HomeMy WebLinkAboutNovember 13, 2000 RegularCITY OF COLUMBIA HEIGHTS
590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806
Please note.' City Hall Phone Numbers have changed. New numbers are' ?viain Number (763) 706-3600,' TDD (763) 706-3692
ADMINISTRATION
November 9, 2000
GaD' L. Peterson
Councilmembers
John Hunter
DonaM G. Jol~r
Marlaine 5~urek
dulienne Wvckoff
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,
November 13, 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 re-
quest when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements.
(TDD/706-3692 for deaf or hearing impaired only)
1. CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda. These
may be items brought to the attention of the Council under the Citizen Forum or items submitted after the
agenda preparation deadline.)
CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the Consent
Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of
business.)
MOTION: Move to approve Consent Agenda items as follows:
1 ) Minutes for Approval
MOTION: Move to approve the minutes of the October 23, 2000, Regular Council Meeting
as presented.
2)
Establish Work Session for November 20, 2000
MOTION: Move to establish a Work Session meeting following the Special Assessment Levy
Hearing on Monday, Monday, November 20, 2000.
3)
Approve Resolution No. 2000-78, Being a Resolution changing the Date of A Regular City
Council Meeting.
MOTION: Move to waive the reading of Resolution No. 2000-78, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2000-78 Being a resolution changing the date of the
second meeting in December 2000, to Wednesday, December 27, 2000, at 7:00 p.m.
City Council Agenda
November 13, 2000
Page 2 of 7
4)
Canvassing Municipal General Election Returns
MOTION: Move to waive the reading of the Resolution, there being ample copies available
to the public.
MOTION: Move to adopt Resolution 2000-77, canvassing Municipal General Election
returns.
5)
Establish date for Public Hearing, Federal Block Grant for Equipment Purchase
MOTION: Move to establish a public hearing date of November 13, 2000 at approximately
7:00 p.m., regarding the purchase of equipment with federal block grant funding totaling
$21,578 with a $2,398 match by the City, and to approve the proposed list of equipment to
be purchased with these funds.
6)
Establish Hearing Dates Re: License Revocation or Suspension of Rental Properties at
4546 Tyler Street and 1224-1226 Circle Terrace Boulevard.
MOTION: Move to establish a Hearing Date of November 27, 2000 for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia Heights
against Yong Kwon Yi at 4546 Tyler Street.
MOTION: Move to Establish a Heating Date of November 27, 2000 for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia Heights
against Salman Ali at 1224-1226 Circle Terrace Boulevard.
7)
Approve Rental Housing License Applications
MOTION: Move to approve the items listed for rental housing license applications for
November 13, 2000.
8)
Approve Business License Applications
a. 2000 Business License
b. 2001 Business License
MOTION: Move to approve the items as listed on the business license agenda for
November 13, 2000.
9)
Payment of Bills
MOTION: Move to pay the bills as listed out of proper funds.
5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS
Proclamations
1. American Education Week
Presentations
1. Thank you, by Mary Soukup Ostrander Property
C. Introduction of New Employees
D. Recognition
City Council Agenda
November 13, 2000
Page 3 of 7
PUBLIC HEARiNGS
A. Close the Public Heating for Revocation/Suspension of Rental Housing License at 3732 3rd Street
NE.
MOTION: Move to Close the Public Heating Regarding the Revocation or Suspension of the
Rental License Held Dale Frenzel regarding Rental Property at 3732 3~d Street NE.
Close the Public Hearing for Revocation/Suspension of Rental Housing License at 981 43 V2
Avenue NE.
MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the
Rental License held by Mohammed Khan regarding Rental Property at 981 43 V2 Avenue.
Close the Public Hearing for Revocation/Suspension of Rental Housing License at 1100-1102 39th
Avenue NE.
MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the
Rental License held by Steven Efterfeld regarding Rental Property at 1100-1102 39t" Avenue NE.
Close Public Hearing for Revocation/Suspension of Rental Housing License at 4055-4057
University Avenue NE.
MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of
the Rental License Held by Kwei Fang regarding Rental Property at 4055-4057
University Avenue NE in that the property is in Compliance with the Residential
Maintenance Code.
(Memo update on Transition Block Project (NEI Site)
First Reading of Ordinance No. 1425, Being an Ordinance amending Ordinance No. 853
City Code of 1977, vacating Certain Alleys and Easements within the NEI Transition Block
MOTION: Move to waive the reading of Ordinance No. 1425, there being ample copies
available to the public.
MOTION: Move to establish Monday, November 27, 2000, at approximately 7:00 p.m.
as the second reading of Ordinance 1425, which is an Ordinance vacating certain alleys
and easements for the NEI site, as the proposal is in compliance with the City
Subdivision Requirements, and the City Engineer has reviewed the vacations proposed.
Approval of Preliminary Plan for a Planned Unit Development, Case #2000-0408 at 825
41s' Avenue NE, 4150 Central Avenue NE, and 4156 Central Avenue NE
MOTION: Move to approve the preliminary plan for the planned unit development at
825 41st Avenue NE, 4150 Central Avenue NE, and 4156 Central Avenue NE, subject to
the following conditions.
2.
3.
4.
City Council adoption of Ordinance 1411, rezoning the subject property to R-4,
Multiple Family Residential District.
Successful negotiation of a pumhase agreement between the applicant and NEI
College of Technology.
Successful negotiation of a development agreement between the applicant and the
Columbia Heights Economic Development Authority.
City Council approval of the preliminary and final plat for the project.
City Council Agenda
November 13, 2000
Page 4 of 7
6.
7.
8.
9.
10.
11.
12.
The final landscaping plan shall be amended to accommodate landscaping in and
around the stormwater pond to create an open space amenity in the area.
The proposed public utility system shall have final review and approval by the
Public Works Department.
Final Drainage and Grading plans will need to be reviewed and approved by the
Public Works Department.
Plans will need to be approved by the Columbia Heights Fire Department for
emergency vehicle access and hydrant distribution.
The final lighting plan shall be reviewed and approved as part of the final plan
review.
Directional changes in the public alley shall be clearly signed and marked, and a
traffic impact barrier shall be provided at the point where the alley turns away
from Central Avenue to travel around the proposed senior building, as well as a
guardrail placed adjacent to Outlot B for safety measures. Successful negotiation
of a purchase agreement between the applicant and NEI College of Technology.
The traffic circulation system shall be clearly signed and marked on the site,
including identification of any one-way systems and private accessways.
The final plans shall accommodate waste material storage.
Approval of Ordinance No. 1423, Being and Ordinance Rezoning 4157 Jackson Street
NE and Approval of the Preliminary and Final Plat for the Northwestem Second Addition
at 825 41st Avenue NE, 4150 Central Avenue NE, 4157 Jackson Avenue.
Rezoning
MOTION: Move to waive the reading of Ordinance No. 1423, there being ample copies
available to the public.
MOTION: Move to establish Monday, November 27, 2000, at approximately 7:00 p.m.
as the second reading of Ordinance No. 1423, which is an Ordinance rezoning 4157
Jackson Street NE to R-4, Multiple Family Residential District, as the proposal is
generally consistent with the intent of the City Comprehensive Plan, and is consistent
with the proposed zoning for the entire NEI site.
Preliminary attd Final Plat
MOTION: Move to approve the Preliminary and Final Plat as presented for the
Northwestern Second Addition site as submitted at 825 41st Avenue NE, 4150 Central
Avenue NE, 4157 Jackson Street NE, and 4156 Central Avenue NE, as the Plat is in
substantial compliance with the City Subdivision Ordinance requirements, subject to the
following conditions:
1. City Council adoption of Ordinance # 1423, rezoning the subject property at 4157
Jackson Street NE to R-4, Multiple Family Residential District.
2. The applicants will need to demonstrate interest in the property at 4156 Central
Avenue NE (i.e. ownership) before the City Council will approve the Final Plat.
3. Successful negotiation of a development agreement(s) between the applicant and
the Columbia Heights Economic Development Authority.
4. The creation and vacation of pertinent perimeter drainage and utility easements
shall be added to the plat and shall be approved by the City and the Public Works
City Council Agenda
November 13, 2000
Page 5 of 7
Department.
The creation and vacation of alley rights-of-way as shown on the plat.
Directional changes in the public alley shall be clearly signed and marked, and a
traffic impact batTier shall be provided at the point where the alley turns away
from Central Avenue to travel around the proposed senior building. A guardrail
shall also be provided next to the drainage pond (Outlot B) as a safety measure.
Plat should be amended to reflect and spell out Block for legal description on plat.
The City Attorney, City Engineer, and County Surveyor shall review and approve
the plat before recording.
First Reading of Ordinance No. 1426, Being an Ordinance designating Permit Parking
Only on 41~t Avenue NE (N.E.I. College of Technology)
MOTION: Move to deny the request to designate "Permit Parking only between 7:00
a.m. and 3:00 p.m., Monday through Friday, except Holidays" on the noah side of 41st
Avenue from Quincy Street to the alley west of Central Avenue and on the south side of
41st Avenue from Jackson Street t the alley west of Central Avenue on the east side of
Jackson Street, south of 42nd Avenue NE.
Alternate MOTION: Move to waive the reading of Resolution No. 1426, there being
ample copies available to the public.
Alternate MOTION: Move to establish Monday, November 27, 2000 at approximately
7:00 p.m. as the Second Reading of Ordinance No. 1426, Being an Ordinance designating
permit parking from 7:00 a.m. to 3:00 p.m., Monday through Friday, except holidays, on
the north side of 41st Avenue from Quincy Street to the alley west of Central Avenue and
on the south side of 41st Avenue from Jackson Street to the alley west of Central Avenue
and on the east side of Jackson Street south of 42"d Avenue N.E.
First Reading of Ordinance No. 1424, Being an Ordinance Adopting the Columbia
Heights Telecommunication Tower Siting Ordinance
MOTION: Move to waive the reading of Ordinance No. 1424, there being ample copies
available to the public.
MOTION: Move to establish Monday, November 27, 2000, at approximately 7:00 p.m.
as the second reading of Ordinance 1424, Columbia Heights Tower Siting Ordinance
ITEMS FOR CONSIDERATION
Other Ordinances and Resolutions
1. Establishing Amount of Assessments to be Levied
MOTION: Move to waive the reading of the Resolution, there being ample copies
available for the public.
MOTION: Move to adopt Resolution 2000-75; Being a Resolution Establishing
Amount of City Share and Amount of Special Assessments on Projects to be
Levied.
City Council Agenda
November 13, 2000
Page 6 of 7
B. Bid Considerations
Other Business
1. Offer to Purchase 4656 Monroe Street NE.
MOTION: Move to deny the offer to purchase 4656 Monroe Street NE
submitted by Williams Design and Construction, Inc.
MOTION: Move to authorize staff to seek bids for the sale of property at 4656
Monroe Street NE.
Approval of Conditional Use Permit Case #2000-1127, 4000 6th Street
MOTION: Move to approve the Conditional Use Permit to allow the operation of
the Hy-Lander Drive-In at 4000 6"~ Street NE to, subject to the following
conditions:
1. All required state and local codes, permits, licenses and inspections
will be met and in full compliance.
2. The existing freestanding sign on the west side ofthe lot must be
removed as it is non-conforming. All future signage must be
submitted on the City prescribed application form and must fully
comply with the Zoning Ordinance.
3. Staff would recommend to post no parking signs along 40th Avenue
for the drive-in spaces to continue to have direct access to 40th
Avenue without being blocked in by parked vehicles. Subject to City
Engineer final review.
4. Solid waste material shall be so located and fenced as to be removed
from public view or shall be kept in an enclosed building.
5. Hours of operation shall be confined to the period between 10:00 a.m.
and 1:00 a.m.
6. Lighting shall be accomplished in such a way so as to have no direct
source of light visible from the public right-of-way or adjacent
residential properties.
7. Prior to opening, completion of any repairs deemed necessary by City
Building Official.
ADMINISTRATIVE REPORTS
A. Report of the City Manager
B. Report of the City Attorney
C. Report of the Building Official
GENERAL COUNCIL COMMUNICATIONS
1. Minutes of Boards and Commissions
a) Meeting ofthe October l9, 2000 Charter Conunission
City Council Agenda
November 13, 2000
Page 7 of 7
10.
CITIZENS FORUM
(At this time, citizens have an opporttmity to discuss with the Council items not on the regular agenda.
The citizen is requested to limit their comments to five minutes. Please note, the public may address the
Council regarding specific agenda items at the time the item is being discussed.)
11. ADJOURNMENT
Walter R. Fehst, ~ Mla~e~r
~VF/pm
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
OCTOBER 23, 2000
CALL TO ORDER/ROLL CALL
The regular meeting of the City Council was called to order at 7:00 p.m. on Monday, October 23, 2000 in
the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota.
Present: Councilmember Szurek, Councilmember Jolly, Councilmember Wyckoff, Councilmember Hunter,
and Mayor Peterson.
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
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 by Wyckoff, second by Szurek, to approve Consent Agenda items as follows:
1 ) Minutes for Approval
Motion to approve the minutes of the October 9, 2000, Regular Council Meeting as
presented.
Motion to approve the minutes of the October 16, 2000 Board/Commission Interviews as
presented.
2)
Establish Work Session and Budget Heating Dates
Motion to establish a Work Session meeting date for Monday, October 30, 2000 at 7:00
p.m., and the Budget Heating meeting for Monday, November 6, 2000, at 6:00 p.m.
3)
Adopt Resolution No. 2000-73, being a Resolution Amending Plan Documents for the
Flexible Benefit Program.
Motion to waive the reading of Resolution No. 2000-73, there being ample copies available
to the public.
Motion to adopt Resolution No. 2000-73, being a Resolution Adopting the Amended Plan
Documents for the Columbia Heights Flexible Benefit Program.
Walt Fehst, City Manager, stated this allows pre-tax dollars in the Flexible Benefit Progrant
fund to increase from $1,600 to $2,600 effective January 1, 2001.
RESOLUTION 2000-73
RESOLUTION ADOPTING CHANGES TO PLAN DOCUMENTS
FOR THE COLUMBIA HEIGHTS FLEXIBLE BENEFIT PROGRAM
WHEREAS, the City of Columbia Heights desires to continue to offer its employees a flexible benefit
program providing for reimbursement of medical expenses and dependent care expenses, and payment of
employees' insurance premiums, and a plan entitled the City of Columbia Heights Flexible Benefit plan has
been prepared and submitted to the City Council with a recommendation of adoption.
City Council Minutes
October 23, 2000
Page 2 of 7
NOW, THEREFORE, BE IT RESOLVED THAT, the City Council amends its current Plans
entitled the City of Columbia Heights Flexible Benefit Plan, City of Columbia Heights Health Care
Reimbursement Plan, City of Columbia Heights Dependent Care Reimbursement Plan which were
originally effective February 1, 1993, replacing them, and by adopting in whole the enclosed Plan beating
an effective date of January 1, 2001, and directs the City Manager to implement the Plan in accordance
with its terms.
Passed this 23rd day of October 2000.
Offered by: Wyckoff
Seconded by: Szurek
Roll Call: All ayes
Mayor Gary L. Peterson
Patricia Muscovitz, Deputy City Clerk
4)
Adopt Resolution No. 2000-74 Being a Resolution Electing to Continue Participation in the
Local Housing Incentives Account Program under the Metropolitan Livable Communities
Act for calendar year 2001.
Motion to waive the reading of Resolution 2000-74, there being ample copies available to
the public.
Motion to adopt Resolution 2000-74, being a Resolution Electing to Continue Participation
in the Local Housing Incentives Account Program under the Metropolitan Livable
Communities Act for calendar year 2001.
Fehst stated this allows us to apply to the pool of funds available through the Livable
Communities Act.
RESOLUTION 2000-74
BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL ELECTING TO CONTINUE
PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE
METROPOLITAN LIVABLE COMMUNITIES ACT
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254)
establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development
issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the
Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide
certain funding and other assistance to metropolitan area municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan
Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota
Department of Trade and Economic Development unless the municipality is participating in the Local Housing
Incentives Account Program under the Minnesota Statutes Section 473.254; and
City Council Minutes
October 23, 2000
Page 3 of 7
WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each
municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and
promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and
WBEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to
take to meet the established housing goals through preparation of the Housing Action Plan; and
WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated aftbrdable and
life-cycle housing goals for each participating municipality; and
WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account
Program must do so by November 15 of each year; and
WBEREAS, for calendar year 2001, a metropolitan area municipality that participated in the Local Housing
Incentive Account Program during the calendar year 2000, can continue to participate under Minnesota Statutes
Section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by
November 15, 2000; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable
and life-cycle housing goals for the municipality:
NOW, THEREFORE BE IT RESOLVED that the Columbia Heights City Council hereby elects to participate in
the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year
2001.
Passed this 23ra day of October, 2000
Offered by: Wyckoff
Seconded by: Szurek
Roll Call: All ayes
Mayor Gary L. Peterson
Patricia Muscovitz, Deputy City Clerk
5)
Approve Indoor Gtm Range Update
Motion to approve the purchase and installation of a new bullet trap system and ventilation
system from RRI Range Systems in the amount of $19,109 plus tax and approve electrical
modifications needed to nm this system to be made by Aid Electric in the amount of $3,306
plus tax; funding to come from the 2000 Federal Equipment Block Grant Fund 276-42112
and Fund 883, Police Contributions Fund.
Fehst stated funds to upgrade the Gun Range come from public donations and the Federal
Equipment Block Grant Fund
6)
Authorize to solicit bids for sale of Fire GPM Pumper
Motion to authorize the Fire Chief to solicit sealed bids for the sale of the 1967 Pirsch 1250
GPM Pumper
Fehst stated this pumper has been an unused backup for ten years and is no longer safe to drive or
economical to repair.
City Council Minutes
October 23, 2000
Page 4 of 7
7)
Approve Transfer of Funds to Fire Department Overtime Regular Fund Account
Motion to transfer $1,750 from General Fund Account #101-00-34202 to the Fire
Department Overtime Regular Account # 101-42200-1020.
Fehst indicated these funds were received for a mutual aid NSP gas leak in St. Anthony.
8)
Approve Re-Issue of Rental Housing License after Revocation at 500 40th Avenue
Motion to issue a Rental Housing License to A. C. Milan, LLC to operate the Rental
Property located at 500 40th Avenue in that the provisions of the Residential Maintenance
Code have been complied with.
Fehst stated this revocation was due to failed attempts to schedule an inspection. Following the
inspection, the propert. v was found to be in compliance.
9)
Establish Heating Dates Re: License Revocation or Suspension of Rental Properties at 3732
3rd Street, 981 43 x/2 Avenue, 1100-1102 39th Avenue, and 4055-4057 University Ave
Motion to establish a Heating Date of November 13, 2000 for Revocation or Suspension of
a License to Operate a Rental Property within the City of Columbia Heights against Dale
Frenzel at 3732 3ra Street NE.
Motion to Establish a Heating Date of November 13, 2000 for Revocation or Suspension of
a License to Operate a Rental Property within the City of Columbia Heights against
Mohammed Khan at 981 43 '/2 Avenue NE.
Motion to Establish a Heating Date of November 13, 2000 for Revocation or Suspension of
a License to Operate a Rental Property within the City of Columbia Heights against Steven
Efterfeld at 1100-1102 39th Avenue NE.
Motion to Establish a Heating Date of November 13, 2000 for Revocation or Suspension of
a License to Operate a Rental Property within the City of Columbia Heights against Kwei
Fang at 4055-4057 University Avenue.
10) Payment of Bills
Motion to pay the bills as listed out of proper funds.
Hunter questioned the difference in the bids for the ftring range improvements. Chief Johnson indicated the
recommended bid includes eve .rything that needs to be done.
Wyckoff questioned the necessity to replace the Fire Department pumper. Fehst indicated there would not be a
replacement.
Upon Vote: All ayes. Motion Carried.
5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS
A. Proclam~ions
City Council Minutes
October 23, 2000
Page 5 of 7
Presentations
1. Antionette LaMere
Mayor Peterson stated Ms. LaMere was not present, and a clock would be given to her for her
service on the Human Sen,ices Commission. He stated the Council appreciates the time and effort
she has given to the City during her six years on this Commission.
C. Introduction of New Employees
Recognition
1. Commission Appointments
a. Donna Kay Schmitt - 4260 Tyler Street
Motion by Wyckoff, second by Szurek, to appoint Donna Kay Schmitt, to fulfill a
four-year term, ending April 1, 2003 to the Planning and Zoning Commission. Upon
Vote: All ayes. Motion carried. Ms. Schmitt thanked the City Council.
b,
Harold Netkow - 1160 49tl' Avenue NE
Motion by Jolly, second by Hunter, to appoint Harold Netkow, to fulfill a three-year
term, ending April 1, 2003 to the Police and Fire Civil Service Commission. Upon
Vote: All ayes. Motion carried. Mr. Netkow thanked the City Council.
Roger Peterson 4113 Quincy Street NE
Motion by Hunter, second by Szurek, to appoint Roger Peterson, to fulfill a five-year
term, ending April 1, 2002 to the Park and Recreation Commission. Upon Vote: All
ayes. Motion carried. Mr. Peterson was not able to be present.
6. PUBLIC HEARINGS
Adopt Ordinance # 1421, being an Ordinance Authorizing the Conveyance of Certain Real Estate
located at 3855 Main Street NE
Motion by Szurek, second by Jolly, to waive the reading of Ordinance #1421, there being ample
copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Szurek, second by Jolly, to adopt Ordinance #1421, being an Ordinance Amending
Ordinance No. 853, City Code of 1977, Authorization to Convey Certain Real Estate located at
3855 Main Street NE.
Ken Andersou, Community Development Director, stated this property was acquired in August
2000, and will be conveyed to Mr. Brian Roeller. He will split the property with the other adjacent
owner, Mr. Patrick Truchinski. These property owners will take on the responsibility of
demolishing the current structure. Hunter suggested a location to obtain fill, if necessary.
Peterson stated he was pleased that neighbors are getting involved to improve our City.
Upon vote: All ayes. Motion carried.
City Council Minutes
October 23, 2000
Page 6 of 7
ORDINANCE NO. 1421
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977
AUTHORIZATION TO CONVEY CERTAIN REAL ESTATE LOCATED AT
3855 MAIN STREET NE
The City of Columbia Heights does ordain:
Section 1:
The City of Columbia Heights, a Minnesota municipal corporation, may convey unto Brian
Michael Roeller, the real property described as follows, to wit:
Lot 29, Block 80, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota.
Section 2:
The Mayor and City Manager are herewith authorized to execute a deed to effectuate the
conveyance of said real estate subject to the terms, purchase price, and conditions specified in
the purchase agreement.
Section 3:
This Ordinance shall be in full force and effect from and after thirty (30) days after its passage.
First Reading:
Second Reading:
Date of Passage:
October 9, 2000
October 23, 2000
October 23, 2000
Offered By: Szurek
Seconded By: Jolly
Roll Call: All ayes
Mayor GaryL. Peterson
Patricia Muscovitz, Deputy City Clerk
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
B. Bid Considerations
C. Other Business
8. ADMINISTRATIVE REPORTS
A. Report of the City Manager
Fehst reported on the hours worked by our~re~ghters up by Carlos Avery over the past weekend This is
part of our mutual aid contract. There is a controlled burn this Saturday at the City owned property on
Lookout Place. Instructors from the Anoka Hennepin Technical College will run the three sessions of this
controlled burn.
City Council Minutes
October 23, 2000
Page 7 of 7
He indicated there is a joint meeting with the Park and Recreation Contmission at 7:00p. m. this
Ffednesday to review the proposed budget.
Fehst stated 37 goslings and 10 adult geese have been removed from the lakes area.
He stated the NEI development has progressed to NEI entering into a contract with Real Estate Equities.
The developer is still negotiating for the locksmith 's property.
gfyckoff stated she was pleased that John Mur~vn Jr. was promoted to Utility Foreman. Fehst agreed.
Hunter indicated the Gateway project would be capped tomorrow, leaving only the flagpoles to install and
electrical work to be done. Jolly indicated that help from volunteers on this project saved the City
$12,000. Fehst indicated Wall. v Logacz's concern that the Sister City logo was not incorporated into the
Gateway sign. The design committee felt a sign next to the marker would be best or a~ag has also been
considered
B. Report of the City Attorney - None
9. GENERAL COUNCIL COMMUNICATIONS
Minutes of Boards and Commissions
l)
2)
3)
4)
s)
6)
Meeting of the September 27, 2000 Park and Recreation Commission
Meeting of the October 3, 2000 Library Board of Trustees
Meeting of the October 3, 2000 Library Board of Trustees Budget Heating
Meeting of the August 16, 2000 Economic Development Authority
Meeting of the September 19, 2000 Economic Development Authority
Meeting of the September 25, 2000 Economic Development Authority
10. CITIZENS FORUM
(At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their
comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being
discussed.)
Antionette LaMere arrived Mayor Peterson thanked her for her service to the community and awarded her a
clock. She thanked eve .ryone.
Richard Dustin, 1708 39'h Avenue, indicated he was upset with how the City Council was treated by residents,
and each other, at the last council meeting. He addressed Wyckoff's comments and protocol at that meeting. He
referred to the many accomplishments of this City Council. Dustin suggested concerned residents shouMjoin
commissions and committees and become involved in their community. Wyckoff spoke to some of Mr. Dustin 's
comments.
11. ADJOURNMENT
Mayor Peterson adjourned the meeting at 7:30 p.m.
Patricia Muscovitz, Deputy City Clerk
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: November 13, 2000
AGENDA SECTION: Consent
NO:
ITEM: Establish Work Session
NO:
ORIGiNATING DEPARTMENT:
CITY MANAGER
BY: Walt Fehst
DATE: November 3, 2000
CITY MANAGERS
APPROVAL
DATE:
Work Session date:
It is recommended that a Work Session be scheduled for Monday, November 20, 2000, immediately
following the 7:00 p.m. Special Assessment Levy Hearing.
RECOMMENDED MOTION:
Move to establish a Work Session meeting following the Special Assessment Levy Heating on Monday,
Monday, November 20, 2000.
COUNCIL ACTION:
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: November 13, 2000
AGENDA SECTION: Consent
NO: q - A-;
ITEM: Reschedule December 25th City
Council meeting
NO:
ORIGINATING DEPARTMENT:
CITY MANAGER
BY: Walt Fehst
DATE: November 3, 2000
CITY MANAGERS
APPROVAL
DATE:
Reschedule of City Council meeting:
It is recommended that the regularly scheduled second meeting in December, which would be Christmas
Day, be rescheduled for Wednesday, December 27, 2000.
_RECOMMENDED MOTION:
MOTION: Move to adopt Resolution No. 2000-78 Being a resolution changing the date of the second
meeting in December 2000, to Wednesday, December 27, 2000, at 7:00 p.m.
COUNCIL ACTION:
RESOLUTION NO. 2000-78
BEING A RESOLUTION CHANGING THE DATE OF A
CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING
WHEREAS: The City Council has decided to change the date of the second regular
Council meeting in December, 2000, and
WHEREAS: The date of the second regular Council meeting in December would
heretofore have been scheduled for Monday, December 25, 2000 has now been
rescheduled to Wednesday, December 27, 2000.
NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this
change with the traditional convening time of 7:00 p.m. in the City Hall Council
Chamber.
Passed this
__ day November, 2000.
Offered by:
Second by:
Roll call:
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
CITY COUNCIL LETTER
AGENDA SECTION:
ITEM: CANVASSiNG MUNICIPAL GENERAL
ELECTION RETURNS
NO:
MEETING OF: November 13, 2000
ORIGiNATiNG DEPT:
FINANCE
BY: WILLI LRITE
DATE: N~ov~
CITY MANAGER
APPROVAL
On November 7, 2000, the City held a General Election to select a Mayor and two Council
Members. Attached are the results of the election and the resolution canvassing said election.
RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample
copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2000-77 canvassing Municipal
General Election returns.
WE:SIns
0011081 ELECT
Attachments:
Resolution 2000-77
Summary
COUNCIL ACTION:
RESOLUTION NO. 2000-77
CANVASSING MUNICIPAL GENERAL ELECTION RETURNS
WHEREAS, the City of Columbia Heights, did on the 7rd day of November, 2000, conduct and hold a General
Municipal Election for the putpose of electing a Mayor and two Council Members; and
WHEREAS, the City Council of the City of Columbia Heights at a meeting of said Council held on the 13th day
of November, 2000, did canvass the returns and results of said General Municipal Election; and
WHEREAS, the following results were determined by said canvass of said General Municipal Election, to wit:
TOTAL BALLOTS CAST IN ELECTION: 9,501
Valid Votes Cast for Mayor
Valid Votes Cast for two 4-Year Council Seats
Gary L. Peterson 5,413 John Hunter 2,792
Robert C. Buboltz 3,098 Bruce Nawrocki 4,063
Overvotes 0 Theresia Synowczynski 3,648
Times Blank Voted 936 Robert A. (Bobby) Williams 4,064
Undervotes 0 Overvotes 0
Write-Ins 54 Times Blank Voted 794
Undervotes 2,798
Write-Ins 49
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that
Gary L. Peterson is elected Mayor, and that Bruce Nawrocki and Robert A. Williams are hereby elected
members of the City Council; assuming said office on January 2, 2001.
Passed this 13th day of November, 2000
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
001108I ELECT
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CITY COUNCIL LETTER
Meeting of November 13, 2000
AGENDA SECTION: Consent
NO.
ITEM: Establish date for Public Hearing, Federal
NO. Block Grant for Equipment Purchase
ORIGINATING DEPARTMENT
POLICE ~v~C
BY: Thomas M. Johnson
DATE: November 2, 2000
CITY MANAGER
APPROVAL:
DATE:
BACKGROUND
On September 18, 2000, the City Council approved the acceptance of a federal equipment block grant in the
amount of $21,578 with a match of $2,398.
On November 1, 2000, a review committee made up of department members, the City Attorney, a district judge,
a junior high school principal, Anoka County Corrections, the Anoka County Sheriffs office, a local business
man, a local pastor, and a representative from Immaculate Conception Church and School met to review this list
and offer any ideas for changes. The list was approved as stated.
RECOMMENDED MOTION
Move to establish a public heating date of November 13, 2000, at approximately 7:00 p.m., regarding the
purchase of equipment with federal block grant funding totaling $21,578 with a $2,398 match by the City, and
to approve the proposed list of equipment to be purchased with these funds.
TMJ:mld
00-251
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of.' November 13, 2000
AGENDA SECTION:
NO:
ORIGiNATING DEPARTMENT:
Fire
ITEM: Establish Hearing Dates BY: Dana Alexon
License Revocation, Rental Properties
NO: DATE: November 8, 2000
CITY MANAGER
APPROVAL
DATE:~
Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested
against the following owners regarding their rental property for failure to meet the requirements of the Housing
Maintenance Codes.
1. Yong Kwon Yi ..............................................................4546 Tyler Street
2. Salman Ali ....................................................................1224-1226 Circle Terrace Blvd.
RECOMMENDED MOTION: Move to Establish a Hearing Date of November 27, 2000 for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Yon~ Kwon Yi
at 4546 Tyler Street.
RECOMMENDED MOTION: Move to Establish a Heating Date of November 27, 2000 for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Salman Ali at
1224-1226 Circle Terrace Blvd.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: November 13, 2000
AGENDA CONSENT ORIGINATING CITY
SECTION: DEPARTMENT: MANAGER
L/- A - 7 ~PRovAL
NO: Fire
ITEM: Approval of Rental Housing License BY: Dana Alexon ~rf
Applications //~'//,~) ,
NO: DATE: November 8, 2000 DATE:
Approval of the attached list of rental housing license applications, in that they have met the requirements of
the
Housing Maintenance Code.
MOTION: Move to approve the items listed for rental housing license applications for November 13, 2000.
COUNCIL ACTION:
To: Walt Fehst, City Manager
From: Dana Alexon
Re: Rental Housing Licenses
Date: 11/08/2000
Date of Council Approval:
Date Printed:
Date Sent:
The owners of the following rental properties have complied with the re-licensing and/or licensing requirements
of the City of Columbia Heights Housing Maintenance Code. I am requesting that they be placed on the next
council agenda for approval.
Golumbia Heights Fire Dept
OccupanV I.D. Property Owner Name Property Address
12154 Francis Zilka 3800 Hayes Street
Permit #
F4496
10009
A.C. Milan, LLC
500 40th Avenue
F4520
20232
Gerald Anderson
5049 Jackson Street
F4323
30032 Ashraf LLC
940 39th Avenue
F4464
30135
30145
30149
34012
12200
Lynde Investment Company
Lynde Investment Company
Lynde Investment Company
Alan Avery
Vernon Bahr
4715 University Avenue
4433 University Avenue
4707 University Avenue
4201 Monroe Street
842 50th Avenue
F4387H
F4387E
F4387G
F4396
F4482
1O071
Brian Bona
4015 7th Street
F4196
12131
Judith Brunsell
1401 42-1~ Avenue
F4454
30053
Lester Chies
980 44th Avenue
F4330
12015
12143
Jennifer Cowdery
Kimberly Dahline
4600 Jefferson Street
4315 Main Street
F4270
F4296
11/08/2000 08:50 Page 1
OccupanyI.D.
12135
20018
12076
12111
Columbia Heights Fire Dept
Property Owner Name
Jonathan Deal
Christopher Decker
Thomas Deggendoff
Mohsen Dessouki
Property Address
4307 7th Street
218 42nd Avenue
1204 Cheery Lane
4610 Fillmore Street
Permit#
F4458
F4370
F4505
F4297
30058
12084
Mirsad Dizdarevic
Steven Eriefield
600 51st Avenue
1100 39th Avenue
F4478
C4398
20030
12046
12206
34006
12027
Christine Fagnan-Olson
Scott Fakler
William Farmy
Lori Fitzpatrick
Dale Frenzel
4600 Johnson Street
4943 Jackson Street
1110 43-1/2 Avenue
626 40th Avenue
3732 3rd Street
F4416
F4209
F4461
F4025
CRD381
12090
12133
10034
30094
20270
20084
20312
11/08/2000
Gary George
Roger Gillespie
John T. Gondek
Charles Gramith
LeDora Hankton
Mike Hozempa
Yousry Khalil
08:50
952 44-1/2 Avenue
1010 42nd Avenue
344 40th Avenue
529 Mill Street
1428 42nd Avenue
3804 3rd Street
4639 Pierce Street
F4472
F4431
F4474
F4056
F4377
F4455
F4400
Page 2
OccupanyI.D.
30131
30133
30157
20258
20100
20046
10080
12028
12110
20183
Columbia Heights Fire Dept
Property Owner Name
Leo Lemke
Leo Lemke
Leo Lemke
Willam Lucking
John Majewski
Joseph Mooney
Vern Nordahl
Donald Olson
Helen Penicnak
Darwin Peterson
Property Address
4643 University Avenue
4655 University Avenue
4649 University Avenue
1027 43-1/2 Avenue
3825 Johnson Street
1214 Cheery Lane
2106 41st Avenue
206 42nd Avenue
4232 Madison Street
5228 Washington Street
Permit#
F4435A
F4435C
F4435B
F4456
F4365
F4498
F4220
F4224
F4485
F4127
30119
Robert Prior
4628 Tyler Street
F4205
30121
20212
10082
Robert Prior
Jai Ramnarine
Frank Rasch
4634 Tyler Street
4550 7th Street
3956 Tyler Street
F4205A
F4154
F4275
30154
20242
20318
10053
11/08/2000
Abdul Rashid
Mahmoud Rifai
Mahmoud Rifai
Gary Skalicky
08:50
4341 Tyler Place
3985 Johnson Street
1069 Polk Place
4220 Quincy Street
F4271
F4393
F4392
F4453
Page 3
OccupanVl. D.
20020
10021
12034
12014
12186
Columbia Heights Fire Dept
Property Owner Name
Leland Stauch
Ray Swanson
Bradley Thorp
Bruce Weatherford
Weston Wiggins
Property Address
4545 Fillmore Street
1329 41 st Avenue
4641 Washington Street
976 44-1/2 Avenue
4144 Madison Street
Permit#
F4345
F4079
F4459
F4399
F4503
11/08/2000 08:50 Page 4
AGENDA SECTION:
N0:
ITEM: License Agenda
N0:
CITY COUNCIL LETTER
Meeting of: November 13, 2000
ORIGINATING DEPT.:
License Department
BY: Kathryn Pepin f~
DATE: November 6, 2000
CITY MANAGER
APPROVAL
DATE:,~,,~
BY:
BACKGROUND/ANALYSIS
Attached is the business license agenda for the November 13, 2000 City Council
meeting.
The applications for Contractors are new applicants and are recommended for approval,
The application for tobacco sales at 2325 N.E. 37th Place is due to change of
ownership.
At the top of the license agenda you will notice a phrase stating '*Signed Waiver Form
Accompanied Application'~. This means that the data privacy form has been submitted
as required. If not submitted, certain information cannot be released to the public.
RECOMMENDED MOTION:
Move to approve the items as listed on the business license agenda for November 13,
2000.
COUNCIL ACTION:
TO CITY COUNCIL November 13, 2000
*Signed Waiver Form Accompanied Application
2000 BUSINESS LICENSE AGENOA
APPROVED BY
BUILDING OFFICIAL
CONTRACTORS
*Advantage Air, Inc.
*AliStar Construction, Inc.
*Bredahl Plumbing, Inc.
*Central Roofing Co.
*Cover All Contractors
*Hillcrest Plumbing
*Juleen Designs, Inc.
*Market Mechanical
*Nedegaard Construction
*Sun Valley Construction
*T & G Drywall
*Mechanical Solutions
*Weber & Troseth
ADDRESS
325-130th St. W.
8401 - 73'" Ave. N., S. 80
7916- 73'" Avenue N.
4550 Main St. N.E.
1700 Four Oaks Rd.
6347 Ware Road
4137 Woodland Rd.
8701 Wyoming Ave. N.
1814 Northdale BIvd.
7351 Lyric Lane
2521 E. 3'" Ave.
541 N. Wheeler St.
1902 University Ave.
FEES
950.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
50.00
POLICE DEPT.
CIGARETTE/TOBACCO SALES
*Zahira Aqel d/b/a Tobacco #1
2325 N.E. 37t" Place
9100.00
license.ag
AGENDA SECTION:
NO:
ITEM: License Agenda
NO:
CITY COUNCIL LETTER
Meeting of: November 13, 2000
License Department
BY: Kathryn Pepin
DATE: November 8, 2000
CITY MANAGER
APPROVAL
~Y:
BACKGROUND/ANALYSIS
Attached is the business license agenda for the November 13, 2000 City Council meeting
for the renewals for 2001. You will note that there is one new taxi vehicle for
Gopher Taxi.
At the top of the license agenda you will notice a phrase stating '*Signed Waiver Form
Accompanied Application". This means that the data privacy form has been submitted
as required. If not submitted, certain information cannot be released to the public.
RECO~e4ENDMD MOTION:
Move to approve the items as listed on the business license agenda for November 13,
2000.
COUNCIL ACTION:
TO CITY COUNCIL November 13, 2000
*Signed Waiver Form Accompanied Application
2001 BUSINESS LICENSE AGENDA
APPROVED BY
POLICE DEPT.
CIGARETTE/TOBACCO SALES
*Zahira Aqel d/bla Tobacco #1
*Jefrs Bobby & Steve's Autoworld
*Rainbow Food Group, Inc.
*Walgreen Company
*Speedway Superamerica LLC
ADDRESS
2325 N.E. 37t" Place
3701 Central Ave.
4300 Central Ave.
4350 Central Ave.
5000 Central Ave.
FEES
~200.00
200,00
200,00
200,00
200,00
POLICE DEPT.
GAMES OF SKILL
*American Amusement Arcades
*American Amusement Arcades
3919 Central Ave.
4005 Central Ave.
90.00
120.00
FIRE DEPT.
MOTOR VEHICLE FUEL DISPENSING UNITS
*Speedway Superamerica LLC
*Emersons Automotive Service
*Jefrs Bobby & Steve's Autoworld
5000 Central Ave.
4457 University Ave.
3701 Central Ave.
140.00
100.00
160.00
POLICE DEPT.
MOTOR VEHICLE SALES
*First Community Credit Union
843 N.E. 40~" Ave.
200.0O
POLICE, FIRE, BUILDING
SECONDHAND DEALERS
*TVI, Inc. dlbla Savers
4849 Central Ave.
100.00
POLICE DEPT.
TAXI DRIVERS
*Michael Dennis Mealey
*Burdette Theodore House
*Tensale Deressa Umeta
2404 N. Sheridan Ave.
2404 Sheridan Ave, N.
2559 Fry St.
25.0O
25.OO
25.O0
Page 2
APPROVED BY
POLICE DEPT.
TAXICAB VEHICLES
*Michael D. Mealey
*Gopher Taxi Services
ADDRESS
1 Suburban Green & White #110
1 taxi vehicle #123
FEES
~75.00
75.00
POLICE DEPT., FIRE &BLDG.
OFF SALE 3.2 BEER
*Jeff's Bobby & Steve's Autoworld
*Rainbow Foods
*Speedway Superamerica
3710 Central Ave.
4300 Central Ave.
5000 Central Ave.
150.00
150.00
t50.00
POLICE DEPT., FIRE & BLDG.
ON AND OFF SALE 3.2 BEER
*Barbara J. Carroll dlb/a Dick's Place
547 N.E. 40"' Avenue
550.00
POLICE, FIRE & BUILDING
ON SALE LIQUOR WITH SUNDAY SALES
*Mady's Bowl, Inc.
*Buffalo Wild Wings Grill & Bar
3919 Central Avenue
4811 Central Avenue
6500.00
6500.00
POLICE, FIRE & BUILDING
CLUB ON SALE LIOUOR
*Columbia Heights V.F.W. Post 230
*Columbia Heights Lions Club
4446 Central Avenue
530 Mill Street
500.00
300.00
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CITY OF COLUMBIA HEIGHTS
590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806
PROCLAMATION
NOVEMBER 12-18 IS AMERICAN EDUCATION WEEK
WHEREAS, The Schools represent a major investment by any community; and
WHEREAS, Teachers are a most important part of our community's leadership;
and
WHEREAS, Schools represent the best possible avenue of improving the quality of
life in our Country; and
WHEREAS, Involved citizens provide a most important facet in the community
schools; and
WHEREAS, There is a need for better communication and a more cooperative
relationship between professional educators and the community.
NOW, THEREFORE, BE IT RESOLVED, that I, Gary L. Peterson, Mayor of the
City of Columbia Heights, do hereby proclaim November 12-18, 2000, to be
AMERICAN EDUCATION WEEK, and urge all citizens to reaffirm their
commitment to improving and supporting education at all levels, and to
translate this commitment into action by visiting our local schools.
Gary L. Peterson
November, 2000
CITY COUNCIL LETTER
Meeting of November 13, 2000
AGENDA
SECTION:
NO:
ITEM:
NO:
ORIGINATING CITY
DEPARTMENT: MANAGER
Fire APPROVAL
Close Hearing
Rental License Revocation
BY: Dana Alexon
DATE: November 8, 2000 DATE:
The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights
against Dale Frenzel regarding rental property at 3732 3ra Street for failure to meet the requirements of the
Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of
November 13, 2000.
The public hearing on this property may now be closed in that the owner has brought the property/building
into compliance with the Residential Maintenance Code.
RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension
of the Rental License Held by Dale Frenzel Regarding Rental Property at 3732 3ra Street in that the
Property is in Compliance with the Residential Maintenance Code.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of November 13, 2000
AGENDA
SECTION:
NO:
ITEM:
NO:
Public Hearings ORIGINATING CITY
DEPARTMENT: MANAGER
Close Hearing
Rental License Revocation
BY: Dana Alexon
DATE: November 8, 2000
The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against
Mohammed Khan regarding rental property at 981 43-1/2 Avenue for failure to meet the requirements of the
Housing Maintenance Codes was scheduled to commence at the City Council meeting of November 13, 2000.
The public hearing on this property may now be closed in that the owner has brought the property/building into
substantial (but not complete) compliance with the Housing Maintenance Code.
RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the
Rental License Held by Mohammed Khan Regarding Rental Property at 981 43-1/2 Avenue in that the Property is
in Substantial Compliance with the Housing Maintenance Code.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of November 13, 2000
AGENDA
SECTION:
NO:
ITEM:
NO:
Close Hearing
Rental License Revocation
ORIGINATING
DEPARTMENT:
Fire
BY: Dana Alexon
DATE: November 8, 2000
CITY
MANAGER
APPROVAL
DATE:f/,'(~
The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights
against Steven Efterfeld regarding rental property at 1100-1102 39th Avenue for failure to meet the
requirements of the Residential Maintenance Codes was previously scheduled to commence at the City
Council meeting of November 13. 2000.
The public hearing on this property may now be closed in that the owner has brought the property/building
into compliance with the Residential Maintenance Code.
RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension
of the Rental License Held by Steven Efterfeld Regarding Rental Property at 1100-1102 39th Avenue in that
the Property is in Compliance with the Residential Maintenance Code.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of November 13, 2000
AGENDA
SECTION:
NO:
iTEM:
NO:
ORIGINATING
DEPARTMENT:
Fire
Close Hearing
Rental License Revocation
BY: Dana Alexon
DATE: November 8, 2000
CITY
MANAGER
APPROVAL
DATE:
The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights
against Kwei Fang regarding rental property at 4055-4057 University Avenue for failure to meet the
requirements of the Residential Maintenance Codes was previously scheduled to commence at the City
Council meeting of November 13, 2000.
The public hearing on this property may now be closed in that the owner has brought the
property/building into compliance with the Residential Maintenance Code.
RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or
Suspension of the Rental License Held by Kwei Fang Regarding Rental Property at 4055-4057
University Avenue in that the Property is in Compliance with the Residential Maintenance Code.
COUNCIL ACTION:
CITY OF COLUMBIA HEIGHTS
590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806
COMMUNITY DEVELOPMENT
DATE:
NOVEMBER 8. 2000
TO:
MAYOR, CITY COUNCIL. CITY MANAGER
FROM:
TIM JOHNSON, CITY PLANNER
TRANSITION BLOCK PROJECT (NEI SITE)
Background:
As you should be aware, the NEI project has been ongoing for some time, and the public hearing process was
started in the spring of 2000. At the April Planning and Zoning Cormnission meeting, a rezoning from R-2 (single-
family and two-family) to R-4 (multi-family) for the entire NEI site less the Ostrander parcel was approved and sent
to the City Council. On June 26, the City Council had the first reading of Ordinance # 1411 for the rezoning of the
NEI site. A second reading for this rezoning will be necessary. A variance of five (5) feet in height was also
approved for the proposed senior building and passed on to the City Council. The City Council then acted on and
approved the five (5) foot height variance. The Planning and Zoning Commission also reviewed the Preliminary
PUD, and voted to recommend approval of the plan. Ihis plan was also passed onto the City Council, where it was
tabled by the Council on June 26, 2000..
Next steps for Transition Block site:
Staff has had a chance to review the Transition Block (NEI) site and the next steps that are needed for City
approvals.
The Planning and Zoning Commission held a public hearing on November 8, 2000, on the Preliminary and
Final Plat tbr the NEI site. including all proposed easements and alley vacations, and recommended
approval.
The Planning and Zoning Comnussion held a public hearing on November 8, 2000, for the rezoning of the
Osn-ander parcel at 4157 Jackson Street, and recommended approval. This parcel was left out of the initial
rezoning boundaries.
The City Council held a first reading for the original rezoning for NEI on June 26, 2000, and recommended
approval. This rezoning did not have a second reading, and was tabled until the developer demonstrated
property ownership interest.
The City Council will have a first reading for the rezoning proposed for the Ostrander piece on November
13, 2000. On November 27, 2000, the City Council will hear the second reading on the original rezoning
of the entire NEI site, as well as the second reading on the Ost~ander parcel.
The City Council will need to act on the Preliminary Planned Unit Development Plan (PUD) on November
13, 2000. The applicant will submit Final Development Plan (PUD) application, and City Council will need
to act on the Final Planned Unit Development Plan (PUD) on November 27, 2000. In conjunction with the
Final Planned Unit Development Plan (PUD), the City Council will need to approve the Final PUD
Agreement, which was reviewed by the Planning and Zoning Commission on November 8, 2000, and
recorrmmnded for approval to the City Council.
The City Council will need to act on the Preliminary and Final Plat for the NEI site at its meeting on
November 13, 2000.
The City Council on November 13, 2000, will have a first reading of Ordinance # 1425 to vacate the
existing drainage and utility easements from the original plat, and also to vacate t~vo alley right-of-ways
Ii'om the existing plat. Refer to Ordinance # 1425, and also Exhibit A for legal descriptions.
The City Council will have a first reading November 13, 2000, on a proposed parking ordinance for On-
stTeet "Permit Parking Only"/'or NEI. After the first reading is approve& the City Council will have a
second reading for the proposed parking ordinance on November 27, 2000. The Traffic Commission at
their meeting on November 6, 2000, voted to deny the proposed on-street permit parking request.
The City Council will reopen the public hearing for the NEI related TIF District on November 27. 2000,
and act on the contract for private redevelopment. All ordinances are effective 30 days after adoption.
Ordinances related to rezoning and vacations require a 4/5 majority vote for approval.
CiTY COUNCIL LETTER
AGENDA SECTION: Public Hearings
NO:
ITEM: Ordinance # 1425, First Reading
NO: Vacating certain alleys and easements
Meeting of: November 13, 2000
ORIGINATING DEPT.:
Community Development
BY: Tim Johnson
DATE: November 8, 2000
CITY MANAGER
APPROVAL
Issue Statement: NEI and Real Estate Equities are requesting to vacate certain alleys and easements identified
in Ordinance # 1425.
Background: The project has a rather extensive background, in which public hearings were started in April
2000.
Analysis: According to the City of Columbia Heights requirements, vacations of alleys and easements require
the City CounciI to adopt an ordinance identifying any proposed vacations. The vacation of certain alleys and
easements proposed requires two readings by the City Council before adoption. The applicants have proposed to
vacate all &ainage and utility easements on Lot 1, Block 2, Northwestern Addition as dedicated in said plat. This
vacation is only proposed to vacate current City utility easements, not utility company easements such as NSP.
The other vacations are two alley right-of-ways identified in the legal descriptions provided in Ordinance # 1425.
In conjunction with this vacation, the new plat proposed will create new easements of record.
Recommendation: Recommend to approve certain alley and easement vacations identified in Ordinance #
1425.
Recommended Motions:
Move to waive the reading of Ordinance 1425, there being ample copies available to the public.
Move to establish Monday, November 27, 2000, at 7:00 p.m. as the second reading of Ordinance 1425,
which is an Ordinance vacating certain alleys and easements for the NEI site, as the proposal is in
compliance with the City Subdivision Requirements, and the City Engineer has reviewed the vacations
proposed.
Attachments
COUNCIL ACTION:
ORDINANCE NO. 1425
BEING AN ORDINANCE AMENDING ORDTNANCE NO.853
CITY CODE OF 1977, VACATING CERTAIN ALLEYS
AND EASEMENTS
The City of Columbia Heights does ordain:
Section 1:
Section 2:
First Reading:
Second Reading:
Date of Passage:
Offered By:
Seconded By:
Roll Call:
The City of Columbia Heights herewith vacates the public alleys over, across, and
under the following described property, to wit:
All of the alley adjacent to Lots 1 and 2, Block 38, COLUMBIA
HEIGHTS ANNEX TO MINNEAPOLIS, ANOKA COUNTY,
MINNESOTA, lying between the westerly extensions of the north
line of said Lot 1 and the south line of said Lot 2;
All of the alley adjacent to Lots 29 and 30, Block 39, COLUMBIA
HEIGHTS ANNEX TO MINNEAPOLIS, ANOKA COUNTY,
MINNESOTA, lying between the easterly extensions of the north
line of said Lot 30 and the south line of said Lot 29.
All of the drainage and utility easements on Lot 1, Block 2,
NORTHWESTERN ADDITION as dedicated in said plat.
This Ordinance shall be in full force and effect from and after thirty (30) days after
its passage.
Patricia Muscovitz, Deputy City Clerk
November 13, 2000
Mayor Gary L. Peterson
CITY COUNCIL LETTER
AGENDA SECTION: Items for Consideration
NO:
ITEM: Case # 2000-0408
NO: 825 41s* AveNE, 4150 Central AveNE. and
4156 Central Ave. NE
Meeting of: November 13, 2000
ORIGINATING DEPT.:
Community Development
BY: Tim Johnson
DATE: November 8. 2000
CITY MANAGER
APPROVAL
Issue Statement: ThisisarequestforapprovalofapreliminaryplanforaPlannedUnitDevelopment(PUD)
for the construction of a 50 unit senior assisted living building and 22 units of affordable rental townhomes.
Background: The project has a rather extensive background which is summarized in the attached staff report.
The Planning Commission had recommended that the City Council adopt the Preliminary Planned Unit
Development Plan, whereas the City Council had tabled this public hearing, in order to make appropriate changes
and allow additional review by staff.
Analysis: The attached staff report contains a technical zoning analysis for the proposed project. In addition to
information contained in the report, there are a number of issues that will need resolution prior to final approval
of the development. These are summarized below.
1. On-street parking. There are a number of on-street parking spaces proposed along 4 pt Avenue NE and
Jackson Street NE. lhe Traffic Commission reviewed the proposal on Nov. 6, 2000, and recommended
denial of the proposal for NEI on-street permit parking. The City Council will have a first reading for a
proposed parking ordinance on November 13, 2000, to discuss the proposed redevelopment and take
comments.
2. NE1 Consent. On June 8, 2000, NEI provided a letter authorizing the City Council to consider the
rezoning of the NEI property, therefore, the City Attorney has no procedural objection to the Council
consideration of the Planning and Zoning Commission recommendation.
3. Utilities. At the April 4, 2000, Planning and Zoning Commission meeting, a number of citizens voiced
concerns about the ability of the storm water and sanitary sewer systems to handle any increase from the
proposed project. Utility plans have been reviewed by the Public Works Department, which has
determined that the proposed development will not increase the amount of stormwater runoff.
4. Financing and Development Agreement. The Columbia Heights Economic Development Authority is
reviewing financing options as well as a draft Development Agreement.
Recommendation: During their meeting on April 4, 2000, the Planning and Zoning Commission reviewed the
proposal and voted to recommend City Council approval of the rezoning, the five foot height variance, and the
preliminary plan for the Planned Unit Development subject to certain conditions. Their action on the rezoning
was subject to the successlift acquisition of 4156 Central Avenue NE through eminent domain by the Columbia
Heights Economic Development Authority, or proof of ownership established prior to the meeting.
Recommended Motion:
Preliminary Plan for the Planned Unit Development
Move to approve the preliminary plan for the planned unit development at 825 4Pt Avenue NE, 4150 Central
Avenue NE, and 4156 Central Avenue NE, subject to the following conditions.
2.
3.
4.
5.
City Council adoption of Ordinance 1411, rezoning the subject property to R~4, Multiple Family
Residential District.
Successful negotiation of a purchase agreement between the applicant and NEI College of Technology
Successful negotiation of a development agreement(s) between the applicant and the Columbia
Heights Economic Development Authority.
City Council approval of the preliminary and final plat for the project.
~7ne final landscaping plan shall be amended to accommodate landscaping in and around the
stormwater pond to create an open space amenity in the area.
6. The proposed public utility system shall have final review and approval by the Public Works
Department.
7. Final Drainage and Grading plans will need to be reviewed and approved by the Public Works
Department.
8. Plans will need to be approved by the Columbia Heights Fire Department for emergency vehicle
access and hydrant distribution.
9. The final lighting plan shall be reviewed and approved as part of the final plan review.
l 0. Directional changes in the public alley shall be clearly signed and marked, and a traffic impact barrier
shall be provided at the point where the alley turns away from Central Avenue to travel around the
proposed senior building, as well as a guardrail placed adjacent to Outlot B for safety measures.
11. The traffic circulation system shall be clearly signed and marked on the site, including identification
of any one-way systems and private accessways.
12. The final plans shall accommodate waste material storage.
Attachments
COUNCIL ACTION:
CITY OF COLUMBIA HEIGHTS
AGENDA SECTION: Other Ordinances
and Resolutions
NO: 7-A-2
ITEM: Case #2000-0408
No. 825 41~t Avenue NE, 4150 Central
Ave. NE, and 4156 Central Avenue NE
Meeting of: June 26, 2000
ORIGINATING DEPARTMENT:
Community Development
CITY MANAGER
APPROVAL
ISSUE STATEMENT: This is a request for approval of a preliminary plan for a Planned Unit
Development (PUD) for the construction of a 50 unit assisted living building and 22 units of affordable
rental townhouses. This is also a request to rezone the'property located at 825 41st Avenue NE from R-
2, One and Two Family Residential, to R-4, Multiple Family Residential. A rezoning of the property
located at 4150 Central Avenue NE and 4156 Central Avenue NE from CBD, Central Business District,
to R-4, Multiple Family Residential is also requested. A five foot height variance is being requested to
allow the senior building to be 40 feet in height as opposed to 35 feet in height which is the current
maximum height allowed in the R-4 District.
BACKGROUND: The project has a rather extensive background which is summarized in the attached
staff report. Revised plans received 6/21/2000 are also attached.
ANALYSIS: The attached staff report contains a technical zoning analysis for the proposed project. In
addition to information contained in the report, there are a number of issues that will need resolution
prior to final approval of the development. These are summarized below.
1. On-street parking. There are a number of on-street parking spaces proposed along 41 st Avenue
NE and Jackson Street NE. The Traffic Commission reviewed the proposal and took action on
two items (see attached memo from Assistant City Engineer). They recommended approval of
the proposed ingress/egress, and they also recommended that the existing curb line and parallel
parking on 41st Avenue be retained as opposed to the proposed diagonal parking. The Columbia
Heights Police Department and Fire Department were also opposed to the diagonal on-street
parking along 41st Avenue. As currently proposed, a parking ordinance will need to be adopted
by the City Council establishing a permit system for on-street parking by NEI staff and students.
Five spaces would be made available for resident parking on Jackson Street.
2. NEI Consent. On June 8, 2000, NEI provided a letter authorizing the City Council to consider
the rezoning of the NEI property, therefore, the City Attorney has no procedural objection to the
Council consideration of the Planning and Zoning Commission recommendation.
3. Utilities. At the Planning and Zoning Commission meeting, a number of citizens voiced
concerns about the ability of the storm water and sanitary sewer systems to handle any increase
from the proposed project. Utility plans are being reviewed by the Public Works Department and
a verbal and/or written report will be available at the meeting.
4. Financing and Development Agreement. The Columbia Heights Economic Development
Authority and staff have been reviewing financing options as weI1 as a draft Development
Agreement and other agreements.
5. Purchase Agreement: The developer has been negotiating terms for a purchase agreement with
NEI.
6. Other City approvals are necessary including platting of the property and a variance for parking
at the senior assisted living building.
The City Attomey will be available to comment on specific terms of the PUD Agreement at the
meeting.
RECOMMENDATION: During their meeting on April 4, 2000, the Planning and Zoning
Commission reviewed the proposal and voted to recommend City Council approval of the rezoning, the
five foot height variance, and the preliminary plan for the Planned Unit Development subject to 17
conditions. The plans have been revised and attached to this letter as received on 6/21/2000. Their
action on the rezoning was subject to the successful acquisition of4156 Central Avenue NE through
eminent domain by the Columbia Heights Economic Development Authority.
If satisfactory progress between the parties is not reached before the second reading of the rezoning staff
will recommend the approval be tabled before Council action is requested at the July 10, 2000 meeting.
RECOMMENDED MOTION:
Rezoning
Move to waive the reading of Ordinance 141 I, there being ample copies available to the public.
Move to establish July 10, 2000, as the second reading of Ordinance 1411, which is an
Ordinance rezoning 825 41~ Avenue NE, 4150 Central Avenue NE, and 4156 Central Avenue
NE to R-4, Multiple Family Residential District, as the proposal is generally consistent with the
intent of the City Comprehensive Plan.
Height
l/ariance
Move to approve the five foot height variance for the proposed assisted living senior building as
topography of the property creates a hardship.
Preliminary Plan for the Planned Unit Development
Move to approve the preliminary plan for the planned unit development at 825 41st Avenue NE,
4150 Central Avenue NE, and 4156 Central Avenue NE, subject to the conditions listed in the
draft PUD Agreement.
Attachments:
COUNCIL ACTION:
\Joe' s Files\counci12000\Case2000-0408
NEI
COLLEGE OF TECHNOLOGY
Walt Fehst
City Manager
City of Columbia Heights
590 - 40m Avenue N,E.
Columbia Heights, Minnesota 55421
June 8,2000
Re: Real Estate Equities, Inc.'s purchase from NEI College of Technology
825 41 `~ Avenue NE, Columbia Heights, Minnesota 55421-2974
Columbia Heights Case No. 2000-0408
Dear Walt:
On June 8, 2000 1 met with Ken Anderson, your Community Development
Director; Jim Hae~, your City Attorney; and Steve Bubul, the Economic Development
Agency's attorney. At that time we discussed Real Estate Equities, Inc.'s pending
Application No. 2000-0408.
NEI is the owner of Lot 1, Block 2, Northwestern Addition, Anoka County,
Minnesota. The purpose of this letter is to give NErs consent to the Columbia Heights
City Council considering the re-zoning of the NEI property from Zone R-2 to Zone R-4.
If you have any questions, please contact me.
Thank you.
Very truly yours,
NEI College of Technology
Ch les R. Dettman
Robert G. Mitchell, Jr.
Ken Anderson
Jim Haefi
825 41 ST AVE NE ~ COLUMBIA HEIGHTS I MN 55421-2974 q TELE 612,781.4881 ~ FAX 612.782,7329 ~ TOLL-FR£E 800.777.7634 ~ W%VW. NEICOLLEGE.ORG
CITY OF COLUMBIA HEIGHTS
PUBLIC WORKS DEPARTMENT
FROM:
SLrBJ:
DATE:
JOSEPH HOLLMAN, CITY PLANNER
KATHYJEAN YOUNG, ASSISTANT CITY ENGINEER
TRAFFIC COMMISSION RECOMMENDATIONS
APRIL 5, 2000
The Traffic Commission made the following recommendations for the site plan review of the
proposed development on the block from Jackson Street to Central Avenue and 41`~ Avenue to
42nd Avenue.
Approve the proposed ingress/egress as presented on the site plan located between
Jackson Street and Central Avenue, 41a Avenue to a,2"d Avenue.
Retain the existing curb line and parallel parking on 415~ Avenue.
The minutes of the meeting are included in your council packet.
The Commission did not discuss the permitting of on-street parking for NEI in detail and
requires additional information on exactly what spaces would be permitted and how the process
would work. Typically, a public hearing is held when changes in parking restrictions are
proposed. This hearing can be held at the May meeting, provided detailed locations and
permitting information is provided to staff on or before April t 9.
COLUMBIA HEIGHTS FIRE DEPARTMENt'
TO:
FROM:
SUBJECT:
DATE:
Joe Hollman, City Planner
Gary Gorman
Case #2000-0407
April 2, 2000
After looking over the proposed development plans and participating in the
informational meeting, the Fire Department has a few concerns regarding this project.
First, we strongly support the seniors assisted living building. We find through our
many EMS calls that there is a growing number of seniors in this community which are
having a difficult time taking care of themselves and their homes. This type of building
fills a need to get these seniors out of homes which many times are dangerous,
unhealthy, or in need of many costly repairs they cannot afford. This type of residence
offers them a modern, healthy, safe building where they can have 24 hour assistance.
We do have many EMS calls to buildings like this but most would be shifted from their
previous homes so it would not be a significant increase in services.
Secondly, we have many concerns regarding the rental town home portion of the
clevelopment. The way the development is planned now gives us no access to building
D. We would require an access road, a minimum of 20 feet wide, along the rear of this
building. As proposed, we would have no way of getting any Fire Department
apparatus next to this building in the front or rear. The distance to carry equipment and
patients is too great. During life threatening emergencies the extra time needed, to get
to our apparatus on the outskirts of the complex, is not acceptable. Larger multi
bedroom units such as these are needed but in this 'island" type setting, with no place
for the kids to play, causes more than normal wear and damage to the builc~ings and
grounds. Statistically, lower income rental properties suctn as this have a larger than
normal need for our Fire and EMS services. At this time all four buildings would be
owned by one owner. We can see a future problemif t~uildings get sold to separate
owners. We have many problems now getting separate owners to make repairs to
shared property.
Thirdly, we are not in favor of the proposed diagonal parking along 41'I Avenue.
During emergencies we would have to park our vehicles in the drive lanes of 41s~
Avenue. We like to be parked next to the curb if possible for the safety of our
firefighters and to disrupt regular traffic as little as possible. Fire Departments
generally like to be able to park their apparatus between the parking and the buildin~
which is why we require fire lanes. This allows for a much safer and more efficient fire
ground area where we are not working around obstacles. We would have a very
difficult time getting manpower and equipment through the narrow spaces between the
parked cars. Today there are spaces along 41" Avenue which are designated as "no
parking~ which allow us curb access. If any changes were to be made to the parking
along the front of NEI we would require a "no parking fire lane" space to be included.
Thank you for looking into these concerns and please do not hesitate to contact me if
you have any questions.
TO:
FROM:
SUBJECT:
CITY OF COLUMBIA HEIGHTS
Public Works Department
IOE HOLLM_AN
CITY PLANNER
KEVIN HANSEN ~
PUBLIC WOKKS DIRECTOR/CITY ENGINE
MARCH 30, 2000
DATE: CASE 2000-0408:
P & Z CONEMISSION REQUEST TO REZONE PROPERTY
AT 825 41s'r AVENUE AND CONDITIONAL USE PERMIT
The Public Works Department staff has no comment on the request to rezone the property at 825
41~ Avenue or the Conditional Use Permit and related variance.
Staff has not had the oppommiry to conduct a complete site plan review for the proposed
development. General observations include the following:
Proposed ingress and egress is acceptable, pending approval of the Traffic Commission.
Proposed on street diagonal parking, which is not supported by staff, requires extensive
reconstruction on one side of 41" Avenue and on ~'ackson Street at 42na Avenue, including
potential utility. relocations. Further review could evaluate ninety degree parking adjacent
to the existing building with retaining walls as compared to what is gained with diagonal
on-street additional parking.
Since it apparently does not exist, would it be appropriate to require a perimeter
easement of 5 or I0 feet, which is typical of new plats7
Additional ROW or an easement would need to be provided for the proposed parallel
parking and sidewalk.
The existing alley at the north end of the development would need to be relocated.
The existing sanitary sewer at the south end of th~ development would need to be
relocated.
Calculations and a catchment area map for on-site storm water detention need to be
provided.
cc: Ken Anderson. Community Development Director
COLU.~IBIA HEIGHTS POLICE DEPARTSlENT
TO:
FROM:
SUB/ECT:
DATE:
Joe Hollman, City Planner
Thomas M. Johnson, Chief of Police~
Case #2000-20407 and 2000-0408, Rezoning of N'EI Property
March 27, 2000
The Police Department has no issues with case #2000-0407.
Reference case #2000-0408, the Police Department is supportive of the 50 unit assisted living senior building
designated for the southwest comer of this property. We would suggest the addition-if it is not already in
the plan-of underground secure parking for both residents and employees. As you know from past
experience, vehicle theft, vehicle break in, and vehicle damage can be a major problem in areas such as these.
We are also concerned with the outside parking setup in the area being next to the rental town homes and
our past experience with thefts and damage to autos in the N1EI parking lot. We would recommend some
high intensity lighting in this area to deter theft and vandalism. We do not feel that the location of the rental
units will give the seniors a sense of security within their homes.
We have some major concerns with the "affordable rental town home" concept, Our concerns are that our
city now has several areas of high density rental that take a great deal of city resources, We feel the
proximity of the rental units to the senior units and the business area predestines this area to be a high cr!me.
area, We would suggest minimally that at least every other town home be owner occupied, Ownership
bnngs with it accountability and responsibility. We would suggest a possible program such as "s~veat
equity" or Habitat for Humanity for assisting with getting home owners into these proper~ies-notj ust renters.
The Police Department also has a problem xvith the diagonal parking proposed for in front of NliI. With the
traffic volumes in this area and the natural increase that will take place if the project goes forward, we
foresee many more accidents in this area caused by people backing out and into oncoming traffic. At this
tune this area requires a relatively low amount of police and city resources. Every driving school we are
aware of suggests pulling out into traffic rather than backing into ~affic. This will also have a dramatic
effect dunng our winter months when no parking is allowed on the streets from November to April. We feel
it would be in the best interest of the people using these facilities to have limited on street parking and
directing them to parking lots and ramps in the area.
The Police Department understands the need for the housing listed. We requested your utmost attention to
the issues we may be creating if the plan goes as proposed.
TMJ:mld
00-93
Case: 2000-0408
Page: 1
STAFF REPORT TO THE PLANNING AND ZONING COMMISSION
FOR THE APRIL 4, 2000 PUBLIC HEARING
Case #: 2000-0408
GENERAL INFORMATION
Owner: NEI College of Teclmology Applicant:
Address: 825 41" Avenue NE
Columbia Heights, M2N 55421
Owner:
Address:
Larry & Patricia Truehart
4156 Central Avenue NE
Columbia Heights, MN 55421
Real Estate Equities
325 Cedar St., Suite 400
St. Paul, MN 55101
(651) 227-6925
Owner:
Address:
Columbia Heights Economic Development Authority (590 40th Avenue NE)
4150 Central Avenue NE
Columbia Heights, MN 55421
Parcel Addresses: 825 41" Avenue NE, 4156 Central Avenue NE, 4150 Central Avenue NE
Zoning:
825 41" Avenue NE is zoned R-2, One and Two Family Residential
4156 Central Avenue NE is zoned CBD, Central Business District
4150 Central Avenue NE is zoned CBD, Central Business District
Comprehensive Plan: C - Commercial, MI)R - Medium Density Residential
Surrounding Zoning
and Land Uses:
Zoning
North: R-2 and RB
South: CBD and R-3
East: CBD
West: R-2
Land Use
North: Residential and Commercial
South: Cornre., Res., hstimtional
East: Commercial
West: Residential
BACKGROUND
Explanation of Reauest:
This is a request for a Conditional Use Permit to allow a Planned Unit Development (PUD) for
the construction of a 50 unit senior assisted living building and 22 units of affordable rental
townhomes. TL,- rental townhomes will consist of four buildings (see attached site plans).
Case: 2000-0408
Page: 2
Buildings A and B will contain six units each, and Buildings C and D will both contain five
units. In addition to the Planned Unit Development the property is being replaned. Please note
that the request before the Commission for the April meeting is for a preliminary review of the
PUD and Plat.
The affordable rental units will be developed at 13.33 units per acre. The development will be a
combination of 19 Low Income Housing Tax Credit (LIHTC) units and 3 Hollman units Multiple
Housing Opportunities Program (MHOP). The following provides an approximate summary of
rents.
/VIiHOP Units
· One 2-bedroom unit
· One 3-bedroom unit
· One 4-bedroom unit
$260 per month
$260 per month
$260 per month
LI2HTC Units
Seven 2-bedroom traits $635 per month
· Five 3-bedroom units $730 per month
Four 3-bedroom deluxe units $730 per month
· Three 4-bedroom units $810 per month
The assisted living senior building will consist of 50 units (beds). There will be a total of 41
assisted living units and 9 memory units (alzheimer care). You will note that the floor plan
indicates that there wilt be a coffee cafi. Staff has been informed by the applicant that this will
be utilized by residents and staff, but will not be open to the public as a commercial operation.
This is also a request to rezone the property located at 825 4P' AvenueNE from R-2, One and
Two Family Residential, to R-4, Multiple Family Residential. A rezoning of the property
located at 4150 Central Avenue NE and 4156 Central Avenue NE from CBD, Central Business
District, to R-4, Multiple Family Residential is also requested. A five foot height variance is
being requested to allow the senior building to be 40 feet in height as opposed to 35 feet in height
which is the current maximum height allowed in the R-4 District.
Case Histon2:
During the spring of 1998, the Minnesota Design Team visited Columbia Heights for a weekend
and held two town meetings to facilitate community discussion and make recommendations for
improvements. One of their recommendations was the creation of a transition block on the
subject property which would consist of a variety of life cycle housing opportunities. In response
to this recommendation, the City applied for $771,000 of Livable Communities Demonstration
Account funds from the Metropolitan Council to help finance the project. At the time of the
application, the project consisted of 18 affordable rental units, 70 affordable independent living
senior units, and 26 owner-occupied townhomes. In December, 1998, the City was informed that
we were awarded a grant in the amount of $575,000 for the project, $30,000 of which was
budgeted for the completie_-: of a Master Redevelopmerit Plan for Downtown Columbia Heights.
Case: 2000-0408
Page: 3
Please note that the gram application was prepared in cooperation with Real Estate Equities
Development Company (the applicant) and Crest View Corporation which is partnerhag with
Real Estate Equities on the assisted living senior building.
825 41'~ Avenue NE contains NEI College of Technology which has occupied the property since
1982. The original building was constructed in 1926 and was added to in 1951. It was first used
as the High School for Independent School District 13 and was later tumed into the Junior High
School. 4150 Central Avenue NE is currently a vacant lot owned by the Columbia Heights
Economic Development Authority (EDA). 4156 Central Avenue NE is currently occupied by
Citywide Locksmith. Please note that the applicant has unsuccessfully attempted to enter into a
purchase agreement with the property owner of 4156 Central Avenue NE. As a result, the
applicant has requested that the EDA use the power of eminent domain to acquire the property.
The EDA will formally consider this request at their special meeting on April 11, 2000.
ANALYSIS
Surroundin~ Properly:
The surrounding property on the east is zoned CBD, Cen~al Business District and is used
commercially. The property to the north is zoned both RB, Retail Business, and R-2, One and
Two Family Residential. The property zoned RB is currently vacant, but is the site of a planned
office building. Most of the property to the north is used residentially. The property to the south
is also a combination of commercial, residential, and institutional. The area to the west of the
subject property is zoned R-2 and is used residentially.
Technical Review:
Rezoning
As mentioned above, 825 41't Avenue NE is zoned R-2, One and Two Family Residential; 4156
Central Avenue NE is zoned CBD, Central Business District; and 4150 Central Avenue NE is
zoned CBD, Central Business Dislrict. This request is to rezone all three properties to R-4,
Multiple Family Residential.
Applicable permitted uses in the R-4 District include multiple family dwelling structures, nursing
homes, and public and private schools. Multiple family dwelling sla'ucmres and nursing homes
are not permitted in the R-2 or CBD Districts, so the rezoning is necessary to accommodate the
proposed uses.
The City Comprehensive Plan designates 825 41~ Avenue NE for future medium density
residential development and the two properties on Central Avenue for future commercial
development. Medium density residential development should consist of four, six, and eight-
family townhouse buildings. The Plan states that appropriate zoning for medium density
residential is R-3, Multiple Family Residential. The commercial designation is designed to
accommodate uses allowed in the Limited Business, Retail Business, and Central Business
Districts. Please note that the LB Distrio: allows multiple family buildings as a permitted use
Case: 2000-0408
Page: 4
and nursing homes as a Conditional Use. The request is generally consistent with the intent of
the Comprehensive Plan. However, please note that Plan includes a designation for high density
residential which would accommodate apaxq.ments. Appropriate zoning for the high density
residential designation is R-4, Multiple Family Residential.
Because the owner-occupied townhouse units have been removed from the development, the
proposal is less consistent with the intent of the Plan than when the grant application was
submitted. However, because the subject property is designated for both commercial and
medium density residential, and because the development is being processed as a Planned Unit
Development, rezoning the property to R-4 is more appropriate than the R-3 designation. It is
staffs opinion that the project is still generally consistent with the intent of the Comprehensive
Plan.
The draft 2000 Comprehensive Plan designates the area for future transit-oriented development
and it is also identified as a potential redevelopment area. The Plan states that areas designated
for transit-oriented development will include service-oriented commercial/retail development
with b_igh-density residential development providing the balance of the development. The
proposal is consistent with this recommendation.
Please note that because the project is subject to the use of eminent domain on the property at
4156 Central Avenue NE, staff will recommend that action taken on the rezoning request be
subject to the successful completion of the eminent domain process.
Planned Unit Development
The purpose of a Planned Unit Development is to encourage flexibility in the design and
development of land in order to promote its appropriate use. The following requirements apply
to the Planned Unit Development.
1. The tract of land shall be served with city sewer and water and have not less than 75 feet
of public right-of-way frontage. The subject properly is served by city sewer and water,
and the property greatly exceeds 75 feet of fi'ontage.
2. No principal building shall be nearer than its height to the rear or side lot line when such
Line abuts an R-1 or R-2 District. Provided that the rezoning is approved, the proposed
lots will not abut an R-1 or R-2 District.
No building within the development shall be nearer to another building than ~ the sum of
the height of the two buildings. The project as proposed meets this requirement.
Private accessways shall be 24 feet or more in width. Having scaled the accessways on
the plan it appears that it is 22 feet in width at its most narrow point (driveways onto 4I'~
and 42"a Avenue NE), so the accessway will need to be widened to 24 feet in these areas.
5. No building shall be located less than 15 feet from the back of the curb on roadways and
accessways, and 3 feet on service roads. The proposed senior building will be roughly 20
feet from the back of the curb along Central Avenue and 37 feet from the back of the curb
along 42"d Avenue NE. The proposed Building B of the rental units will be roughly 30
feet fi'om the back of the curb along 41~' Avenue NE, and the proposed Building D is 26
Case: 2000-0408
Page: 5
feet from the existing alley.
Guest parking ratio shall be one space for each fob units with no unit having a distance
greater than 200 feet to such space. Please note that the Zoning 0rdinanee requires 1.5
spaces for each dwelling unit in the R-4 District, one of which shall be a garage, so 33
spaces arc required for the rental units (17 garage spaces). Also, 6 additional spaces are
required for the guest parking ratio. The proposal includes 44 spaces (22 garage) for the
rental units which meets minimum parking requirements as 39 total spaces are required.
An open space system shall be desigucd showing recreational areas equal to at least 10%
of the site area and served by a pedestrian oriented path system. It is intended that natural
areas be included as part of the open space system. The proposal includes a sidewalk
system which will serve the rental units, connecting that portion of the development to
41s' Avenue NE. Also included in the proposal is an open area between building D and C
on Lot 1 which is approximately 6,800 square feet in size. This area will contain
playground equipment. Please note that the subject property does not currently contain
any "natural" areas, but it is staffs opinion that the proposed storm water pond can be
landscaped in a manner that will make it a passive amenity for the project. The pond area
is roughly 9,539 square feet in size. This along with the open playground area combines
for approximately 17% of the area subject to redevelopmont. Provided that the storm
water pond is landscaped in an attractive manner, the proposed open space system meets
the intent of the Ordinance.
A sewer-water public utility system to serve the project shall be submitted, said system
shall indicate a fire hydrant distribution to the approval of the Fire Chief and in total to
the City Council. This information is subject to review and approval by the Public Works
Department and Fire Depa~ huent.
A street light system shall be submitted for approval and all wires shall be below ground.
At this point, staff has not seen a lighting plan, but will recommend that one be provided
as a condition of approval for the final plan review.
Plat
Before a final plat is submitted to the City, the developer is required to submit a tentative or
prelimina_~ plat. The proposed plat indicates that the site will be divided into the following lots:
1. Lot 1 will be approximately 1.6 acres in size and will contain the 22 rental units.
2. Lot 2 will be roughly .65 acres and will contain the assisted living building.
3. Lot 3 will be roughly 5.2 acres and will contain NEI College of Technology and related
on-site parking. Please note that the proposed map does not label the property as Lot 3,
so this will need to be amended prior to approval of a final plat.
A nmmber of new easements are being proposed, and some existing easements will need to be
vacated.
1. Outlot A - drainage and utility easement for the relocated storm water pond. Please note
that the storm water pond is currently located where the assisted living building is
proposed. The size and location of the proposed pond is subject to review and approval
by the Public Works Department.
Case: 2000-0408
Page: 6
2. The existing drainage and utility easement for the storm water pond and related piping
needs to be vacated.
3. A proposed drainage and utility easement is proposed around the rental units for a
proposed sanitary sewer line and water main to serve the four buildings.
4. There is a portion of a drainage and utility easement that encroaches into the proposed
Lot 1 that will need to be vacated.
Having reviewed the proposed plat, staff has a number of concerns that should be addressed prior
to approval of a final plat.
1. Alley - Currently, there is a north-south alley that is located west of the existing
commercial properties along Central Avenue which connects 41'~ and 42"a Avenues. The
proposed senior building is located over the existing alley, so that portion of the right-of-
way will need to be vacated. Also, the proposed plat does not indicate that the right-of-
way will be redirected around the senior building out to 42nd Avenue. Staff is
recommending that the plat be mended to show the alley right*of-way being redirected
to 42"a Avenue. Please note that staff has safety concerns about the proposed alley which
will contain two 90 degree trams, so staff will recommend as part of any final approvals
that the directional changes be clearly signed and marked, and a traffic impact barrier be
provided at the point where the alley turns away from Central Avenue to Ixavel around
the proposed senior building.
2. On-street parking - The plat will need to be mended to illttsl~ate relocated property
boundaries for NEI to accommodate the property to be acquired by the City for on-street
parking along 41~ Avenue NE and Jackson St. NE.
3. Lot 3 - As mentioned above, the Plat will need to be amended to label the property
occupied by NEI College of Technology as Lot 3.
4. Accessway - The accessway, as proposed, is intended to be shared by NEI, the rental
units, and the assisted living building. Currently, the plat shows certain property lines as
being located in the middle of the accessway. Staff will recommend that the accessway
be labeled and described as an outlot for the purpose of shared access.
Parking and Traffic Circulation
As mentioned above, guest parking ratio shall be one space for each four units with no unit
having a distance greater than 200 feet to such space. Please note that the Zoning Ordinance
requires 1.5 spaces for each dwelling unit in the R-4 District, one ofwkich shall be a garage, so
33 spaces are required for the rental units (17 garage spaces). Also, 6 additional spaces are
required for the guest parking ratio. The proposal includes 44 spaces (22 garage) for the rental
tillitS which meets rnlnirnlllTl parking requirements, as 39 total spaces ~re required. The amount
of parking proposed for the rental units meets requirements.
For the purposes of parking and zoning requirements, the assisted living senior building is being
considered a nursing home. Please note that the Zoning Ordinance does not specifically identify
assisted living senior facilities as a use, so the most closely related use needs to be used which is
either a nursing home or a multiple family building. It is staffs opinion that tl-..' proposed
Case: 2000-0408
Page: 7
facility is more closely related to a nursing home than it is a multiple family building. A nursing
home requires at least one parking space for each two beds for which accommodations are
offered. The proposed assisted living building will have 50 units (beds), so a total of 25 parking
spaces are required for the building. The proposed plan indicates that 15 spaces will be provided
for use by the assisted Hving building, all of which are designed to back directly into the public
alley. As a result a parking variance will need to be granted for the assisted living component of
the project or an additional 10 spaces will need to be created. Please note that staff has inquired
about the possibility of a shared parking agreement with NEI College of Technology. It was
explained that this has not been discussed and is an unlikely possibility.
The proposal indicates that 422 spaces will remain on-site for use by NEI College of
Technology. The Zoning Ordinance requires vocational schools to have one parking space for
every 2 1/8 students based upon actual enrollment which is the greatest number of students
enrolled and are in attendance at one time. According to information provided to staff, NEI
currently has 350 full-time students and 250 part-time students (600 total). Based on the
minimum parking regulations, they are required to have 282 on-site spaces. As mentioned
above, 422 spaces will remain on-site which meets minimum parking requirements for NEI.
Of these 422 spaces, 366 will be standard size, 46 will be compact, and 10 will be handicapped-
accessible. Please note that the Zoning Ordinance allows schools with over 300 parking spaces
to utilize compact parking provided that not more than 40% of the spaces are compact and the
spaces are not less than 8 feet wide by 18 feet in length. The proposed compact spaces are 8.5
feet wide by 18.5 feet in length and roughly 11% of the total spaces will be compact, so this is in
compliance with the Ordinance. The standard spaces are described as 9 feet wide by 18.5 feet in
length with a 27 foot drive aisle. The required length of a parking space is 20 feet, so the plans
will need to be mended to accommodate 20 foot spaces. This will shorten the width of the drive
aisles to 24 feet which is a satisfactory distance for safe traffic circulation.
NEI College of Technology is maintaining the position that they will need 500 parking spaces to
meet projected parking demands. As a result, the development proposal is including an
additional 84 parking spaces which will be constructed on-street. 55 are proposed to be located
along 41'~ Avenue NE and 29 are proposed along Jackson Street N'E. As mentioned earlier,
additional right-of-way will need to be acquired to accommodate this on-street parking.
The proposed development will utilize an existing access from 42"~ Avenue and a new access
will be created off41'l Avenue. Please note that the Traffic Commission is reviewing the
proposed accesses. The proposed on-street parking spaces generate safety concerns as well as
maintenance concerns, but on-street parking can also have a traffic Calming effect which can
benefit traffic circulation in the area. The proposed development will accommodate internal
traffic circulation though the addition of residential units on the site will generate some
additional traffic on the surrounding system that is not currently there.
One point of concero pertainz to the configuration of Jackson St. in the project. Currently,
Case: 2000-0408
Page: 8
Jackson St. is a one-way road south from 42na Avenue where the public fight-of-way ends
roughly 200 feet south of 42'~. Traffic can still travel through the site either in the parking lot
west of NEI or through the parking lot north of NEI. Please note that this is an existing
condition, but staff will recommend that the one-way system and private drives be clearly
marked and signed.
Life Cycle Housing Study
The Life Cycle Housing Study which was completed for the City in May, 1998, recommended
that 99 ownership townhouses be consreacted in the City by 2010, and it also recommended the
construction of additional housing for seniors. The Study stated that 131 rent assistance
certificates be added for affordable rental units in the City, but new affordable rental should not
be conswucted in the City unless it is subsidized. The proposed rental units will receive subsidies
through the Minnesota Housing Finance Agency, Metropolitan Council, and other sources, so it
is consistent with the recommendation in the Study. However, construction of affordable rental
units was not identified as a priority for the City.
Height Variance
As mentioned earlier, the proposed assisted living senior building will be a maximum height of
40 feet. The maximum height allowed in the R-4 District is 35 feet so a variance is necessary.
Section 9.105(3)(d) of the Zoning Ordinance states the following: "In recommending a variance,
it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of
exceptional topography, soil conditions, tree number or location or water conditions the owner of
such lot would have an undue hardship in using his lot in a manner customary and legally
permissible within the rules of the zoning district." In order for a variance to be granted,
hardship needs to be established.
The height of the building at Central Avenue was measured to be 26 feet which meets the
maximum height requirement, but the grade elevation drops west of Central, so in order to
maintain a level roof Line, the maximum height of the building is ~,0 feet from grade where the
grade drops. It is staffs opinion that topography of the property creates a legitimate hardship on
which to base an approval of the variance.
Miscellaneous
The Police Department has stated that they are supportive of the assisted living senior building
component of the project, but they suggest that secure parking and adequate lighting be provided
to deter theft and vandalism. They also stated that they have some major concerns with the
affordable rental component. They are concerned that the City ettrrently has several areas of high
density residential that take a great deal of City resources. The Police Deparmaent is also
concerned about the proposed diagonal parking in front of NEI, particularly regarding safety
issues. Please refer to the attached Memo dated March 27, 2000, from the Police Chief for more
detailed information regarding these concerns.
One possible alternative to the on-street parking along 41~ Avenue is the construction of another
Case: 2000-0408
Page: 9
on-site parking lot between the building occupied by NEI and 41" Avenue NE. This would
alleviate concerns about on-street parking but it would also create more impervious surface in the
area and would remove some of the existing green/open space in the area. If the Planning and
Zoning Commission feels it important to remove the on-street parking along 41~ Avenue, the
developer could be requested to design a parking lot in this area prior to plan approval.
The plans do not indicate proposed locations for waste material storage. The Columbia Heights
Zoning Ordinance requires that waste material storage be located and fenced as to be removed
from public view. Staff will recommend that the plans be amended to accommodate waste
material storage.
The assisted living senior building is required to have at least one loading berth that is no less
than 12 feet in width, 25 feet in length, and 14 feet in height. The location of this loading berth
shall not be located less than 50 feet from the lot line of an abutting lot in an "R" District and it
shall not occupy front yards or side streets. Also, the loading berth shall be located with
appropriate means ofvekicular access to a public street or alley so as not to interfere with waffle.
You will note that the plans accommodate an arced driveway off42nd Avenue NE which is large
enough to accommodate a loading berth. This berth is more than 50 feet from an abutting
residential lot and does not occupy a side street, so it is in compliance with the Ordinance.
The Zoning Ordinance requires that screening be provided between commercial and residential
uses. Staff will recommend that the plans be amended to provide screening between the
proposed development and the existing commercial development east of the subject property.
The positive aspects of this proposal are as follows:
1. The proposal is generally consistent with the intent of the City Comprehensive Plan and
Life Cycle Housing Study.
2. The development will provide needed housing opportunities for seniors.
3. The proposal will provide new residential development near the downtown area which
ereares the possibility of increased activity to support area businesses.
The negative aspects of this proposal are as follows:
1. The proposal maxirni~es the amount of space available to accommodate parking
demands.
2. Removing the owner-occupied townhouse units which was part of the original application
eliminates one of the most needed life-cycle housing options in the community from the
project.
3. The proposed on-street parking generates concerns about safety and increased
maintenance.
CONCLUSION
" Staff Recommendations:
Case: 2000-0408
Page: 10
Staff recommends approval of Ordinance 1411 (attached) which is an Ordinance rezoning the
subject property to R-4, Multiple Family Residential, as the proposal is generally consistent with
the intent of the City Comprehensive Plan. This recommendation will be subject to the
successful a~qnisition of 4156 Central Avenue NE through the eminent domain process.
Staff recommends approval of the five foot height variance for the proposed assisted living
senior building as topography of the property creates a hardship.
Staff recommends approval of the preliminary plan for the Planned Unit Development subject to
the conditions listed in the recommended motion..Please note that the Planning and Zoning
Cormrrkission can recommend City Council approval of the preliminary plan, and the City
Council can approve, disapprove, or approve with modifications. Ifapproved, the proposal will
be back before the Planning and Zoning Conunission as a final plan. At that time, the
Commission will recommend City Council action on the final plan which will take the form of a
resolution approving, approving with conditions, or denying a Conditional Use Permit to allow
the planned unit development. At this point, the Planning and Zoning Cornrnission is being
requested to recommend City Council action on the preliminary plan.
In addition to the recommendations identified above, staff will recommend that a revised
preliminary plat be submitted for Planning and Zoning Commission review at their next meeting.
At that time the Commission can recommend City Council action on the preliminary and final
plat provided that the necessary information is provided.
Recommended Motions:
Move to recommend City Council adoption of Ordinance 1411 which is an Ordinance rezoning
825 41~ Avenue NE, 4150 Central Avenue NE, and 4156 Central Avenue NE to R-4, Multiple
Family Residential District, as the proposal is generally consistent with the intent of the City
Comprehensive Plan, subject to the following condition.
1. Successful acquisition of4156 Central Avenue NE through eminent domain by the
Columbia Heights Economic Development Authority.
Move to recommend City Council approval of the five foot height variance for the proposed
assisted living senior building as topography of the property creates a hardship.
Move to recommend City Council approval of the preliminary plan for the planned trait
development at 825 41" Avenue N'E, 4150 Central Avenue NE, and 4156 Central Avenue NE,
subject to the following conditions.
1. City Council adoption of Ordinance 141 I, rezoning the subject property to R-4, Multiple
Family Residential District.
2. City Council approval of the five foot height variance for the proposed assisted living
senior building.
3. Successful negotiation of a purchase agreement between the applicant and N'EI College of
Technology
Case: 2000-0408
Page: 11
11.
12.
13.
14.
15.
16.
17.
Successful negotiation of a development a~eement(s) between the applicant and the
Columbia Heights Economic Development Authority.
City Council approval of the preliminary and final plat for the project.
The plat shall be modified to include the following:
a. The plat shall be mended to illustrate the alley right-of-way through the property,;
b. The plat shall be mended to illustrate relocated property boundaries for NEI to
accommodate property to be acquired by the City for on-street parking;
c. The property occupied by NEI will need to be labeled as a Lot;
d. The private accessway will need to be labeled and described as an outlot for the
purpose of shared access.
The creation and vacation of pertinent easements shall be approved by the City.
The private accessway will need to be no less than 24 feet in width.
The landscaping plan shall be mended to accommodate landscaping in and around the
stormwater pond to create an open space amenity in the area.
The proposed public utility system will need to be reviewed and approved by the Public
Works Department.
Drainage and Grading plans will need to be reviewed and approved by the Public Works
Department.
Plazas will need to be approved by the Columbia Heights Fire Department for emergency
vehicle access and hydrant distribution.
A lighting plan shall be submitted for review and approval as part of the final plan
Directional changes in the public alley shall be clearly signed and marked, and a traffic
impact barrier shall be provided at the point where the alley turns away from Central
Avenue to travel around the proposed senior building.
A parking variance for the assisted living ser~or building will need to be applied for and
approve, d, or additional parking spaces will need to be provided to meet minimum
requirements.
The plan shall be amended to illustrate the standard parking spaces as 20 feet in length.
The traffic circulation system shall be clearly signed and marked on the site, including
identification of any one-way systems and private a~cessways.
The plans shall be amended to accommodate waste material storage.
The plans shall be mended to provide screening between the proposed development and
the existing commercial development east of the subject property.
Attachments:
· Completed application form; Ordinance 1411; Police Department Comments; Project
Milestones; Public Works Dept. comments; and, Public Notice
Also please find the following plans attached: Preliminary plat; preliminary grading plan;
preliminary utility plan; existing conditions; site parking; site plan; senior building
elevations; senior building floor plans; renal unit elevations and floor plans; and, a
landscaping plan.
CITY OF COLU1~BXA N?IGHTS
A~licstion Fo::
Variance .-~
Privec7 Fence
Conditional Use Permit
Subdivision Appr~vll
Site PI~ App~
O~er ~u~
RECEIVED
~vlAI'( 17 2000
3OMMUNITy DEVELOPMEN'I
Application Date, 1,~_/~-00
use awo:
Fee: ~5~, ~te Paid '~
LeKal Deecr.lpt.f. on of Subject proper~y=
A~llc=nt:
Address: ~' (~u~ T~- ~L ~z~
Street Address of Subject Froper=7,
6.
Address:
Phone:
Phone:
Zonln~:
Applicable City Ordinance Number ~/~
Present Zoning
Section
leason for Bequest:
AcknovledKment ~nd SiXnature: The undersi6med hereby represents upon all of the
penalties of lew.'for the purpose of induc~n2 t. he tit7 of Columbia Heights to take the
~ction herein requested. that all s~atemeuts herein are true and =hat all work here~u
men~ioued will be done in accordance with the Ordinances of the Cin7 of Columbia Heights
and =he laws of the State of/~.
2j'/
?t~nature of Applica=t=
-
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Section 6:
Section 7:
ORDINANCE NO. 1411
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977,
PERTAINING TO THE REZONING OF CERTAIN PROPERTY
That certain property legally described as Lot 1, Block 2, Northwestern Addition.
To authorize and direct staff to amend the official zoning map to reflect the
change in zoning from R-2, One and Two Family Residential District, to R-4,
Multiple Family Residential District, upon the effective date of said ordinance.
That certain property legally described as Lot 2 and the south 11 feet of Lot 1,
Block 38, Columbia Heights Annex to Minneapolis.
To authorize and direct staff to amend the official zoning map to reflect the
change in zoning from CBD, Central Business District, to R-4, Multiple Family
Residential District, upon the effective date of said ordinance.
That certain propen-y legally described as Lot 2, except the south 11 feet, Block
38, Columbia Heights Annex to Minneapolis.
To authorize and direct staff to amend the official zoning map to reflect the
change in zoning from CBD, Central Business District, to R-4, Multiple Family
Residential District, upon the effective date of said ordinance.
This ordinance shall be in full force and effect from and after 30 days after its
passage.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patricia Mu~covitz, Deputy City Clerk
PROJECT MII,ESTONES
CLOSE ON TAX CREDITS
CLOSE ON CONSTRUCTION LOAN
BEGIn' CONSTRUCTION
M.A.RKET~G BEGINS
~TIT_AL OCCUPANCY
COHPLETION OF CONSTRUCTIOn'
FI~'A.L OCCUPANCY
CLOSE ON PERM. A.NENT MORTGAGE
J'LrNE 2000
JITNE 2000
JUNE 2000
NOVE1V[BER 2000
JAN"UARY 2001
APEEL 2001
MAY 2001
JULY 2001
CITY OF COLUMBIA HEIGHTS
S90 4OTH AVENUE N.I~.. COLUMBIA HEIGHTS, MN '~5421-3878 (6 ~2.) 782-2.800 TDO 782-2806
MernOer:
Tom Rams~lelL Cl?a
~(evln Hanso
Te~2 Y enl,
Daniel Shattuc~
Stephen johnsn~
PLANNING AND ZONING COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing
in the City Council Chambers of City Hall, 590 40"' Avenue NE, at 7:00 PM on Tuesday. April 4,
2000. The order of business is as follows:
A request for a Conditional Use Permit to allow a Planned Unit Development on
the property located at 825 41" Avenue NE, 4150 Central Avenue NE, and 4156
Central Avenue NE for the construction of a 50 unit assisted living building and
22 units of rental townhomes.
This is also a request to rezone the property located at 825 41 .t Avenue
NE from R-2. One and Two Family Residential, to R-4, Multiple Family
Residential. A rezoning of the property located at 4150 Central Avenue
NE and 4156 Central Avenue NE from CBD, Central Business District, to
R4,Multiple Family Residential is also requested.
In addition, a five foot height variance is being requested to allow the
senior building to be 40 feet in height as opposed to 35 feet in height
which is the current maximum height allowed in the R-4 District.
For questions you may contact Joe Hollman, City Planner, at 612-706-3673.
Planning and Zoning Commission
CITY OF COLUMBIA HEIGHTS
Walt Fehst
City Manager
jh
The City of Columbia Heights does not discriminate on the basis of disability in the admission or
access to, or treatment or employment in, its services, programs, or activities. Upon request,
accommodation will be provided to allow individuals with disabilities to participate in all City of
Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons
are available upon request when the request is made at least 96 hours in advance. Please call
:,he City Council Secretary at 706-3611 to make arrangements. (TDD/706-3692 for deaf or
neanng ~mpaired only.)
AGENDA SECTION:
NO:
ITEM: Case # 2000-1128
NO: 825 41st Ave NE, 4150 Central Ave NE, 4157
Jackson Street NE, and 4156 Central Ave. NE
CITY COUNCIL LETTER
ORIGINATiNG DEPT.:
Community Development
BY: Tim Johnson ~
DATE: November 8, 2000
Meetinlg of: November 13, 2000
CITY MANAGER
APPROVAL
Issue Statement: ThisisarequestforapprovalofthePreliminaryandFinalPlatofNorthwestemSecond
Addition and all that property identified on the plat as submitted at 825 41st Avenue NE, 4150 Central Avenue
NE, 4156 Central Avenue NE, and 4157 Jackson Street NE. This is also a request to rezone the property located
at 4157 Jackson Street NE from R-2 (single and two-family residential), to R-4 (multi-family residential).
Backl~ronnd: The project has a rather extensive background which is summarized in the attached staff report.
Analysis: The attached staff report contains a zoning analysis for the proposed project. In addition to
information contained in the report. there are some issues that still need resolution prior to final approval of the
development. These are summarized below.
1. Successful acquisition of the property at 4156 Central Avenue NE by Real Estate Equities.
2. On-street parking proposed for NEI along 41~t Avenue and Jackson Street NE. The Traffic Commission
denied the on-street parking request from NEI and Real Estate Equities at their meeting Nov. 6. The City
Council will conduct a First Reading of a Parking Ordinance proposed, to identify critical issues and take
comments at the meeting of November 13, 2000.
Recommendations: Staff recommends approval of Ordinance # 1423 (attached), which is an ordinance
rezoning the subject property at 4157 Jackson Street NE to R-4 (multi-family residential), as the proposal is
generally consistent with the intent of the City Comprehensive Plan. This recommendation will be subject to the
successful acquisition of 4156 Central Avenue NE.
Staff recommends approval of the Preliminary and Final Plat as presented as Northwestern Second Addition and
all that property identified on the plat as submitted, as the Plat is in substantial compliance with the City
Subdivision Ordinance requirements.
Recommended Motions:
Rezoning
Move to waive the reading of Ordinance # 1423, there being ample copies available to the public.
Move to establish Monday. November 27, 2000, at 7:00 p.m. as the second reading of Ordinance # 1423,
which is an Ordinance rezoning 4157 Jackson Avenue NE to R-4, Multiple Family Residential District, as
the proposal is generally consistent with the intent of the City Comprehensive Plan, and is consistent with the
proposed zoning for the entire NEI site.
Preliminary and Final Plat
Move to approve the Preliminary and Final plat as presented for Northwestern Second Addition as submitted
at 825 41st Avenue NE, 4150 Central Avenue NE, 4157 Jackson Street NE, and 4156 Central Avenue NE, as
the Plat is in substantial compliance with the City Subdivision Ordinance requirements, subject to the
following conditions:
1. City Council adoption of Ordinance # 1423, rezoning the subject property at 4157 Jackson Street NE
to R-4, Multiple Family Residential District.
2. The applicants will need to demonstrate interest in the properly at 4156 Central Avenue NE (i.e.
ownership) before the City Council will approve the Final Plat.
Successful negotiation of a development agreement(s) between the applicant and the Columbia
Heights Economic Development Authority.
The creation and vacation of pertinent perimeter drainage and utility easements shall be added to the
plat and shall be approved by the City and the Public Works Department.
The creation and vacation of alley rights-of-way as shown on the plat.
Directional changes in the public alley shall be clearly signed and marked, and a traffic impact barrier
shall be provided at the point where the alley turns away from Central Avenue to travel around the
proposed senior building. A guardrail shall also be provided next to the drainage pond (Outlot B) as a
safety measure.
Plat should be amended to reflect and spell out Block for legal description on plat.
The City Attorney, City Engineer, and County Surveyor shall review and approve the plat before
recording.
Attachments'
COUNCIL ACTION:
ORDINANCE NO. 1423
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977,
PERTAiNING TO THE REZONING OF CERTAIN PROPERTY
Section 1:
Section 2:
Section 3:
That certain property legally described as Lots 29 and 30, Block 39, Columbia
Heights Annex to Minneapolis
To authorize and direct staff to amend the official zoning map to reflect the
change in zoning from R-2, One and Two Family Residential District, to R-4,
Multiple Family Residential District, upon the effective date of said ordinance.
This ordinance shall be in full force and effect from and after 30 days after its
passage.
First Reading: November 13, 2000
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patricia Muscovitz, Deputy City Clerk
Case: 2000-1128
Page: 1
STAFF REPORT TO THE PLANNING AND ZONING COMMISSION
FOR THE NOVEMBER 8, 2000 PUBLIC HEARING
Case #: 2000-1128
GENERAL INFORMATION
Owner: NEI College of Technology Applicant:
Address: 825 41~ Avenue NE
Columbia Heights, MN 55421
Real Estate Equities
325 Cedar St., Suite 400
St. Paul, MN 55101
(651) 227-6925
Parcel Addresses: 825 41s' Avenue NE, 4156 Central Avenue NE, 4150 Central Avenue NE
Zoning:
825 41~I Avenue NE is zoned R~2, One and Two Family Residential
4156 Central Avenue NE is zoned CBD, Central Business District
4150 Central Avenue NE is zoned CBD, Central Business District
Comprehensive Plan: C - Commercial, MDR - Medium Density Residential
Surrounding Zoning
and Land Uses:
Zoning
North: R-2 and RB
Soath: CBD and R-3
East: CBD
West: R-2
Land Use
North: Residential and Commercial
South: Comm., Res., Institutional
East: Commercial
West: Residential
BACKGROUND
Explanation of Request: '~
This is a request for Preliminary and Final Plat approval of the overall site encompassing NEI, /
the proposed new senior living building, the rental townhomes, and the Ostrander parcel. The
Preliminary and Final Plat proposes to vacate some existing easements, and to establish some X~
new easements. There are also alley vacations proposed as well as new alley right-of-way
dedication with the Plat. There is an additional request for rezoning of the Ostrander parcel at /'
4157 Jackson Street NE from R-2 (single and two-family) to R-4 (multi-family), which was
recently purchased by Real Estate Equities but wasn't included as part of the original rezoning
\\ approval. The Ostrander piece covers lots 29 and 30, Block 39, Columbia Heights Annex to
Minneapolis.
Case History.'
Case: 2000-1128
Page: 2
During the spring of 1998, the Minnesota Design Team visited Columbia Heights for a weekend
and held two town meetings to facilitate community discussion and make recommendations for
improvements. One of their recommendations was the creation of a transition block on the
subject property which would consist of a variety of life cycle housing opportunities. In response
to this recommendation, the City applied for $771,000 of Livable Communities Demonstration
Account funds from the Metropolitan Council to help finance the project. At the time of the
application, the project consisted of 18 affordable rental units, 70 affordable independent living
senior units, and 26 ownersoccupied townhomes. In December, 1998, the City was informed that
we were awarded a grant in the amount of $575,000 for the project, $30,000 of which was
budgeted for the completion of a Master Redevelopmerit Plan for Downtown Columbia Heights.
Please note that the grant application was prepared in cooperation with Real Estate Equities
Development Company (the applicant) and Crest View Corporation which is partnering with
Real Estate Equities on the assisted living senior building.
825 41st Avenue NE contains NEI College of Technology which has occupied the property since
1982. The original building was constructed in 1926 and was added to in 1951. It was first used
as the High School for Independent School District 13 and was later turned into the Junior High
School. 4150 Central Avenue NE is currently a vacant lot owned by the Columbia Heights
Economic Development Authority (EDA). 4156 Central Avenue NE is currently occupied by
Citywide Locksmith. Please note that the applicant has unsuccessfully attempted to enter into a
purchase agreement with the properly owner of 4156 Central Avenue NE. As a result, the
applicant has requested that the EDA use the power of eminent domain to acquire the property.
However, as of this writing negotiations are in process to complete a voluntary sale.
ANALYSIS
Surroundin~ Property:
The surrounding property on the east is zoned CBD, Central Business District and is used
commercially. The property to the north is zoned both RB, Retail Business, and R-2, One and
Two Family Residential. The property zoned RB is currently vacant, but is the site of a planned
office building. Most of the property to the north is used residentially. The property to the south
is also a combination of commercial, residential, and institutional. The area to the west of the
subject property is zoned R-2 and is used residentially.
" Technical Review.'
Rezoning '
/ The City Comprehensive Plan designates 4157 Jackson Street for future medium density
development. Medium density residential development should consist of four, six, and eight-
family townhouse buildings. The Plan states that appropriate zoning for medium density
/ residential is R-3, Multiple Family Residential. Appropriate zoning for the high density
residential designation is R-4, Multiple Family Residential. Applicable permitted uses in the -
District include multiple family dwelling structures, nursing homes, and public and private
schools. Multiple family dwelling structures and nursing homes are not permitted in the R-2 or
Case: 2000-I 128
Page: 3
Q, CBD Districts, so the original rezoning was necessary to accommodate the proposed uses.~
As mentioned above, 825 41st Avenue NE is zoned R-2, One and Two Family Residential; 4156
Central Avenue NE is zoned CBD, Central Business District; and 4150 Central Avenue NE is
zoned CBD, Central Business District. The original request to rezone all three properties to R-4,
Multiple Family Residential was approved by the Planning Commission and passed onto the City
Council in spring of 200.0. The matter will be ta. ken up again at the next Counc. il meeting on
Because the owner-occupied townhouse units have been removed from the proposal, the concept
is less consistent with the intent of the Comprehensive Plan than when the grant application was
submitted. However, because the subject property is designated for both commercial and
medium density residential, and because the development is being processed as a Planned Unit
Development, rezoning the property to R-4 is more appropriate than the R-3 designation. It is
staff's opinion that the project is still generally consistent with the intent of the Comp Plan.
The draft 2000 Comprehensive Plan designates the NEI site for future transit-oriented
development, and it is also identified as a potential redevelopment area. The Plan states that areas
designated for transit-oriented development will include service-oriented commercial/retail
development with high-density residential development providing the balance of the
development. The proposal is consistent with this recommendation. Although the Ostrander
piece hasn't been proposed for development other than for parking lot purposes, it will be
reviewed as part of an overall site rezoning at the next City Council meeting·
Plat
The proposed plat submitted indicates that the site will be divided into the foilowing lots:
1. Lot l, Block 2 will be approximately 1.6 acres in size and will contain the 22 rental units.
2. Lot 1, Block 3 will be roughly .65 acres and will contain the assisted living building.
3. Lot 1, Block 1 will be roughly 5.4 acres and will contain NEI College of Technology, the
Ostrander parcel and related on site parking
A number of new easements are being proposed, and some existing easements will need to be
vacated.
1. Outlot A - drainage and utility easement for the relocated storm water pond. Please note
that the storm water pond is currently located where the assisted living building is
proposed. The size and location of the proposed pond is subject to final review and
approval by the Public Works Department.
2. The existing drainage and utility easement for the storm water pond and related piping
needs to be vacated.
3. A proposed drainage and utility easement is proposed around the rental units for a
proposed sanitary sewer line and water main to serve the four buildings.
4. There is a portion of a drainage and utility easement that encroaches into the proposed
Case: 2000-1128
Page: 4
Lot 1 that will need to be vacated.
Hedlund Engineering has submitted a list and description of all easements and fight-of-
ways to be created and vacated in the Final Plat approvals. ~-~
./ Having reviewed the proposed plat, staff has identified some issues that need to be addressed as
' part of the approval of preliminary and final plat.
Alleys - Currently, there is a north-south alley that is located west of the existing
commercial properties along Central Avenue which connects 41st and 42na Avenues. The
proposed senior building is located over the existing alley, so that portion of the fight-of-
way will need to be vacated. Please note that staff has safety concerns about the proposed
/ alley which will contain two 90 degree turns, so staff will recommend as part of any finaI
/ approvals that the directional changes be clearly signed and marked, and a traffic impact
barrier (guardrail) be provided at the point where the alley tums away from Central
Avenue to travel around the proposed senior building. Staff would recommend that a
guardrail be placed next to the drainage pond (Outlot B), as a safety measure.
The second alley that needs to be vacated is the north-south dead end alley abutting the
Ostrander parcel (Lots 29, 30; Block 39) on the east side, and perpendicular to 42nd
Avenue NE. This alley needs to be vacated in conjunction with the plat and the rezoning
as it currently serves no purpose. The vacation of this alley would allow for future NEI
off-street parking according to the site plan.
MnDOT Metro Division has reviewed the Final Plat proposed and has submitted comments in
letter dated October 30, 2000 (see attached). In their review MnDOT found the Plat acceptable
and did not offer any suggestions for change. I have also spoken with Paul Bertleson from the
Anoka County Surveyor's office regarding the Final Plat, and he expressed no concerns. Anoka
County surveyors and engineers wiI1 review the Final Plat before it is filed to ensure that it meets
their requirements.
Miscellaneous
The Police Department has expressed no concerns with the Plat or rezoning proposed. Please
refer to the attached Memo dated March 27, 2000, from the Police Chief for more detailed
information regarding these concerns. The Fire Department has expressed no concems with the
Final Plat or the proposed rezoning. The Fire Department initially had concerns regarding the
lack of fire lanes along 41 st Avenue, but this issue appears to be addressed in the newest site
plans. However, these are not plat issues.
ive aspects of this proposal are as follows:
· The rezoning of 4157 Jackson will allow for the entire NEI parcel to maintain c0nsiste
zoning, and allow for future transit oriented development to occur.
The negative aspects of this proposal are as follows:
The rezoning of the Ostrander parcel will not create any new tangible benefit or
development as it is being proposed to be used for overflow parking for NEI.
Case: 2000-I 128
Page: 5
CONCLUSION
Staff Recommendations:
Staff recommends approval of Ordinance I'~ (attached) which is an Ordinance rezoning the
subject property to R-4, Multiple Family Residential, as the proposal is generally consistent wit
MovetorecommendCityCouncilac~optionofOrdin~nce? w. hi~h is an Ordinance rezoning
t i
City Comprehensive Plan. J
Move to recommend City Council approval of the Preliminary and Final Plat for the NEI site and
all that property identified on the plat as submitted at 825 41st Avenue NE, 4150 Central Avenue
NE, and 4156 Central Avenue NE, and including 4157 Jackson Street NE, subject to the
following conditions.
1. City Council adoption of Ordinance ~jt~,r~ezoning the subject property to R-4, Multiple
Family Residential District.
2. The applicants will need to demonstrate interest in the property (i.e. ownership) before
the City Council will approve the Final Plat.
3. Successful negotiation of a development agreement(s) between the applicant and the
Columbia Heights Economic Development Authority.
4. The creation and vacation of pertinent drainage and utilit2fe~'sements shall be added to
plat and shall be approved by the City and the Public Works Department.
5. The creation and vacation of alley rights-of-way as shown on the plat.
6. Directional changes in the public alley shall be clearly signed and marked, and a traffic
impact barrier shall be provided at the point where the alley turns away from Central
Avenue to travel around the proposed senior building. A guardrail shall also be provided
next to the drainage pond (Outlot B) as a safety measure.
7. The traffic circulation system and all rights-of-way shall be clearly signed and marked on
the plat.
8. Utility companies shall be notified prior to any utility easement vacations that currently
house utilities.
9. Plat should be amended to reflect and spell out Block for legal description on plat.
10. The Ci.ty Attorney and City Engineer shall review and approve the plat before recording.
Attachments: Ordinance #/q~q;3C "-
Completed application form; ity Department Comments; Public Works
Dept. comments; and, Public Notices
Also please find the following plans attached: Preliminary and Final Plat; Preliminary
Grading Plan; Preliminary Utility Plan; Site Plan; MnDOT Letter
Minnesota Department of Transportation
Metropolitan Division
Waters Edge
1500 West County Road B2
Roseville, MN 55113
October 30, 2000
Mr. Tim Johnson, City Planner
City of Columbia Heights
590 40th Avenue Northeast
Columbia Heights, Minnesota 55421
Subject:
Northwestern 2nd Addition -- MnfDOT - Metro Division Plat Review #P00-102
West of Trunk Highway 65 between 41 ,t and 42"d Avenues Northeast
Columbia Heights, Anoka County
Control Section 0207
Dear Mr. Johnson:
The Minnesota Department of Transportation (Mn/DQT) has reviewed the above referenced plat in
compliance with Minnesota Statute 505.03, subdivision 2, Plats and finds the plat acceptable with the
foliowing comment:
· Mn/DOT's policy is to assist local governments in promoting compatibility between land use and
highways. Residential uses located adjacent to highways often results in complaints about traffic
noise. Traffic noise from this highway could exceed noise standards established by the Minnesota
Pollution Control Agency, the U.S. Department of Housing and Urban Development and the U.S.
Department of Transportation. Mn/DOT policy regarding development adjacent to existing
highways prohibits the expenditure of highway funds for noise mitigation measures. The project
developer should assess the noise situation and take the action deemed necessary to minimize the
impacts of any highway noise. Please direct questions concerning Mn/DOT's noise policy to Jim
Hansen (651-582-1392) of our Transportation Harming section.
The City should be commended for submitting a complete submittal packet for Mr(DOT review.
Please address all future correspondence for development activity such as plats, site plans,
environmental reviews, and comprehensive plan amendments to:
Sherry Narusiewicz
Mn/DOT - Metro Division
Waters Edge
I500 West County Road B-2
Roseville, Minnesota 551 I3
Please note that Mn/DOT document submittal guidelines require three (3) complete copies of plats and
two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a
plat and/or two (2) copies of other review documents will make a submittal incomplete and delay
MrdDOT's review and response to development proposals. We appreciate your anticipated
cooperation in providing the necessary number of copies, as this will prevent us from having to delay
and/or return incomplete submittals.
An equal opportunity employer
Feel flee to contact me at (65 I) 582-1771 if should have any questions.
Paul Czech
Senior Transportation Planner/Local Government Liaison
Copy: Jane Pemble, Anoka County
Larry Hoium, Anoka County
Roger Larson, Midwest Land Surveyors and Civil Engineers, Incorporated
Mn/DOT Division File - C.S. 0207
MnfDOT LGL - Columbia Heights
CITY OF COLUMBIA HEIGHTS
590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806
PLANNING AND ZONING COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council
Chambers of City Hall, 590 N.E. 40th Avenue. at 7:00 p.m. on Wednesday, November 8, 2000. The order of business is
as follows:
A request to rezone property located at 4157 Jackson Street N.E. from R-2, Two-Family Residential,
to R-4, Multiple Family Residential. and a request for preliminary and final plat of the site generally
located at 825 N.E. 41" Avenue to a,ow for the construction of a 50 unit assisted living building and
22 rental townhome units.
All persons having an interest in the program will be given the opportunity to be heard. If you have any questions, you
may contact Tim Johnson, City Planner. at 763-706-3678.
Ptanning and Zoning Commission
CITY OF COLUMBIA HEIGHTS
Walt Fehst
City Manager
kp
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment
or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals
with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for
handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the
City Council Secretary at 706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only.)
COLUMBIA HEIGHTS FIRE DEPARTMENT
FROM:
SUBJECT:
DATE:
TIM JOHNSON
GARY GORMAN
NEI PRELIMINARY PLANS
NOVEMBER 3, 2000
The Fire Department has reviewed the plans for the NEI development. At this time it
appears all previous issues have been addressed. The Fire department approves the
plans as presented.
COLUMBIA HEIGHTS FIRE DEPARTMENT
TO:
FROM:
SUBJECT:
DATE:
KEN ANDERSON
GARY GORMAN
NEI DEVELOPMENT
MAY 3, 2000
This morning we had a meeting to discuss the newest version of the NEI block
redevelopment, Following is our list of questions and concerns that were discussed.
1. We would like to see a proposal for future hydrant locations. With the higher density
town homes and limited access to these buildings from the main streets/avenues,
additional hydrants will be needed.
2. The garages at the North end of the town homes has been moved north to allow for
access to both buildings C and D. This is acceptable to us.
3. The North/South driveway that is proposed in the courtyard between buildings C and
D is not needed. The driveway/parking lot at the north end will give us our access.
4. Distances from parking areas to the farthest points of building D is within the 150
foot distance of the Fire Code. We would like better access to the rear of this building
but lot size and topography may not allow it.
5. Developments such as these always give Fire Departments concerns due to higher
density of units, limited access for fire suppression, and the larger numbers of residents
due to the many 3 and 4 bedroom units. One suggestion to alleviate some of this
concern and to give residents a longer window of opportunity to evacuate these
building safely, is to install residential sprinklers in all four buildings.
6. The new parking plan along 41s~ avenue does not provide us with any fire lane. We
require designated fire lane space along 41st. Avenue. Also, it appeared there may be
designated parking spaces along the south side of 41st Avenue. Though we cannot
regulate parking in front of residential homes, I hope that these residents are aware of
the restrictions it will put on the services we provide. This also holds true for the
People's Church.
Please contact us with any questions or concerns regarding these items.
COLU2 IBIA HEIGHTS POLICE DEPART IENT
TO:
FROM:
SUBJECT:
DATE:
.roe Ho[iman, City Planner
Thomas M. Johnson, Chief of Police~yll~
Case #2000-20407 and 2000-0408, Rezoning of NHEI Property
March 27, 2000
The Police Department has no issues with case #2000-0407.
Reference case #2000-0408, the Police Department is supportive of the 50 unit assisted living senior building
designated for the southwest corner of this property. We would suggest the addition-if it is not already in
the plan-of underground secure parking tbr both residents and employees. As you know from past
experience, vehicle theft, vehicle break in, and vehicle damage can be a maj or problem in areas such as these.
We are also concerned with the outsid~ parking setup in the area being next to the rental town homes and
our past experience with thefts and damage to autos in the NEI parking lot. We would recommend some
high intensity lighting in this area to deter theft and vandalism. We do not feel that the location of the rental
units will ~ve the seniors a sense of security within their homes.
We have some major concerns with the "affordable rental town home" concept. Our concerns are that our
city now has several areas of high density rental that take a ~eat deal of city resources. We feel the
proximity of the rental units to the senior units and the business area predestines this area to be a high crime
area. We would suggest minimally that at least every. other town home be owner occupied. Ownership
bnngs with it accountability and responsibility. We would suggest a possible program such as "sweat
equity." or Habitat for Humanity for ass isting with getting home o~vners into these properties-notj ust renters.
The Police Department also has a problem with the diagonal parking proposed for in front of NEI. With the
traffic volumes in this area and the naturaI Increase that will take place if the project goes for-,vard, we
ti~resee many more accidents in this area caused by people backing out and into oncoming traffic. At this
time this area requires a relativeIy low amount of police and city resources. Every driving school we are
aware of suggests pulling out into traffic rather than backing into traffic. This will also have a dramatic
effect during our winter months when no parking is allowed on the streets from November to April. We feel
it would be in the best interest of the people using these facilities to have limited on street parking and
directing them to parking lots and ramps in the area.
The Police Departraent understands the need t~r the housing listed. We requested your utmost attention to
the issues we may be creating if the plan goes as proposed.
'I~[J:mld
00-93
ORDEWA~NCE NO. 1411
BEING AN ORDINANCE AiMENDING ORDINANCE NO. 853, CITY CODE OF 1977,
PERTAINING TO THE REZON]NG OF CERTAIN PROPERTY
Section 1: That certain property legally described as Lot 1, Block 2, Northwestern Addition.
Section 2:
To authorize and direct staff to amend the official zoning map to reflect the
change in zoning fom R-2, One and Two Family Residential District, to R-4,
Multiple Family Residential District, upon the effective date of said ordinance.
Section 3:
That certain property legally described as Lot 2 and the south l 1 feet of Lot 1,
Block 38, Columbia Heights Annex to Minneapolis.
Section 4:
To authorize and direct staff to amend the official zoning map to reflect the
change in zoning from CBD, Central Business District, to R-4, Multiple Family
Residential District, upon the effective date of said ordinance.
Section 5:
That certain property legally described as Lot 2, except the south 11 feet, Block
38, Columbia Heights Annex to Minneapolis.
Section 6:
To authorize and direct staff to amend the official zoning map to reflect the
change in zoning from CBD, Central Business District, to R-4, Multiple Family
Residential District, upon the effective date of said ordinance.
Section 7:
This ordinance shall be in full force and ef±bct from and after 30 days after its
passage.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Patricia Muscovitz, Deputy City Clerk
Mayor Gary L. Peterson
EXHIBIT A
Alleys To Be Vacated
All of the alley adjacent to Lots 1 and 2, Block 38, COLUMBIA HEIGHTS
ANNEX TO MINNEAPOLIS, ANOKA COUNTY, MINNESOTA, lying between the
westerly extensions of the north line of said Lot 1 and the south line of said Lot
2;
All of the alley adjacent to Lots 29 and 30, Block 39, COLUMBIA HEIGHTS
ANNEX TQ MINNEAPOLIS, ANOKA COUNTY, MINNESOTA, lying between the
easterly extensions of the north line of said Lot 30 and the south line of said
Lot 29.
Easements To Be Vacated
All of the drainage and utility easements on Lot 1, Block 2, NORTHWESTERN
ADDITION as dedicated in said plat.
h\Realest\Colmhgts\Altey & Ease Vac Description. Doc
Last Printed NOVEMBER 3, 2000
Nov 07 O0 03:35p PUBLIC WORKS (GlUt 782-2875
CITY OF COLUMBIA HEIGHTS
November 7, 2000
Dear Owner/Occupant
As you may know, a portion of the NEI parking lot is proposed for redevelopment into muIti-family housing and
an assisted-living care facility. NEI is giving up approximately 1/3 of their east parking lot for the redevelopment
project. As part of the a~'eement, NEI is requesting 44 on-street patking spaces be designated as "Permit Parking
Only, 7:00 A.M. - 3:00 P.M., Monday - Friday, Except Holidays". The school is requesting 33 parallel parking
spaces on 41'~ Avenue between Quincy Street and Central Avenue (18 on the riorib side and 15 on the south side)
and 1 ] parallel parking spaces on the east side of Jackson Slreet, south of42'~ Avenue be permitted parking for
NEI. A plan showing the location of the parking spaces is shown below.
;7 %j,'- ' '
~ ' '---, ,.z~',~t~,I [2:I I ......m ~, ~-'J t2 ,,
The City Council will be discussing the proposed re. developmeni ~ncluding the furst reading for a proposed
parking ordinance at their regular meeting on Monday, Novembier 13, 2000. The City Council meets in the
Council Chamber at 7:00 p.m. and welcomes your comments. -
If you have any questions concerning the proposed parking please call me at 763-706-3704. For questions
concerning the redevelopment of the NEI property, please call Ken Anderson, Community Development Director
at 763-706-3672.
siucereb,
Kathyjean Young, P.E.~
TDD [763) 706-3692
o E
E 9
x
~o~,
CITY OF COLUMBIA HEIGHTS
AGENDA SECTION:
NO:
ITEM: First Reading Ordinance No. 1426,
Being an Ordinance Designating Permit
Parking Only.
Meeting of: November 13, 2000
ORIGINATING DEPARTMENT:
Community Development
DATE: November 8, 2000
CITY MANAGER
APPROVAL
~ ~ ~ ~/~
ISSUE STATEMENT: This is a request to conduct the First Reading of Ordinance No. 1426, Being an Ordinance Designating
Permit Parking Only from 7:00 a.m. to 3:00 p.m., Monday through Friday, except Holidays on the north side of 41~t Avenue
from Quincy Street to the alley west of Central Avenue and on the south side of 41~' Avenue from Jackson Street to the alley
west of Central Avenue and on the east side of Jackson Street south of 42"d Avenue N.E.
BACKGROUND/ANALYSIS: The City ofColumbia Heights has been working with a developer, RealEstate Equities
Development Company, Inc. of St. Paul, Mimaesota on our proposed redevelopment project within the "Transition Block"
between 41't Avenue N.E. and 42"d Avenue N.E. and immediately west of Central Avenue to Jackson Street N.E. The
Transition Block involves the development of 22 affordable rental townhouses and a 50 unit assisted senior living facility. The
project requires certain rezoning, preliminary and final plat, tax increment financing plan, and preliminary and final planned unit
development approvals. In order for the developer to meet the conditions within the purchase agreement with N.E.I. College of
Technology, it is necessary that permit parking be designated for a total of 44 spaces on 41~t Avenue and Jackson Street
immediately adjacent to N.E.I. This on-street permit parking combined with the on-site parking improvements will allow
N.E.I. to maintain a combined minimum of 500 spaces for use by staff and students. Accordingly, the PUD Agreement specifies
that a parking ordinance will be established which designates permit parking only between the hours of 7:00 a.m. and 3:00 p.m.,
Monday through Friday, except holidays along the referenced street right-of-ways. As this permit parking requires approval by
ordinance, the Traffic Commission considered this request submitted by the developer at their meeting of November 6, 2000.
The Traffic Commission's recommendation to deny this request is being submitted for final action by the City Council. You
will find attached a draft of Ordinance 1426 as well as a notice dated November 7, 2000 that was mailed to the owners and
occupants of all properties within 300 feet of the area to be designated for permit parking only.
RECOMMENDATION: The Traffic Commission recommends denial of the request to designate permit parking only from
7:00 a.m. to 3:00 p.m., Monday through Friday, except holidays. on 41't Avenue and Jackson Street adjacent to i'~.E.I.
MOTION: M~vet~denytherequestt~designate"permitparking~n~ybetween7:~~a.m.and3:~~p~m.~M~ndaythr~ugh
Friday, except Holidays" on the north side of 41st Avenue from Quincy Street to the alley west of Central Avenue and on the
south side of 41~t Avenue from Jackson Street to the alley west of Central Avenue and on the east side of Jackson Street, south
of 42Ila Avenue N.E.
ALTERNATE MOTION: Move to waive tbe Reading of Ordinance No. 1426, there being ample copies available to the
public.
ALTERNATE MOTION: Move to establish Monday, November 27, 2000 at approximately 7:00 p.m. as the Second Reading
of Ordinance No. 1426, Being an Ordinance designating permit parking from 7:00 a.m. to 3:00 p.m., Monday through Friday,
except holidays, on the north side of 4 Pt Avenue from Quincy Street to the alley west of Central Avenue and on the south side
of 41 ~t Avenue from Jackson Street to the alley west of Central Avenue and on the east side of Jackson Street south of 42nd
Avenue N.E.
Attachments:
COUNCIL ACTION:
H:\consent\Ordinance 1426-1st Reading
ORDINANCE 1426
BEING AN ORDINANCE DESIGNATING PERMIT PARKING ONLY FROM 7:00 A.M.
TO 3:00 P.M., MONDAY THROUGH FRIDAY, EXCEPT HOLIDAYS ON 41sT AVENUE
N.E. AND JACKSON STREET N.E. ADJACENT TO 825 41sT AVENUE N.E. (N.E.I.
COLLEGE OF TECHNOLOGY).
The City of Columbia Heights does ordain:
Section 1: Parking shall be designated by permit parking only, 7:00 A.M. to 3:00 P.M., Monday
through Friday, except holidays, on the north side of 41 ,t Avenue N.E. from Quincy Street N.E.
to the alley west of Central Avenue N.E. consisting of eighteen (18) parallel parking spaces, on
the south side of 41 ~t Avenue N.E. from Jackson Street N.E. to the alley west of Central Avenue
N.E. consisting of fifteen (15) parallel parking spaces, and on the east side of Jackson Street N.E.
south of 42"d Avenue N.E. consisting of eleven (11) parking spaces.
Section 2: The provisions of the Columbia Heights City Code, Section 7.205 (1) which reads
"No person shall park a vehicle in his custody or control in any one place upon any street or
roadway for a continuous period longer than six (6) hours..." shall not be applicable during the
hours of 7:00 A.M. to 3:00 P.M., Monday through Friday, except holidays, on the noah and
south sides of 41st Avenue N.E. between Quincy Street N.E. and the alley west of Central
Avenue N.E. and the east side of Jackson Street N.E. south of42"d Avenue N.E.
Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its
passage.
Offered by:
Seconded by:
Roll Call:
Mayor GaryL. Peterson
Patti Muscovitz, Deputy City Clerk
First Reading:
Second Reading:
Date of Passage:
H :\T imXOrdinance 1426
November 13. 2000
Nov 07 OO 02:24p PUBLIC WORKS 18121 782-2875 p.3
SECTION
PROHIBITED NON-MOVINC VIOLATIONS
7.205 (1)
7.205 (2)
7.205 (3)
7.205 (4)
7.205
No person shall park a vehicle in his custody or control in any one
place upon any street or roadway for a continuous peris~ longer
than six (6) hours or:
(a)
In · metered parking zone as indicated by the location
of installed meters, between the hours of 9:00 ·.m. and
6:00 p.m. Of any day except Sundays and legal holidays,
at any Eime when said meter indicates that the time has
expired since the last deposit of coins therein, or
(h)
In a metered perkins sons durinZ the afore~entioned
times in such · position th·t said vehicle is not en-
tirely within the space designated for a particular
meter, unless the leqth of said vehicle exceeds the
lenSth of the space provided.
No person ·hall park · vehicle is his custody or control in such
a manner as to protrude into or obstruct · lane designed for nov-
ins traffic or n fire lane, or park · vektcle nn · residential
street where perkins is prohibited, or park · vehicle in any alloy.
No person with title or custody of a motor vehicle shall abandon
such vehicle as de!ined heroin, anywhere within the City.
For purposes of this Chapter, an "abandoned motor vehicle" shall
consist of:
(a)
A motor vehicle which has remained in any one place on
public property for a continuous period of 48 hours and
lacks vital component parts that are essential to the
mechanical functioning of the vehicle, or is otherwise
in inoperable condition, or
(h)
A motor vehicle which has remained on private property
for a continuous period of 48 hours without the consent
of the person in control of such property.
Provided, however, that a classic car or pioneer car as defined
in Fdnnesota Statutes Chapter 168.10, shall not be considered
as an abandoned motor vehicle within the me~auin~ of subdivision
(a).
No person shall operate, park, stop or stand a vehicle in his
custody or control in such · manner as to violate the parkLog res-
trictions prescribed by 7.202 (7), or any other restrictions of a
temporary or emergency order, pursuant to 7.202 (8), whether Such
order is posted or not.
No person shall wash, grease, or repair any vehicle on any park,
boulevard, or parkway, except to perform necessary emergency
repairs.
- 249-
CITY OF COLUMBIA ~D~'~.0~,~7~9, i~!>'-
Dear O~er/Occupant
As you may know, a portion of the NEI parking lot is proposed for redevelopment into multi-family housing and
an assisted-living care facility. NEI is giving up approximately 1/3 of their east parking lot for the redevelopmerit
project. As part of the agreement, NEI is requesung 44 on-street parking spaces bc designated as "Permit Parking
Only, 7:00 A.M. - 3:00 P.M., Monday -Friday, Except ttolidays". The school Is requesting 33 parallel parking
spaces on 41" Avenue between Quincy Street and Central Avenue ( 18 on the north side and 15 on the south side)
and 11 parallel parking spaces on the east side of Jackson Street, south of 42~ Avenue be permitted parking for
NEI. A plan showing the location of the parking spaces is shown below.
':::' "~'~ '~"'""' "'~'~' ~' "
' r. X::,--i iF
i' i,
, ~ ~ ..... ~ ~ ~ , ,--- _
,~:7''~ x~: ~_~ ...... ~'~;_, ! ,, ' ,'
The City Council will be discussing the proposed re. clevelopme~i, including the first reading for a proposed
parking ordinance at their regular meeting on Monday, Novembi:r 13, 2000. The City Council meets in the
Council Chamber at 7:00 p.m. and welcomes your comments. -
If you have any questions concerning the proposed parking please call me at 763-706-3704. For queslions
concerning the redevelopmerit ofthe NEI property, please call Ken Anderson, Community Development Director
at 763-706-3672.
o E
E t
~ E
x
CITY COUNCIL LETTER
AGENDA SECTION: Public Hearings
NO:
ITEM: First Reading, Ordinance # 1424
NO: Tower Siting Ordinance
Meeting of: November 13, 2000
ORIGINATiNG DEPT.:
Community Development
BY: Tim Johnson
DATE: November 8, 2000
CITY MANAGER
Issue Statement: ~his is a request for the City Council to consider adopting a Telecommunication Tower Siting
Ordinance that the City currently needs in order to address Telecommunication and Antennae requests.
Backl~ronnd: The project has a rather extensive background, in which the Planning and Zoning Commission
and the Telecommunications Commission have reviewed the proposed ordinance and had a chance to comment
and recommend changes to the ordinance.
Analysis: The City ~f C~~umbia Heights has been inv~~ved in an extensive pr~cess t~ update the City Z~ning
Ordinance. Telecommunication consultant Steve Guzetta has prepared this Tower Siting Ordinance for the City
which has been proposed to be adopted independently, and eventually incorporated into the new Zoning
Ordinance. The Planning and Zoning Commission reviewed the draft Telecommunications Ordinance on October
3, 2000 with staff, and the consulting attorney, Steve Guzetta, and has determined the ordinance to be consistent
with new federal telecommunications standards. There is currently a moratorium in place on telecommunications
and antennaes until December 7. 2000 At the November Planning Commission meeting, staff and Planning and
Zoning Commission members expressed some concern with the Annual registration Requirements in Section 15
of the Ordinance 1424, pages 24-25. The concern was expressed that staff may have a difficult time in trying to
establish a monitoring system to keep track of all Wireless Telecommunications Facilities and Wireless
Communications Towers on an annual basis. Staff and City Council should review this section before adopting.
Recommendation: The Planning and Zoning Commission recommends to approve Ordinance # 1424 as it is
consistent with federal telecommunications standards.
Recommended Motions:
Move to waive the reading of Ordinance 1424, there being ample copies available to the public.
Move to establish Monday, November 27, 2000, at approximately 7:00 p.m. as the second reading of
Ordinance 1424, Columbia Heights Tower Siting Ordinance.
Attachments'
COUNCIL ACT1ON:
ORDINANCE NO. 1424
COLUMBIA HEIGHTS
TOWER SITING ORDINANCE
Table of Contents
1. Purpose ................................................................................................................................2
2. Definitions ............................................................................................................................3
3. Applicability ........................................................................................................................6
4. Exempt from City Review ...................................................................................................7
5. Permitted Locations .............................................................................................................7
6. Existing Towers ...................................................................................................................8
7. Co-Location Use, Modification and Relocation of Existing Towers ..................................9
8. Application to Locate Wireless Communications Facility on Existing Tower ................. 10
9. Wireless CommunicationsFacilities on Antenna Support Structures ................................11
10. Application to Locate Wireless Communications Facility on Antenna
Support Stmcture .............................................................................................................12
11. Utility Pole-Mounted Wireless Communication Facilities ................................................14
12. Application for Utility Pole-Mounted Wireless Communications Facility .......................15
13. Construction of New Towers .............................................................................................16
a. Conditions of Approval for Wireless Communications Towers ..................................16
b. Requirements for Separation Between Towers ............................................................16
c. Standards for Co-Location ...........................................................................................17
d. Tower Design and Type ...............................................................................................18
e. Landscaping Minimum Requirements .........................................................................19
f. Visual Impact Standards ..............................................................................................19
14. Application Process for New Towers ................................................................................21
15. Annual Registration Requirement ......................................................................................24
a. Wireless Communications Facilities ............................................................................24
b. Wireless Communications Towers ..............................................................................24
16. General Requirements ........................................................................................................25
a. Duration of permits ......................................................................................................25
b. Assignment and Subleasing .........................................................................................25
c. Aesthetics .....................................................................................................................25
d. Federal and State Requirements ...................................................................................26
e. Licenses or Franchise ...................................................................................................26
f. Discontinued Use .........................................................................................................26
g. Abandoned Tower or Antenna .....................................................................................26
h. FCC Emissions Standards ............................................................................................27
i. Maintenance .................................................................................................................28
j. Emergency ...................................................................................................................28
k. Equipment Cabinets .....................................................................................................29
1. Equipment on Site ........................................................................................................29
m. Inspections ...................................................................................................................29
n. Security ........................................................................................................................29
o. Advances in Technology ..............................................................................................30
17. Review of Applications ......................................................................................................30
18. Appeals ..............................................................................................................................30
19. Revocation .........................................................................................................................30
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLUMBIA
HEIGHTS, MINNESOTA, REGULATING THE ZONING OF WIRELESS
COMMUNICATIONS TOWERS AND WIRELESS COMMUNICATIONS
FACILITIES; PROVIDING INTENT AND DEFINITIONS; PROVIDING
MINIMUM STANDARDS FOR LOCATION, VISUAL IMPACT AND
APPROVAL OF WIRELESS COMMUNICATIONS TOWERS; PROVIDING
MINIMUM STANDARDS FOR THE LOCATION, VISUAL IMPACT AND
APPROVAL OF WIRELESS COMMUNICATIONS ANTENNAS AND
FACILITIES; PROVIDING FOR SHARED USE OF WIRELESS
COMMUNICATIONS TOWERS; PROVIDING FOR INSPECTIONS;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City of Columbia Heights, Minnesota (the "City") has received
numerous inquiries from wireless communications service providers for the location and
construction of wireless communications towers in the City; and
WIIEREAS, 47 U.S.C. § 332(c)(7) of the Communications Act of 1934, as amended by
the Telecommunications Act of 1996, expressly preserves the zoning authority of local
governments relating to wireless communications towers and related facilities; and
WHEREAS, the City has a limited number of potential sites that would be acceptable for
the installation of wireless communications towers and facilities; and
WHEREAS, the citizens of the City have expressed great concem about the location of
wireless communications towers and related facilities within the City, related to preserving the
residential character of the community, promoting the integrity of the City's residential
neighborhoods and addressing safety issues; and
WHEREAS, the limited number of potential wireless communications tower and
wireless communications antenna sites requires the City to address the needs of competing
wireless service providers; and
WHEREAS, City staff and the Planning and Zoning Commission have studied and
recommended appropriate siting policies to permit the placement of wireless communications
towers and related facilities in locations that will balance the interests of public safety, aesthetics,
property values and the provision of wireless communications services by the use of such
facilities; and
WHEREAS, the City Council has determined that the current zoning provisions within
the City Code are inadequate as they relate to compatibility of wireless communications tower
siting with surronnding properties, proliferation of towers and encouraging co-location of
antennas; and
WHEREAS, City staff has drafted amendments to the City Code determined to be
necessary to protect the aesthetic, health, safety and welfare concerns found to exist.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS, MINNESOTA, AS FOLLOWS:
Section 1. Section 9.116(16)(a)(ix) of the City Code is hereby repealed.
Section 2. Chapter 9 of the City Code is hereby amended to include a new Section 9.615, to
read as follows:
"9.615 Wireless Communications Towers and Antennas.
1)
Purpose. The purpose of this Section is to provide a uniform and comprehensive set of
standards for the development and installation of wireless communications towers,
antennas and related facilities. The regulations and requirements contained herein are
intended to: (i) regulate the placement, construction and modification of wireless
communications towers and related wireless communications facilities in order to protect
the health, safety, and welfare of the public and the aesthetic quality of the City; and (ii)
encourage managed development of wireless communications infrastructure, while at the
same time not unreasonably interfering with the development of the competitive wireless
communications marketplace in the City of Columbia Heights.
It is intended that the City shall apply these regulations to accomplish the following:
Minimize the total number of towers throughout the community through siting
standards;
h)
Encourage the location of towers in non-residential areas and with compatible
uses;
c)
Provide for the appropriate location and development of wireless communications
towers, antennas and related facilities within the City, to the extent possible, to
minimize potential adverse impacts on the community;
d)
Minimize adverse visual impacts of wireless communications towers and related
facilities through careful design, siting, landscape screening, and irmovative
camouflaging techniques utilizing current and future technologies;
Promote and encourage shared use/co-location of towers and antenna support
structures;
Maintain and preserve the existing residential character of the City of Columbia
Heights and its neighborhoods and to promote the creation of a convenient,
attractive and harmonious community;
2
2)
g)
Promote the public safety and avoid the risk of damage to adjacent properties by
ensuring that wireless communications towers and related wireless
communications facilities are properly designed, constructed, modified,
maintained and removed;
Ensure that wireless communications towers and related wireless communications
facilities are compatible with surrounding land uses;
i)
Encourage the use of alternative support structures, co-location of new antennas
on existing wireless communications towers, camouflaged towers, and
construction of towers with the ability to locate three or more providers;
j)
Maintain and ensure that a non-discriminatory, competitive and broad range of
wireless communications services and high quality wireless communications
infrastructure consistent with federal law are provided to serve the community;
and
k)
Ensure that wireless communications facilities comply with radio frequency
emissions standards as promulgated by the Federal Communications Commission.
This Section is not intended to regulate satellite dishes, satellite earth station antennas,
residential television antennas in private use, multichannel multipoint distribution service
antennas, or amateur radio antennas.
Definitions. For the purposes of this Section the following terms and phrases shall have
the meaning ascribed to them herein:
Accessory Structure means a structure or portion of a structure subordinate to
and serving the principal structure on the same lot.
Accessory Use shall have the meaning set forth in the Land Use and
Development Ordinance.
Antenna means a device fabricated of fiberglass, metal or other material designed
for use in transmitting and/or receiving communications signals and usually
attached to a wireless com_rnunications tower or antenna support structure.
Antenna Support Structure means any building or structure, excluding towers,
used or useable for one or more wireless communications facilities.
Buffer or Buffering means a natural or landscaped area or screening device
intended to separate and/or partially obstruct the view of adjacent land uses or
properties from one another so as to lessen the impact and adverse relationship
between dissimilar, unrelated or incompatible land uses.
· City means the City of Columbia Heights, Minnesota, and any and all
departments, agencies and divisions thereof.
City Code means the Columbia Heights City Code, as amended from time to
time.
City Council or Council means the Columbia Heights City Council or its
designee.
City Manager means the City Manager of the City of Columbia Heights,
Minnesota or the City Manager's designee.
Co-location means the use of a single wireless communications tower, antenna
support structure and/or site by more than one provider.
Conditional Use means those uses that are generally compatible with other uses
permitted in a zoning district, but that require indiVidual reView of their location,
design, configuration, intensity and structures, and may require the imposition of
conditions pertinent thereto in order to ensure the appropriateness of the use at a
particular location. This definition shall only apply to this specific Section and
shall not apply to other Sections or provisions of the Land Use and Development
Ordinance.
Conditional Use Permit means a permit specially and individually granted by the
Council after a public hearing thereon by the Planning Commission for any
conditional use so permitted in any. zoning district. In approving a conditional use
permit, the Council may impose reasonable conditions to accomplish the
objectives of this Section with respect to use, screening, lighting, hours of
operation, noise control, maintenance, operation or other requirements.
Equipment Cabinet or Shelter means a structure located near a wireless
communications facility that contains electronics, back-up power generators
and/or other on-site supporting equipment necessary for the operation of the
facility.
Existing Tower means any tower designated as an existing tower by subsection 6
of this Section for which a permit has been properly issued prior to the effective
date of this Ordinance, including permitted towers that have not yet been
constructed so long as such approval is eta-rent and not expired. ARer the
effective date of this Ordinance, any tower approved and constructed pursuant to
the provisions of this Section shall thereafter be treated as an existing tower for
purposes of regulation pursuant to this Ordinance and the Land Use and
Development Ordinance.
Guyed Tower means a wireless communications tower that is supported, in
whole or in part, by guy wires and ground anchors or other means of support
besides the superstructure of the tower itself.
Land Use and Development Ordinance means Chapter 9 of the Columbia
Heights Code, as it may be amended from lime to time.
Microwave Dish Antenna means a dish-like antenna used to transmit and/or
receive wireless communications signals between terminal locations.
Monopole Tower means a wireless communications tower consisting of a single
pole or spire supported by a permanent foundation, constructed without guy wires
and ground anchors.
Non-Conformity shall have the meaning given in Minn. Star. § 394.22, Subd. 8,
or successor statutes, and shall be governed by the provisions of the Land Use and
Development Ordinance (Non-Conformities).
Ordinance means this Ordinance No.
Panel Antenna means an array of antennas designed to direct, transmit or receive
radio signals from a particular direction.
Pico Cell means a low-power ceil whose coverage area extends 300 to 500 yards.
Planning Commission means the Columbia Heights Planning and Zoning
Commission.
Provider (when used with reference to a system) means a person or entity that
provides wireless communications service over a wireless communications
facility, whether or not the provider owns the facility. A person that leases a
portion of a wireless communications facility shall be treated as a provider for
purposes of this Section.
Satellite Dish means an antenna device incorporating a reflective surface that is
solid, open mesh, or bar configured that is shallow dish, cone, horn, or
cornucopia-shaped and is used to transmit and/or receive electromagnetic signals.
This definition is meant to include, but is not limited to, what are commonly
referred to as satellite earth stations, TVROs and satellite microwave antennas.
Self-support/Lattice Tower means a tower structure requiring no guy wires for
support.
Stealth or Camouflaged Tower, Equipment Cabinet or Facility means any
wireless communications tower, equipment cabinet or facility designed to hide,
obscure or conceal the presence of the tower, antenna, equipment cabinet or other
5
3)
related facility. The stealth technology used must incorporate the ~ireless
communications tower, equipment cabinet and facility into and be compatible
with the existing or proposed uses of the site. Examples of stealth facilities
include, but are not limited to: architecturally screened roof-mounted antennas,
antennas integrated into architectural elements, and wireless communications
towers designed to look like light poles, power poles, lxees, flag poles, clocks,
steeples or bell towers.
Utility Pole-Mounted Facility means a wireless communications facility
attached, without regard to mounting, to or upon an electric transmission or
dislribution pole, street light, traffic signal, athletic field light, utility support
structure or other similar facility located within a public right=of-way or utility
easement approved by the Planning Commission. The facility shah include any
associated equipment shelters regardless of where they are located with respect to
the mount.
Whip Antenna means an omni-directional antenna used to transmit and/or
receive radio signals.
Wireless Communications Facility means a facility that is used to provide one
or more wireless communications services, including, without limitation, arrays,
antennas and associated facilities used to transmit and/or receive wireless
communications signals. This term does not include wireless communications
towers, over-the-air reception devices that deliver or receive broadcast signals,
satellite dishes regulated by 47 C.F.R. § 25.104, devices that provide direct-to-
home satellite services CDBS") o[ devices that provide multichannel multi-point
distribution services CMMDS'') as defined and regulated by 47 C.F.R. § 1.4000,
as amended.
Wireless Communications Services means those services specified in 47 U.S.C.
§§ 332(c)(7)(C) and 332(d)(1)-(2), and any amendments thereto.
Wireless Communications Tower means a guyed, monopole or self-
support/lattice tower, or extension thereto, constructed as a licestanding structure,
supporting one or more wireless communications facilities used in the provision
of wireless communications services.
Zoning Administrator means the person appointed by the City Manager as
provided in the Land Use and Development Ordinance.
Applicability. The requirements of this Section apply to the extent provided herein to all
new, existing, replacement, re-located or expanded and/or modified wireless
communications towers and wireless communications facilities. The requirements of this
Section apply throughout the City. It is the express intent of the City to impose, to the
extent permitted by applicable law, all requirements of this Section to all land within the
6
4)
5)
City, whether publicly or privately held, including, without limitatic:'., private property,
City property, church property, utility property and school property.
Non-Essential Services. Wireless communications towers and wireless
communications facilities will be regulated and permitted pursuant to this Section
and not regulated or permitted as essential services, public utilities or private
utilities.
b)
Attempt to Locate on Existing Tower or Antenna Support Structure. Every
owner/operator seeking to locate a wireless communications facility within the
City must attempt to locate on an existing wireless communications tower or
antenna support structure as required by subsections 7 through 8 of this Section.
Exempt from City Review. The following activities shall be permitted without City
approvals:
Amateur Radio - the installation of any antenna and its supporting tower, pole or
mast to the extent City regulation is preempted by state or federal law.
h)
Residential Television Antennas - the installation of residential television
antennas in private use to the extent preempted by state and federal law.
c)
Satellite Dishes - the installation of satellite dishes to the extent preempted by
state or federal law.
d)
Mobile News-the use of mobile se~rvices equipment providing public information
coverage of news events of a temporary or emergency nature.
Permitted Locations. The following applies to all wireless communications towers,
including re-located or expanded and/or modified towers, but not to existing towers:
Wireless communications towers less than 120 feet in height shall be a permitted
use in the I-1 and I-2 zoning districts.
b)
Wireless communications towers greater than or equal to 120 feet in height shall
be a conditional use in the I-1 and I-2 zoning districts.
c)
Wireless communications towers less than 80 feet in height shall be a permitted
use in the CBD and GB zoning districts.
d)
Wireless commtmications towers greater than or equal to 80 feet in height shall be
a conditional use in the CBD and GB zoning districts.
e)
Wireless communications towers less than 80 feet in height shall only be allowed
as a conditional use in the R-I, R-2, R~3, R-4 and LB zoning distticts.
7
6)
Wireless communications towers greater than or :qual to 80 feet in height shall
not be a permitted use in the R-l, R-2, R~3, R-4 and LB zoning districts.
Except where superseded by the requirements of county, state or federal
regulatory agencies possessing jurisdiction over wireless commtmications towers,
equipment cabinets and wireless communications facilities, such towers,
equipment cabinets and facilities shall be stealth towers, stealth equipment
cabinets and stealth facilities camouflaged to blend into the surrounding
environment using stealth technology in a manner pre-approved by the City on a
case-by-case basis.
h)
Utility pole-mounted facilities shall be permitted as accessory uses in all zoning
districts. Applications for such facilities shall be subject to the conditions set
forth in this Section.
Existing Towers.
Except where otherwise noted, existing towers shall not be rendered non-
conforming uses by this Section. The City encourages the use of these existing
towers for purposes of co-locating additional wireless communications facilities.
Any and all towers erected and in use or approved on or before the effective date
of this Ordinance shall be treated as existing towers. These towers shall be
considered conforming uses with respect to this Section and the City shall allow
co-location on these towers subject to the requirements of subsection 7 of this
Section so long as the providers utilize the most visually unobtrusive equipment
that is technologically feasible.
b)
Owners of existing towers shall be required to comply with the requirements and
procedures set forth in subections 13 and 14 ("Construction of New Towers" and
"Application Process for New Towers") to replace an existing tower.
c)
Owners of existing towers shall be required to comply with the applicable
requirements and procedures set forth in subsections 6, 7, 8 and 13 ("Existing
Towers," "Co-location Use, Modification and Relocation of Existing Towers,"
"Application to Locate Wireless Communications Facility on Existing Tower,"
and "Construction of New Towers") to modify or relocate an existing tower or to
co-locate a wireless communications facility on an existing tower.
d)
Increases in height of an existing wireless communications tower, modification of
an existing wireless communications tower or conversion of an existing wireless
communications tower to a stealth or camouflage structure shall be treated as a
new tower and subject to all the applicable requirements of this Section.
e)
Owners of existing wireless communications towers shall be required to comply
with the requirements set forth in subsection 15 ("Annual Registration") and
subsection 16 ("General Requirements").
7)
Co-Location Use, Modification and Relocation of Existing Towers.
Any owner of an existing tower or antenna support structure containing additional
capacity suitable for installation or co-location of wireless communications
facilities shall permit providers to install or co-locate said facilities on such towers
or antenna support structures; provided that no existing tower or antenna support
structure shall be used to support wireless communications facilities for morn than
three separate providers. Any co-location of wireless communications facilities
shall be subject to mutually agreeable terms and conditions negotiated between
the parties.
b)
Any existing tower may be modified or relocated to accormnodate co-location of
additional wireless communications facilities as follows:
(i)
An application for a wireless communications permit to modify or relocate
a wireless communications tower shall be made to the Zoning
Administrator. The application shall contain the information required by
subsection 14(b)-(c) of this Section. The Zoning Administrator shall have
the authority to issue a wireless communications permit without further
approval by the Council or the Planning Commission, except as provided
in this Section. Any denial of an application for a wireless
communications permit to modify or relocate a wireless communications
tower for purposes of co-location shall be made in accordance with
subsection 14(e) of this Section.
(ii)
The total height of the modified tower and wireless communications
facilities attached thereto shall not exceed the maximum height allowed
for a permitted wireless communications tower in the zoning district in
which the tower is located, unless a conditional use permit is granted by
the City.
(iii)
Permission to exceed the existing height shall not require an additional
distance separation from designated areas as set forth in this Section. The
tower's pre-modification height shall be used to calculate such distance
separations.
(iv)
A tower which is being rebuilt to accommodate the co-location of
additional wireless communications facilities may be moved on the same
parcel subject to compliance with the requirements of this Section.
(v)
A tower that is relocated on the same parcel shall continue to be measured
from the original tower location for the purpose of calculating the
separation distances between towers as provided herein.
s)
Application to Locate Wireles~ Communications Facility on Existing Tower.
An application for a wireless communications permit to locate or re-locate a
wireless communications facility on an existing tower must be submitted to the
Zoning Administrator on the designated form and shall, at a minimum, contain the
following:
(i) Name, address and telephone number of the applicant;
(ii)
Location of the existing tower, along with the tower owner's name and
telephone number;
(iii) Number of applicant's wireless communications facilities to be located on
the subject tower;
(iv)
A swom and certified statement in writing by a qualified engineer that the
wireless communications facility will conform to any and all other
construction standards set forth by the City Code, and federal and state
law;
(V)
An application fee in the amount set by the Council for each wireless
communications facility listed on the application;
(vi)
A copy of all licenses and/or franchises required by federal, state or local
law for the construction and/or operation of a wireless communications
system in the City;
(vii)
A scaled site plan clearly indicating the location, type and height of the
proposed wireless communications facility, on-site land uses and zoning,
elevation and stealth design drawings of the proposed wireless
communications facility and the supporting tower, topography, and any
other information deemed by the City to be necessary to assess
compliance with this Ordinance and the Land Use and Development
Ordinance;
(viii)
An inventory of the applicant's existing towers and wireless
communications facilities, if any, that are either within the jurisdiction of
the City or within one mile of the City limits, including specific
information about the location, height, and design of each wireless
communications facility or tower;
(ix>
A certification that the applicant will comply with all applicable federal,
state or local laws including all the provisions of the Land Use and
Development Ordinance; and
10
9)
(X)
A certification that the site described in the application is located on an
existing tower and the owner/operator agrees to the co-location of the
subject wireless communications facility.
b)
An application for a wireless communications permit to locate or re-locate a
wireless communications facility that proposes to co-locate said facility on an
existing tower and that satisfies the requirements set forth in this Section, shall
receive expedited treatment in the review process.
c)
So as to further expedite the permitting process and to promote the efficient use of
existing sites, the City encourages the users of existing towers to submit a single
application for approval of multiple users on a single existing site. Applications
for approval at multiple user sites shall be given priority in the review process.
The fee to be submitted with a multiple user application shall be the fee specified
in this subsection multiplied by the number of users listed in such application.
d)
A petitioner shall submit any additional information requested by the City for
purposes of evaluating the permit request.
e)
In granting or denying a wireless communications permit to locate or re-locate a
wireless communications facility on an existing tower, the Zoning Administrator
shall prepare a written record of decision including findings of fact.
Wireless Communications Facilities on Antenna Support Structures.
All wireless communications facilities to be located on antenna support structures
shall be subject to the following minimum standards:
(i)
Wireless communications facilities shall only be permitted on buildings
which are at least thirty-five (35) feet tall.
(ii)
Wireless communications facilities shall be permitted on the City's water
tower; provided that the City may impose reasonable conditions which
ensure that such facilities do not interfere with access to or maintenance of
the tower.
(iii)
If an equipment cabinet associated with a wireless communications
facility is located on the roof of a building, the area of the equipment
cabinet shall not exceed ten (10) feet in height, four hundred (400) square
feet in area nor occupy more than ten percent (10%) of the roof area. All
equipment cabinets shall be constructed out of nonreflective materials and
shall be designed to blend with existing architecture and located or
designed to minimize their visibility.
b) Antenna dimensions.
I1
10)
(i)
Unless a conditional use permit is obtained from the City, whip antennas
and their supports must not exceed 25' in height and 12" in diameter and
must be constructed of a material or color which matches the exterior of
the antenna support structure.
(ii)
Unless a conditional use permit is obtained from the City, panel antennas
and their supports must not exceed 8' in height or 2.5' in width and must
be constructed of a material or color which matches the exterior of the
building or structure, so as to achieve maxim compatibility and
minimum visibility.
(iii)
Unless a conditional use permit is obtained from the City, microwave dish
antennas located below sixty-five (65) feet above the ground may not
exceed six (6) feet in diameter. Microwave dish antennas located sixty-
five (65) feet and higher above the ground may not exceed eight (8) feet in
diameter.
c)
Notwithstanding anything to the contrary, wireless communications facilities and
related equipment shall not be installed on antenna support structures in
residential zoning districts, unless a conditional use permit is obtained from the
City.
d)
Wireless communications facilities located on antenna support structures, and
their related equipment cabinets, shall be located or screened to minimize the
visual impact of such facilities and equipment cabinets upon adjacent properties.
Any such screening shall be of a material and color that matches the exterior of
the building or structure upon which it is situated. Wireless communications
facilities and related equipment cabinets shall be of a stealth design, and shall
have an exterior finish and/or design as approved by the City.
Application to Locate Wireless Communications Facility on Antenna Support
Structure.
An application for a wireless communications permit to locate or re-locate a
wireless communications facility on an antenna support structure must be
submitted to the Zoning Administrator on the designated form and shall, at a
minimum, contain the following:
(i) Name, address and telephone number of the applicant;
(ii)
Location of the antenna support structure, along with the property owner's
name and telephone number;
(iii) Number of applicant's wireless communications facilities to be located on
the subject property;
12
b)
c)
(iv)
A sworn and certified statement in writing by a qualified engineer that the
wireless communications facility will conform to any and all requirements
and standards set forth in the City Code, and federal and state law;
(V)
An application fee in an amount set by the Council for each wireless
communications facility listed on the application;
(vi)
A copy of all licenses and/or franchises required by federal, state or local
law for the construction and/or operation of a wireless communications
system in the City;
(vii)
A scaled site plan clearly indicating the location, type and height of the
proposed wireless communications facility, on-site land uses and zoning,
elevation and stealth design drawings of the proposed wireless
communications facility and the rooftop and building, topography, a
current survey, landscape plans, and any other information deemed by the
City to be necessary to assess compliance with this Ordinance and the
Land Use and Development Ordinance;
(viii)
An inventory of the applicant's existing towers and wireless
communications facilities, if any, that are either within the jurisdiction of
the City or within one mile of the City limits, including specific
information about the location, height, and design of each wireless
communications facility or tower;
(ix)
A certification that the app~licant will comply with all applicable federal,
state or local laws including all the provisions of this Ordinance and the
Land Use and Development Ordinance; and
(x)
A certification that the site described in the application is located on an
existing antenna support structure and the owner/operator agrees to the
location or co-location of the subject wireless communications facility.
An application for a wireless communications pennit to locate or re-locate a
wireless communications facility that proposes to co-locate said facility on an
antenna support structure and that satisfies the requirements set forth in this
Section, shall receive expedited treatment in the review process.
So as to further expedite the permitting process and to promote the efficient use of
existing sites, the City encourages the users of antenna support structures to
submit a single application for approval of multiple users on a single existing site.
Applications for approval at multiple user sites shall be given priority in the
review process. The fee to be submitted with a multiple user application shall be
the fee described in this Section multiplied by the number of users listed in such
application.
13
Utility
a)
b)
d)
e)
An applicant must submit a proposed stealth design for camouflaging its wireless
communications facility, unless this requirement is preempted by the operation of
applicable laws or regulations.
A petitioner shall submit any additional information requested by the City for
purposes of evaluating the permit request.
In grantIng or denying a wireless communications permit to locate or re-locate a
wireless communications facility on an antenna support structure, the Zoning
Administrator shall prepare a written record of decision including findings of fact.
Pole-Mounted Wireless Communications Facilities.
Utility pole-mounted wireless coramtmications facilities may be permitted as
accessory uses in all zoning districts if the provider uses pico cell equipment.
Such facihties shall only be permitted in public rights-of-way that are at least 100
feet in width. To the greatest practical extent, utility pole-mounted wireless
communications facilities shall be sited where they are concealed from public
view by other objects such as trees or buildings. When it is necessary to site such
a facility in public view, to the greatest practical extent it shall be designed to
limit visual impact on surrounding land uses, which design must be approved by
the City.
The height of a utility pole-mounted facility shall not exceed two (2) feet above
the pole structure.
Equipment cabinets associated with utility pole-mounted wireless
communications facilities which are located within the public right-of-way shall
be of a scale and design that make them no more visually obtrusive than other
types of utility equipment boxes normally located within the right-of-way and
shall be located in a manner and location approved by the City. To the greatest
practical extent, equipment cabinets associated with utility pole-mounted facilities
which are located outside of the public right-of-way shall be concealed from
public view or shall be architecturally designed using stealth technology or
buffered to be compatible with surrounding land uses, except that such shelters
located in residential zoning districts must be screened from the view of residents
and pedestrians.
Equipment cabinets associated with utility pole-mounted wireless
communications facilities which are located outside the public right-of-way shall
meet the setback requirements for accessory buildings and structures for the
zoning district in which the equipment cabinet is located.
Generators associated with equipment shelters must meet with the requirements of
the City Code.
14
12) Application for Utility Pole-Mounted Wireless Communications Facility.
An application for a wireless communications permit to locate or re-locate a
utility pole-mounted wireless communications facility must be submitted to the
Zoning Administrator on the designated form and shall, at a minimum, contain the
following:
(i) Name, address and telephone number of the applicant;
(ii)
Location of the utility pole-mount, along with the property owner's name
and telephone number;
(iii)
Number of applicant's wireless communications facilities to be located on
the subject property;
(iv)
A swom and certified statement in writing by a qualified engineer that the
wireless communications facility will conform to any and all requirements
and standards set forth in the City Code, and federal and state law;
(V)
An application fee in the amount set by the Council for each wireless
communications facility listed on the application;
(vi)
A copy of all licenses and/or franchises required by federal, state or local
law for the construction and/or operation of a wireless communications
system in the City;
(vii)
A scaled site plan clearly ~ndicating the location, type and height of the
proposed wireless communications facility, on-site land uses and zoning,
elevation and stealth design drawings of the proposed wireless
communications facility and utility pole-mount, topography, a current
survey, landscape plans, and any other information deemed by the City to
be necessary to assess compliance with this Ordinance and the Land Use
and Development Ordinance;
(viii)
An inventory of the applicant's existing towers and wireless
communications facilities, if any, that are either within the jurisdiction of
the City or within one mile of the City limits, including specific
information about the location, height, and design of each wireless
communications facility or tower;
(ix)
A certification that the applicant will comply with all applicable federal,
state or local laws including all the provisions of this Ordinance and the
Land Use and Development Ord'mance; and
15
(x)
A certification that the site described in the application is located on a
utility pole-mount and the owner/operator agrees to the location of the
wireless communications facility.
b)
An application for a wireless communications permit to locate or re-locate a
wireless communications facility that proposes to co-locate said facility on an
already existing utility pole-mount and that satisfies the requirements set forth in
this Section, shall receive expedited treatment in the review process.
c)
A petitioner shall submit any additional information requested by the City for
purposes of evaluating the permit request.
d)
In granting or denying a wireless communications permit to locate or re-locate a
utility pole-mounted wireless communications facility, the Zoning Administrator
shall prepare a written record of decision including findings of fact.
13) Construction of New Towers.
(a) Conditions of Approval for Wireless Communications Towers.
(i)
Setback. The distance between the base of any proposed wireless
communications tower, measured from the center of a tower, and the
nearest lot line shall be at least equal to the height of the tower, provided
that this distance may be reduced to a specified amount if an applicant
provides a certification from the tower manufacturer or a qualified
engineer stating that the tower is designed and constructed in such a way
as to crumple, bend, coiiapse or otherwise fall within the specified
distance.
In no event shall the distance between the base of a proposed wireless
communications tower, measured from the center of the tower, and the
nearest lot line be less than twenty (20) percent of the tower height.
(ii)
Structural recluirements. All wireless communications tower designs must
be certified by a qualified engineer specializing in tower structures and
licensed to practice in the State of Minnesota. The certification must state
the tower design is structurally sound and, at a minimum, in conformmace
with the City's Building Code, the State Building Code, and any other
standards outlined in the Land Use and Development Ordinance, as
amended from time to time.
(iii)
Height. The height of permitted wireless communications towers shall be
as specified in subsection 5 of this Section.
16
b)
c)
Requirements for Separation Between Towers.
(i)
Except for wireless communications facilities located on roof-tops or
utility pole-mounted facilities, the minimum wireless communications
tower separation distance shall be calculated and applied irrespective of
jurisdictional boundaries.
(ii)
Measurement of wireless communications tower separation distances for
the purpose of compliance with this Section shall be measured from the
base of a wireless communications tower to the base of the existing or
approved wireless communications tower.
(iii)
Proposed towers must meet the following minimum separation
requirements from existing towers or towers previously approved but not
yet constructed at the time a development permit is granted pursuant to
this Section:
MINIMUM TOWER SEPARATION DISTANCE
Height of Height of Minirmun
Existing Tower Proposed Tower Separation
Less ~an 50' Less than 50' 100'
50'-100' 200'
101'-150' 400'
151'-200' 800'
50'-100' Less ~an 50' 100'
50'-100' 400'
101'-150' 600'
151'-200' 800'
101'-150' Lessthan S0' 100'
50'-100' 400'
101'-150' 600'
151'-200' 800'
151'-200' Less t hanS0' 100'
50'-100' 600'
101'-150' 800'
151'-200' 1000'
For the purpose of this subsection, the separation distances shall be measured by
drawing or following a straight line between the center of the base of the existing
or approved structure and the center of the proposed base, pursuant to a site plan
of the proposed wireless communications tower.
Standards for Co-location. This subsection is designed to foster shared use of
wireless communications towers.
(i)
Construction of Excess Capacity. Any owner of a wireless
communications tower shall permit other providers to install or co-locate
antennae or wireless communications facilities on such towers, if available
17
d)
space and structural capacity exists; provided, however, that no wireless
communications tower shall be used to support wireless communications
facilities for more than three separate providers. Any co-location of
wireless communications facilities shall be subject to mutually agreeable
terms and conditions negotiated between the parties. All new wireless
communications towers shall be constructed with excess capacity for co-
location as follows:
(ii)
(iii)
(iv)
(v)
Less than 80 feet in height
80 feet to 119 feet in height
120 feet in height or greater
One additional user
Two or more additional users
(up to a maximum of three
USers)
Three additional users
Notwithstanding anything to the contrary, all new monopole towers over
80 feet in height and existing monopole towers that are extended to a
height over 80 feet shall be designed and built to accommodate at least
two providers, and up to a maximum of three proriders if technically
possible.
Notwithstanding anything to the contrary, all new guyed towers, and
existing guyed towers that are replaced or modified shall be designed and
built to accommodate three providers.
Site area. The site or leased footprint shall contain sufficient square
footage to accommodate the equipment/mechanical facilities for all
proposed providers based upon the structural capacity of the tower.
Setbacks. If it is determined that a proposed wireless communications
tower cannot meet setback requirements due to increases in tower height
to accommodate the co-location of at least one additional wireless
communications service provider, minimum setback requirements may be
reduced by a maximum of fifteen (15) feet, unless such a reduction would
decrease the distance between the base of the tower and the nearest lot line
to less than twenty (20) percent of the tower height, in which case set-back
requirements may be reduced to a distance that is equal to or greater than
twenty (20) percent of the tower height.
Tower Design and Type.
(i)
All proposed wireless communications towers shall be monopole towers
or stealth towers. Self-supporting towers or gnyed lattice towers shall
only be permitted as a replacement of like structures.
(ii)
Utility pole-mounted facilities or extensions on utility poles to
accommodate the mounting of wireless communications facilities shall be
of the monopole type.
18
(iii) Antennas shall be of the uni-cell variety whenever feasible or mounted
internal to the wireless commtmications tower structure.
(iv)
Stealth wireless communications towers, equipment cabinets and related
facilities shall be required in all zoning districts.
Landscaping Minimum Requirements. Wireless communications towers shall
be landscaped with a buffer of plant materials that effectively screens the view of
the tower compound from surrounding property. The standard buffer shall consist
of a landscaped strip at least ten (10) feet wide outside the perimeter of the
compound. Existing mature growth and natural land forms on the site shall be
preserved to the maximum extent possible. In some cases, such as wireless
communications towers sited on large, wooded lots, natural growth around the
property perimeter may be a sufficient buffer. All areas disturbed during project
construction shall be replanted with vegetation. The owner of a wireless
communications tower is responsible for all landscaping obligations and costs. A
landscaping plan for the purpose of screening the base of the tower from view
shall be submitted to the Zoning Administrator for approval prior to the issuance
of a building permit for the tower. The City may waive the enfomement of this
condition if it is deemed unnecessary.
Visual Impact Standards. To assess the compatibility with and impact on
adjacent properties of a proposed wireless communications tower site, an
applicant seeking to construct, relocate or modify a wireless communications
tower may be required to submit a visual impact analysis. The requirements of
this subsection shall be required for any application to construct a tower greater
than 80 feet in height. The applicant may request a review of a proposed wireless
communications tower location, prior to submission of an application, to
determine whether or not a visual impact analysis will be required. The applicant
shall be advised of the requirement to submit a visual impact analysis by the City
within ten (10) working days following the City's receipt of the applicant's
application for construction of a new wireless communication tower or the
relocation or modification of an existing tower.
(i)
Whenever a visual impact analysis is required, an applicant shall utilize
digital imaging technology to prepare the analysis in a manner acceptable
to the City. At a minimum, a visual impact analysis must provide the
following information:
The location of the proposed wireless communications tower
illustrated upon an aerial photograph at a scale of not more than
one inch equals 300 feet (1" = 300'). All adjacent zoning districts
within a 3,000 foot radius from all property lines of the proposed
wireless communications tower site shall be indicated; and
19
b. A line of site analysis which sk~ll include the following
information:
(ii)
(iii)
certification that the proposed wireless communications
tower meets or exceeds standards contained in this Section;
identification of all significant existing natural and
manmade features adjacent to the proposed wireless
communications tower site and identification of features
which may provide buffering and screening for adjacent
properties and public rights-of-way;
identification of at least three specific points within a 2,000
foot radius of the proposed wireless communications tower
location, subject to approval by the Zoning Administrator,
for conducting the visual impact analysis;
copies of all calculations and a description of the
methodology used in selecting the points of view and
collection of data submitted in the analysis;
graphic illustration of the visual impact of the proposed
wireless communications tower, at a scale that does not
exceed 5 degrees of horizontal distance, presented fi'om the
specific identified points;
identificatioti of all screening and buffering materials under
the permanent control of the applicant (only screening and
buffering materials located within the boundaries of the
proposed site shall be considered for the visual impact
analysis); and
identification of all screening and buffering materials that
are not under the permanent control of the applicant but are
considered of a permanent nature due to ownership or use
patterns, such as a public park, vegetation preserve,
required development buffer, etc.
Screening and buffering materials considered in the visual impact analysis
shall not be removed by future development on the site. However,
screening and buffering materials considered in the visual impact analysis
shall be replaced if they die.
An applicant shall provide any additional information that may be required
by the Zoning Administrator to fully review and evaluate the potential
impact of the proposed wireless communications tower.
2O
14) Application Process for New Towers.
The use of existing structures to locate wireless communications facilities shall be
preferred to the construction of new wireless communications towers. To be
eligible to construct a new wireless communications tower within City limits, an
applicant must establish to the satisfaction of the City that the applicant is unable
to provide the service sought by the applicant from available sims, including co-
locations within the City and in neighboring jurisdictions; and the applicant must
demonstrate to the reasonable satisfaction of the City that no other suitable
existing tower or antenna support structure is available, including utility poles;
and that no reasonable alternative technology exists that can accommodate the
applicant's wireless communications facility due to one or more of the following
factors:
(i)
The structure provides insufficient height to allow the applicant's facility
to function reasonably in parity with similar facilities;
(ii)
The structure provides insufficient structural strength to support the
applicant's wireless communications facility;
(iii)
The structure provides insufficient space to allow the applicant's wireless
communications facility to function effectively and reasonably in parity
with similar equipment;
(iv)
Use of the existing structure would result in electromagnetic interference
that cannot reasonably be corrected;
(v)
The existing structure is unavailable for lease under a reasonable leasing
agreement;
(vi)
Use of the structure would create a greater visual impact on surrounding
land uses than the proposed alternative or otherwise would be less in
keeping with the goals, objectives, intent, preferences, purposes, criteria or
standards of this Ordinance, the Land Use and Development Ordinance
and land development regulations; and/or
(vii) Other limiting factors.
b)
An applicant must submit any technical information requested by the City or its
designated engineering consultant as part of the review and evaluation process.
c)
An application for a wireless communications permit to construct a wireless
communications tower must be submitted to the Zoning Administrator on the
designated form and shall contain, at a minimum, the following information:
21
(i) Name, address and telephone number of the applicant;
(ii)
(iii)
(iv)
(V)
(vi)
(vii)
(viii)
(ix)
Proposed location of the wireless communications tower, along with all
studies, maps and other information required by subsections 13 and 14 of
this Section (applicant shall submit information for only one proposed
tower per application);
Number of applicant's wireless communications facilities to be located on
the subject tower and the number of spaces available for co-location;
A swom and certified statement in writing by a qualified engineer that the
wireless communications tower will conform to all requirements set forth
in the City Code, and federal and state law;
An application fee in the amount set by the Council;
A copy of all licenses and/or fi'anchises required by federal, state or local
law for the construction and/or operation of a wireless communications
system in the City;
A scaled site plan clearly indicating the location, type and height of the
proposed wireless communications tower, on-site land uses and zoning,
elevation and stealth design drawings of the proposed tower, topography,
and any other information deemed by the Zoning Administrator to be
necessary to assess compliance with this Ordinance and the Land Use and
Development Ordinance;
An inventory of the applicant's existing towers and wireless
communications facilities, if any, that are either within the jurisdiction of
the City or within one mile of the City limits, including specific
information about the location, height, and design of each wireless
communications facility or tower;
The names, addresses and telephone numbers of all owners of existing
towers or antenna support structures within an area equal to one hundred
percent (100%) of the search ring for the wireless communications facility
proposed to be located on the proposed new tower;
Written documentation in the form of an affidavit that the applicant made
diligent, but unsuccessful efforts for permission to install or co-locate the
proposed wireless communications facility on all existing towers or
antenna support structures located within an area equal to one hundred
percent (100%) of the search ring for the proposed site of the wireless
communications facility;
22
d)
e)
(xi)
Written, technical evidence from a qualified engineer that the proposed
wireless communications facility cannot be installed or co-located on an
existing tower or antenna support structure located within the City and
must be located at the proposed site in order to meet the coverage
requirements of the proposed wireless communications service, together
with a composite propagation study which illustrates graphically existing
and proposed coverage in industry-accepted median received signal
ranges;
(xii)
A written statement from a qualified engineer that the construction and
placement of the proposed wireless communications tower will comply
with Federal Communications Commission radiation standards for
interference and safety and will produce no significant signal interference
with public safety communications and the usual and customary
transmission or reception of radio, television, or other communications
services enjoyed by adjacent residential and non-residential properties;
and
(xiii)
A certification that the applicant will comply with all applicable federal,
state or local laws including all the provisions of this Ordinance and the
Land Use and Development Ordinance.
A proposed wireless communications tower that exceeds the height limitations for
a permitted tower in the GB, CBD, I-1 or 1-2 zoning districts, or any proposed
wireless communications tower under eighty (80) feet in the R-l, R-2, R-3, R-4,
or LB districts, shall only be allowed upon approval of a conditional use permit.
The City Council may establish any reasonable conditions for approval that are
deemed necessary to mitigate adverse impacts associated with the conditional use,
to protect neighboring properties, and to achieve the objectives of this Ordinance
and the Land Use and Development Ordinance. Such a conditional use permit
shall be required in addition to a wireless communications permit.
In granting or denying a wireless communications permit to construct a wireless
communications tower, the Zoning Administrator shall prepare a written record of
decision including findings of fact. Proposed wireless communication towers that
meet the standards and requirements contained herein, including location and
height limitations, may be approved administratively by the Zoning
Administrator. Proposed wireless communication towers that do not meet the
standards and requirements contained herein, including location and height
limitations, may be denied administratively by the Zoning Administrator,
provided that the written record of decision including findings of fact is accepted
by the Council.
23
15) Annual Pegistration Requirement.
Wireless Communications Facilities. To enable the City to keep accurate, up-
to-date records of the location of wireless commtmications facilities within City
limits, on an annual basis, no later than February 1 of each year, or upon change
in ownership of wireless communications facilities, the owner/operator of such
facilities shall submit documentation to the Zoning Administrator providing:
(i)
Certification in writing that the wireless communications facility conforms
to the requirements, in effect at the time of construction of the facility, of
the State Building Code and all other requirements and standards set forth
in the City Code, and federal and state law by filing a swom and certified
statement by a qualified engineer to that effect. A wireless
communications facility owner/operator may be required by the City to
submit more frequent certification should there be reason to believe that
the structural and/or electrical integrity of the wireless communications
facility is jeopardized. The City reserves the fight upon reasonable notice
to the owner/operator of the wireless communications facility to conduct
inspections for the purpose of determining whether the wireless
commurfications facility complies with the State Building Code and all
requirements and standards set forth in local, state or federal laws; and
(ii)
The name, address and telephone number of any new owner, if there has
been a change of ownership of the wireless communications facility.
Annual payment of a registration. fee, as set by the Council, for each wireless
communications facility located within the City shall be submitted to the City at
the time of submission of the documentation required above.
b)
Wireless Communications Towers. To enable the City to keep accurate, up-to-
date records of the location and continued use of wireless communications towers
within City limits, on an annual basis, no later than February 1 of each year, or
upon change in ownership of a wireless communications tower, the
owner/operator of each tower shall submit documentation to the Zoning
Administrator providing:
(i)
Certification in writing that the wireless communications tower is
strucmrally sound and conforms to the requirements, in effect at the time
of construction of the tower, of the State Building Code and all applicable
standards and requirements set forth in the City Code, and federal and
state law, by filing a swom and certified statement by a qualified engineer
to that effect. The tower owner may be required by City to submit more
frequent certifications should them be reason to believe that the structural
and/or electrical integrity of the tower is jeopardized;
24
(ii) The number ofproviders located on the tower and their names, addresses
and telephone numbers;
16)
(iii) The type and use of any wireless communications facilities located on the
tower, and
(iv) The name, address and telephone number of any new owner of the tower,
if there has been a change of ownership of the tower.
An annual payment of a registration fee, as set by the Council, for each tower
located within the City shall be submitted to the City at the time of submission of
the documentation required above.
General Requirements. The following conditions apply to all wireless communications
towers and wireless communications facilities in the City:
Duration of Permits. If substantial construction or installation has not taken
place within one year after City approval of a wireless communications permit,
the approval shall be considered void unless a petition for time extension has been
granted by the City Council. Such a petition shall be submitted in writing at least
30 days prior to the expiration of the approval and shall state facts showing a
good faith effort to complete the work permitted under the original permit.
b)
Assignment and Subleasing. No wireless communications facility, tower or
antenna support structure or wireless communications permit may be sold,
transferred or assigned without priqr notification to the City. No sublease shall be
entered into by any provider until the sublessee has obtained a permit for the
subject wireless communications facility or tower or antenna support structure.
No potential prorider shall be allowed to argue that a permit should be issued for
an assigned or subleased wireless communications facility or tower or antenna
support structure on the basis of any expense incurred in relation to the facility or
site.
c)
Aesthetics. Wireless communications towers and wireless communications
facilities shall meet the following requirements:
(i)
Signs. No commercial signs or advertising shall be allowed on a wireless
communications tower or a wireless communications facility.
(ii)
Lighting. No signals, lights, or illumination shall be permitted on a
wireless communications tower or a wireless communications facility,
unless required by the Federal Aviation Administration or other applicable
authority. If lighting is required, the lighting alternatives and design
chosen must cause the least obtrusiveness to the surrounding community.
However, an applicant shall obtain approval from the City if the Federal
Aviation Administration requires the addition of standard obstruction
25
e)
f)
g)
marking and lighting (Le., red lighting and orange and white striping) to
the tower. An apphcant shall notify the Zoning Administrator prior to
making any changes to the original finish of the tower.
(iii)
Graffiti. Any graf~ti or other unauthorized inscribed materials shall be
removed promptly or otherwise covered in a manner substantially similar
to, and consistent, with the original exterior finish. The City may provide
a wireless communications tower or equipment cabinet owner and/or
operator written notice to remove or cover graffifi within a specific period
of time or as required by other appropriate sections of the City Code as
presently existing or as may be periodically amended. In the event the
graffifi has not been removed or painted over by the owner and/or operator
within the specified time period, the City shall have the right to remove or
paint over the graffiti or other inscribed materials. In the event the City
has to remove or paint over the graffiti, then the owner and/or operator of
the wireless communications tower or equipment cabinet or structure on
which the graf~ti existed, shall be responsible for all costs incurred.
Federal and State Requirements. All wireless communications towers and
wireless communications facilities must meet or exceed the standards and
regulations of the Federal Aviation Administration, the Federal Communications
Commission, and any other agency of the state or federal government with the
authority to regulate wireless communications towers and facilities. If such
standards and regulations change, then the owners of the wireless
communications towers and wireless communications facilities subject to such
standards and regulations must bf.nng such towers and facilities into compliance
with such revised standards and regulations within six (6) months of the effective
date of such standards and regulations, unless a different compliance schedule is
mandated by the controlling state or federal agency. Failure to maintain or bring
wireless communications towers and wireless communications facilities into
compliance with such revised standards and regulations shall constitute a
violation of this Ordinance and shall be subject to enforcement under the City
Code. Penalties for violation may include frees and removal of the tower or
wireless communications facility at the owner's expense.
Licenses or Franchise. An owner of a wireless communications tower or
wireless communications facility must notify the City in writing within 48 hours
of any revocation or failure to renew any necessary license or fi'anchise.
Discontinued Use. In the event the use of a wireless communications tower or
wireless communications facility is discontinued, the owner and/or operator shall
provide written notice to the City of its intent to discontinue use and the date
when the use shall be discontinued.
Abandoned Tower or Antenna. The City may require removal of any
abandoned or unused wireless commux~cations tower or wireless communications
26
h)
facility by the tower or facility owner within thirty (30) days after notice from the
City of abandonment. A wireless communications tower or wireless
communications facility shall be considered abandoned if use has been
discontinued for one hundred eighty (180) consecutive days.
(i)
Removal by City. Where a wireless communications tower or wireless
communications facility is abandoned but not removed within the
specified time frame, the City may remove the facility or remove or
demolish the tower and place a lien on the property following the
procedures (but not the criteria) for demolition of an unsafe
building/structure of the City' s housing code.
(ii)
Towers Utilized for Other Pumoses. Where a wireless communications
tower is utilized for other purposes, including but not limited to light
standards and power poles, it shall not be considered abandoned; provided,
however, that the height of the tower may be reduced by the City so that
the tower is no higher than necessary to accommodate previously
established uses.
(iii)
Restoration of Area. Where a wireless communications tower or facility is
removed by an owner, said owner, at no expense to the City, shall restore
the area to as good a condition as prior to the placement of the tower or
facility, unless otherwise instructed by the City.
(iv)
SureW or Letter of Credit for Removal. Prior to the issuance of a building
permit, a surety or letter of credit shall be submitted by the property
owner(s) or tower operator(s) to ensure the removal of abandoned wireless
communications towers. The surety or letter of credit shall be utilized to
cover the cost of removal and disposal of abandoned towers and shall
consist of the following:
a. submission of an estimate from a certified structural engineer
indicating the cost to remove and dispose of the tower; and
either a surety or a letter of credit, equivalent to one hundred percent
(100%) of the estimated cost to remove and dispose of the tower. The
form of the surety or the letter of credit shall be subject to approval by
the Zoning Administrator and the City Attomey.
FCC Emissions Standards. At all times, owners and/or operators of wireless
communications facilities shall comply with the radio frequency emissions
standards of the Federal Communications Commission.
(i)
Testing required. All existing and future wireless cormmunications
facilities shall be tested, not less frequently than annually, to determine if
the radio frequency emissions from such facilities are in compliance with
27
i)
j)
all applicable federal, state and local regulations. Facilities that are in
existence on the effective date of this Ordinance shall be tested within
three months after the effective date of hereof, and annually thereafter as
provided herein.
(ii)
Regulations. All existing and future proriders shall perform the testing
required by this Section. Procedures shall include supplying necessary
testing equipment which has current certification from an independent
testing laboratory and shall include operating the equipment.
(iii)
Annual Statement. All providers shall submit an annual statement to the
Zoning Administrator from an independent Federal Communications
Commission EMR-certified and qualified engineer demonstrating
compliance with the testing requirements of this Section.
(iv)
Costs. All testing and analysis of test results shall be at the cost of the
provider conducting the test.
(V)
Inspections. The City reserves the right to conduct random radio
frequency emissions inspections. The cost for such random inspections
shall be paid from the wireless communications annual registration fees,
unless an owner and/or operator is found to be in non-compliance with
Federal Communications Commission RF emissions standards,
whereupon the non-compliant owner and/or operator shall reimburse the
City in full for the cost of the inspection.
Maintenance. All wireless comnlunications facilities, wireless communications
towera and antenna support structures shall at all times be kept and maintained in
good condition, order, and repair, and, maintained in stealth condition (if stealth
or camouflage is a permit requirement). The same shall not menace or endanger
the life or property of any person, and shall retain original characteristics. All
maintenance or construction on a wireless communications tower, wireless
communications facility or antenna support structure shall be performed by
licensed maintenance and construction personnel. The City shall notify a provider
in writing regarding any specific maintenance required under this Section. A
prorider shall make all necessary repairs within thirty (30) days of such
notification. Failure to effect noticed repairs within thirty (30) days may result in
revocation of a tower owner's or provider's permit and/or removal of the tower,
wireless communications facility or antenna support structure.
Emergency. The City reserves the right to enter upon and disconnect, dismantle
or otherwise remove any wireless communications tower or wireless
communications facility should the same become an immediate hazard to the
safety of persons or property due to emergency circumstances, as determined by
the Zoning Administrator or his designee, such as natural or manmade disasters or
accidents, when the owner of any such tower or facility is not available to
28
l)
m)
n)
immediately remedy the hazard. The City shall notify any said owner of any such
action within twenty-four (24) hours. The owner and/or operator shall reimburse
the City for the costs incurred by the City for action taken pursuant to this
subsection.
Equipment Cabinets. Equipment cabinets located on the ground shall be
constructed out of non-reflective materials and shall be screened from sight by
mature landscaping and located or designed to ninimize their visibility. All
equipment cabinets shall be no taller than ten (10) feet in height, measured from
the original grade at the base of the facility to the top of the structure, and occupy
no more than four hundred (400) square feet in area, unless a waiver is granted by
the City upon written request from a prorider.
Equipment On Site. No mobile or immobile equipment or materials of any
nature shall be stored or parked on the site of a wireless communications tower or
wireless communications facility, unless used in direct support of a wireless
communications tower or wireless communications facility or for repairs to the
wireless communications tower or wireless communications facility currently
underway.
Inspections. The City reserves the right upon reasonable notice to the
owner/operator of a wireless communications tower or antenna support structure,
including utility poles and rooftops, to conduct inspections for the purpose of
determining whether the tower or other support structure and/or related equipment
cabinet complies with the State Building Code and all applicable requirements
and standards set forth in local, state or federal law and to conduct radiation
measurements to determine whether all antenna and transmitting equipment are
operating within Federal Communications Commission requirements.
Security.
(i)
An owner/operator of a wireless communications tower shall provide a
security fence or equally effective barrier around the tower base or along
the perimeter of the wireless communications tower compound.
(ii)
If high voltage is necessary for the operation of the wireless
communications tower or antenna support structure, "HIGH VOLTAGE -
DANGER" warnings signs shall be permanently attached to the fence or
batTier and shall be spaced no more than 20 feet apart, or on each fence or
barrier frontage.
(iii)
"NO TRESPASSING" warning signs shall be permanently attached to the
fence or barrier and shall be spaced no more than 20 feet apart.
(iv)
The letters for the "HIGH VOLTAGE DANGER" and "NO
TRESPASSING" warning signs shall be at least six (6) inches in height.
29
The two warning signs may be combined into one sign. The warning
signs shall be installed at least 4.5 feet above the finished grade of the
fence or barrier.
o)
Advances in Technology. All providers shall use and apply any readily available
advances in technology that lessan the negative aesthetic effects of wireless
communications facilities and wireless communications towers to the residential
conununities within the City. Every five (5) years, the City may review existing
structures and compare the visual impact with available technologies in the
indusuy for the purpose of removal, relocation or alteration of these structures in
keeping with the general intent of this Section. Such removal, relocation or
alteration may be required by the City pursuant to its zoning power and authority.
17)
Review of Applications. The City shall process all applications for wireless
communications towers and wireless communications facilities in a timely manner and in
accordance with established procedures. The reason for the denial of any application
filed in accordance with this provision shall be set forth in writing, and shall be supported
by substantial evidence in a written record.
18)
Appeals. At any time within 30 days after a written order, requirement, determination or
final decision has been made by the Zoning Administrator or other official in interpreting
or applying this Section, except for actions taken in connection with prosecutions for
violations thereof, the applicant or any other person affected by such action may appeal
the decision in accordance with the provisions of the Land Use and Development
Ordinance.
Revocation. A material breach of any terms and conditions of a permit issued for a
wireless communications tower or wireless communications facility under this Ordinance
and the Land Use and Development Ordinance may result in the revocation by the City of
the fight to operate, utilize or maintain the particular tower or wireless communications
facility within the City following written notification of the violation to the owner or
operator, and after failure to cure or otherwise correct said violation within thirty (30)
days. A violation of this Section shall be subject to enforcement in accordance with the
Land Use and Development Ordinance. Penalties for a violation of a permit or this
Section may include fines and removal of the wireless communications tower or wireless
communications facility at the owner's expense."
Section 3. CAPTIONS. The captions throughout this Ordinance are intended solely to
facilitate reading and reference to the sections and provisions of this Ordinance. Such captions
shall not affect the meaning or interpretation of this Ordinance.
Section4. CALCULATION OF TIME. Unless othexwise indicated, when the
performance or doing of any act, duty, matter or payment is required under this Ordinance, and a
period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein,
the time shall be computed so as to exclude the first and include the last day of the prescribed or
fixed period of duration time.
30
Section 5. SEVERABILITY. If any term, condition or provision of tiffs Ordinance shall, to
any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory
agency, the remainder hereof shall be valid in all other respects and continue to be effective. In
the event of a subsequent change in applicable law such that the provision which had been held
invalid is no longer invalid, such provision shall thereupon remm to full force and effect without
further action by the City of Columbia Heights and shall thereafter be binding on the permittee
and the City.
Section 6. REPEAL OF LAWS IN CONFLICT. All City laws and ordinances in conflict
with any provision of this Ordinance are hereby repealed to the extent of any conflict.
Section 7. INCLUSION IN THE CITY CODE. The provisions of this Ordinance shall
become and be made a part of the City Code of the City of Columbia Heights. The sections of
this Ordinance may rcnumbered or relettered to accomplish such, and the word "ordinance" may
be changed to "section," "article," or any other appropriate word.
Section 8. NO RECOURSE AGAINST THE CITY. Every permit shall provide that,
without limiting such immunities as the City or other persons may have under applicable law, a
permittee shall have no monetary recourse whatsoever against the City or its elected officials,
boards, commissions, agents, employees or volunteers for any loss, costs, expense or damage
arising out of any provision or requirement of this Ordinance or because of the enforcement of
this Ordinance or the City's exercise of its authority pursuant to this Ordinance, a permit, or
other applicable law, unless the same shall be caused by criminal acts or by willful gross
negligence. Nothing herein shall be construed as a waiver of sovereign immunity.
Section 9. EFFECTIVE DATE. The provisions of this Ordinance shall become effective
upon adoption.
PASSED this __ day of
· 2000, on first reading.
PUBLISHED this day of
,2000, in
PASSED AND ADOPTED this
reading.
__ day of
, 2000, on second and final
Offered by:
Seconded
Roll Call:
Mayor Gary L. Peterson
Patti Muscovitz, Deputy City Clerk
31
CITY COUNCIL LETTER
Meeting of : NOVEMBER 13, 2000
AGENDA SECTION: ORDINANCES & RESOLUTIONS
ITEM: ESTABLISHING AMOUNT OF ASSESSMENTS
TO BE LEVIED
NO:
ORIGINATING DEPT.:
ASSESSING
BY: Jane Gleason
DATE: 11/7/2000
CITY MANAGER
APPROVAL
Consistent with Minnesota Statutes and the City Code, the City Council
annually adopts a resolution prior to the Special Assessment Public
Hearing regarding costs to be borne by the City for public improvement
projects. The resolution establishes the amount of the City share and
the amount of the special assessments for projects to be levied against
benefitring properties in the City of Columbia Heights. The purpose of
the resolution is to advise the general public of costs to be incurred by
the City versus costs to be incurred by benefitting property owners.
Adoption of the resolution is basically a routine matter in order to
comply with State Statutes and the City Code. Staff recommends adoption
of the attached Resolution.
RECOMMENDED MOTION: Move to waive the reading of the Resolution,
there being ample copies available for the
public.
RECOMMENDED MOTION: Move to adopt Resolution 2000 75: Being a
Resolution Establishing Amount of City Share
and Amount of Special Assessments on Projects
to be Levied.
COUNCIL ACTION:
jg\pirfund\councillevyltr
RESOLUTION NO. 2000 - 75
BEING A RESOLUTION ESTABLISHING AMOUNT OF
CITY SHARE AND AMOUNT OF SPECIAL ASSESSMENTS
ON PROJECTS TO BE LEVIED
WHEREAS, the City Council of the City of Columbia Heights by motion on the 25th day of September,
2000, ordered a special assessment hearing to levy the cost of improvements and
WHEREAS, the following projects will be specially assessed on November 20, 2000, and a portion of the
construction costs may be borne by the City,
NOW, THEREFORE, BE IT HEREBY RESOLVED, pursuant to Minnesota Statutes 429.061, and City
Code 4.103, that the breakdown is as follows:
PROJECT
Street Construction
Partial Street Construction
Mill and Overlay
Seal Coat Streets in Zone 4
General, Utility Funds
Passed this 13th day of November, 2000
Offered by:
Seconded by:
Roll Call:
CITY OF
HILLTOP
$1,332.00
ESTIMATED
CITY PORTION
$100,597.89
$ 41,242.58
$13,880.82
$12,480.15
$559,665.00
ASSESSED
PORTION
$113,398.75
$ 83,982.50
$101,010.00
$ 98,908.75
ESTIMATED
TOTAL
$213,996.64
$125,225.08
$114,890.82
$112,720.90
$599,665.00
Mayor Gary L. Peterson
Patty Muscovitz, Deputy City Clerk
CITY OF COLUMBIA HEIGHTS
AGENDA SECTION:
NO:
Meeting of: November 13, 2000
'~ - C ~ I ORIGINATiNG DEPARTMENT: CITY MANAGER
Community Development APPROVAL
BY: Kenneth R. Anderson
DATE: November 1, 2000
Consider ofl~r to purchase 4656 Monroe Street N.E. by Williams Design and Construction,
ITEM: Offer to Pumhase 4656 Monroe
Street N.E.
ISSUE STATEMENT:
Inc. for $16,000.
BACKGROUND/ANALYSIS: City ofColumbia Heights is the current owner of4656 Monroe StreetN.E. which is in
the R-1 Zoning District. The lot size is 82.85 by 134.05 feet for a total square footage of approximately 11,I06 square
feet. The lot fronts on 4Th Avenue N.E. and includes some mature trees. In the recent past, this lot had been held for
consideration to relocate the single family structure at 4157 Jackson Street (Ostrander home) to the site, however, this
will not be cost effective. Williams Design and Construction is proposing to construct a home in general accordance
with the attached plans which show a single family structure of 24 feet by 44 feet with an attached garage of 22 feet by
22 feet. The proposed home foot print is 960 square feet with the proposed garage measuring 484 square feet. The
proposed home will be of a split entry design with a living room, dining room, kitchen, bath, and two bedrooms in the
upper level and future recreation room, two future bedrooms, future bath, and utility room shown on the plans for the
lower floor plan. We have attached copies of the elevation drawings and site plan. The floor plans will be available at
the meeting for your review. Mr. Williams noted that they built a home at 685 46 V2 Avenue N.E. in 1997 and early
1998. You'll note from their proposal letter of October 20, 2000 they would like to start construction this fall if the
offer is accepted. The sale of the property by the City of Columbia Heights requires a first and second reading and
becomes effective 30 days after the date the Ordinance is adopted. The Anoka County Assessors office shows an
estimated market value for taxes payable 2001 of $31,300 for this property.
The options available to the City Council are to accept the purchase offer subject to the applicant complying with the
terms of our standard Sale and Development Agreement. The second option would be to propose a counter offer in a
higher amount closer to the estimated market value set by Anoka County. A third option would be to publically
advertise the sale of this property and to accept the ofl~r which meets the criteria established by the City Council. In
addition to the purchase price, in the past the Council has also been concerned about the quality, design, and
construction value of the home to be built on the property.
The Assessor's appraised value appears to be substantially above this oft~r. As the Council is aware, we have sold these
vacant lots to developers in the past as they have approached us with requests. However, this ofi~r is low, given that the
property is so large.
RECOMMENDED MOTION: Move to deny the offer to purchase 4656 Monroe Street N.E. submitted by Williams
Design and Construction, Inc.
RECOMMENDED MOTION: Move to authorize staff to seek bids for the sale of property at 4656 Monroe Street N.E.
Attachments:
COUNCIL ACTION:
H:\consent\Ofl~r to Purchase 4656 Monroe St
YOUR REAL ESTATE NEEDS
CUSTOM BUILT -QUALrn' HOMES
B.L. tt4245
WILLIAMS DESIGN
& CONSTRUCTION, INC.
//~~ ~>
19087 1801'8 AW, NUE
BIG LAKE, MZN 55309
(612) 263-749(}
WILLIAMS DESIGN
&
CONSTRUCTION, INC.
YOUR REAL ESTATE NJeZ, D - CIJ~IOM lit JILT - QUALITY HOMES
Bus. 763-263-7490
19087 Ig0rHAVE.
BIG LAKE. MN 55309
?:FI 25-T0-2:1 43 -0097
;{arne CZT',' ,3F ':CL'.'.'ICZ.',
Lo~ A.Jdrass 4655 MONROE ST
Lo~ Oascr 32.35 X 134.05
line Zoning Zone Zn~o I a-I Residential Slngle Family
Street Feet
S~reet Feet
Avenue Feet
Avenue Feet
NS Alley Feet
SW Alley Feet
Footage 1
Footage 2
Lot 3q. Fee:
0.000
83 0DO
177 000
0 000
0 O00
0 OoO
0 000
0 OO0
lllOS.O00
on MONROE ST
on 47TH AVE Pla~
on MONROE 3T Block
on Lot
on Street Side
on Optionl
on TOR/ABS
on HOUSE ~
on
0
35170
9
Even
Special Rule 1 Olvision Date
Special Rule 2 Combine Date
ESC--E;</t PgDn-Next FI-Help F3-Page 2 Fl0-Oele:e
PgUp--Prev F2-Menu
Attached:
Customer(s)
PIN B6-30-24-43-0097
Name CITY OF COLUMBIA HEIGHTS
Let Addreee ~B~___ %ROE 6T
Lot Descr ~5 X 134
Zone . Zoning Zone Info
Property Screen
Assessments
Status I Regular Unite 0.000
Permit Number 0 Year 0
Segment Number 26270
I R-! Residential Single Family
Street Feet O.O00 on NONROE ST 0
Street Feet 83.000 on 47TH AVE Plat 35170
Avenue,Feet 177.000 on MONROE ST Slock
'Avenue Feet 0o000 on Lot 9
~NS Alley' Feet 0.000 an Street Side Even
!EW Alley Fee~ O.O00 on OpElan1
iFoa~age i 0.000 on TOR,.,'ABS
Footage 2 0.000 on HOUSE ~
Lo~ Sq. Feet 11106.000 on
Special Rule 1 Division Oate
Special Rule 2 Combine Oate
ESC-Exit PgOn-Naxt Fl-llelp
PgUp-Prev F2-Manu
F3,~Page 2 FlO-Oelete
Property Screen
Art. ached: Customer(s) Assessments
PIN 26-30-2~-,13-0097 S~atu': 1 Regular Units 0.000
0
Name CITY OF COLUM01A HEIGHTS Permit Number 0 Year
Lot Ad~res's 4655 MOHROE ST Segment Number 26270
Lo~ Descr 82,85 X 134.05
...0 .,o., .,00..,_:. ,..:., .:: :.:.: :..... ,,o...7,,~ :: ..:.., 70. :: ": ':%:~_:'" 7: ................... "
STORM WATER RUNOFF
CANNOT PASS 0 0
~')
STATE OF MINNESOTA
DEPARTMENT OF COMMERCE
BUILDER
CORPORATION
W~4~ DESION CONSTR I14C
fL
./
F¸ p
CITY COUNCIL LETTER
AGENDA SECTION: Items for Consideration
ITEM: Conditional Use Permit
NO: Case# 2000-1127, 4000 6'h StTeet NE
ORIGINATING DEPT.:
Community Development
BY: Tim Johnson
DATE: November 7, 2000
Meeting of: November 13, 2000
CITY MANAGER
APPROVAL
Issue Statement: Allen Rue has proposed to open the Hy-Lander Drive-In, in the former A & W building currently vacant at
4000 6lh Street NE. The Hy-Lander Drive-In will provide service to vehicles from existing drive-in lanes and will also take
orders at a walk up window for take out. The business will be open seasonally from approximately April to October.
Backtroun~l: TheformeruseofthepropertywasanA&WDrive-Inrestaurantpriortoitsclosurein1997.
Analysis: Acc~rdingt~Secti~n9~~~3(2)~ftheRetai~BusinessZ~ningRequirements;aCUPisrequiredf~radrive-in
business in the Retail Business (RB) Dish'ict. Subject to the following requirements:
Hours of operation shall be confined to the period between 10:00 a,m. and 1:00 a.m. for those serving food or drink.
The proposed hours of operation are approximately 10:30 am to ] l .'00 p.m. Monday through Sunday, which meets
requirements.
The entire area shall have a drainage system approved by the City Engineer. The City Engineer has reviewed this
proposal and has no concerns as this lot is existing and there are no surface or grade changes proposed
The entire area other than that occupied by the structure or planting shall be hard surfaced. The entire lot is currently
hard surfiiced and has been proposed to be resealed and re-striped. meeting requirements.
A box curb located at least six (6) inches above grade shall separate the public walk from the lot except at approved
entrances or exits. Box curbing should not be required as the majority of the lot currently has unrestricted access onto
40'~' Avenue and 6~h Street. Staff would not recommend to install box curbing in front of the building along 40'h Avenue
as this' would restrict walk up access to the business.
The lighting shall be accomplished in such a way as to have no direct source of light visible from public right-of-way
or adjacent residential use. The applicant is not proposing any new lighting on site other than canopy lighting.
Staff has reviewed Section 9.104(3)(f) of the Zoning Ordinance which addresses non-conforming uses, and has determined
that the existing structure is non-conforming, but the former use and the proposed use of the structure conform to the Retail
Business (RB) District. The applicant is not proposing any structural changes to the exterior of the building. However, there
will be some exterior enhancements made to the building as they pertain to redesign and interior remodeling. The applicant is
proposing to repair the roof, renew the canopy lighting, replace the front sidewalk. seal-coat and re-stripe the driveway, and
repair broken curb. 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. However, the drive-in proposed doesn't have interior seating. There are currently
no off-street parking requirements for drive-in restaurants. From the site plan proposed, there will be nine (9) drive-in service
lanes. There is an existing privacy fence on the property line that currently buffers the adjacent residential property to the
north of this parcel.
Recommendation: The Platoring and Zoning Commission held a Public Hearing for the request on November 8, 2000.
They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the conditions listed
in the recommended motion.
Recommended Motion:
Move to approve the Conditional Use Permit to allow the operation of the Hy-Lander Drive-In at 4000 6th Street NE to,
subject to the following conditions:
All required state and local codes, permits, licenses and inspections will be met and in full compliance.
The existing freestanding sign on the west side of the lot must be removed as it is non-conforming. All future signage
must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance.
Staff would recommend to post no parking signs along 40t" Avenue for the drive-in spaces to continue to have direct
access to 40th Avenue without being blocked in by parked vehicles. Subject to City Engineer final review.
5.
6.
7.
Solid waste material shall be so located and fenced as to be removed from public view or shall be kept in an enclosed
building,
Hours of operation shall be confined to the period beb,veen 10:00 a.m. and 1:00 a,m.
Lighting shall be accomplished in such a way so as to have no direct source of light visible from the public right-of-
way or adjacent residential properties.
Prior to opening, completion of any repairs deemed necessa~ by City Building Official.
Attachments,' Staff Report; Completed application form; Site Plan; Narratives; Menu; Survey; and Public Notice
COUNCIL ACTION:
Case: 2000-1127
Page: 1
Case #:
STAFF REPORT TO THE PLANNING AND ZONING COMMISSION
FOR THE NOVEMBER 8~ 2000 PUBLIC HEARING
2000-I127
GENERAL INFORMATION
Myron & Harriet Getter
3409 33rd Avenue NE
Mpls, MN 55418
Owner:
Address:
Phone:
Parcel Address: 4000 6TM Street NE
Zoning: RB, Retail Business
Comprehensive Plan: C - Commercial
Applicant: Allen Rue, Mike Clairmont
4128 6:h Street NE
Columbia Heights, MN 55421
(612) 618-204l
Surrounding Zoning
and Land Uses:
Zoning
North: RB
South: RB
East: RB
l, Vest.' RB
Land Use
North: Residential
South: Commemial
East: Commercial
West.' Comnaercial
·, BACKGROUND
// Exlglanation of Request.' ""'
This is a request for a Conditional Use Permit to open the Hy-Lander Drive-In, in the former A ~
& W building currently vacant at 4000 6th Street NE. The Hy-Lander Drive-In will provide
service to vehicles from existing drive-in lanes and will also take orders at a walk-up window for
take out. The business will be open seasonally from approximately April to October
\ _f
Case Historv:
The only case history on the property was a sign variance that was denied in 1987.
ANALYSIS
Surroundin.e Prot2ertv.'
The surrounding property on the south, west and east is zoned RB, Retail Business and is used
Case: 2000-1127
Page: 2
commercially. The property to the noah is zoned commercial and is zoned residentially.
Technical Review:
The subject property is zoned RB, Retail Business District, and Section 9.113(2) of the Columbia
Heights Zoning Ordinance requires a Conditional Use Permit for a drive-in business in the RB
District. Subject to the following requirements:
Hours of operation shall be confined to the period between 10:00 a.m. and 1:00 a.m. for
those serving food or drink. The proposed hours of operation are approximately 10:30
a.m. to l O: 30 p. m. Monday through Sunday. This proposal meets requirements.
The entire area shall have a drainage system approved by the City Engineer. The Ci.ty
Engineer has no concerns as this lot is existing and there are no surface or grade
changes proposed
The entire area other than that occupied by the structure or planting shall be surfaced with
a material which will control dust and drainage to the approval of the City Engineer. The
entire lot is currently hard surfaced which meets this requirement.
A box curb at least six (6) inches above grade shall separate the public walk from the lot
except at approved entrances or exits. Box curbing or zero lot line landscaping would not
be required as the majority of the lot currently has unrestricted access onto 40th Avenue
and 6th Street. Staff would not recommend to install box curbing in front of the building
along 40th as this would restrict walk up access to the business.
The lighting shall be accomplished in such a way as to have no direct source of light
visible from the public right-of-way or adjacent residential use.
Minimum Yard and Density Requirements are as follows:
Lot frontage shall be a minimum of forty (40) feet and lot width shall be a minimum of
fifty (50) feet - The subject parcel has approximately 129feet of lot frontage and width
on 40th Avenue.
No structure shall exceed three (3) stories or thirty-five (35) feet whichever is lesser - The
existing structure is well under this requirement at approximately fifteen (15)feet.
No building shall be erected within ten (10) feet of any alley abutting the narrowest width
of the lot - The e?cisting building meets this requirement.
Minimum lot area shall be 6,000 square feet - The existing parcel is 5,184 square feet
falling short of the requirement. However, the lot is considered legal non-conforming and
is considered 'grandfathered '.
Front Yard Setback shall be fifteen (15) feet - The existing structure is approximately 2.4
feet from the front property line. However, the structure is considered legal non-
conforming as long as the structure is not added onto.
Side Yard Setback shall be 0 feet - The closest Side Yard Setback is 6.4feet from 6'h
Street which meets requirements.
· Rear Yard Setback shall be ten (10) feet - The existing building is approximately 18feet
from rear property line which meets requirements.
The floor area ratio shall not exceed 1.0 - the building has a O. 07~oor area ratio which
meets requirements.
Case: 2000-1127
Page: 3
The applicant is not proposing any stmcturaI changes, however there will be exterior
enhancements made to the building as they pertain to redesign and remodeling. The applicant is
proposing to repair the roof as well as renewing the canopy and its lights. Visual improvements
would include replacement of front sidewalk, seal coating the existing driveway, as well as
building and directional signage. The proposal would include repair of broken curb and
pavement, along with seal-coating and re-striping. There is an existing privacy fence that sits on
the rear of the property which satisfies the ordinance for buffering residential properties from
commercial properties.
Parking requirements for a restaurant are at least one space for each three seats based on capacity
design. However, the drive-in proposed does not have interior seating, so it would be exempt
from this requirement. From the site plan proposed, there will be nine (9) drive-in service lanes.
There are currently no off-street parking requirements for drive-in restaurants.
Staff has spoken to Public Works regarding existing access directly onto 40Ih Avenue for the
proposed business. Public Works has no issues as all of the drive-in spaces ofA & W formerly
had direct access onto 40~h Avenue and the new proposal will utilize the same pattem (Refer to
site plan).
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 dumpster on the noah west comer of the lot which The Hy-Lander Drive-In
will continue to use. They will be required to fence the dumpster. The Site Plans submitted also
sho~v lighting on site to remain as is, with proposed lighting under the canopy to be repaired for
the walk up window. The current Zoning Ordinance does not address minimum landscaping
standards for existing commercial sites.
Com,oliance with City Comprehensive Plan:
The City Comprehensive Plan designates this area for future Commercial development. One
goal of the Land Use and Redevelopmerit Plan is to improve the commercial viability of the 40th
Avenue corridor while protecting nearby residential neighborhoods, and the Plan promotes the
rehabilitation of existing development land in the City. The proposal should not negatively
impact any adjacent residential areas and will provide an appropriate reuse of an existing
commercial drive-in building. The proposal seems consistent with the City Comprehensive Plan.
Summary:
The positive aspects of this proposal are as follows:
The proposal is consistent with the City Comprehensive Plan and minimum requirements
of the Zoning Ordinance are being met.
The proposed drive-in will provide an appropriate reuse of vacant commercial space.
Case: 2000-1127
Page: 4
Staff has reviewed Section 9.104(3)(f) of the Zoning Ordinance which addresses non-
conforming uses, and has determined that the existing structure is non-conforming, but
the former use and proposed use of the structure conform to the RB District.
The negative aspects of this proposal are as follows:
The lot is non-conforming as it is less than 6,000 square feet in size. Because of the lot
size, the proposed drive-in use in severely restricted at this site.
The existing building is non-conforming as it relates to setbacks. However, the applicant
has not proposed to add onto the existing structure. Future additions would not be
possible due to the lot size.
0, CONCLUSION
Staff recommends approval of the Conditional Use Permit to allow for the Hy-Lander DriveAn
\\, r
· to be no major concerns.
Recommended A~lotion:
Move to reco~end City Council appro~p~he Conditional Use Petit to allow the operation
of The Hy-L~der Drive-In at 4000 6th i~ NE, subject to the Bllowing conditions:
1.All required state ~d local codes, perils, licenses ~d inspections will be met ~d in
full compli~ce.
2. The existing ~eestanding si~ on the west side of the lot must be removed as it is non-
confoxing. All future silage must be submitted on the City prescribed application fore
and must fully comply with the Zoning Ordin~ce.
3.Staff would recommend to post no parking si~s along 40th Avenue for the ~ve-in
spaces to continue to have direct access to 40th Avenue without being blocked in by
parked vehicles.
4. Solid waste material shall be so located ~d fenced as to be removed from public view or
shall be kept in ~ enclosed building.
5.Hours of operation shall be confined to the period be~een 10:00 a.m. ~d 1:00 a.m.
6.Lighting shall be accomplished in such a way so as to have no direct so~ce of light
Attachments:
Completed application fo~; Site Plans; Nasatires; Sample Menu; and Public Notice
0
Hy- der Drive Inn
Allen Rue
Mike Clairmont
Columbia Heights, MN 5542!
October 6. 2000
Columbia Heights City Hall
Columbia Heights, MN 55421
Dear City Council Members:
Thank you for your attention on this matter. Our goal is to bring back a nostalgic
American eating experience to the people of Columbia Heights and it's neighboring
Allen Rue is a fifth-generation Columbia Heights resident. Allen has sixteen years
of Hotel and Restaurant experience, including many management and supervisory
positions. Mike has ran a business for twelve years, he currently owns the Mike
Chirmont Trucking Company. The mother of Mike Clairmont owns the property
adjacent to the proposed business.
The business plans to renovate the site into a pleasant eating facility. Structural
improvements include repairing the inner and outer roof, renewing the canopy and
it's lights. Visual improvements include replacing the front sidewalk, seal coating
the driveway, and new sign depicting the company logo.
We plan our success by providing a menu with a wider selection, larger portions,
better appeal through the use of garnishes homemade and hand-made foods--
cooked to order. The restaurant will have appeal as well as consistency, while
maintaining cost effectiveness. Our food will be of a higher quality than most fast
food restaurants while maintaining good value and competitive prices.
The friendly service and atmosphere that was provided by the root beer stand, as
when we gew up, will once again enhance our neighborhood. It has been missed.
Again, thank vou for vour attention.
Sincerely.
Allen Rue~,]4.
Hy-Lander Drive Inn
Allen Rue
Mike Clatrmont
Columbia HeLlflits, MN 55421
October ! 8, 2000
Citv Council Members
Columbia Heights City Hall
590 40tb Avenue NE
Columbia Heights, MN 55421
RE: Addendthm to letter dated October 16, 2000
The tbllowing stipulations on khe original pm_~sal resttit from the meeting with Tim
Johnson (planning & zoning official) on October 16, 2000.
The hours of operation are as follows:
M-Th l 0:30AM- 10:00PM
F-Sat 10:30AM- 11:00PM
Sun 10:30AM- 9:00PM
Running season will begin and end as the season permits. Opening will occur as
early as April l, closing may occur as late as October 3 t, in any given year.
Hy-Lander Drive Inn will service up to nine drive-in customers at a time. The only
entrance to the parking stalls of the new establishment will be on 6th Street. Signs
and arrows will direct drive-in patrons to the entrance location. Drive-in customers
will exit onto 40th Avenue fi'om each stall (see attached site map for further detail}..
Sincerely.
Allen Rue~Z).
M~e C!airmont
CITY OF COLUMBIA HEIGHTS
Application For:
Rezoning
Variance
Privacy Fence
Conditional Use Permit
Subdivision Approval
Site Plan Approval
Other
Application Date:/Q--/~--O0
Case No: (jYO00 '//jq
Pee:; ZO. ao Date Paid/O '/~- ~0
Receipt .o:
Street Address of Subject Property=
5HgJeCT TO Co~b~lo~Ab.
Applicant: 4.
~ame. P~c~-e~ b. R~4F
Address.. q/2g b't'4
Description of Request: NOM- COnFOrM I~&
~L ~Z ~N~ 0
S-r~uc'-ru tZg --
'rf2A-Fr--tC._
Zoning:
Applicable City Ordinance Number
Present Zoning
Present Use
'7.~ Reason for Request:
Section
Proposed Zoning
Proposed Use
PRO UID[ /4,~
S Cz,,ar,S o/vA C
8. Exhibits Submitted (maps, diagrams, etc.)~P OP
Acknowledgment and Signature: The undersigned hereby represents upon all of the
penalties of law, for the purpose of inducing the City of Columbia Heights to take the
action herein requested, that all statements herein are true and that all work herein
mentioned will be done in accordance with the Ordinances of the City of Columbia Heights
and the laws of the State of Minnesota.
Taken By:
CITY OF COLUMBIA HEIGHTS
590 40th AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806
PLANNING AND ZONING COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council
Chambers of City Hall, 590 40th Avenue NE, at 7:00 PM on Wednesday, November B, 2000. The order of business
is as fogows:
A request for a Conditional Use Permit to allow for the former A & W Drive-in to be reopened as
the Hyfander Drive-in business in the vacant building located at 4000 6th Street N.E.
Section 9.113(2)(i) of the Retail Business Section of the Zoning Ordinance requires a Conditional
Use Permit for Drive-in businesses.
For questions you may contact Tim Johnson, City P~anner, at 763-706-3673.
Planning and Zoning Commission
CITY OF COLUMBIA HEIGHTS
Walt Fehst
City Manager
jh
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or
treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to
allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities.
Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in
advance. Please call the City Council Secretary at 706-3611 to make arrangements. (TDDIT06-3692 for deaf or
hearing impaired only.)
Novmnber 13, 2000
Terry Troy
Columbia Heights Transition Block LLC
325 Cedar Street
St. Paul, MN 55101
Letter of Intent to Sell
4156 Central Avenue NE, Columbia Heights
PIN #353024140091
Dear Mr. Troy:
I am writing to state my intent to sell the above property to Columbia Heights Transition
Block LLC, according to the following terms and conditions:
1. Purchase price of $150,000, which includes a $20,000 payment in lieu moving expense
business relocation claim.
2. Taxes and specials are prorated to closing.
3. The closing date is 'Dr, e. ~- ~ ~ ?- ~ o
4. The possession date is ~)~,l~ ~,c~ ~rre a~.,it~.f.m~ p,.,t,4~t,..e-~
5. The property is sold "as is".
6. There are no tenant leases currently in effect.
7. The purchase is contingent upon City approvals.
I am in receipt of the Purchase Agreement with additional terms and conditions. The
purchase agent will be reviewed by my attorney.
The purpose of this letter is to set forth my intent to sell the property and to demonstrate
"site control" by Columbia Heights Transition Block LLC, so that the City planning
process may proceed in an orderly manner to remove the City approval process condition.
· Allen Rue
· Mike Clairmont
· 4128 6s St NE
· Columbia Heights, MN 5542 !
· 612..618-2041
November 12, 2000
City Council Members
Columbia Heights City Hall
590 40a' Avenue hIE
Columbia Heights, MN 55421
RE: Explanation of structural and visual !mprovements
Dear City Council Members,
The zoning and planning committee on 11/6/00 requested the following itemized list of
structural and visual improvements.
Sanitary area:
replace A/C cover
replace exhaust vent
repair fiat tar pitch roof
repair and re~ni~ canopy
replace o~stomer lighting
replace eight damaged concrete sidewalk slabs on front walkway
replace siding on all exterior walls
replace outer customer counter surface with food grade surface
replace entrance signal sign
encourage neighborhood atmosphere with refinished bike rack
repair and paint fence
seal coat entire driveway
repair and paint fence
provide waste service
The Hy-lander Drive Inn seeks to restore a nostalgic American eating experience to the city
of Columbia Heights. The drive-in restaurant has been a staple of Cohmbia Heights since
1952. We are longtime residents of Columbia Heights; we hope to continue to work with
City Officials to restore this vital part of Columbia Heights history.
Sincerely,
Allen Rue
Mike Clairmont
Building Inspection Department
City of Columbia Heights
MEMO
Date: November 13, 2000
To: Walt Fehst, City Manager
Mayor and City Council ~;
From: Mel Collova, Building Official
I have conducted an inspection of the property at 4000 N.E. 6'h Street, the former A&W. The
results are as follows, but keep in mind the final decision on the proposed use as a restaurant lies
with the Anoka County Health Department:
1. The structure is in a usable condition.
2. The current restaurant equipment appears to be mostly NSF approved, Items not approved
by NSF will have to be approved by Anoka County Health Department.
3. The tile floor is an acceptable surface.
4. The wall and ceiling surfaces are to be replaced with surfaces approved by Anoka
County Health department.
5. The shed used for cold storage must be removed.
6. The walk up counter must be a maximum of 36 inches high (accessability).
7. There must be grab bars, and a single lever lay faucet installed in the restroom
(accessability).
8. The Water heater must be NSF approved.
9. The counters and work surfaces must be approved by the Anoka County Health
Department.
The final approval for food service is not the jurisdiction of the City of Columbia Heights and
must come from the Anoka County Health Department.
COLUMBIA HEIGHTS CHARTER COMMISSION
OCTOBER 19, 2000
7:00 P.M.
GAUVITTE ROOM, MURZYN HALL
CALL TO ORDER
The meeting was called to order by Vice President, Tami Ericson, at 7:10 p.m.
ROLL CALL:
Members present: Bill Antzaras, Charles Christopherson, Mel Collova, Tami Ericson, Jim Fowler, Ted
Landwehr, Clara Schmidt, Joe Sturdevant
Members absent and excused: Theresia Synowczynski, Janis Larson
Members absent and unexcused: Joel Cason, Michael Hartel, Brian Peterson, Tom Ramsdell
Also present: Carole Blowers, Recording Secretary
Note: Jim Hoeft, City Attorney; was absent due to illness.
APPROVAL OF MINUTES
Motion by Bill Antzaras, seconded by Jim Fowler, to approve the minutes of May 18, 2000, as presented.
Motion passed unanimously.
CORRESPONDENCE
The Recording Secretary reported the following correspondence:
Letter from the Chief Judge reappointing Janis Larson
Resignation letter received from Carol Crema Klein
Letter to Carol Crema Klein thanking her for her service
Letter from the Chief Judge appointing Joseph Sturdevant to the Charter Commission
Letter with signed oath of Joseph Sturdevant sent to the Chief Judge
Letter sent to Joseph Sturdevant welcoming him to the commission
OLD BUSINESS
Status of Commission Membership
Carol Crema-Klein has resigned. Joseph Sturdevant has been appointed as a new member.
Joel Cason and Brian Peterson's terms expired in October of 2000. Since neither one of them are here tonight,
they need to be contacted regarding their intentions and letters need to be done to the Chief Judge either way.
Continued Discussion of Chapters in the City Charter
Minutes from the May 18, 2000, meeting were reviewed so see where the commission left off on discussion of
various items. In doing so, the commission learned they am waiting for a proposed language change from the
City Attorney regarding special assessments. In May, the President had questioned the charter section on
"Franchises", and the city attorney was to advise if this section is overridden by state statutes or not.
Regarding Chapter 6, Section 53 (b), Commissioner Coilova stated he wished there could be team leaders
instead of department heads, and that he felt frustrated he could not make such a suggestion directly to the
council. Commissioner Collova was referred to Section 54, Departments of Administration.
Chapter 6, Section 56, regarding the $3,000 limit for City Manager's approval on purchases was again
discussed.. The Recording Secretary passed out Section 4.05 (pages 3-5) of the Procedure Manual pertaining to
"Purchasing". Commissioner Collova had requested this information previously. This information clearly
states when City Manager or City Council approval is needed for specific purchase amounts. The Recording
Secretary also passed out Section 471.345 of Minnesota State Statutes regarding the Uniform Municipal
Contracting Law which was also requested by Commission Peterson at the May meeting.
It was decided in further reviewing Chapters 8, 9, and 10, it would be important to have the City Attorney
present for his comments. As the City Attorney was not present tonight due to illness, these items will be
postponed for discussion at a future Charter Commission meeting.
Commissioner Landwehr suggested that perhaps the City Manager could be asked for his comments on areas he
feels the charter should be changed and/or invite him to a future meeting. It was agreed by members present
that this should be done.
NEW BUSINESS
Setting Date/Place of Annual Dinner Meeting
Discussion was held on the place for our annual dinner meeting in January. It was the consensus of the
members present to have Commissioner Antzaras contact The Shorewood for dinner meal pricing. Dates
decided upon were either Thursday, January 18; Friday, January 19; Thursday, January 25; or Friday, January
26. Commissioner Antzaras will contact the Recording Secretary with the information he obtains on the meals
available, costs, and room availability on those dates. The Recording Secretary will then inform members of
the date selected for this event.
The Vice President reminded members that there will be election of officers at our next meeting.
NEXT MEETING DATE
The next regular meeting is scheduled for Thursday, January 18, 2001, at 7 p.m. at Murzyn Hall. However, it
will depend upon what date is selected for our dinner meeting, based on availability at The Shorewood.
ADJOURNMENT
Motion by Clara Schmidt, seconded by Bill Antzaras, to adjourn the meeting at 8 p.m.
Respectfully submitted,
Carole J. Blowers
Recording Secretary
Page 2 of 2 Pages
October 19, 2000