32 2,267. O0
I...AI,I[)E/]DAVE & KA'THY 8813::~ ;~'...~a'.:, .. 00
L. AF(E~Ohl/DAN.'[ EL. W 88134 2;28, O0
!... A.S K Y/DAV ]: D 881:35 408. O0
!...E:t~3:1: ,~i~/MA R K 88:1. 3& 442.00
MCNUTT/MAI~Y DO 88:1. 37 3.1. 2 ,, O0
M]DC 2000 88.138 3.1.6,,00
ME: :1: S."~NEER/R :[ CHARD 8lB 139 49.00
M :1: I...l...lii:R FE:RRE: I RA/M :1: CHE:I...I_IE 88140 72;2.00
MODIEI_L/F'AIJL 8t3 :L 4.1. 2, 188 ,, 00
I::'E:AF;t.~i~O N/KEN 88 :L 42 ::i~':'. 9.00
F:'I.:ERF(Y/C ]: NDY 8t3.1. 43 43,00
F:'r:i: TE:F:.'S PL. ACE 1' NVEX. i~]"I~IE]hlT.'-:~ [~t3 .l 44 5,9'.l 3. O0
R ]: I::'A :[ ?MAI-IMOUN]D 88145 515.00
SATHRE:/AL. :!: C :[ A M 88.1. 46 689. O0
SHO KIE T R/MOI-IAME:D 88.1. ,'47 449.00
S KAL .T. C K Y/JAME.c3 88148 252.00
.STAUCH/LE:LAND 88.1. 49 2,13&. 00
SWAIq,SON/CYND :[ 88150 806,00
'T'OI~JNHOUSIE-.APT I'IANA[.~I:ZMENT 88.1. 51 .1. ;, 469 ,, 00
UTI(E: I:'ROPE:RTY MANAGF_.':MIENT lE~:1..52 8~2:. 00
VAN BLAI~]:CON/STANI...EY 8tB:l. 53 .1., 045.00
¥OUhlC.)RE:N?DAWIq E~81 .":',4 165 ,, 00
Z I C KIF.'RMANN/1...01~ l 88.1. 55 48,00
Z Z C KE:F~MANhl/WAL. TE:R 8E~ 156 461 ,, 00
DE:I:::[.~ I::'ROF'EI;t'r :1: lES 81~B.1. 57 4-'77 ,, 00
BRA]DI...E:Y F~E:AL.. E:.C3TATE:.~i; INC 88:1. 58 10,848,,
CH~TI;tlE :1:/1'10.t~'1"~ F:'A 881. 59 806 ,, 00
C 0 I... U I~1B :[ A I--1 E: :[ [3 H'I" E; :[ 88.1. 60 4,506 ,,
D AI....~i.~IF.:'I'T-t / M A I:;: Z I... YN 88:1. 6 :!. [)4'7 ,, 00
[31El. IL! :1: NE: F'ART.C3/hlAF'A ALJ"Ir'O 138162 132'~ ,, 23
I--IANSIEN/E]DW I N & D[]RO'THY 88163 :1. 59 ,, 00
BRC FINANCIAL
09/07/2000 .1.2
Check History
9/.1. 1/O0 COUNCIL MEETING
CITY OF' COL. UHBIA HEIGHTS
GI_54OI;~'--VO6.27 I::'A(3E: 3
BANI( VENDOR
C'HI!:.'C K NUMBIEI:( AMOUI,IT
BAN K C]*-Ilii:Cl< I NG ACCOUNT
I-JA N,c31i~:N/KEV I N
:1:!<O1,1 OF:'F:' I CE: ,<i;OLt. JT :[ ON
MI!!:D :r. c ]:NE I_AKE '¥OIJI:~S
MUSCOV:['f'Z/PATR I C I A
Iq S F'
F:'I:'i:TTY CASH -- KAI:~EN MOF=':I_I...
,ST ALJC !.~ / I... !:=.1.. A N D
UTKE F'ROPERTY MANAGEMENT
VER I ZON W I REI...IESS
V I SA
AF'F'INITY F'LUS I:'I~:DI:.--.I:~AL CR
I::' I I:~,<i;'¥' COMHUN I"fY CRE:D I T U
ICMA RET]:F~EMIEI'4T 'TRUST 45
I...MC I '¥'
L. MCIT .... HF'
MED]:CA ,t:;EN ]: O1:{
MN (;I..III...D SUF'F:'OI;~T F'AYIqI.::NT
I,IOI-'~WEST BANK -. PAYROI_I_ A
ORCHAF~D '¥F;,'LJST COMF:'ANY
I::'EI:~A
I::'RUDIENT]:AL L..]:FE II'4SURANC
F:'UBI._IC MANAGERS AS,c3OCIAT
SCI"III'~DI_I.=_'R I.-::LIEVATOF( COI:{F'
U S WI:'i:ST CC)MMUIq I CAT I ON,C.';
UN ]:(3lq 320
LJI'I :I: TED WAY
VER ]: ZON W I REI...IE538
WI Dli!:F:'ARTH!!i:NT C)F REVE:NUI~i:
ACE I"IAF~DWAI:~E
ADT
A ]: D IF.'I...IEC~TF~ ]: C SERV ]: CE ]: NC
At...I... I l.-'i:D BL. AC K'¥OI::' COMPANY
AMlii:R ]: I::'R ]: D[~.
.~'.'{ARNA GUZY & STEF'F'EN I...TI)
BA{JER BLJ]:I...T '¥IRI.:.': & BATTE
BITUMINCJIJS ROADWAYS, INC
BRODART
CATC~O PARTS SERVICE:
CENTI.'-:t'~ F'OR EI'4EI;;(3Y/I.::NV :1:1:~(.3
C :I:GIqA B[i:HAV I OI:~AI... HE:Al_TH
CITY F'A G r='.8
c I TY W:[ I)E: L. OC KSM I TH :[ big
C]_AR K FOC]D,<~EF~V ]:CIE I Iq(.',
COI...I...OVA/HE:I...
COLUMB ]:A HI=-. I GHTS I:~IEI'4']-AI...
COMO L.IJBE & E;UF'PI...IES
CC)MI=' USA
88 .1. 64 42 .. 70
88165 128 ,, 80
88.1. 66 693.00
88167 34 ,. 4.1.
88.1. 68 £ 70., 44
88169 96 .. 32
88170 893 .. 00
88171 49.00
88172 8.02
88173 8,396.38
88174 484.77
88175 1,910 ,, 00
88 .1. 76 10,735.26
88:1. 77 20,888.06
88:1. 78 15,767 ,, 29
88:1. 79 484.40
88180 808.16
88181 150,267.06
88182 6,587.20
88183 25,051.26
88184 567.25
88185 50.00
88186 180.5:1.
88187 538 ,. 98
88188 931 .. 00
88189 47.00
88190 8 ,, 02
8819:1. 1 :[9 ,, 22
88192 .1. 39.49
88193 51:1.. 90
88194 237 ,, 40
88195 74,168.40
88196 53 ,. 58
88197 693.00
88198 306 ,, 40
88199 2,306.46
88200 1:1.6.97
88201 169.38
88202 25,000.00
88203 497.6.1.
88204 420.00
88205 12.00
88206 33.33
88207 87.86
88208 38.26
88209 80.00
88210 265.18
I:.~RC F' I N~NC: I ~1... SYS.¥1"EM C I'TY OF' COL.LIMB I ~ I"IE I Gl"l'l",.i;
09/07/2000 .1. 2 Gl... 5401q:""V06.27 1::'~(3E; 4
[.',' he c k History
9 / .1. 1 / 0 0 C 0 U hIC I I... M E E T I N G
BAN K VENDOR
CHIZC K NUMBIER AMSUI,IT
BAI'IK CHECKING ACCOUI'IT
CIJMM:EN8 I',IOI-~TI-I CI:":NTRAL.
D I:;~OCK CE;N'¥E.'".R
IDEL. IEG~I~D TOOL CO.
D I ~l'qOl',lD VOGEL.. F:'~ I NTB
D[."]U[3S 'TV & ~F'F'L.. I ~NCi.::".
lii:l...lii:t'"lE:Nl K JORNAL.,C.~
lii]...lii:Ml!"'lqT K JOURI'q~I_S
I~i:XE:CU TRA:£N E:NTE:RF'RISES
I::'IDIEI._I:TY SIERV]:[.':Ii.::.t~ ]:NC
F:'I...AI'-IAGAN SAL. lii:S INC
G & I< SIERVICE:S
GAI...lii: E')ROUF'/THE~
[30VIEI~NMENT FINAIqCE []FI=:I:C
I"IARVEST PA1NT
HE :[ GHTS li.:.I...IECTR I C 1: NC.
I-IOME I)EiPOT ~2802
:[ KON OIZF:'ICE ,SOL. UT ]:ON
iI~I'ITlii:GF~ATED I...088 CONTROL
IF:'C F'RTNTING
J I I"IDF<A/PA TR I C I A
JOHNSTON/TR[]Y
K MAI:~T
KATH FUEL OIL SI.'-ZRVICIE
LAB ,"i;AF'ETY SUPPL. Y
I...AWRIENCI'.".'. RAGAN COMMUN.T. CA
LOF:'F:'I...ER BUS I
MAC [~UIEI:ZN IE[~UIPI~r. ZNT CO.
MATTFIEW BEiNDIER
Mr:i]qARD,~ CASHWAY I...UMBEI~-F
Mli!Y'rF~OPOI...ITAN COUNCIL.. WAS
MIDWAY F:'OI:~D
M:I:DWEST ASF:'HALT CO
MIDWEiST LOCK & SAFE
M I I...tE
MII,INIEAF'OI_IS ,SAW CO.
M II,IIqE:SOTA COACFIE:8
M.I:NNI£SOTA DLT. PARTI~IEIqT OF.'
MN DEI::'T OF:' ADMINISTRAT~rO
MN '~'¥A'rE '¥REAS BU II..D lNG
I',IOI:;,'TH METRO FIUMANE: SOCIE
OCHS BRICK COMPANY
OF:'I::' I Clii: DE~POT
OLSOIq F IRIE INSt:'ECT ION
ONVOY
I::'AM [].'EL. IN(]
I::'ARK ,(~;UPF'I...Y INC
F:'ATTOIq IND. PF(ODUCTS
88211 :1. 83 ,, 21
88212 164.0.1.
882 .1. 3 92.85
88214 58.95
882 .1. 5 24.92
88 216 19 ,, 95
88217 :L9.95
88218 975 ,, 00
88219 340 ,, 45
88220 2,889.58
88221 212 ,, 55
88222 I , 087.98
88223 60 ,, 00
88224 164.00
88225 287.29
88226 475.60
88227 110.26
88228 591.00
88229 139.74
88230 35.00
88231 766.80
88232 52 ,, 35
88233 82 ,, 90
88234 43.07
88235 99 ,, 00
88236 255 ,, 85
88237 283.72
88238 317.33
88239 770 . 03
88240 49.50
88241 699.53
88242 35.04
88243 164.11
88244 225 ,, 00
88245 22.13
88246 373 ,, 25
88247 8,151.00
88248 405 ,, 08
88249 387.82
88250 772 ,, 55
88251 2,003.27
88252 I, 115,, 16
88253 389.00
88254 24.95
88255 144.77
88256 383.37
88257 99.92
BI:(C FINANCIAl... SYS'TEM
09/07/2000 .1. 2
Che (::k laistory
9/11/00 COUNC I1... ME:ET I NG
CITY OF:' COLUI~IBIA FIE
(.';I... 5401:~....V06.27 PAGE:
BAI,IK VENDOR
CHIECK Iqt. JMBli~:l:~ AMOL.JI*IT
BANK CHIECK:I:NG ACCOUIqT
I::"C .~OI...UT :1:ON8
I::'l:~Ol!i:X -' WOLF CAME;RA
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I:;.'t. Jli!: T'T' I MANN/ROBERT
SENSUS TIECI4NOI...OG]:IES INC
SIGN LANGUAGE & GOI...DEN A
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ST PAUL..-DE:D/TFIE
S'f'AR TR]:BUNE
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'f'ELIEF'HONE ANSWERING CENT
Uh1:1: F 0 RM S U hi[.. :1: M l T E D ]1 NC
UN ]:TEl) RENTALS
VE:R :1: ZON W:[ RELES~;
V08S LIGHTING
WIEST GROUP PAYMENT CENTE
WZLI_AMETTE ZNDUSTR:I:IES IN
YOUNGDAHL/GALLAGHER
88258 7 :, 6 :L 8.28
88259 9 ,, 02
88260 .1..,, 500 ,, 00
88261 ;.";5.00
88262 750 ,, 00
88263 .1. 0 ,, 65
88264 116.00
88265 570.00
88266 ;'~86 ,, 50
88267 339.74
88268 .1. 64.20
88269 245.45
88270 46 ,, 86
88271 146 .. 95
88272 92.66
88273 49.95
88274 ;~88 ,, 96
88275 21 , 084 ,, 00
64:1. ,604.43
CITY COUNCIL LETTER
Meeting of September 11, 2000
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER
NO: ~- A Fire APPROVAL
ITEM: Close Hearing BY: Dana Alexon By:~.~~'~
Rental License Revocation
NO: DATE: September 6, 2000 DATE:
The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against
Michael Johnson regarding rental property at 4919-4921 Jackson Street for failure to meet the requirements of the
Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of September
11, 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 Michael Johnson Regarding Rental Property at 4919-4921 Jackson Street in that the
Property is in Compliance with the Housing Maintenance Code.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of September 11, 2000
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER
b ~ Fire APPROVAL
NO:
ITEM: Close Hearing BY: Dana Alexon BY:
Rental License Revocation
NO: DATE: September 6, 2000 DATE:
The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against
Myrna Bourcy regarding rental property at 1132 40* Avenue for failure to meet the requirements of the Homing
Maintenance Codes was previously scheduled to commence at the City Council meeting of September 11, 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 ail fees and penalties.
RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the
Rental License Held by Myma Bourcy Regarding Rentai Property at 1132 40t~ Avenue in that the Property is in
Compliance with the Housing Maintenance Code.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: ~eptember li,2000
AGENDA SECTION: ~ ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: 0rdinance #1419 BY: Kathryn Pepin
NO: Liquor License Amendments
DATE: August 30, 2000 BY:
BACKGROUND/ANALYSIS
Since March of this year, The License Committee has been conducting the process of review and rewrite of Chapter 5, Article V of the
City Code pertaining to beer, wine and liquor licensing for the City of Columbia Heights. Staff has gathered similar ordinances from
eleven other cities for comparison. Those city's are Andover, Anoka, Blaine, Brooklyn Park, Brooklyn Center, Coon Rapids, Crystal,
Fridley, Golden Valley, Lino Lakes, Minneapolis. We also used Chapter 340A of State Statute to assure compliance with State law.
Ordinance 1419 contains the rewritten sections pertaining to Club On Sale Liquor, On Sale Intoxicating Liquor, Sunday On Sale
Intoxicating Liquor, and Temporary On Sale Intoxicating Liquor. We have combined the Sunday On Sale Club section with Sunday On Sale
Liquor repealing the current Sunday Club Liquor section as the language for both was the same or similar. The Limited On Sale Liquor
section has been combined into the On Sale Intoxicating Liquor section under 5.503(3). Section 5.505 pertaining to Limited On Sale
Liquor is being repealed. The remaining sections have been significantly changed with a lot of old language eliminated that was not
necessary or not in conformance with State Statute.
In response to the City Council's concern with the 300 foot distance required currently for any beer, wine or liquor establishment, the
License Committee found that the 300 foot requirement was the minimum distance of the eleven cities used in our comparison. It was
the consensus of the License Committee to leave the 300 foot distance as currently stated.
The ratio of food/liquor sales which currently requires 40% food sales has been increased to 60% food sales. The 60% ratio was the
number used by more than half of the eleven cities. In addition, the food/ratio requirement will now be the same for all aspects of beer,
wine or liquor establishments. The minimum seating requirement for on sale liquor is currently at 150 seats. The survey of the eleven
cities showed that a variety of calculation methods were used including square footage of the entire building, the dining area, the seating,
etc. After much discussion regarding future development and direction of the City, the 150 seat requirement is proposed to remain.
RECOMMENDATION: The License Committee feels that this finished product will best serve the needs of the City in implementation and
enforcement of licensing rules and regulations regarding the sale of intoxicating liquor.
RECOMMENDED MO)'IOII:
Move to waive the reading of Ordinance//1419 there being ample copies available to the public.
RECOMMENDED MOTION:
Move to schedule a second reading of Ordinance//1419, being an ordinance amending Ordinance 853, City Code of 1977, pertaining to
the amendment of certain sections of the licensing requirements of the city for September 25, 2000 at 7:00 p.m.
COUNCIL ACTION:
ORDINANCE NO. 1419
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE AMENDMENT OF CERTAIN
SECTIONS OF THE LICENSING REQUIREMENTS OF THE CITY.
The City of Columbia Heights does ordain:
SECTION 2:
Seetien 5.502 uf Ordinance Ne. 853, City Cede uf 1977, Imrtaining te the lieensing of Intoxicntine Linuer. Club
Sails which currently reads us follow~ to wit:
5.502(1)
(a)
(c)
5.5O2(2)
(a)
(b)
(c)
(d)
(e)
On-sale licenses for the sale of intoxicating liquor may be issued to bona fide clubs, as defined herein,
' which have been in existence for fifteen (15) years or more, or to an incorporated congressionally chartered
veterans organization which has been in existence for ten (10) years or more.
For purposes of this section, club shall be defined as any corporation duly organized under the laws of the
State for civic, fraternal, social or business purposes or for intellectual improvement or for the promotion
of sports, which shall have more than fifty members and which shall, for more than a year have owned,
hired or leased a building or space in a building of such extent and character as may be suitable and
adequate for the reasonable and comfortable accommodation of its members, and whose affairs and
management are conducted by a Board of Directors, executive committee, or other similar body chosen by
the members at a meeting held for that purpose, none of whose members, officers, agents or employees
are paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages
to the members of the club, or its guests, beyond the amount of such reasonable salary or wages as may
be fixed and voted each year by the Directors or other governing body.
The licenses issued shall be for sale of intoxicating liquors to club members and guests only.
The license fee shall he set by Resolution of the Council. In the absence of such Resolution, the license fee
shall be $300.00 annually.
Any club as defined herein, may make application for such license. The application shall be made with the
' Clerk and shall contain the following information on a form described by the Minnesota Liquor Control
Commissioner:
Name and address of club.
Date of Incorporation of club.
Certified copy of the Articles of Incorporation.
Certified copy of the By-Laws of the club, including therein a definition of the work "member".
A list of the membership.
(f) A copy of the Charter, if any.
Page 2
(g)
(h)
(~)
(j)
(k)
(I)
{m)
(n)
(o)
(p)
(q)
(r)
(s)
5.502(5)
5.502(6)
{a)
(b)
5.502(7)
List of corporate officers and Board of Directors.
A copy of Resolution of the club appointing a person to be in full charge of liquor operation.
Copy of plat plan showing the size and location of building upon premises and occupied by the applicant.
Description of off-street parking that is available.
Zoning of land.
Statement of Ownership of premises occupied by the applicant.
A statement as to whether or not real estate and personal property taxes to the premises to be licensed are fully
paid, and if not paid, the years and amounts of delinquency.
Executed signature of an officer of the corporation.
If a permit to the Federal Government is required, the application shall state whether such permit has been issued
and if' so, in what name.
The true name of the person in charge.
Place and date of birth of the person in charge.
Residence street address of the person in charge of the liquor operation and whether the person in charge of the
liquor operation is married or single. If married, the true name and place and date of birth and residence street
address of the person and charge's spouse.
Whether the person in charge and his spouse are registered voters in Anoka County and of Columbia Heights.
Every applicant and licensee shall provide insurance in accordance with Section 5.503(15).
The Clerk shall forward the license application to the Chief of Police for an investigation of the
truthfulness of the statements set forth in the application.
The applicant shall furnish to the Chief of Police such evidence as he may reasonably require in support of the statements set
forth in the application.
The Chief of Police shall report and endorse his findings upon the application and return the same to the Clerk.
The Clerk shall refer applications for an on-sale liquor !icense under this section to the Chief of the Fire
Prevantion Bureau and the Building Inspector for an inspection of the premises and a report indicating
whether the premises are in compliance with applicable ordinances and regulations.
No license shall be issued in violation of any of the provisions of Minnesota Statutes Chapter 340, which
provisions shall govern over any contradiction or conflict in the interpretation of the provisions of this
chapter:
Page 3
No on-sal~ license shall be granted to any club which does not have at the time of making its application,
an uflrevoked license issued by the city for the on-sale of non-intoxicating malt liquor, providing that if the
said applicant, coincident with its application for an on-sale liquor license has made application and paid the
fee for an on-sale beer license, and the same has been granted by the Council or is granted coincident with
the granting of the application for an on-sale liquor license, said on-sale liquor license may be granted.
No on-sale license shall be issued for any building, room or place within 800 feet of any public or parochial
school, or church, said distance to be measured in a straight line from the building in which such school or
church is conducted and to the main public entrance to the premises for which the license is sought.
5.502{8)
Clubs which are licensed pursuant to the provisions of this section shall be subject to the following
regulations:
(a)
No sales of any intoxicating or non-intoxicating malt liquor or intoxicating liquor may be made (1) between 1:00 a.m.
and 8:00 a.m. on the days of Tuesday through Saturday; (2) between 12:00 midnight and 8:00 a.m. on Mondays;
(3) after 1:00 a.m. on Sundays; or (4) between 8:00 p.m. on December 24 and 8:00 a.m. on December 25.
(b) Sales shall be made only to club members and their guests.
(c) Liquor may only be sold at the premises designated in the license.
(d) The Clerk shall be notified of any change in the person managing the liquor operations for the club.
(e)
The licensee shall at all times keep in full force and effect the bond or insurance as required by this section. Failure
at any time to do so shall be grounds for immediate revocation of the license.
(f)
No licensee, or any agent or employee of such licensee shall violate any of the provisions of State law relating to the
sale, possession, manufacture or transportation of liquor upon the premises of a licensee operating with a license
issued pursuant to the provisions of this section.
5.502(9)
Any on-sale license issued pursuant to the provisions of this section may be revoked or suspended for a
violation by the licensee, or any agent or employee thereof, of any provision of the laws of the State of
Minnesota relative to the sale, possession, manufacture, or transportation of liquor upon the promises of a
club licensed pursuant to this section.
(a)
' If such violation was not wiflful on the part of the licensee, the Council may suspend said license for a period of up to thirty
{30) days for the first violation; or for a period of up to ninety (90) days for the second violation.
(b) Any revocation or suspension under this section shall be invoked in accordance with the procedures prescribed by 5.104.
5.502(1 O)
Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction
thereof, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not
more than $500.00 and imprisonment for not more than 90 days.
SHALL HEREAFTER BE ANIElilOED TO READ AS FOLLOWS:
5.502(1)
On-male licenses for the sale of intoxicating liquor may be issued to bona fide clubs, as defined herein,
which have been in existence for three (3) fifteefl-f-l~ years or more, or to an incorporated congressionally
Page
chartered veterans organization which has been in existence for three (3) ~ years or more.
................ -' .......... ~,y by
(o) (bi'---The licenses issued shall be for sail of intoxicating liquors to club members and guests only.
The license fee shall be set by Mbnmte State Stetate
.............................. ..... "-- ' ........... lie flemme mill be iemmd unlaa= at the
~Mbll flg~MlOllUIII UI° II--liN Iff NI~II I~ ?dgg. Ug
dm of applioution the applioam h~ paid the lioen~ fee in full nad a non-nefundabio
invimigltbn fee aa let by City CNa°il raaolution. WlNro oil IPINieante are in-~tete, the
invl~Jllden fee will be $500; wilarn any Ippliel~ are out of atete, the investigation fee shill
be 12,000. If tile investigation fee for in-state or out of state °IlliCit, ante oxeend~ tho minimum
fee, tim additional eecto of th nova°rOgation will h biikNI to the qqllieant(s). Upon rejection of
any apllbeut~n for o Iieeaae, ar ulmn withdrawal of In applieutien bofare qqlrevol of tho
iammaae ky the City C~meil, the Heeaae fee do°Il be rofundnd to the applieant. In any eau, th
invectilution fee will be Imn-rofundabb. AH lieu°aaa dwil expire in the laat day of December of
ndi year.
5.502(2)
Any club as defined herein, may make application for such license. The application shall be made with the
Clerk and shall contain the following information in uddition te mt a form from described- bt' the
Minnesota Liquor Control Commissioner:.
(a). Name and address of club.
(b) Date of and eepy of Certificate of Incorporation of club ar etber dnmmlentetion ef legal states.
~1 MIItSM bulJy u H1 LIt,~O Ili~Ul ~JI aLIUI I,
Certified copy of the By-Laws of the club, including therein a definition of the word "member".
list of the membership.
copy of the Charter, if any.
List of corporate officers, ~,~ Board of Directors and mane°ar.
111 uul~f ul ploL IJtmt ~ilullllpdum a,i&a mi lUt. aLlUll UMllUllllJ UFFUi1 pimlll4oo mm ul.i~.ul~l~u uf LIIO
Page 5
'"' Z ~,-~-~ ~f'---'
(g)(t)---Cqr/of Lean Agreement er Statement of Ownership of premises occupied by the applicant.
(h)(m)~A statement as to whether or not real estate a,~/, ~,m-~,~a; ~-~,~¥ taxes and lucal assessments for to-
the premises to he licensed are fully paid, and if not paid, the years and amounts which' ere unpaid-of
delores.
(i)(nJ----Executed signature of an officer of the corporation.
;.~ ................
(j)
Full legal name af qqdicent and al$1icants apenee, Idace and dad of birth, meet nddrm of
reddemm and leqtk of tim at that address ef tile qqdicent and qqdicant'= speuee; and any
ether jBfermaticn deelned necucsm~ by the City Council er issuing authority.
5.502(3 and 4)
5.502(36)
(o)
Repealed 1112318g Ordinance 1190.
~,,,,y ,q,v,-.=,, c.,, .,,,,,.~, o,,.,, t,,-,,,,~ ,,,0,- 0,,,.0 ,, c,~,,,,,,,,,.o ,,,,,, ~,;t',o~ ~,. . At the time of filing an
ap~ for any en-cele intmcicedq liquor ffcemm, tim applicant shell fib with the Clerk proof of financial
reqle~ for lilllilily. The issuer or surety on any liability iaseranan policy or bond shall be duly licensed to
de kneim~ in tim State ef Minnssets, and all ducmmats shall he lippreved as to content, fao and execution.
The licensee and the City dndl be named as joint ineard on the Iidiffity insurance policy. The policy shall be
effecthm for the entire licance year er term of licance.
Proof of financial reqmneibility may bo provided by supplying to the Clerk any of the following
J~celo:
A certificate that there ia in effect for the liamee period on insurance policy providing at least $50,000 of
coverage because ef bodily injery to any eno pereen in any eno uccerrance, $100,000 because of bodily injury to
two or mere permmo ia any one esserrance, $10,000 hucaase of bodily injury to or destruction of property of
others iB any one oceurrance, $50,000 for loss of means of support ef any one person in any one ossurreuco, and
$100,000 for less of manna of support of two er mere perceno in any eno uccurrance; or
?mi
(c)
A lind ~f a surety eemlmny with minimum eevorngas as provided in Sestien 5.502(5)(a), or
A eortiflcete af the State Treasurer that tls iieeneee Im dalmaited with the State Treasurer $100,000 in cash
ar eeairitlee that may lie legally porchasnd by seving~ kenka or toast funds having a market value of $100,000.
5.502(4)
5.502(58)
5.502(~)
The operltivn of aB intoxicating liquor license witliet having un fib at all times with the City
the liubility insurance policy or etllor evidence of finendal r~il~ required herein shall be
grenmb for limedetu revocation af the license, liletiee of canodktion of a currant liquor
Ii°MiSty policy eervas as notice to the licensee of the ieqNmding revocation end unless evidence
af eemlllienee with the flnonobl reqmnobflity requiremente of tide section ara presented to the
Clerk liforu the termination ia effective, the license will be revolted instantly upon tls lapse in
Any liubility inmlrenca required by this section must previda that it may not be canceled for:
(a) Any caeN, except for nonpayment of premima, by altair tls imsmed or the insurer unlm the canceling party
baa first given thirty days' notice in writing te the issuing aethedty of intent to cancel tim policy; and
(b) Illen~ayment of premium unless the canceling party im first given ten days' notice in writing to the issuing
authority ef intent to cancel the policy.
All applicatieno shall be referred ta the Cldef ef Puiiee. The Chief uf Police er his/her designee is
emilewernd to eendnot any and all investigetim te verify the iofermetion on the application,
indndhlg ord~ a eemlmtoriznd criminal kictery i~ obtained threngh the Criminal Justice
System end/or a driver's licenee history imluiry aa re°mind by the State O~ortmeet of Public
Safety en the q~licent. Tls al~licetien shall uiee be referred te tim Chief of the Fire
Depmlmeet, the Building Official aid the City PI~ and Zoning Deporlment for a relmrt
indieethlg wlitlir ~ premia~ are hi eemldienee with alqdicdb erdinoneas and rnguietioas.
A public hearing dldl then be held before the City Cemndl, et wkish time the upplicatien far a
licaBen shah be eeasidmld. OPllorteuity shah li given te any pmlen to bo heard for or ag°last
the granting'af the license at u public henring. The City Counoil my accept or reject the license
ap~n in its d~ upon eemilletien of the pddic liarin~
Eask licem shall be iemlnd to the al~licent(e) only and shuil not li tranoforuble to another
holder. Each lac°nee shall bu ieeued only for tls premiene described in tho application.
Page 7
IIU tllrOalg i~gllOg Ollall UO elallLgM LU ally bliiU II1111~11 ~0 IIUL I~gg gL LI~ Lfll~ UI IIIgkll~ ILO ~I~OLIUIII
all =,,..~.~ 1~ ~ ........... [~, ,~i alr.~ ~[ ,=,~.,..~.,,,~ ,,,.,, ,~..,, ~,~.,.,,~ ih~; il fha
QOIV O~MILI bW~IIL WlMI ILO O~OLWll IUI ~ ~- IIIOW ~I~OMUII allU ~alu LIIO
No liceeee chall be iamald to any qlplieant far ii leeatbn within 300 feet ef any ~chanl .er church.
unl#ii am=ii lican~e ha~ been prevbulily approved Men no achanl er church was a. iiituatod.
5.502(76)
Clubs which am licensed pursuant to the provisions of this section shall be subject to the following
regulations:.
(a)
No sales of any btox~at;r~ ~[ ~G[,-;~GX~;~,~ ,,-~G,'~ ;~U~[ G[ intoxicati~ I~uor may be made ~ ~tween 1:00
a.m. a~ 8:00 a.m. on t~ days of M~ ~ thrash Saturdiiy, ~ ~ beton 1:00 a.m. and 12:00
D~ · I.u~ a.m. Gl t~l ~L.eml
(b) Sales shall be made only to club members and their guests.
(c) Liquor may only be sold at the premises designated in the license.
(d) The Clerk shall be notified of any change in the person managing the liquor operations for the club.
Ill
5.51)2(8e)
Any o,-s. in license issued pursuant to the provisions of this section slid lie ,dlject to Sectlim
513(11)
5 efthb ~ ~iy ~ ,...;.~,
OIIIl~lgy~ %llOIgglI gl ally J/ll/lflOlgll MI LIN layla Ul
illallUl~%UiI], Ui LlalloJJUI LOTlUll UI II~UUI UJJUII
I.T
Q411~II IiUlaLIUII ffOl IIUL IIIIIIMI G~L 'i.11~ ...... I,~UMilbll: Illay aUOIdl~llU ']~diM IIb~llOg Ul a uJJ LU LIIII I,
(3'" .............................. ~- {~,0; ~ ' "
" A~y ...... d ...................... CA
5.502(9-T6) Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction
Pa~e 8
SECTION 3:
Section 5.503 ef Ordinance Ilio. 853, City Cede ef 1677, Fertaining te tim liemming of Intexicatin_e I.~_uer Sales
wklcb currently reads a~ fellow~ to wit:
SECTION 3
INTOXICATING LIOU011I
5.503(1) Definitions shall be as follows:
(a)
The term intoxicating liquor shall mean and include ethyl alcohol and include distilled, fermented, spiritous,
vinous, and malt beverages containing in excess of 3.2% of alcohol by weight.
(b)
The terms sam and/er sell mean and include all barters and all manners or means of furnishing intoxicating
liquer er liquors as above described in violation or evasion of law and also include the usual meaning of
terms.
(c)
The term on-sale means the sale of intoxicating liquor by the glass or by the drink for consumption on the
promises only.
(d)
The term off-sele means the sale of intoxicating liquor in.the original package in retail stores for
consumption off or away from the promises where sold.
(e)
The terms package er original package means any corked or sealed container or receptacle holding
intoxicating liquors.
(f)
The term hotel means and includes.any establishment having a resident proprietor or manager, where, in
consideration of payment thereof, food and lodging are regularly furnished to transients, which maintains
for the use of its guests not less than one hundred (100) guest rooms with bedding and other usual suitable
and neCessary furnishings in each room, which is provided at the main entrance with a suitable lobby,
desk, and office for the registration of its guests o on the ground floor, which employs an adequate staff
to provide suitable and usual service, and which maintains under the same management and control as the
rest of the establishment and has, as an integral part thereof, a dining room with appropriate facilities for
· seating not less than one hundred (100) guests at one time, where the general public are, in consideration
of payment thereof, served with meals at tables.
(g)
(i)
The term restaurant means any establishment, other than a hotel under the control of a
single proprietor or manager, having appropriate facilities for the serving of meals, and
where, in consideration of payment therefor, meals are regularly served at tables to the
general public, and which employs an adequate staff to provide the usual and suitable
service to its guests. Such establishment shall have facilities far seating not less than
one hundred fifty (150) guests at one time. At least forty parcant (40%) of the annual
receipts of the establishment must result from the sale of food.
(ii)
Any bowling alley with not less than fifteen (15) lanes and with appropriate facilities for
the serving of food to not less than thirty (30) perSOnS. Such establishment may include
bowling receipts with food receipts for purposes of calculating the sixty percent (60%)
Page
food receipt requirement of Section 5.503(11)(p) and may include the area of its bowling
lanes in the minimum dining area requirement for purposes of Section 5.503(10)(c).
(h)
The Twin City Metropolitan Area is defined as being comprises of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott and Washington Counties.
(i) The term "interest" as used in this section includes any pecuniary interest in the ownership, operation, management or
profits of a retail liquor establishment, but does not include bona fide loans; bona fide fixed sum rental agreements; bona fide
open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of
selling or leasing merchandise, fixtures, or supplies to such establishment; or an interest of ten percent (10%) or less in any
corporation holding a license. A person who receives moneys from time to time directly or indirectly from a licensee, in the
absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a
pecuniary interest in such retail license. In determining "bona fide" the reasonable value of the goods or things received as
consideration for any payment by the licensee and all other facts reasonably tending to prove or disprove the existence of
any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered.
5.503(2) No person except wholesalers or manufacturers to the extent authorized under state license shall directly or indirectly deal in, sell, or
keep for sale any intoxicating liquor without first having received a license to do so es provided in this chapter.
5.503(3) Every application for a license shall be verified and filed with the City Clerk.
5.503(4) In addition to the information which may be required by the State Liquor Control Commissioner's form, the application shall contain
the following:
(c) Whether the applicant is e natural person, corporatiion, partnership, or other form of organization.
(d) Type of license applicant seeks.
(e) If the applicant is a natural person, the foflowing information:
(i) True name, place and date of birth, and street resident address of applicant.
(ii) Whether applicant has ever used or been known by a name other than his true name and, if so., what
was such name or names and information concerning dates and places where used.
' (iii) The names of the business if it is to be conducted under e designation, name or style other than the
full individual name of the applicant, in such case, a copy of the certification as required by Chapter 333,
Mirmesota Statutes, certified by the Clerk of the District Court, shall he attached to the application.
(iv) Whether applicant is married or single. If married, true name, place of birth, and street residence
address of applicant's present spouse.
(v) Whether applicant and present spouse are registered voters, and, if so, where.
(vi) Street addresses at which applicant and present spouse have lived during the preceding ten years.
(vii) Kind, name and location of every business or occupation applicant or present spouse have been
engaged in during the preceding ten years.
Page 1 0
(viii) Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding
ten years.
(ix) Whether applicant or his spouse or a parent, brother, sister, or child of either of them has ever been
convicted of any felony, crime, or violation of any ordinance other than traffic. If so, the applicant shall
furnish information as to the time, place and offense for which convictions were had.
(x) Whether applicant or his spouse, or a parent, brother, sister, or child of either of them has ever been
engaged as an employee or in operating a saloon, hotel, restaurant, cafA, tavern, or other business of a
similar nature. If so, applicant shall furnish information as to the time, place, and length of time.
(xi) Whether applicant has ever been in military service. If so, applicant shall, upon request, exhibit all
discharges.
(xii) The name, address, and business address of each person who is engaged in Minnesota in the business
of selling, manufacturing, or distributing intoxicating liquor and who is nearer of kin to the applicant of his
spouse than second cousin whether of the whole or half blood computed by the rules of civil law or who is
a brother-in-law or sister-in-law of the applicant or his spouse.
(d)
If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is
required of a single applicant in Subsection C above. A managing partner or partners shall be designated. The interest of
each partner in the business shag be disclosed. A true copy of the partnership agreement shall be submitted with the
application; and if the partnership is required to file a certificate as to a trade name under the provisions of Chapter 333,
Minnesota Statutes, a copy of such certificate certified by the Clerk of District Court shall be attached to the application.
(e) If the applicant is a coproration or other organization and is applying for an on sale license, the following:
(i) Name and if incorporated, the state of incorporation.
(ii) A true copy of Certificate of Incorporation, Articles of Incorporation or Association Agreement, and
By-Laws and if a foreign corporation a Certificate of Authority as described in Chapter 303, Minnesota
Statutes.
(iii) The name of the manager or proprietor or other agent in charge of the promises to be licensed, the
. assistant manager(s), the fond manager(s), and the beverage manager, s), giving all the information about
said person(s) as is required of a single applicant in Subsection C above.
(iv) Notwithstanding the definition of interest as given in Section 1, Subdivision I above, the application
shall contain a list of all persons who singly or together with their spouse er a parent, brother, sister, or
child or either of them own or control an interest in said corporation or association in excess of five percent
or who are officers of said corporation together with their addresses and all information as is required of a
single applicant in Subsection C above.
(f)
The exact legal description of the premises to be licensed together with a plot plan of the area showing dimensions, location
of buildings, street access, parking facilities, and the locations of distance to the nearest church building and school grounds.
(g)
An applicant for an on-sale license shall submit a floor plan of the dining room or dining rooms which shall be open to
the public, shall show dimensions, and shall indicate the number of persons intended to he served in each of said
Page 11
(h)
(i)
(k)
(I)
(m)
In)
rooms.
If a permit from the federal government is required by the laws of the United States, whether or not such permit
has been issued and if so required in what name issued and the nature of the permit.
The amount of the investment that the applicant has in the business, building, premises, fixtures furniture, stuck in
trade, etc., and proof of the source of such money.
The nantes and addresses of all persons other than the applicant who have any financial interest in the business,
building, premises, fixtures, furniture, stock in trade; the nature of such interest, amount thereof, terms for
payment, or other reimbursement. This shall include but not he limited to any lessees, lessors, mortgagees,
mortagors, lendors, lein holders, trustees, trustors, and persons who have cosigned notes or otherwise loaned,
pledged, or extended security for any indebtedness of the applicant.
The names, residences and business addresses of three persons of good moral character not related to the applicant
or financially interested in the premises or business who may be referred to as to the applicant's character or, in the
cass of a manager, the manager's character. These referrals shall be residents of the Twin City Metropolitan Area
unless either the applicant or the Columbia Heights Police Department can demonstrate to the Council that it would
be preferable to have referrals from persons residing outside of Anoka County.
Whether or not all real estate and personal property taxes for the premises to be licensed which are due and payable
have been paid and if not paid, the years and amounts which are unpaid.
Whenever the application for an on sale license to sell intoxicating liquor or for a transfer thereof is for premises
either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a
set of preliminary plans showing the design of the proposed premises to he licensed. If the plans or design are on
file with the Building and Inspection Division, no plans need he filed with the License Division.
Such other information as the City Council shall require.
5.503(5) Applications for the renewal of an existing license shall he made at least 60 days prior to the date of the expiration of the license.
If, in the judgment of the City Council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time
provided, the City Council may, if the other provisions of this ordinance are complied with, grant the application.
At the earliest pl:acticable time after application is made for a renewal of an on sale license, and in any event prior to the time that the
application is considered by the City Council, the applicant shall f~ with the City clerk a statement prepered by a certified public accountant
that shows the total gross sales and the total food sales of the restaurant for the twelve-month period immediately preceding the date for
filing renewal applications. A foreign corporation shall file a current Certificate of Authority.
5.503(6) If the application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if
by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. If the applicant is a
partnership, the application, license and bond (or insurance policy) shall be made and issued in the name of all partners.
5.503(7) License fees shall be as follows:
la)
The initial license fee shall he paid in full before the application for a license is accepted. Renewal license
fees shall be paid in full by December 20 preceding each license year. All fees shall be paid into the general
fund of the City. All licenses shall expire on the last day of December of each year. Upon rejection of any
Page 12
application for a license, or upon withdrawal of application before approval of the issuance by the City
Council, the license fee shall be refunded to the applicant.
(b) The fee for an on sale license granted after the commencement of the license year shall be prorated on a daily basis.
(c)
When the license is for premises where the building is not ready for occupancy, the time fixed for computation of
the license fee for the initial license period shall be 90 days after approval of the license by City Council or upon the
date the building is ready for occupancy, whichever is sooner.
(d)
No tranefer of a license shall be permitted from place to place or person to person without complying with the
requirements of an original application except as provided by Section 4 of tMs ordinance.
(e)
No part of the fee paid for any license issued under this ordinance shall be refunded as a result of the suspension or
revocation of a license under this ordinance. The City C. ouncil may in its judgment refund a pro rata portion of the
fee paid for the unexpired portion of a license fee, when operation of the licensed business ceases not less than one
month before the expiration of the license because of:
(i) Destruction or damage of the licensed premises by fire or other catastrophe.
(ii) The licensse's illness.
(iii) A change in the legal status of the municipality making it unlawful for a licensed business to continue.
(f) W here anew application is filed as a result of incorporation by an existing licensee and the ownership control and interest
in the license are unchanged, no additional license fee will be required.
(g) The annual licensee fee shall be set by Resolution of the Council. In the absence of a Resolution, the annual license fee
shall be $5,000.00.
5.503(8) All applications shall be referred to the Chief of Police for investigation and to such other City Departments as the City Manager
shall direct for verification and investigation of the facts set forth in the application and such other pertinent information as the Council,
Manager, or Chief of Police shall deem necessary. No license may be issued unless at the time of application the applicant shall have paid an
investigation fee as the Council shall set by Resolution. In the absence of any Resolution the fee shall be $500.00. The Council may waive a
portion of the fee upon a trading that the application for a license is caused by a mere corporate reorganization with none of the owners of five
or more percent intereet holders changing. Provided, however, that such investigation fee shall be required because of a change in the
ownership or control of a licensed corporation or because a person not previoudy listed in the original application shall seek to acquire or shall
have acquired an interest of five percent or more .of the ownership of the corporation. No investigation fee shall be charged simply because of
the incorporation of an existing license without change of ownership, control and interest in the promises or license.
At any time that an additional investigation is required because of an alteration, enlargement, or extension of premises previously licensed or a
transfer from place to place, the licensee shall pay an additional investigation fee of $100.00.
Should the City Council find that an investigation is required outside the State of Minnesota, the Council may require an investigation fee of up
to $10,000.00 or such lesser sum as the Council may set by Resolution. Upon completion of the investigation, the amount of such fee for an
outside the state investigation not actually expended, including staff costs, shall be refunded to the applicant.
5.503(9) No license shell he granted to or held by any person:
(a) Under nineteen (19) years of age.
Page
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(k)
(I)
(m)
(n)
(o)
5.503(10) Places
(a)
(b)
Who is not of good morel character and repute.
Who, if an individual, is an allen.
Who within fifteen (15) years to the application for such license has been convicted of any willful violation of any law of the
United States, the State of Minnesota, or any other State or Territory, or of violation of any local ordinance with regard to
the manufacture, sale, distribution, or possession for sale or distribution of intoxicating liquor.
Who within fifteen (15) years prior to the application has had a license under the Intoxicating Liquor Act revoked for any
willful violation of tho laws or ordinances referred to in this Section.
Who is a manufacturer or wholesaler of intoxicating liquor and no manufacturer or wholesaler shall either directly or
indirectly own or control or have any financial interest i~1 any retail business selling intoxicating liquor.
Who is directly or indirectly interested in any other establishment in the City of Colombia Heights to which an on sale license
has been issued under this ordinance.
Who is the spouse of a person otherwise ineligible for a license under this ordinance, or who is not the real party at interest
or beneficial owner of the business operated, or to be operated, under the license.
Who, if the applicant is a partnership, has any partner who would be otherwise ineligible for a license under this ordinance.
Who, if a corporation, has an owner of a five or more percent interest who would he otherwise ineligible for a license under
this ordinance.
Who is or has a proprietor or manager who is otherwise ineligible for e license under this ordinance.
A licensee who, at the time of application for renewal of a license, is not a resident of the Twin City Metropolitan Area.
Who, in the case of a partnership, at the time of application for renewal, does not have a managing partner' who is a resident
of the Twin City Metropolitan Area.
Who, in the case of a corporation, does not have a manager who is e resident of the Twin City Metropolitan Area at the time
of renewal.
No person shall own an interest in more than one establislvnent or business within Columbia Heights for which an on sale
license has been granted.
ineligibb for license are as follows:
No license shall be granted, or renewed, for operation on any premises, on which taxes, assessments or other financial claims
of the City or of the State are due, delinquent or unpaid. In the event an action has been commenced pursuant to the
provisions of Chapter 278, Minnesota Statutes, questioning the amount or validity of taxes, the Council may, on application
by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion
thereof, which remain unpaid for a period exceeding one year after becoming due.
No license shall be issued for tho premises owned by a person to whom a license may not be granted under this ordinance,
except any owner who is a minor, alien, or a person who has been convicted of a crime other than a violation of Minnesota
Page
(c)
(d)
(e)
(f)
(g)
Statutes,' Section 340.07 through 340.09. Provided, however, that no such person may hove a financial interest in the
operation of the business at such location.
No on sale license shall be granted for a restaurant that does not have a dining area, open to the general public, with a total
minimum floor area of 3000 square feet or for a hotel that does not have a dining area open to the general public with a total
minimum floor area of 2000 square feet.
No license shall be granted for any place which has a common entrance or exit between any two establishments except that
a public concourse or public lobby shall not be construed as a common entrance or exit.
No license shall be granted for any hotel or restaurant building, the nearest point of which building structure is within 200
feet of the center of the main or front door of a church measured in a straight line. A church shall have only one main or
front door for the purposes of this chapter. The erection of a church within a prohibited area or a change of location of a
main or front door, after an original application has been granted, shall net, in and of itself, render such premises ineligible for
renewal of the license. No license shall be granted for any hotel or restaurant building, the nearest point of which measured
in a straight line, is within 300 foot of a school building.
No license shell he issued for premises other than a hotel or restaurant.
No license shall be granted for any premises which does not have a sprinkler system.
5.503(11)
(a)
Conditions of license shall be as follows:
Every license shall be granted subject to the conditions of the following ~bdivisions and all other subdivisions of this
ordinance and of any other applicable ordinance of the City or State law.
(b) The license shall be posted in a conspicuous place in the licensed establishment at all times.
(c) Any police officer, building inspector, or any employee so designated by the City Manager shall have the unqualified right to
enter, inspect, and search the premises of the licensee during business hours without a warrant.
(d) Every licensee shall he responsible for the conduct of his place of business and the conditions of sobriety and order in the
place of business and on the premises.
(e) · No en sale licensee shall sell intoxicating liquor off sale.
(f) No license shall be effective beyond the space named in the license for which it was granted.
(g) No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any
person under 19 years of age, or to any person to whom sale is prohibited by state law.
(h) No person under 19 years of age shall be employed in any rooms constituting the place in which intoxicating liquors are sold
at retail on sale, except that persons under 19 years of age may be employed to perform the duties of a busboy or
dishwashing services in places defined as a restaurant or hotel or motel serving food in rooms in which intoxicating liquors
are sold at retail on sale.
(i) No equipment or fixtures in any licensed place shall be owned in whole or in part by any manufacturer or distiller of
intoxicating liquor except such as shall be expressly permitted by state law.
Page 15
O)
(k)
(I)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors from any original package which has been refilled or
partly refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of
any original package so as to change its composition or alcoholic content whi~ in the original package. Possession on the
premises by the licensee of any intoxicating liquor in the original package differing in composition or alcoholic content in the
liquor when received from the manufacturer or wholesaler from whom it was purchased, shall he prima facie evidence that
the contents or the original package have been diluted, changed or tampered with.
No licensee shall apply for or possess a Federal Wholesale Liquor Dealer's special tax stamp or a Federal gambling stamp.
No licensee shall keep ethyl alcohol or neutral spirits which are not potable on his licensed premises or permit their use on the
premises as a beverage or mixed with a beverage.
The business records of the licensee, including Federal and State tax returns, shall be available for inspection by the City
Manager, or other duly authorized representative of the city at all reasonable times.
Chqas in the corporate or association officers, corporate charter, articles of incorporation, by-maws or partnership
agreement, as the case may be, shall be submitted to the City Clerk within 30 days after such changes are made. In the
case of a corporation, the licensee shall notify the City Clerk when a person not listed in the application acquires an interest
which, together with that of his spouse, parent, brother, sister or child, exceeds five percent (5%), and shall give all
information about said person as is required of a person pursuant to the provisions of Section 4 of this ordinance.
At the time a licensee submits his application for renewal of a license, he shell state the nature and amount of any
contribution he has made in the preceding five years for state and local campaign or political purposes, the person to whom
the contribution was made and the person or organization for whom intended.
A licensed restaurant shall be conducted in such a manner that no less than forty percent (40%) of the business receipts for
license year is the serving of foods. A hotel shall be conducted in such a manner that, of that part of the total business
recaipts attributable to or derived from the serving of foods and intoxicating liquors, no less than forty percent {40%) of the
business receipts for a license year is the serving of foods.
A bowling alley shall be conducted in such a manner that no less than sixty percent (60%) of the business
receipts for the license year shall be derived from the serving of food and from bowling.
No licensee shall knowingly permit the licensed premises or any room in these premises or any adjoining building directly or
indirectly under his control to be used as a.resort for prostitutes.
No ~censoe shall keep, possess, or operate or permit the keeping, potaea~on, or operation of any slot machine, dice, or any
gambling device or apparatus on the licensed premises; and he shall not permit any gambling therein. Provided, however, that
charitable gambling and charitable gambling devices shall be permitted only to the extent specifically authorized by resolution
of the Council.
At the time of application for renewal of an application for an on sale license, the applicant shall submit proof to the City
that during the license year immediately preceding the year for which the application is made:
(i) in case of a restaurant, not less than forty percent (40%) of the gross sales of the establishment
for which the on sale license is to be issued was from the serving of food, or
(ii)
in the case of a bowling alley, not less than sixty percent (60%) of the gross sales of the
establishment for which the on sale license is to be issued was from bowling receipts and the
Page 16
serving of food.
5.503(12) No sale of intoxicating liquor for consumption on a licensed premises may be made (1) between 1:00 a.m. and 8:00 a.m. on the
days of Tuesday through Saturday; (2) between 12:00 midnight and 8:00 a.m. on Mondays; (3) after 1:00 a.m. on Sundays; or (4) between
8:00 p.m. on December 24 and 8:00 a.m. on December 25,
5.503(13) No sale of intoxicating liquor shall be made to or in guest rooms of hotels unless the rules of such hotel provide for the service of
meals in guest rooms or unless the sale of such intoxicating liquor is made in the manner on sales are required to be made or unless such sale
accompanies and is incidental to the regular service of meals to guests therein or unless tho rules of such hotel and the description, location,
and number of such guest rooms are fully set out in the application for a license.
5.503(14) Restrictions on purchase and consumption are as follow=
(a)
No licensee, his agent, or employee shall serve or dispense upon the licensed prembes any intoxicating liquor or
nonintoxicating malt liquors to any person under the age of 19 years; nor shall such licensee, his agent, or employee permit
any person under the age of 19 years to be furnished or consume any such liquors on the licensed premises; nor shall such
licensee, his agent, or employee permit any person under the age of 19 years to be delivered any such liquors.
lb)
No person under 19 years of age shall misrepresent his age for the purpose of obtaining intoxicating liquor or nonintoxicating
malt liquor nor shall he enter any premises licensed for the retail sale of intoxicating liquor or nonintoxicating malt liquor for
the purpose of purchasing or having served or delivered to him for consuming any such intoxicating liquor or beer nor shall
any such person purchase, attempt to purchase, consume, or have another person purchase for him any intoxicating liquor of
beer.
(c) No person under 19 years of age shall receive delivery of intoxicating liquor.
Id)
No person shall induce a person under the age of 10 years to purchase or procure or obtain intoxicating liquor or
nonintoxicating malt liquor.
(e)
Proof of age for purposes of consuming, purchasing, or possessing an alcoholic beverage the consumption, sale or possession
of which is regulated by age may only be established by a valid driver license or a current non-qualification certificate issued
pursuant to Minnesota Statutes, Section 171.07.
(f)
Any person who may appear to the licensee, his employees, or agents to be under the age of 19 years shall upon demand of
the licensee, his employee, or agent produce and permit to be examined Ms driver license or current nonqualification
' certificate which shall be imprinted by the licensee on forms described in Subdivision h hereof. Such imprintation shall be
prime fsole evidence that the licensee, his agent or employee, is not guilty of a violation of the above provisions and shall be
conclusive evidence that a violation, if one has occurred, was not willful or intentional.
(g)
The above imprintation shall be made by means of a mechanical device capable of leaving a true and identical copy of the
raised printing on the driver license or nonqualification certificate and shall not be merely a handwritten transcription of the
license or certificate.
(h)
The form upon which the imprintation is to be made shall be furnished at cost to the licensees and may be used as evidence
in any prosecution and by the City Council in any proceeding before the Council or a committee thereof relating to the
business or operations of the licensee. Such forms shall be kept on file by the licensee for a period of one year after
imprintation. The form shall consist of a statement of age, driver license number or nonqualifying certificate number. The
following statements shall appear on the form and shall be read and signed, dated and witnessed: "Read carefully before
signing: M.S.A. 360.731: "It shall be unlawful for any person to misrepresent or misstate his or her age or the age of any
Page 17
other person for the purpose of inducing any liconseo or any employee of any licensee or any employee of any municipal liquor
store to sell, serve, or deliver any alcoholic beverage to a minor". "M.S.A. 340.035: "It shall be unlawful for any minor to
misrepresent his age for the purpose of obtaining nonintoxicating malt liquor." "1, by witness of my signature affixed, do
hereby declare that I em 19 years of age or over and that the driver license or age credentials presented by me before signing
this statement for the purchasing of beer or liquor belong to me and no other person".
())
No person shah give, sell, procure, or purchase intoxicating liquor to or for any person to whom the sale of intoxicating liquor
is forbidden by law.
(j)
No person shah mix or prepare intoxicating liquor for consumption or consume in any public place not licensed in accordance
with the ordinances of the City of Columbia Heights and State of Minnesota.
(k) No intoxicating liquor shall be sold or consumed on a public highway or in an automobile.
5.503{15) Every apprlcant and licensee must file and maintain proof of financial responsibility with the city Clerk as follows:
(a)
A certificate that there is in effect for tho license period an insurance policy or pool providing at least $50,000 of coverage
because of bodily injury to any one person in any one occurrence, $100,000 because of bodily injury to two or more persons
in any one occurrence, $10,000 because of bodily injury to or destruction of property of others in any one occurrence,
$50,000 for loss of means of support of any one occurrence, and ~ 100,000 for loss of means of support of two or more
persons in any one occurrence;
(b) A bond of a surety company with minimum coverages as provided in Section 5.503(15)(a), or
(c)
A certificate of the State Treasurer that the licensee has deposited with the State Treasurer $100,000 in cash or securities
that may be legally purchased by savings banks or trust funds having a market value of $100,000. This section does not
prohibit an applicant or licensee from posting limits higher than those required under this section in combination with other
insurance coverage. The applicant and licensee must provide an annual aggregate policy limit dram shop insurance of not less
than $300,000 per policy year.
(d)
Any insurance certificates or policies filed with the City shall provide that the insured or insurer may not cancel the policy,
certificate or other coverage unless the canceling party has fkst given not less than 30 days written notice to the City of its
intent to cancel the policy. Any certificate or policy posted in accordance with this section must show the names of the
inswance company and agency, policy number, and policy expiration date. Receipt by the City of a notice of expiration of
required insurance or certificates or of entry into the final 30 days of the term of any required policy or certificate without a
' renewal or other complying policy being fiMd with the Clerk shall result in the immediate revocation or suspension of the
license.
5.503(16) The City Council may suspend or revoke any intoxicating liquor license for the violation of any provision or condition of this
ordinance or of any State law or Federal law regulating the sale of intoxicating liquor, and shall revoke such license for any willful violation
which, under the laws of the State, is grounds for mandatory revocation, and shah revoke for failure to keep the insurance required by Section
15 in full force and effect.
Except in the case of a suspension pending a hearing on revocation, nonmandatory revocation or suspension by the Council shall be preceded by
written notice to the licensee and a public hearing. The notice shall give at least ten days notice of the time and place of the hearing and shall
state the nature of the charges against the licensee. The Council may, without any notice, suspend any license pending a hearing on
revocation for a period not exceeding 30 days. The notice may be served upon the licensee personally or by leaving the same at the licensed
premises with the person in charge thereof. No suspension after public hearing shall exceed 60 days.
Page 18
5.503(17) Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished
by a fine of not more than Five Hundred (,500.00) Dollars and imprisonment for not more than 90 days.
SHALL HEREBY BE AMENDED TO REAO AS FOLLOWS;
SECTION 3
INTOXICATING LIOUOR
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(i)
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Page 19
i is T~lgl vlLy maLlUptm&ml-'*-- ~laaA--- lo;- - ilS-'-- ~ ~ ~, ~ ~ ul ~llU&ef ~al vol, I.~gg~ULa; IlallllOl~lllw
IlOIa~yf ~,~bgtL OlIU ~VaOlflllgdJLgll
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IlaVO
5.503(12) No person, except wholesalers or manufacturers to the extent authorized by 8tare Statute license, shall directly or indirectly deal
in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this chapter, On-sale
intoxicating gqnor gconoss may he issued to tim following establishments:
(a)
(k)
(c)
(d)
hotsle;
reda.rants with minimum mdng for 150 guests at eno time and · dining area with a minimum fluor
area of 3,000 square feet;
bowling centers with not less than fiftann innno and with allpreprints facilities for tho serving of food to
not kew tksn 30 persons;
dulm er congressionally chart"md veterans "rgan~, with tim approval of the commissioner,
previdnd that tim organization has been in existence f"r ut least them (3) years; liquor sales only to
mia and bonn fide guests.
5.503(2) On ~ intexieuting liquor licenses shall be granted ts sstsblbkmants that derive at least sixty percent (60%) of the
annual grans resaipts free the sale of feed. A imtd shah have a dining area providing seating for at least 75 guests at one
time and m miniature of ten peat runes, and ef that p"rt of tim total leanness rnoMIrtS nttribntabb to or dm'Ned from the
serving ef feeds and intsxianting liqu"rs, no less time 60% ef tks Imnimm recoilflS free a license year must be attributable to
the sale ef feed. A imwiing cout"r shall be conducted in such a manner that no Im then sixty percent (60%) of the business
receipts for tks Income year cheil be derived free the serving of feed and bowling.
6.503(3) A rnt.r~ut which anutaino a mbimus of 3,300 square f.t of hdlding ma lecatsd on dm same floor with minimum
seating f"r 150 gnoats at m thno and n condh'lind waiting and dining epnoe with a minimm floor arno ef 2,000 square feet may
make aPldicstleu for a Limited lutexianting Liq.er License Imwidnd that the prmis~ dm net contain an elevated counter,
con,nonny known as a bar and nmuts dm 60% requirements ef 5.503(2). Tim annual license fee shall be set by resolution of the
City Council. In the abm ef n rnoniutlen, dm liosass fee shah be $5500.00.
5.503(4) Ne leasco shah ks granted for any prntim which i.s not bye a spriMder system.
applic ...... ~,~,y ting liq
5.503(95) Every atica for a licenseo.... ..... ~,. ......... .o.,,.o. .,,. ;,~,~, ..,,. ......... .., ~.~',~. to sill intexlea nor on-sale shall be made on
a form supplied by tko City. Appliostleno shall ks filed with the Clerk. It shall ko mdawfni to make any false statement in an
epplicodan. By cobmitting an eppliantion, the epplicont consents te an,/and all investigations tim City deems appropriate and
waives any claim tks applicant may have. Copino ef the applicatien chnil be sabndtted to such ether City departments as the
City Council sksH dmmm nocoanmy far verifiantinn and investigation af tks facts sm(forth in tks application.
Page 20
5.503(4e) In addition to tt~e information which-may-be required by en the State Liquor Control Commissioner's form, the on-sale
intexir, ati~ Ihl~r ~ application shall contain the following
(al Type ef Iisaesa applicant sadm.
{a} ffi Whether the 8ppli~ont is 8 natural person, corporation, partnership, or other form of organization.
Ibl Ii tll~ Cq, II/II~OIIL IO g IIQLUI gl ~1 HIll tl~ I UllUflfl~ IIIIUI IIIOWUII.
IW IIBIIUI plSg OIIU UOLg UI El LIII OIIU OLI~L lO--IlL ~ Ul i~OlIL.
8~ ~1111al~ gl I1~1~ ~1~ IIIl~llllgg~ll ~i~11111~ ggig4 al~ ~{ 8llgl~ ~,
I~IIIN~La ULOLULOO; kOI LIIIOU U~ LI~ ~1~ UI LI~ U~LI~L ~WIL; Ollafl Uo OLLOklIOU LU Wig
(iv) ............. _. __ ' ' ............ -- ' :f ~ .......... ...... Gf [~ ...............
Trill flllif IIBIR QIIU ~OLIUI! UI glgl y UiI$ Ul ~u~aklUII a~l~all& G[ plOffll& o~uuff IlaVO Ug~ll
~u,,~ u, m~ ,.,m~, ~,.,m, ~r ~ ~i~ m,7 u,u,,,m~ uum, u,a,, um,~. ~[ SG, L~6 ap~tkm,~ o..,,
QII~OU ~ Oil ~I~IV~N a fll g~lg{ll~ ~ ~111galI I~tNiltI ~QIOI iglgllll VI Villi g9lllOa
alllRl IIOtUIO. II {U~ g~l~glli {llgll IUIIIl~ll IIIiWlllgilgll ~ tV il~ lglN~ ~of OlIU Igl~ill gl WIIIO,
JAil III~LI~I ~I~QIIL I1~ Olgl ~11 fll IlfllliBy II~g, II OU/ I U~UII IO~UOOL~ GAIIIUIL QII
~11 ~IOUII ~IIU
~lll~ Illalffil~L~lll~f UI g~LllWLll~ IIIlUk~gtfl~ Iqffi ~N flllg ~ humOI UI Afll LG Wig O~i~OIIL II1~
Page 21
TII Ilalllt/ aim Il IIIbUI~/UIt3LOM/ Lilt3 4)L(lLt3 UI IlIbUIJJUIaLIUIh
(c)
Full legal nme mf applicant mad appHcanto apres, plese and date uf birth, street address of residence
and length of time at that address ef tim applicant and alqdi,nt's spouse; and any other informatien
deemed neses, ry ky tim City Council er issuing antlmrity.
Wlmther tim applicant lmm ever used er been knewn by. luna other than his/imf true name, and,
what was such name er names and information concerning dates and places where used.
(ii) Name of business.
(ii,~
The nature uf any other besieses to be operated in conjunction with the on-cole of intoxicating liquor and
~ ~ m ,at is th, ewner or eperater of such other basins, and if co, the length of time in
such business.
(~)
(v)
(vii)
Street addreeses at which appH.at and currant qtou. have lived daring the preceding ten years.
Kind, name and lesatba ef every business er ecoqmtian aPlilicont er present spouan have been engaged
in during the preceding ten years.
Names and addresses of applicoat'o and qmese's empleyen and p.rtoers, if any, for the preceding ten
yanrl.
Wlmther applicant er upon# has ever been convicted ef any fabny, erisa, ar vblatio, of any ordinance
uther than traffic. If co, thu applicant shall furnish infermatian as to tim time, place and offense for
which conviatians m had.
Page 22
(~
(el
t'l
(gf-----~fl
IJl
ILl
(h~
(vii)
WbalMr applicant er apalse has ever Imm engaged as al mapby# or i. operating n bar, saloon, hotel,
r~tiurnnt, eafi, tirol er other Imsluese of · dmiler nm. If se, appli~nt aball furnish information
as t~ the tim, pI~B, nd lealth of time.
(ix) Whtbar applicant has ever been in military mrviea. If #, applicant .ball attach DDI214 form.
In tko ease of serperatbas, partnerships, er erbar fermi of ,,t, niz, tion, ,,ch infonuedon
rd~tiq to tba hlentity of seem officer, director and pmlMr ms required in 5.503(5)(¢).
If die applkalt b o cmy4rotbm er ether ergalizadem ad ia qplyleg for on on seb license, tho following
wig bo required:
(1) Nmue ad, if MaNlwoted, the stlto of ineaqleration.
(2) A true eapy of Certificate of Inearperntb. er erbar dueuemBtatbn of legal
An applicant for an on-sale license shall submit a floor plan of the dining room or dining rooms which shall be open to
the public, shall show dimensions, and shall indicate the number of persons intended to he served in each of said
rooms.
llglllgO (ill Clggllg~O~O UI Clll I, IglOUIlO ULII~i I. Ilgll LII~ II.J/II. GIlL ffllU Il(Iff ailir ifllliilbllil IIIL§II]OL J~ LIIIg UUOIII~O0I
UU,tM,,B~, pICrllllO~4e, L~[~, lUlIIILUlO, OLUbn i~ LlCZU~r LIIO IIOI, Ulg U ~ i~%O~L,BIIUUlli illgl~MIjr %1~t1110 IUI
J,lOyirl~llL~ G~ U~LIIOI IgflllgMIHIl~lll,. I I#O OIIOII IIIblM~l~ MUi IIUL ~ IIIlIIL~U LU ally lUO~uuo; mO4UlO, IIl&/I Le~clgoo/
IllUll,~l~lOf I~INUIO, ~11111UIMglOf ILIMOLflOI /IUOLUlO, CllltJ p~lOI/llO ffllbl IIOR twUOll~llgM III./tgO G~ G ~
Throe cbarWer referemm Im~-l~ within tko State of MbuesetL
Whether or not all mai estate a~/, ~e~,~& ~[~,~y taxes ad leeal oseasment, for the premises to be licensed
which are due and payable have been paid and if not paid, the years and amounts which are unpaid.
Page 23
(Q
~ILIII;I I/lallllgM ~1~ UlIMOI bUIIOLIM~LIUII I~ UIIMOI~tUIIII~ 4MUGLalILNII alLUlGILIUTIf I. UIJ~/IIt, aLIUI" Mia, Ug q~d, UlJqlalllgU U)' ~1
O~L UI plgllllllllgg y I~lallO OIIUinllll~J Lll~3 Lilt3 IdPlVIIUOI~d J/IOllllO~4' LU ~ IlbgllO~U. ~llllO alii3 UII
11113 YYI%II LII~ gMIIMIIly {311M 1110~3~LIUII UlUIOIMIIf I1~1,1 U~ IliUM ~ILII tll~ I~lla
Such other information as the City Council .hall require.
5.503(57) Applications for the renewal of an existing license .hall be made at-least a mbdmum of 60 days prior to the date of the expiration
of the license ',f ',~
. · LII~ I~IL~ ~/UMII~II, ~UUM QIIM HIIII~g~IIL bgMH IO alUgllll ilr all appil~allk lUl IlgO IQIIMIK3 LU IlK3 a
the eaflisst-pfacHcMde tm pplic i t ~ '~- "-- '~ .....
At e after a ation is made for a renewal of an on sa e licens6,
a~f, ca{[~,~ ~ c~,-~,~,-~, ~,y t,~ C~y C~,~c',:, the applicant ~all fib w~h t~ ~ CM~ a ~atement prepared by a ce~if~d public accountant
that ~ows t~ total gro~ sales and t~ total food sales of t~ re~awa~ for the twelve~nth period i~ediately ~eceding the date for
fili~ re~wal applicafio~ A f~-~ c~;~;~',~ ......... f
5.503(68) If the application is by a natural person, it shall be.signed and sworn to by such person; if by a corporatioi~, by
....... ~f or other
organization, by an autllerized representative of the
5.503(-79) Lk~r,,~ f~ ~,%~; ~ a~ f~,%w~; No license will he issued unless at the time of application the applicant has paid the license fee in
full and a non-refundable investigation fee as set by City Council resolution. In the absence of a resolution, the license fee shall be $6,500;
where all applicants are in-state, the investigation fee will be $500; where any applicants are out of state, the investigation fee shall be
$2,000. If the investigation fee for in-state or out of state applicants exceeds the minimum fee, the additional costs of the investigation will
be biffed to the applicant(s). A new application shall be submitted and a license fee and investigation fee paid when there is a change in
ownership or control of a licensed corporation. Upon rejection of any application for a license, or upon withdrawal of an application before
approval of the issuance by the City Council, the license fee shall be refunded to the applicant. In any case, the investigation fee will be non-
refundable. The license fee for an on-sale license granted after the commencement of the license year shall be pro-rated on a monthly basis.
All licenses shall expire on the last day of December of each year.
t3 Og IUI Oil Mil OO1~ llt~QllOO ylCalILOM Cl tgiL I~ ~UII#II~II~III~II~ ULII~ IIt/OIl~ yum o11(311 &JO ~/IUIQLOI&.I UII ,1 MOlly
When the license is for premises where the building is not ready for occupancy, the time fixed for computation of
the license fee for the initial license period shall be 90 days after approval of the license by City Council or upon the
date the building is ready for occupancy, whichever is sooner.
(d)----(b)
No transfer of a license shall be permitted from place to place or person to person without complying with the
quire ioi appli ~t- - f J
re ments of an or nal cation. ~zc~ .. ~,M.,M.. M~ ~.~..M,, 4 M .,,0 M,.,,,.,,...
Page 24
log palm Iai tll~ MII~AJJIIgM J/MI tlgll Ul CI Ill~Oll~ It3gj flllgli U~IaLIUII gl Ll~ IlbOlIHU U~lllO~ ~OOHO IIUL I0~ Lllall UIIg
~11 UgOLIUbLKIII MI LIOIII(II~ MI LIIO IIk,gllOOU JJItillllHO U~r II1~ UI ULIIgl b11LCiOLIUJJII13.
.................................................... h-~,~ tGtho '
5.503(10) AH epplisetians shall be referred ta the Chief of Police. The Chief ef Pdice or his/bar designee is empowered to
combst any and all investigutienc ta verify the informutlan on the application, indnding ordering i computerized crimiflal history
inquirf sktained threngk tho Criminal J.stico System and/er a driver's license hiutory inqairy as recorded by the State
Depmlmant ef Public Safety ma the al~. The qqdicotbn shah aisc he referred ta the Chief ef the Fire Department, the
Building Official end the City Planning and Zaning Dq.nlmant for I rqNrt indicathig whether slid premises are in compliance
with applicable ordillances and rngulatienc. A public hearing shall then he bold before the City Council, at which time the
applicatbn for a liconce skill be considered. OPllertanity shall he given to any poresn to be heard for or against the granting of
the license at I public hearing. The City Council may nccept er reject the license al~plicotiol in its discretion upon completion of
the public hearing.
Each license shall he ism. NIta the applicant(s) only and shall net be transferskb ta ancther holder. Each license shall be issued
only for the premises dsecrbed il the application.
5.503(611) No license shall be granted to or held by any person:
(a) U,~/J~ ,,-',,.;~,~ (; =) yGGr~ Gf q~. Who is less than 21 years ef age.
Page 25
(b)
(c)
(d}
(e)
(f)
ILT
1__1,
|1111
tUl
(k)
Who is n(~t of good moral character and repute.
.... · ,,x;, ~ .,, ,,,.,.,~,o,, i4 .,, a.~,,. Who is net · citizen of the United Stem or · resident nib·, or upon whom it is
inilrnedcd to conduct · hackgroend and financial iaveedgatbn deb to tim unavailability of information.
llllg nlLIIIII Iii Lggll ~ I Ul yogi· Wig al/~/IlbgLRIII IUI O,bll IRa·Ilea I1~ UOOll Ally lfllllllUI ll,laUUii Ally
LIIO UIIILO, ULOLOOi LII~3 ~.TLOLO I UI Oily ULIggl ULOLO Iai' gl VIUIOLIUII II./~OI UIUIIIIIIbO gVlLII
~ ~ ~ m~ of a ~ay or any v~n of ~ of ~ mt· or Io~1 ~i~m
For the sale ef iatlxJ·ltillg Ihlller en ally prmim lb ·coup.ad ip/· IN'evbus licensee who was
co~i&~l ·f · vial~tb· ·f this ordia·nco or ~ · Ik~co i~ b~ r~·knd by the C~t
VVIIUt Ul~ OlJtlllb1/llL IA L r I1~ ally IJal Lllll IlllU ff.·ItU MO ULIIIltlIH IIIGII~IUIi IUI a iiIA~iiH UilUOl LIIia UIUIIl(31rvl~,
I/ IO U!~1 O ~'l,JJIIgL.I I~IIU Ia ULIIOIIIIOO IIIOIlMIMI~ IUI O IlbgllOO UIIUil tllla Ul,lllallbO.
the proprietor of the establish·rant for which the limn is issued.
Igl
Who is or during the period of this licolm hoc·mos the be.dar .f · federal retail liquor dealer's special
tax Itolup for the sdl (if intex,·ltl.la liqlor at such pi·ea.
Page 2~
(B
Ilo lienn~e shall be iseeed ta any appllennt for a leentbe within ~00 feet ef any schuol or church, unlnce
ensh rmenen has been prevleunly approved when no m~eol or sherch was se situated.
IlO IIl~OliOO ~ ylOIILUM, UI IuIla~u I IUI uIJalOUUII UII ally ~l~ll~Of oil ~lllbll La.Of a~lllgll[O Ul ULI~I
........................... ~ ................ ~?~i ~G~F~G ..... [ ...................: ........
ILl
ItU all O~la ii~allOO OllOll go ~1 allLaU I UI o I OOLOUI gill UUO0 IIUL Ilalg o Ullllll~ GIOOI gl~l OI ~UUIIbt lllLII
~U~b ~lLII O [Via IIIIIINIlall IIUUI alOO MI CUUU ~UOIO IWL.
I J!
IIU IlballOO align u~ eI OllLaU lUg oily iiULOt ui I gOL~l gill UM$H~i Ll~ I~l$ ~UfllL UI fflllbll UUIIUIIIU OLI U~LMl~ i~
Ll~
..i ...................... ~ .......... ; ....... T~ ' f- h h ....... ' ........
oi.y Ul~ I1151 ~- IIUlIL UUUI Iai Ll~ ~wFu~o G .L~_ bllO~Lgl. ~lLIIIII a .
ran~ ~h p~i,;~s ;r~a ;o~ r~,~a; ~f ~,~. .................. ,,~ ,~,~ ~,~ ~ ~ .. ....... ~,.,,.~ ~ ............ ,gl oi,y ,,u,= o~
~ .................................. tha,~ a ha;al
II{lal{ OIIoil UO IOOM~IIM Iai ~JlallllO00 U%II~I ~' IO~lLOUlalll.
I.I
IlU II~oilO~ Oligfl UQ ~lalll, OO Iai Oily IJIOIIIIOCIO I~111~11 OugO IITIL iiiIlla o olJIIlla, fgl oyoLoill.
5.503(12-1-T) On seleintexlentbig liquor licammes grunted i~mmt te the proviaien~ of this section shall be subject to the
(a)
Every Imm shall be granted subject to the conditions and provisions of this ordinance and of tho
a. ,,u,oi ~--,,.,..,,,,,.- u, thi~ ~h-~ar, c~o,,,,-~" ~ any other applicable ordinancen of the City or State law.
(b) The license shall be posted in a conspicuous piece in the licensed establishment at all times.
(c)
Any police Imam officer, --,-,,,.a i~-,~d~ct~,-. 4~ .~y =,,v,,,y~ ~,, ,oio.a,,*.~, -y L,,* ,.,q [,~a~a~ shall have the unqualified
right to enter, inspect, and search the premises of the licensee during business hours without a warrant upon infnrmntinn
or bdief ufa violatbn of Federal, State or lecel laws. B~nm leers shall be deemed any time when licensee
or ellpleyses oru present on the premises. Refesel to permit ensh inspection in a violation of this ordinance and
gromldn for revocation of license.
Page 27
(d)
Evwy licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the
place of business and on the premises. Tim asr ef any emllkyas on dm IiconNd Premilas eutherized to sell
intoxilltJng liqller there il dasinld till let of tim IisemNm as wall, and tile licensee shill lie liable to all penalties
previded by erdhlonon, statute, or regulation equally with the enqlleyas.
(e) No on sate licensee shall sefl intoxicating liquor off sale.
(f) No license shall he effective beyond the space named in the license for which it was granted.
(g)
No intoxicating liquor shall he sold or furnished or delivered to any ekvimidy intoxicated person, ~ ~y ,~t~;/,[~,~ka[/,, to
a,. p.,.,.,, u,.,., ,o y.a,o u, as-, or to any person to whom sS is prohibited by state law.
(h)
No Hselmas shall permit 18, 19, or 20 year eld persons te rmmiin on the premises unless to perform work for the
astoblishm&at inclmding the side er serving ef aladmlic beverngml, ceasuine In&ail, and attend sasial functions
that are hdd in a perdon ef the imtoblishlWK wbere lillmW il not laid. :'~o ~a[~ u,,,o, ,o yaa[i ~ ,~a o,,u,, ua
IIU gL~LII~IIOIIL UI IIALLII°O III Oilr IlbglIOgLI plcl~g Mlall ug UlllllgM III IfllllUIg Ul III pal L uy ally IIIOIlUlObLLilOI Ul UIOLIIIOI Ul
IIILUAIbOMII~ IIqMUI OAbOpL OU~II aa O{lall UO gApl~3~ly pOIlllll, LgU Ur OLOL° I~.
(~------(i)No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors from any original package which has been refilled or partly
refilled. No licensee shall directly or through any other person delete or in any mam-ler tamper with the contents of any original
package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee
of any intoxicating liquor in the original package differing in composition or alcoholic content in the liquor when received from the
manufacturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents or the original package have
been diluted, tampered with or changed.
~11 IIU Ilkl~lhlgO ~llgll IL°ap t3Ul~l albUllUi lllllbll 13ll/ llUi ~JJ(3&/l~ uII IIiO Ilbl~llOIILI pIl~llllOOOLIIt~il
TillI I IlO IIIJOfllgO4 I~,,UI~IO U LIH3 II~l~ll~I III~IMUllI~ I ~T~3IOl lIM ~.~&OLO ILQA l~%1~i1.0, O41all U~ avallaum lUl IIlOpt3bLlUll Uy LIIG
~)
In din case of cerperatbas, partnenhips, er otller furm ef erganimtbns, when there is a
cbenge ill efficers, directors, er pertnell, a new appliontbn must be onllmittinl.
(o) At ':-,~ .................................... ~ .......... ~,~ ........ he .......................... ' - --
i LRII~ 43 IIf~IIHT30UIJIlIILO IIIO uppil~ailVii Igl igll~al o II~°llO~f glilgll OLOLG LILT} 1113LUI O UllU ~lllggll%
Page 28
RflHfl~ all~ OIIOll R bUIIU~[UU ~ OU~II II IIIU[III~1%11a% IIU [~00 UI~II Ol~iy ~IRIll, IUU Jl UUOIIIO00
IG~qJ[O IUI %1[~ OIKIII [JO ~lllUU llUIII UI~ Rll#l~ U UU Oil IUIII UUfllIII~,
IIU Ilbml~OO Otlon iLilUfflllIFy puIIIIIL Lll IIbUIIRU Oily IUUIII ~ P. IIUR plUllllOt~ lluJUIIIIIIIJ UUIIUIIII~ Ulll~bLly I:ll
IIIUllUbkl! UIIggl II10 ~UIILIUI LU U~ UO~U II0 0 IgOUIL IUI UIUOLILgLO0,
Ir k)
lie Imdliq dbwd, Hr any Imdliq dwb prekbbd by Inw. ' ...........................
1Ol
......................................... .......... ' .... ........... ~ ' - of ~,~,
QOL~HI~tllII~IIL Igl flllRdl tlR3 UII O~ MIO~ ~ tg WOO IIUlli ill~ RIIIIP~
Till
Ill LII~ kClOU UI a I~JII1illl~ effigyI IIUL IlO0 tllall OIAty pglbOllL IW/gl gl LIIg ellJN OalOO ui tll~
.........................'-' '- ..... '- ' ............. ',i t,;, ...........................
5.503(134~) No sale of intoxicating liquor for consumption on a licensed premises may be made (-1-) between 1:00 a.m. and 8:00 a.m. on the
days of M~lq ~ throqh Saturday, nr ~ 1:00 tt ~112:H mn m S~lq. ,~.,'" .oL..,, i..~,u ,-,--lUl,, II,.,
.~. Uli mulmayo, lul llltm I.UU &.~. mi OUlmayot m TWl ~t~uii .l~[. i~ IdMllg~l L"t gill U.L]V ~.~'~. Uti U~L, IIIIIU~i LO.
m,~mllpalUUO aflu io IIItdU~lltOI tu tim I[PduICU ~lgl~3 UI Ill.glO LU ~g~OLO LIK31Qlll UI Ullll3OO tll~ lumo U! ogbll IIUU3[ (alu till IJI3ObllptllJIIf IU~CILIUIIf
5 5 ~,,~ 14} ...................................................
· II~tlibtlUll~ U[[ pU, S.[,a.~ o[[u .Ulh~ml,Fmll alu aa ~u:;u..
Tal
Page 29
I_%
....................... ~ ' .......... th fr; 'Gt 'h
i~ miT ymu~buuuam aim uI Lmm ulLy uuum~mm mmm aimI pm~ ~m~u L u~,mblm u, a u~mmmmeLoO GF~G G G~i~ G L ~
UU~ U L ~GIIG ~11 ~ h~l UII I1~ g~ tl~ I~GIIG mul yom GILGI
.... ~ ...... T~ ............. f Gf ...... ; ......... ~ .................................
mUllUWll~ OLOL~I~IILO OIIOII O~OI Ull tl~ I~ill almu Ollall Ug I~QM allU ~IIP~ MgLQM OIIg ~IMI~U. ~OaU bOlalUIly UGIUIG
mmmuubll~ aim) 'mi;~E~ G~ m,y mm~iuy~ um mi1
oLumo Lu ~,m, ~vo, um um,.o, atomy o~u, mm~ uuvum~o Lu a . ~ u~ Ollall uu UlUO~lUi lUl mi7 ~G~ ~G
uu~.,,,,,~ ,, ur .,u~ ~f ~ .,y,,o~u,o .,,~u, uu
UI
ILS
IlU lim%uAI~aUIP~ IRIUUI mlamm u~ ou a puumn, mimyim~ay Gi' i~ aim aul.~miuummu.
5.503(144-3) At tim till t~ fmij la Ipp~tlthll for any .~#le Jmxinthlg liqir Ik~, thi appliuut IhllJ file with the Clerk
proof ef financial rea~ for liability. The issuer or soruty en any liakility in~rance pefley or bend shall be duly licensed
te de husiecH in the Ita~ ef Minnecute, and all decunmuts ebeH be aplKeved ec te ~utant, fornt and execution. The licensee
and tbe City s~ll be laid aa joint insured on the liability iecuran~ policy. Tbe pIl~y shell be effective for the entire license
Page 30
yeur or tmln of license.
Ptaef of flaendal retpenlliffty nay ko providd Iq ngillyiq to tie Clerk Ely of th following items:
(a)
A certificate that there is in effect for the license period an insurance policy m'-peot providing at least ~50,000 of coverage
because of bodily iH to any one person in any one occurrence, $100,000 because of bodily injury to two or more persons
in any one occurrence, ~ 10,000 because of bodily injury to or deStructian of property of others in any one occurrence,
~50,000 for loss of means of support of any one person in any one occurrence, and ~ 100,000 for loss of means of support
of two or more persons in any one occurrence; or
(b) A bond of a surety company with minimum coverages as provided in Section 5.503(145)(a), or
(c)
A certificate of the State Treasurer that the licensee has deposited with the State Treasurer $100,000 in cash or securities
that may be legally purchased by savings banks or trust funds having a market value of S 100,000. T~,;~ ~c~',,~ ~ ~t
IJIVIIlUlL all OIJIJII~OIIL gl IIT~OlIO~O IIUlll IJUOLIII~ IIIIIILO Ili~11~4 LIIEI I, IIgOO Ioq~ilggOg, I MIIM~I MIlO HbLl~/ll III bUIIIUIIIOLIUII fllLII ULIIGI
IIIOq~ (lllbObUgul--'~.'~.g I IlO alJlJIIballL OllM IITvOllO~g IIIUOL IJI ugl~l~ gll gllllUgl ~l~ClLO ~)UIIby IHIIIL UIOIII OllU~J IIIOUIQII~O UI IIUL IOO~
LIIOll ¥~,IIJUiUUU J/gl IJUllby ytsal.
(d)
IIILOI~L Lg bcIIIbO LIK3 ~vIIb~, I ~[ ~lby ~UOigg ~ ~bglMOl~ ~1/11 LIl~ NbLIUII IllUOi oIIgfl illg IlaillgO LIIO
' ............................................................. " ~ [ ~;ty f ....... ' ...........
5.503(15l Tim operation of an hitoxlenting liquor license without heviq en fib atall times with the City tile liability insurance
policy er other esidolce of financial responsibility required berrie dlall he grenndit for _.._.begne~. ate revecation ef the license.
Notice ef cenadlatien of a current Ihluor liability policy serves es notice to the lieensno of th impending revocation and unless
evidence of campliaece with th financial respensikil'~/reqehmento of thie section are presented to the Clerk before the
terminstien is effective, the license will be revoked iestondy upen th lapse in cevurnge.
Any liability inaerance required by this sestbn must provide that it may net be caaceled for:
(a) Any cauae, except fer noepoyment ef preedum, by either th inoered er the inserur unless the canceling party has
first given Ikirty data' notlee in writing to th isening autherity ef intent to caneel th policy; and
(il) Nenpoynient ef premhen unless th canceling party bas first given ten days' notice in writing to the issuing authority
of intent to nmi th polioy.
5.503(16) The City Canncil may suspend or revoke any intoxicating liquor license for the violation of any provision or condition of this
ordinance or of any State law or Federal law regulating the sale of intoxicating liquor, and shall revoke such license for any willful violation
which, under the laws of the State, is grounds for mandatory revocation, and shall revoke for failure to keep the insurance required by Section
5.503(135) in full force and effect.
....... ' .......... by II be p
~,.v, ~ .,, ,.,,.~ of a ~a~,~[~,~v,,,,--,u .............., ,,o.,,,,~ ,,,, r~v~cat;,~, Nonmandatory revocation or suspension the Council sha receded
by written notice to the licensee and a public hearing. The notice shall give at least ten days notice of the time and place of the hearing and
Page 31
shall state the nature of the charges against the licensee. The Council may, without any notice, suspend any license pending a hearing on
revocation for a period not exceeding 30 days. The notice may be served upon the licensee personally or by leaving the same at the licensed
premises with the person in charge thereof. No suspension after public hearing shall exceed 60 days.
5.503(17) Any parsee vi(dating any providon of this ordinance shall he guilty of a misdemeanor, and upon conviction thereof, shall be punished
asRKStmStatum ~,y- .... -f ........ ' ....... " ................. '" .................................. j ' --
· g IHI~ U IIUL IIIUIQ LIl~ll [11~1 II~IgWIU ~YUW,W/ U~UI~II 431iM fllgpglOUIIIIl~llL lUl IIUL IIIglg LIIgll gu uayo,
SECTION 5:
5.505(1)
5.505(2)
5.503(3)
5.505(4)
5.506(5)
5.505(6)
Section 5.505 ef Onlinamee lb. 853, City Cede ef 1977, pertainiq to tile licensing of Limited Intoxieatin_a
LIMITED INTOXlCATIlilG LIOUOR LICENSES
The provisions of Sections 5.503(1) through 5.503(17) incl~ve, with the exceptions of Sections
5.503(7)(g), 5.503(10Xc), and 5.503(12), are applicable in all respects to all persons licensed or
otherwise affected by limited intoxicating liquor licenses except as is otherwise herein specifically
provided.
The annual license fee for limited intoxicating liquor licenses shall be set by resolution of the council.
fn the absence of a resolution, the annual license fee shall be ~5,400.00.
No sale of intoxicating liquor for consumption on the premises licensed under this section may be
made (1) before 8:00 a.m. on any day; (2) after 11:00 p.m. on any day; (3) on Sundays; or (4)
betWeen 8:00 p.m. on December 24 and 8:00 a,m. on December 25.
No license shall be granted under this section for a restaurant that:
(a)
(b)
(c)
(d)
Contains less than 3,300 square feet of building ama located on the same floor;
Contains a combined dining and waiting area of .le&s than 2,000 square feet;
Contains a seating capacity open to the general public of less than 150 seats; or
Contains an elevated counter, commonly known es a bar, the primary purpose of
which is used as a place where persons may purchase and consume intoxicating
liquor.
' No lieense shall be granted under this section for the sale of any intoxica~ liquor except in
conjunction with a food purchase. No persen shall sell or purchase intoxicating liquor on premises
licensed under this section except in conjunction with a food purchase.
Any Imrsen vi(dating any provision of this Section 5.505 of this Code shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine of not more than ~500.00 and imprisonment
for rmt mere than 90 days.
SHALL HEREAFTER NE REPEALED.
SECTION 6:
Sectbn 5.509 ef Ordinanee lb. 853, City Cede ef 1977, Ire'raining te dm licensing of S##dav Intoxicatimi
Lkuer Sales wkieh anTently reds lis felbm te wit:
Page 32
5.506(1)
Establishments to which on-sale licenses have been issued or .hereafter may be issued, pursuant to
Sections 5.503 or 5.505 may serve intoxicating liqoors between the hours of 10:00 a.m. and 12:00
midnight on Sundays in conjunction with the serving of food, provided that such establishment is in
conformance with the following, to-wit:
(a)
(b)
(c)
the Minnesota Clean Indoor Air Act;
the Ikensing provisions of Sections 5.503 and 5.506;
the applicant is not in violation of any provision of this Code.
5.506(2)
No person, firm or corporation shall sell or serve, directly or in~ectly, intoxicating liquors pursuant to
Sec*ion 5.506(1) without having first obtained a special license pursuant to this section.
5.506(3)
A Sunday liquor license may be issued only for a one {1) year period coinciding with the dates of
appEcant's other license, for a fee of ~200.00. If Minnesota Statute #340.14, Sulxl. 5(b) is amended
to alew charging a fee in excess of ~200.00, the Council may, by resolution, charge a fee in excess
thereof.
5.500(4)
Any license granted hereunder may be revoked for cause or for any violation of Sections 5.503 or
5.505.
5.500(5)
The provisions of Minnesota Statute #340.112 shall apply to Sunday liqucr licenses,
5.5O6(6)
No license to serve intoxicating liquor on Sunday shall be granted under this chapter unless the
applkant makes application pursuant to Section 5.503 of this Code.
5.506(7)
The provisions of Sections 5.503(17) and 5.505(6) shall apply to any person, firm or corporation
selling or serving beverages in violation of this section.
SHALL HEREAFTER lEAl) AS FOLLOWS:
5.506(1)
Establishments to which, on-sale licenses have been issued or hereafter may be issued, pursuant to
Sectinns 5.502 aim 5.503 und-5:S95 may serve intoxicating liquors between the hours of 10:00
a.m. end ~ 2;~,~ ,,-~,~,'i~ a,-i ~a,~,~o I:00 A.M. on Mondays in conjunction with the serving of food,
provided that such estshlislanent is in conformance with the fo#owi119;~.
ILT
the Minnesota Clean Mdeor Air Act;
UI~31 II~I~IP~ ~lgllOg~alIO gl g~l, lglD ~JI.UVI.! (lin
I,II~ g~l~llbOll% I~ IIUI. III ligllil, lgll IlJI QIl~ JJIggl~ll gl l. lll~ ~.~ii~o
5.5O6(2)
No person, firm or corporation shall sell or serve, directly or indirectly, intoxicating liquors pursuant to
Sectien 5.506(1) witheut having first obtained a special reense pursuant to this section.
5.506(3)
A Sunday liquor license may be issued only for a one (1) year period coinciding with the dates of
applicant's other intexieattmg Hqeor license, for a fee of $200.00. If Minnesota Statutes f34~,
9ub~ are amended to albw charging a fee in excess of $200.00, the Council may, by
resolution, charge a fee in excess thereof.
5.506(4) Any license granted hereunder may be revoked for-cause-or er amlpended for any violation of
Page 33
r.
5.506(7)
Sections 5.503 or 5.502 ~.~,~.
m..mout, o ,a,-o~uua/r,,,,r,eu. i . -- ,,~m. al;lay Lv ummay lnliml iR. ui~xao.
ClIJ~NII~OI1L illal~go aj/j/llbaMgll I/UlOl, lClll~ iu ugvLIUII ~l.~lUd Ul I, IIIO J, fUUU.
Any INrsen vialating any prevbian of dib er~ ubdl be guilty of n mimlenNmm, and
epee eenvictian tber#f, shall be Imuiubnd as per State Statute. T~,~
~./.~/T~.I~ I l! mind ~.l.~l~J~g~T.fI OllOll al'lay LU Oily ~I310UII, IIIIll Ul bUIIJUIOUUII oolglll~ UI HIIIII~ UQVOIIagUO III
SECTION 8:
5.508(1)
5.506(2)
5.506(3)
5.506(4)
5.506(5)
5.506(6)
5.506(7)
Seetian 5.508 id Ordinance Ne. 853, City Cede id 1677, Imto~ to die licensing ef Sundsv Club
IntoxiaatiN L _immr Sales wlddl currently reads as ~ to wit:.
Establishments to which on-sale licenses have been issued or hereafter may be issued, pursuant to
Sections 5.502 may serve intoxicating liquors between the hours of 10:00 a.m. and 12:00 midnight
on Sundays in conjunction with the sewing of food, provided that such establishment is in
conformance with the following, to-wit:
(e)
(b)
(c)
the Minnesota Clean Indoor Air Act;
the licensing provisions of Suctions 5.502;
the applicant is not in violation of any provision of this Code.
No person, firm or corporation shall sell or serve, directly or indirectly, intoxicating liquors pursuant to
Sectien 5.508(1) without having first obtained a special license pursuant to this section.
A Sunday liquor license may be issued only for a one (1) year period coinciding with the dates of
applicant's other license or for such lesser period as is set by resolution of the Council. The license
fee shaft be set by resolution of the Council.
Any license granted hereunder may be revoked for cause or for any violation of Sections 5.502.
The provisions of Minnesota Statute//340.112 shall apply to Sunday liquor licenses.
No license to serve intoxicating liquor on Sunday shall be granted under this chapter unless the
applicant makes application pursuant to Section 5.502 of this Code.
The provisions of Sections 5.502(10) shall apply to any person, firm or corporation selling or serving
heveregas in violation of this section.
SHALL HEREAFTER BE REPEALED.
SECTION 10: Sastian 5.510 ef Ordnance lie. 853, City Ceeb id 1677, pertaining to the licensing of Tem,m'arv On-Sale
Intoxicadml_ Liana' Licammes which curTaady reade as felbws to wit:
5.510(1)
5.510(2)
5.510(3)
5.510(4)
A temporary license for the on-sale of intoxicating liquor in connection with a social event within the
City sponsored by the licensee may be issued to a club or charitabb, religious, or other nonprofit
organization in existence for at least three years as set forth in this sectinn.
The license may authorize the on-sale of intoxicating liquor for not more than three consecutive days,
and may authorize on-sales on premises other than the premises the licensee owns or permanontly
occupies.
The license may provide that the licensee may contract for intoxicating liquor catering services with
the holder for a full-year on-sale intoxicating liquor license issued by the municipality.
License applicants shall furnish the information required by Section 5.509(2) of this Code. In
addition, the Council may, at its option, require a license applicant to provide the information required
by 5.509(3) of this Code. If an applicant has already provided certain required information in
conjunction with applying for another license under this Code, the applicant may simply refer to the
other information by reference and shall not'he required to reproduce all such information if such
information is the same.
5.510(5)
5.510(6)
The application shall he processed in accordance with Section 5.509(5). Provided, however, the
police investigation may be waived for any applicant currently licensed under this Chapter.
The Council may accept or reject the license application in its discretion upon completion of the public
hearing, subject to the following criteria:
No license shall be issued to any applicant who is unable to demonstrate that applicant has permission to use the
prendses proposed to be licensed on the date(s) for which the license is sought.
No license shall he issued to any club who has a member convicted of a violation of any law directly related to the sale,
possession, manufacture or transportation of beer or liquor, subject to the provisions of Minnesota Statutes Chapter
364.
5.510(7)
No license shall he issued unless the applicant shall have made adequate plans and provisions to keep the liquor Within
the premises and to clean up the premises after conclusion of the event.
No license shall be issued urdess the applicant has first paid an application fee, license fee, and clean-up deposit fee in
an amount set by Resolution of'the Council. In the absence of a Resolution, the application fee shall be $200, the
license fee shall be ~100 per day or portion thereof, and the clean-up deposit shall be ~200. The clean-up deposit less
tho City's cost of clean-up and administration shall he returned to the applicant. ·
Licenses granted pursuant to the provisions of this Chapter shall he subject to tho following
conditions:
Go
No licensee or his agent may sell or permit the sale of intoxicating liquor licensed to he sold under this
section between the hours of 1:00 a.m. and 8:00 a.m. on days Monday through Saturday, nor
hetween the hours of 1:00 a.m. and 12:00 noon on Sunday. No licensee or his agent or any other
person shall consume or allow to be consumed on the licensed premises any intoxicating liquor
hetwenn the hours of 1:30 a.m. and 8:00 a.m. Should tho Council decide to additionally restrict the
hours of sale in granting tho license, no licensee or his agent may sell or permit the sale of intoxicating
Page 35
liquor at any time not specifically allowed in such license.
All licensees under this section shaft allow the b.sin., premi~ to be inspected by police or health
ofrN:iais at any time during which the premises are open to the public for business.
All licensees under this section shall maintain the sanitation conditions prescribed by 5.301 that are
applicable to the serving of beverages.
No person under the age of nineteen (19) years shaft be employed on a premises licensed to sell
intoxicating liquor "on-saM", to draw or serve intoxicating liquor.
No person or customer, other than the licensee and his employees, may remain on any licensed
premises after one-half hour after closing.
f. No licensee or his agent shall serve intoxicating liquor to a mi,mr.
No licensee or his agent shaft make or permit a sale of intoxicating liquor to a minor or to any
obviously intoxicated person.
No licensee or his agent shaft permit or allow any person to taka intoxicating liquor from th6 licensed
premises without the permission of the Council.
No licensee or his agent shall serve intoxicating liquor in any glass or metal container.
When an intoxicating liquor license is granted in conjunction with an event at which a carnival is
operating, no ftcensee or his agent shaft make any sale of intoxicating liquor to any person who
operates any ride or concession at such carnival.
5.510(8)
Licenses under this section are net valid unless first approved by the Commissioner of Public Safety.
5.510(9)
Any person violating any provision of this section shall be guilty of a misdemeanor, and upon
conviction thereof, shall be punished by a fine of not more than ~700 and imprisonment for not more
than ninety (90) days.
SHALL HEREAFTER BE AMEIIOEO TO READ AS FOLLOWS:
5.510(1)
A temporary license for the on.sale of intoxicating liquor in connection with a social event within the
City sponsored by the licensee may be issued to a club or charitable, religious, or other nonprofit
organization in existence for at least three years as set forth in this section.
5.510(2)
The license may authorize the on-sale of intoxicating liquor for not more than three fear consecutive
days, and may authorize on-sales on premises other than the premises the licensee owns or
permanently occupies, lin mere than threx few-day, fear tlwne-dny, Iix twoMny, or 12 one-
day lam¥orory iicanN., in any eon/inetian net tn exceed 12 days Imf year to any one
orgllizMian or for any m lecatian, within a twelve month lmriod. IIIo more thin one
tanqlorarf rme~e to any one organizatlan or for any one bcatlen within any 30-dny period.
Tempera7 on-sale ~ are only valid for the dates, tknes and Ineatiane specifically
stated on tim license.
Page 36
5.510(3)
5.510(4)
The license may provide that the licensee may contract for intoxicating liquor catering services with
the holder for a full-year on-sale intoxicating liquor license issued by the municipality.
License applicants shall furnish the information required by Section-~ 5.503(5) of this Code.
In ~lditlon, the Council may, at its option, require a license ~licant to provide the information ee
IIIIUIlIIBLIUII lllLII npplygl~l lUl OIIULI~I II~ll~ MllMCll Ll~lO UUM~I Llffi a~/ll~allL lllalr OlllllJi
la)
(~
(d)
(m)
(f)
la md Iidrlit uf dull/church.
Full Iqll nlm e! parlln in r, harp of ~veat it n~ appliCll~ N'I full
blll nllm il llqdiM~,, dm uf Idll~, rlmidllal ltreat lddrm lid bngth
uf tilN at that lddrlll .f ~ il dlll ami apmlll; ald any ether
infarmation dellld nlCeelary by tile City Ceumil ar illdlg lutl~.
Site pllll uf the arll where salel will eeeur indleating th lize, leeation and
nature ef tim prmilel pllnlmd to lie lllld llmlg with I Ilaplatiln of itl
rllatklnlhip to thl ldjleeat Ilrlllilll.
Clrtiflelto of Ilelperation.
Stot. llt from prWlty .w.1 Ir. Kal plli.km to .Wfln.t fl, u# of
tile prllbee on wldeb tho ltatml lativity b prapeeed.
Exeeatd lillatlre of an offlear of tho elubJcklrek.
5.510(5)
5.510(0)
All appffcatbll lhlll he rltarred to the GMlf ef PdiM. The Chill ef Peliee m' hil/her
deeilnm is mpewarld to cend~ ally mild all ~ to Vlil-f the interlatb, on
lhe ~, inclllbl ardlring a Cllpatarized crimilli himry impliry obtained through
the Grillinal JultiM Syltom iud/or a drivll;I lilllle Mlllry illpliry al ~ by the
' Stol I~ of Pdlie Slflty on the ap~ The ap11111Jtlel lklH llle he reflrll
to dm Cki.f .f thl Fh Dapitleat, the BiMi.g Offidd 1.d dm Clrf Planldilg ud Zoni.g
Dapltmelt far I report indieatillg wllatlll' llid prllilll are itl =llldilllel With lppliealllu
ardimam~ aid Fqldatioes. A Illlidle bel'iq lklll tlWl he bekl heforo die City CoUlleH, it
wililb time the ll¥11eatbn for 1 fi~llN lhdl he. eOlllidlrld. O~llity llldl he given to
lny IlerllU to be helrd far or aglinlt the graatlll of till lieenle at I public helring.
The Council may accept or reject the license application in its discretion upon completion of the public
hearing, subject to the following criteria:
b.a. No license shall be issued to any club arglnizatbl Who'l applicant has-a-member been
Page'37
convicted of a fdeny er any violation of any law ef tide ~toto er bed erdilaanee directly related
to the sale, pnssessie~, manufacture or transportation of beer, wilm or intoxicating liquor. ,--subject
LO UI~ [Jlglh~lf~llO gI~IIiIIIl~31JLO LO%UL~ I~IIII~LIOI ~j~jElf.
d:. il. No license shall bo issued unless the applicant has first paid ~ license fee-and
,.,o.,-,. ~,~,, ,.~, in an ~oont set by Raso~ion of tbo C~il. In the absene~ of a Re~lutien,
· ,,0 .~.~.,.,,,u,, ,o~ ~,,.. ,~ ,,.,,,,~, the license fee shall bo $100 per day or portion thereof. ,-and-the
o.,,,.,,...,,.,,,, o,,,., ,~ ,,,,..,,.. tG ~,~ ~:~t. Ilk lie·we will be ia·Nd unle~ at the tala· of
aPldicatian tim applicant Ime Imkl a non-refuadakle invm~igathm fie ee eat by City Council
reed·th·. Wber. all applicant· are in.stat·, tim il·ye·rig·lMm fee will be $500; wbere
any qplicoa~ ere cut of stat·, tim inve~tigatbn fee dldl be $2,600. If tim inverdgation
fee for in-st·to er ant of stat· qpiconto excoada tim minim· fel, tile additional costa of
the inve~n will be Idllad to tbe apilileant~). If tim mla~n hoh~ an existing
annlal flquer Ii·an#, an invnctigatbn fee IkNM net be coN··tad. Upon Iljnctian of any
· pplantlan fir · Iaea·la, er qNm wfl:kdrlwal of an qpNoll~· befit· IIIprov·l of the
ami·inca by tim City Canncil, the lie·nee fee dial· be rd·dad to tbe qpli&ant. In any coN,
the Invnctiqatian fee will be ncn-refuaddile.
5.510(7)
Licenses granted pursuant to the provisions of this Chapter shall bo subject to the following
conditions:
No licensee or his agent may sell or permit the sale of intoxicating liquor licensed to bo sold under this
sectien between the hours of 1:00 a.m. and 8:00 a.m. on days Monday through Saturday, nor
between the heurs of 1:00 a.m. and 12:00 noon on Sunday. No licensee g his agent or any other
person shall consume or allow to bo consumed off the licensed premLM-_s any intoxicating liquor
between the hours of 1:30 a.m. and 8:00 a.m. Should the Council decide to additionally restrict the
hours of sale in granting the license, no licensee or his agent may sell or permit the sale of intoxicating
liquor at any time not specifically afl·wed in such license.
bo
All licensees under this section shall allow the business premisas to bo inspected by police or health
officials at any time during which the premises are open to the public for-besimss. Business hours
all·Il be deemed any time wiian lie·nee· er ~ are prNmlt N ~ wemiaee. Rofml
to pmwit ·lek inqmetian is a vblatbn of tl~ erdimalN~ aim greuj far revncati·n ef
limmae.
PIll IlliOII4ggO WIIi~! LIII~ Og~kl. ll/ll OIKlll IIIglllLagl Llgg Oalfll,OLKql l~l/lllilLRIllO , LIIOIL ClIO
q,v.,~-- tG t:-G ~-~kq~ 0, ~o,,,q~o. All ·alee aim concllptian of iltoxieating liquor must
be in a ~ ·ad co~ffi~ad er~.
do
IIU pll*)gll UIItiOi illlll ling IIRiLg~11 I I gl ygol~ ,)11Oll R algpil~llli ~li
er 2il year ·Id aim'calm to remain ·n tbe INlmilee ·Ideal to plfferll work far the
estddidimeet including the eel· er ·retying of ·lc·belie beverngee.
e. Ne iBtoxicoting liquer shall be #Id er furnished er delivered to ·ny ebvbusly intoxicated
Page 38
5.51o(m
L
person er tn any person to whom sale b prohibited by state law.
b~OLUIII~ll UUi~! LIIOII Lllg lll~OIIOOl/ (lllM IHA glll~lKlyVO01 IIIO~ IgmllOlll UII gll~ II~OmlooO
~/I ~!1110~ a! LQI Ull~3'llOII IIUMI OI Lgl ~IUOIII~,
At dm tim of filing an application for any tseNm'ory an-eob intoxicating liquor license, tho
applicant dedl fib with tho Clerk proof of financial rsepandJ~ for Hakility. Tb issuer
or surety on any liddlity insurance policy or koed sliall ko duly lisensed to do bnsinsn in
tho State of Minnesota, and all doamNmta dali ko aplreved ns ta eontant, form fed
exeeedan. Tk Iiceom and tko City diall k named se jobt insured an b Ibbility
insurmnse policy. Tko policy skoll ko effoetlv, for tim entJro Ibm tenn. Th bcotinn of
the event ami data of tko avant must b indicated mt tko CortJflcota of Insurance.
Proof of financial reqmnsibility turf ko provided by eopplying ta tim Clerk any of the
felinwing item:
a. A CmlJfJcota tkot flare is in effnst for tko i ~ an inermnco policy providing
at lent t50,008 of coq Imm of kodilv injury to any ass parma in any one
eccurranco, *I06,000 koumm of bodily injury to two or moro poreons in any ann
occurreose, $10,000 be&Bm of injury to or dostrnstbn of preperty of others in any ass
oecurranse, $50,000 for loss of means of mlpport of any one pmlOll in any one oseurranco,
and t160,000 fur leos of means of impport of two or moro persons in any ass oceurranco; or
b. A bond of m surety company with minimum sevorngse ev provided in 5.510(8)(a); or
c. A sertificota of tko Stata Treoanror that dm licamno kit dopodted with that office
*10L00g in cask or seeuridse wbicl may Ioplly ko purdIOmNI by #vingt hanks ur for
trust funds koving a market vlino of t 100,060.
6.610(0)
Any Nability insuranse roquJred ky this eostinn nmst provkb that it may not ko coled for:
(m)
Any cause, except for nsnpoymont of premium, by eidlur tko insured or tko
insuror unless tim concoling party bas first givan dlirty days' nob b
iorMng to tko iselling authority of intent to corned tho polirf; and
Page
(b)
II·~·ymem ·f prmninm unless the cancalinl party hs first give· to· days'
nedca in writing to the in·lng eutherity ~f im~ to camel the policy.
5.51O(lm
Th. quratbn of · tm·per·fy .n nde imxicating bluer lichen witbeut having on file nt nil
tiuu with th. City th. lidility inurnnn policy or .Iht Hid.nM of flnnci·l
requlmildl~ required horde shall h. grmmds for inmedint· rev~Jtien of the lie·roes.
Notice of cued·nile· of n mm bluer linbHity polity serves es ntb to the licensee of
tbe knpendng resecatbn and unimm ffMenca if eonplbnca witli tim financial
rea~ ~ of tbb nctb· are presented to tike Ckrk before tbe toff·in·tie.
is effective, th. license will be revoked instantly upon the lapse in coverage.
5.510(911)
Licenses under this section are not valid unless first approved by the State of Minnesota
Commissioner of Public Safety.
5,510(126)
Any person violating any provision of this section shall be guilty of a misdemeanor, and upon
per St
conviction thereof, shall he punished esate St·tort o ,.. G; ,,., ,,.,,o ,,,o,, ..,~,~ .,,.
IIII[~I[~UIIIIT~IIL IT~I Ilgt IIIUIO tllgll IIIIK3Lw ~47~/~
CITY COUNCIL LETTER
Meetinl~ of: September 11, 2000
ORIGINATING DF.~WF.: ~ ~._CITY MANAGER
AGENDA SECTION: Public He.rigs ~ -~ Community Development._~_ ~ APPROVAL, .
NO: Ca~e # 2000-0924, 3711 Van Buren Street NE DATE: S~tember 7, 2000
Issue StsJement: This is a request for a five (5) foot rear yard setback variance to allow the consiruction of a 24
foot by 26 foot detached garage facing the alley at 3711 Van Buren Street NE. An additional variance request of
four (4) feet has been proposed to allow for the garage height to exceed fifteen (15) feet.
~ Section 9.104(5) of the Columbia Heights Zoning Ordinance requires that any accessory structure
maintain a minimum twenty (20) foot setback when the entry doors face a street or alley. The request is to allow for
the new addition to encroach five (5) feet into the required twenty (20) foot setback area. Section 9.104(5) requires
that accessory structures not exceed the height of the principal structure or fifteen (15) feet. The additional request is
to allow for the proposed garage to be built at nineteen (19) feet in height.
Analys~ 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 roles of the zoning district." In order for a
variance to be granted, hardship needs to be established. There appear to be unique topographic challenges in
question to justify granting of the five (5) foot setback variance as there is a three(3) foot change in topography that
presents challenges in placement of the garage on the property. The owner could meet setbacks, but by so doing
would lose a portion of their baekyard. However, there are some concerns about vehicles parking in f~ont of the
garage, as a fifteen (15) foot setback could be problematic for City maintenance crews. A fifteen (15) foot setback
could place some large vehicles in or near the alley right-of-way. The height variance request of four (4) feet is
being proposed by the applicants to allow for a barn style type garage to match the look of the existing house. The
additionfl rafter height would be used for storage. The proposal would intend to complement the property and
would be compatible with the existing stucco house. However, there is no hardship whereby staff could recommend
for approval. The applicant has not proven a legitimate hardship that would allow for granting of this variance. The
only issue would be whether or not the fifteen (15) foot height requirement is too restrictive. The owner feels that
the additional height is necessary to maintain a sight and sound barrier from Central Avenue.
ReeomntendatiOnS: The Planning and Zoning Commission held a Public Hearing for the request on September 5,
2000. They voted unanimously to recommend City Council approval of the five (5) foot rear yard setback variance
at 3711 Van Buren Street NE due to topographic hardship. However, the Commission voted unanimously to
recommend City Council denial of the four (4) foot height variance due to lack of hardship as the owners could
build a garage to meet the requirements, and there are no unique circumstances present that would justify a variance.
Reeommend~i Motions: Move to approve the five (5) foot rear yard setback variance at 3711 Van Buren Street
NE as the variance would be in keeping with the spirit and intent of the ordinance, and the proposal has topographic
challenges unique to the property in question that would justify a hardship.
Move to deny the four (4) foot height variance at 3711 Van Buren Street NE due to lack of hardship as the owner
could build the garage to meet the requirements.
Attachments: Staff Report; Completed application form; Survey site plan; Public Notice; Narrative; Garage pictures
COUNCIL ACTION:
Move to deny the four (4) foot height variance at 3711 Van Buren Street NE due to lack of hardship as the owner
could build the garage to meet the requirements.
Attachments: Staff Report; Completed application form; Survey site plan; Public Notice; Narrative; Garage pictures
COUNCIL ACTION:
H:Tim'sFilcsCCVar371 lVanBurenSt
Case: 2000-0924
Page: I
STAFF REPORT TO ~ PLANNING AND ZONING COMMISSION
FOR ~ SEPTEMBER 5, 2000 PUBLIC ]:[F. ARING
Case #: 2000-0924
GENERAL INFORMATION
Phone:
Owner: James Stoss/Wendy Howell Applicant: Same
Address: 3711 Van Buren Street NE
Columbia Heights, MN
(763) 788-8555
Parcel Address: 3711 Van Buren Street NE
Zoning: R-3, Multi-Family Residential
Comprehensive Plan: LDR, Low Density Residential
Surrounding Zoning
and Land Uses:
Zoning
North: R-3
Land Use
North: Residential
South: R-3
· South: Residential
East.' RB
East: Commercial
West: R-3
West: Residential
BACKGROUND
E~lanalion qf Requ~t:
The applicant is proposing to build a detached garage measuring 24 feet wide by 26 feet deep
(62..4 square feet) at the location above. A variance is being requested to allow for the proposed
garage to be built fifteen (15) feet from the rear property line abutting th~ alley, with the
ordinance requiring twenty (20) feet. An additional variance is being proposed to allow for the
proposed garage to be built eighteen (18) feet in height, exceeding the fifteen (15) foot height
requirement. The proposed garage would face the east or towards the alley. The ordinance in
question is 9.104(5), which requires garages to be set back a mirfimum distance of twenty (20)
feet from property line when the garage doors face a street or alley, and also requires that
accessory structures not exceed fifteen (15) feet in height as measured to the highest point. The
garage as pwposed would infringe five (5) feet into the required setback area. The existing house
occupies 881 square feet of property, with the proposed detached garage occupying an additional
624 square feet. The total amount of lot coverage proposed with the addition of the detached
garage would be 1,505 square feet. Ordinance 9.104(5) allows for a maximum lot coverage of up
~A for ]o~ 6,5~ ~ f~t.o~!~s. ~, lot w~ch ~~.~Pm~cl7 5,150. sql.
.. ,802 lot cov
· ~~~..' ', =~ ":':;~"'?'~:.' ~': ': .... ' ~" (,/'~ ::('~-'~:.:.~".: · :~:~ 4:: ~:':'~;': "~:-(.::~:-::"~ ':(.':"::"::'~:(::;'..)-:.~ .':":.'~:~:.~ '
~ ~ ~ ~~t zoning ~ on ~e lot. But ~e ~j~t prop~ ~ 3713 V~ B~
~t~ a ~imi~ ~ g~g~ V~e ~ 1987 to bffild 14..f~t ~m ~ r~ lot ~e, ~d a ' ·
v~ ~ b~ld ~e gmge ~ ~pmxlmately 22 feet ~. "
ANALYSIS ~ ....
Surrouading Propert~ : . . ~
The sun'ounding pro~ty to tha north, South, and w~t ia zoned R-3, Multi-Family Residential,
and is used residentially. The property to the east is zoned RB, Retail Business and is used
commercially. - .
Technical R~gview:
Accessory structures are regulated under Section 9.104(5) of the Zoning Ordinance.
Requimaents ar~ as follows..-
No accessory structm~e' Shall exceed the height of the principal structure o~ fiflem (15)
·feet, whichever'is les~:- the height °fthe garage will ' exceed this requiremcnt. The.east
' end of the garage would be approximately eighteen (18) feet high, and the west end of the
garage would be approximately sixteen (1~) feet high. This proposal requires a three (3)
foot height variance.
· No acce~ory structure or combination of accessory structures shall exce~l 1,000 square
feet - the propoeed detached garage covem 624 square feet - meeting requirements
· Any lot at or under 6,500 square feet in size may have a lot coverage of up to 35% - the
lot is 5,150 squar~ feet. The maximum allowable lot coverage for this lot is 1,802 square
feet. This proposal would cover 1,505 square feet. This proposal meets lot coverages.
· Detached accessory stmctu~ must be six (6) feet or mom fi.om the principal structure -
the proposed detached garage will be approximately twenty (20) fee~ away from the
principal structure.
· Whenever a garage is designed so fl~t the vehicle entry door is facing a street or alley,
the distance between the door and the lot line shall be 20 feet or more - the proposed
detached two-car garage Will be placed fifteen (13') feet from the rear lot line, with the
site, which limits where and how a garage could be built without reasonable difficulty. Them is
an existing one-car detached garage aa shown on site survey, which will-be removed and /'~
replaced with an uncovered carport. Staffhaa looked at possible options for building a garage to
fit within the setback and height parameters. The proposed garage could be placed further back
towards the house to meet the setback from alley. However, because of the topography of the
Page: 3 ''. '.' . ' '- "..~:' .' '.i '- :~---~..:-~.~...~ :...~<.'.-~"~Yl ', :~"-
IoL .w~cb' ~ 3 + f~t on ~e ~ ~de,' ~s To~d ~ ~v~"~ ~o~ a" l~e .- ."..:~" ";.
to~~c.~P..p~t, h0w~, a ~ (15) !~t s~b~k,~m'~e ~ to p~ ;.?~.~ ~-/.'-;.,~
~e ~d ~~y,~ ~me con~. S~ ~nc~'~Ut
ae pm~ g~e,' ~ a ~ (15) f~t ~tb~k wo~d pl~"'~me'v~gl~ ~'~0~'n~~t~ ~'~::.':;:
of-way. ~e pwpos~ v~ce ~ ~s~ ~me sH~t s~e~ co~ ~ ~e ~g ~ey..'.;:.
g~ q~te a bit of~c ~m ~y ~j~t b~~ who ~e ~e ~ey for ~ ~d ".
e~s. S~be~ev~ ~g ~g clos~ ~ ~e~ (15) f~t ~d be v~ pmbl~c for
~t~ m~t~ce ~s. How~ ~e outcome, ~e pmpos~ ~o~ g~e wo~d ~tend-to
~mpl~t ~e pmp~, ~d pm~de n~~ s~mge ~ace for ~e o~. ~e pm~ /' , '
world ~ ~pm~g on ~e ~t silgom -
~ m~on~ ~ve, a h~t v~ce is fl~ ~g r~u~t~ to ~ow for ~e pmpo~ g~ge ~ '
to be a m~m~ of ~t~ (18) f~t ~ h~t on ~e ~ ~d of ~e g~ge, ~d ~t~ (1
f~t ~ ~i~t on ~e w~t ~d a ~e. ~e o~ ~ h~g to b~d a b~ ~le ~ g~ge
to math ~e e~s~g ho~e. ~e ~on~ h~t requited wo~d be ~ for ~ a~c s~le
storage ~ S~ re~ ~s.~uest ~d beffev~ ~ ~s pmpos~ wo~d ~t~d to
compl~t ~e'pmp~ ~d wo~d be compa~ble ~ ~e ~s~g s~ ho~e. Howevg,
s~se~, n0.~p.p~t ~ to why ~e o~ c~'t comply ~ ~e ~ (15) ~t heist
~t a ~p ~ ~.r A ~O~ g~ge ~dbe b~t t0 ~ ~e-o~Ce~. Howevg,
As mentioned above, hardship needs to be established or circtunstances unique to the pwperty in
question need to be established in order for a variance to be granted. Section 9.105(3)(d) of the
Zoning Ordinance also states that the Commi~ion shall hear requests for vaziances from the
literal provisions of this Ordinance in instances where their "strict enforcement would cause
undue hardship because of c/rcumstances unique to the individual pwperty under consideration
and to recommend variances only when it is demonstrated that such action will be in keeping
with the spirit and intent of this Ordinance".
Section I of the Zoning Oxdin~. ce identifies the intent and purpose of the Ordinance. Four of
the purpose statements are identified below:
· protecting'th~'p.ublic health, safety, and general welfare;
,- dividing the ~ciiy into zones and districts rest~cting and regulating tlier~in.the location,
height, number of stories;size 0fbuildings and other.s.trtictttres; the percentage of lot
which may be occupied, the size of yards and other open spaces, and the density and
· providing adequate light,' air, and conVenienc~ Ofaccess to property; and,' .
· preventing Overcrowding of land and ttndue concentration of structures by regulating the
use of land and buildings and the bulk of buildings in relation to the land and buildings
surrounding them.
The City ComPmhemive plan designates this.area for future Low Demity Residential
Development.' The proposal does not appear to ira?act the goals' and objectives °fthe City
Comprehemive Plan. .
The positive aspects of this pwposal are as follows:
- 1. The proposal will create covered and secured off-street parking for two vehicles, which
will help to enhance the character of the residential neighborho,0d, and provide ad/iitional
off-street parking and storage space for the owners.
·: . . * . .~ ;, .
The n~gative aspects of this proposal areas follows:
1. The proposal would infringe 5 feet into the setback area for garages with doors facing an
2. The proposed garage height of eighteen (18) feet will exceed the maximum height
requirement of fifteen (15) f..e~, t; and no hardship is shown as to why the garage can't be
built to meet this requirement.
'.."".". ' .. :c?aysioN
:'~ --.,~ '~-.~ .-~..', ' .. ': .~. ~ . -~ , ' .'~-L,' i.:.~'~.~.,'~ .~'.::: ~ .. .
,~__~O~'on: '" '"
[Staff recommends approval Of the variance requeit for a five (5) foot setback because there does
k,, appear to be a topographic hardship on which to base approval. The proposal appears to be in
~ keepini with the spirit and intent of the ordinance. From staffreviewal, lot coverages will be
[ met, th~ propmy will not be overcrowded, and adequate light, air, and convenient access to the
[ property will be maintained and improved upon. However, staff recommends denial of the height
~ variance request for an additional three (3) feet in height above the fii~een (15) foot requirement,
"as the owners have not provided a legitimate hardship and the ordinance could be met.
ecom~ended Mqtion:
LM..ove tO r~ommend City Council.approval of tbe five (5) foot s~back variance request to
conztm~ a 24 foot by 26 foot detached garage facing the alley at 371! Van Buren Strut NE due
to topographic hardship, and ~be proposal is in keeping with the ~t and intent of the ordinance.
Move to rec0mmelid City coUnCil denial of the three (3) foot height variance request to construct
a 24 foot by 26 foot detached garage due to lack of hardship, as the owners could build a garage ' ' -
to meet the requirements. .. ;:; :..
Altemadve Motion: .
Move to recommend City CoUncil approval of the three (3) foot height variance request to
construot a 24 foot by 26 foot detached garage as the proposal would be consistent with other
-. ""+ ,' ~ : -.
garages in the alley, and would be consiaent with the style of the house.
-
. . . ..... -. , .. ;.
.-: ' , u.?.'. _ ,. ' _.? ! ": :..-. , . .' ...:, ..,-.:~:,.~/.,~?,.~ '[.,.,;j;,:.. ,. /-. ..
-Completed application form; sire'surVey plan~ Applicant narrative; Pi?u'~; a,~,,! p,,hlle'--,.%:..?~'~,~.~"..': ":,' '--
; - ' '~,-a;. -' -" ~'-~ ~ ' "*'~\."I ~.~Y?. · ".. ·
'.. · ' -.- '?.',~:~:~'-:=t. >;. ':~'. ;'. ~,,'..,'-
C:FI'Y OF COLU~]:& HEIGHTS
Appl~cation
lezoning - ' Appllc~on D~e
'Privacy Pence
Site 'PI~ Appr~al
,.~::~:.,-. ::.:: .... . .' · ....~ ..... . . ... _~. ~. ...... , .-
....
-' · ~ ...... .~ .,-.. ~' . -~.<~'.. ;v- ~:,.'..~..' . ~'~ ~....' .... ~. ~. ~. ~. -~
S~ree~
Applicant, ~. Owner:
. ' Z'", · ~/~,:
Descrip~l~:~ Reques~:
. ... , " '
"'~"' "- '..:::~" - " . · · . ~-,. F.-- -.,,~.-. - '
Zonin~:
Applicable. Cit7 Ordinance Number
Present Zoning
Section
Proposed z°nins.
Present Use Proposed Use
..: · . ~ - . ...... ..,,., ... .
9. lc~ovled e~ ~t acura= ~e ~dersl~ed hereby represenCs'UP~' all o~ ~e :'
penalties o~ lae, ~o~ ~e pu~ose o~ ~duc~8 ~he City o~ Col~bia ~elsh~' ~°'~e '~e
action herein requested, t~ all statements here~ are t~e ~d that all Vork here~
· engtoned e~ll ~ done ~ accord~ce e~gh ghe O~d~ces ~ ~he C~gy o~ Co[~bla
~d the' laws of ~e St~te_o~ H~esoCa. N s /
Taken BY:
City OF COLUMBIA HEIGHTS
590 ~ AVENU[ N.~.., COLUMBIA H[iGHTS, MN 55,421-3878 (612) 782-2800 TOD 782-2E~1mE¢~
PLANNING
AND
A request for a setback varianCeof five f~et to the rear property line at 3711 Van Buren Street to allow the
construction of a 24'x28' detached garage iwith the doors facing the alley.
Section 9.104(5X9) of the Zoning Ordinance states "Whenever a garage is so designed that the vehicle entry
door(s) are facing a street or alley, the distance between the door(s) and the lot line shall be twenty (20) feet
or moro.
The request also inCludes a Vadanc~ of three feet to allow the height of tho proP~sed'garqe to be eighteen
feet in height from the grade on the ~.~ide' of'the lot. ..
Section 9.104(5)(1) of the Zoning Ordinance states "No acmry structure in the "R" Districts shall exceed.
the height of the prinCipal structure or fifteen1 (15) feet in height, as measured to the highest point,
whichever is less. Private garages shall not exceed the height of the principal structure".
Notice is here~y given that all persons having an interest will be given an opportunity to he heard. For questions, you may
contact Tim Johnson, City Planner, at 763-706-3673.
Planning and Zoning Commission
CITY OF COLUMBIA HEIGHTS
Walt Fehst
City Manager
kp
The City of Columbia Heights does net discriminate on the basis of disability in the admission or access to, or treatment or
employment in, its sm'vices, 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 am available upon request when the request is made at least 98 hours in advance. Please call the City Council
Secretary at 708-3811, to make arrangements. (TDDIT08-3892 for deaf or hearing impaired only.)
THE: CITY' OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE: ON THE: BASIS OF' DISABILITY IN I[MPLOYME:NT OR 1;HE: PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYE:R
t'1 'S
~o .
~06£
~.o' [
IS
N3~na NVA
NOS),tOVI"
CITY COUNCIL LETTER
Council Meetin; of.' September 11r 2000
AGENDA SECTION: "~ ~ (Page 1 of 2) ORIGINATING DEPT: CITY MANAGER
NO: FINANCE APPRO~VAL-'~
ITEM: BEING A RESOLUTION ADOPTING A BY: WILLIAM ELRITE BS~.'~~
PROPOSED BUDGET, SETTING THE CITY, DATE: 08/31/2000
EDA, AND FIRA PROPOSED LOCAL LEVY, . . ,~'~"~
AND ESTABLISHING A BUDGET HEARING
DATE FOR PROPERTY TAXES PAYABLE IN
2001.
At the City Council meeting of August 28, 2000 the City Manager presented'the proposed levies for
2001 for the City, the Library, the EDA, and the I-IRA, along with a summary of the proposed budget
and a synopsis of the City Manager's budget message. This information was scheduled for further
review at a City Council work session on September 5th. Under the current law it is necessary for
the City to certify a proposed levy, proposed budget, and a public Truth in Taxation hearing date to
Anoka County by September 1 $*. On or before December 28, 2000 the City must certify a final levy
to the county auditor. The final levy can be less than the proposed levy, but it cannot be more than
the proposed levy.
In addition to the City's local levy, the county collects and distributes to cities an area-wide fiscal
disparities tax. Thisarea-wide tax increased last year and it is currently estimated that there may be
a slight increase for 2001. For budgeting purposes, we have used an estimated $1,000,000 for the
area-wide tax in 2001. The final area-wide tax figure will be available prior to the City's adoption
of the final tax levy. As this information is not currently available, we cannot project what the effect
of the proposed tax levy will be on local property taxes. If the area-wide tax increases, it reduces
the local tax burden. If the area-wide tax decreases, it increases the local tax burden. After we
submit the preliminary proposed tax levy to Anoka County they calculate the area-wide tax along
with the local tax to determine the amount of the tax increase to local residents. This, in turn, is
certified back to the City by Anoka County on approximately October 1, 2000.
Under Minnestota state statutes the City's public budget hearing date cannot conflict with the date
of the county, school district, or metropolitan agencies hearings. Listed below is a schedule of the
hearing dates. The City can hold their hearing on any other date between November 29 and
December 20, 2000.
Anoka County December 7 December 19
Metropolitan Agencies December 6 December 13
School District #13 December 5 December 12
City of Columbia Heights December 4 December 11
The resolution also ratifies the Housing Redevelopment Authority tax levy of $94,752 and the
Economic Development Authority tax levy of$119,295.
RECOMMENDED MOTION: Move to waive the reading of Resolution 2000-60 there being ample
copies available to the public.
Page Two
RECOMMENDED MOTION: Move to adopt Resolution 2000-60 being a resolution adopting a
proposed budget, setting the City, I-IRA and EDA proposed local levy, and establishing a budget
hearing date for property taxes payable in 2001 with the total HRA levy set at $94,752, the City,
Library and EDA levy set at $3,625,552, and the Truth in Taxation hearing date of December 4,
2000 at 7:00 p.m. in the City Council chambers.
RECOMMENDED MOTION: Move to schedule the budget review meeting with the Library Board
and the City Council for Tuesday, October 3~, at 7:00 p.m. in the Library Board room, and schedule
the City Council budget review meeting with the Park and Recreation Commission for Wednesday,
October 25th, at 7:00 p.m. in the Gauvitte Room at Murzyn Hall.
WE:sms
0008312COUNCIL
Attachment
COUNCIL ACTION:
CITY OF COLUMBIA HEIGHTS
2001 SUMMARY BUDGET PRESENTATION TO THE CITY COUNCIL
AUGUST 28, 2000
In accordance with the City of Columbia Heights budget calendar, which was modified several
years ago to correspond with state legislation on Truth in Taxation, the bulk of the budget review
has now been moved back to the months of October and November.
In Augu~ the City Council is presented with a preliminary s~ budget showing the detail
only at a fund level. In accordance with Truth in Taxation regulations, the City Council must
adopt and certify to the County Auditor a preliminary budget and a preliminary levy prior to
September 15t~. From that certification the County Auditor determines the effect that this
proposed levy will have on local property taxes. That information is then returned to the City for
the City Council to utilize in their detail budget reviews to enable them to make a final
determination on expenditures and a final determination on a city levy, which will be reviewed at
a public Truth in Taxation hearing which staffis proposing to conduct on December 4, 2000.
The attached proposed resolution includes both the revenue and expenses for 2001 along with the
proposed levy.
Attached is a proposed preYuninary resolution along with the notice from Anoka County as to
when the City Council may establish budget hearing dates. It is staff's recommendation that this
item be placed on the September 5th work session for more in-depth review of the preliminary
proposed budget and the preliminary proposed levy.
(X)08243Bt.~
August 21, 2000
Mr. Walt Fehat
City of Columbia Heights
590 40th Ave. N~
Columbia Heights, MN 55421
Dear Mr. Fehst:
COUNTY OF ANOKA
PROPERTY RECORDS AND TAXATION DIVISION
GOVERNMENT CENTER · 2100 3RD AVENUE · ANOKA, MN 55303
FAX (612) 323-5421
· Prol~nY As~ssrn~nt
.. Property Records and Public S~rvice ~
Prol~ny Tax Accounting and Re.arch [~'
The Truth t~ Taxation law, M.S. 275.065 requires cities Co hold a public budget 'hearing
for pro~er~y taxes payable in the year 2001. The dates for this hearing cannot conflict
with the initial hearing set by the county, ~etropolitan agencies or the school districts
located in your city. However, your continuation hearing~ conflict with the
continuation hearing of another taxing district. These hearings must be held between
November 29 and December 20, 2000. The continuation hearing must be at least 5 but no
more than 14 business days after your initial hear/rig. A~t~mlly, C~eg 3~9,' Laws of
c~ies unt~l lop,ember 15. The following taxing districts within your city have se= the
following hearing dates:
TAXING HEARIN~ RECONVENLNG
DISTRICT DAT~ DATE
A~loka County ................... Dece~ 7 .......... De~en~r' 19
MetropolitanAgencies .......... December 6 .......... December 1~
SD #13 .......................... December 5 .......... Dece~d~er 12
#ith this informat~on you can now se~ tb~ initial date for your public hearing and a
date ~or reconvening the meeting, if necessary. In addition, the time and location of the
initial meeting, =he phone number an interested taxpayer m~y call and your payable 2001
certified pro~o~ed property tax levy is duo ~ or k~£o=e ~e~ber 15, 2000. A proposed
levy and hearing date certification fo~m is enc3o~ed.
If you have any questions concerning ~he Truth in T~xation process, please call at
(763)323-$435.
sincerely.
Jo~n Flavin
Proper~y Tax &ccounting
Affin mtive Action I F. qu, d Opportunity Employer
ANOKACOUNTY
OFFICE OF PROPERTY TAXADMINISTRATiON
PAYABLE 2001 TRUTH IN TAXATION DATE
CERTIFICATION FORM FOR CITIES
City Name:
Public Hearing Date:
Time of Meeting:
Place of Meeting:
Continuation Date:
Continuation Time:
The "Notice of Proposed Property Tax" sent to each taxpayer
contains the following information about where to send
comments and/or review a copy of your proposed budget.
~lease ,prQvide i= as you want it to aDDear on the notice.
Name or Title:
Address:
Phone Number:
Signature of person
completing this form:
Tit~e:
Phone Number:
Date:
THIS FORM MU,gT BE ~ TO ANOKA COUNTY PROPERTY TAX
ADMI~~~BY SEPTEMBER 15, 2000
PROPOSED LEVY CERTIFICATION
TAXES PAYABLE 2001
County of Anoka
City/Municipality of
Levy Item Proposed Levy LESS HACA Proposed Certified
(A) Amount * (C) Levy (D)
(B) AmoUnt to be levied
TIll ~ L~¥i~$:
To~I 0~ L~;
Total Tax Capac~ Based ,L~,Je$: .'
Total Market Based Referendum Levies: (not tmbjeot to LGA or HACA reduction)
/qeaw~ I~M~~ ~g ~r ~ W
I hereby cert~ that the foregoing are the arr~,Jnts to be levied by the Anoka County
Department of Property Tax Accounting and Research for the named municipality.
Given under my hand this day of . .. ,2000.
City Clerk/Finance Director
h:~Rt.V~ert, doc
RESOLUTION 2000-60
RESOLUTION OF THE CiTY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
ADOPTING A PROPOSED BUDGET FOR THE YEAR 200t, AND SETTING THE PROPOSED TOTAL
CITY LEVY COLLECTABLE FOR THE YEAR 2001 AND APPROVE THE HRA LEVY OF $94.752
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS,
MINNESOTA: that the following is hereby adopted by the City of Columbia Heights.
Section A. The proposed budget for the City of Columbia Heights for the year 2001 is hereby approved and adopted with
appropriations for each of the funds listed below.
General Fund
Community Development Fund
Economic Development Fund
State Aid
Cable Television
Library
DARE Project
Capital Improvement
Infrastructure
Capital Equipment Replacement Funds
Central Garage Fund
Liquor
Water Utility Fund
Sewer Utility Fund
Refuse Fund
Storm Sewer Fund
Energy Management
Data Processing
Police/Fire Contingencies Reserve
Debt Service Fund
Total Expense Including Inferfund Transfers
Expense
8,216,490
307,762
119,045
68,100
192,399
597,234
8,825
1,991,300
0
473,537
430,893
1,102,097
1,430,297
1,245,261
1,491,610
324,212
0
274,732
0
2,129,220
20,403,014
Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds,
including general ad valorem tax levies and use of fund balances, as hereinaEer set forth for the year 2001:
General Fund
Community Development Fund
Economic Development Fund
State Aid
Cable Television
Library
DARE Project
Capital Improvement
Infrastructure
Capital Equipment Replacement Funds
Central Garage Fund
Liquor
Water Utility Fund
Sewer Utility Fund
Refuse Fund
Storm Sewer Fund
Energy Management
Data Processing
Pelice/Fire Contingencies Reserve
Debt Service Fund
Total Revenue Including Intarfund Transfers
Revenue
8,216,490
307,762
119,045
68,100
192,399
597,234
8,825
1,991,300
0
473,537
430,893
1,102,097
1,430,297
1,245,261
1,491,610
324,212
0
274,732
0
2,129,220
20,403,014
RESOLUTION 2000-60
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
ADOPTING A PROPOSED BUDGET FOR THE YEAR 2001, AND SETTING THE PROPOSED TOTAL
CITY LEVY COLLECTABLE FOR THE YEAR 2001 AND APPROVE THE HRA LEVY OF $94,752
Section C. The following proposed sums of money are levied for the current year, collectable in 2001, upon the
taxable property in said City of Columbia Heights, for the following purposes:
Estimated Area-Wide
Estimated General and Library Fund Levy
Estimated EDA Fund Levy
Total Proposed Levy
1,000,000
2,506,257
119,295
3,625,552
Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment
Authority Tax Levy for the fiscal year 2001 in the amount of $94,752.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS,
MINNESOTA: That the budget hearing is scheduled for December 4th at 7:00 P.M. in the City Council Chambers.
The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka
County, Minnesota.
Approved this 11th day of September 2000
Offered By:
Seconded By:
Roll Call:
Gary L. Peterson, Mayor
Patricia Mus~vitz, Deputy City Clerk
G:BUDGET~B2KI~RESOLUTION
Summary by Department
CITY OF COLUMBIA HEIGHTS, MINNESOTA
BUDGET 2001
8/24/00
A~tu~l A~u~I
1~8 1~
Mayor-Council 41110 172,179 211,599
City Manager 41320 343,322 364,227
Elections 41410 31,756 9,654
Finance 41510 473,216 509,272
Assessing 41550 124,337 125,925
Legal Services 41610 162,547 201,931
General Government Building 41940 142,119 140,545
Police 42100 2,042,147 2,120,412
Fire 42200 748,131 751,559
Civil Defense 42500 24,859 25,876
Animal Control 42700 9,647 12,391
Public Works 43000 0 0
Engineering 43100 270,087 355,828
Streets 43121 493,394 526,8t6
Street Lighting 43160 109,393 124,580
Traffic Signs & Signals 43170 44,673 55,150
Weed Control 43260 3,814 12,133
Adminislmtion & General 45000 211,177 185,612
Youth Athletics 45001 30.751 14~287
Adult Athletics 45003 14,081 16,799
CHASE 45004 0 21,632
Travel Athletics 45005 20,248 12,526
Back to the Parks 45006 0 0
Project Pride 45007 0 0
Trips & Outings 45030 31,561 40,665
Senior Citizens 45040 58,188 64,132
Recogn#ion/Spec~ Events 45050 44,060 62,836
Murzyn Hall 45129 162,lN9 181,916
Parks 45200 537,423 564,4g0
Tree Tdmming 46102 62,319 37,872
Dutch Elm Sanitation 46103 38,613 45.331
Dutch Elm Replanting 46104 12,070 10,082
Community DeveiopmentAdm 46310 0 0
contingencies 49200 263 4,684
Transfers 49300
Total
Adopted Department City Manager City Manager
Budget Proposed Cuts Proposed
20OO 2001
196 262 2001 2001
, 205,631 -10,000 195,831
388,852 391,945 0 391,945
37,405 6,823 0 6,823
649,621 563.138 0 563,138
144,417 145,923 0 145,923
215,265 216,460 0 216,460
125,900 150,000 -20,000 130,000
2,394,077 2,467,948 -57,809 2,410,139
769,507 850,088 -44,789 805,299
36,589 82,352 -50,000 32,352
15.650 16.150 0 16. I50
0 0 0 0
363,146 356,483 0 356,483
638,438 643,549 0 643,549
121,875 t.25,489 0 125.489
67,375 70,452 0 70,452
8,981 24,237 0 24,237
189,045 189,556 0 189,556
19,690 19,940 0 19,940
26,028 26,477 0 26,477
20,891 22,231 0 22,231
23,9C)6 22,775 0 22.775
10,000 10,000 -10,000 0
0 0 0 0
35,610 37,530 0 37,530
71,758 72,121 0 '72,121
47,528 52,220 0 52.220
243,892 273,166 -27,000 246,166
638,648 646,903 0 646,903
42,940 46,948 0 46,948
53,617 53,927 0 53,927
25,326 26,028 0 26,028
0 0 0 0
1,000 0 0 0
474,459 517,396 1,,080,572 ~,~,C~),, ,, 0 400~000
6,893,683 7,328,158 8,603:,611 8,_~!6,490 -21'9,598 7,996,892
Adopted
Budget
2001
0
RESOLUTION 2000.40
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
ADOPTING A PROPOSED BUDGET FOR THE YEAR 2001, AND SETTING THE PROPOSED TOTAL
CITY LEVY COLLECTABLE FOR THE YEAR 2001 AND APPROVE THE HRA LEVY OF $94.752
NOW, THEREFORE BE IT RESOLVED BY TH E CITY COUNCIL FOR THE CITY OF coLuMBIA HEIGHTS,
MINNESOTA: that the following is hereby adopted by the City of Columbia Heights.
Section A. The proposed budget for the City of Columbia Heights for the year 2001 is hereby approved and adopted with
appropriations for each of the funds listed below.
General Fund
Community Development Fund
Eeorl~tlic Developmem Fund
Slate Aid
Cable Television
Library
DARE Project
Inlt'astructum
Cal~itai Equipment Replacement Funds
Central Garage Fund
Liquor
Water Utility Fund
Sewer Ua#ty Fund
Refuse Fund
Storm Sewer Fund
Eftergy Management
Debt Senf~e Fund
Total Expense htr. Jading IntarfundTransfem
Expense
8,216,490
307,762
119,045
68,100
192,399
597,234
8,825
1,991.300
0
473,537
430,893
1,102.097
1,430,297
1,245,261
1,491,610
324,212
0
274,732
0
2,129.220
20,403,014
Section B. The estimated gro~ revenue to fund the budget ofthe City of Columbia Heights for all funds,
including general ad velorem tax levies and use of fund balances, a~ heminaflar .et foilh for the year 2001:
General Fund
Ei~momic Development Fund
Cable Televisiml
Capital Equipment Replacement Funds
Central Garage Fund
Water Ut;a~y Fund
Sewar Uliilty Fund
Refuse Fund
Storm Sewer Fund
Energy Management
~Pe!ice/Flre Contingencies Reserve
Debt Sewtce Fund
Total Revenue Including Interfund Tranafem
Revenue
8,216,490
307.762
119.045
68,100
192,399
597 ,234
8,825
1,991,300
0
473,537
430,893
1,102,097
1,430,297
1.245,261
1,491,610
324,212
0
274,732
0
2,129,220
20,403,0t~
RESOLUTION 2~
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
ADOPTING A PROPOSED BUDGET FOR THE YEAR 2001, AND SETTING THE PROPOSED TOTAL
CITY LEVY COLLECTABLE FOR THE YEAR 2001 AND APPROVE THE HRA LEVY OF $94,752
Section C. The following proposed sums of money are levied for the current year, collectable in 2001, upon the
taxable property in said City of Columbia Heights, for the following purposes:
EMJmated Area-Wide
Estimated General Fund Levy
Estimated Ubrary Fund Levy
Estimated EDA Fund Levy
TOtal Proposed Levy
1,000,000
1,955,989
550,268
119,2,95
3,625,552
Section D. The City Council of the City of Columbia Heights hereby appmvas the Housing and Redevelopment
Authority Tax Levy for the fiscal year 2001 in the amount of $94,752.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS,
MINNESOTA: That the budget hearing was hetd on December 4th at 7:00 P.M. in the ~ Council Chambers.
The ~ Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka
Approved this 11th day of September 2000
Offered By:
Seconded By:.
Roll Call:
G:BUDGE'P, B2KI'd~=SOLUTION
COLUMBIA ~u~GHTB ZCO~OJfZC DEVBLO~
~D& RBSO~:FI'ZO~ 2000-.~.
]LESOLUTZON O.F T]~ COLUMBZA meZGHTS ECONOMZC DrVEL01:'MENT &UTHORZTY (~D&)
]I~COI~[~IDZNG SFrl'ZNG ~ ~DA :LOCAL L~'V~.
NOW, TB~X~OIt~BE IT R~SOLV~D BY TH~ COLUMBZA~Z~HTS ~DA FOHTHE CITY
OF COLUMBIA H~ZGI~TS, MINN~BOTAz That the following is hereby adopted by the
Columbia Heights Economic Development Authority.
Section A. The following sum of money is recommended to be levied for the
current year, collectable in 2001 upon the taxable property in said City of
Columbia Heights, for the following purposes:
Recommended EDA Levy
$119,295
The Executive Director is hereby instructed to transmit a copy of Chis
resolution to the City Manager and Finance Director/City Clerk of the City of
Columbia Heights, Minnesota.
APPROVED THIS .~Sth DAY OF Auaust, 2000.
MOTION BY:
ROLL CALL: AYES:
NAYS:
SECONDED BY:
Attest by:
~tor
H t \Resoluc:Lmm\ed, dmdreo2000-11rev
HOUSING AND REDEVeLOPMeNT AUTHORTTY
Tn and for COLUMB~A ~ZGHTS
~ Z~SOLUTZON 2000-02
I~BOI'.U~ZON OF ~ IlOU~ZNG AND ~J~DrV'~O~iZlrl' AU"I~ORZTY ZN AND FOR COT.UMBZA
I~ZGHT8 (I~A) ADOPTTNG A PRELZMIN~Y BUDGET AND R~COMMENDATZON S1eTTING THE BRA
LOCAL LEVY.
IOW, TliBRBFOR]E BB IT RBSOLVBD BY THB H3tA ~OR T~B CITY OF COLUMBIA
Z~ZG~T~, MINNBSOTA: That the following is hereby adopted by the Housing and
Redevelopment Authority in and for Columbia Heights.
Sec~io~ A. The budget for the Housing and Redevelopment Authority in and for
Columbia Heights for the year 2001 is hereby recommended for preliminar~ City
Council approval with appropriations for the funds as listed below.
FOND NAMB FUND/DBPT. NO. EXPBNSBS
Comm. Devel. HRA
299-46320 106,752
Section B. The estimated gross revenue to fund the budget of the HRA for-said
fund, including general and ad valorem tax levies, as hereinafter set forth
for the year 2001:
~ FOND/DrPT. NO. REF~NUB
Comm. Devel. HRA 299-46320 127,151
Sec~ioa C. The following sums of money are recommended to be levled for the
current year, collectable in 2001 upon the taxable property in said City of
Columbia Heights, for the following purpose:
Recommended HRA Levy
$94,752
The Executive Director is hereby instructed to transmit a copy of this
resolution to the City Manager and Finance Director/City Clerk of the City of
Columbia Heights, Minnesota.
APPROVED THIS.28th
MOTION BY:
ROLL CALL: AYES:
NAYS:
DAY OF~, 2000.
Attest by:
Wa~ter R.
SECONDED BY:
Levy Survey:
Percentage
Mmmdsvi~ 18.00%
Maplewood 10.00- 15.00%
Coon Rapids 11.48~
Andov~ 11.00%
Colmnbia Heights 10.00%
Ros~nount 8.95%
l~usmrnle 7.76%
~ Park 6.40%
~horeview 6.30%
ltopttns 6.00%
Edina 5.77%
Fridley 5.00%
lVlinn~onka 4.00%
~ :3.87~G
~ 2.97~G
CITY COUNCIL LETTER
Meeting of: 9/11/00
AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER
ITEM: RESOLUTION ACCEPTING BIDS AND BY: K. Har00e~~
AWARDING CONTRACT FOR MSC CONCRETE FLOOR DATE: 9/6/
REPAIRS AND COATING
Background:
On August 14, 2000, the City Council authorized staffto seek bids for repair and coating of the MSC garage floor. Specifications
were prepared and advertised for bids in the Focus on August 24, 2000. Specifications were sent to six Contractors with three bids
submitted.
Analysis:
The low bid was submitted by TMI Coatings, Inc. of St Paul, Minnesota, in the amount of $24,980.00. Although the low bid is
more than the 2000 budgeted amount of $17,500, unspent funds are available in the Central Garage Capital Outlay budget to cover
the difference. Staff considers this work routine and necessary maintenance to protect the sm~ctural integrity of the floor and
recommends award of the project, with funding provided fxom Central Garage Fund 701-49950-5120.
Recommended Motion: Move to waive the reading of Resolution No. 2000-64, there being ample copies available to the public.
Recommended Motion: Move to approve and adopt Resolution No. 2000-64 accepting bids and awarding the MSC Concrete
Floor Repairs and Coating to TMI Coatings, Inc. of St. Paul Minnesota, in the amount of $24,980.00 based upon their low
qualified responsible bid; and, furthermore to authorize the Mayor and City Manager to enter into an agreement for the same.
KH.-jb
Attachments:
Bid Opening Minutes
Resolution
COUNCIL ACTION:
· - [
RESOLUTION NO.2000-64
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR
2000 CONCRETE FLOOR REPAIRS AND COATING
PROJECT NO. 0016
WHEREAS, pursuant to an advertisement for bids for 2000 Concrete Repairs and Coating
Project No. 0016, bids were received, opened and tabulated according to law. The following
bids were received complying with the advertisement:
Bidder
TMI Coatings, Inc.
Pro Maintenance
Floors Northwest Inc.
Base Bid
$24,980
$26,018
Not read, no Bid Bond
WHEREAS, it appears that TMI Coatings, Inc. 2805 Dodd Road, St. Paul, Minnesota is the
lowest responsible bidder.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA:
The Mayor and Clerk are hereby authorized and directed to enter into a contract with TMI
Coatings, Inc. in the name of the City of Columbia Heights for 2000 Concrete Repairs
and Coating, Project No. 0016, according to plans and specifications therefore approved
by the Council.
The City Engineer is hereby authorized and directed to return, forthwith, to all bidders,
the deposits made with their bids except the deposit of the successful bidder and the next
lower bidder shall be retained until the contract has been signed.
3. City Project #0016 shall be funded with approximately 100% City funds.
Dated this 11t~ day of September, 2000.
Offered by:
Seconded by:
Roll Call:
CITY OF COLUMBIA HEIGHTS
By:.
Gary Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
CITY OF COLUMBIA HEIGHTS
Minutes of Bid Opening Tuesday, September 5, 2000 at 2:00 a.m.
City Project No. 0016
2000 Concrete Floor Repairs and Coating
Pursuant to an advertisement for bids for City Project No. 0016, an administrative meeting was
held on September 5, 2000 at 2:00 p.m. for the purpose of bid opening. Bids were opened and
read aloud.
Attending the meeting were:
Kevin Hansen, Public Works Director/City Engineer
Joanne Baker, Public Works Secretary
Bids were opened and read aloud as follows:
TMI Coatings, Inc.
Pro Maintenance
Floors Northwest Inc.
$24,980
$26,018
Not read, no Bid Bond
Respectfully submitted,
Public Works Secretary
CITY COUNCIL LETTER
Meeting off 9/11/00
AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER
ITEM: RF~ON OF BIDS FOR THE CENTRAL BY: K. Hansen-~e..~f,~ BY:
AVENUE BACKLIT STREET SIGNS CP 1999-20 DATE: 9/6/00 ~'~ DATE: ~/t?///~
Backgronml:
City Council o~dered advertisement for bids for this project at their July 10, 2000 meeting. One bid was received and read
publicly aloud at 10:00 a.m. on Tuesday, August 15, 2000. Bid Opening Minutes are attached.
Analysis/Conclusions:
The single bid received in the amount of $74,500 is approximately 29% over the Engineer's Estimate of $58,000. It is Public
Works' recommendation to reject the bid and to add this work to the Centnfl Avenue Project which is currently scheduled to be
bid in March of 2001. With a large project including other traffic signal/electrical work, it would be expected to receive bids more '
consistent with the Engineer's Estimate.
Recommended Motion: Move to waive the reading of Resolution No. 2000-63, there being ample copies available to the public.
Reeommemied Motion: Move to consider Resolution No. 2000-63 for 2000 Improvement Program Project No. 1999-20 to
reject the bid received and to add the project to the Central Avenue Street, Utility and Streetscaping, City Project No. 1999-12.
Attachment:
Resolution
Bid Opening Minutes
COUNCIL ACTION:
RESOLUTION NO. 2000-63
RESOLUTION REJECTING THE BIDS FOR THE
2000 IMPROVEMENT PROGRAM
CITY PROJECT NO. 1999-20
UNIVERSITY AVENUE INTERNALLY LIT SIGNS
WHEREAS, the Council ordered the bidding for the 2000 Improvement Program: City Project
No. 1999-20, and
WHEREAS, a formal bid opening was held on August 15, 2000, at 10 a.m., and
WHEREAS, a single bid was received, and
WHEREAS, the lowest bidder's bid is 29 percent over the Engineer's Estimate
NOW THEREFORE BE IT RESOLVED THAT: The 2000 Improvement Program Project
No. 1999-20 bids received August 15, 2000, be rejected and staffbe directed to add the project to
the Central Avenue Street Utility and Streetscaping Project, 1999-12, to be bid in 2001.
Adopted by the City Council of Columbia Heights this 11th day of September, 2000.
Offered by:
Second~:l by:
Roll Call:
CITY OF COLUMBIA HEIGHTS
By:
Gary Peterson, Mayor
Patricia Museovitz, Deputy City Clerk
CITY OF COLUMBIA HEIGHTS
Minutes of Bid Opening Tuesday, August 15, 2000 at 10:00 a.m.
City Project No. 9920
University Avenue Internally Lit Signs
Pursuant to an advertisement for b~ds for City Project No. 9920, an administrative meeting was
held on August 15, 2000 at 10:00 a.m. for the purpose of bid opening. Bids were opened and
read aloud.
AttendLng the meeting were:
Kevin Hansen, Public Works Director/City Engineer
Joanne Baker, Public Works Secretary
Bids were opened and read aloud as follows:
Noflhern Traffic Supply, Inc.
$74,500.00
Respectfully submitted,
Public Works Secretary
q-A-!
MEMBERS
CITY OF COLUMBIA HEIGHTS
Ted Yehb
I Ilfl[I I / I I I Stq~h~m Jeh~on
590 40TH AVENUE N,E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 Tmmara Er=on
PLANNING AND ZONING COMMISSION
REGULAR MEETING. MINUTES
Slptendllr 5, 200O
The September 5, 2000 Planning and Zoning Commission meeting was called to order at 7:00 p.m. by Chairperson
Romsdel. Members present were Ericson, Johnson, Yehle, and Rams(left. Commissioner Hanson was not in
attendance. Aisc present were Kathryn Pepin (Secretary to the Planning and Zoning Commission), and Tim
Johnson (City Planner).
MOTIOI by Yehle, seconded by Johnson, to approve the minutes from the meeting of August 8, 2000 as
presented in writing. Voice Vote: All Ayes. Motion passed.
NEW BUSINESS
Public Hearing
Conditional Use Permit
Case #2000-0922
HAWEnterprisos
RE: 5101 University Ave. N.E.
Columbia Heights, Mn.
Tim Johnson presented the request of Jeffery Bauer of HAW Enterprises doing business as 30 Minute Muffler for a
Conditional Use Permit to aflow for a new owner/operator to conduct motor vehicle sales and auto repair at the
current 30 Minute Auto site.
He informed the Commission that a prior conditional use permit was issued to James Eng in September 1990 to
allow for used motor vehicle sales in conjunction with an auto repair business. He stated that the surrounding
property to the north and south is zoned as RB and is used conmmrcially. The property to the east is zoned as R-2
and is used residentially. The property to the south is in the City of Fridley.
Mr. Johnson stated that according to Section 9.113(2)(g) of the Columbia Heights Zoning Ordinance, a Conditional
Use Permit is required for "Motor fuel stations (minor) and major fuel stations with minor repairs (not to exceed four
bays) subject to Section 9.103(63):" In addition, Section 9.113(2)(k) of the Retail Business Section of the Zoning
Ordinance states that a Conditional Uss Permit is required for "Vehicles not to exceed 2 tons, for sale in conjunction
with only automobile repair businesses which de not sell fuel, provided that the following requirements are met: 1.
Parking area for car sales cannot eliminate required parking spaces for primary use; 2. No more than ten vehicles
can be displayed for sale at any one time; 3. Traffic flow on lot, lighting, parking lot striping must be approved
through the Conditional Use Permit process before approval for such operation can be granted; 4. Size, type and
style of any signage for such vehicle must be within vehicle at all times and approved by staff; 5. All required state
and local licenses must be obtained".
He informed the Commission that the applicant is not proposing any significant changes to the site. The site has
THE CITY OF' COLUMBIA HEIGHTS DOE:S NO3' DISCRIMINATE: ON THE: BASIS OF' DISABILITY IN E:MPLOYMENT OR THE: PROVISION OF' SERVICE:S
EQUAL OPPORTUNITY EMPLOYE:R
PLANNING AND ZONING COMMISSION
REGULAR MEETING- MINUTES
SEPTEMBER 5, 2000
Page 2
functioned as an auto repair business and sales lot for some time, and, as such will not change with this proposal.
The auto repair business currently operates three service bays, ar.(] is approved for sams of ten vehicles. The new
business would only maintain what is currently operating. The new owner/operator is also a certified ASE Auto
Technician.
According to 9.116(18), Motor fuel stations in aH districts shall be subject to the following standards:
The setback of any canopy or weather protection, freestanding or projecting from the station structure shall
net he less than ten (1 O) feet from the street right-of-way line nor less than twenty (20) feet from an
abutting property line. The existing canopy meets and exceeds these requirements.
The sale or rent of motor vehicles, trailers, campers, beets, and other items which are not kept entirely
within the building shall require an approved open sams lot. Used car sams are proposed and the existing
sales lot had prior conditional use approval.
A minimum ten (10) foot landscaped yard shall he provided along all abutting public right-of-way lines,
except where approved driveways occur. This requirement is met.
Ag goods offered for sale on the motor fuel station site other than those generally required for the operation
and maintenance of motor vehicles shall be stored, sold and displayed within a building. This requirement
will be met.
All trash, waste material and unwanted motor vehicle parts shall be stored within a separate enclosure
behind the building. The trash is currently stored in an enclosure behind the building.
All outside parking spaces shah be located to the side and/or rear of the principal building. The parking
arrangements shaft continue as they exist today and per site plan submitted. The parking proposed exceeds
the requirements of the ordinance.
The outside ligMing system shah be approved by the City and shall he so designed to prevent any undue light
therefrom being directly visible from the public right-of-way or abutting lots. The new owners are not
proposing any changes to lighting, as the lot is currently lit during the evenings for security purposes, and
does not shine onto adjacent reddmltid properdee.
Wherever a motor fuel station abuts an "R" District, a fence not less than fifty (50) percent opaque nor less
than six (6) feet high shall be erected and maintained along the side and rear property line that abuts the "R"
District. There is currently a privacy fence for separation from the residential properties to the east
approximately six feet in height.
Minor motor fuel stations shall have two service stalls, one of which may have an automatic or semi-
automatic auto wash inetalbd, provided the station can accommodate six (6) off-street parking spaces in
PLANNING AND ZONING COMMISSION
REGULAR MEETING- MINUTES
SEPTEMBER 5, 2000
Page 3
addition to those required herein. The entrance doors for the service stalls shall not face toward
the principal street on which the station is located. This station currently has three (3) service
stalls, and has twenty-sight (28} plus off-street parking spaces. The existing service stalls face
toward the frontage road as the building is considered legal non-conforming.
Access or ingress curb cuts to a motor fuel station shall rot he less then fifty (50) feet from the curb line
intersection on secondary thoroughfares and eighty (80) feet on major thoroughfares. No curb cuts are
proposed as curb cuts are existing.
Mr. Johnsen informed the Commission that the Zoning Ordinance requires that this business provide at least twelve
(12) parking spaces on site. According to the site plan, there are thirty-five (35) plus off-street parking spaces, of
which seven (7) spaces will be used for the display of used vehicb sales. The vehicles for sale will be located at the
front of the lot facing 5 l't Avenue and University Avenue, thereby maintaining consistency in appearance. Staff will
require that the vehicles for sale display their signage and identification in the vehicle at all times. Staff has visited
the site and has relatively few concerns as the current type of business will not change. There is also adequate
ingress and egress on site and off-street parking exceeds requirements. He added that the City Comprehensive Plan
designates this area for commercial use. It was his opinion that the proposal should not negatively impact any nearby
residential areas as the current use will continue and will be consistent with the City Comprehensive Plan.
Commissioner Yohle asked staff if there had been any complaints regarding the site. Mr. Johnson responded in the
negative.
Chairperson Ramsdefl opened the public hearing.
Gerald Wager of 5052 N.E. 4= Street expressed concern with the dumping of trash at the site on weekends or when
the business is closed. He also was curious if any expansion of the business was planned.
Mitchell Watson of 5056 N.E. 4t" Street was also present to voice concern regarding the dumping of trash after
hours as well as the break-ins and vandalism that has occurred. He also addressed the problem with the snow being
plowed onto the right of way across the street in the pest causing large snow banks or snow is left in the street
creating ridges or mounds of snow.
Jeff Bauer, new owner of the operation, was present. He stated that the dumpster will be moved to be adjacent to
the building, enclosed with a gate and lock. He has installed live security cameras around the site to deter theft and
vandalism. He added that it is his intent to store snow on the lot on the north side. If he has to remove some of the
"for sale" vehicles in order to have enough snow storage on the site, he will as vehicle repair is the major business
with sales a secondary operation.
Chairperson Ramsdefl stated that storage of snow is required on site or to be removed from the site and not pushed
onto the street or right of way, which is illegal. He asked if the lighting is adequate for the site.
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Mr. Bauer felt the lighting was adequate. However, if necessary, he would space the "for sale" vehicles farther
apart on the lot. He also stated that a lot of the unrepalrable vehicles and junk have been removed from the site.
Commissioner Ericson asked Mr. Bauer when he took over the operation. Mr. Bauer responded that he took
possession of the business on June 1, 2000.
Commissioner Johnson asked staff if there was anytMng in the Zoning Ordinance that limited the number of vehicles
that could be repaired. Staff responded in the negative.
Chairperson Ramsdell closed the public hearing.
Metien by Yehle, seconded by Johnson, to recommend to the City Council the approval of the Conditional Use Permit
to allow for auto repair and used vehicle soles to continue, subject to the following conditions:
1. A.II required state and local codes, permits, licenses and inspections wifl be met and in full compliance.
2. All screening requirements of the Zoning Ordinance for fencing and trash enclosure shall be in compliance.
3. Used vehicle sales shall be limited to a maximum of ten (10) vehicles, and vehicle signage must be displayed
within vehicles at all times.
Voice Vote: All Ayes. Motion Carried.
**THIS ITEM TO APPEAR ON THE SEPTEMBER 11, 2000 CITY COUNCIL AGENDA.
Public Hearing
Variance
Case #2000-0§23
St. Timothy's Lutheran Church
825 N.E. 51'* Avenue
Columbia Heights, Mn.
Mr. Tim Johnson presented the request of St. Timothy's Lutheran Church for a setback variance to allow the
placement of a new electric lighted monument type sign measuring thirty-two (32) square feet, nine (9) feet from the
front property rifle at 825 N.E. 51" Avenue. This sign is being proposed to replace a prior sign that was destroyed by
a vehicle in 1997. The prior sign was approximately 8.4 feet from the front property line facing 51" Avenue. A
variance of twenty-om (21) feet is being requested to allow for the proposed sign to be placed nine (9) feet from the
front property fine, as the ordinance requires a thirty (30) foot setback for freestanding signage. The ordinance in
question is 9.117A(13), which requires that freestanding signs meet the same setbacks as structures from their
respective property lines. The purpose of this request is to install attractive ground level monument type church
signage that will be visible to passing vehicles.
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He informed the Commission that the surrounding property to the north and east is zoned Commercial and is used for
commercial purposes. The surrounding property on the south is zoned both as R-1 (single-family), and R-2 (two-
family), and is used residentially. The property on the wast is used as a Park.
Mr. Johnson stated that Freestanding Signs are regulated under Section 9.117A(7) of the Zoning Ordinance with
requirements as follows:
One institutional sign not to exceed thirty-tWo (32) square feet per surface and limited to two (2) surfaces.
The proposed sign which is thirty-two (32) square feet meets this requirement.
The maximum height of a sign, including its structures, shall not exceed eight (8) feet above the grade at
street level, or at the base of the sign, whichever is higher. This requirement will he met as the height will
be approximately six (6) feet above grade.
Front yard setback shall he a minimum of 30 feet from front property Hne. The proposed sign will he nine
(9) feet from the front property line.
The minimum front yard requirements for freestanding signs shall be the same as that required for any other
structure within the zone where such sign is located. The proposed sign will be setback nine (9) feet from
the front property line.
Ali illuminated signs shall be shielded in such a way as to protect the rights of adjacent property owners
from nuisance. The sign will be illuminated and shielded.
Ne animated signs shall he permitted. None proposed.
With the exception of the front yard setback requirement, it was Mr. Johnson's opinion that the proposal meets the
minimum requirements of the Zoning Ordinance adding that the prior freestand'mg sign was setback at 8.4 feet from
property line before it was destroyed by a vehicle in 1997. The prior sign was also further west from where the
proposed sign will be placed. Section 9.105(3)(o) of the Zoning Ordinance states the following: "in recommending a
variance, it shall he found that by reason of narrowness, shallowness, or shape of lot or whereby 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."
Staff has visited the site and believes that a hardship exists in reletion to the.placement of the sign. The sign could
he placed on the site to meet the thirty (30) foot setback, but by so doing would put the sign in the parking lot. A
monument type sign would obviously not be conducive in this location, and would also interfere with existing parking
staffs. The sign would appear to be somewhat obstructed by a row of trees to the east of the proposed sign. There
appear to be circumstances unique to the situation whereby a variance could be granted and a hardship could be
established. Mr. Johnson informed the Commission that Staff has dso researched numerous other City Sign
Ordinances and found a typical sign setback of ten feet for institutions in residential neighborhoods. With the Zoning
Ordinance rewrite, this monument type sign proposed would be a nice enhancement to the property, and would
provide needed visibility for passing vehicles.
He reminded the Commission that a hardship needs to he established for a variance to he granted adding that
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Section 9.105(3Xd) of the Zoning Ordinance also states that the Commission shall hear requests for variances from
the literal provisions of this Ordinance in instances where their "strict enforcement would cause undue hardship
because of circumstances unique to the individual property under consideration and to recommend variances only
when it is demonstrated that such action will be in keeping with the spirit and intent of this Ordinance".
He further stated that Section 1 of the Zoning Ordinance identifies the intent and purpose of the Ordinance. Four of
the purpose statements are as identified below:
protecting the public health, safety, and general welfare;
dividing the City into zones and districts restricting and regulating therein the location, height, number of
stories, size of buildings and other structures, the percentage of lot which may be occupied, the size of
yards and other open spaces, and tile density and distribution of pupulstion;
providing adequate light, air, and convenience of access to property; and,
preventing ovemrowding of land and undue concentration of structures by regulating the use of land and
buildings and the bulk of buildings in relation to surrounding land and buildings.
Mr. Johnsen informed the Commission that the City Comprehensive Plan designates this area for future commercial
development adding that the proposal does not impact the goals and objectives of the City Comprehensive Plan.
Mr. Johnsan stated that staff recommends approval of the variance request, but recommends that the proposed
freestanding sign be placed a minimum of ten (10) feet from front property line, rather than the nine (9) feet
proposed adding that this proposal appears to be in keeping with the spirit and intent of the ordinance, and is
consistent with other cities sign ordinances. Mr. Johnson stated that Staff has spoken with church representatives
and informed them of the staff recommendation. Staff has received no objections to this request at this time.
Chairperson Ramsdall asked the representatives of St. Tim's if there was any opposition to changing the setback to
ten feet. They responded in the negative.
Chairperson Ramsdefl opened the public bearing. The public hearing was closed as no one was present to speak
regarding this request.
Metien by Yehle, seconded by Ramsdeft, to recommend to the City Council the approval of a twenty (20) foot
variance request as a hardship exists for placement of the proposed sign, and the proposal is in keeping with the
spirit and intent of the ordinance. Voice Vote: All Ayes. Motion passed.
**THIS ITEM'TO APPEAR ON THE SEPTEMBER 11, 2000 CITY COUNCIL AGENDA..
Public Hearing
Two Variances
Case #2000-0924
Wendy Howell
3711 Van Buren St. N.E.
Columbia Heights, Mn.
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The applicant is proposing to build a detached garage measuring 24 feet wide by 26 feet deep (624 square feet) at
3711 Van Buren Street N.E. A variance is being requested to aftow far the proposed garage to be built fifteen (15)
feet from the rear property line abutting the alley, with the ordinance requiring twenty (20) feet. An additional
variance is being proposed to allow for the proposed garage to be built eighteen (18) feet in height, exceeding the
fifteen (15) feet height requirement. The proposed garage would face the east or towards the alley. The ordinance in
question is 9.104~5), which requires garages to be set back a minimum distance of twenty (20) feet from the
property lire when the garage doors face a street or alley, and also requires that accessory structures not exceed
fifteen (15) feet in height as measured to the highest point. The garage as proposed would infringe five (5) feet into
the required setback area. The existing house occupies 881 square feet of property, with the proposed detached
garage occupying an additional 624 square feet. The total amount of lot coverage proposed with the addition of the
detached garage would be 1,505 square feet. Ordinance 9.104(5) allews for a maximum lot coverage of up to 35%
for lots 6,500 square feet or less. The lot which measures approximately 5,150 square feet has a maximum lot
coverage of 1,802 square feet. This proposal meets lot coverage requirements.
Mr. Johnson informed the Commission that the surrounding property to the north, south, and west is zoned R-3,
Multi-Family Residential, and is used residentially. The property to the east is zoned RB, Retail Business and is used
commercially.
He stated that accessory structures are regulated under Section 9.104(5) of the Zoning Ordinance with requirements
as follows:
Ne acce~_~so~ry structure shaft exceed the height of the primal structure or fifteen (15) feet, whichever is
less. The height of the garage will exceed this requirement. The east end of the garage would be
approximately eighteen (18) feet high, and the west end of the garage would be approximately sixteen (16)
feet high. This proposal requires a three (3) foot height variance.
Ne accessory structure or combination of accessory structures shaft exceed 1,000 square feet. The
proposed detached garage covers 624 square feet meeting requirements.
Any lot at ar under 6,500 square feet in size may have a lot coverage of up to 35%. The lot in question is
5,150 square feet. The maximum dlewable lot coverage for this lot is 1,802 square feet. This proposal
would cover 1,505 square feet. This proposal meets lot coverage requirements.
Detached accessory structures must be six (0) feet or more from the principal structure. The proposed
detached garage will he approximately twenty (20) feet away from the principal structure.
Whenever a garage is designed so that the vehicle entry door is facing a street or alley, the distance
hetwenn the doer and the lot line shall be 20 feet or more. The proposed detached two-car garage will be
placed fifteen (15) feet from the rear lot line, with the garage doors facing the alley. The proposal requires a
five (5) foot variance.
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Mr. Johnsen stated that Staff has visited tho site and believes that s hardship exists'with relation to the topography
of tho site which limits whore and how a garage could be built without reasonable difficulty. There is an existing
one-car detached garage as shown on tho site survey, which will be removed end replaced with an uncovered
carport. Staff has looked at possible options for building a garage to fit within the setback and height parameters.
The proposed garage could be placed further back towards tho house to meet the setback from alloy. However,
because of the topography of tho lot, which drops three (3} plus feet on the alley side, this would mean excavating
and removing a large amount of dirt, which could require retaining walls for support. Staff believes that them is a
topographic hardship ~preseflt, however, a fifteen (15) foot setback from garage ~doors to property line could
potentially pose some concerns. He stated that Staff has concerns about vehicles parking in front of the proposed
garage, as a fifteen (15) foot setback would place some vehicles in or near the right-of-way. The proposed variance
also poses some dight safety concerns as the existing alley generates quite a bit of traffic from many adjacent
businesses who use the alley for ingress and ogress. Staff believes that anything closer than fifteen (15) feet could
be very problematic for winter maintenance crews. However tho outcome, the proposed two-car garage would
intend to complement tho property, and provide necessary storage space for tho owners. It was Mr. Johnson opinion
that tho proposal would be an improvement on the current situation.
Mr. Johnson stated that a variance is also being requested to allow for tho prope~d garage to be a maximum of
eighteen (18) feet in height on tho east end of tho garage, end sixteen (16) feet in hoight on tho west end at grade.
The owners are hoping to build a barn style shaped garage to match tho existing house. Tho additional height
requested would be used for an attic style storoge area. Staff has reviewed this request and believes that this
proposal would intend to complement tho property and would be cumpatibte with the existing stucco house.
However, staff sees no hardship present as to why tho owners can't comply with the fifteen (15) foot hoight
maximum. He added that tho City Building Official, Mel Collova, has also reviewed this request and does not believe
that a hardship exists. A two-car garage could be built to meet tho ordinance. However, without the height variance,
tho owners probably couldn't build a barn style garage to match tho house. This barn style shape also creates
additional storage space above.
Mr. Johnson furthor stated that a hardship needs to be established or circumstances unique to tho property in
question need to be established in order for a variance to ho granted. Section 9.105(3)(d) of the Zoning Ordinance
also states that tho Commission shall hoar requests for variances from tho literal provisions of this Ordinance in
instances where their "strict enforcement would cause undue hardship because of circumstances unique to the
individual property under consideration and to recommend variances only when it is demonstrated that such action
wifl be in keeping with tho spirit and intent of this Ordinance".
In addition, Section 1 of tho Zoning Ordinance identifies the intent and purpose of tho Ordinance. Four of the
purpose statements are identified as follows:
protecting the public health, safety, and general welfare;
dividing the City into zones and districts restricting and regulating therein the location, hoight, number of
stories, size of buildings and othor structures, the percentage of lot which may be occupied, tho size of
yards and other open spaces, and tho density and distribution of population;
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Page 9
providing adequate light, air, and convenience of access to property; and,
preventing overcrowding of land and undue concentration of structures by regulating the use of land and
buildings and the bulk of buildings in relation to the land and buildings surrounding them.
Commissioner Ramsdell expressed his concern with the setback variance as he felt that the excavation and removal
of dirt from the site in order to meet the setback requirement was not a real hardship. He did not like the possibility
of a vehicle being parked in front of the garage doors and possibly encroaching into the alley. He felt the applicants
could adjust the size Or location of the garage to meet ordinance requirements. He also was'not in favor of approving
a height variance without a hardship unique to the lot.
Commissioner Yehle concurred with Mr. Ramsdell.
The applicants, Wendy Howell and James Stoss, were present. Ms. Howell stated that she erred in her letter
explaining the request in that the height of the proposed garage on the east side would be nineteen feet in height
rather than eighteen feet requiring a larger height variance. She explained that the height proposal is to allow for
storage wkich dm does not have in her house. In addition, the height would albw a barn style roof to be constructed
to match the roof style of the house. The setback variance would allow them te have some back yard. The garage
position as proposed along with the height would provide a site and sound barrier against the traffic from the
businesses along Central Avenue.
Chairpersen Ramsdell stated that the barn style roof still could he met with a lesser height and different trusses.
Ms. Howell argued that wouM cost more money than using a standard truss.
Coremissiener Johnson asked the applicant "what is more important the aesthetics to match the house or the
storage area?" Ms. Howell responded that the aesthetics were more important.
It was Commissioner Ericson's opinion that the sound/site barrier would he satisfied at the fifteen foot height.
Chairperson Remsdell opened the public hearing.
Wilflam Honnick, of 3713 Van Buren Street, was present to state that his garage built in 1987 was set fifteen feet
from the alley and he has not experienced any demege to his Geo parked in front of the garage doors. He added that
the alley is very busy with a posted speed limit of ten mph which is not upheld. He stated that he has requested
speed bumps in the alley, but that has not been done. He also stated that his garage is higher than fifteen feet and
did not recall that it was a problem.
Council R~resentative Szurek stated that in 1987 the allowed height was eighteen feet. The accessory structure
section of the Zoning Ordinance was amended in 1998. She directed staff to place this case on the regular agenda
for the City Council meeting, not on the consent agenda, so it can be discussed.
Chairperson Remsdell closed the public hearing.
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Page 10
~ by RamsdeH, soconded by Ericson, to recmmTmnd to the City Council the approval of the five (5) foot setback
variance request to construct a 24 feot by 26 foot detached garage facing the alley at 3711 Van Buren Street NE
due to topographic hardship, and the proposal is in keeping with the spirit and intent of the ordinance. Voice Vote: AH
Ayes. Motion passed.
Medea by RamsdeH, seconded by Yehle to deny the four (4) foot height varianso request to construct a nineteen
foot high, 24 foot by 26 foot detached garage due to lack of a hardship, as the owners could build a garage to meet
the requirements. Voice Vote: All Ayes. Motion passed.
**THIS ITEM TO APPEAR ON THE SEPTEMBER 11, 2000 CITY COUNCIL AGENDA.
Public Hearing
CUP/Site Plan
Case #2000-0925
Wendy's International
RE: 5050 Central Ave. N.E.
Columbia Heights, Mn.
Mr. Johnsen presented the request for a Conditional Use Permit to open a Wendy's Fast Food Restaurant in the
former Boston Market building at 5050 Central Avenue N.E. The proposed restaurant will contain approximately 88
seats and will be open from 10:00 am till 10:00 pm and a drive-thru open until midnight daily.
In April of 1995 a request was reviewed for Site Plan approval and a Conditional Use Permit to build a Boston
Market Restaurant at 5050 Central Avenue N.E. The most recent proposal was to convert this space into a Golden
China Restaurant in March 2000 which was withdrawn by the applicant.
He informed the Commission that the surrounding property on the north, south and east is zoned RB, Retail Business
and is used commercially. The property to the west is residential and is zoned residentially. The subject property is
located in the RB, Retail Business District. He indicated that Section 9.113(2) of the Columbia Heights Zoning
Ordinance requires a Conditional Uss Permit for restaurants in the RB District. The Minimum Yard and Density
Requirements are as foflows:
· Lot Width shall be at least 50 feet. The subject parcel is approximately 165 feet in width.
Lot Area shall be at least 6,000 square feet. The subject parcel is 34,650 square feet.
Front Yard Setback shall be 15 feet. The existing structure is approximately fifty three feet from front
property line.
There shall be at least one 10 foot side yard, the other side yard can be zero feet. Both side yard setbacks
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are approximately forty plus feet from the property line.
Rear Yard Setback shall be 10 feet. The existing building is approximately fifty feet from the rear property
line.
· The floor area ratio shall not exceed 1.0. The property does not exceed this requirement.
Required miflimmn frontage-of 40 feet. The subject parcel has~reughly 165 feet of frontage along Central
Avenue.
Lighting shall not exceed 3 foot candles at property line. Though the current site exceeds this limit, a former
Site Plan Approval allowed for it in 1995.
Mr. Johnson stated that the applicant is not proposing any significant structural changes, however, there will be
exterior changes made to the building as they pertain to redesign. There will be an additional drive-up pay window
added, as well as repair of broken curb and pavement, along with seal-coating and re-striping of the lot. The existing
fence that sits on the rear of the property will be repaired and/or replaced. The applicants are also proposing to erect
a freestanding sign measuring approximately seventy (70) square feet on an existing pole in the front of the building.
There will also be small directional signs installed for entrance, exit, and pick-up window.
He informed the Commission that parking requirements for a restaurant are at least one space for each three seats
based on capacity design. According to the floor plan, there will be 88 seats in the restaurant which requires 29
parking spaces. There ore a total of 41 parking spaces on the site including two handicap accessible parking spaces
with an access aide located on the north side of the building. Mr. Johnson stated that the access aisle shown on the
site plan will need to be adjusted to eigM feet in accordance with disability requirements with signnge posted in
front of these handicap spaces.
He stated that the loading requirements for the site would be es follows: A loading berth shall not be 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- 8,000 square feet. He added that there is a Ioedbtg berth provided on the west side of
the building. 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 for such purposes. He stated that the site plan shows an
existing enclosure on the northwest side of the building which Wendy's will continue to use. The site plans submitted
also show a lighting plan which utifizes existing poles. A landscaping plan has dso been submitted showing
ornamental trees, deciduous shrubs, and coniferous shrubs. The current Zoning Ordinance does not address minimum
landscaping standards for commercial sites.
Mr. Johnson informed the Commission that Staff has received two phone calls from adjacent neighbors regarding the
existing fence abutting the residential properties to the west. It appears that the fence is in a state of disrepair, and
the neighbors wanted to make sure it was fixed. He indicated that this was a condition of approval.
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Page 12
Mr. Johnson stated that it was his opinion that the proposal would not negatively impact any nearby residential
areas and will provide an appropriate reuse of an existing building, so the proposal is consistent with the City
Comprehensive Plan. In addition, he stated that the site plans have been reviewed by the Fire Department and Public
Works. They did not have any major concerns with the proposal.
Chairperson Ramsdell opened the public hearing.
Don Rolf, architectrepresonting Wendy's, was present to respond to any questions or concerns.
Chairperson Ramsdeil expressed his concern with the fact that the traffic flow and access to the site is from north
to south. He suggested that Wendy's consider breakfast items to take advantage of the morning traffic flow going
south. He also stated he is excited, as well as other people, that Wendy's will he taking over the vacant building.
Chairperson Ramsdell closed the public hearing.
Motion by Ericson, seconded by Johnson, to recommend to the City Council the approval of the Conditional Use
Permit to allow the operation of a Wendy's Restaurant at 5050 Central Avenue N.E., subject to the following
conditions:
1. Ag required state and local codes, permits, licenses and inspections wifl he met and in full compliance.
All proposed signage must he submitted on the City prescribed application form and must fully comply with
the Zoning Ordinance.
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.
The cedar fence on the rear of the property shall be rebuilt or replaced to maintain separation from
residential properties to buffer from noise and maintain aesthetics.
Voice Vote: All Ayes. Motion passed.
**THIS ITEM TO APPEAR ON THE SEPTEMBER 11, 2000 CITY COUNCIL AGENDA.
Staff Reports:
A. TIF District #9. Tim Johnson presented a Tax Increment Financing Plan for Redevelopment District Number 9 for
the Crest View/Real Estate Equities Project. In addition, he also presented a Resolution No. 2000-44, which is a
resolution finding the tax increment financing plan for Tax Increment Financing District No. 9 consistent with the
plans for development of the City of Columbia Heights.
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Pqe 13
Motion by Ramadefl, seconded by Yehle, to approve Resolution No. 2000-44 and recommend the City Council hold
the public hearing required by law and adopt the TIF Plan. Voice Vote: All Ayes. Motion passed.
B. Planner Johnson presented e copy of a draft of a Tower Sitting Ordinance which is proposed to eventually be
incorporal~d into the City Zoning Ordinance. He explained that the City Council had recently extended the
moratorium on t munication towers and antennas from September 7, 2000 until Decomher 7, 2000 in an effort
to provide staff, consultants, and relevant boards ample time to review this document.
Discussion on this issue will be conducted at the October Planning and Zoning meeting as the members did not have
adequate tkne to review this lengthy document.
M~ti~l by Yelde, seconded by Johnson, to adjourn the meeting at 8:35 p.m. Voice Vote: Afl Ayes. Motion carried.
Kathryn Pepin
Secretary to the Planning and Zoning Commission
kp