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Home My WebLink AboutOctober 24, 2005 Regular CITY OF COLUMBIA HEIGHTS ADMINISTRA nON fr[al'or Gary L. Petersoll COllllcilmembers Robert A. Williams Bruce Nawrocki Tam11lera Ericsoll Die/ull Bruce Ke1zellberg CifJ'MallaJ!er Walter R. Fehst 590 40th Avenue N.E., Columbia Heights. MN 5542 l -3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www.ci.colu/llbia-heights./Illl.us The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, October 24, 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. Auxiliaty 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 an"angements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Greg Loper, Christlife Evangelical Church, will give the invocation. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention ofthe Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4~ PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations - none B) Presentations - none C) Introduction of New Employees 1) Sue Sartwell, Accounting Clerk II-Finance D) Recognition - none 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as pati of the Consent Agenda by one motion. Items removed ii-om consent agenda approval w111 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 October 10, 2005 regular City Council meeting P5 MOTION: Move to approve the minutes of the October 10, 2005 regular City Council meeting as presented. 2) Accept Boards and Conunissions Meeting Minutes a) MOTION: Accept minutes ofthe August 24,2005 Park and Recreation Commission meeting. P18 3) Adopt Resolution No. 2005-64 being a Resolution ceriifying Petition and Waiver Assessments for Private Water Services P21 MOTION: Move to waive the reading of Resolution 2005-64, there being ample copies available to the public. MOTION: Move to adopt Resolution 2005-64, being a resolution to celiify petition and waiver assessments to Anoka County for collection with the nrooeliv taxes. THE CITY OF COLUMBIA HEIGHTS DOES NOT DI!!;CRIMINATE ON THE BASIS OF DISA'sIUTY IN ~MPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER City Council Agenda October 24, 2005 Page 2 of 4 4) Ado?t Resolution No. 2005-61, being a Resolution to approve application to MN DEED for contamination cleanup grant for Phase III of the Industrial Park. P25 MOTION: Move to waive the reading of Resolution No. 2005-61, there being ample copies available to the public. MOTION: Move to adopt Resolution 2005-61, being a Resolution to approve application to the MN Department of Employment and Economic Development for a Contamination Clean Up Grant and cOlmnitment of local match. 5) Adopt Resolution No. 2005-62, being a Resolution to approve application to MN DEED for contamination investigation and RAP Development Grant Ap?lication for 39th and Central P28 MOTION: Move to waive the reading of Resolution No. 2005-62, there being ample copies available to the public. MOTION: Move to Adopt Resolution 2005-62, being a Resolution to approve application to the MN Depmiment of Employment and Economic Development for Contamination Investigation and RAP Development Grant Application and cOlmnitment of local match. 6) Adopt Resolution No. 2005-63, being a Resolution authorizing application to the Met Council for Tax Base Revitalization Account (TBRA) funding for Phase III ofthe Industtial Park. P31 MOTION: Move to waive the reading of Resolution No. 2005-63, there being ample copies available to the public. Motion: Move to adopt Resolution 2005-63, being a Resolution authorizing application to the Metropolitan Council for a Tax Base Revitalization Account (TBRA) Funding and cOlmnitment of local match. 7) Approve the items listed for rental housing license applications for October 24, 2005 P 3 3 MOTION: Move to approve the items listed for rental housing license applications for October 24, 2005 as they have met the requirements of the Housing Maintenance Code. 8) Approve Business License Applications P36 I\10TIOl'-J: l'v1ove to approve the itelTIS as listed 011 the busllless license agenda for October 24,2005 as presented (regarding the new licenses for 2006 and the renewals for 2005). 9) Approve Payment of Bills P38 MOTION: Move to approve payment of the bills out ofthe proper funds as listed in the attached check register covering Check Number 114583 through 114742 in the amount of$I,005,104.73. 6. PUBLIC HEARINGS A) Adopt Resolution No. 2005-65 being a Resolution for Abatement at 4315,4317,4321 5th Street NE p46 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2005-65 there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-65, a resolution ofthe City Council of the City of Columbia Heights declming the propeliy at 4315,4317,4321 5th Street NE, PIN NO. 35-30-24-21-0165 a nuisance and approving the abatement of violations from the property pursuant to City Code, Chapter 8, AIiicle II, Sections 8.201 thru 8.207 City Council Agenda October 24, 2005 Page 3 of 4 B) Adopt Resolution No. 2005-66 being a Resolution for Rental Housing License Revocation at 1213 Cheery Lane NE P 4 9 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2005-66, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-66, a resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by Ryan Foltz regarding rental property at 1213 Cheery Lane NE. C) Adopt Resolution No. 2005-67 being a Resolution for Rental Housing License Revocation at 4643 ih Street NE. P52 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2005-67, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-67, a resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by Ahmed Abdullahi regarding rental property at 4643 ih Street NE. 7. ITEMS FOR CONSIDERATION A) Other Business 1) Approval of Sarna's Addition Preliminary Plat. 10 foot :li-ont yard setback valiance and sign variance - Case #2005-1001 P55 MOTION: Move to approve the Sarna's Addition preliminary plat, subject to the 21 stated conditions as approved by the Planning Commission. MOTION: Move to approve the 10-foot front yard setback variance for hard surface parking for Sarna's Addition. MOTION: Move to approve the 8-foot height variance and the 35 square foot al'ea Valiance for the monument sign for Sarna's Addition. 2) Approve installation of a "Four way" stop sign on Lincoln TelTace and Fillmore Street P79 :MOTION: ~/Iove to recoIT'.J.nend the City Council authorize installation of four way stop signs on Lincoln TelTace and Fillmore Street based on the configuration of the intersection and the alnount of pedestrian traffic generated by the nearby schools based on a recOlllinendation of the Traffic COlllillission. (StaffrecOlllinended) ALTERNATE MOTION: Move to recommend the City Council deny installation of stop signs on Lincoln Ten'ace and Fillmore Street. B) Other Ordinances and Resolutions 1) Second Reading of Ordinance No. 1499. Vacating a portion of 45th Avenue NE p84 MOTION: Move to waive the reading of Ordinance No. 1499, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1499, being an ordinance vacating a portion of 45th Avenue NE. City Council Agenda October 24, 2005 Page 4 of 4 2) Second Reading of Ordinance No. 1500, Vacation a Portion of Lookout Place P90 MOTION: Move to table the second reading of Ordinance No. 1500, vacating a pOliion of Lookout Place until Monday, November 14, 2005 at approximately 7:00 p.m. in the City Council Chambers. C) Bid Considerations -none 8. ADMINISTRATIVE REPORTS A) RepOli of the City Manager B) Report ofthe City Attomey 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their COlmnents to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT LM/pvm OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING OCTOBER 10, 2005 .f;-A-I THESE "MINUTES HAVE ~OT BEEl'''~ APPROVED!! The following are the minutes for the regular meeting of the City Council 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. CALL TO ORDERJROLL CALL/INVOCATION Present: Mayor Gary Peterson, Councilmember Robert A. Williams, Councilmember Bruce Nawrocki, Councilmember Tammera Ericson Diehm, Councilmember Bruce Kelzenberg. Father Al BackmmID, Immaculate Conception Church, gave the Invocation. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested that discussion of the 2006 Budget and signage be added. Peterson placed them under Other Business, items 3 and 4. Peterson spoke on the passing of Anthony Maciaszek, 88 year life long resident, on October 8th. He listed details ofthe Maciaszek service and read his accomplishments fi.'om the devotional card. Nawrocki spoke in remembrance of his long relationship with Mr. Maciaszek. Peterson stated the Sister City luncheon and meeting tomorrow would be rescheduled so members could attend services for their fellow cOlmnittee member. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclmnations Mayor Peterson read the Polish American Heritage Month Proclamation. Peterson invited the Sister Cities members present to accept the Proclamation and to speak of their trip to our Sister City in Lomianki, Poland. Dolores Strand thm1k:ed him for the Proclamation and introduced members present. Dorothy Penate spoke of the distribution of 240 wheelchairs to the LOll1ianki and '.tVarsaw areas. Marie Pryzynski spoke of the memorial ceremony for the American plane that was shot down over Lomianki, with survivors being executed. She stated that Mayor Peterson's speech "did us proud". Gloria Bergstrom spoke of the visit to the Senior Center and their generosity, and stated that we were treated like royalty. She stated that she has learned a new meaning offi.-eedom and democracy. Pat Sowada spoke of the visit to the schools and the library, and the hospitality of Mayor Lucian Sokolowski. Ed Carlson, who was Mayor when this relationship was fonned, spoke of his pride for the long relationship with our Sister City. Walter Logacz, honormy citizen of Lomianki, thanked Dolores Strand for her efforts which hold this cOlmnittee together and her initiative for the Sister City Committee to raise funds for the 240 wheelchairs. Weare the only cOlmnunity of our size to be able to raise the needed funds without corporate sponsorship. Logacz stated that Strand was honored with LOlnp. Ski's highest community award, the Falcon; one of six City Council Minutes October 10, 2005 Page 2 of 13 .people to receive this and the only non-Pole to received the award. He thanked the Mayor and Councilmember Williams for making this tlip to assure our commitment to this relationship. He indicated that Lech Walesa will be in the Twin Cities in November and Strand is working to bling him to Columbia Heights. Dolores Strand cOlmnended Patty Muscovitz for her planning of the trip. Strand showed the Falcon award and certificate received. Wally Logacz stated that all members of the group paid for the trip at their own expense. Peterson stated that we are very proud of Dolores Strand and her accomplishments. He spoke of having dinner in the home of Lomianki Sister City members Hellena and Stasch Fabcheck. He indicated that everyone had a marvelous tlip, gaining friends there and making friends with those we traveled with. Miscellaneous Peterson indicated that Make A Difference Day would be October 22,2005. The Rising to New Heights Committee will be involved and recognize those that participate. Peterson listed possible projects and indicated those interested could contact Carole Blowers at City Hall. Peterson read a letter of commendation fl.'om Police Chief Tom Johnson to L'1vestigator Matt Markum. This is just one case of the wonderful work our public service officials do for our city. CONSENT AGENDA City Manager Walt Fehst tookCouncihnembers through the consent agenda items. 1) Approve City Council Meeting Minutes for September 12, 2005 regular City Council meeting Motion to approve the minutes of the September 12, 2005 regular City Council meeting as presented. 2) Approve City Council Meeting Minutes for September 26, 2005 regular City Council meeting Motion to approve the minutes of the September 26, 2005 regular City COlmcil meeting as presented. 3) Accept Boards and Commissions Meeting Minutes a) Motion to accept the September 6, 2005 minutes ofthe Public Librmy Board. b) Motion to accept the October 4, 2005 minutes of the Planning and Zoning COlmnission. c) Motion to accept the August 29,2005 IDinutes ofthe Traffic Commission. d) Motion to accept the October 4, 2005 minutes of the Traffic Commission. 4) Establish Executive Work Session for labor contract negotiations - Mon. Oct. 24, '05 at 6:30 p.m. Removed 5) AuthOlize the transfer of funds to Police budget to reimburse ovedime fund Motion 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 I1mnaculate 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 celiifying delinquent utility and miscellaneous chm'ges for collection with property taxes payable in 2006. Motion to waive the reading of Resolution No. 2005-54, there being ample copies available to the public. Motion to adopt Resolution No. 2005-54, bei.....n a Resolution to celiify delinquent utility and P.6 City Council Minutes October 10, 2005 Page 3 of 13 miscellaneous charges to Anoka County for collection with the propeliy taxes payable in 2006. RESOLUTION NO. 2005-54 CERTIFICATION 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 delinqurnt 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. 7) Adopt Resolution 2005-55, being a resolution allowing extension of the lot split at 1600 41 st A venue/4050 Tyler Street - Removed F ehst stated that the extension is no longer required. 8) Approve Business License Applications Motion to approve the items as listed on the business license agenda for October 10, 2005 as presented. 9) 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 114464 through 114582 in the amount of$1,269,276.80. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items, with the exception of #4 and #7. Upon vote: All ayes. rvIotion carried. Establish Executive V/ork Session for labor contract negotiations - Mon. Oct. 24, '05 at 6:30 p.m. Nawrocki stated that beginning at 6:30 p.m. was a problem for him. An executive work session should be recessed to dUling a regular meeting. Jim Hoeft, City Attomey, stated there is no action taken in an executive session. If action were necessary, it would be brought to the next regular meeting. The topic can be indicated at the next regular Council meeting. Motion by Ericson Diehm, second by Williams, 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. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. PUBLIC HEARINGS A) Adopt Resolution No. 2005-56 approving revocation oHhe rental housing license for 4125 2nd Street Nawrocki stated his understanding that the fIrst step was to schedule the hearing. Fire Chief Gary Gonnan stated that step was eliminated last June when Council passed the inspection policy in an effort to shOlien the process. Nawrocki requested a copy of the infonnation. Gonnan stated these properties are under the new policy, which allows owners 45 days to fIle the application, pay the fee, and have the propeliy inspected. Gonnan indicat<P.7he owner of the propeliies for the fIrst three City Council Minutes October 10, 2005 Page 4 of 13 hearings has complet~d all requirements except the inspections. He suggested upholding the resolutions with a three week grace period. Motion by Williams, second by Kelzenberg to close the public hearing and to waive the reading of Resolution No.2005-56 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-56, resolution ofthe 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 Kollasch regarding rental property at 4125 2nd Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-56 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.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 4125 2nd Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, 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 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 violations of the City's Residential Maintenance Code 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 5A, AIiicle 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; 3. All tenants shall remove themselves from the premises within 60 days from the frrst day of posting of this Order revoking the license as held by License Holder. B) Adopt Resolution No. 2005-57 approving revocation ofthe rental housing license for 4645 Washington Street Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2005-57, there being ample copies available to the public. Nawrocki questioned the 30 day time period. Gonnan stated it is now 45 days to complete the application, fee payment, and inspection. Hoeft stated that the Fire Chief would work with the owner to see that the inspections are completed and then the revocation would not go forward. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to aP. ~)t Resolution No. 2005-57, Resolution ofthe City City Council Minutes October 10, 2005 Page 5 of 13 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 Kollasch regarding rental property at 4645 Washington Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-57 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(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 4645 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 propeIi'j records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to correct 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). ORDEROFCOUNClL 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; 3. All tenants shall remove themselves from the premises within 60 days from the fIrst day of posting of this Order revoking the license as held by License Holder. C) Adopt Resolution No. 2005-58 approving revocation ofllie rental housing license for 4644 Washington Street Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No.2005- there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-58, a Resolution ofthe 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 Kollasch regarding rental property at 4644 Washington Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-58 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.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, Section5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was givetp"gthe License Holder on September 19,2005 of an public hearing to be held on October 10, 2005. . City Council Minutes October 10, 2005 Page 6 of 13 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 letterrequesting the new owner of the property to license the rental property. The letter wa.<; 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 violations of the City's Residential Maintenance Code were fOlmd 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 5A, Article ill 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 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; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. D) Adopt Resolution No. 2005-59 approving revocation ofthe rental housing license tor 4600 4th St. Gorman stated that he has not heard from this owner. Motion by Ericson Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution No.2005-59, there being ample copies available to the public. Upon vote: All ayes. Motion carried. IVlotion by Ericson Diehm, second by Williams, to adopt Resolution No. 2005-59, a Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) ofthe rental license held by Larry Wakeman regarding rental property at 4600 4th Street NE. Upon vote: All ayes. Motion carded. 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 5AA08(A) 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, 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 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 following conditions and violations of the City's Residential Maintenance Code 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. P.10 City Council Minutes October 10, 2005 Page 7 of 13 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 this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the fITst day of posting oftbis Order revoking the license as held by License Holder. 5. Adopt Resolution No. 2005-60 approving revocation ofthe rental housing license for 4515-17 Fillmore St. Gonnan stated this is due to failure to comply. Motion by Williams, second by Kelzenberg, to close the public healing and to waive the reading of Resolution No.2005-60, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-60, a Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by Troy Mlenar Regarding Rental Property at 4515-17 Fillmore Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-60 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that 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 ordi.,ifuices ~md regulations of the City of Columbia Heights, the City Council of the Cit'j 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 violations of the City's Residential Maintenance Code 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 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 F6846 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions P.ll City Council Minutes October 10, 2005 Page 8 of 13 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 Motion by Ericson Diehm, second by Williams, to waive the reading of Ordinance No. 1498, there being ample copies available to the public. Nawrocki asked the amount ofland i..llvolved. Fehst stated about one acre. Nawrocb stated this would be about $1 per square foot and the consultant gave a land value of $7 to $15 per square foot, not including additional property to be added. We should receive a fair value on the land. Ericson Diehm stated the report from Ehlers indicated restaurants would pay $7-15 per foot; not necessarily at this site. We have tried to market this property unsuccessfully in the past and should consider this, along with work needed on the property. Fehst stated there would be an additional $75,000 work required to bury lines, etc. In previously working with other developers, this is what was determined feasible. Nawrocki stated this would be two acres by the time the road is vacated. Upon vote: All Ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Ordinance No. 1498 being an Ordinance amending Ordinance No. 1490, authOlizing to convey certain real estate located at 3955 University Avenue and 3947 Lookout Place. Upon vote: Kelzenberg, aye; 'Williams, aye; Ericson Dielliu, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. rvIotion carried. 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, MN lying southwesterly of the 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 corner 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 corner; thence southwesterly to a point on the west line, said point being 10.0 feet southerly of the northwest corner and there terminate. Section 2: The Mayor and City Manager are herewith authorized to execute a deed 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. 2. First reading of Ordinance No. 1499, vacating a portion of 45th Avenue NE Jeff Sargent, City Planner, stated this request to vacate is to allow expansion of a garage and compliance with the set back requirement. The Planning and Zoning Commission held the public healing on July 6 and recommended approval, as this request is consistent with planning and zoning standards. Motion by Williams, second by Ericson Diehm, to waive the reading of Ordinance No. 1499 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by WillialTIs, second by Ericson Diehm, P. 12ltablish a second reading of Ordinance No. 1499, City Council Minutes October 10, 2005 Page 9 of 13 vacating a portion of 45th Avenue NE for Monday, October 24,2005 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. 3. First reading of Ordinance No. 1500, vacating a portion of Lookout Place Sargent indicated that James Sarna has requested approval of a Lookout Place light-of-way. He listed the property descliption. The second reading of this ordinance will not take place before plat approval. The Planning and Zoning COlmnission held the public heming on this request and recOlmnend approval, as it is consistent with planning and zoning standards. Ericson Diehm stated that this was discussed at the Planning and Zoning Cormnission meeting, which left the impression with the public that this item would not be considered for a while. She questioned if concerned residents were infonned this would be considered tonight. This would apply mostly to the preliminmy plat agenda item. Kelzenberg asked if Sargent knows why we have not heard from Comcast. Sm'gent stated this does take time and they have been infonned. Motion by Nawrocki to table the reading of Ordinance No. 1500. Motion died for lack of a second. rvIotion by Ericson Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1500, there being ample copies available to the public. Upon vote: An ayes. IvIotion carried. Motion by EIicson Diehm, second by Kelzenberg, 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 Chambers, with notification to be sent to concerned residents or this will be tabled at the second reading. Nawrocki stated this does not address the concerns of residents. Peterson stated that representatives of the restaurant and surrounding neighbors would be notified, EIicson Diehm stated this is the first reading of the Ordinance and agreed with tabling the preliminary plat. Residents will be giving the opportunity to speak at the meeting. Nawrocki disagreed. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes-l M'::I""(T l\JJn+1nn ....g......i&lrl .L.LU,J. J."...v................ --... ...---- Ericson Diehm stated there were questions raised that would be addressed by the Public Works Department. Sargent stated that obviously there was a misunderstanding and it would be appropriate to table the next item. Other Business 1. Approve Preliminmy Plat and three vaIiances for Sarna's Addition - Case #2005-1001 Motion by EIicson Diehm, second by Williams, to table the Sarna Addition Preliminary Plat, so all concerned parties may be notified. Upon vote: All ayes. Motion carried. 2. Approve agreement with Dahlgren, Shardlow and Uban - planning Heritage Heights area Fehst stated the work session request was to pursue an agreement for a redevelopment study of the Heritage Heights area. Fehst stated the history ofthis area, indicating items that were not completed in the first redevelopment attempt. He listed items to be considered by the plmmer, including establishing a cormnunity advisory cOlmnittee. Nawrocki asked who has reviewed this contlj?13nd how many bids were sought. Fehst stated the City City Council Minutes October 10, 2005 Page 10 of 13 Attomey and Community Development Director. This is the only agreement, as we have worked with this finn on several other projects. Nawrocki stated this contract is not worth $50,000 and that our Community Development depatiment should be able to do this work. Nawrocki commented that the City Manager could help instead of reading the newspaper at work. Fehst indicated that was city business. Discussion between Nawrocki and F ehst became personal and tempers flared. Peterson stated the need to discuss the behavioral items brought back fi-om the City of Hugo, Minnesota, at the next work session. Fehst agreed. Nawrocki stated that compensation in the COlmnunity Development Department is over $200,000 a year and we should use what we are paying for, especially when we do not get competitive proposals. Nawrocki questioned where the $50,000 would come from to pay the planner. Fehst stated the 420 account, which is for community development purposes. Fehst indicated it would be shortsighted not to consider the success of Dahlgren, Shat"dlow, and Uban to develop the best possible marketable plan. Fehst stated that in comparing our community to others by reading metro news clips, our accomplishments over the last three years, with limited staff, is remarkable. It would be shortsighted to not continue on the path of redevelopment. Ericson Diehm stated that we have an extremely talented COlmnunity Development staff. As elected officials we are to make good choices and spend money wisely. We have given staff direction as to our goals and would like an outside finn to give a report, upon heming from the community and staff. She stated that this is a top notch firm and she has confidence they will not just tell us what we want to hear, and they are fmniliar with our area. We have lemned that residents in the area feel that $50,000 is nothing compared to continually band-aiding the area's problems. Many on this Council have committed to the challenge and want to do it right. This is a great way to get us going. Jill Voelker, 4549 Taylor, and block captain in the area stated she is in favor of redevelopment, but we don't have time to wait as many people are leaving the neighborhood because of safety concems. Nawrocki began to speak regarding the City Manager's comments. point of order by Ericson Diehm. Navv'rocki stated that he is accused of being anti-staff, and that the Ma.llager has made spUlious remarks. Peterson indicated discussion should be relative to this business item. Peterson stated that four members of Council feel that staff is doing an excellent job, and Councihnember Nawrocki is entitled to his opinion, but requested he not make the remarks in this meeting. Peterson stated that our community is [mally standing out and moving ahead. Residents he speaks to want to move ahead and he does not understand these outbreaks at meetings. Nawrocki indicated that others were allowed to speak and go on and on. He stated that Streetar does an excellent job for the City. Councihnembers began to speak out oftum. Peterson indicated it was time to proceed with items on the agenda. Sm"gent spoke regarding the COlmnunity Development Department atld their redevelopment effOlis. Motion by Kelzenberg, second by Ericson Diehm, to approve an agreement between the City of Columbia Heights and Dahlgren, Shardlow, P:-l.:l 4Uban for planning of the Heritage Heights City Council Minutes October 10, 2005 Page II of 13 neighborhood; and flllihennore to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. 3. 2006 Budget Nav:rDcki stated that only a pa.rtial budget has been received fi-om the City Manager. All budget books were to be received by October ih. At the Library budget work session, numbers did not correspond. Only a power point presentation was given, with no paper copies available. Nawrocki referred to the draft budget infonnation for the newsletter as inadequate. He considers this non-progress. Nawrocki stated that the Manager has indicated budget discussion would only be on propeliy tax supported items. Lost state aid, increased water and sewer fees, and surplus funds should be discussed. He read from the City Charter section on taxation and finance, which does not indicate the budget is only for property tax funds. We, as a Council, do an inadequate job going over the proposed budget. Nawrocki indicated that the planning finn just approved are good consultants. But, in the past Councilmembers have interviewed prospective consultants. Unless you get price proposals, you do not know if you are getting the best value. Nawrocki stated that we have not indicated when we will adopt the budget. The budget work session set for the third Monday in November is on a date we agreed to not have meetings. The budget will probably be adopted at the Truth and Taxation meeting, but it should be at a regular council meeting where residents can get the infonnation by cable television. He stated the need to redo the newsletter article to be more complete. 4. Signage Nawrocki stated that we do a terrible job on signage control in the city. He indicated there was a cOlmnittee that worked on a sign ordinance, but it was delayed about five years. We put $5,000,000 into Central Avenue from 3ih to 43rd Avenues for aesthetics. Nawrocki pointed out the illegal signage at the donut shop on 50th and University that took two months to remove. They have put new signs on the building, have pylon signs, and a truck as an advertisement. Sargent stated that the Planning and Zoning COlllinission just discussed this and will address the policy during the winter months. There are design guidelines in place; but they do not cover temporary signage. The current sign ordinance is difficult to police. ADMINISTRATIVE REPORTS Report of the City Manager . The temporary sign violations have been discussed and are being pursued. This does take a cOlllinitment fi.'om Council. . The newsletter budget article will be altered and will including infonnation that water and sewer rates increased and garbage service decreased. The Finance Director is creating altemative articles. . Resents the inferences of Councilmember Nawrocki Peterson requested that questions ofthe City Manager be asked in a civil manner. Nawrocki stated he would appreciate ifthe Mayor and City Manager would be civil to him. He apologized for tit for tat responses. Nawrocki stated that Councilmembers should be notified when the City Manager will not be at the office. P.15 City Council Minutes October 10, 2005 Page 12 of 13 Peterson asked if Nawrocki had any questions for the City Manager. Nawrocki asked for infol111ation on the repair status of 4152 Cleveland Street. Nawrocki requested a complete financial worksheet on the industrial park. He has received infonnation on one clean up contract. Nawrocki questioned \vhat we are calling this project, as he has heard multiple names. Nawrocki requested a break down of building license fees, which are required by State law to be based on actual costs incurred. Nawrocki referred to an email fi.-om an attol11ey representing someone on 39th Avenue regarding contamination of the Quonset hut. Requested to see the response to this email. Nawrocki refen-ed to an email on contamination in the industrial park questioning if the contamination could be linked to the Shoreham Yard site_ Nawrocki stated, as recommended by a citizen in the community, the City Manager should list the items he will be working on for the coming month in his report. Peterson stated that Nawrocki's opinion is his opinion, not the opinion oft1.e rest of the City Council. Peterson indicated that these comments should have been made during Council Corner comments. Report of the City Attorney - none. CITIZENS FORUM Cliff Shedlow, 4630 Fillmore Street, a 42 year resident, stated that we have a wonderful library, street crew, city employees, city manager, police department, and fire department. Our paramedics are top in the world. He stated how nice it was to hear the Fire Chief compliment his men. The negative in the city is the City Council. COUNCIL COR1~ER Nawrocki e Tired of hearing he is negative to staff. Does not think the Manager is doing the job he should, and does not apologize for that. Basically, 'vve have a good work force in the city, but tbe City Manager does not always use them to the best advantage. Streetar does a good job, gives honest answers, and is cOlmnitted to the city, as are most other depaIiment people. It is not true that nothing has been done in this city for the last 30 years. This has been a community in progress. . The trees that were butchered by the power company on Main Street are on the State Aid system. We have an obligation to do something about these trees. Weare using State Aid money to build the lavish gateway; it is fair to use some ofthat money to replace the one-half dozen trees destroyed. Peterson asked if he would like to put those addresses into a motion. Motion by Nawrocki for the City Manager to bring a plan back to the City Council to replace the butchered trees along Main Street, of about six trees. Peterson called for a second on the motion. Motion died for lack of a second. Peterson stated this could be discussed at a work session. . Received a complaint about the schools in the shopping center on 415t and Central using the parking lot of Labelle for a playground. Fehst stated that we have looked into this and responded. . Was told the Planning Commission was asked to COlmnent on 2 a.m. closing of bars in our city. Ericson Diehm stated her recollection that this was referred to Planning and Zoning Commission and Police Chief Requested infonnation on when this was discussed. . Refen-ed to concel11S of past development with high density aI.eas becoming a problem, and concern with the high density plans for current devel? 16mt. City Council Minutes October] 0,2005 Page 13 of]3 . Reminder: October 15, second half prope1ty tax payments are due. Ericson Diehm . Fire Fighter Open House October 1: over 400 people attended, great event, donations were listed, and thanked those who attended. . October 3rd: 4.2 inches rain. This is between a 75 - 100 year flood event, and there were no repOlis of sanitary sewer backups. Tllis was a problem not that long ago. . Attended the Crestview Gala. Glad to support this organization. . On Saturday, attended the funeral for 8th grader, Mediha Sivic, who passed away. Offered prayers to the family and to the middle school. . This Friday is our high school's homecoming; support our school. . Saturday, October 15, there will be a Halloween event at Silverwood. . Values First: October - Values are non-violence, peace and conflict resolution. e We live in a democracy and have a representative fonn of government. Know a large number who watch these meetings feel helpless, as if not being represented. There is solution: it is "Rising to New Heights". The group is committed to tllis, as a great city with positive reinforcement. Hope people that are frustrated attend. We can change. Kelzenberg . Rick Anderson, Postmaster retired. Good luck to him. e Read Green Sheet article on Officer Piehn and the excellent police work he did to solve a case. Williams . No comment. Peterson . Objects to repetitive histOlY lessons and derogatory remarks about staff. Strives for happiness everyday, and promotes our community. Raises funds through raffling a 4x4 and hosting a holiday party. It is through hard work that funds are raised. Lions have also raised funds. Our community is a wonderful place to live. e Certain things are better discussed in private, but following the actions at this meeting read part of a letter fi'om Walker Elder Care regarding raising fees and abusive treatment by the HRA Chairman. e Have a wonderful week and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:35 pm. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretmy P.17 5 -A-)-a.. Park & Recreation Commission September 26, 2005 1 City of Columbia Heights Park and Recreation Commission August 24; 2005 Eileen Evans called the meeting to order at 6:35 p.m. ROLL CALL Members present: Eileen Evans; Tom Greenhalgh; Stan Hoium; David Payne; Gary Peterson; Marsha Stroik; Kevin McDonald; Keith Windschitl, Recreation Director; Kevin Hansen, Public Works Director/City Engineer Excused Absence: Jerry Foss Absent: None APPROVAL CONSENT AGENDA Motion to approve consent agenda by Stroik; second by McDonald. All ayes, motion carried. LETTERS AND REQUESTS None at this time. UPDATE ON COMPLIANCE OF P ARK WADING POOLS Public Works Director/City Engineer Hansen reported that the yearly inspection ofthe pools has been taken over from the state authorities to the county authorities. The citations from the 1996 inspection stated that oUT wading pools are not up to code. In the past minimal adjustments have been made to meet the state code in order to keep the wading pools operating and safe for the community. One day the McKenna Park wading pool did not pass the random county inspection because it had rained and the chlorine levels were off. The city received a large number of calls that day asking about the pool closure. It would cost an estimated $125,000 to reconstruct each pool and they are looking for lower cost options. SULLIVAN PARK IMPROVEMENTS Public Works Director/City Engineer Hansen spoke about Sullivan Park; the park improvements have been delayed due to lack of funding during the Huset Park Project. The City Council needs to review funding to decide what level of improvements to malce to the park. Sullivan Park has the second highest level of usage next to Huset Park and it also has the largest picnic shelter. The playground does not meet code. The concrete under the shelter is cracked. Also, the wood pergolas need to be replaced, maybe with P.1S Park & Recreation Commission September 26,2005 2 another type of shelter because the wood pergolas are a maintenance headache. It has not been determined as to where the playground would be located when it is redone. Within ten days the walkways will be resurfaced \vith a heavy seal coat. The tewis conrts need to be resurfaced every 3 years; that has been kept up. The tennis fence also needs maintenance work. Commission member Payne suggested moving the playground out from the sand area and putting in grills so that they are not underneath the shelter. Commission member Evans suggested placing a new playground north of the shelter where the pergolas are because that area is not used as often as the area under the shelter. Public Works Director/City Engineer Hansen said that the 1997 Needs Assessment indicated fixing the walking trails and wood pergola areas. BALL FIELD LIGHTS AT PRESTEMON PARK Recreation Director Windschitl stated that we only have one ball field in the city that has lights. Prestemon Park has a great ball field, but it can only be used while it is light out. In the fall it gets dark too early therefore we can not schedule any games on this field. The park has recently been updated with a new playground and a great trail system. He feels that we need to add lights to this park before we start any improvements to Huset Park. If Huset Park gets redone it may be a year or two before we can use the field again. It would cost an estimated $80,000 for lighting this ball field. We would like to add wiring for a scoreboard that could be added at a later date. The Recreation Director stated that we could use funds from the 881 Recreation Donations account to cover the expenses. Motion by Greenhalgh to recommend to the City Council to use the money from the 881 Recreation Donations account to install ball field lights at Prestemon Park with wiring for future use of a scoreboard. Second by Payne. All ayes, motion carried. REPORTS RECREATION DIRECTOR Recreation Director \x7indscpitl thaIl-K.ed :Mayor Peterson for the sOlli'ld system for the Youth Program, which was donated from the Columbia Heights Activity Fund. Our Puppet Wagon and Theatre Programs will utilize this new sound system throughout the year. The budget meeting is scheduled for Wednesday October 26th at 7:00 pm. The Park and Recreation Commission Meeting will be prior to that at 6:00 pm. PUBLIC WORKS DIRECTOR/CITY ENGINEER Public Works Director/City Engineer Hansen asked the commission members who walk the trails at Sullivan Lalce to report back to him on the condition of the trails after the resurfacing. The Huset Road project will be starting Monday. The power boxes have been pulled from the fields to be able to reuse them. P.19 Park & Recreation Commission September 26, 2005 3 COMMISSION MEMBERS Mayor Peterson talked about the 4-wheeler that will be raffled as a fundraiser for the non- profit Columbia Heights Activities Fund. Commission Member Stroik reported that city residents have asked her about the working condition of the fountain at LaBelle Park. Stroik also indicated that the overall maintenance needs to be improved at LaBelle Park. Public Works Director/City Engineer Hansen said that the fountain is broken in the center and that the only way to fix it is to dig up the whole area around the fountain. This renovation was not planned in the 2005 budget. Commission Member Stroik stated that Ostrander is a heavily used park for family picnics and asked if it is possible to put in a small shelter. Public Works Director/City Engineer Hansen suggested that she get a neighborhood petition together to present to the City Council. ADJOURNMENT Meeting adjourned at 7:20 p.m. Deanna Saefke Recreation Clerk Typist II P.20 CITY COUNCIL LETTER Meeting of: 10/24/05 AGEtIDA SECTION: CONSENT NO: 5 - A - 3 ORIGINATING DEPARTMENT: CITY Mii..NAGER PUBLIC WORKS BY: K.Hansen~ ./ DATE: 10/18/0~ ITEM: RESOLUTION CERTIFIYING PETITION AND WAIVER ASSESSMENTS Background: As part ofthe water main cleaning and lining project, it was necessary to have all property owners have operating stop boxes. This was critical in order to reopen the connection between the water service and the main as soon as the main was lined within a 1-2 hour timeframe. The City obtained bids from local plumbing contractors to perform the stop box repair work. Property owners had the option of using the contractor retained by the City or hire their own Contractor to make the necessary repairs. Analysis/Co nclusio ns: The County requires a resolution to certifY petition and waiver assessments to the Anoka County Auditor for collection with the property taxes. This resolution consists of assessing 23 property owners for a total of $19,450.00. The assessment term is 10 years and the interest rate is 5.5%. This is consistent with water service repairs made under the 2004 street project. Staff recommends the City Council adopt the following motions. Recommended Motion: Move to waive the reading of Resolution 2005-64, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2005-64 being a resolution to certifY petition and waiver assessments to Anoka County for collection with the property taxes. COUNCIL ACTION: P.21 RESOLUTION NO. 2005-64 BEING A RESOLUTION TO CERTIFY PETITION AND WAIVER ASSESSMENTS WHEREAS, propeliy owners petitioned the City Council for certain improvements and waived their rights for public hearings and appeals as provided in Minnesota State Statute; and, WHEREAS, said improvements have been completed; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such improvements and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES Section 1: That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Petition and Waiver Construction Work" numbered 2005-SP-31-001. Section 2: That said assessments may be paid in part or in full without interest on or before November 15,2005. 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 of ten years. Section 3: This resolution shall take effect immediately upon its passage. Dated this 24th day of October 2005. Offered by: Seconded by: Roll Call: CITY OF COLillv1BIA HEIGHTS By Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk P.22 ('~ /r'.~.'.."." \" ..J~ City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421-3878 (763) 706-3700 (763) 706-3701 www.ci.columbla-heights.mn.us Actual Assessment Amounts (summary) Project 2005-SP-31-001 Special PETITIONIWAIVER CONSTR. WORK Assessment Term (Years): 10 PIN Address Actual Assessment Amount 26-30-24-13-0060 4941 JEFFERSON ST $ 950.00 26-30-24-13-0061 4947 JEFFERSON ST $ 950.00 26-30-24-13-0094 5009 JEFFERSON ST $ 950.00 26-30-24-13-0096 5025 JEFFERSON ST $ 950.00 26-30-24-42-0067 4839 JEFFERSON ST $ 950.00 26-30-24-42-0073 4840 JEFFERSON ST $ 950.00 26-30-24-42-0093 4821 JEFFERSON ST $ 950.00 26-30-24-42-0094 4827 JEFFERSON ST $ 950.00 26-30-24-42-0095 4833 JEFFERSON ST $ 150.00 26-30-24-42-0100 4807 JEFFERSON ST $ 950.00 26-30-24-42-0101 4813 JEFFERSON ST $ 950.00 26-30-24-42-0104 4800 JEFFERSON ST $ 950.00 36-30-24-33-0095 3822 POLK ST $ 950.00 36-30-24-33-0096 3818 POLK ST $ 950.00 36-30-24-33-0115 3713 TYLER ST $ 150.00 36-30-24-33-0120 3803 TYLER ST $ 150.00 36-30-24-33-0123 3815 TYLER ST $ 950.00 P.23 ~ . --.......-............................. r-U--T'T''T"I''''''''II\^'^ 1\ lr-n ,....1""\..IC'Tn ,^,"OV P-:Jr10 PIN Address Actual Assessment Amount 36-30-24-33-0127 3839 TYLER 8T $ 950.00 36-30-24-33-0152 3737 TYLER 8T $ 950.00 36-30-24-33-0153 3741 TYLER 8T $ 950.00 36-30-24-34-0136 3864 POLK 8T $ 950.00 36-30-24-34-0137 3858 POLK 8T $ 950.00 36-30-24-34-0139 3850 POLK 8T $ 950.00 ~ P.24 Proiect Page 2 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: October 24, 2005 AGENDA SECTION: C -IJ _ 1/ NO: -.J n '1 ITEM: Adopt Resolution 2005-61, Approving Application to MN Dept. of Employment and Economic Development for a Contamination Clean Up Grant and commitment of local match ORIGINATING DEPARTMENT: Community Development BY: Randy Schumacher DATE: October 24, 2005 CITY MANAGER'S APPROVAL BY:- ,/05 ;-d1- \0 BACKGROUND: This is a request for approval of a resolution to submit a joint Contamination Clean Up application through the Minnesota Department of Employment and Economic Development and the Metropolitan Council. In 2004, the City of Columbia Heights received $1,234,000 in cleanup funding from the Minnesota Department of Employment and Economic Development and Metropolitan Council for Phase 1 of the Industrial Park. In early 2005, the city received $871,789 from the same program for cleanup in Phase II. This application will address the clean up of Phase III in the Industrial Park, which is comprised of the Greif Brothers property at 3700 5th Street and 317 39th Avenue and the Smith property at 450 38th Avenue. The engineer's estimate for building demolition and excavation of contaminated soil is $1,689,965. As outlined in the Schafer Richardson Development Agreement the unfunded portion of the clean up, or the 12% local match is the responsibility of the developer. RECOMMENDATION: Staff recommends approval of Resolution 2005-61, approving an application to DEED for a Contamination Clean Up Grant for the Industrial Park and commitment of local match. RECOl'vIMENDED l'vIOTION: Move to waive the reading of Resolution 2005-61, there being an ample amount of copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 2005-61, being a Resolution to approve application to the MN Department of Employment and Economic Development for a Contamination Clean Up Grant and commitment of local match. Attachments: Resolution 2005-61 COUNCIL ACTION: P.2S RESOLUTION 2005-61 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION AUTHORIZING APPLICATION FOR MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONO:MIC DEVELOPMENT CONTAMINATION CLEft..NUP GRANT PROGRAM AND COlVIMITMENT OF LOCAL MATCH WHEREAS, the City Council of the City of Columbia Heights (the "City) has given their support to a master plan for redevelopment of industrial area properties; and WHEREAS, the City has found that there exists conditions of deterioration, blight, substandard stmctures, and environmental concerns, and there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration and promote redevelopment of the industrial area; and WHEREAS, the City has recently identified and completed Phase I and Phase II assessments of all industrial properties in the industrial planning area in which various potential contaminants were identified, with the City submitting a Response Action Plan (RAP) to the MPCA for cleanup; and WHEREAS, the total legislative appropriation for this grant program for fiscal years 2006-07 is $4,362,000, and the DEED grant requires applicants to pay an amount equal to 12 % of the cleanup costs from umestricted money available to the City. With the local match to be an internal loan from the Capital Improvement Redevelopment Fund 420 and to be repaid at a five-percent interest rate; and NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights has approved the Contamination Cleanup grant application submitted to the Department of Employment and Economic Development (DEED) on October 25, 2005, by the City of Columbia Heights for Phase III of the IndusnialPark;and BE IT FURTHER RESOLVED that the City of Columbia Heights acts as the legal sponsor for the Contamination Cleanup Grant Program to be submitted on October 25,2005, and that Walt R Fehst, Executive Director, is hereby authorized to apply to DEED for funding on behalf of the City of Columbia Heights, Minnesota; and BE IT FURTHER RESOLVED that the City of Columbia Heights has the legal authority to apply for fmancial assistance, and the institutional, managerial, and fmancial capability to ensure adequate project administration; and BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified; and BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or conupt practice; and BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Columbia Heights, Minnesota may enter into an agreement with the State of Minnesota for the above- referenced project(s), and that Columbia Heights celiifies that it will comply with all applicable laws and regulations as stated in all conn'act agreements; and BE IT FURTHER RESOLVED that Walter R. Fehst is hereby authOlized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant; and NOW, THEREFORE BE IT RESOLVED that the City COlillCil of the City of Columbia Heights, Minnesota has approved the Contamination C1emp. 2 6rrant Application submitted to the Department of Employment and Economic Development (DEED). I certify that the above resolution was adopted by the City Council. Passed tills _ day of October 2005. Offered By: Seconded By: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.27 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: October 24, 2005 AGENDA SECTION: ORIGINATING CITY NO: 5-A-S DEPARTMENT: Community MANAGER'S Development APPROVAL ITEM: Adopt Resolution 2005-62, A resolution BY: Kirsten Partenheimer ~~. authorizing application for MN Dept. of DATE: October 24,2005 Employment and Economic Development grant for investigating contaminants and commitment of local match. BACKGROUND: This is a request for approval of a resolution to submit an application for the Contamination and Investigation and Response Action Plan (RAP) Development Application in the amount of$50,000 to the Minnesota Department of Employment and Economic Development (DEED). This grant request will pay for environmental investigation of the redevelopment priority area at 39th and Central Avenues, which includes the former Burger King site, Mady's Bowl and Columbia Heights Rental. The resolution commits the City to a local match of 25 percent should the City be awarded the grant. The City of Columbia Heights will be submitting the application to DEED on October 25,2005. This investigation grant will fund a "Phase II" site investigation, which will determine the extent of the contamination on the properties, the most feasible method for remediation and the cost. The City has received approval from these property owners to do a Phase II enviromnental investigation. The additional contamination investigation funding to perform a Phase II is critical for this project to move forward. The requested amount ofthe investigation grant will be the maximum amount of $50,000. The grant requires a local match of25%, or up to $12,500, the sum of which will be paid from the $50,000 Nath Companies, the previous owners of the Burger King site, escrowed as part of the sale. RECOl".'.Il'lIENDATION: Staffrecomrnends approval of Resolution 2005-62, approving an application to DEED for a Contamination Investigation and RAP Development Grant Application of .Ll__ .,nth ___J r"'I___.L___l ___..3____1_._.___._..... __.__ ___..3 ________=.L.____.._.L _.I:'1___1 ...___.L.....l_ lfH::::J':J anu L-Clllral rCUCVC1U1-l1HCHl i:11Ci:1 i:1UU \;UHHIHlHICHl UIIU\;i:111Hi:1l\;H. RECOMMENDED MOTION: Move to waive the reading of Resolution 2005-62, there being an ample amount of copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 2005-62, being a Resolution to approve application to the MN Department of Employment and Economic Development for a Contamination Investigation and RAP Development Grant Application and commitment of local match. Attachments: Resolution 2005 -62 COUNCIL ACTION: P.2S RESOLUTION NO. 2005-62 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION AUTHORIZING APPLICATION FOR MN DEPT. OF EMPLOYMENTANDECONOMICDEVELOPMENT~EED)GRANTFOR INVESTIGATING CONTAMINft...NTS AND COMl\UTMENT OF LOCi1J. MATCH WHEREAS, the City Council of the City of Columbia Heights (the City) has identified the redevelopment ofthe properties at 3939,3927 and 3905 Central Avenue, known as the 39th and Central Redevelopment Area, as a high priority for redevelopment; and WHEREAS, the City has found that there exists conditions of deterioration, blight, substandard structures and environmental concerns, and that there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration and promote redevelopment ofthe site; and WHEREAS, the City has recently identified and completed Phase I assessments of all three properties in the redevelopment area in which various potential contaminants were identified; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESONOT A, that the City has approved the Contamination Investigation and RAP Development Grant application submitted to the Department of Employment and Economic Development (DEED) on October 25, 2005, by the City of Columbia Heights, Minnesota for the 39th and Central redevelopment site; and BE IT FURTHER RESOLVED that the City of Columbia Heights acts as the legal sponsor for the project contained in the Contamination Cleanup Grant Program to be submitted on October 25, 2005 and that the City Manager is hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on the behalf of Columbia Heights, Minnesota; and BE iT FURTHER RESOLVED that the City of Columbia Heights, Minnesota has the legal authority to apply for financial assistance, and the institutional, managerial, and financial nn~nb;11.-hy +^ ""II'"''''''''' "ct-""qnat"" '''\I"r\1e"t arh111nl''''tratlr\n' and" \.ICLp'L 1.1. L LV \...f 0U~\.I U. ...... U. .......P vJ VL UU.~~.l.~ t...J.l. "'.LV.I., .I. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified; and BE IT FURTHER RESOLVED that the City of Columbia Heights, Minnesota has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, ldckbacks, collusion, conflict of interest or other unlawful or corrupt practice; and BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Columbia Heights may enter into an agreement with the State of Minnesota for the above- referenced project, and that the City of Columbia Heights certifies that it will comply with all applicable laws and regulations as stated in all contract agreements; and P,29 NOW THEREFORE BE IT FINALL Y RESOLVED that the City Council ofthe City of Columbia Heights, Minnesota is herby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. I certify the above resolution was adopted by the City Council. Passed this _ day of October 2005. Offered By: Second By: Roll Call: Mayor Gary 1. Peterson Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.30 COLUMBIA HEIGHTS CITY COUNCIL LETTER :Meeting of: October 24, 2005 ITEM: Adopt Resolution 2005-63, A Resolution Authorizing Application to Metropolitan Council for Tax Base Revitalization Account (TBRA) funding and commitment of local match NO: BY: Randy Schumacher DATE: October 24, 2005 CITY MANAGER APPROVAL i BY: I ) ~/O~ l 10 r;/l AGENDA SECTION: NO: E - A-Io ORIGINATING DEPT.: Community Development BACKGROUND: This is a request for approval of a resolution to submit ajoint contamination cleanup application through the Metropolitan Council Tax Base Revitalization Account (TBRA) and the Minnesota Department of Employment and Economic Development (DEED). The City of Columbia Heights is cunently a pmiicipant in the Livable Communities Act Housing Incentives Program for 2005 as detennined by the Metropolitan Council, and is therefore eligible to make application for grant funds through TBRA. This application will address the cleanup of Phase III in the Industrial Park, which is complised ofthe Greif Brothers property at 3700 5th Street and 317 39th Avenue and the Slnith property at 450 38th Avenue. The engineer's estimate for the building demolition mId excavation of contaminated soil is $1,689,965. As outlined in the Schafer Richardson Development Agreement, the unfunded portion ofthe cleanup, or the 12% local match, is the responsibility ofthe developer. RECOMIvIENDATiON: Staff recommends approval ofthe application to the Metropolitan Council for Contmnination cleanup through the TBRA Progrmn and commitrnent oflocal Inatch. RECOMMENDED MOTION: Move to waive the reading of Resolution 2005-63, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2005-63, a Resolution Authorizing Application to the Metropolitan Council for Tax Base Revitalization Account (TBRA) Funding and commitment of local match. Attachments: Resolution 2005-63 COUNCIL ACTION: P.31 RESOLUTION 2005-63 CITY OF COLUMBIA HEIGHTS, l\1]II.-{t~ESOTA RESOLUTION AUTHORIZING APPLICATION TO THE METROPOLITAN COUNCIL FOR TAX BASE REVITALIZATION ACCOUNT FUNDING WHEREAS, the City of Columbia Heights is a participant in the Livable Comniunities Act Housing Incentives Program for 2005 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Tax Base Revitalization Account; and WHEREAS, the City has identified a contamination clean-up project within the City that meet the Tax Base Revitalization Account's purpose/s and criteria; and WHEREAS, the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS, the City Council of Columbia Heights, Minnesota agrees to act as legal sponsor for the project contained in the Tax Base Revitalization Account application submitted on October 25,2005; and BE IT FURTHER RESOL YED that the City Manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Columbia Heights and to execute such agreement as are necessary to implement the project on behalf of the applicant. Passed this _ day of October 2005. Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary P.32 CITY COUNCIL LETTER Meeting of October 24, 2005 AGENDA SECTION: Concent ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV NO: ITEM: 5 -A-I NO: Approval of Rental Housing License Applications BY: Gary Gorman .-i'~ : IO,;d DATE: October 19,2005 Approval of the attached list of rental housing license applications in that they have met the requirements of the Housing Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for October 24,2005. COUNCIL ACTION: P.33 Occupany I.D. Property Owner Name Property Address 30175 Bryant, LLC 3806 Stinson Boulevard 30177 Bryant, LLC 3816 Stinson Boulevard 10038 Jim Adams 838 41ST AVE 34012 Alan Avery 4201 MONROE ST 20025 Clifford Boyum 4855 5TH ST 20097 Anthony Brown 4056 5TH ST 12007 Aernie Burns 4212 WASHINGTON ST 10026 Ricardo Cadman 3947 ARTHUR ST 10008 Heather Callier 4033 ARTHUR ST 20261 Charles Chen 120743 1/2 AVE 30053 Lester Chies 980 44TH AVE 20148 Harold Clark 4512 WASHINGTON ST 12011 Roger Collins 1077 POLK CI R 10007 Marilyn Dalseth 4607 PIERCE ST 20295 Marilyn Dalseth 4612 POLK ST 20106 Ryan Diekow 204 42ND AVE 10040 Bruce Ebner 3928 CENTRAL AVE 12055 Delanza Elliot 1124 45TH AVE 34006 Lori Fitzpatrick 626 40TH AVE 20204 Gerry Gerechi 3742 3RD ST 12203 James Graham 4409 MONROE ST 10075 Wilson Guachichulca 4951 MADISON ST 20171 Mike Herr 4650 WASHINGTON ST 20136 Keith Hoof 4040 CLEVELAND ST 20129 Joe Hoyle 627 51ST AVE 30009 Michael Juaire 4301 3RD ST 10119 TIMOTHY KLEIN 4171 3RD ST 1')(\-t'JA Q,.nt"'\I' L<'on-:.n 111 ~ L1&;TI-I A \/1= I!:..V Iv""!" &...IUIILVU I ,"-'~\..... .. IV........., ....._ 10085 Gina Kilgore 4542 HEIGHTS DR 3401 0- Matt Kleinjan 1733 37TH AVE 12167 Elizabeth Klenert 4957 Tyler Street 30024 Margaret Kortas 4308 4TH ST 10084 Jeffrey Larsen 80849 1/2 AVE 10024 Leon Larson 1221 43RD AVE 30012 David Lasky 4318 3RD ST 20117 Ping Luu-Wang 121445 1/2 AVE 20034 Rose Maciaszek 4401 JACKSON ST 20038 Rose Maciaszek 4400 V AN BUREN ST 20039 Rose Maciaszek 4404 VAN BUREN ST 10016 Marcea Mariani 4007 MAIN ST 10032 Marlin Maske 1012 GOULD AVE P.34 10/?O/?OOfi 17:22 Page 1 Occupany I.D. 12064 20320 12205 30147 10058 10132 12043- 10148 12165 20318 12136 10083 20101 20185 20020 12148 10017 30004 20019 12068 20333 12004 12186 20277 10081 30161 10/20/2005 Property Owner Name James Nelson Carly Nelson Robert Odden Terry Pease Marlene PhillipsNavreck Lauri Picotte Sandra Powell Segundo Ramon John Ranweiler Mahmoud Rifai Patsy Sandsness Peter Sax Nelia Schaff Riaz Shad Leland Stauch Gary Stockwell Richard Stueland Kiros Tesfaye Thomas Therrien Janene Unke-Hanson John Utke Kimberly Wegener Weston Wiggins Ronald Wilcox James Woods Myong Yi P.35 17:22 Property Address 1745 37TH AVE 1301 CIRCLE TERRACE BLVD 120342 1/2 AVE 3925 3RD ST 1827 41ST AVE 4409 ARTHUR ST 4456 WASHINGTON ST 1131 40TH AVE 4648 Taylor Street 1069 POLK PL 121443 1/2 AVE 4131 JEFFERSON ST 1203 CHEERY LN 4641 Taylor Street 4545 FILLMORE ST 683 51ST AVE 1035 45TH AVE 543 40TH AVE 633 51ST AVE 4357 7TH ST 3849 JACKSON ST 5250 WASHINGTON ST 4144 MADISON ST 4512 MONROE 8T 4254 2ND ST 4546 Tyler Street Page 2 CITY COUNCIL LETTER Meeting of: October 24, 2005 AGENDA SECTION: 5 - A-~ ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVf\L \ ITEM: License Agenda BY: Shelley Hanson, .~ "'0- DA~r;}e ~ L.L~ NO: DATE: October 20, 2005 BY ~ /0-" BACKGROUND/ANALYSIS Attached is the business license agenda for the October 24, 2005 City Council meeting. This agenda consists of applications for Contractor licenses for 2005. Also included on the agenda are the renewals for calendar year~006 that have been received and approved to date. These include renewals for fuel dispensing devices, cigarette sales, and auto sales. And listed on the agenda is the renewal of the Currency Exchange Licenses for Kwik Cash at 4639 Central Ave and for Money Xchange at 4110 Central Ave. This type of business is actually licensed by the State of MN. However, pursuant to MN Statute 53 A.04, t.he State is required to submit the application to the governing body ofthe municipality in which the business operates. The law further requires the governing body ofthe municipality to render a decision regarding the renewal of the license within 60 days. I forwarded this application to the Police Department and they see no reason to deny the renewal of this license. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. TIns means that the data privacy foml has been sublllitted as required. If 110t subrrtltted, certain information cannot be released to the public. RECOIVJJ\.rnrIDED l'f[OTION: Move to approve the items as listed on the business license agenda for October 24, 2005 as presented. Regarding the new licenses for 2006. and the renewals for 2005. COUNCIL ACTION: P.36 TO CITY COUNCIL October 24, 2005 *Signed Waiver Form Accompanied Application 2005 BUSINESS LICENSE AGENDA CONTPACTORS LICENSES Bldg *Master Gas Fitters *Full Sail Remodeling *ESP Co. LLC *Ebert Inc. *Complete Co * AI's one Hour Heating 2263 N. McKnight Rd #2, No St Paul 4043 Jefferson St, Col. Hts 622 SE 9th St, Mpls 23350 Co. Rd. 10, Corcoran 54004 Loren Dr., Mankato 3041 Aldrich Ave So. Mpls 2006 BUSINESS LICENSE AGENDA Zoning M:DTOR VEHICLE SALES Silver Lake Auto 3701 Reservoir Blvd, Col. Hts Office only Fire FUEL DISPENSING DEVICES Speedway Superamerica 5000 Central Ave Holiday Stationstores 4259 Central Ave Lowells Auto 4457 University Ave Police CIGARETTE/TOBACCO Holiday Stationstores 4259 Central Ave Hot Market 5011 University Ave CURIlENCY EXCRA...l'TGE LICENSE P..ENEW AL Police Kwik Cash Money Xchange 4639 Central Ave 411 0 Central Ave P.37 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $300 $140 $180 $100 $300 $300 STATE LICENSE STATE LICENSE 5 -A-q CITY OF COLUMBIA HEIGHTS FINANCE DEP ARTMF.NT COUNCIL MEETING OF: O~lt 2/)Df> STATE OF MINNESOTA COUNTY OF ANOYJJ. CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number J 11..\-58'3 in the amount of$ I, Oo.G, tvt.f-.13 . These checks have been examined and found to be legal charges against the CITY OF throngh_\ lY-ltf2 COLillABIA HEIGHTS, fuJ.d are hereby, recoffililended for payment. P.38 ACS FINANCIAL SYSTEM 10/20/2005 15:29:36 Check History CITY OF COLUMBIA HEIGHTS GL050S-V06.70 COVERPAGE GL540R ******************************************************************************* * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * ******************************************************************************* Report Selection: Optional Report Title.......10/24/2005 COUNCIL LISTING INCLUSIONS: Fund & Account. . . . . . . . . . . . . . thru Check Date. . . . . . . . . . . . . . . . . . Source Codes................ Journal Entry Dates......... Journal Entry Ids........... Check Number................ thru thru thru thru 114583 thru 114742 thru thru thru thru thru thru thru thru proj ect. . . . . . . . . . . . . . . . . . . . . Vendor. . . . . . . . . . . . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order.............. Bank....................... . 1!gucher .................... . leased Date............... Weared Date................ ~ Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI J COUNCIL 02 P4 Y S 6 Lines CPI 066 10 CP SP Y Y ACS FINANCIAL SYSTEM 10/20/2005 15 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 BANK VENDOR Check History 10/24/2005 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT AARP AKENSON/HARVEY ANOKA COUNTY COURT ANOKA COUNTY SHERIFFS DE APPLE JACK ORCHARDS BELLBOY BAR SUPPLY BLUEMELS TREE SERVICE CHISAGO LAKES DISTRIBUTI CHOICE POINT SERVICES COLUMBIA HEIGHTS VOLUNTE DEX MEDIA EAST LLC EAST SIDE BEVERAGE CO FRANKENFIELD/SHARON G & K SERVICES GREEN MILL GRIGGS-COOPER & CO HANSEN/KEVIN HANSON STEVENS/MAIME HOHENSTEINS INC JESTER/SCOTT JOHNSON/THOMAS M KROLL/LORRAINE KUETHER DIST. CO. LARKIN/JOHN MARK VII DIST. MARKS/JESSICA MAYORGA/CINDY MEDICINE LAKE TOURS METROCALL - ATT MESSAGIN MLENAR/TROY NEXTEL COMMUNICATIONS PERFORMANCE OFFICE PAPER PETTY CASH - LIZ BRAY PHILLIPS WINE & SPIRITS PLUNKETT'S, INC PURTLE/DAVID QUALITY WINE & SPIRITS RIVER VALLEY RANCH SAM'S CLUB SCIENCE MUSEUM OF MINNES SPARKMAN/DESERY UNIVERSITY AQUATIC CENTE UNIVERSITY OF MINNESOTA VERIZON WIRELESS WALBURG/DAVID XCEL ENERGY (N S P) CITY WIDE WINDOW SERVICE ~ ~ o 114583 114584 114585 114586 114587 114588 114589 114590 114591 114592 114593 114594 114595 114596 114597 114598 114599 114600 114601 114602 114603 114604 114605 114606 114607 114608 114609 114610 114611 114612 114613 114614 114615 114616 114617 114618 114619 114620 114621 114622 114623 114624 114625 114626 114627 114628 114629 300.00 243.50 87,100.00 280.00 429.00 239.07 4,958.95 5,408.52 160.00 98,318.00 48.70 6,995.40 80.00 47.32 1,553.50 4,300.01 10.31 248.82 9,272.65 17.70 39.44 42.00 69,364.30 13 .83 14,219.54 35.00 387.50 3,828.00 35.26 18.21 619.03 725.90 15.78 1,803.84 89.67 1,575.00 10,297.83 1,080.00 186.86 391. 00 97.93 91.00 75.00 1. 88 201.96 21,800.92 40.47 ACS FINANCIAL SYSTEM 10/20/2005 15 BANK VENDOR CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.70 PAGE 2 10/24/2005 COUNCIL LISTING CHECK NillVlBER AMOUNT BANK CHECKING ACCOUNT EAST SIDE BEVERAGE CO 114630 33,773.90 GENUINE PARTS/NAPA AUTO 114631 39.88 HAMAN/LEONA 114632 40.00 JOHNSON BROS. LIQUOR CO. 114633 98,763.10 KIWI KAI IMPORTS 114634 651.95 KLOIBER, JOSEPH 114635 171. 68 KOBLAS/JOHN 114636 100.00 MARK VII DIST. 114637 24,973.70 MN DEPART OF ECONOMIC SE 114638 335.27 O'BRIEN/DANIEL 114639 83.38 ONVOY 114640 59.99 OPERATING ENGINEERS LOCA 114641 300.00 PETTY CASH - MARY DUGDAL 114642 156.75 PHILLIPS WINE & SPIRITS 114643 14,923.10 QUALITY WINE & SPIRITS 114644 2,642.13 QWEST COMMUNICATIONS 114645 968.34 RJM DISTRIBUTING INC 114646 128.00 SCHMIDT/LORRAINE 114647 40.00 VERIZON WIRELESS 114648 200.42 XCEL ENERGY (N S P) 114649 74.66 ACE HARDWARE 114650 70.20 ALL SAFE FIRE & SECURITY 114651 111.10 ;0 ALLIED BLACKTOP COMPANY 114652 17,902.95 ALLIED/BFI WASTE SYSTEMS 114653 89,608.45 H:::.. ANCOM COMMUNICATIONS INC 114654 123.54 I--'- ANOKA COUNTY - GOV'T CEN 114655 10,906.54 ANOKA COUNTY PROPERTY RE 114656 46.00 ASPEN MILLS, INC. 114657 563.11 BARNA GUZY & STEFFEN LTD 114658 13,842.10 BOYER TRUCK PARTS 114659 139.61 BRYAN ROCK PRODUCTS, INC 114660 2,294.44 BUILDING FASTENERS 114661 177.07 BUREAU OF CRIMINAL APPRE 114662 630.00 CATCO PARTS SERVICE 114663 85.24 CCP INDUSTRIES 114664 199.87 CENTER POINT ENERGY 114665 11.36 CINTAS FIRST AID-SAFETY 114666 55.10 CITY PAGES 114667 450.00 CLARK PRODUCTS INC 114668 559.48 COLUMBIA HEIGHTS RENTAL 114669 15.86 CONWORTH, INC 114670 20.00 CSC CREDIT SERVICES 114671 25.00 DAHLGREN SHARD LOW & UBAN 114672 1,504.00 DAVIES WATER EQUIPMENT C 114673 239.78 DONAGHUE DOORS INC 114674 456.00 EASTMAN KODAK 114675 1,156.00 EGAN OIL COMPANY 114676 10,175.97 ACS FINANCIAL SYSTEM 10/20/2005 15 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 BANK VENDOR Check History 10/24/2005 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT EHLERS & ASSOCIATES INC EMERGENCY APPARATUS MAIN ENTERPRISE NETWORK SYSTE FINGERPRINT AMERICA FIREHOUSE G & K SERVICES GENUINE PARTS/NAPA AUTO GIS RANGERS GLASS MASTERS GOODIN CO. GOPHER GREEN LIGHTS RECYCLING HASSAN SAND & GRAVEL HEWLETT PACKARD HOME DEPOT #2802 HONEYWELL INC IDEAL ADVERTISING INC. INSTRUMENTAL RESEARCH IN INTERSTATE POWERSYSTEMS IPC PRINTING LEAGUE OF MN CITIES INS LEXISNEXIS MATTHEW BENDE LIFELOC TECHNOLOGIES MAC QUEEN EQUIPMENT CO. MEDTOX LABORATORIES INC MENARDS CASHWAY LUMBER-F METROPOLITAN COUNCIL WAS MIDWAY FORD MIDWEST ASPHALT CO. MINNEAPOLIS FINANCE DEPT MINNEAPOLIS OXYGEN CO. MINNEAPOLIS SAW CO. MOTOROLA INC. MR ROOTER NATIONAL CRIME PREVENTIO NATIONAL WATERWORKS, INC NORTH STAR INTL TRUCK IN NORTHEASTER OFFICE DEPOT PARALLEL TECHNOLOGIES PARKVIEW VILLA RESIDENT PC SOLUTIONS PEPSI-COLA-7 UP PIONEER RIM & WHEEL CO. POS PAPER. COM PREMIUM WATERS INC PRO GRAPHICS ~ fl:::. tv 114677 114678 114679 114680 114681 114682 114683 114684 114685 114686 114687 114688 114689 114690 114691 114692 114693 114694 114695 114696 114697 114698 114699 114700 114701 114702 114703 114704 114705 114706 114707 114708 114709 114710 114711 114712 114713 114714 114715 114716 114717 114718 114719 114720 114721 114722 114723 2,756.25 9,287.88 798.75 356.01 30.00 721.42 644.99 6,943.64 660.00 48.46 1,424.57 839.02 582.24 1,224.75 49.97 289.59 1,671.00 150.00 10,789.52 61. 27 42,030.75 110.00 108.00 87.54 175.20 1,471.00 64,197.88 163.39 240.56 123,078.76 10.86 114.04 20,133.12 739.91 140.25 657.16 296 .34 279.00 1,317.23 14,156.09 130.00 2,408.00 229.00 17.44 348.40 19.30 12.65 ACS FINANCIAL SYSTEM 10/20/2005 15 BANK VENDOR Check History 10/24/2005 COUNCIL, LISTING CHECK NUMBER BANK CHECKING ACCOUNT PROSOURCE TECHNOLOGIES I ROSS INDUSTRIES SCHELEN GRAY ELECTRIC SCHINDLER ELEVATOR CORP SIGN LANGUAGE & GOLDEN A SRSI STAPLES BUSINESS ADVANTA STATE BANK & TRUST STATE OF MINN-DEPT OF CO STREICHER'S GUN'S INC/DO SUN PUBLICATION SYSTEMS SUPPLY INC. TBS OFFICE AUTOMATIONS TWIN CITIES NORTH CHAMBE UNITED RENTALS UNIVERSITY OF MINNESOTA VERIZON WIRELESS VISIONARY SYSTEM LTD WW GRAINGER,INC ~ ~ W 114724 114725 114726 114727 114728 114729 114730 114731 114732 114733 114734 114735 114736 114737 114738 114739 114740 114741 114742 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 AMOUNT 4,921.60 96.34 27.29 642.80 205.65 245.92 142.90 163.51 90.16 4,000.39 318.75 391.79 10.00 32.00 286.26 390.00 6.28 4,112.78 135.49 1,005,104.73 *** ACS FINANCIAL SYSTEM 10/20/2005 15 BANK VENDOR REPORT TOTALS: ;d fI::. fI::. CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 Check History 10/24/2005 COUNCIL LISTING CHECK NUMBER AMOUNT 1,005,104.73 RECORDS PRINTED - 000767 ACS FINANCIAL SYSTEM 10/20/2005 15:29:38 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 212 240 261 265 272 276 389 411 415 420 432 439 481 601 602 603 604 609 651 "61 . 0 fl::..1 f3Jb3 884 885 DISBURSEMENTS GENERAL COMMUNITY DEVELOPMENT FUND STATE AID MAINTENANCE LIBRARY TWENTY-FIRST CENTURY GRANT CONFISCATED/FORFEITED PROP POLICE GRANTS-OTHER LOCAL LAW ENFORCE BLK GRANT R8:TRANSITION BLK REDEVELOP CAPITAL IMP-GEN GOVT. BLDG CAPITAL IMPRVMT - PIR PROJ CAP IMPROVEMENT-DEVELOPMENT CAP EQUIP REPLACE-SEWER FIRE CAPITAL EQUIPMENT ANOKA JLEC:POLICE COMPTR EQP WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR WATER CONSTRUCTION FUND CENTRAL GARAGE DATA PROCESSING CONTRIBUTED PROJECTS-REC CONTRIBUTED PROJECTS-GEN INSURANCE ESCROW 163,172.78 186.08 18,817.42 72.59 2,106.78 2,570.44 17,941.83 3,463.60 1,925.00 54.49 19,107.85 89,487.80 10,789.52 9,287.88 6,463.06 99,178.00 66,121. 01 90,698.05 68.65 301,481.18 31,048.12 15,977.01 3,248.49 2,462.78 399.93 42,030.75 6,943.64 1,005,104.73 TOTAL ALL FUNDS BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 1,005,104.73 1,005,104.73 CITY COUNCIL LETTER Meeting of October 24, 2005 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: 6A ITEM: Public Hearings BY: Gary Gorman NO: 2005-65 DATE: October 12,2005 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Harold Hoium regarding property at 4315,4317, and 4321 5th Street NE, PIN NO. 35-30-24-21-0165 for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolutiol1 No. 2005-65 there being fullple copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2004-65, a resolution of the City Council of the City of Columbia Heights declaring the property at 4315, 4317, and 4321 5th Street NE, PIN NO. 35-30-24-21-0165 a nuisance and approving the abatement of violations from the property pursuant to City Code, Chapter 8, Article II, Sections 8.201 tlnu 8.207- COUNCIL ACTION: P.46 RESOLUTION 2005-65 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Harold O. Hoium (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4315, 4317, and 4321 5th Street, PIN No. 35-30-24-21-0165, Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, 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 October 13,2005. 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 October 12, 2005, an inspection and abatement of outside storage was conducted on the property listed above. A search WalTant was obtained and the structures on the property were entered. Due to the large amount of debris, garbage, combustibles found inside the structures, the Columbia Heights Fire Department performed an emergency abatement action pursuant to City Code, Chapter 8, Article II. 2. 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. Large amount of debris, gal'bage, combustibles found inside the structures on the property . 3. That all parties, including the owner of record alld allY occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4315,4317, an 4321 5th Street, PIN No. 35-30-24-21-0165 is in violation of the provisions ofthe 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. P.47 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 4315, 4317, and 4321 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 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.48 CITY COUNCIL LETTER Meeting of October 24, 2005 AGENDA SECTION: .0 ~ I:> ORIGINATING DEPARTMENT: Fire CITY MANAGER APPRO AL NO: ITEM: Adopt Resolution For Revocation BY: Gary Gorman DA DATE: October 19, 2005 NO: 2005-66 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Ryan Foltz regarding rental property at 1213 Cheery Lane 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.2005-66, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-66, a resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Cit-j Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Ryan Foltz regarding rental property at 1213 Cheery Lane NE. COUNCIL ACTION: P.49 RESOLUTION 2005-66 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.4Q8(A) ofthat certain residential rental license held by Ryan Foltz (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real propeliy located at 1211-13 Cheery Lane NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, 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 October 4, 2005 of an public hearing to be held on October 24,2005. 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 August 15, 2005, inspection office staff sent a letter requesting the owner of the property to relicense 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 reminder letter was mailed by regular mail to the owner at the address listed in the property records. 3. That on October 4, 2005 a Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure of the O\iVl1er to submit a relicensing application to the Fire Department. b. Failure of the owner to schedule a relicensing inspection. 5. 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 5AJ06 and 5AJ03(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6814 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.50 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. 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.51 CITY COUNCIL LETTER Meeting of October 24, 2005 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY laC Fire MANAGER NO: APPRON AL 7W:' ITEM: Adopt Resolution For BY: Gary Gonnan B' f'-J Revocation J' " ,r \/ DATE: October 19,2005 c E: I'V' JJ NO: 2005-67 >' Revocation of the license to operate a rental UJ1it witbin the City of Columbia Heights is requested against Ahmed Abdullahi regarding rental property at 4643 7th 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.2005-67, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2005-67, 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 Ahmed Abdullahi regarding rental property at 4643 7th Street NE. COUNCIL ACTION: P.52 RESOLUTION 2005-67 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) ofthat certain residential rental license held by Ahmed Abdullahi (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4643 ih Street NE, Columbia Heights, MiImesota, 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 October 5, 2005 of an public hearing to be held on October 24, 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 rollowing: FINDINGS OF FACT 1. That on August 15, 2005, inspection office staff sent a letter requesting the owner of the property to relicense 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 staffreviewed the property file and noted that the property remained unlicensed. A reminder letter was mailed by regular mail to the owner at the address listed in the property records. 3. That on October 5, 2005 a Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 4. That based upon said records of the Enforcement Office, t.he following conditions and violations of the City's Residential Maintenance Code were fOllild to exist, to- wit: a. Failure of the Owl1er to submit a relicensing application to the Fire Department. b. Failure ofthe owner to schedule a relicensing inspection. 5. 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 COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6780 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.53 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. 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.54 AGENDA SECTION: Items for Consideration ORlGINATING DEPARTMENT: CITY MANAGER'S NO: 1- A-I Community Development APPROVAL ITEM: Case #2005-1001, Approval ofa BY: Jeff Sargent, City Planner Br/l rr! Preliminary Plat and three variances for Sama's DATE: October 19,2005 J( : /' . JO/>t~' Addition COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: October 24, 2005 ,/ .:> BACKGROUND: Mr. James Sama has requested City Council approval of a preliminary plat for the Sama's Addition, to be located at the southeast comer of University Avenue and 40th Avenue. hI conjunction with the Preliminary Plat approval, the applicant is also requesting approval of three variances as follows: a 10-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 Sarna, 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 fmal 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 ofthe property, and a liquor license. The Planning Commission wanted some issues checked into more closely prior to the Preliminary Plat approval. The Planning Commission wanted the following: 1. A more detailed Lighting Plan for the site, with questions whether the plan should include the illumination of a portion of Summit Street. A Lighting Plan is attached in the packetfor City Council review. The plan indicates the illumination of the parking lot with sharp cut-offs, restricting the amount of light shed on neighboring properties. 2. The new alIey to be constructed prior to closing Lookout Place. Condition No. 14 addresses this concern 3, Staff to check the condition of the existLng watermain and sanitary sewer lines under Lookout Place. According to the City Engineer, the sanitary sewer line was constructed in 1971, with no history of problems. The watermain was built prior to the sanitary sewer line, and also has no history of malfunction. His opinion is that these two facilities will be adequate for the site. 4. An access agreement between the Sarna's and Mr. Gondek pertaining to the loading dock fmalized. This agreement is currently in negotiations and will be resolved prior to Final Plat approval. 5. Comments from the Fire Chief regarding the Preliminary Plat. The Fire Chief Gary Gorman has reviewed the plans and has no concerns. Kevin Hansen, City Engineer, has stated that the proposed alley radii would be insufficient for the maneuvering of City waste management vehicles and Fire pumpers. Sarna's engineer is aware of these problems and will make the necessary changes prior to Final Plat approval. The Planning Commission approved the site plan and recommended approval of the Preliminary Plat subject to 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 1011IS-term maintenance and repair responsibilities. P.SS 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 final plat. ~.1nDOT' s position on removals, landscaping and fencing of this area needs to be clarified before fmal 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 ofthe 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 fmal 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 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 stonn sewer), shall meet the City or Columbia Heights specifications for materials and installation. 17. Discol111ect any existing utility service stubs in accordance with Public Works requirements. '18. The final plans should include signage ror the alley change or direction. 19. All sidewalks shall meet ADA requirements for pedestrian ramps and grade. 20. At fmal plan submittal, the developer must provide plan/profile sheets for the utilities. 21. The plat must be found acceptable to the Fire Chief. The Plmming 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 squm"e foot area variance for the monument sign by a vote ofJ-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 signage 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 preliminm)' plat based on the stated conditions. The Plal111ing Commission also recommended that the City Council approve the 10- foot front yard setback variance for hard surface parking, and the 8-foot height variance and 35 square foot are variancei~5 (?e proposed monument sign. RECOMMENDED MOTIONS: Move to approve the Sarna's Addition preliminary plat, subject to the 21 stated conditions as approved by the Planning Commission. Move to approve the 1 O-foot fi'ont yard setback variance for hard surface parking for Sarna'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.57 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. .of ') ... I..::..a. iil. 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.S8 City of Columbia Heights Planning Commission Sarna's Restaurant proposals September 21, 2005 Case # 2005-1001 PLANNING CONSIOERA TIONS The project is located on the southeast corner 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. FINDINGS OF FACT Preiiminar-y Piat Section 9.411 (6) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a preiiminary 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 forthe 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.59 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 Staff feels 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 wooded fence. A condition will be imposed on the applicant that the 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 wi!! 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 intetference 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 pan ding, 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 reconfigurations6 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 P.60 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) Enaineerina 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 A venue 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 far;ade. At intersections, these building should "hold the corner': that is have street facades at or near the sidewalk on both streets. The proposed restaurant sits at an angle to both the 1/i1estern 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 norlhern 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 40th Avenue. 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 P.61 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 wiff offset the need for this building to appear as if it is 2 stories in height. c) Parking 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 under/ying 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 4dh A venue Corridor. The proposed monument sign requires two variances due to the proposed height and square footage of the sign. 2. The site plan is consistent with the applicable provisions of the 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.62 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 a-foot setback variance for par kina. 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 1 a-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 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 A venue 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 heiaht variance for Sian. 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 required. The applicant stated that the proposed monument sign will be approximately 35 feet from 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 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 sign 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 A venue. The increased size will also keep the sign in proporlion to its proposed height. City Staff feels that the stated hardship justifies the variance request and has no problems with the proposal. P.63 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 40th 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 40th 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 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. ThF! nr::mtinn nf thF! \I~ri~n""l=>( C::, \Mill nnt hI=> m!:lt/:1ri!:lll" rtetrim/:1ntal tn th/:1 n. ,hli,... ...- v.-.........\:)' -. ....- ._~._.Iv_\'-II .....11_.. _...... 111""""........11"-""11,1 \d 1.11111"""111. LV 1.1 Iv ,..,UfJIIV welfare or materially 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 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 finding~ 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.64 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: 1. A row of arborvitae shall be planted at a minimum of 6-feet in height and spaced as to create a full screening barrier along the eastern property line abutting the residentiaily zoned parceis. 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. P.65 Page 8 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 3D-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, obtained from the Engineering department. 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.66 Page 9 ':ity 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 installation. 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 ofthe 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 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 utiiity 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.67 Page 10 ;0 0\ W 00 :J Z W > ;0:(' ,~, U) :0:, UJ: ,2:: z :J: . 40TH A VENUI: NE 1 rLn o '" .. ---;r \':v\\\'-'-'-'11 ! '~ ,> ~ \ i ' I \ ',\': G' I I r-------1 ,/ \\ \, : '\ '. \ \ I I \ ~ I . \ , I . \ \" , 'I I\' ,\ , I \\\'~ '. I, \ '~~ II \ ., i '\\ 0\, ~EA-.r \\ \' '. 'I ,/ ,\\ I \\... \\ I \ '\ \ I I , '.. \\ I~ / . \ \ I \ ,\.\G\ t, ___====,_____,_ ,~ \, \\ \ '" ~ \/ \, \\,\ ~ , ' rl \, " \\ '-----~ \\ ,\G.. \' ~, \\\ fr \. 15.0'RAUGNWI \\ \'. \, \ '. I il i EXIST. ALLEY \'" \", \'\ 'I I; \ i\,' I_ \\ ',I \G, <0 ,nio, 10 , 'I, lip' . " \ \ \ ~\ . II' :1:: 14.0' WIDE ALLEY R.O.W. 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" ...... 1",,"Y "7", .... ...... 14 ........... \~ -I-~ '2-\6.0 13 12 11 10 ~+ ~ it 334 ONE STORY BRICI< BUILDING M B I A H E I H T s A N N E <<;J"i~~''3 ,c.S\-.p.13 .' ..' .. .. .',. ..:....... . .'. .'. '" .' ';;.:.:. :"R."':"::" ..... .... .......;.............;..............:.............:............-:... ....... ". ". ". ". ". ". .'.;' ..1,,<;S..;.ALLEy......,.C,tfrCHb...CArCH................... ~'..:.:.>:'" '., '.' '., -.' '.' '. ..:.:<:.:..:...::.:.:....... ..:'.. _:'.' ...:.:.;.:-::.:/~~l:::.../ff.~~!~-:.:.::;.:.::.::;..::.::::...::'(".::';:> '+- <:"'0<9..".. !J; <Fj I I 71 !J; <Fj I . !J; 17 18 <Fj I I 19 !J; II 325 ONE STORY BRICK BUILDING --"oq> + .--'2.01 / . : 0" .....;.... . .. ......: ,,-...... .................. .. ..... . . '. . . .. .......... ,,'". .... .".. N,l <- CITY COUNCIL LETTER Meeting of: 10/24/05 AGEl'IDA SECTION: ORIGIt~ATmG DEPARTl\1ENT: CITY MA~A~ NO: (- A/l PUBLIC WORKS ~ /U ITEM: INST ALLA TION OF "FOUR WAY" STOP BY: K. Hans,nW' SIGNS ON LINCOLN TERRACE AND FILLMORE DATE: 10/18/0 1J" Fj: I 0 / 2--t STREET ~) Background: At the August Traffic Commission meeting, Commission members called for a Public Hearing to install stop signs on Lincoln Terrace and Fillmore Street. The hearing notice was mailed to property owners within 300' of the intersection and others listed on the attendance sheet at the August meeting. The request and Hearing publication was to replace the yield signs on Lincoln Terrace with stop signs. At the Public Hearing in September, residents on Fillmore Street and Lincoln Terrace requested four way stop signs at the corner of Fillmore Street and Lincoln Terrace. Presently tllere are yield signs on Lincoln Terrace. Residents have observed many accidents in this area because motorists do not pay attention to the yield signs and with the high school nearby, the age and experience of drivers may be a factor. There is also pedestrian traffic in the area. Fillmore is a T-intersection at 49th Avenue. There is a 4-way stop at Fillmore Street and 50th Avenue/Buchanan Place. The distance between 49th Avenue and 50th Avenue is 740'. Analysis/Conclusions: The intersection of Fillmore Street and Lincoln Terrace does not meet the MMUTCD requirements for stop sign installation. The visibility of the intersection is good. The yield signs are clearly visible. During the last 3 years, there have been 3 reported traffic incidents, two were failure to yield. The Police Department measured traffic speed and volume on Fillmore Street for 2 days and on Lincoln Terrace for 1 day. results are shown below: Fillmore: 10/13 8:30 am - 6:00 pm (9\/2 Hours) 10/17 8:45 am - 7:00 pm (101Jl Hours) Lincoln: 10/14 8:45 am to 3:45 pm (7 Hours) The 764 Vehicles 782 Vehicles 152 Vehicles 85th Percentile speed: 24 mph 85th Percentile speed: 24 mph 85th Percentile speed: 21 mph Maximum speed: 34 mph Maximum speed: 34 mph Maximum speed: 29 mph The 85th percentile speed is considered the speed motorists feei "comfortable" driving. The traffic volume on Fillmore Street is somewhat higher than a normal residential street. Staff considers traffic volume of less than 750 vehicles per day as a residential street. Staff observed the operation of the intersection during the time children were leaving school. Traffic flowed smootWy. More than COUNCIL ACTION: P.79 CITY COUNCIL LETTER Meeting of: 10/24/05 I I AGENDA SECTION: NO: ORIGINATmG DEPARTl\ffiNT: PUBLIC WORKS CITY MA_NAGER ITEM: INSTALLATION OF ''FOUR WAY" STOP SIGNS ON LINCOLN TERRACE AND FILLMORE STREET BY: K. Hansen DATE: 10/18/05 BY: DATE: two-thirds of the vehicles on Lincoln Terrace turned onto Fillmore Street, slowing to make the turn. The other vehicles on Lincoln Terrace slowed at the intersection. There is pedestrian traffic. The high school and elementary school generated 35 pedestrians in a one hour period. Staff does not support adding stop signs at this intersection. To improve safety for pedestrians, staff recommends sidewalks be constructed. Recommended Motion: Move to recommend the City Council authorize installation of four way stop signs on Lincoln Terrace and Fillmore Street based on the configuration of the intersection and the amount of pedestrian traffic generated by the nearby schools based on a recommendation of the Traffic Commission. (Staff Recommended) Alternate Motion: Move to recommend the City Council deny installation of stop signs on Lincoln Terrace and Fillmore Street. COUNCIL ACTION: P.SO on a red background. If the number of approach legs controlled by STOP signs at an intersection is three or more, the numeral on the supplemental plaque, if used, shall c~ITespond to the actual number oflegs controlled by STOP SIgnS. At intersections where all approaches are controlled by STOP signs (see Section 2B.7), a supplemental plaque (R1-3 or Rl-4) shall be mounted below each STOP si~. Compliance Date: January 17, 2004 OPTION: I The ALL WAY (R1-4) supplemental plaque may be used instead of the 4-WAY (R1-3) supplemental plaque. I SUPPORT: I The design and application of Stop Beacons are described in Section 4K.5. 2BA.l CROSS TRAFFIC DOES NOT STOP Plaque (RI-YJ) CROSS TRAffiC DOES NOT STOP R1-X2 500 x 300 mm 24" x.12" I OPTION: I The CROSS TRAFFIC DOES NOT STOP sign may be used at intersections where geometri~, topographic or other conditions exist and motorists approaching a STOP sign may expect cross traffic to stop. When used, it shall be installed on the same structure as the STOP sign beneath ail other suppiemental plaques. ~ Its use shall. be limited to those intersections where an engineering and traffic investigation indicate a need. 2B.5 STOP Sign Applications I~~JI STOP signs should 'be used if engineering judgment indicates that one or more of the following conditions exist: A Int~r~~9tioi1pf l1J~.s.s .@PP:r:tMt rQad-'wttP: a:1IfalpJ;"Qad where application of the l?-ormal right-of-way rule would not be expected to provide reasonable compliance with the law; B. Street entering a through highway or through street; C. Unsignalized intersection in a signalized area; and/or D. High speeds, restricted view, or crash records that indicate a need for control by the STOP sign. May, 2005 ~ Because the potential for conflicting commands could create driver confusion, STOP signs shall not be installed at intersections where traffic control signals are installed and operating except as noted in Section 4D.1. Portable or part-time STOP signs shall not be used except for emergency and temporary traffic control zone purposes. STOP signs should not be used for speed control. STOP signs should be installed in a manner that minimizes the numbers of vehicles having to stop. At inter- sections where a full stop is not necessary at all times, con- sideration should be given to using less restrictive measures such as YIELD signs (see Section 2B.8). I SUPPORT: I In many low volume situations with no unusual history of intersection crashes, no control at the intersections is a cost effective strategy. Research suggests that at most locations, increasing the level of intersection control will not improve safety (see FHWA-RD-81-084 Stop. Yield and No Control at Intersections). Once the decision has been made to install two-way stop control, the decision regarding the appropriate street to stop should be based on engineering judgment. In most cases, the street carrying the lowest volume of traffic should be stopped. A STOP sign should not be installed on the major street unless justified by a traffic engineering study. I SUPPORT: I The following are considerations that might influence the decisi~ri regarding the appropriate street upon which to. install a STOP sign where two streets with relatively equal volumes and/or characteristics intersect: A. Stopping the direction that conflicts the most with established pedestrian crossing activity or school walking routes; B. Stopping the direction that has obscured vision, dips, or: bumps that already require drivers to use lower operating speeds; . .' c." Sioppmg the dITection that has the longest distance 6"[ . uninterrupted flow approaching the intersection; and D. Stopping the direction that has the best sight distance to conflicting traffic. The use of the STOP sign at highway-railroad grade crossings is described in Section 8B.7. The use of the STOP sign at highway-light rail transit grade crossings is described in Section 1 DCA. 2B-2 P.S1 2B.6 STOP Sign Placement ~ The STOP sign shall be installed on the right side of the approach lane to which it applies. V/hen the STOP sign is installed at this required location and the sign visibility is restricted, a Stop Ahead sign (see Section 2C.29) shall be installed in advance of the STOP sign. The STOP sign shall be located as close as practical to the intersection it regulates, while optimizing its Visibility to the road user it is intended to regulate. STOP signs and YIELD signs shall not be mounted on the same post. There should be no sign mounted back-to-back with a STOP sign in a manner that obscures the shape of the STOP SIgn. Compliance Date: December 22, 2013 I SUPPORT: I Section 2A.16 contains additional information about separate and combined mounting of other signs with STOP signs. Stop lines when used to supplement a STOP sign, 'should be located at the point'where the road user should stop (see Section 3B.16). If only one STOP sign is installed on an approach, the STOP sign should not be placed on the far side of the inter- section. Where two roads intersect at an acute angle, the STOP sign should be positioned at an angle or shielded so that the legend is out of view ,of traffic to which it does not apply. Where there is a marked crosswalk at the intersection, the STOP sign should be installed approximately 1.3 m (4 ft) in advance of the crosswalk line nearest to the approaching traffic. I OPTION: I At wide-throat intersections or where hvo or more approach lanes of traffic exist on tIle si~e.~"H~p:proach, obseDT!IDce o.f the stop contrql may pe :im.-pr,qv~gJ?Y J1l.1.'} installation of an additional STOP sign on the left side of the road and/qr the use of a stop line. At channelized intersec- tions, the additional STOP sign may be effectively placed on a channelizing island. I SUPPORT: I Figure 2A-2 shows examples of some typical placements of STOP signs. Multiway Stop Applications I SUPPORT: I Multiway stop control can be useful as a safety measure at intersections if certain traffic conditions exist. Safety concerns associated with multiway stops include pedestrians, bicyclists, and all road users expec!ing other road users to stop. Multiway stop control is used where the volume of traffic on the intersecting roads is approximately equal. The restrictions on the use of STOP signs described in Section 2B.5 also apply to multiway stop applications. 2B.? The decision to install multiway stop control should be based on an engineering study. The following criteria should be considered in the engineering study for a multi-way STOP sign installation: A. Where traffic control signals are justified, the multi- way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal. B. A crash problem, as indicated by 5 or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. Such crashes include right- and left-turn collisions as well as right-angle collisions. C. Minimum volumes: 1. The vehicular volume entering the intersection from . the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day, and 2. The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street approaches (total of both approaches) . averages at least 200 units per hour for the same 8 hours, with an average delay to minor-street vehicular traffic of at least 30 seconds per vehicle during the highest hour, but . . , 3. If the 85th-percentile approach speed of the major- street traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the above values. D. Where no single criterion is satisfied, bllt where . Criteria B,HG.l,and C.2 are all- satisfied-to 80 percent of the minimum values. Criterion C.3 is excluded from this condition. P.82 May, 2005 COrlumbia Heights FilimQre .. Lincoln MAP LEGEND: D WATER o PI\RK5 ;lLIMITSJ, D PIIRCElS M 00 6) 1---L__-1 I r~ Il!I I I I I rL-1 \ I ~J ..J I \- I I I J I ,... I _______ --- 1 inch;: 150 feet Map Date: 10/19/2005 Data Date: March 2005 Sou~ces: River's Edge GIS, LLC. COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: October 24, 200S AGENDA SECTION: Items for Consideration, Other ~~:inances and Resolutions '7 B ) ITEM: 2nd Reading of Ordinance No. 1499, Vacating a portion of 4Sth Avenue NE ORIGlNA TING DEPARTMENT: Community Development Clry MANAGER'S APPROVAL BY: Jeff Sargent (/ DATE: October 18, 200S dJ BACKGROUND: The Applicants, John and Lillian Sarkinen have requested the vacation of a portion of 4Sth A venue NE for the purpose of building an addition onto their existing garage. The land gained as a result of the vacation will serve to meet the 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 4Sth Avenue NE to the west of the Sarkinen property has been vacated, and the applicant pr9poses the continuation of the vacated right-of-way to extend across their northern property boundary. The City requires that the utility companies effected by the proposed vacation be contacted and send a conflTIllatioll 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 Planning and Zoning Commission which shall provide a report to the City Council either recommending approval or denial of the 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. RECOl"MrlEl"..J"DATIOl'-l: The PImlliing and Zoning Commission l1eld a Public Hearulg for the reqllest on Jllly 6,2005 mId voted to recommend City Council approval of the vacation as the request is consistent with City's Comprehensive Plan and zoning standards. RECOMMENDED MOTIONS: Move to waive the reading of Ordinance No. 1499, there being ample copies available to the public. Move to adopt Ordinance 1499, being an ordinance vacating a portion of 4Sth Avenue NE. Attachments: Ordinance No. 1499, Planning Report to Council, Location Map COUNCIL ACTION: P.84 ORDINANCE NO. 1499 BEING AN ORDINANCE 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 adj acent vacated 45th Avenue NE between the northerly extension of east and west lines of North Yi 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 part of a 10- foot wide strip of land being 5 feet on each side of a line drawn parallel with and 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: Date of Passage: Offered by: Seconded by: Roll Call: Mayor- Gary L. Peterson Patricia Muscovitz, CSM/Deputy City Clerk P.SS CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2005-0704 DATE: June 23, 2005 TO: Columbia Heights Planning Commission APPLICANT: John and Lillian Sarkinen LOCATION: 4446 Arthur Street NE REQUEST: Partial Vacation of 45th Avenue NE PREPARED BY: Jennifer Haskamp, Planner Introduction The Applicants, John and Lillian Sarkinen are requesting the vacation of a portion of 45th Avenue NE for the purpose of building an addition onto their garage. The northern property boundary adjoins the right-of-way owned by the city for the Minneapolis Water Treatment Facility. A portion of 45th Avenue NE west of the proposed area has already been vacated, and the applicant proposes continuation of the vacated right-of-way to extend across their northern property boundary. Planning Considerations The proposed partial vacation of 45th Ave NE will continue the vacated right-of-way east extending adjacent to the southern property boundary of the Minneapolis Water Treatment Facility. The right-of-way currently is not accessible and does not serve through traffic, or accommodate access points or garages. The proposed vacation will allow the applicant the opportunity to consider an addition to their existing garage. Vacating the right-of-way will not affect adjacent landowners or the existing traffic flow. All structures constructed on the vacated right-of-way will need to meet all necessary setback requirements, and will be reviewed prior to issuance of a building permit. Consistency with Comprehensive Plan The proposed vacation of 45th Ave NE is consistent with the Comprehensive Plan. The proposed vacation \,."ill not adversely impact the adjacent property owners or impact traffic flov'J. 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.86 City of Columbia Heights Planning Commission 4446 Arthur St. June 23, 2005 Case # 2005-0704 (Letter dated June 21, 2005) The Public Works Department attached a legal description of the proposed right-of-way vacation. Findings of Fact The applicant has proposed the vacation of a portion of right-of-way that currently sits vacant and does not serve any use. Portions of 45th Ave NE have already been vacated due to the proximity of the right-of-way to the Minneapolis Water Treatment Facility. The proposed vacation will not adversely impact adjacent properties. There are no utilities or other public easements that are necessary on the property according to the Public Works Department. The proposed vacation will afford the applicant the opportunity to construct an addition onto their existing garage thereby improving the current home and lot. The proposed garage addition will need to be verified for setback requirements prior to issuance of a building permit. The applicant provided a legal description of the property and a list of adjacent property owners. The applicant did not provide a certificate of survey. Prior to approval of the vacation of the right-of-way the applicant should submit a legal survey to ensure that there is an accurate description of the property and the vacated right-of-way. Recommendation Staff finds that the proposed vacation is consistent with the Columbia Heights Comprehensive Plan and with the regulations stated in the Zoning Ordinance. Staff recommends approval of the request for vacation of the right-of-way on 45th Ave NE conditional on the following: . That the applicant submit an official certificate of survey accompanied by a legal description. Staff recommends the Planning Commission recommend that the City Council approve the request to vacate the before defined right-of-way on 45th Avenue NE. Attachments . Location Map o Letter from Public Works - June 21, 2005 P.87 Page 2 --' , .,'r'::,~~-- .,., , ".',' I, ' " , ,', . '. :' .... I,' . . . 'I I .:. :1:'. I ',; C:: " ' ~. I I ' , I I ' , I I I : I I I : I I ' I : I I I I I . I I , I I : : I , , I I _. __ ' ! I . _~__~-:_~-_:.::_........-.....____-_:::.:-;.:-.-_::-_:__::';.-.-_';.';.-_..-_.:..:..:.';..:;:.7:..:-:_:-:_-_:'"_:-_..........__:-:_-::::_-_-~:_~-_-::~-_-::-::::_~_.::.-_~::L-.~~=~-~~-~.-~.~-.-._~~---~--..l--J --.m_____..... : --- - - --- - - (1!----- -- - - - -... - -- -- --- 450 1<If' I 4446 I! I I 4451 l' I /. '/ I n I /~b ~444 I r'l 4438 I ! ' 440 I I I / i i / 4437 I 436 I 4430 I j / I 4435 14432 l / / / / 4429 14428 I ~. 4420 / lei: / 4423 ( \l4424 1.tt4408//St'1 4417 C Iflglll Cl2llll'1 III\'Ior. Ed;. GIS, <8 City (if Columbia Height .. ' cuvlcSight Map . '. i'J N ~ ." ~ ~' " , ~ ~ MAP LEGEND: ~ ....ll. 0< WATER VALlIE CJ1 to pi WATER SERVICE .6. 'WATER PIPE fITTING @ WATER MAI'liOl.E P"WATER MAIN P'WATER LINE .......... .......... ...........-.......... f WATER. FIRE HYDRANT · 'SEWER METER STATION ---..--.... ................................. @ 'SCWER MAN~ @ 'seWER LIFT STATION I"' 'SEWER GRAVITY MAIN it SEWER FORCE MAIN #DRAlNAGE PIPE @ 'DRAINAGE MAt..tloLE f\J o DRAINAGe CA TCHBASIN . DRAINAGE d.c:.c.NOUT ~ o WATER ~ IW :PARKS - P L1MlTS.,A CO OPARCEl5 , , , *1 . - 9 ---1 I --__I I r~ I I I I r-'I _I ~I L., \ I - 1 Inch · 85 feel I I Map Dale: 6/3012005 ,J I L_________ Dala Dale: Match 2005 SDurces: Rlvel'& Edge GIS, LLC. - - I CITY OF COLUMBIA HEIGHTS PUBLIC WORKS DEPARTMENT TO: PERRY THORVIG, ACTING CITY PLANNER FROM: KATIiYJEAN YOUNG, ASSISTANT CITY ENGINEER ~~ SUBJECT: 4446 ARTHUR STREET DATE: JUNE 21,2005 The Public Works Department does not object to the vacation ofthat 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 Yz of Lot 17, Block 2, Walton's Sunny Acres AdcUtion to Columbia Heights Minnesota, Columbia Heights, Anoka County, Minnesota. P.89 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: October 24, 2005 AGENDA SECTION: Items for Consideration Other: Ordinances and Resolutions. "\ NO: l-~-~ ORIGINATING DEP ARTI\1ENT: Community Development CITY MA..NAGER'S APPROVAL ITEM: Second. reading of Ordinance No. 1500, vacating a portion of Lookout Place BY: Jeff Sargent 1/ DATE: October 18, 20050> J nf\-/ _ r~ /' ",/ LL --- I (I ,r-t BACKGROUND: The second reading of Ordinance No. 1500, vacating a portion of Lookout Place, in association with the Final Plat for Sarna's Addition, was scheduled to be heard at the October 24,2005 City Council meeting. This was contingent on the applicants having all other approvals for the project in place. At this time, the applicants do not have all necessary approvals granted in order to establish a second reading of Ordinance No. 1500, vacating a portion of Lookout Place. For this reason, tins item will be tabled to the November 14, 2005 City Council meetLng. If the necessa.ry approvals are not Ln place for the Sarna's Addition plat at this time, Ordinance No. 1500 will need to be tabled once again. RECOMMENDATION: City Staff recommends that the City Council table Ordinance No. 1500, vacating a portion of Lookout Place for the November 14,2005 City Council meeting. RECOMMENDED MOTION: Move to table the second reading of Ordinance 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 1500. COUNCIL ACTION: P.90 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 property, to wit: That part of Lookout Place lying between two 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 47 and the southerly line being drawn from the most southwesterly comer of Lot 17, Block 68, Columbia Heights Annex to Minneapolis, to the southeast comer 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: 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. Section 3: First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: IvIayor- Gary L. Peterson Patricia Muscovitz, CSM/Deputy City Clerk P.9! -:.------_.._-'-~~........._,.._-~ --------~---------- - ..----..---.---.--- L- 40TH A VE~.IUE N. E. FT. 80 R/\.j :/p'::;. :: .v r 0" ~~ ~; ~~~ ~~~ "~. a........ lie i~ I~ I I i I: - I i I I I i I I "'/-- ... .~. :..... r\ I i I I 10 I J ~ J > ( o . " . . .,,: ~ ~ ... -- (/) 'f' ~'5 ~ 0 ~> '" -~ T jlll' ;; Inl -- . r- ~ -..' ..r . ~ " , ]J~ '"" STORr 91lJeY. BUILDtNG .::.. !..l:) :J} :x w > rPa)'..:> ~"'" ~. ; ;'/ ~- ~- z => BUSHES rr, I'" ....--- 1I1(./.1l1l il1~ t.:J U) ,P' '~1t ,E,l' ::t~ " "' I! 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Sur."l'ed !fltl"n Thu Salid Boundary lOllS. alal:k dB. logll'rher _irh 'he, eou 30.UO feel ~r Ihl!' yaCQ11!'U LookoUf Plec:e OCl:rUJIl9 Iher...1D. ^,d [~~tl.r.Qa'la~( ~hBe. eau 30,00 f el!l .If yal:Qled Loo:"aul Ploes. _hieh 'o~[d lll:l:rulI 10 ",d Lal 16 and rhot earl or Lor 17. Bloc;h riB. IYlller 'oulhw'Hler!v erf rhe following dlllerlb13u 'Line 1 .:.nd na!"rh.,tllerlr af rhe fana_,n!: deserlbed .line 2'. Une r B091nnin9 al II pain I On the 'ol/Ik line 01 Joid llll /7. didan' 21.00 r lIet -ellerlv of liu. ,ourhoall c;crna!"; lhence /I'Ulh'lIIll1r1y la 0 pallll !:In Iho _ell line Jaid ;,oml t~';92~ao.ao fasl l!:Iurherly of Ih" <farrh_est earner and rhere lerl:llnale. . B.,glnmn9 01 D painl all the narth Ima of said Lal 17, dislanl 10.00 reel oa'hlrly of the nonh_e., C!lrner: lhenee la~lhU'Uflrly to a palllr 1:1" Ihe _O!tf lin<: loio' f:~~'hbe~II;II~'?h~ reao",'1 30o.18odi"..:/ ~ro~::;:~Jei.~o'io;~ntpt~~: ~~~~,~r;r;h:~~~~. All III Colulllb,a Hllighu -'lnne-" 10 /"flnn~opolil. 1\nol:o CO::llmlY Minnelola. ^,d ~~~14~~r:a;~lk:: ~1~h;nltela.u~~~rjYD.O~ rp:~, P~rt y~~~~~df ra;~~~~ ~~:~ ~~~:,~~ ~~drelo, and i1lfO togelher li'h fhe ~ocoted !Iall 30.00 feer of Unt~erfj/r ....~illll/e. The nank half of lal 2. lis dere!"::lllled by praDOrlll:l1loJ mrUl:uremen.ls alonq rhe eO:l' ant! urst linlU. roglllner ."n Ih" _.on I ~O.QO feel of fOl:Uled laa~auj Plul:t! '.lccr~lng thoroJo, and also laglllhl!'r lfl1h Ihe "acureQ eehl 30.00 fellf of UlIlVllrllly I\ve'lUIiI, All 'n R>l!arranqemeM af Black E. Cllh.lClblo Helghrs ,\nne:. ra Hinneaaolil. ^noka COI/IlI1"i1inn.esala. . ~ DENoTES IRON P JPE IJDN.AlENT FfJt.lNO DENoTEs !RON PIPE ~.AlENT SET OeroTEs _\lAG NAIL ItNO DISK seT OB-IOTes exiSTING SI\NrT....Ii'r SSo'ER _1_ DENOTEs exiSTING 'J^TE:R 1.I^IN OENvTES EXISTING G^S !JAIN DENo~S EXISTING CO~C~ETE CURB CUT DENoTEs 5 FOOT CONTOIJR LitlE DEUOTES 1 FeOT CONTOUR LINE DENOTES 8(ISTlNQ SPOT ElEV^TION ~ OENOTI::S CHAIN Lll'-<< F"ENCE '" -i>€-D-l>>IE_ OEl'IOTE:S i'O\lER POLE' OVEflHEno ELECTRIC -"~:r_ DEt~On:S TELEPHONE P=DEST^L I l!\IOERGROL1NO TE!..E?NONl; [====:J DENoTE:S CONCRETE SU;oF^CE ~ DENOTES Bl^Ct':TOP' ':DNCRETE ARE.-. IPOOR CQ.ND1T!ONl ~ ~ FOR THIS PLAN. THE E.-.ST LINE OF llNl'/EliSJT, 1IVENL:e. 15 I\S'S(;l.AEO TO 3Er\.R S 01'S<l'09-E. TOTt1l t\Rf't\ <'F ~O'.J'-IO^RY . ~J.9EOt SO.FT. OR I.J t1CRES BENCHMRI(: TN-i...r ~l1tH _ LOGKOUT'El.E'I.l15.3-5 leln Dt\11Alr aeICH.lARt<; TNH ^T SUo.u./.T _ lOQKlJUT'ElEV. 205.6~ (CtTY !)Al1JUJ :;C,iLE F~:r ~roTE: TH I s: SlIRVEY ....^S DOrlE V I THJuT THE SENEF I T OF "NY TlTLE SEIoflCI-! QR OPINtON. THE LEG^L DESCRIPTION AS S\1I1\.1N IS ,\ t;OIJ?IL^TlC/-1 OF T;,-.: DE5CRIi'Tr0f\J5 ,If''O PROPOSED STREET ':AC;.rIOl'I~ TO 81: f0RTliCCl./INiJ. :;:;.lI.I:, , IICH . 1'" FEFT " J ~ e W 4 C .. ~ ~ ~ " . ~ r- c u w c ~ w w in >- I ~>- CL :=J3!e& QJ ~~8 VJ::1 n.. <: CJ C9 LU Z- ~ ~,~S ~ ~~3 en --1 --1 U) _ 0:: r~~ rl !; z: (j ~ 0::: o<l . u ~ P- U) 0:: ~ CO -<-~. -. -;-;;;;'" ~. =:;-!:..: ,-1. i:;;~ - ;~ ~iILt:T ~! u . :z: - r:- - :.l:~ ';tQg C .E!: ~ ~ ~~ >- ~~~ <il0 ~ = o:~ p. U1 ~ ~ j; :I: " E-- ~ ~... 0:: ... 0 ~ po. ~ ~ 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 proportional measurements along the east and west lines. Rearrangement of Block E, Columbia HeightsAnnex to Minneapolis. P.93