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HomeMy WebLinkAboutJune 11, 2001 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. colurnbia-heights.mn.us ADMINISTRATION June 8, 2001 M~vor Gary L. Peterson Councilmembers Marlaine Szurek Julienne Wyckoff Bruce Nawrocki Robert A. Williams 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, June 11, 2001 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 ail City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/APPOINT SECRETARY PRO TEM A. MOTION: Move to appoint Carole Blowers Secretary Pro-Tem 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 aRer 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 the next order of business.) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Minutes for Approval MOTION: Move to approve the minutes of the May 14, 2001, regular City Council meeting as presented. MOTION: Move to approve the minutes of the May 29, 2001 regular City Council meeting as presented. 2) Approve Condition Use Permit No. 2001-0611, at 4747 Central Avenue MOTION: Move to approve the Conditional Use Permit to allow the placement of a 40 by 60 foot tent for the display and sale of clearance memhandise at 4747 Central Avenue from June 15, 2001 through August 15, 2001, subject to the following conditions: 1. A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structures on the site. 2. Fire Department shall make site inspection once tent is erected to verify compliance with Fire Codes. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS Of DISABILITY IN EMPLOYMENT OR THE PROVISION Of SERVICES EQUAL OPPORTUNITY EMPLOYER City Council Agenda June ! 1, 2001 Page 2 of 3 3) Adopt Resolution No. 2001-38, being a Resolution approving a lot split of the property at 3855 Main Street MOTION: Move to waive the reading of Resolution No. 2001-38, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2001-38, being a Resolution approving a lot split of the property at 3855 Main Street NE. 4) Approve Rental Housing License Applications MOTION: Move to approve the items listed for rental housing license applications for June 11, 2001. 5) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for June 11, 2001 as presented. 6) Approve Payment of Bills MOTION: Move to pay the bills, as listed, out of the proper fund. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations-none B) Presentations 1) 2001 Humanitarian of the Year Award to Wally Logacz 2) 2001 Chief Merle Glader Scholarship - to Kelly Vaughn, daughter of Steve & Jo Ann Vaughn. 3) Certificate of Achievement to Immaculate Conception 8th Grader Natalia Kushner for her essay on Non-Violence in our schools. C) Introduction of New Employees - none D) Recognition - none 6. PUBLIC HEARINGS A) Close the Public Hearing for Revocation/Suspension of Rental Housing License at 3933-3935 Ulysses Street MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Oevering Oranzo regarding rental property at 3933-3935 Ulysses Street in that the property is in compliance with the Residential Maintenance Code. B) Rental Housing License Revocation for 228 40th Avenue. MOTION: Move to waive the reading of Resolution No. 2001-43, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2001- 43, being a Resolution of the City Council of the City of Columbia Heights approving Revocation pursuant to Ordinance Code section 5A.408(1) of the Rental License held by Robert Mikulak regarding property at 228 40th Avenue. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions -none B) Bid Considerations - none City Council Agenda June 11, 2001 Page 3 of 3 C) Other Business 1) Approval of Engagement letter with HLB Tautges Redpath, LTD for Audit of 2001 MOTION: Move to authorize the Mayor and City Manager to enter into a four-year agreement with HLB Tautges, Redpath, Ltd. for auditing service at a rate not to exceed a three pement increase per year over their current 2000 year auditing rate. Authorize an additional payment of $3,000 in the year GASB 34 is implemented. 2) Appoint "Free To Be!" Board of Directors Representative MOTION: Move to appoint as a representative to the "Free To Be!" Board of Directors. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager 1) Upcoming Work Session Items B) Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the June 5, 2001 Planning and Zoning Commission 10. CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT Walter R. Fehst, Cit~ hTlana~er ~ WF/pvm OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MAY 14, 2001 The regular meeting of the City Council was called to order at 7:00 p.m. on Monday, May 14, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. CALL TO ORDER/ROLL CALL Present: Councilmembers Williams, Szurek, Wyckoff, Nawrocki and Mayor Peterson PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested item 7-A-2 be moved to the end of the agenda in anticipation of a lengthy discussion. Peterson stated it would be left in the proper sequence. Peterson stated it was a sad day for the City of Columbia Heights, as a mother and her eleven year old daughter died in a tragic house fire. The Fire Department did their best, but were unable to save them. Peterson expressed sympathy to former Council Secretary Joanne Student on the loss of her daughter-in- law. CONSENT AGENDA Nawrocki requested Items 4, 5, and 7 be removed from the Consent Agenda. Wyckoffrequested Item #6 be removed from the Consent Agenda. A) MOTION by Nawrocki, second by Wyckoffto approve the Consent Agenda items as follows, with the exception of items 4, 5, 6 and 7: 1) Minutes for Approval Motion to approve the minutes of the April 23, 2001, regular City Council meeting and the minutes of the April 17, 2001 special City Council meeting, as presented. 2) Acceptance of the 2000 Comprehensive Annual Financial Report and the Independent Auditors Report from HLB Tautges Redpath, Ltd. Motion to accept the 2000 independent auditors report from HLB Tautges Redpath, Ltd. including the Comprehensive Annual Financial Report and Management Reports for the City of Columbia Heights and the EDA. Motion to direct staff to follow up on the auditor's recommendations and to report back to the City Council on a quarterly basis regarding the implementation of the auditor's recommendations. Nawroctd stated his regret that only one hour was spent reviewing this document. He felt if the 0 results of last year finances were known, it would not have been necessary to levy al O% tax increase. 3) Award bid for sale of 1967 Pirsch Fire Pumper Motion to award the bid for the 1967 Pirsch Fire Pumper based on the bid received from Brad Krull for $2,600; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Ciw Council Minutes May 14, 2001 Page 2 of 10 Nawrocki stated that staff did an excellent job getting out the information that the truck was available for bids, and therefore removed any thought of favoritism. 4) Award bid on refinishing wood floor in Murzyn Hall REMOVED 5) Approve Reappointment of Steve Johnson to the Planning and Zoning Commission REMOVED 6) Appointment of members to the Downtown Master Plan Advisory Task Force REMOVED 7) Authorize Permits for 2001 Jamboree REMOVED 8) Award of Bituminous Surface Milling Motion to award the project to Mill Bituminous Surface to Midwest Asphalt Corp. of Hopkins, Minnesota, based upon their low, qualified, responsible quote in the amount of $1.25 per square yard for a total cost not to exceed $18,750.00, to be appropriated from Fund 415-50101-5130; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 9) Consideration of Joint Powers Agreement with City of Hilltop for cost sharing of Corporate Limit streets included with Zone 5 Street Rehabilitation Works. Motion to approve a Joint Powers Agreement with the City of Hilltop for cost sharing of Corporate Limit streets included with Zone 5 Street Rehabilitation Work; and, authorize the Mayor and City Manager to enter into an agreement for the same. Fehst stated the agreement is cost plus up to 20percent for administrative costs, l'Vyckoff clarified that Hilltop is paying the entire amount for their street improvements. I0) Accept the engineering reports for the 3900 block of Van Buren and 40th Avenue and McKinley intersections and Authorize the preparation of Plans and Specs for Stormwater Piping Replacement on 40th Avenue Motion to accept the engineering reports (2) for 3942 Van Buren and the intersection of 40th Avenue and McKinley Street. Motion to authorize City Staff to perform the short-term improvements on 40th and McKinley identified as "a-d", in the corresponding Council letter. Motion to authorize the preparation of plans and specs for 40th and McKinley for the replacement of 24 and 48- inch storm sewer on 40th Avenue. Nawrocki questioned the estimated cost for replacement of the 24 inch and 48 inch storm sewer pipe replacement. Kevin Hansen, Public Works Director, indicated the fee wouM be $35, O00 for both. 11) Adopt Resolution No. 2001-37, being a Resolution authorizing application for a DNR Grant for Storm Water Mitigation Improvements Motion to waive the reading of Resolution No. 2001-37, there being ample copies available to the public. Motion to adopt Resolution No. 2001-37, authorizing the Public Works Director to apply for DNR Grant Assistance Program Funds for 3942 Van Buren Street and designating the Director of Public Works as the primary contact for the program. City Council Minutes May 14, 2001 Page 3 of 10 RESOLUTION NO. 2001-37 BEING A RESOLUTION TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF NATURAL RESOURCES GRANT ASSISTANCE PROGRAM FOR FUNDS FOR STORM WATER RELATED IMPROVEMENTS AND DESIGNATE THE DIRECTOR OF PUBLIC WORKS AS THE CITY'S PRIMARY CONTACT WITH THE DNR BE IT RESOLVED that the Director of Public Works, hereinafter referred to as "Authorized Official" act as legal sponsor for the project contained in the Flood Damage Reduction grant Assistant Program Application submitted on May 14, 2001, and that Authorized Official is hereby authorized to apply to the Minnesota Department of Natural Resources, hereinafter referred to as "State", for funding of this project on behalf of the Applicant. BE IT FURTHER RESOLVED that the Applicant has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure adequate acquisition, maintenance and protection of the proposed project. BE IT FURTHER RESOLVED that the Applicant has not incurred any construction costs or has not entered into any written agreements to purchase property proposed by this project. BE IT FURTHER RESOLVED that the Applicant has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED THAT UPON APPROVAL OF THE APPLICATION BY THE State, the Authorized Official may enter into an Agreement with the State for the above-referenced project and that the Applicant certifies that it will comply with all applicable laws and regulations as stated in the contract agreement. NOW, THEREFORE, BE IT RESOLVED that the Director of Public Works is hereby authorized to execute such Agreements as are necessary to implement the project on behalf of the Applicant. Dated this 14th day of May, 2001 Offered by: Nawrocki Seconded by: Szurek Roll Call: Williams-aye, Szurek-aye, Wyckoff-aye, Nawrocki-aye, Peterson-aye Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk 12) Approve Business License Applications Motion to approve the items as listed on the business license agenda for May 14, 2001 as presented. 13) Approve Payment of Bills Motion to approve payment of the bills, as listed, out of the proper fund. Upon Vote: All ayes. Motion carried. Item #4 Award bid on refinishing wood floor in Murzyn Hall Keith Windschitl, Recreation Director, and Brent Kehler, owner of Renewed Hardwood Floors, were present to answer questions. Nawrocki indicated he believed in maintenance, but would vote against refinishing the floor at this time as he felt there is still "life" in the floor. Williams asked the contractor City Council Minutes May 14, 2001 Page 4 of 10 what he felt was wrong with the floor. Brent Kehler indicated that dirt and sand have worn off the layers of urethane and the wood will begin to pock and mar. He stated that if the floor were only re-coated with urethane, it would just highlight the worn spots. Kehler recommended a light sanding and three coats of Glitza finish, followed by a yearly single coat of Glitza for maintenance. ~Villiams felt this was a good bid and it should be done. Kehler indicated yearly maintenance would be approximately $1,000. l'Vindschitl indicated that last year $2,400 was expended for the application of two coats of oil based urethane, l'Vyckoff asked if the other companies solicited recommended this procedure? PVindschitl indicated they had, and stated that $9,000 was budgeted for this project. MOTION by Szurek, second by Williams, to award the bid for refinishing the wood floor in Murzyn Hall to Renewed Hardwood Floors of 3406 Humboldt Avenue, Minneapolis, MN based on their low, qualified bid in the amount of $5,775.00, with funds being appropriated from the Murzyn Hall budget; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Upon Roll Call Vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - nay, Peterson - aye. Motion carried - 4 votes aye, 1 vote nay. Item #5 Approve Reappointment of Steve Johnson to the Planning and Zoning Commission Nawrocki indicated that he wouM abstain from voting as he felt all reappointments should be interviewed and others should be given a chance to serve on these boards and commissions. He stated that Mr. Johnson is very knowledgeable and an asset to this commission, but he would abstain from voting. MOTION by Williams, second by Szurek, to reappoint Steve Johnson to a four-year term on the Planning and Zoning Commission, with the term to expire April 1, 2005. Upon Vote: Williams - aye, Szurek aye, Wyckoff- aye, Nawrocki - abstain, Peterson - aye. Motion carried - 4 votes aye, 1 vote abstention. Item #6 Appointment of members to the Downtown Master Plan Advisory Task Force In answer to Wycko, f~ Fehst stated that Council did approve this as a long-term plan with possible townhomes along 40~ Avenue. Wyckoff stated the plan was not to buy up neighborhood homes. Fehst indicated that residents in this area requested that members of their neighborhood be appointed to the task force to review this plan. Fehst stated that the urban plan and the downtown plan were referred to on two pages of the Comprehensive Plan. Kay Stickler, 696 40~h Avenue NE, asked the purpose of adding members to the task force if the consultant would not be invited back to explain the plan. Wyckoff was hesitant to spend funds to have the consultant come back to talk to this group when new plans are possibly being considered, but liked having the residents involved. Peterson stated this motion is only to appoint additional members to the task force. Fehst stated this is only a plan, and there may be other options in the future. Karsten McKarthy, 4213 5th Street, felt there could not be a master plan for property the City does not MOTION by Wyckoff, second by Nawrocki, to appoint the following individuals to the Downtown Master Plan Advisory Task Force: Lrluretta Nelson, Sandy Sichak, Sue Trezona, Karen Gutkaes and Lisa Fisher. Upon Vote: All ayes, Motion carried. Item #7 Authorize Permits for 2001 Jamboree Nawrocki questioned why the Lions Club, who supports the Jamboree Parade, would be charged $100 per day to sell beer in the park for the Jamboree celebration. He stated that funds raised offset costs of the parade. Fehst stated he is attempting to discuss this with the club president, but normally these fees are waived. Hoer indicated the liquor license ordinance establishes fees for the sale of beverages away City Council Minutes May 14, 2001 Page 5 of 10 from the licensee's property, but Council can regulate the fee however they choose. Peterson indicated the Lions would need to apply for a waiver. Fehst will contact Bill Karol to fill out the appropriate paperwork. MOTION by Williams, second by Szurek, to authorize staff to close Jefferson Street for the time period from Monday afternoon, June 18, 2001 through Sunday, June 24, 2001. All ayes. Motion carried. MOTION by Williams, second by Szurek, to authorize the Police department to issue a parade permit for the Jamboree Parade to be held on Friday, June 22, 2001 at 6:30 p.m. for the following streets: Central Avenue at 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street, and 5th Street to Mill Street. All ayes. Motion carried. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Proclamation- Peace Officers' Memorial Day- May 15, 2001 Peterson read the proclamation. Police Chief Johnson stated that this year 313 new names of fallen officers were added to the Memorial Wall in Washington, D.C. There has been a 12percent rise in fatalities. Johnson indicated that being a Police Officer is the deadliest profession in America. He mentioned Officer Curt Ramsdell, a Columbia Heights Officer, who gave his life in the line of duty, and stated that his son, Tom Ramsdell, was present. Flags will be lowered honoring fallen officers. A ceremony, which will include the Governor, will be held at the Anoka County Courthouse honoring all officers who were killed in the line of duty. Nawrocki listed other Officers who had lived in Columbia Heights and who also gave their lives in the line of duty. Introduction of New Employees Chief Johnson introduced Police Officer Rob Harvey and Police Officer Jason Beckett, and gave the ceremonial sweating in. Peterson presented their badges. Johnson stated he is proud to have these new officers join our police force. There are currently two openings on our police force, and one officer has taken a leave of absence. Nawrocki stated that Chief Johnson was appointed second Vice-President of the State of Minnesota Chiefs of Police Association, and congratulated him. Presentations Peterson presented Robert Ruettimann, a clock for his 15 years of service on the Park and Recreation Advisory Board. Peterson acknowledged Mr. Ruettimann 's contribution to the Park and Recreation Advisory Board, the City Council, the Economic Development Authority, and the Boosters organization. Ruettimann thanked the Council for the opportunity to serve the community. PUBLIC HEARINGS - None ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions First Reading of Ordinance No. 1429, being an Ordinance Establishing a Heritage Preservation Commission. MOTION by Wyckoff, second by Szurek, to waive the reading of Ordinance No., 1429, there being ample copies available to the public. All ayes. Motion carried. City Council Minutes May 14, 2001 Page 6 of 10 MOTION by Wyckoff, second by Szurek, to establish Tuesday, May 29, 2001, at approximately 7:00 p.m. as the second reading of Ordinance #1429, Establishment of a Heritage Preservation Corntnission. All ayes. Motion carried. Wyckoff introduced Becky Loader, Library Director. Loader indicated the process to establish a Heritage Preservation Commission began in April of 2000. Information was gathered from the City Attorney and the State to create this ordinance, with the intention of preserving community information through pictures or words. Following Council direction, language was changed to require a 4/5th Council vote to pass a motion, and that residents or real property owners, such as first families could be members on the commission. Preservation interests were discussed. Loader stated that this commission would be advisory to the Council. Wyckoff referred to the restoration of the Heights Theater, the Sullivan house, and the Waterworks building. Wyckoff stated the nine volunteer members would meet quarterly. Second Reading of Ordinance No. 1428, being an Ordinance amending Ordinance No. 818 pertaining to Zoning and Development. MOTION by Szurek, second by Williams, to waive the reading of Ordinance No. 1428, there being ample copies available to the public. Upon Vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - nay, Peterson - aye. Jim HoeR, City Attorney, indicated the motion failed, as waiving the reading of an ordinance must be by unanimous vote. Fehst stated a special meeting could be called to read the ordinance. Nawrocki suggested the alternative of setting another televised work session for public and Council questions. Peterson stated previous dates this ordinance was discussed. Peterson asked how Council wished to handle this. Williams stated the ordinance could be read. Peterson suggested the reading be held at the Monday work session. Fehst stated he would be unavailable for that meeting, and that the Assistant to the City Manager, Linda Magee, would be present. Wyckoff questioned if Council needed to be present for the reading. Hoefi indicated the reading would have to be at a regular or special Council meeting. Szurek suggested scheduling an official meeting for Wednesday, May 23, as there is regular business scheduled for Monday's work session. Naworcki requested the reading be televised. Nawrocki again requested an additional work session to answer questions on the ordinance, stating he would possibly then be prepared to waive the reading of the ordinance. Peterson questioned if Nawrockt could guarantee this would be the last work session requested. Nawrocki feels it would be. Malcom Watson, former City Manager, stated that he read the previous zoning ordinance and felt it would be difficult to read because of the charts. He felt that where there were no major changes to the ordinance, it should not be necessary to read it. Nawrocki stated that he offered an alternative to reading the ordinance and he wouM like to finish the process begun on April 30th. Watson asked if Mr. Nawrocki's questions had been answered. Nawrocki indicated that some questions had been answered favorably, but some wouM be addressed by proposing amendments. Nawrocki stated he initially asked for a strike-out copy of the ordinance, or a sidebar document indicating changes to the ordinance. Nawrocki indicated that two residents requested the ordinance be read. He stated these methods of reading or reviewing the ordinance would allow openness in government. Watson stated that the City Newsletter carried highlights of the changes to the ordinance. Williams suggested that even though the reading the ordinance was a laborious job, it should be read to complete this process. Fehst stated that he requested a sidebar copy of the ordinance from staff, but that would take several weeks to do, and referred to the five page summary of changes given to Council. Peterson stated that there was no urgency in completing this ordinance, and he would like to review options and dates before continuing the process. Nawrocki stated that if the revision process were City Council Minutes May 14, 2001 Page 7 of 10 continued he felt it could be finished in one more session, and under that circumstance, with the option to offer amendments on the vote, he would vote to waive the reading of the ordinance. Peterson felt that possibly even with following this process, Nawrocki would still require the reading of the ordinance. Harold Hoium, 4321 5th Street, stated that on numerous occasions he has requested ordinances be read by the City Attorney, and felt all existing ordinances should also be read. He requested that new Police Officers recite the Constitution of the United States and of the State of Minnesota. Hoium stated that the public should vote on all ordinances. B) Bid Considerations C) Other Business 1) Budget Appropriation for Minnegasco Rate Increases Nawrocki requested department details as to how they will cover rate increases within the scope of their present budget. MOTION by Nawrocki that the City Manager be directed to work with Department Heads and come to Council with budget adjustments taking into account increased utility costs above the anticipated amount by reduction in line items for each department. Bill Elrite, Finance Director, stated that the recommended motion would be included as part of the budget process. He indicated that at present it is hard to determine the projections of under- expenditures, and would be more definable in September. Fehst stated the City is currently under- expended. Motion died for lack of a second. MOTION by Williams, second by Szurek, to direct staff to review the 2001 utility rate increases as part of the 2002 budget preparation to determine if there will be adequate under expending in the various funds to cover the rate increases, and to present this information to the City Council as part of the 2002 budget process. Nawrocki disagreed with delaying the process to the end of the budget year. Upon vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - nay, Peterson - aye. Motion carried, 4 ayes, 1 nay. Fehst agreed in substance, if not form, with Nawrocki, stating that if proposed Legislative Bills pass, the City will have to look at serious budget reductions. Variance Requests Case #2001-0507, 3954 Arthur Street NE Tim Johnson, City Planner, indicated this request is for two variances, a size variance of 760 square feet and height variance to 18feet. The Planning and Zoning Commission recommended denial of the size variance and approval of the height variance, as this would be in line with the proposed ordinance. Rich Abraham, 3954 Arthur Street, owner of the property, stated that he has a unique 22, 000 square foot lot. He stated that his proposed lot coverage would be 13 percent, and the maximum lot coverage is 30percent. Abraham referred to two other recently granted variances that had no hardship. He listed amenities that he has added to his property, including arrangements to replace the asphalt driveway. Abraham stated he has an easement and must share his driveway with his neighbor. He reminded Council that 13 people responded favorably and 3 negatively to the survey conducted by the City. City Council Minutes May 14, 2001 Page 8 of I 0 Ellen Zimmerman, 1916 40th Avenue, requested Council not approve the two variances. She was upset that all the trees were removed from this lot and concerned that a big structure adjacent to her lot would affect her property value. Zimmerman stated that about 3feet of fill was brought in and the owner is requesting a height variance. She presented a letter from another neighbor against the project who could not be present at the meeting. Nawrocki gave the history of this area. He stated that as this area is land locked, Mr. Abraham has a lot equal to four or five, 40foot or 50foot lots. He felt this property was possibly worthy to exceed the limits and would agree to allow the additional accessory building with proper restrictions: 1. no commercial activity, 2. the garage be built with quality materials, 3. a landscaping plan be required, 4. hard surfacing of the driveway. Peterson questioned if fill was brought in and if the building could be lowered. Abraham stated fill was brought in, but the area of the proposed building was excavated down three to four inches. The fill was to create a natural taper to safely drive up the driveway. Abraham stated the problem with excavating the structure area would be drainage. Abraham suggested changing the pitch of the roof. Wyckoff stated that she could see no hardship for this variance request. Abraham stated that sharing an easement with the neighbor is difficult. Wyckoff indicated there is already a three- car garage and could not see the need for such a large accessory building. Nawrocki stated the owner shouM have the ability to get usage out of his property. Johnson stated that the size of this lot was not an issue, as is the structure size in relation to the surrounding parcels. Abraham again indicated the improvements he has made to the property. Szurek stated that this request does not constitute a hardship, and the owner wouM be allowed to build a 22 by 22foot garage. Abraham referred to two variances that were granted for over the 1,000 square feet. Hoefi indicated this variance request does not fit the requirements of our ordinance; that the interplay of the ordinance is relative to smaller lots. Hoefi stated that many properties in Columbia Heights have shared driveways. Wyckoff stated that she was willing to compromise, but this is in a residential area, and the requested structure is too big and overpowering. Abraham stated he would be willing to reduce the size from 30 x 40 to 30 x 38, or 30 x 36feet. Williams suggested subdividing the lot. Johnson stated this wouM not be possible because of the requirement for street footage. Nawroctd questioned the two past variance requests. Johnson stated the referenced requests allowed for square footage of storage space above the garage, not an increased footprint. MOTION by Nawrocki to grant the variance requests for 3954 Arthur Street; including materials consistent with the home and aesthetics, no commercial activities in the building, and requirements for landscaping, and screening; and restricting the height to 16 feet. Nawrocki referred to the staff report and other variances granted. Hoefi stated the other cases were clearly distinguishable from this request. He indicated lot coverage is not the issue, but ifa variance is given on large yard then the same criteria must be applied on a small lot. Nawrocki stated that if this request exceeded the 30 percent coverage he would look at it differently, but this is only 13 percent lot coverage. Hoefl stated the variance is not for lot coverage, it is for structure size. Motion seconded by Williams. City Council Minutes May 14, 2001 Page 9 of 10 Peterson stated this item should be tabled for an alternate plan. Zimmerman responded that Mr. Abraham did not prove a hardship, and should only be allowed a two-car garage with a roof level restriction. MOTION by Nawrocki, second by Williams, that the motion be referred to the City Manager, City Planner, City Attorney, and the property owner to see if there are alternatives to the building, to incorporate concerns listed relative to use of the building, landscaping, and allowable height, and that it be brought back to the next regular Council meeting. Upon Vote: Williams - aye, Szurek - nay, Wyckoff - nay, Nawrocki - aye, Peterson - aye. Motion carried, 3 ayes, 2 nay. MOTION by Nawrocki, second by Williams, to table the height variance request for 3954 Arthur Street until the next regular meeting. Upon Vote: Williams - aye, Szurek - nay, Wyckoff- aye, Nawrocki - aye, Peterson - aye. Motion carried, 4 ayes, 1 nay. Zimmerman indicated it would be a hardship for her to attend the next meeting and asked when this would end. 2) Establish Board and Commission Interview Date Fehst stated the Board and Commission Interviews are to fill one opening on the Park and Recreation Commission, one opening on the Telecommunications Commission and two openings on the Human Services Commission. There are three applications for the Park and Recreation Commission, one application for the Telecommunications Commission and one application for the Human Services Commission. MOTION by Nawrocki, second by Wyckoff, to set a special meeting date of Wednesday, May 23, 2001, at 6:00 p.m. to interview Board and Commission applicants. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager Upcoming Work Session Items · Reimbursement of off duty overtime funds to the Police budget · Purchase of two laser speed guns for the Police Department · Review sanitary sewer televising inspection results of Zone 5 · Bid for the Jamboree fireworks · Scoreboard for Huset park · 2002-2004 CDBG Urban Block Grant options · Second reading of the Zoning and Development Ordinance *The McComb Group market analysis proposal will be presented at the next regular Council meeting. Fehst reminded Council of the Economic Development Authority meeting Tuesday, May 15, 2001 at 6: 30 p. m, and the joint meeting with the School Board, Hilltop and Fridley at the High School Family Center at 5:30p.m. on Thursday, May 17, 2001. Discussion at the joint meeting will include how the House of Representatives and the Governor's budget will affect these groups. Fehst stated he has handouts available from the North Metro Mayors Meeting stating that HACA would be eliminated and referring to items in the budget to augment the losses, with no guarantees for the second year. He stated that the House of Representatives also opposes levy limits, and possibly allowing school funding to be handled by the State. Fehst described the plans and the effects thereof. Report of the City Attorney - None City Council Minutes May 14, 2001 Page 10 of 10 GENERAL COUNCIL COMMUNICATIONS Minutes of Boards and Commissions Meeting of the March 14, 2001, Human Services Commission Meeting of the April 2, 2001, Traffic Commission Meeting of the April 19, 2001, Telecommunications Commission Meeting of the May 1, 2001, Planning and Zoning Commission Meeting of the May 1, 2001 Public Library Board of Trustees CITIZENS FORUM Don Laufenberg, Treasurer of the Lions Club, questioned license fees for the Lion's Jamboree beer garden, and asked if the fees could be waived. Nawrocki stated that the license request has not yet come before the Council, but that the City Manager would be maMng a recommendation to waive these fees. Williams referred to the Heights Happenings newsletter, regarding citizen donations, rental rehabilitation programs, community fix up funds, and first time homebuyer programs. He reminded residents that there are funds available to help them with home repairs. Nawrocki stated that he was disappointed in the amount of information regarding the Jamboree in the Heights Happenings. Nawrocki requested the City Manager inform Council through the Green Sheet when he will be out of town. Nawrocki referred to the Public Works lawn mower hours of use discussed at a previous Council meeting. Nawrocki questioned when the burned restaurant on Central Avenue would be cleaned up. Fehst stated he has called the owner, and discussed cleanup and capping the water and sewer. He stated that the issue is being pursued, but the owner has not yet been cited. Nawrocki questioned the closed sign on the Tycoon Bar. Wyckoff stated that the owner is waiting for paper work from Anoka County. Nawrocki expressed concern for semi trucks to get through the alley of the Transition Block. Nawrocki stated a safety concern that the new Habitat for Humanity home on the 4200 block of 7th Avenue has a side entrance next to the adjacent driveway. Nawrocki stated that at the next City Council meeting he would make a motion that regular City Council meetings be held on the first four Mondays of each month. Nawrocki referred to a public comment letter he received. Nawrocki questioned why the declaration of a hazardous building was pulled for 4356 5th Street. Fehst stated there is an ongoing working relationship with the family. Wyckoff stated that Kathy Pepin, License/Permit Clerk, would be leaving the employment of the City this week after more than 23 years. She stated Kathy would be missed, as she was very knowledgeable about the City. She thanked her for her years of service. Peterson, Fehst, Szurek and Williams stated similar comments. Peterson referred to Jean Kuehn, Special Projects Coordinator, and the broadcast of the Jamboree parade. Peterson stated in that Mr. Nawrocki, who has assisted with this commentary in the past, would be riding on the fire truck with City Council members, he suggested allowing several high school students to work with Kuehn. Nawrocki stated he took offense at this suggestion and that he looked forward to doing the commentary again. Nawrocki stated that he has more history and background of the City and Jamboree events than anyone, and probably would not be riding in the fire truck. ADJOURNMENT MOTION by Nawrocki, second by Wyckoff, to adjourn the meeting. Upon vote: All ayes. Motion carried. ~atty Muscovite, Deputy City(_qlerk OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MAY 29, 2001 The following are the minutes for the regular City Council meeting held at 7:00 p.m. on Tuesday, May 29, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. CALL TO ORDER/ROLL CALL Present: Councilmember Williams, Councilmember Szurek, Councilmember Wyckoff, Councilmember Nawrocki, and Mayor Peterson PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Walt Fehst, City Manager, indicated that Item 6-C-1 be deleted, as the Variance Request for 3954 Arthur Street was withdrawn by Mr. Richard Abraham. CONSENTAGENDA Items No. 1, 2, and 8 - Removed for further discussion. A) MOTION by Nawrocki, second by Szurek to approve the Consent Agenda Items as follows, with the exception of Items No. 1, 2, and 8, and note acceptance to waive the fee of $500 for the Columbia Heights Lions Club liquor sales application. 1) Minutes for Approval - Removed 2) Establish Work Session Meeting Dates for Monday, June 4 and Monday, June 18, 2001 at 7:00 p.m. -Removed 3) Award bid for 2001 Jamboree Fireworks Motion to award the bid for the 2001 fireworks display to Melrose Pyrotechnics Inc. of Cedar Lake, MN based on their qualified, responsible bid in the amount of $6,000, with $3,000 appropriated from fund 101-45050-4378; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki questioned the amount of donations received at this point. Fehst indicated requests have been send to past donors. 4) Accept Bid for Replacement of Scoreboard on Huset Park Ballfield #5 Motion to award the purchase ora scoreboard to be installed at Huset Park Ballfield #5 to Color Sign systems based on their low, qualified, responsible bid in the amount of $4,568.00 with funds to be appropriated from account 881-45001-5180; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Fehst stated the previous bids were not comparable, but these new bids are for equal specifications. City Council Minutes May 29, 2001 Page 2 of 13 5) Approve Transfer of Funds from General Fund to Police Department budget to Reimburse Overtime Fund Motion to transfer $3,330, the total amount received from Unique Thrift Store, the CHASE program, Central Middle School and Columbia Heights High School for off duty security worked, from the General Fund to the Police Department budget under line 1020, Police Overtime. 6) Authorize Purchase of Laser Speed Guns from Capital Improvement Fund Motion to authorize the purchase of two Ultralyte 100 LTI laser speed guns at a cost of $3,420 each plus tax, with funding to come from the 2001 Capital Equipment Replacement Fund; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. 7) Adopt Resolution No. 2001-34, being a resolution requesting removal of the hazardous structure located at 4356 N.E. 5th Street Motion to waive the reading of Resolution No. 2001-34, there being ample copies available to the public. Motion to adopt Resolution No. 2001-34, being a Resolution requesting removal of the hazardous structure located at 4356 N.E. 5th Street; and that the Structure/Building be razed and the lot graded for future development. 8) Authorize the Capital Equipment Replacement of Unit #315: Ford 4X2 Utility Track - Removed 9) Authorization to add tnmk sanitary sewer work to Zone 5 project Motion to authorize the addition of the following trunk sanitary sewer work Items to the Zone 5 project: 1) Replace 236' of existing 8" (or smaller) pipe with 10" east of the manhole on 43rd Avenue at Quincy Street. 2) Replace 648' of sagged/cracked 15" pipe with new 15" pipe on 45th Avenue, from University Avenue Service Road to 5th Street, with funding from the Sanitary Sewer Construction Fund. 10) Change Order #2 and Final Payment for Street Rehabilitation - Zone 4 Motion to authorize final Contract Change Order No. 2 for addition of loop detector, sanitary sewer repair, water main and system improvements, and storm sewer to the Zone 4 Street Rehabilitation, City Project 0002 and 0007, to Hardrives, Inc. in the amount of $27,084.60 to be funded out of the State Aid Maintenance Fund, 212-43190-5130 ($2,750.00), Sanitary Sewer Utility Fund, 602-50002- 5130 ($6,330.15), Water Utility Fund, 601-50002-5130 ($10,589.45) and Storm Water Utility Fund, 604-50002-5130 ($7,415.00). Motion to accept the work for 2000 Street Rehabilitation Projects in Zone 4, City Project Numbers 0002 and 0007; and authorize final payment of$110,574.84 to Hardrives, Inc. of Rogers, Minnesota. 11) Authorization to seek bids for the demolition of two residential structures from two City lots at 4542 Washington Street and 1307 42nd Avenue Motion to authorize staff to seek bids for the demolition of two residential structures at 1307 42nd Avenue and 4542 Washington Street. Motion to authorize staffto seek quotes for the sale and moving of the garage at 1307 42nd Avenue. 12) Adopt Resolution No. 2001-41, being a Resolution accepting bids and awarding contract for Zone 5 Street Rehabilitation Projects City Council Minutes May 29, 200I Page 3 of 13 Motion to wave the reading of Resolution No. 2001-41, there being ample copies available to the public. Motion to approve and adopt Resolution No. 2001-41 accepting bids and awarding the 2001 Street Rehabilitation Projects in Zone 5, Project No. 0017, 0018 and 0102 to Palda and Sons of St. Paul, Minnesota in the amount of $1,192,771.30 based upon their low, qualified, responsible bid and accepting Alternate #1 for HDPE storm sewer pipe for a deduct resulting in a revised base bid of $1,180,862.83; and Alternate #2 (unit price basis) for residential driveway construction; and Alternate #3 for storm sewer work on 40th, west of McKinley in the amount of $60,288.30; and Alternate #4 for sanitary sewer work on 43rd Avenue east of Quincy in the amotmt of $19,583.55; and, furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Motion to reject the bids for Project No. 0009, Jackson Pond Fencing and Site Landscaping, reducing the contract award for Zone 5 projects by $74,634, for a revised contract amount of $1,106,228.83, and authorize the City Engineer to re-advertise this project separately. Fehst stated the bid received for fencing and landscaping was far above our engineer's estimate of $35,000, and will be re-evaluated. He indicated the total project bid was 17.5percent below our engineer's estimate. Nawrocki questioned how the savings would be spread between the assessed cost and the City. Hansen stated the savings would be passed on to resident in the form of a reduced assessment. Percentage decreases will be based on the initial estimate for each differed type of work done. The final assessment will be based on the final construction costs. Nawrocki questioned if the project includes elimination of the backflow preventers. Hansen proposed to leave that element out of the project for further discussion and alternatives. Peterson asked that Hansen speak to former Councilmember Jolly, who has expertise with this situation. 13) Adopt Resolution No. 2001-40, being a Resolution Accepting Bid and Award of Seal Coating Project #0101 Motion to waive the reading of Resolution No. 2001-40, there being ample copies available to the public. Motion to approve and adopt Resolution No. 2001-40, being a Resolution accepting bids and award the 2001 Seal Coating Project #0101 to Allied Blacktop of Maple Grove, Minnesota, based upon their low, qualified, responsible bid in the amount of $46,884.50 to be appropriated from Fund 415- 50101-5130; and, furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Fehst indicated this project also was bid substantially below the estimated cost. 14) Approve Re-Issue of Rental Housing License after Renovation at 1020 44th Avenue Move to issue a Rental Housing License to Greg Heinen to operate the Rental Property located at 1020 44th Avenue in that the provisions of the Residential Maintenance Code have been complied with. 15) Establish Hearing Date regarding License Revocation or Suspension of Rental Properties at 228 40th Avenue and 3933-3935 Ulysses Street City Council Minutes May 29,2001 Page 4 of 13 Motion to Establish a Hearing Date of June 11, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Robert Mikulak at 228 40th Avenue NE. Motion to Establish a Hearing Date of June 11, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Oeyering Oranzo at 3933- 3935 Ulysses Street. Nawrocki stated he did receive the additional information he requested from the Fire Department, and was appreciative. 16) Approve Business License Applications Motion to approve the Items as listed on the business license agenda for May 29, 2001 as presented, and to waive the $500 fee for the Columbia Heights Lions Club. 17) Approve Payment of Bills Motion to pay the bills, as listed, out of the proper fund. Upon vote - All ayes. Motion carried. Item #1 - Minutes for Approval Fehst indicated the minutes of the May 14, 2001 were inadvertently not in the Council packets, and therefore would be available at the next meeting. Item #2 - Establishing Work Session Meeting Dates Nawrocki requested the City Council hold three or four regular Monday meetings per month, televised on cable, instead of two regular meetings and two work sessions. He referred to the survey done for the City which indicated that 20percent of residents watch the Council meetings on the local cable channel. Williams indicated he liked the informality of work sessions and was concerned with the cost to have legal counsel at this number of regular meetings. Wyckoff stated she likes the work sessions as they are, and indicated that any one is welcome to attend, but that no formal action is taken at these meetings. Nawrocki stated that all information should be available for the public to hear, and that legal counsel could be scheduled for specific meetings. Peterson stated that citizens do take part and talk more freely in the informal work session setting. Fehst stated there were no urgent Items for the June 4th work session. Possible Items for discussion on June 18, 2001 were: discussion of a point of sale inspection process, laptop computer purchase for the Police Department, the Police communication system with Anoka County, and the McComb Group feasibility study for commercial development. Fehst stated the point of sale inspection is similar to the truth in housing program, referring to required repairs prior to sale of a home. Motion by Szurek, second by Wyckoff, to establish a work session meeting date for June 18, 2001 beginning at 7:00 p.m. Upon vote - all ayes. Motion carried. Item #8 - Replacement of Ford Utility Track, utility box and aerial lift Nawrocki stated he viewed the truck and does not feel it needs to be replaced at this time, as the truck has relatively low mileage. Szurek stated she trusts the decision of staff. Williams questioned re-sale value. Nawrocki indicated the oM truck would be used by Park Department staff for transportation of summer employees. Williams felt it is a good idea to keep equipment updated, and this is a 1986 vehicle. Hansen stated that the requested lift also goes higher than the present lift. Wyckoff indicated this Item was approved in the 2001 budget. City Council Minutes May 29, 2001 Page 5 of 13 Motion by Szurek, second by Williams, to authorize the purchase of(l) Ford Model F450 truck chassis from Airlake Ford-Mercury of Lakeville, MN in the amount of $26,348 plus sales tax, from the Traffic Signs and Signals Capital Equipment Fund: 431-43170-5180. Upon roll call vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - nay, Peterson - aye. 4 ayes - 1 nay. Motion carried. Motion by Szurek, second by Williams, to authorize the purchase of(l) utility box and aerial lift device from Truck Utilities Mfg., of St. Paul, MN in the amount of $35,000 plus sales tax, with funding appropriated from the Traffic Signs & Signals Capital Equipment Fund: 431-43170-5180 ($16,500) and State Aid Maintenance Fund: 212-43190-5180 ($18,500). Upon roll call vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - nay, Peterson - aye. 4 ayes - 1 nay. Motion carried. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. Proclamations B. Presentations 1. Annual County Recycling Award Jean Kuehn, Special Projects Coordinator, presented the 2000 Anoka County Recycling Award for surpassing our recycling goal by 18 percent, with 1,935.38 tons, composted 44 tons of yard waste and collected 741 tons of problem materials such as oil, filters, tires, and fluorescent bulbs. Columbia Heights residents recycled 17.25poundsperperson per month. She stated that Columbia Heights is one of only four cities in this county that have met their goal every year since 1988. Peterson thanked Kuehn for the wonderful job she does and applauded citizens for their efforts. Nawrocki asked the cost to recycle. Kuehn stated residents pay $1. 40 per month, and the City pays $1.79per household, which is subsidized by SCORE funds. Introductions 1. Kafin Leishman, 2209 45th Avenue NE Mayor Peterson introduced Karin Leishman as the newest Human Services Commissioner. Leishman thanked Council for choosing her. David Mahoney, 3814 Reservoir Boulevard Mayor Peterson introduced Dave Mahoney as the newest Telecommunications Commissioner. Mahoney thanked Council for this appointment. Nawrocki informed him when the next Telecommunications Commission meeting wouM be held. Miscellaneous Peterson stated that former Fire Chief Donald Johnson has passed away and expressed sympathy. Nawrocki spoke of when Mr. Johnson was originally hired and what a tremendous job he did. D. Recognition ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Second Reading of Ordinance No. 1428, being an Ordinance amending Ordinance No. 818 pertaining to Zoning and Development. City Council Minutes May 29, 2001 Page 6 of 13 MOTION by Wyckoff, second by Szurek to waive the reading of Ordinance No. 1428, there being ample copies available to the public. Upon vote: All ayes. Motion carried. MOTION by Wyckoff, second by Szurek, to adopt Ordinance No.1428, Columbia Heights Zoning and Development Ordinance, being an ordinance amending Ordinance No. 818 pertaining to Zoning and Development. Nawrocki indicated he had several friendly amendments to the motion for Ordinance No. 1428: Nawrocki -Page 1-5, Item 9.105 Violations, requested to strike "Each day a violation exists shall constitute a separate violation for the purposes of this section." Jim Hoeft, City Attorney, stated this would allow only one citation or would be double jeopardy, unless there wouM be another area added allowing another citation. Hoefi stated the maximum fine is $1,000 or 30 days in jaiL Hoefi indicated there is a need to have a time period defined. Peterson indicated this language is the same as other cities use. Request died for lack of support. Hoefi indicated the correct procedure to make a friendly amendment to the motion. Nawrocki -Page 4-1, Item 9.402 (1) (b) and page 4-2, Item 9.402 (3) Development Review Committee, request to strike "Development Review Committee". Szurek questioned the purpose of the Development Review Committee. Tim Johnson, City Planner, stated the committee consists of staff review. Request died for lack of support. Nawrocki - Page 4-3, Items 9.402 (4) (c) 1 and 2 - Board of Appeals, Motion to strike "and make decisions" and replace with "and make recommendations to the City Council". Motion seconded by Williams. Hoefi expressed concern that this would constitute a change permeating the entire ordinance and require the ordinance reading process to begin again. Peterson stated this wording was from the current ordinance. Hoefl referred to past litigation. Szurek questioned an additional court case. Fehst stated that person did not follow the Board of Appeals process. Hoefi indicated correct procedure for an amendment to be accepted by the maker and second of the original motion. Williams withdraw his second. Hoefi indicated the motion would have to be voted upon. Upon vote: Williams, abstain; Szurek, nay; Wyckoff, nay; Nawrocki, aye; Peterson nay. Motion failed. 3 nay, 1 aye, and 1 abstention. Nawrocki questioned applications for land use and approval Johnson stated that land use applications are now on a separate application. Nawrocki felt this was too much red tape for small Items. Johnson stated the only Item added was the pre-application process, 9. 403 (3), which is beneficial for staff preparation prior to the request being presented to the Planning and Zoning Commission. Hoefi stated that this language is also a result of the 60 day rule. City Council Minutes May 29, 2001 Page 7 of 13 Nawrocki -Page 4-6, Item 9.405 (3) Appeals, request striking "findings" and replace with "it's recommendation to the City Council". Hoeft stated this would constitute a substantive change of the ordinance. Nawrocki felt the elected body should make thefinal decision. Request died for lack of support. Nawrocki -Page 4-6, Item 9.406 (4) request to add "after a public hearing by the City Council". Peterson indicated that people with concerns are allowed to speak to the Council. Request died for lack of support. Nawrocki -Page 4-7, Item 9.407 (2) request to strike "and is not solely for the benefit ora single property owner". Hoefi indicated it would be best to avoid benefits to only one property owner. Request died for lack of support. Nawrocki -Page 4-7, Item 9.407 (5) City Council action - request to add "would require a simple majority vote of the City Council, after a public hearing by the City Council. Request died for lack of support. Nawrocki -Page 4-9, Item 9.408 (5) City Council action - request to add "after a public hearing by the City Council". Request died for lack of support. Nawrocki -Page 4-10, Item 9.409 (5) City Council action - request to add "after a public hearing by the City Council". Request died for lack of support. Nawrocki -Page 4-11, Item 9.410 (5) City Council action - request to add "after a public hearing by the City Council". Request died for lack of support. Nawrocki -Page 4-13, Item 9.411 (5) City Council action - request to add "after a public hearing by the City Council". Request died for lack of support. Nawrocki -Page 4-14, Item 9.412 (5) City Council action - request to add "after a public heating by the City Council". Request died for lack of support. Nawrocki -Page 4-14, Item 9.413 (4) Required Findings, request to strike "final decision" and add "recommendation to the City Council". Hoefi indicated that this is not a change from the current ordinance. Mel Collova, Building Official, referred to our lower rating from our insurance company because we do not have an official Board of Appeals, which could make a difference of 5 to 15percent in insurance fees. Request died for lack of support. Nawrocki -Page 4-15, Item 9.413 (5) request to strike "Development Review Committee" and "may impose" and add "recommend to the City Council". Request died for lack of support. Nawrocki -Page 4-16, Item 9.415 (3) request to strike "Each day that a violation is permitted to exist shall constitute a separate offense". Request died for lack of support. City Council Minutes May 29, 2001 Page 8 of 13 Nawrocki -Page 5-2, Item 9.502 (I0), Uses in Floodway District, request to strike "Board" and replace with "City Council". Request died for lack of support. Nawrocki -Page 6-4, 9.603 (1) (a) Accessory Uses and Structures, request to strike "two" and add "one". Peterson suggested the Planning and Zoning Commission revisit this topic. Johnson indicated that the existing ordinance states two structures. Tom Ramsdell, Chairperson of the Planning and Zoning Commission, indicated this addition wouM also allow a storage shed up to 10 x 12feet. Nawrocki indicated the total footprint of accessory structures was limited to 1,000 square feet. Ramsdell stated this reference would allow two single garages, plus a storage shed. Johnson indicated that the wording added was "storage shed". Nawrocki felt two garages should not be allowe& however one garage and one storage shed would be all right. Hoeft indicated lot coverage and setback requirements must still be met. Nawrocki felt the intention should be one detached garage and one storage shed. Motion by Nawrocki, second by Wyckoff, to strike "and one storage shed". Upon vote: All ayes. Motion carried. Mayor Peterson asked the students in the audience to come forward and introduce themselves. Nawrocki -Page 6-4, Item 9.603 (1) (c) request to change the minimum setback from five feet to three feet from the rear lot line. Motion by Nawrocki, second by Williams, to establish the rear lot line setback at three feet. Upon vote: All ayes. Motion carried. Nawrocki -Page 6-5, Item 9.603 (1) (m), request to amend minimum size to "20 feet by 14 feet". Request died for lack of support. Nawrocki -Page 6-7, Item 9.603 (4) (1), request to strike the paragraph refening to home occupation registration, as a permit should not be required. Request died for lack of support. Nawrocki -Page 6-9, Item 9.605 (1) (b) Fences, request to strike "The owner of the property upon which the fence is located shall be responsible for locating all property lines prior to constructing said fence" and replace with "The owner of the property upon which the fence is located shall place the fence on his own property". Nawrocki indicated the owner should not be required to have the property surveyed. Hoeft stated the City needs assurance that the fence is located on the owner's property. Fehst indicated that ifa recent survey is on file, a survey would not be required. Hoer stated a survey or location of the property stakes would be necessary. Wyckoff stated that fences less than six feet high do not require a permit. Hoefi stated the requirement would only be for fences that we issue a permit on. Request died for lack of support. Nawrocki requested the addition of"fences requiring a City permit". Request died for lack of support. Nawrocki -Page 6-16, Item 9.609 (3) (D) stated that in the number 9.609.6 the last number 6 should have parentheses around it. Johnson stated he would make this change. City Council Minutes May 29, 2001 Page 9 of 13 Nawrocki - Page 6-33, Item - chart, Off-Street Parking requirement, request Multiple-family one bedroom unit require 2 per unit, must be enclosed (garage), as the multiple family requirement should be the same as the single family requirement. Request died for lack of support. Nawrocki -Page 6-37, Item 9.613 (2), Landscaping and Screening, request to strike "For development having an anticipated construction value in excess of $250,000 the landscape plan must be prepared by a landscape architect registered in the State of Minnesota". Nawrocki felt that good plans could be obtained without hiring a registered architect. Request died for lack of support. Nawrocki -Page 6-39, Item 9.613 (6) (B) Motion by Nawrocki, second by Williams, to strike paragraph B regarding a letter of credit. Hoefi had no comment on the dollar amount, but stated it is typical to retain security to replace plants that fail. Szurek stated that 1.5 times the estimated cost of the job was excessive. Peterson suggested 10 percent. Upon vote: Williams, nay; Szurek, nay; Wyckoff, nay; Nawrocki, aye; and Peterson, nay. Motion failed, 4 nay, one aye. Williams offered a friendly amendment to withhold 10 percent of the estimated cost and to include a letter of credit or other security as acceptable to the City. Szurek approved the amendment. Upon vote: All ayes. Amendment carried. Nawrocki -Page 8-2, Item 9.802, Official Zoning Map is not attached to the zoning ordinance. Johnson stated there are reduced copies and a large copy of the map. Peterson stated the date of March 2001 should be filled in. Nawrocki offered a friendly amendment to include the official zoning map date of March 2001. Szurek approved the amendment. Upon vote: All ayes. Amendment carried. Nawrocki - Page 8-3, Item 9.803 (3) request addition of"for recommendation of the City Council". Request died for lack of support. Nawrocki -Pagel3-2, 9.1302 (6), Official Zoning Map, questioned where this map is. Johnson stated the Zoning Map showing the flood boundaries is available in the City Planner's office. Nawrocki -Page 14-7, 9.1403, Subd. 3, (5) Park Dedication, Motion by Nawrocki, second by Williams, to strike "The Park and Recreation Commission shall determine which measure is most appropriate" and replace with "The City Council shall determine which measure is most appropriate". Nawrocki believes the elected body should make this decision. Hoefl and Fehst were comfortable with this change. Kevin Hansen, Public Works Director, stated that it wouM be appropriate to have the Park and Recreation Commission review any land proposal for dedication. Harold Hoium, 4315 5th Street, requested that 9.105, Violations, be discarded and replaced with a statement to grandfather in everything currently in place. Upon vote of the motion: All ayes, Motion carried. City Council Minutes May 29, 2001 Page 10 of 13 Hansen referred to Section 14, Subdivision regulations, which are from the current code, with no substantial changes except to clean up the language. The purpose of this is to indicate what is required for plan review. Nawrocki referred to attachment A of the Council letter and questioned proper procedure to act upon these changes. Fehst indicated these Items were approved by consensus of Council at the first reading of the ordinance. Peterson requested motions to approve these Items. Motion by Szurek, second by Wyckoff, Page 3-18, Item 9.301 to accept the text change from the first reading regarding temporary sign display period. Nawrocki agreed there is a problem with temporary signs on curbs. Szurek stated those are portable signs. Johnson indicated this was done so there is a distinction between types. Nawrocki referred to a specific coffee shop sign. Harold Hoium stated that portable signs are placed on sidewalks from Friday to Monday, because there is no enforcement over the weekends. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. Motion carried. 4 ayes, 1 nay. Motion by Szurek, second by Williams, Page 6-40, Item 9.614 to accept the text addition from the first reading regarding building materials. Upon vote: All ayes. Motion carried. Motion by Szurek, second by Wyckoff, Page 6-46, Item 9.616 to accept the text change from the first reading of the ordinance to include "signage exceeding eight (8) square feet. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. Motion carried. 4 ayes, 1 nay. Motion by Szurek, second by Williams, Page 7-7, Item 9.701 (3) to accept the text addition from the first reading of the ordinance regarding consignment/second hand stores. Upon vote: All ayes. Motion carried. Motion by Szurek, second by Williams, Page 7-10, 11, Item 9.701 to accept the text addition from the first reading of the ordinance regarding employment agencies/temporary day labor. Upon vote: All ayes. Motion carried. Motion by Szurek, second by Williams, Page 7-14, Item 9.701 to accept the text change from the first reading of the ordinance from 1,000 feet to 3,000 feet. Upon vote: All ayes. Motion carried. dohnson referred to a typographical error on page 3-2, where the work gifts will be changed to guests. Johnson questioned Page 6-37, Item 9.613 (2), landscaping plan value of $250,000. Szurekfelt this amount should be higher. Ramsdell recommended $750,000. Motion by Williams, second by Szurek, Page 6-37, Item 9.613 (2) to change the construction value from $250,000 to $750,000. Upon vote: All ayes. Motion carried. City Council Minutes May 29, 2001 Page 11 of 13 Joe Wolney, 542 Summit Street, expressed concern that the Master Plan Town Square Concept might supercede individual property owner's rights. Peterson recommended adding the date established to the reference of the Town Square Concept. Motion by Szurek, second by Williams, Pages 5-3 and 5-9, to include the date established to the reference of the Town Square Concept. Harold Hoium indicated that the document does not have a grandfather clause. Karsten McCarthy, 4213 5th Street, felt this document disallows basic human freedoms. Nawrocki called Point of Order. Upon vote: All ayes. Motion carried. Nawrocki -Page 6-41, Item 9.614 (3) (4) request to strike this paragraph as there will be additional review of this plan. Request died for lack of support. Nawrocki stated that the discussion of this ordinance has been interesting and heated; he felt it was valuable and hoped that the public learned some things. He thanked Council for allowing extra discussion on this topic, but indicated he would not vote in favor of this ordinance. Upon vote of the original motion: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. Motion carried. 4 aye, 1 nay. Nawrocki requested Council receive a copy of this ordinance with the approved changes in loose- leaf binder form. Miscellaneous Nawrocki questioned staff again regarding the concern of the tenant in the lower level of the strip mall, next to the transition block, concerning semi trucks being able to drive in and out of the alley. Nawrocki requested the alley be straightened. Fehst thought the concern was for during the construction phase, and did not realize it was a concern regarding the permanent alley. Peterson suggested that Nawrocki, Hansen and the property owner meet at the site to discuss this situation. Wolney questioned if portions of the ordinance could be appealed or if the entire ordinance would have to be appealed. Hoefi indicated a portion could be appealed by would affect the entire ordinance. Second Reading of Ordinance No. 1429, being an Ordinance Establishing a Heritage Preservation Commission. Motion by Wyckoff, second by Szurek, to waive the reading of Ordinance No., 1429, there being ample copies available to the public. Upon vote: Williams, nay; Szurek, aye; Wyckoff aye; Nawrocki, abstain, Peterson aye. Motion failed. 3 ayes, 1 nay, 1 abstention. Hoeft read ordinance #1429 regarding establishment of a Heritage Preservation Commission. Motion by Wyckoff, second by Szurek, to adopt Ordinance No. 1429, being an ordinance of the City of Columbia Heights amending Article 3, Section 3.311 of the Columbia Heights City Code establishing a Heritage Preservation Conmaission. Szurek agreed in principal with the ordinance but felt some areas were too formal and did not pertain to Columbia Heights. Hoefi stated he was presented with materials from Becky Loader, City Council Minutes May 29, 2001 Page 12 of 13 Library Director, to draft this ordinance. Several drafts were completed to remove a significant amount of formality from the original ordinance, intending to create an advisory commission rather than a final decision commission. Hoeft indicated there is certain statutory provisions referenced which are required for this type of ordinance, but it is the most informal ordinance possible. Declaration of public policy and purpose were discussed. Hoeft stated this wording could be changed. Williams questioned definitions in Subdivision d, regarding historical buildings. Williams indicated he did not see the need for this commission. Wyckoff indicated that Columbia Heights is the only city in the county that doesn't have a historical society, and that this commission would preserve history by pictares and oral interviews, being only an advisory commission. Fehst stated there would be minimal staff support. Szurek indicated her involvement with the New Brighton Historical Society. Williams agreed with a historical society, but did not feel a commission was necessary, and that buildings are not the history of the city. Wyckoff stated the commission wouM do research for the City Council. Nawrocki asked what Section 1 was repealing. Hoefl indicated that et seq. is information that follows, but wouM revisit the section that is repealed. Nawrocki questioned the limitation by certain requirements for commission member's backgrounds. Hoefi indicated there are Minnesota Statue for Preservation Ordinances requirements. Nawrocki suggested finding people interested in community history. Motion by Nawrocki, second by Szurek, that the motion be referred to staff and that this matter be tabled for additional information. Upon vote: Williams, nay; Szurek, aye; Wyckoff, aye; Nawrocki, aye; Peterson, aye. Motion carried. 4 ayes, 1 nay. Fehst asked for clarification of council requests. Wyckoff stated she would contact residents who expressed interest in being on this commission. Nawrocki suggested solicitations through the local paper and cable channel. Peterson stated that everyone agrees that we want to preserve our history, but how to do this needs further discussion. B. Bid Considerations - None C. Other Business 1. Variance Request, Case #2001-0507, 3954 Arthur Street NE Removed Peterson stated that Richard Abraham respectfully withdrew his variance application. Fehst stated he researched this request and contacted Council members and the City Attorney regarding the application. The Planning and Zoning Commission couM review the ordinance and discuss allowances for very large lots. Nawrocki did not agree with the 18foot height variance request, but agreed with the proposed alternate motion as general interests were protected in that motion. Peterson indicated this request shouM go back to the Planning and Zoning Commission, and ifa hardship cannot be established, the variance request couM not be granted. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions Meeting of the April 17, 2001 Economic Development Authority Meeting of the April 25, 2001 Park and Recreation Commission City Council Minutes May 29, 2001 Page !3 of 13 CITIZENS FORUM Joyce Meier, 4931 Jackson, questioned the special assessment interest rate. Fehst explained the eight percent interest charge and the ten percent interest charged on any unpaid balance. Tina Ross, representing the renter at 4937 dackson, gave Council a letter from him addressing the incorrect allegations that he is running a vehicle repair business from his garage. She stated that he only works on vehicles for family and friends. Fehst indicated the CSO's have investigated complaints against this person many times and have found no sign of commercial work being done from this garage. Nawrocki indicated he attended the MACTA meeting, which is a cable association of municipal operators, and reported that at the present time there is no significant legislation been passed. Nawrocki indicated that the AMM is soliciting for committee members. Szurek indicted that in the past she has served on the Economic Development Committee and found it very worthwhile. Nawrocki indicated his intent to sign up for the Municipal Revenues Committee. Fehst stated that in the changing face of revenue issues in this state it is important to be involved and keep informed. Nawrocki requested to received the "Friday Fax" from the League of Minnesota Cities. Szurek referred to a resident complaint regarding retaining wall and garage compliance, when the property owners keep changing, and who makes sure they are in compliance. Szurek felt participating in "Truth in Housing" would address these types of problems. Hoefi indicated that ongoing violations would fall under the Housing Maintenance Code. He indicated that a Point of Sale Ordinance was discussed about six years ago, and not considered favorable by the Planning and Zoning Commission or the City Council at that time. Szurek suggested staff obtain copies of the Minneapolis ordinance. Szurek questioned having a retired judge come to in Columbia Heights for judgments on ordinance violations. Hoefi stated that it is possible to have a community court, and that he is the hearing officer for the City of Blaine. Nawrocki suggested also looking into the disclosure requirements between the seller of a property and the real estate agent. Hoefi stated that in Point of Sale a sale ca not take place until the City has done their inspection. Nawrocki questioned the City's liability in doing these inspections. Williams suggested this be discussed in a work session. ADJOURNMENT Mayor Peterson adjourned the meeting at 11:02 p.m. Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: June 11,200l AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: k'l ~ ti '~ -D_._ Community Development APPROVAL NO: Case #2001-0611, 4747 Central Avenue NE DATE: June 6, 2001 Issue Statement: Brett Carey, manager of the K-Mart store is requesting a Conditional Use Permit to allow for the placement of a temporary tent measuring 40 feet by 60 feet for display and sale of clearance items at 4747 Central Avenue, from June 15, 2001 through August 15, 2001. The display is to be located on the west side of the store in the parking lot in front of K-Mart and Big Lots. Background: This is the first year that K-Mart has applied for a conditional use permit to conduct this operation. Analysis: Section 9.113(2)(a) of the Retail Business Section of the current Zoning Ordinance requires a Conditional Use Permit for open sales lots. The tent will be placed over sixteen parking spaces and should not have any adverse impact upon vehicular access as there is an overabundance of parking and access aisles for vehicles to maneuver. The Fire Department has reviewed the tent construction plans, location of exits and fire extinguishers, in relation to fire codes and has determined them to be in compliance. Please also note that K-Mart will not have electronic equipment or high priced merchandise on clearance. The tent will also have full-time security personnel at night to ensure its protection. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on June 5, 2001. They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the conditions below. Recommended Motion: Move to approve the Conditional Use Permit to allow the placement of a 40 by 60 foot tent for the display and sale of clearance merchandise at 4747 Central Avenue from June 15, 2001 through August 15, 2001, subject to the following conditions: 1. A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structures on the site. 2. Fire Department shall make site inspection once tent is erected to verify compliance with Fire Codes. Attacbments: Staff Report; Completed application form; Correspondence frotn store manager; Certificate of lnsurance. Site plans: Email,fi'om Fire Department; Public Notice COUNCIL ACTION: Case: 2001-061 I Page I STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE JUNE 5, 2001 PUBLIC HEARING Case#: 2001-0611 Owner: Malan Management Address: Phone: (248) 644-7110 Parcel Address: 4747 Central Avenue NE Zoning: RB - Retail Business District Comprehensive Plan: C- Commercial GENERAL INFORMATION Applicant: K-Mart Corporation 4747 Central Avenue NE Columbia Heights (248) 643-1000 Surrounding Zoning and Land Uses: Zoning North: RB, R-2, & R-I South: R-3 East: R-2 West: Hilltop BACKGROUND Land Use North: Commercial, residential South: Residential East: Residential West: Commercial Explanation o['Request: Brett Carey, manager of the K-Mart Store, is requesting a Conditional Use Permit to allow for the placement of a tent measuring 40 x 80 feet for the display and sale of clearance items from June 15, through August 15, 2001. The display is to be located on the west side of the store in the parking lot at 4747 Central Avenue NE. Approximately sixteen (16) parking spaces would be taken up as part of the tent display in front of the K-Mart store. Case History: This is the first time that K-Mart has applied for a conditional use permit to conduct this operation. Case: 2001-0611 Page 2 ANALYSIS Surrounding PropertF: RB, Retail Business is the existing zoning on the subject parcel and on property to the north and is used commercially. The zoning to the south of the subject parcel is zoned R-3, Multiple Family Residential, and is used for multi-family residential purposes. The area to the east is zoned R-2, two-family residential, and is used residentially. Property west of the subject parcel is part of the commercial district for the City of Hilltop. The proposed use will be consistent with the character of the surrounding property. Technical Review: The principal uses of the subject parcel are preexisting and comply with zoning regulations. Existing parking exceeds zoning requirements, and the property will still meet minimum parking requirements after the placement of the tree display area over sixteen (16) parking spaces. The operation should not have any effect on vehicular access for the site, as only one parking lot aisle will be blocked. According to Section 9.113(2)(a) of the Zoning Ordinance, open sales lots are only allowed as a Conditional Use within any "RB" Business District. This proposal is consistent with zoning regulations. Please also note that the Fire Department is required to review the construction of the tent, as well as fire extinguishers and required exits in relation to fire codes. However, the applicant did not submit all required materials on time, so the Fire Department will have to approve the proposed tent construction and site plan before the tent is erected. Compliance with City Comprehensive Plan: The Land Use Plan Map designates this area of Columbia Heights for future commercial activity, including retail sales, offices, and service businesses. The proposal is consistent with the intent of the City Comprehensive Plan. The positive aspects of this petition are as follows: 1. The proposal is consistent with the Columbia Heights Zoning Ordinance and Comprehensive Plan. CONCLUSION Staff Recommendation: Staff recommends approval of the Conditional Use Permit provided a $500 deposit is submitted to the License/Permit Clerk prior to the display of the tent on the site to ensure removal at the end of the approved time period. Recommended Motion: Move to recommend City Council approval of the Conditional Use Permit to allow the placement of a 40 x 80 foot tent for the display and sale ofclearance merchandise from June 15, through August 15, 2001, at 4747 Central Avenue NE subject to the following conditions: Case: 2001-0611 Page 3 A $500 deposit shall be submitted to the License/Permit CIerk prior to display of the merchandise tent on the lot. Fire Department shall review and approve the site plans and tent construction before the tent can be erected. Attachments: Completed Application Form; Site Plan; Site Map; and, Public Notice CITY OF COLUMBIA REIGRTS Application Port Rezoning Variance Privacy Fence Conditional Use Permit -~- Subdivision Approval Site Plan Approval Other Case No: 2C~D]- o~1 ~ Fee= {?_~;~D Date Paid Receipt No: Legal Description of Subject PropertT: /~/~'Z~ /~£'3~4o~,< . AFplicant: Description of Request= Address ,Y~2vu /'~L~,4' Phone~ / -~4/~- ~ ~'~/~ ~//O ' Zoning: Applicable City Ordinance Number Pre,ent zoning. /mw-z- Section Proposed Zonin~ Proposed Use Exhibits Submitted (maps, diagrams, e~c.) AckncvledRmen: and S!inature~ The undersigned hereby represents upon all of the penalties of law, for the purpose of inducin~ the City of Columbia Heights ~o take the action herein requested, that all statements herein are true and that ell work herein mentioned ~ill be done in accordance with the 0rd/nantes of ~he City of Columbia ~sishte and the la~s of the State ~r~bta. ~ /~'-~ Signature of Applicant:// //~///, Date: S--:/~ ·/~-// Taken By: 4849 1040 1052 1100 1118 ! 4811 4801 1150 1148 1160 1170 1220~ 4757 4707 4747 4654~ : 950 i ~ 4653 4647 4641 4633 I 4628 I~ ] ~ 4633 i 4625 4621 i 4616 I 4619 4615 ~ '~ 4607 46O5 ~ 4656 4648 4640 4634 4626 4624 4618 4612 4606 4600 4655 4660 4651 4648 4649 4647 4836 4641 4630 4635 4624 4629 4616 4617 4612 4609 4605 4606 1101 1111 4556 4555 4556  4550 4546 4549 4546 I 4540 ~ I~ 454~ 4540 zkx~ ;J L 4535 ;' 4536 4557 4549 4543 4537 4554 4548 4542 4657 4654 -I 4651 4648 ~-I 4645 4641 46z6 4633 , 4625 4624 ~1 4619 4618 4613 46t0 4607 4606 4601 4600 4555 4556 =I~ 4549 4550 '; 4543 45~4 · 4535 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 Tuesday, June 5 2001. The order of business is as follows: A request for a Conditional Use Permit to allow the placement of a 40 X 80 foot tent for the display and sale of clearance merchandise from June 15 through August 15, 2001 in the westerly portion of the KMART parking lot at 4747 Central Avenue NE. Section 9.113(2)(f) of the Retail Business Section of the City Zoning Ordinance requires a Conditional Use Permit for Open Sales Lots. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Tim Johnson, City Planner, at 763-706-3873. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 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.) 3042 Kmart 4747 CENTRAL AVE. NE COLUMBIA HGTS. MN 55421 --¢- ~'*¢~ ~"~'1 ¢--'¢~ a,~'~.'~ ~-~- ///////// // ///-/-//// //// Tim Johnson - K-Mart tent Page 1 From: Dana Alexon To: Tim Johnson Date: 6/5/01 2:51PM Subject: K-Mart tent The Fire Department has reviewed plans submitted for the temporary tent at K-Mart and is approving the use of this tent subject to field inspection once the tent is actually erected. 85/2~/2~81 ~:59 B]25715245 K~RT PaGE 03 CITY COUNCIL LETTER Meeting of: June 11, 2001 AGENDA SECTION: Consent I_[ A ~'~ ORIGiNATiNG DEPT.: CITY MANAGER NO: -~ Community Development APPROVAL ITEM: Resolution 2001-38, LotSplit BY: Tim Johnson NO: Case # 2001-0609, 3855 Main Street NE DATE: June 6, 2001 Issue Statement: A request for a lot split of the property located at 3855 Main Street NE. Currently 3855 Main Street NE is 40 by 126 feet in size. The applicant is proposing to split this lot in half and add the south 20 feet to his property at 3849 Main Street NE, and the north 20 feet would be added onto the property at 3859 Main Street NE. Background: Section 9.407(3) of the Columbia Heights Zoning Ordinance requires that an application for a lot split be reviewed by the Planning and Zoning Commission which shall provide a report to the City Council either recommending approval or denial of the proposed lot split. There are no previous Planning and Zoning Commission cases on this site. However, there was a former house on the lot being split that was demolished in December 2000. The former house was evidently a point of concern for many neighbors. The split will allow for the two abutting properties to enjoy additional green space. Analysis: The proposed lot split meets all the minimum requirements of the Zoning and Subdivision Ordinances. The proposed split would make three non-conforming lots into two conforming lots. The current platted lots are short of the required 6,500 square feet for lot size. However, after the split the resulting lots will be 8,820 square feet and 7,560 square feet respectively for 3849 and 3859 Main Street NE. The proposed lot split will also bring the setbacks for the property at 3849 Main Street NE into conformance as the current house is less than five (5) feet to the property line and the detached garage is less than three (3) feet to the property line. The new lot widths will be seventy (70) feet and sixty (60) feet respectively for 3849 and 3859 Main Street NE, which meet the minimum requirement of sixty (60) feet. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on June 5, 2001. They voted to recommend City Council approval of the lot split at it is consistent with City subdivision standards. Recommended Motions: Move to waive the reading of Resolution 2001-38, there being ample copies available to the public. Move to adopt Resolution 2001-38, a resolution approving a lot split of the property at 3855 Main Street NE. Attachments: Staff Report; Resolution 2001-38, Completed application form; Certificate of Survey; Area map; and Notice ('Public Hearing COUNCIL ACTION: Case: 2001-0609 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE JUNE 5, 2001 PUBLIC HEARING Case#: 2001-0609 GENERAL INFORMATION Owner: Address: Phone: Brian Roeller 3855 Main Street Columbia Heights, MN (763) 208-0502 Applicant: same Parcel Address: 3855 Main Street Zoning: R-3 Multi-Family Residential Comprehensive Plan: LDR, Low Density Residential Surrounding Zoning and Land Uses: Zoning North: R-3 South: R-3 East: R-3 West: R-3 Land Use North: Residential South: Residential East: Residential West: Residential BACKGROUND Explanation of Request: A request for a lot split of the property located at 3855 Main Street NE. Currently 3855 Main Street NE is 40 feet by 126 feet in size. The applicant is proposing to split this lot in half and add 20 feet to his property at 3849 Main Street, and 20 feet to the comer property at 3859 Main Street. This split would bring both lots into conformance with current City lot standards. Section 9.407(3) of the Columbia Heights Zoning Ordinance requires that an application for a lot split be reviewed by the Plarming and Zoning Commission which shall provide a report to the City Council either recommending approval or denial of the proposed lot split. Case Histo~: There are no previous Planning and Zoning Commission cases on this site. ANALYSIS Case: 2001-0609 Page: 2 Surrounding Property: The surrounding property in all four directions is zoned R-3, Multi-Family Residential, and is used residentially. Technical Review: Section 9.108(4) of the Columbia Heights Zoning Ordinance regulates lot area, width, and yard requirements in the R-3 District, and Section 9.104(5) regulates accessory structures. Applicable requirements are as follows. · Minimum lot size shall be 6,500 square feet for a single family home - the proposed Tract "A" is 7,572 square feet and Tract "B" is 8,834 square feet, both of which meet minimum lot size requirements. · Minimum lot width shall be 60 feet - Tract "A" will be 60 feet wide and Tract "B" will be 70 feet wide. · Front yard shall be a minimum of 25 feet - the existing house on Lot 30 does not meet this requirement as it is 24 feet from front property line, but is considered 'grandfathered'. The existing house on Lot 28 does not meet this requirement either as it is 15 feet from the front property line, but is also considered 'grandfathered'. · Rear yard shall be at least 30 feet - the existing houses on Tract "A" and Tract "B" will both meet this requirement. · Side yards shall be at least five feet - the existing house on Lot 30 is currently 6.5 feet from side property line, and the new side yard setback will be 26.5 feet, meeting requirements. The existing house on Lot 28 is currently 3.4 feet from the side property line, but the lot addition will provide an eighteen (18) foot side yard setback, thus meeting requirements. · Detached accessory structures shall be at least 3 feet away from side and rear property lines - there is currently a detached garage on Lot 30 which meets the setback requirements. The detached garage on lot 28 is 2.3 feet from the property line, which does not meet requirements. However, the new side yard setback will be 22.3 feet, thus meeting requirements. · Any lot over 6,500 square feet may have a lot coverage of up to 30% - the lot coverages on Tract "A" and Tract "B" will be well under 30%, so the proposal meets these requirements. Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for future low density residential development. Summary: The positive aspects of this proposal are as follows. 1. The proposal is consistent with the City Comprehensive Plan and meets the minimum requirements of the Columbia Heights Zoning Ordinance. 2. Both 3849 and 3859 Main Street will become conforming lots with the proposed split. Case: 2001-0609 Page: 3 CONCLUSION Staff Recommendation: Staff recommends approval of the lot split as it meets the technical standards of the Zoning Ordinance and is consistent with the City Comprehensive Plan. Recommended Motion: Move to recommend City Council approval of the lot split as it is consistent with City subdivision standards. Attachments: · Completed application form; Certificate of Survey; Area map; Resolution; and Notice of Public Heating This is an application for a lot split of the property currently known as 3855 Main Street. The pro/~rty is 40 feet wide, by 126 feet long. The property is to be split down the center with 20 feet to be added to the two neighboring properties at 3849 and 3859 Main Street. 3849 is currently a 50 foot wide property and 3859 is currently a 40 foot wide property. This will also bring both of the lots into conformance with city standards. Thank you for your consideration Brian Reeller 3849 Main Street '<:0 0 0 Kid . IL MEMD£R$ Ted Yehle Donna Schmit~ Stephan Johnson 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 Tuesday, June 5 2001. The order of business is as follows: A request for a lot split of the property located at 3855 Main Street NE. The current property is 40 feet X 126 feet in size, and has been proposed to be split down the center, with 20 feet to be added to the two abutting properties at 3849 and 3859 Main Street NE.. Section 9.407(3) of the Columbia Heights Zoning Ordinance requires that an application for a lot split be reviewed by the Planning and Zoning Commission, which shall provide a report to the City Council either recommending approval or denial of the proposed lot split. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Tim Johnson, City Planner, at 763-706-3673. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager 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.) Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other CITY OF COLUMBIA HEIGHTS ..~ i,g-o · OO ."7c Io. - 1. Street Address of Subject Property: 2. Legal Description of Subject Property: Applicant: Address: Phone: ';&~' 2.,,0~- 0.~'0"~- Owner: Name: ~*'/; ~; ~'~¢ll~- Address: Phone: 7&~-~OF- Description of Request: ZoninK: Applicable City Ordinance Number Present Zoning Present Use~A;~$~;A9 ~Or Section Proposed Zoning Proposed Use ~¢~ 7. l~eason for Request: ~r ~?il ~l~e ~ ~oa ¢~o~,'~J /ars ~zro V'~-~ 8. Exhibits Submitted (maps, diagrams, etc.) Acknovledgment 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 Minn~sota. Signature of Applicant: ~~,~- Date: ~_[A-ol Taken By:__ ~5% 3956 3950 3929 3946 -,,x/ 3942 Dr' 3938 < 3932 3928 3924 3916 3905 3914 3910 , 3? 100 3852 3848 3842 80 3836 ~ 3828 N</ 3824 3820 3816 3810 ~ 3804 81 3800 82 3752 3744 3741 3740 3732 3728 4045 4d;4Zi 4040 4039 4038 4033 4030 4029 4024 4022 4025 4016 4013 4012 4009 4008 4007 4004 4003 4000 40TH 150 160 3949 3948 3945 3946 3941 3942 3937 3938 3928 3929 3926 3920 3919 3916 3915 3912 3910 3909 151 3906 39TH 3859 3856 3855 3852 3849 3848 3843 3840 3837 3836 3831 3832 3825 3828 3819 3820 3815 3806 3811 3804 3807 3802 3801 3800 38TH 3755 3756 3748 3747 3744 3743 3740 3739 3736 3733 ~ 37~9 3728 4045 4035 4029 4021 4040 4013 I AVE 3907 3901 3863 3859 3855 3858 3851 3850 3847 3848 3843 3844 3839 3838 3837 3832 3833 3826 3827 3820 3819 3816 3815 3812 3809 3806 3805 3800 .... 5756 3755 3752 3748 3747 3744 3741 3740 3736 3737 3732 3728 3925 391,' 3835 3829 3825 3823 3815 3811 ~ 3805 ~ 3755 ~/~ 374~ ~ 3741_ ~ 3737 } 3729 FOR BR I~AN ROL~LER .___ CERT I F I CATE OF SURVEY 0 2O SC^LE IN FEET KUr~TH StRVEY~. NC. 39TH AVENUE (60 FT. R/W) 126.6 (IR) 126.2 (M) ~SOUTH 20 00 FEET OF LOT 29 [...., ¢3849 ¢ 1-S-F ",: :'; ~l~ -'-' - ;'- ¢,,04. ~ %NO~TH LINE OF LOT 27 ,- EXISTINO DESCRIPTION FOR #8850 NE MAIN STREET: EXISTINO DESCRIPTION FOR #$8~5 NE MAIN STREET: EXISTINO DESCRIPTION FOR #3849 NE MAIN STREET: pROPOSED DESCRIPTION FOR TRACT A: PROPOSED DESCRIPTION FOR TRACT B: CiTY OF COLUMBIA HEIGHTS 590 - 40th AVENUE N.E. COLUMBIA HEIGHTS, MN 55421 I, Brian Michael Roeller, hereby request a split of PIN 35 30 24 33 0059 Legally described as: Lot 29, Block 80, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. THE DESCRIPTION HENCEFORTH TO BE: I. That part of Lot 29 lying North of the South 20 feet, Block 80, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. TO BE COMBINED WITH PIN 35 30 24 33 0060, Lot 30, Block 80, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. See survey TRACT A for new legal description. ~ 2. The South 20 feet of Lot 29, Block 80, Columbia Heights Annex to Minneapolis, Anoka County Minnesota. TO BE COMBINED WITH PIN 35 30 24 33 0058, Lot 28 and the North 10 feet of Lot 27, Block 80, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. See survey TRACT B for new legal description. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, are paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Recorder within one (I) year of the date of the Council action. PLANNING & ZONING DEPARTMENT ACTION: APPROVED This 5t~ dayof June Offered by: Yehle Seconded by: Ericson Roll Call: All ayes Zoning ,2001. CITY COUNCIL ACTION: This day of Offered by: Seconded by: Roll Call: ,2001. Signature of Owner, Notarized Owner's Address: 3849 Main Street NE Telephone No. 763-208-0502 SUBSCRIBED AND SWORN TO BEFORE ME this/~'~day of ,,~-y' ,2001. Notary Public Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of: June 11, 2001 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: q -A-L[ Fire ITEM: Approval of Rental Housing License BY: Dana Alexon B Y'~ J//~ffg~3~t/~ Applications NO: DATE: June 6, 2001 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Housing Maintenance Code. COUNCIL ACTION: Occupany I.D. Property Owner Name Property Address 30032 Ashraf LLC 940 39th Avenue F4729 12065 Randee Ar[mann 4535 Washington Street F4693 10075 Sally Backlin 4860 Monroe Street F4634 10056 Jeff Bahe 3827 Central Avenue F4759 10037 Thomas Blomberg 4852 Monroe Street F4792 12049 Mark Boege 4127 2nd Street F4742 12059 Marietta Bornholdt 4207 2nd Street F4780 12053 Lowell Brown 3943 Tyler Street F4685 12040 Leslie Bumhett 3747 2nd Street F4724 12041 Ronald Cadieux 665 45th Avenue F4741 30041 Richard Caron 1020 40th Avenue F4659 34000 Richard Christensen 4310 3rd Street F4655 12000 Andrew Danko 5037 Madison Street F4631 12039 Richard Deering 3824 3rd Street F4786 30123 Martha Demetriou 4654 Tyler Street F4720 12003 Mark Dostaler 5103 6th Street F4607 12011 Rita Egan 607 38th Avenue F4696 12204 Joel Fantle 3982 Tyler Street F4739 12066 Willam Franz 3830 3rd Street F4682 10070 Lawerence Garner 3740 2nd Street F4740 06/06/2001 10:12 Page 1 Permit # Occupany I.D. Property Owner Name Property Address 20085 Lawerence Garner 3712 2nd Street F4740A 12042 Jennifer Gorka 1230 Circle Terrace F4774 12030 Jane Halek 4600 Fillmore Street F4775 12019 Tod Hanson 4918 Tyler Street F4707 20146 Bette Harlan 5037 Jackson Street F4706A 20036 Diaa Hassan 4317 3rd Street F4721 12032 Adel Hegazi 1333 Circle Terrace F4715 12045 Marvin Herman 1339 Circle Terrace F4785 12162 Kathryn Hoefs 4303 University Avenue F4654 30139 Vernon Hoium 5025 University Avenue F4644 30098 Jim Horn 1036 Peters Place F4635 30073 Kent Hughes 3923 Lookout Place F4668 30028 Douglas Jones 5100 6th Street F4657 30076 Michael Juaire 4545 Madison Street F4710 30099 Mujtaba Khan 1045 Peters Place F4629 12021 John Kimmes 4243 2nd Street F4738 30036 Ruth King-Smith 539 40th Avenue F4660 20180 Kenneth Koster 5152 Washington Street F4676 12038 Peter Kotzer 4203 2nd Street F4733 20008 David Lange 4506 Fillmore Street F4648C 06/06/2001 10:12 Page 2 Permit # Occupany I.D. Property Owner Name Property Address 20048 David Lange 1307 Circle Terrace F4648D 20140 David Lange 1272 Circle Terrace F4648E 12070 Elizabeth Langley 3833 Reservoir Blvd F4797 10024 Leon Larson 1221 43rd Avenue F4626 12197 Timothy Leland 5116 Washington Street F4689 12048 Richard Levine 3939 Tyler Street F4722 20074 John Majewski 5111 Washington Street F4675 20044 Edwin Matthes 5229 7th Street F4708 30067 Samuel Mikre 3709 Jackson Street F4620 30068 Samuel Mikre 3855 Jackson Street F4620A 10005 David Nelson 3911 Tyler Street F4725 30136 Maynard Nielsen 4733 University Avenue F4622 12016 Jean Nixon 4700 Jefferson Street F4700 20271 Alice Nopola 4937 Jackson Street F4777 12028 Donald Olson 206 42nd Avenue F4743 30146 Scott Owens 4032 Van Buren Street F4711 30072 Kenneth Pearson 3915 Lookout Place F4704 30138 Kenneth Pearson 4927 University Avenue F4647 20169 Joel Perkins 4518 Washington Street F4628 20183 Darwin Peterson 5228 Washington Street F4662 06/06/2001 10:12 Page 3 Permit # Property Address Permit # Occupany I.D. Property Owner Name 30029 Robed Prior 631 37th Avenue F4637 30110 Robert Prior 538 Summit Street F4683 30137 Robert Prior 4911 University Avenue F4652 20212 Jai Ramnarine 4550 7th Street F4698 20167 Jessie Rudensky 4534 Washington Street F4697 20394 Donald Rudnitski 5115 Washington Street F4691 30118 Thomas Sathre 4625 Tyler Street F47'17A 10079 Alan Schultz 525 38th Avenue F4692 12035 Gale Seever 5208 Washington Street F4673 12012 Lisa Swanson 4530 Washington Street F4701 10002 Thevendra Thuraisingham 1000 41 st Avenue F4768 20012 Vickie Tierney 5252 Washington Street F4688 30054 Frank Trisko 950 47th Avenue F4684 30056 Robert Tu rcotte 1440 47th Avenue F4694 20022 Bret Weiman 4610 Washington Street F4705 12187 Anthony Wilczek 3935 Tyler Street F4625 10092 Donald Woods 4901 5th Street F4793 20002 Mark Youngren 3816 3rd Street F4795 06/06/2001 10:12 Page 4 CITY COUNCIL LETTER Meeting of: June 11,2001 AGENDA SECTION: ~ _ ~ ~ ~ ORIGiNATiNG DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda By: Shelley Hanson ,c~' DATE: ~fj~ NO: DATE: June 8, 2001 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the June 11, 2001 City Council meeting. The agenda consists of applications for contractors licenses. 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 carmot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for June 11, 2001 as presented. COUNCIL ACTION: TO CITY COUNCIL June 11, 2001 *Signed Waiver Form Accompanied Application 2001 BUSINESS LICENSE AGENDA APPROVED BY CONTRACTORS LICENSED AT FEES BUILD1NG OFFICIAL * Lakeland Heating & AC *Petersdorf Co. *Lindgren Air Inc. *All Season's Htg. & AC Accent Service Plumb 16041 Kangaroo St NW 1628 122nd Ave NE 15785 Zebra Ave 11279 269® Ave 850 So. Wilder $50.00 $5O.O0 $5O.O0 $50.00 $50.00 license agenda f CJ'f ~:~d.. ,q', .. [.. 6~4 ~, ';2:1. C) ,, "7zi E,~,q- .. '2 :L C, .. '7 z~.. NUMBER AMOL.IhIT .... Il. Ct !iE!Z:I.'.{ ]~ N(Ti AC(]:OUh!"f' E:OCA---(Z~:OL.A BO'T"f'L, ING M!DWEZ COLLOVA/MEL. COI. L.tM}%tZA HIEI[.~HTS HIGH SC COi.lJMB!A HtEIGI.I'f'S LIONS C EZAGI,.E~ WZi~hIE COMPAhtY EAS'f' SII>E BIEViEF~AGE~ CO E I_RITE/WILi. IAM GU'TZ K1E/FIARC'~E~ !'iO HIE N~T'E] ]1] N S iii N C ZKOhi OF'F:'ICI~] SOt. UTION I l',t] ) El::' E I'-I D E]~I T' SCf-!O0!. ]i;I',t',~;l~)I~] C:OFd',tiEI:( UMPZF::E]S ,J'RB!"iI',i'~ON Bt::~OS. I...IQtJOF~ CO., I.. ~:~t'.ID T' iii T'L.!E Z N C MI~DIC!NE] I. AKIE ]'OLJRS MISS~][SSIF:'t::'Z VAI..I.!EY C)!:(CHIE MI-.! POi..t..U"f'ICd'-! COhITROL. AGE MI',t S'FA'f'E T'RIEAS BU]IB...DZI',IG MCIt~]. !.. EF::/K A F:.tE~ht OF:'F I E:IE DEF:'OT F:'IE P S I · "C Oi.. A'--' 7 t..ll::' F:'E]'f'TY (]:A~:H .... GF::IE(SOF::Y (SAG P!E'f'"fY CA'.:]~H .... i(ARIEN MOIEI...!.. !::'IE'f'"fY E:ASH .... MARY' DtJGDAL. PIE'T"I"Y CASH .... F:'ATT'Y Mt.J'.:~CO I::'HiL!...II:;'S W!!'.!E; ~-: :~F:'II:(IT~; F:'R I OR WZNE RE]"~'A]I]!.. 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O .:lb:', ,, 1 3 C:{.-[IE (i~ l.< t',l L J F { i[.i',' {i~; }:;,' AMOUNT WE A'J {.-IIE F<Ai*h6, 92658 79 ,. 05 WIi..L. AMIZ'F'i"E; ]ZI,IDUSTF;:1;ili?S ;{Z{,{ 92659 ~::396 .. 6<) WZIZI...~i;ON DI~?,TEi..OF:'MIEI, I"f SEF;Y,./I 92660 39.00 WW GI:;.~A ]] NGEF~ 92661 42., 69 21 {{~C;{ .E{:;2 I NC: 92662 :I. 45 ,. 62 CITY COUNCIL LETTER Meeting of June 11, 2001 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO: b~ ~ Fire APPROVAL ITEM: Close Hearing BY: Dana Alexon BY: ~////~//~/ Rental License Revocation DATE: June 5, 2001 DATE: NO: The matter of the revocation of the license to operate a rental mt(s) within the City of Columbia Heights against Oevering Oranzo regarding rental property at 3933-3935 Ulysses Street for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of June 11 ~ 2001. The public hearing on this property may now be closed in that the owner has sold the property and it will be the responsibility of the new owner to bring the property into compliance with the Residential Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Heating Regarding the Revocation or Suspension of the Rental License Held by Oevering Oranzo Regarding Rental Property at 3933-3935 Ulysses Street in that the Property has been sold and the new owner will be responsible for Compliance with the Residential Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of June 11, 2001 AGENDA SECTION: Resolutions/Ordinances ORIGINATiNG DEPARTMENT: CITY MANAGER NO: ~9 -~ Fire APPROVAL ITEM: Close Hearing/Adopt Resolution For BY: Dana Alexon BY: ~J?VJ~~' Revocation DATE: June 6, 2001 DATE: NO: 2001- Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Robert Mikulak regarding rental property at 228 40th Avenue for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public heating RECOMMENDED MOTION: Move to waive the reading of Resolution No.2001- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2001- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Robert Mikulak Regarding Rental Property at 228 40th Avenue NE. COUNCIL ACTION: RESOLUTION 2001-42 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY ROBERT MIKULAK (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 228 40TM AVENUE NE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON MAY 22, 2001 OF A PUBLIC HEARING TO BE HELD ON JUNE 11, 2001. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FiNDiNGS OF FACT 1. That on February 8, 2001, Matt Field and John Larkin, inspectors for the City of Columbia Heights, inspected the property and noted fourteen (14) violations and also requested that the interior of all units be inspected. Compliance orders listing the violations and requesting an interior inspection of all units was mailed by regular mail to the owner of the address listed on the Rental Housing License Application. 2. That on March 16, 2001, Matt Field and John Larkin, inspectors for the City of Columbia Heights, reinspected the property and noted that the fourteen (14) violations remained uncorrected and noted that no inspection had been scheduled. Compliance orders listing the violations was mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 3. That on April 12, 2001, Matt Field, inspector for the City of Columbia Heights, reinspected the property and noted that the fourteen (14) violations remained uncorrected and noted that no inspection had been scheduled. Compliance orders listing the violations was mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 4. That on May 3, 2001, Matt Field and Dana Alexon, inspectors for the City of Columbia Heights, reinspected the property and noted that ten (10) violations remained uncorrected and noted that no inspection had been scheduled. Compliance orders listing the violations and a letter advising of the City Council action and revocation hearing was mailed by certified mail to the owner at the property at the address listed on the Rental Housing License Application. 5. That on June 5, 2001, Matt Field and Dan O'Brien, inspectors for the City of Columbia Heights, reinspected the property and noted that five (5) violations remained uncorrected and noted that no inspection had been scheduled. 6. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: FAILURE TO CORRECT VIOLATIONS OF THE HOUSING MAINTENANCE CODE. FAILURE TO SCHEDULE THE INSPECTION OF INDIVIDUAL RENTAL UNITS AS REQUESTED BY THE HOUSING ENFORCEMENT OFFICIAL. 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this heating according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 228 40th Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F4617 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves fi.om the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this 11th day of June, 2000 Offered by: Second by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: June 11, 2001 ~, ORIGINATING DEPT: CITY MANAGER AGENDA SECTION: -- - FINANCE APPROVAL NO: ITEM: CONTRACT WITH THE AUDITING BY: ~L~LRITE FIRM OF HLB TAUTGES REDPATH, LTD. FOR AUDITING SERVICES DATE: 06~07/01 NO: In 1997 the City of Columbia Heights entered into a four-year contract with the auditing firm of HLB Tautges Redpath, Ltd. to perform the 1997, 1998, 1999, and 2000 audits. During this period of time the City has received excellent service from this firm. They complete the annual audit on a timely basis and are available throughout the year to assist staff with accounting and compliance issue areas. Their firm specializes in governmental services and auditing and they do an excellent job of staying current with changes in requirements for governmental entities. As was discussed with the City Council at the presentation of the 2000 Comprehensive Annual Financial Report and Audit, there are significant accounting regulation changes that need to be implemented within the next three years. The most significant of these changes is GASB (Governmental Accounting Standards Board) 34, which establishes a totally new reporting format that will necessitate significant accounting changes. The City of Columbia Heights needs to begin immediately with making the necessary accounting changes to implement the GASB 34 standards and present the 2003 Comprehensive Annual Financial Report and Audit in the format prescribed by GASB 34. As the auditing firm of HLB Tautges Redpath, Ltd. is familiar with the City of Columbia Heights and has established a good working rapport with staff, we feel it will be far more efficient and cost- effective to work with their firm on the implementation of the new standards. Subsequently, staff is recommending that we submit a proposal to HLB Tautges Redpath, Ltd. to continue auditing services from their company for the next four years at their current contract amount plus 3% Lrfflation each year, and in the year GASB 34 is actually implemented, we will authorize an additional $3,000 payment to cover the additional cost of the auditing change. It is staff's feeling that if we submit this proposal to their firm that they will accept it rather than gambling on the fact that we may do the request for proposal. It should be noted that if we were to do a request for proposals and change auditing firms, it would require significant additional staff time to complete an audit with a new auditing firm who is not familiar with the City of Columbia Heights and our records. In addition to that, by auditing standards, a new auditing firm is required to start from scratch on a detail internal control survey of the City, which is very time consuming. This has already been completed by HLB Tautges Redpath, Ltd. and is merely updated each year. A change in auditing firms could easily consume an additional 200 hours in City staff time just to prepare the basic survey and work papers that would be required for the transition. Subsequently, it is staff's recommendation to present the above proposal to HLB Tautges Redpath, Ltd. RECOMMENDED MOTION: Move to authorize Mayor and City Manager to enter into a four-year agreement with HLB Tautges, Redpath, Ltd. for auditing services at a rate not to exceed a 3% increase per year over their current 2000 year auditing fee. Authorize an additional payment of $3,000 in the year that GASB 34 is implemented. WE:sins 0106072COUNCIL COUNCIL ACTION: COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: June 11, 2000 AGENDA SECTION: 7 C 2 ORIGINATiNG DEPARTMENT: CITY MANAGERS NO: CITY MANAGER APPROVAL NO: DATE: June 6, 2001 DATE: Issue Statement FREE TO BE!, a non-profit organization helping Anoka County residents to become self- sufficient, is preparing to open a multicultural, intergenerational childcare center at Crest View - Columbia Park serving 57 children. As the attached letter from Barbara Dumke, Executive Director of the organization notes, they would like to have a Council member from Columbia Heights join their Board of Directors, as FREE TO BE! will soon be located in the community. Background Beginning with the new school year in September, the FREE TO BE! daycare center will be replacing the Little Voyageurs Montessori School at Crest View - Columbia Heights, 1515 44th Avenue NE. This daycare program will provide services for all preschool ages, as well as before and after school care. In addition, Head Start will be available for qualified families with preschoolers in association with the Anoka County Community Action Program. The attached brochure explains more about the childcare center. FREE TO BE! also runs a very successful car care program for low income families, repairing about 120 cars per year or donating vehicles so that these families can achieve economic self- sufficiency through reliable transportation to and from their jobs each day. Plans are in the works to add health screening, food and clothing, education, guidance, peer support and refen'als to the list of programs. Another brochure - also attached - explains more about the car care program and the mission of FREE TO BE! Recommendation As other Anoka County communities have done, recommend that the Columbia Heights City Council move to appoint a representative to the FREE TO BE! Board of Directors to attend the next meeting of the organization on Friday, June 29th at the Anoka County Government Center. Recommended Motion: Move to appoint as a representative to the "Free To Be!" Board of Directors. COUNCIL ACTION: FREE TO BE! City of' Columbia Heights 590 40th Av NE Columbia Heights, MN 55421-3835 Attn: Mark Nagel Dear Mark, P.O. BOX 307 ANOKA, MN 55303 ,ufle 4, 2001 As you know, Free to Be! has been active in Anoka County for the past year in starting up services to support families and households in their efforts to become self-reliant. We have successfully served over a hundred households in repairing their vehicles or in obtaining donated vehicles to ensure that the families are able to get and keep employment or education. Free to Be! is now preparing to open in September its multicultural and intergenerationai child care center at Crest View in Columbia Heights. We plan on serving 57 children of all ages. We would not have been able to offer these services without the active participation and support of local communities and faith based congregations, businesses, various funders, governmental and non-profit agencies. We are privileged to have this support and involvement. Several of these groups sit on our Board of Directors which oversees and guides the direction of Free to Be! Free to Be! wants to foster good relationships with the communities in which it works. We believe that partnerships with the cities are important to the ongoing success of a new organization like ours. Therefore, I am requesting, on behalf of our Board of Directors, if the City of Columbia Heights would consider appointing a representative to our Board. Our Board meets monthly from 8:30 to 10:15 a.m. on a weekday. The next scheduled meeting is June 29, 2001 at the Anoka Government Center in Room 434. I would like to suggest that in your consideration of a representative, that you identify someone who could "wear two hats," so to speak. We need someone who feels comfortable to represent both a faith community as well as the City of Columbia Heights. This person should be interested in multicultural child care as well as intergenerational issues, since we will be located at Crest View. I would be happy to answer any questions about Free to Be! and the Board. I am enclosing two brochures which show our activities. Please call me at 763-712-9988. Thank you for your consideration. BS i;~;~YAY. °~~ iNo~woq~.~.~n(~qxv.~ ~nox ~oa ~H.~ '~.S!l EU!l!Ota aq~, uo papnl~u! aq o~. ~.uo*~ 'r -~m ~.oo.~uoo asOeld 'a~4.unlo^ o4. 4.uo~ T :u~a~I o~. ~,UO~ Z i36 O.L :1:3~:1 ~.noqo aaom Eu!uao~I u! p~.~sa~.u! u~o T '£O£gg NW 'mlOU¥ 'ZO£ xo8 0'd o,~ i!~W i~8 0J. 33~do~. ~lq~x~ ~ .~noX ~,YoW idlaq II!~ T ~oq $,ad~H 'X=ua!~!J.J. ns-J. laS o!tuouooa ~^=!qoo aldoad dlaq o,~ J, uo~ Z 'SDA JUNE 5, 2001 7:00 PM The meeting was called to order at 7:04 pm by Chairperson Ramsdell. Shelley Hanson was appointed Secretary for this meeting. Roll Call: Commission Members present-Ramsdell, Ericson, Schmitt, and Yehle. Commission member Johnson was not in attendance. Also present was Tim Johnson (City Planner). The minutes fi'om the meeting of May 1, 2001, were not included in the agenda packets, so could not be approved at this time. NEW BUSINESS A. Public Heating-Lot Split Brian Roeller Case #2001-0609 3855 Main Street Planner Johnson presented the request of Brian Roeller for a lot split of the property located at 3855 Main Street. The lot is currently 40 x 126 in size and the proposal is to divide the property in half and add 20 feet to each of the adjoining property owners at 3859 Main St and 3849 Main Street. This lot split resulting in additional footage for both properties would bring both lots into conformance with current City lot standards. The proposal is consistent with the City Comprehensive Plan and meets the minimum requirements of the Columbia Heights Zoning Ordinance. Section 9.108(4) of the Columbia Heights Zoning Ordinance regulates lot area, width, and yard requirement in the R-3 District, and Section 9.104(5) regulates accessory structures. Applicable requirements are as follows: Minimum lot size shall be 6,500 square feet for a single family home-the proposed tract "A" is 7,572 square feet and Tract "B" is 8,834 square feet, both of which meet minimum lot size requirements. Minimum lot width shall be 60 feet-Tract "A" will be 60 feet wide and Tract "B" will be 70 feet wide. Front yard shall be a minimum of 25 feet-the existing house on Lot 30 does not meet this requirement as it is 24 feet from front property line, but is considered 'grandfathered'. The existing house of Lot 28 does not meet this requirement either as it is 15 feet from the front property line, but is also considered 'grand fathered'. PLANNING AND ZONING COMMISSION MINUTES OF MEETING OF rtYNE 5, 2001 PAGE 2 Rear yard shall be at least 30 feet-the existing houses on Tract "A" and Tract "B" will both meet this requirement. Side yard shall be at least five feet-the existing house on Lot 30 is currently 6.5 feet from side property line, and the new side yard setback will be 26.5 feet, meeting requirements. The existing house on Lot 28 is currently 3.4 feet fi-om the side property line, but the lot addition will provide an eighteen(18) foot side yard setback, thus meeting requirements. Detached accessory structures shall be at least 3 feet away from side and rear property lines-there is currently a detached garage on Lot 30 which meets the setback requirements. The detached garage on lot 28 is 2.3 feet from the property line, which does not meet requirements. However, the new side yard setback will be 22.3 feet, thus meeting requirements. Any lot over 6,500 square feet may have a lot coverage of up to 30%-the lot coverage on Tract "A" and Tract "B" will be well under 30%, so the proposal meets these requirements. Staff recommends approval of this request. Ramsdell asked about the background of how this property became available. Planner Johnson explained that Mr. Roeller purchased the property from the city and had the old structure demolished in December 2000. The two adjoining property owners have been maintaining the property since the time of their purchase. The request for a lot split of 3855 Main St was opened up for a Public Hearing. There were no further questions or comments. Motion by Yehle, seconded by Ericson, to recommend City Council approve the lot split as it is consistent with city subdivision standards. All ayes. MOTION PASSED. B. Site Plan Review Case #2001-0610 PMJ Group-Mike Juaire 4255 3rd Street NE The applicant requests site plum approval to permit the construction of a four unit, rental townhouse, multi-family building at 4255 3rd Street. The submitted plans show a building footprint of 70 11 by 42 fr which includes 1,245 sq 11 of living space for units ! and 2, and 1,295 sq 11 of living space for units 3 and 4. Each unit includes two bedrooms, and furnished appliances. PMJ Group has purchased the property, which measures 110 tl PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF JUNE 2, 2001 PAGE 3 x 110 ff and intends to build a new 4-plex identical to the one formerly approved at 4301 3rd St, which abuts this site. The structure will face 3rd Street and have University Ave for its back. It does comply with the new Comprehensive Plan for medium and high density residential. The proposal fills a need for more upscale rental housing, will enhance the surrounding neighborhood, increase the tax base, and the community image will be improved. The Zoning Ordinance specifies that this proposal is a permitted use in the R-3 Multi- family District as noted in Section 9.109 (1) (b), which states that "Multiple family buildings are permitted uses subject to the lot area per family provision of Section 9.109 (4)(5)?' The revised proposal meets and exceeds the minimum yard and density requirements of the Zoning Ordinance as follows: Lot width shall be at least 80 feet-subject parcel exceeds this requirement with a lot width of 110 feet. Minimum lot area shall be at least 10,000 sq fi-subject parcel exceeds this requirement with 12,188 sq ft. Total lot coverage of the primary building and accessory structures is 30%. Front yard setback shall be 30 f~-building proposed is at the minimum 30 foot setback. The side yard setback shall be 10 fi-the proposal will exceed th/s requirement with 20 foot setbacks from both property lines. Rear setback shall be 20 it-the subject parcel exceeds this requirement with a 38 foot setback. The fi:ont facade area as recommended in the proposed zoning ordinance requires a minimum of 20% of the front facade area facing a street to be doom or windows in residential areas. This proposal covers 21% of the front fagade area, meeting the requirements of the proposed ordinance. Parking requirements will be met as each umt will have a two stall 20 x 20 garage. This is the minimum recommended size for a two stall garage. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF .JUNE 5, 2001 PAGE 4 Staffrecommends approval of the site plan to allow the construction of a four unit, rental townhouse, multi family building at 4255 3rd St in the R-3 Multi Family District. Commissioner Yehle questioned how we know these rental units will be maintained in the future. Planner Johnson responded the city can only address code issues and building quality, not future maintenance. Commissioner Ericson added she has spoken with other cities where PMJ Group has built and managed other rental units, and they have been pleased with both the construction and the maintenance of these rental units. Mike Juaire was present at the meeting and stated that he plans on owning these units for quite some time as this is his livelihood. He further said that he constructs these units to be fairly maintenance free on the exterior and the), are built to last. He also reported he would probably put off developing the 4241 3faSt site until next year. Motion by Ericson, seconded by Ramsdell to approve the site plan request to allow a 70 fix 42fi four unit rental townhome building at 4255 3ra St in the R-3 Multi Family District, subject to City Engineer review and approval before excavation or construction occurs. All ayes. MOTION PASSED. C. Public Heating-Conditional Use Kmart Corp Case #2001-0611 4747 Central Ave Brett Carey, manager of the Kmart store at 4747 Central Avenue is requesting a Conditional Use Permit to allow for the placement of a tent measuring 40 x 80 t~ for the display and sale of clearance items from Jane 15 through August 15, 2001. The display is to be located on the west side of the store in the parking lot at 4747 Central Ave. Approximately sixteen (16) parking spaces would be taken up as part of the tent display in front of the Kmart store. This is the first time Kmart has applied for a conditional use permit for this type of operation. The Fire Department has reviewed and approved the construction plans for the tent. Staff therefore, recommends approval of the Conditional Use Permit provided a $500 deposit is submitted to the License/Permit Clerk prior to the display of the tent on the site to ensure removal at the end of the approved time period. Mr. Carey was present and stated the tent size has changed from the original request (40 x 80) to 40 ftx 60 ft. He was questioned about previous tents erected on the site and plans for security. He stated that he was not aware of any previous tents being erected on the property as he's only been with this store for 6 months. He also stated he has arranged for night security to prohibit vandalism or thefts from occurring. This is being PLANNING AND ZONING COMMISSION MINUTES OF THE MEETING OF JUNE 5, 2001 PAGE 5 done on a trial basis and depending on the results, it may become an annual event. He explained that other stores will also be sending over merchandise to this location to move seasonal and clearance items. Commissioner Schmitt asked whether Big Lots has been informed of these plans. She was told that they had discussed the plans and both managers felt it would only help attract consumers to the site. Motion by Schmitt, seconded by Ericson to recommend City Council approve the Conditional Use Permit to allow the placement of a 40 x 60foot tent for the display and sale of clearance merchandise from June 15, through August 15, 2001 at 4747 Central Avenue subject to the following conditions: 1. A $500 deposit shall be submitted to the License/Permit Clerkprior to display of the merchandise tent on the lot. 2. Fire Dept shall review and approve the site plans and tent construction before the tent can be erected. All ayes. MOTION PASSED. STAFF REPORTS Planner Johnson informed the Commission members that the Second Reading of the Zoning Ordinance took place May 29, 2001, and assuming there are no challenges, it will take affect 30 days from that date. He thanked all the commission members for their hard work and support during the process of getting tiffs passed. Planner Johnson presented data he had collected showing comparisons of other cities allowances for accessory structures. The City Council had asked that data be obtained so a comparison could be done to the language we have in our ordinance. Golden Valley has the same language as ours even though some of their lots are larger. St. Louis Park, New Brighton, and West St. Paul, allow for less square footage than our ordinance. It was fairly common that a detached structure cannot exceed the square footage of the principle structure. Johnson also noted that some cities do not count attached garages as accessory structures, as we d9, PLANNING & ZONING COMMISSION MINTUES OF MEETiNG OF JUNE 5, 2001 PAGE 6 After reviewing the comparisons, Commissioner Yehle didn't feel there was any reason to change from the language we have. He feels it is basically a fair way to deal with this issue. Commissioner Schmitt stated that 7 of the 12 cities polled, had the policy that accessory structures cannot exceed the footprint square footage of the principle structure. She felt maybe this should be incorporated into our language as well. Also noted was if accessory structures exceed the 1,000 sq ft, there are setback and fire safety requirements that need to be met. Chairperson Ramsdell asked Johnson to do more research on this issue. He asked if Johnson could determine the number of lots in our city over 6500 sq ft. He also asked how many variances have been requested over the last 10 years for additional sized accessory structures. Once this information has been obtained, the commission will make a decision regarding the language in the zoning ordinance pertaining to this issue. Commissioner Ericson asked for an update on the conditional use permit that was approved for the property at 508 40th Avenue. Planner Johnson stated that the owners have complied with all the conditions that were established. (The pole barn was removed, the siding repaired, railings were installed in rear, and the parking lot has been striped). However, no other progress has been made, and the building is still vacant. Motion by Ericson, seconded by Schmitt, to adjourn the meeting at 7:50pm. All ayes. MOTION PASSED. Respectfully submitted, Shelley Hanson Recording Secretary