The URL can be used to link to this page

Home My WebLink AboutJuly 11, 2005 Regular ADMINISTRA TlON Mallor Gmy L. Peterson Councilmembers Robert A. Williams Bruce Nawrocki Tammera Ericson Diehm Bruce Kelzenberg City Mallal!er Walter R. Fellst 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.colul1lbia-heights.l1ln.us The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, July 11, 2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. 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 alTangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION (Theresa Taylor, Oak Hill Baptist Church) 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.) 4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations B) Presentations - Mural Presentation by Teens and Togetherness (TNT) C) Introduction of New Employees - none D) Recognition - none 5. 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) Approve City Council Meeting Minutes for June 27, 2005, regular Cit'v Council meeting MOTION: Move to approve the minutes of the June 27, 2005, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes MOTION: Move to approve the minutes of the following boards/commissions: April 26, 2005, Economic Development Authority Meeting May 25,2005, Park and Recreation Commission Meeting June 6, 2005, Traffic Commission Meeting July 6, 2005, Planning and Zoning Commission Meeting 3) Approve One-Time Charitable Gambling Pennit MOTION: Move to direct the City Manager to fOlward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a one-time bingo event to be conducted by the Minnesota 90 Lightning Hockey Club at the Church of the Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights, on August 13 and 14,2005; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice THE b~S%~ !<6te-~~0~E9lm11SH~sbr904YDISCRIMINA TE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER City Council Agenda July 11, 2005 Page 2 of.9, 4) Recognize 2004 Independent Auditors Report from HLB Tautges Redpath, Ltd, Including the Comprehensive Annual Financial Report MOTION: Move to recognize that the 2004 independent auditors report from HLB Tautges Redpath, Ltd. including the Comprehensive Annual Financial Report for the City of Columbia Heights was distributed to council members and to schedule August 1,2005, at 7:00 p.m. as the date and time to meet with the auditor to receive a report on the highlights of the audit of the financial report, compliance findings, and the management letter. ALTERNATIVE MOTION: Move to recognize that the 2004 independent auditors report from HLB Tautges Redpath, Ltd. including the Comprehensive Annual Financial Report for the City of Columbia Heights was distributed to council members and to schedule August 1, 2005, at 7:00 p.m. as the date and time to meet with the auditor to receive a detail (page by page) review on the audit of the financial report, compliance findings, and the management letter. 5) Adopt Resolution No. 2005- 40, being a Resolution Authorizing Application for a Demonstration Grant Through the Livable Communities Demonstration Program MOTION: Move to waive the reading of Resolution No. 2005-40, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-40, a resolution authorizing application for a Demonstration Grant through the Livable Communities Demonstration Account Program. 6) Establish a Hearing Date of Monday, July 25,2005, for revocation or suspension of rental property license at 1132-34 45th Avenue N.E., 1026 40th Avenue N.E., and 1000 Peters Place MOTION: Move to establish a hearing date of July 25, 2005, for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Shirley Apollo at 1132-34 45th Avenue N.E. MOTION: Move to establish a hearing date of July 25,2005, for revocation or suspension ofa license to operate a rental property within the City of Columbia Heights against Shahdi Hosain at 1026 40th Avenue N.E. MOTION: Move to establish a hearing date of July 25, 2005, for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Sunshine Management at 1000 Peters Place N.E. 7) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for July 7,2005, as presented. 8) Approve Payment of Bills MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 113405 through 113577 in the amount of $1,700,231.99. 6. PUBLIC HEARINGS A) Second Reading of Ordinance No. 1489, Being an Ordinance Pertaining to Air Quality Standards MOTION: Move to waive the reading of Ordinance #1489, there being ample copies available to the public. MOTION: Move to adopt Ordinance #1489, being an ordinance amending Ordinance No. 853, City Code of 1977 pertaining to Air Quality Standards. City Council Agenda July I I, 2005 Page 3 of3 B) Second Reading of Ordinance No. 1490, Being An Ordinance Recodifying the Columbia Heights City Code MOTION: Move to waive the reading of Ordinance No. 1490, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1490, being an ordinance recodifying the Columbia Heights City Code. C) Second Reading of Ordinance No. 1491, Being an Ordinance Authorizing the Sale of Certain Land in the City MOTION: Move to waive the reading of Ordinance No. 1491, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1491, being an ordinance authorizing the sale of certain land in the City. D) Close Public Hearing Regarding Revocation/Suspension of Rental Housing License at 4640 Polk St. N.E. MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Maumer Sekizovic regarding rental property at 4640 Polk Street N.E. in that the violations have been corrected. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions - none B) Bid Considerations -none C) Other Business 1) Approve Additional Staff Person for Community Development Department MOTION: Move to authorize one additional staff person to be hired as soon as possible to assist with a number of redevelopment and housing projects. 2) Case #2005-0701, Approve Lot Split of 1348441'2 Avenue N.E. with Conditions MOTION: Move to approve the lot split of 1348441'2 Avenue N.E. into three lots, as the proposed lot split is consistent with the City of Columbia Heights Comprehensive Plan and meets the regulations of the Zoning Ordinance for the R-2 District, conditional on the following requirements: · That the applicant pay a park dedication fee in the amount of $5,542; and · That lot size and structure coverage of the existing duplex is provided. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report of the City Attorney 9. 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.) 10. COill~CIL CORNER 11. ADJOURNMENT Walter R. Fehst, City Manager WRF/cb OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JUNE 27, 2005 .. S:A.~ THESE MINUTES HAVE ~OT BEEN AeeROVED. The following are the minutes for the regular meeting ofthe City Council held at 7:00 p.m. on Monday, June 27, 2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson Diehm, and Councilmember Kelzenberg. Pastor Dave Briley, Oak Hill Baptist Church, gave the Invocation. PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Introduction of New Employees Kevin Hanson, Public Works Director, introduced Aaron Liebennan, Public Works Maintenance, and indicated his military background in utility work. Aaron Liebennan thanked the City Council for this job opportunity. Recognition 1) CERT Team #2 Graduation Police Chief Tom Johnson introduced the second graduating CERT team of eleven members. He complimented the instructors on the job they have done. He thanked all the CERT members for their assistance at the Jamboree Parade. Officer Rob Harvey presented plaques to the graduating members. Mayor Peterson and Chief Johnson congratulated each member. 2) Donation to CERT by First Lutheran Church Chief Johnson accepted a donation from the First Lutheran Men's Club of $1 00 and First Lutheran WELCA donation of $450. 3) Recognize Officers for action at incident - 40th & Central Chief Johnson refened to the excellent manner in which the February 3rd double homicide was handled. The outcome was a credit to our officers. Captain Bill Roddy read citations for Reserve Officers Blaine Muyres, Timothy Labatt, Robeli Danz, Jerry Wellman, Dmin Bistodeau, Craig Stadchowski, Robeli Schmidt, George Ramirez and Jennifer Beckett involved in the incident and Mayor Peterson presented each one with a Citizens Celiificate of Appreciation. Captain Roddy recognized the following Officers that paliicipated in the event: Corporal Paul Bonesteel, Recognition of Significant Perfonnance; Officer Matt Ashe, Exemplm)' Conduct COlmnendation; Officer Matt Marcum, Exemplary Conduct Commendation; Officer Fred Wiborg (not present) the Exemplary Conduct COlmnendation; Officer Rob Harvey, Exemplary Conduct COlmnendation; Officer Greg Sinn, the Award of Merit; and Sergeant Val Dietz (not present), the Award of Merit. Captain Roddy was given a COlmnendation for taking cOlmnand of the scene and was presented this award by his son, Firefighter Roddy. Captain Roddy thanked the Mayor, City Council and Chief of Police for their suppoli of Police training, which is a significant factor in handling this type of situation. City Council Minutes June 27,2005 2 of 18 Mayor Peterson stated that Capt. Roddy kept him infonned as the incident unfolded, and thanked all of the Officers, volunteers, and especially Captain Roddy for their quick and excellent response to this situation. CONSENT AGENDA 1) Approve City Council Meeting Minutes for June 13, 2005 regular City Council meeting Motion to approve the minutes ofthe June 13,2005 regular City Council meeting as corrected. Nawrocki corrected renter's credit to read renter's credit "fonn". 2) Accept Boards and COlmnissions Meeting Minutes Motion to accept the June 7, 2005 minutes of the Library Board of Trustees 3) Establish Work Session meeting date for Tuesday, July 5, 2005, beginning at 7:00 p.m. in Conference Room 1. Removed by Nawrocki 4) Establish Work Session meeting date for Monday, August 29,2005, beginning at 7:00 p.m. in the School District Community Room Removed by Nawrocki 5) Authorize purchase of sixty, 800 MHz portable radios from State Homeland Security Grant Motion to authorize the City Manager and the Police Chief to enter into a contract for the purchase of 60 Motorola XTS 2500 portable radios in the amount of$149,960 (tax exempt) from the State of Minnesota contract, with funding to come fl.-om Homeland Security Grant #20009757 and City fund 272-42130. 6) First Reading of Ordinance No. 1489, being an ordinance pertaining to air quality standards Removed by Nawrocki 7) First Reading of Ordinance No. 1490, being an ordinance recodifying the Columbia Heights City Code Removed by Nawrocki 8) First Reading of Ordinance No. 1491, being an Ordinance authOlizing the Sale of Steel Tech Removed by Nawrocki 9) Adopt Resolution No. 2005-37, being a Resolution authorizing and directing the Condemnation of Certain Property for Road Purposes Removed by Nawrocki 10) Adopt Resolution No. 2005-32, being a Resolution establishing limited sewer back-up clean-up and property damage Protection for municipal sewer customers Removed by Nawrocki 11) Adopt Resolutions 2005-34, 2005-35, 2005-36 to designate "No Parking" on 39th Avenue, Jefferson Street and 5th Street Removed by Nawrocki 12) Establish a Hearing Date of July 11, 2005 for revocation or suspension of rental property license at 4640 Polk Street Motion to establish a hearing date of July 11,2005 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Maumer Sekizovic at 4640 Polk Street NE. City Council Minutes June 27,2005 3 of 18 13) Approve the items listed for rental housing license applications for June 27,2005 Motion to approve the items listed for rental housing license applications for June 27, 2005. 14) Approve Business License Applications Motion to approve the items as listed on the business license agenda for June 27,2005 as presented. 15) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 113234 through 113404 in the amount of $2,422,852.44. Nawrocki stated that two employee registrations for the Public Works Association meeting will mean four days oflost stafftime. He questioned the $952 rental of barricades for the 3 7th Avenue service road and if the closing had been authorized. Kevin Hanson, Public Works Director, stated this was a cooperative effOli with MnDOT for turn lane work at 3ih Avenue and was authOlized by MnDOT, as it is in their right-of-way. The responsibility of maintenance falls to the City by past agreement. Motion by Ericson Diehm, second by Kelzenberg to approve the Consent Agenda with the exception of items #3,4,6, 7, 8,9, 10, and 11. Upon vote: All ayes. Motion carried. #3 Establish Work Session meeting date: Tuesday, July 5, 2005, at 7:00 p.m. in Conference Room 1. Nawrocki stated his is unavailable at this time. Fehst suggested 5:30 p.m. prior to the July 11 th City Council meeting. Nawrocki stated he is unavailable before 7:00 p.m. on Mondays. Nawrocki suggested Thursday of this week. Hansen stated he would be unavailable. Nawrocki suggested July 6th. Ericson Diehm stated that would be the Planning and Zoning COlmnission meeting, as they reschedule their meetings one day following a holiday to allow for City Council meetings. Nawrocki suggested July 13th. Kelzenberg stated he would be unavailable. Ericson Diehm asked if Councilmember Nawrocki could get the infonnation in written fonn and other Councilmembers could pass along his COlmnents that night. Nawrocki indicated he wanted to be present at the meeting. Nawrocki suggested 8:30 p.m. on July 5th for 1)!Z hours. Motion by Ericson Diehm, second by Williams, to establish a Work Session meeting date for Tuesday, July 5, 2005 from 8:30 to 10:00 p.m. in Conference Room 1 for the purpose of reviewing Public Service Building renovation plans. Upon vote: All ayes. Motion carried. #4 Establish Work Session meeting date for Monday, August 29,2005, beginning at 7:00 p.m. in the School District Community Room Peterson stated this is a quarterly meeting with the School Board. Nawrocki indicated that special meetings should have an agenda. Peterson stated the agenda would be ongoing discussion on the referendum and gymnasiums. Williams added cooperative ways to save money. Peterson asked if there was agreement to discuss mutual concerns. Nawrocki stated he was in support of meeting with the School Board. Peterson stated that an agenda would be provided to Councilmembers. Motion by Ericson Diehm, second by Williams, to establish a Work Session meeting date with the School Board for Monday, August 29,2005 beginning at 7:00 p.m. the School District COlmnunity Room. City Council Minutes June 27,2005 4 of 18 #6 First Reading of Ordinance No. 1489, being an ordinance pertaining to air quality standards Nawrocki stated that the Ordinance title is misleading and only allows a fee to be charged for fire pit pennits. F ehst listed the process to apply for a full year burning pennit, suggesting a $10 pennit fee. Fire Chief Gonnan stated that we would inspect the site if the applicant has questions or concerns. This is for recreational fires, permit bums, and festival bon fires. Previously, we were allowed to charge the actual fee, of about $500-800, to be present at bums for bon fires, but we have not. Gonnan stated there were 270 recreational fire pennits last year. Nawrocki stated that nothing has changed except that now there will be a fee. He did not agree and stated that we do not charge employees to administer a retirement health program for them. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1489, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to establish the second reading of Ordinance #1489 peliaining to Air Quality Standards for Monday, July 11, beginning at approximately 7:00 p.m. in the City Council Chambers. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. #7 First Reading of Ordinance No. 1490, being an ordinance recodifying the Columbia Heights City Code Nawrocki asked if there were any changes to the document and questioned there being no substantive changes. He referred to the City Manager's responsibilities with no indication that the Mayor is responsible for the Police Department and that the Council Secretary title, as required by City Charter, is referred to as Deputy City Clerk. He stated he would not support this until there is more information and requested a copy of the current City Code and City Charter for comparison. Peterson indicated that a professional company did this recodification. Ericson Diehm stated that Councilmembers were given a copy of this over a year ago for review and questions. Motion by Ericson Diehm, second by Williams, to waive the reading of Ordinance No. 1490, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson Diehm, second by Williams, to establish the second reading of Ordinance No. 1490 for Monday, July 11, 2005 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes- 1 nay. Motion carried. #8 First Reading of Ordinance No. 1491, being an Ordinance authorizing the Sale of Steel Tech Nawrocki asked if we have purchased this property. Fehst stated yes. The City will sell the propeliy to the EDA, who will sell it to the Developer. The Developer has already placed purchase funds in an account. Jim Hoeft, City Attorney, stated this is part ofthe development agreement. Fehst and Nawrocki discussed TIF versus Pay As You Go agreements. Fehst stated this project would generate $1 million in property taxes and would be paid back in 12 to 13 years. Nawrocki stated this would take funds from citizen services. Williams stated that we need to look at the greater good of the City, and this is an over $100 million project. V./e are trying to make our City a better place to live. Nawrocki stated that we would not be around long enough to see the benefit. Peterson indicated that we are looking to the long tenn good of our cOlmnunity. Ifthis redevelopment would have been approved in 1998 we would be seeing the benefits now. City Council Minutes June 27,2005 5 of 18 Motion by Ericson Diehm, second by Williams, to waive the reading of Ordinance No. 1491, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson Diehm, second by Williams, to set the second reading of Ordinance No. 1491, being an Ordinance authorizing the Sale of Certain Land in the City for Monday, July 11, 2005 beginning at approximately 7:00 p.m. in the City Council Chambers. Nawrocki stated this development would eliminate the potential for jobs in that area. Williams indicated this would create more jobs and activity through additional commercial business in the community. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye; 4 ayes - 1 nay. Motion carried. #9 Adopt Resolution No. 2005-37, being a Resolution authorizing and directing the Condemnation of Certain Property for Road Purposes Nawrocki stated he had no problem with this Resolution. Motion Kelzenberg, second by Williams, to waive the reading of Resolution No. 2005-37, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-37, being a resolution authorizing and directing the Condenmation of Certain Property for Road Purposes. Fehst stated that Mr. Nedegaard had contacted the owners of the Savers building for land purchase of a roadway, but has not received a response to his offer. He has requested the City condemn the property. We have received an appraisal of$87,000. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2005-37 RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN PROPERTY FOR ROAD PURPOSES WHEREAS, the City of Columbia Heights ("City") is a charter city duly organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council is the official governing body of the City; and WHEREAS, the real estate described in Exhibit A attached hereto and incorporated herein (collectively, "Subject Property") is located within the City; and WHEREAS, the City Council fmds that it is necessary, convenient, desirable, for a public purpose, in the best interests of the City and will promote the general health, welfare and safety of the community for the City to acquire easements encumbering the Subject Property as described in Exhibit A for street purposes; and WHEREAS, the City Council fmds that the funding and construction schedule for the construction of street improvements within and upon the Subject Property makes it necessary to acquire title to and possession of the proposed easements encumbering the Subject Property prior to the filing of the fmal report of the condemnation commissioners to be appointed by the district court. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota that: 1. It is necessary that a permanent easement for street purposes and a temporary construction easement encumbering the Subject Property be acquired by the City as described in Exhibit A attached hereto through the City Council Minutes June 27, 2005 6 of 18 exercise of the power of eminent domain if counsel for the City in this matter is unable to obtain such easements through voluntary negotiations. 2. The law fIrm of Kennedy & Graven, Chartered is hereby authorized and directed to take all steps necessary to acquire said easements on behalf of the City, including, if necessary, by use of eminent domain proceedings, pursuant to Minn. Stat. S 117.042, prior to issuance of an award of damages by Court-Appointed Commissioners. 3. The City Manager is authorized to determine the amount of just compensation for the taking of said easements encumbering the Subject Property for the purpose of presenting an offer to the owner of the Subject Property pursuant to Minn. Stat. S 117.036 and for the purpose of deposit with the District Court Administrator as the City's approved appraisal of value pursuant to Minn. Stat. S 117.042. #10 Adopt Resolution No. 2005-32, being a Resolution establishing limited sewer back-up clean-up and property damage Protection for municipal sewer customers Hansen stated this coverage is available as a rider to our insurance policy and provides a $10,000 policy, per property, per year. Conditions include: the backup must occur within the public line, not be one ofthe situations excluded, and the coverage limit of $10,000 has not been exceeded. Conditions not covered are: any situation where FEMA funds are available, interruption in the electric power supply to the lift station which continues for more than 72 hours, or precipitation that exceeds a 100 year stonn event. The coverage would reimburse property owners for clean up related to blockage or backup from the public sanitary sewer. Nawrocki questioned ifFEMA paid only part of a damage claim if this would cover the rest. Hansen stated we would apply for reimbursement of the remainder, but can not guarantee it would be covered. Fehst read the relative item from the resolution. Nawrocki asked ifthere was a 100 year stonn and someone suffered damage from sewage not caused by the storm, would it be covered. Hansen stated no, it can not have been caused by catastrophic weather. Williams read the relative portion of the agreement. Motion by Williams, second by Ericson Dielun, to waive the reading of Resolution No. 2005-32, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Ericson Dielun, to adopt Resolution No. 2005-32, being a resolution establishing limited sewer back-up, clean-up, and property damage Protection for municipal sewer customers. V!illialTIS stated that Councillnelnbers and the Public '}.larks staff have \vorked hard to be eligible for this insurance, and he is grateful this is done. Upon vote: All ayes. Motion carried. Nawrocki asked that the next City newsletter can)' this as a front page article to infonn residents. He stated that he will not give up tl)'ing to get compensation for residents that had sewage backups, over the last four years, caused by the City sewer lines and denied by the insurance company. RESOLUTION NO. 2005-32 BEING A RESOLUTION ESTABLISHING LIMITED SEWER BACK-UP CLEAN-UP AND PROPERTY DAMAGEPROTECTION FOR MUNICIPAL SEWER CUSTOMERS WHEREAS, the City affords municipal sanitary sewer services to many of the property owners within the city; and WHEREAS, on occasion blockages or other conditions in city sanitary sewer lines may result in the back-up of sewage into properties that are cOilllected to those city sanitary lines; and City Council Minutes June 27,2005 7 of 18 WHEREAS, sewer back-ups into property pose a public health and safety concern; and WHEREAS, it is not always easy to discern the exact cause and responsibility for municipal sanitary sewer back-ups, and WHEREAS, the City Council desires to encourage the expeditious clean-up of properties that have encountered sewer back-ups and WHEREAS, the City Council desires to mininlize the potential of expensive lawsuits arising out of sewer back-up claims, and WHEREAS, the City is a member of the League of Minnesota Cities Insurance Trust; and WHEREAS, the League of Minnesota Cities Insurance Trust is making available to the city a limited "no fault" sewer coverage that will reinlburse property owners for certain clean-up costs and property damage irrespective of whether the City is thought to be legally at fault. NOW THEREFORE, BE IT RESOLVED, by the City Council of Columbia Heights, Minnesota, as follows: As part of providing sanitary sewer service to the customers of the City, and in consideration of the payment of sewer bills, the City agrees to purchase insurance from the LMCIT for Limited Sewer Back-up, Clean-up, and Property Damage Protection for up to $10,000 of clean-up costs and property damages caused by a sanitary sewer back-up, in-espective of whether the city is thought to be negligent or otherwise legally liable for those damages, subject to the following conditions: 1. The back-up must have resulted from a condition in the City's sanitary sewer system or lines, and not from a condition in a private line. 2. The back-up must not have been caused by catastrophic weather or other event for which Federal Emergency Management Assistance (FEMA) is available. 3. The back-up must not have been caused by an intermption in electric power to the City's sewer system or to any city lift station which continues for more than 72 hours. 4. The back-up must not have been caused by rainfall or precipitation that would constitute a 100-year storm, or greater, as determined by the National Weather Service. 5. Neither the city nor the League of Minnesota Cities Insurance Trust (LMCIT) will reimburse any costs which have been or are eligible to be covered under the property owner's own homeowner's or other property insurance, or which would be eligible to be reinlbursed under a National Flood Insurance Protection (NFIP) policy, whether or not the property owner actually has NFIP coverage. 6. The maximum amount that the LMCIT will reimburse is $10,000 per building, per year. In this regard, a structure or group of structures served by a single connection to the city's sewer system is considered a single building. -1+11 ^do~~D~nolU~1'~nn'101i5 '111 '101i<:;: '1<:;: '11i1i5 '1t;todenl'nTln~~"lI.T~Da~lr~nn-"o....'1oth ^'v~n"~ TT ~ ~ rl.. pt ~'\...\,.Ii:) L V Ii:) k V --/1'1 k V,J-JJ'I ~vv --IV i:) }:;J.J.UL\...I l""tv 1. 1.l'\..1 I}:; 11. JJ ..rl.. \..I H..I.\...I" Jefferson Street and 5th Street Nawrocki asked where parking would be eliminated. Hansen showed on a map each of the three "no parking" areas. He stated these road portion are nalTOW and would allow for the round-a-bout and roadway curve. There would be parking at the commercial area to the east and interior parking. Nawrocki asked to be shown each area on the map again, which Hansen did. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005-34, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-34 designating No Parking Locations on 39th Avenue from 37th Avenue to east of Jefferson Street. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. City Council Minutes June 27,2005 8 of 18 RESOLUTION NO. 2005-34 BEING A RESOLUTION TO DESIGNATE NO PARKING LOCATIONS ON S.A.P. 113-110 FROM 37TH AVENUE NE TO EAST OF JEFFERSON STREET NE IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, the City of Columbia Heights has planned the improvement of391h Avenue NE, State Aid Route No. 113-110 from 3ih Avenue NE to east ofJefferson Street NE in the City of Columbia Heights Minnesota; and WHEREAS, the City will be expending Municipal Street Aid Funds on the improvements of the Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street for the entire length of the improvements; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS MINNEOTA that the City shall ban the parking of motor vehicles on 391h Avenue NE from 3ih Avenue NE to 88.1' east of 5th Street NE, from 412.7' east to 659.6' east of 51h Street NE, and from 191.2' west to 217.5' east of Jefferson Street NE. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005-35, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-35 designating No Parking on Jefferson Street near 39th Avenue. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION NO. 2005-35 BEING A RESOLUTION TO DESIGNATE NO PARKING ON SAP. 113-107 FROM 296.4' SOUTH TO 416.2' NORTH OF 39 TH AVENUE NE IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, the City of Columbia Heights has planned the LT11provement of Jefferson Street NE, State Aid Route No. 113-107 from 296.4' south to 416.2' north of 39th Avenue NE in the City of Columbia Heights Minnesota; and WHEREAS, the City will be expending Municipal Street Aid Funds on the improvements of the Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS MINNEOTA that the City shall ban the parking of motor vehicles on Jefferson Street NE from 296.4' south to 416.2' north of 39th Avenue NE. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005-36, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-36 designating No Parking on 5th Street near 39th Avenue. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION NO. 2005-36 BEING A RESOLUTION TO DESIGNATE NO PARKING ON SAP. 113-108 FROM 39TH AVENUE NE TO 291.9' NORTH OF 39TH AVENUE NE IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, the City of Columbia Heights has planned the improvement of 391h Avenue NE, State Aid City Council Minutes June 27, 2005 9 of 18 Route No. 113-110 from 3ih Avenue NE to east ofJefferson Street NE in the City of Columbia Heights Minnesota; and WHEREAS, this improvement will involve the reconstruction of part of 5th Street NE north of 39th Avenue NE, and WHEREAS, the City will be expending Municipal Street Aid Funds on the improvements of the Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street for the entire length of the improvements; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS MINNEOT A that the City shall ban the parking of motor vehicles on 5th Street NE from 39th Avenue NE to 291.9' north of39th Avenue NE. 6. PUBLIC HEARINGS A) Public Hearing called for Revocation/Suspension of Rental Housing License at 4032 Van Buren St. Mayor Peterson closed the public hearing regarding the revocation or suspension ofthe rental license at 4032 Van Buren Street NE in that the owner has been granted an extension oftime to have violations on the property corrected. B) Public Hearing called for Revocation/Suspension of Rental Housing License at 1231-33 Circle Terrace & 1301-03 Circle Terrace Mayor Peterson closed the Public Hearing regarding the revocation or suspension of the rental license at 1231-33 Circle Terrace & 1301-03 Circle Terrace in that the violations have been corrected. C) Adopt Resolution No. 2005-39 being a Resolution for Rental Housing License Revocation at 4258 2nd Street Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No.2005-39 there being ample copies available to the public. Upon vote: all ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-39, 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 I\larlc I\1dalca Regarding Rental Propetiy at 4258 2nd Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-39 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5AA08(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY MARK MDAKA (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4258 2ND STREET NE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON MAY 16, 2005 OF A PUBLIC HEARING TO BE HELD ON JUNE 27, 2005. 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 March 14, 2005, Matt Field and Rich Hinrichs, inspectors for the City of Columbia Heights, inspected the property and noted eight violations. Compliance orders listing the violation were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. City Council Minutes June 27,2005 10 of 18 2. That on April 21, 2005, Matt Field and Rich Hinrichs, inspectors for the City of Columbia Heights, reinspected the property and noted seven violations. Compliance orders listing the violation were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 3. That on May 16, 2005, Matt Field and Rich Hinrichs, inspectors for the City of Columbia Heights, reinspected the property and noted seven violations. Compliance orders listing the violation were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 4. That on June 2, 2005, Matt Field and Rich Hinrichs inspected the property and noted seven violations. Compliance orders and a Statement of Cause were mailed by certified mail to the owner at the address listed on the Rental Housing License Application. 5. That on June 23, 2005, Matt Field and Rich Hinrichs inspected the property and noted seven violations still remained uncorrected. 6. That based upon said records of the Enforcement Office, 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: l..Shall repair the overhead garage door 2.. Shall replace the missing metal soffit on the front of the house 3..Shall repair/replace the garage service door 4..Shall remove alVany scrub growth from around the garage and deck. 5..Shall reattach the soffit on the garage. 6..Shall scrape/paint the garage trim 7..Shall remove the misc. building materials from along garage. b. F AlLURE TO SUBMIT REINSPECTION FEES OF $800.00 7. 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(l)(d). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6365 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. CONCLUSIONS OF COUNCIL 1. That the building located at 4258 2nd Street NE 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. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) Second reading of Ordinance No. 1487, being an Ordinance adopting the Minnesota State Fire Code Motion by Ericson Diehm, second by Williams, to waive the reading of Ordinance No. 1487, there being ample copies available to the public. Upon vote: All ayes. Motion carded. Motion by Williams, second by Kelzenberg, to adopt Ordinance No. 1487, being an Ordinance Adopting the Minnesota State Fire Code. Nawrocki stated this indicates fees will follow. Fehst stated that Council would have to approve any fees. He stated that we have lost several million dollars out of a $9 million budget. As a City, our goal is to develop alternative revenue streams to adapt to the reduction in government aid and have people pay for direct services received. Nawrocki indicated there has been a loss of State aid, but residents have not seen a reduction in City Council Minutes June 27,2005 110f18 taxes. We don't talk about doing more with less. Fehst stated that we are doing the same with a lot less. Chief Gonnan stated that State Fire Code pemlits are mostly for new construction and remodeling of systems, and pertain to units of three or more. This will not affect single family homeowners. It does allow for pennits for hazardous materials and canopy events such as firework tent sales, to make sure they are maintained in a safe manner. Gomlan stated that with the Fire Department budget he has to provide fire service, EMT service, inspections and fire code enforcement. Also, there is a cost to provide extras, such as six trucks and employees in the parade and a standby crew for the fireworks. We would hate to cut out the parades and the fireworks, but that is the position we are in. If funding were approved, we would continue to do things like the smoke detector program. Nawrocki stated that a building permit fee is already paid for inspections. Nawrocki stated the parade and fireworks have been around for a long time. Upon vote: All ayes. Motion carried. Nawrocki asked again how much the fees would be. Gonnan stated he would survey surrounding cOlmnunities and bring a fee resolution to Council. Most cities charge according to the State Uniform Building Code Schedule, but we want to look at direct cost for direct time. ORDINANCE NO. 1487 ADOPTING THE MINNESOTA STATE FIRE CODE BEING AN ORDINANCE AMENDING ORDINANCE No. 853, CITY CODE 1977 ADOPTING THE MINNESOTA STATE FIRE CODE. THIS ORDINANCE PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE FIRE CODE REGULATING AND GOVERNING THE SAFE-GAURDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF COLUMBIA HEIGHTS; PROVIDE FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION THEREOF; REPEALS ALL ORDINANCES AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH. THIS ORDINANCE SHALL PERPETUALLY INCLUDE THE MOST CURRENT EDITION OF THE MINNESOTA STATE FIRE CODE WITH THE EXCEPTION OF THE OPTIONAL APPENDIX CHAPTERS. OPTIONAL APPENDIX CHAPTERS SHALL NOT APPLY UNLESS SPECIFICALLY ADOPTED. The City of Columbia Heights does ordain: Section 1 Codes adopted by reference. The Minnesota State Fire Code, as adopted by the Commissioner of Public Safety through the Division of Fire Marshal, pursuant to Minnesota Statutes Chapter 299F.Oll, including all of the amendments, rules and regulations established, adopted and published from time to time by the Mitmesota Commissioner of Public Safety through the Fire Marshal Division is hereby adopted by reference with the exception of the optional appendices, unless specifically adopted itl this Ordinance. The Mitmesota State Fire Code is hereby incorporated in this ordinance as if fully set out herein. Section 2 Application. Administration. and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Mitmesota State Fire Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 299F.Oll, when so established by this ordinance. The code enforcement agency of the City of Columbia Heights is the Columbia Heights Fire Department. Section 3 Pennits and Fees. The issuance of pennits and the collection of fees shall be as authorized in Minnesota Statutes, 299F.Oll. Permit fees shall be assessed for work govemed by this code in accordance with the fee schedule adopted by The City of Columbia Heights by Resolution. City Council Minutes June 27, 2005 l20f18 Section 4. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statutes 299F.Oll). Section 5. Fire Code OPtional Appendices. The Minnesota State Fire Code, established pursuant to Minnesota Statutes 299F.Oll allows the Municipality to adopt by reference and enforce certain optional Appendices of the most current edition of the Minnesota State Fire Code. The following optional appendices identified in the most current edition of the State Fire Code are hereby adopted and incorporated as part of the fire code for tIllS municipality. 1. Appendices D, E, F, G, H, I. Section 6. Effective date of Ordinance. This Ordinance shall be in full force and effect thirty days after its passage. B) Bid Considerations 1) Authorize replacement of Unit #190, '87 tlUck mounted sewer rodding machine and chassis Hansen stated that rodding machines withjetter equipment were tested from both State Contract vendors. Staff spoke to current owners of this type of machine. Bids were received for a machine and new chassis. Staff recommends the low bid of ABM and acceptance ofthe trade-in, as offered, from ABM Equipment. Nawrocki stated that ABM is the higher bid. Hansen indicated that is without the trade-in. The other company was not interested in a trade in. He stated that upon staff review, there is significant difference in the operation of the two pieces of equipment. The ABM jetter is operationally superior in the way the patented hose reel operates at the machine. It also heats the water and will be useful longer in the year. Nawrocki stated that he had argued for the trade in as part of the process. Hansen stated that with the trade, ABM is the low bidder. Nawrocki argued that the other bid did meet the specifications. Williams stated that we are not in the used equipment business, and with the trade-in we are getting a better deal. Ericson Diehm indicated appreciation for the time evaluating this equipment. The $9,000 trade-in may not reflect the equipment value on the open market; they may have offered this to get our business. Motion by Eticson Diehm, second by Williams, to authorize the replacement of Unit #190A and Unit #190 with one (1) new 2005 SECA model H-800 Jetter in the amount of $89,085 subtracting a trade-in allowance of$9,045, plus sales tax from ABM Equipment Co. and one (1) new 2006 4300 SBA 4x2 (MA025) International tlUck chassis for $44,333 plus sales tax fi-om Astleford International TlUCks. All equipment pricing per Minnesota State Purchasing Contract. Nawrocki questioned the amount budgeted for this equipment. Hansen stated $130,000 plus sales tax. Nawrocki suggested that when calls are received from potential buyers of our old equipment, we ask what price the unit is being sold for. Upon vote: All ayes. Motion carried. 2) Adopt Resolution 2005-33, accepting the bid for Building Demolition and Excavation of Contaminated soil in the Industrial Park (Phase I-B) Randy Schumacher, Project Director, stated that four bids were received for excavation of City Council Minutes June 27, 2005 13 of 18 Phase IB in the industtial park. Phase I demolition was the Honeywell and Rayco properties, the FoundlY parking lot, and the south edge ofthe park. The Kramer Davis property is in the condemnation process. The Developer has secured the balance of the properties for Phase IB. Nawrocki asked why we are paying for the condemnation. Schumacher stated that the agreement included that ifthe negotiations hit a dead end, we would do this. Nawrocki questioned the amount of grant money we have received. Schumacher stated that we have received over $2 million, of which about $1.2 million has been used. Ericson Diehm explained the various areas the grant money was used. Nawrocki asked where the demolition and excavation funds would come from. Schumacher stated DEED, Met Council, and Anoka County. Staff is recOlmnending the low bid. He explained the wide range of bids is because some ofthe contractors have their own landfill. Nawrocki questioned reimbursement by the Developer. Schumacher stated that $413,000 has been reimbursed by the Developer. He has been very prompt with payments. Williams cOlmnended Schumacher on these bids. Motion by Williams, second by Ericson Diehm, to waive the reading of Resolution 2005- 33, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Ericson Diehm, to Adopt Resolution 2005-33, a Resolution accepting the bid for building demolition and excavation of contaminated soil in the Industrial Park (Phase I-B), Columbia Heights, MN. Upon vote: All ayes. Motion carried. RESOLUTION 2005-33 RESOLUTION ACCEPTING BID FOR BUILDING DEMOLITION AND EXCAVATION OF CONTAMINATED SOIL IN THE INDUSTRIAL PARK (PHASE I-B), COLUMBIA HEIGHTS, MN WHEREAS, pursuant to an advertisement for bids for the demolition of buildings at 620 39th Avenue NE (Buckles & Buckles), 3900 Jefferson Street (Kremer & Davis) and 515 & 519 38th Avenue NE (lR. Properties) and Excavation of Contaminated Soil identified in Phase I-B of the Industrial Park Redevelopment Plan; bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: (See attached bid spread sheet) AND WHEREAS, it appears that Veit & Company Inc. is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Veit & Company Inc. in the bid amount of$89l,3l2.50 for the building demolition and excavation of contanlinated soil in the Industrial Park Phase I-B area according to the plans and specifications as outline in the bid request dated June 24, 2005 and on file in the office of Community Development. The City staff is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and tlle next lowest bidder shall be retained until a contract has been signed. C) Other Business 1) Adopt Resolution No. 2005-38, being a Resolution establishing Propeliv Maintenance Inspection Fees. City Council Minutes June 27,2005 14 of 18 Gonnan gave the background on this process and meetings held with the landlords and Minnesota Multi-housing Association. This proposal is based on the State ofMN fees, which must be a reasonable amount to cover costs. He stated that one-half of the proposed fee is $50 based on administrative work, and the remainder is based on building size and amount of time required for different size locations. Gonnan gave the example that a 100 unit building requires one inspection for one exterior and one basement, but 100 single rental units require inspections of 100 exteriors and 100 basements. Nawrocki stated this was not fair to the small unit owners and that increased fees would be passed on to the tenant. We have not seen infonnation on what our costs are to show a real need for the increase. Gonnan stated that the City Council received that infonnation in December of2004. Operating costs are $129,000. Under the current fee structure revenue is approximately $36,000. Estimated revenue :from the proposed increase would only generate 58 percent of our actual costs. Other communities charge from 70 percent to 100 percent of their costs. Mark Jossart, representing the MN Housing Association (MHA) Committee, indicated he is also a property owner in Columbia Heights. He stated that the MHA opposes the increase in fees, but agrees with maintaining properties to a high standard and does support Chief Gonnan's proposal. He agreed that small one and two unit facilities require greater costs than larger units. Jossart stated that the proposed fee is fair. He stated that most communities follow this fee structure to encourage ownership of single family homes. Harold Hoium, 4315 5th Street NE, stated that if fees continue to increase rental buildings will be empty. Leland Stauch, 1155 Khyber Lane, referred to the meeting miscommunications between the landlords and the City. He proposed that this group be given a chance to say what fee they would like to see. He referred to the loss of view fi-om his home on Khyber Lane because of the Grand Lofts development. Williams asked Gonnan when the 2006 licenses begin. Gonnan indicated in January. Williams questioned ifthe landlords are together on this. Gonnan stated that meeting date flyers were mailed to the 500 rental property owners, with nine owners attending the meeting. Landlords were asked to have a committee make a recommendation to the City. This was never received. Gorman stated that he was not contacted or invited to their April meeting. Gonnan stated that the department budget is being developed making the finalization of fees necessary. Williams asked if Gonnan talked to Talmer Calloway, who spoke at the last Council meeting. Gonnan stated that he had. Gonnan stated that smaller increases every few years would have been the best choice, but we are falling far behind our operating costs. LGA funds were used to subsidize operation costs, but are no longer available. Residents do not want to subsidize rental inspections. This increase would only amount to 58 percent of our costs. Williams stated that we should be recouping more of our costs. Williams spoke of higher inspection fees with a rebate if a Police background check is conducted on potential renters. Ericson Diehm stated that we could do those things by amending the Resolution. City Council Minutes June 27,2005 15 of 18 Peterson stated that if this is not acted upon, the delay could take many months. Nonna Rust, Columbia Heights rental property owner, stated that the landlords have met and come to the consensus that fees should be on a per unit cost. She agreed that small owners are being hit hard. In reference to comparisons with other communities, it has not been shown if their programs are comparable. These costs are passed on to the tenants. She asked that fees be kept down to help landlords. Stauch disagreed with Rust, stating that large unit landlords want the small owners to pick up the fees. Williams stated that this Resolution could be passed and readdressed again. Stauch stated that the group should be allowed to discuss this. Peterson stated that they were asked to do so and they did not. When you draw the line, someone is affected. The Department has worked hard to bring this forward and the landlord group has failed on their part. If the group comes up with a proposal, it can be addressed again. Motion by Ericson Diehm, second by Kelzenberg, to waive the reading of Resolution #2005-38, there being ample copies available for the public. Up vote: All ayes. Motion carried. Motion by Ericson Diehm, second by Kelzenberg, to adopt Resolution #2005-38, being a Resolution establishing Propeliy Maintenance Inspection Fees. Nawrocki questioned the base price. GOlman explained the administrative process. Nawrocki suggested the additional cost per unit should be the same, at $20 per unit. This would increase the license reinstatement after revocation from one and one-half to ten times the license fee. Motion to amend by Nawrocki for an annual inspection cost of$20 per unit and license reinstatement after revocation fee be one and one-halftimes the license fee. Williams stated he did not agree with lowering the reinstatement fee and would not second the motion. Mayor Peterson called for a second. The motion died for lack of a second. Williams stated he would commit to attendance at more landlord meetings to see if there is a better solution. Gonnan stated that 500 letters of notification were sent out for this Council meeting, and only three owners are present. Ericson Diehm stated that last month Chief GOlman was told that we are not hard enough on the landlords regarding upkeep oftheir property, and now it is being said that we are too hard on the landlords. Peterson indicated this proposal has been worked on for eight months and does not feel it is right to make changes at this point. The infonnation was available and should have been discussed prior to this. City Council Minutes June 27,2005 16 of 18 Nawrocki stated he has another amendment. Ericson Diehm called for the question. Hoeft stated that Nawrocki would be allowed to state his amendment. Motion to amend by Nawrocki for an annual cost of$20 per unit. Williams stated this would change our bottom line. Gonnan stated he has surveyed other communities and felt this is fair. Motion by Nawrocki to table Resolution #2005-38, being a Resolution establishing Property Maintenance Inspection Fees. Hoeft stated that if the motion to table were seconded, it would take priority and there would be no further discussion. Mayor Peterson called for a second on the motion to table. Motion died for lack of a second. Vote on motion amendment: Kelzenberg, nay; Williams, aye; Ericson Diehm, nay; Nawrocki, aye; Peterson, nay. 2 ayes - 3 nays. Motion failed. Vote on original motion: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, abstain; Peterson, aye. 4 ayes - 1 abstention. Motion carried. Peterson stated that the landlord's group could bring suggestions to the City Council. Nawrocki stated that with fee increases by the Fire Department, their budget should be reduced this year. Gorman stated that his 2006 budget proposal cuts the full-time firefighter that was reinstated this year and the paid on call duty shift. This would be the only way to "hold the line" because of expense increases which are out of his control. RESOLUTION NO. 2005-38 BEING A RESOLUTION ESTABLISHING PROPERTY MAITENANCE INSPECTION FEES AS AUTHORIZED BY CHAPTER 5A OF CITY CODE OF 1977 WHEREAS, Ordinance No. 853, City Code of 1977, pertaining to rental property licensing regulations provides for the establishing of annual license fees; and WHEREAS, the City has authorized changes to rental property licensing fees from tinle to time; and WHEREAS, the City frods there is a fmancialneed to modify the rental property licensing fee at this time; and THEREFORE, BE IT RESOLVED, that the rental property licensing fee structure listed below shall be adopted and effective January 1,2006. Rental property license - 1 unit Rental property license - 2 thru 10 units Rental property license - 11 thru 30 units Rental property license - over 30 units $50.00 per building plus $40.00 per unit $50.00 per building plus $20.00 per unit $50.00 per building plus $15.00 per unit $50.00 per building plus $10.00 per unit No-Show Fee $100.00 per no-show event License Reinstatement after Revocation/Suspension Ten times annual license fee City Council Minutes June 27,2005 17 of 18 8. ADMINISTRATIVE REPORTS A) Report ofthe City Manager · DNR has approved a bunting pennit for July 10 at the home adjacent to Huset Park for fire training. Nawrocki questioned when authorization was received to demolish the house. TIlls was the plan when the house was purchased. · Our wading pools were inspected by Anoka County on June 14. They were not allowed to open prior to inspection. State inspections are now the County's responsibility. Some repairs are required prior to opening this year. They are scheduled for completion the end ofthis week. There are major problems with the pools that we have known about since the '90's that must be completed by next year, estimated at $80,000 to $90,000. County Commission Kordiak has been contacted for assistance to keep these pools from being closed pennanently and he is being very supportive. Peterson asked that the repairs be expedited. Regarding a call he received, Nawrocki questioned the responsibility of our recreation staff to watch children swimming at Long Lake. · Listed three unfunded mandates by the MN Office of Pipeline Safety. Hansen stated this would be brought to Council prior to December 31 for consideration. · Police Officers have begun extra patrols in Grid 8, with very positive reactions. Nawrocld suggested that the Police Chief and Captain spend time in this area. · The City of Fridley has cut the grass east ofthe fence on University and will cut it again when we cut our area. Removal of stumps in this area will be pursued. Peterson stated that the people who wanted the fence put in 35 years ago feel it has outlived its need and makes it impossible to groom. Nawroc/d questioned who asked for the trees to be removed. Nawrocki restated concerns on parking requirements being met, and that 4410 Central property looks shabby. Hansen stated the owner was notified. Nawrocki disagreed with the "Ugly House" billboard and stated that our sign ordinance has gone down hill. Fehst stated that the EDA will discuss allowing a sale trailer at the Burger King property and that the billboard is not over sized It may have one color too many, but they do office from there. Fehst stated the Community Development Intern is looking at all signs. Nawrocki indicated that 4550 Stinson should be checked. There is a building pennit, but there is no work being done. There is a home on Reservoir Boulevard that has eight cars parked there. Hoeft stated that case could be in the court system. Nawrocki stated nothing has happened on the complaint regarding 1055 Peters Place. B) Report of the City Attorney CITIZENS FORUM Hoium stated that the City should not bum good housing stock and they should put in more sidewalks. Vehicle speeding in the City should be controlled. We should clean up crime in the entire city, not just one area. COUNCIL CORNER Kelzenberg · Hopes that everyone had a good time at the Jamboree and the parade. He had a good time in the dunk tank. Williams · Weare working hard to make our City a better place to live. · Believes the school levy will pass. · The entire festival was excellent. We have wonderful citizens that live here. We should look past City Council Minutes June 27, 2005 18 of 18 the petty stuff, and remember things like the awards to the Officers. We have a great Public Works Department. The Jamboree and parade are areas we can grow on. It was a great time. Ericson Diehm o Believes there are many positive things in our cOlmnunity. o Have a happy and safe Fourth of July weekend. Nawrocki o Showed a brochure that claimed we have 15 grains of water hardness. Check if this is slander. Hansen stated that we have three grains of hardness. o Waiting for information on the attorney's contract. Fehst asked for direction, as information has been distributed. We pay more than other communities and more than we should pay by $150,000 a year. You must get competitive bids. Fehst stated that we have a good rate and are satisfied with the performance. Peterson suggested each Councilmember contact the City Manager with their opinion. o Last meeting stated there was a 50 percent increase in utility rates. Statistics fi'om the Finance Director include the garbage contract. When acted upon it was for water, sewer, and stonn sewer. Fehst disagreed with the percentage. The garbage contract was renegotiated for a lower amount, but rates were not decreased. In utility rates commercial/industrial got a break and residents got hit hard. Fehst stated that we were tlying to balance out the utility rates and the overall increase was 30 percent. Peterson requested more respect in Councilmember Nawrocki's terminology used regarding staff Does not need to apologize for the words used. o What will be done about the trees butchered on Main Street. Peterson stated he met with Xcel and learned that residents had the choice to have the tree and stump removed and receive $35 toward another tree. Trees must be kept 16 feet from a transmission line and are only trimmed on a four year cycle. If there is a problem because of these trees in the lines, Minneapolis, Northeast Minneapolis and Columbia Heights could lose power. Peterson stated that he saw the facts and the pwpose of this work. Xcel is selling us a bill of goods. People were not told how bad the trees would be butchered. Peterson o Thank you to the Lions Club for the parade and Jamboree. It was the best ever. Thank you to Wally Logacz, the car show organizers, and the band. o In the meeting with Heritage Height's residents, asked that they come to the next meeting with one good thing to say about Columbia Heights. Maybe Councilmembers should do the same. o Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 11: 17 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 5.1t.~ ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES APRIL 26, 2005 CALL TO ORDERlROLL CALL President, Murzyn,Jr., called the meeting to order at 9:18 p.m. Present: Don Murzyn Jr., Patricia Jindra, Gary L. Peterson, Bobby Williams and Bruce Nawrocki, Tammera Ericson Diehm, and Bruce Kelzenberg PLEDGE OF ALLEGIANCE CONSENT AGENDA Approval of Minutes Financial Report and Pavrnent of Bills Nawrocki asked why in the March financial report for Community Development shows we are a little over budget for personal services. Streetar stated once Walker started managing Parkview Villa, staff administrative hours are paid back to the City on a quarterly basis. MOTION by Ericson Diehm, second by Peterson, to Adopt the consent agenda items as listed. All ayes. Motion Carried. ITEMS FOR CONSIDERATION NEI Site Redevelopment Proposal Streetar stated Legacy and Walker are partnering together and would like to encourage the EDA to get involved in a Senior Housing Community plan on the northeast corner of the NEI site. Seniors could sell their home, move into this 66-unit community that would still allow them to receive a tax base for the unit. There are three concepts: 1) a senior housing community; 2) library; and 3) a community center on the site. The plan would meet some of the Comprehensive goals and the goals of the City to develop housing in the City and retain residents. It breaks down to about 90 cents per sq foot, which is approximately the same as Parkview Villa. Streetar held up a drawing of the proposed site. In the past the board has not be interested in rental housing. Mr. Lamb, Legacy Management Corporation and Mr. Koester, the architect, are in attendance to answer any questions. There are two primary costs involved: 1) Share Cost- a one-time "down payment" that purchases a share in the corporation and 2) Monthly Fees-include the mortgage principal and interest payments, real estate taxes, operating expenses, liability insurance for the building, legal and accounting services, professional management, lender-required reserves, as well as interior and exterior maintenance, sewer, water, trash, and recycling. Members would be responsible for their phone and electricity bills. Interest expensed and real estate taxes incurred on the home would be tax deductible. The concept meets three of the housing goals in the Comprehensive Plan; 1) promote a variety of life-cycle housing, 2) promote medium, density owner-occupied housing, and 3) promotes Economic Development Authority Meeting Minutes April 26, 2005 Page 2 of4 housing that attracts and retains residents. Also in the demand study preformed by Maxfield indicates a demand between 100 and 125 units of independent senior housing through 2013. Staff is recommending the EDA enter into a preliminary development agreement with Legacy that would allow tkem to prepare a proposal for review and approval before October 28, 2005 with the developer paying $5,000 in escrow to pay for EDA expenses to review the proposal, as well as $3,000 upon execution of this agreement, with a possible 90 day extension to the agreement for an additional $3,000. Ericson Diehm asked what age of seniors would qualify for the units. 0 'Donnell stated it would be 55 and over, owner occupied units. Nawrocki asked who is Legacy qnd are they connected to the Legacy company at 49th & Central. Mr. Koester stated they have been in business since 1974, owned by the Gibbons family, has been developing affordable work force housing, they used to own nursing homes in Minneapolis. which they sold approximately seven or eight years ago, they have built a library in St. Paul, and they are not connected with Legacy company. Nawrocki stated 1) until the City has an overall plan for the property it doesn't make sense to split it up; 2) he's not interested in working with Walker with the experiences from this building; and 3) we should look at a competitive bid from other companies for this property. Ericson Diehm stated at some point there was talk of coop units in the Industrial Park, will that happen. Schumacher stated the industrial park would not have coop units. Peterson stated he agreed with Nawrocki, that we are a little premature at signing an agreement, as City Council has not explored the options for the site, would like to have some serious meetings with the people interested in the community center and library, we need to get on the same page, make some decisions, there is a group that is working on getting gym space in the city, he isn't in favor of any gym space made available for other cities. Kelzenberg stated he likes the plan, but lvould like to see us go out for bids. VT'illiams stated he agreed lvitI-z .J.Deterson and Nawrocki. Murzyn, Jr. stated he has reservations of putting the Community Center on that site, would like to see the City Council make a decision as to what they want on the site, has heard the Council is against it and preferred to table this item until a decision is made by City Council. Ericson Diehm stated she agrees the City Council needs to determine what they want there, but hopes the developers know that we appreciate the plans they have before us and asked why were waiting, what do we need to get things going. Fehst agreed the council needs to make a decision, understand the board has had some issues with Walker staff, but felt Walker has done a lot of good for the building, and would like to keep Legacy and Walker as a possible developer of the site. Streetar asked if the board wants staff to stop marketing the site until after the EDA and City Council have made a decision. Murzyn, Jr. stated yes, and we should have ajoint meeting with the City Council and the EDA to make some determinations. Economic Development Authority Meeting Minutes April 26, 2005 Page 3 of4 Streetar stated on May 1 ih the EDA board is invited to attend the council worksession where we will be presenting all of the options for the community center, which will give them all of the information that staff and committees have obtained. Nawrocki felt the meeting on the 1 ih is premature, as people he has talked to aren't supportive, Gym's should work in conjunction with the school district, they should meet with us, give them time to work with the people in the community to see what the actual desires are, who is going to operate it and pay for it. Muriyn, Jr. stated this item is tabled until the City Council and EDA meet and come up with some decisions. Adopt Resolution 2005-08. First Amendment to Contract for Private Redevelopment Schumacher stated the EDA entered into a redevelopment agreement in September of 2003 with New Heights Development LLC (Bntce Nedegaard) for constntction of owner-occupied housing and commercial development at'the Kmart site. The last several months, Nedegaard has attempted to acquire a 60-foot roadway easement to access his development from 49th from the current owner, Mr. Walter Scott that owns the property where the savers building is located, with no response. Staff has prepared an amendment to the development agreement that would enable the City to move forward in the process to obtain this needed right-ol-way. The developer would be responsible for all costs associated with this acquisition. Kennedy and Graven prepared the amendment for board review. Staff is recommending the EDA approve the proposed contract amendment and request City Council commence with the eminent domain proceedings for the right-ol-way, as this is needed for public purposes. Nawrocki asked what is the difference between temporary and permanent easement, and stated if he is correct, doesn't the county need a portion of 49th. Streetar stated that is correct that the county needs a portion of 49th and in the original agreement the owner of the home next to the development site, requested a rock wall be put up so that is why the plan shows a temporary and a permanent easement. The bold line on the map is the center of the road and will be shifted 10 feet to the west, which isn't shown on the map. Motion by Ericson Diehm, second by Peterson, to Adopt Resolution 2005-08, a Resolution Approving a First Amendment to Contract for Private Redevelopment between the Columbia Heights Economic Development Authority and New Heights Development, LLC; and furthermore, to direct the President and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Concept Redevelopment Plan for the property located at 40th & University Schumacher stated this is an introduction and general concept plan only, not a plan review. Tom and Gordy Solz, real estate advisors for the proposed developer, Jim Sarna, are requesting feedback from the EDA on a concept plan to constnlct a 6,000 square foot restaurant on the southeast corner of 4dh & University. Mr. Sarna has hired SSV Architects to prepare four alternative site plans for EDA consideration. The proposed restaurant includes rooftop dining, a lounge and outdoor seating to accommodate approximately 200 patrons. The issue tonight is that Mr. Sarna is requesting feedback to see if the EDA is interested in a restaurant on that site. The EDA has used Community Development Block Grant funds to obtain the properties, so the board regulates what will be built on the site. The Preliminary Development Agreement would be the Economic Development Authority Meeting Minutes April 26, 2005 Page 4 of 4 next step if the board would be interested. Dave Sarna stated it would be a bar and restaurant, casual dining, similar to Applebee's, but less noisy, and would cost approxim.,ately 1.5 million to develop it. John Seviola stated he and his son have built many buildings for Mr. Sarna and the Sarna's are very willing to work with the community. Nawrocki stated he is concerned with the attached properties and alley access, what happens to the alley is important, he understood they want to abandon a portion of the alley and the access from lookout to 4dh Avenue. Peterson stated he has been involved with Mr. Sarna, they will work with the community, are a good company, produce a good end product, would work with the City on such things as screening, trees, bushes, lighting, etc., they are willing to provide these things. Joyce Shellito stated as a resident in the area, shefeft out of the loop of what is happening on the site, needs to get a 32-foot trailer backed into their yard through the alley. Peterson stated this is why you were invited hear tonight so you can hear what this concept is. Mr. Shellito stated he felt the idea of a restaurant on that corner was a good idea. Mike Gondek stated he needs access from the alley to his business. Streetar suggested Mr. Gondek and the Shellitols meet with the Sarna's to discuss the issues, if the EDA likes the idea of the restaurant. Ericson Diehm stated her initial response to the general concept is in favor of it and suggested the Sarna's set up meetings with the neighbors. Murzyn, Jr. felt a restaurant was a good idea for the site and directed staff to work with the Sarna's to develop documents for review for a restaurant concept. ADMINISTRATIVE REPORTS- none ADJOURNMENT President, Murzyn, Jr., adjourned the meeting at 10:53 p.m. Respectfully submitted, c./;;;y~? ~ Cheryl Bakken Community Development Secretary H: \EDAminutes2005\4-26- 2005 5~ A-~~) City of Columbia Heights Park and Recreation Commission May 25, 2005 Eileen Evans called the meeting to order at 5:30 p.m. ROLL CALL Members present: Eileen Evans; Jerry Foss; Tom Greenhalgh; Gary Mayer; David Payne; Gary Peterson; Marsha Stroik; Keith Windschitl, Recreation Director; Kevin Hansen, Public Works Director/City Engineer Also present: George Leverentz, Ben Erickson, Joe Sturdevant Excused Absence: Kevin McDonald Absent: None APPROVAL CONSENT AGENDA Motion to approve consent agenda by Foss and second by Mayer. All ayes, motion carried. LETTERS AND REQUESTS REQUEST FOR REVIEW OF SULLIV AN LAKE PARK OPERA TWG POLICIES Resident George Leverentz discussed issues he has concerning Sullivan Lake Park such as signage, hours and enforcement. He stated that there is real deterioration. He is also concerned about dogs being allowed to run free without a leash and last year someone rode around on a golf cart. Last Friday May 20th someone was riding around on a scooter. He is also concerned about the vandalism that happened at his neighbor's house and wants to know what the policies are for Sullivan Lake and if there is any enforcement. He stated that he had received a copy ofthe Park Facility Use Policy from the Recreation Director. Kevin Hanson, Public works Director/City Engineer, stated that there are signs in the park which remind people to keep dogs on a leash and that they need to pick up after them. Commission Member Marsha Stroik asked Mr. Leverentz if there has been any problems with kids hanging around. Mr. Leverentz stated that he had not seen many kids hanging around and that he wanted to get to this meeting so he could discuss the policy issue. There were two reasons one PAGE 2 being the dogs tUlming loose and two the kids being out of school soon. George wanted to know the park hours and if he were just to call the police 911 if anything happened. Commission Member Eileen Evans indicated if there are laws being broke, he should call the police. She also asked Mr. Leverentz to keep us posted as to what is going on in the park. THANK YOU LETTER FROM RESIDENT CHUCK ROSENQUIST Resident Chuck Rosenquist sent a thank you letter to Recreation Director Keith Windschitl and the City of Columbia Heights thanking them for giving them permission to park and board the Casino bus at Murzyn Hall parking lot. Recreation Director Keith Windschitl stated that it has been very successful so far and that residents are able to park in the far end of the rear lot. Commission Member Eileen Evans asked how they are advertising for this. Recreation Director Keith Windschitl stated that they advertise this on a flier that they distribute and that we are only listed at a pick-up and drop-off site, not as a sponsor. REQUEST TO HOLD A WRESTLING FUNDRAISER AS PART OF JAMBOREE A letter was received from Melissa Koester requesting a wrestling fundraiser for her daughter who is diagnosed with Retts Syndrome. She would like to hold it on June 24, 2005 during the Jamboree. Recreation Director, Keith Windschitl, indicated to Melissa that the City has taken a tough approach to wrestling in the City, especially where alcohol is served. The Commission indicated that they felt this type of all-star wrestling is something we really do not want as a part of Jamboree. Motion to deny request for wrestling fundraiser as a part of Jamboree by Stroik, second by Payne. All ayes, motion carried. REQUEST FOR COLUMBIA HEIGHTS RESIDENT DISCOUNT FOR AUGUST 19, 2006 A letter from the Class of 1966 requesting the 25% discount was received. Recreation Director Keith Windschitl indicated that many of the classmates still have close ties to Columbia Heights. He also noted that we have done this for Columbia Heights classes in the past. Motion to grant the Class of 1966 the resident discount of25% by Payne, second by Greenhalgh. All ayes, motion carried. REQUEST TO HOLD A YOUTH WRESTLING EXHIBITION AS PART OF JAMBOREE Recreation Director Keith Windschitl explained that this wrestling is part of our Recreation program and they would like to have a demonstration of what the youth PAGE 3 program is about. Motion to allow the youth wrestling exhibition as a part of Jamboree by Foss, second by Payne. All ayes, motion carried. OLD BUSINESS No old business. NEW BUSINESS AWARD FIREWORKS PROPOSAL FOR 2005 JAMBOREE Recreation Director Keith Windschitl explained that we have two proposals for fireworks from two companies, RES Specialty Pyrotechnics and Melrose North Pyrotechnics. Ben Erickson, of 4912 Jefferson St., shoots shows for RES Specialty Pyrotechnics and explained how he feels RES is the company to contract with because of their 12 years in the business and that they will give you the best and biggest bang for your money. He stated that RES has safety as its number one priority, they have 25% more product, and they go the extra mile to provide a great show. Joe Sturdevant, of 1043 Polk Place, explained how he has had success with Melrose for the C.R. Football Homecoming at the High School. He indicated that he has been very satisfied with Melrose and they have been very consistent in the past. Commission member Gary Mayer stated that he felt we should give the hometown kid a chance to provide a great show for the City. Motion to select RES Specialty Pyrotechnics for the 2005 Jamboree fireworks show by Mayer, second by Payne. All ayes, motion carried. REPORTS RECREATION DIRECTOR Recreation Director Keith Windschitl canceled the City park tour that Recreation members were going to take due to inclement weather. We will reschedule for next meeting. Recreation Director Keith Windschitl wished Commission Member Jeny Foss a Happy Birthday and invited everyone to have cake and ice cream. Recreation Director Keith Windschitl announced that Liz Bray is the new Recreation Coordinator. She will be full time status as of this week. PAGE 4 PUBLIC WORKS DIRECTOR/CITY ENGINEER Kevin Hanson, Public Works Director/City Engineer, stated that the basketball hoop at Keyes had been taken down. Recreation Director Keith Windschitl stated that he talked with Carrie Day Aspinwall and she indicated how dramatic things have improved since it was taken down. Commission Members discussed if the hoop should be put back up because it was a temporary solution. Motion by Greenhalgh to put the basketball hoop back up at Keyes Park, second by Payne. Upon vote: Foss, nay; Greenhalgh, aye; Mayer, nay; Payne, aye; Stroik, nay; Evans, nay. 4 nays-2 ayes, motion failed. Kevin Hansen, Public Works Director/City Engineer, discussed the need of burning the wetland area at Prestemon Park to establish a nice plant area for native grass and flowers. COMMISSION MEMBERS Commission Member Greenhalgh asked if we have done anything to get lights at Prestemon before Huset gets redone and we lose our leagues due to fields being down for a period of time. Public Works Director/City Engineer Kevin Hansen indicated that only Huset 3 would be impacted this year, and that will only move the backstop up fifteen feet. ADJOURNMENT Meeting adjourned at 6:45 p.m. Keith Windschitl, Recreation Director s: A.~) UgTfIESE ~\'IIl:J1.rrES 1'Jorll1 /;'11, 'PVi~(UPYi 7T~D. il 11 . 11: __ ~.. . \i .L-.: OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION JUNE 6, 2005 Chairperson Carlson called the meeting to order at 6:00 P.M. I. ROLL CALL Anderson Carlson Goodman Stumpf Sturdevant Staff Present: Kathy Young, Assistant City Engineer Tom Johnson, Police Chief Council Liaison: Bruce Kelzenberg II. APPROVAL OF MAY 2, 2005 MINUTES Motion by Sturdevant, second by Goodman to approve the minutes of May 2, 2005. Motion carried unanimously. III. OLD BUSINESS None IV. OTHER OLD BUSINESS None. V. NEW BUSINESS A. REQUEST FOR TRAFFIC STUDY AT 42ND AVENUE AND JACKSON STREET. Ms. Tammera Shinn of 4224 Jackson Street N.E. has requested a traffic study be done near the intersection of 42nd Avenue and Jackson Street. Her concern is the speed oftraffic in the area. Ms. Shinn also requested a "Speed Limit" sign and a "Slow Children at Play" sign be installed. Official Proceedings Columbia Heights Traffic Commission June 6, 200S Page 2 Chairperson Carlson stated that traffic may no longer be a valid problem as NEI is not located in that area. Visibility is also good at the intersection of 42nd Avenue and Jackson Street. Motion by Sturdevant, second by Anderson, to direct the Police Chief to monitor the traffic and speed on 42nd Avenue and on Jackson Street. Motion carried unanimously. VI. OTHER NEW BUSINESS A. Mr. Jim Hutchinson of S033 ih Street N.E. was present to discuss concerns with street crossing on Washington Street and Sullivan Drive. There are no marked crossings on Washington Street and buses are parked along the street making it hard to see oncoming traffic going northbound. Police Chief Johnson indicated he would check into why the buses are parking along Washington Street and would report back to the Traffic Commission at their next meeting. Motion by Carlson, second by Goodman to table the street crossing concern at Washington Street and Sullivan Drive until the next Traffic Commission meeting. Motion carried unanimously. VII. REPORTS A. CITY ENGINEER Staff updated the Commission members on the ingress and egress for the Industrial area development. The streets within the development will be considered private. Private streets are proposed to intersect public streets at these locations: new parkway, west of Sth Street; new parkway at Sth Street; new parkway, west of Jefferson Street; Jefferson Street, south of new parkway; Sth Street, north of new parkway (2 locations) and Lookout Place. B. POLICE CHIEF None. Official Proceedings Columbia Heights Traffic Commission June 6, 2005 Page 3 C. COMMISSIONERS Commissioners asked when the Yield Signs will be installed on 6th Street at 48th Avenue. Staff will check on the status of the installation. VIII. ADJOURNMENT Motion by Anderson, second by Sturdevant to adjourn the meeting at 6:45 P.M. Respectfully submitted, (]. Q ~~~ ~'b/~~ anne Baker Traffic Commission Secretary S. A-.~) PLANNING AND ZONING COMMISS~ON":'""'" MINUTES OF THE REGULAR MEETING ;r. JULY 6, 2005 7 :00 PM 1.\ ;'1 '\111 4- ""....... [g, i~ Itj Q\"."ii1:\ ","'oiL 1& <w ~J 11 'I H not 3!)proved0 I: L " i. ; ~;j ~'~ The meeting was called to order at 7:00 pm by Chairperson Szurek. (, Roll Call: Commission Members present-Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were Perry Thorvig and Jennifer Haskamp (City Planners-from Dahlgren, Shardlow, and Uban), Shelley Hanson (Secretary), and Tami Ericson Diehm (Council Liaison). Motion by Schmitt, seconded by Fiorendino, to approve the minutes from the meeting of June 7, 2005. All ayes. MOTION PASSED. PUBLIC HEARINGS The order of the cases was changed to allow the Planners to present the cases they each were responsible for back to back (Planner Haskamp-cases 1 and 4, Planner Thorvig-cases 2 and 3). CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2005-0701 Badreddin A. Alnizami 1330/1334 & 1352 44 % Avenue Lot Split PREPARED BY: Jennifer Haskamp, Consultant Planner Introduction Badreddin Alnizami, the property owner of 1348 44 1/2 Avenue NE, has made an application to subdivide the current lot into 3 lots: A, B, and C, where lot A would have the existing duplex (1348 and 1350). The current lot has approximately 33,172 square feet, and is zoned R-2. The applicant would like to create two new lots on which a single family home or a twin home could be constructed provided adequate soil conditions and lot size requirements are met. The Applicant should be aware of the outstanding moratorium on the construction of twin homes that would prevent either of the created lots to have a twin home constructed. The lots could be developed for single-family attached homes given current zoning regulations. The moratorium expires on December 5,2005. PLANNING & ZONING COMMISSION MINUTES MEETING OF WL Y 6, 2005 PAGE 2 Planning Considerations Consistency with Comprehensive Plan The Comprehensive Plan designates this area as low-density residential emphasizing single-family detached and attached homes. The City would like. to encourage redevelopment of vacant parcels into low-density residential uses to strengthen existing neighborhoods. The proposed lot split would allow for the construction of single family or a twin home on each of the lots. Therefore, the proposed development is consistent with the City of Columbia Heights Comprehensive Plan. Consistency with Zoning Ordinance The lot at 134844 Y2. Avenue NE is zoned R-2 One and Two Family Residential and is surrounded on all sides by properties zoned R-2. The lot split meets all ofthe lot area, lot frontage and lot coverage requirements for the R-2 Zoning District. Section 9.903 ofthe Columbia Heights Zoning Ordinance regulates lot area, setback, height and lot frontage (lot width) requirements; and Section 9.603 regulates accessory structures and lot coverage. Findings of Fact The lot at 134844 Y2 Avenue NE is zoned R-2 One and Two Family Residential and is surrounded on all sides by properties zoned R-2. The lot split meets all ofthe lot area, setback, frontage and lot coverage requirements for the R-2 Zoning District. Section 9.903 ofthe Columbia Heights Zoning Ordinance regulates lot area, setback, height and lot coverage requirements and Section 9.603 regulates accessorj strLlctures aIld lot coverage requirements. Applicable requirements are as follows: · Minimum lot size shall be 6,500 sq. ft. for a single family home and 9,000 square feet for a twin home. Currently, the lot at 134844 Y2 Avenue NE contains approximately 33,172 square feet. After the proposed lot split, lot A will contain approximately 9,000 square feet, lot B will contain approximately 10,000 square feet, and lot C will contain approximately 13,500 square feet. Lot A must have a minimum of9,000 square feet to comply with the zoning ordinance. The lot areas should be verified and calculated prior to approval ofthe subdivision. However, based on the materials submitted each of the areas appear to meet the minimum lot areas. · Minimum lot width shall be 60 feet for all of the proposed lots. After the lot split, lot A has approximately 80 feet of frontage, lot B has 75 feet of frontage and lot C has 110 feet of frontage. All ofthe lots as proposed meet or exceed the lot width requirements. PLANNING & ZONING COMMISSION MINUTES MEETING OF JULY 6, 2005 PAGE 3 · Yard setbacks shall be as follows: Front yard - 25 ft; side yard - 5 ft.; rear yard - 20% oflot depth; detached accessory structures - 3 ft. from side and rear property lines. All of the setbacks of the existing duplex will continue to meet these requirements. Any new structures constructed subsequent to the lot split must also meet these requirements. · Lots greater than 6,500 sq. ft. in area may have a lot coverage of up to 30 percent: Currently, the lot at 1010 43 Y2 Avenue NE has a lot coverage of 5 percent. After the proposed lot split, lot A will have a lot coverage of 19 percent. Any new structures constructed subsequent to the lot split must also meet the lot coverage requirement. · A park dedication fee in the amount of$5,452 at final approval of the lot split. Recommendation Staff finds that the proposed lot split is consistent with the City of Columbia Heights Comprehensive Plan and meets the regulations stated in the Zoning Ordinance for the R-2 district. Staff recommends the Planning Commission recommend that the City Council approve the lot split conditioned on: · That the applicant pays the park dedication fee in the amount of$5,452. Peterson questioned what type of structure could be built on the lots if the split were approved. He was told only single family homes could be constructed since the moratorium was passed prohibiting twin homes from being built. Peterson then asked whether the construction of a twin home would be allowed once the moratorium expires. Szurek said, no, as it was the Council's intent that the Zoning Ordinance be amended to permanently prohibit the construction of twin homes as most ofthe lots in Columbia Heights are too small to accommodate them. Szurek ask~ed the O\Xlner ho\x/long he had oVlned the property. He responded that he J:1as Q\vned it for four years. She then asked ifhe was aware that Proposed Lot C had previously had a house on it. The house was determined to be a "Sick House" and was removed due to the soil conditions and the affect it had on the structure. She explained that at that time, the City Council was told that the soil was contaminated and emitted gases that were dangerous and caused the previous owners to get very ill. She said she does not want the City held responsible if someone spends a lot of money on this property, possibly builds on it, and then finds out there are problems because they weren't aware ofthe possible conditions ofthe site. The owner's representative said they were aware ofthe house being removed. He said he believed it was because the house had sunk and the sewer pipes broke and the sewer gas is what caused the illnesses and the mold and mildew in the home. He said the soils report he had taken indicated that it would take about $45,000 worth of pilings to make the property buildable. He said there is a lot of peat in the soil which makes it very soft. PLANNING & ZONING COMMISSION MINUTES MEETING OF JULY 6, 2005 PAGE 4 Szurek noted that he only had soil samples taken from the four corners of the property, not in the middle where a structure would be built, or where the previous house was located. She would suggest he have more soil borings done, and to have the soil tested for contaminates, not just type of soil before proceeding any further. Peterson also felt it would be irresponsible to proceed without more tests. Planner Thorvig questioned what type of structure he had planned to build on the lots. He felt this is something that should also be addressed that could have an impact on whether the owner would want to proceed with his request. The owner's representative stated the plan was to build a twin home spread over both the lots. He said he had already spent about $20,000 on having the soil tests done and drawing up the plans for the twin home. He felt he should be "grandfathered" in as he had spoke with staff prior to the moratorium being passed. He was told no, he would not be "grandfathered in", as an application was not received prior to the moratorium going into effect. Szurek then explained that the moratorium was passed in June, 2005 to prohibit construction of twin homes or double bungalows, to allow time for the Zoning Ordinance to be amended which will permanently prohibit this type of structure. She explained that he could possibly build two single family homes on the properties, if the soil tests indicate that it is possible. She stated that he needs to be aware that he cannot build what he wants, and she doesn't want him to expend more money into something that may be unbuildable, or to try and dump the lots onto someone else in the future. Fiorendino asked if the condition of the soil is relevant to the lot split being requested. Planner Thorvig said no, it isn't. Fiorendino then said that the job of the commission was to follow policies and ordinances in place, and there is no legal justification for denying the request. Approving the lot split does not make the lot buildable or give permission to construct any kind of building. Thompson, who is an Engineer, reviewed the soils report. He said the borings only tested the type of soils present, not for possible contaminates. He said it indicates that pilings would be required at least 40 feet deep due to the soil type tested at the four corners ofthe property, not in the middle where a structure would sit. He would recomnlend that fili-ther tests be ordered plioI' to any building permits being issued for this property, if the lot split is approved. Council member Ericson-Diehm stated this is very similar to the Kames case a few months back whereby a lot split was granted after making it clear to the owner ofthe potential soil conditions. She was aware of that fact and sold the property to a builder who now is limited as to what he can do with the property also because ofthe expense of soil corrections needed to put a structure on it. As a Commission and City Council, all we can do is make the owners aware of the fact, and to require extensive testing before approving any building permits. Peterson felt the City and the owners should both do independent soil borings to get a true analysis of the soil conditions which could be used for future decisions regarding the property. Fiorendino asked whether they would be interested in splitting the parcel into two lots instead ofthree. The owner replied that he would prefer three lots. PLANNING & ZONING COMMISSION MINUTES MEETING OF JULY 6, 2005 PAGE 5 After making it clear, that if approved, the owner would be responsible for paying a park dedication fee, even though the parcels may be deemed unbuildable, and that further tests will need to be provided prior to allowing any building on the site. With that said, Szurek stated there are no grounds to deny the request. The Public Hearing was opened. No one spoke on this issue. Motion by Peterson, seconded by Schmitt to recommend the City Council approve the lot split of 1348 44 ~ Ave NE into three lots, as the proposed lot split is consistent with the City of Columbia Heights Comprehensive Plan and meets the regulations of the Zoning Ordinance for the R-2 District, once the precise lot size and structure coverage calculations of the lot where the existing home sits are provided and the park dedication fee of $5,452 is paid. All ayes. MOTION PASSED. CASE NUMBER: APPLICANT: LOCATION: 2005-0702 Schafer Richardson/Ryland Homes Industrial Park Redevelopment Phase 1 & 2 1. Part of 39th Avenue east of 5th St NE 2. 38th Avenue from University to 5th St 3. Part of Lookout Place and part of adjacent alley Vacations of above streets and alley REQUEST: PREPARED BY: Perry Thorvig, Consultant Planner Introduction The implementation of the master plan for the Park View project requires the assembly of property in several blocks. Once assembled, the new development will encompass the several blocks and extend across some existing streets. Those street and alley rights of way must be officially vacated by the City of Columbia Heights before construction can begin. Background This is a request from the Schafer-Richardson development team to vacate the following: 1. Part of 39th Avenue NE east of 5th St. NE 2. 38th Avenue NE from University Avenue to 5th St. NE 3. Part of Lookout Place and part of an adj acent alley The vacations are necessary for the orderly and efficient development ofthe Park View housing development. Planner Thorvig displayed the maps for the members to help them visualize the areas involved. PLANNING & ZONING COMMISSION MINUTES MEETING OF JULY 6, 2005 PAGE 6 Analysis The surrounding property to the south of this project is industrial and residential. University Avenue forms the west border. Huset Park is to the east of part ofthe development and north of part of the development. All of the vacated streets will be incorporated into the 28-acre redevelopment site. There are no utilities that have to be preserved in the respective rights of way. Kevin Hansen, Public Works Director, has reviewed the vacation requests and recommends approval. No one has objected to the proposed vacations. Thorvig explained that two other vacations will be coming before the Commission at the August meeting. Those being the east 30 ft. of the University Ave Service Road and part of 5th St. These are the remaining two areas that need to be cleared up legally to allow the development to proceed. The permission to vacate University Ave is being finalized with MNDOT before it can be brought to the Commission, but they are willing to give up the 30 feet for the development as it is already blocked off. Conclusion The street and alley sections that are proposed for vacation are no longer needed for any public purpose and no one has objected to the vacations. Therefore, staff recommends that the Planning Commission approve the proposed street and alley vacation requests. The Public Hearing was opened. Mike Gondek who owns 334 40th Avenue and 325 Summit asked if these vacations had anything to do with Lookout Place and 40th Ave area. He was told no. Motion by Peterson, seconded by Fiorendino, to recommend the City Council approve the vacation of the following parcels as shown and described to the Commission: 1. Part of 39th Avenue east of 5th St 2. 38th Ave from University to 5th St 3. Part of Lookout Place and part of an adjacent alley All ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES MEETING OF JULY 6, 2005 PAGE 7 CASE NUMBER: APPLICANT: LOCATION: 2005-0703 Schafer Richardson/Ryland Homes Industrial Park Redevelopment Phase 2-West side of Huset Park between 5th St and University Ave Site Plan/Preliminary Plat REQUEST: PREPARED BY: Perry Thorvig, Consultant Planner Introduction Schafer-Richardson has requested two approvals: 1. The preliminary plat for the Phase 2 of the redevelopment of the industrial area west of Huset Park, and 2. The site plan for Phase 2. Phase 2 contains 12.8 acres. It is part of a larger 28-acre redevelopment area known as Park View. Phase 1 was reviewed by the Planning Commission and approved by the City Council in June of2005. There are 5 two-story townhomes and 17 three-story carriage home buildings. There are 40 units in the two-story townhomes and 118 units in the three-story carriage homes. Each unit has two parking spaces in the building and two in the driveway. There are 87 additional parking spaces in parking bays or on the private streets in Phase 2. Planning Considerations 1. A concept site plan was prepared in 2004 by the developer as part of the preliminary development agreement entered into with the City. The concept plan was found to be compatible with the provisions ofthe Transit Oriented Mixed-use Zoning District. 2. This zoning district calls for a flexible mix of uses with a minimum residential density of 12 units per acre and a maximum density of 20 units per acre, unless otherwise approved by the City Council. The concept site plan showed a density ofless than 20 units per acre. The subject property is located adjacent to a transit corridor (University Avenue NE) and will include a trail connection linking the new residential and mixed-use neighborhood to and through Huset Park. The trail will be constructed as part ofthe parkway along 39th Ave NE. 3. The City Staff has prepared Design Guidelines to be applied to the redevelopment ofthe subject property. These guidelines are directly based on the existing City Design Guidelines adopted in 2003. The guidelines include characteristics that are appropriate to the residential and mixed-use character of the Industrial Park redevelopment area, and not those aimed at highway, strip or suburban architecture and development. PLANNING & ZONING COMMISSION MINUTES MEETING OF mL Y 6, 2005 PAGE 8 4. The purpose of the Mixed-Use District is to promote efficient use of existing City infrastructure; ensure sensitivity to surrounding neighborhoods, create linkages between compatible areas ofthe City; provide appropriate transitions between uses; ensure high quality design and architecture; create good pedestrian circulation and safety; promote alternative modes of transportation; and increase the quality of life and community image of Columbia Heights. The proposed Industrial Park redevelopment will be designed as a pedestrian friendly mixed-use project that will accomplish these goals. 5. The Transit-Oriented Mixed-Use District requires that the mix ofland use include two or more ofthe following uses: residential, commercial and industrial. The proposed Industrial Park redevelopment will meet this requirement by including predominantly residential uses with some mixed-use commerciaVresidential uses. 6. Though the concept plan was previously approved for this project, the detailed site plan and preliminary plat must comply with the specific requirements of the zoning ordinance. Several zoning compliance issues are discussed below. Findings of Fact Preliminary Plat Section 9.411 (6) of the Columbia Heights zoning code requires that the City Council make each ofthe following fmdings before approving a preliminary plat: 1. The proposed preliminary plat conforms to the requirements of Section 14 of this ordinance. Section 14 of the ordinance only requires that the streets conform to the Comprehensive Plan by allowing the continuation of the appropriate projection of principal streets and that the plat conform to the neighborhood plan. In Phase 2, there are no existing streets other than the University Avenuefrontage road, 38th Avenue and Lookout Place. Street vacations are being proposed for 38th Street and part of Lookout Place. Part of the University Avenue frontage road also needs to be vacated to accommodate the new plat. Because of the unique location, these streets can be vacated without disruption of the grid pattern that will adversely affect the area. 2. The proposed subdivision is consistent with the Comprehensive Plan. The Comprehensive Plan has been modified to Mixed-Use Transit Oriented Development in expectation of this kind of development. Therefore, the project is consistent with the plan. PLANNING & ZONING COMMISSION MINUTES MEETING OF JULY 6, 2005 PAGE 9 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. The site layout has some of the same issues as Phase 1. They are asfollows: a) Ownershio of the utilities not lving within the right ofwav of a public street. Kevin Hanson, Public Works Director, believes that it would be beneficial that the City take ownership of all the 8 inch water mains and sanitary sewer that is in any private street that is 22' or greater in width. This is the accepted practice in similar developments in the city. The utilities would be built according to City specifications and there will be no confusion as to who is responsible for maintenance and repair. Therefore, the preliminary plat should be approved with a condition that specifically states that the City will take ownership of the utilities described above and be responsible for repairs. b) Spacing between buildings. No building will be closer than 25' to another building. However, the distance from garage door to garage door across the private street is only about 62 feet. Two, 20' wide driveways (parking spaces) in front of the garage doors and a 22 foot wide private street occupy the 62-foot space between the garage doors. These dimensions are less than what is normally required. For example, the The Columbia Heights code requires a 24-foot wide access drive. Section 9.612 (7) reads as follows: "b) Access and Circulation. Exceptfor parking accessory to one and two family dwellings, each required off-street parking space shall have direct access to an aisle or driveway no less than 24 feet in width and designed to provide safe and efficient means of vehicular access to and from the parking space without using public right-of-way for maneuvering. " Staff is recommending approval of the driveway and private street dimension. Staff has worked with the applicant to minimize the amount of hard surface space on the site in favor of more green space between or in front of the buildings. Therefore, staff, including the fire department, is comfortable with the 20-foot driveways and 22' private streets in the project. c) Sidewalk connections. All units should be connected by way of sidewalk to the city's sidewalk system and the new parkway. Most of th is project has the required sidewalks. Only the two-story units just off of the Lookout Place extension appear to have no sidewalks. This is the same situation as in Phase 1. This should not be a problem, however, because there are sidewalks just across the private street that should serve the needs of pedestrians in the development and provide access to Huset Park. The north-south sidewalk that runs mid-block between the buildings should be continued in the block containing the two-story units. It should intersect with a meandering trail that runs east to west between the two-story units. A tot lot should be created at the intersection of the trail and sidewalk. PLANNING & ZONING COMMISSION MINUTES MEETING OF JULY 6, 2005 PAGE 10 d) Engineerinz considerations. Kevin Hansen has reviewed the plat and found that there are several technical changes typical with all plats that must be made in order to assure that the utilities are installed properly and up to City and State requirements. Several conditions of approval are included in the recommendation to address Mr. Hansen's concerns. There is also the need to make sure that University Avenue, 38th Avenue, and Lookout Place are vacated and the MnDOT has rescinded their need for the easterly 30 feet of University Avenue. f) Fire access considerations. Chief Gorman's June 24 memo describes the concerns about maneuveringfire equipment around and through the looping street pattern. He cites a recent experience in Fridley with a similar development where it was very hard to gain access. He and the City Engineer will need to run more tests to make sure that there is adequate turning radii for the city's fire apparatus. Preliminary Plat Conclusions There are two unresolved issues that need to be addressed before a final plat can be approved. They include approval of street vacations and resolution of fire access. Some lots/units may have to be removed from the final plat in order to resolve these issues. It is expected that the final plat will need to be modified a bit between the time the preliminary plat is approved and the final plat is submitted for approval. Site Plan Section 9.413 (4) of the Columbia Heights zoning code requires the Planning Commission make each of the following findings before approving a site plan: a) The site plan conforms to all applicable requirements of the Ordinance. The Phase 2 site plan is consistent with the ordinance except for the following: 1. Internal street access drive widths are less than 24 feet in most of the project. In circumstances such as Phase 1, this wasjudged to not be a problem. However, in this phase, the Fire Chief has expressed concern. The site plan should not be approved at this time. 2. Ornamental trees must be 2" not 1.5' as proposed. b) The site plan is consistent with the applicable provisions ofthe City's Comprehensive Plan. The project is consistent with the general direction established in the Comprehensive Plan for a mixed use/transit oriented development. PLANNING & ZONING COMMISSION MINUTES MEETING OF JULY 6, 2005 PAGE 11 c) The site plan is consistent with any applicable area plan. A concept plan for the area has been accepted by the city and Design Guidelines have been adopted. A shortened list of the Design Standards is attached. Staff has found the project to be in substantial compliance with the standards. However, some discussion of various issues is needed. 1. Setbacks: Buildings are 10 to 25 feet from the sidewalks. Some of the buildings may be a little farther from the street than the standards suggest (20 feet maximum). However, the spirit of the ordinance is certainly met by fronting units on the street with garages hidden to the rear of the buildings. 2. Density: Overall, the project is supposed to be 19.7 dwelling units per acre. Phase 2 has a density of just over 12 units per acre. Therefore, units can be subtracted in Phase 2 without falling below the 12-20 units per acre density range agreed on by the developer and the City. 3. Exterior Materials: The exterior materials proposed for the project are vinyl, brick, and cultured stone. The developer has submitted drawings that show that the entire end wall of selected units will be brick. (See the attached map showing these locations.) In addition, the three-story buildings with seven or more units will have 3 units that have brick faces. The other three-story buildings will have 2 units that have brick faces. The two-story units will have brick to a height of about four feet above grade on the middle units and complete brick fronts on the end units. The rear sides of all the buildings will be heavy. 042 gauge vinyl siding. 4. Third Unit Type: One of the provisions in the development agreement between the developer and the applicant is that there be at least three unit types. The applicants are not quite sure how they will meet this requirement. One of the ways the applicants propose that this objective be accomplished is by provision of a different kind of two-story unit in Phase 2 than in Phase 1. They have submitted renderings that depict the different unit. Pictures are attached. The end units of the two-story buildings will contain single level living units in contrast to the other units that have several floors. This should appeal to some of the city's empty nester or elderly population. The other way that they might achieve the variety requirement is if they develop a Craftsman style front for the three-story carriage units. If they choose to go this way, they will need to come back to the Planning Commission for approval of their plans since they do not have any renderings ready for review at this time. Staff recommended that the Commission wait to approve a third unit design until they have both design options available for consideration. PLANNING & ZONING COMMISSION MINUTES MEETING OF JULY 6, 2005 PAGE 12 5. Landscapilig and University Avenue Buffer: Overall, the landscaping plan is very good. However, there are a couple of issues that need resolution - setbacks from University Avenue and the fence design along University Avenue. This development will occupy part of the approximately 30' of vacated University Avenue frontage road. The building's proximity to University Avenue is similar to the townhouse project across University Avenue from the Fridley city hall. Private drives are proposed between the remaining University Avenue and the units. However, the spaces between the fence along University Avenue and the private drives, as well as the setbacks of the buildings from the street, are very shallow. It is recommended that the buildings and the private drives be set backfurther from University Avenue to allow adequate landscape buffering. At least 15 feet should be required as a setback from the private drive to the new University Avenue right of way. This will mean that the end units on five of the buildings will have to be removed. The developers have suggested that they might use a cedar fence of some kind with brick columns. Staff recommends that the fence along University Avenue not be a solid wood fence. These kinds of fences deteriorate over time. Furthermore, there is no room to use landscaping on the University side of the fence. Staff recommends the construction of the same kind of wrought iron fencing, brick columns, and landscaping solution that was used on the townhouses in Fridley that are across from Fridley city hall. This should give the whole development a much nicer image than a wood fence. There are several pictures attached that show the fence and landscaping in the area between the fence and the private access drives in the Fridley project. 6. Fire Access: The discussion above related to the preliminary plat sets forth the possibility that some units may have to be removed fi'om the site plan in order to provide adequate turning radii within the private street system. However, the basic site plan is not expected to change appreciably. 7. Sidewalk Connections: The north-south sidewalk that runs mid-block between the buildings should be continued in the block containing the two-story units. It should intersect with a meandering trail that runs east to west between the two-story units. A tot lot (common area) should be created at the intersection of the trail and sidewalk. d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The area is evolving from industrial to residential. The remaining industrial uses will be able to function even as the new housing is developed because the housing is oriented in a way that buffers it from the industrial uses. Likewise, there are only two single-family homes on the north side of the project that are immediately adjacent to the new buildings. Therefore, impacts on the existing homes north of the project should be minimized. PLANNING & ZONING COMMISSION MINUTES MEETING OF JULY 6, 2005 PAGE 13 Site Plan Conclusions The site plan is acceptable with the condition that the buildings be located 15' further from University Avenue and that there be an attractive wrought iron fence and solid landscaped screening between the highway and the project. ' Staff recommends approval of the Phase 2 Preliminary Plat and Site Plan with the conditions that were discussed. Fiorendino asked how much can a developer change the plans between the Preliminary Plat and Final. He asked about how long it would be before the Final Plan is submitted for approval, and wondered if it is advised to approve what has been submitted thus far. Thorvig explained that the Preliminary Plat is about 90% final. There are always a few changes as the plan is tweaked. He stated that sometimes a couple of units may be added or dropped. The members were told that the Final Plat for the first Phase will be brought to the August meeting for approval and that it will be about 6 months before the Final Plat for Phase 2 is submitted. Thompson asked if that would affect the density per acre. Thorvig responded that it would not make much difference as the overall density will be met once the proposed apartment/condo building is approved. Thompson also was concerned about the lack of erosion control and site conditions of the area now. Brian Sullivan from Ryland Homes said the present work is not being done by Schafer Richardson, or by Ryland Homes. It is the City's Contractor for the soil corrections that were necessary prior to the development starting. Sullivan then addressed the 15 foot set back requirement along University Avenue. He felt this was excessive and that a compromise could be reached that would include a shorter distance and a better buffer of trees and shrubs and ornamental fencing that would be more aesthetically appealing. Peterson would like to see continuity of landscaping from 3 ih _40th Avenue along University Ave. He was told that they are not responsible for the properties north ofthe development area and when the property at 40th and University is developed, any improvements may have to be removed anyways. Sullivan then spoke to the third building type. He said he originally thought the third building type would be a Schafer Richardson building. But since that is not necessarily the case, they are in the process of re-designing the original Carriage townhomes that were shown in the Phase I documents. They are changing the front facades to vary the look. The second option would be the addition of the Heritage Townhome that has a different design from the two story townhouses. They actually combine flats and two story townhouse units. The end units are flats, with the upper units having 1700 sq. ft. of single level living space and the lower units having 1300 sq. ft. of single level living space. The middle units are two story units with approx. 1600 sq. ft. This type of building appeals to a larger market group and provides a variety of options. He wanted the commission members to approve this type of building for the third design so they can move ahead with their plans. He said the plan would be to add five of these buildings into the mix. However, the members and staffwant to see both options before making a final decision on which units should be added. PLANNING & ZONING MINUTES MEETING OF JULY 6, 2005 PAGE 14 Schmitt asked about the sidewalk connection and the ornamental fencing that may be used. She was concerned with safety and whether the fence would be climbable. Sullivan responded to her questions. Peterson thanked Mr. Sullivan and his company for their efforts with this project and for the cooperation they have received thus far. The Public Hearing was opened. Roger Nordeen of 4115 Jefferson St had a list of questions regarding the development. 1. Is there a limit to the number of people per unit? Thorvig answered, no limit of people per family, but there is a city ordinance addressing the number of unrelated members in a household. 2. How many cars per unit? Thorvig said 2 spaces in the garage and two spaces on the driveways. 3. Where will company park? Thorvig said, in addition to the driveway parking, there are 87 additional parking spaces on the streets throughout the development. 4. Where will the children play? He was reminded this development is next to Huset Park. Thorvig also explained that experience shows that very few children are usually in developments of this type. 5. How may units are in the development? Thorvig responded 118 carriage homes and 40 townhomes. Peterson stated that this is a new concept for our community, but the east coast and west coast have been doing this for some time. Compact use of space is a trend that is desired by a larger number of people all the time. Steve Jonak, a business owner from 533 3ih Ave, pointed out that the dates were wrong on the notices mailed out to affected property owners. He voiced his concern for the high density use ofthe 28 acre site and the lack of privacy for families and lack of play areas for the children. He thinks the use ofthe property is too intense, with rows and rows of homes, and it will cause the crime rate to rise. He is concerned whether the properties will be able to be maintained properly and remain attractive for resale. Thompson stated that the commission is making the best decisions it can based on the decision the City Council has made regarding the re-development of this site. The owner from 555 38th Avenue questioned whether 38th Ave will remain a dead end street. She was told there are no present plans to change that. Motion by Thompson, seconded by Peterson, that the Planning Commission approve the site plan based on the following conditions. 1. The Planning Commission prior to issuance ofbuilding permits reviews any major changes to the exterior elevations of the three-story carriage home units. 2. The vinyl siding be at least. 042 mm thick. 3. The mid-block sidewalk is continued through the block along with the construction of an east-west trail between the two-story units along with a tot lot. 4. The buildings and the private drives be set back 7-15 feet further from University Avenue to allow adequate landscape buffering. An acceptable detailed landscaping plan of the buffer area needs to be submitted and the fence detail should follow the guidelines above and be approved by the Community Development Director. PLANNING & ZONING COMMISSION MINUTES JULY 6, 2005 PAGE 15 5. Fire access issues are resolved to the satisfaction of the Fire Chief and City Engineer. 6. The Planning Commission review and select an alternative design for a 3rd unit type in either the 3 story Carriage Townhouse design or the 2 story Heritage Home design at a future meeting. All ayes. MOTION PASSED. Motion by Thompson, seconded by Schmitt, That the Planning Commission recommend the City Council approve the preliminary plat based on following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The development agreement must reflect an agreement between the City and the developer on what utilities and streets within the project will be the City's long-term maintenance and repair responsibilities. 2. The Common Interest Community documents clearly state the responsibilities of the City and homeowners association related to streets and utilities. 3. All street vacations (by the City) should occur concurrent or prior to the final plat approval (by phase) by the City Council and after MnDOT has rescinded their need for the approximately easterly 30 feet of the University Avenue service road right of way. 4. The Street names must be included on the final plat and follow 'Street' for North-South and 'Avenue' for East- West 5. All constnlction traffic must be controlled and shall be directed through the vehicle tracking pads, as indicated on the SWPPP plan. Due to the traffic volumes, frequent street cleaning may be necessary. 6. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 7. In areas of concentratedflow or where slopes exceed 3:1, silt fence shall be heavy duty (wire backed). 8. Under Erosion Control Notes, note 10, the 14-day requirement is a maximum for restoration as described. 9. Due to the Public construction of Huset Parkway and related timing/schedule, other erosion control devices may be necessary. A temporary sedimentation pond (or other approved means) shall be utilized until the offsite ponding is completed. PLANNING & ZONING COMMISSION MINUTES JULY 7,2005 PAGE 16 10. Wherever any of the proposed retaining walls exceeds four feet in height, the final plans shall include a wall designed by a registered engineer. The wall shall also have protective fencing at the top where the vertical height exceeds 48 inches. 11. Any site grading prior to final plat approval will require an excavation permit, obtained from the Engineering department. 12. An NPDES permit will be required, at the time of construction. The City also reserves the right to require additional erosion control measures during construction, as conditions warrant. 13. All restoration of turf areas in the Public ROW shall be by sodded with 4 inches of topsoil. 14. All streets, storm sewer, signage and striping serving the development shall be privately owned and maintained. 15. All utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 16. The developer must provide the City with locatable references for service lines, such as swing ties and GPS coordinates. 17. The final plans should provide detail and design information on the proposed method, such as a Stormceptor Chamber, or other approved means, as required by the City's Storm water Management Ordinance, to remove coarse-grained particles. 18. Additional 8" gate valves must be added in-line for isolation. 19. All sanitary service pipes shall be SDR 26 or Schedule 40 pipe. 20. All street signage shall meet MnMUTCD (latest version) requirements. For regulatory signage, the City requires VIP grade. Street name signs shall be a different color (for private streets), and must be approved by Public Works. 21. All sidewalks shall meet ADA requirements for pedestrian ramps and grade. 22. At final plan submittal, the developer must provide planlprofile sheets for the utilities. 23. The developer shall provide the City of Columbia Heights with as-built drawings of all newly constructed utilities, in both hardcopy and electronic (dwg) format. All Ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES MEETING OF JULY 6, 2005 PAGE 17 Attachment Industrial Area Redevelopment Design Guidelines Building Placement , Well designed front fayade facing the street Res. Buildings lO-20 ft. from sidewalk edge Articulation in front facades encouraged Primary Facades Pitched roofs One foot eves Building Width and Articulation Articulation through off-sets or different textures Building Ht. 2-4 stories Window and Door Openings 20% window and door openings in front 15% in sides Entries Face street or walkway Or linked by sidewalk to the street or courtyard Building Materials Required brick (33 to 38%), natural stone, precast concrete or block (integrally colored), jumbo brick, - 40%, lower third Glass for windows and doors Synthetic wood (fiber cement, Hardie board) resembling horizontal lap siding NO unadorned plain concrete block, tilt-up concrete panels, prefab steel or sheet metal panels, Aluminum, vinyl, for commercial and mixed-use), fiberglass asphalt or fiberboard masonite siding. Accent materials on 15% Front and rear should have similar materials Res. Permitted - vinyl, heavy gauge, deep colors of gray, tan, olive, blue, or red. Building Colors Complement surroundings, warm toned, 2 principal colors per fayade, Architectural Detailing Ornamental cornices, arched windows, warm-toned brick, bands of contrasting colors, CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2005-0704 John & Lillian Sarkinen 4446 Arthur St Partial Vacation of 45th Avenue NE PREPARED BY: Jennifer Haskamp, Consultant Pianner PLANNING & ZONING COMMISSION MINUTES MEETING OF JULY 6, 2005 PAGE 18 Introduction The Applicants, John and Lillian Sarkinen are requesting the vacation of a portion of 45th Avenue NE for the purpose of building an addition onto their garage. The northern property boundary adjoins the right-of-way owned by the city for the Minneapolis Water Treatment Facility. A portion of 45th Avenue NE west ofthe proposed area has already been vacated, and the applicant proposes continuation of the vacated right-or-way to extend across their northern property boundary. Planning Considerations The proposed partial vacation of 45th Ave NE will continue the vacated right-of-way east extending adjacent to the southern property boundary of the Minneapolis Water Treatment Facility. The right-of- way currently is not accessible and does not serve through traffic, or accommodate access points or garages. The proposed vacation will allow the applicant the opportunity to consider an addition to their existing garage. Vacating the right-of-way will not affect adjacent landowners or the existing traffic flow. All structures constructed on the vacated right-of-way will need to meet all necessary setback requirements, and will be reviewed prior to issuance of a building permit. Consistency with Comprehensive Plan The proposed vacation of 45th Ave NE is consistent with the Comprehensive Plan. The proposed vacation will not adversely impact the adjacent property owners or impact traffic flow. Consistency with Zoning Ordinance The zoning ordinance requires the property owner to have a certificate of survey completed for the portion of the vacated right-of-way and to submit a legal description. A certificate of survey was not submitted with the application. A survey of the proposed vacated area should be identified prior to approval of the vacation. The applicant discussed the proposed vacation of 45th Ave NE with the Public Works Department, and they fmd no objection to the vacation of the right-of-way on 45th Avenue NE. The Public Works Department provided the following legal description ofthe proposed right-of-way vacation: That part of southerly twenty (20) feet of adj acent vacated 45th Avenue between the northerly extension of east and west lines of North ~ of Lot 17, Block 2, Walton's Sunny Acres Addition to Columbia Heights Minnesota, Columbia Heights, Anoka Co. Findings of Fact The applicant has proposed the vacation of a portion of right-of-way that currently sits vacant and does not serve any use. Portions of 45th Ave NE have already been vacated due to the proximity ofthe right- of-way to the Minneapolis Water Treatment Facility. The proposed vacation will not adversely impact adjacent properties. There are no utilities or other public easements that are necessary on the property according to the Public Works Department. The proposed vacation of 20 feet will afford the applicant the opportunity to construct an addition onto their existing garage thereby improving the current home and lot. The proposed garage addition will need to be verified for setback requirements prior to issuance of a building permit. PLANNING & ZONING COMMISSION MINUTES MEETING OF JULY 6, 2005 PAGE 19 The applicant provided a legal description ofthe property and a list of adjacent property owners. The applicant did not provide a certificate of survey. Prior to approval ofthe vacation ofthe right-of-way the applicant should submit a legal survey to ensure that there is an accurate description ofthe property and the vacated right-of-way. Recommendation Staff finds that the proposed vacation is consistent with the Columbia Heights Comprehensive Plan and with the regulations stated in the Zoning Ordinance, and therefore recommends approval ofthe request for vacation ofthe right-of-way on 45th Ave NE conditional on the following: . That the applicant submit an official certificate of survey accompanied by a legal description. Peterson asked how the adjacent property owners receive the property. Is it a gift or do they pay for the vacated piece. Thorvig responded that it is usually at no cost to the adjacent owners. Peterson thought maybe other options should be explored that would have more benefit to others in the community such as a walking path along the water works, or a bike path, etc. Szurek felt there were other, more important things to spend money on. Schmitt thought it would be too costly to maintain this area if turned into a public path. She said it is a two block area that doesn't really go anywhere, and it would be more prudent to allow the adjacent owner to improve his property and maintain it. Todd Sarkinen-son of the owner, spoke for his father. He explained his father has maintained the property for 40 + years and that the area to the west has already been vacated and added to that property. His father would like to add on to his garage and is unable to do so without the vacated part being added to his parcel. The public hearing was opened. No one spoke on this issue. Motion by Fiorendino , seconded byThompson, to recommend that the City Council approve the request to vacate the right of way on 45th Avenue as submitted on the condition that an official certificate of survey accompanied by a legal description is provided by the applicants. Thompson, Fiorendino, Szurek, Schmitt- ayes, Peterson-Nay. MOTION PASSED. NEW BUSINESS None MISCELLANEOUS Peterson asked whether ill Badges were available for the Commission members. He said it would be helpful when he goes out to check on various cases that come before the commission. He was told that he could obtain one through our Police Dept. PLANNING & ZONING COMMISSION MINUTES MEETING OF TIlLY 6, 2005 PAGE 20 There was a discussion on Conditional Use Permits for the greenhouse/plant sales versus the Fireworks tents which obtain Peddler Licenses instead. Motion by Peterson, seconded by Schmitt, to adjourn the meeting at 10: 1 0 pm. All ayes. MOTION PASSED. Respectfully submitted, Shelley Hanson Secretary CITY COUNCIL LETTER Meeting of July 11,2005 AGENDA SECTION: Consent ~. ~A.3 ITEM: Approve one-time charitable gambling permit NO. to MN 90 Lightning Hockey Club ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE: June 23,2004 BACKGROUND The Minnesota 90 Lightning Hockey Club, 3440 Urbandale Lane, Plymouth, Minnesota, has submitted a request to conduct a one-time bingo event on August 13 and 14, 2005, at the Church ofthe hnmaculate Conception, 4030 Jackson Street N.E., Columbia Heights. ANALYSIS/CONCLUSION Since the organization satisfies the City Council resolutions regarding one-time charitable gambling and has paid the $25.00 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no obj ection to a one-time bingo event to be conducted by the Minnesota 90 Lightning Hockey Club at the Church of the hnmaculate Conception, 4030 Jackson StreetN.E., Columbia Heights, on August 13 and 14,2005; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. Attachments TMJ:mld 05-122 COUNCIL ACTION: Minnesota Lawful Gambling LG240B Application to Conduct Excluded Bingo (No fee) Page 1 of 2 11/04 Excluded bingo may be conducted by an organization that conducts40r fewer bingo occasions in a calendaryear, or in connection with a county fair, the state fair, or a civic celebration ifit is conducted on 12 or fewer consecutive days in a calendar year. If your organization has been licensed or exempted in the current calendar year, you are not eligible to apply for excluded bingo. Organization hiformation \-f()~\1e t\.)6 or permit number, if any state f\J Zip code SSl{3 County oKA Type of nonprofit organization (check one): D Fraternal D Religious D Veterans rsrOther nonprofit organization Type of proof of nonprofit - at:t;ach a copy (see instructions) . D Nonprofit Articles of Incorporation or Certificate of Good Standing - Minnesota Secretary of State's Office cs:r Internal Revenue Service D Affiliate of parent nonprofit organization (charter) Excluded Bingo Activity Information Has your organization held a bingo event in the current year? NO~ Yes_ If yes, list the dates that bingo was conducted D The bingo event will be one of four or fewer bingo events held this year. Date(s) of bingo event(s)--Atjl1 S+ \ 3 ~ ~_ \ 4~ A 005 -OR- D The bingo event will be conducted (up to 12 consecutive days) in connection with a: County Fair ----- Date(s) of bingo event State Fair ----------- Date(s) of bingo event Civic Celebration - Date(s) of bingo event A civic celebration is defined as an event conducted in Minnesota that is sponsored by a local unit of government having jurisdiction over the event. Name of person in charge of the bingo event Daytime phone Bingo equipment (hard cards, bingo paper, and bingo ball selection device) must be purchased from a distributor licensed by the Gambling Control Board. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors. Or call 651-639-4000. Premises Where Excluded Bingo Will Be Conducted Name of premises lA-'r~ County ~O ,- Date: Thank you for your $ donation and sponsorship of the MN "90" Lightning AAA Hockey Team. Your interest in the d~velopmentofthe MN . Hockey players is greatly appreciated. We will keep you posted on our progress. For you tax purposes, the tax exempt 10# is 41 -1833444. Please consider this letter as a receipt. =- ~incerelYJ Mike Schlager' MN "90" AAA Hockey Club Jun 13 05 02:12p Columbia Heights PD 7637063752 p.~- MINNESOT.A SECRETARY OF STATE 17208 NONPROFIT CORPOR~TION At'1NUAL REG1STRA..TION Minnesota Statutes Chapter 317A Must be filed by December 31 2002 No f~ is due READ INSTRUCTIONS ON BACK BEFORE COMPLE'l'ING TInS FORM "': TO: Minnesota Lightning Hockey Club 3440 UrbandaIe Ln N Plymouth MN 55447- CURRENT INFORMATION ON FILE: L Charter#: X IN-632 2. Corporate Name: Minnesota Lightning Hockey Club. 3, Registered Age:lrJ Registered Office Address: NONE 3440 Urbanclale Ln N Plymouth . MN 55447- 4, ::-lame and Address or the Corporate Presiden.t: Name: y}' ' ,r"'; /,~'c. ~ .",:." ..; :<. "i.~?''''''--fA+' .;;:-- J .!.-ry::: L / Address: 09.53 / ' ~4,t:.-/~~--:-- '/ ,/ --. I)....,.... - r--"/ ' City: r;. /e./-:)/ State: r//'Y7 Zip: 55-;./"3.2..- / 5. Does this corporation O'WD., lease, or have any financial interest in agricultural land or land capable of being farmed? _Yes vNo 6. Name and daytime telephone number and/or e-mail address of contact person for the corporation: Name: /7J, q{a.e L ~.AlL~ <<' L " (7Y'::- ) 6;;3/- cj. 7& 7 EX!. -2 c -'7 E-,Mail Address: NOTICE: F:illure to iiIe this form by December 31 of this ye:lr will result in the dissolution of this .ct>rporatiol1 without further notic~ from the Secretary oeState, pursuant tD Minnesota Statutes, section :317A.323, subdivision 2, paragraph (b). " N."I'l"ClC...,........u Rq. 6IIl1 Jun 13 05 02:12p Columbia Hei~hts PO 7637063752 p.6 ~ v ^ DE?ARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE KANSAS CITY MO 64999-- DATE OF THIS NOTICE: 03-25-96 NUMBER OF THIS HOTICE: CP 575 K - EMPLOYER IDENTIFICATION NUMBER: 41-1833444 FORM: 55-4 CTELE-TIN) 0950520120 0 MINNESOTA L!GHTNING HOCKEY CLUB /. LINETTE l BRANDT 3440 UR3ANDALE LN N PLYMOUTH MN 55447 FOR ASSISTANCE CALL US Ai: 644-7515 MNPLS.-ST. PAUL 1-800-829-1040 OTHER MN OR WRITE TO THE ADDRESS SHOWN AT THE TOP LEFT. IF YOU WRITE, ATTACH THE STUB OF THIS NOTICE. WE ASSIGNED YOU AN EMPLaYE~ IDE~ITIfICAiION NUM3ER CErN) Thank you for your Tele-Tnl phone call. loIe assigned you emplcyer iden-::ifica'tion number (CINj 41-1835444. This ErN will iden~iTY your business accoun"t, tax r~turns, and documents, even if you hav"e no amplcye.as. Please keep -this notice in your permanen~ ~ecQrds. Use your complete name-and EI~ shown above an all federal tax forms, payments, and related correspondence. If you use any variation in your name or EIN, it may cause a delay in processing, incorrect in~ormation in your account, or cause you to be assigned more than one ErN. If you want to receive a ~uling or a determination letter recognizing YOur organization as tax exempt, YOU should file Fa~m 1023/1024, Application for Recognition of Exemption, with your I~S Key- District Qf~ice. Publication 557, Tax E~empt Status for Your Or~anization, is available at mos~ IRS offices and has de~ails on how YQ~ can apply. If you haven't already completed Form 5S-4, Application for Employer Identification Number, we need yeu to do it now so your account record will be complete. You can get Form 55-4 at your local tRS oiiiee O~ by calling 1-800-TAX-FORM (l-80a~~Z9-3676). Arter you complete the Form 55-4, sign and data it and write your. new EIN, 41-1833444, in the upper right hand corner. Please return it to us with bottom part of this notice by 04-09-96. We've enclosed an envelope for your convenience. Thank you for your cooperation. Keep this part for your records. C? 575 K (Rev. 1-95) Jun 13 05 02:12p Columbia Heights PD MN OSS ~UBUC INFO Fax: 16* 7637063752 p.B Jul 23 '02 14:49 P.Co:: INSTRUCTIONS FOR COMPLETING THE iCN01jiICE OF CHANGE OF REGISTERED OFFICEJREGtSTERED AGENT" FORM , 'I 'I This form is used for changing' the l'9gistered offies address and/or registMred agent listed with the Office of the Secretary of Slate. Please read & of the d~rectiOn& before 1IIling out this fonn.1 ' . . . . ALin, ~ ~th f th ent'ity' ctIv' 't ' . ~ "I "_1 I'd .' nt b nt 'd ts ' II In e name 0 e exa a~ I ,appears In lI'.e ongrna~org;anl.LI]g ocume or SIJ ~ue amen men . . Une2 ' II ' The regfstered office adr1rP.~~ is the legal location for service" of process J,r notice(s) sent to the ermt,..' If you are ~g th~ form to change the registered office a<ldress, list the new address on this line, [The registered office address must be a complete street addrc=, or rural (oum AMtl rural box numbe~. A f)t'i"'t office box nur:nb81~ l10t acceptable. This.M.U.SI be a Minnesot:! address. Lin$3' " i R.eglster~t.I ~~I~ arc re:quiTe'd for fO~ign enti~:J but ~ptionaJ for MinLsoWl Imtities. The'r~i~tl'H'F;rl '1gAnt accepts service of prOC8SS or notica{s) serit to the entity. The registered agent must be ~ person residing in Minnesota. a Minnesota entity, Of a : 'foreign entity authorlzed 10 do l.Ju~illeas Tn this state. Do not list your eJtity noms on. this linG becauSQ :;a ~ntity may not :;let ~~ i~ ~~ ,I . , ' I f Minnesota Statutes require. that an officer or representatfve sign the f01' n1act person:., . ,~ ' Print the name and telephone number of the person who may be contaCted ifthere are any Questions aboutthia iiling. R9tum the c~mPlets~ form 'and S35.00 (For Profit Mjnnl~sota entitj~s) or SSG.no (for non4'\11innesota entities) flUng fee to: ' if ' Offics of the SecretalJY of ?tate 180 State Office BuildIng 100 ConstitutioJjAve.. , . St. Paul, MN 551~-1299 . . . , (651) 296-28 II All of the infurmatio~ on this form ;s pubUc and required i~ order 10 Droclss this filing. Failure to p~de the r~quested info~aticn will prevent the Office from approving or further processing this filing_ '1/ This . document' can be made available in alt~mative formats, sJ'ch as large print, Braille or audIo tape, by GaIliJ'lg (651 )2913-28a3No;ea. For Tf.Y communication, contact the Minnesota Relay Servica at 1-80Q..627-3529 and ask them to place a ,call to (651)296-:-2803. The Secretary of State's Office does not disdHminate on the basis of race, cre8<l. COlor, .sex, sexual . orient::llion. national origin. aoe: marital status, disability, religIon, relianc~ an public assistance or political opinions or affiliations in employment or the provision of services. . I ! Slg" the fonn : , -I '\ m ^. S (-!U . n, " 'i, ') U\l ' R e r. e I \J P.II ".~ I . J I I i Jf I t ! ( r t .1/' j i. 'I ' I I I i ,I ! I I I: II r ! f ! t I II . f 't. t Jun 13 05 02:12p Columbia Heights PD 7637063752 p.7 -; w. I llII I. I "D~ u.:>..> r'.J.t:lI.-':"_ J.1~ru 1.1..JJ. r <:1A . J.1J"" .JUl.!...J V~ J......~;' 1 N - Lfl'p) M1NNESOTA SECRETARY OF STATE NOTICe OF CHANGE OF REalSTERED OFFICE! II REGISTERED AGENT 'Please read the instructi~ns o~ 1he ba~ blre cOmpleting 1his form. 1. . Entity Name: II /?tnlf~~~~ Li'1#/'?/lT4 #~ey L?I ~ ~. : f . 'I . : . 2. R~gistered Office Addl'$" (No. & StrOgt): Ust a .=mplete Street 3ddrlJw or rural rotJte and rural rCXlte box J'lumbor. A post office box Is not acceptable. I.' , . 'bf5:Y ~d~y 7)... ~~cll-c y i Street /Cily ~ state Zip Code 3. Registered A9~ (Registered a9an~ are required for ;oraig~ entities ~ut optional for MinnMot3 entities): .' . ,I. II' MN 5~7'-:l;'- /I~;';' L- If you do not wish to designate an agent, you must list "NONE- in thisi:box. 00 NOT LIST THE ENTITY NAME. . , d ' . ~ . ~ . . . : . . il . .' I, In complienca with Minnesota Slatlites, Section 302A.123, 3Q3.10, 308A.025. 31iA.123 or 3228.135 I certify !.hat the above ....,ted company has resolved to chang!.! the entity's registered office 3lld/~~ agent as listed above. . .. II . " . t . 'ii' . '.' ! -' I certify tJ1at I am autl1crizad to execute this l10tica ana I further ,::grti~1 tha~ I understar:d that by signing ~his notice I am subject to 1 the pe",.:dlie.s uf ~t"jUl}' as sl:!l forth in Minnesota Sia'Ql[es S,"c~on 609.48 as if I had signea mrs notIce under oath. · .' . . . \1. ! \ I ! NameandTelephone'NumDerO(.icontactP'3rson:~c..A~~ 4A'L-4JE-t: (95;2.1 &&~-:: C. 7(; 7' . "~~ ;!;... [ ,.4.. f" ease Pi"" agllJIY i I ~~ F.., Fo, Om," MIM.'''''' Co",o,"o~. coop",._1 nd L,,;hn/ Ciabl'Oy Companlas: =.00. Minnesota Nonprofir Corporanons: No $35.00 fee is due unliiss you are adding or removing an agent. . ~.' . Non-MInnesota Corporation~: $50.00. . C'T.R.....,... ,..,'_ . 00. '. _ 11 . ..;1U\it VI:' MiNNESQ'~A Make checks payable to S~retary of state RI.ED - Rirlurn lu. Minnesota s8credry of State 'I 180 State Oroce Bldg. 100 Constitution AIle. H Sl Paul, MN 55155-1299 (651) 296-2803 II :1 JOjOVS Il-. noz ~2c2C~2'~ a..__ j;,.~L._h....;. .r~~~.'~~"", "iF" ~r .~,~.;~ ~ Secretary of State . i ~ . I i ! I ! II I. : I ' I ! [I .1 f I . J I The Church of the Immaculate Conception 4030 Jackson Street :--';orrheast. Columbia Heights. .\IN 5542].2<)2<) . rel (7(15) :--R8.<J062. t"ax \-:-Cl.') :--01).U2U2 June 21 st, 2005 The Minnesota Lighting Hockey Club will not pay more than $100.00 . for use of the Immaculate Conception Church facilities at the m:mual . . Fun Fest. taking place on August 13 and 14,2005. .~ /~C'~?~~~) Fr. Albert Backmann Pastor ..'ltj~ . I' lu 1005 iVv\f R / 0 5' 17.;~~~~~;1~9119 U~ cLfJ r'~~~ ~I ;"~5'. co V -:t:.uu r/ 11 '1 ~ B' A 1ll..TI2"" F NatlOl1aJ Bank .! L.~. !f-'I'....l "lI,n. 1 Maltlualte A_ue Minnesota's MoSI Convenient BankBM 6~~~~~ 55402 F":: !::~D~:; -~:? :~19 291;!4~:rr&~ MINNESOTA LIGHTNING HOCKEY CLUB 763-783-2980 636 99TH LANE BLAINE, MN 55434 Dollars 6J ,,,""" F~alufll~ t DI!la'.)5 <Ill ",," I 1i::s:mEss I t- TFJJJ.:Jl...! i:lI;ARLAND 200t CITY COUNCIL LETTER AGENDA SECTION: CONSENT 5: A. Lf) ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: DISTRIBUTION OF THE 2004 BY: WILLIAMELRITE By:&/;2;!- COMPREHENSIVE ANNUAL FINANCIAL REPORT AND THE INDEPENDENT DATE: 06/28/2005 AUDITORS REPORT FROM HLB TAUTGES REDPATH, LTD. NO: Meeting of: July 11, 2005 The 2004 Comprehensive Annual Financial Report along with the Independent Auditor's Report including the report on compliance with the Minnesota Legal Compliance Audit Guide for Local Governments was distributed to the City Council on July 8, 2005. It is staff's recommendation that the council schedule a meeting with the auditor to present a forn1al review of the annual audit and financial report. In the past there has been concern on the part of various council members as to the depth of review that the auditor should go into. So the auditor can adequately prepare for this meeting, I have recommended two motions. The first motion is to schedule a meeting with the auditor of approximately one hour in length for the auditor to present a thorough review of the highlights in the financial report and cover fund balances and the 2004 changes to fund balance in addition to going through all compliance findings, and recommendations and findings in the management report. The alternate motion would schedule a 3-1/2 to four hour meeting with the auditor whereby the auditor would provide a more detailed presentation of the Comprehensive Annual Financial Report and read to the council the information included in the report. The auditor and staff are comfortable with either presentation. Staff is recommending the first motion where the auditor covers the highlights of the report and responds to any questions from staff or council members. RECOMMENDED MOTION: Move to recognize that the 2004 independent auditors report from HLB Tautges Redpath, Ltd. including the Comprehensive Annual Financial Report for the City of Columbia Heights was distributed to council members and to schedule August 1,2005 at 7:00 p.m. as the date and time to meet with the auditor to receive a report on the highlights of the audit of the financial report, compliance findings, and the management letter. ALTERNATIVE MOTION: Move to recognize that the 2004 independent auditors report from HLB Tautges Redpath, Ltd. including the Comprehensive Annual Financial Report for the City of Columbia Heights was distributed to council members and to schedule August 1,2005 at 7:00 p.m. as the date and time to meet with the auditor to receive a detail (page by page) review on the audit of the financial report, compliance findings, and the management letter. WE:sms 0506284COUNCIL COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: Julyll, 2005 AGENDA SECTION: 5A.5) ORIGINATING DEPT.: CITY MANAGER NO: Consent Agenda Community Development APPROVAL 4 ITEM: Adopt Resolution 2005-40, A Resolution BY: Kirsten Partenheimer BY~Q/ Authorizing Application For A Development DATE: July 6, 2005 Grant Through The Livable Communities ~-P Demonstration Account Program Back2round: The purpose of this memorandum is to request authorization from the City Council to apply for a Livable Communities Demonstration Account (LCDA) grant to fund certain public improvements related to the construction of Huset Parkway and storm water pond, as part of the redevelopment of the industrial park. The total cost of the walking and biking trails, landscaping, pedestrian lighting and a pergola is $805,147, which equals the grant request amount. The City of Columbia Heights is a participant in the Livable Communities Act Housing Incentives Program for 2005 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Livable Communities Demonstration Account. The Metro Council will notify all applicants in early fall if they have received funding. Recommendation: Staff recommends approving the application for a Demonstration Grant through the Metropolitan Council's Livable Communities Demonstration Account Program. Recommended Motion: Move to waive the reading of Resolution 2005-40, there being ample copies available to the public. Move to adopt Resolution 2005-40, a Resolution Authorizing Application For A Demonstration Grant Through The Livable Communities Demonstration Account Program. Attachments: Resolution 2005-40 COUNCIL ACTION: RESOLUTION NO. 2005-40 CITY OFCOLUMBIA HEIGHTS, MINNESOTA RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS WHEREAS, the City of Columbia Heights is a participant in the Livable Communities Act's Housing Incentives Program for 2005 as determined by the Metropolitan Council, and is therefore eligible to apply for Livable Communities Demonstration Account funds; and WHEREAS, the City has identified a proposed project within the City that meets the Demonstration Account's purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council's adopted metropolitan development guide; and WHEREAS, the City has the institutional, managerial and financial capability to ensure adequate proj ect administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and WHEREAS, the City agrees to act as legal sponsor for the project contained in the grant application submitted on Julv 12th, 2005; and WHEREAS, the City acknowledges Livable Communities Demonstration Account grants are intended to fund projects or project components that can serve as models, examples or prototypes for development or redevelopment projects elsewhere in the region, and therefore represents that the proposed project or key components of the proposed project can be replicated in other metropolitan-area communities; and WHEREAS, only a limited amount of grant funding is available through the Metropolitan Council's Livable Communities Demonstration Account during each fimding cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to eligible projects that would not occur "but for" the availability of Demonstration Account grant funding. NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the governing body of the City: 1. Finds that it is in the best interests of the City's development goals and priorities for the proposed project to occur at this particular time. 2. Finds that the project component(s) for which Livable Commlmities Demonstration Account funding is sought: (a) will not occur solely through private or other public investment within the reasonably foreseeable future; and (b) will not occur within two years after a grant award unless Livable Communities Demonstration Account funding is made available for this project at this time. 3. Authorizes its City Manager to submit on behalf of the City an application for Metropolitan Council Livable Communities Demonstration Account grant fimds for the project component(s) identified in the application, and to execute such agreements as may be necessary to implement the project on behalf of the City. Passed this _ day of ,2005. Offered By: Second By: Roll Call: Mayor- Gary L. Peterson Patricia Muscovitz, CSM, Deputy City Clerk CITY COUNCIL LETTER Meeting of: July 11, 2005 AGENDA coN seNT ORIGINATING CITY MANAGER SECTION: DEP ARTMENT: APPROVAL NO: 5 A.~) Fire ITEM: Establish Hearing Dates BY: Gary Gorman BY:c4~ License Revocation, Rental Properties DATE: July 6, 2005 DATE: NO: ~ 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. Shirley Apollo.............................................................. .1132-34 45th Avenue NE. 2. Shahdi Hosain. ..............................................................1026 40th Avenue NE. 3. Sunshine Management. ............................................... ..1000 Peters Place NE. RECOMMENDED MOTION: Move to establish a hearing date of July 25, 2005 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Shirley Apollo at 1132-34 45th Avenue NE. RECOMMENDED MOTION: Move to establish a hearing date of July 25, 2005 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Shahdi Hosain at 1026 40th Avenue NE. RECOMMENDED MOTION: Move to establish a hea...ri..ng date of July 25,2005 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Sunshine Manae:ement at 1000 Peters Place NE. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: July 11,2005 AGENDA SECTION: CONSe:N'A ORIGINATING DEPT.: CITY MANAGER NO: 5. .7 License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson? ""- DATE: NO: BY: DATE: July 7,2005 BACKGROUND/ANALYSIS Attached is the business license agenda for the July 11, 2005 City Council meeting. This agenda consists of applications for Contractor licenses for 2005, and a License to operate an Ice Cream Truck. At the top ofthe 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. Ifnot submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for July 7,2005 as presented. COUNCIL ACTION: TO CITY COUNCIL July 11, 2005 *Signed Waiver Form Accompanied Application 2005 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *Mike Larson Plumbing *Kato Roofing 5120 Hooper Lake Rd, Deephaven $60.00 321 Lundin Blvd, Mankato $60.00 FOOD CATERING VEHICLE POLICE *E Z Ice Cream (pending Police Dept. approval) 761 124th Ln NW, Coon Rapids $50.00 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: cos STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number Il3LtOS in the amount of $ l, 700,2-::) I. Vf'1 . through 1 ! 3S 71 These checks have been examined and found to be legal charges against the CITY OF COLillv.tBIA HEIGHTS, and are hereby, recommended for payment. A~. · ~) 'I, I ACS FINANCIAL SYSTEM 07/07/2005 16:34:13 Check History CITY OF COLUMBIA HEIGHTS GL050S-V06.70 COVERPAGE GL540R **************;~**************************************************************** * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * **************;~**************************************************************** Report Selection: Optional Report Title.......07/11/05 COUNCIL LISTING INCLUSIONS: Fund & Account.............. thru Check Date.................. Source Codes................ Journal Entry Dates......... Journal Entry Ids........... Check Number............... . proj ect . . . . . . . . . . . . . . . . . . . . . Vendor. . . . . . . . . . . . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order.............. Bank....................... . Voucher .................... Released Date............... Cleared Date................ thru thru thru thru 113405 thru 113577 thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI J COUNCIL 02 P4 Y S 6 Lines CPI CP SP 066 10 Y Y ACS FINANCIAL SYSTEM 07/07/2005 16 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 BANK VENDOR Check History 07/11/05 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT BRADLEY REAL ESTATES INC CENTER POINT ENERGY CHISAGO LAKES DISTRIBUTI COLUMBIA HEIGHTS I GOVERNMENT FINANCE OFFIC GRIGGS-COOPER & CO HOHENSTEINS INC JOHNSON/DEBBIE JOHNSON/THOMAS M LANDWEHR/KELLY LANE/PAT MINNESOTA COACHES MN DEPT OF ADMINISTRATIO MN REC & PK ASSOC - MRP MOELLER/KAREN NUNEMAKER/MICHAEL & JOAN PETTY CASH - MARY DUGDAL PURTLE/DAVID QUALITY WINE & SPIRITS TDS METROCOM WELLS FARGO BANK WINDSCHITL/KEITH WINE COMPANY/THE XCEL ENERGY (N S P) AARP AASMUNDRUD/KAYE AJEWOLE/ANTHONY ARCOS/MARTHA ASNAKE/SEBLE BARNER/CATHERINE BEARD/DEANN BIXLER/BRANDY BLAHUT/LINDA BOUJNIKH/LAHOVCINE BREIT/DIANE BRICKER/SHERRI BULLOCK/COURTNEY BUTAU/HOLLI CHENEY/ROBERT CIESYNSKI/LISA COOK/BARB CROWN TROPHY DAVES SPORT SHOP DECOSTA/KELLY DORR/SHARON EDWARDS/JOVEDA FIELD/MATTHEW 113405 113406 113407 113408 113409 113410 113411 113412 113413 113414 113415 113416 113417 113418 113419 113420 113421 113422 113423 113424 113425 113426 113427 113428 113429 113430 113431 113432 113433 113434 113435 113436 113437 113438 113439 113440 113441 113442 113443 113444 113445 113446 113447 113448 113449 113450 113451 11,683.15 2,920.26 5,690.77 5,541.33 415.00 6,517.78 2,846.25 15.00 68.16 21.00 139.55 429.52 396.90 420.00 155.18 150.39 132.96 1,225.00 9,925.16 1,731.81 5,964.23 17.50 2,255.05 16,366.85 290.00 14.00 35.00 7.00 14.00 7.00 7.00 7.00 7.00 7.00 250.00 250.00 7.00 7.00 7.00 7.00 7.00 6.36 35.00 7.00 7.00 14.00 30.00 ACS FINANCIAL SYSTEM 07/07/2005 16 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 BANK VENDOR Check History 07/11/05 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT FRIDLEY LITTLE LEAGUE GESHICK III/JOSEPH GOPIE/DESIREE GUTIERREZ/ANGELICA PEREZ HAMMES/KELLY HANNON/DEBORAH HARDING/LISA HARRIS/KRISTINE HELDT/BILL HENRY P HENRY HOFFMAN/MARIE IVES/MICHELLE JOHNSON/PAMELA KANTOR/ROSEMARY KELLY/MINDY LIEDER/JENNIFER LINDER/LINDA MARCO, INC MATTSON/KRIS MILLION/PAULA MINTER/TERESA MN FIRE SERVICE CERTIFIC MOSER/PAMELA MOSSBERG/KRISTINA NAWROCKI/BETH ANN NEWBAUER/KATHY NEWBAUER/WADE NORTHEAST STATE BANK O'LEARY/MICHELLE OLD LOG THEATRE OWENS/CELINE PEARSON/ROBYN PETTY CASH - AMY JOHNSON PETTY CASH - KAREN MOELL PURTLE/DAVID RANNOW/LAURA RELLER/LIZ SALCHOW/CHERYL SCHENCK/CHRISTINE SCHIEFFER/BARBARA SCHULTZ/STEVEN SCOVILLE/CATHY SILVA/CHERYL SKOGSTAD/PATTI STELZER/LANA SYKE/TRICIA THOMAS JR/ JAMES 113452 113453 113454 113455 113456 113457 113458 113459 113460 113461 113462 113463 113464 113465 113466 113467 113468 113469 113470 113471 113472 113473 113474 113475 113476 113477 113478 113479 113480 113481 113482 113483 113484 113485 113486 113487 113488 113489 113490 113491 113492 113493 113494 113495 113496 113497 113498 245.00 7.00 7.00 7.00 14.00 7.00 7.00 7.00 14.00 7.00 7.00 7.00 14.00 14.00 7.00 14.00 50.00 125.72 7.00 7.00 14.00 450.00 14.00 7.00 7.00 7.00 7.00 1,300,000.00 35.00 1,890.00 15.00 7.00 115.68 199.93 1,550.00 7.00 7.00 7.00 7.00 7.00 7.00 14.00 14.00 7.00 193.44 14.00 230.00 ACS FINANCIAL SYSTEM 07/07/2005 16 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 BANK VENDOR Check History 07/11/05 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT TIEMANN/PATTI TWIN CITIES ABATEMENT TE VALLEYFAIR VAN GORDEN/DEB VERIZON WIRELESS WELTER/ROSE WIGGINS/SHERRY WINGER/CHRISTINE WOLNEY/SUSAN WOODARD/TRACY XCEL ENERGY (N S P) ZADLO/KIM WELLS FARGO - PAYROLL AC ACE HARDWARE AMERIPRIDE ANCOM COMMUNICATIONS INC ANOKA CTY - CENTRAL COMM BAKKEN/CHERYL BUILDING FASTENERS BUREAU OF CRIMINAL APPRE CADD/ENGINEERING SUPPLY CAMDEN PET HOSPITAL, INC CARLSON-PAP/MARY CATCO PARTS SERVICE CINTAS FIRST AID-SAFETY COLUMBIA HGTS-FRIDLEY KI COLUMBIA PARK CLINIC CYS UNIFORMS DAVIES WATER EQUIPMENT C DIAMOND VOGEL PAINTS ENTERPRISE NETWORK SYSTE FIDELITY SERVICES INC FLEX COMPENSATION, INC FRIDLEY-COLUMBIA HEIGHTS G & K SERVICES GENUINE PARTS/NAPA AUTO GOODIN CO. GREEN LIGHTS RECYCLING GRIFFIN PETROLEUM SERVIC H & L MESABI HARBOR FREIGHT TOOLS HOME DEPOT #2802 IKON OFFICE SOLUTION INTEGRATED LOSS CONTROL IPC PRINTING JINDRA/PATRICIA KENNEDY & GRAVEN 113499 113500 113501 113502 113503 113504 113505 113506 113507 113508 113509 113510 113511 113512 113513 113514 113515 113516 113517 113518 113519 113520 113521 113522 113523 113524 113525 113526 113527 113528 113529 113530 113531 113532 113533 113534 113535 113536 113537 113538 113539 113540 113541 113542 113543 113544 113545 7.00 2,100.00 1,890.00 14.00 183.12 6.00 7.00 14.00 70.00 7.00 3,232.00 7.00 259,595.65 25.68 57.13 157.20 551. 54 32.85 36.73 630.00 169.34 2,248.00 178.39 66.21 99.22 500.00 150.00 126.52 270.18 13 .33 2,500.00 4,884.61 178.50 500.00 648.16 404.12 3.62 714.85 170.00 1,735.57 7.43 125.57 262.32 319.00 96.68 35.00 1,985.90 ACS FINANCIAL SYSTEM 07/07/2005 16 BANK VENDOR Check History 07/11/05 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 BANK CHECKING ACCOUNT KUSTOM SIGNALS INC LAW ENFORCEMENT TARGETS MACTA MCCLELLAN SALES MEDICS TRAINING INC MENARDS CASHWAY LUMBER-F MIDWAY FORD MIDWEST ASPHALT CO. MIDWEST LOCK & SAFE MINNEAPOLIS SAW CO. MINNESOTA SOCIETY OF CPA MINNESOTA SOLUTIONS MN DEPT OF ADMINISTRATIO MOTION PICTURES LISC. CO MURZYN JR/DONALD J NATIONAL WATERWORKS, INC NORTH STAR INTL TRUCK IN OFFICE DEPOT OFFICE SUPPLY CONNECTION PRO-PAC PUBLIC AGENCY TRAINING C RADIO SHACK STAPLES BUSINESS ADVANTA STREICHER'S GUN'S INC/DO SUN PUBLICATION SYSTEMS SUPPLY INC. TAUTGES, REDPATH, & CO., TWIN CITY TRANSPORT & RE VALPAK OF MINNEAPOLIS/ST VERIZON WIRELESS VOGEL PAINT & WAX COMPNA KCEL ENERGY (N S P) 113546 113547 113548 113549 113550 113551 113552 113553 113554 113555 113556 113557 113558 113559 113560 113561 113562 113563 113564 113565 113566 113567 113568 113569 113570 113571 113572 113573 113574 113575 113576 113577 AMOUNT 78.90 6.39 35.00 44.73 300.00 241.06 292.65 2,086.49 25.03 68.07 248.00 400.00 37.00 178.00 35.00 9,343.32 617.62 11 7.48 35.97 294.73 450.00 452.60 570.99 599.95 437.95 236.81 13,000.00 72 .42 800.00 94.67 481.41 67.40 1,700,231.99 *** ACS FINANCIAL SYSTEM 07/07/2005 16 BANK VENDOR REPORT TOTALS: Check History 07/11/05 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 CHECK NUMBER .AMOUNT 1,700,231099 RECORDS PRINTED _ 000490 ACS FINANCIAL SYSTEM 07/07/2005 16:34:15 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 203 212 213 225 240 250 261 265 412 415 420 601 602 603 604 609 701 720 883 885 886 887 DISBURSEMENTS GENERAL COMMUNITY DEVELOPMENT FUND PARKVIEW VILLA NORTH STATE AID MAINTENANCE PARKVIEW VILLA SOUTH CABLE TELEVISION LIBRARY COL HGHTS AFTER SCHOOL ENRI TWENTY-FIRST CENTURY GRANT CONFISCATED/FORFEITED PROP CAPITAL IMPROVEMENT PARKS CAPITAL IMPRVMT - PIR PROJ CAP IMPROVEMENT-DEVELOPMENT WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR CENTRAL GARAGE DATA PROCESSING CONTRIBUTED PROJECTS-GEN ESCROW INVESTMENT TRUST FLEX BENEFIT TRUST FUND 41,312.74 1,778.19 520.00 278.40 260.00 972.60 3,202.32 36.00 2,558.68 241.88 2,100.00 1,706.30 2,197.80 12,116.72 1,792.09 2,754.85 464.88 51,238.08 7,451.53 7,001.66 473.12 251,236.92 1,300,000.00 8,537.23 1,700,231.99 TOTAL ALL FUNDS BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 1,700,231.99 1,700,231.99 CITY COUNCIL LETTER Meeting of July 1 L 2005 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ITEM: , A-t Second Reading Of Ordinance # 1489 Amending Ordinance 853, City Code 1977, Pertaining To Air Quality Standards BY: Gary Gorman DATE: July 7,2005 DATE: NO: All open fires in Columbia Heights are prohibited unless it meets the criteria of a permitted fire by this Ordinance. The Ordinance has been updated to allow fees to be charged for fire permits. Currently only festival bonfire permits has language which would allow us to charge a pennit fee. Recreational fire permits are the most common permits requested. In 2003, annual permits were started for recreational fires to eliminate the need for a new permit every time a resident wanted a fire. In 2003, 221 annual permits were given out. In 2004 the number had risen to 270 pennits. Through June 13,2005, 184 pennits have been given out. Al1l1ual permits are only good until December 31 of the year it is issued. Due to the large number of permits requested and the staff time to issue them, it is our intention to charge a fee for annual recreational pennits, along with bonfire permits and open bum permits. It is not our intention to charge a fee for the one-day only recreational fire permit. Pennit fees will not start until January 1, 2006 and will be set by a separate Resolution. The first reading was held on June 27,2005. RECOMMENDED MOTION: Move to waive the reading of Ordinance #1489, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance #1489, being an Ordinance amending Ordinance No. 853, City Code of 1977 pertaining to Air Quality Standards. CITY COUNCIL ACTION: ORDINANCE NO. 1489 BEING AN ORDINANCE PERTAINING TO AIR QUALITY STANDARDS The City of Columbia Heights does ordain: Chapter 8, Atiicle IV, Section 2 (8.402), of Ordinance No. 853, City Code of 1977, which currently reads as follows, to-wit: 8.402(1) Open Fire Burning. No person shall burn materials in an "open fire", that is, a fIre burning outside the confmes of a structure or container, or in a fIrebox, which is designed to control and contain a fIre, if the products or combustion create a visual, or odor nuisance in the air space of other property users. Except as provided in this ordinance and Minnesota Statutes, no burning shall be conducted which violates Minnesota's Clean Air Act. Violation of either or both standards shall constitute a misdemeanor under the City Code. 8.402(2) Permitted Fires A fire contained in a grill or barbeque designed for the preparation of food shall be a permitted fire under this subsection. The Fire Department is authorized to permit, "recreation fires"il!~~~Jt~lJJ'Z'fi;~ provided the resident fIrst provides notice to the Fire Department of its intent to have a"recreation fIre and there is no violation of the City's Air Quality Standards. A "recreation f ire means a fIre set for cooking, warming or ceremonial purposes, which is not more than three (3) feet in diaineter, the surrounding ground is clear of readily combustible materials for a distance of fIve (5) feet from the base of the fIre, there is a readily available and operable fIre extinguishing device, and there is a responsible adult in continuous supervision at the fIre. Violation of these "permission" requirements shall constitute a misdemeanor under the City code. The Fire Department is authorized to permit a "festival bon fIre", if requested by a State recognized agency or institution, such as an annual high school homecoming football celebration. Special conditions for the bon fIre may be imposed, such as the presence of fIre department personnel and e ui ment. a rovin the location of the bon fIre and the resence of adult su ervisors. The Fire Department is authorized to permit an open burn of timber and/or untreated lumber or debris when necessary to avoid ot abate a public hazard and there is no practical alternative to dispose of the materials, City Council concurrence of justifying circumstances is a condition precedent to the Fire Department's permit issuance. 8.402(3) Fire Depmiment Training. The Fire Department is authorized to conduct live fire training exercises, which are conducted in accordance with Minnesota Statutes and rules of the Department of Natural Resources and Minnesota Pollution Control Agency. Such exercises shall not constitute a violation of this ordinance. This Ordinance shall be in full force and effect JI@7.i~llli after t~1Trql~j!~Jits passage mJlllfl~~!~llt!l~w,. IS HEREWITH AMENDED TO READ AS FOLLOWS 8.402(1) Open Fire Burning. No person shall burn materials in an "open fIre", that is, a fire burning outside the confmes of a structure or container, or in a fIrebox, which is designed to control and contain a fIre, if the products or combustion create a visual, or odor nuisanc't';v.i:he air space of other property users. Except as provided in this ordinance and Minnesota Statlm;;~, no burning shall be conducted which violates Minnesota's Clean Air Act. Violation of either or both standards shall constitute a misdemeanor under the City Code. 8.402(2) Permitted Fires A fire contained in a grill or barbeque designed for the preparation of food shall be a permitted fire under this subsection. The Fire Department is authorized to permit, "recreation fIres" provided the resident fIrst provides notice to the Fire Department of its intent to have a recreation fIre and there is no violation of the City's Air Quality Standards. A "recreation f ire means a fIre set for cooking, warming or ceremonial purposes, which is not more than three (3) feet in diameter, the surrounding ground is clear of readily combustible materials for a distance offIve (5) feet from the base of the fIre, there is a readily available and operable fIre extinguishing device, and there is a responsible adult in continuous supervision at the fIre. Violation of these" ermission" re uirements shall constitute a misdemeanor under the Ci code. The Fire Department is authorized to permit a "festival bon fIre", if requested by a State recognized agency or institution, such as an annual high school homecoming football celebration. Special conditions for the bon fIre may be imposed, such as the presence of fue department personnel and equipment, approving the location of the bon fIre, and the presence of adult supervisors. The Fire Department is authorized to permit an open burn oftimber and/or untreated lumber or debris when necessarj to avoid or abate a public hazard and there is no practical alternative to dispose of the materials, City Council concurrence of justifying circumstances is a condition precedent to the Fire Department's permit issuance. 8.402(3) Fire Department Training. The Fire Department is authorized to conduct live fIre training exercises, which are conducted in accordance with Minnesota Statutes and rules of the Department of Natural Resources and Minnesota Pollution Control Agency. Such exercises shall not constitute a violation of this ordinance. This Ordinance shall be in full force and effect 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: ~f>('.nnilf>r1 hv' ~--~~--- -.I . Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of: July 11, 2005 AGENDA SECTION: PUBLIC HEARINGS NO: . fa . ORIGINATING DEPARTMENT: CITY MANAGER'S / fl ~~~E:LI~~~yL~,~.,~~10;f ( /(J I \ \j ,-" CITY MANAGER'S APPROVAL ITEM: Second Reading - Ordinance No. 1490 Recodifying the Columbia Heights City Code NO: The City Code was last codified in 1977. Several years ago, the City Council authorized entering into a contract with the League of Minnesota Cities and American Legal Publishing for the recodification and publication of the City Code. At that time, over 500 ordinances had been adopted by the City Council, which were to be incorporated into the code. That had not occurred on a consistent basis. That, along with the fact that the code needed to be reviewed and potentially revised to make it more clear cut and concise, incorporate modern and proper phraseology, and eliminate conflicts, ambiguities and repetitive provisions, resulted in the need for recodification of the City Code. Accordingly, the recodification does not represent any substantive changes. The 1977 City Code, and all ordinances passed since that time were submitted to American Legal Publishing for recodification. The draft recodified code was reviewed by League of Minnesota Cities staff, codification staff of American Legal Publishing, and the City Attorney. Additionally, the code was extensively reviewed by City staff, to ensure accuracy. Corrections, along with ordinances adopted since the draft recodified code was received, were submitted to American Legal Publishing. The final recodified City Code was received and distributed to the Mayor and City Council at the work session of March 15, 2004. The recodified code includes ordinances adopted through May 27, 2003. Adoption of the ordinance recodifying the City Code would incorporate all ordinances adopted through the effective date of Ordinance No. 1490. The first reading of this ordinance was held at the June 27, 2005, City Council meeting. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1490, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1490, Being an Ordinance Recodifying the Columbia Heights City Code. COUNCIL ACTION: ORDINANCE NO. 1490 BEING AN ORDINANCE RECODIFYING THE COLUMBIA HEIGHTS CITY CODE THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: WHEREAS; this ordinance shall be known, cited and referred to as the Columbia Heights City Code, and; WHEREAS; the Columbia Heights City Code, adopted on the date indicated herein, shall be available for viewing at City Hall, the Public Library, and on the City of Columbia Heights web site, and; WHEREAS; the Columbia Heights City Code contains all ordinances of the City of Columbia Heights, to the effective date hereof; whether or not those ordinances have been previously published, and; NOW, THEREFORE; 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: June 27,2005 July 11, 2005 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patty Muscovitz, CMC Deputy City Clerk/Council Secretary COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: July 11, 2005 AGENDA SECTION: PUBLIC HEARINGS ORlGINATING DEPARTMENT: CITY MANAGER'S NO: ~ fe. Community Development APPROVAL ITEM: Second Reading of Ordinance No. BY: Randy Schumacher BY:~ t- 1491, being an Ordinance Authorizing DATE: July 6, 2005 the Sale of Certain Land within the .~~ City. BACKGROUND: The City acquired title to all of Parcel G (Smith/Steel Tech) on June 1,2005, pursuant to the successful condemnation proceeding. The developer has reimbursed all costs associated with this acquisition. The resolutions ofthe City and EDA approving condemnati0l1 contemplate that the City will then convey title to the EDA. The contract for Private Development contemplates that the EDA will convey title of this property to the redeveloper. According to Section 110 ofthe City Charter, before the City may convey the property to the EDA, the City must adopt and publish an Ordinance. Ordinance No. 1491 allows the City to sell the subject property to the Columbia Heights Economic Development Authority for resale by the EDA in accordance with the terms and conditions of a contract between the EDA and Huset Park Development Corporation. RECOMMENDATION: Staff recommends Adoption of Ordinance No. 1491. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1491, there being ample copies available to the public. Move to Adopt Ordinance No. 1491, being an Ordinance authorizing the Sale of Certain Land in the City. Attachments COUNCIL ACTION: h: \Consent 2005\CL Ord.1491 450 38th 2St Readlng CITY OF COLUMBIA HEIGHTS ORDINANCE NO. 1491 AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN LAND IN THE CITY. THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN AS FOLLOWS: I. BACKGROUND The City is the owner of certain real property in the City of Columbia Heights as legally described on Exhibit A attached hereto (the "Subject Property"). Said real estate is located at 450 - 38th Avenue N.E., Columbia Heights, Minnesota. The City Council has determined that it is in the best interest of the City to sell the Subject Propeliy to the Columbia Heights Economic Development Authority ("ED A") for resale by the EDA in accordance with the terms and conditions of a Contract for Private Redevelopment between the EDA and Huset Park Development Corporation, a copy of which is on file with the City Clerk (hereinafter the "Contract for Private Redevelopment"). The Subject Property was acquired by the City in eminent domain proceedings for construction of Huset Parkway and for redevelopment by Huset Park Development Corporation. The legal description, which is attached, assumes the retention by the City of the portion of the condemned propeliy, which is necessary for construction of Huset Parkway. II. SALE OF PROPERTY 2.1. The Mayor and City Manager are authorized and directed to execute the deeds and related documents and take all steps necessary to effect the tenns thereof including the conveyance of the Subject Property to the EDA in order to facilitate transfer of the property by the EDA to Huset Park Development Corporation upon satisfaction by Huset Park Development Corporation of all terms of the Contract for Private Redevelopment. III. EFFECTIVE DATE 3.1. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted tIns _ day of ,2005. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk RJL-263598vl CL205-25 A-I EXHIBIT A PARCEL G (Abstract) (PIN No. 35-30-24-34-0002) (450 - 38th Avenue N.E.) Property Address: 450 - 38th Avenue NE, Columbia Heights, Minnesota 55421. Legal Description of Property to be Acquired: Lot 3, Auditor's Subdivision No. 50 Together with vacated and to be vacated streets and alleys accming thereto upon vacation and appurtenant easements if any. According to the map or plat thereof on file and of record in the office of the COlmty Recorder in and for Anoka County, Minnesota EXCEPT: That part of Lot 3, Auditors Subdivision Number 50, Anoka County, Minnesota which lies southeasterly ofthe following described line; Said line commences at the northwest comer of said Lot 3: thence south 89 degrees 55 minutes 31 seconds east, on an assumed bearing, along the north line of said Lot 3 a distance of 143.15 feet to the point of begimung of said line; thence southwesterly on a non-tangential curve a distance of 83.69 feet, said curve has a radius of 815.00 feet, a central angle of 05 degrees 53 minutes 02 seconds, a chord length of 83.66 feet and a chord bearing of south 38 degrees 02 minutes 41 seconds west to the south line of said Lot 3, and there terminating. According to the map or plat thereof on file and of record in the office of the COlmty Recorder in and for Anoka County, Minnesota. RJL-263598vl CL205-25 A-2 CITY COUNCIL LETTER Meeting of July 11, 2005 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ITEM: ,. . Close Hearing Rental License Revocation BY: Gary Gorman BY:/~ DATE: DATE: July 7,2005 NO: The matter ofthe revocation ofthe license to operate a rental unit(s) within the City of Columbia Heights against Maumer Sekizovic regarding rental property at 4640 Polk Street NE. for failure to meet the requirements ofthe Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of July 11, 2005. The public hearing on this property may now be closed in that the violations on the property have been corrected. RECOMMENDED MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Maumer Sekizovic regarding rental property at 4640 Polk Street NE. in that the violations have been corrected. COLUMBIA HEIGHTS CITY COUNCIL LETTER AG~NDA SECTION: NO: ITEMS FOR CONSIDERATION 7. c. l) ORIGINATING DEPARTMENT: Community Development ITEM: Approve Hiring of One Additional Staff member to Community Development Department BACKGROUND In January 2002, the City Council established goals for the Community Development Department to achieve. These goals centered on redevelopment, strengthening the tax base, improving the housing stock and improving the image of Columbia Heights. Since that time the redevelopment and housing activity has increased significantly. The redevelopment of the Kmart site and the Industrial Park are the two primary projects. In addition, the EDA has acquired and demolished a number of properties making redevelopment possible, such as Burger King, NEI, a gas station and a number of single-family homes. All of this activity has been very dependent on $3.8 million dollars of grant funds the City has received from the State, the Metro Council and Anoka County, which requires a significant amount of staff administration. BY: Robert Streetar DATE: June 29, 2005 In addition, there are many opportunities and challenges facing the City in the next few years. Two of the most significant opportunities are addressing the issues and concerns in the Heritage Heights Neighborhood, and facilitating the redevelopment of the west of 49th and Central. Additional opportunities include redeveloping 825 41st Avenue, 3ih and Central, 39th and Central, constructing a Community Center and acquiring non-conforming single-family homes on Central Avenue for commercial redevelopment. At the EDA meeting of June 28, 2005 staff presented the EDA with two options. The first option included maintaining the current staffing level and focusing on the industrial park, 39th and Central, Kmart and 40th and University redevelopments, as well as implementing a point of sale program. The second option was to add an additional staff person to help address the project under option one plus the issues and concerns of the Heritage Heights Neighborhood, as well as facilitate the redevelopment of the west side of 49th and Central Avenue. The cost for the additional person would be $68,000 annually. Funds to pay for this position for the next five years would come from increased revenues and expenditure savings in 2004 as well as anticipated increased revenues related to redevelopment activity, and as such would not result in a tax increase on residents. Subsequently, the EDA recommended to the City Council that the Council authorize this additional staff person to be hired subsequent to City Council approval. RECOMMENDATION: EDA recommends the City Council authorize one additional staff person to be hired as soon as possible to assist with a number of redevelopment and housing projects. RECOMMENDED MOTION: Move to Authorize, one additional staff person to be hired as soon as possible to assist with a number of redevelopment and housing projects. COUNCIL ACTION: city council\Consent200S\CL Approve Additional staff person2 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: July 11, 2005 NO: I}tC,~) ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROVAL AGENDA SECTION: Items for Consideration ITEM: Case #: 2005-0701, 134844 Yz Ave. NE BY: Jennifer Haskamp \t DATE: July 7,2005 <.jJ BY: BACKGROUND: An application has been made by Badreddin Alnizami, the owner of the property at 134844 Yz Avenue NE, for a lot split of the one parcel into three lots, A, B, and C. Mr. Alnizami proposes that the existing duplex (1348 and 1350) would remain on lot A. Proposed lots Band C would allow for the development of single family detached homes on each of the created lots. The lot split would allow for the resulting parcels to be in conformance with all City requirements including setbacks, lot coverage and lot size for single family homes in the R-2 zoning district. These requirements are detailed in the attached Council planning report. The Applicant has been made aware of the current moratorium on twin homes and has been advised that the two created lots will not afford the opportunity to develop a twin home on either lot. Section 9.410(4) of the Columbia Heights Zoning Ordinance requires that an application for a lot split be reviewed by the Planning and Zoning Commission which shall provide a report to the City Council either recommending approval or denial of the proposed lot split. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on July 6,2005 and voted to reco1Thllend City Council approval of the lot split as the created lots are consistent with City's Comprehensive Plan and zoning and subdivision standards. RECOMMENDED MOTIONS: Move to approve the lot split of 1348 44 Yz Ave NE into three lots, as the proposed lot split is consistent with the City of Columbia Heights Comprehensive Plan and meets the regulations of the Zoning Ordinance for the R-2 District, conditional on the following requirements: . That the applicant pay a park dedication fee in the amount of $5,542; and . That lot size and structure coverage of the existing duplex is provided. Attachments: Planninf{ Report to Council, Location Map, Certificate of Survey COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2005-0701 DATE: June 23,2005 TO: Columbia Heights Planning Commission APPLICANT: Badreddin Alnizami LOCATION: 1330/1334 & 135244 "h. Ave. REQUEST: Lot Split PREPARED BY: Jennifer Haskamp, Planner Introduction Badreddin Alnizami, the property owner of 1348 44 1/2 Avenue NE, has made an application to subdivide the current lot into 3 lots: A, B, and C, where lot A would have the existing duplex (1348 and 1350). The current lot has approximately 33,172 square feet, and is zoned R-2. The applicant would like to create two new lots on which a single family home or a twin home could be constructed provided adequate soil conditions and lot size requirements are met. The Applicant should be aware of the outstanding moratorium on the construction of twin homes that would prevent either of the created lots to have a twin home constructed. The lots could be developed for single-family attached homes given current zoning regulations. The moratorium expires on December 5, 2005. Planning Considerations Consistency with Comprehensive Plan The Comprehensive Plan designates this area as low-density residential emphasizing single- family detached and attached homes. The City would like to encourage redevelopment of vacant parcels into low-density residential uses to strengthen existing neighborhoods. The proposed lot split would allow for the construction of single family or a twin home on each of the lots, and the proposed development is consistent with the City of Columbia Heights Comprehensive Plan. Consistency with Zoning Ordinance The lot at 134844 "h. Avenue NE is zoned R-2 One and Two Family Residential and is surrounded on all sides by properties zoned R-2. The lot split meets all of the lot area, lot frontage and lot coverage requirements for the R-2 Zoning District. Section 9.903 of the Columbia Heights Zoning Ordinance regulates lot area, setback, height and lot frontage (lot width) requirements; and Section 9.603 regulates accessory structures and lot coverage. Applicable requirements are as follows: City of Columbia Heights Planning Commission 1348 & 1350 44 V2 Ave. NE June 23, 2005 Case # 2005-0701 Lot Size Minimum lot size shall be 6,500 sq. ft. for a single family home and 9,000 sq. ft. for a twin home. Currently, the lot at 1348 44 ~ Avenue NE contains approximately 33,172 square feet. The proposed lot split will create three lots called lot A, lot B, and lot C. The existing duplex is located on lot A and will be approximately 9,000 square feet. Proposed lot B will be approximately 10,000 square feet, and proposed lot C will be approximately 13,500 square feet. The materials submitted for review did not calucate the square footage on each of the proposed lots, so exact areas of the proposed lots is not known. Prior to approval of the subdivision, the applicant should submit the calculated areas for each of the proposed lots on a certificate of survey. Based on the information submitted, it appears that all three of the lots have adequate lot area for construction of either a twin home or a single-family home that would comply with the zoning ordinance. Lot Width Minimum lot width shall be 60 feet. Lot A will have approximately 80 feet of frontage, lot B will have 73 feet of frontage, and lot C will have 110 feet of frontage. All three lots, as proposed, meet the lot width requirements stated in the Zoning Ordinance. Setbacks Yard setbacks shall be as follows: Front yard - 25 ft; side yard - 5 ft.; rear yard - 20% of lot depth; detached accessory structures - 3 ft. from side and rear property lines. The existing duplex is outside of all required setbacks and will continue to be after the lot split. Any new structures that may be built subsequent to the lot split must also meet these requirements. Lots greater than 6,500 sq. ft. in area have maximum lot coverage of 30 percent. Currently, the lot at 1348 44 ~ Avenue NE has a lot coverage of 5 percent. After the proposed lot split lot coverage on lot A will be approximately 19 percent. Any new structures constructed subsequent to the lot split must meet the lot coverage requirement. Park Dedication The applicant is required to pay a park dedication fee is the amount of $5,452 for the two created lots. The park dedication fee must be paid upon final approval of the lot split. Findings of Fact The lot at 1348 44 ~ Avenue NE is zoned R-2 One and Two Family Residential and is surrounded on all sides by properties zoned R-2. The lot split meets all of the lot area, setback, frontage and lot coverage requirements for the R- 2 Zoning District. Section 9.903 of the Columbia Heights Zoning Ordinance regulates lot area, setback, height and lot coverage requirements and Section 9.603 regulates accessory structures and lot coverage requirements. Applicable requirements are as follows: . Minimum lot size shall be 6,500 sq. ft. for a single family home and 9,000 square feet for a twin home. Currently, the lot at 1348 44 ~ Avenue NE contains approximately 33,172 square feet. After the proposed lot split, lot A will contain approximately 9,000 square feet, lot B will contain approximately 10,000 square feet, and lot C will contain approximately 13,500 square feet. Lot A must have a minimum of 9,000 square feet to comply with the zoning ordinance. The lot areas should be verified and calculated prior to approval of the subdivision. However, based on the materials submitted each of the areas appear to meet the minimum lot areas. Page 2 City of Columbia Heights Planning Commission 1348 & 1350 44 V2 Ave. NE June 23, 2005 Case # 2005-0701 . Minimum lot width shall be 60 feet for all of the proposed lots. After the lot split, lot A has approximately 80 feet of frontage, lot B has 75 feet of frontage and lot C has 110 feet of frontage. All of the lots as proposed meet or exceed the lot width requirements. . Yard setbacks shall be as follows: Front yard - 25 ft; side yard - 5 ft.; rear yard - 20% of lot depth; detached accessory structures - 3 ft. from side and rear property lines. All of the setbacks of the existing duplex will continue to meet these requirements. Any new structures constructed subsequent to the lot split must also meet these requirements. . Lots greater than 6,500 sq. ft. in area may have a lot coverage of up to 30 percent: Currently, the lot at 1010 43 ~ Avenue NE has a lot coverage of 5 percent. After the proposed lot split, lot A will have a lot coverage of 19 percent. Any new structures constructed subsequent to the lot split must also meet the lot coverage requirement. . A park dedication fee in the amount of $5,452 at final approval of the lot split. Recommendation Staff finds that the proposed lot split is consistent with the City of Columbia Heights Comprehensive Plan and meets the regulations stated in the Zoning Ordinance for the R-2 district. Staff recommends the Planning Commission recommend that the City Council approve the lot split conditioned on: . That the applicant pays the park dedication fee in the amount of $5,452. Attachments . Certificate of Survey, May 10, 2005 Page 3 ".~. ----1 -- 166.199-tT ~.., - 1/1 ---- III ~J "'>"Road &: Utility Easemsnt-IJ-"'" ~ I p~r Doc. No. 3129 76 ~I l!3 ~ I ~~ :1 ~ ~ I ~ ~ ; .. I 'Ci8..... I \\ r 1'1,..... i ~~i I L\ ~ I ~, I ~~~ ~ 'I~ ~ ~~ ~ j .., h:'ag' I ~ ~ :tJ~~ r 0 ;1;,,-- 9.0 (;;:) ~i;j.s _!:M.~_____~._mC: w. - J' North line of the ~ 90' .: ~ F"enctJlsO.rsouth ,r-f~~Halfa( 11 I ~;~---74.00-.-----;:J of property line - '"\ . I. ' I Cha' li-k C'. 1/2- Ilfeglble CO" 'S I IP Hleglble cop I In" .Mce ' 't'" ~ " , 10xB o , 1 Fence Is 0.2' north ed Wood F""C"d 589 56 46 / W. 109.94 I ,r. af P"'Periy IIn. - - Sh I ~ _0_0 ' 'I / '" . - r-1.7 " . +~:- Chain/ink Ftfflctt IP Open I~": , (~I F"""" Is 0.4' south J . ~ NJ . S89a54'59"W /45.88' r ,( of property line - I ''''J ~ \ II I I ' I \ I ,r...., \ r \ o"J":> ,. - --'I- -1.0,' North lint! of the / I ~ I;' I ~ ....... rMcB Is on t t ,I I .J:\ L I I I North lint: of thtJ 'II - property Nos \ I .... -/ ~- I -South 135.00 fOet IlL -South J35.oo feet I V I ~ of Lot 47 I I of Lot ..f8 t Fence is 0.7' $outh. j:, I I A I r"\ I -'" /''\ I" of properly line ,.. I t~~~~./~~/~' 1 ! t 1/ t 'J,_ I J, : I ;,_ I I : I,:, EXCEP770N I I,) ~ I I,:, I I .,..1 ',.. : I I I I I : I -,.. I I I I : I I I I '1 r' -AddU/anal right-ot:-woy taking: I 1110 (P) 109.94- (C) .. _ I _ l1a.!!2-10g,82 (e) '~Q1L -.!1O (p) 109.9:!!!L- .,.-- -0 .-:.-.!!.o (P) 109.94i!!L- :--=-.J~ ~_., 74.00 (e) 7-1.13 (101) -:~"..'~ 88,6 (P) 88,55 (101) . ~._.. 255.70 I I _ ~." LS 14891 ______~_ _________L~-----~L----L~----~--- lot I I , I I I IT, ... I I I Lr I I I I 12 , 11 I" ! I I South line of DONEROWNG ADDlnON ~ , I lIP 11IlJg1ble cap !. l~ I ,- __1-1- I I ;;j I I __ ",",,1__ _ _ .1_-..._ _1- .. North ifnI! of Lots 33 through -19, 1 '- 11Q .... - Black 7, RE:SERVOIR HiLLS I ;;j' .::t~ ~=- /""\ ^ I r-J r""\ /'''\ I 1/\11--,1-('1 I \../ I V L._ I \ \./ - " , < , " ~.- ~ 709.94 It- IP {t/egible cop - ~ " I I I I I I I I I I I I I I I 1 I I I I I I -lc- -1_ i . ~ " i k - ("'-; I t-' r \-' I ' ~( E:. ~/ .,- I ' ~:) , -.. CERTIFICA TE OF SURVEY for Badreddin Alnizami t I I'I^ I/"'\ 1'/1/\11-. v I f v\../ I I I I I 1 , I <: A r... ~ I , I ~h (., I \ ~ , I I I I I I I I I " " - " t} -, I , < v -t , I , ,. I / -!~ I I I I ~ I I ... " .' ~./ 1 3'/4" IP .!!!!:!- I 709.82 I ,-- ~89'58'J4'E / / I~I,,- Rood &: Utility Easement per Doc. No. 312975 I I L-' ~~~ r _I Lr~ ~~ ~~ concnJtf! pad - on prcperty line .\U '" !!l l1 o <:) ~ ,~ . ,~} r.r..., '. ''t' D ~ ~ D ,g k \..~ --~ 44th A VE= NE " 1--_ co., --... -- LS WJgr 13'i 8 <-}'-+ Ih... AvL I ~. 3 '" ' :> o. ;)'-/ - 2-1 - 001 '-f vl"- r' 30 0 ry.- SCALE IN 30 I FEET SCALE: 1" 30' PROPERTY DFSCRIPnON (p~r captIon It'om Ab6traCt of Tltf.) Lot #1. l)'fn9 West of the East U. kttJt. e)(C(tf't the! south 135 ~t, and Lot 47 lying East of the Wl!st 73 mf!t. excspt the South 1.35 f1Jet. Block 1. RESERVOIR HILlS. Anoko County# Mlnnl!lSoto. (pm' Con\l!tj<J1JCl' of F'omlttld Land:!" Doc. No. 1659639) TDGE:7HER llf11l 7hot part of the Wtlst 73 feet of sold Lot 47 lying North of the South 135 frMt thefUof.1 (PtIt' ConliP...,nCtI of Fro""tfld Lands, Doc. No. 7659640) ALSO TOCE:1HER \\'IlH Lot 46, Block 7 of saId RESERVOIR HILLS, EXCEPT the South Ontl-Holf thereof. Subject to rood and utRlty tlo"f!mel1ts and all Clthf!r totJf!ments of record. Contaln!n9 0.96 Aenls, more or /t.tBS. BASIS OF' BEARING BlJorlngs used for this .unoey are aUlJm~. The! North line of Lots 33 through 49. 8/ocJc 1. RESERVOIR HILLS hos em assumfld bearing af Narth 89"58'34" East. ~ o . Dt!f1otas B!Jt ItrJn monument, cap no. 16095 .:.... Dttnnls D. PlJd~on, LS Dt!f1off!s fuuna Iron monument DtlnotfJB pOlllflr pD/fJ DemattlB guy wire Df!fIates tttlephMe ptJdtlStal Denotc:s C"Jtch basIn Denotes water valve Denotes hydrarlt 'U.> ..... I!I D I><l -Q o Denotes man~oIe Denotes Iron' monument set by/for Jamf!S Kurth, LS DenobtB iron 'monument set by/for Robert Sikich, LS LS 5332 LS 14891 . G Denatas TillS, Conlfernu!I Df!notes Shrub DMotes DVf!rhtKJd ff/ttCtric I_~"~~ Dtlnot"s bituminous surface I. .,; .:6 "':. ~ I Denotes CorIt:f1!te surface (P) Dtmotes plat dIstance (e) Dflnate$ computed d/stanctJ (M) D(I(Iotes m,osured dlstonce (j) Dtlflotes SuJ'1ll!fO"'s Nate number' SURVEYOR'S NOTE:S I. The retaining wall along th6 east lins of the subject property may belong to the adjoining property to the east If this is a concem. legal advice should be sought CJ) ........ ..c O'l 'Q) IZ :J .2 ~ ....J .DE >:. :c ........ :J C O::::-:J o 0 000 >4- CJ)058J 0 ~ t..q- (f) >. 0 " w:!::: c o...~o::::o<( z o ~ "- 1i: u In W o ~ o ~o 0::2: !~ ~~ ~ (!) >- <( !D lO~Z W " ;;:: ti: 8 ~ o !D 0 ~'" DE>. ~~:g ~ o.-g 0: ~~5:5 ?:o ~ " -. :E:g~E ;S~;: 5 ~ ]e g f.s -'or;::I:E .ce'~~'O t.o.. 'E r; ll) B ~~..9] E:I= ~-gVl ~~g ~:S ...l::ij.!::.E_ ~"'C..J 0 " ..q- to ..q- CJ)- ........ O~ ....J0 o 4-- oCO SHEET NO. [;]1] ~ ::E .~ ? ~-E~ tl~(f ~G:z &3ClW 5 ~.rt J ~ 10 r<) a a .... <: ci oZ r:. 8~ .! o o Z' oU U>~ a: ~ UlCI) QUI UlI- o.c:C ~O ""0 a:CI) c:C(I) (!)c:C o mea . ~~ I"' i'l'i' lri$ ;~ "'''' 15':" ~~ In ~~. g~ 5=rn t;i~ ~~. ~re m~~ ~~ O..JD:' CD'" j~~ ~~ 1 COLUMBIA HEIGHTS CITY COUNCIL LETTER AGENDA SECTION: Items for Consideration ORlGINATING DEPARTMENT: CITY MANAGER'S NO: "7. (" . 3) Community Development APPROVAL ITEM: Case #2005-0702, Approval of BY: Perry Thorvig pr BYk41i!- Three Street and Alley Vacations for DATE: July 7, 2005 the Park View Redevelopment Project Meeting of: July 11, 2005 BACKGROUND: Schafer Richardson has requested City Council approval to vacate part of 39th Street, part of 38th Street, and part of Lookout Place in the Park View Redevelopment Project. The attached maps show the locations. The planning staff report notes there are no objections from City staff, neighbors, or utility companies. The Planning Commission heard this matter on July 7,2005 and recommends approval ofthe vacations because the streets and alley are not needed for any public purpose. RECOMMENDATION: The Planning and Zoning Commission recommends that the City Council approve the requested vacations. RECOMMENDED MOTION: Move to approve the vacation of the streets and alley segment as requested by the applicant. Attachments COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2005-0702 DATE: July 6, 2005 TO: Columbia Heights Planning Commission APPLICANT: LOCATION: Ryla"nd/Shafer Richardson 1. Part of 39th Avenue NE east of 5th St. NE 2. 38th Avenue NE from University Avenue to 5th St. NE 3. Part of Lookout Place and part of an adjacent alley REQUEST: Vacation of the above streets and alley PREPARED BY: Perry Thorvig, Consultant Planner and Patrick Smith, AICP, Senior Planner INTRODUCTION The implementation of the master plan for the Park View project requires the assembly of property in several blocks. Once assembled, the new development will encompass the several blocks and extend across some existing streets. Those street and alley rights of way must be officially vacated by the City of Columbia Heights before construction can begin. BACKGROUND This is a request from the Shafer-Richardson development team to vacate the following: 1. Part of 39th Avenue NE east of 5th St. NE 2. 38th Avenue NE from University Avenue to 5th St. NE 3. Part of Lookout Place and part of an adjacent alley The vacations are necessary for the orderly and efficient development of the Park View housing development. ANALYSIS The surrounding property to the south of this project is industrial and residential. University Avenue forms the west border. Huset Park is to the east of part of the development and north of part of the development. City of Columbia Heights Planning Commission Park View Area Street and Alley Vacations July 6, 2005 Case # 2005-0702 All of the vacated streets will be incorporated into the 28-acre redevelopment site. The accompanying map shows where the vacated streets are located with respect to the development that is expected to be built on top of them. There are no utilities that have to be preserved in the respective rights of way. Kevin Hansen, Public Works Director, has reviewed the vacation requests and recommends approval. No one has objected to the proposed vacations. CONCLUSION The street and alley sections that are proposed for vacation are no longer needed for any public purpose and no one has objected to the vacations. RECOMMENDATION That the Planning Commission approve the proposed street and alley vacation requests. Attachments Location Map "- "I- ili)... ~~ ~~ ;~ ~~ ~S j~ 1...--- ~- ~. ~~ "'u w l~~ o. -~~ I l l 1 I -;i j :.: I 81 '" I I S89'5J"26.W ;- "'.28-_ , , , , , ! ! :{v... \ ~ \ ~ \ "', .>>--JO-J4-)1-o111 -YQ OS"._ S,r""O. \ '.9.>4- N89"53'26-c \- / --! 34.57, \ / \ "~ 91 92 v N '" f.. ..l :':--1 -,'. I ---::: -l , , , , 165 __-~- Oroinagc ond utilly eQscment ---;;-'/" a~ Lo~ _ 98 ~ 99 J88.99 " .,r~-S'. .' ".;:.S':~" . ,_:.::":._ 170 . '-' \:J'.' --192 JlE ETAl SHE T 1 86 87 88 89 '" 589'S6'OO'W 105 ~ 90; ~ ~:;L .. 133 134 ~:135 l"'iJi136 '" 1~~137 l~tJ138 ~'" 139 140 :JOY:JtF;;,rCE - 1 4.74 - o. 13 ,::~., \ I ~ " 124 60 l'.. ~ ,:s. t'Il ~.~ Oi" ~ ~2 fS VJ ~ ~ ~ ~ \I:l iE }<J : .~~ 5 """'Pi ~ ~r-.:: "I- ~ ~ ~ ~ bO c, Com. Prelimin I I f/ /1 L / jL ~l I E-(\ c)'f J\\..\.. ,/ \ ...-:;.. --:"'. " e'- 1\ \ " S8952'/O-c 136.60 IL 2~ J ,::~ I I ~. ,~:S.:~: ~ ..:.'0..J~}9[ ~ ~ocr: 7' ---:-RE.A -I; ~. ~ ,-:'.0 lla,~ ~ It ;: I. / . \': ~ '.' 1: ~ ocrea . ~ ,_ I.:~'''.'~ -r- - ~."-'>I >~' m " /,': lo?~~ /' -+.4 I ..j V I <P'.~ --::7r-~ ,.':. ",{,;~'/:<''':'I! - . ,nrpirloge cnd_.. i ,;::::':;~~81 75 16 15 60 ~j(j~. :.3: ::: i :~'. PI< g 293. 59 S89"58'32"w 1----- g' " ~ 9.i I fj I OJ '" OJ o I <t- ? , ) I / ,., __i:i ------ -t / /' / ~ ". /' t;= / ------~ V / !f:! / / / ~ ~/;:/_.: i;'; v ~ ~~~ / /'~ ~o;:: p:~' ({;:'.';_\'~ r /' /' ." ~- .~ tn / / ..I~:- ,- r;...a../>.ri;\9 /1 p.'l ~- ~..,'!,,,'O."u /" ~ /' '_'-'-<;\;~' ~::?i - .;: :.~.' ~~, r~~-:J~<J,~ ~~~.O\~~. x.. c.'0~)(~ ",Si:'~ ,,() _ ~~~ ",1~' ,,,,1~ ,"/>.* ':.' if 1:'~'v ~ p ",,,;;0'" \ ,,' "<-\.s <(.?' ()~ ~ ~ ~ .' ;:,; s" x~. 0 '0" 0' \~". ~ /: "",_<1" I o.,eM \,..i II I ~~ / .f<)f'/' eM" . ' SO",,,,. ~O\,,,,~e ~ ~~~~~ ,_~~e / P~ ;/ij.0':::.# ",_00'" /" ll?~~~ ':,oc'f.. '( / ~~/,~o/,"},br/' /' ::?W~ . .o\~' ?IO~ I \ s'l.. \\'(\ )... - ,'" . ' "O\,,,,~e,." , 'r '. o v,- ,', ,,:. ' t - /, ',. '" ,'p , ".' . ," ,. . ,o;n' ,~ ' .' ' "-_-1/ \ '... I · " nO" of b' ',' ,- ' ~-\ ' ,'.' p hwes' eg'nn;n - ' ,-..' , ' ' o co, 9 , ,,<. ,'.' ' o ;, (lJ ner 81 y..... .......' '" .S ,ock " ' ' I - ' " ' ^". ' . ,~, .. Ci-'- <', ) ;; " ,,' , ' . ..",- ' (lJ , ",,, '1.'" 1- / '(' " \.-'" " .",' ,,0- -<,' . " ~ ,', - .' . ,,'- .' '.., ' , _ J ?,'V 'iT r'" '/. I _I. \~,\:'...y:,... I" -' \(:-1 I.),'" ~- I,' ,- I ... . '(I '_J ,-' \ ( '" t.)... \ / ,'to ,"" I . . \\''...'~......... ,,1\ \ \ , / '" 1 i ~- ~- . : .-, 1-; " -- / "" " , / I I h ereb Lme or Y Cert. and Und Jfy th Sur e er my d9t this or U Irect nder th Sl K A e! Urt M. ~~ Kisch ... ,MN . L1cen s€ .. -... I I I L.I..1 --p t........ , ..-- .......t I I I L.I..1 .. --, , ~- --' c'.' --p , .... ..-- -.. I I I ... L.I..1 ..... .... ..... ..... -T- -.1.- e-'*.' , r, .... '-' -T- .. ~- -.1.- , ~-- , , -~- , " --p ", I , ,,,' ..-- --, &....- --' I I I ,,," L.I..1 &....- ..... ~-- ..... --p , ..-- --, --' "'-'" '" ;: "0 ci I- ::; I '" l"- I OJ en OJ o I ..;- o ./ o o I"- ./ '" ;: "0 ./ -' I OJ en OJ I ..;- o o E;Y- o c ..;- 0 ~ Ul __ "0 r-- a <D..c: o .~ 00:: '" Vacation Sketch # 2 ,- !r.p' ,- s< r, I 1"'" I ; 1-<. I I II K L..... L.._ "'... ........ I '- \ \.-/ ,..... ,., ~ A J" ..... ....'" .' ',' \ ' , \ -:~~ -(:~-, ^ .. I" I - '- I _-or '.,.- '_\ 1\11\1 - X ~........ '...,'.. I \ I ... I 't L. I \ ,.... J ,..." "'<"'i.,"\ ""...)\ \ - PIO # 35-30-24-31-0041 ..., ,..... I I '" .. r, I ^ I I I I I I I \/1 I- <. I 1\ ...."" ....'" L_ ....", I I L..... I ,-, I rr-f"1 '-I-r" ... -f t- - I I ..., t- -f I ...... I 11.._ I \..; I I I .....oJ ,,- Southwest Corner / Block 98 To be vacated by City of Columbia Heights ---, \ ....-- Northwest Corner Lot 1 1 A I Ii.... -.-,., r.... J r'" 1\ I II I I I I f-(' .... ,-, ,.... L.... I....... I' ...J "... t 'r....,..' 1\ , I ,..... I ..... I ,,,,.c;, I II \/ I ...... II ....J ....... LJ L.J I ., I.....J I PIO # 35-30-24-31-00 ~ --J I I -t PROPOSED DESCRIPTION FOR VACA nON: That part of 38th Avenue Northeast, as dedicated in the Plat of COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, lying west of the Southerly extension of the westerly right of way of Fifth Street Northeast and lying east of a line drawn from the Northwest corner of Lot 1, Auditor's Subdivision No 50 to the Southwest corner of Block 98, Columbia Heights Annex to Minneapolis. I hereby certify that th me or under my direct L~2 K'Grt M. Kisch, MN Licer ANOKA COUNTY, MINNESOTA Sub ject to easements of record, if any. .... ~ ":0 o..c: u c[J) ::>./ -, .. .., Vacation Sketch # 3 .-' f<.p\. .-' PID # 35-30-24-31-0041 /" 18.04-=-':::::- -... ...... ....... ,-<:' " ( \ ,,- I I ," ,....-, ':<r' _ \ ,...- \ , ..., r-- r.... -.- I ,... II. I 1-- Ie I 1--"'''' I II 11\1 l._' \ ..." t.._ I I 1".1 I " " ( \ __T \/ , ,,- , I - '\ (-{, \ \ I ,,_ , I ...........' , , " \ ,......'\ M:STERL Y EXTENSION OF NORTH UNE OF THE SOU' 1/2 LOT 10 "''' ....." I t I ~ .. r", I ^ I I I 1 I I I \/1 I- -<. I I \ ....", ....", L_ ..../ I I L-' I ,-\ .~~H ~ ~ To be vacated by the City of ~- Columbia Heights / -,./ ,., /1 I I , ...... . A' I \/1 I I I I PID # \ WESTE SOUTh NORTI- '" 3: "0 ti I- ::E I N r-- I co (J') co o I .... o / o o r-- / '" 3: "0 / -' I co (J') co I .... o o N E/ o c: .... 0 ~ en ., "0 r-- a l!)-C a.S:! 00:: N PROPOSED DESCRIPTION FOR VACATION: That part of Lookout Place and that part of the vacated alley, as dedicated in the Plat of COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, lying north of the westerly extension of the south line of the northerly 12.5 feet of Lot 11 and lying south of the westerly extension of the North line of the South half of Lot 10. ANOKA COUNTY, MINNESOTA Subject to easements of record, if any. I hereby certify that thi: me or under my direct La;?r ~ ~:- ~ , Kurt M. Kisch, MN Licen: ~ ~ _' 0 o-c u c:(J1 :>/ ..., .. c.:> COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: July 11,2005 AGENDA SECTION: Items for Consideration, t.C.t!J ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROVAL NO: ITEM: Case #: 2005-0704, 4446 Arthur Street NE BY: Jennifer Haskamp (\~ DATE: July 7,2005 \J BACKGROUND: The Applicants, John and Lillian Sarkinen have requested the vacation ofa portion of 45th Avenue NE for the purpose of building an addition onto their existing garage. The northern property boundary adjoins the right-of-way owned by the city for the Minneapolis Water Treatment Facility. The portion of 45th Avenue NE to the west of the Sarkinen property has been vacated, and the applicant proposes the continuation of the vacated right-of-way to extend across their northern property boundary. Section 9.409(4) of the Columbia Heights Zoning Ordinance requires that an application for a vacation be reviewed by the Planning and Zoning Commission which shall provide a report to the City Council either recommending approval or denial of the proposed lot split. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on July 6,2005 and voted to recommend City Council approval of the vacation as the request is consistent with City's Comprehensive Plan and zoning standards. RECOMMENDED MOTIONS: Move to approve the request to vacate the right-of-way on 45th Avenue NE as submitted, on the condition that an official certificate of survey, accompanied by a legal description, is provided by the applicants. A I Pi R c 'lL OM ttac llnents: anninJ!. eTJort to ounCl, ocatlOn aTJ COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2005-0704 DATE: June 23, 2005 TO: Columbia Heights Planning Commission APPLICANT: John and Lillian Sarkinen LOCATION: 4446 Arthur Street NE REQUEST: Partial Vacation of 45th Avenue NE PREPARED BY: Jennifer Haskamp, Planner Introduction The Applicants, John and Lillian Sarkinen are requesting the vacation of a portion of 45th Avenue NE for the purpose of building an addition onto their garage. The northern property boundary adjoins the right-of-way owned by the city for the Minneapolis Water Treatment Facility. A portion of 45th Avenue NE west of the proposed area has already been vacated, and the applicant proposes continuation of the vacated right-or-way to extend across their northern property boundary. Planning Considerations The proposed partial vacation of 45th Ave NE will continue the vacated right-of-way east extending adjacent to the southern property boundary of the Minneapolis Water Treatment Facility. The right-of-way currently is not accessible and does not serve through traffic, or accommodate access points or garages. The proposed vacation will allow the applicant the opportunity to consider an addition to their existing garage. Vacating the right-of-way will not affect adjacent landowners or the existing traffic flow. All structures constructed on the vacated right-of-way will need to meet all necessary setback requirements, and will be reviewed prior to issuance of a building permit. Consistency with Comprehensive Plan The proposed vacation of 45th Ave NE is consistent with the Comprehensive Plan. The proposed vacation will not adversely impact the adjacent property owners or impact traffic flow. Consistency with Zoning Ordinance The zoning ordinance requires the property owner to have a certificate of survey completed for the portion of the vacated right-of-way and to submit a legal description. A certificate of survey was not submitted with the application. A survey of the proposed vacated area should be identified prior to approval of the vacation. The applicant discussed the proposed vacation of 45th Ave NE with the Public Works Department, and they find no objection to the vacation of the right-of-way on 45th Avenue NE. City of Columbia Heights Planning Commission 4446 Arthur St. June 23, 2005 Case # 2005-0704 (Letter dated June 21, 2005) The Public Works Department attached a legal description of the proposed right-of-way vacation. Findings of Fact The applicant has proposed the vacation of a portion of right-of-way that currently sits vacant and does not serve any use. Portions of 45th Ave NE have already been vacated due to the proximity of the right-of-way to the Minneapolis Water Treatment Facility. The proposed vacation will not adversely impact adjacent properties. There are no utilities or other public easements that are necessary on the property according to the Public Works Department. The proposed vacation will afford the applicant the opportunity to construct an addition onto their existing garage thereby improving the current home and lot. The proposed garage addition will need to be verified for setback requirements prior to issuance of a building permit. The applicant provided a legal description of the property and a list of adjacent property owners. The applicant did not provide a certificate of survey. Prior to approval of the vacation of the right-of-way the applicant should submit a legal survey to ensure that there is an accurate description of the property and the vacated right-of-way. Recommendation Staff finds that the proposed vacation is consistent with the Columbia Heights Comprehensive Plan and with the regulations stated in the Zoning Ordinance. Staff recommends approval of the request for vacation of the right-of-way on 45th Ave NE conditional on the following: . That the applicant submit an official certificate of survey accompanied by a legal description. Staff recommends the Planning Commission recommend that the City Council approve the request to vacate the before defined right-of-way on 45th Avenue NE. Attachments . Location Map . Letter from Public Works - June 21, 2005 Page 2 I i I -_m ! _ ____::-___::: ::::: ::___::-_::: ::-:C_ ::,,"'__~-_ ,~~-_~~"'-c:-::::::_-___ :::__-_____-:_-_-_-____----------------- j ~--h:'--- - - - --- - - - -, i i __________________~~: ~?-.- -m-~--m-m-----:::~---J City of Columbia Height CivicSight Map N ~ ~ CJ1 N ~ ~ <0 MAP LEGEND: ex WATER VALVE I"'WATER SERIIlCE .6. WATER PIPE fITTING @ WATER MANHOlE I'" WATER MAIN I'" WATER LINE i WATER FIRE HVDRANT " SEWER METER STATION @ SEWER MANHOLE @ SEWER UFT STATION I'" SEWER GRAVITY MAIN I'" SEWER FORCE MAIN DRAINAGE PIPE @ DRAINAGE MANHOLE o DRAINAGE CATCHBASIN , DRAINAGE d.EANOUT []WATER ~PARKS ;/ llMlTS...A o .J>ARCELS ,----- """- ~---=--------- / I ------------------------------------ ,/ I / / // " I , ( I 450 4446 4451 N ~ ~ CO 444 4438 4437 / 4435 4430 9 ,--1__ I - I r I r-I \ I ) L... I ~ I I I 4429 14432 / 1 Inch = 85 feel Map Date: 6/30/2005 I Data Date: March 2005 Sources: River's Edge GIS, LLC. 4420 4423 44:28 441'7 44:24 4408 .opyrlght@2004 . River's Edge GIS,IIC. CITY OF COLUMBIA HEIGHTS PUBLIC WORKS DEPARTMENT TO: PERRY THORVIG, ACTING CITY PLANNER FROM: KATHY JEAN YOUNG, ASSISTANT CITY ENGINEER,~L~ SUBJECT: 4446 ARTHUR STREET DATE: JUNE 21, 2005 The Public Works Department does not object to the vacation of that part of the 45th Avenue right-of-way as described below: That part of southerly twenty (20) feet of adjacent vacated 45th Avenue NE between the northerly extension of east and west lines of North Yz of Lot 17, Block 2, Walton's Sunny Acres Addition to Columbia Heights Minnesota, Columbia Heights, Anoka County, Minnesota.