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Home My WebLink AboutApril 10, 2006 Regular CITY OF COLUMBIA HEIGHTS ADMINISTRA TlON Mavor Gary L. Peterson C oundlmembers Robert A. Williams Bruce Nawrocki Tammera Ericson Diehm Bruce Kelzenberg Citv Manaeer Walter R. Fehst 590 40th Avenue N.E.. Columhia Heights. MN 55421-3R]H (763) 706-3600 TDD (763) 706-3692 Visit Ollr Web.vite at: It'II'II'.ci.colll/llbia-heigllls./Il11.IIS The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, April 10, 2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDERlROLL CALL/INVOCA TION Invocation by Dave Briley - Oak Hill Baptist Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONSIDELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations 1) Prayer Breakfast B) Presentations - none C) Introduction of New Employees 1) William Haugen - Assistant Liquor Operations Manager D) Recognition - none P4 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business. ) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Approve City Council Meeting Minutes for March 27,2006 regular City Council meeting P5 MOTION: Move to approve the minutes of the March 27,2006 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) MOTION: Accept the minutes of the January 24,2006 Economic Development Authority P20 meeting. b) MOTION: Accept the minutes of the April 4, 2006 Planning and Zoning Commission meeting. P24 3) Adopt Resolution No. 2006-47, regarding the Labor Agreement between the City of Columbia Heights and the International Union of Operating Engineers. Loca149, effective January 1. 2006 - December 31. 2007 P39 City Council Agenda April 10, 2006 Page 2 of3 MOTION: Move to waive the reading of Resolution No. 2006-47, there being ample copies available to the public. MOTION: Adopt Resolution No. 2006-47, regarding the Labor Agreement between the City of Columbia Heights and the International Union of Operating Engineers, Local 49, effective January 1, 2006 - December 31, 2007 4) Authority to run the Police Department Grid 8 Detail from mid May to the end of September in 2006 P44 MOTION: Move to authorize up to $15,000 in overtime funds to be used by the Police Department to place an additional officer in the grid 8 area for up to 20 hours per week from May to September 2006 and to appropriate $6,786.14 from unexpended 2005 funds and an additional $8,213.86 from the General Fund, unreserved fund balance for this purpose. 5) Resolution 2006-50, Conditional Use Permit for Seasonal Agricultural Sales, Case #2006-0402 P53 MOTION: Move to waive the reading of Resolution 2006-50, there being ample copies available to the public. MOTION: to adoft Resolution No. 2006-50, approving the operation of a seasonal mini-garden center at 2261 3i Avenue NE from April 15,2006 through July 15,2006, subject to the conditions outlined in the Resolution. 6) Approve the items listed for rental housing license applications for April 10,2006 P70 MOTION: Move to approve the items listed for rental housing license applications for April 10, 2006. 7) Approve reissue of rental housing license for 1124-26 45th Avenue as complies with City Code P72 MOTION: Move to issue a rental-housing license to DeIanza Elliot to operate the rental property located at 1124-26 45th Avenue NE in that the provisions of the residential maintenance code have been complied with. 8) Approve Business License Applications P73 MOTION: Move to approve the items as listed on the business license agenda for April 10,2006 as presented. 9) Approve Payment of Bills P76 MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 116582 through 116751 in the amount of$498,343.91. 10) Adopt Resolution No. 2006-51, being a Resolution to accept gifts received by the City of Columbia Heights from December 2005 through March 2006. p83 MOTION: Move to waive the reading of Resolution No. 2006-51 there being ample copies available to the public. MOTION: Adopt Resolution No. 2006-51, being a Resolution to accept gifts received by the City of Columbia Heights from December 2005 through March 2006. 6. PUBLIC HEARINGS - none 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions - none B) Bid Considerations -none C) Other Business 1) Discussion on modifying the Wine and Beer License for Billiard Halls p85 -2- City Council Agenda April 10, 2006 Page 3 of3 2) Adopt Resolution 2006-48, Conditional Use Permit for Off-Street Parking at 3827 Central Avenue. Case #2006-0201 P107 MOTION: Move to waive the reading of Resolution 2006-48, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-48, approving an off-street parking facility located at 3827 Central Avenue, subject to the conditions stated in the Resolution. 3) Adopt Resolution 2006-49, 2-foot Parking Stall Length Variance for Sarna's Restaurant, Case #2006-0401 Pl19 MOTION: Move to waive the reading of Resolution 2006-49, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-49, being a Resolution approving a variance from certain conditions of the City of Columbia Heights Zoning Code for Sarna's Restaurant, to approve the 2-foot parking stall length variance subject to the stated conditions. 4) Appoint Activity Center Advisory Committee P 132 MOTION: Move to appoint residents interested in participating on the Activity Center Advisory Committee Members as identified in the council letter list. 8. ADMINISTRATIVE REPORTS A) Report ofthe City Manager B) Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT 0;:;g-/?f:/~ Walter R. Fehst, City Manager WF /pvm - 3- '-i - ,-i - \ PROCLAMATION COLUMBIA HEIGHTS COMMUNITY PRAYER BREAKFAST COLUMBIA HEIGHTS, MN WHEREAS, in 1952 an event was inaugurated by leadership groups in the United States Senate and the House of Representatives and, WHEREAS, a voluntary committee of citizens has joined together in celebration of Columbia Heights to sponsor the Columbia Heights Community Prayer Breakfast, and WHEREAS, it shall be proclaimed "A Day of Personal Rededication in Columbia Heights," calling upon all citizens to join in quiet reverence and dedication as stated in the Declaration of Independence: "We hold these truths to be self-evident; that all men are created equal; they are endowed by their Creator with certain unalienable rights; that among these are life, liberty and the pursuit of happiness; that to secure these rights, governments are instituted among men. . . " NOW, THEREFORE, I, Gary L. Peterson, Mayor of Columbia Heights, do hereby proclaim Wednesday, May 11,2005, as the date of the Columbia Heights Community Prayer Breakfast. 5 -1\- I OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MARCH 27, 2006 THESE MINOTES HAVE NOT BEEN APPROVED. The following are the minutes for the regular meeting ofthe City Council held at 7:00 p.m. on Monday, March 27,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Walt Fehst, City Manager, gave the invocation. PLEDGE OF ALLEGIANCE - recited ADDITIONSIDELETIONS TO MEETING AGENDA - none PROCLAMATIONS, PRESENT A TIONS. RECOGNITIONS AND GUESTS A) Proclamations 1) National Library Week Mayor Peterson read the National Library Week Proclamation and presented it to Pat Sowada and Lynette Thompson of the Columbia Heights Library Board. Sowada thanked the Council for their support. Becky Loader, Library Director was also present. B) Recognition 1) Officer Paul Bonesteel, Metro Area Traffic Officer of the Year Bob O'Brien, MN Safe and Sober program and Gordie Pehrson Minnesota Department of Public Safety presented Columbia Heights Police Officer Paul Bonesteel the Metro Area Traffic Officer of the Year award. They commended Officer Bonesteel on his successful efforts to reduce crashes and educate the public. They indicated the high prestige of this award. Officer Bonesteel expressed his thanks for the award and thanked his fellow officers and staff that gave their support in education, enforcement and acknowledgement. He indicated with pride that this program has reduced accidents in our community. Miscellaneous Three Boy Scouts from Troop #119 introduced themselves, stating they were present to work on their citizenship and community merit badge. Nawrocki recognized Joe Orendorff in the audience, stating that Mr. Orendorff was previously a City Council member. During his tenure the building of the library was authorized. Mr. Orendorff addressed the Council, indicating that when he was 24 years old he flew 29 bombing missions during WWII. He stated that he has a war memorial room in his home for those interested to visit. Peterson stated that Council has recommended the naming of a street after Mr. Orendorff in the Huset Park Phase II development. CONSENT AGENDA Walt Fehst, City Manager, took Counciimembers through the Consent Agenda items, 1) Approve City Council Meeting Minutes for March 13,2006 regular City Council meeting Motion to approve the minutes of the March 13,2006 regular City Council meeting as presented. Nawrocki indicated that upon watching the last meeting on cable TV he noted that we put most everything on the consent agenda, which allows very little discussion. This should be to give the public the information they are entitled L:: 5,:egarding the purchase of trucks under the City Council Minutes March 27,2006 Page 2 of 15 budgeted amount, brings up the question if the proper work was done and we over budgeted for them. It will be interesting to see if the money that was saved will be available at the end of the year or used for something else. Regarding the resolution supporting transit funding, remember in the past these funds supported state aid and with this change the funds would no longer go there. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes of the March 2,2006 Library Board of Trustees meeting. b) Motion to accept the minutes ofthe February 22,2006 Park and Recreation Commission meeting. c) Motion to accept the minutes of the March 13,2006 Traffic Commission meeting. 3) Establish Work Session meeting date for Monday, April 3, 2006, beginning at 6:00 p.m. in Conference Room 1 and to schedule a loint meeting with the School Board at 7:30 p.m. at the School District Office Motion to schedule a City Council Work Session for Monday, April 3, 2006 beginning at 6:00 p.m. in Conference Room 1 and to schedule a joint meeting with the School Board at 7:30 p.m. at the School District Office. Fehst stated there would be a meeting with the Charter Commission on proposed changes and a joint meeting with the School Board. Nawrocki indicated that it was agreed upon not to schedule meetings for the third Monday of the month. 4) Appointment of Board and Commission members to expiring terms. Motion to re-appoint to the Library Board - Barb Miller and Catherine Vesley for three year terms; to the Park and Recreation Commission - David Payne and Kevin McDonald for two year terms and Eileen Evans and Marsha Stroik for five year terms; to the Planning and Zoning Commission Rob Fiorendino for a four year term; to the Police and Fire Civil Service Commission - Harold Netkow for a three year term; to the Telecommunications Commission- Kenneth Henke, Bob Buboltz, Dan Swee and Bradley Peterson for two year terms; and to the Traffic Commission - Ed Carlson and Joseph Goodman for four year terms effective Aprill, 2006. Nawrocki stated that the matter of appointments was something the Council always discussed, but now they are put on the consent agenda without discussion. It was in the City newsletter encouraging residents to apply for City Boards and Commissions. 5) Accept grant and approve contract to participate in Safe & Sober program May 22 to June 4, 2006 Motion to authorize the Mayor and Chief of Police to enter into a contract with the State of Minnesota Department of Public Safety for a Safe and Sober overtime grant in the amount of $3,000. Nawrocki asked if there is a cost to the City for this program. Fehst stated no. Nawrocki asked how many hours of work we get for the $3,000. Police Chief Tom Johnson indicated it varies with different rates of pay, but estimated approximately 80 hours totaL He indicated that thanks to Officer Bonesteel no match is required and if there are remaining funds they call cities like us that they know will put in a good effort and give it to us. -6- City Council Minutes March 27, 2006 Page 3 of 15 6) Authorize Joint and Cooperative Agreement for formation and administration of the Anoka- Hennepin Narcotics and Violent Crimes Task Force Motion to authorize the Mayor and the City Manager to enter into a Joint and Cooperative Agreement for the formation and administration of the Anoka-Hennepin Narcotics and Violent Crimes Task Force and to approve the payment of$4,596 as the City's part of the 2006 federal grant match, with funds to come from the unexpended funds in the 2006 Police Department budget, Personal Services section. Nawrocki questioned where the officer would be stationed. Fehst stated they are plain-clothes officers and work from an undisclosed location in Anoka County. 7) Approve change of westbound right lane 3ih Ave. at Central Ave. to right turn only lane Motion to direct the Public Works Department to change the westbound right lane of3ih A venue NE at Central Avenue NE to a right turn only lane, with appropriate striping and slgnage. Fehst stated this went before the Traffic Commission and the Police Department with agreement that this spot warrants more control. Nawrocki questioned backups from traffic going straight and turning traffic using the same lane and the number of accidents at this location. Johnson explained the danger of the current situation where people pass on the right. We will look to extend the time of the traffic light and will clearly mark the intersection. There have been five accidents at this location. 8) Adopt Resolution No. 2006-37 awarding Crack Sealing, Resolution 2006-38 awarding Street Striping and Resolution 2006-39 awarding Seal Coat Motion to waive the reading of Resolution No. 2006-37, there being ample copies available to the public. Motion to adopt Resolution No. 2006-37, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2006 Crack Sealing Project to Bergman Companies, based upon their low, qualified, responsible bid in the amount of $0.46 per lineal foot with an estimated cost of $12,880.00 to be appropriated from Fund 212-43190- 5130. Motion to waive the reading of Resolution No. 2006-38, there being ample copies available to the public. Motion to adopt Resolution No. 2006-38, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2006 Street Striping Project to Bergman Companies, based upon their low, qualified, responsible bid in the amount of$13.95 per gallon with an estimated cost of $2,206.89 to be appropriated from Fund 212-43190-4000 and $309.69 to be appropriated from Fund 101-43170-4000. Motion to waive the reading of Resolution No. 2006-39, there being ample copies available to the public. Motion to adopt Resolution No. 2006-39, being a resolution awarding the Joint Powers Agreement Contract with the City of Coon Rapids for the 2006 Seal Coat Project to Allied Blacktop Company, based upon their low, qualified, responsible bid in the amount of $1.15 per gallon of emulsion and up to $39.50 per ton of aggregate with an estimated cost of$40,292.53 - 7- City Council Minutes March 27, 2006 Page 4 of 15 to be appropriated from Fund 415-50601-5130 and $27,563.49 to be appropriated from Fund 430-46323-5130. Fehst stated that we are the only city involved in crack sealing this year. RESOLUTION NO. 2006-37 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2006 STREET MAINTENANCE, CRACK SEALING TO BERGMAN COMPANIES WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2006 Street Maintenance, including Columbia Heights Crack Sealing Project, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Amount Bergman Companies $ 12,880.00 Astech Asphalt Surface Technologies $ 17,892.00 Allied Blacktop Company $ 19,600.00 Fahrner Asphalt Sealers $ 19,600.00 WHEREAS, it appears that Bergman Companies of Eau Claire, Wisconsin, is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MN 1. The City of Coon Rapids is hereby authorized to enter into a contract with Bergman Companies on behalf of the City of Columbia Heights for 2006 Street Maintenance Materials, according to the specifications for said project and accepting Crack Filling Base Bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Crack Sealing Project shall be funded with 100% State Aid maintenance funds. RESOLUTION NO. 2006-38 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2006 STREET MAINTENANCE, STRIPING PROJECT TO BERGMAN COMPANIES WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2006 Street Striping, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Company Amount Bergman Companies $ 78,810.00 Traffic Marking Services $ 82,635.00 AAA Striping Service Co. $ 83,832.00 United Rentals Highway Technologies, Inc. $ 106,780.00 WHEREAS, it appears that Bergman Companies of Eau Claire, Wisconsin is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MN 1. The City of Coon Rapids is hereby authorized to enter into a contract with Bergman Companies on behalf of the City of Columbia Heights for 2006 Street Striping, according to the specifications for said project and accepting Traffic Markings Base Bid. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Street Striping Project shall be funded with 85% State Aid maintenance funds and 15% general funds. P~SOLUTION NO. 2006=-39 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 2006 STREET MAINTENANCE, SEAL COATING TO ALLIED BLACKTOP COMPANY WHEREAS, the City Council of Columbia Heights entered into a joint powers agreement with the City of Coon Rapids to administer the public bidding process including entering into a contract with the low, qualified, responsible bidder, and WHEREAS, pursuant to an advertisement for bids for 2006 Street Maintenance, Seal Coating bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: -8- City Council Minutes March 27, 2006 Page 5 of 15 Company Allied Blacktop Company Pearson Brothers Astech Asphalt Surface Tech. Base Bid Amount (Trap Rock) $ 1,151,346.60 $ 1,219,581.51 $ 1,451,488.75 Alternate Bid Amount (Granite) $ 1,064,106.10 $ 1,176,791.51 $ 1,410,698.75 WHEREAS, it appears that Allied Blacktop, 10503 89th Ave. No., Maple Grove, MN is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MN 1. The City of Coon Rapids is hereby authorized to enter into a contract with Allied Blacktop Company on behalf of the City of Columbia Heights for 2006 Street Maintenance Seal Coating, according to the specifications for said project. 2. The City Manager of Columbia Heights is authorized to expend funds in accordance with the terms of the Joint Powers Agreement and the Bid Documents. 3. City Project shall be funded 60% by assessments and 40% from Infrastructure Fund. 9) Adopt Resolution No. 2006-45, Plans/Specs, and advertisement for bids - 2006 Street Rehab Motion to waive the reading of Resolution No. 2006-45, there being ample copies available to the public. Motion to adopt Resolution No. 2006-45, being a Resolution approving Plans and Specifications and ordering Advertisement for Bids for 2006 Street Rehabilitation, Zone 7B and lA, City Project Number 0502. Fehst stated this is for Zone 7B and lA, the final loop of the city and the beginning of the next go around. RESOLUTION 2006-45 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, CITY PROJECT 0502 WHEREAS, pursuant to a resolution passed by the Council on March 6, 2006, the City Engineer has prepared plans and specifications for the Full Street Reconstruction on 38th Avenue (Dead-end to Main St) 2nd Street (37th Ave to 38th Ave and 39th Ave to 40th Ave), 2Y2 Street (37th Ave to Edgemoor Place) and Edgemoor Place (2Y2 St to 3rd St); Partial Street Reconstruction on California Street (39th Ave to Cul-de-sac), 2nd Street (38th Ave to 39th Ave), 2 Yz Street (Edgemoor Place to 3rd St)and 3rd Street (Edgemoor Place to 40th Ave); and Mill and Overlay on 39th Avenue (California St to Main St), Edgemoor Place (2 Y2 St to 40th Ave), 3rd Street (38th Ave to Edgemoor Place), 38tlJ Avenue (3rd St to Dead-end), 42nd Avenue (2nd 5t to 3rd 5t), 2nd Street (43rd Ave to 44tlJ Ave), Tyler Place (43 Yz Ave to 45th Ave), 43 Yz Ave (Dead-end to Cul-de-sac), 44 Y2 Avenue (Tyler PI to Cul-de-sac) and Buchanan Street (44 Yz Ave to 45th Ave) and has presented such plans and specifications to the Council for approval. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MN 1. Such plans and specifications identified as 2006 Street Rehabilitation, Zone 7B and lA, City Project Number 0502 are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m. on May 2, 2006 at which time they will be publicly opened at the place designated, will then be tabulated and \viH be considered by the Council on May 8,2006 in the Council Chamber. ~A...ny bidder \vhose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. 10) Approve the items listed for rental housing license applications for March 27,2006 Motion to approve the items listed for rental housing license applications for March 27,2006. -9- City Council Minutes March 27, 2006 Page 6 of]5 11) Approve reissue of rental housing license for 4642 Taylor Street Motion to issue a rental-housing license to Becky Xiong to operate the rental property located at 4642 Taylor Street NE in that the provisions of the residential maintenance code have been complied with. 12) Approve Business License Applications Motion to approve the items as listed on the business license agenda for March 27, 2006 as presented. 13) 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 116388 through 116581 in the amount of$I,158,384.09. Nawrocki questioned check #116574 to Trans Alarm for installation of a key card system at the water tower, if it replaces a key system, why this is necessary when not many people go there, and competitive bids were not received. Fehst indicated that as with any key system, there is the possibility of old keys being available and this facility requires security and access control. A card can be reprogrammed if it is lost and we have a record of everyone that comes or goes from the facility. Some ofthe security cost was paid with Anoka County radio system funds. Nawrocki indicated this cost almost as much as the system for all of city hall. Motion by Diehm, second by Williams, to approve the Consent Agenda. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A) Adopt Resolution No. 2006-46 being a Resolution approving abatement at 666 46 Y2 Avenue. Fire Chief Gary Gorman distributed pictures of the property and indicated this process started on November 30,2005. There is a tree pulled from the ground that has damaged the neighbor's fence and foundation. The abatement would be to remove the tree, repair the fence and fill in the hole. Diehm questioned if staff spoke to the property owner. Gorman stated that Assistant Chief Larkin has spoken to them several times, but there has been no progress toward resolution. Mayor Peterson opened the public hearing. Motion by Williams, second by Kelzenberg to close the public hearing and waive the reading of Resolution No. 2006-46, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-46, a resolution of the City Council of the City of Columbia Heights declaring the property at 666 46th -1/2 Avenue NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: lll>11 ayes~ Motion carried. RESOLUTION 2006-46 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 Andrew Watson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 666 46-1/2 Avenue NE Columbia Heights, Minnesota, -10- City Council Minutes March 27, 2006 Page 7 of 15 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 March 10, 2006. 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 I. That on November 30, 2005, an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on January 9, 2006, inspectors reinspected the property and found that three violations remained uncorrected. 3. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: a. Shall remove the downed/dead tree in the back yard, shall remove aIVany brush from the tree, all/any branches shall be removed from the property. b. Shall fill in the hole left by the stump, shall grade and sod/seed/landscape the area. c. Shall repair/replace the fence. 4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 666 46-1/2 Avenue NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 666 46-1/2 Avenue NE constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4.That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) Second reading of Ordinance No. 1507, being an Ordinance amending Ordinance No. 1490 City Code of2005, adopting the proposed zoning amendments. Jeff Sargent, City Planner, stated this is a zoning amendment related to swimming pools and hot tubs. It would allow for childproof covers on hot tubs rather than requiring a six foot high fence. Nawrocki questioned the safety and indicated there would not be a guarantee the cover would be in place. Sargent stated that is the owner's responsibility, the same as closing the gate on a fence. Diehm questioned if this is only on hot tubs and not for pools. Sargent stated hot tubs only. Motion Williams, second by Diehm, to waive the reading of Ordinance No. 1507, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Ordinance No. 1507, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments. Upon vote: All ayes. Motion carried. - 11- City Council Minutes March 27, 2006 Page 8 of 15 ORDINANCE NO. 1507 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING TO SWIMMING POOLS AND HOT TUBS The City of Columbia Heights docs ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to read as follows: ~ 9.103 DEFINITIONS. SWIA1MING POOL, ABOVE GROUND. All swimming pools that are constructed so that the edge of the pool is greater than three and one-half (3.5) feet above ground grade or has a capacity of more than three-thousand (3,000) gallons of water. SWIMMING POOL, HOT TUB. All pools that are intended for hydro-therapeutic massage and relaxation purposes that have a capacity of less than seven-hundred fifty (750) gallons of water, including such pools generally constructed with a filter unites), pump(s), water jet(s), molded seating and a heating unites). Any hot tub greater than 750 gallons of water shall be considered an aboveground pool for regulatory purposes. SWIMMING POOL, IN-GROUND. All swimming pools constructed so that the pool edge is level with the ground grade. Chapter 9, Article I, Section 9.106 (C)(4) of the Columbia Heights City Code, Is thereby amended to read as follows: (C) Accessory uses and sfnlctures (4) Private swimming pools and courts. All private swimming pools, tennis courts, ball courts and other private recreational facilities are subject to the following standards: (a) The facility in not operated as a business or private club. (b) The facility is not located within any required front or side yard. (c) The facility is set back at least five feet from any property line, including any walks, paved areas or related structures or equipment. (d) For swimming pools, the pool itself, the rear yard, or the entire property shall be enclosed by a non-climbable wall, fence or combination thereof at least six feet in height, with a self-closing gate capable of being secured with a lock so as to prevent uncontrolled access by children. If the only access is through a principal or accessory structure, such point of access shall be lockable. In the case of aboveground pools, polls sides that are vertical may contribute to the required fencing, provided all points of access are controlled to prevent access by children, including the removal of all ladders or stairs whenever the pool is not in use. (e) For in-ground pools, the pool is set back at least six feet from the principal structure. (f) Hot tubs shall not be located within five (5) feet of any side yard or rear lot line, or within any required front yard. Such pools may be equipped with a child-resistant, lockable cover in lieu of a six-foot tall fence. Hot tubs are pennitted on attached or detached decks if it can be proven that the deck is engineered to be structurally sound enough to support the bearing load of the hot tub. (g) Lighting shall be so oriented so as not to cast light on adjacent properties. (h) The facility shall not be located within any drainage or utility easement. (i) Any accessory mechanical apparatus shall be located at least 30 feet from any residential structure on an adjacent lot. U) All swimming pools containing more than 3,000 gallons or with a depth in excess of 42 inches (3.5 feet) shall require a building pennit from the city. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage 2) Second reading of Ordinance No. 1500, vacating a portion of Lookout Place Sargent stated this was originally tabled until tonight, contingent on requirements being in place. Progress stumbled, but is now on track and the second reading of the Ordinance can be scheduled for May 8. Motion by Diehm, second by Williams, to table the second reading of Ordinance No. 1500, vacating a portion of Lookout Place, for Monday, May 8, 2006 at approximately 7 :00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. Other Business 1) Participation Process for the Activity Center Proiect F ehst stated that last year the City Council abandoned doing a study for the building of gyms and community center space until after the vote on the School District operational levy. It is now time to begin again. At that time we had communicated with Mark Ruff and Jill Schultz of Ehlers and Associates regarding determination of the level of need in the community. We meet last week with representatives of the School District and people that volunteered to serve on the committee. The number interested in participating was expanded at the meeting and will continue to expand. The cost for the process recommended tonight is $35,540. There would -12- City Council Minutes March 27, 2006 Page 9 of 15 also be costs for three publications and postage sent to the entire community. Williams questioned if Fehst spoke to the firm used by the School Board. Fehst stated they would not have been able to meet with him until May, and that the Superintendent had no problem with moving ahead now. Williams stated that the School Board is "arm-in-arm" with us on this issue. Nawrocki questioned if they are willing to share the cost. Fehst stated no, as they know we have set aside $3 million for this project. We had not anticipated their contribution but would accept it. It is our determination to move ahead with the project. Nawrocki expressed concern with this cost and that the proposal began with gym needs for our recreation programs and the school needs. This is for kids and should be a joint venture with the School District. Now discussion includes a health center and pool, which would compete with the private sector. We need information on the programs we need versus what we desire and the cost to run such a facility. The study will be a selling job to the public. To find what people want there should be a vote, as this has been voted down twice. The committee needs to include people that do not support the project and those that have not made up their mind. We need to get more bids rather than one proposal. Nawrocki indicated he has found out that a grant application for $4 million was made without Council knowledge or approval; this is jumping the gun. Williams agreed that the schools must be involved, along with people violently opposed so we work with everyone in the community. If an activity center were voted on, it would pass. He stated that there is a need for such a facility. The issue of finances will come, and we have not ruled out the YMCA. Weare committed to this as a city. He stated that the Mayor and Councilmember Diehm met with Representative Sabo and it would be wonderful if we received $4 million. Fehst stated that there has always been the request to raise funds through grants, and in meeting with Sabo and his staff we discussed the replacement of the 49th Avenue bridge walkway and grant funds going toward an activity center or gyms. Fehst stated that we would be remiss to not apply if they are willing to put forward our request. Nawrocki stated he is not opposed to grant funds and would support building a gym ifit were in conjunction with the schools and if voted on by the public. He stated that he met with Sabo twice without mention of gyms, but about the bridge on 49th. The bridge topic has not been presented to the Council. With the knowledge that he was going to Washington he should have been told. Funding items were all for Hennepin County and when he asked why there was no money for Anoka County and Columbia Heights he was told that we did not ask for any. When applying for money, you should know what you are asking for. We need to know what the operating costs would be, who would pay for them, and were the money would come from. Nawrocki stated he would vote against this item. Diehm indicated that at the council meeting after their meeting with Sabo, the City Manager mf"ntionf"ti it ~nti it Ui~<:: mf"ntionf"ti in tillnna ('{"\lIn('il ('{"\rnpr rpo<>rrl,no thP hnrlae and prn.;npnt ...........- ...............-...-- .... - ...- ...... .. -...... ..........-.................... -- .......... --...............0 ............-......t..........JI. ...........A................., ....-o-...~.."'...t::> !l,.J..l"" VA .1."""6 J. \",o'LJ...1.1.1..i""-' L domain. Staff is encouraged to look for any unique funding opportunities and not wait for council action. We want to move ahead with the planning process, as the goal is to help the youth of our community. Whether we pay for this or the School Board does, we should remember it is all tax money. Diehm stated that she had no problem spending funds for this process, as her mind is not made up. This has been discussed for many years and we should invest this money to do things the right way. The preliminary information given by Krause Anderson regarding costs for gyms and alternates will come in handy in the future. Costs were -13- City Council Minutes March 27, 2006 Page 10 of15 quite shocking and this will be a good debate for our citizens and this committee. We repeatedly asked residents to get involved, regardless of where they fall on the issue. This is not just a process for the supporters, but for those against and those that are undecided. Through this we will have a better project. Streetar stated that the consultant will not "sell" the process. The residents will drive this six to eight month process with the Council making the final decision. Presently, one of the options is to do nothing. There will be four stages: I) document what the need is, 2) involve citizens and Council through communication via newsletters with factual information, 3) communicate the options regardless whether it is to do nothing, build two gymnasiums, or plan for the future; and 4) select the options, while looking at cost, staffing and operation. Nawrocki stated he does not challenge the need to get information, but this consultant is not the only one that can do this work. As for the meeting with Sabo, that information was not brought before the Council. There was a bill in the monthly report for lunch with Sabo. Motion by Kelzenberg, second by Diehm, to approve communications consultant services agreement with Ehlers and Associates, Inc. in the amount not to exceed $35,540 with funding to come from the Community Center Capital Building fund. Fehst indicated that mailing costs would be above this amount. Nawrocki asked if all Councilmembers are willing to commit that this will only be done on a vote of the community. Fehst stated there is money set aside to build a couple of gyms. If it is determined to build somewhere that we would need to buy property, we would not have the money to do that. Streetar stated that the committee could make the recommendation if this should go to the community for a vote. Nawrocki stated that if each member ofthe body was willing to state that any decision would be put to a vote of the community he would support this, but if not he would not support the vote because he believes this Council will not take this to a vote of the public. Peterson stated that we have not gotten to that point and cannot predict the outcome. Joe Orendorff, 4801 East Upland Crest, stated that senior citizens do not need this, but young people do need it. He stated that he was at Comcast to get his military record in the National Library of Congress. Friendly amendment by Kelzenberg, second by Diehm, to add $10,000 for publications and mailings. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Miscellaneous Fehst referred to the meeting 'with Sabo and offered to provide Councilmember Nawrocki with the video tape of the meeting where this was discussed. 2) Adopt Resolution No. 2006-03, being a Resolution approving a final plat subdivision with certain conditions Huset Park, 2nd Addition Jeff Sargent, City Planner, stated a public hearing was held by the Planning and Zoning Commission on March 8 with the recommendation for final plat approval contingent on three Issues: -14- City Council Minutes March 27, 2006 Page II of 15 1. Landscape fence requirement - to separate the area from University Avenue 2. Include a third unit type throughout the development 3. Set back of the buildings from University Avenue Sargent stated that Shaffer Richardson has worked to meet these requirements. There will be a black metal fence, with 10 pillars, along University A venue with landscaping of deciduous and coniferous plantings. Ryland Homes has added a third type of home, the Craftrnan Style home, which is a three story, tuck-under garage incorporating field stone on the bottom third of the building. Setbacks of buildings to University Avenue have been adjusted and are now suitable. Williams asked if we could get the State to install similar fencing along other areas of University Avenue. Fehst stated that he spoke to a State Regional Director about University A venue and he will contact our Public Works Director. Nawrocki questioned the right-of-way for Lookout Place ifthere is and enough parking for owners and guests. Sargent stated that it would be a 50 foot right-of-way. He stated that the rest of the development has private streets that meet the requirements for Public Works and Fire Department vehicles. Sargent stated that each home will have two parking spaces in the garage, two in the driveway, and street parking for guests. The area will have 96 parking stalls. Sargent showed the path Lookout Place will take. Williams questioned if the pond would be kept filled. Sargent felt it would be. Streetar stated it could be emptied, but will always have water. There will be plantings in this area. Nawrocki stated that if it is a storm water pond it will be kept low, but if it is for aesthetics it will be higher. Streetar stated it is a pond to serve the development, but to address any flooding issues also. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2006-03, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-03, being a Resolution approving the Final Plat for Huset Park, Second Addition, subject to the conditions outlined in Resolution No. 2006-03. Upon vote: Kelzenberg, aye; Williams, aye; Dielun, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION NO. 2006-03 RESOLUTION APPROVING A FINAL PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR SCHAFER-RICHARDSON WHEREAS, a proposal (Case No. 2005-1202) has been submitted by Schafer-Richardson to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: West side of Huset Park between 5th St. N.E. and University Avenue EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: Huset Park, Second Addition THE APPLICANT SEEKS APPROVAL OF A FINAL PLAT SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of tire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on March 8, 2006. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: I. The proposed minor subdivision confonns to the requirements of Section 14 of the City Code. 2. The proposed subdivision is consistent with the Comnrf'hf'n<ive Plan. 3. The proposed subdivision contains parcel and Ian - 1 5 -'ision layout that is consistent with good planning and site City Council Minutes March 27, 2006 Page 12 of 15 engineering design principles. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: I. The Homeowner's Association (HOA) Documents shall reflect that no more than five percent (5%) of all units shall be rental units. The Developer's Contract shall also indicate this through reference to the HOA documents. 2. The Common Interest Community documents shall clearly state the responsibilities of the City and homeowner's association related to streets and utilities. 3. All streets (with the exception of Lookout Place), storm water, street lighting, signage and striping serving the development shall be privately owned and maintained. 4. The developer must provide the City with locatable references for service lines, such as swing ties and GPS coordinates. 5. All common and public sidewalks shall meet ADA requirements for pedestrian ramps and grade. 6. All green areas shall incorporate automatic irrigation with rain shut-off gauges. 7. The pillars used for the fencing along University A venue shall be brick to match the color of stone used on the Craftsman style of building. The location of the pillars shall be consistent with the locations outlined in Figure 4. 8. The fence located on the north side of the development, separating the townhouses from the commercial building to the north, shall be constructed of a 6-foot tall privacy fence, with a minimum of 80% opacity on a year-round basis, to be approved by the City Planner. 9. The third unit-type used throughout the Phase 2 Development shall be the Craftsman-style building depicted in Figure 6. 10. All vinyl siding used on the buildings within the development shall be of a heavy gauge (0.042") material. I I. The lighting used throughout the development must follow the lighting design as portrayed in Figure 7. 12. The stonework on the front of the Craftsman type of building shall be incorporated on 19 of the end units specifically mentioned in Exhibit E of the Developer's Contract throughout the development, and shall cover the bottom 1/3 of the buildings, as approved by the City Planner. 13. The number of affordable units throughout the development shall be between 10-20% of the total number of units. Miscellaneous Diehm requested to make a point of clarification and read from the January 9, 2006 City Council minutes listing items discussed with Representative Sabo, as they were indicated earlier in the meeting. Nawrocki indicated that he stood corrected. ADMINISTRA TIVE REPORTS Report of the City Manager · Work session scheduled with the School District next Monday. Anyone interested in volunteering for the committee on the planning process may contact him. We want many people on the committee with many different concerns, pro or con. · Have meet with Krause Anderson, We1ch Companies and Anderson Companies regarding building a liquor store, previous proposed for 49th and 50th A venues. This would need Council approval to move ahead, as General Funds would initially be required. Liquor store revenues would continue to provide funds to the General Fund. A report from Ehlers and Associates will be brought to Council. Williams questioned if Taco Bell has bought the car wash. Fehst stated they have purchased it and met with our staff. There will be a new Taco Bell and possibly a coffee shop on the comer. Udupi is not interested in further development. Williams stated that we are talking about the block north of this for a liquor store. · Spoke to Mr. Wetch regarding allowing beer in his facility. Mistakenly believed he only wanted a 3.2 beer license. Wetch has agreed to delay this to the next Council meeting. The Police Chief will research ordinance in other communities. · The eminent domain bill passed 64 to 2 in the Senate today - sad for us. This will render mute any future condemnation in this town. However, we must live with the decision. This would have stopped our redevelopment of the industrial area. Nawrocki referred to money set aside for gyms and referred to amounts needed for a new liquor store. We must discuss all things we are considering. Some people are also talking about a new library. All things must be considere - 16 -;tated that the fence at 42nd and Cleveland is City Council Minutes March 27, 2006 Page 13 of 15 now almost totally down. Nawrocki indicated that he is still waiting for financial reports on the Huset Park development. There has been nothing on cable notifying residents that newspaper distribution boxes are available. Nawrocki questioned if there have been follow up conversations with the City of Fridley regarding street repairs along University. Fehst stated he has spoken to their city manager, and he has committed to do something with us, but has not indicated a dollar amount. Nawrocki indicated that the water bill increase flyers did not indicated the fact that in five years the increase would be a 50 percent increase. Report of the City Attorney - none CITIZENS FORUM Peterson requested that residents state their name and address for the record and limit their comments to five minutes. Leonard Dearing, 4311 Jefferson, asked if all resident's property taxes were increase by the same percentage. Fehst indicated that the passing of the School District levy was the reason for the largest portion of the increase. Nawrocki indicated that a good part of the increase was due to the referendum. Increases vary on the value of the property. Williams discussed his property tax bill, indicating the key factor to remember is that the market value on homes has increased so your asset value has increased. We have done a tremendous job making improvements that increased our home values. Peterson pointed out that the difference in tax amounts are based on individual property values. Dearing indicated that he had requested a stop sign at 43rd and Madison and was turned down, and now one has been put in place. Fehst stated the first time the sign was recommended by the Traffic Commission it was turned down by the Council, but the second time it was approved. Nawrocki pointed out that property value is good, but what can residents do with the value. Fehst stated that mortgages can be refinanced. Nawrocki pointed out the larger than ever number of tax delinquent properties in the local newspaper. Taxes are hurting people. Nawrocki indicated that the Governor's proposal oflevy limits might be a good thing. COUNCIL CORNER Peterson asked Council members to limit their comments to five minutes. Kelzenberg · Thanked Mayor Peterson for hosting the Rock Around the Clock fundraiser and thanked him and his family for all they do for our community. · Read police activity from the Green Sheet, commending the officers listed. Indicated two new officers have been hired - both are females and are currently completing training. Welcomed them aboard. \ViHiams .. We are working with the School District to be a team. We will find out exactly what we need in a center and it will be unanimous with our community. . My newspaper is now delivered and placed in a plastic sleeve. .. We lost a dear resident, Malcolm Watson's wife. The funeral will be tomorrow. .. Councilmember Nawrocki had fallen while in Washington DC and received black eyes. .. Encouraged citizens to look at the value of their home, which is reflected in the amount of their taxes. When the value of your home goes u _ 17 _r taxes go up. City Council Minutes March 27, 2006 Page] 4 of ] 5 · Pray for one another and for the betterment of our city. · The Prayer Breakfast will be April 26th. Everyone is welcome. Nawrocki · Takes a strong exception to the limiting of council comer commentsto five minutes per councilmember. · Disagreed with property values being the cause of increases to taxes, it is the levies placed by taxing districts. · Place election information on the front page of the next newsletter. · SRA working on proposed rates, affecting city pumping rates. Each city was asked to review the information sent and let them know the impact to us. Trust that someone will respond to the SRA. · Has the 2006 LMC policies in booklet form for review. · Attended the National League of Cities conference and met with our delegation - Sabo, Coleman, and Dayton. Has the National League of Cities legislative policies available for review. Concerns discussed were cuts to block grant monies and eminent domain at the federal and state level. Sabo felt it was a State matter. · EDA meetings should be shown on cable TV, as they authorize development, such as tomorrow night development along 3 ih and Stinson Boulevard will be discussed. There will be a request for TIF funds. TIF areas take 15 to 20 years before they help to pay city services. · Telecommunications issues - cable companies are fighting - telephone people want to do away with local ability to issue franchises. · Immigration reform discussed with more responsibility on local government. · President's wife spoke on working with America's youth. Web site is: helping America's youth. This could tie in with Mr. Wellman reactivating the Youth Commission. Copies were given to Williams and Fehst. Research this further. · Thanked Williams for reading his statement on salaries at the last council meeting. Executive sessions where this was discussed were very short. Staff had not met with all bargaining units at that time. Council was not given information on what happened at the bargaining table; details are important. Refen"ed to past incident with language on compensation for the City Manager and car usage for the Public Works Director. No information as given on present salaries. The statement indicated that Council should meet with employees who wrote them a letter. Peterson indicated that Council has already been over this. Also, Council has voted on Rules of Decorum, where once something is decided we will not go back over it again. The statement was read to the public. Should listen to the employees as a matter of courtesy. Referred to his 11 percent increase to PERA brought up at the last meeting; explained how adjustments were made and how the PERA program was run. Two years ago the benefit increase was less than 1 percent. · During snowplowing - boulevard damage at 1225 Polk Place. Diehm · Agreed that the EDA meetings should be televised from the City Council chambers. · .(A.Lgreed that resident's investment in their homes are the biggest inv'estment they have and we must help look out for that investment · March is food share month. Help support food shelves. · The first new residents are moving into the industrial park redevelopment. We1come them, show them how to get around and how to get involved in our community. · Complimented Public Works on the job they did snowplowing. Live close to two other borders and there is a marked difference on the snow removal job done in our town. We did a fabulous job. Complimented the crew ':-181._~ir hard work. City Council Minutes March 27, 2006 Page 15 of 15 · Values First values are: Integrity - honesty and sincerity. Peterson · Also expressed sympathy to Malcolm Watson and his family. · Sympathies also to the Dawson (Bill) Lahti family. · Pleasure to meet the two new officers today. Look forward to having female offices on the force; they will be a welcome addition to our force. · Residents have choices. He chooses to pay taxes to support the community and protect it rather than have cable TV. Referred to the bigger problems we face, such as the use of Meth. An article states that if meth use were a medical problem it would be an epidemic. Don't worry about another $200 a year in taxes, worry about drug problems. Most crimes can be associated with drugs. Glad we have an officer on the drug task force. We must get youth to understand what can happen. They gear down programs to younger kids so as not to scare them. But they should, they should show what it does to your mouth, skin, and how you age. We must show them what can happen. Use it once and you are hooked. We must take this seriously. Keep our eyes open. Ifwe think we see this happening or are suspicious - call 911. Be observant to what goes on. · The Prayer Breakfast will be April 26, 2006 at 7:00 a.m. at Murzyn Hall. The speaker will be Ivan Brown, Constable from Jamaica. · Friday night CERT Police/Fire appreciation fundraiser, sponsored by RAN. · Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:47 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -19- s-/\-2'O ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES JANUARY 24, 2006 CALL TO ORDER/ROLL CALL Vice President, Jindra called the meeting to order at 8:43 p.m. Present: Patricia Jindra, Bobby Williams, Bruce Nawrocki, Tammera Ericson Diehm, Gary L. Peterson and Bruce Kelzenberg. Don Murzyn, Jr. arrived at 8:45pm and took over the meeting. PLEDGE OF ALLEGIANCE OATH OF OFFICE Walt Fehst swore in Patricia Jindra, who was recommendedfor re-appointment at the City Council meeting of January 23, 2006. ELECTION OF OFFICERS Motion by Ericson Diehm, second by Kelzenberg, to elect the same officers as last year, Murzyn, Jr. for President, Jindra for Vice President and Kelzenberg for Secretary/Treasurer. All ayes. Motion Carried. CONSENT AGENDA Approval of Minutes of November 22, 2005. Financial Report and Payment of Bills Resolution 2006-01, for the November/December financials and payment of bills. Motion by Ericson Diehm, second by Kelzenberg, to adopt the consent agenda items as listed, All ayes. Motion Carried. ITEMS FOR CONSIDERATION 39th & Central. Columbia Heit!hts Rental Streetar stated the City has determined the corner of 39th & Central for redevelopment. So far staff has acquired the property were the former Burger King was located, performed Phase 1 environmental site assessments on all three properties, was awarded $47, 059 to complete a Phase 2 environmental assessment on all three properties sometime in February, Tax Increment Financing eligibility assessments on all three properties, which determined they were all blighted, the Mady's owners requested staff to make an offer for their building and is undertaking appraisals and relocation estimates in order to prepare an acquisition offer, the City applied to Anoka County for $225,000 ofCDBGfunds to pay for demolition of the Mady's building should the EDA acquire the property, and City Council along with DSU have developed 4 preliminary redevelopment concepts as well as touredjive successful redevelopment projects in other cities. At this time staf/is askingfor direction to work with the owners of Columbia Heights Rental to determine if afriendly, negotiated sale, could be accomplished as well as obtaining the appraisals for the property. Nawrocki asked why we are trying to take their property, maybe they don't want to sell. Streetar stated the owners of the property contacted staff stating they want to get started with the process. Williams stated before the owners of Central Rental didn't want to move, but now that we have purchased the Burger King property, they want to get involved with redeveloping their site. -20- Economic Development Authority Meeting Minutes January 24, 2006 Page 2 of 4 Peterson stated he talked to the owners, who said they know the redevelopment will happen, asked what the City is going to do, realize the City is moving forward with the development and that they want to work with the City to redevelop the site. Peterson also stated he was willing to go with Streetar to talk to the owners on afriendly basis, the city is in this for the long hall, we need to keep going, we have the staff and energy, we should do it. Nawrocki stated we don't own the property, we don't have the money, Mr. Pratt is still working on redeveloping the movie theater on 37th and that would take away from the idea of putting more housing on 39th. Motion by Peterson, second by Williams, to authorize staff to meet with the owners of Columbia Heights Rental to determine if a friendly, negotiated sale could be accomplished, as well as obtain the necessary appraisals to prepare a future acquisition offer. Nawrocki stated this is premature and we don't have a plan for the property. Upon vote: Nawrocki-nay, Jindra-aye, Ericson Diehm -aye, Kelzenberg -aye, Williams -aye, Peterson -aye, Murzyn Jr. -aye. Motion Carried. ADMINISTRATIVE REPORTS 37th & Stinson Partenheimer stated Len Pratt of Pratt Homes has been negotiating the option of purchasing the Apache Theater for redevelopment from Jerry Herringer. Mr. Pratt is in the process of drawing up new concept plans for the development site. Staff will be meeting with Mr. Pratt on the ih and will learn more about the development. Ericson Diehm stated she met a woman on a trip she had taken recently, who said she would highly recommend Mr. Pratt, and that this is exciting to here as we are lookingforward to his development in the City. Heritae:e Heie:hts Partenheimer stated they had a very informative meeting with 16 residents, some interested business owners and staff. The residents were very excited, gave some good feedback to staff. The meeting included presentations from Streetar on the history of the neighborhood and the City's renewal efforts to date, Police Chief, Tom Johnson updated the positive outcome of the increase patrolling in the neighborhood and Jon Slackfrom DSU on demographic trends, market analysis, site and area valuations. The next meeting will be held on Wednesday, March 8 at 7pm at the Grand Central Lofts Community Center and ajoint City Council, EDA and Planning Commission meeting will be scheduled for sometime in the weeks to follow. Nawrocki asked how many people were signed up for the committee. Streetar stated he believes there were 12. Ericson Diehm asked if they know of someone that is interested, could they be added to the committee. Partenheimer stated they could. -21- Economic Development Authority Meeting Minutes January 24, 2006 Page 3 of 4 49th & Central Schumacher stated staff has been working with Dave Andersonfor redevelopment of the site. The agreement expires next month. The board may have heard the unstable issue of Udupi 's, which lvas in the paper. Anderson is hoping this doesn't put a damper on the redevelopment of the block, he has been talking to the owners of the properties on that block, some are willing to sell and some haven't responded to his letters yet, but he is hoping to present something to the board next month. Sarna's Restaurant Schumacher stated the last couple of months the Sarna's have been putting together a plan for the site. When they got the soil tests back, it stated there is 17 it of contamination on the building site, that would have to be removed, and would cost $126,350 for soil corrections, meaning the basement would be eliminated Staff went over this amount with Wade Carlson from ProSource and determined this was a good estimate. What the Sarna's would like to see is to bring it to the City for approval to help pay for some of the soil correction costs, just like the City did for the Industrial Park and hopefully, in a couple of weeks be able to prepare a development agreement for approval. Nawrocki asked what is the cost we have invested in the land, what has been spent. Schumacher stated we have obtained the properties with block grant funds. If we sell the land to a developer, they dig, andfind contamination, it would be at their own additional costs. Peterson stated our appraiser did not include the soil contamination. Streetar stated the City lost money on the property that Gondek bought. Staff suggested a purchase price of approx. $145,000, with no responses from the local paper, staff recommended advertising in the Minneapolis Star at a price of $155,000, then Gondek came in with a bid of $136,000, the City Council decided to sell to him at a loss to the City. Fehst stated the reason we looked at the properties on that corner, wasn't only for redevelopment, but that the homes and buildings were blighted Michael Hurley, legal representative for the Sarna's, stated they have $50,000 already invested in the planning. Peterson stated the homes and gas station were blighted We have a developer that is willing to build a restaurant, and that is great. Ericson Diehm agreed Peterson asked Schumacher if there is any direction the board could give staff tonight. Schumacher stated there isn't, and that staffwill askfor direction at the time the development agreement is brought before the board, however, a consensus of the board would be nice to see if the board is infavor of the City helping with contamination costs. Peterson stated he would vote for it. Ericson Diehm stated she would also be in favor of helping pay for some of the costs, as it is a very valid request. A1urzyn Jr. asked if the $126,350 is '\;I.Jhat they would be askingfor. Schumacher stated that was correct. Kelzenberg asked about the $60,000 from Anoka County, is that a done deal. Schumacher stated we are the only one that has made the request to use the funds, as they are unused funds that have been returned to the County. Streetar stated Mr. Kordiak has already talked to the county in support of this. -22- Economic Development Authority Meeting Minutes January 24, 2006 Page 4 of 4 Williams stated Nawrocki keeps calling it a sports bar, are they building a sports bar. Hurley stated they are building a restaurant. Nawrocki stated the Star Bar started out as a restaurant and is now a sports bar. Hurley asked ifl'';mvrocki considered Applebees or Redstone as a sports bar, which is the same type of restaurant they will build, they won't have white tablecloths, will have TV's, but won't be fine dining. Nawrocki stated he did not. Williams stated he has heard many times from residents that we need a nice restaurant in Columbia Heights. YMCA/Community Center Streetar stated the YMCA indicated they are undergoing a strategic planning process and market study to determine where they will buildfuture gyms. The study will be done the end of February. Staffwill be meeting with the representatives of the YMCA after their study is complete. Williams stated he would like to encourage staff to meet with the YMCA, and let them know we are serious about a Community Center/Gym in Columbia Heights. Other Business Nawrocki asked if someone is working with the Liquor store folks to find them a spot to build a new building. Schumacher stated he knew that the Anderson's have been talking to staff about the possibility, but didn't know if any decisions have been made. Murzyn Jr. asked how is the liquor store business doing and stated that our stores are minimum stocked and was concerned how they are making it along with other liquor stores. Fehst stated they aren't doing that bad, and that they would like to build. Nawrocki stated we have really good management at our liquor stores, and the main point he wanted to put across to the board is that we should be working as much with our people for development as we are with other developers. ADJOURNMENT Motion by Williams, second by Ericson Diehm to adjourn the meeting at 9:54pm. All ayes. Motion Carried. Respectfully submitted, {!/?-~-;:/'/ ~LI^--- Cheryl g;kken Community Development Secretary H :\EDAminutes2006\EDA 1-24-2006 -23- PLANNING AND ZONING COMMISSION MINUTES OF THE MEETING April 4, 2006 7:00 PM Nu+ \l E_t f~ pp f'C ll't:CJ , C.:.\., -b --It I __ The meeting was called to order at 7 :00 pm by Chairperson Szurek. Roll Call: Commission Members present-Thompson, Fiorendino, Peterson and Szurek. Schmitt arrived at 7:03 pm. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Fiorendino, seconded by Peterson, to approve the minutes from the meeting of March 8, 2006. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2006-0201 Jeff Babe, Jeff's Bobby and Steve's 3827 Central Avenue Conditional Use Permit for Off-street Parking On September 14,1998, Dr. Gary Good, owner oftlte property located at 3827 Central Avenue, was given a Conditional Use Permit (CUP) to allow an off-street parking lot in tlte R-3, Multiple Family Residential District. Sltortly thereafter, Jeff's Bobby and Steve's Autoworld bougltt tlte land to use as their own. On September 19,2000, Tim Johnson (City Planner) wrote Mr. Williams a letter (a copy was enclosed in tlte agenda packets) explaining tltat tlte original CUP Itad become null and void because certain conditions of the CUP were notfulfilled witltin a one-year period after approval. Tlte letter also stated tltat Mr. Williams would need to reapply for a second CUP prior to utilizing tlte property as a parking lot for Itis business. Jeff Babe, d/b/a Jeff's Bobby and Steve's Autoworld, has recently applied for and received a CUP for an outdoor storage lot in the City of Columbia Heights. During the application process, City Staff reviewed the files pertaining to the Autoworld's properties and determined that a second CUP had yet to be approved for the property located at 3827 Central Avenue. At tins time, Mr. Bahe is requesting a CUP to allow for off-street parking in the R-3, Multiple Family Residential District, for Ills business per Code Section 9.109 (G)(3)(f). The only veIllcles allowed to park in tIlls parking lot will be those vehicles that have had repairs already made, and employees' vehicles. The subject property has been used for the past 8 years as a storage lot for impounded vel1icles, or vehicles waiting to be worked on. Mr. Bahe's request would enable the current property to be cleaned up and used in a maImer consistent with City Code. -24- PLANNING & ZONING COMMISSION MINUTES PAGE 2 APRIL 4, 2006 PLANNING CONSIDERATIONS Consistency with Zoning Ordinance The subject property is located in the R-3, Multiple Family Residential District, as are the properties to the north. The properties to the west and south are zoned GB, General Business, the same zoning classification as Jeffs Bobby and Steve's Autoworld. The properties to the east are zoned R-2A, One and Two Family Residential. The Zoning Code at Section 9.109 (G)(3)(f) states that off-street parking is allowed in the R-3 District for an adjacent conforming commercial use, as a Conditional Use, provided the lots are in common ownership, the lots are not separated by a public right-of-way and the lots front on the same public right- of-way. The two lots in question are under common ownership and front on the same public right-of- way, being a common alley. Consistency with Comprehensive Plan The Comprehensive Plan designates the property as medium density residential use. Being that off- street parking is allowed as a Conditional Use, the proposed use ofthe land would be consistent with the Comprehensive Plan. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use, as detemlined by the Zoning Administrator. Off-street parking is specifically listed as a Conditional Use in the R-3, Multiple Family Residential District in the City of Columbia Heights. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this property as medium density residential. The proposed use of the land would be consistent with the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. The neighboring properties most affected by this proposal are the residents to the immediate east. These properties are situated above the subject property and are oriented to Reservoir Boulevard to the east. The subject property has been used as a storage lot for the past 8 years, with as many vehicles as possible occupying the lot. The proposed CUP would ensure that the number of vehicles stored on the property could not exceed the number of striped parking spaces. For this reason, there will be less vehicles stored on the property than ever before, making the situation less obtrusive to the neighbors. -25- PLANNING & ZONING COMMISSION MINUTES PAGE 3 APRIL 4, 2006 (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of the properties in the immediate vicinity will remain the same. As stated previously, the property will only be allowed to store a set amount of vehicles, far less than the number of vehicles that have been stored on the site for the previous 8 years. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. Specific conditions regarding the use of this property will be outlined in the Resolution approving the Conditional Use Permit. These conditions will ensure that the use will be operated and maintained in a manner compatible with the appearance of the character of the area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 3827 Central Avenue NE meets this criterion. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. There will be less traffic congestion than previously due to the fact that fewer vehicles will be permitted to be stored on the property. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. Any negative effect that this use has had on the immediate vicinity will be diminished because of the fact that fewer vehicles will be permitted to be stored on the property. (i) The use complies with all other applicable regulations for the district in which it is located. The proposed use will comply with all other applicable regulations for the district. Staff recommends that the Planning Commission recommend the City Council approve the Conditional Use Permit for off-street parking, subject to the conditions of approval provided in the recommended motion. Questions by Members: Peterson questioned if the intention is to use the lot for employee parking and vehicles that have been repaired, and waiting to be picked up, then tow trucks would not be used to deliver or remove vehicles from this site. Mr. Bahe, the owner, stated that is correct. It is not a public parking area and employees would be parking and removing tbe vebicles. He also stated that the site 'would be configured differently and would be re-striped. Peterson asked if additional lighting would be added as he had a concern about it affecting neighbors in the area. Mr. Bahe stated no additional lighting would be installed. The alley lights currently in place are sufficient. Schmitt asked if the area would continue to be used for the summer car shows. Mr. Babe said it may, if it is an approved use of the site. Jeff Sargent, Planner, said he would look into this and let him ~O~ -26- PLANNING & ZONING COMMISSION MINUTES PAGE 4 APRIL 4, 2006 The Public Hearilll:! was Opened: No one was present to speak on this issue. The Public Hearine; was closed Motion by Thomspon, seconded by Schmitt, that the Planning Commission recommends the City Council approve the Conditional Use Permit for off-street parking, subject to certain 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. All required state and local codes will be met and in full compliance. 2. Any new lighting used to illuminate the off-street parking area shall be shaded or diffused as to deflect the light away from the adjoining property and a lighting plan will need to be reviewed and approved by staff. 3. A six-foot high fence shall be erected along the property line abutting a residential district and shall be at least 80% opaque. 4. A bumper curb of5-7 inches high is required around the perimeter of the parking area. 5. There shall be a minimum of two feet of open space maintained between the required bumper curb surrounding the parking area and the property line. 6. Driveways shall not exceed 6% grade and the parking lot shall be graded according to a drainage plan, which have been approved by the Department of Public Works. 7. The parking lot will need to be striped, with required parking stalls measuring 9' x 20'. A minimum drive aisle width of 24 feet must be maintained at all times. 8. The parking lot may not be used for the storage of inoperable vehicles, junk vehicles, vehicles for sale, or vehicles scheduled for repair at Jeff's Bobby and Steve's Autoworld. All vehicles stored on the lot shall have current license tabs. 9. The number of vehicles stored in the parking lot is limited to the number of striped parking stalls on site. A parking detail will be submitted to the Planning Department indicating the maximum number of parking stalls available on the site. Fiorendino asked about the requirement of a 6 ft. high privacy fence along the east side abutting the Apartment Building. CUlTently, there is a 6 ft high cyclone fence along that property line with no screening material. Mr. Babe explained he does not wish to make this a privacy fence as he has had a lot of problem with vandals hopping that fence and breaking into the vehicles stored on site. He fears if screening is added it will increase the amount of vandalism of the vehicles. Sargent explained it is a requirement of the Zoning Code that a fence with at least 80% opaqueness be installed when a commercial property abuts a residentially zoned property such as this. He also pointed out that the number of cars will be limited to 17, a reduction from the 30+ cars that have been stored there previously. This in itself will increase visibility of the site and should help to deter any trespassing on the site. -27- PLANNING & ZONING COMMISSION MINUTES PAGE 5 APRIL 4, 2006 There was a discussion regarding the requirement in this circumstance 0 Szurek agreed with Mr. Bahe and didn't feel an opaque fence was necessary as the parking area being discussed abuts the parking lot of the apartment building for the most part. And the elevation of the Apartment site is higher than the 3827 Central site, so tenants will still overlook the parking lot even if the 6 ft fence is screened. Sargent said there is a mesh material that could be attached to the present fence that does not completely block visibility, but would meet the 80% opaque coverage required. The possibility of tabling this to seek a variance of this condition was discussed. However, it was decided there is no hardship, which is necessary in order to obtain a variance. Fiorendino reminded the members, their responsibility is to uphold the code as it is written. We cannot make exceptions to the rule, even though in some circumstances it may make sense. The code is written to represent what is best in "most" cases, and decisions must be made to ensure that issues conform with the code requirements. Therefore, the motion will stand as made with the noted conditions, including the need for a privacy fence along the property line abutting the apartment property. All ayes. MOTION PASSED. The attached Resolution will go to the City Council at the April 10, 2006 meeting. DRAFT RESOLUTION NO. XXXX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR JEFF BARE OF JEFF'S BOBBY AND STEVE'S WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2006-0201) has been submitted by Jeff Bahe to the City Council requesting a conditional use pennit from the City of Columbia Heights at the following site: ADDRESS: 3827 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (G)(3)(f), to allow off-street parking in the R-3, Multiple Family Residential District -28- PLANNING & ZONING COMMISSION MINUTES PAGE 6 APRIL 4, 2006 WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on April 4, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concems related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: I. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and servIces. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar vear after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All required state and local codes will be met and in full compliance. 2. Any new lighting used to illuminate the off-street parking area shall be shaded or diffused as to deflect the light away from the adjoining property and a lighting plan will need to be reviewed and approved by staff. 3. A six-foot high fence shall be erected along the property line abutting a residential district and shall be at least 80% opaque. 4. A bumper curb of 5-7 inches high is required around the perimeter of the parking area. 5. There shall be a minimum of two feet of open space maintained between the required bumper curb surrounding the parking area and the property line. 6. Driveways shall not exceed 6% grade and the parking lot shall be graded according to a drainage plan, which have been approved by the Department of Public Works. 7. The parking lot will need to be striped, with required parking stalls measuring 9' x 20'. A minimum drive aisle width of 24 feet must be maintained at all times. 8. The parking lot may not be used for the storage of inoperable vehicles, junk vehicles, vehicles for sale, or vehicles scheduled for repair at JeWs Bobby and Steve's Autoworld. All vehicles stored on the lot shall have current license tabs. -29- PLANNING & ZONING COMMISSION MINUTES PAGE 7 APRIL 4, 2006 9. The number of vehicles stored in the parking lot is limited to the number of striped parking stalls on site. A parking detail will be submitted to the Planning Department indicating the maximum number of parking stalls available on the site. Passed this _ day of April 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2006-0401 James Sarna, Sarna's Restaurant 3955 University Avenue 2-foot parking stall length variance At this time, James Sarna, d/b/a! Sarna's Restaurant, is requesting a 2-foot parking stall length variance throughout the project, per Code Section 9.106 (L)(7)(a). The proposed restaurant will be approximately 6,000 square feet in area, with a seating capacity of 180 people. On October 24, 2005, City Council approved the Preliminary Plat and three (3) variances for this project, including a lO-foot setback variance for hard surface parking, an 8-foot height variance for the monument sign, and a 35 square foot area variance for the monument sign. The City Council has also approved the first reading for the vacation of Lookout Place, which traverses through the property. PLANNING CONSIDERATIONS The property is zoned GB, General Business, as are the properties to the north, west and the east (along 40th Avenue). The property also abuts some residential properties along the eastern property line zoned R-3, Multiple Family Residential. The properties to the south are zoned I-I, Industrial. -30- PLANNING & ZONING COMMISSION MINUTES PAGE 8 APRIL 4, 2006 The proposed building will be approximately 6,000 square feet with a seating capacity of 180 patrons. The Zoning Code would require 54 parking stalls based on the maximum seating capacity of the restaurant at 180 people. Currently, the proposed development includes 74 parking stalls on site, based on a parking stall configuration of 9 feet wide by 20 feet deep. Based on projected project costs, as well as the size and capacity of the building, the applicant has concluded that more parking would be necessary on site to accommodate for more patrons needed to make the restaurant economically feasible. The proposed variance would shorten the parking stall length from 20 to 18 feet, and would create an additional 15 parking stalls for a total of 89 stalls on site. The applicant feels that 89 parking stalls would be sufficient in conducting the restaurant business. The applicants and City Staff have conducted some research as to the minimum parking stall lengths in different cities throughout the metro. This information was provided in the agenda packets. City Staff was most interested in those cities that most closely resemble Columbia Heights, as well as larger cities in the area. It was determined that the cities of Crystal, New Brighton, St. Louis Park, Brooklyn Park, and Brooklyn Center require only an 18- foot parking stall length. The exception for Brooklyn Park was for head-on-head parking, in which the parking stall length increased to 19.5 feet. CONSISTENCY WITH THE COMPREHENSIVE PLAN The Comprehensive Plan guides this area towards "Transit Oriented Development". The Comprehensive Plan states that this classification focuses on the commuting needs of Columbia Heights residents. As a result, a higher percentage of service-oriented commerciaVretail 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 ofthe Comprehensive Plan. FINDINGS OF FACT The following are required findings that the City Council must make before approving a variance request in the City of Columbia Heights: 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 article would cause undue hardship. The applicants stated that the site in its entirety has been extremely difficult to work with because of the preexisting conditions imposed on it. The proposed location for the building is the only place it can be placed due to existing utilities. Based on the size of the building the applicants feel that strict adherence to the parking code would result in inadequate parking for the overali project. If the variance was not granted, the applicants feel that the excess parking required for the project would spill into the surrounding residential neighborhoods. Granting the variance would enable the project to be self-contained and would minimize the impact of the restaurant to the neighboring residential area. -31- PLANNING & ZONING COMMISSION MINUTES PAGE 9 APRIL 4, 2006 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The use of the property is a restaurant in the GB, General Business District. The configuration of the property, along with the size of the restaurant and the property yield a small number of parking stalls available to the remainder of the site. These conditions are unique to this particular piece of property attempting to accommodate a full-service restaurant. Other similarly zoned parcels would not encounter the same encumbrances as this particular piece of land. 3. The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The provisions of the Zoning Code require a 20-foot parking stall. The difficulty in this situation is that the restaurant would not be able to function on the parcel if there were only 74 parking stalls on site. At the time of the variance request, the applicants did not have a legal interest in the property, and are seeking a variance to fulfill the needs of the restaurant. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The particular use of a restaurant in a Transit-Oriented Development, as described in the Comprehensive Plan, is consistent with the intent of the Comprehensive Plan. Granting the variance would not alter this. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. Granting of this variance would be beneficial to the welfare of the general public, as it would not encourage restaurant patrons to park in the residential neighborhoods, or along heavily traveled roadways. The success of Sarna's Restaurant hinges on the amount of parking that the property can accommodate. The request of a 2-foot variance to the parking stall length is not extraordinary when compared to other similar cities in the metro area. By granting this variance, the restaurant will be able to add an additional 15 parking stalls, further ensuring that the patrons would not be parking in the residential neighborhood to access the restaurant. For these reasons, Staff recommends approval of the variance with the noted conditions. Questions hy "Members: Fiorendino asked how many of the spaces will be 18 feet in length. Sargent stated that all of them would be configured at this length if approved. Schmitt questioned if this is acceptable for the handicapped spaces also. Sargent explained that there will be 4 handicap spaces. The length of which will also be 18 feet, however they must provide for a 96 inch access isle for each of these handicap parking spaces. -32- PLANNING & ZONING COMMISSION MINUTES PAGE 10 APRIL 4, 2006 Peterson asked about the four future spaces noted in the drawing in the NW comer. Sargent explained this small piece of property is still owned by MN DOT. If this property can be obtained, it will provide four more spaces. Peterson also questioned the 18 ft. length in the head to head parking spaces. He felt this may be inadequate, especially ifthere will be parking blocks versus painted striping. Sargent stated he believed it would be painted striping and that this shouldn't be an issue according to other cities that have allowed this adjusted length policy. He said the 9 ft. width of the spaces and the 24 ft. aisle spaces provide adequate room for maneuvering Peterson asked whether the re-configured layout would provide adequate space for the dock trucks to maneuver through the lot to gain access to the unloading dock of the neighboring property as agreed to. Sargent explained the turning radius and aisle spaces should be sufficient for the delivery trucks. Peterson wanted to know how this plan differs from the one originally submitted. Sargent said the changes were minor. The building location was altered slightly and some of the parking areas were curved a bit. He pointed out this plan is more neighbor friendly. It will allow for more parking in the lot, which will reduce the amount of parking on the surrounding streets. Peterson was happy to see more on-site parking, and would like to see no street parking allowed at all. However, Sargent said that would be hard to do as they are public streets. He also reminded the members, they are voting on the length of the spaces, not the number of spaces. Peterson asked how the figure of 54 required spaces is arrived at. Sargent explained it it determined by the Zoning Code that requires 30% of the restaurant's capacity. And the original plan provided approximately 74 spaces. The new configuration with the 18 ft. length adjustment would allow approximately 89 stalls on site. He felt this is a more realistic number. The Public Hearing was Opened: No one was present to speak on this matter. The Public Hearing was closed: Motion by Fiorendino, seconded by Schmitt, that the Planning Commission approve the 2-foot parking stall length variance for the Sarna's Restaurant with the following conditions: 1. All application materials, maps, drawings and other descriptive information submitted with this application shall become part of the permit. 2. All access isles for handicap accessihle parking shall be at least 96 inches. 3. Four (4) handicap parking spaces are requiredfor 76-100 total parking spaces. All ayes. MOTION PASSED. The attached draft Resolution will go to the City Council at the April 10, 2006 meeting. -33- PLANNING & ZONING COMMISSION MINUTES PAGE 11 APRIL 4, 2006 RESOLUTION NO. XXXX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR JAMES SARNA OF SARNA'S RESTAURANT WHEREAS, a proposal (Case # 2006-0401) has been submitted by James Sarna to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3955 University Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot parking stall length variance as per Code Section 9.106 (L)(7)(a). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on April 4, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached conditions, plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS: 1. All application materials, maps, drawings and other descriptive information submitted with this application shall become part of the permit. 2. All access isles for handicap accessible parking shall be at least 96 inches. 3. Four (4) handicap parking spaces are required for 76-100 total parking spaces. Passed this _ day of April 2005 Offered by: Seconded by: Roll Call: .t^l-yes: 1\.T""". ..l.. '1u,J lJ. Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -34- PLANNING & ZONING COMMISSION MINUTES PAGE 12 APRIL 4, 2006 CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2006-0402 Dan Terzich, Frattallone's Hardware Store 2261 - 37th Avenue NE Conditional Use Permit for Seasonal Sales Frattallone's Ace Hardware has applied for a Conditional Use Permit to allow the operation of a seasonal mini-garden center for flowering plants and retail sales. According to Section 9.106 (G)(5) of the Zoning Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The ordinance limits the number of days that seasonal agricultural sales may occur to 90 days. The applicant proposes to operate the garden center for 90 days, from April 15th through July 15th (see attached letter). The attached site plan illustrates the 21 'x48' tent location, which will be located directly in front of Ace Hardware. This site plan and configuration remains unchanged from previous years. The greenhouse structure will be the same as previous years with two, six-foot doors remaining open at all times during business hours. There will be at least two fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. The greenhouse will displace approximately seven parking spaces. This will be the Frattallone's 13th year operating a temporary greenhouse at this location in Columbia Heights. PLANNING CONSIDERATIONS Consistency with Comprehensive Plan The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. · Consistency with Zoning Ordinance The Zoning Map classifies the property as GB - General Business. Retail uses are allowed in this zoning district. The Frattallone's proposal will impact approximately seven parking spaces. Overall, the proposed tent will have relatively little impact on the site, as there is currently an abundance of parking spaces and drive aisle access will not be impacted. Please note that the Fire Department has reviewed the proposal and has no concems regarding it. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit. 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as detennined by the Zoning Administrator: Seasonal agricultural sales is a Conditional Use in all zoning districts, and is considered retail sales, which is permitted in the GB - General Business District. -35- PLANNING & ZONING COMMISSION MINUTES PAGE 13 APRIL 4, 2006 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan: The Comprehensive Plan guides the subject property for commercial use. Retail sales, such as greenhouses, is a permitted use in the commercial areas. 3. The use will not impose hazards or disturbing influences on neighboring properties: The outdoor tent and related business proposed will be placed in the southeasterly portion of the parking lot away from residential properties and should not have any detrimental impact on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity: The garden center as proposed will have no impact on the use of adjacent properties. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area: Frattallone 's has been operating a seasonal greenhouse at this location for 12 years, with the City experiencing no complaints. The proposed garden center should not negatively impact the existing character of the vicinity. 6. The use and property upon which the use is located are adequately served by essential public facilities and services: The property is currently served by adequate public roadways and necessary utilities. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic: The traffic generated by the garden center will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 8. The use will not cause a negative cumulative effect on other uses in the immediate vicinity: As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity, which are zonedfor residential and commercial uses. 9. The use complies with all other applicable regulations for the district in which it is located: As determined by staff, the use complies with the applicable regulations of the GB General Business District. Staff recommends that the Planning Commission recommend the City Council approve the Conditional Use Pennit for seasonal agricultural sales subject to two conditions included in the recommended motion. Questions bv Members: No questions. -36- PLANNING & ZONING COMMISSION MINUTES PAGE 14 APRIL 4, 2006 The Public Hearin1! was opened: No one was present to speak on this issue. The Public Hearin1! was closed: Motion by Schmitt, seconded by Peterson, that the Planning Commission recommends that the City Council approve the Conditional Use Permit for seasonal agricultural sales at 2261 - 3ih Avenue NE from April 15th through July 15th, 2006, subject to certain conditions of approval that have beenfound to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. All Ayes. MOTION PASSED. The attached draft Resolution will go to the City Council at the April 10, 2006 meeting. DRAFT RESOLUTION NO. XXXX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FRATTALONE'S ACE HARDWARE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2006-0402) has been submitted by Frattalone's ACE Hardware Stores to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 2261 - 37th Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(e), to allow outdoor sales or display. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on April 4, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Plmming Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended charactpr ,....ft1-}e surrounding area. -37- PLANNING & ZONING COMMISSION MINUTES PAGE 15 APRJL 4, 2006 6. The use and property upon which the use is located are adequately served by essential public facilities and servIces. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other infonnation shall become part of this pennit and approval; and in granting this pennit the city and the applicant agree that this pennit shall become null and void if the project has not been completed within one (1) calendar vear after the approval date, subject to petition for renewal of the pennit. CONDITIONS A TT ACHED: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Pennit expires and the site has been cleaned up. Passed this _ day of April 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary NEW BUSINESS None MISCELLANEOUS Sargent updated the members on the Linders Greenhouse case that was approved last month. He spoke with the applicant and he said there was no problem setting up the greenhouse and maintaining the required 20 ft. access to the rear of the tent. The meeting was adjourned at 8:00 pm Respectfully submitted, Shelley Hanson Secretary -38- CITY COUNCIL LETTER Meeting of: April 10, 2006 AGENDA SECTION: NO: CONSENT '::-A-") ,J ~ ORIGINATING DEPARTMENT: CITY MANAGER'S ATE: ITEM: 2006-2007 IUOE LABOR AGREEMENT NO: DATE: The current labor agreement between the city and the Int n i nal Union of Operating Engineers, Local 49, representing public works employees, terminated on December 31, 2005. Negotiations between the City's negotiating team and IUOE resulted in the union filing for mediation. Mediation was held on March 27, 2006, and resulted in a mutually acceptable labor agreement for calendar years 2006 and 2007. The proposed changes are as follows: Wages: 2006: 2007: 3% adjustment over 2005 wages 3% adjustment over 2006 wages Insurance: 2006: 2007: $625 per month (2005=$555 per month, plus additional $70 for 2005 only) $645 per month Deferred Compensation: Employer shall pay on a dollar-for-dollar matching basis; $350 per full-time employee for 2006; $350 per full-time employee for 2007 (2005=$300). Equipment Operation Add Sewer Jetter Truck to list of equipment that employees receive $.50 per hour additional pay to operate. Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 2006 and 2007. Also attached is a copy of the new contract language incorporating the changes. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2006-47, regarding the Labor Agreement between the City of Columbia Heights and the International Union of Operating Engineers, Local 49, effective January 1, 2006- December 31, 2007. COUNCIL ACTION: -39- RESOLUTION 2006-47 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 WHEREAS, negotiations have proceeded between the International Union of Operating Engineers (IUOE), Local No. 49, representing employees of the Public Works Department and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2006 and 2007. WHEREAS, a copy of said contract is available at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2006 and 2007 for IUOE bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 10th day of April, 2006. Offered by: Seconded by: Roll Call: Ayes: Nayes: Mayor Gary 1. Peterson Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -40- 3-27-06 Mediation CITYOF COLUMBIA HEIGHTS PROPOSAL TO THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 1. ARTICLE XIX INSURANCE 19.1 The EMPLOYER will contribute up to a maximum of six hundred twenty-five dollars ($625) per month per (permanent and probationary full-time) employee for group health including dependent coverage, life and long term disability insurance for calendar year 2006. No retroactive insurance benefits payments will be made to any employee terminating employment during calendar year 2006 prior to Council ratification of a 2006 employer contribution rate for Insurance. 19.2 The EMPLOYER will contribute up to a maximum of six hundred and forty-five dollars ($645) per month per (permanent and probationary full-time) employee for group health, including dependent coverage, life and long term disability insurance for calendar year 2007. 19.3 By mutual agreement employees may use up to the amount of the premium for individual dental insurance coverage of the per month per employee health, life and long term disability insurance dollars in 19.1. and 19.2. for dental insurance for all unit employees. 19.4 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, and group dental insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. 2. ARTICLE XXVI WAGES See Appendix A for 2006 and 2007 wage rates. As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward a City-sponsored deferred compensation program for every $1 contributed by such employee toward a City-sponsored deferred compensation program. Such contribution will not exceed $350 for calendar year 2006 and $350 for calendar year 2007. 3. ARTICLE XXVIII DURATION This agreement shall be effective as of January 1, 2006, except as otherwise noted, and shall remain in full force and effect until December 31, 2007. -41- 3-27-06 Mediation 4. APPENDIX A - WAGES 2006 Adjustments shall be effective January 1, 2006. Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER. POSITION STEP 1 STEP II STEP III STEP IV STEP V STEP VI STEP STEP VIII STEP IX TITLE Entry I Year 2 Years 3 Years 4 Years 5 Years VII 7 Years 8 Years 6 Years Maintenance $15.21 $15.94 $16.66 $17.39 $18.11 $19.00 $19.86 $20.73 $21.59 Worker Maintenance III $18.98 $19.88 $20.78 $21.69 $22.59 Foreman $19.88 $20.83 $21. 78 $22.72 $23.67 Laborer & Part $7.75- Time $9.25 Those employees hired on or after January 1, 2002, will progress on the following wage schedule, effective January 1, 2006: POSITION TITLE STEP 1 STEP II STEP III STEP IV STEP V STEP VI STEP VII Entry I Year 2 Years 3 Years 4 Years 5 Years 6 Years Maintenance Worker $16.66 $17.39 $18. 11 $19.00 $19.86 $20.73 $21.59 2007 Adjustments shall be effective January I, 2007. Movement through the wage schedule is contingent upon satisfactory performance d' d db h EMPLOYER as a IIU 1ge lY t e POSITION STEP 1 STEP II STEP III STEP IV STEP V STEP VI STEP STEP VIII STEP IX TITLE Entry I Year 2 Years 3 Years 4 Years 5 Years VII 7 Years 8 Years 6 Years Maintenance $15.67 $16.41 $17.16 $17.90 $18.65 $19.57 $20.46 $21.35 $22.24 Worker Maintenance III $19.55 $20.48 $21.41 $22.34 $23.27 Foreman $20.48 $2 I .45 $22.43 $23.40 $24.38 Laborer & Part $7.75- Time $9.25 Those em 10 ees hired on or after Janua POSITION TITLE STEP 1 Ent Maintenance Worker $17.16 1, 2002, will ro ress on the followin wa e schedule, effective Janu STEP II STEP III STEP IV STEP V STEP VI 1 Year 2 Years 3 Years 4 Years 5 Years $17.90 $18.65 $19.57 $20.46 $21.35 1,2007: STEP VII 6 Years $22.24 -42- 3-27-06 Mediation 5. APPENDIX B Effective upon City Council ratification of the contract, employees in the Maintenance Worker classification required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment will be paid $.50 per hour above their base hourly rate of pay for those hours assigned to the following items of equipment: Front End Loaders - 4 WD, 2 yards or more Street Sweepers - Pickup Type Backhoes Graders Oil Distributor Operator Boom Operator Vac-All, Sewer Jetter Tandem Axle Truck Sewer Jetter Truck Tandem Dump Truck, with wing, when used for snowplowing operations Single Axle Truck, with wing, when used for snowplowing operations -43- CITY COUNCIL LETTER Meeting of A ril 10, 2006 AGENDA SECTION: Consent " ^ L' NO. !:.> - r\--{ ITEM: Authorize up to $15,000 in O.T. funds for NO. additional police officer in Grid 8 area ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE: AprilS, 2006 CITY MANAGER APPROV BY: DATE: BACKGROUND As you may recall, last year on May 18, 2005, members of the City Council, City Manager Walt Fehst, Police Chief Thomas Johnson, and Corporal Lee Okerstrom met with residents of the 4500 and 4600 blocks of Polk Street Northeast. At this meeting, the residents advised the City that they were concerned with the behavior of the people who live in this area and the criminal activity they felt was taking place. During this meeting, it was decided the Police Department would assist the neighborhood with the setup of organized Neighborhood Watch programs. The Mayor also stated that we would look at additional resources for the area during the summer months. The City Council approved up to $25,000 in overtime funds to be used to pay for additional uniformed patrol of the grid 8 area, in the area of Circle Terrace, and 46th and Washington Street N.E. at the June 13,2005 City Council meeting. We feel that this officer had a significant effect on this area. In 2004, we had 822 calls for service in the grid 8 area. At the time of the request for overtime funds, we had 374 calls for service and we projected we would handle some 900 calls for service in this area in 2005. The actual number of calls for service in 2005 was 708, showing that the additional presence was significant-a 13.8% decrease in calls for service in the grid 8 area from 2004 to 2005. At our supervisors meeting on March 29, 2006, one of the sergeants asked if we were planning to have the enhanced presence in the grid 8 area again this summer. They mentioned how well it worked to have that additional presence for five hours a day four days a week. It gave us the opportunity to do "zero tolerance" for any violations observed and for the officers to be able to have the time to get out of the car and talk to the residents. They felt that those who live in the area greatly appreciated this extra effort. The high visibility also helped in our two other problem areas-46th and Washington Street N.E. and Circle Terrace. I explained to the supervisors that we should have two more officers trained and on the streets to assist us by at least the end of June or at the latest, the first part of July. They stated they realized this and appreciated that fact but they felt the grid 8 detail would be a great help until permanent changes can be made in the grid 8 area itself. They also felt for the summer months, the omnipresence of a car in this area would be money well spent. They also pointed out the enhanced efforts Minneapolis Police will be making this summer, displacing the crime from Minneapolis to the first- ring suburbs such a ours. I have checked on the expenditures for this detail in 2005 and found that we spent $18,213.86 of the $25,000 allocated. In 2005, we worked this detail through the end of November. ANALYSIS/CONCLUSION Based on the success of our overtime detail in 2005, the Columbia Heights Police Department is asking for City Council support in financing this detail again in 2006. We have reviewed and updated our plan of action and propose the following for 2006: An additional police officer is placed in the grid 8 area from 7:00 p.rn. to midnight on Thursday through Sunday each week. TIle goal of this officer is to be highly visible (ownipresence) in order to deter arId detect arIY criminal activity taking place. The officer(s) working this area would work at getting to know the residents-and especially the juveniles. All laws would be strictly enforced, including city ordinances. If problem areas are discovered, the officer would report this to the Police Captain and a course of action would be developed to deal with the issue. At least twice during the five-hour shift the officer assigned this detail would go to the Circle Terrace area and the area of Washington -44- Council Letter Page 2 April 5, 2006 Street N.E. between 46th and 47th Avenues. The officer would spend up to 30 minutes in each of these areas, being visible and looking for law violations. The officer will then retu.l'11 to the grid 8 area. All activity performed by this officer, times, dates, and locations will be logged and a copy of the log forwarded to the Captain and Chief of Police, The Police Department would work closely with the Fire Department, Public Works, Community Development (Building Inspector), and the Special Projects Coordinator through the Code Enforcement Committee to abate issues brought to our attention. It is suggested that the 20 hours of overtime work per week would be paid via funds not expended in 2005 ($6,786.14) and a special fund ($8,213.86) set up by the City Council. The fund would be authorized to spend up to $15,000 in overtime. The Police Department would report in the weekly green sheet the activity of the officers involved in this special detail. RECOMMENDED MOTION: Move to authorize up to $15,000 in overtime funds to be used by the Police Department to place an additional officer in the grid 8 area for up to 20 hours per week from May to September 2006 and to appropriate $6,786.14 from unexpended 2005 funds and an additional $8,213.86 from the General Fund, unreserved fund balance for this purpose. TMJ:mJd 06-063 ! COUNCIL ACTION !l ! -45- COLUMBIA HEIGHTS POLICE DEPARTMENT TO: All Police Officers FROM: Thomas M. Johnson, Chief of Police SUBJECT: Grid 8 Special Patrol 2006 DATE: April 4, 2006 Purpose: In an effort to deal with the anticipated increase of activity in grid 8 over the summer months, I have approached the City Council for additional funds to finance a concerted patrol effort in this area, and also Circle Terrace and the 4600 block of Washington Street. The goal of this effort is to increase police presence in these areas, foster positive interaction with the residents, and to enforce laws, with zero tolerance for any violations that occur. Duties: The special patrol shift will run Thursday through Sunday evenings, 1900 to 2400 hours. Officers will work the patrol in a marked car in uniform and handle as the primary response any calls for service in these designated areas. The district cars likewise will respond as the back-up car for any situations requiring multiple officer response. Officers working this detail are to make a concerted effort to make contact with citizens in the area. Officers are encouraged to leave their patrol car as necessary to initiate face-to-face interaction with the residents. By assuming a proactive effort, we hope to instill a sense of security and confidence in the neighborhood. Officers will: · complete a log sheet for each patrol shift worked on this special detail. · document contacts with residents, both positive and enforcement related, on their log sheets, · patrol Circle Terrace and Washington Street at least twice during this designated shift, · encourage positive police-community relationships with the homeowners of the area, · enforce laws with zero tolerance for any violations observed, · report any significant problems encountered to Captain Roddy, along with any suggestions that you might have for solutions to the issue presented, and · report ordinance violations, taking initial action where applicable. The summation of the project that was presented to the City Council is attached to this memo. The Council endorsed the concept in full support of additional police/community relations in this area. In show of this support, they authorized an additional expenditure of$15,000 to $25,000 as needed to accomplish this endeavor. This concept has been implemented previously in high call locations and has been quite successful in reaching the above listed goals. I hope that a concerted effort in this area will obtain similar results. Note: Since this detail has been authorized by the City Council, the Police Department has the expectation to field an officer for this detail on all posted dates and that the officer working the detail will be actively working at accomplishing the above listed goals. When working the detail, please mark your overtime slip "grid 8 detail" so that Mary Dugdale will know what fund to charge. TMJ:mld 06-064 Attachment -46- ACS FINANCIAL SYSTEM 1/12/2006 15:32:40 LEVEL OF DETAIL 1.0 THRU 3.0 PRELl ~Vii ~ ~ ~ ~:. 'A fit IL~l"sJ :' :;)~l' ~ft '.'; "/ \\~/ " !. " ,I'" .~, .,." til ""Il'i""'oiI~1i;, Expenditure Guideline FOR THE PERIOD(S) JAN 01, 2005 THROUGH DEC 30, 2005 ANImAL REVISED BUDGET ENCUMBERED ACT MTD POSTED ACT YTD POSTED AND IN PROCESS AND IN PROCESS ----------------------------------- -------------- -------------- -------------- 42100 101 GENERAL 1000 1010 1011 1020 1023 1031 1041 1043 1045 1050 1070 108 - I 121 H:>- 122 "'l 122:> I 1300 1510 1700 1800 TOTAL: 2000 2010 2011 2020 2030 2070 2160 2170 2171 2172 2173 2175 2280 2282 TOTAL: POLICE PERSONAL SERVICES ACCRUED SALARIES REGULAR EMPLOYEES PART-TIME EMPLOYEES OVERTIME-REGULlli{ OVERTIME-OTHER HOLIDAY PAY COURT PAY TRAINING PAY LONGEVITY SEVERANCE PAY INTERDEPARTMENTAL LABOR SERV INTERDEPARTMENTl\L LABOR CR P.E.R.A. CONTRIBUTION F.I.C.A. CONTRIBUTION FLEX BENEFIT FICA INSURANCE WORKERS COMP INSURANCE PREM ALLOCATED FRINGE INTERDEPARTMENTl\L FRINGE CR PERSONAL SERVICES SUPPLIES OFFICE SUPPLIES MINOR EQUIPMENT COMPUTER EQUIPMENT COMPUTER SUPPLIES PRINTING & PRINTED FORMS TRAINING & INSTR SUPPLIES MAINT. & CONSTRUCT MATERIALS PROGRAM SUPPLIES GENERAL SUPPLIES UNIFORMS PROTECTIVE CLOTHING FOOD SUPPLIES VEHICLE REPAIR l\ND PARTS GAS, OIL, LUBRICANTS SUPPLIES OTHER SERVICES tc CHARGES 0.00 1,663,378.00 0.00 72,932.65 25,000.00 62,377.00 15,067.00 15,067.00 27,734.00 0.00 500.00 10,451. 00- 158,498.00 38,594.00 0.00 218,220.00 69,997.00 250.00 5,225.00- 2,351,938.65 2,100.00 5,000.00 4,500.00 3,000.00 1,550.00 2,500.00 800.00 2,500.00 5,500.00 11,000.00 4,000.00 50.00 16,500.00 28,000.00 87,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 363.74 0.00 0.00 206.71 69.21 0.00 0.00 901. 51 1,314.62 945.86 1,799.85 0.00 0.00 0.00 5,601.50 50,728.80- 188,287.17 2,172.17 12,811.43 1,604.21 21,697.36 3,542.11 1,315.79 4,804.30 0.00 0.00 0.00 13,420.19 2,909.23 90.18 16,349.32 4,766.10 0.00 0.00 223,040.76 141.52 0.00 0.00 78.48 0.00 1,163.94 0.00 0.00 339.57 1,537.59 0.00 38.50 0.00 0.00 3,299.60 0.00 1,609,431.35 2,431.33 100,102.32 18,213.86 60,889.97 21,527.41 8,141.84 27,964.10 738.58 0.00 0.00 154,149.37 35,227.36 1,001.42 206,328.99 57,322.25 0.00 0.00 2,303,470.15 2,541.06 1,410.83 0.00 3,369.84 1,720.05 4,441.42 0.00 1,487.29 3,346.47 10,937.12 1,799.85 621.02 12,644.76 32,000.40 76,320.11 CITY OF COLUMBIA HEIGHTS GL520R-V06.70 PAGE 11 REMAINING BALANCE 0.00 53,946.65 2,431.33- 27,169.67- 6,786.14 1,487.03 6,460.41- 6,925.16 230.10- 738.58- 500.00 10,451.00- 4,348.63 3,366.64 1,001.42- 11,891. 01 12,674.75 250.00 5,225.00- 48,468.50 804.80- 3,589.17 4,500.00 576.55- 239.26- 1,941.42- 800.00 111. 20 838.91 882.98- 400.30 571.02- 3,855.24 4,000,40- 5,078.39 PCT o 96 9999 137 72 97 142 54 100 9999 o o 97 91 9999 94 81 o o 97 138 28 o 119 115 177 o 95 84 108 89 1242 76 114 94 ----------]]] ] ----------]] ] ----------]]] ] ----------]]] ] ----------]]] ] ----------]] ] ----------] ----------] ----------]]] ] ----------]]] ] ----------] (:I[X_~Q!l~(r~}.o'!1:T:rr~R AGEN NO. ITEM: u june ), .. ) DA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER POLICE APPROVAL: ---~-- ----......_~,----- Authorize up to $25,000 in O.T. funds for B'lT Thomas M. Johnson BY: . Y: additional police officer in Grid 8 area DATE: June 7, 2005 DATE: - r' JOt)' NO. BACKGROUND On May 18, 2005, members of the City Council, City Manager Walt Fehst, Police Chief Thomas Johnson, and Corporal Lee Okerstrom met with residents of the 4500 and 4600 blocks of Polk Street Northeast. At this meeting, the residents advised the city that they were concerned with the behavior of the people who live in this area and the criminal activity they felt was taking place. During this meeting, it was decided the police department would assist the neighborhood with the setup of organized Neighborhood Watch programs. The Mayor also stated that we would look at additional resources for the area during the summer months. On May 31,2005, the Mayor, City Manager, Police Captain, and the Police Chief met to discuss the issues ill this area. The Chief of Police pulled up all calls for service in the area of concern for 2004 and thus far in 2005. In 2004, there were 822 calls for service in the grid 8 area. This is approximately 13 per cent of our total calls for service in 2004. The type of calls covered everything from ordinance violations to serious assaults. There were several reports of drugs being sold in the area, all of which were turned over to the Anoka/Hennepin Drug Task Force and created extra patrol by Columbia Heights officers in the area. The extra patrol generated many traffic stops, which resulted in drugs being taken off the streets and many arrests being made. By looking at the calls for service in the area, it was noted that the calls increase at 9:00 a.m., stay high throughout the day, and start to decrease at approximately midnight. Thus far, in 2005 we have responded to 374 calls for service in this area. If the current totals stay consistent, we project we will handle some 900 calls during 2005 in grid 8 alone. As most of you are aware, there are several rental units in this area. These units are getting older and the rents they demand are low. The area is in need of renewal and a better plan as to how to configure rental versus owner occupied property. The Mayor and City Manager '.vill consult with the Communit'j Development Director on how to address these issues. The turnover in these units is quite high. Our use of the "Conduct on Licensed Premises" ordinance has allowed us to generate letters to the property owners, which in turn results in the eviction of many tenants for bad and/or illegal behavior. Unfortunately, this is not a very fast process, which can create ongoing problems while waiting for the tenants to be evicted. It should be noted that we have a very positive response from the property owners in this area when confronted with "Conduct on Licensed Premises" letters. The Mayor requested the Chief of Police develop a plan of action for the coming summer to address the concerns of the neighbors with whom we met. ANAL YSIS/CONCLUSION Based on the information obtained from the residents of this area, a review of the statistics from this area, and discussions with the Mayor and City Manager, the following plan of action is proposed by the police department: An additional police officer is placed in the grid 8 area from 7 :00 p.m. to midnight on Thursday through Sunday each "i:l1FAek "....~o i"'i""<'11 nf"t'h;cr .-..f'"f;.-..o.-r ~co t~ 1...A h;n:hlu "iT;i"'~hle (r"~~;r'i.'j"'ar<.on^e\;9"\ orrlc;>;~ +'" Ae""~"'" .....nd rlotec+ ....."..,,'jiF ,..,.~...........;.......nl .....C+~H.;tv VY\.t . .l.11"-' sual. VJ.. LU......, V.LJ.J.""""L L":'> L.V v\..t U&UJ VJ.\:)J.V.l VUllUPJ.\..o\)v.1v J 1.U \.Lv! LV U L\..<l a! U\,.;t.. L all)' vll1lllHal a 1.1111 J taking place. The officer(s) working this area would work at getting to know the residents-and especially the juveniles. All laws would be strictly enforced, including city ordinances. If problem areas are discovered, the officer would report this to the Police Captain and a course of action would be developed to deal with the issue. At least twice during the five-hour shift, the officer assigned this detail would go to the Circle Terrace area and the area of Washington Street N.E. between 46th and 47th Avenues. The officer would spend up to 30 minutes in each of these -48- C:oUHcii Letter -, June "/, 2U05 areas, being vi. ible and lookinr; for law violations. The officer wijJ then return to t]F~ grid 8 are,;.. All activity performed by this officer, times, dates, and locCltions will bc logged and a copy oftbe log fop\fardcd t;..l the Captain and Chief of Police. The police department would work closely with the Fire Department, Public V/o:-ks, Community Development (Building Tnspector), and the Sllecial Projects Coordinator thi'0'.1g11 t11(' Code Ellfon~errlent CODlll1ittee to abate issues brought to cur attention. The 20 hours of overtime work per week would be paid via a special fund set up by the City Couuci L Tile fund would be authorized to spend $15,000 in overlime and up to, but no more than, $25J)():). The additional funds woulc]3.11ovi us to put 01.!t ac1ditiomll resources if the need presents itself. The police department ,vould report in thf.~ weekly green sheet the activity ofjhe officers involvccl m thlS Sj )ccial detail. g~"(:~Qr':.'iJlH~JY!2I~~U!!QIJQN: Move to authorize up to $~5,000 in overlime funds to be used by the PoJice Department to place an "dditional officer in the grid 8 area for up to 20 ho' f:, per week fro111 .fune to !\uguSl 2n05 and to appropriate $25,000 from the General Fund, unreserved funcl balance fi:n" this purpose. TMJ:mlcl 05-115 ~ II II COUNCIL ACTION: II -49- MINNEAPOLIS Pawl e nty to meet with city officials about crime' . The governor had said earlier that Minneapolis had money it could use to fight violence. By ROCHELLE OLSON raolson@startribune.com After saying Minneapolis should spend more money fighting crime and less on neighborhoods, Gov. TIm Pawlenty backed off Wednesday and said he will meet with city officials to see how the state might help fight vi- olence on the streets. In an interview on Minnesota Public Radio broadcast Wednesday, Pawlenty reacted to two recent fatal shootings of visitors out for the eve- ning in Uptown and downtown. "From my vantage point, when you've got people shooting each oth- er in the streets and you've got all that money sitting in Neighborhood Revi- talizationPrograms (NRP) and some of the other things they do that aren't as high a priority, those resources should be redeployed in my view in the near and intermediate term on cracking down on this violence in Minneapolis." . The statement angered city lead- ers, who blame Pawlenty for cutting state aid that paid police salaries. Lat- er in the day, when asked if the city is poorly managed, the governor was more conciliatory. "Before I jump to further conclu- sions, I think we need to talk to them and see what we can do," he said in an interview. A meeting is planned for 1:30 p.rn. Friday at the governor's residence in St. Paul with Pawlenty, Mayor RT. Ry- bak, interim acting Police Chief TIm . Dolan, City Council President Barba- ra Johnson. Hennepin County Sheriff Pat McGowan and state Public Safety Commissioner Michael Campion. Crime continues: Dolan has plan'to am T't"'ln'ro r"ffirQ'TC' rrn +hQc c+rQ,:::l.+ 'R'7 ... , ., STARTRIBUNE.COMjLOCAL ~~11. Tr.z.., ~ tR,6rY\ y 10 (,,/ Ob 3 stadium plans are ilJ . As the Gophers proposal heads for a House vote today, the Vildngs and Twins pusp. their own projects through legislative committees. many legis) foresee all t proved in a developing. Sen. DOl chief Senatt stadium bill move to cor proposals i may occur a posals on Sl "problemati But Wem 'to the unive: um plan, wI By MIKE KASZUBA and CONRAD DEFIEBRE Star Tribune staff writers Both the university's proposal , for a campus stadium and the $I bil- lion complex in suburban Blaine that would be anchored by a VIkings sta- dium won legislative committee vic- tories Wednesday. Only two days be- fore, the plan to build a $360 million Twins stadium in downtown Min- neapolis cleared its first legislative committee hurdle. While each proposal still faces significant uncertainty and while With a proposal to build a new football stadium for the University of Minnesota heading for a full vote of the House today, the push to ap- prove three stadiums - one each for the VIkings, Twins and Gophers - is muscling its way up the agenda at the State Capitol. << THIS WASN'T BUILT TO BE A PRISON, AND T PROBLEMS. )) Connie Roehrich, warden of Faribault state prison A.,., ;T"IT'r"I'~+O ~+ -c':21''''ih<:l"l+ c+~+t:) n"';C'I"'\T\ """':1/"tCl h;C 'fAMU+"" tho 'Dorh-u".....".:r 1\T.........+'h h't'l';lAi'Y'\l"'f ^'" ...1--..0. 1 """'L~t' ,d )- Pepin, Rita (Schommer) 76, of Hamel, "a smiling example of strength" , passed on to eternal peace with our Lord on April 4, 2006, from pancre- atic cancer. Preceded in death by parents, Francis & Elizabeth Schommer; brothers, John, Joe and Leo; sisters, Louise, Dorothy, Marie, and Jenny. Survived by husband. Robert; daughters, Kathy, Mary (Greg Bakeberg), and Patricia (Jerry Was- hatka); sons, Bob (Carole), Henry (BeckD, David (Krls), and Ron; grand- children. Mike, Katie, Matt, Jenna, Ellen, Lee, Shannon. Billy, Sierra, and Nick; sisters, Susan Benson, Betty Farr, and twin sister, Rose (Gerald Dykhoff); brothers. Roman (Betty) and Francis (Germaine) Schommer; many nieces, nephews and extended family. Former employee of Wayzata School District and the Star Tribune. Visitation Friday from 4 to 8 PM. with a prayer service at 7 PM at Gearty- Delmore Plymouth Chapel. 37th and Vicksburg Lane. Mass of Christian Burial 11 AM Saturday at Ss. Peter and Paul Catholic Church, 145 Rail- way St E., Loretto, with Interment in the Church cemetery. In lieu of flow- ers, memorials preferred. Gearty-Delmore Plymouth 763-553-1411 Perrin, Annabelle M." (nee Tozer) Id II. )f Ie J- ;s j- Ie 1- :k ;9 )- IY la Id :e :1.- .0 Ig Is y, ,d v; s. l1 E. e- Id ,d 'y Y, s. )6 Y e, Jr " age 73, of Anoka. for- merly of Monti- cello, MN. Pre- ceded in death . by husband, Joseph Jr. Sur- vived by son, Joseph III; daughters, Connie (Rich- ard) Dalsen, Barb ara (J ef- frey) Besta. Teresa (Dale) Peterson; grandchildren. Bill and Jenni- fer Dalsen, Madeline and David Besta, CJ. and Leah Ann Peterson; brother. Wil- bert (Carol) Tozer; many nieces, nephews, relatives and friends. Mass of Christian Burial Saturday 1 PM, St. Stephen's Catholic Church, 525 Jack- son St., Anoka. Visitation Friday 5-8 PM, Gearhart Anoka Funeral Home, 552 East River Road, Anoka. Also one hour prior to Mass at church. Interment Calvary Cemetery. GEARHART 763-421-4347 !d ic e, n, n ), 3 10 1e h- s. th a- ;h a- 3. 10 ,- s, r- y. A, Ie Rankka, Robert W. age 67, on April 5. Service 5at., 4/8. Full notice Friday. Cremation Society of MN, 612-825-2435. e- 'd 'Y lk Rico (Moses), Richard Dcuglas age 85, of Mpls, went to be with the Lord on Fri- day, March 31. 2006. Survived by wife. Donna; daughters, Valerie and Mary Swenstad; stepson, Lloyd (Dorrie) Lewis; sisters, Laura (Willard) Thompson, Rose (Delmar) Napue and Arlene Lar- son; many grandchildren, great- grandchildren, other relatives & friends. Memorials preferred to Hennepin Co. Humane Society. Inter- r:nent Resurr~c:.t!o~. ~em~~erx. ?er:r.ice II THURSDAY, APRIL 6, 2006 . STAR TRIBUNE. TWIN CITIES. B7 Swanson, Shirley Ann age 54, of Minneapolis. Born May 30, 1951 and grew up In Appleton, MN, passed away suddenly April 4, 2006. Preceded in death by parents, Fred and Ann Behrens. Survived by hus- band, Caryl; sisters, Ardi Kramer and Judy Schroeder; mother-in-law, Gladys Swanson; nieces and neph- ews. Shirley enjoyed gardening. sewing, floral arranging and keeping in touch with family. Memorial Ser- vice, Friday, 10:30 AM at Gill Brothers Funeral Chapel, 5801 Lyndale Ave. S., Mpls. Visitation one hour prior to service only. Interment Fort Snelling National Cemetery. GILL BROTHERS 612-861-6088 Vogt, Lyle L . ~ age 68. of Apple Valley. . ~ Went to the Lord on April 3, ===== 2006. Preceded in death by parents, Mabel and Wil- liam Vogt; sister, Ardis Brantner; and nephew, Jamie Nielsen. Survived by loving wife of 43 years, Marian; chil- dren, Steven (Char), Kevin (Anne) and Pamela; 10 grandchildren; 3 sisters; and many nieces and nephews. Fu- neral Service 11 AM Friday at MOUNT CALVARY LUTHERAN CHURCH, 3930 Rahn Road, Eagan. Visitation 5-7 PM Thursday (TODAY) at KLECATSKY & SONS, 1580 Century Pt. (Yankee Doodle at Coachman). Eagan and 10-11 AM Friday at the church. Inter- ment National Cemetery. In lieu of flowers, memorials preferred. Klecatsky & Sons 651-454-9488 Vorlicky, Eugene "Gene" .~ Loving Husband, Dad. ~ Grandpa. Great-Grandpa, ==:::::::: age 76, of St. Paul, passed away April 3. 2006. Sur- vived by his loving wife of 52 years, Bernice; children, Debbie (Dave) Hep- pelmann. Paul. Roxann (Jim) Perrone. Matthew J., John (Jane). Jean Vor- !icky; 11 grandChildren; 8 great- grandchildren and one expected soon; loving sister-in-law, Charlotte Hammer; other loving family and dear friends. Visitation 4-8 PM Thursday, 4/6/06 at WULFF GODBOUT FUNERAL HOME, 560 West 7th St., St. Paul and one hour before service at church. Mass of Christian Burial 11 AM Friday at ST. JAMES CATHOLIC CHURCH. 496 View Street, St. Paul. Interment at Fort Snelling National Cemetery. WULFF GODBOUT 651-224-4868 wulfffuneralhome.com Walter, Leslie A. age 61, of Mpls_ Born 1/17/45 in Alex- andria, MN. passed away 415/06. Pre- ceded in death by parents. Kenneth & Mildred Walter; sisters, Grace and Dorothy Walter. Survived by children, Ted (Sherry) Walter. Tiffany (Arden) Kirkendall. Tamme Walter; grandchil- dren, Justin, Jeffrey, Samarah, Bren- nen, Megan, Kiarah, Carter and Tyler; brothers, George (Mary Ann), Charles (Mary An n), Daniel (Linda), Ivan, Clinton (Debra), Fred (Debbie) and Roger; sisters. Ruth Tomes, Leonna Stratton, Marjorie (A be) Heppner, Eu- nice (Gary) Pederson; and former wife. Cookie Waiter. Funeral service Saturday 12:00 Noon with visitation one hour prior at Thurston-Lindberg Funeral Home, W:Main St. & Branch Ave.. Anoka Private interment. In lieu of flowers. memorials preferred. Thurston-Lindberg Chapel 763-421-0220 Pawlentywill meet with city officials ~ CRIME FROM B1 Also Wednesday, Dolan an- nounced a strategy to get more police on the streets during the summer. And DFL state sena- tors said they will seek fund- ing for surveillance cameras in high-crime areas. Asked about the level of vio- lence in Minneapolis, Pawlen- tysaid, "1 think we all are con- cerned about violent crime across Minnesota" Rybak said he would wel- come a chat with the gover- nor, but was also pointed in his response to Pawlenty's com- ments. "The most, important thiIig he could do would be to restore some of the local gov- ernment aid money that was cut,", Rybak said. If the gover- nor restores money, the may- or pledged to channel "every nickel" into public safety. The city lost $37 million in annual state aid in 2003, down from the $118 million it had been receiving. The state boosted the aid to $94 million this year. Typically crime in the city picks up in late spring and summer. Dolan's proposed summer strategy includes as-' sistance from the University of Minnesota police, Hennepin County and the city's park PO- lice. "If the state wants to join the party, we'd welcome them," Dolan said. His plan would use $3 mil- lion, or an estimated 60,000 overtime hours, to increase "visibility and presence" of of- ficers on the streets. The mon- ey was budgeted for the sala- ries of new officers, but only 34 of the 71 new officers funded by the council will be available to hit the streets this summer. Rybak said he likes Dolan's plan. "1 want to get officers on the street as quickly as possi- ble," Rybak said. PawlenWs NRP slap didn't sit well with Johnson, who noted that many neighbor- hoods use their NRP money for crime-fighting and that the law doesn't allow it to be di- verted from the program. "If he has some ideas to help, I'll run over to his office," John- son said. "It's his state. I am sure he's as frustrated a lead- er as I am. It's disgusting that people get killed for a moth- er's purse. It's absolutely unac- ceptable." DFL state senators from Minneapolis also respond- ed sharply to Pawlenty's com- ments, saying that neighbor- hood groups in the city's high- crime areas have used NRP grants to install surveillance cameras that can be linked to a police network already in use downtown. Sell. Linda Berglin said a bill she is sponsoring would pro- vide $180,000 to connect cam- eras in three neighborhoods to the system. Staff writer Conrad deF~.=bre contribut- ed to this report. Rochelle Olson. 612-673-1747 St. Paul council puts off vote on airport flood wall Wee, Helen (nee Jensen) Age 91, of Mpls. Service notice later. Washburn-McReavy Th St P ul C'ty C il Columbia Hts Chapel 763-789-4436 e. a 1 ounc . _ 51 _rd testimony for an hour Weisberg, Abe m_dnesday night on a contro- ~ age 90, o~ Golden Vall~Y. versial flood wall proposed for ~ Preceded 10 death by Wife. . .. ,', and state agencies, including the U.S_ Army Corps of Engi- neers, the Federal Emergency Management Administration ..1 .Lt_ _ "F.!__ _ _~A.~ T"\._~._..-Jo- General Ledger Inquiry GL110I 20 ACS FINANCIAL SYSTEM ** Account Summary ** 101.42100.1023 I)GENERAL 2)POLICE 3)OVERTIME-OTHER _PERIOD_ _____MONTH FYE 2004 1/31/05 2/28/05 3/31/05 4/30/05 5/31/05 6/30/05 7/31/05 8/31/05 9/30/05 10/31/05 11/30105 12/30/05 FYE 2005 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,724. 76 3,389. 11 4,624.85 2,757.82 3,113.11 1,604.21 0.00 YTD CURRENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,724.76 6,113.87 10,738. 72 13 ,496.54 16,609.65 18,213.86 18,213.86 0.00 ADOPTED BUDGET 25,000.00CR REVISED BUDGET 0.00 18,213 . 86 Current Period Current Year 6,786.14CR Remaining 27 % Remaining Detail to Display.... A (A/B/D/E/P/I/O) Show Detail Starting At 01 I 01 I 2005 B/F/S/R/. ACTION? -52- CITY COUNCIL LETTER AGENDA SECTION: Consent NO: ~-A-S ORIGINATING DEPT.: Community Development CITY MANAGER APPROV AL BY: '. Iff /J. / !i4~kl /flU. ITEM: Resolution 2006-50, Conditional Use Permit for Seasonal Agricultural Sales, Case #2006-0402 BY: Jeff Sargent, City Planner DATE: April 5, 2006 ~ Background: Frattallone's Ace Hardware has applied for a Conditional Use Permit to allow the operation of a seasonal mini- garden center for flowering plants and retail sales. According to Section 9.106 (G)(5) of the Zoning Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The ordinance limits the number of days that seasonal agricultural sales may occur to 90 days. The applicant proposes to operate the garden center for 90 days, from April 15th through July 15th (see attached letter). The attached site plan illustrates the 21 'x48' tent location, which will be located directly in front of Ace Hardware. This site plan and configuration remains unchanged from previous years. The greenhouse structure will be the same as previous years with two, six-foot doors remaining open at all times during business hours. There will be at least two fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. The greenhouse will displace approximately seven parking spaces. This will be the Frattallone's 13th year operating a temporary greenhouse at this location in Columbia Heights. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on April 4, 2006. They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the two conditions listed in the recommended motion. Recommended Motion: Move to waive the reading of Resolution 2006-50, there being ample copies available to the public. Move to adopt Resolution No. 2006-50 approving the operation of a seasonal mini-garden center at 2261 - 37th Avenue NE from April 15, 2006 through July 15,2006, subject to the conditions outlined in the Resolution. Attachments: Resolution 2006-50; P+Z Memo; Site Plan, Application information I I COUNCIL ACTION: -53- RESOLUTION NO. 2006-50 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FRA TT ALONE'S ACE HARDWARE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2006-0402) has been submitted by Frattalone's ACE Hardware Stores to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 2261 - 3ih Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)( e), to allow outdoor sales or display. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on April 4, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use wiH be designed, constructed, operated and maintained in a ma!1.ner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. -54- Resolution No. 2006-50 2 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part ofthis permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. Passed this _ day of April 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson -55- Resolution No. 2006-50 3 Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -56- CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2006-0402 DATE: March 23, 2006 TO: Columbia Heights Planning Commission APPLICANT: Dan Terzich, Frattallone's Hardware Store LOCATION: 2261 - 3ih Avenue NE REQUEST: Conditional Use Permit for Seasonal Sales PREPARED BY: Jeff Sargent, City Planner INTRODUCTION Frattallone's Ace Hardware has applied for a Conditional Use Permit to allow the operation of a seasonal mini-garden center for flowering plants and retail sales. According to Section 9.106 (G)(5) of the Zoning Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The ordinance limits the number of days that seasonal agricultural sales may occur to 90 days. The ap~licant proposes to operate the garden center for 90 days, from Apri/15th through July 15 h (see attached letter). The attached site plan illustrates the 21 'x48' tent location, which will be located directly in front of Ace Hardware. This site plan and configuration remains unchanged from previous years. The greenhouse structure will be the same as previous years with two, six-foot doors remaining open at all times during business hours. There will be at least two fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. The greenhouse will displace approximately seven parking spaces. This will be the Frattallone's 13th year operating a temporary greenhouse at this location in Columbia Heights. PLANNING CONSIDERATIONS Consistency with Comprehensive Plan The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. -57- City of Columbia Heights Planning Commission Frattallone's Greenhouse - Conditional Use Permit April 4, 2006 Case # 2006-0402 CONSISTENCY WITH ZONING ORDINANCE The Zoning Map classifies the property as GB - General Business. Retail uses are allowed in this zoning district. The Frattallone's proposal will impact approximately seven parking spaces. Overall, the proposed tent will have relatively little impact on the site, as there is currently an abundance of parking spaces and drive aisle access will not be impacted. Please note that the Fire Department has reviewed the proposal and has no concerns regarding it. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit. 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator: Seasonal agricultural sales is a Conditional Use in all zoning districts, and is considered retail sales, which is permitted in the GB - General Business District. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan: The Comprehensive Plan guides the subject property for commercial use. Retail sales, such as greenhouses, is a permitted use in the commercial areas. 3. The use will not impose hazards or disturbing influences on neighboring properties: The outdoor tent and related business proposed will be placed in the southeasterly portion of the parking lot away from residential properties and should not have any detrimental impact on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity: The garden center as proposed will have no impact on the use of adjacent properties. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area: Frattallone's has been operating a seasonal greenhouse at this location for 12 years, with the City experiencing no complaints. The proposed garden center should not negatively impact the existing character of the vicinity. 6. The use and property upon "Nhich the use is located are adequately served by essential public facilities and services: The property is currently served by adequate public roadways and necessary utilities. -58- Page 2 City of Columbia Heights Planning Commission Frattallone's Greenhouse - Conditional Use Permit April 4, 2006 Case # 2006-0402 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic: The traffic generated by the garden center will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 8. The use will not cause a negative cumulative effect on other uses in the immediate vicinity: As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity, which are zoned for residential and commercial uses. 9. The use complies with all other applicable regulations for the district in which it is located: As determined by staff, the use complies with the applicable regulations of the GB General Business District. RECOMMENDATION Staff recommends that the Planning Commission recommend that the City Council approve the Conditional Use Permit for seasonal agricultural sales subject to conditions of approval outlined below. Motion: The Planning Commission recommends that the City Council approve the Conditional Use Permit for seasonal agricultural sales at 2261 - 37th Avenue NE from April 15th through July 15th, 2005, subject to certain 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 outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 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""" f LU ~'.-I .:::..f:JJ..:.J.....' ~ I ..:::....:: 0,,).1 '-+0.::: L__\c/ r~.h I I nLLUl""ic:.~ n-If":.uwr-1f"<:.c. [ FrattaUone's Ace Hardware Stores Febmary 8, 2006 Pat Smith City of Columbia Heights Community Development Departnlent 590 40th Avenue NE Columbia Heights, MN. 55421.3878 Fax 763-706-367J RE: Conditional Use Permit Dear Mr. Smith: We are planning to display a flower tent for. the purpose of selling green and flowering plants. The tent will be 23' x 48' in size. We will have it installed on April 15th and removed by July lSth. It win be placed in the southeast comer of the parking lot ~__Sin;~elY,/~ ~ ~'J-. Dan Terzich Store Manager FrattaJlooo's Hardware Stores, Inc. -61- r.U.L/tJl. l I I ----' TOTAL P.01 \,1J ~ if' ] ~ J <! 3 j a " ~ ~. ,OE < r: ~ I I' oi ... 0- 7- j ~ ~ - ...1 tv -~ ~~ .... - Ii ,. - I I i , i I ~ - ..) cr 3 o ct o a. 1 l- t: ., t- ~j..; a. l.Z. It t x "" & 4 'CZ tl.. -c: ~~ ~~ """ ~. ~~- . '11 CI 0 .J ~ J. ~ ct. e. ~ g ~ ~ c{.4 :t 8h . , '" /..: ...J.. r4 l..L ~ t )( r ~ r r '-r I t ~ I 1 u... I - I I a'/ .. , I .... -:1- ._- ... . ~ . . t.. d c- "" . [ -, . b I I . r . t ' ,. I . I - . , c , , :;) I I J. I t 1"1 I I t I I I J I , I lI\ ~ - . ~ 0- ~ (j; c - . v ~ e < t , C!.) i ! -t i . 1 f I r I t - t ~~ I I I I , I I I . \ . -62- "ilT I ~ C:Ut pOlY on enaa to S/'low your giants at ~- Ch<<k Our 'LEASE.MART. Finane. Plan No Paym.ms in Off Stl8Soni! J_ . ......~,-:.~~_ "'_ . ~--, , "- ~ .~~; :-..:; I .::...:.~:: E!/ ...!:o.er!" S:'l::r...." WITt! .;;CLf.\'E?-!i" c~:nc. il'lll:! :o....ffrtc ce. ;flicn. .=-:t.:';/e~T ;:rccs c:;mcifj'If,,'!:o (:"lit ;rc",nc :0 a;1C'-h ~~r ;;r"l::i.: ver,uiaocn ar:e a \l1~N ~:: ::cc;~ ~.~::"i: :t.::s;=a ,:"::.:. ~c:e '; ~,;,,::~.. 'I :rccl..l:': :.~.rcu<;:'1 :ne ::~aa.r ;)OIY ~nQ ;lanel '7"'1~ CAFlOE.... .",).A;- JC:S as a :ill~oarc :0 ::raw attennCfl (.~ yc..r s:>rin<;; ;;'ilf'llS. Shown a.co:.w&!$ i ~CEN MARl' ~'. wil%' :Nt ni'W $~Ct!'Sll:e: 'efltlaoon SYSt~ 'l'I$'WflC. Tht elltat' :loaf\8iS. ,tla":ill of cO'Jete ....tlle-:-: ;:Jc'yC.1r:onato, will ~a: s"atter :;;r cr3C~. :-~.~~. 3rlt almost ~l!'i.JC'.:lC:t 'leI SlJl)Jtf :tql'1\'WItIQMI. ~J.$Y :0 .t15C'.ll; If'C '~r1l'I!. ~~~a~ "'"': : :.l.) ~ ~ J .. _:""":""'i_.1..___ NEW ~or '94 as an at- t~rnati"'e :~ .::OLy,"/E:vr ihe 5UOe.$IOe ~entlia. ~iCf1 syst~m operates matlually ana r'C;lJfrefl no ,',c:.'ic:ty. InStall sr;c: fwr:c:;cm~ '~IJc." like any sliding door. For minImum vennlaric s:m;:/y ,usn ~ane!s open a lime. Fer a Jet of air :':'levemene :\.,;$ ocen au \!'It way. If maximum ventilation is CEt$lfed. :ne panels .:a oe c::mplfttelY r'!mQved as shown aoo.".. ..iust 11ft ana pull~ut O::lllCnal :rt'u.amOI.~ ~e ga. steel CliMe.' :eel m&J<.. t~e merC~anQLSln9 a cr..:e, ;t:'.~;- ::::s art 'alIi/'f 'limO\l8<; anc CI'3.C-'<.tS 'SWIng 01.11 Cf :~. way ro ciSQlay larc;er il,mll suct! as C."lrf$tmas :re.s. lite. - No Price Increase from '93 Inc~~ceS.lcce' ",.,: !Q'...ar ~::l;h 3:"::::::::::_ Nc: :e:~c."': ~::':. ?.... ,\" ~C' '- I "...., STiLL. ONL:, $232500 ~ 21'x.:8'.:;!cC ~.~ 2~'..( :3C' ~ :,?~',~ ~:~~. n IIdL Galvanized 3enc;~ P3c!<ages r:~:r-::'e~0 :2....:- 5'/;;;;\:;(:; :::: ?j' v;C'. r;(;J. _;., ~~o more wIICS. 3.nc.., ;oas ~. ,'O'H mace . - ... '" i..Slng :1"1i '':.''!/Clie CI,IIC1< t.Qk,!'SVSllm, 3wit:o -*'::; 1 x.:.8' ~ :Ie s:rO"9 lfld clean. Share c~r".r'5 ;'3'1e .::: 1 x ~\J' , . :-: '::. '. :Jeeo rounoli'C oft iU'd eenc;-; :005 $\30( ~9f'l(!". "'''o!n ,'C: ;Muse. CANAO~ CALL 1 ~507~663.0362 r=:: 3(:':'< .:.t::~~ \:..~S7'L:: ~CC:<. ,\lt~ 55u~tJ -63- ~-'X ,...O~ -~.... ,..,,~.,- ~-' ,.:) {-tJ00'.'J..)~X" --0 8-?'-""4u1':'~ 1-80 .. ".... ......:~~'-, :.. DOES THE WIND EFFECT THE GARDEN MART? NO... The "<ete." at ttle ngttt S/'lows thlt secret of holding tt1e GA.RCEN MART in placa during hiqh winds. 1. Hanging OasketS are hung /rom put1lns attac..,ltd direc:ty to tne nooos. This transte~ all baskltt weight to 'ndivlCllJaI heoos. 2.. The welgnt of all flals. :JaJllltS aIld benen tops restS In :l1e urHcue ::ulit.,n bene., SlJCllortS. ~galn. bene.., SIJOCOI1S :ue rirmly attac..,ed to UC:l nccc. ::1. i-!eaw, waler 51lea tuOes or conerete blOd<s rest OirecJy on :ne ~~:unc anQ lower memoer Of troe :Jenc:'! ~UPPOl1s. (Over ~.OOO pounas otwaler or' 6.000 paunes :It c:Jl"c~ete ::ICC~ :~ojCl$ lMe GM-60 in place.) ;,e ::::mClnec: ',y.e!gnt of baskets. fiatS. Slce cenc:1rng ~I'C ",ater ::.;ces :: :::~c:g!e :Icc!< i$ concentrated alcn<; com SlOes J! :,'8 GAAOEN MART. mls cOmoined welgm irmlv anC:1C:S ,:-:e GA.RCeN ,\d;"RT aC;alnst '/ertlc:al 3.nO s:raJc;j:'lt jOlt wlncs. OptIonal ;;alvanlze-j ::lene:'! toos inc~ease display tlexlcliirl. C.:nS;;'.Jc~ec of 16 ga. rell-tOrmed s;:ee!. ::';~~-? :s:'.,;n:',' :er.c:; :c~s ,::--eate uo ro 972 sq. ft. :1" ~.vc~~:e'-=~ scaca :n ~he 50' mace!. ~cc~: Jenc:-: ~~.:.~ ~~asure "..o":y Q".':J-, !C\.'Y~I'.:~r;c.:i :cc;; :lre 3' .,J- :'1 :':;" STIc:<-eNS _3[;:= ~ 5" ::.:--\ :'~r:;:2: s:!c~(a: ~ft:e s;~~s 3:~ rc~ucec:. 3t'c.....:, ~3SV :: ~:;ac $:gr:s :3["'. ~e >;:~ane-;:I~ :i::.:iC,":':::c :0 :::-.: G,.l"nOEN .. ,"'... . ':' ::r'-~ ,nc" ,rt;:>,rt \1a1<.a we ,-nary Yl""n I. ,_ ...1':1" _ .....10._..., Jhrases ;l,;C:- :!s'::E:C'~JG ,:;')I_.l.NTS" :::if ":,..?CE\; 3:_=:::'_.::3 .Je-.:::::ra!IVe fIC""'E",S nc>~rje'.j. I~~~~.J .... ~"J ~" :-.1 NMART... ~ '! <. v HOW DOES THE POlY.VENT I: SIDE OPERATE~ Th~ GAACEN MART's Pclly-Vent II Sldas can be ODe! or dosea to m~!)C1ml2:e ClJS10mer comfort ane olan: protec:tion. Close trle Sloes completely :0 l<e80 OUl raw spring windS. On nicer days. open tria sides tor maximum fresn air flow throlOgn tt'l8 selling area CroPPIng the sides to groune level allows cl.ls:cmers to stlco from outside ttle GAAOEH MA.RT. One small blower intlates ttle ;::Ioly.Vem II tlJces.. When inflate<:!. P~ly.Vent !I seals cut C::ld and 'Nina wltN 6-incl'les ot inSUlating iJr scace. POly-Vent II sloes on your GA.ROEN MART acos waeKS :0 yOt,;r selling season, lemn; you star. ;!any 'n ~e spnng ana SlttJ late into ~~e :all. 7'hIS means actdee sales aIle ;:rC:T:s ..'1 'feur :;:c~e!. ae~e~ :r:p andcacs simcly rest ':;1 :ii-=G and C~ntal :~r1C:'! suc::cr~= Sene:" sectio!'1C i;f' Jti easily to maKe rcom ~cr :arge :,s:lavtem$ ::r '.:: c:eate ins.ant aISles. .... - .-......_~ '.. ,.~. . ~~:- ;. :~:.' '~""~OE~IIART SPEC:FiCATlONS ~;.' ~.o11-<: 2;:'-.1" __.., ..;:..cOVE?= 'N'ttitlto mil. ~HC.L'j CC'NN S'G-;::'.~' ~,' . '. . ~ :~Wlttallted ;:::otye1i1y1ene -,12 t.1... :Iwc::;a ocrv Haler ~..l.-~.s: 30'.<)"', ~'~J..:~~ . 0 :.nJ.Oa.OI,llit .nto ~I! lengt:"1 !t!~~. 96"...J" 0' __'" - ~.:. _ . _' ._~~ocr:s.xC": &::' . o'~ ,': 7 ~-':::::,iCND--'F.CI:r. c:aar.l! miL . ..:;; 5cias I ~' ~p S~NG.; s"-,)" :-:,:-~tl!'l~~ ..:~ ,c-..-:sromer '-",--' ' ..' '. ,-~-.,,,,,.~,, - ,., - -. ~~ecioOCx '-, OC~GHT-"':.:~~s;.a;$l<EJ'-. _ :~holcl~~ . . fO~~-<J'" .. .."::"::,?PURL'NS.Four1u1~ ,..'" . ' ., . '. . ,.- -.. ':~ 1;:3I81'.~.:;.tcas -, rE!.SC'r;::u~ . '5' v ~GH!~11,"i ~~-TIL~~~}~~h<:~~~' ~ ~..."., . ,.,..-..-.,....-".-,:.,.- ..'":.C"_............ "..".........r_........"'. ~_~'Mttl .... ..' ... . ..- - - '"~l''''''''''' 1..1{.... .............. '1?Q..\,("VlENT 'l) ~:-~= n-:..y~ :;:".'::':-<:'~:;:-~~:;:~. . _' ~ '::::::~~e?~ELS: '-;-=;'~LY~8: ~RWAYSIZ!:.: 6.-0- :'.' _ C:.aroc~ '~Alumll1um~Ni(e "_ ~..It oy ~-a. ~n_ ~~ .:,~_~ ~~gJ :~ ~.,' ':_ - tor ~rs::3Jla'C(Ji" ....-. ."':-. ~ . .... ...:... . '. -...-"" ~ -.......... '- - .- . FAX 1-507-663-0365 1-800-852.3-4-43 -, C~NAOA C~LL 1-507-663-0362 :J (~ -=l'l'( ..l.::'::: !:A.3;:..= FOC<. \ilN S::O~ J . ..... -- ~-( .. - 64 .. OMEGA POINI' LABORATOR.IE8t INC. 18016 SHADY FALLS ROAD ELMENDOU, TIXAS 78112 (210) 633-5100 (800) -..5253 Fax No: (210) S85.8101 FAX TRANSMIttAL SHEET TELECOPV TO: Michael Crombie. PolyvTtx DATE: February 14. 2003 FAX NUMBER: 661483-1419 Result. of ABTM Ea. ~.t(,) If thia tra.nimillljem was incom.plet.. plea.. notit'y the ..net... ~ telephone at (210) 6315.8100, P.,.. TrlilJ'.\$rGitt.d., lnc:luc!in, 'I'hi, Shut: ~5 tela. :+'1 : of.. ...., ~If 'eo'- Vj~4t. O~..l' \Vnb Site! "\'"'''~'.{.p!..cum 'I" '0&.-1.- Fax Notij Ta,M', Oo.iDtpl. P"~. 111I 7671 ,".Ill ------.. '----..l -65- ASTM eS4 OATASHEE'TS ClI'"I: FOL. 'Y- nix, ,NC Cele: aJ1~'O;l T'me: 3"iiI ~IJ! ftlit /Ii "'1'1'I1>>.,: ~ ftrojf!Cl N\.lll1ber' i:'!:S8C.' 1~1 OptrllO" C~/~H !lp'GI""r, 10 '" "'lL.I~OLYETHYL!"!! \GIIIUNI10US; ~IUAl2':1. 24 $PICI~ SUI'POATliD iV iiOO$ , WI~f! TeST ReSUt.. T5 ~MS8PRI.40 INOIX: e tMOf<Ii DEV&1..OPIO ItI)I)(; 40 SPECIMEN DATA 0 , 0 ,. 111' tCJ Iinlflofl (Me) 11 TirM to Mal FS i.c) >> .....1"""''' I'S (,..t)o 1.0 1'1",11 la 110 " (tllC:)o /tM,,,-.lNlS Mall r.m"...ut. ("): !Of Tim. ~ MIX Temp..lure (lee)' ilia TOti! JiYII 5urntd (COJl)i;; r..t); ail f"S'Timt ~r.. tn"mln), u Smoll' ~,... ~A'lftln): 1/lJ7 ,,,.1 Aru r'P"mJIl) eu I"utl ~,..trlbut.O V'!ul: C ..,Inr;M'1'itcl F SI: (8 CALiBRATION DATA nni 10 Ignlllon of '-'.1 ~'<l 0.. (1'1;): 53 Rid O>ik S/Plake At.. [~~-r'I'Illlr 10lUt R(jQ Oa... '11,1 Arti ("fitomin): 1m Ol:tn Flb.r Ik.ara F\.tl At.. (""mll'l); etlS1 .6' -. t ~.... ..~ I ..""f' -66- THa ".,.ClC No., 13160." 33U 1 FLAM! SltlltEAD I") L ., ".,., rli'. " . . ':1'" '.. " .. Iloi--- I -- ~ I .r T ,. ~- ." - " .. ~ · ...,... i I '. :.: .; i:. it~;f~ .:" ~.~t:j : Ii....; :.tll>..:"i, .'r!. ~ .. J.. u "\1.': t~. . t;. '-".. . ...... .... ., ,. 1.\ -"'.. I j ." II It ., .It Smckt (%A) IDa Q "". .. - ,," - .~.. ....."' " ,,":..,.... 10 l~:- -J i I " ~. . 'If . 'I Ia.I ...' I t~.~~ -- ;.c; ., . ~- L.i. ....~. 1,;' t "', _:"0" ~.". ".~:.'" . ":. ., . .. . :. r --I'. ';::J.."...~:"" ..a. ..J;~;: .1jfi.' f!tri. ,s. .J; _:..~ ....0 .~J .,0 a,'r: ;l" "emperatu~. (OF) ';'/tlG :Iltl I';'" I I .. '.. ~.- I .. ." .I ,- / 7 - g. .':-0 -- -.-1 -.. . " ~ <to .r ." . ';,. .. 'I..... .r. I : . , ,1 a..lI C$ .....- . ~ .J ~.,~o I ... . . ., 1./ J - if'" \7'.0 ."".. ... - oN m u TIMe (1'I'\l") ....0... "0 ..Y I.,. o .. "'. I . ...... o...~.,... -67- ASTM ee4 DATASHEETS CI,.nt. 1'0_y. Te:~, INC D.te' 1/1 t.(jJ rime :3 41 PM "e" NumDtr , liroj.-cl N,l~" Q5500 n 330Z Op.rllor C"fllll SDecimtn 10 'f) MIIJ~ ,OL.ViTMYI.ENE (GREeNHOV$' cILI\4) 2' X 24'" IPiC, A SUPI'ORTiO IV ROL,)6 .. 'MRe.. TeST RESULTS FUt.SPREAD INDEX; >> lMOK& ClIVILOPEO "0IiX: 30 S~ECIMeN DATA. . . ""~1'. tQ 'iI1illCilr. ("lO); 11 Tim.. 10 Mu ;ra (Me). III U..lrnum fS (1"'). 5.0 t:",.lCl 980 ., rltC)' ...."""* Mill TIf'ftPffIlW" ("F): en Tim, 10 ~III T."....". (..e): III '1'0\11I 1"'1/8' PJur".d (eullic: I...): ;)1.QI '$'Timlil Ar... ("~mir'!): .. 'melle Art. CM'I'/\In)~ :II.' '1.1" Ar.. ('F.l!'lln): 4IIID ~U.l COllcrlb4.1rtli V.l.lt: 0 Ul'lrOUl'ldM FSI: 2111 CALIBRATION DATA, Tim. tr; l;nitJon of I...lil Flies Oek (i4'IC): SJ Rid 0_ S",... "t.. (~'Ifl;fl). lCCl.CJ.I Red 0'1( 1'\11' Ar.. ("Pm",) t'" 0'... .,ber SO"d FUtl! Atta (-""'11\/' .t ... .... I fo" ~ I ifOIt".,o~ -68- Thl! ~rojeCt No:' 13Ul'l- 11 ;1;)0::; ~LAME S~RiAO Cft) .t .' . . .. , ' ',"" ," ..../'. ~a'z :.'."! ';*'j' :_- .1 -- .. ..... f- , ~.. ... ..-.... ; - I '. . j I .. I ~~~ r ,:'" . .~;!ll. C:}; fl\~' I'.. .. : .,i . ... . .~. '.'" t," ,..,,. ',II ., .1 ~.. ,,!iI. . '. '... U It ,-. \J.~ ..g, .' ~~ "<tr ... '!ot '. l~ ,. .. SmOke C%A) .. .~ ., -. .. '.. .. .,"....". ., .. . ",.r -.. r - ..1 - .1 .C wI4J " I ~..r, f -!-- .... 'tC.~ . :' ,... ..'~.. -.. - - . { ,., "-1 - . ,r :": '.. . ,l. I.. . l'" "J.. -,;I'" ~'.,'!I'("'I.t' .,........... \), "'1 ..-,. .. .:" 1.. . I ,.. ... _, . . .. '" ., .i ,'. " T*mpetatu,.. (OF) n.l' .:~ '.'\, , I r I : " ~ ....L- ,- . . ~ -:::1-"",. I-- -...,.l..-t-.- "- r--I---I-"-~-_, ,:, ..~ ',1 M II' ,;t .... .....ll .. ,110 .' t..: .~ ".~ :' '..t" ...1 I'" ,.. ... ",'J II" ,~ .--' .t' Tlt', :.... ~.,. It. .., <4lL ''f> T'ne \~I'l) ~oA .0 ." ''''", .,. . "'. .... 0"",,,,,, ... '-T~l F'iooICiE:.QS ~:. TIJT:..jL. F-. U5 -69- CITY COUNCIL LETTER Meeting of April 10, 2006 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY .- 4 I Fire MANAGER NO: ~ -: -G, APPROVAL . ITEM: Rental Housing BY: Gary Gorman BY:~ / ~ Licenses NO: DATE: April 4, 2006 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for April 10, 2006 I COUNCIL ACTION: I -70- Occupany 1.0. 10130 20192 12060 30046 20170 20106 12022 12008 20081 20054 20394 12008 30139 12004 20169 )4/06/2006 L1CENSE_Ltr to Approve Licenses 2006 Property Owner Name Seubert, LLC Christopher Andrews Tahazib Bacchus Mark Breiland Cynthia Cotton Ryan Diekow Roy Hopf Jose Lema Gilbert Nevils Jr. Richard Olin Donald Rudnitski Gladis Sinchi Ross Taormina Kimberly Wegener Cha Yang -71- 11 :49 Property Address 3974 HAYES 607 38TH 21042ND 631 37TH 4606 FILLMORE 204 42ND 4233 UNIVERSITY 3732 3RD 3833 Reservoir 5218 WASHINGTON 5115 WASHINGTON 3732 3RD 5025 UNIVERSITY 5250 WASHINGTON 4518 WASHINGTON Paqe 1 CITY COUNCIL LETTER Meeting of April 10. 2006 AGENDA SECTION: CONSENT .~ - A-I ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL # BY:~ :Zt. DATE: NO: ITEM: Re-issue Rental Housing License BY: Gary Gorman NO: DATE: April 4, 2006 The matter of the revocation of the license to operate a rental unite s) within the City of Columbia Heights against the following properties for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has corrected all violations and paid all fees due. RECOMMENDED MOTION: Move to issue a rental-housing license to Delanza Elliot to operate the rental property located at 1124-26 45th Avenue NE in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: -72- CITY COUNCIL LETTER Meeting of: March 27,2006 AGENDA SECTION: _1; -A-<d ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROV AL / ,-'. ITEM: License Agenda BY: Shelley Hanson DATE: ';\../ "..It, ~. I~_<,~ NO: DATE: April 7, 2006 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the April 10, 2006 City Council meeting. This agenda consists of applications for Contractor licenses for 2006. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for April 10, 2006 as presented. COUNCIL ACTION: -73- TO CITY COUNCIL April I 0,2006 *Signed Waiver Form Accompanied Application 2006 BUSiNESS LiCENSE AGENDA CONTRACTORS LICENSES BLDG *RJ Miller Home Service *Elias Plumbing Allstate Tree Service 834 40th Avenue NE, Co!. Hts 3853 155th St W, Rosemount 7510 Jackson St, Fridley -74- $60.00 $60.00 $60.00 !;-A-Ci CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: , STATE OF MINNESOTA COUNTY' OF ANORA CITY 9F COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number JJ 0S?2- in the amount of$ Lf<q ?/~Lf-=3.q / . through . lift, 7'3 I These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. -75- ACS FINANCIAL SYSTEM 04/06/2006 15:22:36 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...... .04/10/2006 COUNCIL LISTING INCLUSIONS: Fund & Account....... ....... thru Check Date. . . . . . . . . . . . . . . . . . Source Codes......... . . . . . . . Journal Entry Dates.. ....... Journal Entry Ids.... '" .... Check Number.. . . . . . . . . . . . . . . proj ect . . . . . . . . . . . . . . . . . . . . . Vendor. . . . . . . . . . . . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order. ............. Bank....................... . "-'..lcher .................... ~ leased Date. . . . . . . . . . . . . . . 0\ :!ared Da te. . . . . . . . . . . . . . . . thru thru thru thru 116582 thru 116751 thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI J COUNCIL 02 P4 Y S 6 Lines CPI 066 10 CP SP ACS FINANCIAL SYSTElVI 04/06/2006 15 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 BANK VENDOR. Check History 0-1/10/2006 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT ANOKA COUNTY PEER COUNSE ARCH WIRELESS/l1ETROCALL BELLBOY CORPORi':l..TION CHISAGO LAKES DISTRIBUTI COSTCO #372 DONALD SALVERDA & ASSOCI ESCHELON FARNER.-BOCKEN G & K SERVICES GORMA1:\f/GARY GRIGGS-COOPER & CO HEIGHTS ELECTRIC INC. HENRY P HENRY HOHENSTEINS INC JJ TAYLOR DIST OF MN JOHNSON BROS. ]~IQUOR CO. KASAR/NlJRHAN KIWI KA.I IMPORTS KUEHN/JEAN KUETHER DIST. CO. LIQUOR. DEPOT MARK VII DIST. MERTZ/STEPHANIE METRO FIRE, INC MINNESOTA LANDSCAPE ARBO MN DEPT OF ADMINISTRATIO MN LAW ENFORCEMENT EXP MUSCOVITZ/PATRICIA NEEDHAM DISTRIBUTING CO PETTY CASH - LIZ BRAY PETTY CASH - MARY DUGDAL PHILLIPS WINE & SPIRITS PLEAA-PROF LAW ENF ASSIS QUALITY WINE & SPIRITS SENSIBLE LAND USE COALIT SPECIALTY WINES & BEVERA TAUTGES. REDPATH, & CO., TICH/SUSAN TKACH/BARBARA U.S. BANK VEDDER.S/DONNA VERIZON WIRELESS WELLS FARGO BANK WINE COMPANY/THE WIRTZ/JASON XCEL ENERGY (N S P) CITY OF COLUMBIA HEIGHTS "'-l "'-l 116582 116583 116584 116585 116586 116587 116588 116589 116590 116591 116592 116593 116594 116595 116596 116597 116598 116599 116600 116601 116602 116603 116604 116605 116606 116607 116608 116609 116610 116611 116612 116613 116614 116615 116616 116617 116618 116619 116620 116621 116622 116623 116624 116625 116626 116627 116628 400.00 84.31 341.40 371.74 80.00 500.00 153.66 5,501. 65 19.49 20.18 30,701.10 221.42 12.39 2,207.75 10,070.85 13,561.14 154.94 1,828.19 40.72 16,497.60 7,319.96 2,482.84 210.00 80.41 80.00 453.91 1,320.00 103.69 239.50 18.09 148.62 1,452.80 140.00 10,414.46 148.00 310.50 1,318.00 101. 00 250.00 1,293.75 250.00 176.57 2,831.77 1,316.08 250.00 3,524.38 237,558.63 ACS FINANCIAL SYSTEM 04/06/2006 15 BANK VENDOR Check History 04/10/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 BANK CHECKING ACCOUNT ANOKA COUNTY ATTORNEY BENETTIE/SHEREE BRADLEY REAL ESTATES INC BUCHANAN/TO I BUFFALO WILD WINGS BAR CHUTNEY COLUMBIA HEIGHTS I DRAGON HOUSE G & K SERVICES GENUINE PARTS/NAPA AUTO GREATER METROPOLITAN HSG GREG ANDERSON BUILDERS L GRILL/CHEVY HARRIS/KRISTINE IDEAL WALL SYSTEM JOHNSON BROS. I,IQUOR CO. KING/LUCILLE LIQUOR DEPOT MAAS/SUE METROPOLITAN REGIONL ART MOE/KATHLEEN QUALITY WINE & SPIRITS ROMAN/PETER SACA SAHIB'S SPECIALTY WINES & BEVERA SPROWLS/CRAIG STATE OF MINN-DEPT OF FI SUN PUBI,ICATION TARGET CENTER TASTY PIZZA UNIVERSITY OF MINNESOTA VERIZON WIRELESS WINDSCHITL/KEITH XCEL ENERGY (N S P) ACE HARDWARE ACE SUPPLY COMPANY INC AIR COMPRESSOR PLUS AMC SALES INC AMERICA~ PLANNING ASSOC. AMERIPRIDE ANCOM COMMUNICJI.TIONS INC ANOKA COUNTY - GOV'T CEN ANOKA CTY - CE:!II""TRAL COMM BAKER/JOANNE BARNES ~ NOBLE INC BETTERLY INDUSTRIES INC 'I 00 116629 116630 116631 116632 116633 116634 116635 116636 116637 116638 116639 116640 116641 116642 116643 116644 116645 116646 116647 116648 116649 116650 116651 116652 116653 116654 116655 116656 116657 116658 116659 116660 116661 116662 116663 116664 116665 116666 116667 116668 116669 116670 116671 116672 116673 116674 116675 AMOUNT 413 .40 5.00 11,885.12 500.00 152.00 200.00 5,581.28 426.00 16.83 122.23 15,000.00 2,735.00 238.00 15.00 1,150.00 973.17 500.00 9,379.93 50.00 25.00 15.00 6,231.94 500.00 399.00 238.00 674.00 13 .12 206.70 22.28 577.50 342.00 630.00 92 .90 11. 52 16,459.62 13.92 5.23 13 .49 353.44 190.00 36.40 251.70 4,596.00 528.44 95.84 65.00 8.83 ACS FINANCIAL SYSTEM 04/06/2006 15 BANK VENDOR Check History 04/10/2006 COUNCIL LISTING CHECK NUMBER BANK CHECKING ACCOUNT BIFF'S,INC. BOYER TRUCK PARTS CADD/ENGINEERING SUPPLY CATCO PhRTS SERVICE CEAM CEMSTONE CENTERPOINT ENERGY CINTAS FIRST AID-SAFETY CITY OF ST PAUL CLARK PRODUCTS INC CLIA L.A.BORATORY PROGRAM COBALT ELECTRIC COLUMBIA PARK CLINIC CONTRACTORS & SURVEYORS CROWN FENCE & WIRE DAVIESflATER EQUIPMENT C DIAMOND VOGEL PAINTS DISCOUNT STEEL INC EMERGENCY AUTOMOTIVE TEC FLEX COMPENSATION, INC G & K SERVICES GENUINE PARTS/NAPA AUTO GIS RANGERS LLC GOVERNMENT FINANCE OFFIC H & L MESABI HANKS SPECIALTIES HOME DEPOT #2802 HONEYWEI,L INC INDELCO PLASTIC'S CORPORA INSTRUMENT CONTROL SYSTE INTEGRATED LOSS CONTROL JINDRA/PATRICIA KENNEDY & GRAVEN LANO EQUIPMENT CO. LEAGUE OF MINNESOTA CITI LEAGUE OF MN CITIES INS LINDER'S GREENHOUSES LOE'S OIL COMPANY LOPEZ SIERRA/ANGEL LUBE-TECH MENARDS CASHWAY LUMBER-F METRO WELDING SUPPLY MID CITY MECHANICAL MIDWAY PORD MIDWEST LOCK & SAFE MINNEAPOLIS FINANCE DEPT MN DEPT OF ADMINISTRATIO -....:) \!) 116676 116677 116678 116679 116680 116681 116682 116683 116684 116685 116686 116687 116688 116689 116690 116691 116692 116693 116694 116695 116696 116697 116698 116699 116700 116701 116702 116703 116704 116705 116706 116707 116708 116709 116710 116711 116712 116713 116714 116715 116716 116717 116718 116719 116720 116721 116722 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 AMOUNT 398.46 109.97 53.59 568.39 120.00 118.11 1,388.44 128.96 300.00 144.51 150.00 1,625.00 946.00 54.15 19.67 198.56 79.88 42.97 152.27 168.00 557.94 463.22 7,553.36 175.00 608.58 55.53 111.85 286.25 104.73 4,303.00 352.00 35.00 1,724.94 135.22 40.00 1,000.00 120.94 45.50 245.80 328.40 149.17 40.20 750.00 160.13 235.00 648.00 37.00 ACS FINANCIAL SYSTEM 04/06/2006 15 BANK VENDOR Check History 04/10/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 AMOUNT BANK CHECKING ACCOUNT MN DEPT OF LABOR & INDUS 116723 2,946.75 MN SOCIETY OF ARBORICULT 116724 30.00 MURZYN JR/DONALD J 116725 35.00 NATIONAl, ARBOR DAY FOUND 116726 15.00 NATIONAl, WATERv/ORKS, INC 116727 1,418.24 NFPA INTERNATIONAL 116728 682.95 NORTH AMERICAN SYSTEMS I 116729 13,332.47 NSRMAA 116730 150.00 OFFICE DEPOT 116731 753.04 ONE-CALL CONCEPT-GOPHER 116732 70.60 PARKVIEvl VILLA RESIDENT 116733 130.00 PARTENHEIMER/KIRSTEN 116734 113.05 PATCHIN MESSNER & DODD I 116735 5,500.00 PIANO SHOWCASE 116736 380.50 POST BOARD 116737 810.00 PRECISION CLEANING INC 116738 266.25 PRO GRAPHICS 116739 12.65 PROSOURCE TECHNOLOGIES I 116740 464.80 RICOH BUSINESS SYSTEMS 116741 92.49 ROSEDALE CHEV 116742 69.86 ROYAL TIRE 116743 1,977 .50 SHERWIN WILLIAMS 116744 188.51 STREICHER'S G~T'S INC/DO 116745 1,598.73 (XJ SUN PUBl,ICATION 116746 812.35 SURPLUS SERVICES 116747 25.00 0 TKDA, INC 116748 335.60 TOUSLEY FORD 116749 357.32 VERIZON WIRELESS 116750 53.06 ZIEGLER INC 116751 187.18 498,343.91 *** ACS FINANCIAL SYSTEII1 04/06/2006 15 BANK VENDOR REPORT TOTALS: 00 .... CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 Check History 04/10/2006 COUNCIL LISTING CHECK NUMBER AMOUNT 498,343.91 RECORDS PRINTED - 000604 ACS FINANCIAL SYSTEM 04/06/2006 15:22:38 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 212 225 226 240 261 265 387 388 411 415 420 439 601 602 603 604 609 631 632 r~ ~ I 2 003 Nl ,I.GJ 875 880 883 884 885 887 DISBURSEMENTS GENERAL COMMUNITY DEVEIJOPMENT FUND STATE AID MAINTENANCE CABLE TELEVISION SPECIAL PROJECT REVENUE LIBRARY TWENTY-FIRST CENTURY GRANT CONFISCATED/FORFEITED PROP G.O. IMPROVEMENT BOND 1999A G 0 IMPROVE/REV BONDS 2003A CAPITAL IMP-GEN GOVT. BLDG CAPITAL IMPRVMT - PIR PROJ CAP IMPROVEMENT-DEVELOPMENT FIRE CAPITAL EQUIPMENT WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR WATER FUND DEBT SERVICE SEWER FUND DEBT SERVICE STORM SEWER DEBT SERVICE SEWER CONSTRUCTION FUND STORM SEWER CONSTRUCT. FUND CENTRAL GARAGE DATA PROCESSING FISCAL AGENCY: GIS ~TGER PERMIT SURCHARGE CONTRIBUTED PROJECTS-GEN INSURANCE ESCROW FLEX BENEFIT TRUST FUND 36,241.45 2,461.10 308.77 25.10 15,000.00 17.98 584.96 1,268.10 431.25 221.07 4,691.49 1,117.19 9,486.77 221.42 4,418.05 3,598.11 61.12 1,463.18 143,339.26 392.99 8.55 239.89 1,465.94 750.00 7,746.48 13,446.95 7,553.36 2,926.75 130.00 1,000.00 240,582.96 2,856.33 CR 498,343.91 TOTAL ALL FUNDS BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOmTT TOTAL ALL BANKS 498,343.91 498,343.91 CITY COUNCIL LETTER MEETING OF: APRIL 10, 2006 AGENDA SECTION: CONSENT ORIGINA TING DEPT: CITY MANAGER NO: 5-A -10 FINANCE APPROVAL ITEM: RESOLUTION ACCEPTING GIFTS BY: JOE KLOIBER Bl/~i:I RECEIVED BY THE CITY OF COLUMBIA HEIGHTS FROM DECEMBER 2005 THROUGH DATE: APRIL 6, 2006 MARCH 2006 Staff requests that the City Council adopt the attached resolution accepting gifts received by the City of Columbia Heights from December 2005 through March 2006. The primary intent of this resolution is to comply with Minnesota Statute 465.03 Gifts to Municipalities. The statute provides that municipalities can accept gifts subject to donor terms, if the acceptance is by a resolution approved by at least two-thirds ofthe City Council. It should be noted that the statute prohibits accepting gifts with religious or sectarian purposes_ Staff recommends that the City Council adopt the following motions. RECOMMENDED MOTION: Move to waive the reading of Resolution 2006-51, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2006-51 being a resolution to accept gifts received by the City of Columbia Heights from December 2005 through March 2006. lPK Council Letter _ Res2006 _51_ Gifts.doc Attachment COlJ}~CIL ACTION: -83- RESOLUTION NO. 2006-51 ACCEPT GIFTS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS FROM DECEMBER 2005 THROUGH MARCH 2006 WHEREAS, the City Of Columbia Heights has received the following gifts from December 2005 through March 2006; BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Columbia Heights accepts these gifts, subject to the donor-prescribed tenus listed below: DATE DONOR 2/1/2006 ECONOMIC DEVELOPMENT ASSN 2/23/2006 PROFT, MAUGERITE 2/23/2006 PARKS, LORRAINE 2/23/2006 KREMER, ANN 2/23/2006 COLUMBIA HEIGHTS OLD-TIMERS REUNION 12/15/2005 COLUMBIA HEIGHTS POST 230 1/17/2006 COLUMBIA HEIGHTS POST 230 2/24/2006 COLUMBIA HEIGHTS POST 230 3/23/2006 COLUMBIA HEIGHTS POST 230 SUBTOTAL FUND 883 CONTRIBUTED PROJ - GENERAL 12/21/2005 COLUMBIA HEIGHTS WOMEN OF TODAY 1/17/2006 COLUMBIA HEIGHTS ATHLETIC BOOSTERS 3/6/2006 COLUMBIA HEIGHTS ATHLETIC BOOSTERS 3/6/2006 COLUMBIA HEIGHTS LIONS CLUB SUBTOTAL FUND 881 CONTRIBUTED PROJ-RECREA TION TOTAL OF ALL FUNDS Passed this 10th day of April, 2006 Offered by: Seconded by: Roll Call: AMOUNT PURPOSE 1,000.00 COMM DEVLPMNT - EDAM SCHOLARSHIP 100.00 FIRE 100.00 FIRE 100.00 FIRE 334.22 FIRE 130.00 PARKVIEW VILLA RESIDENTS COUNCIL 130.00 P ARKVIEW VILLA RESIDENTS COUNCIL 130.00 P ARKVIEW VILLA RESIDENTS COUNCIL 130.00 PARKVIEW VILLA RESIDENTS COUNCIL 2,154.22 100.00 30,000.00 2,000.00 100.00 32,200.00 MURZYN HALL YOUTH ATHLETICS RECREATION MURAL 34,354.22 Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -84- CITY COUNCIL LETTER Meeting of A ril 10, 2006 AGENDA SECTION: Consent NO. ITEM: Changes to Beer and Wine License for Billiards NO Hall l ~ \ ORlGINA TING DEPARTMENT POLICE BY: Thomas M. Johnson DATE April 5, 2006 BACKGROUND On February 16, 2006, City Manager Walt F ehst and Police Chief Thomas Johnson were approached by Jimmy Wetch, owner of Jimmy's Pro Billiards, requesting a beer license for his establishment. At that time, the Police Chief thought that Mr. Wetch was interested in a 3.2 beer license and met with the City Attorney to find out what changes would have to be made to the City ordinance in order to allow this to happen. This information was put together and an ordinance change was drafted to allow 3.2 beer at billiard establishments in our community. Prior to the March 27,2006 City Council meeting, the City Manager and Police Chief met in person with Mr. Wetch, and the City Attorney joined us via a speaker phone. We discovered that Mr. Wetch was actually looking for a wine license, which would also allow him to sell strong beer. What we had researched and put together for Council consideration on March 27 was not what Mr. Wetch wanted and he was not interested in pursuing this. At this time, the Police Chief began researching the City ordinance for wine and strong beer licenses and the City Attorney began researching State law on wine licenses. While doing this research, the following three issues were discovered, which must be reviewed and determination made as to whether or not local ordinance can be changed in order to allow billiard halls to have a wine and strong beer liquor license. The first issue is: Columbia Heights City Ordinance 5.505(B) "On-sale Wine" licenses shall be granted only to restaurants that are conducted in such a manner that at least 60 per cent of the annual gross receipts of the establishment must be derived from or attributable to the sale of food. Such establishment shall have facilities for seating not less that 75 guests at one time. 5.505 (C) A holder of an on-sale wine license who is in compliance with all requirements of this section may sell intoxicating malt liquor (strong beer) on sale without an additional license. Minnesota State Statute 340AA04 subd. 5(a): A municipality may issue an on-sale wine license with the approval of the Commissioner to a restaurant having facilities for seating at least 25 guests at one time. 340A.404 subd 5(b) The governing hody of a municipality may by ordinance authorize a holder of an on-sale wine license issued pursuant to paragraph (a) who is also licensed to sell 3.2 percent malt liquors at on-sale pursuant to section 340A.411, and whose gross receipts are at least 60 per cent attributable to the sale of food, to sell intoxicating malt liquors at on-sale without an additional license. In my perception, the issues here are that it states in State law "to a restaurant having facilities for seating at least 25 guests at one time" and it states in order to get strong beer "and whose gross receipts are at least 60 per cent attributable to the sale of food." It is my understanding that we can make our ordinance more restrictive, which it is, but we are not allowed to make it less restrictive. The second issue is: Columbia Heights City Ordinance 5 .505(N)(7). No licensee shall permit 18, 19, or 20-year old persons to remain on the premises unless to perform work for the establishment, including the serving of alcoholic -85- Mayor and Council Page 2 April 5, 2006 beverage, consume meals, and attend social functions that are held in a portion of the establishment where liquor is not sold. Minnesota State Statute 340A.503 Subd. 4, persons under 21, illegal acts. Entering licensed premises (a) it is unlawful for a person under the age of 21 years to enter an establishment licensed for the sale of alcoholic beverages or any municipal liquor store for the purpose of purchasing or having served or delivered any alcoholic beverage. Once again, City ordinance may be more restrictive but not less restrictive than state law. In this case, we could make our City ordinance the same as State law if the City Council wished. The third issue is: City of Columbia Heights Ordinance 5.505(0). No sale of wine may be made between 1 :00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 1 :00 a.m. and 12:00 noon on Sunday. Minnesota State law 340A.504. No sale of intoxicating liquor for consumption on the licensed premises may be made between 2:00 a.m. and 8:00 a.m. on the days of Saturday, after 2:00 a.m. on Sunday. It should be noted here that we have not changed our bar closing from 1 :00 a.m. to 2:00 a.m., which is allowed by State law. Because the billiard hall stays open until 4:00 a.m., the billiard hall would have to present a procedure, to be accepted by the City Council and the Police Department, as to how: . all alcoholic beverages would stop being sold and secured at 1 :00 a.m. . all alcoholic beverages purchased prior to 1 :00 a.m. would be off the floor by 1 :30 a.m. . security plan to make sure underage persons are not consuming alcoholic beverages at any time. ANAL YSIS/CONCLUSION The Police Department does not endorse any change to our current liquor license ordinance, nor does it support the issuing of any additional liquor or wine licenses other than to new restaurants in our community. Although Mr. Wetch's business has not been a problem for our department and he has been cooperative when asked for his assistance, we contend that there are enough liquor serving establishments in our city. There is no proof that Mr. Wetch's business will get better simply by adding a wine license. However, if the City Attorney determines that we can legally change the ordinance to allow billiard halls to qualify for a wine license and the City Council decides to make the changes required, the Police Department will work with the City Council and local billiard establishment to make the transition successful. RECOMMENDED MOTION: None at this time. TMJ :m1d 06-065 rnT TI-Jrrr /-..CTION: '-"'-''-'~ ,_A..J.-J , -86- Page 16 of26 (a) A certificate that there is in effect for the license period an insurance policy or pool pro 'ding at least $50,000 of coverage because of bodily injury to anyone person in anyone occ nee, $100, 0 because of bodily injury to two or more persons in anyone occurrence, $10,000 becaus of bodily i 'ury to or destruction of property of others in anyone occurrence, $50,000 for loss of ans of support 0 y one person in anyone occurrence, and $100,000 for loss of means of support 0 more person ill anyone occurrence; or (b) nd of a surety company with minimum coverages as provided in divi~n (N)(2)(a); or /-- (c) A certifica ofthe State Treasurer that the licensee has deposited w' the State Treasurer $100,000 in cash securities that may be legally purchased by saving anks or trust funds having a market value of $1 0 , 00. (0) (1) The operation of 'ntoxicating liquor license without hav' g on file at all times with the city the liability insurance policy r other evidence of financial resp sibility required herein shall be grounds for immediate revocation 0 he license, Notice of cancell on of a current liquor liability policy serves as notice to the licensee of e impending revocation d unless evidence of compliance with the financial responsibility requiremen of this section are esented to the Clerk before the termination is effective, the license will be re ked instantly u on the lapse in coverage, (2) Any liability insurance required by tll' ust provide that it may not be canceled for: (a) the canceling party has first given 30 days notic the policy; and (b) Nonpayment of premium writing to the issuing authority of intent ess the canceling arty has first given ten days notice in cancel the policy. (P) (1) The City Council m suspend or revoke any intoxic ting liquor license for the violation of any provision or condition oft 's section or of any state law or fed 1 law regulating the sale of intoxicating liquor, and shall rev. ke such license for any willful violatio which, under the laws ofthe state, is grounds for mandato revocation, and shall revoke for failure to ep the insurance required by division (N) in full force an effect. (2) Nonmanda ry revocation or suspension by the Council shall be pre ded by written notice to the licensee and a blic hearing. The notice shall give at least 10 days notice 0 the time and place of the hearing and all state the nature of the charges against the licensee. The Co cil may, without any notice, suspe a any license pending a hearing on revocation for a period not exce ing 30 days. The notice may be rved upon the licensee personally or by leaving the same at the license semises with the person in arge thereof. No suspension after public hearing shall exceed 60 days, (Q) , y person violating any provision ofthis section shall be guilty of a misdemeano "and upon convic . on thereof, shaH be punished as per state statute. ~ ('7 Code, S 5.503) (Am. Ord. 1119, passed 2-24-86; Am. Ord. 1135, passed 9-22-86; Am. Ord. 1 54, ~ ssed 8-24-87; Am. Ord. 1419, passed 9-25-00; Am. Ord. 1482, passed 3-28-05) ~ 5..505 ON-SALE WINE LICENSES. -87- http://www.amlegal.com/nxtl gateway, dll/Minnesotal co lumbiaheights _ mnf chapterS comme... 3/23/2006 Page 17 of26 (A) No person, except wholesalers or manufacturers to the extent authorized under state license, shall directly or indirectly deal in, sell, or keep for sale any wine without first having received an on-sale wine license as provided in this section or an intoxicating liquor license. The term "on-sale wine license" means a license authorizing the sale of wine and 3.2% malt liquor for consumption on the licensed premises only in conjunction with the sale of food. CD (B) "On-sale wine" licenses shall be granted only to restaurants which are conducted in such a manner that at least 60% of the annual gross receipts of the establishment must be derived from or attributable to the sale of food. Such establishment shall have facilities for seating not less than 75 guests at one time. A hotel shall be eligible for an on-sale wine license provided that, of that part of the total annual gross receipts attributable to or derived from the serving of food and wine, 60% or more of the annual gross receipts for a license year is the serving of food, the dining area must seat a minimum of 75 people at tables, and the hotel must have a minimum of ten rooms. (C) A holder of an on-sale wine license who is in compliance with all requirements of this section may sell intoxicating malt liquor (strong beer) on-sale without an additional license. (D) Only the sale of wine not exceeding 14% alcohol by volume for consumption on the licensed premises in conjunction with the sale of food shall be permitted. (E) The number of wine licenses issued are unlimited and are not counted in the number of intoxicating liquor licenses allowed under state statute. (F) Every application for a license to sell wine on-sale shall be made on a form supplied by the city. Applications shall be filed with the Clerk. It shall be unlawful to make any false statement in an application. By submitting an application, the applicant consents to any and all investigations the city deems appropriate and waives any claims the applicant may have. Copies ofthe application shall be submitted to such other city departments as the City Council shall deem necessary for verification and investigation of the facts set forth in the application. (G) No license will be issued unless at the time of application the applicant has paid the license fee in full and a non-refundable investigation fee as set by City Council resolution. In the absence of a resolution, the license fee shall be $2,000; where all applicants are in-state, the investigation fee will be $500; where any applicants are out of state, the investigation fee shall be $2,000. If the investigation fee for in-state or out-of-state applicants exceeds the minimum fee, the additional costs of the investigation will be billed to the applicant. A new application shall be submitted and a license fee and investigation fee paid when there is a change in ownership or control of a licensed corporation. Upon rejection of any application for a license, or, upon withdrawal of an application before approval of the issuance by the City Council, the license fee shall be refunded to the applicant. In any case, the investigation fee will be non-refundable. The license fee for an on-sale license granted after the commencement of the license year shall be pro-rated on a monthly basis. All licenses shall expire on the last day of December of each year. (H) In addition to the information required on the State Liquor Control Commissioner's form, the on-sale wine license application shall contain the following information: (I) Type of license applicant seeks. (2) Whether the applicant is a natural person, corporation, partnership, or other form of organization. -88- htto ://www.amlegal.comlnxtl gateway. dlllMinnesotal co lumbiaheights _ mnI chapterS comme... 3/23/2006 Page 18 of26 (3) Full legal name of applicant and applicant's spouse, place and date of birth, street address of residence and length oftime at that address of the applicant and applicant's spouse; and any other information deemed necessary by the City Councilor issuing authority. (4) Whether the applicant has ever used or been known by a name other than his true name, and, if so, what was such name or names and information concerning dates and places where used. (5) Name of business. (6) The nature of any other business to be operated in conjunction with the on-sale of wine and whether the applicant is the owner or operator of such other business, and if so, the length oftime in such business. (7) Street addresses at which applicant and current spouse have lived during the preceding ten years. (8) Kind, name and location of every business or occupation applicant or present spouse have been engaged in during the preceding ten years. (9) Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten years. (10) Whether applicant or spouse has ever been convicted of any felony, crime, or violation of any ordinance other than traffic. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. (11) Whether applicant or spouse has ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. If so, applicant shall furnish information as to the time, place, and length of time. (12) Whether applicant has ever been in military service. Ifso, applicant shall attach DD/214 form. (13) In the case of corporations, partnerships, or other form of organization, such information relating to the identity of each officer, director and partner as required in subdivisions (3) through (12) above. (14) If the applicant is a corporation or other organization and is applying for an on-sale license, the following will be required: (~) \a Name and, if incorporated, the state of incorporation. (b) A true copy of certificate of incorporation or other documentation of legal status. (15) Three character references located within the State of Minnesota. (1) (1) All applications shall be referred to the Chief of Police. The Chief of Police or his designee is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry obtained through the Criminal Justice System and/or a driver's license history inquiry as recorded by the State Department of Public -89- http://www.amlegal.com/nxt/ gateway .dll/Minnesotalcolumbiaheights _ mn/chapter5comme... 3/23/2006 Page 19 of26 Safety on the applicant. The application shall also be referred to the Chief of the Fire Department, the Building Official and the City Planning and Zoning Department for a report indicating whether said premises are in compliance with applicable ordinances and regulations. A public hearing shall then be held before the City Council, at which time the application for a license shall be considered. Opportunity shall be given to any person to be heard for or against the granting ofthe license at a public hearing. (2) The Council may accept or reject the license application in its discretion upon completion of the public hearing. (J) Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. (K) No license shall be granted to any person: (1) Who is less than 21 years of age. (2) Who is not the proprietor ofthe establishment for which the license is issued. (3) Who has been convicted of a felony or any violation oflaw of this state or local ordinance relating to the manufacture, transportation or sale of beer, wine, or of intoxicating liquors. (4) For the sale of wine on any premises also occupied by a previous licensee who was convicted of a violation of this section or where a license has been revoked by the City Council. (5) Who is a manufacturer of wine or beer. (6) No license shall be issued to any applicant for a location within 300 feet of any school or church, unless such license has been previously approved when no school or church was so situated. (7) Who is not a citizen of the United States or a resident alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information. (8) Is not of good moral character and repute. (9) Who is or during the period of this license becomes the holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at such place. (10) No wine license shall be issued for premises other than a hotel or restaurant. tL) At the time application is made for a renewal of an on-sale license, the applicant shall file with the Clerk a statement prepared by a certified public accountant that shows the total gross sales and the total food sales of the restaurant for the l2-month period immediately preceding the date for filing renewal applications. (M) If the application is made by a natural person, it shall be signed and sworn to by such person; if by a corporation or other organization, by an authorized representative of the same. (N) On-sale wine licenses granted pursuant to the provisions ofthis section shall be subject to the following conditions: -90- httD ://www.amlee:al.comlnxtl gateway .dlllMinnesotalcolumbiaheights mnI chapter5comme... 3/23/2006 Page 20 of 26 (1) The license shall be posted in a conspicuous place in the licensed establishment at all times. (2) All licensees under this section shall allow the business premises to be inspected by police or health officials at any time. (3) Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. The act of any employee on the licensed premises authorized to sell wine is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by ordinance, statute, or regulation equally with the employee. (4) No on-sale licensee shall sell wine off-sale. (5) No license shall be effective beyond the space named in the license for which it was granted. (6) No wine shall be sold or furnished or delivered to any obviously intoxicated person, or to any person to whom sale is prohibited by state law. (7) No licensee shall permit 18, 19 or 20 year old persons to remain on the premises unless to perform work for the establishment including the sale or serving of alcoholic beverages, consume meals, and attend social functions that are held in a portion of the establishment where liquor is not sold. (8) No licensee shall sell, offer for sale, or keep for sale, wine from any original package which has been refilled or partly refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any wine in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents of the original package have been diluted, tampered with, or changed. (9) No gambling allowed, nor any gambling device prohibited by law. (10) No licensee shall permit in any licensed establishment, or any adjoining property owned or leased by the licensee, any boxing, wrestling, or any other form of entertainment whose primary purpose is physical contact by striking or touching an opponent with hands, head, feet, or body. Team sports, in which physical contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football, baseball, hockey, and softball, are not included among activities prohibited by this section. (0) No sale of wine may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor benveen 1 :00 a.m. and 12:00 noon on Sunday. (P) (1) At the time of filing an application for anyon-sale wine license, the applicant shall file \';uith fliP rlp:rk- nrnnf nf f1nrln~ial r~~n()n~ihilir~ for liahilitv. The issuer or surer! on anv liabilit\' .. ............. .........- -...-......- r- - - - - - ------..... -,.,..",... ~... ~ r - ---~_.... -'~-'".1 .m' -, -,', .---..- -- -- ---.I -- --.. -.. ~....- ....-.. - ,.; ".,;" .: insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and an documents shall be approved as to content, form and execution. The licensee and the city shall be named as joint insured on the liability insurance policy. The policy shall be effective for the entire license year. (2) Proof of financial responsibility may be provided by supplying to the Clerk any of the -91- http://www.amlegal.com/nxt/ gateway.dll/Minnesota/ columbiaheights _ mn/chapter5cornme... 3/23/2006 Page 21 of26 following items: (a) A certificate that there is in effect for the license period an insurance policy providing at least $50,000 of coverage because of bodily injury to anyone person in anyone occurrence, $100,000 because of bodily injury to two or more persons in anyone occurrence, $10,000 because of injury to or destruction of property of others in anyone occurrence, $50,000 for loss of means of support of anyone person in anyone occurrence, and $100,000 for loss of means of support of two or more persons in any one occurrence; or (b) A bond of a surety company with minimum coverages as provided in subdivision (a); or (c) A certificate of the State Treasurer that the licensee has deposited with that office $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000. (3) The operation of a wine license without having on file at all times with the city the liability insurance policy or other evidence of financial responsibility required herein shall be grounds for immediate revocation of the license. Notice of cancellation of a current liquor liability policy serves as notice to the licensee of the impending revocation and unless evidence of compliance with the financial responsibility requirements of this section are presented to the Clerk before the termination is effective, the license will be revoked instantly upon the lapse in coverage. (Q) Any liability insurance required by this section must provide that it may not be canceled for: (1) Any cause, except for nonpayment of premium, by either the insured or the insurer unless the canceling party has first given 30 days notice in writing to the issuing authority of intent to cancel the policy; and (2) Nonpayment of premium unless the canceling party has first given ten days notice in writing to the issuing authority of intent to cancel the policy. (R) The City Council may suspend or revoke anyon-sale wine license for the violation of any provision or condition of this section or of any state law or federal law regulating the sale of wine, and shall revoke such license for any willful violation which, under the laws of the state, is grounds for mandatory revocation, and, shall revoke for failure to keep the insurance required by divisions (P) and (Q) in full force and effect. (S) Nonmandatory revocation or suspension by the Council shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least 10 days notice ofthe time and place of the hearing and shall state the nature of the charges against the licensee. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding 30 days. The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. No suspension after public hearing shall exceed 60 days. (T) Any person violating any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as per state statute. ('77 Code, S 5.504) (Am. Drd. 965, passed 11-23-81; Am. Drd. 1119, passed 2-24-86; Am. Drd. 1135, passed 9-22-86; Am. Drd. 1416, passed 7-24-00; Am. Drd. 1482, passed 3-28-05) -92- httn:/ /www.amle2:al.com/nxtl 2:atewav .dll/Minnesota/ co lumbiahei 2:hts mnl chaDter5comme... 3/23/2006 Minnesota Statutes 2005, 340AA04 Page 1 0[8 ,Minnesota Ofticeofthe Revisor of Statutes Legislature Home I Links to the World I Help' A( House I Senate I Joint Departments and Commissions , Bill Search and Status I Statutes, Laws, and Rules Minnesota Statutes 2005, 340A.404 Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota. Minnesota Statutes 2005, Table of Chapters Table of contents for Chapter 340A 340A.404 Intoxicating liquor; on-sale licenses. Subdivision 1. Cities. (a) A city may issue an on-sale intoxicating liquor license to the following establishments located within its jurisdiction: (1) hotels; (2) restaurants; (3) bowling centers; (4) clubs or congressionally chartered veterans organizations with the approval of the commissioner, provided that the organization has been in existence for at least three years and liquor sales will only be to members and bona fide guests; (5) sports facilities located on land owned by the Metropolitan Sports Commission; and (6) exclusive liquor stores. (b) A city may issue an on-sale intoxicating liquor license, an on-sale wine license, or an on-sale malt liquor license to a theater within the city, notwithstanding any law, local ordinance, or charter provision. A license issued under this paragraph authorizes sales on all days of the week to persons attending events at the theater. Subd. 2. Special provision; city of Minneapolis. (a) The city of Minneapolis may issue an on-sale intoxicating liquor license to the Guthrie Theater, the Cricket Theatre, the Orpheum Theatre, the State Theatre, and the Historic Pantages Theatre, notwithstanding the limitations of law, or local ordinance, or charter provision relating to zoning or school or church distances. The licenses authorize sales on all days of the week to holders of ticlcets for performances presented by the theaters and to members of the nonprofit corporations holding the licenses and to their guests. (b) The city of Minneapolis may issue an intoxicating liquor license to 510 Groveland Associates, a Minnesota cooperative, for use by a restaurant on the premises owned by 510 Groveland Associates, notwithstanding limitations of law, or -93- http://www.revisor.leg.state.mn.uslbin/ getpub. php ?pubtype=ST A T _CHAP _ SEC&year=curr... 4/5/2006 Minnesota Statutes 2005, 340AA04 Page 2 of8 local ordinance, or charter provision. (c) The city of Minneapolis may issue an on-sale intoxicating liquor license to Zuhrah Shrine Temple for use on the premises owned by Zuhrah Shrine Temple at 2540 Park Avenue South in Minneapolis, and to the American Swedish Institute for use on the premises owned by the American Swedish Institute at 2600 Park Avenue South, notwithstanding limitations of law, or local ordinances, or charter provision relating to zoning or school or church distances. (d) The city of Minneapolis may issue an on-sale intoxicating liquor license to the American Association of University Women, Minneapolis branch, for use on the premises owned by the American Association of University Women, Minneapolis branch, at 2115 Stevens Avenue South in Minneapolis, notwithstanding limitations of law, or local ordinances, or charter provisions relating to zoning or school or church distances. (e) The city of Minneapolis may issue an on-sale wine license and an on-sale 3.2 percent malt liquor license to a restaurant located at 5000 Penn Avenue South, and an on-sale wine license and an on-sale malt liquor license to a restaurant located at 1931 Nicollet Avenue South, notwithstanding any law or local ordinance or charter provision. (f) The city of Minneapolis may issue an on-sale wine license and an on-sale malt liquor license to the Brave New Workshop Theatre located at 3001 Hennepin Avenue South, the Theatre de la Jeune Lune, the Illusion Theatre located at 528 Hennepin Avenue South, the Hollywood Theatre located at 2815 Johnson Street Northeast, the Loring Playhouse located at 1633 Hennepin Avenue South, the Jungle Theater located at 2951 Lyndale Avenue South, Brave New Institute located at 2605 Hennepin Avenue South, the Guthrie Lab located at 700 North First Street, and the Southern Theatre located at 1420 Washington Avenue South, notwithstanding any law or local ordinance or charter provision. The license authorizes sales on all days of the week. (g) The city of Minneapolis may issue an on-sale intoxicating liquor license to University Gateway Corporation, a Minnesota nonprofit corporation, for use by a restaurant or catering operator at the building owned and operated by the University Gateway Corporation on the University of Minnesota campus, notwithstanding limitations of law, or local ordinance or charter provision. The license authorizes sales on all days of the week, (h) The city of Minneapolis may issue an on-sale intoxicating liquor license to the Walker Art Center's concessionaire or operator, for a restaurant and catering operator on the premises of the Walker Art Center, notwithstanding limitations of law, or local ordinance or charter provisions. The license authorizes sales on all days of the week. (i) The city of Minneapolis may issue an on-sale intoxicating liquor license to the Guthrie Theater's -94- http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=ST AT CHAP SEC&year=cuIT." 4/5/2006 Minnesota Statutes 2005, 340AA04 Page 3 of 8 concessionaire or operator for a restaurant and catering operator on the premises of the Guthrie Theater, notwithstanding limitations of law, local ordinance, or charter provisions. The license authorizes sales on all days of the week. Subd. 2a. City of Minneapolis; arena. (a) Notwithstanding any other law, local ordinance, or charter provision, the city of Minneapolis may issue one or more on-sale or combination on-sale and off-sale intoxicating liquor licenses to the owner of the sports arena located at 600 First Avenue North in Minneapolis, or to an entity holding a concessions contract with the owner for use on the premises of that sports arena. (b) The license authorizes sales on all days of the week to holders of tickets for events at the sports arena and to the owners of the sports arena and the owners' guests. (c) The licensee may not dispense intoxicating liquor to any person attending or participating in an amateur athletic event held on the premises unless such dispensing is authorized by the city. The city may not authorize the dispensing of intoxicating liquor at any event held under the auspices of the Minnesota State High School League. (d) The license authorized by this subdivision may be issued for space that is not compact and contiguous, provided that all such space is within the sports arena building and is included in the description of the licensed premises on the approved license application. (e) Notwithstanding any law or rule to the contrary, a person licensed to make off-sales within the sports arena building may deliver alcoholic beverages to rooms and suites within the sports arena building (1) between midnight and 8:00 a.m. on Monday through Thursday, and (2) between midnight and 8:00 a.m. and between 10:00 p.m. and midnight on Friday through Sunday. No delivery authorized by this paragraph may be made to a room or suite within the building at any time when an event utilizing the room or suite is in progress. (f) The holder of a license issued under this subdivision may dispense intoxicating liquor in miniature bottles if the intoxicating liquor is poured from the miniature bottles, mixed into another beverage, and dispensed on the premises by employees of the licensee. Subd. 2b. Special provision; city of St. Paul. The city of St. Paul may issue an on-sale intoxicating li~Jor license to the Fitzgerald Theatre, the Great American History Theater at 30 East lOth Street, and the Brave New Workshop at the Palace Theater at 17 West Seventh Place, notwithstanding the limitations of law, or local ordinance, or charter provision relating to zoning or school or church distances. The license authorizes sales on all days of the week to holders of tickets for performances presented by the theatre and to members of the nonprofit corporation holding the license and to their guests. Subd. 3. Notice to commissioner. A city shall within ten days of the issuance of a license under subdivision 1 or 5, -95- http://www.revisor.leg.state.rnn.us/bin/getpub.php?pubtype=ST A T _ CHAP _ SEC&year=cUIT... 4/5/2006 Minnesota Statutes 2005, 340AA04 Page 4 of8 inform the commissioner of the licensee's name and address and trade name, and the effective date and expiration date of the license. The city shall also inform the commissioner of a license transfer, cancellation, suspension, or revocation during the license period. Subd. 4. Special prov1s1ons; sports, conventions, or cultural facilities; community festivals. (a) The governing body of a municipality may authorize a holder of a retail on-sale intoxicating liquor license issued by the municipality or by an adjacent municipality to dispense intoxicating liquor at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention, or cultural facility owned by the municipality or instrumentality thereof having independent policy making and appropriating authority and located within the municipality. The licensee must be engaged to dispense intoxicating liquor at an event held by a person or organization permitted to use the premises, and may dispense intoxicating liquor only to persons attending the event. The licensee may not dispense intoxicating liquor to any person attending or participating in an amateur athletic event held on the premises. (b) The governing body of a municipality may authorize a holder of a retail on-sale intoxicating liquor license issued by the municipality to dispense intoxicating liquor off premises at a community festival held within the municipality. The authorization shall specify the area in which the intoxicating liquor must be dispensed and consumed, and shall not be issued unless the licensee demonstrates that it has liability insurance as prescribed by section 340A.409 to cover the event. Subd. 4a. State-owned recreation; entertainment facilities. Notwithstanding any other law, local ordinance, or charter provision, the commissioner may issue on-sale intoxicating liquor licenses: (l) to the state agency administratively responsible for, or to an entity holding a concession or facility management contract with such agency for beverage sales at, the premises of any Giants Ridge Recreation Area building or recreational improvement area owned by the state in the town of White, St. Louis County; (2) to the state agency administratively responsible for, or to an entity holding a concession or facility management contract with such agency for beverage sales at, the premises of any Ironworld Discovery Center building or facility owned by the state at Chisholm; and (3) to the Board of Regents of the University of Minnesota for events at Northrop Auditorium. The commissioner shall charge a fee for licenses issued under this subdivision in an amount comparable to the fee for comparable licenses issued in surrounding cities. Subd. 5. Wine licenses. (a) A municipality may issue an on-sale wine license with the approval of the commissioner to a restaurant having facilities for seating at least 25 guests at -96- http://www.revisor.leg.state.rnn.us/bin/ getpub. php ?pubtype=ST AT_CHAP _ SEC&year=curr. H 4/5/2006 Minnesota Statutes 2005, 340A.404 Page 5 of8 one time. A wine license permits the sale of wine of up to 14 percent alcohol by volume for consumption with the sale of food. A wine license authorizes the sale of wine on all days of the week unless the issuing authority restricts the license's authorization to the sale of wine on all days except Sundays, (b) The governing body of a municipality may by ordinance authorize a holder of an on-sale wine license issued pursuant to paragraph (a) who is also licensed to sell 3.2 percent malt liquors at on-sale pursuant to section 340A.4ll, and whose gross receipts are at least 60 percent attributable to the sale of food, to sell intoxicating malt liquors at on-sale without an additional license. (c) A municipality may issue an on-sale wine license with the approval of the commissioner to a licensed bed and breakfast facility. A license under this paragraph authorizes a bed and breakfast facility to furnish wine only to registered guests of the facility. Subd. 6. Counties. (a) A county board may issue an annual on-sale intoxicating liquor license within the area of the county that is unorganized or unincorporated to a bowling center, restaurant, club, or hotel with the approval of the commissioner. (b) A county board may also with the approval of the commissioner issue up to ten seasonal on-sale licenses to restaurants and clubs for the sale of intoxicating liquor within the area of the county that is unorganized or unincorporated. Notwithstanding section 340A.4l2, subdivision 8, a seasonal license is valid for a period specified by the board, not to exceed nine months. Not more than one license may be issued for anyone premises during any consecutive 12-month period. Subd. 6a. Repealed, 1991 c 249 s 33 Subd. 7. Airports commission. On-sale licenses may be issued by the Metropolitan Airports Commission for the sale of intoxicating liquor in major airports owned by the Metropolitan Airports Commission and used as terminals for regularly scheduled air passenger service. Subd. 8. Lake Superior, St. Croix River, and Mississippi River tour boats. (a) The commissioner may issue an on-sale intoxicating liquor license to a person regularly engaged, on an annual or seasonal basis, in the business of offering tours by boat on Lake Superior and adjacent bays, the St. Croix River, and the Mississippi River. The license shall authorize the sale of intoxicating liquor between May 1 and November 1 for consumption on the boat while underway or attached to a dock or other mooring. No license may be issued unless each boat used in the tour business regularly' sells t'neals in the place where intoxicating liquor is sold. (b) All sales of intoxicating liquor made on a boat while it is attached to a dock or other mooring are subject to any restrictions on the sale of liquor prescribed by the governing body of the city where the boat is attached, or of a county when it is attached outside a city. A governing body may prohibit -97- http://www.revisor.leg.state.mn.us/binl getpub .php ?pubtype=ST AT_CHAP _ SEC&year=curr... 4/5/2006 Minnesota Statutes 2005, 340A.404 Page 6 of8 liquor sales within its jurisdiction but may not require an additional license, or require a fee or occupation tax, for the sales. Subd. 9. Military bases and installations. The commissioner may issue an on-sale license for the sale of intoxicating liquor within the boundaries of a military base or installation under the jurisdiction of the adjutant general with the approval of the adjutant general. No municipal or county license is required for the sale of intoxicating liquor under this subdivision. Subd. 10. Temporary on-sale licenses. (a) The governing body of a municipality may issue to (1) a club or charitable, religious, or other nonprofit organization in existence for at least three years, (2) a political committee registered under section lOA.14, or (3) a state university, a temporary license for the on-sale of intoxicating liquor in connection with a social event within the municipality sponsored by the licensee. The license may authorize the on-sale of intoxicating liquor for not more than four consecutive days, and may authorize on-sales on premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full-year on-sale intoxicating liquor license issued by any municipality. The licenses are subject to the terms, including a license fee, imposed by the issuing municipality. Licenses issued under this subdivision are subject to all laws and ordinances governing the sale of intoxicating liquor except sections 340A.409 and 340A.504, subdivision 3, paragraph (d), and those laws and ordinances which by their nature are not applicable. Licenses under this subdivision are not valid unless first approved by the commissioner of public safety. (b) A county under this section may issue a temporary license only to a premises located in the unincorporated or unorganized territory of the county. (c) The governing body of a municipality may issue to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year a temporary license for the on-sale of intoxicating liquor in connection with a social event within the municipality sponsored by the brewer. The terms and conditions specified for temporary licenses under paragraph (a) shall apply to a license issued under this paragraph, except that the requirements of section 340A.409, subdivisions 1 to 3a, shall apply to the license. Subd. 11. Removal of wine from restaurant. A restaurant licensed to sell intoxicating liquor or wine at on-sale under this section may permit a person purchasing a full bottle of wine in conjunction with the purchase of a meal to remove the bottle on leaving the licensed premises provided that the bottle has been opened and the contents partially consumed. A removal of a bottle under the conditions described in this subdivision is not an off-sale of intoxicating liquor and may be permitted without additional license. Subd. 12. Caterer's permit. The commissioner may -98- htto://www.revisor.lel2:.state.mn.uslbin/l2:etvub.php?pubtvoe=ST AT CHAP SEC&year=curr... 4/5/2006 Minnesota Statutes 2005, 340A.404 Page 7 of 8 issue a caterer's permit to a restaurant that holds an on-sale intoxicating liquor license issued by any municipality. The holder of a caterer's permit may sell intoxicating liquor as an incidental part of a food service that serves prepared meals at a place other than the premises for which the holder'S on-sale intoxicating liquor license is issued. (a) A caterer's permit is auxiliary to the primary on-sale license held by the licensee. (b) The restrictions and regulations which apply to the sale of intoxicating liquor on the licensed premises also apply to the sale under the authority of a caterer's permit, and any act that is prohibited on the licensed premises is also prohibited when the licensee is operating other than on the licensed premises under a caterer's permit. (c) Any act, which if done on the licensed premises would be grounds for cancellation or suspension of the on-sale licensee, is grounds for cancellation of both the on-sale license and the caterer's permit if done when the permittee is operating away from the licensed premises under the authority of the caterer's permit. (d) The permittee shall notify prior to any catered event: (1) the police chief of the city where the event will take place, if the event will take place within the corporate limits of a city; or (2) the county sheriff of the county where the event will take place, if the event will be outside the corporate limits of any city. (e) If the primary license ceases to be valid for any reason, the caterer's permit ceases to be valid. (f) Permits issued under this subdivision are subject to all laws and ordinances governing the sale of intoxicating liquor except those laws and ordinances which by their nature are not applicable. (g) The annual state fee for a caterer's permit is $300. Subd. 13. Holders of multiple on-sale licenses; uniform licensing periods. Notwithstanding any local ordinance or other law, a local government unit may adjust the licensing period for any holder of multiple on-sale alcoholic beverage licenses in the state, upon request of the licensee. The local government unit may charge a fee for an adjustment of the licensing period. nIST: 1985 c 201 s 3; 1985 c 305 art 6 s 4; lSp1985 c 16 art 2 s 3 subd 1; lSp1986 c 3 art 1 s 37; 1987 c 5 s 1,2; 1987 c 27 s 1; 1987 c 29 s 1; 1987 c 152 art 1 s 1; 1987 c 310 s 8; 1987 c 328 s 2; 1989 c 40 s 1; 1990 c 554 s 7-10; 1991 c 249 s 4-7,31; 1992 c 486 s 7; 1994 c 611 s 16,17; 1995 c 42 s 1; 1995 c 198 s 8,9; 1996 c 418 s 5,6; 1997 c 129 art 1 s 3,4; 1998 c 364 s 3,4; 1999 c 202 s 1-4; 2000 c 440 s 3; 2001 c 193 s 1,2; 2003 c 126 s 6,7; 2005 c 24 s 1; 2005 c 25 s 3; 2005 c 131 s 3; 2005 c 136 -99- http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=ST A T _ CHAP _ SEC&year=curr... 4/5/2006 Minnesota Statutes 2005, 340A.404 Page 8 of8 art 8 s 15 * NOTE: Subdivision 2, paragraph (h), is effective upon *approval by the Minneapolis City Council as provided by section *645.021, notwithstanding section , subdivision 1, clause *(a). Laws 2005, chapter 24, section 1. Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General Questions or comments. -100- http://www.revisor.leg.state.mn.uslbinlgetpub.php?pubtype=ST A T _CHAP _ SEC&year=curL.. 4/5/2006 Minnesota Statutes 2005, 340A.503 Page 1 of3 Minnesota Office of the Revisor of Statutes Legislature Home I Links to the World I Help I A( House I Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rules Minnesota Statutes 2005, 340A.503 Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota. Minnesota Statutes 2005, Table of Chapters Table of contents for Chapter 340A 340A.503 Persons under 21; illegal acts. Subdivision 1. any: Consumption. (a) It is unlawful for (1) retail intoxicating liquor or 3.2 percent malt liquor licensee, municipal liquor store, or bottle club permit holder under section 340A.4l4, to permit any person under the age of 21 years to drink alcoholic beverages on the licensed premises or within the municipal liquor store; or (2) person under the age of 21 years to consume any alcoholic beverages. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of this clause that the defendant consumed the alcoholic beverage in the household of the defendant's parent or guardian and with the consent of the parent or guardian. (b) An offense under paragraph (a), clause (2), may be prosecuted either in the jurisdiction where consumption occurs or the jurisdiction where evidence of consumption is observed. (c) As used in this subdivision, "consume" includes the ingestion of an alcoholic beverage and the physical condition of having ingested an alcoholic beverage. Subd. 2. Purchasing. It is unlawful for any person: (l) to sell, barter, furnish, or give alcoholic beverages to a person under 21 years of age; (2) under the age of 21 years to purchase or attempt to purchase any alcoholic beverage unless under the supervision of a responsible person over the age of 21 for training, education, or research purposes. Prior notification of the licensing authority is required unless the supervised alcohol purchase attempt is for professional research conducted by postsecondary educational institutions Or state, countYI or local health departments; or (3) to induce a person under the age of 21 years to purchase or procure any alcoholic beverage, or to lend or knowingly permit the use of the person's driver's license, permit, Minnesota identification card, or other form of identification by a person under the age of 21 years for the -101- httD://www_revisOLle~Lst~temnm::lhin/C1etnl1h nhn?nllhhmp,=<::T A T rT-l A p <::pr.en,p<>r=ronrT II / r::.. /') (i(i?:, Minnesota Statutes 2005, 340A.503 Page 20[3 purpose of purchasing or attempting to purchase an alcoholic beverage. If proven by a preponderance of the evidence, it shall be an affirmative defense to a violation of clause (1) that the defendant is the parent or guardian of the person under 21 years of age and that the defendant gave or furnished the alcoholic beverage to that person solely for consumption in the defendant's household. Subd. 3. Possession. It is unlawful for a person under the age of 21 years to possess any alcoholic beverage with the intent to consume it at a place other than the household of the person's parent or guardian. Possession at a place other than the household of the parent or guardian creates a rebuttable presumption of intent to consume it at a place other than the household of the parent or guardian. This presumption may be rebutted by a preponderance of the evidence. Subd. 4. unlawful for establishment any municipal having served Entering licensed premises. (a) It is a person under the age of 21 years to enter an licensed for the sale of alcoholic beverages or liquor store for the purpose of purchasing or or delivered any alcoholic beverage. (b) Notwithstanding section 340A.509, no ordinance enacted by a statutory or home rule charter city may prohibit a person 18, 19, or 20 years old from entering an establishment licensed under this chapter to: (1) perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by section 340A.412, subdivision 10; (2) consume meals; and (3) attend social functions that are held in a portion of the establishment where liquor is not sold. Subd. 5. Misrepresentation of age. It is unlawful for a person under the age of 21 years to claim to be 21 years old or older for the purpose of purchasing alcoholic beverages. Subd. Sa. Attainment of age. With respect to purchasing, possessing, consuming, selling, furnishing, and serving alcoholic beverages, a person is not 21 years of age until 8:00 a.m. on the day of that person's 21st birthday. Subd. 6. Proof of age; defense; seizure of false identification. (a) Proof of age for purchasing or consuming alcoholic beverages may be established only by one of the following: (1) a valid driver's license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; (2) a valid military identification card issued by the United States Department of Defense; -102- httD://www.revisor.leg.state.rnn.us/binlgemub.ohp?pubtype=STAT CHAP SEC&vear=curr... 4/5/2006 Minnesota Statutes 2005, 340A.503 Page 3 of3 (3) a valid passport issued by the United States; or (4) in the case of a foreign national, by a valid passport. (b) In a prosecution under subdivision 2, clause (1), it is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon representations of proof of age authorized in paragraph (a) in selling, bartering, furnishing, or giving the alcoholic beverage. (c) A licensed retailer or municipal liquor store may seize a form of identification listed under paragraph (a) if the retailer or municipal liquor store has reasonable grounds to believe that the form of identification has been altered or falsified or is being used to violate any law. A retailer or municipal liquor store that seizes a form of identification as authorized under this paragraph must deliver it to a law enforcement agency, within 24 hours of seizing it. Subd. 7. Repealed, 1989 c 351 s 19 HIST: 1985 c 305 art 7 s 3; 1986 c 330 s 6; 1986 c 444; 1987 c 152 art 1 s 1; 1989 c 301 s 13,14; 1990 c 602 art 5 s 2-4; 1991 c 68 s 1; 1991 c 249 s 20; 1993 c 347 s 21; 1993 c 350 s 13; 1994 c 615 s 21; 1995 c 185 s 7; 1995 c 186 s 67; 1996 c 323 s 4; 1996 c 442 s 24; lSp1997 c 2 s 57; 1999 c 202 s 7; 2000 c 472 s 3; 2005 c 131 s 7 Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or comments. -103- http://www.revisor.leg.state.mn.uslbin/getpub.php?pubtype=ST AT_CHAP __ SEC&year=curr... 4/5/2006 Minnesota Statutes 2005, 340A.504 Page 1 of3 Minnesota Office of tbeRevisorof Statutes Legislature Home I Links to the World I Help I A( House I Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rules Minnesota Statutes 2005, 340A.504 Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota. Minnesota Statutes 2005, Table of Chapters Table of contents for Chapter 340A 340A.504 Hours and days of sale. Subdivision 1. 3.2 percent malt liquor. No sale'of 3.2 percent malt liquor may be made between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 2:00 a.m. and 10:00 a.m. on Sunday. Subd. 2. Intoxicating liquor; on-sale. No sale of intoxicating liquor for consumption on the licensed premises may be made: (1) between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday; (2) after 2:00 a.m. on Sundays, except as provided by subdivision 3. Subd. 2a. Certain dispensing exempt. Where a hotel possessing an on-sale intoxicating liquor license places containers of intoxicating liquor in cabinets in hotel rooms for the use of guests staying in those hotel rooms, and a charge is made for withdrawals from those cabinets, the dispensing of intoxicating liquor from those cabinets does not constitute a sale for purposes of subdivision 2. Subd. 3. Intoxicating liquor; Sunday sales; on-sale. (a) A restaurant, club, bowling center, or hotel with a seating capacity for at least 30 persons and which holds an on-sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. on Sundays and 2:00 a.m. on Mondays. (b) An establishment serving ~n~oxica~~ng liquor on Sundays must obtain a Sunday license. The license must be issued by the governing body of the municipality for a period of one year, and the fee for the license may not exceed $200. (c) A city may issue a Sunday intoxicating liquor license only if authorized to do so by the voters of the city voting on the question at a general or special election. A county may issue a Sunday intoxicating liquor license in a town only if authorized to do so by the voters of the town as provided in paragraph (d). A county may issue a Sunday intoxicating liquor license in unorganized territory only if authorized to do so by -104- l,~./f.tYn:,,[T'nr 'f"'O,,(T~t"O....'\'1'" 10,rr ,.,ft"'lfo "t"Y\?"\ "H'''fl...r.~'t'''i/,.,..o+-.,'11.... _l..._t').....nhh~~-C"r A T 0U ^ D CD,.,. p....-~,........__..........__ A It:: 1'1().().t:: Minnesota Statutes 2005, 340A.504 Page 2 of3 the voters of the election precinct that contains the licensed premises, voting on the question at a general or special election. (d) An election conducted in a town on the question of the issuance by the county of Sunday sales licenses to establishments located in the town must be held on the day of the annual election of town officers. (e) Voter approval is not required for licenses issued by the Metropolitan Airports Commission or common carrier licenses issued by the commissioner. Common carriers serving intoxicating liquor on Sunday must obtain a Sunday license from the commissioner at an annual fee of $75, plus $30 for each duplicate. Subd. 4. Intoxicating liquor; off-sale. No sale of intoxicating liquor may be made by an off-sale licensee: (1) on Sundaysi (2) before 8:00 a.m. or after 10:00 p.m. on Monday through SaturdaYi (3) on Thanksgiving DaYi (4) on Christmas Day, December 25i or (5) after 8:00 p.m. on Christmas Eve, December 24. Subd. 5. Bottle clubs. No establishment licensed under section 340A.4l4, may permit a person to consume or display intoxicating liquor, and no person may consume or display intoxicating liquor between 1:00 a.m. and 12:00 noon on Sundays, and between 1:00 a.m. and 8:00 a.m. on Monday through Saturday. Subd. 6. Municipalities may limit hours. A municipality may further limit the hours of sale of alcoholic beverages, provided that further restricted hours must apply equally to sales of 3.2 percent malt liquor and intoxicating liquor. A city may not permit the sale of alcoholic beverages during hours when the sale is prohibited by this section. Subd. 7. Repealed 1Sp2003 c 19 art 2 s 79 subd 3 HIST: 1985 c 139 s 1; 1985 c 305 art 7 s 4; 1Sp1985 c 16 art 2 s 3 subd 1; 1987 c 5 s 4; 1987 c 152 art 1 s 1; 1988 c 420 s 1i 1989 c 49 s 3-5; 1990 c 554 s 14i 1991 c 249 s 21,22,31i 1992 c 513 art 3 s 60; 1994 c 611 s 26; 1997 c 129 art 1 s 8; 2002 c 318 s 2i 2003 c 126 s 10-12; 1Sp2003 c 19 art 2 s 59; 2005 c 131 s 8-10; 2005 c 136 art 8 s 18 * NOTE: subdivision 7, as added by Laws 2003, First Special *Session chapter 19, article 2, section 59, is repealed July 1, *2005, provided that the commissioner of revenue has made the *report to the secretary of state of the determination described *in Laws 2003, First Special Session chapter 19, article 2, *section 76, paragraph (b), by that date. If no such *determination has been made by that date, subdivision 7 remains -105- ___/L~n/_~.L 1 n '_.L nr"T" .l ~ r-,TT A T\ nT""r"IO Alr'I"'^^/ Minnesota Statutes 2005, 340A.504 *in effect. Laws 2003, First Special Session chapter 19, article *2, section 79, subdivision 3. * NOTE: Subdivision 7 was amended by Laws 2005 chapter 136, *article 8, section 19, to read as follows: * "Subd. 7. Sales after 1:00 a.m.; permit fee. (a) No *licensee may sell intoxicating liquor or 3.2 percent malt liquor *on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the *licensee has obtained a permit from the commissioner. *Application for the permit must be on a form the commissioner *prescribes. Permits are effective for one year from date of *issuance. For retailers of intoxicating liquor, the fee for the *permit is based on the licensee's gross receipts from on-sales *of alcoholic beverages in the 12 months prior to the month in *which the permit is issued, and is at the following rates: * (1) up to $100,000 in gross receipts, $300; * (2) over $100,000 but not over $500,000 in gross receipts, *$750; and * (3) over $500,000 in gross receipts, $1,000. * For a licensed retailer of intoxicating liquor who did not *sell intoxicating liquor at on-sale for a full 12 months prior *to the month in which the permit is issued, the fee is $200. *For a retailer of 3.2 percent malt liquor, the fee is $200. * (b) The commissioner shall deposit all permit fees received *under this subdivision in the alcohol enforcement account in the *special revenue fund. * (c) Notwithstanding any law to the contrary, the *commissioner of revenue may furnish to the commissioner the *information necessary to administer and enforce this *subdivision. " Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or comments. -106- L..LL_~_/L_~_____u__~____1__ _.L_L_ _____ ___fL":_I__L-_,L _L_I)___~LL___~_C'tl""f"'Ar"J"'I /"""'ITTAn C'tr;f"'"'"'O__~_~__H_ Page 3 of3 A It:: l"lAAL COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin AGENDA SECTION: Items for Consideration NO: -l C 2- ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROV AL ITEM: Resolution 2006-48, Conditional Use Permit for Off-Street Parking at 3827 Central Avenue. Case #2006-0201 BY: Jeff Sargent, City Planner DATE: April 5, 2006 BY: /H~,/L/( fL. "i':%:: tc/~ .', ., BACKGROUND: At this time, Mr. Bahe is requesting a CUP to allow for off-street parking in the R-3, Multiple Family Residential District, for his business per Code Section 9.109 (G)(3)(f). The only vehicles allowed to park in this parking lot will be those vehicles that have had repairs already made, and employees' vehicles. The subject property has been used for the past 8 years as a storage lot for impounded vehicles, or vehicles waiting to be worked on. Mr. Bahe's request would enable the current property to be cleaned up and used in a manner consistent with City Code. The subject property is located in the R-3, Multiple Family Residential District, as are the properties to the north. The properties to the west and south are zoned GB, General Business, the same zoning classification as Jeffs Bobby and Steve's Autoworld. The properties to the east are zoned R-2A, One and Two Family Residential. The Zoning Code at Section 9.109 (G)(3)(f) states that off-street parking is allowed in the R-3 District for an adjacent conforming commercial use, as a Conditional Use, provided the lots are in common ownership, the lots are not separated by a public right-of-way and the lots front on the same public right- of-way. The two lots in question are under common ownership and front on the same public right-of-way, being a common alley. RECOMMENDATION: The Planning Commission held a public hearing on April 4, 2006 and recommended that the City Council approve Conditional Use Permit based on the stated conditions, with a 5-0 vote. RECOMMENDED MOTIONS: Move to waive the reading of Resolution 2006-48, there being ample copies available to the public. Move to adopt Resolution No. 2006-48, approving an off-street parking facility located at 3827 Central Avenue, subject to the conditions stated in the Resolution. A h R I . M 2006 48 PI . R A M S' PI ttac ments: eso utlOn o. - , anmnz eport, rea ap, lte an COUNCIL ACTION: -107- RESOLUTION NO. 2006-48 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR JEFF BAHE OF JEFF'S BOBBY AND STEVE'S WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2006-0201) has been submitted by JeffBahe to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3827 Central Avenue NE LEGAL DESCRlPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (G)(3)(f), to allow off-street parking in the R-3, Multiple Family Residential District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on April 4, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings ofthe Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use wiil be designed, constructed, operated and maintained in a manner that is compatible with the appearance ofthe existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. -108- Resolution No. 2006-48 2 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part ofthis permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS A TT ACHED: 1. All required state and local codes will be met and in full compliance. 2. Any new lighting used to illuminate the off-street parking area shall be shaded or diffused as to deflect the light away from the adjoining property and a lighting plan will need to be reviewed and approved by staff. 3. A six-foot high fence shall be erected along the property line abutting a residential district and shall be at least 80% opaque. 4. A bumper curb of 5-7 inches high is required around the perimeter of the parking area. 5. There shall be a minimum of two feet of open space maintained between the required bumper curb surrounding the parking area and the property line. 6. Driveways shall not exceed 6% grade and the parking lot shall be graded according to a drainage plan, which have been approved by the Department of Public Works. 7. The parking lot will need to be striped, with required parking stalls measuring 9' x 20'. A minimui"11 drive aisle width of 24 feet must be maintained at all tim~s. 8. The parking lot may not be used for the storage of inoperable vehicles, junk vehicles, \.J,:;.lr'l.,.lpo,-, l~.~r" \:"am 1~ I'\T 'i#-llh;plf..>>L' ,,-',..hpu'ut,:.;arl .rnr r~~~;"".-:Jt T.a.-f.p C" "Qo'o'o" anrl ~+e,,(Ta.~ C"t A "l""'r'\.'C'.-rO~'lQ' A~' 11 'l''VLV':''''''1J OJ .., .!.......,V.l. ,,'-'J...L.L'\.t.1......lJiJ"".1J."w' .l,,",,"-L.1.V .l.......Pu..u..c...u.J........1.J..;)J.....I J J.Uf,JL v\.. .:lrl.UlVVV 1 . .11 vehicles stored on the lot shall have current license tabs. 9. The number of vehicles stored in the parking lot is limited to the number of striped parking stalls on site. A parking detail will be submitted to the Planning Department indicating the maximum number of parking stalls available on the site. -109- Resolution No. 2006-48 Passed this _ day of April 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -110- CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2006-0201 DATE: April 4, 2006 TO: Columbia Heights Planning Commission APPLICANT: Jeff Bahe, Jeff's Bobby and Steve's LOCATION: 3827 Central Avenue REQUEST: Conditional Use Permit for Off-street Parking PREPARED BY: Jeff Sargent, City Planner INTRODUCTION On September 14, 1998, Dr. Gary Good, owner of the property located at 3827 Central Avenue, was given a Conditional Use Permit (CUP) to allow an off-street parking lot in the R-3, Multiple Family Residential District. Shortly thereafter, Jeffs Bobby and Steve's Autoworld bought the land to use as their own. On September 19, 2000, Tim Johnson (City Planner) wrote Mr. Williams a letter (see attached) explaining that the original CUP had become null and void because certain conditions of the CUP were not fulfilled within a one-year period after approval. The letter also stated that Mr. Williams would need to reapply for a second CUP prior to utilizing the property as a parking lot for his business. Jeff Bahe, d/b/a Jeff's Bobby and Steve's Autoworld, has recently applied for and received a CUP for an outdoor storage lot in the City of Columbia Heights. During the application process, City Staff reviewed the files pertaining to the Autoworld's properties and determined that a second CUP had yet to be approved for the property located at 3827 Central Avenue. At this time, Mr. Bahe is requesting a CUP to allow for off-street parking in the R-3, Multiple Family Residential District, for his business per Code Section 9.109 (G)(3)(f). The only vehicles allowed to park in this parking lot will be those vehicles that have had repairs already made, and employees' vehicles. The subject property has been used for the past 8 years as a storage lot for impounded vehicles, or vehicles waiting to be worked on. Mr. Bahe's request would enable the current property to be cleaned up and used in a manner consistent with City Code. -111- City of Columbia Heights Planning Commission Jeff's Bobby and Steve's - Conditional Use Permit April 4, 2006 Case # 2006-0201 PLANNING CONSIDERATIONS Consistency with Zoning Ordinance The subject property is located in the R-3, Multiple Family Residential District, as are the properties to the north. The properties to the west and south are zoned GB, General Business, the same zoning classification as Jeff's Bobby and Steve's Autoworld. The properties to the east are zoned R-2A, One and Two Family Residential. The Zoning Code at Section 9.109 (G)(3)(f) states that off-street parking is allowed in the R-3 District for an adjacent conforming commercial use, as a Conditional Use, provided the lots are in common ownership, the lots are not separated by a public right- of-way and the lots front on the same public right-of-way. The two lots in question are under common ownership and front on the same public right-of-way, being a common alley. Consistency with Comprehensive Plan The Comprehensive Plan designates the property as medium density residential use. Being that off-street parking is allowed as a Conditional Use, the proposed use of the land would be consistent with the Comprehensive Plan. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Off-street parking is specifically listed as a Conditional Use in the R-3, Multiple Family Residential District in the City of Columbia Heights. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this property as medium density residential. The proposed use of tlie iand vvouid be consistent vvitll the Con7preheilsive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. -112- Page 2 City of Columbia Heights Planning Commission Jeff's Bobby and Steve's - Conditional Use Permit April 4, 2006 Case # 2006-0201 The neighboring properties most affected by this proposal are the residents to the immediate east. These properties are situated above the subject property and are oriented to Reservoir Boulevard to the east. The subject property has been used as a storage lot for the past 8 years, with as many vehicles as possible occupying the lot. The proposed CUP would ensure that the number of vehicles stored on the property could not exceed the number of striped parking spaces. For this reason, there will be less vehicles stored on the property than ever before, making the situation less obtrusive to the neighbors. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of the properties in the immediate vicinity will remain the same. As stated previously, the property will only be allowed to store a set amount of vehicles, far less than the number of vehicles that have been stored on the site for the previous 8 years. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. Specific conditions regarding the use of this property will be outlined in the Resolution approving the Conditional Use Permit. These conditions will ensure that the use will be operated and maintained in a manner compatible with the appearance of the character of the area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 3827 Central Avenue NE meets this criterion. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. There will be less traffic congestion than previously due to the fact that fewer vehicles will be permitted to be stored on the property. (h) The use wiii not cause a negative cumuiative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. -113- Page 3 City of Columbia Heights Planning Commission Jeff's Bobby and Steve's - Conditional Use Permit April 4, 2006 Case # 2006-0201 Any negative effect that this use has had on the immediate vicinity will be diminished because of the fact that fewer vehicles will be permitted to be stored on the property. (i) The use complies with all other applicable regulations for the district in which it is located. The proposed use will comply with all other applicable regulations for the district. RECOMMENDATION Staff recommends that the Planning Commission recommend that the City Council approve the Conditional Use Permit for off-street parking, subject to conditions of approval outlined below. Motion: The Planning Commission recommends that the City Council approve the Conditional Use Permit for off-street parking, subject to certain 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. All required state and local codes will be met and in full compliance. 2. Any new lighting used to illuminate the off-street parking area shall be shaded or diffused as to deflect the light away from the adjoining property and a lighting plan will need to be reviewed and approved by staff. 3. A six-foot high fence shall be erected along the property line abutting a residential district and shall be at least 80% opaque. 4. A bumper curb of 5-7 inches high is required around the perimeter of the parking area. 5. There shall be a minimum of two feet of open space maintained between the required bumper curb surrounding the parking area and the property line. 6. Driveways shall not exceed 6% grade and the parking lot shall be graded according to a drainage plan, which have been approved by the Department of Public Works. 7. The parking lot will need to be striped, witrJ required parking stalls measuring 9' x 20'. A minimum drive aisle width of 24 feet must be maintained at all times. 8. The parking lot may not be used for the storage of inoperable vehicles, junk vehicles, vehicles for sale, or vehicles scheduled for repair at Jeffs Bobby and -114- Page 4 City of Columbia Heights Planning Commission Jeff's Bobby and Steve's - Conditional Use Permit April 4, 2006 Case # 2006-0201 Steve's Autoworld. All vehicles stored on the lot shall have current license tabs. 9. The number of vehicles stored in the parking lot is limited to the number of striped parking stalls on site. A parking detail will be submitted to the Planning Department indicating the maximum number of parking stalls available on the site. ATTACHMENTS · Draft Resolution · Location Map · Survey / Site Plan · Letter from Tim Johnson, City Planner -115- Page 5 I- 3956 3946 3942 3938 3934 3930 3922 3918 3914 3906 3900 I- I-- l- I-- '- 850 3850 3844 3842 3838 3834 3830 3824 3820 3818 3812 3810 3806 3800 3728 3722 3716 3714 3710 3700 - - 3957 3951 3947 3943 3939 3935 3931 3923 3915 3911 WltO to 0 ~ to 3857 3853 3849 3847 3841 3839 3835 3829 3825 3823 3819 3815 3807 3801 3729 3725 r5 3721 0::: _ 3717___ ::::> 3713 en 3711 Z 3705 ~ 3701 I- en N ~i)t W~~E ~)( S 3952 ~ 3928 3924 3918 3912 3910 3900 3844 3722 3718 3710 3706 3700 3827 Central Avenue 3951 950 0.. 0 0 0 0 0 0 0 0 0 0 :: A"", tJ. ~ OOO........NNNWWO \2 N.l>.OJNO>O.l>.OJNO>N ~ en U',9t..? ~ 0:::................ ~ ()' woo 0 0 1055 U',9 I- 0.... W .l>." 0'0 .... (Jl (Jl (Jl <F,9 W tJ. ~6' 0.. ~ U',9 ? 70> W to W N 3939 W to .l>. o LO <D ~ I I- en g ~t:::J":Jro tJ. o ~7 tJ. < t..? ~oo> ~U',Q~06' :j U',90 C?6' 3900 ? U',9 tJ. ~ ~ tJ. ~cJ ~7. 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Fehst 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 COMMUNITY DEVELOPMENT DEPARTMENT September 19,2000 Bobby Williams Jeffs, Bobby and Steve's Autoworld 3701 Central Avenue NE Columbia Heights, ~ 55421 Re: Off-Street Parking Site Plan for Autoworld Business. Dear Bobby, I am writing you after speaking with Ken Anderson (Community Development Director), regarding the triangular shaped lot east of Central A venue and adjacent to the alley located behind Bobby and Steve's. Evidently there has been an on-going plan to utilize this lot as an accessory use and parking extension for your existing business. According to past agreements, a conditional use permit was issued for this site to allow for off-street parking in accordance with Dr. Good's business. Evidently an agreement was made between Dr. Good and the owners of Autoworld for Autoworld employees to utilize this parking area, as well as an agreement to pave the lot. The original conditional use permit was approved in September 1998, with eleven conditions addressed in the approval. However, because the conditions were not met, and the former owner never followed through on plans to pave and stripe this lot, the City will require you to reapply for a new conditional use permit. By City Zoning Ordinance, a conditional use permit is null and void if the conditional use isn't substantially fulfilled within one year of approval. This now requires submittal ofa conditional use permit application ($120.00), as well as a site plan sketch drawn to scale showing the proposed parking layout, the proposed drainage pattern, and landscape fencing to buffer the adjacent residential properties. Note that the ordinance only allows for off-street parking facilities accessory to commercial uses within four hundred (400) feet of the business. Please measure the distance from auto repair business lot line to parking lot to confirm that this lot is within four hundred (400) feet of the business. The proposed off-street parking area shall lay out all spaces to be paved and striped at 9 feet by 20 feet, with adequate access aisles for maneuvering. Preferably a minimum of twenty-two (22) feet for the access aisles. The ordinance also requires that off-street parking facilities located off premises maintain ownership by deed or obtain a long-term lease, and this information be provided1:O the City. This plan shall also show the method of drainage proposed as the current slope might be at or near 6%. The maximum slope is 6% and needs to be reviewed by the City Engineer prior to approval. We are requesting that an engineer prepare the plans and address drainage issues on site. Landscaping shall also be provided at two hundred (200) square feet for every twenty (20) parking spaces. The landscaping shall be complemented by a fence abutting residential properties of between 3.5 feet and 6 feet in height, being 50% opaque. A curb island with a minimum width offive (5) feet shall be provided between the two driyeway's. A bumper curb of 5-7 inches high, is required around the perimeter of parking area, with a minimum of two (2) feet open space maintained between the required bumper curb surrounding the parking area and the property line. Keep in mind that off-street parking areas shall not be used for open storage of boats, trailers, semi-trailers, constmction equipment, etc. They shall also not be used for the storage of inoperable vehicles, or vehicles for sale or for rent. Feel free to contact me at (763) 706-3673 if you have any questions or need additional information. Sincyly, /!.< JU~~ Tim Johnson City Planner Enclosures Kathy Young (Public Works) -118- THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE """'" U~ LlISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER COLUMBIA HEIGHTS CITY COUNCIL LETTER AGENDA SECTION: Items for Consideration NO: I <..:. "< --' ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROVAL BY: / /~lf/.;1 v~ttE:///:tr ITEM: Resloution 2006-49, 2-foot Parking Stall Length Variance for Sarna's Restaurant, Case #2006-0401 BY: Jeff Sargent, City Planner DATE: April 5, 2006 BACKGROUND: At this time, James Sarna, d/b/a! Sarna's Restaurant, is requesting a 2-foot parking stall length variance throughout the project, per Code Section 9.106 (L )(7)( a). On October 24, 2005, City Council approved the Preliminary Plat and three (3) variances for this project, including a lO-foot setback variance for hard surface parking, an 8-foot height variance for the monument sign, and a 35 square foot area variance for the monument sign. The City Council has also approved the frrst reading for the vacation of Lookout Place, which traverses through the property. PLANNING CONSIDERATIONS: The proposed building will be approximately 6,000 square feet with a seating capacity of 180 patrons. The Zoning Code would require 54 parking stalls based on the maximum seating capacity of the restaurant at 180 people. Currently, the proposed development includes 74 parking stalls on site, based on a parking stall confrguration of 9 feet wide by 20 feet deep. Base on projected project costs, as well as the size and capacity of the building, the applicant has concluded that more parking would be necessary on site to accommodate for more patrons needed to make the restaurant economically feasible. The proposed variance would shorten the parking stall length from 20 to 18 feet, and would create an additional 15 parking stalls for a total of 89 stalls on site. The applicant feels that 89 parking stalls would be suffrcient in conducting the restaurant business, and would minimize the amount of overflow parking into the residential neighborhoods. The applicants and City Staff have conducted some research as to the minimum parking stall lengths in different cities throughout the metro. Attached is a table produced by the applicants indicating their fmdings. City Staff was more interested in those cities that most closely resemble Columbia Heights, as well as larger cities in the area. It was determined that the cities of Crystal, New Brighton, St. Louis Park, Brooklyn Park, and Brooklyn Center require only an 18-foot parking stall length. The exception for Brooklyn Park was for head-on-head parking, in which the parking stall length increased to 19.5 feet. RECOMMENDATION: The Plan...'1ing Commission held a public hearing on April 4, 2006, and recommended that the City Council approve the 2-foot parking stall length variance for the Sarna's Restaurant with a 5-0 vote. RECOMMENDED MOTIONS: Move to waive the reading of Resolution No. 2006-49, there being ample copies available to the public. Move to adopt Resolution No. 2006-49, being a Resolution approving a variance from certain conditions of the City of Columbia Heights Zoning Code for Sarna's Restaurant, to approve the 2-foot parking stall length variance subject to the stated conditions. Attachments: Resolution 2006-49, Location Map, Site Plan COlJ"f'JCIL ~A~CTION : -119- RESOLUTION NO. 2006-49 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR JAMES SARNA OF SARNA'S RESTAURANT WHEREAS, a proposal (Case # 2006-0401) has been submitted by James Sarna to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3955 University Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot parking stall length variance as per Code Section 9.106 (L)(7)(a). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on April 4, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel ofland involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Pian. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. -120- Resolution No. 2006-49 Page 2 FURTHER, BE IT RESOLVED, that the attached conditions, plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal ofthe permit. CONDITIONS: 1. All application materials, maps, drawings and other descriptive information submitted with this application shall become part of the permit. 2. All access isles for handicap accessible parking shall be at least 96 inches. 3. Four (4) handicap parking spaces are required for 76-100 total parking spaces. Passed this _ day of April 2005 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -121- CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2006-0401 DATE: April 4, 2006 TO: Columbia Heights Planning Commission APPLICANT: James Sarna, Sarna's Restaurant LOCATION: 3955 University Avenue REQUEST: 2-foot parking stall length variance PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, James Sarna, d/b/a/ Sarna's Restaurant, is requesting a 2-foot parking stall length variance throughout the project, per Code Section 9.106 (L)(7)(a). The proposed restaurant will be approximately 6,000 square feet in area, with a seating capacity of 180 people. On October 24, 2005, City Council approved the Preliminary Plat and three (3) variances for this project, including a 1 O-foot setback variance for hard surface parking, an 8-foot height variance for the monument sign, and a 35 square foot area variance for the monument sign. The City Council has also approved the first reading for the vacation of Lookout Place, which traverses through the property. PLANNING CONSIDERATIONS The property is zoned GB, General Business, as are the properties to the north, west and the east (along 40th Avenue). The property also abuts some residential properties along the eastern property line zoned R-3, Multiple Family Residential. The properties to the south are zoned 1-1, Industrial. The proposed building will be approximately 6,000 square feet with a seating capacity of 180 patrons. The Zoning Code would require 54 parking stalls based on the maximum seating capacity of the restaurant at 180 people. Currently, the proposed development includes 74 parking stalls on site, based on a parking stall configuration of 9 feet wide by 20 feet deep. Base on projected project costs, as well as the size and capacity of the building, the applicant has concluded that more parking would be necessary on site to accommodate for more patrons needed to make the restaurant economically feasible. The proposed variance would shorten the parking stall length from 20 to 18 feet, and would create an additional 15 parking stalls for a total of 89 stalls on site. The applicant feels that -122- City of Columbia Heights Planning Commission Sarna's Restaurant, Variance April 4, 2006 Case # 2006-0401 89 parking stalls would be sufficient in conducting the restaurant business. The applicants and City Staff have conducted some research as to the minimum parking stall lengths in different cities throughout the metro. Attached is a table produced by the applicants indicating their findings. City Staff was more interested in those cities that most closely resemble Columbia Heights, as well as larger cities in the area. It was determined that the cities of Crystal, New Brighton, St. Louis Park, Brooklyn Park, and Brooklyn Center require only an 18-foot parking stall length. The exception for Brooklyn Park was for head- on-head parking, in which the parking stall length increased to 19.5 feet. CONSISTENCY WITH THE COMPREHENSIVE PLAN The Comprehensive Plan guides this area towards "Transit Oriented Development". The Comprehensive Plan states that this classification focuses on the commuting needs of Columbia Heights residents. As a result, a higher percentage of service-oriented commercial/retail development will be 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. FINDINGS OF FACT The following are required findings that the City Council must make before approving a variance request in the City of Columbia Heights: 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 article would cause undue hardship. The applicants stated that the site in its entirety has been extremely difficult to work with because of the preexisting conditions imposed on it. The proposed location for the building is the only place it can be placed due to existing utilities. Based on the size of the building the applicants feel that strict adherence to the parking code would result in inadequate parking for the overall project. If the variance was not granted, the applicants feel that the excess parking required for the project would spill into the surrounding residential neighborhoods. Granting the variance would enable the project to be self-contained and would minimize the impact of the restaurant to the neighboring residential area. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The use of the property is a restaurant in the GB, General Business District. The configuration of the property, along with the size of the restaurant and the property yield a small number of parking stalls available to the remainder of the site. These -123- Page 2 City of Columbia Heights Planning Commission Sarna's Restaurant, Variance April 4, 2006 Case # 2006-0401 conditions are unique to this particular piece of property attempting to accommodate a full-service restaurant. Other similarly zoned parcels would not encounter the same encumbrances as this particular piece of land. 3. The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The provisions of the Zoning Code require a 20-foot parking stall. The difficulty in this situation is that the restaurant would not be able to function on the parcel if there were only 74 parking stalls on site. At the time of the variance request, the applicants did not have a legal interest in the property, and are seeking a variance to fulfill the needs of the restaurant. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The particular use of a restaurant in a Transit-Oriented Development, as described in the Comprehensive Plan, is consistent with the intent of the Comprehensive Plan. Granting the variance would not alter this. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. Granting of this variance would be beneficial to the welfare of the general public, as it would not encourage restaurant patrons to park in the residential neighborhoods, or along heavily traveled roadways. CONCLUSION The success of Sarna's Restaurant hinges on the amount of parking that the property can accommodate. The request of a 2-foot variance to the parking stall length is not extraordinary when compared to other similar cities in the metro area. By granting this variance, the restaurant will be able to add an additional 15 parking stalls, further ensuring that the patrons would not be parking in the residential neighborhood to access the restaurant. For these reasons, Staff recommends approval of the variance Recommendation Motion: That the Planning Commission approve the 2-foot parking stall length variance for the Sarna's Restaurant with the following conditions: 1. All application materials, maps, drawings and other descriptive information submitted with this application shall become part of the permit. 2. All access isles for handicap accessible parking shall be at least 96 inches. -124- Page 3 City of Columbia Heights Planning Commission Sarna's Restaurant, Variance April 4, 2006 Case # 2006-0401 3. Four (4) handicap parking spaces are required for 76-100 total parking spaces. Motion: That the Planning Commission recommends that the City Council approve the 2- foot parking stall length variance for Sarna's Restaurant. Attachments: Draft resolution, location map, site plan, letter from applicant, parking stall analysis. -125- Page 4 VE L-J I ~'uu I J~ I r--- '" j 0> 0 I--- I- '" (f) '" ~ - ~ ~ '" - 0 I----- ~ ~ 8 '---- - AVE ~ 300 0 - ~ . I . :::J '" '" '" '" 0> CX> 0 925 --- ~ ~ 39\5 .,'l\l'IJ ~>~'/:' E ~ ; l'-- '" '" t; '-J::!J ~ 13 3830--- r------- t 3822 3825 P 3816 I--- f:- r--- ~ 3810 3809 1 f--- ~ 38~ ~ 5 '3800 ~ lAVE II 3754 r---l N w.. s ~ 40TH ~~ '" '" ~ li"'~1 ~ ~~~32 81 506/<''1-'1> / ~ ~ li:o"'''''''3980I-Q // I 395Q (f) 'Th 3950 %S\'" :I~II 3974 I .,'IJ'O'lA~ ~ 19 \ q, ~ ~t;~~_ 3970 I /.-A '" " 3944 ~" -...."'....- 3966 I ol),"?'" ~~:9~~MI~ 3962 gj ~ 0 "'~? % ~ r---- 0 cS-. ~ 3952 ~\ ~ 'ill \ 3915 I--- ~.'f9 '?> \~ 3948 <t? OJ' 3911 I--- 907 3800 PL 4120 4100 ~ 4042 4049 '--:w4o 4039 ~ _ 4034 4037 4<i2il ~ 4025 4018 4014 '--- ~ ~ ~ ~ 4002 r-. 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AVE ~~~ <,<''0. nY ICE ~~I~ <,rf> . ~- 'iff ~~~ ~13900 3800 '" co ~ AVE 'O~~-<- o [J AVE I 450 A v // /~ '" '" o 8 Location Map -126- -,~ 4 - ~ ~ ~ 4 - ~ ~ ~ _4 ~ _4 _4 - - - - bi- - - - '- Z~ o (f) c- o:: w- tt f w -',- - 0> 0> ti '" '" o '" :;= ~ ~ ~ ~ ~ t; ~ r-< '- 6 C'I) Q:' If tb ~ "- r------ I . o 0.. . .n, SIGN i: 50D , 2~.O : i.s . w ~ ~ CJ) ex: w 2: z -- ::>P- . '.Q' ':srn:'PLA', , . REVISED 11-07-05 r1...rI 020<10 ~'------"---- .--.....-- ........-..-- --------....-...-- SARNA RESTAURI-i27- . SSV II Architecture Inc SARNA'S INC. 2501 University Avenue N.E. Minneapolis, MN 55418 February 17,2006 ATTACHMENT TO VARIANCE REQUEST Mr. Jeff Sargent City Planner City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421 RE: Variance Request Dear Jeff: This letter is a follow-up to our recent conversations regarding our proposed development of a bar/restaurant on the corner of 40th and Central. As you know, we are proceeding forward with all of our due diligence for the acquisition and development of this property into a first-class bar and restaurant which will benefit the City of Columbia Heights ("City"). We have previously submitted a Site Plan, proposed Plat and other variance requests in connection with this project. Initially we asked and were granted variances for the set-back from the west property line for parking and monument sign. As part of our initial site plan, we laid out our proposed parking for the site. Parking as shown in the site plan included 74 number of parking stalls. We have now gone forward and are close to having the total numbers for both soft cost and hard cost for the construction of the entire project. We have also spent a considerable amount of time investigating what it will take for this restaurant to be successful and have met with various other bar and restaurant owners to discuss product delivery, site plan, etc. One of the items we failed to adequately address and realize is the amount of parking required to ensure our project success. There must be sufficient parking on our site to support all of our proposed users and ensure that any of our potential patrons will not use any "off site" parking. We want to be good neighbors and control the traffic on our site and ensure that our patrons do not impact adjoining residential properties. In reviewing the overall parking ratios, we believe we do not have enough parking stalls to satisfy all of our potential customers. As indicated above, the previous plan approved by the City included 74 parking stalls. The parking ratio currently provided by City Code is 9 feet for the width of each stall, 20 feet for the length of each stall, and a 24 foot drive aisle in the parking lot to ensure adequate traffic flow. Although it is not applicable in this instance, we have surveyed surrounding municipalities to determine what the parking ratios are and have found that the City's current parking ratio for this type of restaurant use exceeds the requirements of surrounding jurisdictions. Attached you will find a list of parking ratio requirements for various municipalities. -128- Jeff Sargent City of Columbia Heights Page 2 February 17,2006 As you know, the site configuration and the existing easements for this Property require that the proposed building to be constructed is located only in the southwest quadrant of the Property, as shown on the site plan. Our building cannot be constructed over any of the existing easements for water, sewer, etc. As you also know, we have limited the size of our building as a result of these easements and as a result of the existing easements and soil conditions. The purpose of this variance is to request the City grant a variance for a change in the code from a 20-foot wide parking stall to an 18-foot wide parking stall. We feel the 18-foot stalls are more than adequate for any automobile, SUV s, etc. As you can see from our proposed site plan, we have left the circulation lanes within the development at 24 feet and the width of all parking stalls at 9 feet. By changing the parking stall length from 20 to 18, we have created an additional 15 parking stalls for the project. Although I understand the rationale of the City under the existing parking code, we believe an 18-foot versus a 20-foot parking area for this type of project is more realistic and reflects what many other jurisdictions are requiring. I would also urge the City to look into the possibility of revising its existing Code as the variance we propose more accurately reflects the true parking ratio requirements for this type of development. If the variance is approved, this project will gain an additional fifteen (15) parking stalls. Without the approved variance for the additional 15 parking stalls, we feel that the project will not adequately park our patrons which will result in off street parking and/or result in the loss of patronage for our business. Therefore, we feel that the variance is a necessity for this Property and without the same we may not be able to go forward with our redevelopment. We understand that in order to secure approval for the revised parking ratios and the revised attached site plan, we must secure a variance. We also understand that as with any variance, the City must provide factual findings to support the same. We have reviewed current ordinances of the City for variances and propose the following recommended findings: (6) Required findings. The City Council shall make each of the following findings before granting a variance from the provisions of this article: (a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this article would cause undue hardship. As you know this particular parcel of property has posed an extreme challenge for redevelopment. There are utilities located on the east side, west side and traverse the entire oronertv thrOlH!h Lookout Drive. Our buildim! location as orono sed and shown on - J,: x .,., - ~ - - - ~ .1. .l. the site plan is the only area within this property where the building can be located as a result of existing utilities. You are also aware we have or will be expending a significant amount of money to relocate existing utilities in order to construct our building as it is presently proposed. Although we could construct our building in the southwest comer of the site and comply with the parking as previously proposed, strict adherence to the parking ratio would result in, we believe, inadequate parking for the overall project. We -129- Jeff Sargent City of Columbia Heights Page 3 February 17,2006 believe the variance, if granted, would create an additional 15 parking stalls and would ensure the success of our development by providing adequate parking for all patrons who will patronize our business and ensure no "off-site" parking. (b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. As stated above, because of potential use as a bar/restaurant and the number of patrons we expect, we believe our request is unique to this specific parcel and generally not applicable to other properties with the same zoning classification. (c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. As of the date of this request, we do not have any legal interest in this property. (d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The comprehensive plan for the City, as amended, provides for the particular use we are seeking. (e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of the property or improvements in the vicinity. We believe the granting of this variance will be beneficial to the public welfare and not be injurious to value of property or other improvements in the vicinity as it will ensure on-site parking only and avoid parking in adjacent residential areas and/or traffic congestion-parking on 40th Avenue N.E. Weare extremely excited about the potential for development of our property and the construction of a bar/restaurant will only enhance the overall image of the City. As you can see from our proposed site plan and project drawings, we will be delivering a first-class development to the City. Thank you for your anticipated cooperation. If you need any further information, please contact me. Sincerely, SARNA'S INC. Ene. 305136_1 -130- CITY DIMENSIONS. 2 STALLS DIFF AISLE COLUMBIA W D AISLE HEIGHTS 9 X 20 X 24 64 ANDOVER 10 X 18 X 24 60 -4 BLMNGTON 10 X 18 X 24 60 -4 BRKL YN CTR 8'8" X 18 X 24 60 -4 BRKL YN PK 9 X 18 X 25 61 -3 CRYSTAL 9 X 18 X 24 60 -4 EDINA 8'6" X 18 X 24 60 -4 MPLS 8'6" X 18 X 22 58 -6 (ONE WAY AISLE 20') N. BRGHTN 9 X 18 X 24 60 -4 RICHFIELD 9X 19X22 60 -4 RBNSDALE 8'6" X 18 X 25 61 -3 ST L PK 8'6" X 18 X 25 61 -3 ST PAUL 9 X 18 X 20 56 -8 MANY CITIES DID NOT RETURN OUR CALLS SUCH AS ST ANTHONY, COON RAPIDS, MOUNDSVIEW, GOLDEN VALLEY, FRIDLEY. -131- COLUMBIA HEIGHTS CITY COUNCIL LETTER eetmg 0: I,.pn , AGENDA SECTION: Items for Consideration ORIGINATING DEP AR TMENT: CITY NO: Community Development MANAGER'S /(.L{ APPROVAL ITEM: Appoint Activity Center Advisory BY: Kirsten Partenheimer,'K~ BY: #4~ Committee Community Development j/J~ Specialist DATE: April 6, 2006 MfA '110 2006 BACKGROUND: At a City Council work session on March 6,2006, Mark Ruff of Ehlers & Associates and Jill Schulz of JMS Communications presented their proposed activity center public participation plan. The Council supported this plan and signed a Communications Consultant Services Agreement with the consultants. A main component of this plan is the formation of an Activity Center Advisory Committee (ACAC), to be made up of residents and other City stakeholders, as appointed by the City Council. The purpose of the Activity Center Advisory Committee is to obtain public input and assist the council in establishing the need for a new facility and reviewing different options for any proposed community facility. The committee is an opportunity to engage stakeholders who are willing to devote time to dialogue and fact-finding, while working alongside consultants with extensive experience in the public participation process for community facilities. The committee will report the outcome of their discussions to the Council at a future meeting. The following individuals have expressed an interest in participating on the committee: # Name Address Affiliation 1 Steve Craig 3868 Tyler St. 2 Denise Gordon 4644 Pierce St. resident 3 John Gordon 4644 Pierce 8t. resident 4 Gary Mayer 2115 Highland Place resident 5 Kay Mayer 2115 Highland Place resident 6 Aurora Johnston 3977 Polk St. NE 7 Marsha Stroik 3938 Polk St. NE 8 Michael Laabs 4614 Johnson St. NE 9 Bob Surbrook 4608 Pierce St. NE resident 10 Jeff Bahe business owner (Bobby and Steve's) 11 Barb Miller 4142 Maureen Drive resident/Library Board 12 Catherine Vesley 5135 Matterhorn Drive NE resident/Library Board 13 Joe Wolney 542 Summit Street NE -132- 14 Kelly James 4609 Fillmore St. NE 15 Kay James 4609 Fillmore St. NE 16 Lara Chandler 4558 6th St NE School Board member (C.H.H.S.) 17 Mike Peterson 1425 Lincoln Terrace NE School Board member (C.H.H.S.) 18 Dorothy Pen ate 4900 Jackson St NE 19 Ted Landwehr 4034 Seventh St NE 20 Matt Schoen C.H.H.S., 1400 49th Ave NE Principal of C.H.H.S. 21 Leland Stauch 1155 Khyber Lane NE resident 22 Kim Trombley 3716 Johnson St School District reQuest, resident 23 Brian Harper 1421 44th Ave. NE School District request, resident 24 Jessie Hart 1401 Lincoln Terrace School District reQuest, resident 25 Annabelle DeJuan Gomez C.H. Public Schools, 1440 49th Ave NE School District request, H.R. 26 Mariah Furness C.H. Public Schools, 1440 49th Ave NE School District reQuest, Cultural Liason 27 Keith Windschitl Rec. Dept. Director 28 Liz Bray Rec. Dept. Coordinator 29 Bob Lynas Crestview Chaplain 30 Shirely Barnes Crestview, 4444 Resevoir Blvd. NE 31 Lynette Thomson 4024 Jefferson St. NE 32 Matt Townsend School District Athletic Director 33 Barb Goodwin resident The first meeting of the Activity Center Advisory Committee is tentatively scheduled for April 26. RECOMMENDATION: Staff recommends the City Council appoint residents interested in participating on the Activity Center Advisory Committee, as identified in the above list. RECOMMENDED MOTION: Move to appoint residents interested in participating on the Activity Center Advisory Committee, as identified in the above list. Attachments: COUNCIL ACTION: -133-