HomeMy WebLinkAboutAugust 13, 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. columbia-heights, rnn.us
ADMINISTRATION
August 10, 2001
Mayor
Gary L. Peterson
Councilmembers
Marlaine Szurek
Julienne Wyckoff
Bruce Nawrocki
Robert A. Williams
City Manager
Waiter R. Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday,
August 13, 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 all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are
available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 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
MOTION: Move to appoint Carole Blowers Secretary Pro-Tem
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda. These
may be items brought to the attention of the Council under the Citizen Forum or items submitted after the
agenda preparation deadline.)
CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the Consent
Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of
business.)
A) MOTION: Move to approve the Consent Agenda items as follows:
1) Minutes for Approval - July 23, 2001 regular meeting and July 9, 2001 executive session meeting
MOTION: Move to approve the minutes of the July 23, 2001, regular City Council meeting as
presented.
MOTION: Move to approve the minutes of the July 9, 2001, special City Council executive session
as presented.
2)
Approve School District Request for Video Equipment Funding
MOTION: Move to approve funding of the School District's request for equipment in an amount
not to exceed $4,500, with monies coming from the cable budget. Furthermore, that funding is
provided with the understanding that programming produced will be aired on the educational access
channel, and that receipts of the purchases made be provided to the City.
3)
Approve Conditional Use Permit for 4555 University, by ChristLife Evangelical Church
Move to approve the conditional use permit to allow for ChristLife Evangelical Church to operate at
4555 University Avenue NE, subject to the following conditions:
a) All required state and local codes, permits, and inspections including, but not limited to building
permits, fire code, will be met and in full compliance.
THE CITY Of COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION Of SERVICES
EQUAL OPPORTUNITY ~MPLOYER
City Council Agenda
August 13, 2001
Page 2 of 5
b) The parking lot shall be striped and signed in a manner that is consistent with the Zoning
Ordinance.
c) All proposed signage must be submitted on the City prescribed application form and must fully
comply with the Zoning Ordinance.
d) Acceptable screening shall be continued along the south property line, as either fencing or
greenery, not to exceed the height of the current fence in place.
4)
Approve Reciprocal Easement Agreement for 4300 Central with Bradley Operating Limited
Partnership
MOTION: Move to approve the Reciprocal Easement Agreement prepared by Bradley Operating
Limited Partnership at 4300 Central Avenue NE, subject to the following condition:
a) Final review and approval by the City Attorney.
5)
Authorize Change Order for Wargo Court Retaining Wall
MOTION: Move to authorize Change Order No. 1 for City Project 1998-18 to Sunram
Construction, Inc. in an amount not-to-exceed $18,320 for the Wargo Court Retaining Wall.
6)
Authorize expenditure for Police & Fire Reserve appreciation Event
MOTION: Move to authorize the expenditure of up to $4,000 from the Civil Defense budget fund
101-42500 line 4375 to host the annual appreciation night for the Fire and Police Reserves Units,
and that the Mayor and City Manager are authorized to enter into contracts as needed for this event.
7)
Approve to establish hearing date of August 27, 2001 for Revocation or Suspension of a License to
Operate a Rental Property at 4643 Pierce Street NE and 4616 and 4622 Tyler Street
MOTION: Move to establish a hearing date of August 27, 2001 for Revocation or Suspension of a
License to Operate a Rental Property within the City of Columbia Heights against Richard Miessner
at 4643 Pierce Street NE.
MOTION: Move to establish a heating date of August 27, 2001 for Revocation or Suspension of a
License to Operate a Rental Property within the City of Columbia Heights against Syed Raza at 4616
and 4622 Tyler Street.
8)
Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for August 13, 2001
as presented.
9) Approve Payment of Bills
MOTION: Move to approve payment of the bills, as listed, out of the proper fund.
10) Approve to establish heating date of August 27, 2001 for reallocation of CDBG funds
MOTION: Move to establish a hearing date of August 27, 2001 at approximately 7 p.m. for the
purpose of reallocating CDBG Funds that were formerly used to acquire and raze property at 4656
Monroe Street. NE
5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations-none
B) Presentations
1) Community Circles Conversations - Barb Warren, Values First
2) Sister City Committee presentation to Robert Williams
C) Introduction of New Employees- none
City Council Agenda
August 13, 2001
Page 2 of 5
b) The parking lot shall be striped and signed in a manner that is consistent with the Zoning
Ordinance.
c) All proposed signage must be submitted on the City prescribed application form and must fully
comply with the Zoning Ordinance.
d) Acceptable screening shall be continued along the south property line, as either fencing or
greenery, not to exceed the height of the current fence in place.
4)
Approve Reciprocal Easement Agreement for 4300 Central with Bradley Operating Limited
Partnership
MOTION: Move to approve the Reciprocal Easement Agreement prepared by Bradley Operating
Limited Partnership at 4300 Central Avenue NE, subject to the following condition:
a) Final review and approval by the City Attorney.
5)
Authorize Change Order for Wargo Court Retaining Wall
MOTION: Move to authorize Change Order No. 1 for City Project 1998-18 to Sunram
Construction, Inc. in an amount not-to-exceed $18,320 for the Wargo Court Retaining Wall.
6)
Authorize expenditure for Police & Fire Reserve appreciation Event
MOTION: Move to authorize the expenditure of up to $4,000 from the Civil Defense budget fund
101-42500 line 4375 to host the annual appreciation night for the Fire and Police Reserves Units,
and that the Mayor and City Manager are authorized to enter into contracts as needed for this event.
7)
Approve to establish heating date of August 27, 2001 for Revocation or Suspension of a License to
Operate a Rental Property at 4643 Pierce Street NE and 4616 and 4622 Tyler Street
MOTION: Move to establish a heating date of August 27, 2001 for Revocation or Suspension of a
License to Operate a Rental Property within the City of Columbia Heights against Richard Miessner
at 4643 Pierce Street NE.
MOTION: Move to establish a heating date of August 27, 2001 for Revocation or Suspension of a
License to Operate a Rental Property within the City of Columbia Heights against Syed Raza at 4616
and 4622 Tyler Street.
8)
Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for August 13, 2001
as presented.
9) Approve Payment of Bills
MOTION: Move to approve payment of the bills, as listed, out of the proper fund.
10) Approve to establish hearing date of August 27, 2001 for
MOTION: Move to establish a hearing date of August 27, 2001 at approximately 7 p.m. for the
purpose of reallocating CDBG Funds that were formerly used to acquire and raze property at 4656
Monroe Street. NE
5. PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS
A) Proclamations-none
B) Presentations
1) Community Circles Conversations- Barb Warren, Values First
2) Sister City Committee presentation to Robert Williams
C) Introduction of New Employees none
City Council Agenda
August 13, 2001
Page 3 of 5
D) Recognition
1) Bruce Magnuson - retirement, six years on the Park and Recreation Commission
PUBLIC HEARINGS
A) Close the Public Heating for Revocation/Suspension of Rental Housing License at 3718 Central Avenue
MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental
License held by Heidi VonHeideman regarding rental property at 3728 Central Avenue, due to pending
City purchase of the property.
B)
Close the Public Heating for Revocation/Suspension of Rental Housing Revocation for 4645
Washington Street NE
MOTION: Move to waive the reading of Resolution No. 2001-48, there being ample copies available to
the public.
MOTION: Move to adopt Resolution No. 2001-48, 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 Avery Fenne regarding rental property at 4645 Washington Street NE.
ITEMS FOR CONSIDERATION
A) Other Ordinances and Resolutions
1) Second Reading of Ordinance No. 1434, being an Ordinance Amending Ordinance No. 853
Pertaining to Parking on Landscaped Surfaces.
MOTION: Move to waive the reading of Ordinance No. 1434, there being ample copies available to
the public.
MOTION: Move to adopt Ordinance 1434, being an Ordinance amending Ordinance 853, City
Code of 1977, and pertaining to Parking on Landscaped Surfaces.
2)
Second Reading of Ordinance No. 1432, being an Ordinance to Amending Ordinance 853, City
Code of 1977, and Pertaining to Nonmoving Violations
MOTION: Move to waive the reading of Ordinance No. 1432, there being ample copies available to
the public.
MOTION: Move to adopt Ordinance 1432, being an Ordinance Amending Ordinance 853, City
Code of 1977, and Pertaining to Nonmoving Violations.
3)
Second Reading of Ordinance No. 1433, being an Ordinance change pertaining to the Disposition of
Unclaimed Property.
MOTION: Move to waive the reading of Ordinance No. 1433, there being ample copies available to
the public.
MOTION: Move to adopt Ordinance 1433, being an Ordinance pertaining to the Disposition of
Unclaimed Property.
4)
First Reading of Ordinance No. 1435, being an Ordinance amending Chapter 6, Section 56 of the
Charter of the City of Columbia Heights pertaining to Purchases and Contracts
MOTION: Move to waive the reading of Ordinance No. 1435, there being ample copies available to
the public.
City Council Agenda
August 13, 2001
Page 4 of 5
MOTION: Move to establish August 27, 2001, at approximately 7:00 p.m. as the Second Reading of
Ordinance No. 1435, being an Ordinance amending Chapter 6, Section 56 of the Charter of the City
of Columbia Heights pertaining to Purchases and Contracts.
s)
First Reading of Ordinance No. 1436, being an Ordinance amending Chapter 12, Section 112 of the
Charter of the City of Columbia Heights Pertaining to Damage Suits
MOTION: Move to waive the reading of Ordinance No. 1436, there being ample copies available to
the public.
MOTION: Move to establish August 27, 2001, at approximately 7:00 p.m. as the Second Reading of
Ordinance No. 1436, being an Ordinance amending Chapter 12, Section 112 of the Charter of the
City of Columbia Heights pertaining to Damage Suits.
6)
First Reading of Ordinance No. 1437, being an Ordinance amending Chapter 12, Section 114 of the
Charter of the City of Columbia Heights pertaining to City to Succeed to Rights and Obligations of
Village
MOTION: Move to waive the reading of Ordinance No. 1437, there being ample copies available to
the public.
MOTION: Move to establish August 27, 2001, at approximately 7:00 p.m. as the Second Reading of
Ordinance No. 1437, being an Ordinance amending Chapter 12, Section 114 of the Charter of the
City of Columbia Heights pertaining to City to Succeed to Rights and Obligations of Village.
7)
First Reading of Ordinance No. 1438, being an Ordinance amending Chapter 12, Section 115 of the
Charter of the City of Columbia Heights Pertaining to Village Officers to Hold Office Till When
MOTION: Move to waive the reading of Ordinance No. 1438, there being ample copies available to
the public.
MOTION: Move to establish August 27, 2001, at approximately 7:00 p.m. as the Second Reading of
Ordinance No. 1438, being an Ordinance amending Chapter 12, Section 115 of the Charter of the
City of Columbia Heights Pertaining to Village Officers to Hold Office Till When.
8)
First Reading of Ordinance No. 1439, being an Ordinance amending Chapter 12, Section 117 of the
Charter of the City of Columbia Heights pertaining to Existing Ordinances Continued
MOTION: Move to waive the reading of Ordinance No. 1439, there being ample copies available to
the public.
MOTION: Move to establish August 27, 2001, at approximately 7:00 p.m. as the Second Reading of
Ordinance No. 1439, being and Ordinance amending Chapter 12, Section 117 of the Charter of the
City of Columbia Heights pertaining to Existing Ordinances Continued.
B) Bid Considerations
1) Authorize elimination of sanitary sewer cross connection at Jackson Pond
MOTION: Move to authorize the elimination of the sanitary sewer cross connection to Jackson
Pond as originally proposed in the Zone 5 construction plans approved by Council on May 29, 2001.
2)
Adopt Resolution 2001-49, being a Resolution Awarding the bid for demolition/removal of three
single family units and garages
MOTION: Move to waive the reading of Resolution No. 2001-49, there being ample copies
available to the public.
City Council Agenda
August 13, 2001
Page 5 of 5
MOTION: Move to adopt Resolution No. 2001- 49 for the removal/demolition of three (3) single-
family units, City Project No.'s 0005, 0017, and 0018 to Jay Bros., Inc. of Forest Lake, MN, based
upon their low, qualified, responsible bid in the amount of $24,900.00 with funds to be appropriated
from the City Stormwater Fund and PIR fund 1031 and, furthermore, to authorize the Mayor and
City Manager to enter into an agreement for the same.
C) Other Business -none
8. ADMINISTRATIVE REPORTS A) Report of the City Manager
1) Work Session Items for August 20, 2001
B) Report of the City Attorney
o
GENERAL COUNCIL COMMUNICATIONS
A) Minutes of Boards and Commissions
1) Meeting of the July 19, 2001, Telecommunications Commission
2) Meeting of the August 7, 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.
Citizens are 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. COUNCIL CORNER
Mayor Peterson - Remember: don't take life to seriously, enjoy life, and do a random act of kindness!
12. ADJOURNMENT
Walter R. Fehst, ~itty Man-agef
WRF/pvnm
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
JULY 23, 2001
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, July
23, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota.
CALL TO ORDER/ROLL CALL
Present: Council members Williams, Szurek, Wyckoff, Nawrocki, and Mayor Peterson
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA - none
CONSENT AGENDA
Mayor Peterson removed Item #4 from the consent agenda.
A) MOTION: by Szurek, second by Williams, to approve the Consent Agenda items and reflecting the
correction to the July 9th meeting minutes as discussed, and removing items #2, 4, 6, 7, 8, 9:
1) Minutes for Approval
MOTION to approve the minutes of the July 9, 2001, regular City Council meeting correcting a
word in the motion on page two from "deny" to "divide".
Nawrocki corrected a motion on page two, indicating the motion was to divide, not deny. He
indicated there should be minutes of the July 9 Executive Session for approval.
2) Establish Work Session Meeting Dates for August 6, 2001 and August 20, 2001 - Removed
Walt Fehst, City Manager listed items for discussion at the August 6, 2001 work session:
· 800 megahertz system -presentation by Anoka County 911 center
· Consider Council liaison position on the Park and Recreation Commission
· Consider funding for School District Telecommunications
· Proposed changes to City Charter, Chapter 6 - Purchases and contracts
· Proposed changes to City Charter, Chapter 12 - Damage suits
· Proposed changes to City Charter, Chapter 12 - City to Succeed to Rights and Obligations
of Village
· Proposed changes to City Charter, Chapter 12 - Village Officers to hold office till when
· Proposed changes to City Charter, Chapter 12 - Existing ordinances continued
· Consider possible Point-of-Sale inspection ordinance
Williams questioned prior Council action to not a Council member as a voting member of the
Charter Commission. Hoefi stated the Charter Commission also did not want a Council liaison.
Wyckoff indicated it was a mutual decision to keep the two bodies separate.
Nawrocki indicated the August 20th special meeting work session could not be scheduled without a
set agenda. Fehst stated the items for that work session would be listed at the August -13th City
Council meeting. Nawrocki asked to remove this item from the Consent Agenda.
3)
Authorize disposal of surplus City vehicles and/or forfeiture vehicles
MOTION to authorize the sale, salvage, or disposal of the attached listing of surplus City vehicles
by sealed bid. Dates for viewing and deadline to receive bids to be determined and published by
City Council Minutes
July 23, 2001
Page 2 of 18
the Police Department in the Focus Newspaper, the League of Minnesota Cities Newsletter, the
City's cable TV channel, and on the City's web site.
4) Authorize professional services of McComb Group Ltd. to conduct an evaluation and market
analysis of retail areas in Columbia Heights Removed
5) Authorize to seek bids for 2001 Sewer Pipe Lining
MOTION: Move to authorize staff to seek bids for the 2001 sewer pipe lining.
Fehst stated this will include 1,170feet on 3ra Street from 42n(t to 44th Avenue, and 160feet on
40th Avenue West of McKinley Street.
6) Authorize Professional services for Braun Intertec to conduct Road Rater Testing on Zone 7 City
Streets Removed
7) Approve Amendment No. 3 to the Professional Services Agreement with BRW for Central Avenue
Street, Utility and Streetscaping Design. Removed
8) Ordinance No. 1431, being an Ordinance Setting the Sale Date for the Issuance of $2,785,000
General Obligation Tax Increment Refunding Bonds, Series 200lA. Removed
Fehst indicated the intent was to refinance, but will not be possible because of a legal glitch. This may
be discussed next year by the Legislature.
9) Authorize installation of "30 minute" parking signs in front of 4024 and 4028 Central Avenue.
Removed
10) Adopt Resolution No. 2001-45, being a resolution requiring the removal of a hazardous structure
located at 528 NE 47th Avenue.
MOTION to waive the reading of Resolution No. 2001-45, there being ample copies available to
the public.
MOTION to adopt Resolution No. 2001-45, being a Resolution declaring the building on the
property located at 528 NE 47th Avenue as hazardous, the Structure/Building must be razed, and
the lot graded for future development.
RESOLUTION NO. 2001-45
RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA HEIGHTS REQUESTING
REMOVAL OF HAZARDOUS STRUCTURE LOCATED AT: 528 N.E. 47th Avenue in the City of Columbia
Heights, Anoka County, MN, Lot 1, Blk. 1, Col. Hghts. Acres, PiN # 26-30-24-34-0001.
WHEREAS, there is a substandard building 528 N.E. 47th Avenue which has been dilapidated, substandard and
abandoned for a period longer than 6 months, and
WHEREAS, Minnesota Statute 463.15 to 463.26 authorizes municipalities to address hazardous and substandard
structures and properties, and
WHEREAS, the City of Columbia Heights finds this property to be hazardous based on the following code violations
as contained in the Findings of Fact:
FINDINGS OF FACT
Dangerous Building Definitions Chapter 3 of the 1994 Uniform Code for the Abatement of Dangerous Buildings:
City Council Minutes
July 23, 2001
Page 3 of 18
302(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose
for which it is being used.
302(11) Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or
deterioration of its supporting members, or 50 percent damage or deterioration of its non supporting members, enclosing
or outside walls or coverings.
302(12) Whenever the building or structure has been so damaged by fire, wind, or flood, or has become so dilapidated
or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals, or immoral
persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.
302(17) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the
common law or in equity jurisprudence.
302(18) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the
building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to
constitute such building or portion thereof an attractive nuisance or hazard to the public.
THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, the structures at 528 N.E. 47th Avenue
are substandard and seriously deteriorated, that they lack minimum standards for habitable space per 1998 MN State
Building Code and 1994 Uniform Code for the Abatement of Dangerous Buildings, and the Building Official is
recommending the structures be removed and the lot be graded for future construction.
Conclusions of Council
That all relevant parties have been duly notified of this action.
That the structure on the property at 528 N.E. 47th Avenue is hazardous and in violation of many local, state and
national code requirements.
That the structure can not be rehabilitated to bring them into compliance with local, state and national code
requirements.
Order of Council
1. The structure at 528 N.E. 47th Avenue, Columbia Heights, Minnesota, is a hazardous building pursuant to
Minn. Stat. 463.152, 463.616.
2. The City Council further orders that personal property or fixtures that may unreasonably interfere with the
razing and removal of the structures shall be removed within thirty (30) days, and if not so removed by the
owner, the City of Columbia Heights may remove and sell such personal property and fixtures at public auction
in accordance with law.
3. The City Council further orders that unless such corrective action is taken or an answer is filed in the office of
the Court Administration of the District Court of Anoka County, Minnesota, within twenty (20) days from the
date of the service of this order, a motion for summary enforcement of this order will be made to the District
Court of Anoka County.
4. The City Council further orders that if the City is compelled to take any correction action herein, all necessary
costs expended by the City will be assessed against the real estate concerned, and collected in accordance with
Minn. Stat. 463.22.
5. The mayor, the clerk, city attorney and other officers and employees of the City are authorized and directed to
take such action, prepare, sign and serve such papers as are necessary to comply with this order, and to assess
the cost thereof against the real estate described above for collection, along with taxes.
Passed this 23rd day of July, 2001.
Offered by: Szurek
Seconded by: Williams
Roll Call: Williams aye, Szurek aye, Wyckoff- aye, Nawrocki - aye, Peterson aye. Motion carried.
City Council Minutes
July 23,200~
Page 4 of 18
Mayor Gary L. Peterson
Patricia Muscovitz, Deputy City Clerk
11) Establish Hearing Date regarding License Revocation or Suspension o£Rental Properties at 3718
Central Avenue NE and 4645 Washington Street NE
MOTION to Establish a Hearing Date of August 13, 2001 for Revocation or Suspension of a
License to Operate a Rental Property within the City of Columbia Heights against Heidi
VonHeideman at 3718 Central Avenue NE.
MOTION to Establish a Hearing Date of August 13, 2001 for Revocation or Suspension of a
License to Operate a Rental Property within the City of Columbia Heights against Avery Fenne at
4645 Washington Street NE
12) Approve Rental Housing License Application
MOTION to approve the items listed for rental housing license applications for July 23, 2001.
13) Approve Business License Applications
MOTION to approve the items as listed on the business license agenda for July 23, 2001 as
presented.
14) Approve Payment of Bills
MOTION to pay the bills, as listed, out of the proper fund.
Items No. 2, 4, 6, 7, 8, and 9 were removed from the Consent Agenda for further discussion.
Wyckoff questioned the change to the authorized disposal of vehicles, as last year vehicles were auctioned at
the Hennepin County sale. Police Chief Tom Johnson stated the request is to obtain sealed bids for the
disposal of forfeiture and selected City owned vehicles. Extensive advertising of the sale will be done, viewing
of the vehicles will be allowed, and a date to open the bids will be set. Johnson is optimistic for this to happen
in August.
Upon vote of the Consent Agenda: Williams aye, Szurek - aye, Wyckoff- aye, Nawrocki - aye, Peterson -
aye. All ayes. Motion carried.
Item #2 Establish Work Session Meeting Dates for August 6, 2001 and August 20, 2001
MOTION by Nawrocki, to establish a special work session meeting for August 6, 2001 at 7 p.m., for the
items listed by the City Manager. Motion died for lack of a second.
MOTION by Wyckoff, second by Williams, to establish Work Session meeting dates for Monday, August 6,
2001 beginning at 7:00 p.m. and Monday, August 20, 2001 beginning at 7:00 p.m.
Nawrocki asked to have the motion divided.
MOTION by Wyckoff, second by Williams to establish a Work Session meeting date for Monday, August 6,
2001 beginning at 7:00 p.m. Upon vote: Williams - aye, Szurek aye, Wyckoff- aye, Nawrocki - aye,
Peterson- aye. All ayes. Motion carried.
Nawrocki indicated Parliamentary Procedure to set a special meeting must declare the purpose or the agenda
for the meeting, and he objected to setting a meeting without having an agenda. Szurek stated the agenda
City Council Minutes
July 23, 2001
Page 5 of 18
could be set at the August J3th Council meeting. Jim Hoeft, City Attorney, indicated a meeting agenda can be
posted three days prior to a meeting. Nawrocki agreed if the meeting was set at the same time, but not if the
meeting is set prior to that time.
MOTION by Wyckoff, second by Williams to establish a Work Session meeting date for Monday, August
20, 2001 beginning at 7:00 p.m. Upon vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki nay,
Peterson aye. 4 ayes, 1 nay. Motion carried.
Item #4 Authorize professional services of McComb Group Ltd. to conduct an evaluation and market analysis
of retail areas in Columbia Heights
Fehst indicated the McComb Group has presented a plan to do a market analysis report. Mr. McComb has
reduced the initial cost by $2,000 and altered the retainer amount from one-half to one-quarter of the entire
cost. The report would analyze the retail area, identify changes, and list uses for the area.
Wyckoff 's concern was that studies have been done for the Design Team, the Medtronic project, the
Comprehensive Plan, Space Needs, and Business Retention, but have not been used or followed up on. This
study would cost over $17, 000; and she felt the need to carefully manage the City's money especially
considering Legislative cuts. Wyckoff also stated that the Community Development Department does not have
the staff to follow up on this study and do the marketing necessary to move ahead.
Nawrocki stated he recommended this group because of other projects they have done, and that they will
provide facts and figures as to what types of business this area could support. Nawrocki stated this would take
follow up work and funds to attract people here, to work with them and to help them set up in our community.
He has seen this work in Shoreview and New Brighton. Wyckoff indicated that retailers, which would benefit
by this should contribute to the cost. Williams agreed, and stated that as a City we need to help the community
grow.
MOTION by Williams, second by Szurek, to authorize the Mayor and City Manager to enter into an
agreement for the professional services of McComb Group Ltd. to conduct an evaluation and market analysis
of retail areas in the City of Columbia Heights at a cost not to exceed $17,700, based on their proposal dated
June 27, 2001.
Nawrocki pointed out a typographical error on the first page of the agreement where "Fourth "should read
"Fortieth ".
Peterson indicated that the Planning and Development Department is doing a finejob, but historically, the
City does not take the next steps necessary, or make the investment to continue the process. Peterson felt it
was poor timing to do this study now, as Central Avenue will be torn up during the next year.
Upon vote: Williams aye, Szurek aye, Wyckoff- nay, Nawrocki - aye, Peterson - nay. 3 ayes, 2 nays.
Motion carried.
Item #6, Authorize Professional services for Braun Intertec to conduct Road Rater Testing on Zone 7 City
Streets
Nawrocki stated concerns about work in previous areas of town by this company. Kevin Hansen, Public
Works Director, stated this is a private consultant used to measure existing street conditions and make
recommendations for final treatment. This is used in combination with our own analysis. Zone 7 is the last
area to be reworked in the City.
City Council Minutes
July 23, 2001
Page 6 of 18
MOTION by Szurek, second by Wyckoff, to authorize Braun Intertec Corp. Inc. to conduct Road Rater
Testing on Zone 7 streets, excluding C.S.A.H. for $1,050.00 per mile plus mobilization at a cost not to exceed
$11,000.
Upon Vote: Williams - aye, Szurek aye, Wyckoff- aye, Nawrocki - nay, Peterson - aye. 4 ayes, 1 nay.
Motion carried.
Item #7 Approve Amendment No. 3 to the Professional Services Agreement with BRW for Central Avenue
Street, Utility and Streetscaping Design
Nawrocki stated he is waiting for additional information on the initial project budget and details of where the
additional money would come from. Hansen stated he is working closely with the consultant to prepare this
information, but it is not complete at this time. Nawrocki stated previous indications were that the project was
read, y except for obtaining easements.
Williams questioned the result the request for additional funds was voted down. Hansen stated this includes
two components; the first is for work done since February to get necessary State agreements and second for
additional work to get through the bidding stage. Time has been spent coordinating the configuration 0f38th
Avenue and the cooperative agreement. Hansen listed work done to date that we have not been billed for yet.
Nawrocki stated authorization should have been received prior to the work being done. Hansen stated the
professional services agreement will be slightly over eight percent, but necessary cooperative agreements are
more complicated to get the project going.
MOTION by Wyckoff, second by Szurek, to authorize Amendment No. 3 in the amount of $82,950 to BRW
for Central Avenue street, Utility and Streetscaping from 37th to 43rd Avenues as detailed in the attached
proposal letter dated July 10, 2001 for a revised professional services agreement of $348,100; and, to
authorize the Mayor and City Manager to amend the agreement for the same
Upon vote: Williams aye, Szurek - aye, Wyckoff- aye, Nawrocki - nay, Peterson aye. 4 ayes, 1 nay.
Motion carried.
Item #8 Ordinance No. 1431, being an Ordinance Setting the Sale Date for the Issuance of $2,785,000
General Obligation Tax Increment Refunding Bonds, Series 200lA.
Hoefi suggested a motion to remove this item from consideration. Fehst stated the first reading of the
Ordinance was not completed as further research was required, and was tabled to this meeting. Nawrocki
suggested eliminating consideration of the Ordinance.
MOTION by Nawrocki, second by Wyckoff, that consideration not be given to Ordinance No. 1431.
Upon vote: Williams - aye, Szurek aye, Wyckoff- aye, Nawrocki - aye, Peterson - aye. All ayes. Motion
carried.
Item #9 Authorize installation of "30 minute" parking signs in front of 4024 and 4028 Central Avenue.
Nawrocki stated this would be giving special consideration to specific properties. Hansen stated this is a
business requesting limited, short-term parking. There would be four parking spaces affected. The Traffic
Commission recommended this be granted until street reconstruction begins or July 2, 2002. A public hearing
was held on July 2, 2001.
City Council Minutes
July 23, 2001
Page 7 of 18
MOTION by Wyckoff, second by Peterson, to install "30 minute parking from 7 a.m. to 5 p.m. Monday
through Friday" signage in front of 4024 and 4028 Central Avenue until construction begins on Central
Avenue or July 1, 2002, whichever occurs first, based on a recommendation of the Traffic Commission.
Szurek questioned the types of businesses surrounding this area. Williams indicated he would agree with the
Traffic Commission's recommendation. Nawrocki stated there were business owners in opposition to this
request.
Upon Vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - nay, Peterson - aye. 4 ayes, 1 nay.
Motion carried.
PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS
I. Proclamations- none
2. Presentations- none
3. Introductions
Mayor Peterson introduced Mr. Tom Greenhalgh, newly appointed Park and Recreation Commissioner.
Mr. Greenhalgh thanked the Council and stated his background relative to Park and Recreation.
Mayor Peterson introduced Mr. William Peterson, newly appointed Park and Recreation Commissioner.
Mr. Peterson thanked the Council and stated his background relative to Park and Recreation.
4. Recognition - none
PUBLIC HEARINGS
A) Close the Public Hearing for Revocation/Suspension of Rental Housing License at 4612 Polk Street
Mayor Peterson closed the Public Heating as the property has been brought into compliance with the
Residential Maintenance Code.
B)
Close the Public Hearing for Revocation/Suspension of Rental Housing License at 4420-4422 Monroe
Mayor Peterson closed the Public Hearing as the property has been brought into compliance with the
Residential Maintenance Code.
c)
Close the Public Hearing for Revocation/Suspension of Rental Housing License at 1035-1037 43 '/2
Avenue NE
Mayor Peterson closed the Public Hearing as the property has been brought into compliance with the
Residential Maintenance Code.
D)
Adopt Resolution 2001-46 being a Resolution for Rental Housing Revocation at 1224-1226 Cimle
Terrace
Mayor Peterson closed the Public Hearing as the property has been brought into compliance with the
Residential Maintenance Code.
th
E) Adopt Resolution 2001-47, being a Resolution for Rental Housing Revocation 1024-1026 45 Avenue
Fire Chief Charles Thompson provided background information on past inspections, notifications and
attempts to contact the property owner. The property owner was not present.
As there were no comments from the audience, Mayor Peterson closed the public hearing.
City Council Minutes
July 23, 2001
Page 8 of 18
MOTION by Szurek, second by Williams, to waive the reading of Resolution No. 2001-47, there
being ample copies available to the public. Upon Vote: All ayes. Motion carried.
MOTION by Szurek, second by Williams, to adopt Resolution No. 2001-47, 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 Raymond Buganski regarding property at 1024-1026
45th Avenue NE
Thompson stated letters would be sent to the residents, who would then have 90 days to vacate, if the
owner does not come into compliance.
Upon vote: Williams aye, Szurek aye, Wyckoff aye, Nawrocki - aye, Peterson - aye. All ayes.
Motion carried.
RESOLUTION 2001-47
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 RAYMOND BUGANSKI (HEREINAFTER "LICENSE HOLDER").
WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1024-1026
45TM AVENUE, 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 JUNE 5, 2001 OF A PUBLIC HEARING TO BE HELD
ON JULY 23, 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 October 20, 2000, John Larkin, inspector for the City of Columbia Heights, inspected the property and
noted six violations. Compliance orders listing the violations were mailed by regular mail to the owner at the address
listed on the Rental Housing License Application.
2. That on December 28, 2000, Matt Field and John Larkin, inspectors for the City of Columbia Heights,
inspected the property and noted that six violations remained uncorrected. Compliance orders listing the violations was
mailed by regular mail to the owner at the address listed on the Rental Housing License Application.
3. That on December 28, 2000, Dana Alexon, Housing Enforcement Official for the City of Columbia Heights,
granted a six month extension due to the nature of the violations and the season of the year. The extension expired on
June 5, 2001.
4. That on June 5, 2001, Matt Field, inspector for the City of Columbia Heights, inspected the property and noted
that six violations remained uncorrected. 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 July 5, 2001, Matt Field and Dan O'Brien, inspectors for the
City of Columbia Heights, inspected the property and noted that six violations remained uncorrected. 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.
City Council Minutes
July 23, 2001
Page 9 of 18
6. That on July 17, 2001, Matt Field and Dan O'Brien, inspectors for the City of Columbia Heights, inspected the
property and noted that six violations remained.
7. 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 VIOLATION OF THE RESIDENTIAL
MAINTENANCE CODE
FAILURE TO SUBMIT REINSPECTION FEES OF $100.00
8. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate
notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d).
CONCLUSIONS OF COUNCIL
1. That the building located at 1024-1026 45th 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 F4405 is
hereby revoked/suspended (cross out one);
2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the
license held by License Holder;
3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order
revoking the license as held by License Holder.
Passed this 23rd day of July, 2001
Motion by:
Second by:
Roll call vote:
Szurek
Williams
Upon vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - aye, Peterson - aye.
Motion carried.
Mayor Gary L. Peterson
Patricia Muscovitz, Deputy City Clerk
ITEMS FOR CONSIDERATION
A) Other Ordinances and Resolutions
1) First Reading of Ordinance No. 1432, being an Ordinance to Rescind the November 1997
Amendment to Ordinance 7.205 Pertaining to Nonmoving Violations
Chief Johnson stated this change is to correct where junk or abandoned vehicles are addressed in
the City Code and length of time before these vehicles can be removed.
City Council Minutes
July 23, 2001
Page ]0of18
MOTION by Williams, second by Szurek, to waive the reading of Ordinance No. 1432, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
MOTION by Williams, second by Szurek, to establish August 13, 2001, at approximately 7:00
p.m. as the Second Reading of Ordinance 1432, being an Ordinance to rescind the November 1997
Amendment to Ordinance 7.205 Pertaining to Nonmoving Violations.
Upon Vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - aye, Peterson aye. All
ayes. Motion carried.
ORDINANCE NO. 1432
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853~ CITY CODE OF 1977~
AND PERTAINING TO PROHIBITED NONMOVING VIOLATIONS.
The City of Columbia Heights does ordain:
No person with title or custody of a motor vehicle shall abandon such vehicle as defined herein, anywhere with the
City.
For purposes of this chapter, an "abandoned motor vehicle" shall consist of:
(a) A motor vehicle which has remained in any one place on public property for a continuous period of 48 hours and
lacks vital component parts that are essential to the mechanical functioning of the vehicle, or is otherwise in
inoperable condition, or
(b) A motor vehicle which has remained on private property for a continuous period of 48 hours without the consent
of the person in control of such property.
Provided, however, that a classic car or pioneer car as defined in Minnesota Statutes Chapter 168.10, shall not be
considered as an abandoned motor vehicle within the meaning of subdivision (a).
is hereby amended to read as follows:
No person with title or custody of a motor vehicle shall abandon such vehicle as defined herein, anywhere with the
city.
For purposes of this chapter, an "abandoned motor vehicle" shall consist of:
(c) A motor vehicle which has remained in any one place on public property for a continuous period of 48 hours and
lacks vital component parts that are essential to the mechanical functioning of the vehicle, or is otherwise in
inoperable condition, or
(d) A motor vehicle which has remained on private property for a continuous period of 48 hours without the consent
of the person in control of such property.
First Reading: July 23, 2001
Second Reading: August 13, 2001
Date of Passage:
2) First Reading of Ordinance No. 1433, being an Ordinance change pertaining to the Disposition of
Unclaimed Property.
City Council Minutes
July 23, 2001
Page 11 of 18
Chief Johnson indicated that the Police Department has accumulated unclaimed money and is
requesting an Ordinance to dispose of it properly. The Ordinance is written following State
Statute, which allows disposal of property after 60 days, through use by the City, sale at public
auction, or destroyed. If unclaimed property were claimed within six months, it would be returned
with the option to deduct administrative costs. Johnson referred to the proposed departmental
procedure for disposition of unclaimed property.
Nawrocki questioned redemption up to six months after the sale. Johnson stated the owner would
have the right to the net proceeds from the sale, less administrative costs. Hoefi stated that the
property could be retained until these costs are paid. Thompson stated that removal of motor
vehicles is covered under State Statute;junk or abandon vehicles -15 days, and owner authorized
vehicles ~ 45 days.
MOTION by Williams, second by Szurek, to waive the reading of Ordinance No. 1433, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
MOTION by Williams, second by Szurek, to establish August 13, 2001 at approximately 7:00
p.m. as the Second Reading of Ordinance 1433, being an Ordinance pertaining to the Disposition
of Unclaimed Property.
Upon vote: Williams - aye, Szurek - aye, Wyckoff aye, Nawrocki - aye, Peterson - aye. All
ayes. Motion carried.
ORDINANCE NO. 1433
BEING AN ORDINANCE OF THE COLUMBIA HEIGHTS CITY COUNCIL
PERTAINING TO THE DISPOSITION OF UNCLAIMED PROPERTY
The City of Columbia Heights does ordain:
The Chief of Police is authorized to administer the disposal of property lawfully coming into the possession
of the City and remaining unclaimed by the owner after sixty (60) days. The property may be used by the
City for its own purposes, or, sold to the highest bidder at a public auction, or, if determined by the Chief of
Police to have no value, destroyed.
A notice specifying the date, time, and place of any auction or sale shall be published in a newspaper of
general circulation throughout the City at least one week prior to such auction or sale.
The net proceeds of the auction or sale shall be placed in the City's General Fund, subject to the right of the
former owner to payment of the net proceeds upon application and presentation of satisfactory proof of
ownership within six (6) months of the sale. Net proceeds means the sale price less all costs of handling,
publishing, storage or sale of the item. The City may, at its discretion, bill the owner for any costs that
exceed the revenues derived from the disposal.
This ordinance shall be in full force and effect from and after thirty (30) days after its passage.
First Reading:
Second Reading:
Date of Passage:
July 23,200l
August 13, 2001
3)
First Reading of Ordinance No. 1434, being an Ordinance Amending Ordinance No. 853
Pertaining to Parking on Landscaped Surfaces.
Chief Johnson indicated this item was also placed in the wrong area of the City Code.
City Council Minutcs
July 23, 2001
Page 12of18
Nawrocki corrected the word "vent" in section 7 (1) to "event". Hoefi stated that the Code
established two types of areas: hard surfaced and landscaped dohnson stated that an
unauthorized vehicle is a vehicle that the property owner has not given permission to be parked on
their property. Nawrocki stated this is a harsh punishment if someone parks on their own property
on an area that is not hard surfaced. Hoefi stated the owner would have 15 days to move the
vehicle after the placement of an orange tag on it. Thompson stated that ifa car were parked on a
street for 48 hours it would be towed. Nawrocki felt this was not consistent with other penalties.
Peterson stated that this was not changing the Code, but changing where this wording is located in
the code.
MOTION by Williams, second by Szurek, to waive the reading of Ordinance No. 1434, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Harold Hoium, 4315 5th Street, asked if vehicles could be up on blocks and considered to be on a
hard surface. Hoefi stated that would not be sufficient. Peterson stated items like little boats may
be considered acceptable, but vehicles could leak fluids.
MOTION by Williams, second by Szurek, to establish August 13, 2001 at approximately 7:00
p.m. as the Second Reading of Ordinance 1434, being an Ordinance pertaining to Parking on
Landscaped Surfaces.
Upon vote: Williams - aye, Szurek aye, Wyckoff- aye, Nawrocki nay, Peterson - aye. 4 ayes,
1 nay. Motion carried.
ORDINANCE NO. 1434
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND
PERTAINING TO PARKING ON LANDSCAPED SURFACES
The City of Columbia Heights does ordain:
Section 7: Screening and landscaping
Every yard of any premises on which a dwelling or dwelling unit is located shall have installed
and maintained landscaping in accordance with the provisions of this section.
(i)
Sodding and ground cover. All exposed ground area surrounding the principal building and
accessory buildings that are not devoted to driveways, parking areas, sidewalks, or patios, shall
be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape materials.
No landscaped area shall be used for the parking of vehicles or storage or display of materials,
supplies, or merchandise.
The owner of an unauthorized motor vehicle shall be given notice of violation by the City and
will be given fifteen (15) days to take corrective action. Corrective action shall be defined as:
(1) An owner has taken corrective action when the vehicle is legally parked and in compliance
with all applicable City Ordinances and State requirements for an operable vehicle on
public roads. In the vent corrective action was not taken within fifteen (15) days from the
notice of the violation, the city may take the vehicle into custody, impound it, and the
vehicle is eligible for disposal or sale as an unauthorized vehicle under section 168B.08, 45
days after notice to the owner.
This Ordinance shall be in full force and effective 30 days after its passage.
City Council Minutcs
July 23, 2001
Page 13 of 18
First Reading:
Second Reading:
Date of Passage:
July 23, 2001
August 13, 2001
4) Second Reading of Ordinance No. 1430, being an Ordinance Authorizing the Conveyance of
Certain Real Estate located at 4401 Quincy Street NE in the City of Columbia Heights.
Fehst stated the conveyance of 4401 Quincy to Habitat for Humanity will allow for the building of a
twin home.
Wyckoff stated she contacted the former City Manager, Pat Hentges, who indicated the original letter,
referred to as an agreement was to get things going in the Sheffield district. Wyckoff felt the current 18
Habitat homes in Columbia Heights were enough and that this conveyance along with the Polk Street
sale would bring the Habitat homes in the community to 21. She contacted Habitat and they would not
give her the information on how many Habitat homes were in the surrounding communities, l~yckoff
indicated that a neighbor to the Polk Street home contacted the City several times to question
purchasing the property, and was told the City had other plans for it. l~yckoff expressed concern that
the City is selling the property to Habitat for $1 when it could be put up for bid to recoup City costs.
Wyckoff asked if the sale could be reversed, l'~yckoff felt the home on Quincy could be sold on the
public market and the City could recover the $17,500 of tax money spent. She felt the City does not
need more affordable housing.
Nawrocki also opposed selling the properties to Habitat. He questioned if the Planning and Zoning
Commission concurred with the Quincy sale. Nawrocki indicated that Columbia Heights residents
should be given preference for Habitat homes in their community. He stated these funds should be
used to help current homeowners improve their homes, and that there is no binding agreement with
Habitat requiring these sales.
Fehst stated records indicate the sale of seven lots to Habitat, with six of these homes in the Sheffield
district. Columbia Heights residents can apl~lyfor a Habitat home. He stated the Economic
Development Authority (EDA) reports 75 improvement loans to residents in the last several years.
Fehst stated that the Quincy home has many code violations and is on the Scatter Site TIF list.
I'Filliams felt there was a verbal agreement that should be honored, and this will bring new homes and
tax dollars into the community, while getting rid ora problem property.
Szurek agreed to the commitment of these lots to Habitat, but had requested they consider changing
the building design to fit the neighborhood. She stated she likes the unique design of the proposed
Quincy twin homes. Szurek felt Habitat homeowners make good neighbors.
l~yckoff stated she was not criticizing Habitat. She did not want to just give away the land, but
suggested Habitat bid on the property in an open bid process.
Peterson stated the City obligated to nine homes, and he believes in this program. He stated the only
problems that occur are occasionally during construction. He has attended several dedications
welcoming owners to the community, which are a very moving experience. Peterson stated that we are
reaching $1 million in rehab funds put into our community.
Nawrocki advocated doing more for people who live and pay taxes here. He questioned the number of
citations issued to the Quincy property. Peterson questioned if the Quincy home is rental property.
City Council Minutes
July 23, 2001
Page 14ofl8
Fehst stated a developer had looked at the Quincy property and was not interested in developing it.
· th
Harold Hotum, 4315 5 Street, stated there needs to be time and damage restrictions on the
construction of a Habitat home. He suggested burning the existing homes for firefighter training.
John Boreen, 4413 Quincy, questioned public access to records showing citations for code violations
and why the code was not enforced. When questioned as to what Mr. Boreen wouM like to see happen
on this property, he was not sure, but wanted the current code violations enforced. Szurek stated the
Building Inspector did create a list of problems at this house. Fehst stated this home was on the list to
consider for purchase when it became available. Boreen agreed to work with what ever the City
decided.
Ruth Matthews, 4429 Quincy, stated she has called the City four times on this property, because it is
so unkempt· She suggested a business could be placed there· Fehst stated that the built out value of
these homes would be very high.
Bill Powell, employee with Habitat for Humanity and resident at 3840 Reservoir Boulevard, stated
that Twin Cities Habitat for Humanity has built over 400 homes, most of which are in Minneapolis
and St. Paul. He stated that the Columbia Heights resident that applied in 1995 was selected for a
home on Taylor Street· Power stated Habitat will spend $35,000 plus $9, O00 for demolition on these
homes, with each new home valued at $150,000. Power stated the City would gain $300,000 in value
for an investment of about $17, 000. He indicated construction takes longer because volunteers do
most of the labor. Williams encouraged Habitat to keep the area clean and repaired during
construction.
Delores Strand, 1145 Polk Place, requested the properties be put up for bid on the open market, as
first and second ring homes are a high priority and very popular. She indicated that the last sale to
Habitat was not voluntary, and neighbors had requested the opportunity to bid on it. Strand indicated
the Sister Cities Committee wanted the Quincy home for a Polish museum· She felt an independent
inspector should look at the home. Fehst stated that our Building Official estimated $50,000 to
$80,000 to rehab the home. Strand felt Columbia Heights has done more than its share for Habitat.
John Hunter, 1009 42 ~ Street, was in favor of selling the homes to Habitat for Humanity, and
stressed the need for affordable housing· He stated that potential owners are even screened for a
criminal record· As for the similar designs, Hunter reminded Council that in the 60 's all homes were
"look-alikes ".
MOTION by Szurek, second by Williams, to waive the Reading of Ordinance No. 1430, there
being ample copies available to the Public. Upon Vote: All ayes. Motion carried.
MOTION by Szurek, second by Williams, to adopt Ordinance No. 1430, being an Ordinance
Authorizing the Conveyance of Certain Real Estate located at 4401 Quincy Street NE in the City of
Columbia Heights.
Nawrocki repeated that the Planning and Zoning Commission has not approved the sale of this
property. Fehst stated that they looked at the redevelopment of the property and that included the
purchase and sale. Nawrocki stated there was not a formal review or findings of fact in their minutes·
Upon vote: Williams - aye, Szurek aye, Wyckoff- nay, Nawrocki - nay, Peterson - aye. 3 ayes,
2 nays. Motion carried.
City Council Minutes
July 23, 2001
Page 15 of 18
ORDINANCE No. 1430
BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED
AT 4401 QUINCY STREET N.E. IN TItE CITY OF COLUMBIA HEIGHTS
The City of Columbia Heights does ordain:
Section 1: Authorization of Sale of Real Estate. The City of Columbia Heights shall sell and convey unto
Twin Cities Habitat For Humanity the real property described as follows, to wit:
Lots 16, 17, and the South one half of Lot 18, Block 11, Columbia Heights Annex to
Minneapolis, Anoka County, Minnesota.
PIN 35 30 24 11 0054
Section 2:
The Mayor and City Manager are herewith authorized to execute the quit claim deed to
effectuate the conveyance of said real estate for carrying out the terms of the SALE AND
DEVELOPMENT AGREEMENT and of this ordinance.
Section 3:
This sale must meet ail State and Federal Home Grant requirements prior to closing.
Section 4:
This Ordinance shall be in full force and effect from and after thirty (30) days after its passage.
First Reading:
Second Reading:
Date of Passage:
Offered By:
Seconded By:
Roll Call:
July 9, 2001
July 23, 2001
July 23, 2001
Szurek
Williams
Upon vote: Williams aye, Szurek - aye, Wyckoff- nay, Nawrocki - nay, Peterson aye. 3
ayes, 2 nays. Motion carried.
Mayor Gary L. Peterson
Patricia Muscovitz, Deputy City Clerk
B) Bid Considerations
C) Other Business
ADMINISTRATIVE REPORTS
A) Report of the City Manager
Wyckoff questioned if it would be possible for the interested resident to still purchase the property on
Polk Street. Hoefi referenced the Supreme Court case ruling in which a referendum could not stop the
sale. The sale must however, take 30 days. Wyckoff suggested Habitat talk to the neighbor about
selling it to him.
Fehst read a statement regarding the Police incident on July 17:
Congratulations and Thanksgiving As alarming as the most recent police incident in Columbia Heights
was, we should take time to thank the Almighty for blessing this City and the people in it. The violence
experienced in this brief, but awful period, surely solidifies the fact that the Police (as our former
Councilman says) are our last line of defense. The fact that no one died, and that our injured Police
Officers would seem to be on their way to a full recovery, and that everyone who had anything to do with
the effort to contain this event performed heroically is something we in Columbia Heights can be
City Council Minutes
July 23, 2001
Page 16ofl8
extremely proud of. I salute each and every Police Officer, Fire Fighter, and Public Works Employee, as
well as the private citizens who risked their lives in protecting and defending our community.
Chief Johnson stated that Officer Magee is out of the hospital, convalescing and doing better, and Sgt.
Deitz and the Minneapolis Officer are on guard for infections. He stated the Department is in a
recovery phase, and everyone is contributing.
Nawrocki stated everyone involved acted professionally, without excessive force, to bring the situation
under control. He stated Mr. Kordiak indicated we should have an opportunity for the community to
show its respect. Mr. Guzy and himself would be willing to work on a thank you opportunity for the
efforts made.
Wyckoff questioned how this suspect, with a past record, got a gun. Johnson indicated that after his
probation ended in 1977 and following no interaction with Police for ten years the purchase of
firearms was allowed; although private sales take place that Police are not aware of He reminded
everyone "that bad people don't go to gun stores ". Johnson stated he could not answer any further
questions, as the case is under investigation.
Szurek was pleased with how this incident was handled and grateful for the assistance of other
communities, rescue units, and to the neighbor that opened her door for Officer Magee. Szurek
referred to the psychological recover required after an experience like this.
Williams agrees that this was a wakeup call. Neighbors need to talk to other neighbors, and to
remember that Police are ordinary people trying to help us. We need to help one another and respect
one another.
Peterson stated his appreciation for everyone's work and effort, and how proud he is o four Police
Department and all of our services. Peterson indicated he had spoken to Officer Magee today and he
sounded strong and thanked everyone for his or her support.
Randy McCarthy, Ackley, MN submitted a complaint that he insisted be read into the minutes. After
reviewing the document, the City Attorney indicated the complaint could not be read into the record
because it referenced specific incidents relative to an ongoing investigation.
Report of the City Attorney - none
GENERAL COUNCIL COMMUNICATIONS
A) Minutes of Boards and Commissions
1) Meeting of the July 2, 2001, Public Library Board of Trustees
2) Meeting of the July 2, 2001, Traffic Commission
3) Meeting of the July 10, 2001, Planning and Zoning Commission
4) Meeting of the June 26, 2001, Economic Development Authority
CITIZENS FORUM
th
Allen Rue, ' th
Hylander Drtve-In at the corner of 40 Avenue and 6 Street, requested permission to hold a block
party on 6th Street on August 18, 2001. This would be a grand opening for his business and he would like
approval to park classic cars along the street.
City Council Minutes
July 23, 2001
Page 17 of 18
dohnson stated the application had been received and they planned to contact Mr. Rue to suggest he hold his
event in conjunction with the August 7th National Night Out. Rue stated his preference for a Saturday event
from noon to 4:00p. m. Peterson suggested getting the neighbor's permission. Rue stated no alcoholic
beverages would be served. Johnson indicated that the Police Department researches and approves the
event, with a list of such events being forwarded to the Council.
MOTION by Nawrocki, second by Wyckoff, to authorize use of 6th Street for a block party/parking classic
cars, subject to a petition from the neighbors along 6th Street showing the property owners involved
concurring with the event, and the approval of the Police Chief for standard block parties.
Szurek questioned why this request could not follow normal Police procedures.
Upon vote: Williams - aye, Szurek - aye, Wyckoff aye, Nawrocki - aye, Peterson - aye. All ayes. Motion
carried.
Wyckoff stated that she has been to the Hylander Drive-In and that the food was wonderful.
Delores Strand, Sister City Committee representative, thanked the Mayor and Council for the beautiful
gateway monument and flags, and stated that photos would be sent to our Sister City in Poland. She stated
that three Sister City Committee members would be leaving tomorrow for the global conference. Protocol for
flags was discussed. Hansen indicated that flags of countries should fly at the same height.
COUNCIL CORNER
Nawrocki referenced a letter received from the Heritage Foundation regarding the prior Dr. Good building
and possible historical significance. He asked that the City Manager and City Planner look into this and
report back to Council.
Nawrocki did not agree with the City Planner's interpretation of the sign ordinance pertaining to the Casting
Theatre as the outside side dimensions of the sign exceed 100 square feet. Fehst stated that the City Attorney
and City Planner reviewed this sign, and if Council is not comfortable with this they could consider rewriting
that portion of the Ordinance. g/illiams stated we should be known as a City friendly for businesses. Hoefi
stated the unique difference is this sign is part of the structure.
Nawrocki indicated he has offered to host the October Suburban Rate Authority meeting, and has made
arrangements to use Murzyn hall.
Nawrocki stated that the Telecommunication Commission would be forwarding a request from the School
District for funds. He also stated there is a lot of expertise on this commission in telecommunications and
cable that the Council should utilize.
Nawrocki stated that he asked for information on 3817 Central at an EDA meeting regarding being on a list
of properties for potential negotiation of purchase and development. Fehst stated this has been discussed for
several years and all formal action would have to be taken by the Council or EDA, whoever purchases the
specific property. Nawrocki requested a copy of the meeting minutes indicating this.
Jerry Szurek, 4230 Madison Street, Block Captain of his neighborhood, thanked the Police for their action
taken during the incident last Tuesday. He thanked Mr. Fehst for accepting his opinions regarding trauma to
the neighborhood, and will work with Captain Roddy to help the neighborhood and the community.
City Council Minutes
July 23, 2001
Page 18 of 18
Nawrocki stated he was concerned with the appointment of the Mayor's son to a City Commission as it may
affect people 's perception of appointments to boards and commissions. Williams supported the choice of
William Peterson for the Park and Recreation Commission because he is very qualified.
Williams wished Mr. Rue, owner of the Hylander Drive-In prosperity in his new business.
Peterson again stated the outstanding qualifications of his son to be on the Park and Recreation Commission.
Mayor Peterson - Remember: don't take ourselves too seriously, enjoy life, and do a random act of kindness!
ADJOURNMENT
Mayor Peterson adjourned the meeting at 11:43 p.m.
Patricia Muscovitz, Deputy City Clerk
OFFICIAL PROCEEDINGS
COLUMBIA H EIGHTS
CITY COUNCIL
EXECUTIVE SESSION
JULY 9, 2001
Present:
Mayor Gary Peterson, Councilmembers Marlaine Szurek, Julienne
Wyckoff, Brace Na~vrocki, and Robert Williams
Staff:
Walt Fehst, City Manager
Bradley Kletscher, Bama, Guzy and Steffen, Ltd.
Mayor Peterson called the meeting to order at 6:15 p.m.
Mr. Bradley Kletscher was present for Mr. Tom Malone, representative ofBama, Guzy
and Steffen, Ltd. to discuss legal issues regarding the Stauch case.
Mayor Peterson adjourned the meeting at 6:50 p.m.
CITY COL~NCIL LETTER
Meeting of: August 13, 2001
AGENDA SECTION: CONSENT LI~ ~ _~ ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: CITY MANAGER'S APPROVAL
ITEM: SCHOOL DISTRICT REQUEST FOR VIDEO BY: LINDA L. ~B~:
EQUIPMENT FUNDING DATE: DATE:
NO:
At the Telecommunications Commission meeting of July 19, 2001, the commission reviewed a
request for funding to support the Video Production class at Columbia Heights High School (see
attached). Linda Ernst, District Media Coordinator, and Jeremy Sellman, teacher, made a
presentation to the commission regarding the request for funding the purchase of hardware and
software for a Video Production Class (see attached excerpt from draft minutes of
Telecommunications Commission Meeting of July 19, 2001). Monies were budgeted in the City's
2001 Cable Budget for funding of equipment at the high school.
After much discussion, the commission voted to recommend the City Council approve funding of
the School District's request for equipment in an amount not to exceed $4,500. Furthermore,
that funding is provided with the understanding that programming produced will be aired on the
educational access channel, and that receipts of the purchases made be provided to the City.
RECOMMENDED MOTION: Move to approve funding of the School District's request for equipment in
an amount not to exceed $4,500, with monies coming from the cable budget. Furthermore, that
funding is provided with the understanding that programming produced will be aired on the
educational access channel, and that receipts of the purchases made be provided to the City.
COUNCIL ACTION:
~UBLIC SCHOOLS
KATHY L. KELLY
Director of Teaching and Learning
~4~.o 4-gth Avenue NE · Columbia Heights, MN S54-~1
763-S~8-~36 PHONE · 763-528-4437 ~x
kellykL~colheight$.klzmn.us
Memorandum
To:
From:
Date:
Re:
Dennis Stroik
Kathy Kelly, Director of Teaching and Learning
Linda Ernst, District Media Coordinator
May 24, 2001
Proposal for Columbia Heights Public Schools CableNideo Needs
Thank you for the opportunity to request funding through the Telecommunications Commission
to support the Video Production class at Columbia Heights High School.
A Video Production class was offered at Columbia Heights High School for the second semester
of the 2000-2001 school year. One section of the class was offered. The Video Production
class was very well received. For the 2001-2002 school year, the registrations are currently at
84 students registered in three sections. This will stretch the existing editing suite and the
suggested solution is creating "mini" editing suites using editing software called Cinestream.
Addition of this hardware and software will allow more students to work on editing their video
projects at one time.
Attached please find a proposal for the purchase of the hardware and software. The additional
hard drives, memory upgrades, and software in the proposal would be installed on existing
computers provided by Columbia Heights Public Schools. Purchase of this hardware and
software would allow for digital video editing on four additional workstations.
If you have any questions regarding this proposal, please contact Linda Ernst at 763 528-4663
or 763 528-4434.
$olumbia Heights Public Schools Proposal
Cinestream Software, Installation, Training
05/24/2001
Cost per item Cost
4Cinestream/PC with DV Capture Card $ '599.00 $ 2,396.00
4Additional memory (256 MB) $ 250.00 $ 1,000.00
4Hard drive (60 GB) $ 299.00 $ 1,196.00
Installation $ 750.00
Training on Cinestream $ 500.00
Total $ 5,842.00
TELECOMMU2qlCATIONS MEETING
MINUTES OF JULY 19, 2001
PAGE 2
NEW BUSINESS
Review of Request fi.om ISD #13 for Funding of Hardware and Software for Video
Production Class
Linda Ernst and Jeremy Sellman fi.om ISD #13 made a presentation regarding their request
for funding the pumhase of hardware and software for a Video Production Class. They
explained that last year was the first year they had offered this type of class at Columbia
Heights. They had a good response to the class with approximately 20 students taking part.
This year three sessions will be offered with 84 students currently registered. The
equipment purchase being requested would allow for four additional workstations to be
established for digital video editing, compared to the current one they presently have. The
hard drives, memory upgrades, and software in the proposal would be installed on existing
computers provided by the Columbia Heights Schools.
TELECOMMUNICATIONS COMMISSION
MINUTES OF JULY 19, 2001
PAGE 3
Jeremy reviewed the curriculum he covers in the production class and answered questions.
He explained that one digital editing suite was purchased with funds from the Technology
portion of the referendum monies, but there are no remaining funds for any additional
equipment. He stated that one workstation was not really adequate to handle a class of 20.
They had to work in groups and access the equipment before and after school to
accommodate everyone. Jeremy explained that Mr. Ogdie who taught the class last year,
went through a learning process with the students. They produced approximately 15-20
hours of programming, but that none of it went on the air over the educational access
channel. The Commission members all felt with the equipment the district has, they would
like to see the programs aired. The district has better equipment than the City or the
Columbia Heights Studio and we are producing programs for public access and
government access on a regular basis. Jeremy agreed, and is hoping to produce
programming that will be suitable for airing on the educational access channel. However,
he said the goal here is to educate students for future opportunities if they have an interest
in working in the production, technical, or broadcasting field, not necessarily to do produce
programming for the district.
There was a discussion concerning the equipment they wish to purchase such as
compatibility, prices, quality, installation and set up. Several of the commission members
felt the prices were high for the additional memory. They suggested that Linda contact
General Nano Systems and get a quote from them for the hard drive and memory
equipment. They agreed the link and set up should be done by experts, but that other bids
should be obtained. The general consensus was that all agreed putting money into
education is good and they support that effort, but they felt district personnel should be
getting more bids to ensure they get the most "bang for their buck."
Motion by Dennis Stroik, seconded by Reuben Ruen to recommend the City Council
approve funding of the School District's request for equipment in an amount not to exceed
$4,500. Furthermore, that funding is provided with the understanding that programming
produced will be aired on the educational access channel and that receipts of the
nurchasex made be orovided to the Cit~. All ayes.
CITY COUNCIL LETTER
Meetinl~ off August 13, 2001
AGENDA SECTION: Consent L{_ ,~k~ - 3 ORIGINATING DEPT.: CITY MANAGER
NO: Community Development APPROVAL
ITEM: Conditional Use eermit BY: Tim Johnsun BY: ~///~/~/~/(~,~., ~
NO: Case # 2001-0813, 4555 University Avenue NE DATE: August 7, 2001
Issue Statement: This is a request for a Conditional Use Permit to use the former Heights Medical Clinic as a religious
institution/place of worship at 4555 University Avenue NE.
Background: Section 9.1004 (3)(a) of the Columbia Heights Zoning Ordinance allows religious facilities/places of
worship as a Conditional Use Permit in the LB zoning district: ChristLife Church is a small congregation of approximately
90 attendees on Sunday morning, with a number of small groups meeting throughout the week. As you are probably aware
the building has been vacant for a period of 5-6 years, but has remained in fairly good shape. ChristLife Church is planning
on renovating the interior space to meet its needs and to establish a sanctuary area. They are not proposing any exterior
structural changes, just aesthetic improvements (i.e., painting). Note that ChristLife Church has already purchased the
building and hopes to start construction this summer if approved.
Analysis: The existing property and building meet the minimum yard, density, and specific development standards of the
Zoning Ordinance. Parking requirements for a religious facility are at least one space per every 3.5 seats. The parking lot site
plan has space for 31 vehicles, including 2 handicapped spaces, which exceeds the required 28 spaces. Note that the existing
lot is not striped, so staff will recommend as a condition of approval that the parking lot be striped and signed in a manner
that is consistent with the Zoning Ordinance. The Zoning Ordinance requires screening where any business is adjacent to
residential property. There is an existing wood privacy fence that runs the length of the east property line. This fence could
be continued along the south property line or landscaping of some sort could be continued to provide an appropriate buffer
from the residential property to the south.
Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on August 7, 2001. They
voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the conditions listed in the
recommended motion.
Recommended Motion: Move to approve the Conditional Use Permit to allow for ChristLife Evangelical Church to
operate at 4555 University Avenue NE, subject to the following conditions:
2.
3.
4.
All required state and local codes, permits, and inspections including, but not limited to building permits, fire code,
will be met and in full compliance.
The parking lot shall be striped and signed in a manner that is consistent ~vith the Zoning Ordinance.
All proposed signage must be submitted on the City prescribed application form and must fully comply with the
Zoning Ordinance.
Acceptable screening shall be continued along the south property line, as either fencing or greenery, not to exceed the
height of the current fence in place.
COUNCIL ACTION:
Attachments: Staff Report; Completed application form and attached materials; Site Plan; Survey; and, Public Notice
Case: 2001-0813
Page: 1
Case #:
Owner:
Address:
STAFF REPORT TO THE PLANNING AND ZONING COMMISSION
FOR THE AUGUST 7, 2001 PUBLIC HEARING
2001-0813
ChristLife Evangelical Church
4555 University Avenue NE
Columbia Heights, MN 55421
GENERAL INFORMATION
Applicant:
Phone: (763) 571-5433
Parcel Address: 4555 University Avenue NE
Zoning: LB, Limited Business
Comprehensive Plan:
Surrounding Zoning
and Land Uses:
Russ Couwenhoven
Transit Oriented Development
Zoning
North: LB
South: R-2
East: R-2
West: City of Fridley
Land Use
North: Residential
South: Residential
East: Residential
West: Fridley/Residential
BACKGROUND
Explanation o£Request:
This is a request for a Conditional Use Permit to use the former Heights Medical Clinic as a
place of worship at 4555 University Avenue NE. The applicant has purchased the building and
plans to convert the inside space into a congregational worship center if approved.
Case History:
Them is one previous Planning and Zoning Commission case on this site. A conditional use
permit was granted to allow for an animal hospital and clinic in 1999, but the business never
became operational. The existing building was constructed in 1965 and has a footprint of roughly
3,375 square feet
Case: 2001-0813
Page: 2
ANALYSIS
Surrounding Property:
The surrounding property on the south and east is zoned and used residentially. The property to
the north is zoned LB, Limited Business, but is used residentially. The property to the west
across University Avenue is in the City of Fridley and is also used residentially.
Technical Review:
Section 9.1004 (3) (a) of the Columbia Heights Zoning Ordinance allows religious
facilities/places of worship as a Conditional Use Permit in the LB zoning district:
Minimum yard and density requirements are as follows:
Minimum lot size shall be 6,000 square feet - the subject property is over 29,000 square
feet;
Minimum lot width shall be 50 feet - the subject parcel is 139 feet wide at 46th Avenue
NE and 212 feet long along the University Avenue frontage road;
Front Yard shall be 12 feet - existing building meets this requirement, note that the front
yard for the property is along 46th Avenue NE;
A comer street side yard shall not be less than 10 feet - the existing building meets this
requirement;
The other side yard shall be 15 feet - the existing building meets this requirement; and,
The rear yard shall be 20 feet - the existing building meets this requirement.
The zoning ordinance also identifies specific development standards that apply to religious
facilities/places of worship in SectionT; 9.701 (3) Page 7-17; these are:
· The facility shall be served by a minor collector or higher functional classification of
roadway - The site is adjacent to 46th Avenue and has functional access to Hwy. 47
(University Avenue) via the current service road.
· The parcel upon which the use is located shall have a lot area no less than four (4) times
the area of the building footprint - The current lot area is 8.5 times the size of the
building footprint.
· To the extent practical, new construction or additions to existing buildings shall be
complementary and compatible with the scale and character of the surroundings and
exterior materials shall be compatible with those used in the immediate neighborhood -
There are no plans to alter the appearance of the exterior of the building, but for painting
and decorating improvements.
· An appropriate transition area between the use and adjacent property shall be provided by
landscaping, screening or other site improvements consistent with the character of the
neighborhood - There is an existing wood privacy fence that hms the length of the east
property line. This will be maintained as a buffer fi.om the residential area. The south
property line has a small row of existing pine trees, which could be continued the length
Case: 2001-0813
Page: 3
of the south property line towards the service road, or the wood privacy fence could be
continued along the south property line.
· All accessory residential, school or day care uses shall be subject to the provisions of this
chapter - There are no school or day care uses planned for this space at this time.
Parking requirements for a religious facility/place of worship are one space per every 3.5 seats.
The proposed revamped parking lot has space for 31 vehicles, including 2 handicapped spaces.
The 31 spaces available exceeds the minimum of 28 spaces required. Note that the existing lot is
not striped, so staffwill recommend as a condition of approval that the parking lot be striped and
signed in a manner that is consistent with the Zoning Ordinance. The parking layout meets the
requirements of the ordinance with parking spaces of 9 X 20 with adequate access lanes of 24
feet. The parking ingress and egress will remain unchanged, with curb cut entrances from the
University Avenue service road, and an entrance off of 46th Avenue as well.
ChristLife Church is a small congregation of approximate 90 attendees on Sunday morning, with
a number of small groups meeting throughout the week. As you are probably aware, the mostly
brick building has remained vacant for a period of 5-6 years, yet the exterior remains in fairly
good shape. The church intends to revamp and redesign the interior of the building to meet its
needs and establish a sanctuary. They are not proposing any structural exterior changes, except
aesthetic improvements. They have also proposed to reuse the existing sign and reface it to meet
their needs. The existing sign meets the ordinance requirements.
The Zoning Ordinance requires screening where any business is adjacent to residential property.
The subject property has a wood privacy fence along the eastern property line and along a portion
of the southern lot line. Staffwill recommend as a condition of approval that the required
screening be continued along the southern property line. This can be accomplished by increasing
the density of landscaping in this area, or the wood fence could be continued along the south lot
line. There is no new lighting proposed for the site aside from entrance lighting. There should be
no lighting issues in relation to residential properties. However, should some additional lighting
be provided in the parking lot area for security purposes?
Compliance with City Comprehensive Plan:
The Land Use Plan Map designates this parcel for future transit oriented development. The Plan
promotes the rehabilitation of existing development land in the City. The proposal should not
negatively impact any nearby residential areas and will provide an appropriate reuse of an
existing building. The proposal is consistent with the intent of the City Comprehensive Plan.
The positive aspects of this proposal are as follows:
· The proposal is consistent with the intent of the City Comprehensive Plan.
· The church will provide a suitable reuse of an existing vacant building and should prove
to be a low intensity use for the area.
Case: 2001-0813
Page: 4
The negative aspects of this proposal are as follows:
· The church will not provide the City any commercial tax base.
CONCLUSION
Sta_lf Recommendation:
Staff'recommends approval of the Conditional Use Permit to allow ChristLife Evangelical
Church to operate at 4555 University Avenue NE, subject to the conditions listed in the
recommended motion.
Recommended Motion:
Move to recommend City Council approval of the Conditional Use Permit to allow for ChfistLife
Evangelical Church to operate at 4555 University Avenue NE, subject to the following
conditions:
1. All required state and local codes, permits, and inspections including, but not limited to
building permits, fire code, will be met and in full compliance.
2. The parking lot shall be signed and striped in a manner that is consistent with the Zoning
Ordinance.
3. All proposed signage must be submitted on the City prescribed application form and must
fully comply with the Zoning Ordinance.
4. Acceptable screening shall be continued along the south property line.
Attachments:
Completed application form and attached materials; Survey; Site Plan; and Public Notice
City of Columbia Heights Officials,
ChristLife Evangelical Chumh has been a "home of hope" for many since its inception in late 1990.
Today we are a vibrant ~:ongregation of children, teens, single adults, young families and seniors from
many walks of life. We average about 90 attendees in our Sunday morning services and hold small
group Bible and Prayer Groups throughout the week with an average of l0 participants in each. We
have seen families reunited, lives transformed and hope renewed in many people. We enjoy having
more than 25% of our congregation presently residing in Columbia Heights.
Because our focus has been on people more than buildings, we have met in rented facilities during our
first I 1 years. We enjoyed meeting in the Springhrook Theater Complex from our beginning until it
closed in late 2000. As our congregation stabilized and our desire to serve people more effectively
increased, we began looking for a permanent home. Having purchased the former Heights Medical
Building, we are excited about the possibility of serving the people of the North Metro Area alongside
the churches that presently exist in Columbia Heights.
ChristLife is a part of The Evangelical Church, a denomination with Methodist mots. Our Conference
and National Headquarters are both located in Brooklyn Park. As a small church we are blessed with a
wonderful staff, which includes a fulltime Senior Pastor and part time Associate Pastors in charge of
Global Ministries, Worship, and Communications respectively.
In order to serve the people of Colambia Heights and utilize the former Heights Medical Building most
effectively, we are applying for a Conditional Use Permit. We are requesting permission to use it as a
full-fledged place of worship. We believe th/s is a wonderfully compatible use of this property. Not,
only do we intend on being a good neighbor by keeping our property attractive and conducting our
activities with sensitivity to those who surround us, but we also believe that through our people
focused program we will be good for the neighborhood as well. The existing property, whose building
footprint is far less than 4 times the open land area, possesses ample interior space to house our
congregation, and adequate parking to meet the zoning demands of parking stalls per seats. Because
the property is well designed to meet our needs, we do not intend on making any exterior changes
accept in the area of beautification (painting, landscaping, resealing, striping). Our intention
concerning signage is to simply replace the faceplates on the existing backlit 4' X 8' sign, which
reaches a maximum height of 16 feet. If exterior lighting is required, the comers of the building could
be lit, which would enable us to both direct and control the light so as it would not be an added
· cumbrance to our neighbors. Seeing that the building will only be used from a large group standpoint
for a few hours each week (primarily Sunday mornings and Wednesday evenings), we do not envision
any problems with sound. Air conditioning, new insulation, a 5'privacy fence, and an abundance of
natural tree buffers should provide adequate protection in this area.
In closing, we feel extremely blessed to own property in Columbia Heights where we have had nothing
but positive experiences and received professional and courteous treatment from City Officials. We
look forward to serving the families of this area and to becoming a positive part of the City of
Columbia Heights. Thank you for your time and consideration.
Sincerely,
Pastor Russ for the People of ChristLife
CITY 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.columbia-heights.mn.us
Thomas Rams#ell, Chair
Donna Schmitt
Stephan Johnson
Tamara Ericson
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, August 7 2001. The order of business is as follows:
A request for a Conditional Use Permit to allow for a religious congregation to use the building at 4555
University Avenue NE as a place of worship.
Section 9.1004 of the LB, Limited Business District of the City's Zoning and Development Ordinance
requires a Conditional Use Permit for religious facilities/places of worship.
Notice is hereby given that all persons having an interest wig 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
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.)
THE CiTY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVrCES
EQUAL OPPORTUNITY EMPLOYER
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CITY COUNCIL LETTER
Meetingof: Augttst 13, 2001
ORIGINATiNG DEPT.: CITY MANAGER
AGENDA SECTION: Consent l_] ~/~ ~ LI Community Development APPROVAL
No:
ITEM: Reciprocal Easement Agreement BY: Tim Johnson BY:
NO: DATE: August 7, 2001
Issue Statement:
This is a request for approval of a Reciprocal Easement Agreement prepared by Bradley Operating Limited Partnership for
the Central Valu Shopping Center at 4300 Central Avenue NE.
Background:
Section 9.612(9)(e) of the Columbia Heights Zoning Ordinance requires that a shared use off-street parking facility
arrangement be reviewed by the City Attorney and the City Council. The agreement is necessary in order for this proposal to
work.
Analysis:
The proposed Reciprocal Easement Agreement allows for a common area dedicated to unrestricted vehicular and pedestrian
traffic. This agreement establishes permanent ingress and egress easements across respective parts of the parking area in
question, establishes maintenance and repair obligations for the owners of the integrated shopping center area, and also sets
forth staging areas for future construction. This agreement meets all the minimum requirements established in the Zoning
Ordinance.
Recommendation:
The Planning and Zoning Commission, on August 7, 2001, unanimously approved Site Plans for an auto-fueling center and
a multi-tenant specialty retail building that rely on this Reciprocal Easement Agreement to meet required parking provisions.
The Planning and Zoning Commission voted to recommend City Council approval of the Reciprocal Easement Agreement
as part of the their overall site plan approvals.
Recommended Motion:
Move to approve the Reciprocal Easement Agreement prepared by Bradley Operating Limited Partnership at 4300 Central
Avenue NE, subject to the following condition:
1. Final review and approval by City Attorney
COUNCIL ACTION:
lttachments: Planning Commission Staff Report; Reciprocal Easement Agreement; Site Plan Overlay
Case: 2001-0814
Page: 1
STAFF REPORT TO TIlE PLANNING AND ZONING COMMISSION
FOR THE AUGUST 7, 2001 PUBLIC HEARING
Case#: 2001-0814
Owner: Heritage Property
Address:
2100 Snelling Ave
Roseville, MN 55113
(651) 631-3955
Parcel Address: 4300 Central Avenue NE
Zoning: GB - General Business
Comprehensive Plan: C - Commercial
Surrounding Zoning Zoning
and Land Uses: North: LB
South: LB
East: GB
West: GB; R-2
GENERAL INFORMATION
Applicants:
Heritage Property;
Rainbow Foods
8000 Excelsior Blvd
Hopkins, MN
(952) 945-2976
Land Use
North: Commercial
South: Commercial
East: Commercial
West: Commercial and Residential
BACKGROUND
Explanation of Request:
The applicants are requesting concurrent but separate site plan approvals from the Planning and
Zoning Commission to construct a four-pump fuel center and a 9,000 square foot multi-tenant
retail building in the east parking area of the Central Valu Shopping Center at 4300 Central
Avenue NE.
Case History:
The only recent Planning applications on this site were for Linder's seasonal greenhouse.
ANALYSIS
Case: 2001-0814
Page: 2
Surrounding Proper. ry:
The surrounding property to the north and south is zoned LB, Limited Business and is used
commercially. The property to the west is zoned GB, and is used commercially. The area to the
east is zoned GB, General Business District, and is used commercially.
Technical Review:
Fuel Center:
Rainbow Foods has submitted a narrative (see attached) describing the proposed four-pump Fuel
Service Center to be located on the southeast comer of the Central Valu Center parking area.
This proposal will include installation and construction ora 30,000 gallon underground fuel
storage tank, concrete drive pads, fuel pump islands and dispensers, small attendant kiosk, and
patron canopy. The fuel center is expected to mainly service existing Rainbow mall customers, as
well as capture new customers with the additional retail space proposed.
The proposed auto convenience center is identified as a permitted use in the GB General
Business District. However, automobile convenience centers must meet the specific development
standards outlined in Section 7. The applicants have submitted a narrative that describes how
they meet the criteria. These criteria are:
c)
e)
The use shall be served by a major collector or higher functional classification of
roadway - The fuel center is located adjacent to Central Avenue (TH 65) which is of
sufficient classification.
All buildings, canopies, and pump islands shall meet the setback requirements for a
principal structure in the zoning district in which the use is located - The kiosk,
canolgiea, dispensers and pump islands all meet and exceed the minimum
requirements of the GB District.
The storage of inoperable vehicles on the site is prohibited - The applicants will not
permit the storage of inoperable vehicles at any time.
The sale or repair of vehicles shall be prohibited - I/ehicles sales and repair will not
be allowed at the Rainbow Foods fuel center.
A landscape buffer with a minimum depth of ten (10) feet shall be installed and
maintained along all abutting public rights-of-way -A landscape buffer is currently in
place along portions of the abutting right-of-way, and should be a sufficient buffer
from surrounding properties. Additional landscaping will be added on the site to
exceed the required amount; including landscaping adjacent to both the fuel center
and retail center as well as a pedestrian walkway that will be installed to break up
the current expanse of blacktop.
Canopy light fixtures shall be completely recessed within the canopy so that the
lenses do not extend below the bottom surface of the canopy - The canopy light
fixtures will be comt~letely recessed within the canopy. The lighting design prol~osed
meets the requirements of the ordinance with a maximum of three (3)footcandles of
light at the property line for commercial properties, and ~ footcandles of light at any
abutting residential property line.
Case: 2001-0814
Page: 3
g) Wherever fuel pumps are installed, pump islands shall be installed - Pump islands
are a standard feature of the fuel center.
h) A transportation management plan shall be submitted to address off-street parking,
bus loading and unloading, traffic control, and the impact of the facility on the
surrounding roadways - The applicants have submitted a comprehensive
transportation management plan for the center detailing the projected # of new trips
to be generated. The fuel center is not expected to generate a significant increase in
traffic for the existing site or surrounding roadways (see narrative submitted from
RLK Kuusisto). Both the City Engineer and MnDOT's engineer have reviewed the site
plans submitted and have determined no significant traffic impacts for the proposed
project site. RLK has submitted a detailed traffic analysis on trip generation data.
According to their studies, a fuel center will generate approximately twelve new trips
to the roadway per hour. This number does not reflect trips where the customer is
already patronizing other establishments on site. There are no new access points
being proposed and the parta'ng configuration and access aisles are of sufficient
design to fully handle the proposed project. However, ingress and egress points will
be analyzed by Engineering to determine if any upgrades or changes should be made.
0 An environmental management plan, including a storm water management and
drainage plan, shall be submitted to address the impact of the facility on the
environment - The site is existing and is currently hard-surfaced. The project is not
expected to generate additional storm water runoff as the site will actually have less
hardcover with the addition of proposed landscaping throughout the site. The
proposed fuel system will be subject to State of Minnesota requirements governing
fuel centers. The underground fuel tankx will be fully contained and will provide
monitoring equipment in case of emergency spills. The City Engineer and Fire
Department have also asked the developer to provide additional floatable
containment devices to capture and separate petroleum products from the storm
water drainage for Jackxon Pond.
j) The use shall employ best management practices regarding the venting of odors, gas
and fumes. Such vents shall be located a minimum of ten (t 0) feet above grade and
shall be directed away fi:om residential uses. All storage tanks shall be equipped with
vapor-tight fittings to eliminate the escape of gas vapors - The fuel center has
proposed state of the art fuel equipment to meet City and State design standards.
k) There shall be no exterior display of merchandise for sale exceeding 50 square feet in
area - The fuel center does not have any plans for exterior display of merchandise.
/) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys
within 100 feet of the use shall be inspected regularly for the purposes of removing
any litter found thereon - The developer intends to keep the site clean.
m) A minimum of two (2) access points for vehicular traffic shall be provided. Curb cuts
shall be located no less than 80 feet from the intersecting right-of-way line on arterial
roadways - The site has four (4) curb cuts to the site, with two on 43rd Avenue and
two on 44th Avenue. The curb cuts are approximately 150feet at their closest point
from the Central Avenue right-of-way, thus meeting requirements.
Case: 2001-0814
Page: 4
Section 9.1005 of the Columbia Heights Zoning Ordinance lists automobile convenience
facilities as a permitted use in the GB, General Business District. Minimum yard and density
requirements are as follows.
Minimum lot width shall be 50 feet - the existing property far exceeds this requirement.
Minimum lot area shall be 6,000 square feet - the subject property meets this
requirement.
Front Yard shall be I5 feet - the proposed kiosk, canopy, and pump islands meet this
requirement.
The floor area ratio shall not exceed 1.0 - the auto fueling center is only providing an 8 X
8 kiosk. Nofloor area ratio is necessary.
The rear yard shall be 10 feet - the proposed project far exceeds the rear setback needed.
There is no side yard setback requirement.
The comer side yard shall be twelve (I2) feet - The fueling center is approximately 60
feet from the corner side property line.
The proposed fueling center will provide a covered canopy measuring 24 feet by 112 feet. The
canopy will fully cover all four pump islands and kiosk area. The top of the canopy will be
approximately 18 feet high from parking area grade. The fuel center will be equipped with two
video cameras to monitor activities on site. Signage and gas price information will be attached to
the canopy, and will be minimal in size. The fueling center and canopy will be designed in
appearance to attract customers and will provide an 8 X 8 kiosk designed to maintain consistency
with the entire site. The kiosk will be staffed during peak hours.
Automobile Convenience Facilities require six (6) parking spaces plus one space per 300 square
feet of gross floor area. The comprehensive parking plan provided far exceeds the seven (7)
spaces required for this use. Typically, fuel centers do not generate much parking because of their
pay at the pump features and the lack of retail convenience sales. You should also be aware of a
reciprocal cross-easement parking agreement that is necessary in order for the proposal to work.
This agreement allows for permanent ingress and egress across respective parts of the property,
and establishes maintenance and repair obligations for the owners of the integrated shopping
center area (see enclosed agreement). The City Council will need to review this agreement and
act on this at their next meeting in August.
A landscaping plan by a registered landscape architect has been submitted to provide year round
visual interest. The comprehensive landscaping plan for the entire site utilizes existing trees and
plant species as well as additional trees and shrubbery to meet ordinance requirements. One tree
is required per every 50 feet of street frontage, plus four trees per every acre. The plan meets this
requirement with landscaping proposed surrounding the auto fueling site, and the retail site, as
well as a pedestrian green walkway that will be installed to break up the expanse of the existing
hardcover parking area. Also, the signage proposed for the auto fuel center canopy is well within
the requirements of the ordinance.
Case: 2001-0814
Page: 5
Technical Review::
Retail Building:
Heritage Investment has proposed the 9,000 square foot retail building, which will be built to
house from one (1) to six (6) retail establishments ranging in size from 1,200 square feet to 9,000
square feet and up. The maximum height of the building will be twenty (20) feet to the top of the
parapet wall. Each space will contain a glass storefront and entrance door, and will be
complemented by a parapet wall element design to conceal any and all rooftop mechanical units
from view. Element design canopies will be installed above window and door areas to add
consistency and to provide visual interest in accordance with the new design criteria in the
ordinance. Section 9.1005 of the Zoning Ordinance allows for retail, office, shopping centers,
food services, etc. as permitted uses in the GB General Business District.
Minimum yard and density requirements for the GB are as follows:
Minimum lot width shall be 50 feet - the existing property far exceeds this requirement.
Minimum lot area shall be 6,000 square feet - the subject property meets this
requirement.
Front Yard shall be 15 feet - the building meets this requirement.
The floor area ratio shall not exceed 1.0 - the retail building has a proposed floor area
ratio of. 02, which is well within the requirements.
The rear yard shall be 10 feet - the proposed project far exceeds the rear setback needed.
There is no side yard setback requirement.
The coruer side yard shall be twelve (12) feet - The retail center is approximately 60feet
from the corner side property line facing 44th Avenue.
The retail building to be constructed will consist of face brick veneer, prefinished aluminum
storefront glazing, and prefinished metal canopies to complement the site. The architect's
renderings of the proposed retail building include a variety of architectural features and building
materials designed to provide appropriate visual interest. The design features proposed are in
harmony with the design criteria established in Section 6; 9.614 (3) Building Design Standards.
The ordinance requires at least 30% of the first floor facade facing a public street, sidewalk, or
parking lot shall be windows or doors of clear or lightly tinted glass. However, because the retail
front facade faces the west (Rainbow Foods Shopping Center), the east (rear) elevation will only
be partially visible from Central Avenue. The actual parking area elevation is 12-13 feet below
Central Avenue grade, which will allow for passing vehicles to mainly see the top of the parapet
wall, signage, and the canopy. The rear of the building facing Central has been redesigned to be
consistent with the front fagade, with matching canopy and brick veneer. Windows have been
added on the endcaps and north and south elevations to provide visual interest and to meet the
intent of the ordinance. The front faCade area facing west exceeds the 30% minimum requirement
for windows and doors.
As part of the overall redesign of the parking area, the existing sloped retaining wall on the east
side of the parking area will be repaired and painted to maintain consistency and structural
integrity. No paint scheme has been proposed for the wall as yet. The building design is such that
Case: 2001-0814
Page: 6
deliveries will be mhde at the rear service doors of each respective establishment, where delivery
vehicles will park parallel to the rear of the building for short periods of time to unload (see
proposed site plan for loading location). An enclosed trash room will also be provided, so there
will be no exterior storage of trash.
Retail buildings require at least one parking space for each 300 square feet of gross floor area.
The building will house 9,000 square feet of retail space, which requires a minimum of 30
parking spaces. There are more than 30 spaces adjacent to the building, and the entire site will
utilize a cross easement parking agreement. This will allow for vehicles to park in any spaces on
site, aside from no-parking areas and handicap areas. The site plan indicates that there are a total
of 528 off-street parking spaces proposed for the entire site, far exceeding the 459 spaces
required by ordinance, including handicapped spaces. Note that the plan indicates that the drive
aisles will be 24 feet in width, and the parking spaces will be the required 9 feet wide by 20 feet
in length. Section 9.612 of the Zoning Ordinance requires that parking and loading areas cannot
be located within the front yard setback area of the property, which is 15 feet in the GB District.
The parking spaces as proposed are approximately 16 feet from the front property line, and the
loading area is approximately 48 feet, meeting this requirement.
A landscaping plan by a registered landscape architect has been submitted to provide year round
visual interest. The comprehensive landscaping plan for the entire site utilizes existing trees and
plant species as well as additional trees and shrubbery to meet ordinance requirements. One tree
is required per every 50 feet of street frontage, plus four trees per every acre. The plan meets this
requirement with landscaping proposed surrounding the auto fueling site, and the retail site, as
well as a pedestrian connection walkway that will be flanked by landscaping to break up the
expanse of the existing hardcover parking area. Because there is an excess of parking spaces, the
developer could put in additional landscape islands to futher break up the parking area and to
enhance the look of the site.
The signage proposed will be consistent with current signage at Central Valu Center. Wall
signage will feature flush mounted individual internally illuminated letters. The applicants have
proposed signage on both sides of the building for maximum retail exposure and recognition.
You should also be aware of a reciprocal cross-easement parking agreement that is necessary in
order for the proposal to work. This agreement allows for permanent ingress and egress across
respective parts of the property, and establishes maintenance and repair obligations for the
owners of the integrated shopping center area (see enclosed agreement). The City Council will
need to review this agreement and act on this at their next meeting in August.
The lighting design proposed as mentioned earlier in this staffreport meets the requirements of
the ordinance with a maximum of three (3) footcandles of light at the property line for
commercial properties, and ½ footcandles of light at any abutting residential property line.
Compliance with City Comprehensive Plan:
The City Comprehensive Plan designates this area for future commercial use. One of the goals
Case: 2001-0814
Page: 7
of the Land Use and Redevelopment component of the Plan states "Improve the commercial
viability of the Central Avenue Corridor while protecting nearby residential neighborhoods."
This area has also been designated for selective commercial development and in-fill
development. Both the auto fueling center and retail building proposed are consistent with the
newly adopted City Comprehensive Plan.
Summary:
The positive aspects of these proposals are as follows:
· The site plans are consistent with the City Comprehensive Plan and minimum
requirements of the Zoning Ordinance are met.
· The City will benefit from additional commercial tax base.
· The City will benefit from new design commercial buildings, which will further
enhance the redevelopment and appearance of Central Avenue.
The negative aspects of these proposals are as follows:
· None, assuming all the conditions are met.
CONCLUSION
Staff Recommendation:
Staff recommends approval of the site plan for the Rainbow Foods Fuel Service Center at 4300
Central Avenue NE, as the proposal is consistent with the Zoning Ordinance and the City
Comprehensive Plan, subject to the conditions listed in the recommended motion.
Staff Recommendation:
Staff recommends approval of the site plan for the 9,000 square foot multi-tenant retail building
at 4300 Central Avenue NE, as the proposal is consistent with the Zoning Ordinance and the City
Comprehensive Plan, subject to the conditions listed in the recommended motion.
Recommended Motions:
Move to approve the site plan for the Rainbow Foods Fuel Service Center at 4300 Central
Avenue NE, as the proposal is consistent with the Zoning Ordinance and the City Comprehensive
Plan, subject to the following conditions.
· All required state and local codes, permits, licenses and inspections will be met and in
full compliance.
· At the request of the City Engineer and the Fire Department, a separation unit shall be
provided to separate petroleum products from the storm water drainage for Jackson Pond
in case of a spill.
· The reciprocal cross easement parking agreement for the site shall be reviewed and
approved by the City Council.
· City Engineer review of parking analysis and access points for the site.
· All proposed signage must be submitted on the City prescribed application form.
· Lighting shall not exceed the maximum allowed by ordinance and shall not be obtrusive
to adjacent properties.
· Landscape buffer shall be maintained and/or enhanced to provide an appropriate
Case: 2001-0814
Page: 8
separation from adjacent properties.
Move to approve the site plan to allow for the 9,000 square foot multi-tenant retail building
at 4300 Central Avenue NE, as the proposal is consistent with the Zoning Ordinance and the
City Comprehensive Plan, subject to the following conditions:
· All required state and local codes, permits, licenses and inspections will be met and in
full compliance.
· Concrete retaining ~vall on east property line shall be repaired and painted to maintain
structural integrity and consistent visual appearance.
· The reciprocal cross easement parking agreement for the site shall be reviewed and
approved by the City Council.
· City Engineer review of parking analysis and access points for the site.
· All proposed signage must be submitted on the City prescribed application form.
· Lighting shall not exceed the maximum allowed by ordinance and shall not be
obtrusive to adjacent properties.
· Landscape buffer shall be maintained and/or enhanced to provide an appropriate
separation from adjacent properties.
· Railing above retaining wall on east side of site shall be repainted to be consistent
with site development and Central Avenue streetscaping.
· Existing dumpster area behind Rainbow Foods shall provide enclosure.
Attachments: Completed application form; Site Plans; Floor Plans; Elevation Views; Applicant subm/ssion items;
Narratives, Trip generation data, Landscaping plan; Reciprocal Easement Agreement; Fuel Center Safety Features;
MnDOT Review Letter; Fire Dept memo; City Engineer memo
idmsmpl:457041 2 (6-22-01)3:01
RECIPROCAL EASEMENT AGREEMENT
(Columbia Heights, Minnesota)
by
BRADLEY OPERATING LIMITED PARTNERSHIP
("Declarant")
Dated: ,2001
TABLE OF CONTENTS
Page
1. Definitions ........................................................................................................................................................... 1
1.1. Common Area ..........................................................................................................................................
1.2. Occupant ..................................................................................................................................................... 1
1.3. Owner .......................................................................................................................................................... 1
1.4. Permittee ..................................................................................................................................................... 2
1.5. Person .......................................................................................................................................................... 2
1.6. Site Plan ......................................................................................................................................................... 2
2. Term ...................................................................................................................................................................... 2
3. Easements ........................................................................................................................................................... 2
3.1. Ingress and Egress Easements ........................................................................................................... 2
3.2. Utility. Easements ..................................................................................................................................... 4
3.3. No Other Easements .............................................................................................................................. 4
4. Building Improvements ................................................................................................................................. 4
4.1. Maintenance and Repair ...................................................................................................................... 4
5. Default ..................................................................................................................................................................
5.1. Force Majeure ..........................................................................................................................................
5.2. Notice: Cure .............................................................................................................................................
5.3. Agreement Shall Continue Notwithstanding Breach ................................................................
6. Notices .................................................................................................................................................................. 6
7. Miscellaneous ..................................................................................................................................................... 6
7.1. Not a Public Dedication ........................................................................................................................ 6
7.2. Integration: Enforceability ................................................................................................................ 6
7.3. Amendments ............................................................................................................................................. 7
7.4. Binding Effect ........................................................................................................................................... 7
7.5. Captions ...................................................................................................................................................... 7
7.6. Interpretation of including .................................................................................................................. 7
RECIPROCAL EASEMENT AGREEMENT
(Maplewood, Minnesota)
This Reciprocal Easement Agreement ("REA") is entered into by BRADLEY OPERATING
LIMITED PARTNERSHIP, a Delaware limited parmership ("Declarant"), as of
,200_ (the "Execution Date").
RECITALS:
Declarant is the owner of all that certain real property located in Columbia Heights,
Minnesota and legally described on Exhibit A attached hereto and incorporated herein
(the "Center Property"), which Center Property is commonly known as "Central Valu
Shopping Center" (the "Center"); and
The City of Columbia Heights has approved an application by Declarant allowing
construction of certain buildings on the Center Property; and
In order to accommodate the potential for separate ownership of various lots comprising
the Center Property ("Lots"), Declarant desires to establish the respective fights and
obligations of the owners of such Lots to the other.
AGREEMENT:
Declarant hereby declares as follows
1. Definitions
Llo
1.2.
1.3.
Common Area. "Common Area" shall mean all areas within the exterior
boundaries of the Center, exclusive of buildings and any area immediately
adjacent to a building which is used exclusively by an Occupant of such building
for sales and/or storage purpose and which is enclosed by a fence or other security
barrier.
Occupant. "Occupant" shall mean any Person from time to time entitled to the
use and occupancy of any portion of a building in the Center under an ownership
right or any lease, sublease, license, concession, or other similar agreement.
Owner. "Owner" shall mean from time to time the holder of fee simple title to
any Lot. Each Owner shall be liable for the performance of all covenants,
obligations and undertakings set forth in this Agreement with respect to the
portion of the Center owned by it which accrue during the period of such
1.4.
1.5.
ownership; an Owner shall not be liable for the performance of covenants,
obligations or undertakings set forth in this Agreement which accrue after the
period of such ownership. An Owner transferring all or any portion of any Lot in
the Center shall give notice to all other Owners of such transfer and shall include
in such notice at least the following information: (a) the name and address of the
transferee; and (b) a copy of the legal description of the portion of the Center
transferred.
Permittee. "Permittee" shall mean all Occupants and the officers, directors,
employees, agents, contractors, customers, vendors, suppliers, visitors, invitees,
licensees, subtenants, and concessionaires of Occupants insofar as their activities
relate to the intended use of the Center.
Person. "Person" shall mean any individual, partnership, firm, association,
corporation, trust, or any other form of business or government entity.
1.6. Site Plan. "Site Plan" shall mean the Site Plan attached hereto as Exhibit B.
Term
The easements, restrictions and covenants shall take effect on the date hereof and shall
continue in full force and effect perpetually. The expiration of this Agreement shall not
limit or affect any remedy at law or in equity that an Owner may have against any other
Owner with respect to any liability or obligation arising or to be performed under this
Agreement prior to the date of such expiration.
Easements
3.1.
Ingress and Egress Easements. Each Owner hereby grants and conveys to each
other Owner for its use and for the use of its Permittees, in common with others
entitled to use the same, non-exclusive perpetual easements for (a) the passage of
vehicles over and across the parking and driveway areas of the respective Lots as
the same may from time to time be constructed and maintained for such use,
Co) the parking of vehicles over and across the parking areas of the respective Lots
as the same may from time to time be constructed and maintained for such use,
(c) for the passage and accommodation of pedestrians over and across the parking,
driveways and sidewalk areas of the respective Lots as the same may from time to
time be constructed and maintained for such use. Such easement rights shall be
subject to the following reservations as well as other provisions contained in this
Agreement:
3.1.1. No Fences. Except for situations specifically provided for in this
Section 3, no fence or other barrier which would unreasonably prevent or
obstruct the passage of pedestrian or vehicular travel for the purposes
permitted in this Agreement shall be erected or permitted within or across
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3.1.2.
3.1.3.
3.1.4.
the aforesaid easement areas; provided, however, that the foregoing
provision shall not prohibit the installation of convenience facilities (such
as mailboxes, public telephones, benches or public transportation shelters),
of landscaping, berms or planters, railing along the retention pond, nor of
limited curbing and other forms of traffic controls.
Staging Area. In connection with any construction, reconstruction, repair
or maintenance on any Lot, each Owner reserves the right to create a
staging and/or storage area in the Common Area on its Lot at such location
as will not unreasonably interfere with access between such Lot and other
areas of the Center or the public street abutting the Center.
Modifications. No Owner shall make changes to the improved Common
Area on its Lot from that shown on the Site Plan without the approval of
all other Owners, which approval will not be unreasonably withheld or
delayed, unless all of the following conditions are met:
3.1.3.1.The accessibility of such Common Area for pedestrian and
vehicular traffic (as it relates to the remainder of the
Center), is not unreasonably restricted or hindered.
3.1.3.2.No governmental role, ordinance or regulation shall be
violated as a result of such action, and such action shall not
result in any other Owner being in violation of any
governmental role, ordinance or regulation.
3.1.3.3.No change shall be made in the access points between the
Common Area and the public streets.
3.1.3.4.At least thirty (30) days prior to making any such change,
modification or alteration, the Owner desiring to do such
work shall deliver to each other Owner copies of the plans
therefor.
3.1.3.5.The number of parking spaces on the Center shall not be
less than the minimum.
Closure. Each Owner further reserves the right to close off its portion of
the Common Area for such reasonable period of time as may be legally
necessary, in the opinion of such Owner's counsel, to prevent the
acquisition of prescriptive rights by anyone; provided however, that prior
to closing off any portion of the Common Area, such Owner shall give
written notice to each other Owner of its intention to do so, and shall
attempt to coordinate such closing with each other Owner so that no
unreasonable interference in the passage of pedestrians or vehicles shall
-3-
occur; provided, however, that in no event shall any Owner close the
Common Areas during the periods of July 1 through September 15 or
November 1, through January 15 for reasons other than Force Majeure,
without the prior written consent of all Owners.
3.1.5. Exclusion of Non-Permittees. Each Owner reserves the right at any time
and from time to time to exclude and restrain any Person who is not a
Permittee from using its Common Area.
3.2.
Utility Easements. Each Owner hereby grants and conveys to each other Owner
a non-exclusive perpetual easement in, to, over, under, along and across those
portions of the Common Area located on the Lots for the installation, operation,
flow, passage, use, maintenance, connection, repair, relocation, and removal of
lines or systems for utilities serving the grantee's Lot, including sanitary sewers,
storm drains, water (fire and domestic), gas, electrical, telephone and
communication lines. Except with respect to ground mounted electrical
transformers at the rear of a building or as may be necessary during periods of
construction, repair, or temporary service, ail utilities shall be underground unless
required to be above ground by the utility providing such service. Any Owner
installing, maintaining, connecting, repairing, relocating or removing utilities
pursuant to the provisions of this subsection 3.2 shall pay all costs and expenses
with respect thereto and shall cause all work in connection therewith (including
general clean-up and proper surface and/or subsurface restoration) to be
completed as quickly as possible and in a manner so as to minimize interference
with the use of the Common Area. The location and width of any utility easement
shall be subject to the prior written approval of the Owner whose Common Area
is to be burdened thereby, such approval not to be unreasonably withheld. The
easement area shall be no larger than whatever is necessary to reasonably satisfy
the utility company, as to a public utility, or five feet (5') on each side of the
centerline, as to a private line. Each Owner shall provide notification to the other
Owner(s) of anticipated construction schedules.
3.3,
No Other Easements. No Owner shall grant any easement for any purpose set
forth in this Section 3 for the benefit of any property not within the Center;
provided however, that the foregoing shall not prohibit the granting or dedicating
of utility easements by an Owner on any Lot to governmental or quasi-
governmental authorities or to public utilities.
Building Improvements
4.1 ·
Maintenance and Repair. Each Owner covenants and agrees to maintain and
keep the building improvements located on its Lot in first-class condition and
state of repair, in compliance with all governmental laws, rules, regulations,
orders, and ordinances exercising jurisdiction thereover, and in compliance with
the provisions of this Agreement. Each Owner further agrees to store all trash and
-4-
garbage in adequate containers, to locate such containers so that they are not
readily visible from the parking area, and to arrange for regular removal of such
trash or garbage. In the event any of the building improvements are damaged by
fire or other casualty (whether insured or not), the Owner upon whose Lot such
building improvements are located immediately shall remove the debris resulting
from such event and provide a sightly barrier and within a reasonable time
thereafter shall either (a) i'epalr or restore the building improvements so damaged,
such repair or restoration to be performed in accordance with all provisions of this
Agreement, or (b) erect other building improvements in such location, provided
all provisions of this Agreement are complied with, or (c) demolish the damaged
portion of such building improvements and restore the area to an attractive
condition in which event the area shall be Common Area until a replacement
building is erected.
Default
Force Maieure. The time within which any Owner to this Agreement is required
to perform any act shall be extended to the extent that performance of such act is
delayed by Force Majeure, but only if such delay was beyond that Owner's
reasonable control and was not caused by its fault or negligence. "Force Majeure"
shall mean acts of god, fire, abnormal weather, explosion, riot, war, labor
disputes, governmental restrictions, inability to obtain necessary materials, or any
other cause beyond such Owner's reasonable control. The inability to obtain
financing or lack of money shall not constitute Force Majeure.
5°2.
Notice: Cure. If any Owner falls to comply with any provision of this
Agreement (the "Defaulting Owner"), then any other Owner (the "Non-Defaulting
Owner") may upon thirty (30) days' prior written notice to the Defaulting Owner,
proceed to cure the default. The foregoing right to cure shall not be exercised if
within the thirty (30) day notice period (a) the Defaulting Owner cures the default,
or (b) if the default is curable, but cannot reasonably be cured within that time
period, the Defaulting Owner begins to cure such default within such time period
and diligently pursues such cure to completion. The thirty (30) day notice period
shall not be required if, using reasonable judgment, the Non-Defaulting Owner
deems that an emergency exists which requires immediate attention. In the event
of such an emergency, the Non-Defaulting Owner shall give whatever notice to
the Defaulting Owner is reasonable under the circumstances. Within ten (10)
days after written demand (including providing copies of invoices reflecting costs)
the Defaulting Owner shall reimburse the Non-Defaulting Owner for any amount
reasonably spent by the Non-Defaulting Owner to cure the default, together with
interest on such amount.
5.3.
Agreement Shall Continue Notwithstanding Breach. It is expressly agreed that
no breach of this Agreement shall (a) entitle any Owner to cancel, rescind, or
otherwise terminate this Agreement, or (b) defeat or render invalid the lien of any
-5-
mortgage or deed of trust made in good faith and for value as to any part of the
Center; however, such limitation shall not affect in any manner any other fights or
remedies which an Owner may have under this Agreement by reason of any such
breach.
Notices
Any notice permitted or required to be given pursuant to this Agreement shall be in
writing deemed to have been given three (3) business days after mailing a written notice
by certified mall, postage prepaid, return receipt requested, or one (1) business day after
sending by Federal Express or other comparable overnight express courier service (with
proof of receipt available), addressed to the parties as follows:
Declarant
Bradley Operating Limited Parmership
535 Boylston Street
Boston, Massachusetts 01760
Attention:
or to such other address of which the other Owners have been given notice by each other.
If the last day for giving any notice or taking any action required or permitted under this
Agreement would otherwise fall on a Saturday, Sunday, or legal holiday, that last day
shall be postponed until the next legal business day.
Miscellaneous
7.1.
Not a Public Dedication. Nothing contained in this Agreement shall be deemed
to be a gift or dedication of any portion of the Center, or of any Lot, or of any
portion of the Center or any Lot, to the general public or for any public use or
purpose whatsoever.
7.2,
Integration: Enforceability. Except for applicable laws, ordinances, codes,
roles, regulations and other governmental fights and actions, (a) this Agreement,
including any recitals and any attached exhibits, all of which are made a part of
this Agreement, contains the entire agreement between the parties as to the
subjects covered in this Agreement, except with respect to utility easements at the
Center; (b) no representations, warranties, inducements, promises, understandings,
assurances, or agreements relating to the subject covered by this Agreement,
except with respect to utility easements at the Center made before the execution of
this Agreement will change its terms or may be legally enforced; and (c)no
promises or other terms shall be implied in tl-ds Agreement.
7,3.
7.4.
7°5°
7.6.
IN WITNESS
to be executed
Amendments. This Agreement may only be amended by a whtten agreement
signed by all of the then current Owners. Any such amendment shall be effective
only when recorded in the county and state where the Center is located. No
consent to the amendment of this Agreement shall ever be required of any
Occupant or Person other than the Owners and the holder of any first mortgage on
any portion of the Center.
Binding Effect. This Agreement shall both bind and benefit the parties to this
Agreement and their respective heirs, personal representatives, successors and
assigns who become Owners. The easements, covenants, agreements, conditions,
terms, obligations, limitations and undertakings in this Agreement shall be
construed as covenants running with the land. This Agreement is not intended to
supersede, modify, amend, or otherwise change the provisions of any other
instrument affecting the Center.
Captions. The section numbers and captions are inserted only as a matter of
convenience, and do not in any way define, limit, or describe the scope or intent
of this Agreement. Any references in this Agreement to a Section or subsection
shall refer to such Section or subsection of this Agreement, unless expressly
provided otherwise.
Interpretation of "including". Wherever the word "including" is used in this
Agreement, or in any recital or exhibit to this Agreement, it shall mean "including
without limitation."
WHEREOF, the parties hereto have caused this Reciprocal Easement Agreement
effective as of the date and year first above written.
BRADLEY OPERATING LIMITED PARTNERSHIP,
a Delaware Limited Partnership
By: HERITAGE-AUSTEN ACQUISITIONS, INC., a Maryland
corporation, its general partner
By:
Its:
ACKNOWLEDGMENTS
STATE OF MINNEsoTA )
COUNTY OF )
On this __ day of ..... before me, a Notary Public in and for said
County, personally appeared ., to me personally known, who being by me
duly sworn, did say that he/she is of HERITAGE-AUSTEN
ACQUISITIONS, INC., a Maryland corporation which is general partner of BRADLEY
OPERATING LIMITED PARTNERSHIP, a Delaware limited parmership, and acknowledged
the execution of the foregoing instrument to be the voluntary act and deed of said BRADLEY
OPERATING LIMITED PARTNERSHIP by it voluntarily executed.
Notary Public
My Commission Expires:
EXItlBIT A
(Legal Description of Center)
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CENTRAL VALU CENTER
COLUMBIA HEIGHTS, MN
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6
CITY COUNCIL LETTER
Meeting of: 8/13/01
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: q '~-~ PUBLIC WORKS
ITEM: WARGO COURT RETAINING WALL BY: K. Hanseng~9~,)
DATE: 8/7/01'r'w-~''~' DATE:
Background:
As part of the Transition Block Redevelopment, the alley between 41~ and 42~d Avenues, east of NEI, will be constructed on the
north end. The construction of the Crestview Senior Building requires realigning the alley with two ninety degree lams and then
accessing directly south of Van Buren on 42'd Avenue.
Analysis and Conclusions:
During the review process, staffhad contact with the management company for the strip center at 4110 Central Avenue. Ron
Clark Companies indicated that the lower level businesses utilized large van and semi-trailers for deliveries. At the City Council
meeting where final plans were approved, staff was directed to work with developer to modify the two ninety degree lams to
accommodate the laming movements ora tractor-nailer. The bends have been modified to accommodate a tractor-trailer of 55
total feet.
Recently staff has been contacted by lower level business owners indicating the new alignment would be acceptable for one-way
traffic, but larger delivery vans and tractor-trailers cannot access to south alley access at 41st Avenue. Currently, all larger vehicle
deliveries lam into the alley north of42"~ Avenue and back down the alley to make deliveries. Their concern relates in attempting
to reverse or back out of the realigned alley. The owners indicated that garbage tracks do not even use the 41s' alley access.
The Transition Block Project did not alter the alignment nor paved width of the alley at 41st Avenue. Discussions with the property
manager focused only on the north alley access. After recent discussions with the business owners, staffdetermined that
modifications to the retaining wall at Wargo Court would provide the width and larning radius for the same 55-foot tractor-trailer
(see attached plan). The alley width would be widened to a maximum of 24 feet behind Wargo Court with a larger radius at 41't
Avenue to accommodate the turning movement. Staffhas contacted the contractor for the Jefferson wall project and he is willing
to extend the lo~v bid unit bid prices for the Wargo Project. Public Works would replace the bituminous surface and the City's
Miscellaneous Concrete Contractor would provide removal and replacement of the concrete curb and gutter. The lo~v bid unit
pricing in a cost of $18,320. The State Aid Maintenance Fund is recommended by staff to pay for the Wargo retaining ~vall
project.
Recommended Motion: Move to authorize Change Order No. 1 for City Project 1998-18 to Sunram Construction, Inc. in an
amount not-to-exceed $18,320 for the Wargo Court Retaining Wall.
Attachment: Drawing
KH:jb
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of August 13,2001
AGENDA SECTION: Consent A ~v ORIGINATiNG DEPARTMENT CITY MANAGER
NO. ~ ' ' CIVIL DEFENSE APPROVAL:
ITEM: Police & Fire Reserve Appreciation Event BY: Charlie Thornpson BY: ~/~~///~?~4~
NO. DATE: August 9, 2001 ¢7 DATE:
BACKGROUND
Each year the City Council has hosted an annual appreciation night for members of the Police and Fire
Reserve Units and their guests in recognition and thanks for the many hours these groups donate to the
community and the City. Plans are now being developed for this year's appreciation event.
ANALYSIS/CONCLUSION
The Reserves have indicated a preference to attend a show at the Chanhassen Dinner Theater again this
year. Council action is required to spend the money necessary for advance reservations, etc. There are
funds budgeted and available in the Civil Defense budget fund 101 Department 42500.
RECOMMENDED MOTION: Move to authorize the expenditure of up to $4,000 from the Civil
Defense budget fund 101-42500 line 4374 to host the annual appreciation night for the Fire and Police
Reserve Units, and that the Mayor and City Manager are authorized to enter into contracts as needed for
this event.
mid
Cd01-08
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: August 13, 2001
AGENDA ORIGINATING CITY
SECTION: DEPARTMENT: MANAGER
LI~ A- -1 APPROVAL
NO: Fire
ITEM: Establish Heating Dates BY: Dana Alexon BY:
License Revocation, Rental Properties
NO: DATE: August 8, 2001 DATE:
Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested
against the following owners regarding their rental property for failure to meet the requirements of the Residential
Maintenance Codes.
1. Richard Meissner .......................................................... 4643 Pierce Street NE
2. Syed Raza ...................................................................... 4616-4622 Tyler Street NE
RECOMMENDED MOTION: Move to Establish a Hearing Date of August 27, 2001 for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Richard
Miessner at 4643 Pierce Street NE.
RECOMMENDED MOTION: Move to Establish a Hearing Date of August 27, 2001 for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Syed Raza at
4616 & 4622 Tyler Street.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: August 13, 2001
AGENDA SECTION: l_~_ ~ _ % ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
License Agenda BY: Shelley Hanso,x~'k. DATE:
ITEM:
BACKGROUND/ANALYSIS
Attached is the business license agenda for the August 13,2001 City Council meeting. The agenda consists
of applications for contractors licenses, tobacco sales, fuel dispensing units, and a new wine/beer license
for Udupi Caf6. They will be opening at a new location in August.
Various departments review these applications and the necessary approvals have been obtained.
At the top of the license agenda you will notice a phrase stating *~Signed Waiver Form Accompanied
Application~. This means that the data privacy form has been submitted as required. If not submitted,
certain information cannot be released to the public.
RECOMMENDED MOTION:
Move to approve the items as listed on the business license agenda for August 13, 2001 as presented.
COUNCIL ACTION:
TO CITY COUNCIL August 13, 2001
*Signed Waiver Form Accompanied Application
2001 BUSINESS LICENSE AGENDA
APPROVED BY
BUILD1NG OFFICIAL
POLICE DEPT.
CONTRACTORS
*Metro Sheet Metal
*Master Gas Fitters
*Powers Restoration
*Midwest Heating & AC
*Care Air Cond. & Heating
*What You Want Construct.
*Metro Gas Installers
TOBACCO/CIGARETTE SALES
*Twin Cities Avanti Stores LLC
At Food n Fuel
Green Island Corp-E1 Bustan
LICENSED AT FEES
3260 Fanum Rd, St Paul 55110 $50.00
2240 Shawnee Dr, St Paul 55109 $50.00
6205 University Ave, Fridley 55432 $50.00
26355 Tucker Rd, Rogers 55376 $50.00
1211 Old Hwy 8, New Bright 55112 $50.00
7798 Hearthside Ave S, Cott Gr $50.00
685 141~t Lane NW, Andover $50.00
4001 University Ave, Col. Hts $200
4755 Central Ave NE, Col. Hts $200
FIRE DEPT.
POLICE, FIRE,BLDG
MOTOR VEHICLE FUEL DISPENSING UNITS
*Twin Cities Avanti Stores LLC
At Food n Fuel
ON SALE WINE & BEER
Mylappan Magappan
Dba Udupi Caf6
4001 University Ave, Col. Hts
4920 Central Ave Col. Hts.
$200
$2400
license agenda
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CITY COUNCiL LETTER
Meeting of: August 13, 2001
AGENDA ORIGINATING CITY
SECTION: Consent k~ ~A-' I 0 DEPARTMENT: MANAGER
APPROVAL
NO: Community Development
ITEM: Establish Public Hearing Date for reuse BY: Tim Johnson
of CDBG funds
NO: DATE: Aug 10, 2001 DATE:
Establish a Public Hearing for August 27, 2001, at approximately 7:00 p.m. for the purpose ofreallocating CDBG
Funds that were formerly used to acquire and raze property at 4656 Monroe Street NE in August 1995. You have
the option to reuse the monies for commercial revitalization, housing rehabilitation, or any other CDBG eligible
activities. The CDBG reallocation will be based on the determination of the current fair market value of the
property.
RECOMMENDED MOTION: Move to Establish a Public Heating Date for August 27, 2001, at approximately
7:00 p.m. for the purpose of reallocating CDBG Funds that were formerly used to acquire and raze property at
4656 Monroe Street NE
-~)-UNCiL ACTION:
Community Circle Conversations
Bridging Our Communities
July 25, 2001 1460 49~ Avenue NE Columbia Heights, MN 55421
Walter Fehst
Columbia Heights City Manager
590 - 40t~ Avenue NE
Columbia Heights, Minnesota 55421
Dear Walter Fehst:
The Southern Anoka County Community Consortium (SACCC) and the Values First Initiative are
pleased to announce that we have received a grant from the McKnight and Medtronic Foundations to
explore the growing issue of cultural diversity in Columbia Heights, Fridley, and Hilltop.
According to the recent 2000 Census, the face of America is rapidly transforming and more specifically
the Twin Cities and suburbs are becoming more diverse. Southern Anoka County communities are not
iramune to the expanding and changing population. Currently, in the Fridley School District 5% of the
student population is in English as a Second Language classes. (ESL), in the Columbia Heights School
District the ESL students total 10% of the student population and there are 38 different dialects being
spoken.
Sometimes change and growth can be very difficult to embrace. SACCC and Values First has risen to the
challenge of bringing our three communities together as one. The ultimate goal is to build stronger
communities that embrace our differences while sharing and rejoicing in our similarities.
A national program called Community Circle Conversations (CCC) has been instrumental in assisting
communities like ours reach their goals in the area cultural diversity. Beginning September 6, 2001 our
community will hold four Community Circles to build relationships across ethnic, religious, economic
and neighborhood boundaries. This community wide effort to bring people together to discuss, share, and
learn more about the critical issues facing our communities: education, employment, equitable housing,
and race relations.
According to Nation's Cities Weekly, "Community Circles create more than just talk Studies have shown
that people have changed their attitudes about race, housing equity, and education as a result of their circle
conversation experience."
Your help is needed! In order to be successful we need to call ~pon the community partners like you. Over
the next few weeks CCC representatives will be presenting the goals of the CCC program to community
organizations. We look forward to working with you on this collaborative effort. For more information about
CCC or answer any questions you may have, you may call our office at 763-528-4513.
Sincerely,
Loralean Jordan
Program Manager
Phone: 763-528-4513
Fax: 763-528-4509
Jermaine M. Davis
Program Facilitator
Community Circle Conversations is sponsored by the Values First Initiative
and funded in partnership by the/'IcKnlght and Medtronic Foundations.
CITY COUNCIL LETTER
Meeting of August 13, 2001
AGENDA ORIGiNATiNG CITY
SECTION: (9- A DEPARTMENT: MANAGER
NO: Fire APPROVAL
Close Hearing -Rental License BY: Dana Alexon
ITEM: Revocation
NO: DATE: August 8, 2001 DATE:
The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against
Iteidi VonIteidemann regarding rental property at 3718 Central Avenue for failure to meet the requirements of
the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of August
13, 2001.
The public hearing on this property may now be closed in that the owner has signed a purchase agreement with the
City and the property/building is not currently being used as rental property.
RECOMMENDED MOTION: Move to Close the Public Heating Regarding the Revocation or Suspension of the
Rental License Held by Iteidi VonHeidemann Regarding Rental Property at 3718 Central Avenue due to pending
City purchase of the property.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of August 13, 2001
AGENDA Public Hearing ORIGiNATiNG CITY
SECTION: ~o ' ~ DEPARTMENT: MANAGER
NO: Fire APPROVAL
Revocation at 4645 Washington St.
NO: DATE: August 8, 2001 DATE:
Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against
Avery Fenne regarding rental property at 4645 Washington Street 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.2001-48, there being ample copies
available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2001-48, 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 Avery Fenne Regarding Rental Property at 4645 Washington Street.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of August 13, 2001
AGENDA SECTION: Other, Ordinances & Resolutions ORIGINATING DEPARTMENT CITY MANAGER
NO. "-1 -- A - ~ POLICE APPROVAL:,,,, ..r.,
ITEM: Ordinance Amending Ordinance No. 853, City BY: Thomas M. Johnson._~/ BY:
NO Code of 1977, and Pertaining to Parking on DATE: July 26, 2001 .~ DATE:
Landscaped Surfaces
BACKGROUND
In November 1997 the City Building inspector amended Ordinance 7.205(3) in the hope that it would
allow us to remove vehicles parked on landscaped areas where the owner of the car and/or property
refused to come into compliance with our ordinance. During the last year it was discovered by the City
Attorney and the Chief of Police that the change was made to the wrong ordinance and has actually
extended the time we must leave an "abandoned" or "junk" vehicle before we can tow it. The amendment
should have been added to our parked on landscaped surfaces, Ordinance No. 853, City Code of 1977,
Section 7, 5A.207(1)(b)(i).
ANALYSIS/CONCLUSION
In order to rectify this problem, the City Attorney and the Chief of Police are recommending that
Ordinance No. 853, City Code of 1977, Section 7, 5A.207(1)(b)(i) be amended to allow for the
impoundment of"unauthorized" vehicles, which is what vehicles parked on landscaped surfaces actually
are. (See attached ordinance proposal).
RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1434, there being ample
copies available to the public.
RECOMMENDED MOTION: Move to adopt Ordinance No. 1434, being an Ordinance amending
Ordinance 853, City Code of 1977, and pertaining to parking on landscaped surfaces.
TMJ:mld
01-113A
Attachment
COUNCIL ACTION:
ORDINANCE NO. 1434
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND
PERTAINING TO PARKING ON LANDSCAPED SURFACES
The City of Columbia Heights does ordain:
Section 7: Screening and landscaping
Every yard of any premises on which a dwelling or dwelling unit is located shall have
installed and maintained landscaping in accordance with the provisions of this section.
(i) Sodding and ground cover. All exposed ground area surrounding the principal
building and accessory buildings that are not devoted to driveways, parking
areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees,
gardens, or other ornamental landscape materials. No landscaped area shall be
used for the parking of vehicles or storage or display of materials, supplies, or
merchandise.
The owner of an unauthorized motor vehicle shall be given notice of violation by
the City and will be given fifteen (15) days to take corrective action. Corrective
action shall be defined as:
(1)
An owner has taken corrective action when the vehicle is legally parked
and in compliance with all applicable City Ordinances and State
requirements for an operable vehicle on public roads. In the event
corrective action was not taken within fifteen (15) days from the notice of
the violation, the city may take the vehicle into custody, impound it, and
the vehicle is eligible for disposal or sale as an unauthorized vehicle
under section 168B.08, 45 days after notice to the owner.
This Ordinance shall be in full force and effective 30 days after its passage.
First Reading:
Second Reading:
Date of Passage:
July 23, 2001
August 13, 2001
Offered by:
Seconded by:
Roll Call:
Mayor GaryL. Peterson
Patricia Muscovitz, Deputy City Clerk
CITY COUNCIL LETTER
Meeting of August 13, 2001
AGENDA SECTION: Other Ordinances & Resolutions ORIGiNATiNG DEPARTMENT CITY MANAGER
NO. ~ */~ -2., POLICE APPROVAl: , ,
Amendment to Ordinance BY: Thomas M. Johns..9~l~)4~ BY: E~-////~:____~_~
ITEM:
Rescind
November
1997
NO 853 Pertaining to Prohibited Nonmoving Violations DATE: July 26, 2001 ~-~v (~) DAT
BACKGROUND
In November, 1997, the City Building Inspector amended Ordinance 7.205(3) in the hope that it
would allow us to remove vehicles parked on landscaped areas where the owner of the car and~or
property refused to come into compliance with our ordinance. During the last year it was
discovered by the City Attorney and the Chief of Police that the change was made to the wrong
ordinance and has actually extended the time we must leave an "abandoned" or "junk" vehicle
before we can tow it. The amendment should have been added to our Parked on Landscape
Surfaces Ordinance No.5A.207(1)(b)(i).
ANALYSIS/CONCLUSION
In order to rectify this problem, the City Attorney is recommending that the amendment passed in
November 1997 to the Nonmoving Violations Ordinance Number 7.205(3) be removed and that
this ordinance be changed back to the way it read prior to the November 1997 change.
RECOMMENDED MOTION: Move to waive the reading of Ordinance 1432, there being
ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Ordinance 1432, being an Ordinance amending
Ordinance No. 853, City Code of 1977, and pertaining to prohibited nonmoving violations.
TMJ:mld
01-116A
COUNCIL ACTION:
ORDINANCE NO. 1432
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977,
AND PERTAINING TO PROHIBITED NONMOVING VIOLATIONS.
The City of Columbia Heights does ordain:
No person with title or custody of a motor vehicle shall abandon such vehicle as defined herein,
anywhere with the City.
For purposes of this chapter, an "abandoned motor vehicle" shall consist off
(a) A motor vehicle which has remained in any one place on public property for a continuous period of
48 hours and lacks vital component parts that are essential to the mechanical functioning of the vehicle,
or is otherwise in inoperable condition, or
(b) A motor vehicle which has remained on private property for a continuous period of 48 hours without
the consent of the person in control of such property.
Provided, however, that a classic car or pioneer car as defined in Minnesota Statutes Chapter 168.10,
shall not be considered as an abandoned motor vehicle within the meaning of subdivision (a).
is hereby amended to read as follows:
No person with title or custody of a motor vehicle shall abandon such vehicle as defined herein,
anywhere with the City.
For purposes of this chapter, an "abandoned motor vehicle" shall consist of:
(c) A motor vehicle which has remained in any one place on public property for a continuous period of
48 hours and lacks vital component parts that are essential to the mechanical functioning of the vehicle,
or is otherwise in inoperable condition, or
(d) A motor vehicle which has remained on private property for a continuous period of 48 hours without
the consent of the person in control of such property.
First Reading:
Second Reading:
Date of Passage:
July 23, 2001
August 13, 2001
Offered by:
Seconded by:
Roll Call:
Patricia Muscovitz, Deputy City Clerk
Mayor Gary L. Peterson
CITY COUNCIL LETTER
Meeting of August 13,2001
AGENDA SECTION: Other Ordinances & Resolutions ORIGiNATiNG DEPARTMENT CITY MANAGER
NO. ~ -/4 -5 POLICE APPROVAL: ~,,
ITEM: Ordinance Change, Creating Section 3.203 (8) BY: Thomas M. Johnson ~ BY: ~t~//f~f/~j~
NO of the Columbia Heights City Code Pertaining DATE: July 26, 2001 c,W ~o DATE
to the Disposition of Unclaimed Property
BACKGROUND
During the past couple of years the Department has accumulated several hundred dollars in
unclaimed money and some property that was not evidentiary in nature. In order for the City to take
control of this money and property and dispose of it properly, State Statute 471.195 requires us to
pass an ordinance that defines the process to be followed.
ANALYSIS/CONCLUSION
In order to legally dispose of unclaimed money and property, a new city ordinance is needed. The
attached ordinance and procedure was developed with the assistance of the City Attorney in order for
the city to dispose of unclaimed property and money in accordance with Minnesota State Statute
471.195.
RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1433, there being
ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Ordinance No. 1433, being an Ordinance pertaining
to the disposition of unclaimed property.
TMJ:mld
01-115A
Attachment
COUNCIL ACTION:
ORDINANCE NO. 1433
BEING AN ORDINANCE OF THE COLUMBIA HEIGHTS CITY COUNCIL
PERTAINING TO THE DISPOSITION OF UNCLAIMED PROPERTY
The City of Columbia Heights does ordain:
The Chief of Police is authorized to administer the disposal of property lawfully coming into the
possession of the City and remaining unclaimed by the owner after sixty (60) days. The property
may be used by the City for its own purposes, or, sold to the highest bidder at a public auction,
or, if determined by the Chief of Police to have no value, destroyed.
A notice specifying the date, time, and place of any auction or sale shall be published in a
newspaper of general circulation throughout the City at least one week prior to such auction or
sale.
The net proceeds of the auction or sale shall be placed in the City's General Fund, subject to the
right of the former owner to payment of the net proceeds upon application and presentation of
satisfactory proof of ownership within six (6) months of the sale. Net proceeds means the sale
price less all costs of handling, publishing, storage or sale of the item. The City may, at its
discretion, bill the owner for any costs that exceed the revenues derived from the disposal.
This ordinance shall be in full force and effect from and after thirty (30) days after its passage.
First Reading:
Second Reading:
Date of Passage:
July 23, 2001
August 13, 2001
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patricia Muscovitz, Deputy City Clerk
COLUMBIA HEIGHTS POLICE DEPARTMENT PROCEDURE
FOR DISPOSITION OF UNCLAIMED PROPERTY
All unclaimed property coming into possession of the City of Columbia Heights will be
disposed of using the following procedure and per City Ordinance 3.203(8), and State Statute
471.195:
A. All property (except motor vehicles) found or coming into the possession of the City of
Columbia Heights shall be turned over to the Police Department immediately.
B. The Police Department will make every effort to find the owner of the property using all
means available.
C. The property will be held for a minimum of sixty (60) days.
D. If after sixty days no claim has been made for the property, the Chief of Police may do
any of the following:
a. The property may be used by the City for its own purposes, or
b. The property may be sold to the highest bidder at a public auction or sale, or
c. If determined by the Chief of Police to have no value, destroyed.
The net proceeds of the auction or sale shall be placed in the City's General Fund, subject
to the right of the former owner to payment of the net proceeds upon application and
presentation of satisfactory proof of ownership within six (6) months of the sale.
If the property is a motor vehicle, it shall be impounded and disposed of in accordance
with Minnesota State Statutes 168B.01, 168B.06, 168B.051, 168B.07, 168B.011,
168B.04, 168B.03, and 169.041. Copies ofthe above listed Statutes are attached to this
procedure.
Attachments
CITY COUNCIL LETTER
Meeting of: August 13, 2001
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER' S
No: -7 A - CITY AGER' S APPROVA
ITEM: FIRST READING OF ORDIN AN CE NO, I~, BY: CHARTER COMMISSION BY:
PERTAINING TO PURCHASES AND CONTP~ACTS DATE: DATE:
NO:
The Charter Commission has been reviewing various sections of the charter for some time now.
Chapter 6, Section 56, Purchases and Contracts has been discussed numerous times.
In discussions with the City Attorney, the Charter Commission members decided that in Chapter
6, Section 56 of the City Charter, the amount of $3,000 could be amended by a simple majority
of the council (by resolution). Also, it was decided that further clarification on conveyance
of real estate contracts was needed no matter what the amount of the transaction.
RECOMMENDED MOTION: Move to waive the reading of the ordinance,
available to the public.
RECOMMENDED MOTION: Move to schedule the
A~$ 2~. ~l , at approximately 7 p.m.
second reading
there being ample copies
of the ordinance for
COUNCIL ACTION:
ORDINANCE NO.
BEING AN ORDINANCE AMENDING CHAPTER 6, SECTION 56
OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO PURCHASES AND CONTRACTS
The City of Columbia Heights does ordain:
Section 1: Chapter 6, Section 56 of the Charter of the City of Columbia Heights which currently
reads as follows, to wit:
PURCHASES AND CONTRACTS. The city manager shall be chief purchasing
agent of the City. All purchases and contracts on behalf of the City shall be made by
the City Manager, but subject to the approval of the City Council whenever the
amounts of such purchases or contracts exceeds $3,000. All contracts of any kind to
which the city is a party exceeding $3,000.00 and instruments for the conveyance of
any real estate by the city shall be signed by the Mayor and the City Manager on
behalf of the City and shall be executed in the name of the city.
IS HEREWITH AMENDED TO READ AS FOLLOWS:
PURCHASES AND CONTRACTS. The city manager shall be chief purchasing
agent of the City. All purchases and contracts on behalf of the City shall be made by
the City Manager, but subject to the approval of the City Council whenever the
amounts of such purchases or contracts exceeds $3,000. Said amount may be
amended by a simple majority of the Council by resolution. All contracts ~fany
kind to ..~.:~. ,~ ~:,..: ............ .~:__ ~ n^,~ ^~ ~-.~: .......... fo
~,,,,,~ ........ ,: ,o . v-'~ ~-"-'-'-~-"~ *~,~".'~ -'"~ ,,,o,o,,,~,,,o r the
conveyance of any real estate by the city shall be signed by the Mayor and the City
Manager on behalf of the City and shall be executed in the name of the city.
Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its
passage.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
CITY COUNCIL LETTER
Meetin9 of: August 13, 2001
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER' S
NO: ~ '~ A '5 CITY MANAGER'S APPROVAL t?
PERTAINING TO DAMAGE SUITS DATE: E.
NO:
The Charter Commission has been reviewin~ various sections of the charter for some time now.
In discussions with the City Attorney, the Charter Commission members decided that Chapter 12,
Section 112 of the City Charter did not need to be in the charter any longer. Therefore, it
is recommended that this section be deleted.
RECOMMENDED MOTION: Move to waive the readin~ of the ordinance,
available to the public.
RECOMMENDED MOTION: Move to schedule the second readin~
~ Tq ~i , at approximately 7 p.m.
there bein9 ample copies
of the ordinance for
COUNCIL ACTION:
ORDINANCE NO.
BEING AN ORDINANCE AMENDING CHAPTER 12, SECTION 112
OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO DAMAGE SUITS
The City of Columbia Heights does ordain:
Section 1: Chapter 12, Section 112 of the Charter of the City of Columbia Heights which
currently reads as follows, to wit:
DAMAGE SUITS. No action shall be maintained against the city on account of any
injuries or damages to persons or property, unless such action shall be commenced
within one year from the occurrence of such injury or damage, nor unless notice shall
have been given in writing to the city clerk within thirty days of the occurrence of
such injury or damage, stating the time when and the specific place where, and the
circumstances under which the same occurred, and that the person injured or
damaged will claim damages of the city therefore.
IS HEREWITH AMENDED TO READ AS FOLLOWS:
DAMAGE SUITS. Deleted.
Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its
passage.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
CITY COUNCIL LETTER
Meeting of: August 13, 2001
AGENDA SECTION: /~. ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: -7 /-I~ CITY MANAGER'S APPROVAL
PERTAINING TO CITY TO SUCCEED TO RIGHTS DATE: DATE:
~D OBLIGATIONS OF VILLAGE
NO:
The Charter Commission has been reviewing various sections of the charter for some time now.
In discussions with the City Attorney, the Charter Commission members decided that Chapter 12,
Section 114 of the City Charter did not need to be in the charter any longer. Therefore, it
is recommended that this section be deleted.
RECOMMENDED MOTION: Move to waive the reading of the ordinance,
available to the public.
RECOMMENDED MOTION: Move to schedule the second reading
A~L~$~ ~i~001 , at approximately 7 p.m.
there being ample copies
of the ordinance for
COUNCIL ACTION:
ORDINANCE NO.
BEING AN ORDINANCE AMENDING CHAPTER 12, SECTION 114
OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO CITY TO SUCCEED TO RIGHTS
AND OBLIGATIONS OF VILLAGE
The City of Columbia Heights does ordain:
Section 1: Chapter 12, Section 114 of the Charter of the City of Columbia Heights which
currently reads as follows, to wit:
CITY TO SUCCEED TO RIGHTS AND OBLIGATIONS OF VILLAGE. The City
of Columbia Heights shall succeed to all the property, rights, and privileges, and
shall be subject to all the legal obligations, and of the village of Columbia Heights.
IS HEREWITH AMENDED TO READ AS FOLLOWS:
CITY TO SUCCEED TO RIGHTS AND OBLIGATIONS OF VILLAGE. Deleted.
Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its
passage.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
CITY COUNCIL LETTER
Meeting of: August 13, 2001
AGENDA SECTION: -7~.~ _.~ ORIGINATING DEPARTMENT: CITY MA/qAGER'S
NO:f~ ~ CITY MANAGER'S APPROVAL
PERTAINING TO VILLAGE OFFICERS TO HOLD DATE: DAT
OFFICE TILL WHEN
NO:
The Charter Commission has been reviewing various sections of the charter for some time now.
In discussions with the City Attorney, the Charter Commission members decided that Chapter 12,
Section 115 of the City Charter did not need to be in the charter any longer. Therefore, it
is recommended that this section be deleted.
RECOMMENDED MOTION: Move to waive the reading of the ordinance,
available to the public.
RECOMMENDED MOTION: Move to schedule the second reading
A~q ~00i , at approximately 7 p.m.
there being ample copies
of the ordinance for
COUNCIL ACTION:
ORDINANCE NO.
BEING AN ORDINANCE AMENDING CHAPTER 12, SECTION 115
OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO VILLAGE OFFICERS TO HOLD
OFFICE TILL WHEN
The City of Columbia Heights does ordain:
Section 1: Chapter 12, Section 115 of the Charter of the City of Columbia Heights which
currently reads as follows, to wit:
VILLAGE OFFICERS TO HOLD OFFICE TILL WHEN..The officers of the present
village of Columbia Heights shall continue in their respective offices and functions,
and shall continue to govern the village in the usual manner until the first Monday in
July, A.D. 1921. They shall make such financial and other provisions for the fiscal
year 1921 as will serve to carry on the government until a city government has been
set up under this charter, and they shall make provision for the election of the first
city council as provided for in Chapter 4 of this charter.
IS HEREWITH AMENDED TO READ AS FOLLOWS:
VILLAGE OFFICERS TO HOLD OFFICE TILL WHEN. Deleted.
Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its
passage.
First Reading:
Second Reading:
Date of Passage:_
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
CITY COUNCIL LETTER
Meeting of: August 13, 2001
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: ~ - ~- ~ CITY MANAGER'S APPROVAL
PERTAINING TO EXISTING ORDINANCES DATE: DATE:
CONTINUED
NO:
The Charter Commission has been reviewing various sections of the charter for some time now.
In discussions with the City Attorney, the Charter Commission members decided that Chapter 12,
Section 117 of the City Charter did not need to be in the charter any longer. Therefore, it
is recommended that this section be deleted.
RECOMMENDED MOTION: Move to waive the reading of the ordinance,
available to the public.
RECOMMENDED MOTION: Move to schedule the
/-~,~.~ ~06i at approximately 7 p.m.
second reading
there being ample copies
of the ordinance for
COUNCIL ACTION:
ORDINANCE NO.
BEING AN ORDINANCE AMENDING CHAPTER 12, SECTION 117
OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO EXISTING ORDINANCES CONTINUED
The City of Columbia Heights does ordain:
Section 1: Chapter 12, Section 117 of the Charter of the City of Columbia Heights which
currently reads as follows, to wit:
EXISTiNG ORDiNANCES CONTINUED. All ordinances and regulations of the
village of Columbia Heights in force when this charter takes effect, and not
inconsistent with the provisions thereof, are hereby continued in full force and effect
until amended or repealed.
IS HEREWITH AMENDED TO READ AS FOLLOWS:
EXIST1NG ORDINANCES CONTINUED. Deleted.
Section 2: This Ordinance shall be in full fome and effect from and after ninety (90) days after its
passage.
First Reading:
Second Reading:
Date of Passage:.
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
CITY COUNCIL LETTER
Meeting of: 8/13/01
AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER
~-{ PUBLIC WORKS\~f~ ~t'~~-
ITEM: CROSS CONNECTION OF SANITARY SEWER BY: K. Hansen~,.~.~ BY:
AT JACKSON POND DATE: 8/7/01 l~'~"- DATE:
Background:
As part of the Zone 5 Street Rehabilitation Project, staff had included the removal of an overflow connection from the trunk
sanitary sewer on 43rd Avenue into Jackson Pond. At the contract award meeting, the City Council requested additional
information prior to proceeding with this portion of the work.
Analysis and Conclusions:
In the Zone 5 work area, staff performed testing and analysis on the sanitary sewer system that serves the area south of 43rd
Avenue between Central and Quincy Avenues. Past history has shown a pattern of sewer backups in this area, flooding out
basement homes. Staff also inspected the entire trunk sanitary sewer lines that serve this area from Central to University Avenues.
Deficiencies were found in the trunk lines ranging from constrictions in the pipe (43~a and Quincy), to significant tree root
infiltration, to settlement in the lines (45th University to 5'h Street). An additional concern staff has in the overall system
operation is the straight connection from a sanitary manhole on 43~d Avenue into Jackson Pond. While originally intended for
sewage to overflow into Jackson Pond, I believe that the reverse may be happening. Many discussions with the residents in the
flood prone area indicate that the sewage back-ups occur only during intense rainstorm events, where Jackson Pond has risen. Two
check valves were put in this overflow line to the pond, but are unreliable. Public Works continues to recommend the removal of
this cross connection and with improvements to the trunk piping system in the Zone 5 area, should minimize the potential for the
effects of storm events to flood these areas of homes.
Additional information is attached relating to the EPA requirements to eliminate sanitary sewer cross connections and the potential
for sewer overflows. Sanitary sewer overflows that discharge to public waters have been prohibited since 1972 under the Clean
Water Act. In 1999, the EPA drafted additional regulation that would further reduce the occurrence of sanitary sewer overflows.
This role xvas out for final comment early in 2001 and should be considered for final adoption shortly by the end of this year.
Recommended Motion: Move to authorize the elimination of the sanitary sewer cross connection to Jackson Pond as originally
proposed in the Zone 5 construction plans approved by Council on May 29, 2001.
Attachment: EPA Information (4 sheets)
COUNCIL ACTION:
EPA
United States Office of Water (4201) EPA 833-01-F-001
Environmental Protection Washington, DC 20460 January 2001
Aqency ,, http://www.epa.qov/water
Proposed Rule To Protect Communities From
Overflowing Sewers
The Environmental Protection Agency (EPA) is proposing to clarify and expand permit
requirements under the Clean Water Act for 19,000 municipal sanitary sewer collection systems
in order to reduce sanitary sewer overflows. The proposed requirements will help communities
improve some of our Nation's most valaable infrastructure -our wastewater collection
systems-by requiring facilities to develop and implement new capacity, management, operation,
and maintenance prograrns and public notification programs. The l g, 000 systems covered by
this rule include 4,800 municipal satellite collection systems which will be directly regulated
under the Clean Water Act for the first time. The proposed requirements will resuh in fewer
sewer overflows, leading to healthier communities, fewer beach closures, and fish and shellfish
that are safer to eat.
Background
Sanitary sexver collection systems perform the critical task of collecting sewage and other
;vastewater from places where people live, work, and recreate, and transport it to the treatment
facility for proper treatment and disposal. These systems are essential for protecting public health
and the environment.
A combination of factors has resulted in releases of untreated sewage from some parts of the
collection systems before it reaches treatment facilities, known as sanitary sewer overflows. Most
cities and towns started building sewer collection systems over 100 years ago and many of these
systems have not received adequate upgrades, maintenance and repair over time. Cities have used
a wide variety of materials, designs, and installation practices. Even well-operated systems may
be subject to occasional blockages or structural, mechanical, or electrical failures. Problems with
sewer overflows can be particularly severe where portions of a system have fallen into disrepair
or where an older system is inferior to more modem systems.
EPA estimates that there are at least 40,000 overflows of sanitary sewers each year. The
untreated sewage from these overflows can contaminate our waters, causing serious water quality
problems and threatening drinking water supplies and fish and shellfish. It can also back up into
basements, causing property damage and creating threats to public health for those who come in
contact with the untreated sewage.
Sanitary sewer overflows that discharge to surface waters have been prohibited under the Clean
Water Act since 1972. Municipal xvastewater treatment plants that discharge are currently
required to comply with National Pollutant Discharge Elimination System (NPDES) permits,
which require record-keeping and reporting of overflows and maintenance of their collection
system. Most satellite sewage collection systems do not current have NPDES pespaits.
Proposed Rule to Reduce Sewer Overflows
EPA is proposing revisions to the NPDES permit regulations to improve the operation of
municipal sanitary sewer collection systems, reduce the frequency and occurrence of sewer
overflows, and provide more effective public notification when overflows do occur. This
proposal will provide communities with a framework for reducing health and environmental risks
associated with overflowing sewers. The result will be fewer overflows, better information for
local communities, and extended lifetime for the Nation's infrastructure. This rule primarily
addresses sanitary sewer overflows, not combined sewer overflows.
Capacity Assurance, Management, Operation, and Maintenance Programs. These pro,ams will
help communities ensure they have adequate wastewater collection and treatment capacity and
incorporate many standard operation and maintenance activities for good system performance.
When implemented, these programs will provide for efficient operation of sanitary sewer
collection systems.
Notifi.'ing the Public and Health Authorities. Municipalities and other local interests will
establish a locally-tailored program that notifies the public of overflows according to the risk
associated with specific overflow events. EPA is also proposing that annual summaries of sewer
overflows be made available to the public. The proposal also clarifies existing record-keeping
requirements and requirements to report to the state.
Prohibition of Overflows. The existing Clean Water Act prohibition of sanitary sewer overflows
that discharge to surface waters is clarified to provide communities with limited protection from
enforcement in cases where overflows are caused by factors beyond their reasonable control or
severe natural conditions, provided there are no feasible alternatives.
Expanding Permit Coverage to Satellite Systems. Satellite municipal collection systems are those
collection systems where the owner or operator is different than the owner or operator of the
treatment facility. Some 4,800 satellite collection systems will be required to obtain NPDES
permit coverage to include the requirements under this proposal.
Cost
EPA estimates that this role would impose an additional total cost for municipalities of S93.5
million to $126.5 million each year, including costs associated with both planning and
permitting. A collection system serving 7,500 may need to spend an average of $6,000 each year
to comply with this role.
Additional Information
For additional information about EPA's proposed sanitary sewer overflow regulation, contact
Kevin Weiss at weiss.kevin~epa.gov or visit http://www.epa.gov/owrrfsso.htm on the Intemet.
http: 5'yosemite.epa.gov'opaTadmpres b0eSe0852569cb005 ti)551 ?OpenDocumc
revl us N
ext
EPA
United States
Environmental Protection Agency
Headquarters Press Release
Washington, DC
Date
Published:
Title:
01/05/2001
EPA TAKES ACTION TO PROTECT THE NATION'S BEACHES
FROM HEALTH THREATS POSED BY RAW SEWAGE OVERFLOWS
FOR RELEASE: FRIDAY, JANUARY 5, 2001
EPA TAKES ACTION TO PROTECT THE NATION'S BEACHES FROM HEALTH
THREATS POSED BY RAW SEWAGE OVERFLOWS
The U.S. Environmental Protection Agency today took action to protect public health and
the nation's beaches and waterways from disease-causing organisms and contamination
that occurs from 40,000 raw sewage overflows each year. EPA specifically is taking action
to reduce the sewer overflows that can lead to beach closures by proposing significant
improvements in the operation and maintenance of the nation's sewer systems.
EPA Assistant Administrator J. Charles Fox, said, "Each year, too many beaches in
America must be closed due to contamination by raw sewage that threatens public health.
Overflowing sewers are the major contributors to this problem. Today's action is a step
toxvard ensuring that sewer systems across America will be improved to help keep our
beaches safe for swimming."
Today's proposal comes in response to President Clinton's May 1999 executive
action to improve water quality and public health by developing stronger measures
to prevent sewage spills, the major cause of beach closures.
In 1999, nearly 1500 of the nation's beach closures and health advisories were due
to sewage overflows, threatening public health, family vacations, recreational use
of waterways and billions of tourist doIlars.
As part of EPA's commitment to the public's right-to-know, today's proposed rule
would require that the general public, health and other community officials be
notified immediately of a health-threatening raw sewage overflow.
Overflowing untreated sewage can contaminate rivers, lakes, and coastal waters
I of 2 5/22/01 2:35
http://yosemite.epa, gov/opa/admpres...b0eSe0852569cb005 f055 I?OpenDocumc:
and threaten drinking water supplies, as well as back up into homes, resulting in
expensive properly damage to homeowners and communities.
A san. itary sewer overflow,, is a release of sewage from a collection system,
including pipes, before it reaches a municipal wastewater treatment plant. Sewer
overflows are a chronic and growing problem. Many of the nation's urban sewage
collection systems are aging; some sewers are 100 years old. Many systems have
not received the essential maintenance and repair necessary to keep them
working properly.
The proposed rule would require improved management of capacity and
maintenance programs to reduce sewer overflows by strengthening current Clean
Water Act permit conditions for over 19,000 sewage treatment plants around the
country. The proposal would require 4,800 "satellite" sewage collection systems to
get permits for the first time. Cities would be required to develop and implement
plans to improve plant performance, encourage new investments in infrastructure,
as well as perform a number of technical upgrades. EPA would clarify that
communities have limited protection from enforcement in very rare circumstances.
EPA estimates that this rule would impose an additional total cost for all municipalities of
$93.5 million to $126.5 million each year, including costs associated with both planning
and permitting. A collection system serving 7,500 people may need to spend an average of
$6,000 each year to comply with this rule.
EPA will take public comment for 120 days on the proposal. Additional information
including fact sheets and the Federal Register notice will be available at:
http://www.epa.gov/water under "What's New."
EPA ~ Email A
k~: ~J~ Comment
2 0£2 5/22/01 2:35
CITY COUNCIL LETTER
Meeting of: 8/13/01
AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER
"~ - ~ -~ PUBLIC WORKS
OF THREE SINGLE FAMILY UNITS AND GARAGES - DATE: 8/8/01~ DATE:
CITY PROJECTS 0005, 0017 AND 0018
Background:
On May 29, 2001, thc City Council authorized staff to seek bids for the removal of two residential structures with garages for
flood mitigation purposes. Plans and specifications were prepared and advertised for bids in the Focus on July 26, 2001 and
Construction Bulletin on July 27, 2001. Fifteen contractors were sent copies of the bidding documents. Five bids were received
and publicly read aloud. A copy of the bid opening miuntcs is attached.
Analysis and Conclusions:
Plans and specs were prepared for the complete demolition or moving thc homes and demolishing the foundations. No bids were
received for the moving of the homes or garages.
The low bid was submitted by Jay Bros., Inc. of Forest Lake, Minnesota, in the amount of $24,900.00. An Engineer's Estimate
for this type of work was not prepared but review of the Sheffield demolitions and discussions with the Building Official provided
an estimated range of $7,500 to $12,000 per structure.
The homes at 1307 42~d Avenue and 4542 Washington Street are part of the on-going flood mitigation work to create overflow
areas for surface water nmoff. The demolitions of these two structures include the home and detached garage. The property at
4358 3~ Street was requested to be added by the Community Development Department for the removal of a substandard house for
redevelopment. The garage and concrete driveway at 4358 3~d Street will remain in place.
The two properties at 1307 42nd Avenue (0017) and 4542 Washington Street (0018) qualify for 50% grant reimbursement under
the existing grant with the DNR. The cost of the removal at 4358 3rd Street (0005) will be assessed back to the properly.
Recommended Motion: Move to waive the reading of Resolution No. 2001-49 there being ample copies available to the public.
Recommended Motion: Move to award Resolution No. 2001-49 for the removal/demolition of three (3) single family units, City
Project No's 0005, 0017 and 0018 to Jay Bros., Inc. of Forest Lake, Mhmesota, based upon their low, qualified, responsible bid in
the amount of $24,900.00 with funds to be appropriated from the City Stormwater Fund and PIR fund 1031 and, furthermore, to
authorize the Mayor and City Manager to enter into an agreement for the same.
KH:jb
Attachment:
Bid Opening Minutes
Resolution
COUNCIL ACTION:
CITY OF COLUMBIA HEIGHTS
Minutes of Bid Opening on Wednesday, August 8, 2001, at 2:00 P.M.
Removal/Demolition of Three (3) Single Family Units and Garages
Pursuant to an advertisement for bids for Removal/Demolition of Three Single Family Units and
Garages, an administrative meeting was held on August 8, 2001, at 2:00 p.m. for the purpose of
bid opening. Bids were opened and read aloud.
Attending the meeting were:
Schawn Johnson, Administrative Assistant
Joanne Baker, Public Works Secretary
Bids were opened and read aloud as follows:
Base Bid A Base Bid B
Bidder Demolition Removal
Jay Bros, Inc. $24,900.00 No Bid
Veit & Company $26,165.00 No Bid
Kevitt Excavating $28,958.00 No Bid
Belair $29,604.00 No Bid
Semple Excavating $31,790.00 No Bid
Respectfully submitted,
Joanne Baker
Public Works Secretary
jb
RESOLUTION NO. 2001-49
BEING A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR
DEMOLITION/REMOVAL OF THREE SINGLE FAMILY UNITS AND GARAGES
CITY PROJECTS 0005, 0017 AND 0018
TO JAY BROS., INC. OF FOREST LAKE, MINNESOTA
WHEREAS, pursuant to an advertisement for bids for City Projects 0005, 0017 and 0018 for
City Project No's 0005, 0017 and 0018, Demolition/Removal of Three (3) Single Family
Units and Garages, bids were received, opened and tabulated according to law. The following
bids were received complying with the advertisement:
Bidder
Jay Bros, Inc.
Veit & Company
Kevitt Excavating
Belair
Semple Excavating
Base Bid A
$24,900.00
$26,165.00
$28,958.00
$29,6O5.00
$31,790.00
WHEREAS, it appears that Jay Bros., Inc. 9218 Lake Dr. N.E., Forest Lake, Minnesota, 55025,
is the lowest responsible bidder.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA, THAT:
The Mayor and City Manager are hereby authorized and directed to enter into a contract
with Jay Bros., Inc. in the name of the City of Columbia Heights for the Removal and
Demolition of Three (3) Single Family Units and Garages, City Projects 0005, 0017
and 0018, according to plans and specifications therefore approved by the Council.
The City Engineer is hereby authorized and directed to return, forthwith, to all bidders,
the deposits made with their bids except the deposit of the successful bidder and the next
lowest bidder shall be retained until the contract has been signed.
City Projects 0017 and 0018 shall be funded with the City's Stormwater Fund (eligible
for 50% grant reimbursement from the DNR) and City Project 0005 shall be funded by
PIR Fund 1031.
Dated this 13th day of August, 2001
Offered by:
Seconded by:
Roll Call:
CITY OF COLUMBIA HEIGHTS
By:
Mayor, Gary Peterson
Patricia Muscovitz, Deputy City Clerk
THE MINUTES OF THE
TELECOMMUNICATIONS COMMISSION
FROM
THURSDAY, JULY 19, 2001
The meeting was called to order at 7:00 p.m. by Dennis Stroik, Chairperson.
ROLL CALL: Commission Members: Dennis Stroik, Reuben Ruen, Dan Swee, and David Mahoney
Council Representative:
City Representative:
AT & T Broadband Rep:
Bruce Nawrocki
Jean Kuehn and Linda Magee
Kathi Donnelly-Cohen
Legal Counsel: Stephen Guzzetta
Also in attendance were Linda Ernst and Jeremy Sellman from School District #13.
APPROVAL OF MINUTES
Motion by Reuben Ruen, seconded by Dave Mahoney, to approve the minutes from the meeting of June 21, 2001.
All ayes.
OLD BUSINESS
A. Channel Check
There was still inconsistency in the volume levels from channel to channel. Channels 31, 55, and 72 were
low, while channels 34 & 38 were quite a bit louder. Kathi explained that the volume levels are controlled
by an automated system that keeps the volume within a specified range. There may be some variation and
sometimes it takes a few minutes for it to adjust itselfi Kathi suggested the commission members tour the
headend and view the equipment and how it operates.
Correspondence Log and Complaint Follow Up.
#150-Solem-Complained about new price he is paying for digital package that he changed to after a
telemarketer called him. Kathi sent him a letter explaining the packages and prices for digital service, so
he could decide which one he wants. He disagreed with the letter and left Kathi several messages. She
researched his account and found that he has changed his programming package three times in the last 2
months, and therefore his billing is very difficult to understand. He had an $72 balance on his account,
which she credited in full. She sent him another letter and explained this, and again asked him to decide on
the programming package he really wants. A copy of that letter was enclosed in the agenda packet. She
has not heard from him directly as of this date, but he may have contacted someone in customer service to
choose a package.
Ardys Alman-Questioned whether the line for cable installed in December 2000 would be buried now.
Kathi responded that she had been in touch with Ms. Alman to explain that the cable has been permanently
run as an aerial line, as it is not in an underground area.
C
Franchise Fee Analysis Update
Steve Guzzetta reported the Ramsey-Washington Commission discussed this issue at their July meeting.
The issue was again deferred to next month to give AT & T and Commission Officials time to discuss the
report. They will try to reach an agreement on the figures, even if they do not agree on the interpretation.
Certain issues are being researched by AT & T staff. At the August meeting, the matter may be turned
over to the City of Maplewood to decide on a course of action. It will not be resolved anytime soon, and
could very well end up in litigation.
TELECOMMUNICATIONS MEETING
MINUTES OF JULY 19, 2001
PAGE 2
D. 2000 Annual Report-Remaining Outstanding Items
*The Guidelines for Community Television Channel 15 Equipment/Facilities were re-
submitted.
*The attachments for Form 395 were provided.
*The financial statements with verification by an accountant required an audit to be
performed. This is being done and as soon as the new financial information is ready, it will
be forwarded to the City.
The acceptance of the Annual Report is tabled until all the items have been submitted.
E. Access Studio Staffing
Kathi reported they now have a new employee working at the Access Studio replacing
Eddie Harris. Ron Johnson has had experience in another access studio and is eager to
work with Mary Guy at the Columbia Heights Studio.
F. Review of Forms 1240 and 1205 for Rate Increase Effective July 1, 2001
Columbia Heights is in a coalition of cities to review the 1240 and 1205 forms for the rate
increase that will take effect July 1, 2001. All forms and orders issued during the last 4-5
years will be reviewed during this process to ensure that they have been correctly
submitted. The forms and orders for Columbia Heights have been compiled and forwarded
to the proper people for the review to proceed.
AT & T has not been cooperating on a request to provide information on local cost figures
versus national cost figures which have been used on the forms. They refuse to base the
figures on the cost report to reflect local costs only.
Other Old Business
There was no other old business.
NEW BUSINESS
Review of Request from ISD #13 for Funding of Hardware and Software for Video
Production Class
Linda Ernst and Jeremy Sellman from ISD #13 made a presentation regarding their request
for funding the purchase of hardware and software for a Video Production Class. They
explained that last year was the first year they had offered this type of class at Columbia
Heights. They had a good response to the class with approximately 20 students taking part.
This year three sessions will be offered with 84 students currently registered. The
equipment purchase being requested would allow for four additional workstations to be
established for digital video editing, compared to the current one they presently have. The
hard drives, memory upgrades, and sofavare in the proposal would be installed on existing
computers provided by the Columbia Heights Schools.
TELECOMMUNICATIONS COMMISSION
MINUTES OF JULY 19, 2001
PAGE 3
Jeremy reviewed the curriculum he covers in the production class and answered questions.
He explained that one digital editing suite was purchased with funds from the Technology
portion of the referendum monies, but there are no remaining funds for any additional
equipment. He stated that one workstation was not really adequate to handle a class of 20.
They had to work in groups and access the equipment before and after school to
accommodate everyone. Jeremy explained that Mr. Ogdie who taught the class last year,
went through a learning process with the students. They produced approximately 15-20
hours of programming, but that none of it went on the air over the educational access
chaimel. The Commission members all felt with the equipment the district has, they would
like to see the programs aired. The district has better equipment than the City or the
Columbia Heights Studio and we are producing programs for public access and
government access on a regular basis. Jeremy agreed, and is hoping to produce
programming that will be suitable for airing on the educational access channel. However,
he said the goal here is to educate students for future opportunities if they have an interest
in working in the production, technical, or broadcasting field, not necessarily to do produce
programming for the district.
There was a discussion concerning the equipment they wish to purchase such as
compatibility, prices, quality, installation and set up. Several of the commission members
felt the prices were high for the additional memory. They suggested that Linda contact
General Nano Systems and get a quote from them for the hard drive and memory
equipment. They agreed the link and set up should be done by experts, but that other bids
should be obtained. The general consensus was that all agreed putting money into
education is good and they support that effort, but they felt district personnel should be
getting more bids to ensure they get the most "bang for their buck."
Motion by Dennis Stroik, seconded by Reuben Ruen to recommend the City Council
approve funding of the School DistricFs request for equipment in an amount not to exceed
$4,500. Furthermore, that funding is provided with the understanding that programming
produced will be aired on the educational access channel and that receipts of the
purchases made be provided to the City. All ayes.
Commission's Role for Advising City Council
Commission members were sent copies of the Ordinance that addresses the duties or role
of the Telecommunications Commission. Some of the members felt the duties needed to
be better defined. They had particular concerns due to the recent purchase of a wireless
data system that is to be used by Parkview Villa and the Liquor Stores to incorporate them
into our network. This item was authorized to be purchased without any input from the
Telecommunications Commission. They questioned licensing, interference if the same
frequency would be used, and also privacy/security of the data that may be transmitted.
They would like to ensure that the Administrative Staff and City Council members are
better informed before making these types of decisions.
There was a discussion regarding their role and how to share their expertise. It was
decided that no change was needed to the ordinance detailing the duties of the commission,
but that we needed to educate staff and council that they are a resource that should be used.
Bruce Nawrocki agreed to share their concerns with fellow council members and Linda
Magee will enlighteh staff at their next staff meeting.
TELECOMMUNICATIONS COMMISSION
MINUTES OF JULY 19, 2001
PAGE 4
Other New Business
There was no other new business.
REPORTS
Report of Commissioners
Educational-Nothing to report
Government- Nothing to report
Library-Nothing to report
Public-Nothing to report
Report of AT & T Broadband-
Notice of semi-annual proof of performance testing was received. This will take place in
August and may cause very short (less than 30 second) interruptions in service on a few
individual channels.
Report of the Cable Attorney
Steve Guzzetta had nothing further to report.
Report of the Assistant to the City Manager
There was nothing further to report.
Motion by Dave Mahoney, seconded by Dan Swee, to adjourn the meeting at 9:OO pm. All ayes.
Respectfully submitted,
Shelley Hanson
Secretary
PLANNING AND ZONING COMMISSION
MINUTES OF THE REGULAR MEETING
AUGUST 7, 2001
7:30 PM
The meeting was called to order at 7:30 pm by Chairperson Ramsdell.
Roll Call:
Commission Members present-Ramsdell, Ericson, Schmitt, and Yehle.
Commission Member Johnson arrived at 7:35 pm
Also present were Tim Johnson (City Planner), Marlaine Szurek (Council Liaison-
arrived at 8:i5 pm), and Shelley Hanson (Secretary). In the audience were various
residents, Heritage Investment Development Representatives, and Pastor Russ
Cowenhoven.
Motion by Yehle, seconded by Ericson, to approve the minutes from the meeting of July 10, 2001, as
presented in writing. All Ayes. MOTION PASSED.
PUBLIC HEARINGS
Conditional Use Permit
Case #2001-0813
ChristLife Evangelical Church
4555 University Avenue NE
Planner Johnson explained this is a request for a Conditional Use Permit to use the former Heights
Medical Clinic as a place of worship at 4555 University Avenue NE. The applicant has purchased
the building and plans to convert the inside space into a congregational worship center if approved.
There previously was one Planning and Zoning case on this site. A conditional use permit was
granted to allow for an animal hospital and clinic in 1999, but the business never became
operational. The existing building was constructed in 1965 and has approximately 3,375 sq ft.
The surrounding property on the south and east is zoned and used residentially. The property to the
north is zoned LB Limited Business, but is used residentially. The property to the west across
University Ave is in the City of Fridley and is also used residentially.
This property is zoned LB and Section 9.1004 (3) (a) of the Zoning Ordinance allows religious
facilities as a conditional use permit in the LB district. The proposal should not negatively impact
any nearby residential areas and will provide an appropriate reuse of an existing building. The
proposal is consistent with the intent of the City Comprehensive Plan. The only negative aspect of
this proposal is that the church will not provide any commercial tax revenue.
The property meets lot size and setback requirements. There are no plans to alter the appearance of
the exterior of the building with any additions. The parking requirements will be met when the
parking lot is striped as a condition of approval. The congregation will be reusing the existing sign
which meets requirements. And the wood privacy fence currently in place provides the necessary
screening along the east property line between them and the residential properties. The Church will
need to extend their screening on the south side which is addressed as a condition of the approval.
There was some discussion regarding whether the members felt the fencing should be extended or if
PLANNiNG & ZONING COMMISSION
MINUTES OF THE MEETiNG OF
AUGUST 7, 2001
PAGE 2
shrubbery/trees could be used. Joyce Meyer from 4548 4th Street who lives behind the subject
property expressed her concern that any screening being considered should not totally obstruct the
view for the adjoining property owners. Pastor Cowenhoven stated that he would check with the
property owners to the south and see if they had a preference of a fence versus greenery. In the
discussion that followed, it was decided to make an amendment to condition #4 of the
recommended motion that any screening/buffer on the south side be continued either as fence or
greenery not to exceed the height of the wood fence currently in place.
Yehle questioned whether 30 parking spaces would be adequate for a congregation of 90. Planner
Johnson responded that the 30 spaces proposed meets the minimum standards set for this type of
use. If there is a need for additional parking, church members would need to park on the street. It is
legal to park on the street (along 47thand on 4th St), SO that is not something we can control. He
also stated that this would only happen on Sunday mornings and maybe one evening a week, so it
would be considered to have minimal impact on the neighbors.
Ramsdell questioned if they had planned for snow removal so as not to eliminate any of the parking
spaces. Pastor Cowenhoven stated he felt there was enough green space to pile the snow to
accommodate most snow accumulations.
Staff recommends approval of the Conditional Use Permit to allow ChristLife Evangelical Church
to operate at 4555 University Avenue NE, subject to the conditions listed in the recommended
motion.
Motion by Yehle, seconded by Johnson, to recommend the City Council approve the Conditional
Use Permit to allow for ChristLife Evangelical Church to operate at 4555 University Ave NE,
subject to the following conditions:
2.
3.
4.
All required state and local codes, permits, and inspections including, but not limited to
building permits, fire code, will be met and in full compliance.
The parking lot shall be signed and striped in a manner that is consistent with the
Zoning Ordinance.
All proposed signage must be submitted on the City prescribed application form and
must fully comply with the Zoning Ordinance.
Acceptable screening shall be continued along the south property line as either fencing
or greenery not to exceed the height of the wood fencing currently in place.
All ayes. MOTION CARRIES.
PLANNING & ZONING COMMISSION
MINUTES OF THE MEETING OF
AUGUST 7, 2001
PAGE 3
NEW BUSINESS
A. Site Plan Review
Case #2001-0814
Heritage Property Investment
Rainbow Foods
4300 Central Avenue NE
The applicants are requesting concurrent but separate site plan approvals from the Planning &
Zoning Commission to construct a four-pump fuel center and a 9,000 square foot multi-tenant retail
building in the east parking area of the Central Valu Shopping Center at 4300 Central Avenue NE.
The only recent Planning application on this site has been from Linder's seasonal greenhouse.
The surrounding property to the north and south is zoned LB, and is used commercially. The
property to the west is zoned GB, and is used commercially. The area to the east is zoned GB,
General Business, and is used commercially.
Rainbows Foods has submitted a narrative describing the proposed four pump Fuel Service Center
to be located on the southeast comer of the Central Valu Center parking area. This proposal will
include installation and construction of a 30,000 gallon underground fuel storage tank, concrete
drive pads, fuel pump islands and dispensers, small (8 x 8) attendant kiosk, and patron canopy. The
fuel center is expected to mainly service Rainbow mall customers, and hopefully attract new
customers with the additional retail space proposed.
The applicants submitted a narrative that describes how they meet the standards outlined in Section
7 for permitted use in the General Business District. The proposed fueling center will provide a
covered canopy measuring 24 feet by 112 feet to cover the four pump islands and kiosk area. The
required parking for the Automobile Convenience Facility will exceed what is required.
Planner Johnson addressed two issues of the standards narrative that he thought should be brought
to the commission's attention. The first being their transportation management plan for the center
detailing parking, bus loading and unloading, traffic control, and the impact of the facility on the
surrounding roadways. Both the City Engineer and MnDOT's engineer have reviewed the site plans
submitted and have determined no significant traffic impacts for the proposed project site. Ingress
and egress points will be analyzed by Engineering to determine if any changes should be made.
The second issue deals with the environmental management plan, including storm water
management and drainage plan. The project is not expected to generate additional storm water
runoff as the site will actually have less hardcover with the addition of proposed landscaping
throughout the site. The proposed fuel system will be subject to State of Minnesota requirements
governing fuel centers. The underground fuel tanks will be fully contained and will provide
monitoring equipment in case of emergency spills. The City Engineer and Fire Department have
PLANNING & ZONING COMMISSION
MINUTES OF THE MEETING OF
AUGUST 7, 2001
PAGE 4
also asked the developer to provide additional floatable containment devices to capture and separate
petroleum products from the storm water drainage for Jackson Pond. They have agreed to do this.
There is a reciprocal cross-easement parking agreement that is necessary in order for the proposal to
work. This agreement allows for ingress and egress across respective parts of the property and
establishes maintenance and repair obligations for the owners of the shopping area. The city
council will need to review this agreements and act on it at their next meeting in August.
The landscaping plans and signage for the proposed auto fuel center is well within the requirements
of the ordinance.
Heritage Investment has proposed the 9,000 sq ft retail building, which will be built to house from
one to six establishments ranging in size from 1,200 sfto 9,000 sf. Each space will contain a glass
storefront and entrance door, and will be complemented by a parapet wall element design to conceal
any and all rooftop mechanical units from view. Lot size and setbacks exceed requirements. The
design features proposed are in harmony with the criteria established in Building Design Standards.
Because the retail fi:ont will face west, the east or rear elevation will only be partially visible from
Central Avenue. Passing vehicles on Central will mainly see the top of the parapet wall, signage,
and the canopy. The rear of the building facing Central has been redesigned to be consistent with
the front facade with matching canopy and brick veneer. Commissioner Ramsdell stated the Project
Managers have been very cooperative with making necessary design changes to accommodate the
elevation challenges for developing this property. As part of the overall design of the parking area,
the existing sloped retaining wall on the east side of the parking lot will be repaired and painted to
maintain visual consistency. 2/3 of the wall will be replaced, however, they have not decided on
what type of design or painting will be done on it. The railing will also be repaired and painted so
everything will coordinate. Mark Kampmeyer, representing Heritage Investment, also informed the
commission members that the entire facade of the current shopping center will be refurbished. He
also said that snow will be removed from the site as there will no longer be space to store it on-site.
The plan requires a minimum of 30 parking spaces. There are more than 30 spaces adjacent to the
building, and the entire site will utilize a cross easement parking agreement. This will allow for
vehicles to park in any spaces on the site, aside from no-parking areas, and handicap spaces. The
landscaping meets requirements and could be enhanced further due to additional space in the lot.
The signage planned will be consistent with current signage and meets the requirements of the
ordinance.
PLANNING & ZONING COMMISSION
MINUTES OF THE MEETING OF
AUGUST 7, 2001
PAGE 5 ~
The City Comprehensive Plan designates this area for future commercial use. Both the fueling
center and the retail building proposed are consistent with the newly adopted City Comprehensive
Plan.
The positive aspects are: the site plans are consistent with the City Comprehensive Plan and meet
the zoning ordinance. The City will benefit from additional commercial tax base and the city will
benefit from new design commercial buildings, which will further enhance the development and
appearance of Central Ave. There aren't any negative aspects assuming all the conditions are met.
Staffrecommends approval of the site plans for the Rainbow Foods Fuel Service Center and the
9,000 sq ft multi tenant retaiI building at 4300 Central. The proposals are consistent with the zoning
ordinance and the city comprehensive plan, subject to the conditions listed in the recommended
motion.
Yehle questioned the lighting under the canopy of the fuel service center. He had concems that
because of the elevation of the structure in relation to Central Avenue that the lighting may blind the
drivers along Central. Steve Schwanke, a consultant for the project, explained that the structure
itself is 18 feet in height with a 3 foot fascia. The lighting would be recessed under the canopy so
as not to reflect into the traffic along Central Avenue.
There was some discussion regarding the fencing and screening along the west property line that
encloses and screens the dumpsters. The members felt this is very unsightly, and needs to be
replaced or repaired and maintained better. It was noted the City owns the fence, but it is the
property owner's responsibility to maintain the area and provide screening. The commission
members want the city and the developers to work together to improve the screening along the west
side of this property as part of the development improvements taking place.
When asked about the timeframe of this project, Mr. Kampmeyer stated that the fueling center will
begin this fall along with the railing, wall repair, and screening issues. The retail structure will not
begin construction until next spring. They already have letters of intent for 50% of the retail space.
The commission members felt this has been wasted space for quite some time and are happy to see
improvements being made along the Avenue.
PLANNING & ZONiNG COMMISSION
MINUTES OF THE MEETiNG OF
AUGUST 7,200I
PAGE 6
Motion by Ericson, seconded by Yehle, to approve the site plan for the Rainbow Foods Fuel Service
Center at 4300 Central Avenue NE, as the proposal is consistent with the Zoning Ordinance and
the City Comprehensive Plan, subject to the following conditions:
All required state and local codes, permits, licenses and inspections will be met and in
full compliance.
At the request of the City Engineer and the Fire Sept., a separation unit shall be
provided to separate petroleum products from the storm water drainage for Jackson
Pond in case of a spill.
The reciprocal cross easement parking agreement for the site shall be reviewed and
approved by the City Council
City Engineer review of parking analysis and access points for the site.
All proposed signage must be submitted on the City prescribed application form
Lighting shall not exceed the maximum allowed by ordinance and shall not be obtrusive
to adjacent properties.
Landscape buffer shall be maintained and/or enhanced to provide an appropriate
separation from adjacent properties.
All ayes. MOTION PASSED.
Motion by Ericson, seconded by Yehle, to approve the site plan to allow for the 9,000 sf multi-
tenant retail building at 4300 Central Avenue, as the proposal is consistent with the Zoning
Ordinance and the City Comprehensive Plan, subject to the following conditions:
All ayes. MOTION PASSED.
All required state and local codes, permits, licenses and inspections will be met and in
full compliance.
Concrete retaining wall on east property lines shall be repaired and painted to maintain
structural integrity and consistent visual appearance..
The reciprocal cross easement parking agreement for the site shall be reviewed and
approved by the City Council
City Engineer review of parking analysis and access points for the site.
All proposed signage must be submitted on the City prescribed application form
Lighting shall not exceed the maximum allowed by ordinance and shall not be obtrusive
to adjacent properties.
Landscape buffer shall be maintained and/or enhanced to provide an appropriate
separation from adjacent properties.
Shall provide enclosure of existing dumpster area behind Rainbow Foods.
That the developer and City work together to repair and maintain screening fence on the
west line.
PLANNING & ZONING COMMISSION
M/NUTES OF THE MEETIN GOF
AUGUST 7, 2001
PAGE 7
STAFF REPORTS
Johnson presented a memo addressing existing businesses in the residential district at 37th
and Johnson Street NE. The owner of the Hair Salon on the comer of 37th and Johnson has
been trying to sell her business. It came to her attention that her property is zoned
residential and not commercial. She is grandfathered in to continue using the building for
the type of business she is currently doing, but cannot intensify or change the type of
business without commercial zoning. This limits her options drastically, and she is seeking
to have her property and the commercial business across the street from her re-zoned.
The commission members instructed Planner Johnson to prepare a list of possible uses in the
various districts that it could be re-zoned to, that would allow a suitable business to operate
in a residential area. He also is to contact the Met Council and inquire what procedures
must be followed to get the two properties re-zoned as we need their approval for an
amendment to our Comprehensive Plan. He is to report back at the September meeting.
Johnson presented the proposed Zoning Text Amendment regarding Accessory Structures
based on the comparisons obtained fi.om other cities for allowances for accessory structures.
He explained the two options and how they differ.
The current language now reads: An accessory structure, or any combination of
accessory structures, storage sheds and attached garages, shall not exceed one thousand
(1,000) square feet in area.
Proposed: Option #1
For single and two family residential dwellings, no detached garage or accessory
structure shall exceed 1,000 square feet or the footprint of the principal structure
(excluding attached garage area), whichever is less. In addition, no attached garage shall
exceed 1,000 square feet. When an attached garage is present, no detached garage or
detached structure shall exceed 600 square feet.
Option #2
For single and two family residential dwellings, no detached garage or accessory
structure shall exceed 1,000 square feet. In addition, no attached garage shall exceed
1,000 square feet. When an attached garage is present, no detached garage or detached
stntcture shall exceed 600 square feet.
PLANNING & ZONING COMMISSION
MINUTES OF THE MEETiNG OF
AUGUST 7, 2001
PAGE 8
Option #1 is a little more restrictive. If the decision is to change the current zoning text, the new
language would need to be published and a public heating would need to be held in September
before it could go to council. After much discussion, the commission felt the existing language in
the ordinance covers 90% of the properties in Columbia Heights. They didn't feel complicating the
language would benefit the majority of our residents, and that amendments shouldn't be made to
accommodate 1 or 2 people. The existing language is typical with other communities that were
surveyed.
Motion by Johnson, seconded by Yehle to recommend the City Council leave the language
regarding accessory structures as is in the newly adopted Zoning Ordinance.
Roll Call Vote: Yehle-yes, Ericson-no, Ramsdell-yes, Schmitt-yes, Johnson -yes. MOTION
PASSED.
Motion by Ericson, seconded by Yehle, to adjourn the meeting at 9:50pm. All ayes.
MOTION PASSED.
Respectfully submitted,
Shelley Hanson
Recording Secretary
RESOLUTION 2001-48
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 AVERY FENNE (HEREINAFTER "LICENSE HOLDER").
WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY
LOCATED AT 4645 WASHINGTON STREET, 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 JULY 6, 2001 OF A PUBLIC HEAR1NG TO BE HELD ON
AUGUST 13, 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:
F1NDINGS OF FACT
1. That on June 21, 2001, the Fire Department inspection office received a complaint
that the water service was shut off to the property. Compliance orders listing the violations
were mailed by regular mail to the owner at the address listed on the Rental Housing License
Application.
2. That on July 6, 2001, the Fire Department inspection office checked with the Water
Billing department and verified that the water service had not been restored. Compliance
orders listing the violations was mailed by regular mail to the owner at the address listed on
the Rental Housing License Application.
3. That on July 11, 2001, Dana Alexon, Housing Enforcement officer for the City of
Columbia Heights, posted the property with "Dangerous Building" posters advising the
occupants to vacate the premises.
4. That on July 26, 2001, the Fire Department inspection office checked with the Water
Billing department and verified that the water service had not been restored. 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 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:
A. FAILURE TO CORRECT VIOLATION OF THE RESIDENTIAL
MAINTENANCE CODE
B. FAILURE TO SUBMIT REINSPECTION FEES OF $100.00
6. That all parties, including the License Holder and any occupants or tenants, have been
given the appropriate notice of this hearing according to the provisions of the City Code
Section 5A.306(1) and 5A.303(1)(d).
CONCLUSIONS OF COUNCIL
I. That the building located at 4645 Washington Street is in violation of the provisions
of the Columbia Heights City Code as set forth in the Compliance Order attached hereto,
2. That all relevant parties and parties in interest have been duly served notice of this
hearing, and any other hearings relevant to the revocation or suspension of the license held
by License Holder.
3. That all applicable rights and periods of appeal as relating to the license holder,
owner, occupant, or tenant, as the case may be, have expired, or such rights have been
exercised and completed.
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by
license number F4670 is hereby revoked/suspended (cross out one);
2. The City will post for the purpose of preventing occupancy a copy of this order on the
buildings covered by the license held by License Holder;
3. All tenants shall remove themselves from the premises within 60 days from the first
day of posting of this Order revoking the license as held by License Holder.
Passed this __ day of August, 2001
Motion by:
Second by:
Roll call vote:
ATTEST:
Mayor Gary L. Peterson
Patricia Muscovitz, Deputy City Clerk