HomeMy WebLinkAboutOctober 10, 2005 Regular
CITY OF COLUMBIA HEIGHTS
ADMINISTRA TION
lv[avor
Gary L. Petersoll
COllllcillllembers
Robert A. Williams
Bruce Nawroc/d
Tammera Ericsoll Diehm
B/"lIce Kelzenberg
Citv Malla!!er
Walter R. Fehst .
590 40lh Avenue N.E.. Columbia Heights, MN 55421-3878 (763) 706-3600 TOO (763) 706-3692
Visit Dllr Website al: 1t'1t'1t'.ci.Co/lllllbia-/zeig/zls.J/lIZ.11S
The following is the agenda for the regular meeting of the City Council to be held at 7 :00 p.m~ on Monday,
October 10,2005 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 arrangements. (TDD/706-3692 for deaf or hearing impaired only)
1. CALL TO ORDER/ROLL CALL/lNVOCATION
Invocation by Father Al Backmann, hnmaculate Conception Church
2. PLEDGE OF ALLEGIANCE
3. ~A...DD!TIONS!DELETIONS TO rvIEETING AGENDA
(The Council, upon majoiity 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
1) Polish American Heritage Month
B) Presentations - none
C) Introduction of New Employees - none
D) Recognition - none
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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 September 12,2005 regular City Council meeting P7
MOTION: Move to approve the minutes ofthe September 12, 2005 regular City Council meeting as
presented.
2) Approve City Council Meeting Minutes for September 26,2005 regular City Council meeting P24
MOTION: Move to approve the ininutes of the September 26,2005 regular City Council meeting as
presented.
3) Accept Boards and Commissions Meeting Minutes
a) MOTION: Move to accept the September 6, 2005 minutes ofthe Public Library Board.
b) MOTION: Move to accept the October 4,2005 minutes ofthe Planning and Zoning Comm.
c) MOTION: Move to accept the August 29,2005 minutes ofthe Traffic Commission.
d) MOTION: Move to accept the October 4,2005 minutes of the Traffic COlIDnission.
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City Council Agenda
October 10, 2005
Page 2 of5
4) Establish Executive Work Session for labor contract negotiations - Mon. Oct. 24, '05 at 6:30 p.m. p60
MOTION: Move to schedule a City Council Executive Work Session for the purpose of discussing
labor contract negotiations on Monday, October 24,2005 beginning at 6:30 p.m. in Conference
Room 1.
5) Authorize the transfer of funds to Police budget to reimburse overtime fund P61
MOTION: Move to transfer $2,068 received from Unique Tlnift Stores, $763.75 received from
Columbia Heights High School activities, $3,911.50 received from the Summer Academy traffic
detail, and the $716.75 collected from Immaculate Conception Fun Fest, a total of $7,460, from the
General Fund to the Police Department 2005 budget under line #1020 Police Overtime.
6) Adopt Resolution No. 2005-54, being a Resolution certifying delinquent utility and miscellaneous P82
charges for collection with property taxes payable in 2006.
MOTION: Move to waive the reading of Resolution No. 2005-54, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2005-54, being a Resolution to celiify delinquent utility
and miscellaneous charges to Anoka County for collection with the property taxes payable in 2006.
7) Adopt Resolution 2005-55, being a resolution allowing extension ofthe lot split at 160041 st p88
A venue/4050 Tyler Street
MOTION: Move to waive the reading of Resolution No. 2005-55, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2005-55, a resolution approving a one-year extension to
Resolution No. 2004-68, for the recording ofthe approved lot split ofthe property at 1600 41st
A venue/4050 Tyler Street NE, subject to the following conditions of approval that are deemed
necessary to protect the public interest and ensure compliance with the provisions of the Zoning
Ordinance:
1. The applicant shall provide required utility and drainage easements for all newly created lots and be responsible
for the cost of filing and recording written easements with the Anoka County Recorder's Office.
2. The applicant shall pay a parkland dedication fee in the amount of$3,667 for the one newly created lot. This
fee is payable at the time of building permit.
3. The property OViller of 1600 41st Avenue NE shall be responsibie for relocating the water line that currently
runs from the rear of the house to the alley. The line shall be rerouted out to 41st Avenue. The property owner shall
be responsible for the cost of this relocation. All applicable City requi1:ements regarding street excavation shall be
met.
4. Upon approval of a minor subdivision, the applicant shall be responsible for :f1ling the subdivision survey with
the Anoka County Recorder's Office. The minor subdivision shall become invalid if not flied with the Anoka
County Recorder within one (1) year of the date of the City Council action.
8) Approve Business License Applications P96
MOTION: Move to approve the items as listed on the business license agenda for October 10, 2005
as presented.
9) Approve Payment of Bills . P98
MOTION: Move to approve payment ofthe bills out of the proper funds as listed in the attached
check register covering Check Number 114464 thl"Ough 114582 in the amount of$I,269,276.80.
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City Council Agenda
October 10, 2005
Page 3 of5
6. PUBLIC HEARINGS
A) Adopt Resolution No. 2005-56 approving revocation ofthe rental housing license for 4125 2nd Street P105
MOTION: Move to close the public hearing and to waive the reading of Resolution No.2005-56
there being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2005-56, resolution ofthe City Council ofthe City of
Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section
5AA08(A) ofthe rental license held by Joe Kollasch regarding rental property at 4125 2nd Street NE.
B) Adopt Resolution No. 2005-57 approving revocation of the rental housing license for 4645 Washington
Street P 108
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2005-57,
there being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2005-57, Resolution of the City Council of the City of
Columbia Heights approving revocation pursuant to City Code, Chapter 5A, A1iicle IV, Section
5AA08(A) ofthe rental license held by Joe Kollasch regarding rental property at 4645 Washington
Street NE.
C) Adopt Resolution No. 2005-58 approving revocation of the rental housing license for 4644 Washington
Street P111
MOTION: Move to close the public hearing and to waive the reading of Resolution No.2005- there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2005-58, a Resolution of the City Council ofthe City of
Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section
5AA08(A) of the Rental License held by Joe Kollasch regarding rental property at 4644 Washington
Street NE.
D) Adopt Resolution No. 2005-59 approving revocation ofthe rental housing license for 4600 4th S1. P 114
MOTION: Move to close the public hearing and to waive the reading of Resolution No.2005-59,
there being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2005-59, a Resolution of the City Council of the City of
Columbia Heights approving revocation pursUfu'1t to City Code, Chapter 5A, P.liicle IV, Section
5AA08(A) of the rental license held by Lany Wakeman regarding rental property at 4600 4th Street
NE.
E) Adopt Resolution No. 2005-60 approving revocation ofthe rental housing license for 4515-17 Fillmore
S1. Pl17
MOTION: Move to close the public hearing and to waive the reading of Resolution No.2005-60,
there being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2005-60, a Resolution of the City Council of the City of
Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section
5AA08(A) of the rental license held by Troy Mlenar Regarding Rental Property at 4515-17 Fillmore
Street NE.
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City Council Agenda
October 10,2005
Page 4 of 5
7. ITEMS FOR CONSIDERATION
A) Other Ordinances and Resolutions
1) Second reading to adopt Ordinance No. 1498, being an ordinance authorizing to convey certain real
estate located at 3955 University Avenue and 3947 Lookout Place P120
MOTION: Move to waive the reading of Ordinance No. 1498, there being ample copies available to
the public.
MOTION: Move to adopt Ordinance No. 1498 being an Ordinance amending Ordinance No. 1490,
authOlizing to convey certain real estate located at 3955 University Avenue and 2947 Lookout Place.
2) First reading of Ordinance No. 1499, vacating a portion of 45th Avenue NE P123
MOTION: Move to waive the reading of Ordinance No. 1499 there being ample copies available to
the public.
MOTION: Move to establish a second reading of Ordinance No. 1499, vacating a pOliion of 45th
Avenue NE for Monday, October 24,2005 at approximately 7:00 p.m. in the City Council
Chambers.
3) First reading of Ordinance No. 1500, vacating a portion of Lookout Place P129
MOTION: Move to waive the reading of Ordinance No. 1500, there being ample copies available to
the public.
MOTION: Move to establish a second reading of Ordinance No. 1500, vacating a portion of
Lookout Place for Monday, October 24, 2005 at approximately 7:00 p.m. in the City Council
~~~. '
B) Bid Considerations -none
C) Other Business
1) Approve Preliminary Plat and three variances for Sarna's Addition - Case #2005-1001 P143
MOTION: Move to approve the Sarna's Addition Preliminary Plat, subject to the 21 stated
conditions as approved by the Planning Conunission.
M OTI ON: Move to approve the 10- foot front yard setback variance for hard surface parking for
Sarna's Addition.
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monument sign for Sarna's Addition.
2) Approve agreement with Dahlgren, Shardlow and Uban - planning Heritage Heights area P 163
MOTION: Move to approve an agreement between the City of Columbia Heights and Dahlgren,
Shardlow, and Uban for planning ofthe Heritage Heights neighborhood; and furthennore to
authorize the Mayor and City Manager to enter into an agreement for the same.
8. ADMINISTRATIVE REPORTS
A) Report ofthe City Manager
B) Report ofthe City Attomey
9. CITIZENS FORUM
At this time, citizens have an oppOliunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state
, his/her name and address for the record.
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City Council Agenda
October 10, 2005
Page 5 of 5
10. COUNCIL CORNER
11. ADJOURNMENT
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PROCLAMA ON
POLISH AMERICAN HERITAGE MONTH - OCTOBER 2005
WHEREAS, October is Polish-American Heritage Month, which is a national celebration of
Polish Heritage. The Polish American Heritage Month Committee, founded in Philadelphia,
Pennsylvania, to bring attention to the contributions of Poles and Polish Americans to the United
States and world history is celebrating their Twenty-Fourth Anniversary; and
WHEREAS, in 2005, the 214th Anniversary of Poland's Constitution is being observed; and
WHEREAS, the City of Columbia Heights has many residents who take pride in their Polish
heritage, ancestry, and traditions. The Sister Cities' emblem at our Gateway Park is an
impressive reminder of our commitment to international friendship. We share the ideals of pride
and patriotism with all; and
WHEREAS, our Columbia HeightslLomianki, Poland, Sister Cities International Committee has
provided or sponsored various civic, educational, culttlral and humanitarian activities to promote
this special relationship since 1991; and
WHEREAS, an official delegation of seventeen Sister Cities' members visited Poland from
September 13-23, 2005. During our five days in our Sister City ofLomianki, we participated in
a full program of official and social events as guests of their City; and
WHEREAS, Highlights of our visit included the distribution of240 new wheelchairs we donated
to the needy in the Lomianki/Warsaw areas with the cooperation of the Kenn.eth Behring
Wheelchair Foundation and participation in Lomianki' sannllal impressive ceremony on
September 18th commemorating the heroic sacrifices ofthe WWII crew of the B-17 "I'll Be
Seeing You"; and
WHEREAS, this visit and travels to other areas of Poland enhanced our appreciation of Polish
history and culture. Our bonds of international friendship with Lomianki are stronger after
experiencing their remarkable hospitality.
NOW, THEREFORE, BE IT PROCLAIMED, that I, Gary Peterson, Mayor ofthe City of
Columbia Heights, Minnesota, do hereby designate October as:
POLISH AMERICAN HERITAGE MONTH
IN COLUMBIA HEIGHTS, MINNESOTA
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Mayor Gary L. Peterson
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
SEPTEMBER 12, 2005
THES; M!NUTES H/WE
NOT BEEN APPHOVEll
5~A-1
The following area the minutes for the regular meeting ofthe City Council held at 7:00 p.m. on Monday,
September 12, 2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN.
CALL TO ORDER/ROLL CALL/INVOCATION
Walt Fehst, City Manager, gave the Invocation.
Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson
Diehm, Councihnember Kelzenberg.
PLEDGE OF ALLEGIANCE - recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Mayor Peterson added 4A - Constitution Week Proclamation, Item 6A Abatement 4258 2nd Street, Item 6B
Abatement 4232 5th Street, and presentation by Jeff, Bobby and Steve's.
PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS
Proclamations
1) Columbia Heights Senior Proclamation
Mayor Peterson read the Proclamation and presented it to Karen Moeller, Senior Coordinator, and
the Seniors present. Moeller spoke of the 20th Anniversary celebration of the Senior Center. She
introduced the Seniors present that have helped with the organization ofthe celebration. She thanked
the Seniors and the community for their support. Moeller invited everyone to the upcoming events.
2) Constitution Week
Mayor Peterson read the Proclamation for Constitution Week, September 17-23, 2005.
Presentations
JeffBahe, Jeff's Bobby and Steve's Auto .World, stated that on August 26,2005 they held their first golf
tournament for the Columbia Heights Activity Fund and Autism Society charities. He listed the business
sponsors for the toumament. Through the effOlis of the vendors, he presented a check for $8,800 to the
Activity Fund for a community center. He stated that $8,500 was also donated to the Autism Society of
Minnesota. Peterson stated that Jeffs has raised funds for an ambulance for our Sister City hospital and
$3,500 for Wheelchairs For Peace. Peterson stated that on Saturday, September 1 ih, 240 wheelchairs
wOl,lld be distIibuted in Poland. He thanked Jeffs Bobby and Steve's Auto World for their donations.
Introduction of New Employees
Bob Streetar, Community Development Director, introduced Jeffioey Sargent as the new City Planner
and Kirsten Pmienheimer as the new Community Development Specialist. Both Sargent and
Pmienheimer listed their backgrounds.
CONSENT AGENDA
Fehst took Councilmembers through the Consent Agenda items: Fehst removed item #9 - Raffle. Nawrocki
removed items #3 and #5.
1) Approve City Council Meeting Minutes for August 22, 2005 regular City Council meeting
Motion to approve the minutes of the August 22,2005 regular City Council meeting as presented.
Noted: minutes in packet were not complete, with missing pages presented at the meeting.
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City Council Minutes
September 12, 2005
Page 2 of 17
2) Accept Boards and Commissions Meeting Minutes
a) Minutes of the July 26,2005 Economic Development Authority meeting
b) Minutes of the August 2, 2005 Public Library Board of Trustees meeting
3) Establish Budget Work Session meeting dates in Conference Room 1 - removed
4) Establish meeting with Heritage Heights neighborhood for September 28, 2005 at 7:00 p.m.
Motion to schedule a City Council and Helitage Heights neighborhood meeting for Wednesday,
September 28,2005 beginning at 7:00 p.m. in the City Council Chambers.
Fehst stated this would be to define the area to be considered for redevelopment and indicate Police
coverage through overtime. Nawrocki questioned a previous neighborhood meeting. Peterson stated
that the repOli was misstated, and there was not a plivate meeting.
5) Adopt Resolution No. 2005-43, being a Resolution adopting a proposed budget and levy, and set
heming date for property taxes payable in 2006. Removed.
6) Adopt Resolutions 2005-48 and 2005-49, being Resolutions accepting the bid for building
demolition, removal of contmninated soils and abatement of hazardous matelials in the Industrial
Park (Phase II)
Motion to waive the reading of Resolutions No. 2005-48 and 2005-49, there being ample copies
available to the public.
Motion to adopt Resolutions 2005-48 and 2005-49, resolutions accepting the low bid from Veit &
Company Inc. for the building demolition and removal of contmninated soil in the Industlial Park
(Phase II) in the amount of$497,035.00, Columbia Heights, MN and the low bid :fi:om Veit &
Company Inc. for the abatement/removal of hazardous materials in the Industlial Park (Phase II) in
the amount of$97,355.00, Columbia Heights, MN.
Nawrocki asked how much oHhis money has been spent. Fehst sta,tCld this is thefrrst of the funds to
be used.
RESOLUTION NO. 2005-48
RESOLUTION ACCEPTING BID FOR BUILDING DEMOLITION AND REMOVAL OF CONTAMINATED SOIL
IN THE INDUSTRlAL PARK (PHASE II), COLUMBIA HEIGHTS, MN
WHEP..E"A"S, pursuant to an advertisement for bids for t.l-te demolition of tl-te Mpls. Electric Steel Foundry and seven
outbuildings at 3800 5th Street in Phase II 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, MlNNESOT A:
1. The mayor and city manager are hereby authorized and directed to enter into a contract with Veit & Company Inc. in
the bid amount of $497,035.00 for the building demolition and removal of contaminated soil in the Industrial Park Phase
II area, according to the plans and specifications as outlined in the bid request dated September 8, 2005 and on file in the
office of Community Development.
2. The City staff is hereby autllorized and directed to return forthwitIl to all bidders the deposits made with their bids,
except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been
signed.
RESOLUTION NO. 2005-49
RESOLUTION ACCEPTING BID FOR REMOVAL/ABATEMENT OF RESTRICTED AND/OR HAZARDOUS
MATERIALS IN THE INDUSTRlAL PARK (PHASE II), MPLS. STEEL FOUNDRY, COLUMBIA HEIGHTS, MN
WHEREAS, pursuant to an advertisement for removal/abatement of restricted and/or hazardous materials on the Mpls.
Electric Steel Foundry property at 3800 5th Street in Phase II of the Industrial Park Redevelopment Plan; bids were
received, opened and tabulated according to law, anr.Se following bids were received complying with tIle
City Council Minutes
September 12, 2005
Page 3 of 17
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 city manager are hereby authorized and directed to enter into a contract with Veit & Company Inc. in
the bid amOlmt of $97,355.00 for the removaVabatement of restricted and/or hazardous materials in the Industrial
Park Phase II area, according to the plans and specifications as outlined in the bid request dated September 8, 2005
and on file in the office of Community Development.
2. 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 the next lowest bidder shall be retained until a contract has been
signed.
7) Adopt Resolution No. 2005-46, being a Resolution sUPPOliing Springbrook Nature Center
improvements and request for State financial assistance.
Motion to waive the reading of Resolution No. 2005-46, there being ample copies available to the
public.
Motion to adopt Resolution No. 2005-46, being a Resolution supporting the improvements to
Springbrook Nature Center and supporting the request to the State of Minnesota for financial
assistance.
Fehst stated this was requested by the City of Fridley and brought up by Councilmember Nawrocki
to support the request.
RESOLUTION NO. 2005-46
BEING A RESOLUTION SUPPORTING THE IMPROVEMENT TO SPRINGBROOK NATURE CENTER
ASSOCIATED WITH THE SPRING (SANCTUARY PROTECTION AND RENEWAL INTO THE NEXT
GENERATION) PROJECT AND SUPPORTING THE RQUEST TO THE STATE OF MINNESOTA FOR
FINANCIAL ASSISTANCE
WHEREAS, the Springbrook Nature Center park provides year-round opportunities to experience and learn about
nature; and is an environmental education center that serves school groups, community organizations and families; and
WHEREAS, the Springbrook Nature Center serves the people living in the north suburban area with enjoyable and
educational programs, hands-on exhibits and nature center facilities; and
WHEREAS, the Springbrook NatUre Center SPRING Project will enhance this park as a learning center for people from
the metropolitan area, provide space for education, health and wellness, community gatherings, celebrations, business
meetings; and
WHEP~.l~lLS, the Springbrook l'Jature Center Foundation is a local non-profit organization dedicated to supporting the
overall planning, development and management of the Springbrook Nature Center and is committed to taking the lead in
raising the $2.5 million matching funds for a State grant from private sources, with increased operating costs covered
through a combination of additional program revenue and funds from the Foundation; and
NOW THEREFORE, BE IT RESOLVED that the City of Columbia Heights supports the improvements included in the
Springbrook Nature Center SPRING Project and recognizes the positive impact this project will have upon the citizens
of the northern Twin cities metropolitan area.
BE IT FURTHER RESOLVED, that the City Council of the City of Columbia Heights supports the application to the
State of Minnesota for fmancial assistance with the Springbrook Nature Center SPRING Project.
8) Authorize 1?urchase of six Motorola XTL5000 radios from the State ofMN contract
Motion to approve the purchase of six Motorola XTL 5000 mobile radios from the State of
Minnesota contract in the amount of$20,133.12 (tax exempt) and to allow the City Manager and the
Police Chief to enter into a contract for the same, with funding to come from Homeland SecUl1ty
Grant #2009757 and forfeiture fund #265-42100-2010.
9) Approve application for raffle for the ColUlp~9a Heights Activity Fund - removed
City Council Minutes
September 12, 2005
Page 4 of 17
10) Establish a heming date of Monday, September 26,2005 for Public Special Assessment Levy
Hearing for 3730 Tyler Street
Motion to establish a heming date of Monday, September 26,2005 at 7:00 p.m. as the Public
Special Assessment Levy Hem'ing for City Project #0450 the abatement of nuisance violations from
the property located at 3730 Tyler Street NE. to be held in the City Council Chamber.
11) Approve Business License Applications
Motion to approve the items as listed on the business license agenda for September 12, 2005 as
presented.
12) 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 114079 through 114291 in the amount of$491,750.75.
Nawrocki questioned checks numbered:
114190, relocation of Kramer/Davis property. Streetar stated that the property is being acquired by
the City, with Community Development Block Grant funds, because it is pmi of the new
park/roadway.
114195 - Dahlgren Shardlow & Uban for July planning expenses. Streetar stated the $9,000 was to
pay Perry Thorvig ofDSU for planning services, which has been reimbursed by Shafer Richardson.
Under our new system, the Developer must pay for the work done for their project.
114223 HardIives Incorporated - $10,470. Fehst stated this is for the closure of University Avenue,
signal loops, and stIipping mld is paid for. Nawrocki requested a breakdown of the $10,000 and a
statement of industIial park development costs.
114253 North AmeIican System - $28,000. This exceeds the $15,000 limit the City Manager is
allowed to sign for. Fehst stated this was for a combination of purchases,
Motion by Nawrocki, second by Willimlls, to approve the Consent Agenda with the exception of items 3, 5,
and 9. Upon vote: All ayes. Motion carried.
(#3)Establish Budget V/ork Session meeting dates
Nawrocki stated that one-half hour per department is not enough time to cover each budget. Fehst stated that
items have not increased from last year except for cost ofliving, 20% increase in heating, and pension
benefit increases with consistent presentations by each department. Nawrocki suggested also meeting the
last week in September and first week in October to talk about the details.
Motion by EIicson Diehm, second by Kelzenberg, to establish Budget Work Session meeting dates to
review the 2006 budget on October 5, 26, 27, November 7,21 and December 5 beginning at 7 p.m.
Nawrocki repeated that the infonllation is lacking in detail and should be presented by the City Manager as
stated in the City Charter. Fehst stated he has been asked to include division heads in the discussion, and
that it would be ilTesponsible not to have those responsible for the details present. Fehst gave an example of
his past expeIience presenting budgets. Discussion included Nawrocki's displeasure with the budget
process and Fehst indicating his pleasure with staff and their work to maintain the City budget.
Peterson stated that Councilmember Nawrocki could go to staff with any questions on the budget.
Leonard Deming, 43rd and Jefferson, asked what CP.~i0111inants are being removed from the industIial area.
City Council Minutes
September 12, 2005
Page 5 of 17
Fehst listed a number of the contaminates and stated he could have the entire list available for review. The
first phase area has been cleaned. Dearing asked why the tennis cOUli was removed. Peterson stated the
intent is to improve the park, but plans have not been approved.
Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, aye (reserve the right to argue
the need for more time); Peterson, aye. All ayes. Motion carried.
(#5)Adopt Resolution No. 2005-43, being a Resolution adopting a proposed budget and levy, and set hearing
date for property taxes payable in 2006
Nawrocki stated that the budget infol1nation is inadequate and that using the $700,000 surplus fi.-om last year
would not require a tax increase. He refelTed to the difficulty for seniors to pay these increases. He
requested budget detail, not power point presentations. Nawrocki stated that the budget should have been
presented at a Council meeting in August per City Chmier. The budget should be adopted at a regular City
Council meeting in December when residents expect a meeting. Fehst stated that budget information was
sent to the Council prior to their last meeting in August and by Council request was placed on this agenda.
Fehst stated that cost factors were outlined to the City Council. The pledge for the HRA levy would be for
redevelopment in the Heritage Height neighborhood. The 5.5 percent increase is $3.04 a month per home.
The 7.6 percent would be by Council adoption pledging to economic development and would be $4.72 per
month per home.
Nawrocki stated the County would increase taxes by eight percent, the School District is holding a
referendum, and the other taxing districts will also increase taxes. Fehst indicated the increase would be
$109.58 a year for a $100,000 home.
Motion by Ericson Diehm to waived the reading of the Resolution.
Motion by Kelzenberg to adopt Resolution 2005A3 being a resolution adopting a proposed budget, setting
the General, Library and EDA proposed levy at $6,440,917, establishing a budget hearing date for property
taxes payable in 2006 for December 5,2005 at 7:00 p.m. in the City Council Chambers, approving a tax rate
increase, and approving the HRA levy of$161,366.
Ericson Diehm stated this motion would set the maximum cap. Kelzenberg stated that Council has not
discussed the budget and until we lmow the infol111ation, we should set the maximUl11 allowed. He stated he
is willing to discuss the budget at length. The City is in a financial bind with what we want to do with our
future. Kelzenberg stated that if residents are willing to invest $56 in their community, he has no problem
with it.
Kelzenberg seconded the motion to waive the reading of the Resolution. Upon vote: All ayes. Motion
carried.
Ericson Diehm seconded Kelzenberg's motion.
Nawrocki stated that when the maximum is set, it is not reduced. Fehst stated it was reduced a small amount
several yem's ago. Nawrocki stated that based on the surplus last year, we do not need more than a three
percent increase.
Motion to amend by Nawrocki, to reduce the $6,440,917 by 412 percent. Second by Williams. Upon vote:
Kelzenberg, nay; Williams, aye; Ericson Diehm, nay; Nawrocki, aye; Peterson, nay. 2 ayes - 3 nays.
Motion failed.
P.II
City Council Minutes
September ]2, 2005
Page 6 of ] 7
Peterson stated that at this point in time with unceliain gas prices, we should look at the proposed budget as
a safety valve. We have until December to bring it down. We made promises to the Heritage Heights
neighborhood and we can't fuUill them without funding. The surplus from last year would be well spent to
purchase propeliy in that area. Fehst stated he and the Mayor visited a city that used funds to redevelop and
benefit their city.
Williams disagreed with the Mayor, stating there were tough increases the last two years and this proposal
goes over the Manager's recommendation. He indicated the desire to go with the Manager's request.
Motion to amend by Nawrocki to suppOli the Manager's recOlmnendation, which would be a reduction of
2.5 percent. Second by Williams.
Elicson Diehm stated she could not vote in favor of this because of infonnation received on the need to
assist future redevelopment. The smaller increase would cut off that option and should be left as a
possibility until it can be discussed. She cOlmnended the Mayor for having vision and fmding ways to make
promises to residents.
Williams stated that we would go forward with redevelopment, even if we have to bond for the funds. He
suggested "taking it easy" on taxing our citizens for a year.
Nawrocki stated that it was an implied cOlmnitment to residents in the Heritage Heights neighborhood.
Fehst indicated the desire to purchase some property there, similar to the Sheffield project, and there would
be costs. He referred to the property from 46th to 4ih on Tyler.
N awrocld stated that we are still paying for the Sheffield redevelopment. He referred to extra policing costs.
Peterson stated $25,000 was approved for policing the area and only $7,000 has been used. He would like to
see the additional policing of this area continue beyond September 19. Nawrocki stated that other properties
in Columbia Heights also deserve attention. Peterson stated there is another problem area that is receiving
additional attention. He indicated that even at the Manager's proposed rate, we could still use excess funds
from last year.
Upon vote of the amendment to the motion: Kelzenberg, nay; Williams, aye; Ericson Diehm, nay;
Nawrocki, aye; Peterson, aye. 3 ayes - 2 nays. Motion carried.
Kelzenberg stated tllis would be a maximum of 5.5 percent, and might be short sighted. Vie should be
concemed to protect ourselves from crime in this area. There will be problems selling units in the
development next to this.
Upon vote of the original motion as amended: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye;
Nawrocki, aye; Peterson, aye. All ayes: :Motion carried.
Nawrocki suggested adopting the budget at the first regular Council meeting in December rather than
December 5th. Bill Elrite, Finance Director, stated the procedure used for the last ten years was to hold the
TlUth in Taxation meeting on the first Monday in December and budget adoption at the first Council
meeting in December.
RESOLUTION 2005 - 43
RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2006, SETTING THE PROPOSED
CITY LEVY, APPROVING THE HRA LEVY, APPROVING A TAX RATE INCREASE, AND ESTABLISHING
A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2006.
P.12
City Council Minutes
September 12, 2005
Page 7 of I 7
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA
HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights.
Section A. The budget for the City of Columbia Heights for the year 2006 is hereby approved and adopted
with appropriations for each of the funds listed below.
General Fund
Community Development Fund
Economic Development Fund
State Aid
Cable Television
Library
DARE Project
Infrastructure
Capital Improvement
Capital Equipment Replacement Funds
Construction Funds
Central Garage Fund
Liquor Operating
Liquor Capital/Non-Operating
Water Utility Fund
Sewer Utility Fund
Refuse Fund
Storm Sewer Fund
Data Processing
Debt Service Fund
Total Expense Including Interfund Transfers
Expense
8,315,313
815,185
246,331
123,161
204,228
636,521
5,375
156,932
2,365,000
277,861
1,615,000
524,014
6,804,682
6,212,361
2,068,862
1,548,249
1,377,165
312,544
268,840
2,060,496
35,938,120
Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds,
including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2006:
General Fund
Community Development Fund
Economic Development Fund
State Aid
Cable Television
Library
DARE Project
Infrastructure
Capital Improvements
Capital Equipment Replacement Funds
Construction Funds
Central Garage Fund
Liquor Operating
Liquor Capital/Non-Operating
Water Utility Fund
Sewer Utility Fund
Refuse Fund
Storm Sewer Fund
Data Processing
Debt Service Fund
Total Revenue Including Intprf"",d Transfers
P.13
Revenue
8,315,313
815,185
246,331
123,161
204,228
636,521
5,375
156,932
2,365,000
277,861
1,615,000
524,014
6,804,682
6,212,361
2,068,862
1,548,249
-1,377,165
312,544
268,840
2,060,496
35,938,120
City Council Minutes
September 12, 2005
Page 8 of 17
Section C. The following sums of money are levied for the current year, collectable in 2006, upon the
taxable property in said City of Columbia Heights, for the following purposes:
Estimated General Fund Levy
5,799,486
Estimated Library Levy
463,086
Estimated EDA Fund Levy
Total 2006 Levy
Section D. The City Council of the City of Columbia Heights hereby approves the Housing and
Redevelopment Authority Tax Levy for the fiscal year 2006 in the amount of $161 ,366.
84,965
6,347,537
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA:
That the public budget hearing is scheduled for December 5,2005 at 7:00 p.m. in the City Council
Chambers.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF
ANOKA, MINNESOTA: That the county auditor is authorized to fix a property tax rate for taxes payable in
the year 2006 that is higher than the tax rate calculated for the city for taxes levied in 2004, collectable in
2005.
BE IT FURTHER RESOLVED: That the city has adequate fund balances and reserves to pay all 2006
Bond principal and interest payments and the county auditor is authorized to cancel all Bond Levies for
taxes payable in 2006.
The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of
Anoka County, Minnesota.
(#9)Approve application for raffle for the Columbia Heights Activity Fund
Fehst stated this was removed fi.-om the consent agenda, as proceeds go to the Activity Fund, which was
initiated by the Mayor and Councihnember Williams to benefit athletics and other events, and they would
wish to abstain fi.-om the vote.
Motion by Nawrocki, second by Kelzenberg, 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 objection to a raffle
event to be conducted by Columbia Heights Activity Fund at Murzyn Hall, 530 Mill Street NE, Columbia
Heights, on November 26,2005; and furthermore, that the City of Columbia Heights hereby waives the
remainder of the thiliy-day notice to the local goveming body. Upon vote: Kelzenberg, aye; Williams,
abstain; EIicson Diehm, aye; Nawrocki, aye; Peterson, abstain. 3 ayes - 2 abstentions. Motion carried.
Fehst stated that he has never worked anywhere that sitting Councihnembers have raised so many funds for
the community.
Peterson stated the raffle is for a Polaris 4x4 All Terrain Vehicle. Tickets will be $10 each.
PUBLIC HEARINGS
Resolution No. 2005-51 - Abatement proceeding for 4232 5th Street
Fire Chief Gonnan gave the history of 4232 5th Street, resulting in the request for abatement. In 2004 there
was a garage fire on the property. The garage has been rebuilt. A complaint was received in February. The
owner did make improvements over the sununer and was given an extension in July, but the work has not
been completed.
Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005-51, there being
ample copies available to the public. Upon vote - 4:; 4es. Motion carried.
City Council Minutes
September 12,2005
Page 9 of 17
Nawrocki asked the City Attorney if proper notification had been given. Jim Hoeft, City Attomey, stated it
had.
Mr. Wiggins stated he was a scrap metal collector and referred to sorting through his large agate collection
following the garage fire. 2.S tons of debris have been removed from the property. He requested a two to
three week extension. He described the work completed on the propeliy. Hoeft refened to court action
against Mr. Wiggins. The process is not yet complete. The Inspection Department has worked with him on
clean up requirements. Williams suggested moving ahead with the abatement, allowing a three week
extension. Wiggins indicated that the court case items have been completed. Peterson described the
abatement process.
Motion by Williams, second by Kelzenberg, to adopt Resolution No. 200S-S1 , being a Resolution ofthe
City Council ofthe City of Columbia Heights declaring the property at 4232 Sth Street NE a Nuisance and
approving the abatement of violations from the property pursuant to City Code Section 8.602. with the
discretion ofthe Fire Cmefto stay the abatement until October 3rd. Upon vote: All ayes. Motion carried.
RESOLUTION 2005-51
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING ABATEMENT OF
ORDINANCE VIOLATIONS PURSUANT TO CHAPTER 8, ARTICLE VI, SECTION 1 OF CITY CODE, ORDINANCE
VIOLATIONS EXIST ON PROPERTY OWNED BY ALAl.J WIGGINS (h"'EREINAFTER "OWl'lliR OF RECORD").
WHEREAS, OWNER OF RECORD IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4232 5th STREET,
COLUMBIA HEIGHTS, MINNESOTA,
AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 8.602(1)(B), WRITTEN NOTICE SETTING
FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS SENT
VIA CERTIFIED AND REGULAR MAIL TO THE OWNER OF RECORD ON AUGUST 8, 2005.
NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF
THE CITY OF COLUMBIA HEIGHTS, THE CITY COill~CIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE
FOLLOWING:
FINDINGS OFFACT
1. That on May 31,2005 an inspection was conducted and four violations were noted. A letter detailing the abatement
procedure and a copy of applicable ordinance sections was sent by regular mail to the owner of record.
2. That on July 27, 2005, inspectors reinspected the property and noted that three violations remained uncorrected. A notice of
abatement and public hearing was mailed to the owner of record by certified mail.
3. That based upon said records of the Fire Department, the fonowing conditions and violations of City Ordinance(s) \vere
found to exist, to-wit:
A. FAILURE TO CORRECTRMC VIOLATIONS
1. Shall remove alllany outside storage from the property. Shall store in garage on shed. Items include, but are not limited to:
PLASTIC BUCKETS, MISCELLANOUS BLOCKS, LADDERS, WOOD, ETC.
2. Shall install address numbers on the garage.
3. Shall paint/seallstain the bare wood on the garage trim.
4. That all parties, including the OWNER OF RECORD and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code Section 8.602(1)(a) and 8.602(1)(b).
CONCLUSIONS OF COUNCIL
1. That the property located at 4232 5th Street is in violation of the provisions of the Columbia Heights City Code as set forth in
the Notice of Abatement attached hereto;
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hemings relevant to
the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occllpmlt, or tenant, as the case may be,
have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 4232 5th Street constitutes a nuisance pursuant to City Code.
2. That a copy of this resolution/order shall be served uPolp.15~levant parties and parties in interest.
City Council Minutes
September 12, 2005
Page 10 of 17
3. That any motion for summary enforcement shall be served upon all relevant parties and paliies in interest.
That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2
Resolution No. 2005-50 - Abatement proceeding for 4258 2nd Street
Gonnan gave the inspection history of 4258 2nd Street. The rental license was revoked in June. As oftoday,
two problems have been taken care of; the other seven remain.
Motion by Williams, second by Nawrocki, to waive the reading of Resolution No. 2005-50, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Nawrocki, to adopt resolution 2005-50,4258 2nd Street, approving
abatement of Ordinance violations, removing #7 and #9. Upon vote: All ayes. Motion carried.
RESOLUTION 2005-50
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING ABATEMENT OF
ORDINANCE VIOLATIONS PURSUANT TO CHAPTER 8, ARTICLE VI, SECTION 1 OF CITY CODE, ORDINANCE
VIOLATIONS EXIST ON PROPERTY OWNED BY MARK MKADA (HEREINAFTER "OWNER OF RECORD").
WHEREAS, OWNER OF RECORD IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4258 2ND
STREET, COLUMBIA HEIGHTS, MINNESOTA,
AND \VHEREAS, PURSUAl'IT TO COLUMBIA HEIGHTS CODE SECTION 8.602(1)(B), WRITTEN NOTICE SETTING
FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS SENT
VIA CERTIFIED AND REGULAR MAIL TO THE OWNER OF RECORD ON JULY 20, 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 June 23, 2005 an inspection was conducted and nine violations were noted. A letter detailing the abatement
procedure and a copy of applicable ordinance sections was sent by regular mail to the owner of record.
2. That on August 24,2005, inspectors reinspected the property and noted that the violations remained uncorrected. A notice of
abatement and public hearing was mailed to the owner of record by certified mail.
3. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance( s) were
found to exist, to-wit:
A. FAILURE TO CORRECT RMC VIOLATIONS
1. 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
8. Shall remove the misc. building matedals from along garage.
4. That all parties, including the OWNER OF RECORD and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code Section 8.602(1)(a) and 8.602(1)(b).
CONCLUSIONS OF COUNCIL
1. That the property located at 4258 2nd Street is in violation of the provisions of the Columbia Heights City Code as set forth in
the Notice of Abatement attached hereto;
2. That all relevant parties and parties in interest have been duly served notice of this healing, and any other hearings relevant to
the abatement of violations on the property listed above.
3. That all applicable dghts and pedods of appeal as relating to the owner of record, occupant, or tenant, as the case may be,
have expired, or such dghts have been exercised and completed.
ORDER OF COUNCIL
4. The prope1iy located at 4258 2nd Street constitutes a nuisance pursuant to City Code.
5. That a copy of this resolution/order shall be served upon all relevant parties and paIiies in interest.
6. That any motion for summary enforcement shall be selp i 6Pon all relevant parties and parties in interest.
7. That all service provided for herein shall be in accordL:_ ..ith Minnesota Statute 483.17, subd. 2
City Council Minutes
September 12, 2005
Page II of 17
ITEMS FOR CONSIDERATION
Other Otdinances and Resolutions
Second reading of Ordinance No. 1492, being and Ordinance of a proposed change to the City Chmier,
Chapter 7, Section 72, Bonded Debt and Debt Limit
Motion by Nawrocki, second by Williams, to waive the reading of Ordinance No. 1492, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motio.n by Nawrocki, second by Willimns, to adopt Ordinance No. 1492, amending Chapter 7,
Section 72, Bonded Debt and Debt Limit of the City Charter. Upon vote: All ayes. Motion carried.
ORDINA...NCE NO. 1492
BEING AN ORDINANCE AMENDING CHAPTER 7, SECTION 72 OF THE CHARTER OF THE CITY OF COLUMBIA
HEIGHTS PERTAINING TO BONDED DEBT AND DEBT LIMIT
The City of Columbia Heights does ordain:
Section 1: Chapter 7, Section 72 of the Charter of the City of Columbia Heights which cUlTently reads as follows, to wit:
BONDED DEBT AND DEBT LIMIT. Bonds may be issued by four-frfths vote of the council without the previous approval of
the voters of the said city, but subject to the referendum powers of the people, for the purchase of real estate; for new
construction; for new equipment; for all improvements of a lasting character; for the purchase or construction of public
waterworks or for the enlargement of the same and for the protection and distribution of the water supply; for the establishment of
public lighting, heating, or power plants, and for their acquisition and equipment by purchase or otherwise; for the acquisition or
construction. of street railways, telegraph or telephone lines, or any other public convenience from which a revenue is or may be
derived; for the creation or maintenance of a permanent improvement fund; for the purchase or erection of needful public
buildings; for establishing and maintaining garbage crematories, or other means of garbage disposal; for the establishment and
maintenance of hospitals, schools, libraries, museums, art galleries and cemeteries; for the construction of sewers, subways,
streets, sidewalks, pavements, culverts, and parks and parkways and play grounds; for changing, controlling or bridging streams
and other waterways within the corporate limits and constructing and repairing roads and bridges within two miles of the
corporate limits thereof; for the purpose of refunding outstanding bonds; for the purpose of funding floating indebtedness; and for
all purposes which may be authorized by the lilWS of the State of Minnesota; the right of the city to issue bonds under the
authority of any law heretofore and this section of the city's charter shall not be construed to limit the passed and adopted by the
State of Minnesota, but no bonds shall ever be issued to pay CUlTent expenses or to refund emergency debt certificates. The total
bonded indebtedness of the city shall never exceed ten percent of the last assessed valuation of the taxable property therein,
including monies and credits, but in computing the total bonded indebtedness, emergency debt certificates and certificates of
indebtedness. shall not be.included in or counted as part of the such.bonded indebtedneSEi, if (l).h('lld in a sinking fund maintained
by the city, (2) issued for the acquisition of equipment; purchase, construction, maintenance, extension, enlargements or
improvement of street railways, telegraph or telephone lines, water, lighting, heating and power plants, or either of them, or any
other public convenience, from which revenue is or .may be derived, owned and operated by the city, or the acquisition of
property needed in connection therewith; or for the construction of sewers, public drainage ditches, or the acquisition of lands, or
for improvements of streets, parks, or other public improvements, to the extent that they are payable from the proceeds of
assessments levied upon the property specially benefited by such ditches or improvements, or (3) for the purpose of anticipating
the collection of general taxes for the year in which issued. In no case shall bonds be issued to run for more than thirty years. The
purpose for which bonds are issued shall be set forth in the ordinance autllorizing them and the proceeds from such bonds shall
not be diverted to any other purpose.
Before any bonds are sold, there shall be a four-fifths vote of the council authorizing the issuance of the bonds by ordinance.
Following its passage, the ordinance shall be published at least once by publication in a legal newspaper having general
circulation in the city. The registered voters of the city shall have thirty days from the date of publication to initiate a referendum
on the ordinance authorizing the issuance. Subsequent to the passage of the authorizing ordinance, its publication, and the th:irty-
day period, the bond sale shall occur within sixty days. During said sixty day period, the City Manager shall have the authority to
establish a special meeting upon at least seventy-two (72) hours advance notice to each member of the cowlcil. At that special
meeting, the City Manager is authorized to receive the actual bides) or sale of the bonds to be negotiated. The actual award or
sale of the bonds shall be approved by a resolution passed by a four-fIfths vote of the council.
IS HEREWITH AMENDED TO READ AS FOLLOWS:
BONDED DEBT ANn DEBT LIMIT. Bonds may be issued by four-frfths vote of the council without the previous approval of
the voters of the said city, but subject to the referendum powers of the people, for the purchase of real estate; for new
construction; for new equipment; for all improvements of a lasting character; for the purchase or construction of public
waterworks or for the enlargement of the same and for the protection and distribution of the water supply; for the establishment of
public lighting, heating, or power plants, and for their acquj~;t;M and equipment by purchase or otherwise; for the acquisition or
construction of street railways, telegraph or telephone lines,P. 171y otller public convenience from which a revenue is or may be
City Council Minutes
September 12, 2005
Page 12 of I 7
derived; for the creation or maintenance of a permanent improvement fund; for the purchase or erection of needful public
buildings; for establishing and maintaining garbage crematories, or other means of garbage disposal; for the establishment and
maintenance of hospitals, schools, libraries, museums, art galleries and cemeteries; for the construction of sewers, subways,
streets, sidewalks, pavements, culverts, and parks and parkways and play grounds; for changing, controlling or bridging streams
and other waterways within the corporate limits and constructing and repairing roads and bridges within two miles of the
corporate limits thereof; for the purpose of refunding outstanding bonds; for the purpose of funding floating indebtedness; and for
all purposes which may be authorized by the laws of the State of Minnesota; the right of the city to issue bonds under the
authority of any law heretofore and this section of the city's charter shall not be construed to limit the passed and adopted by the
State of Minnesota, but no bonds shall ever be issued to pay current expenses or to refund emergency debt certificates. The total
bonded indebtedness of the city shall never exceed ten percent of the last assessed valuation of the taxable property therein,
including monies and credits, but in computing the total bonded indebtedness, emergency debt certificates and certificates of
indebtedness shall not be included in or counted as part of the such bonded indebtedness, if (1) held in a sinking fund maintained
by the city, (2) issued for the acquisition of equipment; purchase, construction, maintenance, extension, enlargements or
improvement of street railways, telegraph or telephone lines, water, lighting, heating and power plants, or either of them, or any
other public convenience, from which revenue is or may be derived, owned and operated by the city, or the acquisition of
property needed in connection therewith; or for the construction of sewers, public drainage ditches, or the acquisition of lands, or
for improvements of streets, parks, or other public improvements, to the extent that they are payable from the proceeds of
assessments levied upon the property specially benefited by such ditches or improvements, or (3) for the purpose of anticipating
the collection of general taxes for the year in which issued. In no case shall bonds be issued to run for more than thirty years. The
purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall
not be divelied to any other purpose.
Before any bonds are sold, there shall be a four-fifths vote of the council authorizing the issuance of the bonds by ordinance.
However, bonds to be sold for the refmmlCing of any existing bonds shall be authorized bv four fifths vote of the council by
resolution. Following its passage, the ordinance shall be published at least once by publication in a legal newspaper having
general circulation in the city. The registered voters of the city shall have thirty days from the date of publication to initiate a
referendum on the ordinance authorizing the issuance. Subsequent to the passage of the authorizing ordinance, its publication,
and the thirty-day period, the bond sale shall occur within sixty days. During said sixty day period, the City Manager shall have
the authority to establish a special meeting upon at least seventy-two (72) hours advance notice to each member of the council.
At that special meeting, the City Manager is authorized to receive the actual bid(s) or sale of the bonds to be negotiated. The
actual award or sale of the bonds shall be approved by a resolution passed by a four-fifths vote of the council.
Second reading of Ordinance 1493, Vacating a portion of 5th Street NE
Motion by Ericson Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1493, there
being ample copies available to thepllhlic, UPOll vote: All ayes. Motion carried.
Motion by Ericson Diehm, second by Kelzenberg, to adopt Ordinance No. 1493, being and Ordinance
vacating a pOliion of 5th Street NE. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye;
Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried.
ORDINANCE NO. 1493
BEING AN ORDINANCE AMENDING ORDINANCE NO.1490 CITY CODE OF 2005, VACATING A PORTION OF 5TH
STREET NE
The City of Columbia Heights does ordain:
Section 1: The City of Columbia Height hereby vacates a portion of the public street over, across, and under the following
described property, to wit:
Part A
Those parts of 5th St NE, as dedicated in the plat of, Columbia Heights Annex to Minneapolis, lying easterly of the
westerly line of said 5th Street NE (as dedicated), and northwesterly and southwesterly ofthe following desclibed line:
Commencing at the SE corner of Block E of said Columbia Heights Annex to Minneapolis; thence N 00 degrees, 07
minutes, 50 seconds E, assumed bearing along the Eline of said Block E, a distance of6.76 ft; thence northeasterly
along a non-tangential curve concave to the SE and along the northerly line of proposed Huset Pkwy, a distance of 55.28
ft, said curve has a radius of 815.00 ft, a central angle of 03 degrees, 53 minutes, 10 seconds, and a chord that bears N 49
degrees, 27 minutes, 35 seconds E; thence northwesterly, and along a non-tangential curve concave to the NE, and along
the westerly line of proposed 5th Street NE, a distance of 133.00 ft to the said westerly line of 5th Street NE (as
dedicated), said curve has a radius of248.53 ft, a central angle of30 degrees, 39 minutes, 42 seconds and a chord that
bears N 18 degrees, 28 minutes, 12 seconds Wand described line there terminating.
P.lS
City Council Minutes
September 12, 2005
Page 13 of ] 7
Part B
Those parts of 5th Street NE (as dedicated) and 39tl1 Avenue NE as opened, Columbia Heights Almex to Minneapolis,
Anoka County, Minnesota, lying northerly of the westerly extension of the south line of Block F of said Columbia
Heights Annex to Mnmeapolis, and lying westerly and southeasterly of the following described line:
Beginning at the NW comer of said Block F; thence N, 00 degrees 07 minutes, 50 seconds East, assumed bearing along
the west line of said Block F and its northerly extension a distance of 33.53 feet, to the southerly line of proposed Huset
Parkway; thence southeasterly, along said southerly line, and along a non-tangential curve concave to the SE, a distance
of 85.39 ft, to the westerly line of 5th Street NE (as dedicated) said curve has a radius of 735.00 ft, a central angle of 06
degrees, 39 minutes, 23 seconds, and a chord that bears S. 44 degrees, 48 minutes, 14 seconds, W. and described line
there terminating.
Section 2: The vacation of that part of 51h Street N.E. described above is subject to the following conditions:
1. An easement is hereby reserved that prohibits the excavation or disturbance of any land or the facilities of CenterPoint Energy
in that part of the vacated street described as follows, without the consent of CenterPonlt Energy: The easterly one-half of 51h
Street N.E.
2. An easement is hereby reserved that prohibits the excavation or disturbance of any land or the facilities of Qwest in that part of
the vacated street described as follows, without the consent of Qwest: The easterly one-half of 51h Street N.E.
Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage.
Second reading of Ordinance 1494, 1495 and 1496 being Ordinances Vacating a pOliion of 38th Avenue NE,
39th Avenue NE, Lookout Place, and the Adiacent Alley.
Motion by Kelzenberg, Williams, to waive the reading of Ordinance No. 1494, there being ample copies
available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second Williams, to adopt Ordinance No. 1494, being an ordinance amending
Ordinance No. 1490 City Code of2005, vacating a portion of 38th Avenue NE. Upon vote:
Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay.
Motion carried.
ORDINANCE NO. 1494
BEING AN ORDINANCE AMENDING ORDINANCENO. 1490 CITY CODE OF2005,V ACATINGA PORTION OF
38th AVENUENE
The City of Columbia Heights does ordain:
Section 1: The City of Columbia Height hereby vacates a portion of the public street over, across, and under the following
described property, to wit:
That part of381h Avenue NE, as dedicated in the Plat of Columbia Heights Annex to Minneapolis, lying W of the
southerly extension of the westerly right of way of Fifth Street NE and lying E of a line drawn from the NW comer
of Lot 1, Auditor's Subdivision No. 50 to the SW comer of Block 98, ColU11lbia Heights Annex to Minneapolis.
Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage.
Motion by Ericson Diehm, second by Williams, to waive the reading of Ordinance No. 1495, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Ericson Diehm, second by Williams, to adopt Ordinance 1495, being an ordinance amending
Ordinance No. 1490 City Code of2005, vacating a pOliion of 39th Avenue NE. Upon vote: Kelzenberg,
aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried.
ORDINANCE NO. 1495
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490 CITY CODE OF 2005, VACATING A PORTION
OF 391h AVENUE NE
The City of Columbia Heights does ordain:
Section I: The City of Columbia Heights hereby vacate~ " ""rtion of the public street over, across, and under the following
described property, to wit: P. 1 9
City Council Minutes
September 12, 2005
Page 14 of 17
That part of39th Avenue NE as opened, Columbia Heights Annex to Mimleapolis, Anoka County, Mim1esota, lying
northwesterly of Block F of said Columbia Heights Annex to Mim1eapolis and Registered Land Survey No. 159,
Anoka County, Mim1esota, and lying easterly and southeasterly of the following described line:
Beginning at the NW comer of said Block F; thence N 00 degrees, 07 minutes, 50 seconds E, assumed bearing along
the W line of said Block F and its northerly extension a distance of 33.53 ft; thence northeasterly a distance of
13 6.06 feet along a non-tangential curve concave to the SE having a radius of 735 ft, a central angle of 10 degrees,
36 minutes, 24 seconds, and a chord that bears N 53 degrees, 26 minutes, 07 seconds E; thence N 58 degrees, 44
minutes, 19 seconds E, tangent to said curve, a distance of 368.46 ft; thence northeasterly a distance of 51.35 ft,
along a tangential curve, concave to the SE having a radius of276.01 ft, and a central angle of 10 degrees, 39
minutes, 38 seconds to the intersection of the southeasterly line of said 39th Avenue NE as opened, said line also
being the northwesterly line of said registered land survey no. 159, and described line there terminating.
Section 2: The vacation of 39th Avenue NE described above shall be subject to the following condition:
An easement is hereby reserved that prohibits the excavation or disturbance of any land or the facilities of Xcel Energy over,
above or across that part of the northwesterly 5 feet of39th Avenue NE described above.
Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage.
Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1496, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Kelzenberg, to adopt Ordinance 1496, being an ordinance amending
Ordinance No. 1490 City Code of 2005, vacating a portion of Lookout Place and Adjacent Alley. Upon
vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay.
Motion carried.
ORDINANCE NO. 1496
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490 CITY CODE OF 2005, VACATING A PORTION OF
LOOKOUT PLACE AND ADJACENT ALLEY
The City of Columbia Heights does ordain:
Section 1: The City of Columbia Heights hereby vacates a portion of the public street and alley over, across, and under the
fallowing descrilJed property, to wit:
Th.at part of Lookout Place and that part of the vacated alley, as dedicated in the plat of Columbia Heights Annex to
Minneapolis, lying N of the westerly extension of the S line of the northerly 12.5 ft of Lot 11 and lying S of the
westerly extension of the N line of the S half of Lot 10.
Section 2: The vacation described above shall be subject to the following conditions:
An easement is hereby reserved that prohibits the excavation or disturbance of any land or the facilities of Qwest in that part
of the vacated Lookout Place above:
Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage.
Nawrocki stated that the Resolution for asbestos abatement with Viet incorrectly states that the Mayor and
City Clerk are authOlized to sign the contract. It should be the Mayor and City Manager. Hoeft stated the
elTor would be noted.
Peterson stated the Police Chief would like to extend the date for additional Police coverage for the HeIitage
Heights neighborhood through the end of November. EIicson Diehm stated the Oliginal motion was with an
amount not to exceed, which has not been reached.
Motion by Williams, second by Kelzenberg, to continue additional Police coverage of the HeIitage Heights
Neighborhood through the end of November. Upon vote: All ayes. Motion calTied.
P.20
City Council Minutes
September 12, 2005
Page 15 of 17
ADMINISTRATIVE REPORTS
Report of the City Manager
. Visited the City of Hugo, as recommended by Mickey Rooney :6..om Rising to New Heights, to
see what they are doing in their cOlllinunity.
o Met with Tony Pistilli, our Met Council Regional Representative, to discuss activities in our
cOlllinunity over the last several years. Future redevelopment ideas for the Apache area were
discussed. Application has been made for additional Livable COlllinunities Grant funds. Progress
on developments is favored for additional grants, which we have accomplished.
" The Public Works garage bids came in last week six percent higher than the Engineer's
estimates. Three of the initial ten alternates may be brought forth to Council.
. Worked with the Department Heads and Finance Director on the budget.
. Look forward to hearing from the group going to Poland. Staff will keep in contact via email.
Nawrocki stated that the City Manager's reports have been more comprehensive, but he does not list
items to work on for the following month. He questioned the Manager spending time organizing the
Intemational City Manager's Conference. Fehst estimated he has attended three meetings in the last six
months. The conference is in two weeks. He will volunteer his own time at the conference.
Report of the City Attorney - none
CITIZENS FORUM
Harold Hoium suggested a time study to make sure staff is spending time effectively. He stated that he
received a letter from the Fire DepaJ.iment regarding his property. He spoke to them and has been uying to
clean it up for 25 years, but others keep trashing it. Parking on city streets creates crime.
Fehst stated that Peter Bell, Chainnan ofthe Metropolitan Council, would meet with the public on
September 16th in Coon Rapids.
COUNCIL CORNER
Nawrocki
~ Requested a cost brea..1cdown in the industrial area.
. Requested infonnation on sewer backups into homes over the last four years, as we should assist
those that suffered.
= The il1tersection of 39th and Jefferson is closed for street \x/ork. There should be partialllse allowed
to service the aJ."ea.
" Thought we were going to do something about the trees on Main Street that were destroyed by the
power company. Fehst stated he has met with residents and they have been advised as to what type
of trees to plant by power lines. There was 110 commitment to this area. This is a state aid road and
we should be able to come up with plantings to compensate for the cutting in tins aJ."ea.
.. RegaJ."ding infonnation on public meeting guidelines and procedures - suggested we look at it, but
remember we are here to serve the people of the cOlllil1Unity. Limiting COlllillents to five minutes is
an insult, but some residents do push the envelope on this. We should be more friendly to people
coming to meetings.
" Regarding hunicane tragedies in the south - hopefully residents will be generous with money and
supplies to help them. The VFW donated $1,000 and he is making personal donations. This points
out the need for disaster prepaJ."ation. Encouraged residents to train as CERT volunteers. Call the
Police Department for infonnation.
. Listed meetings he attended.
. Good luck to the Mayor and Councilmember Williams on their hip to our Sister City in Lomianki,
Poland.
P.21
City Council Minutes
September 12, 2005
Page 16 of 17
Ericson Diehm
Gl The Council met with the School Board on August 31 to discuss working together as separate
entities with common goals.
iii The Rising to New Heights cOlmnittee will meet tomOlTOW.
e The Fire Department will hold an open house on Saturday, October 1 st. She encouraged residents to
attend.
iii Good luck to Mayor Peterson, Councilmember Williams, and Deputy City Clerk Patty Muscovitz on
their trip to Poland.
Kelzenberg
. Commended the High School football team for beating Councilmember Williams' hometown team
of Mora. It was a fantastic high school game.
CD Read a resident's email regarding rain gardens, and a cost share OPPOltunity of $1 ,500. The Anoka
Conservation Department would provide the design.
. Wished all paliicipants Good Luck on their hip.
Williams
. Showed his Poland lapel pin.
. The ATV raffle drawing will be held at the November 26th Holiday Pmry.
.. Last week received calls that people moving from apmiments trash the yards before they leave. The
Mayor helped clean up one yard.
e We have a great staff working on redevelopment ofthe City and a super Police Depmiment.
. COlmnented on the lost of an Officer from Lino Lakes. Our Police Department will help out their
department dUling the funeral.
. Regarding the disaster in the south, we should be proud of what we have.
iii Thanlced everyone for their well wishes on the Poland trip.
e Pray for the health and peace of our citizens.
Nawrocki indicated thattherafflerequc:stonlY waives the 30 day waiting period. Peterson stated that the
application would be delivered to the State tomOlTOW. Nawrocld referenced a youth that drown in a
backyard rain garden. Keep in mind to make it kid proof. Requested to lmow the salmies of the two
positions introduced tonight.
Sal Dileo, 2611 Ulysses, stated that Yem Gagne \vouid attend the holiday pa..rty again because he had
such a good time. When in Poland, congratulate them on their solidarity.
Peterson
. City of Hugo has a beautiful rain garden in front of their new city building. Our pond should also
be beautiful. Hugo is a small city doing redevelopment, including a new gYlmlasium and new city
hall. Fran Meyer gave a two hour tour. Picked up a copy oftheir City Council and Planning
COlmnission meeting guidelines. We will discuss this and if approved would make it available to
people that attend our meetings. We attempt to follow these types of guidelines, however, it is
good to have a document to look at and refi'esh ourselves.
. Is a trained CERT volunteer, and described the training session held two weeks ago. One of our
Police personnel has 20 years experienced as a make up miist alld did a very realistic job on the
victims. Agonizes over what is going on in New Orleans, because most of us don't know what to
do in emergencies. Hopes there will be more training exercises. Bobby and Steve's Auto World is
having their own employees going through the training. If there is a disaster, our staff can use all
the help they can receive. The goal is to CERT h'ain1,800 people in tlus community.
. Sent out prayers for the people in the SOlP.'22
City Council Minutes
September 12,2005
Page 17 ofl7
II Don't forget, our service men and women are all over the country. Patty Muscovitz's son will
serve in Gennany. We are proud of all our troops.
. Levy referendum should be talked about. I believe in it. We have to approve this if we want a good
conununity
e Our group will leave for Poland tomOlTOW.
e Don't take ourselves to seriously and do a random act of kindness.
ADJOURNMENT
Mayor Peterson adjourned the meeting at 9:40 p.m.
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.23
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
SEPTEMBER 26, 2005
!ll~SE rVHNUTES HAVE
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5-A-:L
The following are the minutes for the regular meeting of the City Council held at 7:07 p.m. on Monday,
September 26,2005 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, COlmcilmember Nawrocki, Councilmember Ericson
Diehm, Councilmember Kelzenberg
Councilmember Williams gave the invocation.
PLEDGE OF ALLEGIANCE - recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Mayor Peterson acknowledged the death of Civilian Emergency Response Team (CERT) member Keri-
Lynn Kohut who passed away September 22,2005. Services were held on September 24th. Donations may
be given by calling the COlmcil Secretary for information. Keri-Lynn will be very missed. A moment of
silence was held in her memory.
Peterson stated that item 6B would be removed from the agenda.
Peterson added a repOli from Kevin Hansen, Public Works Director, on the storm damage, and for remarks
from the Police and Fire Chiefs.
Peterson added a repOli on the Fire Depmiment Open House and Jessie Smith of the Columbia Heights
ALCW
School.
Nawrocki asked why there are no minutes for the last meeting. Peterson indicated that the Secretary was out
of town and that they would be on the next meeting agenda,
Hansen reported on the response to the stonn of Wednesday, September 21,2005, which had significant tree
danlage. With the large amount of rain, there were no reports of flooding affecting any structures. The
current focus is on dean up in public areas. He listed pickup options for tree debris: residents clean up and
haul debris themselves or hire a contractor, (the Anoka County Compost site will be open at no charge
through next Monday), BFI will pick up branches under four inches in diameter bundled to their
specifications, and the City will do curb pickup of branches and brush with our crews and our tree
contractor beginning Thursday. Residents will be notified via the reverse calling system when crews will be
in their area. Anoka County will pick up the large logs, but will not be in our area for five to seven weeks. It
may take City crews four to six weeks to clean up debris. The estimate is 75-100 trees down on public
property and 300-500 total trees down in Columbia Heights. Pickups will not include construction debris.
Hansen stated removal costs would be in excess of $50,000.
Nawrocki indicated that the gm'bage contractor by-passed branches on the curb. Their contract states if they
do not pick up something they are to leave the resident a note. Linda Magee, Assistant to the City Manager,
stated she would check, but believed this is being done. Nawrocki stated that on the night of the storm the
intersection of 49th and Central, north bound, had heavy ponding of water. Hansen stated that work on that
storm sewer was delayed unti12006 by MNDOT.
P.24
City Council Minutes
September 26, 2005
Page 2 ofl r
Police Chief Tom Johnson reported this was an extremely busy time, with no injury of persons related to the
storm. Six squads were dispatched, and an area of streets had to be closed down. Without electricity
business alarm systems did not work, so officers checked on businesses. False alarms were received when
power was returned. False alarm notices will not be issued until after next Wednesday. The cooperation
between Police, Fire, Public Works and Administration departments was excellent. Citizen response was
positive and cooperative.
Hansen stated that residents can contact Anoka County with their address for large debris removal and the
City can also make a list of such addresses.
Fire Chief Gary Gorman stated that the night of the storm was very busy with 88 storm related calls. Crews
helped with clearing streets and assisted at Murzyn Hall where 300 seniors were present. He also indicated
that City Departments worked well together and there was extensive contact with the City Manager. There
was one house fIre, due to electric damage, that was efficiently taken care. Nawrocki asked if all power in
the City has been restored. Gorman stated he thought most homes now have power.
Mayor Peterson thanked all the crews, CER T members, and citizens for their cooperation.
PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS
Proclamation - Columbia Heights Toastmasters
Mayor Peterson read and proclaimed October as Toastmaster Month in the City of Columbia Heights.
Introduction of New Employees
Fire Chief Gary Gonnan stated that the Fire Department has been down one full time fIre fIghter since
last year. He introduced Anthony Cuzzupe, who is the new full time FirefIghter. Cuzzupe began on
September 13,2005. Tony Cuzzupe stated his excitement at receiving this position.
Ericson Diehm announced that the Fire Department would host an Open House this Saturday, October 3rd
from 11 :00 a.m. to 3 :00 p.m. She encouraged residents to attend, stating there would be activities for
everyone to enjoy.
Miscelianeous
Jessie Smith and Kristen Haugen, teachers at the ALC West School, indicated they are having a fund raising
event with proceeds donated to rebuilding education in Louisiana. Ericson Diehm asked for clarifIcation of
the event, which was given. ALe \-Vest is fui alternative school.
CONSENT AGENDA
Peterson stated that the City Manager is attending the City Managers conference, which he helped organize.
Assistant City Manager Linda Magee took Councilmember through the consent agenda.
1) Approve the Items Listed for Rental Housing License Applications for September 26, 2005
Motion to approve the items listed for rental housing license applications for September 26,2005.
2) Approve Business License Applications
Motion to approve the items as listed on the business license agenda for September 26,2005, as
presented.
3) 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 114292 through 114463 in the amount of $691,860.92.
P.25
City Council Minutes
September 26, 2005
Page 3 of 11
4) Set Joint Meeting with the Chalier Commission and the City Council for Thursday, October 20,
2005
Motion to set a joint meeting with the Charter Commission and the City Council for Thmsday,
October 20,2005, at 7:00 p.m. in the Council Chalubers.
Magee stated that discussion would be Wards versus Districts for elections.
Motion by Nawrocki, second by Ericson Diehm, to approve the Consent Agenda items. Upon vote: All
ayes. Motion carried.
PUBLIC HEARINGS
A. First Reading of Ordinal Ice No. 1498, Being all OrdUlallCe Amendulg Ordinance No. 1490, Authorizing
to Convey Certain Real Estate Located at 3955 University Avenue and 3947 Lookout Place.
Randy Schumacher, Community Development Assistant, indicated the City owns two parcels and
wishes to sell them to the EDA, which is the arm of redevelopment for the City. This is for the proposed
Sarna restaurant. Nawrocki indicated the majority of this building would be a sports bar. Schumacher
stated the banquet proposal has been removed. Nawrocki stated that the EDA should sell the land to the
City so the public will have a better opportunity to follow the process. The proposed sale price is a fifth
of the lalld value as stated by the City's consultant and we should revisit the price we are getting for that
land. Schumacher stated the property is a redevelopment comer purchased with Communi1y Block Grallt
monies. Tonight's issue is control ofthe land.
Harold Hoium, Fifth Street, stated there was no price on this property. Peterson indicated this is a
transfer from the City to the EDA.
Nawrocki questioned finances relative to this property. Schumacher stated that CDBG monies were
acquired to purchase the property. Grant funds were in excess of $500,000. The developer will pay
$75,000.
Ericson ])il;';hmstatedtherl;'; Wl;';re two previous developers interested in thisproperty..Schumacher stated
those interests were for $50,000 and went away because they received no interest for development of the
comer. Without community development incentives, the property would have remained with obsolete
homes, an empty gas station, and piece of commercial property. A million dollar development will
eliminate the negative tax base in a few years. This is an investment of competitive federal tax dollars to
bring hi a quality development, wt.J.ch will bring in jobs ai'1d taxes.
Williams stated this project would not use TIF and taxes would be paid ilnmediately following
completion. We have applied for additional Livable Communities Grant funds. Schumacher stated that
we have made the first cut in the process.
Nawrocki stated that we do not have to lose money on this property and questioned the accuracy oftaxes
prior to purchase being less than $2,000. Schumacher indicated that was a correct statement. He referred
to a metro wide cost given for restaurants. Peterson stated that cost is for a buildable site, and tIns site
has issues with setbacks, utilities under the property, etc. The developer would include sidewalks.
Schumacher stated that the developer is also working with the commercial property owner to improve
his access.
Peterson stated that sometimes you have to invest in your city. He stated his pride that the EDA and
Council are working hard to improve our commmnty. Ifwe push out this developer, we may have all
empty lot for the next 10 yeal's.
P.26
City Council Minutes
September 26, 2005
Page 4 of 11
Nawrocki stated this would be another sport bar. Peterson stated it is a restaurant and if they expand to
the lower level they would have to have come before the City for approval. Discussion included
standing while Councilmembers make comments, for recognition and respect. Nawrocki stated that the
plan shown to Councilmembers indicated the lower level would be for banquets, and was only
mentioned tonight that it might not be included. The main level is a bar. Utilities under the property will
be in the parking area.
Lee Stauch, 1155 Khyber Lane, stated residents should be informed what they are getting for their
money. We have lost two years of taxes on the Burger King site. As long as the gas station and homes
were there, they paid taxes.
Mayor Peterson closed the Public Hearing.
Motion by Ericson Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1498, there
being an ample amount of copies available to the public.
Williams stated this was a blighted area. All meetings are open to the public. We received Federal funds
to use for this development.
Peterson indicated this would put the property all into one package siinplifying the process. Nawrocki
stated that we paid an outside agency to value the property and have paid for staff to attend real estate
investment classes. The property on 53rd and Central has a higher value than the Burger King property.
Ericson Diehm asked him if it would have a higher value than the 40th and University property.
Nawrocki felt it would have an equal or high value.
Motion and second renewed.
Upon vote: All Ayes. Motion carried.
Motion by Ericson Diehm, second by Williams,toset.thesecond reading of OrdinanceNQ..1498, being
an ordinance amending Ordinance No. 1490, authorizing to convey certain real estate located to 3955
University Avenue and 3947 Lookout Place for Monday, October 10,2005, 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.
B. First Reading of Ordinance No. 1499. Vacating a Portion of 45th Avenue N.E. - removed
C. Public Hearing/Adopt Resolution Declaring the Amount to be Certified to the Property Taxes for City
Proiect #0450 on the Property Located at 3730 Tyler Street
Gorman stated there were abatements on this property in 2004 and 2005. This would allow assessment
of the 2004 abatement to be certified to the property taxes. Council can set the time period from one to
ten years for collection and set the interest rate. The owner was invited to this meeting.
Jim Hoeft, City Attorney, listed the time period parameters for collection and interest rate options.
Nawrocki asked the special assessment rate last year. Hansen stated it was 5.5 percent. Nawrocki
indicated it should be that percentage rate and the maximum often years for payment, but to remember
there will be another assessment for this year's project. Hoeft stated this is a significant assessment and
will be mirrored next year. The Resolution states ten years or less and can be modified to remove the "or
less".
P.27
City Council Minutes
September 26, 2005
Page 5 of 11
Harold Hoium questioned who would handle the abatement and if it was by bid. Gorman stated this job
had four bids, but also included city services to keep the cost down. Hoium asked if the material was
thrown away. Gorman stated it was stored for 60 days and valued. Items that could be recycled were
recycled. He stated that the owner could have taken these materials to the County site for disposal at no
cost.
Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of
Resolution No.2005-53, there being ample copies available to the public. Upon vote: All ayes. Motion
carried.
Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-53, being a resolution
adopting assessment rolls for City of Columbia Heights Project #0450 and certifying the assessment to
Anoka County for inclusion on the property's 2006 tax statement at an interest rate of 5.5 percent for a
period of ten years. Upon vote: All ayes. Motion carried.
RESOLUTION 2005-53
ASSESSMENT FOR PROJECT NO. 0450
Resolution of the City Council for the City of Columbia Heights approving costs and charges according to the City Charter
for the following project performed on the real property located at 3730 TYLER STREET and detennining that said project
has been completed and ratifying and conforming all other proceedings, heretofore had: City of Columbia Heights Project
numbered P.I.R. 1086, Project 0450.
WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 o'clock p.m. on the 26th day of
September, 2005, in the City Council Chamber, 590 40th Avenue N.E., Columbia Heights, Minnesota, being the time and
place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the
cost of the Project No. 0450 above described, a notice of such hearing having been heretofore duly sent via certified mail as
required by law to the property owner of record, stating the proposed amount ofthe assessment; and,
WHEREAS, this Council has approved resolution number 2004-22 heretofore declared the above mentioned property a
nuisance and ordered the abatement of the violations of said nuisance in accordance with ordinance code section 8.602
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
Section 1:
That this Council does hereby adopt the aforesaid assessment invoice known and described as "Assessment Roll for
Abatement Project at 3730 Tyler Street "I'm" numbered Project 0450, P.I.R. 1086
Section 2:
That this Council hereby finds and determines that the lot and parcel of land enumerated in said assessment invoice was a
nuisance in accordance with City of Columbia Heights Ordinance Code section 8.602 and did accrue the costs in an amount
of$7,843.75. And this Council further finds and determines that the cost be assessed against such lot or parcel of land.
Section 3:
That said assessments may be paid in part or in full without interest on or before November 10th 2005. Any unpaid amount
will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2006.
The annual principal installments, together with 5.5% accrued on the unpaid balance are due and payable with the real estate
taxes for a period often years as designated by the City Council.
Section 4:
That this Council did hereby determine to proceed with said project, does ratify and confmn all other proceedings heretofore
had in regard to this project, and said project shall hereafter be known and numbered as City Project number 0450, P.I.R.
1086
Section 5:
This resolution shall take effect immediately upon its passage.
D. Public Hearing/Adopt Resolution Declaring A Nuisance and Approving Abatement of Violations
Gorman stated that tillS property covers three lots. A complaint was received on outside storage. Gorman
stated the dates of notification and inspection. The homeowner spoke to him in May stating he would
begin to trim trees on the property, so he was given the summer to do so. Most violations are on outside
storage, shrublbrush growth, and structures on the property that are unused. The owner does not reside
at the property. P. 2 8
City Council Minutes
September 26, 2005
Page 6 of 11
Harold Hoium, 4321 5th Street, the propelty owner, stated his background being burglarized and trashed
by others. He referred to a past complaint about a cement mixer in his back yard, but other neighbors
can have construction equipment. While in court his keys were stolen, duplicates were made, and his
home was broken into. The City shut his water off, the power company shut of his power, and the gas
company shut of his gas. He has been shot at in his yard, his trees have been trashed and people have
tried to bum down his house. City employees look over his fence. Hoium stated that the pictures in the
Council packet do not show the trees that were damaged by gangsters. He indicated people rip the siding
off his garage. He received a complaint about the sign on his gate. The containers in his yard are there
because someone trashed his yard. He stated that people steal from his yard. Hoium then stated threats
regarding anyone entering his property. Mayor Peterson indicated that threats would get him removed
from the Council Chambers. Peterson stated that if robbers stole from the yard, it wouldn't be so full of
junk. Peterson asked him his intentions to clean up the yard. Hoium stated he would if he could find
someone honest to do the work. Peterson stated this abatement would move ahead.
Nawrocki asked Mr. Hoium if he reported these shooting and bombings of his residence to the Police
Department. Hoium stated he called them in the early 1980's, but no report was filed.
Ericson Diehm stated that she believes in the right of due process and for Mr. Hoium to have the right to
speak, but no one has the right to say that fuiY police officers entering the property \-vould be carried out
in body bags and she was very offended by tllis.
Motion by Kelzenberg, second by Ericson Diehm, to close the public hearing and waive the reading of
Resolution No. 2005-52, there being ample copies available to the public. Upon vote: All ayes. Motion
carried.
Motion by Kelzenberg, second by Ericson Diehm, to adopt Resolution No. 2005-52, a resolution of the
City Council of the City of Columbia Heights declaring the property at 4321 5th Street N.E., PIN No.
35-30-24-21-0165 a nuisance and approving the abatement of violations from the property pursuant to
City Code Section 8.602. Uponyote: All ayes. M()tiollc~rI'ied.
RESOLUTION 2005-52
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING ABATEMENT OF
ORDINANCE VIOLATIONS PURSUANT TO CHAPTER 8, ARTICLE VI, SECTION 1 OF CITY CODE, ORDINANCE
VIOLATIONS EXIST ON PROPERTY OWNED BY HAROLD O. HOIUM (HEREINAFTER "OWNER OF RECORD").
WHEREAS, OWNER OF RECORD IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4321 5TH
STREET, PIN NO. 35-30-24-21-0165, COLUMBIA HEIGHTS, MINNESOTA,
AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 8.602(1)(B), WRITTEN NOTICE
SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN
WAS SENT VIA CERTIFIED AND REGULAR MAIL TO THE OWNER OF RECORD ON SEPTEMBER 8,2005.
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
That on October 4, 2004 an inspection was conducted and five violations were noted. A letter detailing the abatement
procedure and a copy of applicable ordinance sections was sent by regular mail to the owner of record.
That on May 25, 2005, inspectors reinspected the property and noted that the violations remained uncorrected. A notice of
abatement and public hearing was mailed to the owner of record by certified mail.
That on September 8, 2005, ~spectors r~inspected the r;;~-~::tY and noted .that the .violations remained uncorrected. A notice
of abatement and public hearIng was mailed to the ownlf' 2 gecord by certIfied mall.
City Council Minutes
September 26, 2005
Page 7 of1I
That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were
found to exist, to-wit:
FAILURE TO CORRECT RMC VIOLATIONS
. 'Shall repair the garage/shed siding that is deteriorating.
. 'Shall remove all/any outside storage from the property. Shall store in garage or shed. Items included; ALL/ANY
OUTSIDE STORAGE ON THE PROPERTY, INCLUDING, BUT NOT LIMITED TO: - OLD FIREWOOD
PILES, CANS, BARRELS, UNKNOWN ITEMS UNDER THE TARPS/PLASTIC COVERS, GARDEN
EQUIPMENT, BRUSH& LEAVES, LUMBER, NEXT TO THE GARAGE IN THE REAR, ETC....
. 'Shall cut/trim overgrown trees, shrubs on the property. Shall cut/remove alVany scrub growth from the property,
around house foundations and in the yard.
. 'Shall sod/seed alVany bare areas of the yard.
. 'The water to the property has been shut off since January 1996. City ordinance requires that residential properties
shall have toilet facilities connected to an approved water system that at all times provides an adequate amount of
running water under pressure.
That all parties, including the OWNER OF RECORD and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code Section 8.602(1)(a) and 8.602(1)(b).
CONCLUSIONS OF COUNCIL
1. That the property located at 4321 5th Street, PIN No. 35-30-24-21-0165 is in violation of the provisions of the Columbia
Heights City Code as set forth in the Notice of Abatement attached hereto;
2. That all relevant parties and parties in interest have been duly served notice ofthis hearing, and any other hearings relevant to
the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be,
have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 4321 5th Street, 4317 5th Street, 4315 5th Street, Pin No. 35-30-24-21-0165 constitutes a nuisance
pursuant to City Code.
2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest.
3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest.
4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2
ITEMS FOR CONSIDERATION
Bid Considerations
Resolution to Accept Bids/Award Contract for Municipal Service Center Building Repairs
Hansen stated that Buetow and Associates was hired to look at preserving the life of the public
service center. Bid documents were prepared with a base bid and alternatives included in the
packets. There were 31 requests for the bidding dOCll..1Uents, .with 13 bids received. There was a
problem with the low bid by Meisingers Construction and they requested to withdraw their bid due
to a grievous error in the submission. Hansen recommended acceptance of the letter, and
consideration of the next two low bids. The bids were high and the alternates inappropriate at this
time, whereby the alternates will be looked at through the budget process. The lower level wash bay,
the HV AC unit replacement and the basement lighting improvements are a high priority. Payment
would be through funds put aside over the last five years in fund 411, one-half of the total cost, and
repayment of the remainder over the next five years. Hansen recommended awarding the contract
with alternates 3,5, and 9; making Ebert and Associates the low bidder.
Williams stated concern about bid #5 and the low cost for HV AC. Hansen stated they are low, but
were also given the opportunity to withdraw their bid.
Nawrocki questioned where the Architect went wrong on the bid estimate. Randy Engle, Architect
with Buetow and Associates, stated it is based on the time, recent events with oil prices, competitive
needs over seas and hurricanes. It is a combination oflmfortunate events, and partial
underestimating. Nawrocki stated there was no clause allowing the bidder to withdraw their bid.
Engle stated that is the purpose of the bid bp. 3 0 but it is a matter of whether it is worth it to not allow
City Council Minutes
September 26, 2005
Page 8 of 11
them to withdraw. Nawrocki asked if we would keep his bid bond. Engle stated no, but suggested to
accept their request to withdraw. Discussion on the bids continued.
Nawrocki questioned if the mechanical equipment proposed is the same as the other companies.
Engle stated that the equipment could be nothing less than specified. Nawrocki indicated his opinion
that roof leaks at the Public Works Department are not as bad as the Police Department, and
questioned whether we really need the elevator, but was told we had to have it and now we don't.
Hansen indicated it was never stated that the elevator was a requirement by the City or State, but a
strong recommendation as it is the only public building without it. Nawrocki stated the basement
area was only to be for storage, and the next "need" will be to heat the area. He asked how much will
be needed for additional costs. Hansen stated that every project has contingency costs, which is
usually five percent. Nawrocki stated he would not support this as it is higher than anticipated. We
should re-bid at a more appropriate time.
Williams stated his belief that rebidding would result in a much higher cost, and he would support
this.
Peterson stated he would support the repairs, as they are long overdue. The roof leaks in many areas
and is water getting down into the blocks. Buildings should not go past the point of maintenance
repair.
Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2005-47, there
being ample copies available to the public. Upon vote: All aye. Motion carried.
Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-47, accepting bids and
awarding the 2005 Municipal Service Center Building Repairs Renovation, City Project #0503 to
Ebert Construction in the amount of $830,000 base bid based upon their low, qualified responsible
bid and accepting bid alternates 3, 5, and 9 for a total contract award of $898,579; and, furthermore,
authorize the Mayor and City Manager to enter into a contract for the same.
Nawrocki stated that block replacement is not necessary, as there are more cost effective, alternative
repair methods. This bid does not include the alternate, which would make sure the blocks match,
which is only $2,500.
Williams cormnended Hansen for doing a rock bottom renovation fu"ld not recmmnending about
$500,000 ofthe improvements initially considered. Williams asked the age of the roof. Hansen
stated 18 years. Nawrocki referred to the advantages of membrane roofs.
Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4
ayes - 1 nay. Motion carried.
RESOLUTION NO. 2005-47
RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE MUNICIPAL
SERVICE CENTER BUILDING REPAIRS RENOVATION, CITY PROJECT NO. 0503
WHEREAS, pursuant to an advertisement for bids for City Project No. 0503, Municipal Service Center Building
Repairs Renovation, thirteen bids were received, opened and tabulated according to law. The following bids were
received complying with the advertisement:
Base Bid
$738,800
$799,650
$830,000
$845,700
$875,000 P.3 1
Meisinger Construction
Gen-Con Construction
Ebert Inc.
Parkos Construction
CM Construction Inc.
x
x
x
x
x
Alternates 1-10
Exhibit B
Bid Bond
City Council Minutes
September 26, 2005
Page 9 of 11
Gladstone Constmction
Lund-Martin Constmction
Jorgenson Construction
DNR Constmction Services
Merrimac Constmction
Shaw-Lundquist
Flannery Constmction
Falls & Nyhusmoen
$877,400
$885,000
$932,000
$948.860
$956,582
$957,600
$979,000
$1,000,000
x
x
x
x
x
x
x
x
WHEREAS, it appears that Ebert Constmction 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
Ebert Constmction, 23350 County Road 10, Corcoran/Loretto, Minnesota 55357 in the name of the City of Columbia
Heights, for the Municipal Service Center Building Repairs Renovation, City Project No. 0503, according to plans and
specifications therefore approved by the Council.
2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their
bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been
signed.
3. City Project No. 0503 shall be funded from General Building Fund 411.
ADMINISTRATIVE REPORTS
Report of the Assista.llt to the City Manager - nothing to report
Nawrocki indicated that the City Manager should notify Councilmembers when he will be gone. Magee
indicated that he has stopped in the office and is available by phone. Nawrocki stated that the city
manager's organization has merit, but questioned the City Manager spending time away from the City
for this purpose.
Nawrocki asked for a financial worksheet on the industrial park development, the cost for consultants
and City staff time, any other costs, and what the budget is.
Nawrocki stated that by closing 39th and Jefferson to work on the parkway, truck traffic to service the
remaining industrial businesses must detour through residential areas, Uriiiecessaiily. LiIl:iited access
should have continued.
Nawrocki requested that the budget work session date of Monday, November 21 be rescheduled.
Nawrocki stated there is a non-working tow truck parked on 49th between 5th and 4th Streets in the alley.
Report of the City Attorney - none
CITIZENS FORUM
Peterson stated that any outbursts would have :{\..1r. Hoium removed from the podium.
Harold Hoium, 5th Street, suggested listing proper trees to plant on boulevards that would avoid being pulled
out by the roots. There should be no parking on the street. Trees should be trimmed so the street lights can
do their job. He referred to a sidewalk that was removed, which forces children to walk in the street.
Everything on his property is grandfathered in. The transit hub lights are very dirty making seeing difficult.
On 44th by Rainbow there is a tree that needs to be mrrL1TIed. The Burger King lot is a mud hole that should
have grass seed planted. Sweeping streets after the storm was difficult because of vehicles parked on the
street.
Jill Voelker, Polk Street, asked if anyone could attend the Heritage Heights area neighborhood meeting.
Peterson stated the meeting is open to everyone. P.3 2
City Council Minutes
September 26, 2005
Page 10 of I I
COUNCIL CORNER
Nawrocki
. Lions pancake breakfast this Saturday at Murzyn Hall.
. The winter issue of Heights Happenings needs more detailed information on the budget and emphasis on
parking restrictions for winter. Requests to see the copy before it goes to press.
. Fees that we charge are to relate to the specific services they are to pay for, by state law. A study is
being proposed that each city list fees and how the charges are determined. The League ofMN Cities
has indicated to the Department of Revenue the immense size of a document from over 800 cities.
Asked for a copy of our report on how fees were arrived at. He volunteered the City of Columbia
Heights as one of the cities to be sampled.
. Channel 16 local Cable was off the air until yesterday because ofthe storm.
. On the Mayor's repOli, as constructive criticism, on last report given, things were left out such as trees
over trimmed on Main Street. Residents should be aware tins is a State Aid street. State Aid funds will
pay for the fancy parkway, but we couldn't use the funds to replace these trees. Residents had to pay
$3,000 to $4,000 to clean up sewage from their basement because the City did not do their job cleaning
the lines. Regarding the budget, did not talk about the ten percent increase on sewer and water charges in
the past and assessments levied for street work. Was offended by the referral to ms "negative" vote on
the vacation of streets. You vote aye or nay, or yes or no. Whether it is a negative or positive is an
opinion. Described his vote on the project as positive. We are puttin.g to much densit'j in the industrial
area and taking 60 percent of the industrial business out of the city, and that is negative.
Ericson Diehm
= While in Washington DC met with Martin Sabo. Talked about redevelopment in Columbia Heights and
about useful CBG funds. It is important to keep lines of communication open.
. Fire Department Open House will be held on October 1 st.
. Crestview Gala will be held on November 7, with a silent auction.
Kelzenberg
II Atteiidedthe 20thariiiiversaryofthe senior c:eiiter-- they gave oufpriiesdonatedbybusinesses: Thaiiked
those businesses. Thanked Karen Moeller for the excellent job she does.
. The Columbia Heights Postmaster is retiring. Reception on Thursday from 9:00 a.m. to 6:00 p.m. Stop
by to wish mm well.
Williams
o Stated that a "no" is a negative vote to a situation.
. Communication is very important. On visiting our Sister City, we did not learn to speak Polish, but
could communicate though eyes and action. It was a tremendous trip. We, in America, take too much for
granted. They have suffered greatly. Described the visit to Auschwitz and the Salt Mine.
. Impressed with the Mayor of Lomianki, ms is a full time mayor and earns about $1,562 a month. He is
the head of the police, fire, public works, library, school system, public transport system and the
hospital. They have built a cultural center complex. Poland is a very progressive country.
Peterson
II There will be a presentation in October from the people who visited our Sister City - Lomianki Poland.
e The Senior Center had Bingo on Wednesday during the storm. They had to go downstairs and the
Boosters helped. Karen Moeller did a wonderful job of getting them downstairs without any panic.
. Tickets are available for the 4 x 4 raffle with proceeds going to the Activity Fund. The winner will be
announced at the Kickoff party.
II It is unfortunate to receive derogatory remarks :r:'j 31t our services, but we allow people to have their
City Council Minutes
September 26, 2005
Page II of 11
opinion. The negative vote comment was not intentional. The Mayor's Report is held to 29 minutes,
which does not allow covering all topics. Answers are given to questions directed by Steve Antus.
. Requests a work session discussion on Hugo booklet of meeting guidelines. Respect has to be shown;
tonight's incident was unfortunate. We all think we raise our hands each time to speak, but we don't. We
will discuss standing up while speaking, as the 15 members of the Lomianki Council do. When finished,
each one says thank you. The Poles are very courteous, even the drivers stop to let others in front of
them.
. Let's not take ourselves to seriously and enjoy life, go out and do a random act oflcindness.
ADJOURNMENT
Mayor Peterson adjourned the meeting at 10:40 p.m.
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.34
5 -f\-'5-Q
COLUMBLA. HEIGHTS PUBLIC LIBRARY
BOARD OF TRUSTEES
MINUTES
September 6, 2005
The meeting was called to order by Chair, Barbara Miller. Those members present were Nancy Hoium, Patricia
Sowada, Lynette Thomson, Barbara Miller, Bruce Kelzenberg, Catherine Vesley, and Becky Loader.
It was moved, seconded, and passed to approve the minutes of the August 2,2005, Board meeting as mailed.
Bill list dated 9/12/05 was reviewed. It was moved, seconded and passed that they be paid.
The accounting was reviewed.
Old Business:
1. Update on proposed 2006 Library budget was discussed.
a. The proposed meeting date between the City Council and Library Board is Wednesday, October 5,
at 7 :00 p.m. in the Library Activity Room. Nancy will not be able to attend that evening. The
outline for the evening includes a PowerPoint presentation that will be the same format for all
departments.
b. The revised revenue page was reviewed.
c. It wa~l1lo"ed, seconded an~p~s~e~bytl1e13ollrd~oel1al1ge.ltl1eQc:tober meetingclCitetCl
Wednesday, October 5, at 6:30 p.m.
2. The Board was reminded about the retreat on Saturday, September 10. They discussed what they might
like to see included on the agenda for joint discussion by the Library and Foundation Boards.
3. Summary of2005 Legislative Session notes by Elaine Keefe was reviewed and discussed.
4. Staffupdate was provided. Jenna Stromquist helped fill in for vacant page positions this summer and has
returned to college. Due to a change in location and lack of transportation, Stephanie Bengtson will not he
working a regular rotation this fall, but will stay on the sub list. The 3 newly hired pages are doing well
and have joined the regular schedule.
5. Update on ILS. Discussion has begun for a new contract between Anoka County Library and Columbia
Heights. The current contract expires in June of 2006. Due to the new system there will be numerous
. areas to consider and discuss.
1
P.35
New Business:
1. Election of officers will be conducted at the October meeting.
2. 2004 Columbia Heights Public Library Annual Report handout was reviewed.
3. It was moved, seconded, and passed to accept the Proposed 2006 Holiday/Closed day schedule as
presented.
4. Becky has attended one demonstration ofWiFi (wireless Internet access). The implications at Columbia
Heights were reviewed and discussed. The Board was very excited about this technology coming to
Columbia Heights.
5. The plans for the proposed East Anoka County Library branch have been put on hold.
6. The article from the 8/11/05 edition ofthe Northeaster was reviewed.
7. The loss of one CPU tower from the OP AC station on 8/3/05 was discussed. . This tower has been
replaced, and all towers now have locks on them.
8. Thank you from Kathy Kelly for being a part of the new teacher induction program was reviewed.
9. It was moved, seconded, and passed to transfer $965.00 from line item 2171 (General Supplies) to the
following line items: $405.00 to line item 2020 (Computer Supplies) and $560.00 to line item 2011
(Computer Equipment).
10. The Board discussed a generous bequest that has been left to the Library by a deceased benefactor and
his/her fariri1y who wish to remain anonymous. Options of how the money can be designated by the Board
once the donation has been accepted by the City Council were discussed.
11. A photograph of the 1 st Mayor of Columbia Heights, William Charles Gauvitte, has been donated and will
be added to our historical files.
There being no further business the meeting was adjourned at 8:20 p.m.
Respectfully submitted,
t "ff"
~ ~11. s1Jdvnudt'
J One M. Schmidt
Secretary to the Library Board of Trustees.
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.
2
P.36
S~A-s~h
PLANNING AND ZONING COMMISSION
MINUTES OF THE SPECIAL MEETING
OCTOBER 4, 2005
7:00 PM
.-.;:
~.,_l..1eSe
1""
1''''- -
.tL
. L.. . ~
r'. '] t [: ~-~ ~'~" ~~. C) '7-
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 Jeff Sargent (City Planner), Shelley Hanson (Secretary), Tami Ericson Diehm
(Council Liaison) Tom Johnson (Police Chief) and Bob Streetar (Community Development Director).
Motion by Peterson, seconded by Fiorendino, to approve the minutes from the meeting of August 16,
2005. All ayes. MOTION PASSED.
Bob introduced Jeff Sargent, the new City Planner, to the Commission. Jeff gave the members a brief
review of his backgrOlmd and experience.
Chief Jorillson presented information to the cOlll.."'llission members on the subject of a 2 a.m. bar
closing. Tom gave some background on this subject and the research he has gathered from other
communities. He will be making a presentation to the City Council at a work session in November and
the Planning & Zoning Commission will also be invited to attend. He requested the members review the
information he gave them and to submit any comments in writing prior to the meeting.
Chief Johnson reviewed some of the material handed out and answered questions regarding the impact
on staffing and scheduling, expense of overtime, statistics ofDWI arrests and domestic calls, as well as
past problems with noise levels at the establishments that have music. Several surrounding communities
are also in the process of establishing Ordinances and fees associated with the 2 a.m. closing time. This
information wasincludedinthe packetgiven to the members.
PUBLIC HEARINGS
CASE NUMBER:
APPLICANT:
LOCATION:
2005-1001
REQUEST:
PREPARED BY:
James Sarna
Southeast Corner of University Ave and 40th Avenue and a portion of
Lookout Place Right of Way
Preliminary Plat, Vacation, Site Plan, three Variances
Jeff Sargent, City Planner
Planner Sargent explained that James ,Sarna is requesting six (6) approvals at this meeting.
follows:
1.
2.
3.
They are as
4.
5.
6.
The Preliminary Plat for Sarna's Addition.
The Site Plan for Sarna's Addition.
A 10-foot front yard setback variance for hard surface setbacks from a public right-of-way
per Code Section 9.612, subd. 7.g.
An 8-foot height variance for a monument sign per Code Section 9.616, subd. 12.a.iii.
A 35 square foot area variance for a monument sign per Code Section 9.616, subd. 12.a.iii.
A partial vacation ofthe Lookout Place right-of-way as described in Appendix A.
P.37
PLANNING & ZONING COMMISSION MINUTES
PAGE 2
,OCTOBER 4, 2005
Mr. James Sarna is proposing to construct a new 6,000 square foot restaurant on the southeast comer of
University Avenue and 40th Avenue. This project will incorporate 5 different properties currently
owned by the Economic Development Authority (ED A), as well as the vacation of a portion of Lookout
Place. Three different variances will be needed as well. The first is a setback variance to gain adequate
parking, space for the patrons. The second and third variance requests are for the monument sign
promoting the business, located on the southeast comer of University Avenue and 40th Avenue.
PLANNING CONSIDERATIONS
The project is located on the southeast comer of University Avenue and 40th Avenue, and is located
within the Design Overlay District of 40th Avenue. Properties located in this district are subject to
stricter design guidelines when discussing the placement of the building on the lot, the height of the
building, architectural details of the building, and signage.
Planner Sargent explained that the design guidelines build on and complement recently completed
streetscape improvements to the Central Avenue business district. They were developed by City staff,
consultants and a Task Force with representatives from the City Council, Planning Commission, area
business and landowners, and interested citizens,. and are intended on being mandatory.
It is assumed that the intent of the guidelines should be met, however, it is understood that there may be
many ways to achieve the same design objectives. The City may permit altemative approaches that, in
its determination, meet the objective(s) ofthe design guideline(s) equally well. The City may also waive
any guideline when specific physical conditions of the site or building would make compliance more
difficult or inappropriate.
The prQpeJj:yj~ (ilso .IQG(it~g ill the G:i3,. G~!l~raJ :i3ll~irl(;s~ :[)ismGt,l3.11g i~ (igj(iGeI1t to V11iyeI~ityAyeI1lll:::'
Being that the project is on the fringe of the 40th Avenue Design Corridor, and is also a focal entry point
into the City's downtown business district, enforcement ofthe design guidelines will be subjective to the
overall design objectives that the City would like to see enforced.
FIl\TDINGS OF FACT
Preliminary Plat
Section 9.411 (6) of the Columbia Heights zoning c'ode requires that the City Council make each of the
following findings before approving a prelimiriary plat:
1. The proposed preliminary plat conforms to the requirements of Section 14 of this ordinance.
Section 14 of the ordinance requires that the preliminmy plat contain the necessaryl information
needed to approve it as such. The submitted application for the Sarna's Addition is acceptable
to be approved as a Preliminmy Plat.
P.38
PLANNING & ZONING COMMISSION MINUTES
PAGE 3
OCTOBER 4, 2005
2. The proposed subdivision is consistent with the Comprehensive Plan.
The Comprehensive Plan guides this area towards "Transit Oriented Development". The
Comprehensive Plan states that this classification focuses on the commuting needs of Columbia
Heights residents. As a result, a higher percentage of service-oriented commercial/retail
development will be necessmy with high-density residential development providing the balance
of the development. With the Schaefer/Richardson and Ryland Homes project just to the south of
the proposed "Sarna's Restaurant", this type of use fits perfectly with the goals of the
Comprehensive Plan.
3. The proposed subdivision contains parcel and land subdivision layout that is consistent with
good planning and site engineering design principles.
The site layout does have the following issues:
a) Drive aisle .....'vidth. On the southeastern portion of the parking lot, the preliminary plat
indicates that one of the drive aisles only be 20 feet in width as opposed to the City Code
requirement of 24 feet. All other drive aisles and parking stall lengths meet City Code
requirements. City Stafffeels that because this will not be a major drive aisle, the 20-Joot
width aisle would suffice the needs of traffic circulation throughout the site. If the
developer were to increase the size of the drive aisle to meet City Code requirements, two
additional parfang stalls would have to be removed.
b) 6-foot wooden fence. City Code requires that a 6-foot tall wooden privacy fence be
erected between any new commercial developments and adjacent resideniial properties.
Th?r{~~jsOll? portiollo!th?prqp?rty on tn? sozttb?CISL GQt11gLo!th? lot tbatCIf?yts
residentially zoned property. In lieu of a 6-foot high fence, the applicant has proposed to
install 6-Joot tall arborvitae trees, spaced at an interval that would in essence create a
solid wall. City Staff feels that natural vegetation would be more aesthetically pleasing
than a wooden fence. A condition will be imposed on the applicant that the arborvitae
j-""e"" ~lantnrl;~ tl.;" n""en ;;Z.nl1 be n 'M;~;~""M O,Ehfi~~+ z"" 7~e;g7.+
"I ""0 y" , c;.t, Idt Inu Uf u. ufl.Ll-Ll, U IfL/..ftf.,IILUIH 'J U t::t:a H fI, L fl/..
c) On-site ponding. The applicants are not proposing any type of on-site ponding. The
development will rely on two catch basins at the south end of the site to control rainwater
runoff and carry it to the City's sanitary sewer lines located within the Lookout Place
right-oJ-way and adjacent alleyway. The sanitary sewer line will be sized to
accommodate a 10-year event, with little interference or ponding in the parking lot.
During a 100-year event, however, there will be some significant ponding on the south
portion of the parking lot (up to 6 inches) until the rain subsides and is carried on
through the catch basins to the sanitary sewer lines. The applicants are also considering
using the rooftop as a means of ponding, but would rather not pursue that option.
d) 334 - 40th Avenue. The design layout of the new plat, in association with all vacations,
new sidewalks and alleyway reconfigurations, has decreased the access for Mr. Gondek,
whom resides at 334 - 40th Avenue, into his business. The applicant has agreed to enter
into an easement to grant access to Mr. Gondek through the development property to
gain access .into his property.
P.39
PLANNING & ZONING COMMISSION MINUTES
PAGE 4
OCTOBER 4, 2005
e) Engineering considerations. Kevin Hanson 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. Hanson's
concerns.
Site Plan
Section 9.413, subd. 4 of the Columbia Heights Zoning Code requires that the Planning Commission
make each of the following findings before approving a site plan:
1. The site plan confonns to all applicable requirements of the Ordinance.
As stated previously, the project site is located in the Design Guideline Corridor of 4d" Avenue,
and is also adjacent to University Avenue. The applicant wants to take advantage of motor
vehicle traffic along University Avenue because of the site's proximity to this major
thoroughfare. For this reason, the site does not conform to the design guidelines in some
respects. They are as follows:
a) The building does not meet the setback or orientation requirements. The design
guidelines specifY that building facades should be flush with the sidewalk or set back
no more than 10 feet for at least sixty percent (60%) of the length of the front far;ade.
At intersections, the building should "hold the corner ", that is have street facades at
or near the sidewalk on both streets.
Thepropos~clt~stC!urgntsitsC!tal1 C!l1g1etpQpth the V\le~t~tn. C!llcl sou:th~r71lotlin~~!
with an approximate 1-foot setback to each property line. The design standards
would require the building to be placed at the intersection of University Avenue and
40th Avenue, at a setback of no more than 10 feet from the northern and western lot
lines. City Staff feels that because the front of the building faces University Avenue,
"rune> d"l'"",vetl'",.", pe';ta"l'Mz''''g t", the "etf..nr>lr" en", hr> ~n'-/r> T~ tl.l'" "''''"e tl.", ~~r>~0""''-/
UVII ..... t.. ~...;# "VI" ( 11>'1- C.V HI. J.J uu.......f\.U UtI- uc;.. I1t.UUC.. .1./1. I" u t...-UJ ,lft;;}l1 U}/ JC;u.
location of the building makes the most sense and would achieve the same goals as
outlined in the design standards for 40th Avenue.
b) Buildinz heizht. The design guidelines require that all buildings shall have a
minimum cornice height of 22 feet, to convey a multi-story appearance even if the
building has only one occupied floor,
The proposed 6,000 square foot restaurant is only one story in height with a height of
approximately 16 feet. Because of the site's location in relation to University
Avenue, as well as the function of the building, City Staff feels that this is an
acceptable height that would meet the objectives of the design guidelines. Staff also .
feels that the exterior architectural features of the building will offset the need for this
building to appear as if it is 2 stories in height.
PAO
PLANNING & ZONING COMMISSION MINUTES
PAGE 5
OCTOBER 4, 2005
c) Parkim! issues. The design guidelines specifY that off-street parking in the 4(jh
Avenue District be located to the side or rear of buildings, with a maximum of fifty
percent (50%) of the lotfrontage being occupied by parking.
The placement of the building on the site makes it difficult to achieve this
specification. The site has 74 parking stalls on site, with 42 stalls located in front of
the building along 40th Avenue (56.7%). Again, the applicants would like the front of
the building to be adjacent to University Avenue. City Staff has no problems with an
extra 5 stalls being located infront of the restaurant adjacent to 4(jh Avenue.
A 10-foot setback variance will also be required for hard swface parking along the
University Avenue right-ofway.
d) Sif!nage. The underlying zoning (GB, General Business) allows for a pylon sign on
this site, as it is adjacent to University Avenue. The design guidelines specify that
only a monument sign may be incorporated in the 40th Avenue Corridor. The
proposed monument sign requires two variances due to the proposed height and
square footage of the sign.
2. The site pIal! is consistent with the applicable provisions of the City's Comprehensive Plan.
The proj~cti~(:Qn.$i.$t~nt wit/zt/z? g?lJ.?mldir?J;tiQlJ. _establisbedill the Comprehensive Plan......
3. 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. Staff has found the project to be in compliance with the standards to an extent that
would make this project beneficial to the City. All other design features not in compliance
with the design guidelines have also been approved by City Staff based on the project using
sound planning standards.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the
public right-of-way.
The proposed 6,000 square foot restaurant is positioned away from abutting residential uses
and in an area that minimizes the impact on property in the immediate vicinity. The exterior
building materials used on the restaurant will compliment the design guidelines and will add
aesthetic appeal to the area.
P.4l
PLANNING & ZONING COMMISSION MINUTES
PAGE 6
OCTOBER 4, 2005
Variances
Section 9.407, subd. 6 of the Columbia Heights Zoning Code requires that the Planning Commission
make each ofthe following findings before approving a variance:
1. Because of the particular physical surroundings, or the shape, configuration, topography, or
other conditions ofthe specific parcel ofland involved, strict adherence to the provisions of
this Ordinance would cause undue hardship
a) 1 O-foot setback variance for parking. The minimum setback requirement for parking
sUlfaces is 15 feet fj-om the lot line. The applicant would like to place his parking lot
5 feet fj-om the lot line. For this reason, a 1 O-foot setback variance is required. The
applicant stated that the extra 900 square feet that will be acquired through this
variance request would enable the restaurant to install needed parA:ing stalls to
ensure sufficient customer access. The on-site parking would also ensure that
patrons would not park in the surrounding residential areas. The variance request is
located adjacent to University Avenue where 30 feet of a 60-foot right-ol-way will be
obtained from the MnDOT. MnDOT would retain the other 30 feet, leaving 35 feet of
green space between the parking lot and University Avenue. City Staff feels that this
request is justified.
b) 8-foot hei:zht variance for Si:zn. The maximum height for a monument sign is 8 feet.
The applicant would like to construct a 16-foot tall sign. For this reason, an 8-foot
height variance is ..requimd..The_applicantstatedthattheproposedmonumentsig-a.....-
will be approximately 35 feetfj-om University Avenue, and the additional height is
needed so motorists can see the sign in a timely fashion. There is also a fence along
University Avenue that would completely screen the sign if it were only 8 feet in
height. The monument style fence would meet the design guidelines criteria, and the
stated hardship wouldjustify the proposed variance.
c) 35 square foot area variance for Sizn. The maximum square footage for a monument
sign is 40 square feet. The applicant would like to construct a monument sign with 75
square feet of s ign age on both faces. For this reason, a 35 square foot area variance
is required. The applicant stated that the larger sign is needed so it can be seen more
easily from motorists traveling quickly along University Avenue. The increased size
will also keep the sign in proportion to its proposed height. City Staff feels that the
stated hardship justifies the variance request and has no problems with the proposal.
2. The conditions upon which the variance(s) is (are) based are unique to the specific parcel of
land involved and area generally not applicable to other properties within the same zoning
classification.
This is a unique parcel in that it is located within the 40th Avenue Design Corridor and has
frontage along University Avenue. The only other parcel in the City with these conditions is
the Marathon Gas Station parcel across the street.
P.42
PLANNING & ZONING COMMISSION MINUTES
PAGE 7
OCTOBER 4, 2005
3. The difficulty or hardship is caused by the provisions ofthis Ordinance and has not been
created by any person currently having a legal interest in the property.
The land on which the parcel lays causes the two hardships for the variances needed for the
monument sign. The variances are needed to gain visibility from passersby along University
Avenue in a timely manner so they can make the turn onto 40th Avenue, and into the
restaurant.
The applicant causes the parking lot setback variance. It is possible to reconfigure the
restaurant and parking on the site and eliminate the variance request. The current
configuration is one that the applicant feels will be most economically rewarding, as it gives
the restaurant the needed parking stalls to access the restaurant.
4. The granting ofthe variance(s) is in harmony with the general purpose and intent ofthe
Comprehensive Plan. .
As previously mentioned, the proposed restaurant meets the Cornprehensive Plan for this
area. The associated variances would help the restaurant function in a manner that would
allow the restaurant to remain at its proposed site. The variances would be in harmony with
the general purpose and intent of the Comprehensive Plan.
5. The granting of the variance(s) will not be matelially detlimental to the public welfare or
matelially injurious to the enjoyment, use, development, or value of property or
improvements in the vicinity.
City staff feels that the proposed project will do just the opposite. A restaurant use in the
proposed location will be an asset to the community, and will be beneficial to the enjoyment,
use and value ojproperty or impro-vementsinthevicinity. ......
Vacation
Section 9.409, subd. 6 of the Columbia Heights Zoning Code requires that the Planning Commission
make each of the following findings before approving a vacation of a street, alley, or public right-of-
way:
1. No plivate lights will be injured or endangered as a result ofthe vacation.
The vacation will enable the applicant to have sufficient parking for the restaurant patrons.
In this case, no private rights will be injured or endangered.
2. The public will not suffer loss or inconvenience as a result ofthe vacation.
Although the public right-of-way will be taken away, the project will incorporate a
pedestrian sidewalk that connects the east and southeast residential components of the area
to 40th Avenue and the restaurant. For this reason, the public will not suffer loss or
inconvenience as a result of the vacation.
Planner Sargent noted that Centerpoint, Xcel Energy, and Qwest have all given their approval of the
vacation. Comcast is the only utility that still needs to respond to the request. Public Works also will be
requiling an easement as an 8" watermain runs through Lookout Place.
P.43
PLANNING & ZONING COMMISSION MINUTES
PAGE 8
OCTOBER 4, 2005
Conclusion
The final plat needs to reflect any site plan changes resulting from the comments above. Assuming
those issues can be resolved, the preliminary plat can be approved. It is expected that the final plat will
need to be modified a bit between the time the preliminary plat is approved and the fmal plat is
submitted for approval.
It should be noted that the vacation process takes two public hearings, a first and second reading by the
City Council until it becomes valid. The vacation does not go into effect until 30 days after the second
reading of the ordinance is approved.
Staff recommends approval of the preliminary plat, the site plan, the vacation, and the variances with the
conditions noted in the staff report. Streetar reminded members that the properties will not be sold until
all approvals have been obtained.
Questions/Comments from Commissioners:
Commissioner Peterson asked for clarification of pylon size allowances versus the variance being
requested for the monument sign. If a pylon sign were installed it could be 20 ft high and have 75
square footage of signage space. The applicant is requesting that his monument sign be approved for 16
ft height instead ofthe 8 ft allowed, which would still be shorter than the allowed height of a pylon. The
monument sign will have a 4 ft base, a small reader board advertising specials, and the business name on
the top, which is why the variance for sf of the sign is also requested. Peterson felt the mOllllilient sign,
even with the increase in size, is far more attractive than a standard pylon style sign. Szurek also felt the
sign would loOk nicer than apyl()ndesigIi:.- .... ........ ...... .. . .. ................. ...... ... ... ....-.. ..... ....... ........ ........ .............- .......... ... .... .. . ......... .....- ..... ...... .....-. ...... ......... ....... ............... .... ............ ...
Thompson thought there may be a parking issue on Summit Street due to overflow from the restaurant.
Sargent explained that residents will have to access Summit by a different means due to the vacating of
Lookout Place. However, it is not their intent to have parI<-l11g go onto neighborhood streets. p...nd \vith
the entrance and exiting to 40th Avenue, any overflow would probably be along that street.
Szurek asked if it would be possible to have signs placed on Summit St that would indicate "Resident
Parking Only". That can be referred to the Traffic Commission.
Thompson asked about storm sewer/ponding issues. It was explained that the current storm sewer will
be expanded from what it is now to handle a "10 year" storm. "100 year" storms will result in ponding
on the site. Thompson also wanted the alley constructed prior to Lookout Place being blocked off so
neighbors would have access. He also thinks once the street is vacated, it will be difficult to access to
the Gondek property. The turning radius is not shown on the plans. He also questioned the age of the
watermain serving the property. He wants to ensure that the Public Works Director checks into that
during his review.
Fiorendino questioned what level of drainage is required by code. Sargent responded that he thought the
requirement is for a "10 year" storm. He said the City Engineer reviews that requirement and he is
satisfied, this meets the requirements.
P.44
PLANNING & ZONING COMMISSION MINUTES
PAGE 9
OCTOBER 4, 2005
Schmitt asked what the height of the sign was at the Oasis Market across the street from this site.
Schmitt felt the applicant's sign could be similar to that sign in height, but should not be higher. And
she didn't think the chain link fence blocks the view of the proposed sign, so she questioned whether
there really is a need for the additional height. Fiorendino also thought the sign was too large and
would like to see something closer to 'the size required in the Design Guidelines.
Fiorendino asked how many other signs there would be. In addition to the monument sign, there will be
a small directional sign marking the entrance off 40th and an awning over the door to identify the
entrance to the restaurant.
Schmitt was concerned about lack of fencing next to the residential properties. She felt it may be
needed to prevent people from trespassing onto neighbor's yards. Fiorendino asked about access from
the south where the residential redevelopment will take place, and whether it will allow walking traffic.
Sargent said there should be sidewalks, but these plans are not clear on that.
Peterson questioned ifthe maximized parking plan they have proposed will impact the neighborhood.
And he questioned who would be responsible for trimming the barrier trees to ensure they do not
encroach in the attached areas. Planner Sargent informed him that the restaurant owners will be
responsible for maintaining the site and the landscaping.
Peterson asked Mr. Sarna what type of restaurant this would be. Dave Sarna (11437 Cannon Crt,
Blaine) responded that it would be similar to an Applebees or Champps. The bar will be located in the
center and tables amund-theexterior of the building. It-isnot-going-to-be-a "Sports Bar" with-alLthe
focus on TV's and sporting events. He said it will cater to people 30 years old and up who are looking
to sit down for a meal or sandwich and relax and talk. It will not cater to the younger crowd or have
loud entertainment.
Szurek commented that at first she was concerned about lack of fencing, but now thinks the trees will
work better and be more aesthetically appealing. She also commented that no lighting plan was
included. The applicants stated that there will probably be 2 or 3 lights that will be screened and the
light will be directed to the parking lot and should not shine onto neighboring properties. When asked
about the color scheme planned for the building, the applicants stated the building would be either tan or
grey brick and stucco and will having roofing to match.
PUBLIC HEARING OPENED FOR QUESTIONS/COMMENTS
Mike Gondek, owner of 334 40th and 325 Summit St, spoke to the problems he will have with access to
his properties once Lookout Place is vacated. The business on 40th has been in his family since 1958.
The loading door faces west and trucks now back up to the garage door. He receives deliveries from two
Speedy Trucks and two UPS trucks everyday and a semi truck occasionally. He stated that he and the
Sarna's have been working on an agreement to gain access to his property, but as of this date have been
unable to come to terms acceptable to both parties. Gondek said they are close to reaching an
agreement, and the remaining issue is with grading that would be needed to make the proposed
agreement work' P.4 5
PLANNING & ZONING COMMISSION MINUTES
PAGE 10
OCTOBER 4, 2005
Jim Sarna stated that they have offered to increase the size of Mr. Gondek's loading door to 10 feet, to
widen the driveway, add a service door to the rear of the building, and do some grading. However, Mr.
Gondek wants additional grading done and is not willing to share the cost. Mr. Gondek stated the
additional grading needs to be done so the approach is not too steep and also is waiting for an Engineer's
approval on the new beam that would be required to widen the loading door. Once these two issues are
resolved, and agreement should be signed.
Mr. Gondek said his other concern is that the house on Summit St., which also faced Lookout Place, will
now face the alley and when the alley is plowed it will push the snow onto the front steps. It was agreed
this would be an inconvenience, but something he was aware of when he purchased the property.
Bruce Shellito, 403 Summit St, stated that the existing alley has problems now and he doesn't want to
see them compounded. Szurek responded that she believed the City Engineer and the Fire Chief would
look at these issues du..ring their review ofthe Final Plat.
Joyce Shellito, 403 Summit St, questioned whether a 10 ft. alley, to a 10 ft. turn with a tree in the way, is
adequate. She also questioned whether the building being proposed is too big for the site since they are
asking for variances to allow the placement of the building closer to University Ave. The Commission
members explained that it is a reasonable request as there is additional green space along the Highway
due to a:MN DOT easement and that the green space will still be sufficient.
Shellito then questioned the parking being adequate if they expand and add a banquet room to the lower
level. Mr. Sarna stated that they have no plans to do that. They are not putting in an elevator shaft
whichwouldberequired. tooperateahanquet mom.PlamlerSargelltalso explained thattheparking
requirement is 30% of the 180 seats resulting in a minimum of 54 required stalls. 74 stalls are currently
being proposed to help keep the parking on site. Even if the 10 foot variance were not approved, the
same size building could still be constructed, because parking would be met. The vmiance being
requested has nothing to do with the size ofthe building, it is being requested to provide parking spaces
in excess of the requirement.
Shellito then asked about deliveries and trucks that would come and pick up grease from the site. She
doesn't want it to be a bother to residents in the neighborhood. She also is concerned about the lighting
not interfering with residents.
The Public Hearing was closed.
Peterson asked how residents would have their concerns addressed. Szurek stated it was not the
Commission's place to answer all the concerns, but that residents should submit their concerns in
writing so they can be addressed during the review of the final plat by staff.
P.46
PLANNING & ZONING COMMISSION MINUTES
PAGE 11
OCTOBER 4, 2005
Motion by Szurek, seconded by Schmitt, that the Planning Commission approve the site plan based on
the following conditions:
1. A row of arborvitae shall be planted at a minimum of 6-feet in height and spaced as to create a
filiI screening barrier along the eastern property line abutting the residentially zoned parcels.
2. Screening and/or landscaping has been shown on the plan along the entire perimeter. Must
provide a landscape plan indicating plant types, sizes and species.
All ayes. MOTION PASSED.
Motion by Schmitt, seconded by Fiorendino, that the Planning Commission recommends that 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 Plat should identify the name of the proposed development.
3. University Avenue is a MnDOT roadway, and 40th Avenue is an Anoka County roadway. Must
provide the City with their respective review comments of the Development plans.
4. A 30-foot "turnback" from MnDOT for the University Avenue Service Drive is included in the
preliminary plat. MnDOT's position on removals, landscaping andfencing of this area needs to
5. The University Avenue Service Drive is still used for 3901 Lookout Place. Therefore, an
alternate access should be developed for 3901 Lookout and installed by the Developer prior to
the removal of the University Service Drive in this area.
6. All construction traffic must be controlled and shall be directed through the vehicle tracking
pads, as indicated on the SVr'PPP plan. All construction access will be limited off of 40th Avenue.
Due to the traffic volume on 40th Avenue, frequent street cleaning may be necessmy.
7. The City standard for drive entrances is a concrete apron matching the concrete curb and gutter.
8. If any existing curb and gutter grades are less than one percent (1 %) at the driveway cuts,
provide a concrete cross gutter.
9. All erosion control measures shall be installed and inspected by the City prior to any site
activities beginning.
10. Any site grading prior to final plat approval will require an excavation permit, obtained from the
Engineering department.
11. An NPDES permit will be required, at the time of construction. Additional erosion control
measures along the southerly property line are recommended, due to the natural slope of the
property. the City also reserves the right to require additional erosion control measures during
construction, as conditions warrant.
12. All restoration of turf areas in the Public Right-of Way (ROW) shall be by four (4) inches of
topsoil/sodding.
13. All work within Public ROW shall be inspected by the City Engineering Department. Twenty
four (24) hour advance notice of an inspecip.4 is required.
PLANNING & ZONING COMMISSION MINUTES
PAGE 12
OCTOBER 4, 2005
14. The alley connection shown by the Developer connecting the existing east-west concrete alley to
access Summit Avenue is acceptable. The Final Plans shall include a design detail meeting City
requirements for alley construction. And that alley access must be provided prior to Lookout
Place being closed.
15. A north-south sidewalk connection has been shown extending to 40th Avenue to the north and
Summit Avenue to the south. The Final Plans shall include a design detail meeting the City
requirements for pedestrian ramps and grade.
16. All utilities (water main,. sanitary sewer and storm sewer), shall meet the City of Columbia
Heights specifications for materials and installation.
17. Disconnect any existing utility service stubs in accordance with Public Works requirements.
18. The final plans should include sign age for the alley change of direction.
19. All sidewalks shall meet ADA requirements for pedestrian ramps and grade.
20. At final plan submittal, the developer must provide plan/profile sheets for the utilities.
21. The plat must be found acceptable to the Fire Chief
All Ayes. MOTION PASSED.
Motion by Szurek, seconded by Schmitt, that the Planning Commission recommends the City Council
approve the 1 O-foot front yard setback variance for parking.
All Ayes. MOTION PASSED.
..Motion bySzurek, seconded by Pete,'sonthatthePlanningCommission recommends the City Council...
approve the 8-foot height variance for the monument sign and the 35 square foot area variance for the
monument sign.
Ayes-Szurek, Schmitt, Peterson Nayes-Thompson, Fiorendino
MOTION PASSED.
Motion by Schmitt, seconded by Szurek, that the Planning Commission recommends approval of the
requested vacation of the portion of Lookout Place as described herein based on following conditions of
approval that have been found to be neceSSalY to protect the public interest and ensure compliance with
the provisions of the Zoning and Development Ordinance, including:
1. The proposed easement for the existing utilities be extended 5 feet further west to accommodate
the existing water main line, to be approved by the City Engineer.
2. The closure and removal of the existing Lookout Street section shall be the responsibility of the
Developer.
3. The second reading of the proposed vacation will not occur until the City Council approves the
preliminary and final plats.
4. The approval of the vacation is contingent on the utility companies (namely CenterPoint
Energy, Comcast Cable, Qwest, and Xcel Energy) giving approval of the vacation.
All ayes. MOTION PASSED.
P.48
PLANNING & ZONING COMMISSION MINUTES
PAGE 13
OCTOBER 4, 2005
To reiterate the issues the Commission wants to have checked more closely:
A more detailed Lighting Plan to include Summit St.
New Alley constructed prior to closing Lookout Place.
Check the condition ofthe existing watermain and sanitary sewer.
Access agreement for loading dock.
Comments from Fire Chief.
NEW BUSINESS
None
MISCELLANEOUS
Bob Streetar updated the commission members on the following:
1. The City Council approved the hiring of DSU to design a plan for the Sheffield area. It will
be a long process, but residents in the area are in support of continuing the redevelopment of
the area.
2. The EDA entered into an agreement with Anderson Builders to re-develop the 49th _50th block
of Central Avenue. Taco Bell and U dupi Cafe are the only two businesses that will still be
locatedinthe block.
3. The groundbreaking of Phase II will be held October 19th. Mr. Streetar reported that 8 units
in the new Park View Addu. have already been sold.
4. The City is working with DSU to establish a plan for the Burger King-Mady's property on
the 3900 block of Central Avenue.
S. Jeffwill be working with Commission members to re-write the Sign Ordinance to streamline
and update the code to current situations.
The meeting was adjourned at 9:45 pm.
Respectfully submitted,
Shelley Hanson
Secretary
PA9
~-A-]-L
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS TRAFFIC COMMISSION
AUGUST 29,2005
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Chairperson Carlson called the meeting to order at 6:05 P.M.
1. ROLL CALL
Members Present:
Anderson, Carlson, Stumpf, Goodman
Members Absent:
Sturdevant
Staff Present:
Kathy jean Young, Assistant City Engineer
Bill Roddy, Police Captain
Council Liaison:
Bruce Kelzenberg
II. APPROVAL OF JUNE 6, 2005 MINUTES
Motion by Goodman, second by Anderson to approve the minutes of June 6, 2005.
Motion carried unanimously.
III. OLD BUSINESS
A. REQUEST FOR TRAFFIC STUDY AT 42ND AVENUE AND JACKSON
At the June meeting, Ms. Tammera Shinn requested a traffic study be done near
the intersection of 42nd Avenue and Jackson Street. Her concern was the speed of
traffic in the area. Ms. Shinn also requested a "speed limit" sign and a "Slow
Children at Play" sign be installed.
Chief Johnson obtained vehicle speed and volume surveys on three days in June.
The results showed that the average speed was 19 mph with the maximum speed
not over 30 mph.
The Minnesota Manual on Unifonn Traffic Control devices does not recognize
"Slow Children at Play" signs.
Motion by Stumpf, second by Goodman to deny the request for speed limit and
"Slow Children at Play" signs. Motion carried unanimously.
P.50
Columbia Heights Traffic Commission
August 29, 200S
Page 2
IV. OTHER OLD BUSINESS
None.
V. NEW BUSINESS
A. REQUEST FOR STOP SIGNS ON 4TH STREET AT 46TH AVENUE AND 47TH
AVENUE
Sandy Davidson has requested stop signs at these intersections because of the
number oftraffic accidents she has observed.
The visibility at the intersection of 4th Street and 4ih Avenue is good. The east
and westbound traffic stops at University Avenue Service Drive and 6th Street.
On 4th Street, the north and southbound traffic stops at 4Sth and 48th Avenues.
Visibility at the intersection of 4th Street and 46th Avenue is fair. A hill in the
southeast comer of the intersection limits visibility somewhat. The east and
westbound traffic stops at University A venue Service Drive and Sth Street.
Chief Johnson reviewed the accident records from 2003 to the present and found
thafaf46th- Avenl.lelhefe-Wefe-Sacciaenfs i'el'f5fte-d;primarily-forfatluretoyietd:--
No accidents were reported at 4ih Avenue and 4th Street.
Motion by Anderson, second by Goodman, to deny the request for stop signs at
the intersection of 46th and 4ih }...venues at 4th Street. 1'.1otion carried.
B. REQUEST FOR STOP SIGNS ON LINCOLN TERRACE AT FILLMORE
STREET
Mr. Jon Brunsvold of 491S Fillmore Street has requested replacing the yield
signs at this intersection with stop signs. The yield signs are on Lincoln Terrace.
Mr. Brunsvold and Council member Kelzenberg witnessed an accident in June
and others have observed many accidents, seemingly because drivers do not pay
any attention to the yield signs. With the high school nearby, the age and
experience of drivers may also be a factor.
Chief Johnson reviewed the accident records from 2003 to the present and found
three incidents, two were failure to yield. The visibility of the intersection is
good. The yield signs are clearly visible.
P.Sl
Columbia Heights Traffic Commission
August 29, 2005
Page 3
Chairperson Carlson stated that stop signs probably wouldn't be any more of a
deterrent to motorists to slow down than the yield signs. State statutes don't
warrant stop signs at this intersection. Mr. Brunsvold indicated that he has lived
there since 1978 and has seen lots of near misses. Speed is an issue and the street
is very narrow. There are no sidewalks in the area so kids have to walk in the
street. Council member Kelzenberg indicated that he drives this area every day
and it doesn't matter what time of day it is, people are in a hurry and just not
paying attention to the yield signs.
Commission members suggested a traffic study be done. Motion by Anderson,
second by Goodman, to do a speed and traffic COlmt study to determine whether
stop signs would be justified and call for a Public Hearing October 3, 2005.
Motion carried unanimously.
C. REQUEST FOR LANE DESIGNATIONS ON 41 ST AVENUE AT CENTRAL
AVENUE
Barbara Breen is requesting the lanes on 41 st Avenue, east of Central Avenue be
designated lanes as either left turn, thru or right turn lanes. Many drivers trying to
make a left turn onto Central Avenue impede the other traffic. 41 st Avenue east of
Central Avenue, is striped and has traffic signal loop detectors for two lanes of
westbound traffic. The southwest bOUlid lane lines up with the westbound lane of
4TstAVenueontheWesfsicleof-Cefitral Avenue: -COITl1nission-membersfeelihat
there is not enough room to make an extra lfule.
Motion by Stumpf, second by Anderson to deny the request to designate lanes as
either left turn, thm or right tl1m lanes. Roll Call vote: Anderson-yes, Goodman-
abstained, Stumpf-yes, Carlson-yes. Motion passed.
D. REQUEST FOR TRAFFIC CALMING MEASURES ON STINSON BLVD.
Several property owners on Stinson Blvd. have submitted letters which request
the following items: Introduction of a 25 mph speed limit starting with Stinson
Blvd block 4000 going to at least block 4100; construction of sidewalks and bike
trails and speed bumps; and converting Stinson Blvd. into a cul-de-sac (only for
cars) close to Silver Lake Park.
Chief Johnson obtained vehicle speed and volume surveys on three days in July.
These speeds would have resulted in 4 tags and 6 warnings. The volumes and
speeds are higher than normal residential traffic.
P.52
Columbia Heights Traffic Commission
August 29, 2005
Page 4
Staff supports exploring the 25 mph speed limit with the City Council. Sidewalk
or bike trails are also supported by City staff. However, sidewalk cost and winter
maintenance would be the responsibility of the adjacent property owners and a
petition for a sidewalk would need to be submitted to the City Council clearly
stating that the cost would be assessed.
Stinson Blvd. is a main north-south route for Fire and Police. Staff does not
supp0l1 the construction of a cul-de-sac. Commission members were not in favor
of a cul-de-sac stating the importance of Police and Fire vehicles needing to get in
and out of an area in a timely manner in an emergency situation.
Darin Ingemansen of 4050 Stinson Blvd. expressed concern with the increased
traffic on Stinson Blvd. partially due to the Apache development construction.
Stinson Blvd. is dangerous, narrow, no shoulder and no sidewalks.
Mr. Ingemansen stated he didn't think changing to 25 mph would make a
difference because they don't respect the 30 mph sign now. Speed bumps were
discussed and the hazardous liability they create for the City. Ifparking was
restricted along Stinson Blvd., it would create an opportunity for greater speeds.
* Council member Kelzenberg left at 6:50 p.m.
, .. 'lvlicniielPiiulitschof4U40-Stiils5iYBlvd':alsoexpres1recl-concern with tnetraffic
on Stinson Blvd. V/ith, the Apache redevelopment construction and Silvervvood
Park, he felt that the whole area would benefit from a traffic slow down.
Heather Oehrle!ll of 4088 Stinson Blvd. expressed concern with the comer of 4151
,and Stinson Blvd. Cars don't stop, bikers, skateboarders and roller bladders come
down the hill and lots of near accidents. A cul-de-sac would be good.
It was suggested that Arthur Street be the main north and south route for Police
and Fire. Captain Roddy explained that the residents on Arthur Street would
come before the Commission expressing concerns with increased traffic on their
street.
Captain Roddy suggested sidewalks would be the best. Signs can be everywhere
and motorists still won't stop. Arterial routes south to north generate more traffic.
He suggested that residents would have to be very convincing ifthey were going
to proceed with the cul-de-sac request.
P.53
Columbia Heights Traffic Commission
August 29, 2005
Page 5
Another resident asked about making Stinson Blvd. a one-way street. This would
not be feasible as the law prevents a law enforcement vehicle from going against a
one-way street designation.
Robbie Keller of 4104 Stinson Blvd. stated that sidewalks won't stop traffic.
Presently 90% of the motorists don't stop.
Pat Sweeney of 41 00 Stinson Blvd. stated they have lived there 28 years and the
traffic has dramatically increased.
Ana Temin of 4012 Stinson Blvd. said she would like to see a solution to the
increased traffic problem. Sidewalks would be perfect, but that wouldn't be a
short term solution to the problem, at least do something temporarily until the
situation can be resolved.
Kathy Oehrlein of 4088 Stinson Blvd. stated concern with the speed. Recently
she observed a car passing another car on Stinson Blvd. in front of her home.
Commissioner Carlson suggested the Engineering Department do a feas,ibility
study of traffic/sidewalks/cul- de-sac in the area. Motion by Goodman, second by
Stumpf to bring the traffic calming measure on Stinson Blvd. to a City Council
.. 'WoflCSessTonWhere--ilcaii 15e-dTscussed-argreater tel1gth-and-resolved:-Motion
carried.
VI. OTHER NEW BUSINESS
A. Mathew Browne of 4301 Madison Street requested stop signs on 43rd Avenue at
Madison Street and a yield sign on Madison Street going north. If traveling west
on 43rd Avenue traffic speeds along and he has heard and seen accidents there.
Traffic Commission members will discuss it at the October 3 meeting.
VII. REPORTS
A. CITY ENGINEER
None
P.54
Columbia Heights Traffic Commission
August 29, 2005
Page 6
B. POLICE CHIEF
None.
C. COMMISSIONERS
None.
VIII. ADJOURNMENT
Motion by Goodman, second by Stumpf, to adjourn the meeting at 8:00 p.m. Motion
carried.
Res ec:s~
oanne Baker
Traffic Commission Secretary
P.55
5 - II <5- ~
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS TRAFFIC COMMISSION
OCTOBER 4, 2005
I" '1'1 ~:rr;' c; '7 ~,il P.TTJ"l "';" C'
,r,,;~_...I~~.[J 1__ ". )...1')
"r\7 ^.T! 1" 'r, T) 1) "', IT' i", rt
._"i~J',I, ':J: J;" ...,U "..t.:..U
Chairperson Carlson called the meeting to order at 6:00 p.m.'
I. ROLL CALL
Members Present: Anderson, Carlson, Stumpf, Sturdevant
Members Absent: Joe Goodman
Staff Present: Kathyj ean Y Olmg, Assistant City Engineer
Tom Johnson, Police Chief
II. AFPROV AL OF AUGUST 29, 2005 Mn..:r0TES
Motion by Stumpf, second by Anderson to approve the minutes of August 29, 2005.
Motion carried unanimously.
III. OLD BUSINESS
A. PUBLIC HEARING TO INSTALL STOP SIGNS ON LINCOLN TERRACE
AT FILLMORE STREET.
JonBruns\'old.requestedreplacingthe yield signsatthis.intersectionwith stop...
signs. The yield signs are on Lincoln Terrace. Mr. Brunsvold and others present
have observed many accidents, seemingly because drivers do not pay any
attention to the yield signs. With the high school nearby, the age and experience
of drivers may also be a factor.
A Public Hearing was held to address the request to install stops signs on Lincoln
Terrace at Fillmore Street. Jessie Hart of 1401 Lincoln Terrace expressed
concern with safety, predominantly with high school kids driving way too fast.
She cited one incident that was close to being an accident.
Jerry Hart of 1401 Lincoln Terrace also noted the high rate of incidents in the
area. He feels that it is treacherous to back out of his driveway. He also
mentioned that he thought that at one time there were stop signs that were
replaced with Yield Signs.
Bonnie O'Brien of 4905 Fillmore St. stated that her street is a race track. There
are no stop signs and she can't back out of her driveway safely.
P.56
Official Proceedings
Columbia Heights Traffic Commission
October 3, 2005
Page 2
Chairperson Carlson indicated that he didn't think stop signs would change the
situation because motorists don't obey the Yield signs now.
Mary Pfeifer of 491 0 Fillmore St. expressed her concern with the speed of
motorists and safety for the residents in the area.
Police Chief Johnson stated he sympathizes with the concerns of the residents in
the area. He stated he wishes he could have officers at evelY comer. He urged
residents to set good eXanIples by obeying the signage. Cell phones and loud
music are things that the youth of today are distracted by.
Ms. Hart stated that since there are no sidewalks in the area, everyone has to walk
in the streets. Speed bumps are not effective either. Over the years, nothing
happens unless there is a fatality and no one wants that to happen.
The residents present requested four way stop signs be installed due to the volume
of traffic in this area. Staff added that the request and hearing publication was for
stop signs on Lincoln Terrace only.
Motion by Sturdevant, second by Anderson, to recommend the City Council
.... ..... .. ..... ....... .. .... ..... ... .... ..installfomway stop-signs on LincolnTerraceand-P.iHmore.Streetbased.onthe
configuration of the intersection and the amount of pedestrian traffic generated by
the nearby schools. Roll Call Vote: Anderson-aye, Carlson-aye, Stumpf-aye,
Sturdevant-aye. Motion carried unanimously.
IV. OTHER NEW BUSINESS
None.
V. NEW BUSINESS
A. REQUEST FOR TRAFFIC CONTROL AT THE INTERSECITON OF
MADISON STREET AND 43RD AVENUE.
At the August meeting, Matthew Browne of 430 1 Madison Street requested stop
signs on 43rd Avenue at Madison Street and a yield sign on Madison Street going
north. When traveling west on 43rd Avenue, traffic speeds along and he has heard
and seen accidents in this area.
P.57
Official Proceedings
Columbia Heights Traffic Commission
October 3, 2005
Page 3
Chief Jolmson reviewed the repOlied accident records from 2003 to the present
and found three accidents in 2003, four accidents in 2004 and four accidents in
2005.
The visibility is limited because of the landscaping on the north side of the
intersection. The hedges are trimmed in accordance with the City's visibility
requirements. This intersection had been reviewed by the Traffic Commission in
May and June of2003. At that time the accident record did not support stop signs
and the request was denied. Since that time there has been a sharp increase in the
number of reported accidents.
Traffic on 43rd Avenue is required to stop on Monroe Street and Jefferson Street.
Staff recommends stopping traffic on Madison Street.
Motion by Anderson, second by Sturdevant to call a Public Hearing to install
"stop signs" on Madison Street at 43rd Avenue. Roll Call Vote: Anderson-aye,
Carlson-nay, Stumpf-aye, Sturdevant-aye. Motion carried.
B, REQUEST FOR ''NO TURN ON RED" SIGNS AT THE INTERSECTION OF
STINSON BLVD. AND 39TH AVENUE.
Ms. Barbara DePalma has requested "No Turn on Red" signs at the intersection of
39th Avenue and Stinson Blvd. The concem is the safety of residents at Heights
Manor crossing the streets. With the intersection posted as "No Turn on Red",
pedestrians would not have to compete with tuming traffic.
The pedestrian crossing time will be lengthened with the signal system being
installed as part of the 39th Avenue reconstruction. This may reduce the need for
the "No Tum on Red" restrictions. The City of St. Anthony would need to agree
to these restrictions.
Motion by Sturdevant, second by Stumpf, to table the request to install ''No Turn
on Red" signs at the intersection of Stinson Blvd. and 39th Avenue until the
completion of the road reconstruction. Motion carried unanimously.
VI. OTHER NEW BUSINESS
None.
P.S8
Official Proceedings
Columbia Heights Traffic Commission
October 3, 2005
Page 4
VII. REPORTS
A. CITY ENGINEER
The Volunteer Recognition Dinner will be at Murzyn Hall on Wednesday,
December 14,2005.
B. POLICE CHIEF
None.
C. COMMISSIONERS
None.
VIII. ADJOURNMENT
Motion by Sturdevant, second by Stumpf, to adjourn the meeting at 7:00 p.m.
anne Baker
Traffic Commission Secretary
P.59
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: October 10, 2005
ITEM: Establish Executive Work
Session Meeting Date - Oct. 24, '05
NO:
BY: Walter R. Fehst
DATE: October 6, 2005
DATE:
AGENDA SECTION: Consent
NO: 5 ~ A - Y
ORIGINATING DEPARTMENT:
CITY MANAGER'S
,
!
It is suggested to schedule a City Council Executive Work Session for the purpose of discussing
labor contract negotiations on Monday, October 24,2005 beginning at 6:30 p.m. in Conference
Room 1.
RECOMMENDED MOTION:
:MOTION: Move to schedule a City Council Executive Work Session for the purpose of discussing
labor contract negotiations on Monday, October 24,2005 beginning at 6:30 p.m. in Conference
Room 1.
COUNCIL ACTION:
P.60
CITY COUNCIL LETTER
Meeting of October 10,2005
AGENDA SECTION: Consent .5 - A-5
NO.
ITEM: Transfer of Funds from General Fund to Police
NO. Dept. Budget to Reimburse Oveliime Fund
ORIGINATING DEPARTMENT
POLICE
BY: Thomas M. Johnso
DATE September 22,200
BACKGROUND
During the past four months, the Police Department has been involved in off duty employment details
that are handled through the depmiment. These details were a security detail at Unique Thrift Store,
Columbia Heights High School activities, traffic direction at the Summer Academy, and the
hmnaculate Conception Flill Fest.
Since this type of off duty employment is handled through the department, officers have signed up
and worked these details since June 6, 2005, and we have received a check from the following
entities: Unique Thrift Stores $2,068.00, Columbia Heights High School activities $763.75, Summer
Academy traffic detail $3,911.50, and Immaculate Conception Fun Fest $716.75. According to the
City Finance Director, this money is considered revenue and must be placed in the City General
Fund.
ANALYSIS/CONCLUSION
The Police Department is requesting that the City Council pass a motion requiring the $2,068
received from Unique Thrift Stores, $763.75 received fi..om Columbia Heights High School activities,
$3,911.50 received from the Summer Academy traffic detail, and the $716.75 collected from
hmnaculate Conception Fun Fest be returned to the 2005 Police Department budget line 1020.
REcorvrrvIENDED MDTION: Move to transfer $2,068 received fi..om Unique Tlllift Stores,
$763.75 received from Columbia Heights High School activities, $3,911.50 received from the
Summer Academy traffic detail, mld the $716.75 collected from Immaculate Conception Flill Fest-a
total of $7,460-from the General Fund to the Police Department 2005 budget 11l1der line #1020,
Police Overtime.
TMJ :mld
05-183
COUNCIL ACTION:
P.61
City of Columbia Heights Police Department
IVIEl\10
To: Chief Thomas Johnson
From: Captain William J. Roddy
Subject: Overtime Transfer
Date: September 19, 2005
Attached is a list of the overtime re-imbursement received from June 22nd through
September 19th, 2005. This is income from outside sources that has been paid to CHPD for
services of our personnel. Please request transfer of these funds to our overtime account.
Unique Thrift
INVOICE #
022
023
DATE
7-21-05
8-02-05
AMOUNT
$ 940.00
,
1128.00
Columbia Heights Highschool Activities
INVOICE # DATE
016 6-06-05
AMOUNT
$ 117.50
Summer Academv
INVOICE #
021
DATE
7-14-05
AMOUNT
$3911.50
Immaculate Conception Fun Fest
INVOICE # DATE
025 8-16-05
AMOUNT
$ 716.75
Total Amount to be transferred to OT Account
$7460.00
P.62
H'<'~VOICE
Cohuubia Heights Police Deparhnent
Date:
July 21,2005
Invoice #:
2005-022
Customer Name: Unique Thrift -Attn: Daryl
Address: 2201 3ih Ave NE, Columbia Heights, MN 55421
Home Phone:
Work Phone: 763-788-5250
Request for:
Police Officers for: June 2005
Fri.
Sat.
Tue.
Sat.
Fri.
06-03-05
06-04-05
06-07-05
06-18-05
06-24-05
.1045-1445 Ko
1530-1930 Ok
1515-1915 Ok
1530-1930 Ko
1300-1700 Ko
4hrs
4hrs
4hrs
4hrs
4hrs
~
v
0)
~
~
^ n,..J~ 0""
V' \0
o
~..m:iJl.<~~~~ ~
~~~~
Number of Officers:
r::
..J
Hours:
'20
2005 OT Wage is $47.00 hr.
Prenz. Rate is $62.66 hr.
Total Due:
$940.00
Make checks payable to the ACity of Columbia Heights@.
Please mail payment to: City of Columbia Heights Police Department, 559 Mill StreetNE,ColumbiaHeights, MN 55421
~~...~...............,,~~""""'.....=>a:.l~n."""...,."""'~~ ~__"""""""'_ ~~~-.................."""......~~~1iiD'
~~~..... ~=--~~~~~ ~=
FOR DEPARTklENT"lL USE ONLY
Officer(s) on Duty:
t'6.. l)~
-?yO -=
Off Duty:
Amount Received:
Date:
J4~J
,
P.63
Nf1sh Sales, InG.
DATE INVOICE NO COMMENT
07/~1/05 2005-022
AMOTJNT
940.00
010204
Dlscmn'TT NET A.MOUNT
.00 940.00
CHECK: 010204 08/01/05 City of ColtID~ia Heights
CHK TOTAL:
940.00
-----',........~.........................----~~........_______...Po.....~_._..................~~............._..._"'_.._.__........~.................,..~.........,.-.-._-...__-'"-"a.-....---"~~~~
Nash S;;\!es, Inc.
'1387 Cope Ave. E.
Maplewood, MN
010204
St. Paul, MN
75-882-960
*NINE HUNDRED FORTY DOLLARS M~D NO CENTS
PAY
TO THE
ORDER
OF:
City of Columbia Heights
City of Col. Hgts Police Dept
559 Mill Street NE
Columbia He~ghts MN 55421
DATE
08/01/05
AMOUNT
***'\-***940.00'"
c
liD 0 ~ 0 2 0 ~'\111! s: 0 q bOO B B 2 50: g ? g 5 0 ~ g II~
~.......,~......~~-----~~-~~
P.64
Il\fVOICE
Colu:mbia Heights PoHce Departrnent
Date:
August 2, 2005
Invoice #:
2005-023
Customer Name: Unique Thrift -Attn: Daryl
Address: 2201 3ih Ave NE, Columbia Heights, MN 55421
Home Phone:
Work Phone: 763-788-5250
Request for:
Police Officers for: July 2005
Fri.
Tue.
Sat.
Tue.
Sat.
Fri.
Sat.
07 -01-05
07 -04-05
07 -09-05
07-12-05
07-16-05
07-23-05
07-30-05
1445-1845 Ok 4hrs
0900-1500 No Officer
1530-1930 Sc 4hrs
1500-1900 Ok 4hrs
1100-1500 Ni 4h'
1530-1930 Ko 41 'S
1530-1930 Ok
~ .n9
)r
;J d[7/( o(
1),
~~~~~
~'".;Il'iOi!lo~~- _.:.~.m~l~
BILLING INFORNIATION
Number of Officers:
6
Hours:
24
2005 OT Wage is $47.00 hr.
Total Due:
$1128.00
Make checks payable to the ACity of Columbia Heights@.
Please mail payment to: City of Columbia Heights Police Depmtment, 559 Mill Street NE. Columbia Heights, MN 55421
~""""'''''''''''''''ll<'''''''''''''''''''''''''''''''~~=--~'''''''''''''''~'~ ~....,_.......~~.t=:I;;:IC;l!!;l!.'tmi1~il!;$S~'~';::=cr;;t
~~...-....................-...................~...... ~<:I~" ,. ~~ 'Y' ~_:.;~
FOR DEPARTMENTAL USE ON.LY
Officer(s) on Duty:
Off Duty:
Amount Received:
41 l!)\'D
3121 -
Date:
3 -/7=OJ
@L +1"-(:( 0 ;E~ (00
P.65
Nash Sales, Inc.
DATE INVOICE NO COMMENT
08/02/05 2005-023
AMOillTT
1,128.00
O'j 0260
DISCOUNT NET AMOUNT
.00 1,128.00
'--.,J. /(/
~. ! l. ,7
Q .. . ':" 4. 'l. V
o-l--! clLLC.~~r t..{. {. --1:.__/
t (, I
le/ c c ,;,/lc2C/
CHECK: 010260 08/15/05 City of Columbia Heights
CHK TOTAL:
1,128.00
Nash Sales, Inc.
1387 Cope Ave. E. .
Maplewood, MN 55109
(651) 773.8077
Anchor Bank
North St. Paul, MN
75-882-960
*ONE THOUSAND ONE HUNDRED TWENTY EIGHT DOLLARS AND NO CENTS
DATE AMOUNT
08/15/05 +;****1,128.00*
PAY
TO THE
ORDER
OF:
City of Columbia Heights
City of Col. Hgts Police Dept
559 Mill Street NE
Columbia Heights MN 55421
1180 ~o 2!;OIlEl a:ogl;o08B 2S8:g7gS0lllgll~
_ . . ." .........,... ,_ ..'_'''_'._~ .~ ,.'. ''--' "_'" ._........__.....__...... ......__ '_.__ _""'" _..___........__~ _...... ._, .R ..._..... ._. ~ ~".,. ......_.._..A_.._ _"..... ....,...
P.66
Tf'r,T~lO' f I C7j-:f
11.1''i.1j. ../.'_ -../J.L...:.J
Coh.nnbia Heights Police Dep::nt~nelt1t
Date:
June 6,2005
Invoice #:
2005-016
Customer Name: Columbia Heights Highschool
Address: i440 49th Ave NE, Co!. Hgts. MN 55421
Home Phone:
Work Phone: 528-4602
Attn: Betty Thomas
Request for:
School Dance
Police Officer far:
.Ii~ (
IV I 10 )
vlv
05-20-05 1915-2245 (2.50 hI's.) 1 Officer- Karts
n'E.~~~~~!E!.~~~~!~~,~............",~........~=-"...--=~
~~~'.:1~ii'3IIO'1n'm.~~~=~am;:1!1.!'G!~IE!I.~~'T.n:a
BILLING INFORA-IATION
Number of Officers:
1
Hours:
2.5
Wage is $47.00 per hour.
Total Due:
$117.50
Make checks payable to the ACity of Columbia Heights@,
Please mail payment to: City of Columbia Heights Police Department, 559 MiIIStreetNE,ColumbiaHeights, MN 55421
L'l:In:Z;:'i!~~~~--.:r:.:.~",~~;.u..,.';I==="""""'~~~!Zl'.l~~~~"F..::!ro-~
~~=~"'=~~I~~~-.;.:.:~m~--:::i..."7i1Ull!ll~~~~~.n~:mrr.~~'f...t.~~~'~..~
FOR DEPARTMENTAL USE ONLY
Off Duty:
_Po 6 :pate:
t,-27~ d
Officer(s) on Duty:
tfl> 7~
/1 .
Amount Received:
/? ilL-- ~ I ""} ~ ~/'" ,,_/,
- ----------
.ffl / ~t~ OVERTIME ;d
~~~ -z1-1!~~t5_
, .
'- ~ -
Date: -2 r- J-{J - C ~
-Hours:2. ;j 0 112 '0 ;eg B" 112
From 1_7 / i~ to '1-~- Lf 5
,'Type -.fL6..~p / a~J!
whereC/! )17
Approved ~ Refused D
Date Yrd'<
_.."_."._.m"__.._"_______"'_________"_"~_____.._"__"__..----"--."--"-".-------."-".,,-"---"".,,.,.--,,.-:::..-.~-;--T_;:-".':':___"~:="_--\~-~._~~:__-"---____"._-"e"_-
Reason for refusal-O or.: t "-;- .,' 0 '
. '~\.'\t""'" -. .,
\\." ..
-
. J .
~": 0' /W o~.;~O~j
Supervisor ~~
" 0
P.68
SO NO. 13
.'::~~D=-,Q ~'! ~''';;lBf~
':E.'JDCl8 ',-,<,'..1"
- - .,.--
.~n::'~~.; _'-
08350 - 0 : CITY OF COLUMBIri HEIGHTS
__DATE~NOICE NUMBER
06/21/05 2005-016
06/21/05 2005-019
DESCRIPTION
06/23/05
1- P.O. NUMBER
00121424
AMOUNT
117.50
646.25
::lAID TC: CITY 0: COLUI'lEI}>, ::EIGHTS
POLICE DEP.~~TME}IT
TOTAL .';MOUNT
PAID
.,......., ,.-
.. 0..). I:J
559 ~I~~ STREET NE
caLL~1B=~.. ~EIGHTS, :-!N :J~~L.':"
~.. ~.~ """_"'j"~'" 9"i"
',' ~~ .-. ." ", I li1 \lI', ......~.1!.1 ~ c" --{I :f.:.\.~
~ , 'If' --, " ::u!! ~... <:\.,.,.. u", ~ .
. e 1
'!f .. ~
.~Ii'FT~
':". '!i1"
75.1592
.~
INDEPENDENT SCHOOL DISTRICT NO. 13
1440-49TH AVENUE t\j,E.
COLUMBIA HEIGHTS. MINNESOTA 55421
l!Wbank:.
CHE'~:-( DATE
'::;HECK I\JC.
912
303 Third Strget Northwest
East Grand ForKS. MN :672~
06/23/05
121424
DAY:
*******763
Dollars 75 Ce~ts
:::;;-':: ,::;:-< ..: i'.il C U i'H
$763:75
-.-:. "1-'::::JRDEr; OF
CITY OE"
COL~i7'-1B=~.
:.:rt:"-:I~:":"""C
~.......J....,,-....... _
rlTTN: POLICE DEP.~TME~T
559 MILL STREE;:' ~JE
COLUMB:A HEIGHTS, MN 5542l
r'~"~" .,
'...... .'. .... ...., '.".. .... .', ..... . ............
.-.- .... ....... .. ..... -. .......\
ii'~~lii!
,. .. ..1.;f~i4 ... ..... 2
11m b 2 ~ ~ 2 '"' liB I: 0 9 ~ 2 ~ 5 9 2 7 I: ~ 5 2 ~ 0 0 0 0 7 b 2 :1"u
P.69
I"'l,.n;: T (1\ iT. C1-r.:f
11. ~ 11 i1....jJd..'JL...~
ColUlnbi2 Heights Police Departl!nent
Date:
June 10,2005
Invoice #:
2005-019
Customer Name: Columbia Heights Highschool- Attn. Betty Thoni.as
Address: 1440 49th Ave NE, Col. Hgts. MN 55421
Home Phone: Work Phone: 528-4602
~/
It )0 $,
~/'>
Request for:
3
Police Officers for:
Graduation Activities 2005
1- Campout 6-03-05 Korts
2- Graduation 6-09-05 L. Okerstrom
McGee
2100-0400
1800-2.145
1800-2100
7.00 hrs'
3.75 hrs
3.00 hrs
'_ .... ~~=~~".~~~~'ll:
K.........-.._~~.uD:II.."'lIlll.,..".-"""'.....~-...,......~""..-_~~.... .:. ',.='''''''' ~~~
BILLING INFORMATION
Number of Officers:
3
Hours:
13.75
Wage is $47.00 per hour.
Total Due:
$646.25
Make checks payable to the AChy of Columbia Heights@.
Please mail payment to: City of Columbia Heights Police Department, 559 MilIStreetNE,ColumbiaHeights, MN 55421
~~~~.~~~~~.:....~!:!."I5:J:'I"................""",~~_,~~:z;.~~"l;".~.:..o~~"""",~~""""'~.I::~
:;"~~.....ii5E:i~"?~lt!m""~aa'l-~~-~~~~-;;:;;rn~'~
FOR DEPARTlv/ENTAL USE ONLY
Officer(s) on Duty:
~y~~
-~-,..--------
r; ! ':2-112.7
v~
P.70
Off Duty:
Amount Received:
Date:
C</?7P_S __
! o VF,RTIlVIE 0
I Officer: _!Z/--~U_Lt:orJ/-/:
Date: ~. 7 "6~-
.....~
Hours __/.:- 0 ~ 0 Reg ~ 1 'li
17 i ':J.~ -'-- - r\~/)~
-,,-r~m ~/-!( _u w~~!-- ,f-
Type 7<::''''1; 0 ~ r11~ i .
Where -.C~!i- ~/7
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Date ~/c;
. -J.teas<nrtorrefusa1--~---_r_-
~.
Supervisor ~
P.71
, ) OVERTIME 0 I
Officer: fU~-
fa .- 9 --(f) t;/
OVERTIME 0
Officer: uc O/~"'/CC)7;CJr"7~
.... I
Date: ~ - q~ OS
HOUTS 3 ~ ~ 0 Reg ~ Yz
I .
From 18 {) c) to c2/ ~/S
Type 1!-5 G A: /l--/J L/ ,4--'17 U "'fJ
Where (....-- + (
Date:
<7 _~
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Type ~~/;j~tU--c2~
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. Approved [S] "ReiU7 r /
Date {9 {{ (;(
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Approved 0 .lR1~fused 0
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IV
Date
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Supervisor
Supe~.visor
r-
ISO NO. 13 ".'=:!'iC'::-'" N'Y..!BER VaJDOR N",1\.1E
08350 - 0 : CI'tY OF COLUMBIA HEIGHTS
=HECI'~ C.:-::: ~:Ht;CI"\ f', ~
06/23/05 00121424
DA~ Ir.JVOICE ~;UMBER -
DESCRIPTIO~I P.O. NUMBER AMOUNT
06/21/05 2005-016'--' 117.50 .,/
06/21/05 2005-019 646,25"
.'
I
I
I
i I
P,L\ID TO: CITY O? COLUMBIA HEIGHTS
POL:C~ DEP~RTMENT
559 MI~~ STREET NE
COL~13IA HEIGHTS; MN 55421
TOTAL AMOUNT
PAID 763.75
~~1';~1i~iJ"~~~ O@,-=-".:,
1!:~f{l*'~~~~~~'"&1m'UL~~;Jfb~ !I~
- I
.: .
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'l.:: "i~ i .' II;::!- r.\~ I 'I' .rf.o:\'';~ii.li~!)j,.a. - .-" 1
, lItI, ~., _..,.f~..~..i,.''"
75-'1592
II~DEPENDENT SCHOOL DISTRICT NO. 13
1440-49TH AVENUE N.E.
COLUMBIA HEIGHTS, MINNESOTA 55421'
~bank.
CHECK DATE
303 Third Street Northwest
East Grand Forks, MN 56721
..
06/23/05
CHECK NO.
121424
912
n......... ......PAy:.... ..... ....*.*....*...'*+7.(5"3'
'Do'l'lar s....7.5.....Cent's
CHECK .AMOUf\IT
$763.75
,0 THE ORDER OF:
CITY OF COLUMBIA HEIGHTS
ATTN: POLICE DEPARTMENT
559 MILL STREET NE
COLUMBIA HEIGHTS, MN 55421
.~J&""'"
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II" ~ 2 ~ l, 2 tlllllii I: 0 g ~ 2 ~ 5 Ii 2 7 I: ~ 5 2 ~ 0 0 0 0 7 b 2 ::. liS
P.73
IN VUILl!.:
Cohnnbia Heights Police Departm.ent
Date:
July 14,2005
Invoice #:
2005-021
~ { )cr-
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Pg.l
Customer Name:
SUl1uner Academy (Attn: Jeanie Pullen)
Address:
5530 Peterson Rd., White Bear Lake, MN 55127
Home Phone:
651-426-5945
Work Phone: 651-415-5454
Request for:
Police Officers for: Summer Academy Traffic Detail
'J
~f/[O(
P.74
vVeek I
Sun. 6-12 1230-143011rs C. Ok (2-CSOl
Bo (2)
Mon. 6-13 0715-091511rs Ni (2) 1115-1315I1rs. Ni (2-CSO)
So (2) 1115-1315I1rs. So (2)
Tue. 6-14 0715-091511rs So (2) 1115-1315I1rs. Boll (2-CSO)
Ni (2) 1115-] 31511rs. C.Ok (2-CSO)
Wed. 6-15 0715-091511rs Boh (2-CSO) 1115-1315hrs. Boh (2-CSO)
C. Ok (2-CSO) 1115-1315hrs. C.Ok (Z-CSO)
Tim. 6-16 071 5-091511rs Boh (2-CSO) 1.]15-1315hrs. Boh (2-CSO)
C. Ok (2-CSO) 1] 15-13) 5hrs. C. Ok (2-CSO)
Fri. 6-17 0715-091511rs Boh (2-CSO) 1115-1315hrs. Boh (2-CSO)
Se (2) 1] 15-1315hrs. C.Ok (2-CSO)
Weel<: II
Mon. 6-20 0715-091511rs Bo (2) 1115-1315hrs. Boll (2-CSO)
Sc (2) 1115-1315I1rs. C. Ok (2-CSO)
Tue. 6-2] 0715-091511rs Boh (2-CSO) 1115-1315I1rs. Bol1 (2-CSO)
Bo (2) 1115-1315hrs. C.Ok (2-CSO)
Wed. 6-22 0715-091511rs Boh (2-CSO) 1400-1600hrs. B oh (2-CSO)
C. Ok (2-CSO) ]400-1600I1rs. C. Ok (2-CSO)
Thu. 6-23 0715-09]5I1rs Bo (2) 11]5-13i5hrs. Boh (2-CSO)
Se (2) 1115-1315hrs. Bo (2)
Fri. 6-24 0715-091511rs Se (2) 11]5-1315hrs. Boh (2-CSO)
Ok (2) 1115-1315I1rs. C.Ok (2-CSO)
Week III
Mon. 6-'27 07] 5-09] Shrs Ok (2) ] 115-13 ] 5hrs. St (2)
Tue. 6-28 07] 5-09] 511rs Ok (2) 1115-1315hrs. Boh (2-CSO)
Boh (2-CSO) ] 115-13]5hrs. C.Ok (2-CSO)
Wed. 6-29 07]5-09]5hrs Ni (2) 1115-1315hrs. (NO Officer)
.Boh (2-CSO) 1115-13]5I1rs. Boh (2-CSO)
TIm. 6-30 0715-0915hrs Ni (2) 1115-1315hrs. C.Ok (2-CSO)
Boh (2-CSO) 1115-1315hrs. Boh (2-CSO)
1745-2030hrs Ai (2.75)
1745-210011rs Ma (3.25) C.Ok (3.25-CSO)
Officer Rate= $47.00
CSO Rate= $22.00
Pg.2
P.75
~~t..~~~~".i:Jl,"~J=~~~~~.m=~~==J:='"!T,~--:t:'".="~=,~~~=="""-,,,,,,,,-,,,,-,\$J!i.G~
~~i:;~;..'!;a.~ti!.~.!:'!l12!1t'::'=e=~.-a::;tn~~~~~~~=~~=~~"'S:.'=Qr=='?"='=",""Rli:1t!~~=t1:.~~~J~~~~
BILLING INFORlVL4.T]ON
Number of Officers:
Hours:
75.25 CSO @$22.00/hr
48.00 Officer @$47.00/hr
Total Due:
$3911.50
Make checks payable to the ACity of Columbia Heights@.
Please mail ]laymentto: City of Columbia Heights Police Depmtment. 559 Mill StreetNE. Columbia Heights, MN 55421
lr.lI~t==1li':JE.=C!$.-.:Jl'~~ii:li'!:l~~!,$"l.=~..s::.liUl"'...ii:.~.%::!:l=~~.e;:>"J.'~-=~=~.~=~~j."rr=t.."1lIi>~
~=~~~l.:1:Ir:r,~=c::r.;~::f.:;L;.==~~~=_~IEJSiI'~tfl\.w:;;'C...,..=~~~~"WI!:5'~.e.r::~~
FOR DEPA.RTMENTAL USE ONLY
Officer(s) on Duty:
~
3?//.e
Off Duty:
Amount Received:
Date:
7- 1. C:O{-
--~---~~
Pg.3
P.76
NORTHEAST METRO 916
~---"--_._---"----_.
Vendor !D ' i\!ame
9T~0=~OLU _-==j:?~~L~~~~ Heights
Our Voucher Number J Date -'--T
_.....~____~__~ .--1..
2005-021 6/30/2005
Payment Number '-Gh~-;k Date . Document Number
-- -------~---------~-_.~.._-_.-
0006454 7/21/2005
~?, 6 001 f.... ()
l.}I._){O.
$3,911.50
Net Amount Paid
---
$3,911.50
Amount Paid
$3,911.50
$3,911.50
S3,911.50
SO.OO
S3,911.50
""
NORTHEAST METRO 916
r!rJbanJe
75-1592
912
426760
Intermediate School District
EAST GRAND FOHKS, MN 56721
CHECK NO.
Three Thousand Nine Hundred Eleven Dollars And 50 Cents
PAY TO THE ORDER OF:
7/21/2005
$3,911.50
City Of Columbia Heights
Police Department
559 Mill Street NE
Columbia Heights MN 55421
t2/~
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P.77
j INVOICE
Q ) yol11mbia Heights Police Department
August 16, 2005
Invoice #:
2005-025
Customer Name: Immaculate Conception Church (Attn: Fun Fest 2005 Committee)
Address: 4030 Jackson Street NE
Home Phone:
Work Phone: 763-788-9062
Sunday August 14th 2005
Piehn
(1100-2000)
9.0 hours
C\
'y I
\1r: \ l, \ 0 .,
'1)\ \
Request for:
1
Police Officers for:
Sa~urday August 13th 2005
Piehn
(1700-2315)
6.25 hours
~..~(:.~m- u.,..._~...........-
r~....."................~~~...~~
-a~-~~..-.a.,_-~-~~
BILLING INFORMATION
Number of Officers:
2
Hours:
15.25 hours
Wage is $47.00 per hour.
Total Due:
$716.75
Make checks payable to the ACity of Columbia Heights@,
Please mail paymentto:CityofColumbiaHeightsPoliceDepartment.559MilIStreetNE.ColumbiaHeights.MN 55421
~-<:.i."~""""""~~""""""'" ~~~..........."""~_ ~~L"'~'.....m-~.~_.............-~..._..............~~~'~~~
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FOR DEPARTMENTAL USE ONLY
Officer(s) on Duty:
Amount Received: Jf:, 7/6 ;f-"-
Off Duty:
Date:
~f' __
Oh=rr- 2-39/0
P.78
U dicer:
Date:
Type
"'V\'here
:-0
'I
1.0
OVERTIME
o
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g/IJ,
DReg '5I. 1 h
/700 to 2-3/ S--
! c F-u~ FEST Of ]Jt-r;q( L
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<--
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Date,L) 1./, ~
Reason for refusal
Supervisor
/( ~ C~~J
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OVERTIME
~
Officer: -T PI t;J-/-t-,/
Date: /illY /2co.s.--
,
Hours g 0 Yz 0 Reg~' 1 Y2
From //(:1(.) to Zc O(J
Type OT ;):c<rf({ (Ice hi.-J fe-50
Where It!,\ ..~(I+a( L;I-rrCC'.-j{ (./-p7h-;J ('i.-I-u,fCl,
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Date g:. I S-:Z)<;'
Reason for refusal
n .
,:,upervAsor
----T' / .-----,
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L__
""-"Jt~"'fl.,r V.A'... ~V.n\t...I!...l!..IL'd.R..J'il."Ml .1!i....JL~ll.e)l.ll\toJU A V.r....,I.\~...t!..... 1;lJ'"~.t'fr-JJ.ll ta...J.l..Ll.1.l'ii....?l!.J.t~
IVIEM 0
To: All Officers
From.: Captain William J. Roddy
Subject: Overti:nL1~c Opporttlnity"" Ie Ftlnfest
Date: 8/04/05
NOTE: Second PostiJilg~Canout advisory mad.e 8/4/05
As usual, for the Annual Fun Fest, Immaculate Conception Church requests an officer to
stand by near the cash counting area ~lI1d to make parking lot security walks for the two
clays the Fun Fest is in operation. Officers work until the end of the event and after the
cash is cOLlI1ted and deposite'? in a bank each night.
Reserves \vil] also be on hand to assist you \\'ith the premise security.
A ,yard Date: Frida'LAu,r:'ust 5th
Saturday AUGust 13th 1700-A rox 2300?
:~\ c-~\.~
{)5
. Sunda Auorust 14th.,
r-r::::\, '.
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I ~ \ 'C'n f\\.
1100~A
P.80
TI'-;;;: CHURCH OF THE
iMMACULATE CONCEPTION
For: City of Columbia Heights Police Dept
Invoice # Date
2005-025 08/16/2005
~
00
......
Total:
Date:
$716.75
08/22/2005 Check: . 23910
23910
Amount Discount
$716.75
Total:
Paid Memo
$71"6.75 -
$7'16.75
C6(J-slo-s-
(j;JJ /Q,-
Fyr
I I "'''fflJl r. ""'""-
l
i
THE CHURCH OF THE i
IMMACULATE COiNGEFrnON
4030 JACKSON STREET, NE.
COLUMBIA HEIGHTS, MN 55421
PAY
TO THE
ORDER
liil OF
'"
c
0'
c
i
****Seven Hundred Sixteen and 75/100 Dollars****
I
I
City of Columbia Heights Police Dept
559 Mill Street NE
Columbia Heights, MN 55421
lIij 0 2 :1 q ~ 0 11m
1
I
0:0 g 1,00)0 in j 20:
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cJu4
NORTHEAST BANK
MINNEAPOLIS, MN- 612-379-8811
COLUMBIA HEIGHTS, MN - 763-788-9351
COON RAPIDS, MN - 763-784-3533
'YOUR INDEPENDENT COMMUNITY BANK
17-13-910
DATE
. .
08/22/2005
~.-~L
500111 5 SB ~II;
t<ec'J. +
1A-ker..J -fo hWftrJC~
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lIP
CITY COUNCIL LETTER
AGENDA SECTION: CONSENT
l\Tr'\. ~ /\ I
l'lV. ~ - {\ -to
ITEM: RESOLUTION CERTIFYING
DELINQUENT AND
MISCELLANEOUS CHARGES
MEETING OF: OCTOBER 10, 2005
ORIGINATING DEPT: CITY MANAGER
FINANCE APPROVAL
BY: WILLIAM ELRITE
DATE: SEPTEMBER 28, 2005
NO:
The City Council is asked to adopt annually a resolution to certify delinquent utility and
miscellaneous charges to the County Property Tax Administrator for collection. This resolution
consists of utility and miscellaneous charges totaling $14,455.72.
Staff recommends the City Council adopt the following motions.
RECOMMENDED MOTION: Move to waive the reading of Resolution 2005-54 there being
ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2005-54 being a resolution to certify
delinquent utility and miscellaneous charges to Anoka County for collection with the property
taxes payable in 2006.
VIE:sms
n____0509281COUNClL__
Attachments
COUNCIL ACTION:
P.82
Miscellaneous Delinquent Utility
Miscellaneous Delinquent Bills
TOTAL DELINQUENT 2005
CITY OF COLUMBIA HEIGHTS
SPECIAL ASSESSMENTS
$11,413.12
$ 3,042.60
$14,455.72
P.83
RESOLUTION NO. 2005-54
CERTIFICA TION OF DELINQUENT UTILITY AND MISCELLANEOUS CHARGES
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that
THE COUNTY AUDITOR be, and is hereby directed, to levy delinquent utility and miscellaneous delinquent
bills on the properties in the City of Columbia Heights as listed on page two of this resolution and filed in the
Assessment Book for 2005 totaling $14,455.72.
BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual property tax
statements for the current year and identified thereon as "Special Assessments."
SAID CHARGES shall be enforced and collected in the manner provided for the enforcement and collection of
State and County taxes under and in accordance with the provisions of the general laws of the State. All
delinquent utility and miscellaneous bills with penalties as indicated thereon paid to the County Treasurer shall
belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided
by the City Charter and Ordinances.
THE CITY OF COLUMBIA HEIGHTS shall accept payments on these utility and miscellaneous bills until
November 15,2005. Upon receipt of said payments, the City will remove them from the certification list sent
to Anoka County.
Passed this 10th day of October, 2005
Offered by:
Seconded by:
Roll Call:
Mayor Gary Peterson
Patricia Muscovitz, Deputy City Clerk
P.84
CERTIFICATION OF DELINQUENT AND MISCELLANEOUS CHARGES
Total
PIN Resident/Owner Certified
35-30-24-23-0019 Kamppi/Linnea 214.46
4249 Main 8t NE
35-30-24-23-0001 Mdaka/Mark 296.01
4258 - 2nd 8t NE
35-30-24-33-0098 Patsy Lamfromboise 88.95
3746 - 3rd 8t NE
26-30-24-24-0116 HallberQ/ Arden 218.20
4947 University Ave NE
35-30-24-24-0163 WalkerlTroy 150.55
410 - 42nd Ave NE
35-30-24-24-0013 HaahrlTravis 96.54
4205 - 4th 8t NE
26-30-24-24-0081 Elizalde/Urid 88.39
5052 - 4th 8t NE
35-30-24-24-0125 Rodman/Matthew 220.55
4111 - 5th 8t NE
26-30-24-31-0112 Jaster/Michael 147.99
4752 - 5th 8t NE
35-30-24-12-0214 Umar/lfa 196.89
4349 - 7th 8t NE
35-30-24-13-0017 Fein/Robert 369.40
4219 - 7th 8t NE
26-30-24-21-0015 Lemon/Brian 241 .14
5140 - 7th 8t NE
26-30-24-21-0010 Bezabe/Asef and/or Tesfay/Asfaw 77.38
5206 - 7th 8t NE
26-30-24-31-0090 Collins Auto Body 286.67
4839 University Ave NE
26-30-24-43-0107 Owner/Occupant 440.83
618 - 47th Ave NE
35-30-24-11-0085 Hillbeck/Kelly 323.85
4304 Quincv 8t NE
35-30-24-41-0105 WeichertlKari 280.82
3953 Jackson 8t NE
35-30-24-11-0010 Williams/Nate & Jacqueline 220.51
4410 Central Ave NE
36-30-24-43-0040 Essa/Mohamad 98.88
1611 - 37th Ave NE
36-30-24-22-0156 Provo/Gary 88.73
4401 Central Ave NE
P.SS
Total
PIN Resident/Owner Certified
36-30-24-32-0044 Owner/Occupant 351.15
970 - 40th Ave NE
36-30-24-24-0026 Elie/Steve 65.86
1301 Circle Terr Blvd NE
36-30-24-24-0026 Elie/Steve 1 5 i .48
1303 Circle Terr Blvd NE
36-30-24-24-0031 Fragale, Ed 159.19
1300 Circle Terr Blvd NE
36-30-24-24-0031 Fragale, Ed 102.88
1300 Circle Terr Blvd NE
36-30-24-24-0031 Fragale, Ed 163.61
1300 Circle Terr Blvd NE
36-30-24-24-0030 Fragale, Ed 294.03
1308 Circle Terr Blvd NE
36-30-24-24-0030 Fragale, Ed 154.05
1310 Circle Terr Blvd NE
36-30-24-31-0029 Kinch/Susan 136.55
1243 Circle Terr Blvd NE
25-30-24-33-0056 Richter/Kurt 1,302.71
4540 Tyler St NE
25-30-24-33-0110 Hamrin/ Anthony 901.76
4532 Fillmore St NE
25-30-24-33-0110 Hamrin/ Anthony 317.72
4534 Fillmore St NE
- -------- - - - --" "" --- - -
25-30-24-34-0004 Proue/Tim 464.82
463 "1i33 Pierce 8t NE
25-30-24-34-0014 Aiken/Jerome & Patricia 1,129.38
1401/03 Parkview Ln
36-30-24-24-0119 Elmi/Abdullahi 56.32
4100 Reservoir Blvd NE
36-30-24-14-0022 Amos/Rico & Bettv 99.89
4152 Cleveland St NE
36-30-24-14-0022 Caroon/David 155.37
4152 Cleveland 8t NE
35-30-24-42-0099 Custom Dental Arts Studio 157.56
666 - 40th Ave NE
25-30-24-33-0024 Sekizovic/Muamer 1,102.05
4640 Polk St NE
I
TOTAL 11,413.12
P.86
CERTIFICATION OF DELINQUENT AND MISCELLANEOUS CHARGES
PIN Number
Name
Address of Property Total Certified
Description
36-30-24-24-0119 Elmi Abullahi 4100 Reservoir Blvd $293.94 Weed Cutting
35-30-24-42-0006 Elmi Abullahi Mohamed 1635 49th Ave NE $195.96 Weed Cutting
35-30-24-43-0029 Steve Latimer 573 37th Ave NE $195.96 Weed Cutting
35-30-24-22-0104 Vicki Musta 4322 2nd ST NE $195.96 Weed Cuttihg
35-30-24-32-0007 Brenda 81. Germaine 4040 2nd ST NE $902.31 Shade Tree Billinq
25-30-24-33-0090 Michael Olund 4542 Taylor St NE $268.16 Shade Tree Billing
35-30-24-41-0015 Robert Peterson 4055 Monroe ST NE $165.80 Shade Tree Billinq
35-30-24-44-0006 Aida Perez-Rodas 3900 Central Ave NE $652.73 Shade Tree Billing
25-30-24-44-0057 Elizabeth Reller 4621 Chatham Rd $171.78 Shade Tree Billinq
TOTAL $3,042.60
P.87
AGENDA SECTION: Items for Consideration, Other
Ordinances and Resolutions
NO:
ITEM: Resolution 2005-55, Extension on Lot Split BY: Jeff Sargent, City Platlller
Case#: 2004-1001, 1600-41stAve DATE: October5,2005 l(
4050 Tyler StreetNE ~
BACKGROUND: On October 25, 2004, the City Council adopted Resolution No. 2004-68, approving a minor
subdivision of the property at 1600 - 4th Avenue NE and 4050 Tyler Street NE. At this time, the applicant Stephen
Johnson is requesting a 12-month extension to the time frame allotted in order to record the resolution with Anoka County.
Mr. Johnson stated that he has experienced several delays in recording the lot split with the County, and requires additional
time. Those delays include the City of Columbia Heights website survey requirements vs. Anoka County requirements,
parcel release requirements from a mortgage cOmpatIY due to a title issue, and Mr. Johnson's personal desire to clean up the
interior and exteriors of both properties.
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting of:
ORIGINATING DEPARTMENT:
Community Development
tJ-A-7
October 10,2005
CITY MANAGER'S
APPROVAL
The two properties involved in the lot split are zoned R-1, Single Family Residential. The parcel is sUlTounded on all sides
by properties zoned R-1 as well. The lot split meets all ofthe lot area, setback and lot coverage requirements for the R-1
District. Section 9.410, subd. 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 repOlt to the City Council either recommending
approval or denial of the proposed lot split. If the Resolution extension is granted, the applicant will have until October 10,
2006 to record the lot split with Anoka County.
RECOMMENDATION: The City Council held a Public Hearing on October 25,2004, and approved the original lot
split, requiring that the lot split be recorded with Anoka County no later than October 25,2005. City Staff recommends
that the City Council approve a one-year time extension to the existing Resolution No. 2004-68.
RECOMMENDED MOTIONS:
Move to waive the reading of Resolution No. 2005-55, there being ample copies available to the public.
Move to adopt Resolution No. 2005-55, a resolution approving a one-year extension to Resolution No. 2004-68, for the
recording of the approved lot split of the property at 1600 - 41 st Avenue/4050 Tyler Street NE, subject to the following
-cond[f[ollsofapproval tliafare-deelnecrilecessary to protect the publicuiteresfiilld ensure compliance-wHIi the provisions oC-------
the Zoning Ordil18Tlce:
1. The applicant shall provide required utility and drainage easements for all newly created lots and be responsible for
the cost of filing atId recording written easements with the Anoka County Recorder's Office.
2. The appliCatlt shall pay a pat'kland dedication fee in the amount of$3,667 for the one newly created lot. This fee is
payable at the time final approval is granted.
3. The property owner of 1600 - 41 sl Avenue NE shali be responsible for relocating the water line that cUlTently runs
from the rear of the house to the alley. The line shall be rerouted out to 41 st Avenue. The propelty owner shall be
responsible for the cost ofthis relocation. All applicable City requirements regarding street excavation shall be met.
4. Upon approval of a minor subdivision, the applicant shall be responsible for filing the subdivision survey with the
Anoka County Recorder's Office. The minor subdivision shall become invalid if not filed with the Anoka County
Recorder within one (1) year of the date of the City Council action.
Att I
t R I t" 2005 55 PI
R
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Ad. C ifi
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ae 7lnen s: eso U IOn - , anmnJ!;. eport to ounez, oeat1On ap, ertz zeate 0 urvey, etter om lpp/leant
COUNCIL ACTION:
V.88
RESOLUTION NO. 2005-55
SUBDMSION REQUEST
CITY OF COLUMBIA HEIGHTS
590 - 40TH AVENUE N.E.
COLUlvIBIA HEIGHTS, :rvll'~ 55421
I, Steven Johnson and I, Anthony Palacino, hereby request an extension to Resolution No. 2004-68 for a split
of
PIN 36-30-24-31-0007 Legally described as:
Lot 2, Block 21, Auditor's Subdivision of Walton's 2nd Subdivision, Anoka County, Minnesota.
PIN 36-30-24-31-0006 Legally described as:
Lot 1, Block 21, Auditor's Subdivision of Walton's 2nd Subdivision, Anoka County, Minnesota.
THE DESCRIPTIONS HENCEFORTH TO BE:
Northeasterly Parcel:
The East 87 feet of that part of Lot 4, Block 17, Auditor's Subdivision of Walton's 2nd Subdivision, Anoka
County Minnesota. .
Southerly Parcel:
Lot 2, Block 21, Auditor's Subdivision of Walton's 2nd Subdivision, Anoka County, Minnesota, except
that part of the North 13 feet thereof which lies west of the East 87 feet thereof.
Northwesterly Parcel:
............-'Fhat-part-of-bot--1,-Hlock-2-1,.-Auditor1s--Subdivision--of-W-altonts--2AfL-Subdivision;-Anoka-Gounty,.--.---
Minnesota, which lies West of the East 87 feet thereof and that part of the North 13 feet of Lot 2 in said
Block 21, which lies West of the East 87 feet thereof.
Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this
day, agaL'1st the above-described propert'j, are paid.
Any pending or future assessments will be levied according to the new split as approved this day.
Any lot split given approval shall become invalid ifthe resolution, motion or other Council action approving
the said lot split is not filed with the County Recorder within one (1) year of the date of the Council action.
PLANNING & ZONING DEPARTMENT ACTION:
Signature of Owner, Notarized
This 5th day of April, 2005
Offered by: Schmitt
Seconded by: Baker
Roll Call: All Ayes
Owner's Address
Telephone No.
SUBSCRIBED AND SWORN TO BEFORE ME
P. 8 9 this _ day of , 2005
Zoning Officer
CITY OF COLUMBIA HEIGHTS PLANNING REPORT TO CITY COUNCIL
CASE NUMBER:
2004-1002
DATE:
October 25, 2004
TO:
Columbia Heights City Council
APPLICANT:
Steve Johnson and Anthony Palacino
LOCATION:
160041 st Avenue NE/4050 Tyler Street NE
R1 Single Family Residential District
REQUEST:
Lot Split
PREPARED BY:
Patrick Smith, AICP, City Planner
Planning Considerations
Consistency with Comprehensive Plan
The City Comprehensive Plan designates this area for low density residential development.
The proposed lot split will create three residential lots from two lots. All three lots are consistent
with the low density, residential designation. "
Consistency with Zoning Ordinance
- - - -- - - - - - --- -~ - ----""""---------""""----""--_."--""""-----------
ille""fWo pro-pe-ri1e"sTnvolvedi"n-the-/oTspT,t;3-re-zonecrR:."TSlngl~--Family Res id ential. The parcel
is surrounded on all sides by properties zoned R-1.
The lot split meets all of the lot area, setback and lot coverage requirements for the R-1 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
coverages. Applicable requirements are as follows:
· Minimum lot size shall be 8,400 sq. ft. for a single family home. Currently, the lot at 1600
41st Av. NE contains 18,941 sq. ft. and the lot at 4050 Tyler St. NE contains 18,946 sq. ft.
After the proposed lot split, 1600 41st Av. NE would contain 8,699 sq. ft., 4050 Tyler St. NE
would contain 14,902 sq. ft. and the new, third lot would contain 8,452 sq. ft.
· Minimum lot width shall be 60 feet. After the lot split, each of the lots exceed this
requirement.
· Yard setbacks shall be as follows: Front yard - 25 ft; side yard - 7 ft.; rear yard - 20% of lot
depth; detached accessory structures - 3 ft". from side and rear property lines. All of the
setbacks of existing structures on both properties will continue to meet these requirements.
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 may have a lot coverage of up to 30 percent: After the
P.90
City of Columbia Heights City Council
Lot Split, 1600 41st Ave. NE/4050 Tyler St. NE
October 25, 2004
Case #2004-1002
proposed lot split, 160041 st Av. NE will have a lot coverage of 15.4 percent and 4050 Tyler
St. NE would have a lot coverage of 7.9 percent. Any new structures that may be built
subsequent to the lot split must also meet the lot coverage requirement.
Findings of Fact
1. The proposed subdivision of land will not result in more than three lots. The proposed
subdivision will create a total of three lots.
2. The proposed subdivision of land does not involve the vacation of existing easements. The
proposed subdivision does not involve vacating existing easements.
3. All lots to be created by the proposed subdivision conform to lot area and width
requirements established for the zoning district in which the property is located. As detailed
above, the lots conform to the minimum requirements of the R-1 Zoning District.
4. The proposed subdivision does not require the dedication of public rights-of-way for the
purpose of gaining access to the property. The proposed subdivision does not require any
dedication of public right-of-way.
5. The property has not previously been divided through the minor subdivision provisions of
_ this Ordinance. City records do not show that there have been any previous minor
subdivisions of the property.
6. The proposed subdivision does not hinder the conveyance of land. The proposed
subdivision will not prohibit the conveyance of land.
7. The proposed subdivision does not hinder the making of assessments or the keeping of
-.Tecords-relate-d-to-asse"s-sm-ents.,--;ztsIonrras Ine applicanfrecoi71s7hfiTot split with Anoka
County in accordance with all City and County requirements, this finding will be met.
8. The pro.posed subdivision meets all of the design standards specified in the Section 14
(Subdivision Regulations). The proposed subdivision meets the requirements of the
Subdivision Regulations.
Recommendation
On a vote of four ayes, the Planning Commission voted to recommend that the City Council
approve the lot split, subject to conditions of approval outlined below.
1. The applicant shall provide required utility and drainage easements for all newly created lots
and be responsible for the cost of filing and recording written easements with the Anoka
County Recorder's Office. -
2. The applicant shall pay a parkland dedication fee in the amount of $3,667 for the one newly
created lot. This fee is payable at the time of building permit.
P.91
Page 2
City of Columbia Heights City Council
Lot Split, 1600 41st Ave. NE/4050 Tyler St. NE
October 25, 2004
Case #2004-1002
3. The property owner of 1600 41 sl Avenue NE shall be responsible for relocating the water line
that currently runs from the rear of the house to the alley. The line shall be rerouted out to
41 st Avenue. The property owner shall be responsible for the cost of this relocation. All
applicable City requirements regarding street excavation shall be met.
4. Upon approval of a minor subdivision, the applicant shall be responsible for filing the
subdivision survey with the Anoka County Recorder's Office. The minor subdivision shall
become invalid if not filed with the Anoka County Recorder within one (1) year of the date of
the City Council action.
Attachments
· Location Map
· Certificate of Survey
P.92
Page 3
~
-
\in
(
, "
P.93
September 20, 2005
TO: City of Columbia Heights
Planning & Zoning
FROM: Steve Johnson
Anthony Palacino
RE: Lot Split Resolution Extension for:
1600 4pl Ave NE
4050 Tyler Street NE
New Lot 16XX 41 sl Ave NE
This is a request letter for an extension oftime to record the above lot split with Anoka County.
We still agree with all the previous requirements, (ie. Park dedication fee, water line for 1600 41 sl
, ect) and will comply with all previous requirements.
Since our lot split was accepted by Planning & Zoning and City Council, we have experienced
several delays in this lot split process including:
*City of Columbia Heights Website Survey requirements vs Anoka County requirements.
_________________________________________-CIhe_ahmLe_dela~ed-us-untiLMay-20D5-)----------------------------------
* Parcel release requirements from a mortgage company due to a title issue.
(Now corrected Sept 2005)
* The personal want to clean up the interior & exteriors of both properties.
Thank you for the consideration for this extension. .
Sincerely,
Steve J OD.1lS0n
~fi
Anthony Palacino
~?cL-
P.94
[l.J.fl:-;';li :;... ~f1:"':' P \L .\('1'( I. .\ "THO,,:"
I'"
ADf ASCE SCRYEJ:7.VG & E'\lGINEERISG CO.
::;011 S. Hw'-. \... Wi \imm:ltlnb. ),,1\ 5:~~:
Plume.: (t)52 I ...-;,;- 'HJc"';' F:I', 1115:, ~"':''':'-:-'::h-
5l'[(\':Y;:0(( AJ\THO:YY PALACLVO & STEVE JOHYSO.Y
Sl'R \'EYEll: JuJ~ 21111~ DR..\FTED: July 2X. 2011-'
RE\ '!SEi): Jui~ 31. 2m)..:. lU ~how cii;:at":o. fJrupu~allo diYllh: 1m.
L[(;'\~ !J!.:5CRIPTJCl' OF [""fiRE P..\RCEL:
b,: :. Uill":.. ::. :\udull:":- Subtil\ blun u( \\';Jhon's Second Subdivi:.ioti.. :\Illlku Cl1UI1l~.
:.IU1I1':..ll.;...
----
LE(;.\L flESCRJPTIO\ OF E.-\STERL Y P..\RCEL:
Tn;: .:u::-i 71~.:: !;:::: llfLoll. Bluek 21. :\Ut..liwr's Subdivh.ion ofWalwn':- SccuI1l1 Subt.iivi:-ior:.
AtlUh.:I C llUlUY. .\hnn;:::-um..
LEGAL DEScrUPTIO' OF WESTERL Y P..\RCEL:
Tnui. n:.:.r. u:' Lo: !. BillCK :'1. .A.uciltllr:- ~Undl\ Isiull uf \Valtun':. Sct:lJnu Subd,\'blOli. r\lltli,;a
CtlUn'l~. ).,!inm.."='<ma. which Iic..~ west urlilL: ca....t 76.25 reet thereof.
SCOP!: OF' WORK:
l. Shnwll1!.! lno: h:m.!th and direction ufboundarv lincs urlhc above 1l:!!i.1I d::~crimilln. The
scope or t1~; :-,,::"\'ic~:o. dnc~ nill inc:lud:: d..:t1.:nni~ning what yuu own. \\~hich i~ a icgal mall"::.
Pl::-J.....:: chc:.:~ lhL: Io.:!!al dt:~crirtion with \'tlUr recurds or cun~ul[ with compe!l.:nt h:!.!<lJ ~tlUlbcL
lrncc;:."='<:.ar:.":-t"i1 rnalfc sur.: thunrb CUfr7c~:and-tlmr:m~rmmlcr!-.-ofrecun.l::~ut:lla; L::B1:i~1i:j'fl:;:----"-
that YOll wISh Snll\\11 on the survey. hav..: bCr.:~l shown
::. \V;; s.hu\\ a propn~l.:d division (lr lht.: property and a proposed lociJtion for a pO:'l.:o.ihk
[Ulun: home un till.: westerly parcel.. P1::u:-c n.:\'ir.:w the propo~al to SCl: thai
it is what vuu intend and submit to tho:.c !.!uvcmmcnml a!.!cncics [hat have iurbdit:tiun lo
obtain th~ir approvab. if you can. bcfo~ making any d~isions regarding the pmpcny.
3. Showin!.! c1c\"aliun:-. un [he site at sckctcd locations to !rive some inc.ii;:utillll ofth;:
IOpogr.1rh~7 urthe sit:.:. The clcvarinn~ shown rch.1lc only t~ the bent:hm;Jrk pro....idcd lHl Ihi:o.
survey. Use that bt.:IH.:hmiJrk and check at lca..\{ onc other fc::nurc shown UI1 [hI: map whcn
determining uther elevations for use on thil'o sill.:..
STANDARD SY;\-l!lOLS & COr-;VENTIO"S:
..." DeI1UlL:::- 1.:" IlJ fllPt: with pla..'itic piug hearing State License ~umhl::- 9:;':;:. SCL unlc~~
othl.T\'.'isc nUl.::l!.
CERTIFIc..\TIO':
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DWG NO. 040840 [
P.9S
CITY COUNCIL LETTER
Meeting of: October lO, 2005
AGENDA SECTION: ;; -A-~ ORIGINATING DEPT.: CITY MANAGER
NO: License Depar-tment APPROVAL
ITEM: License Agenda BY: Shelley Hanson ~ 0, DATE: l4;f/if--
NO: DATE: October 6,2005 BY:
BACKGROUND/ANAL YSIS
Attached is the business license agenda for the October 10, 2005 City Council meeting. This agenda
consists of applications for Contractor licenses for 2005 and a License for Beer/Wine for Immaculate
Conception's event being held October 29th.
At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied
Application. This means that the data privacy form has been submitted as required. If not submitted,
certain information cannot be released to the public.
RECOMMENDED MOTION:
... .....--MGvete..appreve-the.items-as-listecl-on.j;he-business-license-agenda-forectobert();.2:()()Saspresentetl~
COUNCIL ACTION:
P.96
TO CITY COUNCIL October 10, 2005
*Signed Waiver Form Accompanied Application
2005 BUSINESS LICENSE AGENDA
CONTRACTORS LICENSES
Bldg
*Rush Heating
*Kalmes Mecha1).ical
*Lakeland Plumbing Inc.
*Sign A Rama
*Western Tree Service
* Arps Tree Service
Metro Roofing Systems
*Bauer Services Inc
*DeZiel Htg & AC
49040 Acacia Tr., Stanchfield
15440 Silverod 8t NW, Andover
27185 Bayshore CirNW, Isanti
1050 33rd Ave SE, Mpls
14907 TTT Rd, Paynesville
17845 Hanson Blvd, Andover
1935 Wayzata Blvd, Long Lake
730 Buchanan St, Anoka
1612 3rd Ave NE, Buffalo
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
TEMPORARY ON SALE BEERlWINE
*Immaculate Conception Church 4030 Jackson St, Columbia Hts
Greg Tomala
$100
P.97
CITY OF COLUMBIA HEIGHTS
FfJNANCEDEPARTMENT
- COUNC~ MEETING OF: O~ 10, ZOD5
STATE OF MINNESOTA
COUNTYOFANOKA
CITY 9F COLlJ1ABIA HEIGHTS
Motion to approve payment of bills out of the proper funds, as listed jn ~he attached
check register covering Check Number II LfLf& if -
---in-th-e-~rm-OU:J1njf-$.-h-%q.;~2.-1-fz:i;-W~--..~- . .......-......-...... .-...-.--.---
through _ II Qsg2
These checks have been examined and found to be legal charges against the CITY OF
COLillvillIA HEIGHTS, 4I1d are hereby, reCOillIilended fot payment.
P.98
5-A-g
- I
ACS FINANCIAL SYSTEM
10/06/2005 15:38:46
Check History
****************************************************
* * * * 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.......l0/l0/2005 COUNCIL
INCLUSIONS:
Fund & Account..............
Check Date. . . . . . . . . . . . . . . . . .
Source Codes................
Journal Entry Dates.........
Journal Entry Ids...........
Check Number................
proj ect. . . . . . . . . . . . . . . . . . . . .
Vendor. . . . . . . . . . . . . . . . . . . . . .
Invoice. . . . . . . . . . . . . . . . . . . . .
Purchase Order..............
Bank....................... .
'~' lcher ....................
. Leased Date...............
~~ared Date................
~
thru
thru
thru
thru
114464 thru
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
CITY OF COLUMBIA HEIGHTS
GL050S-V06.70 COVER PAGE
GL540R
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thru
CPI CP SP
10
ACS FINANCIAL SYSTEM
10/06/2005 15
BANK
VENDOR
Check History
10/10/2005 COUNCIL LISTING
CHECK
BANK CHECKING ACCOUNT
BRADLEY REAL ESTATES INC
COLUMBIA HEIGHTS I
DETTMAN/JUDY
DEX MEDIA EAST LLC
ESCHELON
EXTREME BEVERAGE
FARNER-BOCKEN
G & K SERVICES
GRIGGS-COOPER & CO
HITES FLORAL
KUEHN / JEAN
MARK VII DIST.
MARQUETTE/DARRELL
MCGEE/MICHAEL
MEDICINE LAKE TOURS
MEDINA ENTERTAINMENT CEN
MOELLER/KAREN
MORE DISTRIBUTING, INC
PETTY CASH - JOANNE BAKE
PETTY CASH - KAREN MOELL
PHILLIPS WINE & SPIRITS
PLYMOUTH PLAYHOUSE
QUALITY WINE & SPIRITS
SPECIALTY WINES & BEVERA
TDS METROCOM
TRUPE/KATHY
VERIZON WIRELESS
WANDZEL/ANN
WELLS FARGO BANK
WINGER/CHRISTINE
XCEL ENERGY (N S P)
AADLAND/SHERRY
ACE ICE COMPANY
AMERICAN BOTTLING COMPAN
BELLBOY CORPORATION
BRECKENITCH/LAURIE
CHISAGO LAKES DISTRIBUTI
CITY WIDE WINDOW SERVICE
JOHNSON BROS. LIQUOR CO.
KIDOLOGY LLC
MN DEPT OF ADMINISTRATIO
NEXTEL COMMUNICATIONS
PETTY CASH - KAREN MOELL
QUALITY WINE & SPIRITS
SCIENCE MUSEUM OF MINNES
TRUPE/MS.KATHY
VERIZON WIRELESS
;0
......
o
o
114464
114465
114466
114467
114468
114469
114470
114471
114472
114473
114474
114475
114476
114477
114478
114479
114480
114481
114482
114483
114484
114485
114486
114487
114488
114489
114490
114491
114492
114493
114494
114495
114496
114497
114498
114499
114500
114501
114502
114503
114504
114505
114506
114507
114508
114509
114510
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 1
AMOUNT
12,289.06
5,541.33
32.50
152.22
151.11
640.00
5,533.22
60.21
20,667.75
60.00
11.46
38,256.55
84.00
575.12
1,681.00
50.00
397.99
108.00
99.03
129.63
4,661.85
1,244.00
20,561. 73
769.50
591.91
158.30
31. 93
213.56
1,288.58
14.00
142.89
20.00
1,754.62
688.77
20,444.16
68.85
1,089.70
23.43
48,621. 77
22.37
400.95
619.03
168.00
4,379.61
75.00
91.70
28.34
ACS FINANCIAL SYSTEM
10/06/2005 15
BANK
VENDOR
BANK CHECKING ACCOUNT
Check History
10/10/2005 COUNCIL LISTING
CHECK
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 2
AMOUNT
XCEL ENERGY (N S P) 114511 5,160.58
AA EQUIPMENT COMPANY 114512 260.65
ACE HARDWARE 114513 18.62
AEI ELECTRONIC PARTS 114514 45.20
AMERICAN LEGAL PUBLISHIN 114515 1,100.00
AMERICAN PUBLIC WORKS AS 114516 58.80
ARMOR HOLDINGS FORENSICS 114517 59.70
BERNICK/TERESA 114518 241.96
BIFF'S,INC. 114519 507.68
BOUND TREE MEDICAL LLC 114520 202.02
BRAUN INTERTEC CORPORATI 114521 2,800.00
BUETOW AND ASSOCIATES IN 114522 6,527.24
CARTE GRAPH SYSTEMS 114523 2,310.00
CCH INCORPORATED 114524 239.00
CINTAS FIRST AID-SAFETY 114525 90.10
CLARK PRODUCTS INC 114526 1,572.90
CMI INC 114527 80.69
COL HGTS FIREFIGHTERS AS 114528 24.00
COLLEGIATE PACIFIC 114529 1,757.20
COLUMBIA PARK MEDICAL GR 114530 131. 00
CYS UNIFORMS 114531 40.26
DAHLGREN SHARD LOW & UBAN 114532 8,986.56
~ DAKOTA COUNTY RECEIVING 114533 120.00
I-' DARE AMERICA MERCHANDISE 114534 354.00
0 FLEX COMPENSATION, INC 114535 178.50
I-' FRATTALONE COMPANIES INC 114536 219,551.57
G & K SERVICES 114537 448.88
GTA 114538 202.35
HANKS SPECIALTIES 114539 51.12
HEIGHTS ELECTRIC INC. 114540 1,280.00
HOME DEPOT #2802 114541 42.57
IDEAL ADVERTISING INC. 114542 852.00
IKON OFFICE SOLUTION 114543 262.32
INSTRUMENT CONTROL CO 114544 678.20
INSTRUMENT CONTROL SYSTE 114545 1,470.00
INTEGRATED LOSS CONTROL 114546 319.00
IPC PRINTING 114547 363.53
JINDRA/PATRICIA 114548 35.00
KENNEDY & GRAVEN 114549 4,517.28
LACAL EQUIPMENT INC 114550 76.17
MEDICS TRAINING INC 114551 300.00
MENARDS CASHWAY LUMBER-F 114552 25.86
MES-MINNESOTA 114553 44.65
METRO WELDING SUPPLY 114554 27.10
MN DEPT OF ADMINISTRATIO 114555 37.00
MN POLLUTION CONTROL AGE 114556 150.00
NATIONAL WATERWORKS, INC 114557 2,600.27
ACS FINANCIAL SYSTEM
10/06/2005 15
BANK
VENDOR
Check History
10/10/2005 COUNCrT.J LISTING
CHECK
BANK CHECKING ACCOUNT
NEXT DAY GOURMET
OFFICE DEPOT
PACIFICA INTERNET TECHNO
PEPSI-COLA-7 UP
PRO SOURCE TECHNOLOGIES I
RAPIT PRINTING - NEW BRI
RODDY/BRADLEY
SAF/RICK
SCHELEN GRAY ELECTRIC
STAPLES BUSINESS ADVANTA
STAR TRIBUNE
STATE TREASURER BLD
STEVEN WALL APPRAISAL SE
STREICHER'S GUN'S INC/DO
SUN PUBLICATION
TKDA, INC
TRUGREEN CHEMLAWN
TWIN CITY HARDWARE
U.S. BANK
VECTOR INTERNET SERVICES
VEIT COMPANY
VER-TECH
VERIZON WIRELESS
VIKING ELECTRIC SUPPLY
VOSS LIGHTING
~
.......
o
N
114558
114559
114560
114561
114562
114563
114564
114565
114566
114567
114568
114569
114570
114571
114572
114573
114574
114575
114576
114577
114578
114579
114580
114581
114582
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 3
AMOUNT
58.68
501. 55
180.00
280.00
9,481.43
244.64
301.23
166.24
74.80
413.36
111.80
1,590.07
650.00
961.17
44.55
216.20
55.38
112.50
350.00
150.00
792,142.83
64.14
68.40
117.83
43.74
269,276.80
***
ACS FINANCIAL SYSTEM
10/06/2005 15
BANK
VENDOR
REPORT TOTALS:
~
I--<
o
W
Check History
10/10/2005 COUNCIL LISTING
CHECK
RECORDS PRINTED - 000523
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 4
AMOUNT
,269,276.80
ACS FINANCIAL SYSTEM
10/06/2005 15:38:47
Check History
CITY OF COLUMBIA HEIGHTS
GL06DS-VD6.7D RECAPPAGE
GL540R
FUND RECAP:
FUND DESCRIPTION
101
201
212
225
240
250
261
265
270
350
411
412
415
420
601
602
603
604
609
701
720
""OJ
;...~
0'
JoI::..7
DISBURSEMENTS
GENERAL
COMMUNITY DEVELOPMENT FUND
STATE AID MAINTENANCE
CABLE TELEVISION
LIBRARY
COL HGHTS AFTER SCHOOL ENRI
TWENTY-FIRST CENTURY GRANT
CONFISCATED/FORFEITED PROP
DARE PROJECT
2004A GO TI REFUNDING BONDS
CAPITAL IMP-GEN GOVT. BLDG
CAPITAL IMPROVEMENT PARKS
CAPITAL IMPRVMT - PIR PROJ
CAP IMPROVEMENT-DEVELOPMENT
WATER UTILITY
SEWER UTILITY
REFUSE FUND
STORM SEWER UTILITY
LIQUOR
CENTRAL GARAGE
DATA PROCESSING
PERMIT SURCHARGE
CONTRIBUTED PROJECTS-REC
ESCROW
FLEX BENEFIT TRUST FUND
15,732.68
9,249.05
770.00
5.35
15.85
14.00
97.37
506.35
354.00
350.00
9,327.24
3,975.00
517,254.41
508,310.27
2,067.47
2,383.71
6.11
111.07
192,093.91
330.60
746.17
1,590.07
3,098.19
709.43
178.50
TOTAL ALL FUNDS
1,269,276.80
BANK RECAP:
BANK NAME
DISBURSEMENTS
BANK CHECKING ACCOUNT
TOTAL ALL BANKS
1,269,276.80
1,269,276.80
CITY COUNCIL LETTER
Meeting of October 10, 2005
AGENDA SECTION: Resolutions
NO:
ITEM:
6-A-A
ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROVAL
,/ ......:: .4'
BY: M4A",
Adopt Resolution For
Revocation
BY: Gary Gorman
DATE: October 4, 2005
DATE:
NO:
2005-56
Revocation of the license to operate a rental unit within the City of Columbia Heights
is requested against Joe Kollasch regarding rental property at 4125 2nd Street NE. for
failure to meet the requirements of the Residential Maintenance Codes.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolutioll No.2005-56 t..here being a.11lple copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2005-56, resolution of
the City Council of the City of Columbia Heights approving revocation pursuant to
City Code, Chapter SA, Article IV, Section 5A.408(A) of the rental license held by
Joe Kollasch regarding rental propeliy at 4125 2nd Street NE.
COUNCIL ACTION:
P.10S
RESOLUTION 2005-56
Resolution of the City Council for the City of Columbia Heights approving revocation
--''-'s,-n-~+''o nl'.L.-y nod"" ("11np+er" 5A A ''''l'cl''' I'T Cl e""l' on " Ll 41ln( Ll \ oft'nat cer""'n rA<'1' r' ent' a1
jJUl Ui::Un l L- l L- v, ,-,1 i:l.. '-, ..'-lil v V, i:) vl ...n '-. vO.. '-} luu Vu U ....
rental license held by Joe Kollasch (Hereinafter "License Holder").
Whereas, license holder is the legal owner ofthe real property located at 4125 2nd Street NE,
Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on September 19, 2005 of an public hearing to be held on
October 10,2005.
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 September 2, 2005, inspection office staff sent a letter requesting the new
owner of the property to license the rental property. The letter was mailed by regular
mail to the owner at the address listed in the property records.
2. That on September 19,2005, inspection office staff reviewed the property file and
noted that the property remained unlicensed. A Statement of Cause was mailed by
certified mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the follo\vhlg conditions
.---and-violations-ofthe-eity'.s-Residential-Maintenance-eode-were-found-to-exist;-to-;;.----
wit:
a. Failure to correct violations of the residential maintenance code: Failure to
submit a rental license application.
b. Failure to schedule a relicensing inspection.
4. 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, Chapter SA, Article III 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by
license number F6867 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;
P.l06
3. All tenants shall remove themselves from the premises within 60 days from the first
day of posting ofthis Order revoking the license as held by License Holder.
Passed this
day of
2005
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.l07
CITY COUNCIL LETTER
Meeting of October 10, 2005
NO:
ITEM:
C ~A - B
ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROVAL
BYUifff
DATE:
AGENDA SECTION: Resolutions
Adopt Resolution For
Revocation
BY: Gary Gorman
DATE: October 4,2005
NO: 2005-57
Revocation of the license to operate a rental lh11it vlithin the City of COb.L.1Ubia Heights
is requested against Joe Kollasch regarding rental property at 4645 Washington
Street NE. for failure to meet the requirements of the Residential Maintenance
Codes.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution No.2005-57, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2005-57, Resolution
of the City Council of the City of Columbia Heights approving revocation pursuant
to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by
Joe Kollasch regarding rental property at 4645 Washington Street NE.
COUNCIL ACTION:
P.10S
RESOLUTION 2005-57
Resolution of the City Council for the City of Columbia Heights approving revocation
,,,..." r" i' rJ"" i'h '"" "A A " 1 Y'V Q " ~A 4^8(A) "'h' " . 1 " 1
pursu.....uI to ,-,uy ,-,Ou-v, "-' aplvr J , Ul1cle 1 v , uecnon .n... U .. or I at cenam reSlGennal
rental license held by Joe Kollasch (Hereinafter "License Holder").
Whereas, license holder is the legal owner ofthe real property located at 4645 Washington
Street NE, Columbia Heights, Mimlesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section5A.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on September 19, 2005 of an public hearing to be held on
October 10, 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 September 2,2005, inspection office staff sent a letter requesting the new
owner of the property to license the rental property. The letter was mailed by regular
mail to the owner at the address listed in the property records.
2. That on September 19, 2005, inspection office staff reviewed the property file and
noted that the property remained unlicensed. A Statement of Cause was mailed by
certified mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions
..............an:d"vlolations-ofthe-eity's"Residential-Maintenance-eo'de-were-found.to"exist;.to'"
wit:
a. Failure to correct violations ofthe residential maintenance code: Failure to
submit a rental license application.
b. Failure to schedule a relicensing inspection.
4. 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, Chapter SA, Article III 5A.306 and 5A.303(A).
ORDER OF COill-~CIL
1. The rental license belonging to the License Holder described herein and identified by
license number F6783B 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;
P.I09
3. All tenants shall remove themselves :6..om the premises within 60 days from the first
day of posting of this Order revoking the license as held by License Holder.
Passed this
day of
2005
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City ClerkJCouncil Secretary
P.IIO
CITY COUNCIL LETTER
Meeting of October 10. 2005
AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY
o - A ~C Fire MANAGER
NO: APPROVAL
ITEM: Adopt Resolution For BY: Gary Gorman ~/f!'
BY: " j"L.-(?tr; (,
Revocation
DATE: October 4, 2005 DATE:
NO: 2005-58
v-
Revocation of the license to operate a rental u...trit witbin the City of Columbia Heights
is requested against Joe Kollasch regarding rental property at 4644 Washington
Street NE. for failure to meet the requirements of the Residential Maintenance
Codes.
RECOI\JI.J\1El'IDED MOTION: IvIove to close the public hea..ring and to waive t..he
reading of Resolution No.2005-58, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2005-58, a Resolution
of the City Council of the City of Columbia Heights approving revocation pursuant
to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the Rental License held
by Joe KoHasch regarding rental property at 4644 Washington Street NE.
COUNCIL ACTION:
P.lll
RESOLUTION 2005-58
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential
rental license held by Joe Kollasch (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4644 Washington
Street NE, Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on September 19, 2005 of an public hearing to be held on
October 10, 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 September 2, 2005, inspection office staff sent a letter requesting the new
owner of the property to license the rental property. The letter was mailed by regular
mail to the owner at the address listed in the property records.
2. That on September 19,2005, inspection office staff reviewed the property file and
noted that the property remained unlicensed. A Statement of Cause was mailed by
certified mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions
...and-viola:tiolls-of-the-eity'.s-Residential..Mainteriance-eode.were.found-to-exist~to..
wit:
a. Failure to correct violations of the residential maintenance code: Failure to
submit a rental license application.
b. Failure to schedule a relicensing inspection.
4. 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 ofthe
City Code, Chapter 5A, Article III 5A.306 and 5A.303(A).
ORDER OF COill~CIL
1. The rental license belonging to the License Holder described herein and identified by
license number F6783A 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;
P.ll2
3. All tenants shall remove themselves from the premises within 60 days from the fIrst
day of posting ofthis Order revoking the license as held by License Holder.
Passed this
day of
2005
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.113
CITY COUNCIL LETTER
Meeting of October 10, 2005
AGENDA SECTION: Reso~utions ORIGINATING DEPARTMENT: CITY
~ -A-D Fire MANAGER
NO: APPROVAL
~~~;
ITEM: Adopt Resolution For BY: Gary Gorman t .' .r""
BY: I!FJP ftJ/l ~,
Revocation
DATE: October 5, 2005 DATE:
NO: 2005-59
f
(I-
P p."n"atl' nn nf'the 1;"p.n""" tn npp.ratp. '" rp.nt",1nn;t uT;th;n thp. r;nT nf' rn1nm'h;", l-lp.;ght"
~'-'""" VV L '-'~.1. V.L 1..1..1. .L.a.""'......LLU1o"I LV \J V.L ""'...... "'_.LLL\.&..1. '-J..LI..LL TV .I.~.L.I. I."'.&._ '--'.a.LJ v..... ..........'-'...'-J..I. ..."""'.1...... ......""""" .......LU
is requested against Larry Wakeman regarding rental property at 4600 4th Street NE.
for failure to meet the requirements of the Residential Maintenance Codes.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution No.2005-59, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2005-59, a Resolution
of the City Council of the City of Columbia Heights approving revocation pursuant to
City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by
Larry Wakeman regarding rental property at 4600 4th Street NE.
COUNCIL ACTION:
P.114
RESOLUTION 2005-59
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter SA, .Article IV, Section 5A.408(i~.I.) of that certain residential
rental license held by Larry Wakeman (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4600 4th Street NE,
Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section5A.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on September 15, 2005 of an public hearing to be held on
October 10,2005.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe
City of Columbia Heights, the City Council of the City of Columbia Heights makes the
following:
FINDINGS OF FACT
1. That on September 2,2005, inspection office staff sent a letter requesting the new
owner of the property to license the rental property. The letter was mailed by regular
mail to the owner at the address listed in the property records.
2. That on September 15,2005, inspection office staff reviewed the property file and
noted that the property remained unlicensed. A Statement of Cause was mailed by
certified mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the folluw1..ng conditions
-- and violattol1s-oftlre-eity'-s-Residential-Maintenance-Cude-were--foundto-exist,to---
wit:
a. Failure to correct violations of the residential maintenance code: Failure to
submit a rental license application.
b. Failure to schedule a relicensing inspection.
4. 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, Chapter 5A, Article III 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by
license number F6619 is hereby revoked/suspended (cross out one);
2. The City will post for the purpose of preventing occupancy a copy of tIus order on the
buildings covered by the license held by License Holder;
P.IIS
3. All tenants shall remove themselves from the premises within 60 days from the first
day of posting ofthis Order revoking the license as held by License Holder.
day of
2005
Passed this
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council SecretalY
P.116
CITY COUNCIL LETTER
Meeting of October 10, 2005
AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY
~-^-E Fire MANAGER
NO: APPROVAL
BY:#~~ ...
ITEM: Adopt Resolution For BY: Gary Gorman ~
Revocation
NO: 2005-60 DATE: October 5, 2005 DATE:
:d-
Revocation of the license to operate a rental unit witlIin the City of Columbia Heights
is requested against Troy Mlenar regarding rental property at 4515-17 Fillmore Street
NE. for failure to meet the requirements of the Residential Maintenance Codes.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resoluti9n No.2005-60, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2005-60, a Resolution
of the City Council of the City of Columbia Heights approving revocation pursuant
to City Code, Chapter SA, Article IV, Section 5A.408(A) ofthe rental license held by
Troy Mlenar Regarding Rental Property at 4515-17 Fillmore Street NE.
COUNCIL ACTION:
P.117
RESOLUTION 2005-60
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter 5A, f\.rticle IV, Section 5A.408(ii.~) ofthat certain residential
rental license held by Troy Mlenar (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4515-17 Fillmore
Street NE, Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article I, Section 5AA08(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on September 19, 2005 of an public hearing to be held on
October 10,2005.
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 September 2, 2005, inspection office staff sent a letter requesting the new
ovmer of the property to license the rental property. The letter was mailed by regular
mail to the owner at the address listed in the property records.
2. That on September 19,2005, inspection office staff reviewed the property file and
noted that the property remained unlicensed. A Statement of Cause was mailed by
certified mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions
------------aimviolations-6f1ne City'sJ{esiaentiaIlvlaintenance Coaewere Touncno exist~to=----------------------
wit:
a. Failure to correct violations of the residential maintenance code: Failure to
submit a rental license application.
b. Failure to schedule a relicensing inspection.
4. 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, Chapter SA, Article III 5A.306 and 5A.303(A).
ORDER OF COm-:rCIL
1. The rental license belonging to the License Holder described herein and identified by
license number F6846 is hereby revoked/suspended (cross out one);
2. The City will post for the purpose of preventing occupancy a copy ofthis order on the
buildings covered by the license held by License Holder;
P.IIS
3. All tenants shall remove themselves from the premises within 60 days from the first
day of posting ofthis Order revoking the license as held by License Holder.
day of
2005
Passed this
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.119
COLUMBIA HEIGHTS CITY COUNCIL LETTER
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY
NO: j-A-J Community Development Iv1ANAGER'S
APPROVAL
ITEM: Second Reading of Ordinance No. BY: Randy Schumacher ~ BY:4~
1498, being an Ordinance amending DATE: October 4,2005
Grd. No. 1490, authorizing to convey
certain real estate located at 3955
University Ave and 3947 Lookout
Place
Meeting of: October 10, 2005
BACKGROUND:
At the July 26,2005 EDA meeting, the board approved the Development Agreement for James Sarna
to construct a 6,000 sq. ft. restaurant on the corner of 40th & University. Two of the five parcels that
make up the one-acre redevelopment site axe owned by the City of Columbia Heights. The EDA's
attorney, Steve Bubul, has recommended that the City of Columbia Heights quitclaim their two
parcels over to the EDA and have a single closing between the developer and the EDA. The City
Charter requires this transfer of property to be done by Ordinance. The City Council approved the 1st
reading of this ordinance at its September 26, 2005 meeting.
IlECOMMENDATION: Staff recommends approval of Ordinance 1498, conveying certain real
. ...... . .... ..-estate-located-at..395-5-Hniversity..and.3-94'7-booleout-Place-;-..................-..-...-.-..
RECOMMENDED MOTION:
Move to waive the reading of Ordinance No. 1498, there being ample copies available to the public.
Move to Adopt Ordinance No. 1498, being an Ordinance Amending Ordinance No. 1490, authorizing
to convey certain real estate located at 3955 University Avenue and 3947 Lookout Place.
Attachments
COUNCIL ACTION:
h. \Consent200S\CL Ord.1498 200 read1.ng 40to & Un1.v.Real Estate
P.120
ORDINANCE NO. 1498
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005
AUTHORIZING TO CONVEY CERTAIN REAL ESTATE LOCATED AT 3955
UNIVERSITY AVENUE AND 3947 LOOKOUT PLACE.
The City of Columbia Heights does ordain:
Section 1:
The City of Columbia Heights, a Minnesota municipal corporation, may convey
unto the Columbia Heights Economic Development Authority, the real property
described as follows, to wit:
3955 University Avenue- North 128 ft. of Lot 1 and also that part of Lot 1 lying
West of University Ave as extended, except North 30 ft for Hwy, Rearrangement
of Block E of Columbia Heights Annex.
3947 Lookout Place- Lot 16 and that part of Lot 17, Block 68, Columbia Heights
Annex to :Mpls, Anoka County, l'AN lying southwesterly of 1..1.e following
described "Line 1" and northwesterly .of the following described "Line 2".
"Line 1"- Beginning at a point on the south line of said Lot 17, distant 21.0 feet
westerly of the southeast comer; thence northwesterly to a point on the west line,
said point being 100.0 feet southerly of the northwest comer and there terminate.
"Line 2". Beginning at a point on the north line of said Lot 17, distant 10.0 feet
easterly of the northwest comer; thence southwesterly to a point on the west line,
said point being 10.0 feet southerly of the northwest comer and there terminate.
_.B_e-.CJiQn2_:__._._Tl1~_MaYQLa..'1d_Cj:ty_MJUlag~rJlre.Jlexe1Yuh authQriz.e~d..iQ_5~xej:~.uteJ;Lde~d to.._._._...._..
effectuate the conveyance of said real estate.
Section 3:
This Ordinance shall be in full force and effect from and after thirty (30) days
after its passage.
First Reading:
Second Reading:
Date of Passage:
Offered By:
Seconded By:
Roll Call:
Mayor- Gary L. Peterson
Patty Muscovitz, CSM/Deputy City Clerk
P.121
4001 -+UIU 0 4009 40Utl
q "
I 129.6' 129.6' I
~ ~ l-
411 423
-.;:j- . L()
? 1 .6'
105.0'
70.0' . 70.0' '35.0'1 70.0' 35.0'
- - ~l ~ CO
~ 3~~ 40~ ~1418~ ~
. I I I
. I I I
L{1 - ~-l' ""'I t""1../ ,,-...... I
~ ~ -;t~ ~ ct:j q; .....
I"') q no" ~I ~ ~'I v
58.3' 1""3.8'! 43.8' , .c.J.B' I ""3.B' 35.0'
334
117./
3944
151.2'
234.3'
3923
\~
3901
:0;.."
',p.
\
\
\
173."
~
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231. l'
COLUMBIA HEIGHTS CITY COUNCIL LETTER
I
AGENDA SECTION: Items for Consideration, Other ORIGINA TING DEPARTMENT: CITY MANAGER'S
Ordinances and Resolutions 7-A-) Community Development APPROVAL
NO:
ITEM: 1 St Reading of Ordinance No. 1499, Vacating a BY: Jeff Sargent 15 By:J~ ~
pOliion of 45th Avenue NE DATE: October 4, 2005
Meeting of: October 10, 2005
BACKGROUND: The Applicants, John and Lillian Sarkinen have requested the vacation of a portion of 45th Avenue NE for
the purpose of building an addition onto their existing garage. The land gained as a result of the vacation will serve to meetthe
appropriate setback criteria to a side property line. 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 northem property
boundary. The City requires that the utility companies effected by the proposed vacation be contacted and send a confirmation
response to the City approving said vacation. This case has been delayed due to lack of response from the utility companies. At
this time, all effect utility companies have responded favorably to the proposed vacation. Section 9.409(4) of the Columbia
Heights Zoning Ordinance requires that an application for a vacation be reviewed by the Plamling and Zoning Commission
which shall provide a report to the City Council either recommending approval or denial ofthe proposed lot split.
It should be noted that a vacation proposal requires a first and second reading by the City Council, and does not become
effective until thirty (30) days after the City Council approves the second reading.
RECOMMENDATION: The Planning and ZOnL.llg Commission held a Public Hearing for the request 011 July 6,2005 3..l1d
voted to recormnend City Council approval of the vacation as the request is consistent with City's Comprehensive Plan and
zoning standards.
RECOMMENDED MOTIONS:
Move to waive the reading of Ordinance No. 1499, there being an ample amount of copies available to the public.
Move to establish a second reading of Ordinance No. 1499, Vacating a portion of 45th A venue NE for Monday, October 24,
2005 at approximately 7:00 pm in the City Council Chambers.
Attachments: Ordinance No. 1499, Planning Report to Council, Location Map
COUNCIL ACTION:
P.123
ORDINANCE NO. 1499
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490 CITY CODE OF 2005,
VACATING A PORTION OF 45th AVENUE NE
The City of Columbia Heights does ordain:
Section 1:
The City of Columbia Heights hereby vacates a portion of the public street over,
across, and under the following described property, to wit:
That part of the southerly twenty (20) feet of adjacent vacated 45th Avenue
NE between the northerly extension of east and west lines of North 'li of
Lot 17, Block 2, Walton's Sunny Acres Addition to Columbia Heights
Minnesota, Columbia Heights, Anoka County, Minnesota.
Section 2:
The vacation of the alley described above shall be subject to the following
condition:
Section 3:
An easement is hereby reserved that prohibits the excavation or disturbance of
any land or the facilities of Xcel Energy over, above or across that pmi of a 10-
foot wide strip of land being 5 feet on each side of a line drawn parallel with the
25 feet north of the north line of Lot 17, Block 2, Walton's Sunny Acres, Anoka
County, Minnesota, said north line also being the south line of 45th Avenue NE,
Columbia Heights, Minnesota.
This ordinance shall be in full force and effect from and after 30 days after its
passage.
First Reading:
Second Reading:
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
P.124
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:
PREPARED BY:
Partial Vacation of 45th Avenue NE
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.
y"
,
Planning Considerations
The proposed partial vacation 'oT' 45th-Ave-'f'J E "'will'-corI1inu-e'lneva-cafea--ri'gm::Of':way-easf'"
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 wi!! 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 wiii not adversely impact the adjacent properiy 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.
P.125
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
----r:eGj.uest-tQ-va.Gate-tl=1e-lJefQ r:e-Gl.efi.t=leGl-r:igl=1t-Gf-way-GFl-4!5tl=1-Aveflue-NE.-------------------------------~-------------------
Attachments
.. Location Map
. Letter from Public Works - June 21, 2005
P.126
Page 2
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City of Columbia Height
CivicSight Map
MAP LEGEND:
a WATER VALVE
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Dala Dale: Match 2005
Sources: Riverls Edge GIS, LLe.
CITY OF COLUMBIA HEIGHTS
PUBLIC WORKS DEPARTMENT
TO: PERRY THORVIG, ACTING CITY PLANNER
FROM: KATHYJEAN YOUNG, ASSISTANT CITY ENGINEER ~~
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 adj acent vacated 45th Avenue NE
between the northerly extension of east and west lines of North Y2 of Lot 17,
Block 2, Walton's Sunny Acres Add.ition to Columbia Heights Minnesota,
Columbia Heights, Anoka County, Minnesota.
P.128
,
COLUMBIA HEIGHTS CITY 'COUNCIL LETTER
AGENDA SECTION: Items for Consideration, Other ORIGINA TING DEPARTMENT: CITY MANAGER'S
Ordinances and Resolutions I ~ A -3 Community Development APPROVAL
NO:
ITEM: 15t Reading of Ordinance No. 1500, Vacating a BY: Jeff Sargent BY~Mt /
~
portion of Lookout Place DATE: October 5,2005
Meeting of: October 10, 2005
~
BACKGROUND: James Sarna, the applicant, has requested the vacation of a portion of Lookout Place in order to replat the
land on the southeast corner of 40th Avenue and University A venue. The proposed vacation will create ample parking space for
the proposed 6,000 square foot restaurant on the site. The former Lookout Place is situated diagonally northwest to southeast
through the site, and contains an easement for several public and private utility services. Newly created easements will be
established for the proposed vacation to keep these services in the same location. It should be noted that there are no plans for
the principal building to be located within the necessaty easements for the Lookout Place vacation. Section 9.409(4) of the
Columbia Heights Zoning Ordinance requires that an application for a vacation be reviewed by the Platming atld Zoning
Commission which shall provide a report to the City Council either recommending approval or denial of the proposed lot split.
It is the City's policy to contact the four major Utility Companies whenever a vacation occurs to ensure that these compatlies
have no problems. At this point, CenterPoint Energy, Qwest, and Xcel Energy have responded favorably, while requesting
easements for their services. The City has yet to hear from Comcast Cable.
It should be noted that a vacation proposal requires a fIrst and second reading by the City Council, and does not become
effective until thirty (30) days after the City Council approves the second reading. City Council should not approve the Second
Reading of the OrdinatlCe until all necessary approvals for the Sarna's Addition plat have been gratlted.
RECOMMENDATION: The Platming atld Zoning COlmnission held a Public Hearing for the request on October 4, 2005 atld
voted to recommend City Council approval of the vacation as the request is consistent with City's Comprehensive Plan atld
zoning standards.
RECOMMENDED MOTIONS:
Move to waive the reading of Ordinance No. 1500, there being an ample atnount of copies available to the public.
Move to establish a second reading ofOrdinatlce No. 1500, vacating a portion of Lookout Place, for Monday, November 14,
2005 at approximately 7:00 pm in the City Council Chambers.
Attachments: Ordinance No. 1500, Planning Report to Council, Location Map
COUNCIL ACTION:
P.129
ORDINANCE NO. 1500
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490 CITY CODE OF 2005,
VACATING A PORTION OF LOOKOUT PLACE
The City of Columbia Heights does ordain:
Section 1:
The City of Columbia Heights hereby vacates a portion of the public street over,
across, and under the following described prope1iy, to wit:
That part of Lookout Place lying between two lines: the nOliherly line being the
westerly extension of the north line of Block 68, Columbia Heights Annex to
Minneapolis, to the easterly line of State Trunk Highway 47 and the southerly line
being drawn from the most southwesterly corner of Lot 17, Block 68, Columbia
Heights Annex to Minneapolis, to the southeast corner of north half of Lot 2, as
determined by proportional measurements along the east and west lines,
Rearrangement of Block E, Columbia Heights Annex to Minneapolis.
Section 2:
The vacation of the street right-of-way described above shall be subject to the
following condition:
Section 3:
All necessary approvals for the Sarna's Addition plat shall be granted prior to the
Second Reading of this Ordinance.
This ordinance shall be in full force and effect from and after 30 days after its
passage.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Mayor- Gary L. Peterson
Patricia Muscovitz, CSM/Deputy City Clerk
P.130
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER: 2005-1001
DATE: September 21, 2005
TO: Columbia Heights Planning Commission
APPLICANT: James Sarna
LOCATION: Southeast Corner of University Avenue and 40th Avenue
A portion of Lookout Place Right-of-Way
REQUEST: Preliminary Plat, Vacation, Site Plan, three Variances
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
At this time, James Sarna is requesting six (6) approvals. They are as follows:
1. The Preliminary Plat for Sarna's Addition.
2. The Site Plan for Sarna's Addition.
3. A 1 O-foot front yard setback variance for hard surface setbacks from a public
right-of-way per Code Section 9.612, subd. 7.g.
4. An 8-foot height variance for a monument sign per Code Section 9.616, subd.
12.a.iii.
5. A 35 square foot area variance for a monument sign per Code Section 9.616,
subd. 12.a.iii.
6. A partial vacation of the Lookout Place right-of-way as described in Appendix
A.
Mr. James Sarna "is proposing to construct a new 6,000 square foot restaurant on the
southeast corner of University Avenue and 40th Avenue. This project will incorporate 5
different properties currently owned by the Economic Development Authority (EDA), as well
as the vacation of a portion of Lookout Place. Three different variances will be needed as
well. The first is a setback variance to gain adequate parking space for the patrons. The
second and third variance requests are for the monument si~n promoting the business,
located on the southeast corner of University Avenue and 40 Avenue.
P.131
City of Columbia Heights Planning Commission
Sarna's Restaurant proposals
September 21, 2005
Case # 2005-1001
PLANNING CONSIDERATIONS
The project is located on the southeast comer of University Avenue and 40th Avenue, and
is located within the Design Overlay District of 40th Avenue. Properties located in this
district are subject to stricter design guidelines when discussing the placement of the
building on the lot, the height of the building, architectural details of the building, and
signage.
The design guidelines build on and complement recently completed streetscape
improvements to the Central Avenue business district. They were developed by City staff,
consultants and a Task Force with representatives from the City Council, Planning
Commission, area business and landowners, and interested citizens, and are intended on
being mandatory.
It is assumed that the intent of the guidelines should be met, however, it is understood that
there may be many ways to achieve the same design objectives. The City may permit
alternative approaches that, in its determination, meet the objective(s) of the design
guideline(s) equally well. The City may also waive any guideline when specific physical
conditions of the site or building would make compliance more difficult or inappropriate.
The property is also located in the GB, General Business District, and is adjacent to
University Avenue. Being that the project is on the fringe of the 40th Avenue Design
Corridor, and is also a focal entry point into the City's downtown business district,
enforcement of the design guidelines will be subjective to the overall design objectives that
the City would like to see enforced.
--Elt.JDIf'~tGS-QE-EACI---------------
Preliminary Plat
Section 9.411 (6) of the Columbia Heights zoning code requires that the City Council make
each of the following findings 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 requires that the preliminary plat contains the necessary
information needed to approve it as such. The submitted application for the Sama's
Addition is acceptable to be approved as a Preliminary Plat.
2. The proposed subdivision is consistent with the Comprehensive Plan.
The Comprehensive Plan guides this area towards "Transit Oriented Development.
The Comprehensive Plan states that this classification focuses on the commuting
needs of Columbia Heights residents. As a result, a higher percentage of service-
P.132
Page 2
City of Columbia Heights Planning Commission
Sarna's Restaurant proposals
September 21, 2005
Case # 2005-1001
oriented commercial Ire tail development will be necessary with high-density
residential development providing the balance of the development. With the
Schaefer/Richardson and Ryland Homes project just to the south of the proposed
"Sarna's Restaurant", this type of use fits perfectly with the goals of the
Comprehensive Plan.
3. The proposed subdivision contains parcel and land subdivision layout that is
consistent with good planning and site engineering design principles.
The site layout does have some issues. They are as follows:
a) Drive aisle width. On the southeastern portion of the parking lot, the
preliminary plat indicates that one of the drive aisles only be 20 feet in width
as opposed to the City Code requirement of 24 feet. All other drive aisles
and parking stall lengths meet City Code requirements. City Stafffeels that
because this will not be a major drive aisle, the 20-foot width aisle would
suffice the needs of traffic circulation throughout the site. If the developer
were to increase the size of the drive aisle to meet City Code requirements,
two additional parking stalls would have to be removed.
b) 6-foot wooden fence. City Code requires that a 6-foot tall wooden privacy
fence be erected between any new commercial developments and adjacent
residential properties. There is one portion of the property on the southeast
comer of the lot that abuts residentially zoned property. In lieu of a 6-foot
high fence, the applicant has proposed to install 6-foot tall arborvitae trees,
spaced at an interval that would in essence create a solid wall. City Staff
feels that natural vegetation would be more aesthetically pleasing than a
............ .....-Wdoded-fence:-.-A-condHfon-wil/-be.-.imposed-on-:::the--.Bppficant-that-the--
arborvitae tress planted in this area shall be a minimum of 6 feet in height.
c) On-site pondinG. The applicants are not proposing any type of on-site
ponding. The development will rely on two catch basins at the south end of
the site to control rainwater runoff and carry it to the City's sanitary sewer
lines located within the Lookout Place right-of-way and adjacent alleyway.
The sanitary sewer line will be sized to accommodate a 1 O-year event, with
little interference or ponding in the parking lot. During a 1 DO-year event,
however, there will be some significant ponding on the south portion of the
par.king lot (up to 6 inches) until the rain subsides and is carried on through
the catch basins to the sanitary sewer lines. The applicants are also
considering using the rooftop as a means of ponding, but would rather not
pursue that option.
d) 334 - 40th A venue. The design layout of the new plat, in association with all
vacations, new sidewalks and alleyway reconfigurations, has decreased the
access for Mr. Gondek, whom resides at 334 - 4dh A venue, into his
business. The applicant has agreed to enter into an easement to grant
P.133
Page 3
City of Columbia Heights Planning Commission
Sarna's Restaurant proposals
September 21, 2005
Case # 2005-1001
access to Mr. Gondek through the development property to gain access into
his property.
e) Enqineerinq considerations. Kevin Hanson 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. Hanson's concerns.
Site Plan
Section 9.413, subd. 4 of the Columbia Heights Zoning Code requires that the Planning
Commission make each of the following findings before approving a site plan:
1. The site plan conforms to all applicable requirements of the Ordinance.
As stated previously, the project site is located in the Design Guideline Corridor of
40th A venue, and is also adjacent to University A venue. The applicant wants to take
advantage of motor vehicle traffic along University Avenue because of the site's
proximity to this major thoroughfare. For this reason, the site does not conform to
the design guidelines in some respects. They are as follows:
a) The buildinG does not meet the setback or orientation requirements. The
design guidelines specify that building facades should be flush with the
sidewalk or set back no more than 10 feet for at least sixty percent (60%)
of the length of the front fa9ade. At intersections, these building should
"hold the comer", that is have street facades at or near the sidewalk on
The proposed restaurant sits at an angle to both the western and
southern lot lines, with an approximate 1-foot setback to each property
line. The design standards would require the building to be placed at the
intersection of University A venue and 40th A venue, at a setback of no
more than 10 feet from the northern and eastern lot lines. City Stafffeels
that because the front of the building faces University A venue, some
discretion pertaining to the setbacks can be made. In this case, the
proposed location of the building makes the most sense and would
achieve the same goals as outlined in the design standards for 4dh
A venue.
b) BuildinG heiGht. The design guidelines require that all buildings shall
have a minimum cornice height of 22 feet, to convey a multi-story
appearance even if the building has only one occupied floor.
The proposed 6,000 square foot restaurant is only one story in height
with a height of approximately 16 feet. Because of the site's location in
P.134
Page 4
City of Columbia Heights Planning Commission
Sarna's Restaurant proposals
September 21, 2005
Case # 2005-1001
relation to University A venue, as well as the function of the building, City
Staff feels that this is an acceptable height that would meet the objectives
of the design guidelines. Staff also feels that the exterior architectural
features of the building wiii offset the need for this building to appear as if
it is 2 stories in height.
c) Parkin{% issues. The design guidelines specify that off-street parking in
the 40 A venue District be located to the side or rear of buildings, with a
maximum of fifty percent (50%) of the lot frontage being occupied by
parking.
The placement of the building on the site makes it difficult to achieve this
specification. The site has 74 parking stalls on site, with 42 stalls located
in front of the building along 4dh Avenue (56.7%). Again, the applicants
would like the front of the building to be adjacent to University A venue.
City Staff has no problems with an extra 5 stalls being located in front of
the restaurant adjacent to 4dh A venue.
A 1 O-foot setback variance will also be required for hard surface parking
along the University A venue right-of-way.
d) Siqnaqe. The underlying zoning (GB, Genera! Business) a!lows for a
pylon sign on this site, as it is adjacent to University A venue. The design
guidelines- specify that only a monument sign may be incorporated in the
4dh A venue Corridor. The proposed monument sign requires two
variances due to the proposed height and square footage of the sign.
-------z-:-------The-'--site---plan--is---cnnsistent--with---th-e--applicaole--p rovisions--or-tne---City's
Comprehensive Plan.
The project is consistent with the general direction established in the
Comprehensive Plan.
3. 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. Staff has found the project to be in compliance with the
standards to an extent that would make this project beneficial to the City. All other
design features not in compliance with the design guidelines have also been
approved by City Staff based on the project using sound planning standards.
4. The site plan minimizes any adverse impacts on property in the immediate
vicinity and the public right-of-way.
The proposed 6,000 square foot restaurant is positioned away from abutting
residential uses and in an area that minimizes the impact on property in the
P.135
Page 5
City of Columbia Heights Planning Commission
Sarna's Restaurant proposals
September 21, 2005
Case # 2005-1001
immediate vicinity. The exterior building materials used on the restaurant will
compliment the design guidelines and will add aesthetic appeal to the area.
Variances
Section 9.407, subd. 6 of the Columbia Heights Zoning Code requires that the Planning
Commission make each of the following findings before approving a variance:
1. Because of the particular physical surroundings, or the shape, configuration,
topography, or other conditions of the specific parcel of land involved, strict
adherence to the provisions of this Ordinance would cause undue hardship
a) 1 O-foot setback variance for parkinq. The minimum setback requirement
for parking surfaces is 15 feet from the lot line. The applicant would like
to place his parking lot 5 feet from the lot line. For this reason, a 10-foot
setback variance is required. The applicant stated that the extra 900
square feet that will be acquired through this variance request would
enable the restaurant to instali needed parking staNs to ensure sufficient
customer access. The on-site parking would also ensure that patrons
would not park in the surrounding residential areas. The variance
request is located adjacent to University A venue where 30 feet of a 60-
foot right-of-way will be obtained from the MnDOr. MnDOT would retain
the other 30 feet, leaving 35 feet of green space between the parking lot
and University A venue. City Staff feels that this request is justified.
b) 8-foot heiqht variance for Siqn. The maximum height for a monument
sign is 8 feet. The applicant would like to construct a 16-foot tall sign.
....... ... .... ......... ........... ......... ......... .....Per--.this..reasen;..an-B-feet-height-varianee-isc..:ref/tlired;-..Fhe-.afJfJlieant...
stated that the proposed monument sign will be approximately 35 feet
from University A venue, and the additional height is needed so motorists
can see the sign in a timely fashion. There is also a fence along
University A venuf!. that would completely screen the sign if it were only 8
feet in height. The monument style sign would meet the design
guidelines criteria, and the stated hardship would justify the proposed
variance.
c) 35 square foot area variance for Siqn. The maximum square footage for
a monument sign is 40 square feet. The applicant would like to construct
a monument sign with 75 square feet of signage on both faces. For this
reason, a 35 square foot area variance is required. The applicant stated
that the larger sign is needed so it can be seen more easily from
motorists traveling quickly along University A venue. The increased size
will also keep the sign in proportion to its proposed height. City Staff
feels that the stated hardship justifies the variance request and has no
problems with the proposal.
P.136
Page 6
City of Columbia Heights Planning Commission
Sarna's Restaurant proposals
September 21, 2005
Case # 2005-1001
2. The conditions upon which the variance(s) is (are) based are unique to the
specific parcel of land involved and area generally not applicable to other
properties within the same zoning classification.
This is a unique parcel in that it is located within the 4dh A venue Design Corridor
and has frontage along University A venue. The only other parcel in the City with
these conditions is the Marathon Gas Station parcel across the street.
3. The difficulty or hardship is caused by the provisions of this Ordinance and has
not been created by any person currently having a legal interest in the property.
The land on which the parcel lays causes the two hardships for the variances
needed for the monument sign. The variances are needed to gain visibility from
passersby along University A venue in a timely manner so they can make the turn
onto 4dh A venue, and into the restaurant.
The applicant causes the parking lot setback variance. It is possible to reconfigure
the restaurant and parking on the site and eliminate the variance request. The
current configuration is one that the applicant feels will be most economically
rewarding, as it gives the restaurant the needed parking stalls to access the
restaurant.
4. The granting of the variance(s) is in harmony with the general purpose and
intent of the Comprehensive Plan.
As previously mentioned, the proposed restaurant meets the Comprehensive Plan
for this area. The associated variances would help the restaurant function in a
................-manner-that-weulel-aJle.w-th.e...restaI:1fant-teJ-remain:...a(-its.-propGsed-siteF...Fhe..
variances would be in harmony with the general purpose and intent of the
Comprehensive Plan.
5. The granting of the variance(s) will not be materially detrimental to the public
welfare or materially in]u.rious to the enjoyment, use, development, or value of
property or improvements in the vicinity.
City staff feels that the proposed project will do just the opposite. A restaurant use
in the proposed location will be an asset to the community, and will be beneficial to
the enjoyment, use and value of property or improvements in the vicinity. .
Vacation
Section 9.409, subd. 6 of the Columbia Heights Zoning Code requires that the Planning
Commission make each of the following findings before approving a vacation of a
street, alley, or public right-of-way:
1. No private rights will be injured or endangered as a result of the vacation.
P.137
Page 7
City of Columbia Heights Planning Commission
Sarna's Restaurant proposals
September 21, 2005
Case # 2005-1001
The vacation will enable the applicant to have sufficient parking for the restaurant
patrons. In this case, no private rights will be injured or endangered.
2. The public will not suffer loss or inconvenience as a result of the vacation.
Although the public right-of-way will be taken away, the project will incorporate a
pedestrian sidewalk that connects the east and southeast residential components of the
area to 4dh A venue and the restaurant. For this reason, the public will not suffer loss
or inconvenience as a result of the vacation.
Conclusion
The final plat needs to reflect any site plan changes resulting from the comments above.
Assuming those issues can be resolved, the preliminary plat can be approved. 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.
It should be noted that the vacation process takes two public hearings, a first and second
reading, by the City Council until it becomes valid. The vacation does not go into effect
until 30 days after the second reading of the ordinance is approved.
Recommendation
Motion: That the Planning Commission approve the site plan based on the following
conditions:
....4;.A.f0w-ef.arl3ervilae-si'lall.l3e-r:>lsflted.ala-minimtlm-(Jf-6~feet-in-heightahd-spat;ed-as-...
to create a full screening barrier along the eastern property line abutting the
residentially zoned parcels.
2. Screening and/or landscaping has been shown on the plan along the entire
perimeter. Please provideHa landscape plan indicating plant types, sizes and
species.
Motion: That the Planning Commission recommends that 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 Plat should identify the name of the proposed development.
P.138
Page 8
City of Columbia Heights Planning Commission
Sarna/s Restaurant proposals
September 211 2005
Case # 2005-1001
3. University Avenue is a MnDOT roadway, and 40th Avenue is an Anoka County
roadway. Please provide the City with their respective review comments of the
Development plans.
4. A 30-foot "turnback" from MnDOT for the University Avenue Service Drive is
included in the preliminary plat. MnDOT's position on removals, landscaping and
fencing of this area needs to be clarified before final platting.
5. The University Avenue Service Drive is still used for 3901 Lookout Place.
Therefore, an alternate access should be developed for 3901 Lookout and installed
by the Developer prior to the removal of the University Service Drive in this area.
6. All construction traffic must be controlled and shall be directed through the vehicle
tracking pads, as indicated on the SWPPP plan. All construction access will be
limited off of 40th Avenue. Due to the traffic volume on 40th Avenue, frequent street
cleaning may be necessary. .
7. The City standard for drive entrances is a concrete apron matching the concrete
curb and gutter.
8. If any existing curb and gutter grades are less than one percent (1 %) at the
driveway cuts, provide a concrete cross gutter.
9. All erosion control measures shall be installed and inspected by the City prior to any
site activities beginning.
10.Any site grading prior to final plat approval will require an excavation permit,
.. .... ........0btainedJromJ:be.Engineering-depar:trnent..... ........... ... ........ ............... ... .... ................... . .... ... ....................
ii.An NPDES permit will be required, at the time of construction. Additional erosion
control measures along the southerly property line are recommended, due to the
natural slope of the property. The City also reserves the right to require additional
erosion control measures during construction, as conditions warrant.
12.AII restoration of turf areas in the Public Right-of-Way (ROW) shall be by four (4)
inches of topsoil/sodding.
13. All work within Public ROW shall be inspected by the City Engineering Department.
Twenty four (24) hour advance notice of an inspection is required.
14. The alley connection shown by the Developer connecting the existing east-west
concrete alley to access Summit Avenue is acceptable. The Final Plans shall
include a design detail meeting City requirements for alley construction.
15. A north-south sidewalk connection has been shown extending to 40th Avenue to the
north and Summit Avenue to the south. The Final Plans shall include a design
P.139
Page 9
City of Columbia Heights Planning Commission
Sarna's Restaurant proposals
September 21, 2005
Case # 2005-1001
detail meeting the City requirements for pedestrian ramps and grade.
16.AII utilities (water main, sanitary sewer and storm sewer), shall meet the City of
Columbia Heights specifications for materials and instaiiation.
17. Disconnect any existing utility service stubs in accordance with Public Works
requirements.
18. The final plans should include signage for the alley change of direction.
19.AII sidewalks shall meet ADA requirements for pedestrian ramps and grade.
20.At final plan submittal, the developer must provide plan/profile sheets for the
utilities.
Motion: That the Planning Commission recommends that the City Council approve the 10-
foot front yard setback variance for parking, the 8-foot height variance for the monument
sign and the 35 square foot area variance for the monument sign.
Motion: That the Planning Commission recommends approval of the requested vacation of
the portion of Lookout Place as described herein 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 proposed easement for the existing utilities be extended 5 feet further west to
accommodate the existing water main line, to be approved by the City Engineer.
2. The closure and removal of the existing Lookout Street section shall be the
--r:esponsjbjlit~-oLtbaDej[eJop-eL- ..---- . .-.--... ....- .. ..--------- . .- -.--- - .. --.-.----
3. The second reading of the proposed vacation will not occur until the City Council
approves the preliminary and final plats.
4. The approval of the vacation is contingent on the utility companies (namely
CenterPoint Energy, Comcast Cable, Qwest, and Xcel Energy) giving approval of
the vacation.
Attachments
. Figure 1: Location Map
. Figure 2: Preliminary Plat
. Figure 3: Site Plans
. Figure 4: Building Elevations
. Appendix A (Legal description of proposed vacation).
P.140
Page 10
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1hl;1J parr Dr Loolo.out Placl! IYln9 bejwu-en 2 line~: Ihe lIorlhurly line bUlIlg
Ihe .u~'erly' lI'lll!ns,cn or Ihu norlh line or Blocle as, Cohunbll' He'gku Anpoll
ICI Minnol:lp'oli~. 10 Ihe eOlll!'rly line af Slole Trunk High,av NQ. 47 and Ihe
BI;~~e6Ix. l~~rll~b~~g Hd:';h~~ r ^~~e~h~o mHi~n::v~7i:~I:~r~h&c~~~~h(l~~' L~~r~~~
of the nonh half :Jr Lor 2. en d,lerallned by properrionol meOSllrelllerllS orops
Ihe aa~1 and u:~l lines. aoarronqQlllent Dr Block E. Columbia Heighh ^nnex
10 Hilln'/!apclis.
All in Anoka County KinMlloOltl.
L tlgol Oeser/pllOIf or Prop,rty SlIr"lt)'fld Wi/hill The Sohd Boundary
Lo' 15. Block S8. togl:lher _ilh .he. eos! 30.00 fael ~r Ihe .,acall!'d LookOUT Place
^~drlllllg therelo.
[:~II!.O~'lo~~ ~hae. ealt 30.00 fur of "ocoled LooKout Ploce. _hich .ould accrue 10
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Lot 16 Gnd Iho' part or L01 17. Slocle 68. Iyine IOulhuslerlv ar Ihe rollollipg
descrIbed .Une I" opd norlhusterly or Ihe (onoling dQienbed 'Line r.
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Beginning 131 Q poinl on rhe SOllln Jine "f laid Lol 17. dislonl 21.00 reel wellerlv
of the SOlllholur corner: thenco northwesterly to 0 p01l1l on rhiil les' line Illid pJ::IInl
ti~:92~oa.oo hut Hllllherly of Ihe lIorlhwl!lt carner and Ihere lerralno/e.
BegInning 01 0 poinr on Ihe norlh h"~ of said Lol 17. diSlant 10.00 feel easlerly
or,lher nOrlh.lul .::orner: Ihence sDu/hWlJlturlr 10 0 palM on Ihe 'ell line said
f;~'::r~ell:n~lrl~'~~e :eo:I'r 3cr8orlre:,' ~rg\'o":~II~deL~:K~lInropl~g~ ~e~~~,pl;r:~:~~~~.
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LEGEND
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DENOTE::: IFlCI\I PIPE l.IOt'lJMENT FOUNO
DENOTES IRON PIPE 'dOrlJMENT SET
DENOTES I.L'IO N^,L ~ND DISI( SCT
OENOTE~ EX I STI NG S.~1I T;\R'r SE\1EP.
OENOTE's ;:'CISTING \lATER ""IN
DENOTES: EXI STI~JG GAS UAIN
DENOTEs EXISTING CONCrlere CURB CUT
OENo.TES 5 FOOT tON1OUll LINE
DENOTI;:S I fOOT CONTOUR LINE
DENOTEs 9CtSTING SPOT ELEV^TION
DENOTt;S CI-I^IN Llm FENCE
D8'/01"2S POWER POLE I OvERHEAD ELECTR r c
DENoTE!;: reU::PHO~1.E PEDESTAL I UNDERGROUNO TE!.EPI-IONE
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DENOTEs BLACKTOP I CONCRETE ~REA tPOOR CONDI nONJ
f,)R THIS PLM!. ,HE Ez\ST LINE OF lJ'.1I\fEqSITY
A'JEJoIUE, IS <\S:i\.'lEQ TO SEAR S 02':!4'094E.
TOTAL AREA W: BQ'JI'IOAP.Y . 53.geOr SO.FT.
OR 1.2 ^CRES
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Appendix A
Leqal Description for the Vacation of Lookout Place
(As provided by Kurth Surveying, Inc.)
That part of Lookout Place lying between 2 lines: the northerly line being the
westerly extension of the north line of Block 68, Columbia Heights Annex to
Minneapolis, to the easterly line of State Trunk Highway No. 47 and the southerly
line being drawn from the most southwesterly corner of Lot 17, Block 68,
Columbia Heights Annex to Minneapolis, to the southeast corner of the north half
of Lot 2, as determined by proportiona(measu'rements along the east and west
lines. Rearrangement of Block E, Columbia Heights Annex to Minneapolis.
'"
P.142
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting of: October 10, 2005
AGENDA SECTION: Items for Consideration
NO:
ORIGINATING DEPARTMENT:
Community Development
CITY MANAGER'S
APPROVAL
~ .n'rff4~
BY: <<~I; /~!7
ITEM: Case #2005-1001, Approval ofa
Preliminary Plat and three variances for Sama's
Addition
BY: Jeff Sargent, City Phumer
DATE: October 6, 2005 J5
BACKGROUND:
Mr. James Sama has requested City Council approval of a preliminary plat for the Sarna's Addition, to be located at
the southeast comer of University Avenue and 40th A venue. In conjunction with the Preliminary Plat approval, the
applicant is also requesting approval of three variances as follows: a IO-foot front yard setback variance for hard
surface parking, an 8- foot height variance for a monument sign, and a 35 square foot area variance for a monument
SIgn.
The Sarna's are proposing a 6,000 square foot restaurant on the site, with approximately 74 parking stalls. The
property currently consists of 5 parcels owned by the EDA, as well as a stretch of Lookout Place. The plat is
contingent on the sale of these properties from the EDA to Sama, Inc., as well as the vacation ofthe Lookout Place
right-of-way and the completion of the vacation of the frontage road along University Avenue. It should be noted
that the [mal plat for this development would not take place until all other criteria and approvals for this property
have been met including all vacations, the full sale of the property, and a liquor license.
The Planning Commission approved the site plan and recommended approval of the Preliminary Plat subjectto the
following conditions of approval:
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-tenn maintenance and repair responsibilities.
2. The Plat should identify the name of the proposed development.
3. Universit'j A venue is a J\1nDOT roadway, and 40th A venue is an Anoka County roadway. Must provide the
...........................-eity-witlnlre-'rnesp.edive-revrewcomments-ohhe-Bevelopment1)lans:-...........-...............-.-------....---....--..---.-...
4. A 30-foot "tumbacle" from MnDOT for the University Avenue Service Drive is included in the fInal plat.
MnDOT's position on removals, landscaping and fencing of this area needs to be clarified before [mal
platting.
5. The University Avenue Service Drive is still used for 3901 Lookout Place. Therefore, ill} altemate access
should be developed for 3901 Lookout and instaUed by the Developer prior to the removal of the University
Service Drive in this area.
6. All construction traffic must be controlled and shall be directed through the vehicle tracking pads, as
indicated on the SWPPP plan. All construction access will be limited off of 40th Avenue. Due to the traffic
volume on 40th Avenue, frequent street cleillling may be necessary.
7. The City standard for drive entrances is a concrete apron matching the concrete curb and gutter.
Q Tf'ar'y o.";C'1+;'",1"l" "...,..,..b and ~ntta.... n-rl:JrI'e" are le"" +h9.n "ne ~arcen+ (1 0/'0) n+the rl"";-s:ve'~10"tl ,..,......tC1 1I""1I4n~1;r1o n conro....cd-o.
u. .L.1.. .1 \o..I.n..~,:Hll.15\oJUJ. 5U".....16J.uU i:J J. C),:)u............V.l p\,.l .lL\.L/ UL u..11 nuy'"'uo,p.lVVJ.U\..tU .l.V.l"-'L"""
cross gutter.
9. All erosion control measures shall be installed and inspected by the City prior to any site activities
begilming.
10. Any site grading prior to final plat approval will requil"e ill1 excavation pennit, obtained from the
Engineering department.
11. An NPDES permit will be required, at the tilne of construction. Additional erosion control measures along
the southerly property line are recommended, due to the natural slope ofthe property. The City also reserves
the right to require additional erosion control measures duril1g construction, as conditions warrant.
12. All restoration of turf areas in the Public Right-of-Way (ROW) shall be by four (4) inches of
topsoil/sodding.
P.143
13. All work within Public ROW shall be inspected by the City Engineering Department. Twenty four (24)
hour advance notice of an inspection is required.
14. The alley connection shown by the Developer connecting the existing east-west concrete alley to access
Summit Avenue is acceptable. The Final Plans shall include a design detail meeting City requirements for
alley construction. Alley access must be provided prior to Lookout Place being closed.
15. A north-south sidewalk connection has been shown extending to 40th Avenue to the north and Summit
Avenue to the south. The Final Plans shall include a design detail meeting the City requirements for
pedestrian ramps and grade.
16. All utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights
specifications for materials and installation.
17. Discollilect any existing utility service stubs in accordance with Public Works requirements.
18. The final plans should include SigIlage for the alley change of direction.
19. All sidewalks shall meet ADA requirements for pedestrian ramps and grade.
20. At final plan submittal, the developer must provide plan/profile sheets for the utilities.
21. The plat must be found acceptable to the Fire Chief.
The Planning Commission recommended the 1 O-foot front yard setback for hard surface parking for approval by a
vote of 5-0. The variance would allow the applicants to utilize more parking spaces on-site, and would further
ensure that patrons would not park in the surrounding residential neighborhood.
The Planning Commission recommended approval of the 8- foot height variance and the 35 square foot area variance
for the monument sign by a vote of3-2. The applicants stated that the need for the extra height and square footage is
a function of the proximity to University Avenue, the speed of motorists traveling along the roadway, and the
topography of the area. The proposed monument sign will be the only SigIlage directly visible from either University
Avenue or 40th Avenue.
RECOMMENDATION: The Planning Commission held a public hearing on October 4,2005 and recommended
that the City Council approve the preliminmy plat based on the stated conditions. The Plmming Commission also
recommended that the City Council approve the 1 O-foot front yard setback vm"iance for hard surface parking, and the
8-foot height variance and 35 square foot are variance for the proposed monument sign.
RECOMMENDED MOTIONS:
Move to approve the Sm"na's Addition preliminary plat, subject to the 21 stated conditions as approved by the
Planllil1.g Commission.
Move to approve the 10- foot front yard setback variance for hard surface parking for Sama's Addition.
Move to approve the 8-foot height variance and the 35 square foot area variance for the monument sign for Sarna's
Addition.
Attachments: Planning Report, Preliminary Plat Materials
COUNCIL ACTION:
P.144
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
C,A.SE NUMBER: 2005-1001
DATE: September 21 , 2005
TO: Columbia Heights Planning Commission
APPLICANT: James Sarna
LOCATION: Southeast Corner of University Avenue and 40th Avenue
A portion of Lookout Place Right-of-Way
REQUEST: Preliminary Plat, Vacation, Site Plan, three Variances
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
At this time, James Sarna is requesting six (6) approvals. They are as follows:
1. The Preliminary Plat for Sarna's Addition.
2. The Site Plan for Sarna's Addition.
yard setback variance for hard surface setbacks from a public
";"'h.f. ~f ...~.. ~~.. f'"'~....I~ S-_.f.:_- n D1'"l suL..-' ...,-
II~ IL-U -yyay pOl ......UUO I:;:L;LIUII ;;1.0"::', IJU. I.y.
4. An 8-foot height variance for a monument sign per Code Section 9.616, subd.
12.a.iii.
5. A 35 square foot area variance for a monument sign per Code Section 9.616,
subd. 12.a.iii.
6. A partial vacation of the Lookout Place right-of-way as described in Appendix
^
1-\.
Mr. James Sarna -is proposing to construct a new 6,000 square foot restaurant on the
southeast corner of University Avenue and 40th Avenue. This project will incorporate 5
different properties currently owned by the Economic Development Authority (EDA), as well
as the vacation of a portion of Lookout Place. Three different variances will be needed as
well. The first is a setback variance to gain adequate parking space for the patrons. The
second and third variance requests are for the monument si~n promoting the business,
located on the southeast corner of University Avenue and 40 Avenue.
P.145
City of Columbia Heights Planning Commission
Sarna's Restaurant proposals
September 21, 2005
Case # 2005-1001
PLANNING CONSIDERATIONS
The project is located on the southeast corner of University ,.t..venue and 40th ,tI.venu8, and
is located within the Design Overlay District of 40th Avenue. Properties located in this
district are subject to stricter design guidelines when discussing the placement of the
building on the lot, the height of the building, architectural details of the building, and
signage.
The design guidelines build on and complement recently completed streetscape
improvements to the Central Avenue business district. They were developed by City staff,
consultants and a Task Force with representatives from the City Council, Planning
Commission, area business and landowners, and interested citizens, and are intended on
being mandatory.
It is assumed that the intent of the guidelines should be met, however, it is understood that
there may be many ways to achieve the same design objectives. The City may permit
alternative approaches that, in its determination, meet the objective(s) of the design
guideline(s) equally well. The City may also waive any guideline when specific physical
conditions of the site or building would make compliance more difficult or inappropriate.
The property is also located in the GB, General Business District, and is adjacent to
University Avenue. Being that the project is on the fringe of the 40th Avenue Design
Corridor, and is also a focal entry point into the City's downtown business district,
enforcement of the design guidelines will be subjective to the overall design objectives that
the City would like to see enforced.
Preliminary Plat
Section 9.411 (6) of the Columbia Heights zoning code requires that the City Council make
each of the following findings 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 requires that the preliminary plat contains the necessary
information needed to approve it as such. The submitted application for the Sarna's
Addition is acceptable to be approved as a Preliminary Plat.
2. The proposed subdivision is consistent with the Comprehensive Plan.
The Comprehensive Plan guides this area towards "Transit Oriented Development".
The Comprehensive Plan states that this classification focuses on the commuting
needs of Columbia Heights residents. As a result, a higher percentage of service-
P.146
Page 2
City of Columbia Heights Planning Commission
Sarna's Restaurant proposals
September 21, 2005
Case # 2005-1001
oriented commercial/retail development will be necessary with high-density
residential development providing the balance of the development. With the
Schaefer/Richardson and Ryland Homes project just to the south of the proposed
"Sarna's Restaurant", this type of use fits perfectly with the goals of the
Comprehensive Plan.
3. The proposed subdivision contains parcel and land subdivision layout that is
consistent with good planning and site engineering design principles.
The site layout does have some issues. They are as follows:
a) Drive aisle width. On the southeastern portion of the parking lot, the
preliminary plat indicates that one of the drive aisles only be 20 feet in width
as opposed to the City Code requirement of 24 feet. All other drive aisles
and parking stall lengths meet City Code requirements. City Stafffeels that
because this will not be a major drive aisle, the 2D-foot width aisle would
suffice the needs of traffic circulation throughout the site. If the developer
were to increase the size of the drive aisle to meet City Code requirements,
two additional parking stalls would have to be removed.
b) 6-foot wooden fence. City Code requires that a 6-foot tall wooden privacy
fence be erected between any new commercial developments and adjacent
residential properties. There is one portion of the property on the southeast
corner of the lot that abuts residentially zoned property. In lieu of a 6-foot
high fence, the applicant has proposed to install 6-foot tall arborvitae trees,
spaced at an interval that would in essence create a solid wall. City Staff
feels that natural vegetation would be more aesthetically pleasing than a
- -----------------------------wQoded---feFJG&.---A-GQRGiitiQR-will-tJe-impese€f--eR-the--applieaRt--that--tn-e----
arborvitae tress planted in this area shall be a minimum of 6 feet in height.
c) On-site pondinq. The applicants are not proposing any type of on-site
ponding. The development will rely on two catch basins at the south end of
the site to control rainwater runoff and carry it to the City's sanitary sewer
lines located within the Lookout Place right-of-way and adjacent alleyway.
The sanitary sewer line will be sized to accommodate a 1 D-year event, with
little interference or ponding in the parking lot. During a 1 DO-year event,
however, there will be some significant ponding on the south portion of the
parking lot (up to 6 inches) until the rain subsides and is carried on through
the catch basins to the sanitary sewer lines. The applicants are also
considering using the rooftop as a means of ponding, but would rather not
pursue that option.
d) 334 - 40th A venue. The design layout of the new plat, in association with all
vacations, new sidewalks and alleyway reconfigurations~ has decreased the
access for Mr. Gondek, whom resides at 334 - 40 h A venue, into his
business. The applicant has agreed to enter into an easement to grant
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City of Columbia Heights Planning Commission
Sarna's Restaurant proposals
September 21, 2005
Case # 2005-1001
access to Mr. Gondek through the development property to gain access into
his property.
e) Enqineerinq considerations. Kevin Hanson has revievl/ed 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. Hanson's concerns.
Site Plan
Section 9.413, subd. 4 of the Columbia Heights Zoning Code requires that the Planning
Commission make each of the following findings before approving a site plan:
1. The site plan conforms to all applicable requirements of the Ordinance.
As stated previously, the project site is located in the Design Guideline Corridor of
4dh A venue, and is also adjacent to University A venue. The applicant wants to take
advantage of motor vehicle traffic along University Avenue because of the site's
proximity to this major thoroughfare. For this reason, the site does not conform to
the design guidelines in some respects. They are as follows:
a) The buildinq does not meet the setback or orientation requirements. The
design guidelines specify that building facades should be flush with the
sidewalk or set back no more than 10 feet for at least sixty percent (60%)
of the length of the front fa9ade. At intersections, these building should
"hold the comer", that is have street facades at or near the sidewalk on
both streets.
The proposed restaurant sits at an angle to botll the western and
southern lot lines, with an approximate 1-foot setback to each property
line. The design standards would require the building to be placed at the
intersection of University A venue and 40th A venue, at a setback of no
more than 10 feet from the northern and eastern lot lines. City Staff feels
that because the front of the building faces University A venue, some
discretion pertaining to the setbacks can be made. In this case, the
proposed location of the building makes the most sense and would
achieve the same goals as outlined in the design standards for 4dh
A venue.
b) Buildinq heiqht. The design guidelines require that all buildings shall
have a minimum cornice height of 22 feet, to convey a multi-story
appearance even if the building has only one occupied floor.
The proposed 6,000 square foot restaurant is only one story in height
with a height of approximately 16 feet. Because of the site's location in
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Page 4
City of Columbia Heights Planning Commission
Sarna's Restaurant proposals
September 21, 2005
Case # 2005-1001
relation to University Avenue, as well as the function of the building, City
Staff feels that this is an acceptable height that would meet the objectives
of the design guidelines. Staff also feels that the exterior architectural
features of the building will offset the need for this buiiding to appear as if
it is 2 stories in height.
c) Parkin~ issues. The design guidelines specify that off-street parking in
the 40t A venue District be located to the side or rear of buildings, with a
maximum of fifty percent (50%) of the lot frontage being occupied by
parking. .
The placement of the building on the site makes it difficult to achieve this
specification. The site has 74 parking stalls on site, with 42 stalls located
in front of the building along 4dh Avenue (56.7%). Again, the applicants
would like the front of the building to be adjacent to University A venue.
City Staff has no problems with an extra 5 stalls being located in front of
the restaurant adjacent to 4dh A venue.
A 1 O-foot setback variance will also be required for hard surface parking
along the University A venue right-of-way.
d) Siqnaqe. The underlying zoning (G8, General Business) allows for a
pylon sign on this site, as it is adjacent to University A venue. The design
guidelines specify that only a monument sign may be incorporated in the
4dh A venue Corridor. The proposed monument sign requires two
variances due to the proposed height and square footage of the sign.
-2.
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Comprehensive Plan.
The project is consistent with the general direction established in the
Comprehensive Plan.
3. 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. Staff has found the project to be in compliance with the
standards to an extent that would make this project beneficial to the City. All other
design features not in compliance with the design guidelines have also been
approved by City Staff based on the project using sound planning standards.
4. The site plan minimizes any adverse impacts on property in the immediate
vicinity and the public right-of-way.
The proposed 6,000 square foot restaurant is positioned away from abutting
residential uses and in an area that minimizes the impact on properly in the
P.149
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City of Columbia Heights Planning Commission
Sarna's Restaurant proposals
September 21, 2005
Case # 2005-1001
immediate vicinity. The exterior building materials used on the restaurant will
compliment the design guidelines and will add aesthetic appeal to the area.
Variances
Section 9.407, subd. 6 of the Columbia Heights Zoning Code requires that the Planning
Commission make each of the following findings before approving a variance:
1. Because of the particular physical surroundings, or the shape, configuration,
topography, or other conditions of the specific parcel of land involved, strict
adherence to the provisions of this Ordinance would cause undue hardship
a) 1 O-foot setback variance for parkinq. The minimum setback requirement
for parking surfaces is 15 feet from the lot line. The applicant would like
to place his parking lot 5 feet from the lot line. For this reason, a 10-foot
setback variance is required. The applicant stated that the extra 900
square feet that will be acquired through this variance request would
enable the restaurant to install needed parking staffs to ensure sufficient
customer access. The on-site parking would also ensure that patrons
would not park in the surrounding residential areas. The variance
request is located adjacent to University Avenue where 30 feet of a 60-
foot right-of-way will be obtained from the MnDOT. MnDOT would retain
the other 30 feet, leaving 35 feet of green space between the parking lot
and University A venue. City Staff feels that this request is justified.
b) 8-foot heiqht variance for Sian. The maximum height for a monument
sign is 8 feet. The applicant would like to construct a 16-foot tall sign.
c:: tb' 0 J; t b . bJ. . . . d Tb. ,. .
____________LQL -lSJaaSQnr-aD-o~IDD ,- -Big -Ulall8nCe--JS-reqUl!e -.-------./.-,- e-8pp lcam----
stated that the proposed monument sign will be approximately 35 feet
from University A venue, and the additional height is needed so motorists
can see the sign in a timely fashion. There is also a fence along
University A venuE! that would completely screen the sign if it were only 8
feet in height. The monument style sign would meet the design
guidelines criteria, and the stated hardship would justify the proposed
variance.
c) 35 square foot area variance for Sian. The maximum square footage for
a monument sign is 40 square feet. The applicant would like to construct
a monument sign with 75 square feet of signage on both faces. For this
reason, a 35 square foot area variance is required. The applicant stated
that the larger sign is needed so it can be seen more easily from
motorists traveling quickly along University A venue. The increased size
will also keep the sign in proportion to its proposed height. City Staff
feels that the stated hardship justifies the variance request and has no
problems with the proposal.
P.150
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City of Columbia Heights Planning Commission
Sarna/s Restaurant proposals
September 211 2005
Case # 2005-1001
2. The conditions upon which the variance(s) is (are) based are unique to the
specific parcel of land involved and area generally not applicable to other
properties within the same zoning classification.
This is a unique parcel in that it is located within the 4dh A venue Design Corridor
and has frontage along University A venue. The only other parcel in the City with
these conditions is the Marathon Gas Station parcel across the street.
3. The difficulty or hardship is caused by the provisions of this Ordinance and has
not been created by any person currently having a legal interest in the property.
The land on which the parcel lays causes the two hardships for the variances
needed for the monument sign. The variances are needed to gain visibility from
passersby along University Avenue in a timely manner so they can make the turn
onto 4dh A venuel and into the restaurant.
The applicant causes the parking lot setback variance. It is possible to reconfigure
th" ""sta' ..."....t "nrl p"""J'n"" ".... I-h" ~:t" ~~,./ ",:~:~"t~ tf..." . '~":a~c~ "e~u~~t ""h~
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current configuration is one that the applicant feels will be most economically
rewarding, as it gives the restaurant the needed parking stalls to access the
restaurant.
4. The granting of the variance(s) is in harmony with the general purpose and
intent of the Comprehensive Plan.
As previously mentioned, the proposed restaurant meets the Comprehensive Plan
for this area. The associated variances would help the restaurant function in a
--mannec-tbaLwoulfLallow--tbe--restaurant-to:--mmain---Bt--its--proposed- site.- ---T-he-----
variances would be in harmony with the general purpose and intent of the
Comprehensive Plan.
5. The granting of the variance(s) will not be materially detrimental to the public
welfare or materially inJu'rious to the enjoyment, use, development, or value of
property or improvements in the vicinity.
City staff feels that the proposed project will do just the opposite. A restaurant use
in the proposed location will be an asset to the community, and will be beneficial to
the enjoyment, use and value of property or improvements in the vicinity.
Vacation
Section 9.409, subd. 6 of the Columbia Heights Zoning Code requires that the Planning
Commission make each of the following findings before approving a vacation of a
street, alley, or public right-of-way:
1. No private rights will be injured or endangered as a result of the vacation.
P.1Sl
Page 7
City of Columbia Heights Planning Commission
Sarna's Restaurant proposals
September 21, 2005
Case # 2005-1001
The vacation will enable the applicant to have sufficient parking tor the restaurant
patrons. In this case, no private rights will be injured or endangered.
2. The public will not suffer loss or inconvenience as a result of the vacation.
Although the public right-at-way will be taken away, the project will incorporate a
pedestrian sidewalk that connects the east and southeast residential components ofthe
area to 4dh A venue and the restaurant. For this reason, the public will not suffer loss
or inconvenience as a result at the vacation.
Conclusion
The final plat needs to reflect any site plan changes resulting from the comments above.
Assuming those issues can be resolved, the preliminary plat can be approved. 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.
It should be noted that the vacation process takes two public hearings, a first and second
reading, by the City Council until it becomes valid. The vacation does not go into effect
until 30 days after the second reading of the ordinance is approved.
Recommendation
Motion: That the Planning Commission approve the site plan based on the following
conditions:
------Jc.-Amw-ofa.r:boruitae-sbal.l-be-planted-at-a-m.i.n.imu.m-of6-::Jeetin--beight-and-spaced-as----------
to create a full screening barrier along the eastern property line abutting the
residentially zoned parcels.
2. Screening and/or landscaping has been shown on the plan along the entire
perimeter. Please provide-a landscape plan indicating plant types, sizes and
species.
Motion: That the Planning Commission recommends that 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 Plat should identify the name of the proposed development.
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City of Columbia Heights Planning Commission
Sarna's Restaurant proposals
September 21, 2005
Case # 2005-1001
3. University Avenue is a MnDOT roadway, and 40th Avenue is an Anoka County
roadway. Please provide the City with their respective review comments of the
Development plans.
4. A 30-foot "turnback" from MnDOT for the University Avenue Service Drive is
included in the preliminary plat. MnDOT's position on removals, landscaping and
fencing of this area needs to be clarified before final platting.
5. The University Avenue Service Drive is still used for 3901 Lookout Place.
Therefore, an alternate access should be developed for 3901 Lookout and installed
by the Developer prior to the removal of the University Service Drive in this area.
6. All construction traffic must be controlled and shall be directed through the vehicle
tracking pads, as indicated on the SWPPP plan. All construction access will be
limited off of 40th Avenue. Due to the traffic volume on 40th Avenue, frequent street
cleaning may be necessary.
7. The City standard for drive entrances is a concrete apron matching the concrete
curb and gutter.
8. If any existing curb and gutter grades are less than one percent (1 %) at the
driveway cuts, provide a concrete cross gutter.
9. All erosion control measures shall be installed and inspected by the City prior to any
site activities beginning.
10.Any site grading prior to final plat approval will require an excavation permit,
........__.ohtaine_d_fmmJbe_Enginesring_department._______________________ ..__________________________
1"I.An NPDES permit will be required, at the time of construction. Additional erosion
control measures along the southerly property line are recommended, due to the
nqtural slope of the property. The City also reserves the right to require additional
erosion control measures during construction, as conditions warrant.
12.AII restoration of turf areas in the Public Right-of-Way (ROW) shall be by four (4)
inches of topsoil/sodding.
13. All work within Public ROW shall be inspected by the City Engineering Department.
Twenty four (24) hour advance notice of an inspection is required.
14. The alley connection shown by the Developer connecting the existing east-west
concrete alley to access Summit Avenue is acceptable. The Final Plans shall
include a design detail meeting City requirements for alley construction.
15. A north-south sidewalk connection has been shown extending to 40th Avenue to the
north and Summit Avenue to the south. The Final Plans shall include a design
P.153
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City of Columbia Heights Planning Commission
Sarna's Restaurant proposals
September 21, 2005
Case # 2005-1001
detail meeting the City requirements for pedestrian ramps and grade.
16.AII utilities (water main, sanitary sewer and storm sewer), shall meet the City of
r..nh i1llhi::i n' 'AighLl<::: c::nA'....j.cII'f';:iLliulr-l" fill- iTi;:iL[e. Fl'a. Ie ,:;nrl ins-tal'I'afinn
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17. Disconnect any existing utility service stubs in accordance with Public Works
requirements.
18. The final plans should include signage for the alley change of direction.
19.AII sidewalks shall meet ADA requirements for pedestrian ramps and grade.
20.At final plan submittal, the developer must provide plan/profile sheets for the
utiliti es .
Motion: That the Planning Commission recommends that the City Council approve the 10-
foot front yard setback variance for parking, the 8-foot height variance for the monument
sign and the 35 square foot area variance for the monument sign.
Motion: That the Planning Commission recommends approval of the requested vacation of
the portion of Lookout Place as described herein 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 proposed easement for the existing utilities be extended 5 feet further west to
accommodate the existing water main line, to be approved by the City Engineer.
2.
The closure and removal of the existing Lookout Street section shall be the
J!;L~R01I~IQlli1Y-Qttl}~Q~Y~lQR~L________ ___________ ______________________ ____________________
3. The second reading of the proposed vacation will not occur until the City Councii
approves the preliminary and final plats.
4. The approval of the vacation is contingent on the utility companies (namely
CenterPoint Energy, Com cast Cable, Owest, and Xcel Energy) giving approval of
the vacation.
Attachments
. Figure i: Location Map
. Figure 2: Preliminary Plat
Ii Figure 3: Site Plans
Ii Figure 4: Building Elevations
. Appendix A (Legal description of proposed vacation).
P.154
Page 10
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COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meetin of: October 10, 2005
AGENDA SECTION: I 0J
NO: ,-62...
ITEM: Approve Agreement with
Dahlaren, Shardlow and Uban DATE: September 29, 2005
BACKGROUND
The purpose of this memorandum is to recommend the City enter into an agreement with
Dahlgren, Shard low and Uban, Inc. for the purpose planning for redevelopment and renewal in
the Heritage Heights Neighborhood.
ORIGINATING DEPARTMENT:
Communit Development
BY: Robert Streetar
CITY MANAGER'S
APPROVAL
BY~~._/
- 1:
June 21, 2005 City Council work session
Residents of the neighborhood shared their concerns regarding the condition of the
neighborhood. Resident concerns centered on crime, poor personal resident behavior, poor
property image, and lack of property investment. These concerns echoed those expressed by
residents in the early 1990's, which led to the creation of the Sheffield Redevelopment Plan in
1994 and implementation in 1995.
Sheffield Redevelopment Plan - 1994
In 1994, the City of Columbia Heights implemented a neighborhood revitalization plan to
address the concerns of residents living in this neighborhood. The red line on the attached map
identifies the revitalization area known as the Sheffield neighborhood. Specifically, the concerns
centered on three themes, they were:
1. The intensity of duplex and multi-family housing in the neighborhood and the lack of
upgrading and maintenance;
2. The need for either substantial upgrading or removal of blighted single-family homes,
duplex, and multifamily units;
3. The need for buffer areas between the commercial developments along Central Avenue
and the residential to the west.
The neighborhood had been in decline fOi 10 years. Property values on single-family homes,
duplexes and multifamily had been declining. Parcels, that had homes removed and marketed
for new development, remained vacant. In addition, significant police resources were employed
to stabilize the neighborhood. Subsequently, this neighborhood implicated the rest of the City
as a questionable place to move to and raise a family or remain. Subsequently, the City
responded agreeing to implement five strategies, which were to:
1. Acquire 20 duplexes and remove or renovate into single-family homes.
2. Promote turning back rental duplexes into owner-occupied units. The City would acquire
the units, rehab them, and then sell them to new homeowners.
3. Provide loans/grants to encourage property owners to improve their properties.
4. Provide financial incentives to encourage the creation of a buffer area between the
commercial properties and the residential properties on the east side of Central Avenue.
5. Acquire and demolish and/or renovate multi-family buildings.
Of the five strategies, the City only implemented the first, resulting in 18 new single-family
homes built in 1995. This area is shown in green on the attached map.
July 19, 2005 City Council work session
The Council directed staff to recommend a nl;:mning process for the potential renewal and
P.163
redevelopment of the Heritage Heights Neighborhood.
Planninq Process
Staff recommends entering into a six-month planning process with assistance from the planning
firm of Dahlgren, Shard low and Uban (DSU). DSU assisted the City with the planning of Grand
Central Lofts in 2003. The planning process would begin in October and end no later than April
2006. The planning process would consist of:
· Establishing a resident redevelopment advisory committee to the City Council as was done
in the Kmart redevelopment planning process.
· Reviewing the redevelopment area characteristics and related opportunities and
constraints.
· Determining the redevelopment potential for different types of uses such as residential,
commercial office and retail through a market study.
II Developing feasible redevelopment scenarios for advisory committee and Council review
and feedback.
· Determining the public actions necessary to implement the preferred concept such as
amending the Comprehensive Plan and Zoning Ordinance.
· Presenting to the City Council with a preferred redevelopment concept and authorization to
implement to the concept by soliciting developer interest.
Please note, since July, DSU has assisted the citizens of Hilltop to prepare potential
redevelopment concepts along Central Avenue. The concepts have included new commercial,
and housing. Given the planning Hilltop is undertaking, and the new Grand Central Lofts
development, this planning effort for the renewal and redevelopment of the Heritage Heights
Neighborhood, represents a good opportunity to make a significant impact in the area along
Central Avenue in both Columbia Heights and Hilltop. The cost for this planning effort is
$50,000, which is the same cost as the planning efforts that were undertaken for the
redevelopment of the Kmart site and the redevelopment of the industrial park.
RECOMMENDA TIOt..!: Staff recommends entering into and agreement with Dahlgren, Shardlow,
...... ....m._ ana-U6an;-rnc..for tnep~Llrposepranriingformredevelopm-e-nTand-renewann.tneHeritag.eHelgnts....-
Nl=!il1hhnrhnnrl
. --";1"'--"'---'
RECOMMENDED MOTION: Move to approve an agreement between the City of Columbia
Heights and Dahlgren, Shardlow, and Uban for a planning study of the Heritage Heights
Neighborhood; and furthermore, to authorize the Mayor and City Manager to enter into an
agreement for the same.
COUNCIL ACTION:
H:\Shared\Community Development\City Counci12005\CL DSU Contract 10-10-05
P.164
INCORPonhTED
CONSULTING .PLANNERS
LANDSCAPE ARCHITECTS
300 FIRST AVENUE NORTH
SUITE 210
MINNEAPOLIS, MN 55401
612"3.39"33.00
September 28, 2005
Mayor and Members of the City Council
c/o Mr. Bob Streetar, Deputy Executive Director
City of Coluinbia Heights "
590 40th Avenue North
Columbia Heights, MN 55421
Subject: Agreement for Planning Services
Dear Mr. Streetar:
This letter of agreement between the City of Columbia Heights (the City) and Dahlgren,
. Shardlow and Uba..ll, Inc. (DSLT) is for plw..ning services to guide t.he future of the Sheffield
Neighborhood Planning Area. .This area is bordered on the west by Central Avenue, on the north
by 47th Avenue NE and the new Grand Central Lofts project, on the east by the lots fronting on
the east side of Johnson Street and Keyes Park and on the south by 45thAvenue NE.
ARTICLE 1: SCOPE OF SERVICES
DSU will work with the City Council, Planning Commission and a designated Redevelopment
Advisory Committee to fully understand the planning issues, problems and opportunities facing
the future redevelopment of this area, including particularly an analysis of the market conditions
.........al1d.opportunities_that..are._Pf-es.enLill_tIiiLn.eighborh.QQdL.A_I1Iioritiz~d_s_eJ.Qt iSS!l~~..y..rilLQ~..
established, along with a clear set of goals and objectives culminating in a redevelopment plan.
"lhe objectives oftbis redevelopment plan Will inciude but not be limited to:
I!l Dealing effectively with the adverse secondary effects associated with the current high
concentrations of rental properties
. Determine the most beneficial mixtme and pattern of larid u~e development, as well as the
most cost effective methods of redevelopment
. Explore the opportunity to provide more employment opportunities for residents within
walldng distance of transit and other uses .
. Provide new housing choices within the city, in particular life cycle housing
. Reestablish, if not increase, the use of transit, and provide more amenities to encomage
walking and bildng
. Involve the community in determining the best type of redevelopment for the Subject
Property, recognizing its context related to the adjacent Grand Central Lofts redevelopment
and the potential redevelopment of the Central Avenue corridor within the City of Hilltop.
.. Cooperatively work with affected units of government and, in particular, establish the basis
for funding through the Metropolitan Council's Livable Communities Grant Program.
H:\Projects\ProjectslHeritage Heights NeighborhoodlDSU pP: 16 50raji Contract 9--27-2005. doc
Mr. Bob Streetar
September 28, 2005
Page 2
PROJECT DESCRIPTION
The project description responds to the objectives of the project. We believe that our methodology
will produce a meaningful, cost effective and responsive plan for the City of Columbia Heights. The
project consists of the following four phases:
Phase I:
Phase II:
Issue Identification/Community Goals/ Articulation of Public Purpose
Preliminary Concept Plan Development / AffIrmation of Community Goals and
Public Purpose / Establishment of Design Principles
Evaluation of Alternatives
Implementation of Preferred Alternative
Phase III:
Phase IV:
Redevelopment Advisory Committee meetings and City Council updates will take place at
regular intervals throughout the project. Financial feasibility analysis, and communications
activities will also occur during all stages. DSU will work with the City staff and other
specialized legal and fInancial consultants through the course of tJ:-Iis work.
PHASE I:
ISSUE IDENTIFICATION/COMMUNITY GOALS/ARTICULATION OF
PUBLIC PURPOSE
An important initial step in Phase I will be the establishment of a Redevelopment Advisory
Committee to act as an advisory group to the project' and ensure effective communications
between interested parties. Another early component to the project is the adoption of a
~()lIl1l1unication~ plan. A plamllng analysis will be undertaken that focuses on existing conditions
in the project area in terms of land use, transportation, public services, natural systems,
-111ffastfucru:re~-plan:s aria-fe galatory-controls-;----------------------------------- --- --------------
Task 101: Project Initiation Meeting.
The primary purpose oftpis meeting is to address administrative a..nd coordination concerns
related to carrying out this planning effort:
. ConfIrm project goals and objectives
.. Refine the project description
Q Clarify contractual interpretation
. Review individuals' roles and responsibilities
r1'" 1 hi ,.. Jl -r. 1 1 A -1 . r-1 . ..3
. Lonnrm memoers p or me KeaevelOpment uViSory \""0lY111llttee, allu
. Establish a project schedule and a basis for all participants to work together to ensure a
successful proj ect.
The project initiation meeting will be held with the Community Development Director and other
staff members and consultants, as needed.
End Product: A clear understanding of project parameters and process by all parties.
P.166
Mr. Bob Streetar
September 28, 2005
Page 3
Task 102:
Analysis of Existing Conditions and Development Pattern, Review of
Existing Studies and Reguiator)T Controls
Existing land use, transportation, public facilities, natural systems, infrastructure, plans and
regulatory controls will be analyzed for the area surrounding the Subject Property site. This task
will also include a visual assessment of the Study Area and the identification of opportunities to
both create positive views and strengthen and reinforce existing, positive views and images
End Product: Base maps of the project area and a memorandum summarizing the existing site
conditions in the project area, and relevant planning issues and policies.
Task 103: Conduct Market Analysis to Determine Redevelopment Potential
An examination of the site's location, surrounding land uses, and conditions will be conducted.
Potential market areas and market conditions for different types of uses at the site, including, but
not limited to, residential, commercial office and retail will be identified.
End Product: A recommended mix of uses that optimizes use of the space, recognizes potential
synergies that may occur through a mix of uses, and is sensitive to the City's policies for project
financing.
Task 104: Synthesis of Tasks 101-103
A synthesis of the analysis conducted in Phase I will be produced that objectively highlights the
opportunities and constraints existing in the project area.
End Product: A summary memorandum describing the opportunities and constraints of the
project area.
Task 105: Redevelopment Advisory Committee Meeting - Issue Identification and
Prioritization, Evaluation of Phase I Findings
The consultants will facilitate a workshop that will begin by having the participants identify and
prioritize the issues that will affect this project. This will be followed by a presentation to the
Development Advisory Committee of the Phase 1 fmdings. The session will conclude with some
visioning exercises intended to support the establishment of a project vision statement.
End Product: A prioritized list of project issues and an update to the Redevelopment Advisory
Committee outlining the key findings of Phase 1, as well as a Project Vision Statement to guide
the remainder of the project.
Task 106: Presentation to the Planning Commission and City Council
A presentation will be made to the Planning Commission and the City Council of Phase 1
[mdings. The Commission and Council members will also participate in issue identification and
visioning exercises that will be compared to those completed by the Advisory Committee.
End Product: A report to the Planning Commission and City Council outlining the key findings
of Phase 1 and articulating the Community's vision for the redevelopment of the Study Area.
P.167
Mr. Bob Streetar
September 28, 2005
Page 4
PP.tASE 11: PRELI1VIINARY CONCEPT PLAr~ DEVELOPNiEr"'JT, AFFIRIVL4-.TION OF
COMMUNITY GOALS AND PUBLIC PURPOSE, STATEMENT OF
GUIDING DESIGN PRINCIPLES
In Phase II a number of concept plans for redevelopment will be developed and presented to a
community forum for input and refInement. SpecifIc tasks in Phase II will include:
Task 201: Preliminary Goals and Objectives, Vision Statement
The consultant will prepare a preliminary set of goals and objectives, as well as a vision
statement, based on all of the input received to date. These goals and vi"sion statement will be
presented to the Advisory Committee, Planning Commission and City Council and will be
discussed, but they will not be fmalized pending the results of Task 202.
Task 202: Community Open House/Issues Forum
A public workshop will provide a forum. to involve local residents and other stal(eholders in a
meaningful dialogue about the future ofthe Subject Property. The primary intent of the
workshop is allow stakeholders to identify and rank issues and share their concerns, as well as
their hopes and aspirations about the future of the Study Area. The exercises that will be
conducted will not be identical to those conducted by the Advisory Committee, Planning
Commission and City Council, but they will determine if the community representatives and
elected and appointed officials view the area and its opportunities and constraints similarly.
Task 203: Development of Concept Plans
A workshop will be held with all consultants involved in the project in order to work through the
___results_ofthe_Ehaselanalys_es_and_forl11ulatl;Lc_o-DcepLnlfID...s_fQ1:J:_eJ:leYelQPlr.te!lLQf:fu~QIQj_~l::!::l:E~~:_
End Product: A number of schematic redevelopment plans for the project area. These concept
plans will include schematic depictions of potential land use and development patterns, open
space systems, building types and placement, pedestrian improvements, transit facilities,
development alternatives for the Subject Property, potential use mixes, amenities, streetscape
elements, and housing options. The concept plans will also provide the general outlines of
necessary changes to regulatory controls, available funding options, potential design standards
and guidelines, and promotional strategies.
End Product: Broad-based community awareness or the priority of issues and objectives,
community involvement in the planning and design process, and concept plans responsive to the
community's goals and vision statement.
PHASE ill: EVALUATION OF ALTERNATIVES
Phase III will be used to select a preferred option from the concept plans for redevelopment
fonTIulated and refmed during Phase II. SpecifIc tasks in Phase III will include:
P.168
Mr. Bob Streetar
September 28, 2005
Page 5
Task 301: Redevelopment Advisory Committee Workshop to Evaluate Concept Plans
and Recommend a Preferred Option/Communit-j Open Honse
The Consultant will present all of the development concepts to the Redevelopment Advisory
Committee. The Committee will review and discuss the alternatives and then host a community
open house. During this open house, community members will be invited to share their opinions
about the various alternatives and identify their preferred alternative. Following this open house,
the Advisory Committee will reconvene and develop a recommendation to the City Council of
the preferred option.
End Product: Development of a recommendation of a preferred concept redevelopment plan by
the Consultant and summary of review comments by the Redevelopment Advisory Committee.
Task 302: Presentation to City Council of Preferred Concept Redevelopment Plan
A presentation will be made to City Council of the recOlmnended concept redevelopment plan
and the Redevelopment Advisory Committee's recommended preferred option.
End Product: Endorsement by City Council of the preferred concept redevelopment plan that
will be further refined into the final redevelopment master plan.
Task 303: Preparation of a Technical Memorandum of Key Planning Issues
A working memorandum will be prepared summarizing key elements of the redevelopment
process. These may include necessary changes to the Comprehensive Plan, necessary changes to
the zoning map and related city ordinances, capital improvements funding needs and strategies
(streetscape, stonnwater management), development fmancing issues, design standards and
guidelines, and promotional strategies.
End Product: A technical memorandum detailing key aspects of the redevelopment master
planning process to be presented to the Planning Commission and City Council.
Task 304: Redevelopment Advisory Committee Meeting - Evaluation of Technical
rnemorandum
The memorandum will be presented to the Redevelopment Advisory Committee for evaluation
and referral to City Council.
End Product: Referral to City Council by Redevelopment Advisory Committee of working
memoranda of key redevelopment elements
Task 305: Planning Commission and City Council Review and Approval of Technical
Memorandum
The memorandum will be presented to the Planning Commission and City Council for review
and approval.
End Product: Approval by City Council of key elements of the eventual redevelopment master
plan.
P.169
Mr. Bob Streetar
September 28, 2005
Page 6
PH-ASE PI: IIVIPLEl'dENTATION
In Phase IV, the fmal, approved Redevelopment Plan will be presented to the public. The
consultant will prepare a detailed implementation strategy that will include as necessary
comprehensive plan amendment, zoning changes, the preparation and adoption of design
standards. It will also suggest an approach to developer selection
Task 401: Public Open House
The fmal redevelopment master plan will be presented to the public at an open house.
End Product: Communication of the intent, goals, and specific components of the final
redevelopment plan to the public at large so that it can view the results of the combined efforts of
the community, the consultants and the City.
ALL PHASE ACTrVlTIES
The following activities will take place throughout the planning process:
Task 501: Project Communications
Ongoing, effective project communications will be critical to the success of the redevelopment
master planning process. Project communications will begin with the development of a
communications plan that will identify the critical communications issues, audiences and
messages and ongoing strategies to successfully address communications needs.
Communications products will include Q&A newsletters to community members and other
-... ...-. - ...--stakehGldel's-at...criticaLpoints-inthe--project.-The-pIOject_Iea.rn..-wllLhQld_r.egularlY_~Qh~d:l,lkd.
meetings to monitor and ensure progress throughout the process. Individual members orthe team
may be caned upon to prepare portions of the project communications materials at given points
within the process.
End Product: A communications plan developed in coordination with City staff and officials will
layout a blueprint for effective ongoing communications during the redevelopment master
planning process. Q&A newsletters will be developed at critical points in the project to answer
critical questions, forecast key messages, provide updates and keep the public and other critical
audiences informed and involved
ARTICLE 2: COST OF SERVICES
The cost of DSU's services will be billed to you monthly for the work completed during the
previous month on a time plus materials basis according to the attached Standard Rate Schedule.
We estimate and agree the cost of our services will not exceed $50,000 plus reimbursable
expenses.
Work will be performed in accordance with the hourly rates shown on the attached Standard
Rate Sheet.
P.170
Mr. Bob Streetar
September 28, 2005
Page 7
ARTICLE 3: REIlV1LHURSABLE EY:...PENSES
DSU will be reimbursed for all direct expenses relating to the professional services described
above according to the attached Standard Rate Schedule. These expenses may include drafting
and art supplies,. mileage, postage, delivery charges, photography and reproduction charges, fax,
long distance phone, and other typical and normal expenses associated with this type of planning
work. Any unusual or large expenses yvill be approved in advance:
ARTICLE 4: ADDITIONAL SERVICES
The following services are not included in our base proposal and will be considered additional
services if authorized by the Client. The fees may be adjusted by means of a supplementary
agreement to this contract.
. Additional meetings beyond those outlined in the work progrful1.
. Any other services provided beyond those outlined in the basic scope of services.
The client can request that we provide additional services in the form of meetings, presentations,
detailed plans, additional conceptual plans, submittal preparation, neighborhood meetings,
construction drawings for landscape features, sign design, specialty feature design, lighting,
marketing plans, prospective sketches, photography, etc. The cost of these services will be on a
time plus materials basis or as negotiated with the client.
ARTICLE 5: TERMINATION
Either Client or DSU may terminate this Agreement upon seven days written notice;
Iftelminated, Client agrees to pay DSU for all Basic and Additional Services rendered and
Reimbursable Expenses incurred up to the date of termination. .
Upon not less than seven days' written notice, DSU may suspend the perfonnance of its services
if Client fails to pay DSU in full for services rendered or expenses incurred. DSU shall have no
liability because of such suspension of service or termination due to nonpayment.
ARTICLE 6: .DISPUTE RESOLUTION
Client and DSU agree to mediate claims or disputes arising out of or relating to this Agreement
as a condition precedent to litigation. The mediation shall be conducted by an appropriate
mediation service acceptable to the parties. A demand for mediation shall be made within a
reasonable time after a claim or dispute arises and the parties agree to participate in mediation in
good faith. Mediation fees shall be shared equally. In no event shall any demand for mediation
be made after such claim or dispute would be ban'ed by the applicable law.
P.171
Mr. Bob Streetar
September 28, 2005
Page 8
ARTICLE 7: OWNERSHIP OF DOCUMENTS
All instruments of professional service prepared by DSU, including, but not limited to, drawings
and specifications, are the property of Client, and these documents shall not be reused on other
projects without DSU's written permission. Client or others cannot use DSU's documents to
complete this Project with others unless DSU is found to have materially breached this
Agreement. Documents may not be sold or otherwise transferred to anyone.
Upon completion of the work, the DSU shall deliver to the Client one paper copy and one
electronic copy of the plans and specification pertaining to the work, for future reference, such as
maintenance or any future changes in design that might require construction or excavation, if
applicable.
DSU reserves the light to include representations of the Project in its promotional and
professional materials.
ARTICLE 8: GOVERNING LAW
This Agreement is governed by the law of the state in which the Project is located.
ARTICLE 9: ENTIRE AGREEMENT AND SEVERABILITY
This Agreement is the entire and integrated agreement between Client and DSU and supersedes
all prior negotiations, statements or agreements, either written or oral. This Agreement may be
amended only by wTitten instrument signed by both Client and DSU.
In the event that any term or provision of this agreement is found to be void, or
unenforceable for any reason, that term or provision shall be deemed to be stricken from. Lllls
agreement, and the balai1.ce of tl-tis agreem.ent shall sunrive fu'1d remain enforceable.
ARTICLE 10: NO ASSIGNMENT
Neither party can assign this Agreement without the other party's written permission.
Notwithstanding any other term in this Agreement, DSU shall not control or be responsible for
another's means, methods, techniques, schedules, sequences or procedures, or for construction
safety or any other related programs, if applicable, or for another's failure to complete the work
in accordance with the plans and specifications.
Construction-phase services, if applicable, will be provided to determine the general progress of
the work, but vvill not include supervision of the contractors, or of their means, methods,
techniques, schedules, sequences or procedures, or for construction safety or any other related
programs. DSU maintains the right but not the duty to recommend that Client reject work that
does not appear to confonn generally to the plans and specifications. DSU shall not have any
liability for recommendations made in good faith.
P.172
Mr. Bob Streetar
September 28, 2005
Page 9
If construction-phase payment certification services are included in this agreement, such
certifications for payment shall be a representation to the Client that, to the best of DSU's
knowledge, information and belief, the work has progressed to approximately the point
indicated. Such certification shall be subject to any noted qualifications by DSU and shall not be
a representation that DSU has supervised the work, reviewed means, methods, techniques,
schedules, sequences or procedures, or for construction safety or any other related programs of
the contractors, or that DSU has reviewed how or for what purpose the contractor has used or
intends to use the contract funds.
ARTICLE 11: WAIVERS OF CONSEQUENTIAL DAMAGES
In addition, Client and DSU waive all claims against each other to the extent covered by any
applicable insurance during design or construction.
ARTICLE 12: CLIENT'S RESPONSmILITY FOR MAINTENANCE
Client acknowledges and agrees that proper Project maintenance is required after the Project is
complete. A lack of or improper maintenance in areas such as, but not limited to, may result in
damage to propeliy or persons. Client nuiher acknowledges that, as between the parties to this
Agreement, Client is solely responsible for the results of any lack of or improper maintenance.
ARTICLE 13: NO THIRD PARTY BENEFICIARIES
Nothing in this agreement is intended to create a contractual relationship for the benefit of any
third party. There are no intended beneficiaries ofthis agreement except DSU and Client.
If this agreement meets with your approval, please sign both copies and return one to us for our
records.
CONDITIONS HEREIN AGREED TO:
DAHLGEN, SHARDLOW AND UBAN, INC.
_-====_ _ ,===._ _~_~_. ~....n:=====--====----==
Jolm W. Shardlow, AICP, President
~~~~====--u====::r.:==--"'--=:>:I:n~.....======~-.::m
C. John Uban, ASLA, CEO
City of Columbia Heights
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By: Mr. Gary Peterson, Mayor
Attachments: Standard Rate Sheet, Billing Policy
P.173
DAHLGREN, SHARDLOW AND UBAN, INC.
STANDARD RATE SCHEDULE
2005
STAFF MEMBER RATE
Principal $150.00 to $200.00
Market Analyst $75.00 to $125.00
GIS Specialist $60.00 to $85.00
GIS Technician $45.00 to $65.00
Senior Planner $55.00 to $115.00
Planner $40.00 to $80.00
Landscape Architect $55.00 to $120.00
CADD Specialist $50.00 to $75.00
Draftsperson/Designer $40.00 to $85.00
Administrative Accountant $40.00 to $65.00
Administrative Assistant $40.00 to $60.00
Outside Consultants Cm:;t Plus s%
Expenses
Cost Plus 15%
Mileage
$0.485 Per Mile
Travel Time Over 1 Hour
1/2 Hourly Rate
Expert Testimony
Two Times Hourly Rate
(4 hour minimum)
Special Counsel Howard
Dahlgren
$200.00
Past Due Accounts
1.5% Per Month
H:\Projects\ProjectsIHeritage Heights NeighborhoodlDSU pP.17 4Draft Contract 9--27-2005. doc
INCORPORATED
BILLING POLICY STATEMENT
We are pleased to have the opportunity to provide professional services to you. With this Statement, we hope
to avoid confusion or misunderstanding by explaining how and when we bill for these services.
Usually, we bill for our services in a range of hourly rates. The appropriate rate is dependent upon a variety of
factors, such as the type of work involved, the level of expertise required, the experience of the individuals
involved, and the magnitude of the project. Our rates are subject to modification from time to time.
We will provide you with a monthly invoice that summarizes the professional services that we have provided
and other related charges. Payment is due net 30 days. If payment is not received during that time, it is our
policy that finance charges of 1.5% will begin to accrue. If you have any questions or concerns about the
statement, we encourage you to immediately contact the Project Manager or the Billing Department (612/312-
2139). If you prefer, you may also contact either C. John Uban or John Shardlow directly.
Reimbursable costs incurred on your behalf will also appear on your monthly invoice. Reimbursable costs
include, but are not limited to, such items as mileage, parking, long distance telephone charges, drafting and art
supplies, postage and messenger services, facsimile charges, photography and copying charges, airfare and
lodging, data acquisition, as well as any authorized outside services. These charges will appear separately on
the invoice and also have the same payment terms as stated above: Any unusual Or largeexpens8s will be
If payment is not received within 30 days after you receive your invoice, your account will be considered
delinquent. In the event your account becomes delinquent, you should contact us without delay and we will
make every effort to reach mutually agreeable payment terms. If however, we are unable to do so, we reserve
the right to cease working on your project until your account is current, or terminate our agreement. We will
then take such collection steps as we may deem appropliate under the circumstances. Costs incurred to collect
overdue accounts will become the responsibility of the client.
We are very pleased to be working with you and we appreciate the confidence you have placed in us. We will
make every reasonable effort to achieve successful results for you and we look forward to a continued good
relationship.
P.175