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HomeMy WebLinkAboutJune 12, 2006 Regular CITY OF COLUMBIA HEIGHTS Mavor Gary L. Peterson Councilmemhers Robert A. Williams Bruce Nawrod.i Tammera Ericson Diehm Bmce Kelzenberg Citv Manaf!er Walter R. Fehst 5~~ 40th Aven~e N.E., Columbia Heights, MN 55421-3878 (763) 706-3600TDD (763) 706-3692 VtSIt Our Webslte at: www.ci.culul1lbia-heights.llIII.US ADMINISTRA TlON The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, June 12,2006 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 ORDER/ROLL CALL/INVOCATION Rev. Janice Bomhoft, First Lutheran Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations B) Presentations 1) Humanitarians of the Year - Jerry Finney and Joan Finney (posthumously) 2) Outstanding Recycling Award - Jim Kordiak 3) Traffic Commission - Kenneth Stumpf C) Introduction of New Employees - none D) Recognition - none 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business. ) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Approve City Council Meeting Minutes for May 22. 2006 regular City Council meeting and June 5. 2006 Public Improvement Hearing a) MOTION: Move to approve the minutes of the May 22,2006 regular City Council meeting as presented. p6 b) MOTION: Move to approve the minutes of the June 5, 2006 Public Improvement Hearing. P22 2) Accept Boards and Commissions Meeting Minutes a) MOTION: Accept the minutes of the March 28,2006 Economic Development Authority meeting. P25 b) MOTION: Accept the minutes of the June 6, 2006 Planning and Zoning Commission meeting, P31 LILY LUUnClI f-\genaa June 12,2006 Page 2 of 5 3) Establish Work Session meeting date for Monday, June 19,2006, beginning at 7:00 p.m. in P57 Conference Room 1. MOTION: Move to establish a City Council Work Session for Monday, June 19,2006 beginning at 7:00 p.m. in Conference Room 1. Upcoming Work Session Items: 1. SEH rate study update, 2. University Service Road discussion (roadway and fencing), 3. Professional services agreement with Bolten and Menk for construction inspection services, 4. Single Sort Recycling, 5. Proposal for summer Fire Department inspection hours. 4) Adopt Resolution No. 2006-65, being a Resolution authorizing the Automark in all Precincts. P58 MOTION: Move to waive the reading of Resolution No. 2006-65, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-65, being a Resolution authorizing the Automark in all Precincts. 5) 2005 Comprehensive Annual Financial Report and Independent Auditors Report acknowledgement and scheduling of meeting with the Auditor. P62 MOTION: Move to recognize that the 2005 independent auditors report from HLB Tautges Redpath, Ltd. including the Comprehensive Annual Financial Report for the City of Columbia Heights was distributed to council members and to schedule July 17,2006 at 7:00 p.m. as the date and time to meet with the auditor. The auditor will be given 30 minutes to present the audit findings and recommendations followed by a time period for council questions. 6) Approve the items listed for rental housing license applications for June 12, 2006 p63 MOTION: Move to approve the items listed for rental housing license applications for June 12, 2006. 7) Approve Business License Applications P65 MOTION: Move to approve the items as listed on the business license agenda for June 12, 2006 as presented. 8) Approve Payment of Bills p67 MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 117297 through 117511 in the amount of $591 ,229.11. 6. PUBLIC HEARINGS A) First reading of Ordinance No. 1509 being an Ordinance pertaining to Chapter 2, Section 7 of the City Charter, "Form of Government". P76 MOTION: Move to close the public hearing on Ordinance No. 1509, an ordinance pertaining to Chapter 2, Section 7 of the City Charter, "Form of Government" and waive the first reading of Ordinance No. 1509, there being ample copies available to the public. MOTION: Move to schedule the second reading of Ordinance No. 1509 at approximately 7 p.m. on Monday, June 26,2006 in the City Hall Council Chambers. B) Adopt Resolution No. 2006-70, being a Resolution for Rental Housing License Revocation at 4524 Monroe Street P 11 2 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-70, there being ample copies available to the publi< _ 2 _ City Council Agenda June 12,2006 Page 3 of 5 MOTION: Move to adopt Resolution No. 2006-70, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SAA08(A) of the rental license held by Julie Marsh regarding rental property at 4S24 Monroe Street NE. C) Adopt Resolution No. 2006-71, being a Resolution for Abatement of Nuisance at 2348 4Sth Street Pl15 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-71, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-71, a resolution of the City Council of the City of Columbia Heights declaring the property at 2348 4Sth A venue NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. D) Adopt Resolution No. 2006-72, being a Resolution for Abatement of Nuisance at 4774 Upland Crest Pl18 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-72, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-72, a resolution of the City Council of the City of Columbia Heights declaring the property at 4774 Upland Crest NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. E) Adopt Resolution No. 2006-73, being a Resolution for Abatement of Nuisance at 4112 th Street P121 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-73, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-73, a resolution of the City Council of the City of Columbia Heights declaring the property at 4112 7th Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. F) Adopt Resolution No. 2006-74, being a Resolution for Abatement of Nuisance at 3906 Van Buren Street P 124 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-74, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-74, a resolution of the City Council of the City of Columbia Heights declaring the property at 3906 Van Buren Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. G) Adopt Resolution No. 2006-7S, being a Resolution for Abatement of Nuisance at 491S Sth Street Pl27 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-75, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-7S, a resolution of the City Council of the City of Columbia Heights declaring the property at 491S Sth Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. H) Adopt Resolution No. 2006-76, being a Resolution for Abatement of Nuisance at 4701 University P 130 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-76, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-76, a resolution of the City Council of the City of Columbia Heights declaring the property at 4701 University Avenue NE. a nuisance and approving -3- City Council Agenda June 12, 2006 Page 4 of5 the abatement of violations from the property pursuant to City Code section 8.206. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) Adopt Ordinance No. 1511, being an emergency Ordinance amending Chapter 4, Article II, Section 4.203, City Code pertaining to Weed Removal. P 133 MOTION: Move to waive the reading of emergency Ordinance No. 1511, there being ample copies available to the public. MOTION: Move to adopt Emergency Ordinance No. 1511, being an emergency Ordinance amending Chapter 4, Article II, Section 4.203, City Code pertaining to weed removal. 2) Second reading of Ordinance No. 1500, vacating a portion of Lookout Place P138 MOTION: Move to waive the reading of Ordinance No. 1500, there being an ample amount of copies available to the public. MOTION: Move to adopt Ordinance No. 1500, being an Ordinance vacating a portion of Lookout Place, as legally described in the Ordinance. 3) Approval of Final Plat, Sarna's Addition. P 1 42 MOTION: Move to waive the reading of Resolution 2006-66, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-66, approving the Final Plat for Sarna's Addition, subject to the conditions outlined in Resolution No. 2006-66. 4) Adopt Resolution 2006-67, being a Conditional Use Permit for a T-Mobile telecommunications tower located at 1400 - 49th Avenue NE. P 1 59 MOTION: Move to waive the reading of Resolution 2006-67, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-67, approving a Conditional Use Permit for the installation of a telecommunications tower located at 1400 - 49th Avenue NE, subject to the conditions stated in the Resolution. 5) Avproval of Minor Subdivision with variances located at 4100 Reservoir Blvd. P184 MOTION: Move to waive the reading of Resolution 2006-68, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-68, approving a minor subdivision at 4100 Reservoir Boulevard, subject to the conditions stated in the Resolution. MOTION: Move to waive the reading of Resolution 2006-69, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-69, approving a 598 square foot area variance for Parcel A and a 5-foot rear yard setback variance for the existing house on Parcel A, located at 4100 Reservoir Boulevard, subject to the conditions stated in the Resolution. B) Bid Considerations -none -4- City Council Agenda June 12, 2006 Page 5 of 5 C) Other Business - none 8. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report ofthe 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 J LMlpvm -5- OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MAY 22, 2006 J-- A - \ - l\ THESE MINUTES HAVE NOT BEEN APPROVEDv The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, May 22,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Pastor Dan Thompson, Assembly of God Church, gave the invocation. PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA -none PROCLAMATIONS. PRESENT A TIONS. RECOGNITIONS AND GUESTS A) Proclamations - Safe and Sober Campaign Mayor Peterson read the Safe and Sober - Click It or Ticket Campaign Proclamation. Police Chief Tom Johnson stated his pride in this program, and that it is the difference between life and death to be buckled up. He thanked everyone on behalf of our Police Department. B) Presentations Gary Mayer -Park & Recreation Commission Mayor Peterson extended his appreciation for Gary Mayer's years of service on the Park and Recreation Commission. Mr. Mayer was unable to be present. C) Introduction of New Employees - none D) Recognition Values First Awards - Chief Johnson was present to award the Values First Awards to the Individual, Business, and Organization that emulate the core values of Values First. Chief Johnson asked Councilmember Nawrocki to accept the Organization award on behalf ofVFW Post #230. Johnson listed the various activities and groups supported by this organization. He referred to the VFW's donations and dedication of a Veteran's Memorial at Kordiak Park. Johnson called Pat Jindra forward to accept the Values First Citizen of the Year award. Johnson listed the many contributions to our community by Ms. Jindra. Johnson invited Bruce Nedegaard and Bob Streetar forward. Mr. Streetar, as nominee, presented Mr. Nedegaard with the Values First Business award. Streetar listed his experience with and knowledge of Mr. Nedegaard and Nedegaard Construction. Recipients expressed appreciation for their awards. Mayor Peterson stated that these awards were richly deserved. He thanked the recipients for their service to our community. CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda: -6- City Council Minutes May 22, 2006 Page 2 of 16 1) Approve City Council Meeting Minutes for May 8, 2006 regular City Council meeting Motion to approve the minutes of the May 8, 2006 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes of the January 24,2006 Housing and Redevelopment Authority meeting. b) Motion to accept the minutes of the May 2, 2006 Library Board of Trustees 3) Establish Work Session meeting date for Monday, June 5, 2006, beginning at 7:00 p.m. in the Council Chambers. Motion to establish a Work Session meeting date for Monday, June 5, 2006 beginning at 7:00 p.m. in the Council Chambers. Fehst listed the upcoming Work Session Items: Joint meeting ofCouncil/P&Z/Heritage Heights and Activity Center Communication Plan. 4) Establish a public hearing regarding Ordinance No. 1509, an ordinance pertaining to Chapter 2, "Form of Govemment" Sections 6,7,8, and 9 of the City Charter, approximately 7 p.m. on Monday, June 12,2006, in the City Hall Council Chambers. Removed 5) Adopt Resolution No. 2006-59, being a Resolution to re-establish the Public Improvement Hearing for the zones 7B and lA Street rehabilitation beginning at 6:30 p.m. on June 5, 2006. Motion to waive the reading of Resolution No. 2006-59, there being ample copies available to the public. Motion to Adopt Resolution No. 2006-59, being a Resolution to re-establish the Public Improvement Hearing for the zones 7B and lA Street rehabilitation beginning at 6:30 p.m. on June 5, 2006. Fehst indicated that approval of the bids for this project would come later in this meeting. The price is $115,000 more than anticipated because of fuel and construction costs. Nawrocki questioned the timing of this hearing. Kevin Hansen, Public Work Director, indicated that State Statue requires a ten day notice. This is typical of improvement hearings and can be accomplished in that amount of time. RESOLUTION NO. 2006-59 BEING A RESOLUTION RE-ESTABLISHING PUBLIC IMPROVEMENT HEARING FOR ZONE 7B AND]A STREET REHABILIT A nON CITY PROJECT - NO. 0502 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2006-12, a report has been prepared by the Director of Public Works with reference to the Zone 7B and lA area of the Street Rehabilitation Program, and WHEREAS, Zone 7B is bounded by California Street to University Avenue, from 37th Avenue to 45th Avenue. WHEREAS, Zone ]A is bounded by Central Avenue to Reservoir Blvd., from 37th Avenue to 45th Avenue. WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, M]NNESOT A ] . The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the iml_ 7 _TIent of$] ,839.831.96. City Council Minutes May 22, 2006 Page 3 of 16 2. A public hearin* shall be held on such proposed improvement on the 5th day of June, 2006, in the City Council Chambers at 590 40t Avenue N.E. at 6:30 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. 6) Approve permits for the 2006 Jamboree celebration Motion to authorize staff to close Jefferson Street for the time period from Monday afternoon, June 19, 2006 through Sunday, June 25, 2006. Motion to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 23, 2006 at 6:30 p.m. for the following streets: Central Avenue at 45th A venue to 40th Avenue, west on 40th A venue to 5th Street and 5th Street to Mill Street. Fehst stated this is June 19 to 25th this year. 7) Authorization to enter into a contract with Welsh Companies, LLC to acquire property _ Removed 8) Approve a~reement with Consultant Bruce Miles for a Joint Goal Session with the School Board - Removed 9) Approve the items listed for rental housing license applications for May 22,2006 Motion to approve the items listed for rental housing license applications for May 22, 2006. 10) Approve Business License Applications Motion to approve the items as listed on the business license agenda for May 22, 2006 as presented. 11) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the check register covering Check Number 117097 through 117296 in the amount of$931,306.39. Motion by Williams, second by Kelzenberg, to approve the Consent Agenda, other than items #4, 7, and 8. Nawrocki questioned the status ofUdupi's Cafe. Fehst stated that it is under a different person now. Nawrocki questioned the peddler's license of Karen Taft. Diehm stated that it is in conjunction with the Jamboree on June 24th, and was discussed at our work session. Fehst stated that the exact use could be reported back later. Peterson stated this is a standard peddler's license for items sold during this event. Upon vote: All ayes. Motion carried. 4) Establish a public hearing regarding Ordinance No. 1509, an ordinance pertainin~ to Chapter 2, "Form ofGovemment" Sections 6, 7, 8, and 9 ofthe City Charter, approximately 7 p.m. on Monday, June 12,2006, in the City Hall Council Chambers. Nawrocki questioned what the changes were. Hoeft stated that the Charter Commission has recommended changes that would allow for four wards in the city, add two councilmembers, and stipulate the transition schedule. Nawrocki questioned the estimated cost if this was approved. Fehst stated about $35,000 per year. Nawrocki stated that with the current schedule of elections, every two years residents have the opportunity to remove two-thirds of the councilmembers. If this transition schedule were approved at the second election there would be less than a majority of the council on the ballot. Fehst stated that in 2008 the mayor and four councilmembers would -8- City Council Minutes May 22, 2006 Page 4 of 16 be on the ballot and in 2010 the mayor and the two at large councilmembers would be on the ballot. Nawrocki requested that this proposal and hearing date be placed on cable TV to educate the population. Motion by Diehm, second by Kelzenberg, to set a public hearing regarding Ordinance No. 1509, an ordinance pertaining to Chapter 2, "Form of Government" Sections 6, 7, 8, and 9 of the City Charter, at approximately 7 p.m. on Monday, June 12,2006, in the City Hall Council Chambers. Upon vote: All ayes. Motion carried. 7) Authorization to enter into a contract with Welsh Coml'anies. LLC to acquire property. Nawrocki stated that this project has not been approved and this proposal is to deal with only one company. It was stated at the work session that this would be for consultant information on building a liquor store, but the packet information indicates they would be the contractor and purchaser of property. Fehst stated that this request is only for consultant duties. Nawrocki stated their proposal indicates they believe they will be able to handle the entire process. There should be public discussion whether we should build a new liquor store and we should also look at other compames. Peterson stated his understanding that this is for the acquisition of property. Discussion has been held and reasons for a new store were given. He stated that he would like to move ahead and obtain the property. Diehm stated that we would only pay Welch if we reach an agreement that was voted on as acceptable by the City Council. Nawrocki stated that Krause Anderson is the only contractor that submitted a proposal and that Welch Companies was not able to put something together for the NEI site. We need to look at the follow up fees for each group. Peterson stated this is only for the purchase of the property. Fehst stated it is, but so not to mislead anyone we would anticipate using Welch Companies for the project. Peterson stated that at that time we could select our own construction company. Nawrocki stated there should be public discussion on this. He referred to things not considered such as future replacement of the roof and the impact ofa reduced legal drinking limit. Nawrocki gave the history of the City being in the liquor business. He referred to debt savings bonds being necessary to do this and reserve funds being indicated for possible gym space. We will need to be conservative and have funds necessary for service to our citizens. Diehm agreed these are things necessary to examine and we will discuss them as a Council and with residents. This is just getting more information and the concept may still be voted down. Motion by Diehm, second by Kelzenberg, to authorize the Mayor and City Manager to enter into a contract with Welsh Companies, LLC to acquire property. Williams stated that one of the proposed properties is vacant. A resident asked the location of the proposed property. Peterson indicated 49th and Central. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - I nay. Motion carried. 8) Approve agreement with Consultant Bruce Miles for a Joint Goal Session with the School Board Nawrocki stated that this would be a meeting just to talk; rather we need to discuss cooperation on gym space. He questioned the value of this session. Fehst stated that the School District has worked with this consultant on many occasions. He works swiftly and comes with good references. Sometimes it helps to have a third party keep us on track and help us set goals. Fehst - 9- City Council Minutes May 22, 2006 Page 5 of 16 recommended that staff also attend along with their staff, but indicated that would be the Council's choice. If we go forward to build some type of "center" the schools will want to use them. Nawrocki stated that several School Board members were disappointed we did not work with them on the consultant for gym space or an activity center. Fehst stated that infonnation was sent out and there were three public hearings. The people on the committee are happy with the consultant chosen. It is the obligation of the city to put forth the money as they are behind the process. Nawrocki indicated concern that the School Board is not interested in cooperation for such a facility. Diehm stated this is more than being about a community center and we need to work side by side for the community. Our time and the $1,300 are worth the discussion to bring us together. KeIzenberg stated he agreed with Nawrocki. At the last joint meeting they would not answer his question on parking and now they are cutting funding for our senior coordinator. Peterson stated that with these attitudes we need a facilitator. He stated the need to move forward; these are everyone's children and the money comes from the same pocket. It would be nice to provide a center they would want to use. This fee for a professional mediator is worth it. Williams stated that we have begun a new relationship with the School District and we should build on it. Peterson referred to an article indicating 82 students are leaving our schools. If we can do something to bring them back, we need to do it. He referred to the past when this was considered the best place to go to school and to live. Motion by Kelzenberg, second by Diehm, to approve the Mayor and City Manager to enter into an agreement with Consultant Bruce Miles for the purpose of a joint goal session with School District #13 School Board, with the fee of$2,690 sharedjointIy between both parties. Upon vote: KeIzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. PUBLIC HEARINGS A) Open the Public Hearing to Adopt Resolution No. 2006-60. being a Resolution for Rental Housing License Revocation at 3906 Van Buren Street NE. Fire Chief Gary Gorman stated this property owner failed to submit their license and pay the fee. The building is vacant and is in foreclosure. Nawrocki stated there was a revocation on 2nd Street at the last meeting that did not list that the grass needed cutting and the Manager stated it was not part of this process. Nawrocki stated that the weeds are now even higher at that property. There are also tall weeds at this property. Fehst stated that weeds can be part of the inspection but were not high enough at the time of inspection. Gorman stated that the 2nd Street property was the re-issuance of a license and the time for that process can be up to three weeks. Nawrocki referred to a resident's email about tall grass issues in the city and also pointed out the tall grass at 4410 Central, which he has brought up previously, for follow up. KeIzenberg stated that he called the Fire Department about 4410 Central and they have checked it. Fehst suggested that people talk to their neighbors and tell them that grass needs to be cut once a week. Gorman stated that long grass complaints are forwarded to the Public Works Department. This is not part of housing maintenance and is another part of the City Code, as is junk vehicles. Our licensing is not based on whether the grass gets cut. Nawrocki stated that inspectors should note the address and a letter should be sent noting the problem. -10- City Council Minutes May 22, 2006 Page 6 of 16 Motion by Kelzenberg, second by Williams, to close the Public Hearing and waive the reading of Resolution No. 2006-60, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by KeIzenberg, second by Williams, to adopt Resolution No. 2006-60, Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of the rental license held by Bhawesh Prabhudial regarding rental property at 3906 Van Buren Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2006-60 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Bhawesh Prabhudail (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3906 VanBuren Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 24, 2006 of an public hearing to be held on May 22, 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 1. That on or prior to February 15,2006, inspection office staff sent a letter requesting the owner of the property to re- license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on April 24, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. . That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to re-license the rental license for the property, failure to submit the application and the fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL I. The rental license belonging to the License Holder described herein and identified by license number F6734 is hereby revoked, 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. B) Open the Public Hearing to Adopt Resolution No. 2006-61, being a Resolution for Rental Housing License Revocation at 825 50Y2 Avenue NE Gonnan stated that fees have not been paid and an inspection has not been scheduled. Motion by Williams, second by, Diehm, to close the Public Hearing and waive the reading of Resolution No. 2006-62, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2006-61, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Federal National Mortgage Association regarding rental property at 825 50-112 Avenue NE. Upon vote: All ayes. Motion carried. RESOLUTION 2006-61 Resolution of the City Council for the City ofColurnh;" J.l'eights approving revocation pursuant to City Code, Chapter - 11- City Council Minutes May 22, 2006 Page 7 of 16 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Wadi Ayham/Federal National Mortgage Association (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 825 50-1/2 Avenue NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 4, 2006 of an public hearing to be held on May 22, 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 1. That on or prior to March 15, 2006, inspection office staff sent a letter requesting the owner of the property to re- license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 4, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to re-license the rental license for the property, failure to submit the application and the fees, failure to schedule the RMC inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U825 is hereby revoked, 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3.All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. C) Open the Public Hearing to Adopt Resolution No. 2006-62, being a Resolution approving abatement at 4126 Madison Street NE Gorman stated this resolution is for the abatement of exterior storage. He listed some items on the property . Motion by Diehm, second by Kelzenberg, to close the Public Hearing and waive the reading of Resolution No. 2006-62, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-62, a resolution of the City Council of the City of Columbia Heights declaring the property at 4126 Madison Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-62 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 Anastasia Mwaura (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4126 Madison Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on April 26, 2006. _ 1 2 _ City Council Minutes May 22, 2006 Page 8 of 16 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on February 28,2006, an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on March 22, 2006, an extension was requested and granted. A thirty day extension was given. 3. That on April 26, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. 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 all/any outside storage from the property. Shall store in shed or garage. Items include, BUT NOT LIMITED TO; BRUSH PILE, EXERCISE, CHAIR, ROOF VENTS, WINDOW WELLS, MISC GARBAGE, TIRES IN REAR. 5. 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 4126 Madison Street 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 4126 Madison 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 D) Open the Public Hearing to Adopt Resolution No. 2006-63, being a Resolution approving abatement at 4618 Fillmore Street NE Gorman stated the abatement is for outside storage. Peterson asked how long this takes. Gorman stated the process takes about two weeks. Motion by Diehm, second by Williams, to close the Public Hearing and waive the reading of Resolution No. 2006-63, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2006-63, a resolution of the City Council of the City of Columbia Heights declaring the property at 4618 Fillmore Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-63 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 Patricia Porter (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner ofthe real property located at 4618 Fillmore Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on April 27, 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 1I- 13 -le following: City Council Minutes May 22, 2006 Page 9 of 16 FINDINGS OF FACT 1. That on April 10, 2006, an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on April 27, 2006, inspectors reinspected the property and found that one violation remained uncorrected. A compliance order was sent via certified mail to the owner at the address. 3. That on May 16,2006, inspectors reinspected the property and found that one violation remained uncorrected. A compliance order was sent via certified mail to the owner at the address. 4. 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 alVany outside storage from the property. 5. 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 4618 Fillmore Street 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 4618 Fillmore Street 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 Bid Considerations 1) Adopt Resolution No. 2006-58 being a Resolution accepting bids and awarding contract for Zone 7B and lA Street Rehabilitation Proiect Kevin Hansen, Public Works Director, indicated the areas this would cover. Three bids were received. He stated there is a substantial increase to the original engineer's estimate due to the rising cost of petroleum and transport. Hansen therefore requested to hold a new public hearing with the recommendation to split the additional costs between the City and the residents involved. This bid would also allow driveway and sidewalk rates for residents to take advantage of. It also included storm sewer work in the Tyler area that would have lowered the flood level by four inches. We would need 16 to 18 inches to remove the area from the 100 year flood zone, so that alternate is not being recommended. Construction would not begin until after the public hearing. Nawrocki stated his disagreement to approve this prior to the public hearing. Hansen stated that a public hearing has already been held and the purpose for another hearing is to meet the State Statue that requires a hearing if there is an increase in proposed assessments. If we do not move forward now, it would be difficult to complete the project this summer. Nawrocki questioned the new percentage rates. Hansen stated it would be an additional 10 percent to residents. Nawrocki questioned the percentage split, which Hansen addressed. Nawrocki referred to property tax percentages not being what was perceived. Diehm stated that cost sharing could be reconsidered at the Public Hearing. Jim Hoeft, City Attorney, stated that Council has approved this project, but if Council does not want to move ahead with the improvement they should not approve the contract. If Council approves the contract, assessments could be allocated differently at the hearing. Residents will still have input on that date. -14- City Council Minutes May 22, 2006 Page 10 of 16 Williams stated that if we delay this necessary project we would have hard time finishing it this year. Peterson stated that the engineer's estimate is usually high. He questioned ifthe amount was less than ten percent if we would need to hold another hearing. Hansen stated that any amount above the improvement hearing amount would require a new hearing. Hoeft stated that would only be the case if the Council wished to absorb any overage. Hansen stated that road work in this area has already been delayed one year and residents were in favor of this project. This increase will have an additional impact of$30,000 per year on our State Aid funds. Nawrocki indicated that additional funds used by the City also are funds of the residents. Kelzenberg stated that costs would only increase if we wait longer. Peterson stated that the residents are behind this project. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2006-58, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-58 accepting bids and awarding the 2006 street rehabilitation projects in Zone 7B and lA, including Alternate 1 for residential driveway construction, Project No. 0502 to Midwest Asphalt Corporation of Hopkins, Minnesota in the amount of $1,839,831.96, adding Alternate 1 unit price based driveway work, based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION NO. 2006-58 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ZONE 7B and lA STREET REHABILITATION IMPROVEMENTS, CITY PROJECT No. 0502 TO MIDWEST ASPHALT CORPORATION WHEREAS, pursuant to an advertisement for bids for City Project No. 0502, Street Rehabilitation Improvements, three bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Midwest Asphalt Three Rivers Construction Hardrives Inc. Base Bid $1,839,831.96 $2,102,424.00 $2,153,443.35 Alt. 1 $7,778.00 $6,000.00 $4,048.50 Alt. 2 $190,002.25 $264,230.00 $200,407.30 WHEREAS, it appears that Midwest Asphalt Corporation, 5929 Baker Rd, Suite 420, Minnetonka, MN 55345 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Midwest Asphalt Corporation, in the name of the City of Columbia Heights, for the 2006 Zone 7B and lA Street Rehabilitation Improvements, City Project No. 0502, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project 0502 shall be funded with State Aid Maintenance Funds, General Funds (Infrastructure and Assessments), Sanitary Sewer Construction, Water Construction, and Storm Water Utility Construction Funds. Other Business 1. Approve ordering of improvements to Prestemon Park Athletic Field Lighting Hansen stated he would speak to the improvements and funds and the Recreation Director would speak to the need and actions to date. ~ nl~t] stated that the field and backstopslbenches are in City Council Minutes May 22, 2006 Page II of 16 very good shape. The engineer's estimate for lighting costs would be $82,000 and bringing in a power source would be $3,000. There would be six poles with five to six luminaries on each. They could be controlled remotely by telephone or computer. Keith Windschitl, Recreation Director, stated that the Park and Recreation Commission has considered lighting this area for the last several years and recommended approval at their last meeting. Windschitl stated there is a need for field lighting for youth and adult games; already this season three games ended early because of darkness. The Commission also felt this would sustain our programs during any Huset Park improvements. Windschitl stated resident concerns of improper parking, public urination, and littering. He noted that in a three year police department report the reported activities were not on league ball nights. Lighting would help meet the current and future needs of our programs. Staff recommends moving forward with this project. Nawrocki stated that at the April 26th Park Board meeting the Commission Chair indicated there would be no public discussion as the previous meeting was the public hearing for the lighting. Nawrocki indicated that he took exception to the fact that residents were not allowed to speak, and yet the Chair allowed a resident in favor of the project to speak at the end of the meeting. Nawrocki gave the land acquisition history of our parks and stated the understanding at that time was for neighborhood parks. He stated that games have been starting later this year. He questioned $85,000 of public money for lights that would only be used for an hour or two, two or three nights a week, for three or four months a year. Nawrocki stated that the fund recommended has only $14,000 in it. He stated that in information received, league teams were not local companies. Nawrocki stated he would not support this proposal. Williams stated he has only heard opposition from one person. Peterson indicated that a petition from 33 residents in opposition to the project was received. Peterson stated his appreciation of our park system. Huset was to have all these facilities, but the same people were against that. You can not have it both ways. Peterson opened the discussion to the public. Jim Seas, 2217 39~ Avenue, stated he was unable to attend the public hearing, but sent an email with his concerns. He was told there would not be liquor license this year, parking on 39 Y2 would be addressed, along with public urination. These issues have been problematic. He called the police twice this week. He stated concerns with children trying to cross the street to get to the park. This was designed as a passive park and there is no buffer between his house and the park. He stated this would be a poor decision. If Columbia Heights needs a ballpark, build one, but not try to retro fit it into a residential neighborhood. Harry Klimek, 3959 McKinley Street, stated his family has lived here for 42 years and indicated that his daughter now lives at 3949 McKinley. He referenced the survey, which showed 32 people against the project and one undecided. He stated that Mother Nature should decide when the games end so residents can have peace and quiet. Mike Labs, 4614 Johnson Street, stated he lives next to Keys Park, which also has litter issues, but he is the coach of a league that plays at Prestemon Park. He stated that this is already a ball park and the best we have. Huset ball field is too dangerous because of the lack of fencing and too dark for football in the fall. We are at a disadvantage by not having lights. We can police the area and clean up the problems. For baseball teams, we definitely need more lighted fields. There -16- City Council Minutes May 22, 2006 Page 12 of 16 is also need for a lit football field. He asked if the field were lit would it be possible to use it for football. We are the only community without a lit field to play on in the fall. We are loosing students and coaches. We want to bring more families to our community. Eileen Evans, Chairperson of the Park Commission, stated that the issue of lights is not the issue for the residents. They just want the adult programs disbanded. The need for lights is in the spring and fall, and the current programs would not change but would allow games to be completed. When you talk about 34 signatures on the petition, remember there are only seven houses that are directly impacted. People on the petition were from the senior apartments to the south and would not be affected. Debbie Getty, 3949 McKinley, stated that parking is a problem. There will be accidents and it will be the City Council's fault. Bob Surbrook, 4608 Pierce Street, spoke in support of the lights. He lives by Keys Park and indicated he has balls in his yard from the high school. To address member's concerns and concerned about the children, they have not had a problem and children are taught to watch for vehicles. He stated that our programs need to grow. Now with the success ofthe high school, girl's interest is growing. We need a facility with lights for football. People moving here will look at our facilities before they move in. Paul Bona, 612 40th Avenue NE, stated that he is a coach and referred to people that have left the area because of our lack of facilities. We don't have a community center for basketball. We need a place where people don't have to be afraid to be hit by a ball. He stated that he lives by Huset Park and there is not peace, but it is something you put up with for kids. If the adults are a problem, get tough with them. He stated he would like our kids to say they are proud of being from Columbia Heights. Jerry Foss, 4412 2nd Street, and Park Commission member, stated that we are trying to deal with neighborhood concerns. People have been ticketed for drinking. Weare trying to monitor these activities. A lot of the players live in the city, but sometimes you don't get enough sponsors so they have to go outside the city to find a sponsor. Hangar 45 is in Hilltop but the players are mostly residents. He stated he believes there is a need for lights in this park. He referred to Gauvitte Park and parking issues there, but parks are for everyone in the city and anyone can park on the streets. If they are parking on the side indicated as no parking they should be towed. We have a lot of youth in this city that need fields to play on. We are trying to work with the neighbors and are dealing with their concerns. We agreed we would not allow drinking there this year. He referred to the re-dedication of Gauvitte Park and the placement of a plaque to honor our first Mayor, Mr. Gauvitte. Peterson stated that he had not been informed of this. Joanne Student, 1615 49th Avenue, stated she attended the Park Board meetings and was questioned why she attended when she does not live near the park. She indicated that the parks belong to everyone. Parks in our city do not have sidewalks around them. The parks were well located, but children must be careful. Behavior can be corrected and rules can be enforced. A question not addressed was if the funds are tax dollars. Windschitl stated that funds would come from the donation account, which has $125,000 in it. Student stated that there may have been promises to keep the parks passive, but that was incorrect as the parks belong to everyone and must be shared. There are no safety measures at the field by the high school. Residents deserve to have the laws enforced. Nawrocki stated that a good share ofthose funds have come, over the years, from the Boosters. -17- City Council Minutes May 22, 2006 Page 13 of 16 These funds were intended to help youth that could not afford program participation. We need to consider if helping some will hurt others. He stated this would be an expansion of programs by running programs longer. Kelzenberg questioned if there is a fence and how many fields have fences in the city. Windschitl stated there is a fence here and at two other locations. Kelzenberg indicated this makes them best for adult use. Windschitl stated yes and for 7th grade use. Kelzenberg questioned how many fields are being considered with the Huset Park improvements. Windschitl stated five ball fields and a football/soccer field. Kelzenberg stated that would be a good plan and this would be temporary for adult use until Huset is ready. Kelzenberg asked if this could be retrofitted for lit football use. Windschitl stated it would be possible for younger players. Williams asked if the comment that there would be program changes was wrong. Windschitl stated that games would be played longer into the evening. Williams referred to the accusation of accidents in this area, but indicated that there would be more of a chance of accidents with no lights. Lights would make it safer and deter crime. Windschitl stated that our residential parks do have limited parking and that residents that get parked in should call 911. He stated that team managers were encouraged to have everyone park in the appropriate areas. Diehm agreed with Student's opinion on behavior and referred to a resident's comment that there was a long police response time. She indicated she was glad to hear there was a quick response and action this week showing we are serious about enforcement, whether there is lighting or not. Diehm referred to a conversation heard at a Fridley soccer game, saying they were glad their kids are older now and can now play in Fridley and don't have to play in Columbia Heights any longer. She stated that this made her feel sad. Peterson indicated this is not a problem, but an opportunity. He stated that he hears about our small town atmosphere, and with a lighted field people will gather to use our parks and enjoy them. He stated that he met many lifelong friends through his children's involvement in sports and school. This brings up the opportunity for Huset Park to be the flagship facility of our city. He stated his excitement to see all the young children at bus stops that are part of our community and will share in all of our programs. We need to compete and need to take pride in our community. Motion by Kelzenberg, second by Diehm, to order the improvements for the addition of athletic field lighting at Prestemon Park, with funding coming out of the Recreation Fund 881. Nawrocki stated that no one is arguing about youth programs, but questioned our obligation to expand adult programs. Only one out of 18 participants from one team had a local address. Nawrocki stated he did not feel justified to spend this much for limited use. Peterson stated that we could possibly have soccer and football on these fields. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager . There is an EDA meeting tomorrow night. Nawrocki -18- City Council Minutes May 22, 2006 Page 14 of 16 . The garden center on Central, did the owner agree to have them on site? The signage is poor. . Last meeting questioned extra architectural fees and was to get more information. Hansen stated he is working on it. . Regarding the break-in at the Public Works building - $1,000 repair bill. Go after the contractor. F ehst stated that the League of MN Cities would do the follow up. . Who is paying for the landscaping at the Library? . Was told by the City Manager that the League ofMN Cities is working on the mandate reform information. Where is our local list? . When will the alley and street potholes be filled? Hansen stated that we are doing them now. . A house on Tyler has the street cut up for utility work and filled with gravel, with poor barricading. . During the rains two weeks ago on the east side of Tyler there was a washout that plugged up the manhole, and nothing has been done. . Re-inspect the vehicle situation at 51 st and University. . Suggested we explore how we can tie in to the American Youth Program. Windschitl stated it has been looked at a little, and is being handled by a volunteer through the Police Department. Asked to receive the name of that person. . Questioned Labelle pond shut down. Hansen described the problems with the electric, the pump, and a leak under the primary pond area. Peterson stated that he met with the Manager and Hansen at the site and that repairs come with a cost. . Inspect 4338 2nd Street for tall weeds. . Renovation on Central Avenue of a restaurant: Questioned placement of a monument sign. Found they don't have a permit. This would cause a travel impediment on a comer lot. . Weare entitled to know when the Manager is out of town for three days. Comes in to city hall occasionally and found the Manager gone. We should be told ahead of time. Getting notice after the fact is not helpful. Fehst stated he believed he had mentioned it prior to that and apologized if he had not. Report of the City Attorney - none CITIZENS FORUM Joanne Student stated she had the privilege to hear Representative Barb Goodwin's departing speech. She will be a tough act to follow. Student praised Goodwin's many successes. People that worked with Goodwin hold her in high regard. She will be missed. Fehst stated he has never worked with anyone that worked as hard as she did on the eminent domain issue. Student stated her opinion that Goodwin will continue to be active. Peterson stated that Goodwin earned his respect during the eminent domain debate. Kelzenberg stated he also watched it. She spoke eloquently and passionately. -19- City Council Minutes May 22, 2006 Page 15 of 1 6 Paul Bona questioned University Avenue grass maintenance. Fehst stated this is the State's responsibility. Fehst referred to a call indicating that the State may not be able to cut this area in the future. Basically, we will have to do it ourselves. Bona stated it is a matter of pride. Fehst stated it is time, effort and money issue. Fehst stated that the City of Fridley does not cut what they own on the 45th A venue frontage road. Bona stated that it is an eyesore. COUNCIL CORNER Kelzenberg . Read from the Green Sheet about the Fire Department's response to Crestview. Peterson stated that Shirley Barnes expressed her appreciation for the Fire Department's response. Williams . Appreciated the discussion on the Prestemon lighting to help him make up his mind. . Prayer for the health of our citizens and the safety of our youth. . Received notice from Mark Hindrichs on the tall grass at 3ih and Polk. Peterson stated it was mowed today. We should get a little tougher on this issue. Fehst stated that every city has the problem. He suggested posting a notice on the door allowing them 96 hours before a contractor cuts it. Payingfor the contractor be an incentive. Fehst stated that they now have ten days, which turns in to 16 days with mailings and a return visit. A letter should be sent in conjunction with a door tag. . Hopes that everyone has a great Memorial Day - and remember what it is about. He had dinner with Oliver North, and he is a great speaker. Remember those that died for our freedom. This is a special day, a serious holiday. Remember those gone and those still fighting for us. Diehm . Privileged to attend the Values First presentation of the Everyday Hero essay awards. They were very movmg. . Value ofthe month are Responsibility and we are to keep in mind accountability. . Before we met again school will be out - watch for children playing and enjoying the weather. Nawrocki . VFW Post #230 Memorial Day Service will be held at the City Hall flag on Monday, May 29th at 11 :30 a.m. . There will also be a service in Coon Rapids on Saturday, May 2ih followed by an 11 :30 at Bunker Prairie Park. . The Labelle monument is for a resident who gave his life on Iwo lima and was awarded the Congressional Metal of Honor. The monument was in tough shape. He mentioned it to Gil Mros. Mros also worked on the Veteran's Memorial. Mros and his wife spent four days scrubbing the monument and then used a special coating to cover it. It is awesome. He also suggested they look at the Sherohman plaque also. . Requested a list of open consultant and engineer contracts; when they were approved and what the caps are. . The next budget is beginning - wants to see the audit soon and see a better job of getting the information. We will have to do a tighter job on the budget than we have been doing. . Attended the AMM meeting. Encouraged people to sign up for a committee. He signed up for the revenue committee. He has information to share. . Attended the NIMS National incident management program training. . Tomorrow night the EDA will discuss the Sarna project and the 40th and Central property. We keep giving Saran more and more aid. . Talking to only one vendor for the Mady's site is ludicrous. You can view a sample of Sherman -20- City Council Minutes May 22, 2006 Page 16 of 16 developments at 18th and University. Look to see if that is really what you want for Columbia Heights. . Noted Mr. Williams' birthday was yesterday. Fehst indicated that the Sarna's have spent a lot of time to see this project through. The property had more difficulty than anticipated. This could have been a TIF site with no taxes received, but is not. Fehst referred to the League of Minnesota infonnation on commercial property tax payments. Commercial property only received a nine percent increase for all taxes. The City's portion ofthese taxes decreased about seven percent. Nawrocki stated residential numbers should also be given. Peterson . Money regulates everything. We used to have an assistant weed inspector. If Council feels it is worth the money, we can have someone doing weed inspections every day. He would be willing to do so. Nawrocki stated that it would not be necessary if the weed inspector did his job. Peterson stated that he is the weed inspector and that the assistant inspector is under him. . Clock tower - thanked those that contributed. We sold 341 bricks to be engraved. Fehst helped lay the block and on two Saturdays helped sandblast brick. Also, some city employees volunteered their time after work. Patty Muscovitz goes above and beyond the call with her efforts. It is moving along pretty well and the brick will be picked up soon. The clock dedication will be Friday, June 23 at 1 :00 p.m. Come listen to the music and the chimes. . Enjoy life and smile more -life is too short. Don't go out looking for trouble. . Don't take ourselves to seriously and do a random act of kindness. ADJOURNMENT May Peterson adjourned the meeting at 10: 47 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -21- OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL PUBLIC IMPROVEMENT HEARING JUNE 5, 2006 S-j-\ -1- b THESE MINUTES HAVE NOT BEEN APPROVED. The following are the minutes of the City Council Public Improvement Hearing meeting of the held at 6:30 p.m. on Monday, June 5, 2006 in the City Council Chamber, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALLI PLEDGE OF ALLIEGENCE Council President Nawrocki called the meeting to order at 6:35 p.m. prior to the Mayor entering the room. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PUBLIC IMPROVEMENT HEARING: 2006 STREET REHABILITATION PROGRAM FOR ZONE 7B and lA A) Street Rehabilitation Proiects 1) Presentation of Information on Street Rehabilitation Projects by Staff Kevin Hanson, Public Works Director, indicated that this is the second improvement hearing for this project. Due to the increased energy costs, bids were $215,000 more than anticipated in the original proposal. We can not exceed the amount of the proposed assessment without another hearing. Staff recommends the City pay an additional $115,000 and an additional $100,000 be distributed between all the properties. This meeting is a step prior to the contractor beginning work. Nawrocki asked for a description ofthe areas included in the project. Hansen listed the boundaries of Zone 7A and Zone 1A. Nawrocki asked if Main Street would be included. Hansen stated no. Areas not included are to be seal coated or completed next year. Hansen listed streets that would be in Zone 7B. Nawrocki questioned how the bids were advertised. Hansen stated that they were locally advertised and placed in the Construction Bulletin for three consecutive Fridays. Nawrocki stated that the bids were 13.5% over the estimate and we propose a 10% increase to residents and the City; how can that be. Hansen clarified this was the difference in the bids. The original engineer's estimate was just over $1,600,000. The low bid was $1,839,000. The original assessment was $755,000 and it is now $865,000 plus water main service. The estimate for water main charges for residents is $40,000. Nawrocki listed areas that funds would come from and asked ifthat will change. Hansen stated that the increase would be absorbed come over three years from the infrastructure fund. This year we will bond for it and pay it back with State Aid funds. Nawrocki received clarification on the names for each fund number. Williams questioned the percentage split on the original assessment. Hansen stated that the percentages have not changed. It is 50/50 on full street rehabilitation, partial reconstruction is 70/30 and 85/15 on seal coating. The split will be the same. 2) Questions and Comments on Street Rehabilitation Projects La V onne Widstrom, 4040 Maureen Drive, asked why all the units of their Association are assessed. Their Association owns an empty lot, but Maureen Drive is a private street. Hansen stated that that property is split between all the units. Hansen explained how the amount is figured. She questioned if the Association would pay the same if it was assessed rather than each unit. Hansen stated yes, and they are being assessed for two lots. W oodstrom did not agree with the assessment and felt they were being treated improperly. She stated that it is not right that this two block area pay for an area they do not use. Their private road needs imprC'~22~'1ts and they will get no help from the City. City Council Minutes June 5, 2006 Page 2 of 3 Nawrocki explained the street and avenue charges. Hansen explained future work in the area. Glenn Stauffer, owner of the business at 3929 California Street, stated he put in the cul-de-sac by his building at a cost of$25,000 and asked for a reduction in his assessment in consideration of this. Hansen stated that at the last hearing it was decided to review this assessment to see if a credit would be appropriate. Stouffer indicated that if there was street reconstruction at 3825 3rd Street, he would request driveway curbs be considered. Hansen stated that area would only be mill and overlay. Lamont Miska, from the comer of 40th Avenue and 2nd Street, stated that in March his assessment was estimated at $3,000 and now it is $4,700. The letter indicated the water service would be replaced. Hansen stated that water service replacement estimated by the age of the home. Anything put in place prior to 1950 is a potential water service replacement. A determination can not be made until the street is excavated. Normally, about 1/3 of the homes need to replace their water service. Miska requested a speed bump be placed on 2nd Street and Edgemoor, as people drive 50 to 60 miles an hour down the street. He stated concern for the safety of children. Hansen stated that City policy requires a petition request signed by 75 percent of the area and any costs would be assessed to the property owners. Fehst indicated he would relay this information to the Police Chief. Hansen stated that this is not something we would look at under this project, as the request would have to go to the Traffic Commission. Nawrocki stated the problems with speed bumps, such as loosing control. He requested this gentleman be given a cost estimate and assessment estimate. Nawrocki indicated it would make sense to place this during reconstruction. Kelzenberg stated that a similar situation was discussed at the Traffic Commission meeting tonight. It requires a 75% request petition and payment by the residents. Speed bumps are now removable, so it would be the responsibility of the petitioner to put in and remove the speed bump each year. Steve Lamont, 3905 California, business owner, stated shock that his assessment is now up to $22,000, which would be 3% ofthe total assessments. He asked for a reduction with the consideration that their parking lot is used like a street. Their area was damaged during the building of the other business on California Street. Hansen stated this could be review and was not an unreasonable request. Eva Pelton, 3728 2nd Street, questioned the difference between full street reconstruction and partial reconstruction. Hansen stated that in partial reconstruction the curb is not replaced. She asked if all homes would have water replacement. Hansen showed the area on a map with a potential for water replacement. Virgil Eckstrom, 3819 2nd Street, asked how much work would be done. Hansen stated that the street and water mains would be replaced and individual water services would be determined during reconstruction. Nawrocki stated that this resident's street would be a partial reconstruction. Harold Hoium, 4200 3rd Street, referred to deterioration of the area off of University by the pedestrian bridge. Hansen stated the area would be reviewed. B) Close the Public Hearing Motion by Williams, second by Diehm, to close the Public Hearing on the 2006 Street Rehabilitation Project # 0502. Upon vote: All ayes. Motion carried. C) Consideration of Resolution 1) Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2006-64, there being ample copies available to the public. Upon vote: All ayes. Motion carried. -23- City Council Minutes June 5, 2006 Page 3 of 3 Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-64, being a resolution ordering improvements for Zone 7B and IA Street Rehabilitation. Upon vote: All ayes. Motion carried. Nawrocki questioned if the University Avenue service road from 40th to 53rd would be part of this project. Hansen stated no; that area would probably be sea1coated in August. Hansen stated there would be a public informational hearing on the project on Wednesday night in the Council Chambers. RESOLUTION NO. 2006-64 BEING A RESOLUTION FOR A NEW PUBLIC IMPROVEMENT HEARING FOR ZONE 7B AND IA STREET REHABILITATION CITY PROJECT - NO. 0502 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2006-12, a report has been prepared by the Director of Public Works with reference to the Zone 7B and IA area of the Street Rehabilitation Program, and WHEREAS, State Statute 429.031 requires a new public hearing when increasing assessment amounts WHEREAS, Zone 7B is bounded by California Street to University Avenue, from 37th Avenue to 45th Avenue. WHEREAS, Zone IA is bounded by Central Avenue to Reservoir Blvd., from 37th Avenue to 45lh Avenue. WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA I. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1 ,839.831.96. 2. A public hearing shall be held on such proposed improvement on the 5th day of June, 2006, in the City Council Chambers at 590 40 Avenue N.E. at 6:30 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. ADJOURNMENT Mayor Peterson adjourned the meeting at 7:20 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -24- ~--A-2-q ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES MARCH 28, 2006 CALL TO ORDER/ROLL CALL President, Murzyn, JI. called the meeting to order at 7:08 p.m. Present: Don Murzyn Jr., Patricia Jindra, Bobby Williams and Bruce Nawrocki, Tammera Diehm, Gary L. Peterson and Bruce Kelzenberg PLEDGE OF ALLEGIANCE CONSENT AGENDA Approval of Minutes of January 24.2006 Financial Report and Payment of Bills Move to approve Resolution 2006-02, Resolution of the Columbia Heights Economic Development Authority (EDA) approving the financial statements for January and February 2006 and approving payment of bills for January and February 2006. Nawrocki stated he was told the Sarna's had one of the principals of Barna, Guzy workingfor them, and that they wouldn't be working for the EDA, that Kennedy and Graven would be, it looks like a conflict of interest. Streetar stated Kennedy & Graven is doing the Development Agreement and Barna, Guzy is representing Sarna's. Nawrocki stated under Revenue there is approximately $57,000 listed, what is this from. Streetar stated it was for the Industrial Park permits. Motion by Diehm, second by Jindra, to adopt the consent agenda items as listed. All Ayes. Motion Carried. ITEMS FOR CONSIDERATION Preliminary Development A2'reement with Pratt Ordway Properties Streetar stated the Preliminary Development Agreement with Pratt Ordway Properties is for the redevelopment of the Apache Theatre parcel. Pratt Ordway Properties has partnered with Comforts of Home Inc. The property closed in September of 2003, the owner of the property, Mr. Berringer entered into an option agreement with Mr. Len Pratt of Pratt Ordway properties in August of 2004. Pratt is the developer of Silver Lake Village in St. Anthony. Pratt Ordway Properties, the developer, and Comforts of Home, the builder, have prepared a redevelopment concept plan, which would include between 45 and 65 assisted living units, with 15 units serving memory care residents and the second with 45 and 65 independent senior units, where residents may purchase assisted living services on an al a carte basis. The Preliminary Development Agreement, if approved, would address any financial assistance that may be necessary, would run from today through November and that the developer would provide a $5,000 deposit. Mr. Berringer stated he acquired the property that his father purchased back in late 40 's, it was originally plotted as 10 properties, built a theatre in February 1969, in 1970 they sold the land -25- Economic Development Authority Meeting Minutes March 28, 2006 Page 2 of6 adjoining, which was a Penny's Supermarket, they ran the theatre until 1977 when they sold it to England Theatre's, then Mann Theatre's, who ran it until 2003. Tom Letness and his partner Dave felt they could make the theatre work, so they signed afive-year lease in June of 2002, which lasted until September of 2003. Herringer put up a purchase sign in December of 2003, received 66 inquiries, with 26 fi'om churches or schools, which would be non-taxable, took down the sale sign, then Len Pratt discussed purchasing the property and they agreed to sign an option deal, which was on a month-to-month basis and was extended twice, and will end in August. Brian Winges stated he is the owner of Comforts of Home, and introduced President, Beth Doce, his Partner, Wendy Fritz, Matt Frisbie of Frisbie Architects, Inc., and representing Pratt Ordway, Darrell Gammer. He then played an 8-minute movie on the Comforts of Home facilities. Winges stated his company is community based, stafffocuses on getting to know residents, which allows them to care for residents longer, keeping seniors out of nursing homes for a much longer period of time, they try to keep the resident occupancy to a minimum, stated most assisted living units won't do County contracts, where they try to workfrom the beginning with the County to provide the best quality care and a more affordable cost to more moderate-income residents. Nawrocki asked if they were just talking about just the theatre property or the shopping center also. Streetar stated they are only interested in the theatre property, the map in the packet identifies other possibilities for the shopping center that another developer is interested in and has had discussions with Mr. Herringer about. Nawrocki asked Streetar about his previous statement that financial assistance may be necessary and wanted to know how much. Streetar stated until the Preliminary Development Agreement is entered into, we won't know what, if any, financing would be needed Peterson stated we should keep in mind that eventually the board would be asked to sign a development agreement, which would layout the costs associated with this project and we would have the option to vote for or against it. Matt Frisbie, Frisbie Architects, Inc. explained the two concepts: 1) concept A-I shows Hart Blvd coming through with access, the building would have porches, the two buildings would face each other, would need some water retention areas; and 2) concept A-2 would close off Hart Blvd entrance from 3ih for some parking, bike paths, possibly line up the streets with 3ih Place to tie into the local access road Nawrocki said he had some concerns with Stinson being closed off. Murzyn Jr. stated that is a traffic problem area and maybe it would be a good idea to close it off. Fehst stated the City does have a lot of speeding problems on 3 ih Avenue. Peterson stated if we could solve the traffic problem that would be wonderful, has always felt Hart Lake was under utilized, would like to see a little park with benches and trees there, it could be an esthetic coming into the City. Diehm asked if all of the buildings Comforts of Home owns are for seniors or assisted living -26- Economic Development Authority Meeting Minutes March 28, 2006 Page 3 of6 units for seniors and what amount would the senior apartments be listed at. Winges stated they would be market rate senior units, unless the resident requested extra services and that all their buildings are for seniors. Wendy Fritz asked Nawrocki what his thoughts were about this idea. Nawrocki stated in looking at the units, he felt they wouldn't be cheap, but with this kind of unit, they would be the only ones around the area. Jindra stated she goes to a cardiac treatment center and there are a lot of people looking for this type of housing, but are having a hard time finding it. Motion by Peterson, second by Diehm, to Approve the Preliminary Development Agreement between the Columbia Heights Economic Development Authority and Pratt Ordway Properties. All ayes. Motion Carried. Next Steps in the Redevelopment of 39th and Central Streetar stated Mark Moser, one of the owners of the Columbia Heights Rental and Mr. Doug Foss, one of the owners of the Mady's-Foss Bowling Center, was present. Since 2002, this site was identified by the board as a redevelopment site, staff has completed building inspections, phase one environmental site assessments, started phase two environmental site assessments, which would be complete in August, completed real estate andfixture appraisals, relocation estimates, acquired and demolished the Burger King, toured six other infill redevelopment sites in the area, and with the help of DSU and Sherman & Associates, prepared 4 redevelopment concepts. We are at a point where we need to bring a private developer into the mix. There are two ways to go about this: 1) continue to negotiate with both parties to acquire their property; or 2) partner with a developer to find out what is market feasible for the property. We would like to recommend working with George Sherman of Sherman & Associates as a development partner. They have significant and successful experience in both residential and commercial urban infill redevelopment and have indicated a sincere desire informing a partnership with the EDA to redevelop this area. Streetar stated ifhe could speakfor Mark and Doug, particularly Mark, they have been waiting since 2002, wondering what and if anything is going to happen with the redevelopment. In talking with Mark and his business partner, if something could be worked out, their preference would be to remain at there site until February 2008 and work on some kind of feasible agreement with the City. Mark Aloser, Columbia Heights Rental stated he obviously would like to stay on that corner permanently, but does realize the City wants to clean up areas along Central Avenue. Therefore, they want to stay in the community, and would need a good year to facilitate that kind of process. What Streetar said is true, we have been hearing since 2002 about a plan coming and nothing . has happened, we just want a decision to be made, they could be out as early as February of 2008, would like to stay on that corner until that time, would incur three times the expenses over what he is paying at his current location, they would like to move, build a new building, but . would like to see the City work with them on changing the current design guidelines to reflect the -27- Economic Development Authority Meeting Minutes March 28, 2006 Page 4 of6 fact that the new building would not be directly on Central Avenue, but behind it and then it would make it more affordable for them to build on the site. Streetar stated their current property is considered non-coriforming, as it is a storage facility, with a conditional use permit for up to 12 vehicles to be stored on the site. Mr. Moser realizes that he could stay on the site forever but could never expand. Murzyn Jr. asked if we bring Sherman in, can they do an analysis, some general numbers on what kind of costs they might need out ofTIF. Streetar stated yes, the cost to clean up the contamination on the site would be determined. One of the methods of removal is capping, which is where they go down 5 or 6 feet, add a layer of clay and back fill with clean soil for contamination. For the poor soil correction, we could use grant money as we didfor the Industrial Park. Nawrocki stated 1) he felt it was difficult for him to believe that complying to the Design Guidelines would double or triple Moser's costs; 2) in talking about down grading the Design Guidelines for his new building, would hope they would consider the residents in that area; and 3) felt the City hasn't been taking care of the sign problems along Central Avenue and should be focused on now. Peterson stated he and Fehst were at a meeting in Little Canada, where the representative from Roseville stated they tried a first floor commercial with residential above it and it was a flop, so we certainly don't want to go that route. Murzyn Jr. stated he thought this was a high priority of the City Council and asked if there were any other developers interested in the site. Streetar stated there hasn't been anyone. Murzyn Jr. asked about the developer that wanted to redo the old Bridgeman's restaurant, what happened to him. Schumacher stated they couldn't get things together. Peterson stated we made a decision to move forward, he didn't know how we could stop it, recommended going forth with this project and with Sherman. Williams agreed. Diehm stated they discussed this to go forth in January, and would like to see if there is a plan that would work for the site. Murzyn Jr. directed staff to work with Sherman & Associates and come back to the board with some numbers and ideas for the site. Streetar stated he would contact Sherman and Associates, for presentation at the April 25th meeting. Nawrocki stated he felt the board should talk to another developer also. Peterson stated we can work with Sherman & Associates and ifwe aren't comfortable with them, we can always lookfor someone else. ADMINISTRATIVE REPORTS CDBG Partenheimer stated she attending the CDBG Grant junding meeting at Anoka County today and -28- Economic Development Authority Meeting Minutes March 28, 2006 Page 5 of6 was pretty positive the City will be receiving its requested grants. The final word should come soon. Heritage Heights Partenheimer stated another meeting of the group was held on March 8th at 7p.m. in the Grand Central Lofts party room. The committee members heard a detailed market analysis presentation, which included a summary of current City and neighborhood conditions, reviewed a summary of their input compiled at the first meeting, listened to DSU staff presentation of the 13 preliminary goals and strategies for the redevelopment and renewal of the neighborhood and was able to reword or add goals to the list, reviewed five land use maps, and during and after the presentation was able to share their comments on what they liked or disliked about each plan and offered suggestions. The committee will be presenting the next step in a joint meeting with the City Council at a work session in the near future. Partenheimer stated her and Cher have been working with the 1 T Department and was happy to say that all of the information is available on the City website. Nawrocki asked why the board hasn't received any of the documents she was talking about. Partenheimer stated all the documents are on the City website for review and agreed to print out the documents for him. Industrial Park Nawrocki asked about the quench tanks. Schumacher stated the quench tanks were on the foundry site, which was used for cooling the steel, was a hydraulic fluid/oil that was a significant leak, the MPCA said we needed to go down 20 feet and remove all of the oil, it was an L shaped tank with a pipe on it, Ryland is going to go down an additional 10 feet on a voluntary clean up, which means they would be paying for this because they want to meet higher standards for single family homes, even though they could fill it with 10 feet of clay and balance with sand and still meet MPCA standards. Nawrocki asked ifhe was talking about the Electric Steel property. Schumacher stated he was. Schumacher stated with the linseed oil found on the site wasn't regulated by the MPCA, as it isn't a contaminated substance. Kmart Update Nawrocki asked what is happening with the Kmart site. Streetar stated Mr. Nedegaard made it public that he will be bringing documentation before the board this spring for an Axel's Restaurant on the old Arby 's site. Diehm stated she knows someone that is very involved in redevelopment projects, who asked about the project, stated that another, very prominent developer in the Twin Cities who does condos went out on a tour of new condo projects and called him up to see what was up the project, as he felt it has to be the best value in the Twin Cities, the quality of the product is there, it was a step above the others, he felt that he realizes it is because of the property conditions across the street that sales are slow, and that if the City is really serious about cleaning that area up, it would be some of the best investment anyone could make. Diehm stated this comes from someone that really knows about real estate investment and should encourage the City to go forward -29- Economic Development Authority Meeting Minutes March 28, 2006 Page 60[6 Other Business Williams asked about the Liquor Store at the LaCaberna site on Central, is there anything happening. Fehst stated the City is looking at putting the new liquor store on the three properties, have currently interviewed Kraus Anderson and Welsh for possible project managers, had appraisals done on some of the properties, would be bringing something to the City Council sometime soon, anticipating using approximately a million dollars of our fund balance and still make the $3-500,000 a year on the liquor fund. Murzyn Jr. stated he wanted to talk to the board about the market value of property going down, they aren't going down anywhere else, it is a scary thing, realized there are a lot of market factors involved in this figure, but it isn't good, every day he lives in his house, he is loosing money, we need to do the little things in the City to keep this from happening, and encouraged the board to keep moving forward with redevelopment. Herringer stated the value when down and taxes when up. Streetar stated for an example, at his house in Minneapolis, compared to the same house in Columbia Heights, his taxes are $600 higher, with the effective tax rate of 1.32 and in Columbia Heights it averages .989. Fehst stated the Senate voted on the Eminent Domain bill, which wouldn't allow the City to obtain the property necessary for redevelopment in our City. Streetar stated he has testified four times and our Building Official, Larry Pepin has testified once. The current definitionfor blight under Eminent Domain is un-inhabitable, which is too vague. To do something in Heritage Heights, the only thing we could do if the bill passes, would be to put up a public building. ADJOURNMENT Motion by Williams, second by Nawrocki, to adjourn the meeting at 9:01 p.m. All ayes. Motion Carried. Respectfully submitted, {!/-/ ~ Cheryl Bakken Community Development Secretary H:\EDAminutes2006\3-28-2006 -30- l'- '+ ,\ 0 (\ P pr-o \)(\1 I lJf-b 5-A-:L-b PLANNING AND ZONING COMMISSION MINUTES OF THE MEETING June 6, 2006 7:00 PM The meeting was called to order at 7:00 pm by Vice-Chairperson Schmitt. Roll Call: Commission Members present-Thompson, Fiorendino, Schmitt, and Peterson. Commission Members absent- Szurek Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Thompson, seconded by Fiorendino, to approve the minutes from the meeting of May 2, 2006. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2005-1102 James Sarna, Sarna Inc. 3955 University Ave Final Plat, Sarna's Addition Mr. James Sarna is proposing to construct a new 7,440 square foot restaurant on the southeast comer of University Avenue and 40th Avenue. This project will incorporate the combination of five (5) different properties, as well as the vacation of a portion of Lookout Place. On October 24, 2005, the City Council approved the Preliminary Plat for this development, as well as the first reading for the vacation of a portion of Lookout Place. City Council also approved three (3) variances in association with the 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. On April 10, 2006, the City Council approved a fourth variance, being a 2-foot parking stall length variance to accommodate more on-site customer parking. At this time, Mr. Sarna is requesting the Final Plat approval for Sarna's Restaurant. CONSISTENCY WITH THE COMPREHENSIVE PLAN The area in which the restaurant will be located is guided 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. -31- PLANNING & ZONING COMMISSION MINUTES MEETING OF JUNE 6, 2006 PAGE 2 ZONING The property is also located in the GB, General Business District, and is adjacent to University Avenue. Being that the project is on the fringe of the 40th Avenue Design Corridor, is adjacent to University Avenue, and is also a focal entry point into the City's downtown business district, enforcement of the design guidelines will be subjective to the overall design objectives that the City would like to see enforced. Immediately to the south of the development is ME Global, located on a parcel zoned I, Industrial. The parcels to the north, east and west are zoned GB, General Business, with the exception of some residentially zoned parcels bordering the southeastern portion of the property. These residences are zoned R-3, Multiple Family Residential. ANALYSIS Ponding The applicants are not proposing any type of on-site ponding. The development will rely on two catch basins at the south end of the site to control rainwater runoff and carry it to the City's storm sewer lines located within the Lookout Place right-of-way and adjacent alleyway. The sanitary sewer line will be resized to accommodate a 1 O-year event, with little interference or ponding in the parking lot. During a 100-year event, however, there will be some significant ponding on the south portion of the parking lot (up to 6 inches) until the rain subsides and is carried on through the catch basins to the sanitary sewer lines. The City Engineer has reviewed the grading plan for the site and has determined that it meets the City's standards. Landscaping The submitted landscape plan meets the City requirements for the necessary landscaping in a new development. At the time of the Preliminary Plat approval, the applicants requested the use of a 6- foot tall arborvitae hedgerow screening the southeastern portion of the parking lot from the residential property to the east. The current landscape plan indicates that there will be a 6-foot tall wooden privacy fence used for the screening mechanism. A 6-foot tall fence meets the City's requirements for screening a commercial use from abutting residential uses. Parking The proposed restaurant will be 7,440 square feet in area, and will accommodate 184 indoor seats. During warmer months, the outside seating area will be opened, adding 45 seats. In total, the restaurant would be able to accommodate 229 dining patrons, requiring 69 parking stalls per City Code. The site plan indicates that there will be 89 parking stalls on site, exceeding the City Code requirement. A parking stall length variance has been approved, decreasing the length of all parking stalls on site from 20 feet to 18 feet. This variance enabled the restaurant to accommodate more parking stalls on site, decreasing the number of patron parking in the adjacent residential area. -32- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 3 FINDINGS OF FACT Final Plat Section 9.104 (L) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a final plat: 1. The final plat substantially conforms to the approved preliminary plat. The Final Plat application conforms to the approved Preliminary Plat with a couple exceptions. They are as follows: A. The Preliminary Plat did not include a 25' x 50' portion of the northwest corner of the Final Plat application. Originally, the City was under the impression that MnDOT controlled and owned the property. After a title search, it was determined that the City owned that piece of land, which was conveyed back to the Sarna Development. B. The Preliminary Plat also did not include a description of the easement required by the City over a portion of Lookout Place, to be vacated and conveyed back to the project. 2. The final plat conforms to the requirements of ~9.114. j9.114 is the Subdivision Regulations section of the City's Zoning ordinance. Conforming to this section would require the appropriate information to be submitted to the City for Final Plat approval. The applicants have met this requirement. Staff recommends approval of the final plat. Questions by members: Thompson questioned whether a stipulation could be added to the conditions that the configuration of the alley be done right away before the main construction begins so that residents would have access, as well as garbage service to the area. Sargent stated that yes, that could be added. Thompson then asked about the 6 ft high fence. He said it isn't shown on the landscape plan, just on the site plan. Sargent explained it is a requirement of the zoning ordinance to install the fencing between two different zoning districts for site plan approval. The landscape plan shows the ornamental bushes approximately 3 ft high running inside the fence for aesthetics. The applicants and the neighbors both want the fencing as they feel it will do a better job of screening headlights, and providing security. Thompson asked if all outstanding issues with ME Global and Mr. Gondek had been worked out. Sargent replied that it had and that all agreements were in place. Fiorendino questioned why the placement of the building had been changed. Sargent explained that originally Sarna's had considered having a basement and a 2nd story. However, they have since changed their minds and increased the footprint of the building instead. The slight change in the placement allows them better visibility and a few more parkin!! snaces. It seemed to be a better use of the space. -33- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 4 There were no further questions from the members. Public Hearing Opened: Mr. Gondek of 325 Summit St. had concerns about having a fence on the site. He felt this may become unsightly as it would attract graffiti. He suggested planting larger trees along the inside and outside of the fence. He was told there isn't enough room to plant trees or bushes on the outside of the fence as it will run along the public sidewalk. Sargent also explained that the zoning ordinance requires a privacy fence that is at least 80% opaque. The alternating board fence is the one most commonly used. He also said the fence will be on the Sarna's property and that it will be their responsibility to maintain it. Public Hearing was Closed Motion by Fiorendino, seconded by Thompson, that the Planning Commission recommends the City Council approve the Final Plat of the Sarna's Restaurant, Sarna's Addition, based on the following conditions: 1. An NPDES permit will be required, at the time of construction. Additional erosion control measures along the southerly property line are recommended, due to the natural slope of the property. The City also reserves the right to require additional erosion control measures during construction, as conditions warrant. 2. All restoration of turf areas in the Public Right-of-Way (ROW) shall be by four (4) inches of topsoil/sodding. 3. All work within Public ROW shall be inspected by the City Engineering Department. Twenty four (24) hour advance notice of an inspection is required 4. All utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 5. Disconnect any existing utility service stubs in accordance with Public Works requirements. 6. All sidewalks shall meet ADA requirements for pedestrian ramps and grade. 1. An Anoka County and MnDOT permit shall be required for doing work within the Right of Way. 8. A permitfrom Anoka County will be requiredfor the driveway access to 40th Avenue NE. 9. That restoration of the adjacent alley be done, to provide access, prior to the start of the main construction. All ayes. MOTION PASSED. The attached Resolution will go to the City Council at the June 12,2006 meeting. -34- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 5 DRAFT RESOLUTION NO. XXXX RESOLUTION APPROVING A FINAL PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR JAMES SARNA WHEREAS, a proposal (Case No. 2005-1102) has been submitted by James Sarna to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: Southeast comer of University Avenue and 40th Avenue NE. EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: Sarna's Addition THE APPLICANT SEEKS APPROV AL 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 fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on June 6, 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: 1. The proposed minor subdivision conforms to the requirements of Section 14 of the City Code. 2. The proposed subdivision is consistent with the Comprehensive Plan. 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. An NPDES permit will be required, at the time of construction. Additional erosion control measures along the southerly property line are recommended, due to the natural slope of the property. The City also reserves the right to require additional erosion control measures during construction, as conditions warrant. 2. All restoration of turf areas in the Public Right-of-Way (ROW) shall be by four (4) inches of topsoil/sodding. 3. All work within Public ROW shall be inspected by the City Engineering Department. Twenty four (24) hour advance notice of an inspection is required. 4. All utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 5. Disconnect any existing utility service stubs in accordance with Public Works requirements. 6. All sidewalks shall meet ADA requirements for pedestrian ramps and grade. 7. An Anoka County and MnDOT permit shall be required for doing work within the Right of Way. 8. A permit from Anoka County will be required for the driveway access to 40th Avenue NE. 9. That restoration of the adjacent alley be done, to provide access, prior to the start of the main construction. -35- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 6 Passed this _ day of June 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. James Sarna Date CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2006-0601 T -Mobile USA 1400 - 49th Avenue NE Conditional Use Permit Telecommunications Tower At this time, Mr. Steven Edwards, a Site Acquisition Specialist for T -Mobile USA, is requesting a Conditional Use Permit (CUP) for the installation of a new cell phone tower located at Columbia Heights High School. The cell phone tower is considered a stealth tower, as it will replace an existing light pole surrounding the football field at the high school. T -Mobile proposes replacing the existing light pole with a 78-foot pole, with the capacity to hold the existing light system and a T-Mobile canister installation to enhance T-Mobile's digital telephone network nationwide and particularly in the area around the Columbia Heights High School and surrounding residential community. PLANNING CONSIDERATIONS Consistency with Comprehensive Plan The Comprehensive Plan guides this area for a Park. The current use of the property is for Columbia Heights High School and Highland Elementary School. These uses are consistent with the acceptable uses in the zoning district in which they are located. Telecommunication towers are allowed as Conditional Uses in residential districts. -36- PLANNING & ZONING COMMISSION MINUTES JUNE 6,2006 PAGE 7 Consistency with Zoning Ordinance The property is zoned R-l, Single Family Residential, as are the properties to the north and east. The properties to the west are zoned R-2A and R2-B, Two-Family Residential. The properties to the south are zoned R-2A and R-3, Multiple Family Residential. The City's Zoning Code has a specific section regarding the installation of telecommunication towers within the City of Columbia Heights. This ordinance outlines specific criteria for the location of towers in the City, and must be followed in order to receive a CUP. Some of the specific requirements are as follows: 1. Co-location/shared use of Towers. The City should strive to promote and encourage the shared use/co-location of towers and antenna support structures in order to help minimize the total number of towers within the City and to lessen the negative impact that a telecommunications tower may have on a residential neighborhood. Applicants must prove that they have studied alternative locations, and must provide reasoning as to why the alternative location would not work. A Search Ring is a geographic area in which potential sites may be located to effectuate the maximum amount oj coverage in a service-poor area. Radio Frequency engineers identifY a Search Ring based on several criteria, including coverage and capacity needs, topography, and locations oj other T-Mobile towers. First, T-Mobile will look Jor potential co-location sites within the Search Rings in order to minimize the cost oj new construction and to meet the spirit and intent oj local regulations that encourage co-location to minimize the number oj towers within a jurisdiction. T-Mobile identified an existing tower near the Search Ring, which would potentially be able to satisfy some oj T-Mobile's needs. The American Tower is located behind the existing water tower in Hilltop. Although the location would be suitable, the tower would not allow Jor a 360-degree coverage oj the area, which is needed Jor cell phone use. When no other towers or rooftops were identified, T-Mobile determined that a stealth tower around the Jootball field would suffice their needs. Locating a telecommunications tower in the R-1 District is permitted as a Conditional Use, as long as the tower does not exceed 80 feet in height. 2. Setbacks. The City Code requires that all telecommunication towers be placed at a distance equal to or greater than the height of the proposed tower from all abutting property lines. The proposed tower will be 78 feet in height, and will be located 272 Jeet from the northern property line, 946 Jeet from the eastern property line, 819 Jeet from the southern property line, and 366 feet from the western property line. -37- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 8 3. Screening and Landscaping. The City Code requires that wireless communication towers shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from surrounding property. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound. Representatives from Columbia Heights High School have requested not to screen the compound area for safety purposes. The tower will be replaced in an area used for track and field competitions. If a landscape buffer were implemented, it would obstruct the athletes competing in several track events. The school has also requested if the fence used to surround the compound could be a chain link fence, and not a wooden privacy fence. A privacy fence would encourage hiding spots for students or other people accessing the property. The tower itself will be masked to look like an existing light pole. A new light pole will replace the old pole, with the T-Mobile antennae placed below the new lighting system. The lights themselves will be replaced at the existing height as the previous lights on the pole, at a height of approximately 78 feet. The City Code Section regarding telecommunication towers was established in order to protect the City from an overabundance of wireless towers, while maintaining and protecting the character of residentially zoned neighborhoods. City Staff finds that the T-Mobile proposal has done an effective job in locating a new tower in a stealth-like manner; minimizing the visual impacts the tower may have on the City as a whole, and specifically on the surrounding residential neighborhood. 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. Telecommunication towers are allowed as a Conditional Use Permit in the R-l, Single-Family Residential District as long as the tower does not exceed 80 feet in height. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The use is in harmony with the existing use and zoning of the property. The intent of the Comprehensive Plan would guide this area for a public use, consistent with the school's function. (c) The use will not impose hazards or disturbing influences on neighboring properties. The design of the wireless communication tower will blend in to the current surrounding area, and will not impose hazards on neighboring properties. The Federal Communications Commission (FCC) has issued T-Mobile a license to work within the allowable frequency emissions. -38- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 9 (d) The use will not substantially diminish the use of property in the immediate vicinity. The use will have no impact on the use of the property in the immediate vicinity. (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. The proposed tower will be camouflaged to look like a light pole used to light the existing footballjield. The intended character of the surrounding area will remain unchanged. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (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 no increase in traffic as a direct result in the approval of this CUP. (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. The use will not have a negative cumulative effect on other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. Staff recommends that the Planning Commission recommend that the City Council approve the Conditional Use Permit a new telecommunications tower to be erected at Columbia Heights High School, subject to conditions of approval outlined in the recommended motion. Questions by members: Peterson asked whether the light/tower would impede any of the sport events on the field. He was told depending on the amount of fencing and landscaping done around the base, the only event that might be affected would be some of the track and field events. Peterson wondered if the pole couldn't have been located in a different spot to the west. Mr. Steve Edwards, a representative from T-Mobile said they couldn't meet the setback requirements at that location. And other possible locations were not possible due to power problems. He also stated an Engineer would determine whether it was safe to use the exiting pole or to install a brand new one. At this point, he thought they would be going with a new one. Schmitt asked if the new pole would blend in with the others. Mr. Edwards assured her they would do their best to see that is done. Thompson asked how much rent is being paid to the School District. No one present knew the answer to that question. Public Hearing Opened: Jim Totzke of 1630 Fairway Dr. asked if it would provide any noise to the area residents. Edwards stated there are internal air conditioners, but normally they can't be heard past 25 feet. Totzke then questioned why it comes before the Columbia Hei~hts Planning and Zoning Commission and the -39- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 10 City Council if it is located on School District property. He asked if there was a financial benefit to the City as well as the school district. Sargent explained to him that it comes before the City because it requires a Conditional Use Permit that must be approved by the Council, to ensure it meets City Codes and that all conditions are met, prior to the School District entering into a formal agreement with T-Mobile and being able to move ahead with the installation. Sargent also explained that any new tower would go through the same process whether it was installed on private or public property. And any other companies that may wish to locate on an existing pole would need to prove they would not be interfering with what is presently there, that they can't go elsewhere, that the pole would support such equipment, and that all conditions are met per City Code just as this case. Mr. Totzke was referred to the School Board or the Superintendent if he wished to know the financial arrangements with the School District. Howard Seim of 1425 Molan Terrace (used to serve on the School Board) asked if there would be any electronic magnetic interference with wireless equipment. Steve Edwards of T -Mobile stated there are 26 other sites within the city and that they have never received a complaint to date on any adverse affects to wireless equipment. Their system operates at a higher frequency level. Mr. Seim also asked if the existing pole is replaced and they run new wiring to the pole, how it will affect the other poles as they are all interconnected. Mr. Edwards was not aware of that and said he would pass that information along to his company. Phil Clark of 1260 Lincoln Terrace asked if other companies would now come forward and be allowed to put equipment on the tower also. Sargent explained that any company wanting to put additional equipment on the pole has to go through the same process. This approval does not grant access for all future equipment. Public Hearing Closed. Motion by Fiorendino, seconded by Thompson, that the Planning Commission recommends the City Council approve the Conditional Use Permit for a telecommunications tower to be located at 1400 - 49th Avenue NE, 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 infull compliance. 2. A barbed-wire fence may not be usedfor security around the tower compound 3. In lieu of a privacy fence, the applicant shall use a chain link fence surrounding the tower compound 4. The telecommunications tower and compound may not be sold, transferred or assigned without prior notification to the City. 5. No sublease shall be entered into by any provider until the sub lessee has obtained a permit for the subject wireless communications facility or tower or antenna support structure. 6. The tower design must be certified by a qualified engineer specializing in tower structures and licensed to practice in the State of Minnesota. The certification must state the tower design is structurally sounds and, at a minimum, in conformance with the City's building code and the State Building Code. 7. The applicant shall obtain a building permit prior to construction of the tower. -40- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 11 Ayes-Thompson, Fiorendino, Schmitt Abstain-Peterson MOTION PASSED. The attached Resolution will go to the City Council at the June 12, 2006 meeting. DRAFT RESOLUTION NO. XXXX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR T-MOBILE, USA WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2006-0601) has been submitted by Steve Edwards of T-Mobile to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 1400 - 49th Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (O)(5)(e), to allow a telecommunications tower in the R-l, Single-Family Residential District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 6, 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 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. -41- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 12 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 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. A barbed-wire fence may not be used for security around the tower compound. 3. In lieu of a privacy fence, the applicant shall use a chain link fence surrounding the tower compound. 4. The telecommunications tower and compound may not be sold, transferred or assigned without prior notification to the City. 5. No sublease shall be entered into by any provider until the sub lessee has obtained a permit for the subject wireless communications facility or tower or antenna support structure. 6. The tower design must be certified by a qualified engineer specializing in tower structures and licensed to practice in the State of Minnesota. The certification must state the tower design is structurally sounds and, at a minimum, in conformance with the City's building code and the State Building Code. 7. The applicant shall obtain a building permit prior to construction of the tower. Passed this _ day of June 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -42- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 13 CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2006-0602 Riaz Shad 4100 Reservoir Boulevard Lot Split and Variances At this time, Mr. Shad is requesting a minor subdivision (lot split) to create two lots (Parcel A and B), located at 4100 Reservoir Boulevard. In association with the lot split, the applicant is also requesting two variances. The first is a 598 square foot area variance for Parcel A per Zoning Code Section 9.109 (C). The second is a 4.7-foot rear yard setback variance for the existing house located on Parcel A per Zoning Code Section 9.109 (C). PLANNING CONSIDERATIONS Consistency with Comprehensive Plan The Comprehensive Plan guides this area for Low Density Residential. The property is zoned R-l, Single Family Residential and is currently being used as a single-family house. The request will create a new parcel for a single-family house, and is consistent with the Comprehensive Plan for this reason. Consistency with Zoning Ordinance The property at 4100 Reservoir Boulevard is zoned R-I, Single Family Residential. The properties to the north, south and east are also zoned R-I. The properties to the west are zoned R-2A, One and Two Family Residential. The proposed lot split is required to meet the minimum lot area, lot width and setback regulations as outlined below: Lot Size. The minimum lot size in the R-1 District is 8,400 square feet in area. The proposed lot split will create two separate lots, Parcel A and Parcel B. The proposed Parcel A will have a lot area of 7,802 square feet, which is less than what the Zoning Code requires. For this reason, a 598 square foot area variance is required Proposed Parcel B will have a lot area of 10,452 square feet, meeting the minimum lot area standards. Lot Width. The minimum lot width in the R-1 District is 70 feet. Parcel A will have a proposed lot width of 89.86 feet and Parcel A will have a proposed lot width of 70. 00 feet. Both of these widths meet the minimum lot width standard for the district. Setbacks. The minimum setbacks in the R-l District are as follows: Front yard: Side Yard: Corner Side Yard: Rear Yard: 25 feet 7 feet 12 feet 20% of lot depth At this time, there are no house plans for Parcel B, however an existing single-family home is located on Parcel A. When the lot split is complete, the orientation of the lot will remain the same, with the front yard abutting Reservoir Boulevard, and the corner side yard abutting 41 st A venue. The lot split, however, will cause the house to become non-conforming for setback purposes. The existing house will -43- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 14 have the following setbacks when the lot split is complete: Front Yard: Side Yard: Comer Side Yard: Rear Yard: 30.5 feet 15.3 feet 16.1 feet 10.25 (requires a 5-foot variance) The rear yard setback is determined by taking 20% of the average lot depth. In this case, the average lot depth is 76.21 feet. 20% of the average lot depth would yield a rear yard setback requirement of 15.24 feet. Park Dedication. The required park dedication for a subdivision is determined by taking 10% of the estimated market value of the newly created, undeveloped land. Anoka County records indicate that the estimated market value of the undeveloped land for Parcel B would be $48,891.50. Therefore, the park dedication fee for Parcel B will be $4,889.15, to be paid upon final approval of the lot split. FINDINGS OF FACT (minor subdivision) Section 9.104 (1) of the Zoning Ordinance outlines 8 required findings that must be met in order for the City to grant a minor subdivision (lot split). They are as follows: a) The proposed subdivision of land will not result in more than three lots. The proposed subdivision will result in the creation of two new parcels. b) The proposed subdivision of land does not involve the vacation of existing easements. No existing easements will be vacated as a result of this subdivision. The applicant will be required to dedicate an additional 5 feet to the existing 10-foot drainage and utility easement located on the western lot line of Parcel B, in order to create a 15-foot drainage and utility easement. c) All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. Parcel B will not conform to the lot area requirements established for the district. For this reason, a 598 square foot area variance is requested to meet the minimum standards. The lot area on Parcel A conforms to code. All lot widths for resulting parcels will meet the city's minimum standards as well. d) The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. No public rights-of-way will be dedicated for the purpose of gaining access to the property. e) The property has not previously been divided through the minor subdivision provisions of this article. This property has not been previously subdivided f) The proposed subdivision does not hinder the conveyance of land. The conveyance of the land will not be hindered by the minor subdivision. g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. h) The proposed subdivision meets all of the design standards specified in Section 9.114. The proposed subdivision meets all the design standards for minor subdivisions executed in the City of Columbia Heights. -44- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 15 FINDINGS OF FACT (variances) Section 9.104 (G) of the Zoning Ordinance outlines 5 required findings that must be met in order for the City to grant a minor subdivision (lot split). Response (1) will be for the 598 square foot lot area variance and response (2) will be for the 4.7-foot rear yard setback variance. They are as follows: a) 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. (1) The property in its current state is 18,254 square feet in area. If the property were to be split evenly, the resulting parcels would be 9,127 square feet each. The property's hardship lies in the fact that it is oddly shaped, and triangular. There is no way for the applicant to be able to split the property while maintaining both a 70-foot lot width and a minimum of 8, 400 square feet in area. If the property were a perfect rectangle, the applicant would not need a variance for lot area when splitting the property. (2) In order for the applicant to maintain a 70-foot lot widthfor Parcel B, the new proposed lot line was placed 10.55 feet from the existing house on Parcel A. The required rear yard setback for the existing house on Parcel A is 15.2 feet. For this reason, a 5-foot rear yard setback variance is required 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 classifi cati on. (1) There is one other similarly shaped parcel along Reservoir Boulevard The stated hardship is therefore unique to the property. (2) The applicant would like to split a piece of property already containing a house. Given the sizes of the parcels in the City of Columbia Heights, it is rare to find a parcel of land large enough to subdivide, which has an existing house on it. 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. (1) The hardship is caused by the irregular shaped lot" created at the time of the initial platting of the area. (2) The house was placed on the property prior to the applicant having legal interest in the property. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. (1) The granting of the variance is in harmony with the comprehensive plan for both of the requested variances because of the property's low density status. -45- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 16 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 property or improvements in the vicinity. (1) The applicant owns the existing house on the subject parcel of land and is creating a new parcel that meets City Code for lot area and lot width. Because the variances themselves are minor in nature and the property will remain low density, the request is a negligible departure ./i'om the ordinance. (2) The new house to be located on Parcel B could be placed in a location consistent with all the other houses in respect to neighboring houses. For this reason, the granting of the variance would not be injurious. Staff recommends approval of the lot split and the variance with the conditions noted in the recommended motion. Ouestions by members: Peterson asked what the setbacks are for the existing houses in that area. Sargent replied that the property to the north also has a 30.4 ft setback. The property to the south is not shown on the survey, but all the houses in the area seem to be very close to the same distance. There was a discussion regarding the size of some of the other lots in the area, the topography of the lot in question, as well as the narrow width of 41 st Avenue west of Reservoir Blvd. The alley adjacent to the property in question is unimproved and used as additional green space by the adjoining properties. It was noted that a developer will have a difficult time constructing a house on the split off piece due to the topography and the drainage requirements that would need to be met. However, the question before the commission is whether to approve the lot split and variance, not to address what mayor may not be built sometime in the future. The question was asked how long the owner had before the property had to be developed. Sargent explained it is up to the owner to file the lot split with the County within a year, then what he does with it after that is up to him. He can sit on it forever and never develop it, ifhe chooses. Public Hearing Opened: Jim Totzke of 1630 Fairway Dr felt taking one lot and splitting into 2, lowers the value of the lots, and encourages low valued homes to be built because the lot sizes are now smaller. He is concerned about condensing too many properties into an area. Sargent again explained, the commission can only approve what is before them at this time-the lot split and variance-and whether it meets the criteria for approval. They cannot address what type of house may be built at this time. Fiorendino asked whether there would be any parking issues along 41 st Ave. Sargent said any new house would require a double garage and with driveway parking would be no different than any other home constructed in the City. -46- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 17 Public Hearing was closed. Motion by Thompson, seconded by Schmitt, that the Planning Commission recommends the City Council approve the lot split with the following conditions: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of $4,889.15, due at the time of final approval by the City Council, and prior to any permits issued for the property. 3. The applicant shall dedicate an additional 5-foot easement on the western property line of proposed Parcel B for drainage and utility purposes, to be approved by the City Engineer. All ayes. MOTION PASSED. Motion by Thompson, seconded by Schmitt, that the Planning Commission recommends the City Council approve the 598 square foot area variance for Parcel A and the 5-foot rear yard setback variance for Parcel A with the following conditions: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. All ayes. MOTION PASSED. The attached Resolutions will go to the City Council at the June 12,2006 meeting. DRAFT RESOLUTION NO. XXXX RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR RIAZ SHAD WHEREAS, a proposal (Case No. 2006-0602) has been submitted by Riaz Shad to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 1400 Reservoir Boulevard EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. -47- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 18 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 fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on June 6, 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: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision ofland does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance ofland. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in the S9.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of $4,889.15, due at the time of final approval by the City Council, and prior to any permits issued for the property. 3. The applicant shall dedicate an additional 5-foot easement on the western property line of proposed Parcel B for drainage and utility purposes, to be approved by the City Engineer. Passed this _ day of June 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -48- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 19 DRAFT RESOLUTION NO. XXXX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR RIAZ SHAD WHEREAS, a proposal (Case # 2006-0602) has been submitted by Riaz Shad to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 1400 Reservoir Boulevard LEGAL DESCRIPTION: On File at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 598 square foot area variance per Code Section 9.109 (C), and a 4.7-foot rear yard setback variance per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on June 6, 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. -49- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 20 CONDITIONS: 1. All application materials, maps, drawings and descriptive information submitted with the application shall become part of the permit. Passed this _ day of June, 2006 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: 2006-0603 WeUe Auto Supply 4801 Central Avenue Site Plan Approval At this time, Ken Welle d/b/a! Welle Auto Supply, is requesting a Site Plan review in order to construct a 3,200 square foot addition to his existing business located at 4801 Central Avenue. Mr. Welle is proposing to expand the building by 51 feet to the east in order to accommodate 6 new service bays. Currently, the business is an auto supply store that does not do any type of service work. The proposed addition would allow service work on-site as an added accommodation of the store. PLANNING CONSIDERATIONS Comprehensive Plan The Comprehensive Plan classifies this area as a Transit Oriented Mixed-Use District. This district requires a higher percentage of service-oriented commercial/retail development, due to the focus on the commuting needs of Columbia Heights residents. The proposed addition to the existing business would be consistent with the goals of the Comprehensive Plan for this area because it will intensify a service- oriented commercial establishment. -50- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 21 Zoning Ordinance The property is located within the MXD, Mixed Use District, as are the properties to the north, south and east. The property to the east is the location of the new Grand Central Lofts development. The properties to the west are within the City of Hilltop. The Zoning Code states that the Planning and Zoning Commission shall approve the site plan for any new construction located in this district. ANALYSIS Circulation, Access, and Parking. The proposed addition will be 3,400 square feet in area, and will be comprised entirely of service bays for automobile repair. The Zoning Code states that the business will be required to have one (1) parking stall for each 300 square feet of floor area for the addition, plus two (2) parking stalls for each service bay added to the building. Using these figures, the new addition would require 23 parking stalls. The remainder of the building would require one (1) parking stall for each 300 square feet of retail and office space, plus one (1) parking stall for each 3,000 square feet of warehouse. This would require 21 parking stalls for the existing building. With the proposed addition, 44 parking stalls would be required to meet city code. The proposed site plan indicates that there will be 48 parking stalls on site. It should be noted that there was an existing driveway and parking easement located on the southern 5 feet of the subject property. The easement was 25 feet wide, with the remaining 20 feet located on the property to the south. The applicant has amended this easement to convey that it will be strictly a driveway easement for the shared use of both property owners. This is essential, as it will allow Mr. Welle to gain an adequate drive aisle for his customers to access the rear of the property. Signage Plan. The applicants are proposing to incorporate two small directional signs located on the building to indicate the location of the service bays. Such signs may not be painted directly onto the building, but vinyl decals are permitted. There have been no other plans to alter the existing signage in any way. Highway District Design Guidelines. This property is located within the Highway Design District, pertaining to the design guidelines established for the Central A venue corridor. The only alteration to the front of the building is to install a large window facing Central Avenue. The remainder of the addition will be to the rear of the building and will have no impact to the public right-of-way, or passersby along Central Avenue. For this reason, the proposed addition will conform to the design guidelines, as the Planning Department deems as necessary. Re-submittal. In December of2005, Welle Auto received approval from the Planning Commission on a site-plan for an addition to the building incorporating seven (7) service bay doors. These doors were situated to the rear of the building, and faced east towards the Grand Central Lofts development. There were some concerns at the meeting regarding the noise that an automotive repair business would generate, with its proximity to the residential development to the east. Conditions were imposed on Mr. Welle restricting the amount of noise that could be generated as part of the approved site plan. -51- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 22 The proposed site plan incorporates only 6 service bays, with three facing the north and three facing the south. The reason for the reorientation of the building was due to poor soil quality located on the north end of the property. The current configuration of the addition would avoid the poor soils and would also help reduce the amount of noise transferred to abutting residential properties. FINDINGS OF FACT Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The proposed site plan meets all the requirements pertaining to setbacks, parking, and public access for the district in which it is located. 2. The site plan is consistent with the applicable provisions ofthe city's comprehensive plan. The site plan conforms to the comprehensive plan, as it is a proposal to expand on an existing service-oriented business located within the Transit Oriented Mixed-Use District. 3. The site plan is consistent with any applicable area plan. The plan for the area incorporates service-oriented businesses as a part of the Transit Oriented Mixed-Use District. For this reason, the proposed addition to the existing business would be consistent with the applicable area plans. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed addition will be located to the rear of the building and will have a very minimal impact to the public right-of way. The addition will not be getting any closer to the northern property line, as it will remain the same distance as the existing building. The expansion will be located 51 feet closer to the rear property line than the existing principal structure. When the expansion is complete, the building will be located 63 feet from the rear property line. This is greater than the minimum requirement of 20 feet in other commercially zoned districts. Residents potentially affected by the proposed addition would be the future residents located in the Grand Central Lofts. Automobile repair stations naturally generate noise in association with the repair of vehicles. The Grand Central Lofts mayor may not be affected by the auto repair noise, as they are located approximately 24 vertical feet above the Welle Auto Supply store. Staff recommends approval of the Site Plan with the conditions noted in the recommended motion. Questions by members: Fiorendino asked about Condition #6-noise levels. He wondered if any readings had been taken recently. Sargent explained this issue came up at the December meeting when the first site plan was -52- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 23 approved. Since that time, Mr. Welle and the Police did test the site and found that the traffic alone along Central Avenue exceeded the limits already. So they amended #6 to read "cannot exceed current levels." How the Police will monitor this is yet to be determined. Schmitt stated that at the December meeting there was a verbal agreement between Mr. Nedegaard and Mr. Welle regarding landscaping between the two sites along Central Ave. She would like to have this included in the conditions of approval. She also thought that having the dumpsters enclosed should be added to the list of conditions. The other members agreed. There was a discussion regarding the poor condition of the outside of the current building, and the material that will be used on the new building. Sargent explained the new building will have to meet the Design Guidelines and conform to the accepted list of outside materials. And they would expect the outside of the existing building will be re-painted to blend with the new construction in an acceptable color as listed in the Design Guidelines. The Architect also reported that they would be adding a window on the Central Ave front of the building on the south end and will trim it in the existing brick that will be removed in the process. Gary Peterson also concurred that the present building is unsightly and he felt it should be improved prior to allowing construction on the new one. There was also a discussion regarding their non-compliant signage. Sargent explained as long as it exists and is not removed or changed, they are allowed to keep it. If it is ever removed, it will not be allowed to be replaced. David Philips, architect for the project, explained that the new design presented at tonight's meeting with three service doors facing north and three doors facing south, rather than all of them facing east is a better plan for them and for the neighbors. Mr. Welle will also be upgrading facilities to meet ADA requirements, and will add the window to the front of the existing building. He explained that Mr. Welle is not planning on changing the signage at this time. He also stated they were planning on constructing the new building as a concrete block building similar to the existing one. The members stated this is not an accepted material to be used according to the Design Guidelines for Central Avenue. Mr. Philips felt too many restrictions or conditions will make this cost prohibitive. Sargent explained that the outside materials to be used for the new building are not an additional condition, it simply is a requirement that must be met according to the Guidelines adopted by the City. Any mention of acceptable materials is a reiteration of our code that already exists. Public Hearing was opened: No one wished to speak on this issue. Public Hearing was closed: -53- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 24 Motion by Thompson, seconded by Peterson, to waive the reading of Resolution No. 2006-PZ02, there being ample copies available to the public. Motion by Thompson, seconded by Peterson, to adopt Resolution No.2006-PZ02, being a resolution approving a site plan for the proposed addition at 4801 Central Avenue, subject to the nine (9) stated conditions as approved by the Planning Commission: 1. The new parking lot shall be stripped to indicate 48 parking stalls as approved on the submitted site plan. 2. The amended driveway easement shall be recorded with Anoka County, and evidence of the recording be submitted to the Zoning Administrator prior to the issuance of a building permit. 3. Any proposed signage for the building shall meet the requirements of Section 9.106 (P), as it relates to signage. 4. The hours of operation for the service department shall be 8:00 a.m. to 6:00 p.m. Monday through Saturday and 10:00 a.m. to 5:00 p.m. on Sundays. 5. A maximum of two (2) bays doors may be open continuously at any given time on the weekdays. The bay doors must remain closed at all times on Saturdays and Sundays with the exception of moving the vehicles in and out of the service bay. 6. Noise levels may not exceed the current decibel levels as measuredfrom the eastern property line separating Welle Auto Supply from the Grand Central Lofts. 7. A landscape plan must be submitted for staff approval prior to the building permit being issued. 8. The building materials on the new building must conform to the Design Guidelines for issuance of a permit. 9. The dumpster facilities must be enclosed per City Code. All ayes. MOTION PASSED. RESOLUTION NO. 2006-PZ02 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR WELLE AUTO SUPPLY WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2006-0603) has been submitted by Ken Welle of Welle Auto Supply to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4801 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for an addition in the MXD, Mixed-Use District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 6, 2006; -54- PLANNING & ZONING COMMISSION MINUTES JUNE 3,2006 PAGE 25 WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City Staff 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 Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. 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 year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The new parking lot shall be stripped to indicate 48 parking stalls as approved on the submitted site plan. 2. The amended driveway easement shall be recorded with Anoka County, and evidence of the recording be submitted to the Zoning Administrator prior to the issuance of a building permit. 3. Any proposed signage for the building shall meet the requirements of Section 9.106 (P), as it relates to signage. 4. The hours of operation for the service department shall be 8:00 a.m. to 6:00 p.m. Monday through Saturday and 10:00 a.m. to 5:00 p.m. on Sundays. 5. A maximum of two (2) bays doors may be open continuously at any given time on the weekdays. The bay doors must remain closed at all times on Saturdays and Sundays with the exception of moving the vehicles in and out of the service bay. 6. Noise levels may not exceed the current decibel levels as measuredfrom the eastern property line separating Welle Auto Supply from the Grand Central Lofts. 7. A landscape plan must be submitted for staff approval prior to the building permit being issued 8. The building materials on the new building must conform to the Design Guidelines for issuance of a permit. 9. The dumpster facilities must be enclosed per City Code. -55- PLANNING & ZONING COMMISSION MINUTES JUNE 6, 2006 PAGE 26 Passed this 6th day of June 2006, Offered by: Thompson Seconded by: Peterson Roll Call: 4 Ayes 0 Nays CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Ken Welle Date NEW BUSINESS None MISCELLANEOUS The members reviewed the dates of the meetings for the next several months due to changes in the schedule. The meetings will be as follows July 5th, August 8th, September 6th, October 3rd, and November 8th. Motion by Schmitt, seconded by Fiorendino, to adjourn the meeting at 9:05 pm. Respectfully submitted, Shelley Hanson Secretary -56- COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: June 19,2006 ITEM: Establish Work Session Meeting Date for June 19,2006 NO: BY: Walter R. Fehst DATE: June 7, 2006 CITY MANAGER'S APPROVAL BY: L-td- ~. AGENDA SECTION: Consent NO: 5-A-3 ORIGINATING DEPARTMENT: Administration DATE: It is suggested to schedule a City Council Work Session for Monday, June 19,2006 beginning at 7:00 p.m. in Conference Room 1. RECOMMENDED MOTION: MOTION: Move to schedule a City Council Work Session for Monday, June 19,2006 beginning at 7:00 p.m. in Conference Room 1. COUNCIL ACTION: -57- COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: June 12, 2006 ITEM: Res. 2006-65 authorize Automark for precincts NO: BY: Bill Elrite eJ DATE: June 7, 2006 CITY MANAGER'S APPROV AL BY: t1,/~ ~/J DATE: AGENDA SECTION: Consent NO: 5- - ORIGINATING DEPARTMENT: Administration Background: The Anoka County Elections Department has indicated that all cities within Anoka County need to pass a resolution to authorize use of the Automark in all precincts. The Automark is the new equipment we are required to use to comply with the Help Amercians Vote Act. This equipment is used in addition to the exiting optical scan voting system. Recommended Motion: MOTION: Move to waive the reading of Resolution No. 2006-65, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-65, being a Resolution authorizing the Automark in all Precincts. COUNCIL ACTION: -58- RESOLUTION NO. 2006-65 BEING A RESOLUTION AUTHORIZING THE AUTOMARK IN ALL PRECINCTS WHEREAS, the Federal government passed the Help America Vote Act in 2002 that requires the voting method in every polling place to include a voting system that is accessible for individuals with disabilities in a manner that provides the same opportunity for access and participation and to vote privately and independently; and WHEREAS, one voting system, the ES&S Automark has been identified and certified by the Minnesota Secretary of State's office to meet the requirements of the Help America V ote Act. WHEREAS, the ES&S Automark will be used in addition to the existing optical scan voting system. WHEREAS, federal grant funds were available to cover the capital purchase of the Automark and will not require additional funds in 2006. NOW, THEREFORE, BE IT RESOLVED that the City Council of Columbia Heights hereby authorizes the use of the ES&S Automark in each polling place for elections held after this date. Offered this day of June 2006 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -59- tnain L"':;~~~ f/J:.ll'l Products ;7) ~I ~:e resoUItt"S ',c' J" f,~'~'4 contact us ')>":: ff' !4.h IUIOMIOlf Other Products . V..Box: Porlable Dallol Box Voter Assist Terminal . Voque I Voting 800tl1 . Ballot Transfer Sleeve The AutoMark is a ballot marking system designed to provide privacy and accessibility to voters who are blind, vision- impaired, or have a disability or condition that would make it difficult or impossible to mark a ballot in the usual way. In addition, it provides language assistance to voters who are more comfortable speaking an alternative language or who have reading difficulties. The AutoMark voter assist terminal has been developed with input from election authorities and disability organizations, and meets all of the requirements of "The Help America Vote Act of 2002." Voters insert their standard optically scanned ballot- punch-card width or standard page width-into the slot, and the AutoMark reads the ballot style. There's no need for a special ballot. Voters can use the touch screen to scroll through the options and make their selections. Then the AutoMark prints the selections onto the ballot, and the ballot is returned to the voter to be cast in the regular fashion. "' "...~"""'-. , ';'.....:' ."'n,.,.._.,~ Accessibility for Voters with Disabilities Disabilities which might prevent a voter from marking a ballot range from blindness or impaired vision, to an age-related condition such as arthritis or Parkinson's disease. In addition, a temporary condition such as a broken arm could make it difficult for a person to mark his or her vote. The AutoMark voter assist terminal displays each race on screen in a variety of magnifications, and the voter uses the touch screen to make a selection. Blind voters or those with severely impaired vision can choose to listen to the choices through headphones. Alternative Language Accessibility Assuring that all citizens in a diverse population can exercise their privilege to vote, visual and audible ballots in multiple languages can be stored on a single machine. -60- httn' / /mmm "()(Jllp.election.com/nroducts automark.html 6/7/2006 Audit Capability The AutoMark does not tally or store votes. The AutoMark simply marks a conventional paper ballot which is then cast by the voter. The paper ballot can be audited in the same manner as hand marked ballots. Protect Legacy Systems The AutoMark is designed to work with and enhance all major optical scan/mark sense voting systems currently in use. It is expected that the vast majority of voters will continue to manually mark paper ballots during the election process. Voters with disabilities or a personal preference will be able to use the AutoMark by inserting the same paper ballot used by other voters into the AutoMark. After all decisions have been made by the voter, the AutoMark prints those selections on the paper ballot which is then cast by the voter in a manner identical to all other voters, using existing optical scanner hardware/software solutions. There's no need to reinvest in a new ballot style or tabulation system. ,. ... - : ,.'.: t~'~~~:f " ... ~ ~''"'-. - .. """ - ", .. ,....... .. . . ::: ." '''" ,..... ... ;' "'. ,> '"' : . , - .: IttifJ;:;:~t "1' ".. ..~ ..... .. "- h .... .. Write-In Candidates The AutoMark also allows for write-in candidates where appropriate. Voters can spell their candidate's name using a touch-screen keyboard. Blind voters can use audio prompts to navigate through and select letters one at a time. After all selections are made and the answers have been confirmed by the voter, the AutoMark prints the name of the designated write-in candidates in the appropriate locations on the ballot. No Special Ballot . The AutoMark does not require a special ballot. Voters with disabilities and those requiring language assistance use the same ballot as any other voter. The AutoMark scans the ballot to determine the appropriate ballot style, and presents the choices for each race in sequence. Once the voter has made his or her selections, the AutoMark fills in the ovals or squares and prints the write-ins as entered by the voter. The voter then takes the marked ballot to the tabulation equipment, just like any other voter. There is no need to print special ballots, and voters with disabilities get the same privacy and confidentiality as other voters. Over-Voting Over-voting cannot occur when a voter uses the AutoMark to mark his or her ballot. The AutoMark software has been developed to ensure that no more than the proper number of candidates can be chosen for each race. Under-Voting The AutoMark minimizes under-voting by providing voters with a summary page of their selections. Voters will be able to notice any skipped races and are free to change their selections prior to printing. Availability The AutoMark voter assist terminal is expected to be available Spring 2005. For more information visit 1illP-:l/www.automarkts.com contact us at info@automarkts.com or call 630-916-0030 -61- httn:/ /www.vOlZueelectiol1.comJproducts_automark.html 6/7/2006 CITY COUNCIL LETTER AGENDA SECTION: CONSENT ORIGINA TING DEPT: CITY MANAGER NO: };- A - 5 FINANCE APPROV AL ITEM: DISTRIBUTION OF THE 2005 BY: WILLIAM ELRITE BY:~dit~ - COMPREHENSIVE ANNUAL FINANCIAL REPOR T AND THE INDEPENDENT DATE: 06/08/2006 AUDITORS REPORT FROM HLB TAUTGES REDP A TH, LTD. NO: Meeting of' June 12, 2006 The 2005 Comprehensive Annual Financial Report along with the Independent Auditor's Report including the report on compliance with the Minnesota Legal Compliance Audit Guide for Local Governments was distributed to the City Council on June 8, 2006. This distribution is one month earlier than last year. It is staff s recommendation that the council schedule a meeting with the auditor to present a formal review of the annual audit and financial report. In the past there has been concern on the part of various council members as to the depth of review that the auditor should go into. This year it is staff s recommendation that the auditor be given 30 uninterrupted minutes to present a review of the audit findings and recommendations along with a review of the increases and decrease in fund balances for all funds. After the auditor has completed his presentation there should be a time period for questions on the audit and financial report. Staff strongly encourages the council to hold all questions until the auditor has completed his presentation. RECOMMENDED MOTION: Move to recognize that the 2005 independent auditors report from HLB Tautges Redpath, Ltd. including the Comprehensive Annual Financial Report for the City of Columbia Heights was distributed to council members and to schedule July 17,2006 at 7:00 p.m. as the date and time to meet with the auditor. The auditor will be given 30 minutes to present the audit findings and recommendations followed by a time period for council questions. WE:sms OS06284COUNCIL COUNCIL ACTION: -62- CITY COUNCIL LETTER Meeting of June 12, 2006 AGENDA SECTION: CONSENT NO: 5-A-0 ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL ITEM: Rental housing licenses BY: Gary Gorman NO: DATE: June 6, 2006 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 June 12,2006. COUNCIL ACTION: -63- Occupany 1.0. 30044 20274 30171 20150 30123 20246 20010 20036 20064 10055 12078 20049 20151 20119 30162 10125 20094 30119 12124 20210 30023 12208 20212 30039 20057 12074 30117 20070 20277 10052 OR/OR/?OOR L1CENSE_Ltr to Approve Licenses 2006 Property Owner Name Ashraf LLC Bryant Bentley Richard Berg Steve Bethel Martha Demetriou Stephen Dziedzic Vicente Gavilan Diaa Hassan Kenneth Henke Lowell Johnson Jane Johnson Nurhan Kasar Kris Kienzle Amy Knoll-Hammer Daniel Larson Liliana Letran Rose Maciaszek Anwaar Minhas Luis Ochoa Nathan Olson Michelle Parson Timothy Quass Jai Ramnarine Joanna Rocha Dan Schreier Mark Steffl Lisa Telkamp-Castro Stanley Van Blaricom Ronald Wilcox Robert Zschokke -64- 1R.?A Property Address 950 39TH 4427 MAIN 4242 3RD 4555 FILLMORE 4654 Tyler 1262 CIRCLE TERRACE 4636 WASHINGTON 43173RD 4415 2 1/2 4024 MADISON 5033 JACKSON 1215 CIRCLE TERRACE 1356 CIRCLE TERRACE 48175TH 4556 Tyler 3723 JACKSON 4357 WASHINGTON 4628 Tyler 5009 JACKSON 122245 1/2 42264TH 3727 Reservoir 4550 7TH 501 MILL 4241 2ND 936 42ND 4607 Tyler 4500 Tyler 4512 MONROE 3823 POLK Page 1 CITY COUNCIL LETTER Meeting of: June 12, 2006 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: 5 - ;-\-1 License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson <;f> ~ . DATE: NO: By:w~d~ DATE: June 8, 2006 BACKGROUND/ANAL YSIS Attached is the business license agenda for the June 12, 2006 City Council meeting. This agenda consists of applications for Contractor licenses for 2006, four Peddler Licenses, a Cigarette/Tobacco License for the new owner of Jerusalem Cafe, and a temporary beer license for Immaculate Conception Church's Fun Fest in August. Three ofthe Peddler's license are for the Jamboree Events at Huset Park, and the license for Renaissance Fireworks is for an additional location for the period of June 5-July 5, 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 June 12,2006 as presented. COUNCIL ACTION: -65- TO CITY COUNCIL June 12,2006 * Signed Waiver Form Accompanied Application 2006 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *Merit Fire Protection *RSW Construction LLC *Boiler Services Inc Mid City Mechanical PEDDLERS LICENSE POLICE Renaissance Fireworks For site at Jerry Johnson Erik Johnson Shaun P. Stage 9 Oakley Ave, S1. Paul 9319 Revere Ln, Maple Gr 10327 Flanders St NE, Blaine 9103 Davenport St, Blaine 1607 Lowry Ave NE, Mpls 2301 37th Place 1298 52nd Ave NE, Fridley 1298 52nd Ave NE, Fridley 3675 Highland Ave, Wht Bear Lk POLICE CIGARETTE/TOBACCO LICENSE *Yasmeen Inc dba Jerusalem Mkt 4945 Central Ave TEMPORARY BEER POLICE *Greg Tomala for Immaculate Conception Church For Fun Fest Aug 11-13,2006 4030 Jackson S1. -66- $60.00 $60.00 $60.00 $60..00 $100.00 $100.00 $ 50.00 $ 50.00 $300.00 $300.00 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT . COUNCIL MEETING OF: 0\AA;\t \'2-, J1JDfa . STATE OF MINNESOTA COUNTY OF ANOKA CITY 9F COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number ~ through ~ in the amount of$~. These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment -67- S-A-K ACS FINANCIAL SYSTEM 06/09/2006 07:51:27 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.......06/12/2006 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....................... . H,-'lcher .................... O\Leased Date........ ....... 00 ~ared Date. . . . . . . . . . . . . . . . thru thru thru thru 117297 thru 117511 thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI J COUNCIL 02 P4 Y S 6 Lines CPI CP SP 066 10 Y Y ACS FINANCIAL SYSTEM 06/09/2006 07 BANK VENDOR Check History 06/12/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 BANK CHECKING ACCOUNT ACE HARDWARE AMERICAN BOTTLING COMPAN BELLBOY CORPORATION BLOWERS/CAROLE CENTER POINT ENERGY CHISAGO LAKES DISTRIBUTI DAY DISTRIBUTING CO DUGDALE/MARY ECKERT/WENDY FARNER-BOCKEN FAST PITCH CLUB G & K SERVICES GENUINE PARTS/NAPA AUTO GRIGGS-COOPER & CO HAMMER/RICHARD HEIGHTS BAKERY HOHENSTEINS INC JENSEN/SHERRI JJ TAYLOR DIST OF MN JOHNSON BROS. LIQUOR CO. JOHNSON/THOMAS M KASLOW/GLENN KIBLER/JANE KUETHER DIST. CO. LEESE/STEVE MARK VII DIST. MENARDS CASHWAY LUMBER-F MN DEPT OF ADMINISTRATIO MOELLER/KAREN MORE DISTRIBUTING, INC NEXTEL COMMUNICATIONS o ' REILLY/MIKE ONVOY PETTY CASH - LIZ BRAY PETTY CASH - MARY DUGDAL QUALITY WINE & SPIRITS SARNA'S SHAMROCK GROUP/ACE ICE SPECIALTY WINES & BEVERA VANG/MAY VERIZON - ATTN: PREPAY D VERIZON WIRELESS VINOCOPIA INC WUORI/W.B. XCEL ENERGY (N S P) ZILKA/FRANCIS AARP (j\ \0 11 7297 11 7298 11 7299 117300 117301 11 7302 117303 117304 117305 117306 117307 117308 117309 117310 11 7311 117312 117313 117314 117315 117316 117317 117318 117319 11 7320 11 7321 117322 11 7323 11 7324 117325 11 7326 11 7327 117328 117329 117330 117331 11 7332 11 7333 11 7334 117335 117336 117337 117338 117339 117340 117341 11 7342 11 7343 AMOUNT 1. 76 995.82 8,000.10 542.60 2,359.92 1,187.95 345.00 74.54 68.61 1,365.49 250.00 15.54 101.87 5,827.90 491. 00 43.20 2,738.95 147.90 2,084.80 5,416.40 90.00 129.21 39.09 29,248.30 150.00 7,568.82 15.68 458.90 208.22 81.00 378.91 150.00 59.99 43.94 139.40 10,023.26 99.01 168.88 1,033.97 250.00 60.00 6.31 619.50 500.00 163.51 227.94 270.00 ACS FINANCIAL SYSTEM 06/09/2006 07 BANK VENDOR Check History 06/12/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 AMOUNT BANK CHECKING ACCOUNT AISH/MATT 117344 160.00 ARCH WIRELESS/METROCALL 11 7345 84.33 ARTHUR SHUSTER INC 11 7346 2,499.31 BRADLEY REAL ESTATES INC 117347 11,885.12 BRECKENITCH/LAURIE 117348 45.39 COLUMBIA HEIGHTS I 117349 5,581. 28 DEX MEDIA EAST LLC 11 7350 179.53 ESCHELON 117351 154.31 GENUINE PARTS/NAPA AUTO 11 7352 210.36 GRAVES/MATTHEW 117353 150.00 HANSON/SHELLY 117354 11.67 KIWI KAI IMPORTS 117355 2,956.91 MC GARRY/MAUREEN 117356 399.64 METRO COMMUNICATIONS SER 117357 2,775.02 PETTY CASH - KAREN MOELL 11 7358 196.23 PETTY CASH - NICOLE JOUP 117359 165.91 QUALITY WINE & SPIRITS 117360 16,472.91 TDS METRO COM 117361 1,039.80 VERIZON WIRELESS 117362 147.77 WELLS FARGO BANK 11 7363 3,482.33 XCEL ENERGY (N S P) 11 7364 17,622.40 AMERICAN BOTTLING COMPAN 117369 165.53 BELLBOY CORPORATION 117370 2,868.12 'I CHISAGO LAKES DISTRIBUTI 117371 5,805.37 COOPER/JILL 11 73 72 25.00 0 EXTREME BEVERAGE 117373 320.00 FERRARO/NICK 117374 125.38 FRIDLEY LITTLE LEAGUE 117375 175.00 G & K SERVICES 117376 88.77 GENUINE PARTS/NAPA AUTO 11 73 77 170.15 GRIGGS-COOPER & CO 117378 1,329.70 HOHENSTEINS INC 117379 3,737.00 JJ TAYLOR DIST OF MN 117380 35,326.35 JOHNSON BROS. LIQUOR CO. 117381 4,538.66 KAPSNER/WARREN 117382 250.00 KENNEDY & GRAVEN 117383 90.00 KUETHER DIST. CO. 117384 25,859.60 MEDICINE LAKE TOURS 117385 2,070.00 PETTY CASH - LIZ BRAY 117386 27.96 POSTAGE BY PHONE RESERVE 117387 6,000.00 PURTLE/DAVID 117388 1,590.00 REISEWITZ/LORAINE 117389 49.00 SANTILLO/GLORIA 117390 49.00 VERIZON WIRELESS 117391 73.01 WINDSCHITL/KEITH 117392 49.83 ACE HARDWARE 117393 85.04 ALL SAFE FIRE & SECURITY 117394 130.20 ACS FINANCIAL SYSTEM 06/09/2006 07 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 BANK VENDOR Check History 06/12/2006 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT ALLIED/BFI WASTE SYSTEMS ALLINA HEALTH SYSTEM AMERIPRIDE ANCOM COMMUNICATIONS INC ANOKA COUNTY - ES ARMOR HOLDINGS FORENSICS ASTLE FORD INTERNATIONAL ATLAS AUTO BODY, INC BAKER & TAYLOR BAKER & TAYLOR ENTERTAIN BALDINGER/WENDY BEISSWENGER'S HARDWARE BIFF'S,INC. BONESTROO ROSENE ANDERLI BOYER TRUCK PARTS BROCK WHITE CO. BRYAN ROCK PRODUCTS, INC BUETOW AND ASSOCIATES IN CATCO PARTS SERVICE CCP INDUSTRIES CINTAS FIRST AID-SAFETY CITY PAGES CITY WIDE LOCKSMITHING CLARK PRODUCTS INC COBALT ELECTRIC COLUMBIA HEIGHTS RENTAL COLUMBIA PARK MEDICAL GR COMMERCIAL POOL-SPA SUPP CYS UNIFORMS DAHLGREN SHARDLOW & UBAN DAVES SPORT SHOP DEMCO, INC. DOYLE LOCK SUPPLY EBERT CONSTRUCTION EGAN OIL COMPANY ELK RIVER FORD EMBROIDERY & MORE EMERGENCY AUTOMOTIVE TEC FIDELITY SERVICES INC FLEX COMPENSATION, INC FLOORS NORTHWEST INC FRANGALE/ANNETTE G & K SERVICES GALE GROUP/THE GENERAL REPAIR SERVICE, GIS RANGERS LLC GOODIN CO. -...:) I-' 117395 117396 11 7397 117398 117399 11 7400 117401 11 7402 11 7403 11 7404 117405 11 7406 11 7407 117408 117409 117410 11 7411 117412 11 7413 11 7414 11 7415 11 7416 117417 11 7418 117419 117420 11 7421 11 7422 11 7423 117424 11 7425 11 7426 117427 117428 117429 11 7430 117431 117432 117433 11 7434 117435 117436 117437 117438 117439 11 7440 117441 88,096.61 267.00 76.38 209.18 90.00 35.00 115.29 836.00 1,996 .61 533.90 195.00 1,889.29 720.73 1,753.35 246.69 447.65 1,287.72 195.22 2.77 180.40 230.46 450.00 255.00 413.44 1,585.46 159.60 279.00 1,939.20 9.53 4,394.88 53.24 160.71 181. 90 70,900.00 18,296.44 59,718.90 430.00 380.21 4,884.61 168.00 987.56 150.00 836.51 167.05 2,780.98 4,454.94 36.11 ACS FINANCIAL SYSTEM 06/09/2006 07 BANK VENDOR Check History 06/12/2006 COUNCIL LISTING CHECK NUMBER BANK CHECKING ACCOUNT GREEN LIGHTS RECYCLING GUTKAES/KAREN HEIGHTS BAKERY HEIGHTS ELECTRIC INC. HOME DEPOT #2802 HOTSY EQUIPMENT OF MINN HSBC BUSINESS SOLUTIONS IDEAL ADVERTISING INC. INTEGRATED LOSS CONTROL IPC PRINTING KASLOWjGLEN KEEP INC/THE KENNEDY & GRAVEN KIWANIS COLUMBIA HTS-FRI KIWANIS GOLDEN K FRID-CO LYLE SIGNS INC MAC QUEEN EQUIPMENT CO. MACTA MCFOA - TREASURER MEDICS TRAINING INC MENARDS CASHWAY LUMBER-F MES-MID AMERICA METRO FIRE, INC MIDWAY FORD MIDWEST ASPHALT CO. MINNEAPOLIS SAW CO. MINNESOTA DEPARTMENT OF MN DEPARTMENT OF PUBLIC MN DEPT OF ADMINISTRATIO MOUNTAIN STATES LIGHTING MTI DISTRIBUTING MURLOWSKI PROPERTIES INC NADSC APPRAISAL GUIDES NATIONAL WATERWORKS, INC NEOPOST INC NFPA INTERNATIONAL NORTHERN WATER WORKS SUP OFFICE DEPOT PEPSI-COLA-7 UP PIONEER PRESS PROGRESSIVE CONSULTING E QUICKSILVER EXPRESS COUR RANDOM HOUSE, INC RAPID GRAPHICS & MAILING REED BUSINESS INFORMATIO RENEWED HARDWOOD FLOORS RICOH BUSINESS SYSTEMS '1 tv 11 7442 11 7443 11 7444 11 7445 11 7446 117447 117448 117449 11 7450 11 7451 11 7452 11 7453 11 7454 117455 11 7456 117457 11 7458 11 7459 11 7460 11 7461 11 7462 11 7463 117464 117465 11 7466 117467 11 7468 11 7469 11 74 70 117471 11 74 72 117473 117474 117475 117476 117477 117478 117479 11 7480 117481 11 7482 11 7483 117484 117485 117486 117487 117488 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 AMOUNT 1,039.69 37.10 18.00 4,620.11 342.95 535.09 73.45 7,139.75 704.00 158.23 99.99 37.36 38.00 500.00 500.00 330.87 1,509.22 40.00 105.00 300.00 437.35 7,578.62 69.80 100.00 4,007.45 30.00 8,302.00 175.00 37.00 1,258.92 41.51 15.00 70.00 1,025.16 8,284.10 135.00 2,813.35 1,210.84 421.00 257.79 760.00 11.42 1,064.00 1,261.00 500.32 1,000.00 432.29 ACS FINANCIAL SYSTEM 06/09/2006 07 BANK VENDOR Check History 06/12/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 AMOUNT BANK CHECKING ACCOUNT ROYAL CONCRETE PIPE INC 11 7489 286.54 SCHINDLER ELEVATOR CORP 117490 1,103.09 SCHOOLHOUSE MAGAZINE 11 7491 7.95 SHI 117492 316.31 SHORT ELLIOT HENDRICKSON 117493 3,418.11 STAPLES BUSINESS ADVANTA 117494 274.98 STREICHER'S GUN'S INC/DO 11 7495 657.05 SUN PUBLICATION 117496 444.98 TR COMPUTER SALES 117497 400.00 TRANS-ALARM INC 117498 261.76 TRUGREEN CHEMLAWN 117499 780.65 TUBBS/MARSHA 117500 35.69 UNITED RENTALS NORTHWEST 11 7501 3,089.61 URBAN LAND INSTITUTE 11 7502 190.00 VALPAK OF MINNEAPOLIS/ST 11 7503 800.00 VERIZON WIRELESS 117504 116.07 VIKING ELECTRIC SUPPLY 117505 63.40 VOGEL PAINT & WAX COMPNA 11 7506 2,405.44 WATER ENVIRONMENT FEDERA 117507 97.00 WW GRAINGER,INC 117508 38.44 XCEL ENERGY (N S P) 117509 64.31 ZARNOTH BRUSH WORKS, INC 117510 1,707.30 ZEP MANUFACTURING COMPAN 117511 302.10 '.J 591,229.11 *** VJ ACS FINANCIAL SYSTEM 06/09/2006 07 BANK VENDOR REPORT TOTALS: "l ~ CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 6 Check History 06/12/2006 COUNCIL LISTING CHECK NUMBER AMOUNT 591,229.11 RECORDS PRINTED - 000833 ACS FINANCIAL SYSTEM 06/09/2006 07:51:30 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 212 225 240 261 410 411 412 415 420 431 432 433 439 481 601 602 603 604 609 ~-1 '-.:)2 iJl1 o ,', /5 881 883 884 887 DISBURSEMENTS GENERAL COMMUNITY DEVELOPMENT FUND STATE AID MAINTENANCE CABLE TELEVISION LIBRARY TWENTY-FIRST CENTURY GRANT SHEFFIELD REDEVLPMNT:NON-TIF CAPITAL IMP-GEN GOVT. BLDG CAPITAL IMPROVEMENT PARKS CAPITAL IMPRVMT - PIR PROJ CAP IMPROVEMENT-DEVELOPMENT CAP EQUIP REPLACE-GENERAL CAP EQUIP REPLACE-SEWER CAP EQUIP REPLACE-WATER FIRE CAPITAL EQUIPMENT ANOKA JLEC:POLICE COMPTR EQP WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR WATER CONSTRUCTION FUND SEWER CONSTRUCTION FUND CENTRAL GARAGE DATA PROCESSING FISCAL AGENCY: GIS RANGER CONTRIBUTED PROJECTS-REC CONTRIBUTED PROJECTS-GEN INSURANCE FLEX BENEFIT FUND 67,210.08 1,815.95 2,327.63 40.00 7,530.97 137.87 4,394.88 75,096.45 1,753.35 3,983.35 56.34 19,906.30 19,906.30 19,906.30 1,885.04 2,085.25 23,399.11 4,340.73 90,136.30 465.34 199,054.40 95.85 1,619.84 28,838.91 1,649.66 4,454.94 7,397.80 915.12 657.05 168.00 591,229.11 TOTAL ALL FUNDS BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 591,229.11 591,229.11 CITY COUNCIL LETTER Meeting of: June 12,2006 AGENDA SECTION: ORDINANCES AND RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 6A ADMINISTRATION APPROVAL " !0/~-/~~ i-- ITEM: PUBLIC HEARING AND FIRST READING OF BY: CHARTER COMMISSION BY: '>(:u Z >:t '- ~ PROPOSED CHANGES TO THE CITY CHARTER, DATE: DATE: CHAPTER 2, SECTION 7 PERTAINING TO FORM OF GOVERNMENT NO: Throughout 2005, the Charter Commission has again studied the issue of dividing the city into wards/districts. In addition, they have discussed adding two councilmembers at large. An in- depth study was done comparing cities of like size via information received from the League of Minnesota Cities. After considerable discussion throughout 2005, the Charter Commission has passed, on two separate readings, proposed revisions to the City Charter to accomplish this. These charter changes were presented to the City Council at a work session on April 3, 2006. The City Council has the option of approving the proposed changes unanimously. If the City Council does not pass them unanimously, they can send it back to the Charter Commission. The Charter Commission then has 60 days in which to respond to any council action/suggested revisions, per Minnesota Statutes 410.12. The Charter Commission will then determine if they wish to pursue the changes or not, or to put this issue on the ballot at the next regular election. At the work session of April 3, 2006, the Charter Commission and the City Council met to discuss the proposed changes mentioned above. At that meeting, the City Council suggested that a transition/implementation schedule should be incorporated into the proposed ordinance to reflect all the changes proposed as well as how and when they would take place. Therefore, the Charter Commission met on April 20 and April 26, 2006, to discuss this suggestion and approve wording regarding a transition/implementation schedule. The Charter Commission concluded a transition/implementation schedule should be included, and they have held their two readings on the revised wording which is included on the attached ordinance. Attached is: -Ordinance No. 1509, amending Chapter 2, Sections 7 of the City Charter pertaining to UForm of Government" which also includes wording on a transition/implementation schedule - Informational paper from the League of Minnesota Cities presenting a summary of disadvantages and advantages of ward systems -Other ideas to consider -Listing of eleven cities that have populations similar to Columbia Heights and have ward systems -Minutes of the special meeting of the Charter Commission of April 26, 2006 (not yet approved), the regular meeting of April 20, 2006 (not yet approved), and the special meeting of February 16, 2006 -Maps showing population by quadrant using 44th Avenue and Central Avenue for dividing lines and 43rd Avenue and Central Avenue for dividing lines for possible ward districts -Minutes from the regular meeting of the Charter Commission of January 19,2006 -Excerpts from the regular meeting of the Charter Commission of October 20, 2005, July 21, 2005, April 21, 2005, and January 20, 2005 RECOMMENDED MOTION: Move to close the public hearing on Ordinance No. 1509, an ordinance pertaining to Chapter 2, Section 7 of the City Charter, UForm of Government". and to waive the first reading of Ordinance No. 1509, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1509 at approximately 7 p.m. on Monday, June 26,2006, in the City Hall Council Chambers. I COUNCIL ACTION, -76- ORDINANCE NO. 1509 BEING AN ORDINANCE AMENDING CHAPTER 2, SECTIONS 6, 7, 8, AND 9 OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO "FORM OF GOVERNMENT" The City of Columbia Heights does ordain: Chapter 2, Sections 6, 7, 8, and 9, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 6. FORM OF GOVERNMENT. The form of government established by this charter shall be known as the "Council-Manager Plan." Section 7. ELECTIVE OFFICES. The council shall be composed of a mayor and four council members who shall be qualified electors, and who shall be elected at large in the manner hereinafter provided. The four council members shall serve for a term of four years and until their successors are elected and qualified. The Mayor shall serve for a term of two years and until a successor is elected and qualified. The council shall be judge of the election of the mayor and council members. Section 8. INCOMPATIBLE OFFICES. No member of the council shall hold any paid municipal office or employment under the City of Columbia Heights, and until one year after the expiration of that member's term as council member no former member shall be appointed to any paid office or employment under the city which office or employment was created or the emoluments of which were increased during that member's term. Section 9. VACANCIES IN THE COUNCIL. A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, cessation as a resident of the city, continuous absence from the city for more than three months, conviction of a felony of any such person whether before or after qualification, the failure of any council member without good cause to perform any of the duties of membership in the council for a period of three months or for any other cause as may be provided for in Minnesota Statutes, as amended. In each such case, at the next regular meeting following receipt of notice by the council of one of the foregoing conditions, the council shall by resolution declare such vacancy to exist unless further investigation is required. Notice of said vacancy shall be posted at city hall for a period of two (2) weeks from the date of the adoption of the resolution declaring said vacancy. Notice shall also be published in a designated city newspaper for a period of two (2) weeks as soon as possible after the date of the adoption of said resolution, with the publication being completed no later than thirty (30) days from said date. Applications shall be sought and accepted from individuals interested in filling the vacancy, which applications shall be submitted to city hall, to the attention of the City Clerk, within 45 days from the date of said resolution. The council shall interview each of the applicants within 30 days from the close of the application period, and shall conduct said interviews in an agreed upon uniform manner as a council. After said 30 day period, the council shall make its appointment from the pool of applicants within 15 days, whether done so at a regular council meeting or a special meeting. The individuals so appointed shall fill said vacancy until the next regular municipal election, when the office shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter set forth; provided, however, that if a vacancy is declared by resolution after March 31 st in the year of a regular municipal - 77 -m, then the appointment process as set forth herein shall not take effect and any such vacancy shall continue to exist until said election, at which time the vacancy shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter provided. Notwithstanding anything to the contrary herein, any vacancy resulting from a recall election or from a resignation following the filing of a recall petition shall be filled in the manner provided in such case. Shall be amended to read: Section 6. FORM OF GOVERNMENT. The form of government established by this charter shall be known as the "Council-Manager Plan." Section 7. ELECTIVE OFFICES. The council shall be composed of the mayor, elected at-large, two councilmembers elected at-large, and four councilmembers, each of whom shall be elected from a separate ward as established or amended pursuant to this charter. The mayor and councilmembers shall be qualified electors. Each councilmember elected from a ward shall be a resident of the ward. However, the following circumstances shall not disqualify a councilmember from serving the remainder of a term: (i) a change in ward boundaries; or (ii) cessation as a resident of the ward from which elected, so long as the councilmember remains a resident of the City. Except as hereinafter provided, councilmembers shall serve for a term of four years and until a successor is elected and qualifies. The mayor shall serve for a term of two years and until a successor is elected and qualifies. The elections for the mayor and councilmembers shall be held as provided herein. Section 7a. WARDS. The City shall be divided into four separate wards. The boundaries of such wards shall be determined by ordinance based upon population as determined by the most recent federal census and shall be as equal in population as practicable. A ward must be composed of a compact and contiguous territory. Review of the ward boundaries must be made by the Council and the wards reapportioned by ordinance no later than two years after the year in which a federal census is taken so that the populations of the wards are as equal as practicable. Section 7b. TRANSITION SCHEDULE. For the 2008 City election: (i) One (1) councilmember shall be elected from each of the four (4) Wards. (ii) No councilmembers shall be elected at-large. (iii) The Mayor shall be elected at-large. For the 2010 City election: (i) Two (2) councilmembers shall be elected at-large. (ii) The Mayor shall be elected at-large. Section 8. INCOMPATIBLE OFFICES. No member of the council shall hold any paid municipal office or employment under the City of Columbia Heights, and until one year after the expiration of that member's term as council member no former member shall be appointed to any paid office or employment under the city which office or employment was created or the emoluments of which were increased during that member's term. Section 9. VACANCIES IN THE COUNCIL. A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, cessation as a resident of the city, continuous absence from the city for more than three months, conviction ofa felony of any such person whether before or after qualification, the failure of any council member without good cause to perform any of the duties of membership in the council for a period of three months or for any other cause as may be provided for in Minnesota Statutes, as amended. In each such case, at the next regular meeting following receipt of notice by the council of one of the foregoing conditions, the council shall by resolution declare such vacancy to exist unless further investigation is required. Notice of said vacancy shall be posted at city hall for a period of two (2) weeks from the date of the adoption of the resolution declaring said vacancy. Notice shall also be published in a designated city newspaper for i - 78 - d of two (2) weeks as soon as possible after the date of the adoption of said resolution, with the publication being completed no later than thirty (30) days from said date. Applications shall be sought and accepted from individuals interested in filling the vacancy, which applications shall be submitted to city hall, to the attention of the City Clerk, within 45 days from the date of said resolution. The council shall interview each of the applicants within 30 days from the close of the application period, and shall conduct said interviews in an agreed upon uniform manner as a council. After said 30 day period, the council shall make its appointment from the pool of applicants within 15 days, whether done so at a regular council meeting or a special meeting. The individuals so appointed shall fill said vacancy until the next regular municipal election, when the office shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter set forth; provided, however, that if a vacancy is declared by resolution after March 31 st in the year of a regular municipal election, then the appointment process as set forth herein shall not take effect and any such vacancy shall continue to exist until said election, at which time the vacancy shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter provided. Notwithstanding anything to the contrary herein, any vacancy resulting from a recall election or from a resignation following the filing of a recall petition shall be filled in the manner provided in such case. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk -79- L-gu 0/ Mi.n... CiGu CiGu promoting -&"QJ League of Minnesota Cities 145 University Avenue West, St Paul, MN 55103.2044 (651) 281-1200 · (800) 925-1122 Fax: (651) 281-1299 · TOO: (651) 281.1290 www.lmnc.org Advantages and Disadvantages of the Ward System in Home Rule Charter Cities By Rylee Retzer, Staff Attorney, Charter Assistance Program Standard Arguments for both propositions: Advantages of the Ward System · As citizens vote only for candidates in their ward, the ballot is shorter and simpler. · Voters are more likely to have direct, personal knowledge about qualities of those who seek to represent them, and thereby Will make a more intelligent choice. · After the election, the council member will keep in closer touch with his or her constituents. · Insofar as wards have special interests, these will be represented. · Insofar as wards contain distinct social, ethnic, and economic groups, the council will be a better cross-section of the population. · If a minority is concentrated in one geographical area, the ward system increases its chance of securing some representation on the council. · The campaign costs to a council candidate are lower. · Election by wards tends to attract ore candidates to run for office. · Each geographical area of the city will be assured some representation. · Council members will be able to have closer contact with their constituents and be more responsive to their needs. Disadvantages of the Ward System · Ward boundaries do not necessarily delineate homogenous areas. Therefore, there may not be a ward interest that would justify separate representation. · Voters in one ward may fInd there is no candidate in the ward they can wholeheartedly support, and that there is a candidate in another ward who would more fully represent their support, and that there is a candidate in another ward who would more fully represent their views. The ward system prevents these voters from fully exercising their freedom of choice. -80- · In some wards there may be difficulty in finding qualified candidates who are willing to run for office so that the voters' range of choice is restricted and the quality of the council may be lowered. · Wards encourage a spirit oflocalism since the basis of selection tends to be service to the ward, not the city. · Wards may foster divisive competition for scarce resources. · Politically active or special interest groups may be over represented by targeting certain wards. · Once established, ward boundaries are difficult to change. Redistricting may be expensive. · Election will be more expensive as more polling places and election judges will be needed. It may be more difficult for the voter to find the correct polling place. CNOTEj Tlils..'WQldq not be the case. tn Coll!mb(a tte.tgli.thl -81- PROS AND CONS OF Vv ARDSJDISTRICTS: PROS CONS Dts are shorter and simpler. Ward boundaries do not necessarily delineate homogenous areas so there may not be a ward interest that would justify separate representation. ~rs likely to have direct, personal knowledge about qualities of Some voters may fmd there is no candidate in their ward they want to e seeking to represent them, thereby making a more intelligent support, but there's another candidate in another ward they would. lce. ~r the election, the council member will keep in closer touch with It's possible in some wards there will be difficulty in fmding qualified and her constituents. interested candidates. )far as wards have special interests, these will be represented. Wards can encourage a spirit of localism since the basis of selection tends to be service to the ward. lfar as wards contain distinct social, ethnic, and economic groups, Wards may foster divisive competition for scarce resources. council will be a better cross-section of the entire city. ,minority is concentrated in one geographic area of the city, the Politically active or special interest groups may be overrepresented by rd system increases its chance of securing some representation on targeting certain wards. council. mpl: ~ 1 costs to a cowlcil candidate would be much lower, as the Once established, boundaries are difficult to change, and redistricting may be ldid N would have to only canvass a specific area of the city, not expenSive. i whOle city (unless they were running for an at-large position). ch geographical area of the city will be assured some If no one decided to run in a specific quadrant, write-in candidates would be a )resentation, thus not leaving anyone feellik.e they are not possibly, as well as the council appointing the current member or someone ~presented" from their area. new. A special election is also a possibly in this case. lunCi! members will be able to have closer contact with their nstituents and be more response to their needs. the city considers the wards/districts option, it would be a good ne to also consider increasing the size of the council and possibly creasing the length of term for the Mayor. may be an opportunity to get younger people to run for office, as ell as minorities. lcreases in population in certain quadrants (Le., Industrial Park, The ofts, NEI site, Mady's Bowling Alley/Salvation Army site) of the ity due to developmentlredevelopment may change some of the roposed Quadrants currently being looked at. nections could be less expensive, as fewer polling places and :lection iudges will be needed. loters might find it less difficult to find their correct polling place nitially. LISTING OF CITIES WITH LIKE POPULATIONS THAT HAVE W ARDSIDISTRICT: o Albert Lea (population 18,079) o Austin (population 23,670) o Crystal (population 22, 840) o Hastings (population 19,202) o Northfield (population 17,846) o Ramsey (population 18,830) o Owatonna (population 23,082) o Red Wing (population 16,269) o West St. Paul (population 19,650) o White Bear Lake (population 24,874) and o Willmar (population 18,512). -83- Wednesday, April 26, 2006 - 7:00pm Gauvitte Room - Murzyn Hall /. ~~ ~~ ~~ ;,y (/~ --fA ~ ~~ Dh~~ ~"" .. City of Columbia Heights Charter Commission Minutes from Special Meeting 1. Meeting Called to order at 7:04 pm by President Hartel. 2. Roll Taken by Secretary Dan Vogtman. Present: Bob Buboltz, Mike Hartel, Jim Jolmson, Kathleen Korday, Carolyn Laine, Mike Patiuk, Lori Ritzko, Joe Sturdevant, Joseph Sturdevant, Dan Vogtman Absent Excused: Nicole Druckrey Absent Unexcused: Barb Gertsema, Nancy King, Scott Kyseth Also Present: Jim Hoeft, City Attomey. City Council Member Bruce Nawrocki 3. Approval of minutes from 4/20/06 tabled until next meeting. 4. Old Business A. Second Reading of proposed wording for Implementation of Wards Discussion on the reading: President Hartel summarized the changes made, and discussed that we had read, and approved the 1 st reading of the change. The change was the removal of the last sentence of section 7 a. Councilmember Nawrocki asked why wait until 2010 to implement the system in whole. Commissioner Laine, Commissioner Joe Sturdevant, Commissioner Vogtman, and President Hal1el discussed the logic behind the implementation schedule. Councilmember Nawrocki was concerned two people from the same ward may have to compete. Councilmember Nawrocki inquired if this implementation schedule was for the benefit of the existing Council, or the voters. It was discussed by various Commissioners with Councilmember Nawrocki that by staggering the Ward/At-Large positions, it would be easier to communicate to the voters. Additionally, various Commissioners made the point that tIns transition schedule would align with upcoming tenn expirations, so it would allow Councilmembers voted in in 2006 to serve full 4 year terms. Councilmember Nawrocki also mentioned with all the changes in the city, populations would be constantly changing. He mentioned being able to use the Met Council population surveys as a way to change districts. President Hartel offered that in the wording, this is addressed and the wording allows for changes to be made after Federal Census counts. -84- Councilmember Nawrocki also inquired about the legal timetable based on Minnesota Statutes and quoted a statute. City Attorney Hoeft mentioned that that statute did not apply in this situation. Hoeft said this was discussed at previous Charter Commission meetings, and was also discussed ~lt a previous City Council meeting. He said the Charter Commission controls the timetable, and if the body does not feel the City Council is acting in a timely manner, then the Commission body can take action to move it to a vote by the voters. There was additional discussion about Councilmember Nawrocki's concerns with the language and philosophy. He mentioned that he was concerned about the added cost to the voters of having an additional two Councilmembers. Motion was mad by Commissioner Johnson to approve the Second Reading of the Language, Seconded by Bub Buboltz. Ayes 10, Nays 0, Abstentions 0 by voice vote 5. No New Business 6. Next Regular IvJeeting in July, or possibly earlier at discretion of President Hartel. 7. Motion to adjOl:rn by Commissioner Joseph Sturdevant, Seconded by Bob Buboltz. Ayes 10, Nays 0, Abstentions 0 by voice vote Meeting adjourned at 7:35pm. Respectfully Submitted, Dan Vogtffian Secretary -85- OFFICIAL MINUTES OF THE REGULAR MEETING OF THE CHARTER COMMISSION THURSDAY, APRIL 20, 2006 7:00 P.M. KEYES ROOM MURZYN HALL Call to Order The meeting was called to order by President Mike Hartel at 7:05 p.m. Roll Call Members present: fit 4tots~ S~ ~4'U ~4t 4/J~~S Ii I?O~ ~ v~ ~l? Bob Buboltz (7:43 p.m.), Nicole Druckrey, Mike Hartel, Jim Johnson, Carolyn Laine, Mike Patiuk, Lori Ritzko, Joe Sturdevant, Joseph Sturdevant, Dan Vogtman Members absent and excused: Barb Gertsema, Nancy King, Katy Korday Scott Kyseth Members absent and unexcused: Council Liaison, Tami-Ericson Diehm, was unable to attend; however, Councilmember Bruce Kelzenberg attended on her behalf. Also present: Jim Hoeft, City Attorney; Carole Blowers, Recording Secretary Approval of Minutes of February 16,2006: Motion by Commissioner Sturdevant, seconded by Commissioner Laine to approve the minutes of February 16, 2006. Motion passed unanimously. Correspondence The Recording Secretary stated that numerous e-mails had been sent to commission members advising them of the work session which was held on April 3 rd , the results of that meeting, and upcoming charter commission meetings (regular and special). Old Business Discussion on Districts/Wards President Hartel stated that the purpose of this meeting tonight was to consider the proposed amendments to Chapter 2 with a transition/implementation schedule as a first reading on the commission level. President Hartel was asked to recap the events of the work session of April 3, 2006, where our proposed ordinance was discussed. President Hartel stated that the city council asked the Charter Commission about having a transition/implementation plan for dividing the city into wards and how the elections would allow for filling the positions in the wards. In further discussions and thought on this subject, it was detennined that it would be imperative for changing both the wording to divide the city into wards and add two councilmembers at large, AND have wording in the charter on how tlus was all to be implemented in one ordinance. Thus, President Hmiel asked the City Attorney to come up with implementation language to add to the chmlges previously discussed and passed at the Charter Commission level. Commission members were provided tonight with wording put together by the City Attorney's office reflecting proposed changes to date as well as wording for a transition/implementation schedule. The wording discussed tonight Charte - 86 -lission April 20, 2006 suggests adding two new councilmembers and implementing the ward system in 2008. Other scenarios were discussed. The seats of councilmembers Tami Ericson-Diehm and Bruce Kelzenberg are up in 2006. They have four year terms. The seat of Mayor is also up in 2006. The Mayor's seat is for a two year term. It was asked if we could stmi the ward system in 2006? President Hartel stated the city council would need time to establish the wards. It was questioned if we would need language addressing the boundaries of the wards in the first reading. The maps the commission has looked at are based on the best information we have at the time. After that, the city council will review the boundaries on an ongoing basis. Jim Hoeft reminded the commission members that this new language would go to the city council at a work session (the next one is tentatively set for May 18th at 7 a.m.) and would require two readings on the part of the city council and one public hearing. It was asked if we could put the referendum on a primary election. (Note: The primary election will be September 12,2006.) President Hmiel stated that our proposed wording changes and the implementation schedule should be forwarded to the City Council all at one time. The Charter Commission needs to also hold two readings on this latest version presented tonight. We do have 53 days prior to the election to provide the wording to the county. If the city council does not act on our proposal, we can put it on the ballot. The language tonight considered is as follows: PROPOSED CHANGES TO CHAPTER 2 FORM OF GOVERNMENT (Note: Underlined material indicates new language; crossed out material indicates current language to be deleted.) Section 6. FORM OF GOVERNMENT. The form of government established by this charter shall be known as the "Council-Manager Plan." Section 7. ELECTIVE OFFICES. The council shall be composed of a the mayor. elected at-large. two councilmembers elected at-large, and four council members. each of whom whe shall be qualified electors, and who shall be elected from a separate ward as established or amended pursuant to this charter. at large in the mmmcr hereinafter provided. The mayor and councilmembers shall be qualified electors. Each council member elected from a ward shall be a resident ofthe ward. However. the following circumstances shall not disqualify a councilmember from serving the remainder of a term: (1 ) a change in ward boundaries; or (in cessation as a resident of the ward from which elected. so long as the councilmember remains a resident ofthe City. Except as hereinafter provided. councilmembers The four council members shall serve for a tenn of four years and until their ~ successors is are elected and qualifie~4. The mayor shall serve for a term oftwo years and until a successor is elected m1d qualifie~4. The council shall be judge of the elections ef for the mayor m1d councilmembers shall be held as provided herein. (Ordinance No. 1466, passed December 15, 2003) (Ordinance No. 1300, passed April 10, 1995) Charte - 87 -lission April 20, 2006 P""p? Section 7a. WARDS. The City shall be divided into four separate wards. The boundaries of such wards shall be determined by ordinance based upon population as determined by the most recent federal census and shall be as equal in population as practicable. A ward must be composed of a compact and contil!uous territory. Review of the ward boundaries must be made by the Council and the wards reapp01iioned by ordinance no later than two years after the year in which a federal census is taken so that the populations of the wards are as equal as practicable. The wards of the City are those described herein on the effective date of this Chmier amendment. Section 7b. TRANSITION SCHEDULE. For the 2008 city election: (i) One (1) councilmember shall be elected from each ofthe four 4 Wards. ii No councilmembers shall be elected at lar e. Hi The Mayor shall be elected at-large. For the 2010 City election: en Two (2) councilmembers shall be elected at-large. (ii) The Mayor shall be elected at-large. Section 8. INCOMPATIBLE OFFICES. No member of the council shall hold any paid municipal office or employment under the City of Columbia Heights, and until one year after the expiration ofthat member's term as council member no former member shall be appointed to any paid office or employment under the city \vhich office or employment ',vas created er-the emoluments of which were increased during that member's term. (Ordinance No. 1086, passed June 11, 1984) Section 9. VACANCIES IN THE COUNCIL. A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, cessation as a resident of the city, continuous absence from the city for more than three months, conviction of a felony of any such person whether before or after qualification, the failure of any council member without good cause to perform any of the duties of membership in the council for a period of three months or for any other cause as may be provided for in Minnesota Statutes, as amended. In each such case, at the next regular meeting following receipt of notice by the council of one of the foregoing conditions, the council shall by resolution declare such vacancy to exist unless further investigation is required. Notice of said vacancy shall be posted at city hall for a period oftwo (2) weeks from the date of the adoption of the resolution declaring said vacancy. Notice shall also be published in a designated city newspaper for a period of two (2) weeks as soon as possible after the date of the adoption of said resolution, with the publication being completed no later than thirty (30) days from said date. Applications shall be sought and accepted from individuals interested in filling the vacancy, which applications shall be submitted to city hall, to the attention of the City Clerk, within 45 days from the date of said resolution. The council shall interview each ofthe applicants within 30 days from the close of the application period, and shall conduct said interviews in an agreed upon uniform manner as a council. After said 30 day period, the council shall make its appointment from the pool of applicants within 15 days, whether done so at a regular council meeting or a special meeting. The individuals so appointed shall fill said vacmlCY until the next regular municipal election, when the office shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter set forth; provided, however, that if a vacancy is declared by resolution after March 31 st in the year of a regular municipal election, then the appointment process as set f01ih herein shall not take effect and any such vacancy shall continue to exist until said election, at which time the vacancy shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter provided. Notwithstanding anything to the contrary herein, any vacancy resulting from a recall election or from a resignation following the filing of a recall petition shall be filled in the maimer provided in such case. (Ordinance No. 1331, passed September 23, 1996) (Ordinance No. Charte - 88 -aission April 20, 2006 Paffe 3 1086, passed June 11, 1984) There was continued discussion regarding the last sentence proposed in Section 7 A. WARDS. Motion by Conullissioner Druckrey, seconded by Commissioner V o gtm an, to approve the above proposed language on a second reading, omitting the last sentence of Section 7 A and adding Section 7B, at the commission level, and to forward it to the City Council. Vote on the above motion: Ayes: Buboltz, Druckrey, Haliel, Johnson, Laine, Patiuk, Ritzko, Sturdevant, Vogtman Nayes: None (Absent: Buboltz (anived just after vote taken), Gertsema, King, Korday, Kyseth). Motion passed. President Hmiel said he would expect this issue to be put on the next possible council work session, which it appears to be May 18, 2006, at 7 a.m.. Charter Commission members are certainly invited to attend the work session meeting as well, but President Hartel will be there to represent the commission as a whole. Next Meeting Date Because there needs to be a second reading of this just voted upon wording including the implementation schedule, President Hartel asked the commissioners if they would like to set a special meeting next week to hold this second reading. After polling members in attendance about next Thursday, April 27th, there appeared there would not be a quorum. After polling members in attendance about next Wednesday, April 26th, it appeared there would be a quorum. Therefore, a special meeting of the Charter Commission will be held on Wednesday, April 26th at 7 p.m. The location of the meeting will be figured out as soon as possible, and commission members will be advised of the location by the Recording Secretary. Adjournment Motion by Commissioner SturdeVallt, seconded by Commissioner Laine to adjourn the meeting at 7:58 p.m. Special Projects Coordinator Jean Kuelm arrived to take a photo of the Charter Commission members present at tonight's meeting for the time capsule that is being planned in conjunction with the Peace Clock dedication in June (during Jamboree). Respectfully submitted, Carole J. Blowers, Recording Secretary (Maps to be attached) Charter - 89 -ission April 20, 2006 Pa!!e 4 OFFICIAL MINUTES OF THE SPECIAL MEETING OF THE CHARTER COMMISSION THURSDAY, FEBRUARY 16,2006 7:00 P.M. GAUVITTE ROOM MURZYN HALL Call to Order The special meeting was called to order by President Mike Hartel at 7:05 p.m. Roll Call Members present: Bob Buboltz, Nicole Druckrey, Barb Gertsema, Mike Hartel, Jim Johnson, Nancy King, Carolyn Laine, Mike Patiuk, Lori Ritzko, Joe Sturdevant, Dan V ogtman Members absent and excused: Scott Kyseth, Joseph Sturdevant Members absent and unexcused: Katy Korday Council Liaison for 2006, Tami-Ericson Diehm, was present. Also present: Jim Hoeft, City Attorney; Carole Blowers, Recording Secretary Status of Membership President Hartel announced that there is one vacancy on the Charter Commission due to the removal of Clare Schmidt from the commission due to the fact that she has missed four consecutive meetings without being excused. Applications were available for members tonight to take with them if they knew of anyone interested in applying for this commission. Approval of Minutes of January 19,2006: Commissioner V ogtman asked that a correction be made on page 2, second paragraph from the bottom of the page. The correction was to add the words "as originally discussed". Motion by Commissioner V ogtman, seconded by Commissioner Buboltz to make this amendment. Motion by Commissioner Laine, seconded by Commissioner Hartel to approve the minutes of January 19, 2006, with the above correction. Motion passed unanimously. Old Business Discussion on Districts/Wards President Hartel stated that the purpose of this special meeting tonight was to consider the proposed amendments to Chapter 2 as a second reading on the commission level. New maps showing the population figures right now for quadrants considering 43rd Avenue and Central Avenue were passed out tonight for commissioner's information. Using that map and dividing lines, populations were: NW Quadrant 5,495 NE Quadrant 4,950 SWQuadrant 3,916 SE Quadrant 4,159 Previous maps showing the population figures right now for quadrants considering 44th Avenue and Charte - 90 -lission February 16, 2006 D'3 tTP- 1 Previous maps showing the population figures right now for quadrants considering 44th Avenue and Central Avenue were passed out as well, in case people needed that map. Using that map and dividing lines, populations were: NW Quadrant 4,500 NE Quadrant 4,115 SW Quadrant 4,911 SE Quadrant 4,994 Commissioners agreed that using 44th A venue and Central Avenue had a more equal distribution of population. Commissioners were also given information from the City Planner regarding projected increase in housing units for the city. Commission members were provided tonight with wording put together by the City Attorney's office reflecting changes discussed at the January, 2006, meeting. This version addressed the issue of when a councilmember moves from one ward to another in the city, they would still be allowed to finish out their elected term. The City Attorney stated that he felt he should address this in Section 7 instead of Section 9, and the draft provided this evening reflects that. Commissioner Druckrey mentioned that there was a typographical error in the first sentence of Section 7-the last word should be "charter" not "charger". Questions were asked regarding voting to put this item on the ballot. The City Attorney stated that if the City Council did not pass the amendments proposed unanimously, it would take a simple majority vote at the Charter Commission level to put this item on the ballot. Motion by Commissioner Buboltz, seconded by Commissioner Johnson, to approve the amended language on a second reading at the commission level, and to forward it to the City Council (as follows): PROPOSED CHANGES TO CHAPTER 2 FORM OF GOVERNMENT (Note: Underlined material indicates new language; crossed out material indicates current language to be deleted.) Section 6. FORM OF GOVERNMENT. The form of government established by this charter shall be known as the "Council-Manager Plan." Section 7. ELECTIVE OFFICES. The council shall be composed of a the mayor. elected at-large. two councilmembers elected at-large, and four council members, each of whom whe shall be qualified eloetors, and 'who shall be elected from a separate ward as established or amended 'Pursuant to this charter. at large in the manner hereinafte.r pro~;idcd. The mayor and councilmembers shall be qualified electors. Each councilmember elected from a ward shall be a resident of the ward. However, the following circumstances shall not disqualify a councilmember from serving the remainder of a term: (1 ) a change in ward boundaries~ or (ii) cessation as a resident of the ward from which elected. so long as the councilmember remains a resident of the City. Except as hereinafter provided, councilmembers The fOll{' council members shall serve for a term of four years and until theif a successf'r.a;(!.are elected and qualifies4. The mayor shall serve for a - -91- - Charter Commission term of two years and until a successor is elected and qualifie~€l. The council shall be judge of the elections ef for the mayor and councilmembers shall be held as provided herein. (Ordinance No. 1466, passed December 15, 2003) (Ordinance No. 1300, passed April 10, 1995) Section 7a. WARDS. The Citv shall be divided into four separate wards. The boundaries of such wards shall be determined bv ordinance based upon population as detennined bv the most recent federal census and shall be as equal in population as practicable. A ward must be composed of a compact and contiguous territory. Review of the ward boundaries must be made bv the Council and the wards reapportioned bv ordinance no later than two vears after the year in which a federal census is taken so that the populations of the wards are as equal as practicable. The wards of the Citv are those described herein on the effective date of this Charter amendment. Section 8. INCOMPATIBLE OFFICES. No member ofthe council shall hold any paid municipal office or employment under the City of Columbia Heights, and until one year after the expiration of that member's term as council member no former member shall be appointed to any paid office or employment l:lflder the city v/hich office or employment was created er-the emoluments of which were increased during that member's term. (Ordinance No. 1086, passed June 11, 1984) Section 9. VACANCIES IN THE COUNCIL. A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, cessation as a resident of the city, continuous absence from the city for more than three months, conviction of a felony of any such person whether before or after qualification, the failure of any council member without good cause to perform any of the duties of membership in the council for a period of three months or for any other cause as may be provided for in Minnesota Statutes, as amended. In each such case, at the next regular meeting following receipt of notice by the council of one of the foregoing conditions, the council shall by resolution declare such vacancy to exist unless further investigation is required. Notice of said vacancy shall be posted at city hall for a period of two (2) weeks from the date of the adoption of the resolution declaring said vacancy. Notice shall also be published in a designated city newspaper for a period of two (2) weeks as soon as possible after the date of the adoption of said resolution, with the publication being completed no later than thirty (30) days from said date. Applications shall be sought and accepted from individuals interested in filling the vacancy, which applications shall be submitted to city hall, to the attention of the City Clerk, within 45 days from the date of said resolution. The council shall interview each of the applicants within 30 days from the close of the application period, and shall conduct said interviews in an agreed upon unifonn manner as a council. After said 30 day period, the council shall make its appointment from the pool of applicants within 15 days, whether done so at a regular council meeting or a special meeting. The individuals so appointed shall fill said vacancy until the next regular municipal election, when the office shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter set forth; provided, however, that if a vacancy is declared by resolution after March 31 5t in the year of a regular municipal election, then the appointment process as set forth herein shall not take effect and any such vacancy shall continue to exist until said election, at which time the vacancy shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter provided. Notwithstanding anything to the contrary herein, any vacancy resulting from a recall election or from a resignation following the filing of a recall petition shall be filled in the manner provided in such case. (Ordinance No. 1331, passed September 23, 1996) (Ordinance No. 1086, passed June 11, 1984) V ote on the above motion: Ayes: Buboltz, Druckrey, Gertsema, Hartel, Johnson, Laine, Patiuk, Ritzko, Sturdevant, V ogtman Nayes: King AbseI1 - 92 -:day, Kyseth, Sturdevant. Motion passed. Charter Commission Council Liaison Ericson-Diehm asked that the maps the Charter Commission has been looking at be attached to these minutes for review by the City Council. President Hartel said he would expect this issue to be brought up first at a council work session and then to a regular city council meeting. Council Liaison Ericson-Diehm stated that Councilmember Nawrocki will be gone one meeting in March. Charter Commission members felt it would be important to have this on a work session that all city councilmembers would be attending. President Hartel will be in contact with the City Manager to set the date this would be discussed at a council work session. Charter Commission members are certainly invited to attend the work session meeting as well, but President Hartel will be there to represent the commission as a whole. Next Meeting Date The next regular Charter Commission meeting date is April 20, 2006, at 7 p.m. at Murzyn Hall. Adjournment Motion by Commissioner V ogtman, seconded by President-Elect Hartel to adjourn the meeting at 7:25 p.m. Respectfully submitted, Carole J. Blowers, Recording Secretary Attachments-Maps (2) -93- Charter Commission ! I ~ ! 4 Lf+t, + C 'E' V\+"Q I (8.'. ., fr; City of . . ./.. Columbia Heights Population by Quadrant with Census Block Populations ~ .53. o Census Block Data: 2000 Census Map Date: July 20, 2005 Author: Columbia Heights GIS -94- 4-3y-& +- C eY\-+yct f ()"-~ City of . . U Columbia Heights Population by Quadrant o Census Block Data: 2000 Census Map Date: February 15. 2006 Author: Columbia Heights GIS -95- OFFICIAL MINUTES OF THE CHARTER COMMISSION THURSDAY, JANUARY 19,2006 7:00 P.M. GAUVITTE ROOM MURZYN HALL Call to Order The meeting was called to order by President Joseph Sturdevant at 7:02 p.m. Roll Call Members present: Bob Buboltz, Nicole DrucIcrey, Barb Gertsema, Mike Hartel, Jim Johnson, Nancy King, Scott Kyseth, Carolyn Laine, Mike Patiuk (7:12 p.m.), Lori Ritzko, Joe Sturdevant, Joseph Sturdevant, Dan V ogtman Members absent and excused: Katy Korday Members absent and unexcused: Clare Schmidt Council Liaison for 2006, Tami-Ericson Diehm, was present. Also present: Jim Hoeft, City Attorney; Carole Blowers, Recording Secretary Approval of Minutes of October 20, 2005 Motion by Commissioner Buboltz, seconded by Commissioner Hartel, to approve the minutes as submitted for the October 20, 2005, meeting. Motion passed unanimously. Election of Officers President Sturdevant asked commissioners for nominations for President. Motion by Commissioner Johnson to nominate Joe Sturdevant for President. Joe Sturdevant declined the nomination. Motion by Commissioner Laine to nominate Mike Hartel for President. President Sturdevant called for nominations for President three times. There being no further nominations, Mike Hartel was elected President via a white ballot. It was decided that Joseph Sturdevant would continue to run tonight's meeting. President Sturdevant asked commissioners for nominations for Vice President. Motion by Commissioner Sturdevant to nominate Bob Buboltz. President Sturdevant called for nominations for Vice President three times. There being no further nominations, Bob Buboltz was elected Vice President via a white ballot. President Sturdevant asked commissioners for nominations for Secretary. Motion by Commissioner V ogtman to nominate himself. President Sturdevant called for nominations for Secretary three times. There being no further nominations, Dan V ogtman was elected Secretary via a white ballot. Therefore, officers for 2006 are: President Mike Hartel Vice President Bob Buboltz Secretary Dan V ogtman Correspondence The Recording Secretary advised the following correspondence took place since the last meeting in October: . Revisions were made to the City Charter regarding Chapter 7, Section 72, Bonded Debt and Debt Limit, and copies were provided to the Mayor and Council, division heads, charter commission members, local schools, and the League of Minnesota Cities. -96- Charter Commission . The City Attorney's office forwarded a copy of proposed changes to the City Charter regarding the issue of wards/districts. A strike-out/underline version of these changes was prepared for conm1ission members to be included in the packets for tonight's meeting. A cover memo was also prepared to introduce the proposed changes from the City Attorney regarding the issue of wards/districts. . Tonight's agenda was prepared and mailed. . Member e-mail/phone number update forms were prepared. . The 2005 Annual Report of the Charter Commission was prepared for review by the members. President Sturdevant asked if any members had any other correspondence since our last meeting. There was no further correspondence reported. Status of Membership The Charter CommiSSion has its full complement of fifteen members at this time. Slips were passed out to members to verify their current phone and e-mail addresses for the Recording Secretary. The City Attorney arrived at 7:10 p.m. Old Business Annual Board/Commission Dinner The annual board/commission recognition dinner was held on Wednesday, December 14, 2005, at Murzyn Hall. Some members of this commission were in attendance. This year's caterer was Classic Catering. It was suggested that perhaps a different caterer could be used next year, as the food was not as good as usual. New Charter Pages New city charter pages were provided to commission members regarding the ordinance changes made to the Bonded Debt section. Motion by Commissioner Sturdevant, seconded by Commissioner Buboltz to accept the updated pages. Discussion on DistrictsIW ards This topic is ongoing from the past several commission meetings. Commission members were provided, in advance, wording put together by the City'Attorney's office regarding what needed to be changed in the charter to divide the city into four wards or districts and add two city councilmembers at large. There was discussion about using the word "ward", and should either the word "district" or "precinct" be used instead. It was decided to keep the word "ward" throughout the proposed language. Commissioner Laine addressed the proposed wording for Section 7a, WARDS, the fourth sentence concerning who will review the ward boundaries. She stated that it was the wish of the Charter Commission members present at the last meeting that the Charter Commission would be the body that would review the boundaries. Commissioners Buboltz, Hartel, and Vogtman stated the Charter Commission was to have control of the boundaries, as originally discussed. Commissioner Laine also questioned the City Attorney about Section 7a, WARDS, in which it states that "the wards reapportioned by ordinance no later than two years after the year in which a federal census is taken so that the populations of the wards are as equal as practicable." She felt that the boundaries had to be changed anytime if the populations between wards varied between a certain percentage. There was further discussion on this item. -97- Charter Commission Commissioner Vogtman asked if a councilmember moved out of their ward (but still lived in the city) during their tenn of office, would they be allowed to finish out their tenn and then file in the new district or ward they live in or what? The City Attorney stated that the way the proposed reading stands, if a councilmember moved from their elected district or ward, it would end their term. However, that person would not be disqualified if the boundaries changed during their tenn. The section of the charter that addresses this is the first paragraph of the proposed Section 9. V ACANCIES IN THE COUNCIL which is proposed as follows: A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, cessation as a resident of the city, or of the ward from which elected (except as provided in Section 7a). continuous absence from the city for more than three months, conviction of a felony of any such person whether before or after qualification, the failure of any council member without good cause to perform any of the duties of membership in the council for a period of three months or for any other cause as may be provided for in Minnesota Statutes, as amended. After this discussion, motion by Commissioner V ogtman, seconded by Commissioner Johnson, to remove the proposed wording "or of the ward from which elected (except as provided in Section 7a)" from Section 9, VACANCIES IN THE COUNCIL. There was further discussion on what should happep if a councilmember moved out of their ward (but still lived in the city). It appeared commissioners felt that if a councilmember moved out of their ward (but still lived in the city), they should be allowed to fInish out their term and then fIle in the new district or ward they live in if they wanted to. Commissioner Druckrey asked if this should be clarified in Section 7. The City Attorney stated he definitely felt it should be in Section 9. The City Attorney stated he could put different language in Section 9 to address the situation if a councilmember moves from his or her particular ward, but is still a resident of the city, they would be able to serve out their term they were originally elected for. If they wish to continue to serve beyond that, the person would have to run in their new district. Commissioner V ogtman agreed to amend his original motion, and Commissioner Johnson agreed to second this amendment to the original motion to redraft wording as part of Section 9 to reflect that a councilmember moving from his or her particular ward (and still living in the city) would still be allowed to serve out their elected original tenn. Amended motion passed unanimously. Motion by Commissioner Laine to change the wording regarding the review of the ward or district boundaries to be made by the Charter Commission (not the City Council) and that it needs to be reapportioned by Charter amendment. Councilmember Ericson-Diehm stated that if the City Council votes on this amendment and it does not pass unanimously, the Charter Commission will then have to put the item on the ballot, possibly at a special election. -98- Charter Commission Commissioner V ogtman stated that the Charter Commission might have to meet more often. Commissioner Laine had another suggestion that perhaps an independent commission could be set up by the Charter Commission to review boundaries. The City Attorney stated he felt the city council would take care of the boundary issues and redistricting as needed, even though it could be challenging. He stated that the proposed wording put together by his office incorporates the wording of many other city charters. Commissioner V ogtman stated he didn't feel the Charter Commission should remove a layer of control from the City Council. Commissioner Kyseth stated he was in favor of a small group overlooking the boundaries instead of the having this done by the entire commission. Commissioner Buboltz wanted to know how many times would we have to redistrict? Discussion then centered on whether there should be just a simple majority of the council to decide on the boundaries, or a super majority. Commissioner Hartel stated that after hearing all the discussion tonight, maybe the Charter Commission should not review the boundaries and redistricting issue, but leave it up to the City Council. Many members felt a transition schedule needs to be addressed. The City Attorney stated he felt this was premature, as the proposed charter changes need to be read again at another Charter Commission meeting and then passed on to the City Council, where they have sixty days to act on it. Councilmember Ericson-Diehm stated that philosophically, she does not agree with the proposed charter changes to divide the city.into four wards or districts. The city is only 3.5 square miles in size. She stated that if there are wards or districts, those elected may consider representing their "special area" only and may not consider themselves as representing the entire city. She feels that choice of candidates in a specific ward or district of the city could be very limited. However, she also stated it would be easier to campaign if there were wards. Commissioner V ogtman stated that he used to think like COWlcilmember Ericson-Diehm, but after discussing this issue for some time now, he has changed his mind. After consideration, he is in favor of adding more people to the city council and adding members at large. He stated that maybe we should consider having only two wards or districts, and let the rest of the councilmembers run at large. Commissioner Laine stated that if you have enough money to run for office, you can use the Post Office. If not, you need to walk around the entire city. Some members felt that the prevalence of campaign street signs is a big factor as well. Voting statistics were discussed. There are approximately 10,000 registered voters, and 7,000 actually vote. Some members felt that some people don't vote if they don't know who is running. Voting turnout could be even larger if people were running in specific wards or districts of the city, because those people would be "known" in their area. Discussion was held on whether or not to invite the councilmembers to another meeting with the Charter Commission. Some members did not feel it would be fruitful, as this was attempted before, and Councilmember Nawrocki was the only council member who appeared previously to discuss this issue with commission members as a whole. - 99 - Charter Commission Commissioner King stated she is not in favor of wards or districts; ~he does not think it is fair to have just one or two choices. She likes to select her councilmembers on the basis of business experience and background. She also stated that it is not that costly to place campaign ads in the local papers, and some people on this commission support this ward issue because they have run in the past and lost. President Sturdevant stated that in 1980, there were some people running for office unopposed. He could recall in 1993 or so, that 16 or 17 people ran for council seats in the primary. All city council members at the present time live on the east side of Central Avenue. The concern of not every having every area of the city represented is still a common comment. He also reminded members that the number of places to go vote would go down from eight to four. Commissioner Hartel asked the City Attorney about the wording that was crossed out in Section 8, INCOMPATIBLE OFFICES, that was provided to commission members. The City Attorney stated that he will check the current charter language, but it appeared that the wording underlined in that section should be omitted from the changes being considered tonight. Commissioner Laine's motion died for a lack of a second. Motion by Commissioner Buboltz, seconded by Commissioner Laine, to forward to the City Council the proposed charter language as amended tonight. The language that was being voted on is as follows: PROPOSED CHANGES TO CHAPTER 2 FORM OF GOVERNMENT (Note: Underlined material indicates new language; crossed out material indicates current language to be deleted.) Section 6. FORM OF GOVERNMENT. The fonn of government established by this charter shall be known as the "Council-Manager Plan." Section 7. ELECTIVE OFFICES. The council shall be composed of a the Mayor. elected at-large. two councilmembers elected at-large. and four council members. each of whom wfte shall be qualified electors, and 'who shall be elected from a separate ward as established or amended pursuant to this charter. at large in the mllIlfier hereinafter pro",'ided. The Mayor and councilmembers shall be Qualified electors. Each councilmember elected from a ward shall be a resident of the ward. but a change in ward boundaries does not disqualify a councilmember from serving the remainder of a term. Except as hereinafter provided. councilmembers The four cOlHlcil members shall serve for a term offour years and until tReif ~ successors is are elected and qualifie~4. The Mayor shall serve for a term of two years and until a successor is elected and qualifie~4. The council shall be jud;e of the elections ef for the Mayor and cowlcilmembers shall be held as provided herein. (Ordinance No. 1466, passed December 15, 2003) (Ordinance No. 1300, passed April 10,1995) Section 78. WARDS. The City shall be divided into fouf separate wards. The boundaries of such wards shall be determined by ordinance based ~-1-0- 0- _lpulation as determined by the most recent federal Charter Commission census and shall be as equal in population as practicable. A ward must be composed of a compact and contiguous territory. Review of the ward boundaries must be made by the Council and the wards reapportioned by ordinance no later than two years after the year in which a federal census is taken so that the populations of the wards are as equal as practicable. The wards of the City are those described herein on the effective date of this Charter amendment. Section 8. INCOMPATIBLE OFFICES. No member of the council shall hold any paid municipal office or employment under the City of Columbia Heights, and until one year after the expiration of that member's term as council member no former member shall be appointed to any paid office or employment under the city which office or employment was created or the emoluments of which were increased during that member's term. (Ordinance No. 1086, passed June 11, 1984) Section 9. VACANCIES IN THE COUNCIL. A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, cessation as a resident of the city, continuous absence from the city for more than three months, conviction of a felony of any such person whether before or after qualification, the failure of any council member without good cause to perform any of the duties of membership in the council for a period of three months or for any other cause as may be provided for in Minnesota Statutes, as amended. (New language will be inserted here that if a councilmember moves out of their ward (but still lives in the city), they may serve out their original elected term.) In each such case, at the next regular meeting following receipt of notice by the council of one of the foregoing conditions, the council shall by resolution declare such vacancy to exist unless further investigation is required. Notice of said vacancy shall be pos~ed at city hall for a period of two (2) weeks from the date of the adoption of the resolution declaring said vacancy. Notice shall also be published in a designated city newspaper for a period of two (2) weeks as soon as possible after the date of the adoption of said resolution, with the publication being completed no later than thirty (30) days from said date. Applications shall be sought and accepted from individuals interested in filling the vacancy, which applications shall be submitted to city hall, to the attention of the City Clerk, within 45 days from the date of said resolution. The council shall interview each of the applicants within 30 days from the close of the application period, and shall conduct said interviews in an agreed upon uniform manner as a council. After said 30 day period, the council shall make its appointment from the pool of applicants within 15 days, whether done so at a regular council meeting or a special meeting. The individuals so appointed shall fill said vacancy until the next regular municipal election, when the office shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter set forth; provided, however, that if a vacancy is declared by resolution after March 31 st in the year of a regular municipal election, then the appointment process as set forth herein shall not take effect and any such vacancy shall continue to exist until said election, at which time the vacancy shall be filled for the unexpired term by an eligible person elected at large in the manner hereinafter provided. Notwithstanding anything to the contrary herein, any vacancy resulting from a recall election or from a resignation following the filing of a recall petition shall be filled in the manner provided in such case. (Ordinance No. 1331, passed September 23, 1996) (Ordinance No. 1086, passed June 11, 1984) It was pointed out that the proposed charter language being reviewed tonight could not just be forwarded to the City Council, as it needs two readings at the Charter Commission level. Motion was amended and seconded that this be considered the first reading at the Charter Commission level on the proposed charter language as amended tonight. Roll call vote was as follows. -101- C.harter Commission Ayes: Buboltz, Druckrey, Gertsema, Hartel, Johnson, Kyseth, Laine, Patiuk, Ritzko, Sturdevant, Sturdevant, Vogtman. Nays: King. Abstain: None. Absent: Korday, Schmidt. Motion passed. New Business 2005 Annual Report Motion by Commissioner V ogtman, seconded by Commissioner Hartel to approve the 2005 Charter Commission Annual Report as presented. The Recording Secretary will forward a copy to the Chief Judge and City Clerk. Next Meeting Date The next regular Charter Commission meeting date is April 20, 2006, at 7 p.m. at Murzyn Hall. President-Elect Hartel stated there could be a special meeting called of this commission before then. Adjournment Motion by Commissioner Vogtman, seconded by President-Elect Hartel to adjourn the meeting at 8:20 p.m. Respectfully submitted, ~!f~ Carole J. Blowers, Recording Secretary -102- r'h"rlpr r'nmmicdnn OFFICIAL MINUTES OF THE CHARTER COMMISSION THURSDAY, OCTOBER 20, 2005 7:00 P.M. COUNCIL CHAMBERS CITY HALL Call to Order The meeting was called to order by President Joseph Sturdevant at 7:02 p.m. Roll Call Members present: Bob Buboltz, Nicole Druckrey, Barb Gertsema, Mike Hartel, Jim Johnson, Katy Korday, Scott Kyseth, Carolyn Laine, Mike Patiuk, Lori Ritzko, Joe Sturdevant, Joseph Sturdevant, Dan Vogtman Members absent and excused: None Members absent and unexcused: Nancy King, Clare Schmidt Council Liaison, Mayor Gary Peterson, was not present. Also present: Jim Hoeft, City Attorney; Bruce Nawrocki, Councilmember; Carole Blowers, Recording Secretary; Citizen Harold Hoium Approval of Minutes of July 21, 2005 Motion by Commissioner Hartel, seconded by Commissioner Sturdevant, to approve the minutes as submitted for the July 21,2005, meeting. Motion passed unanimously. Joint Meeting with the City Council/Charter Commission Scheduled for Tonight The following is the sequence of events leading up to tonight's meeting: . Following a motion made at the July Charter Commission, a request was immediately made to the City Manager and Mayor for a joint meeting with the City Council and the Charter Commission regarding wards/districts. . After various attempts to set a date, Charter Commission President Sturdevant got the date of October 20th agreed upon as the date for a joint meeting. . On September 26,2005, the City Council established a joint meeting of the Charter Commission and City Council for Thursday, October 20, 2005, at 7 p.m. . Agenda packets for this joint meeting went out Wednesday, October 12, 2005. . The Recording Secretary, City Manager, and Mr. Sturdevant were notified by the Mayor late on Monday, October 17, 2005, that at least two city council members could not make the joint Charter Commission/City Council meeting of October 20th. The Mayor felt that since not all council members could attend this meeting, a joint meeting should not be held, and he was canceling the council's part of the meeting. Therefore, the regular meeting of the Charter Commission would still be held. President Sturdevant stated he felt the joint meeting still could have been held with just three members of the city council. (Note: The City Council work session scheduled for October 20, 2005, at 5:30 p.m. was also cancelled.) * Old Business Discussion on DistrictsIWards This topic is ongoing from the past several con - 1 0 3 -1 meetings. President Sturdevant asked if there Charter Commission was fUlther information that needed to be discussed regarding this topic from the agenda material provided to members. Commissioner Johnson stated that he was in favor of the map that showed Central Avenue and 44th Avenue as the dividing lines. Using this map, the population by quadrant would be as follows: NW- 4,550; NE-4,115; SW-4,911; and SE-4,994. This map brings the population figures more into line for each quadrant. He also stated that he was in favor of using either the word "district" or "precinct" rather than "ward". The City Attorney stated that input from the city council was desired on this subject, and that is why the joint meeting scheduled for tonight was asked for. There was discussion again about the Council Liaison to the Charter Commission, Mayor Peterson, not being present at the meetings. Some members wanted to know how liaisons were picked. President Sturdevant stated that the Mayor and Councilmembers decide amongst themselves who wants to be liaisons to what boards/commissions each year. Since Councilmember Nawrocki was present at the Charter Commission meeting tonight, President Sturdevant asked him for his comments on this topic. Nawrocki stated that this is not a new subject; it was discussed several years ago. He stated that he was in favor of this change years ago. For a candidate, he could see where this would be desirable. However, he feels with council positions being at large, councilmembers are more answerable to the whole city, and it does not make the council less responsive. Citizens can call or write to five people with a concern. Commissioner Buboltz also brought up the issue of expanding the council. Commissioner Hartel stated he could see the council expanded by at least two more people. Commissioner Laine stated we could have four districts and have two members running at large, plus the Mayor at large. President Sturdevant stated that the Mayor's term should stay at two years, since that position is in control of the Police Department. He felt councilmember terms should stay at four years. Many felt three positions could be elected one year and four the next. Commissioner V ogtman stated there are pros and cons to this issue. If someone does not run in a precinct or ward, a write-in person could win with just 5 or 10 votes. He cited that it would be costly to redistrict due to changes in population, and population changes will continue to happen for years with the development/redevelopment going on in the city. We could have an increase of 800 people in one year. (We realize that a specific percentage in population differences between wards is allowed per state statutes.) He felt that a lot of human energy and money could be spent on this issue and questioned if this would this be the best use of both. Perhaps working on blighted areas of the city would be more important. He also wants to vote for the most qualified people who are running for council. In hearing additional comments from commission members, he felt he would be in favor of adding more people to the city council. This was after consideration of some councilmembers running at large as well as by district. He also realized that having wards would be better for candidates that run because it would be less expensive for them. Commissioner Hartel stated that we have made several changes to the charter over the years, and we have even had things on the ballot. All these things take a lot of time, work, and money, but this is what we are here for-to propose changes as needed or - 1 0 4 - {""!,,..riAr rn.tT't1"n;t"'[!;n.n Commissioner JohIlson felt more people would vote ifthere were districts. He asked CounciImember Nawrocki ifhe ever lost in his own precinct, to which he stated yes. Johnson also inquired if Nawrocki ever carried every precinct. President Sturdevant stated that the number of places to go vote would go down from eight to four. Right now, there are some instances where two precincts are held in one building. Dividing the city into wards/districts will not make it any further distance for people to go vote. Councilmember Nawrocki stated that what really gets people out to vote is the Presidential race. In all other elections (from state on down to city level), fewer and fewer people turn out to vote. He also stated that most of the issues that come before the council relate to large areas of the city, not specific areas. Commissioner Laine stated that if you have money, you can run. If you don't, it makes it more difficult or impossible. The concern of not every having every area of the city represented is still a common comment. President Sturdevant asked commission members if they wished to proceed on this issue or not. That is what must be decided. Motion by Commissioner Buboltz, seconded by Commissioner Johnson, to direct the City Attorney to prepare proposed language for a charter change to reflect: . adding two at-large councilmembers . dividing the city into four quadrants using dividing lines of 44th Avenue and Central Avenues and . keeping the Mayor's term at large and for two years. More discussion ensued. Concern was expressed about the growing population in certain sections of the city. With development in the SW quadrant (the Industrial Park area), an increase in population from very little to possibly 200 to 400 new homes could make a big difference in that quadrant. Population totals could also rise anywhere from 380-400 people in the NE quadrant due to the addition of The Lofts. There are other possible sites that could change quadrant totals slightly. Some commission members felt that dividing these lines to adjust for these increases in population could become political. It is realized that there would also be parts of the existing charter that would have to be amended or added to relating to elections, the division of the city into four sections, the addition of two at-large city council members, and the staggering of those terms. Commissioner Hartel suggested that an addition to the above motion would be to include that the Charter Commission will oversee the redistricting boundaries if and when needed. Commissioners Buboltz and Johnson both agreed to this amendment. It was then questioned about the locations in the city where all Charter Commission members live. President Sturdevant stated that our commission members are scattered through the city, and they are appointed by the Chief Judge. Councilmember Nawrocki asked how this charter change would be implemented, and would it be taken to the vote of the citizens. -105- rh~rt~r rnmmi!':sion Commissioner Laine wondered how would the terms be staggered: would all at-large candidates be voted upon one year and all regular candidates from wards voted upon at once or what? Would all at-large candidates be voted on during the years of presidential elections to get more people to vote or what? She also questioned if we would have to move the boundary to 43rd Avenue to get a better balance in certain quadrants based on projected increases in population of some areas of the city. Commissioner Vogtman stated a transition schedule would be needed. To get more input on these types of things, perhaps the City Council would be willing to meet jointly with the Charter Commission in January. Voting no: Abstain: Absent: President Sturdevant called the question and asked for a roll call vote: Voting yes: Buboltz, Druckrey, Gertsema, Hartel, Johnson, Korday, Kyseth, Laine, Patiuk, Ritzko, Sturdevant, Sturdevant None V ogtman King and Schmidt Motion passed. Commissioner Hartel stated that wi~h the city council canceling out on tonight's meeting, it showed no respect to the Charter Commission. We put forth a good faith effort; a meeting was set and approved by the council; and at the last minute they cancelled out. Commissioner Buboltz stated that even if only three councilmembers could have met with the Charter Commission, the joint meeting could have been held. The attendance and comments of Councilmember Nawrocki tonight were appreciated by the Charter Commission members. Other Topics of Discussion Status of Chapter 7. Section 72. of the Citv Charter Pertaininf.! to Bonded DebtJDebt Limit The Recording Secretary stated that on August 8, 2005, the City Council held its first reading on Ordinance No. 1492, amending Chapter 7, Section 72 of the City Charter pertaining to bonded debt and debt limit. On September 12,2005, the City Council held its second reading on the above ordinance. The change will become effective 90 days from then. Annual Board/Commission Recof.!Dition Dinner The annual board/commission recognition dinner will be held on Wednesday, December 14,2005, at Murzyn Hall. Hors d'oeuvres will be served at 6 p.m., and dinner is planned for 6:30 p.m. Invitations will be sent in the near future. Inappropriate Behavior at Council Meetinf.!slElsewhere Commissioner Laine brought up the last city council meeting of October 10lh where the Mayor read a letter about the inappropriate behavior of a councilmember outside of a cotmcil meeting. Her concerns were about the city being sued for a hostile/abusive work environment. The City Attorney stated problems with a hostile/abusive work environment are handled by state and federal laws, not at the Charter Commission level. He stated that behavior at some of our council meetings may be disrespectful, but it is not abu - 106 -lOstile. Other cities have councils that display a lot rhl'lTff>T rnmmi!;:!;:ion Motion by Comrnisioner Buboltz, seconded by Commissioner Hartel to approve the second reading on the proposed change to Chapter 7, Section 72 indicated above, and forward to the City Council for their action. Motion passed unanimously. * Discussion on Districts/Wards This topic is ongoing from the past couple of commission meetings. In May, the Recording Secretary mailed commission members maps showing the population figures if the city was sectioned off in four sections (with Central Avenue and 45th Avenues as dividing lines). This map was prepared by the Public Works GIS area and used the 2000 census data. Using this map, the population by quadrant is as follows: NW-3,667 NE-3,659 SW-5,744 and SE-5,450. The Recording Secretary also passed out at tonight's meeting a map using Central Avenue and 44th Avenue as dividing lines. This map was also prepared by the Public Works GIS area and used the 200 census data. Using this map, the population by quadrant would be as follows: NW-4,550 NE-4,115 SW-4,911 and SE-4,994. The City Attorney stated that the map using Central Avenue and 44th Avenue brought the population figures more into line for each quadrant. An additional map using Central Avenue and 44th Avenue as dividing lines was provided tonight also, which also indicated census block populations. Commissioner Patiuk asked how close in population does the quadrants have to be. The City Attorney stated he believed it is a certain percentage governed by state statutes. If the city would be divided into four quadrants, one councilmember would represent each quadrant, and the Mayor would run at large. It was also reiterated that there has been some discussion that two more councilmembers should be added. There was discussion on the fact that it would seem unrealistic to divide the city into more than four districts. So if and when any additional councilmembers were added, they would also be running at large. Commissioner Ritzko questioned what would happen if we did divided the city into four quadrants and no one decided to run in one of the quadrants. The City Attorney stated that there more than likely would be write-in candidates, and if not, the Council could appoint the person currently serving in that district or someone new, or decide to hold a special election. Commissioner Laine stated that with development in the SW quadrant (the Industrial Park area), an increase in population from very little to possibly many new residents could make a difference in that quadrant. The City Attorney stated that perhaps 200 units will be built there in the next few years, with a possibility of about 360 additional residents. Chartf - 107 -ssion July 1,1, 1,uu5 n...~..... 1] Commissioner Hartel stated that the population totals will also change for the NE quadrant due to the addition of The Lofts. It was estimated that an additional 380-400 residents could change the totals for that quadrant. The City Attorney also stated that other possible sites that could change quadrant totals are the redevelopment of Mady's Bowling area (75-100 additional residents) and NET. He also stated that at this time, there is nothing on the table for the NEI site. These are all good things to talk about in discussing this issue. The City Attorney stated that he could come up with proposed wording for the City Charter to reflect a change to wards or districts. There would also be parts of the existing charter that would have to be amended/modified relating to elections. The City Attorney reiterated the procedure on proposed changes to the city charter. There are two readings at the commission level, and two readings at the city council level. The city council has the option of passing the proposed revisions unanimously (which are done by ordinance) or returning them to the commission for possible modifications. The Charter Commission can make modifications to the amendments or place the item on the ballot for the voters to decide for themselves. This fall there will be a special election held on November 8 regarding the school district's proposed levy. Commissioner Laine stated that dividing the city into wards/districts helps keep the costs down for mailing campaign literature and also allows that councilmember to focus on details oftheir own district, still keeping the good of the entire city in mind. The City Attorney suggested that the Charter Commission ask the City Manager to set up a joint meeting with the City Council to discuss the pros and cons of this issue and get a feel for how the council feels on this issue. Such a meeting could be held in the Council Chambers so it is large enough to hold everyone from this commission and the City Council. It was suggested that a packet of information be provided to everyone ahead of the meeting, and should include all the information that the Recording Secretary has already provided Charter Commission members to date and any other material that is put together by the Charter Commission and/or city staff. This meeting could be on a regularly scheduled work session date or a special meeting date. Motion by Commissioner Buboltz, seconded by Commissioner Hartel, to request a joint meeting with the City Council on this issue. Motion passed unanimously. The Recording Secretary will discuss this with the City Manager and report to all Charter Commission members when and where this meeting will take place. New Business Other Topics of Discussion Commissioner Hartel stated that in the absence of our Council Liaison tonight, it would have been informative to have someone else from the council present to hear the Charter Commission's discussion on districts/wards, as well as the information Mr. Ruff presented tonight and the Charter Commission's discussion on that issue. Commissioner Buboltz stated that when council liaisons cannot make commission/board meetings for which they are a liaison, they usually do not arrange for another councilmember to attend in their place. However, when there are significant items of discussion on the Chartf - 1 0 8 - ssion July Ll, Luu5 n...._.... A existing bonds shall be authorized by four fifths vote of the council by resolution. FollovJing its passage, the ordinance shall be published at least once by publication in a legal newspaper having general circulation in the city. The registered voters of the city shall have thirty days from the date of publication to initiate a referendum on the ordinance authorizing the issuance. Subsequent to the passage of the authorizing ordinance, its publication, and the thirty-day period, the bond sale shall occur within sixty days. During said sixty day period, the City Manager shall have the authority to establish a special meeting upon at least seventy-two (72) hours advance notice to each member of the council. At that special meeting, the City Manager is authorized to receive the actual bides) or sale of the bonds to be negotiated. The actual award or sale of the bonds shall be approved by a resolution passed by a four-fifths vote of the council. Commissioner Vogtrnan stated he didn't think. the charter should make it too easy for the Council on the issue of bonding, and the council should use due diligence. Bond rates can fluctuate (go higher or lower), but he didn't feel they would fluctuate that quickly. He suggested changing the waiting period to 10-15 days instead of changing the whole process or method. Some felt we should do something on this issue before the next bonding event may arise, so that the city could take advantage of possible savings. Commissioner Korday views the stock market as more volatile than the bond market. She wondered what other cities have in their charters regarding this issue, and feels more research needs to be done. The Recording Secretary will contact the Research Department at the League of Minnesota Cities to learn how other cities handle this subject, and to obtain any further infonnation they may have regarding this issue. Mayor Peterson felt we should ask our financial advisors (Mark Ruff from Ehlers and Associates) to clarify if it has been an issue the way the city charter currently reads. After further discussion, it was the consensus of members present to invite our city's financial consultant to come to our next Charter Commission meeting to discuss this issue further. Motion was made by Commissioner V ogtrnan, seconded by Commissioner Johnson, to table the second reading on this proposed charter change until we have more information. Motion passed 6-5-4 absent. NEW BUSINESS Upcoming 2005 Community Prayer Breakfast Mayor Gary Peterson invited all commission members to attend the 2005 Community Prayer Breakfast which will be held on May 11,2005, at 7 a.m. at Murzyn Hall. The guest speaker is Andrew Wyatt, and musical selections will be provided by Youth Encounter. Tickets are $20 and are available at City Hall, Bobby & Steve's Autoworld, and from the Mayor. Discussion on Topic of Wards /Districts in the City \. In January, the Recording Secretary was asked to contact the League of Minnesota Cities for any research they had on this issue, including pros and cons and size of cities that do have wards/districts. All commission members received this packet of information prior to tonight's meeting for their review. ifferent ideas, such as having some representation at large and some from districts, were discussed. There are definite advantages and disadvantages to having the city divided into wards or districts. Some major advantages were cited, such as campaigns could be more focused and less costly, therefore possibly raising -109- April 21, 2005 interest levels for candidates who have limited funds. Being responsible for calls/complaints about a certain area of the city could also be considered an advantage for some to run. It was stated that some citizens feel they re left out if they don't have a councilmember representing them from their area. The Mayor stated at a recent council meeting a resident suggested we increase the number of people on the city council and since we are talking about wards/districts, it would probably be a good idea to discuss this idea as well. Some felt since we are a growing community and first ring suburb, considering more counciImembers could be a good idea. Another suggestion was to increase the Mayor's term from two years to four years. Vice President Patiuk stated he had some questions for the City Attorney regarding this issue, i.e., if there has to be a specific number of people in each ward, what would determine the boundaries, and questions about the process itself so we do not invite litigation. The City Attorney could provide more information to the commission on these questions at our next meeting. The Mayor stated he would like to see more young people run for council and more people get involved from our different cultures to reflect our city's diversity. If the city was equally divided in four districts size-wise, the question was asked what would the population be in each quadrant. There would have to be a fairly equal number of voting residents in each quadrant. The Recording Secretary will contact the Public Works Department to see if their GIS system could provide this information for our next meeting. :harter Commission members were also encouraged to discuss this issue with their neighbors and friends to get more informal input on this subject before our next meeting. NEXT MEETING DATE The next Charter Commission meeting will be July 21, 2005, at Murzyn Hall at 7 p.m. ADJOURNMENT Motion by Commissioner Hartel, seconded by Commissioner Korday to adjourn the meeting at 7:58 p.m. Motion passed unanimously. Respectfully submitted, Carole J. Blowers Recording Secretary -110- April 21, 2005 ( Discussion on Topic of Wards /Districts in the City _, ~esident Sturdevant brought up the idea of having more geographically distributed council representatives \ throughout the city by having wards/districts. Commissioner Buboltz stated that we have very different neighborhoods in the city now. There are a lot of pros and cons to this issue. The Recording Secretary was asked to contact the League of Minnesota Cities for any research they have on this issue, including pros and cons and size of cities that do have wards/districts. Discussion on Politicians Buying Property in the City Commissioner Korday had questions for the City Attorney about the recent transactions that took place between current politicians and buying property in the city. She wanted to know ifthere were any stop guards in place now to avoid this happening again, or if ones could be put in place. The City Attorney explained that he was asked about this situation, and he advised that they could not vote or take part in any discussions on this issue on a council level. At the EDA level, then the politicians involved decided to abstain from voting or holding discussions at that level. When asked if there are any laws to prevent this from occurring, the City Attorney also advised that there are stop guards in place now (in the state statutes). Commissioner King left the meeting at 8:12 p.m. Commissioners discussed having trust in their city officials; others felt the public trust was broken because their fudiciary duty to the general public was broken. "NEXT MEETING DATE he next Charter Commission meeting will be April 21, 2005, at Murzyn Hall at 7 p.m. ADJOURNMENT Motion by Commissioner Schmidt, seconded by Commissioner Buboltz to adjourn the meeting at 8:18 p.m. Motion passed unanimously. Respectfully submitted, Carole J. Blowers Recording Secretary -111- January 20,2005 CITY COUNCIL LETTER Meeting of June 12,2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire CITY MANAGER APP OVAL NO: 00 ITEM: Adopt Resolution For Revocation BY: Gary Gorman DATE: June 6, 2006 NO: 2006-70 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Julie Marsh regarding rental property at 4524 Monroe Street NE. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-70, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-70, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Julie Marsh regarding rental property at 4524 Monroe Street NE. COUNCIL ACTION: -112- RESOLUTION 2006-70 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Julie Marsh (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4524 Monroe Street NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 15,2006 of an public hearing to be held on June 12, 2006. A reminder notice was mailed by certified mail to all interested parties on June 5, 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 September 20, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted eleven violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 1,2005, inspectors for the City of Columbia Heights, reinspected the property and noted four violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on November 22,2005, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted four violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 4. That on November 30, 2005, the owner contacted the inspection office and requested an extension on two of the four items to be repaired. An extension to May 15,2006 was granted to the property owner. 5. On December 16, 2005 the two items that were not listed in the time extension were reinspected and checked off as done. 6. That on May 15, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted two violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application 7. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to correct RMC violations. The violations are as follows; 1. Shall repair/replace the sections of driveway that are in disrepair. -113- 11. Shall install permanent fencing to prevent parking on landscape area between driveway and garage. 8. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7302 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy ofthis order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -114- CITY COUNCIL LETTER Meeting of June 12, 2006 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL NO: ~c ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: June 5, 2006 NO: 2006-71 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Marjorie Bastian regarding property at 2348 45th Avenue NE for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-71, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-71, a resolution of the City Council of the City of Columbia Heights declaring the property at 2348 45th Avenue NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: -115- RESOLUTION 2006-71 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 Marjorie L. Bastian (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 2348 45th Avenue NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on April 20, 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 1. That on May 23,2005, an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on August 15,2005 and on October 7, 2005, inspectors reinspected the property and found that one violation remained uncorrected. 3. That on April 20, 2006, inspectors reinspected the property and found that one violation remained uncorrected. A statement of cause listing the violations was mailed by regular and certified mail the last know address of the owner of the property. 4. 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 tree stumps from the yard. 5. 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 2348 45th 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, -116- 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 2348 45th A venue 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 Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -117- CITY COUNCIL LETTER Meeting of June 12,2006 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL NO: toD ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: June 5, 2006 NO: 2006-72 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Richard Dwinell regarding property at 4774 Upland Crest NE for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-72, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-72, a resolution of the City Council of the City of Columbia Heights declaring the property at 4774 Upland Crest NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: -118- RESOLUTION 2006-72 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 Richard J. Dwinell (Hereinafter "Owner of Record"). Whereas, the owner ofrecord is the legal owner of the real property located at 4774 Upland Crest NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on May 17, 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 1. That on November 9, 2005, an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 6, 2006, inspectors reinspected the property and found that four 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 repair the garage and garage door that is deteriorating. B. Shall mow the lawn. C. Shall remove the scrub growth/weeds from the property. D. Shall scrape/paint the trim on the house and garage. 4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4774 Upland Crest 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. -119- ORDER OF COUNCIL 1. The property located at 4774 Upland Crest 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 day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -120- CITY COUNCIL LETTER Meeting of June 12,2006 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ~E ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: June 6, 2006 NO: 2006-73 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Lovie Delores Diaz- Valdes regarding property at 4112 7th Street NE for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-73, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-73, a resolution of the City Council of the City of Columbia Heights declaring the property at 4112 7th Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: -121- RESOLUTION 2006-73 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 Lovie Delores Diaz- Valdes (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4112 7th Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on May 18, 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 1. That on August 22, 2005, an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on January 5, 2006, inspectors reinspected the property and found that three violations remained uncorrected. 3. That on May 18, 2006, inspectors reinspected the property and found that one violation remained uncorrected. A statement of cause listing the violations was mailed by regular and certified mail the last know address of the owner of the property. 4. That based upon said records ofthe Fire Department, the following conditions and violations of City Ordinance( s) were found to exist, to-wit: A. Shall repair/replace the window on the southwest comer of the house that is missing. 5. 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 4112 th Street 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. -122- ORDER OF COUNCIL 1. The property located at 4112 ih Street 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 day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -123- CITY COUNCIL LETTER Meeting of June 12,2006 AGENDA SECTION: Public Hearings ~F ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ITEM: Adopt Resolution For Abatement BY: Gary Gorman NO: 2006-74 DATE: June 5, 2006 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Bhawesh Prabhudial regarding property at 3906 Van Buren Street NE for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-74, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-74, a resolution of the City Council of the City of Columbia Heights declaring the property at 3906 Van Buren Street NE. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: -124- RESOLUTION 2006-74 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 Bhawesh Prabhudial (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3906 Van Buren Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on June 2, 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 1. That on April 4, 2006 and on June 1, 2006, an inspection was conducted on the property listed above. Inspectors found twelve violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 2, 2006, inspectors reinspected the property and found that five violations remained uncorrected. A statement of cause listing the violations was mailed by regular and certified mail the last know address of the owner of the property. 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 repair/replace all/any torn/ripped screens on the building. B. Shall repair/replace all/any broken windows on the building. C. Shall scrape/paint all windows where the paint is peeling. D. Shall remove all/any tree stumps from the yards. Shall remove them to within 4-6 inches below ground level. 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 3906 Van Buren Street 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. -125- 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 3906 VanBuren Street 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 Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -126- CITY COUNCIL LETTER Meeting of June 12,2006 AGENDA SECTION: Public Hearings ORIGINATING DEP AR TMENT: Fire CITY MANAGER APPROV AL NO: &G- ITEM: Adopt Resolution For Abatement BY: Gary Gorman DA TE: June 5, 2006 NO: 2006-75 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Guy Radke regarding property at 4915 5th Street NE for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-75, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-75, a resolution of the City Council of the City of Columbia Heights declaring the property at 4915 5th Street NE. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: -127- RESOLUTION 2006-75 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 Guy H. Radke (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4915 5th Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on May 2, 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 1. That on May 12,2005, an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 7, 2005, inspectors reinspected the property and found that six violations remained uncorrected. 3. That on May 2, 2006, inspectors reinspected the property and found that three violations remained uncorrected. A statement of cause listing the violations was mailed by regular and certified mail the last know address of the owner of the property. 4. That on June 6, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 5. That based upon said records ofthe Fire Department, the following conditions and violations of City Ordinance( s) were found to exist, to-wit: A. Shall remove all/any scrub growth/weeds from along side the garage and in front of the house. 6. 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 4915 5th Street 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, -128- 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 4915 5th Street 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 day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -129- CITY COUNCIL LETTER Meeting of June 12, 2006 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL NO: foH ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: June 5, 2006 NO: 2006-76 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Lillian Mercado regarding property at 4701 University Avenue NE for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-76, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-76, a resolution of the City Council of the City of Columbia Heights declaring the property at 4701 University Avenue NE. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: -130- RESOLUTION 2006-76 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 Lillian Mercado (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4701 University Avenue NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on April 20, 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 1. That on April 6, 2005, an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 7,2005, inspectors reinspected the property and found that three violations remained uncorrected. 3. That on April 20, 2006 and again on June 6, 2006, inspectors reinspected the property and found that one violation remained uncorrected. A statement of cause listing the violations was mailed by regular and certified mail the last know address ofthe owner of the property. 4. 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 repair the damaged garage. 5. 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 4701 University 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, -131- 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 4701 University 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 Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -132- CITY COUNCIL LETTER Meeting of: 6/12106 AGENDA SECTION: ORDINANCE ORIGINATING DEPARTMENT: CITY MANAGER NO: 7 - A- r PUBLIC WO~ .~ '11\ J ITEM: EMERGENCY ORDINANCE AMENDING CITY BY: K. Hanse . BY: ":~~/ ;. \ CODE, CHAPTER 4, ARTICLE II, SECTION 4.203 DA TE: 6/7106 DA TE~\y>/\. ~ i.J~ PERTAINING TO WEED REMOVAL ' \ Background: The City of Columbia Heights has an existing weed ordinance found in section 4.203 ofthe City Code, a copy of which is attached. The program is entirely managed through Public Works which includes inspections, noticing, data tracking, contract coordination, and budgeting. Public Works became the central and sole administrator of the program over 6 years ago when multiple departments, including Police and Fire, were involved with the program administration. Ana lysis/Co nel usio ns: Public Works staff currently follows the requirements of the existing ordinance which require certified mail to the property owner and allowing for 10 days for the property owner to abate the weeds or tall grass. This may result in a length of time from 14 - 18 days from the original notice for the City to abate the nuisance in non-compliance situations. While the program clearly follows the existing ordinance requirements, recent complaints of non-compliance has caused staff to propose revisions which will expedite the process to gain compliance, shorting the length oftime for the weeds or tall grass to be cut, in non-compliance situations. The City Attorney has drafted a proposed ordinance amendment (attached) to address the timing and notification issues, with the intent to expedite the compliance timeframe. Proposed changes are either struck or underlined for clarification. The amendment shortens the response time from the date of notification from 10 days to 4 days. It also removes the certified mail requirement and allows for notification by direct contact or mail. It also adds a provision under 4.203 (C) that addresses repeat offenders. For those properties that have had two or more notices sent in the last (12) month period, the City may abate continued violations without another specific notice of the violation, further expediting repeat non-compliant properties. Section (E) has been added which provides a definition of the "Owner" for purposes of giving notice under this section. RECOMMENDED MOTION: Move to waive the reading of Ordinance No.l511, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Emergency Ordinance No. 1511, being an emergency ordinance amending Chapter 4, Article II, Section 4.203, City Code, pertaining to weed removal. Attachments: Existing City Code Section 4.203 Proposed Ordinance Amendment KH:jb COUNCIL ACTION: -133- 12 Columbia Heights - Municipal Services ~ 4.203 WEED REMOVAL. (A) The weed inspector or his delegated assistant may inspect all premises and places within the city for the presence of weeds, as defined below: WEEDS. As used in this code shall include: (a) Noxious weeds enumerated by Minn. Rules, part 1505.0730, as it may be amended from time to time. (b) Any other uncultivated or uncontrolled weed growth, which have gone or are about to go to seed, such as secondary weeds enumerated by Minn. Rules, part 1505.0740, as it may be amended from time to time. (c) Any tall weeds or grass growing upon any lot or parcel of land in the city to a height greater than nine inches. The weed inspector may grant exceptions for wildlife areas, areas bordering ponds, wildflower areas, ornamental grasses and other such areas that are a part of an orderly landscape design. (d) . Such other vegetation as the Council shall, from time to time, designate by resolution. (B) The weed inspector or his delegated assistant shall notify the affected property owner that weeds which are on his property, must be eradicated, or controlled, in the manner prescribed by the inspector. (1) The notification shall require abatement of the weeds, or other prescribed action, within ten days from the date of mailing of notice. (2) The notification shall state that the city will take appropriate remedial action to eradicate or control the weeds upon expiration of said ten days, with a charge to the property owner for costs. (C) Eradication notice for noxious weeds, as described by division (A) of this section, shall be made in accordance with the provisions of M.S. ~ 18.83, as it may be amended from time to time. Notice for eradication or control of all other weeds shall be made by certified mail to the property owner. If the owner is not in possession of the property then a copy of the notice shall also be sent by first class mail to the lessee, occupant, or agent of the owner on the premises (D) The weed inspector, his delegated assistant, or other delegated agent of the city, shall cause the removal or other prescribed action of any weeds located on public property; or on private property, upon expiration of the prescribed notice to the owner. ('77 Code, ~ 4.203) -134- ORDINANCE NO. 1511 BEING AN EMERGENCY ORDINANCE AMENDING CHAPTER 4, ARTICLE II, SECTION 4.203, CITY CODE PERTAINING TO WEED REMOVAL The City of Columbia Heights does ordain: Chapter 4, Article II, section 4.203 of the Columbia Heights City Code, which currently reads to wit: 4.203 (A) The weed inspector or his delegated assistant may inspect all premises and places within the city for the presence of weeds, as defined below: WEEDS. As used in this code shall include: (a) Noxious weeds enumerated by Minn. Rules, part 1505.0730, as it may be amended from time to time. (b) Any other uncultivated or uncontrolled weed growth, which have gone or are about to go to seed, such as secondary weeds enumerated by Minn. Rules, part 1505.0740, as it may be amended from time to time. (c) Any tall weeds or grass growing upon any lot or parcel of land in the city to a height greater than nine inches. The weed inspector may grant exceptions for wildlife areas, areas bordering ponds, wildflower areas, ornamental grasses and other such areas that are a part of an orderly landscape design. (d) Such other vegetation as the Council shall, from time to time, designate by resolution. (B) The weed inspector or his delegated assistant shall notify the affected property owner that weeds which are on his property, must be eradicated, or controlled, in the manner prescribed by the inspector. (1) The notification shall require abatement of the weeds, or other prescribed action, within ten days from the date of mailing of notice. (2) The notification shall state that the city will take appropriate remedial action to eradicate or control the weeds upon expiration of said ten days, with a charge to the property owner for costs. (C) Eradication notice for noxious weeds, as described by division (A) ofthis section, shall be made in accordance with the provisions of M.S. S 18.83, as it may be amended from time to time. Notice for eradication or control of all other weeds shall be made by certified mail to the property owner. If the owner is not in possession of the -135- made by certified mail to the property owner. If the owner is not in possession of the property then a copy of the notice shall also be sent by first class mail to the lessee, occupant, or agent of the owner of the premises. (D) The weed inspector, his delegated assistant, or other delegated agent of the city, shall cause the removal or other prescribed action of any weeds located on public property; or on private property, upon expiration of the prescribed notice to the owner. Is hereby amended to read as follow: 4.203 (A) The weed inspector or his delegated assistant may inspect all premises and places within the city for the presence of weeds, as defined below: WEEDS. As used in this code shall include: (a) Noxious weeds enumerated by Minn. Rules, part 1505.0730, as it may be amended from time to time. (b) Any other uncultivated or uncontrolled weed growth, which have gone or are about to go to seed, such as secondary weeds enumerated by Minn. Rules, part 1505.0740, as it may be amended from time to time. (c) Any tall weeds or grass growing upon any lot or parcel of land in the city to a height greater than nine inches. The weed inspector may grant exceptions, via permit or in writing with instructions, for wildlife areas, areas bordering ponds, wildflower areas, ornamental grasses and other such areas that are a part of an orderly landscape design. (d) Such other vegetation as the Council shall, from time to time, designate by resolution. (B) The weed inspector or his delegated assistant shall notify the affected property owner that weeds which are on his property, must be eradicated, or controlled, in the manner prescribed by the inspector. Such notice may be served personallv or may be served by mail. (1) The notification shall require abatement of the weeds, or other prescribed action, within teflfour (4) days from the date of mailing of notice. (2) The notification shall state that the city will take appropriate remedial action to eradicate or control the weeds upon expiration of said teflfour (4) days, with a charge to the property owner/property for costs. ~ -136- (C) Eradication notice for noxious ",-'eeds, as described by division (/\) of this section, shall be made in accordance with the provisions of M.S. ~ 18.83, as it may be amended from time to time. Notice for eradication or control of all other 'Seeds shall be made by certified mail to the property owner. If the O\\'ner is not in possession of the property then a copy of the notice shall also be sent by first class mail to the lessee. occupant, or agent of the owner ofthe premises. (C) For propel1ies for which there have been two (2) or more notices issued within the prior twelve (12) month period. compliance with section (B) shall not be required. For those prope11ies, the second notice issued within a twelve (12) month period shall contain a general notice that the citv may abate future violations \vithout providing additional specific notice of the violation. (D) The weed inspector, his delegated assistant, or other delegated agent of the city, shall cause the removal or other prescribed action of any weeds located on public property; or on private property, upon expiration of the prescribed notice to the owner. (E) "Ovmer". for the purposes of this section, shall mean the person who is listed as the contact person on any cunent rental licensing application on file with the city, if any. or, if none. the person listed as OWl1er by the County Assessor on the homestead record. or, ifnone. the tax paver as shown by the records of the County Assessor. This Ordinance shall be in full force immediately. Passed this _ day of June, 2006. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary "'I -137- COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of: June 12,2006 AGENDA SECTION: Items for Consideration, Other Ordinances and Resolutions NO: -L ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROV AL ITEM: Second Reading of Ordinance No. 1500, Vacating a portion of Lookout Place BY: Jeff Sargent DATE: June 8, 2006 J< BACKOGOROUND: J ames Sarna, the applicant, has requested the vacation of a portion of Lookout Place in order to replat the land on the southeast corner of 40th Avenue and University Avenue. The proposed vacation will create ample parking space for the proposed 7,440 square foot restaurant on the site. The former Lookout Place is situated diagonally northwest to southeast through the site, and contains an easement for several public and private utility services. Newly created easements will be established for the proposed vacation to keep these services in the same location. It should be noted that there are no plans for the principal building to be located within the necessary easements for the Lookout Place vacation. It is the City's policy to contact the four major Utility Companies whenever a vacation occurs to ensure that these companies have no problems. CenterPoint Energy, Qwest, Xcel Energy and Comcast Cable have responded favorably, while requesting easements for their services. It should be noted that a vacation proposal requires a first and second reading by the City Council, and does not become effective until thirty (30) days after the City Council approves the second reading. The first reading of the Lookout Place vacation occurred on October 10,2005. At this point, all other approvals for the Sarna's Addition Final Plat have been completed. RECOMMENDATION: The City Council held a public hearing for the first reading of the Lookout Place vacation and recommended approval of the vacation as the request is consistent with City's Comprehensive Plan and zoning standards. RECOMMENDED MOTIONS: Move to waive the reading of Ordinance No. 1500, there being an ample amount of copies available to the public. Move to adopt Ordinance No. 1500, vacating a portion of Lookout Place, as legally described in the Ordinance. Attachments: Ordinance No. 1500, Planninf!. Report, Location Map COUNCIL ACTION: -138- ORDINANCE NO. 1500 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490 CITY CODE OF 2005, VACATING A PORTION OF LOOKOUT PLACE The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of the public street over, across, and under the following described property, to wit: That part of Lookout Place lying between two lines: the northerly line being the westerly extension of the north line of Block 68, Columbia Heights Annex to Minneapolis, to the easterly line of State Trunk Highway 47 and the southerly line being drawn from the most southwesterly comer of Lot 17, Block 68, Columbia Heights Annex to Minneapolis, to the southeast comer of north half of Lot 2, as determined by proportional measurements along the east and west lines, Rearrangement of Block E, Columbia Heights Annex to Minneapolis. Section 2: The vacation of the street right-of-way described above shall be subject to the following condition: All necessary approvals for the Sarna's Addition plat shall be granted prior to the Second Reading of this Ordinance. This ordinance shall be in full force and effect from and after 30 days after its passage. Section 3: First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor- Gary L. Peterson Patricia Muscovitz, CSM/Deputy City Clerk -139- Appendix A Leqal Description for the Vacation of Lookout Place (As provided by Kurth Surveying, Inc.) That part of Lookout Place lying between 2 lines: the northerly line being the westerly extension of the north line of Block 68, Columbia Heights Annex to Minneapolis, to the easterly line of State Trunk Highway No. 47 and the southerly line being drawn from the most southwesterly corner of Lot 17, Block 68, Columbia Heights Annex to Minneapolis, to the southeast corner of the north half of Lot 2, as determined by proportional measurements along the east and west lines. Rearrangement of Block E, Columbia Heights Annex to Minneapolis. -140- SARNA ~er- ,>... Sf"'" ~- I :.~ I Ii I .~. I 0:', I I I I W _J ij. .< '-. .' if> n' ii'i :::.. ?5 I . i SCALE IN FEET I I SCALE: I INCH . :10 FEET 17'1 o /5 :10 ~5 60 I S ADDITION I L___________ -- I I r-.. " \ ,..... \ '-' :;:=: \ .~ \ if> I '" I ..... '" II: I .... ..c.. :.. W I :."'=" c .:=::: ;.. \ :" ~ .... I c z .:,j r.- iD I :> -... I -. -' 0 I til ..:::: I 0 \ ..~ :::.. \ ,.-- 31. 04-..... o . U EASBIENT -r-----.., \ ... 1 \8LOC!<I, \ t;"' I ~ \ \ )., Q,~ 0 I..... \') Q " '),' \ ..... .. c \ ,>...,' \,.c'" \ lili ... "'\ \ \ ,'"\ HI \ ,}~/ \ .' I ;>- \ \ 'V~( \ .j. I ~ () \ \/, /\ I ~ ._ \ \ \ : \ I. \ I \ 1 \ ..,\ \ \ \ I \:-~.\ c:. ,\ 0 \1 '0 \ .... \": ~ ~7.,-.\ -C"'~."- \'(('. \ _:-. -s:. \~::; \ ~ ~,'7Q \ r.... '\ ~ '\\J\ ... ,... n\ '7 c:.7 ~~.{::, \ ...... \-~-s:.o ~.. c. \\ '....", , (tI. \\ \~~~ ~~ \ ," ,'-_\ 1, ,0,'" \ .' \ {~~ J \ . .,,,,-' \ ,\.., V ,O,,~ \ .-1.V'" , ..:s,-,.. \ - '. \ o C K \\ ~\ ,.... \ \ ). \. \ \ \ ~ 0 ,. \ ..,:.,. \ ~............ \~:~' ~... \ "\,-:-- \ \ "', --!S!S,,3D'" ~.._-_:'::- :: 40Tt1 -lot.Y EXTENSION OF N. LI/OE OF BLOCK II ---N{89'~9'~6'E 18:1.08u- I , \ tlJ :!... " '-' ,-, '-' a.~ tL .-, ....1 LOT 1 z w '\ -- ...,/ ::E It! (.:) .:::: n: B L c: .::: -:..=.. UJ ,~' n: ,'. u_":J.~7u_ u-S 89'~7':16'W 18~.5Iu- ''\- ....... lot. Y EXTENS ION OF S. LI/OE OF 7Hf: \ N. 1/1. FRONT NI:J REAR. OF LOT 1 I I I .,.., SE CCIIIER 7Hf: OF N. 1/2. FRONT . - .... REAR. OF LOT 2. REARRANOEJ/ENT OF BLOCK E. COLIABIA /EIGHTS_ TO MIN'EN'OL IS FOR THE PURPOSES OF THIS PLAT. THE NORTH LINE OF BLOCK 68. COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS. IS ASSUMED TO BEAR S 89'~9'~6'W. . . I /2 I NCH I RON PIPE MONUMENT FOUND l.ffiARKED UNLESS OTHERW I SE SHOWN. o 1/2 INCH IRON PIPE MONUMENT SET AND MARKED WITH MN. LICENSED LAND SURVEYOR NO. 20270. )( . MAG NA I L SET I N CONCRETE o . U EASEJoENT ORA I NAGE AND UT I L I TY EASEMENT .A. \lENLJE t.~. E. 6 8 -. i- ,-. ~ ...l u tv; 8 E(,pr: : ~....:-... == I ' "_ : ~~\:i c' ~ I '2. g~~ : 0..... :- I . ... 7 ~ I .~~ I ,~'! .o~ I ../ ~ ~\o\ll ,~'tIl ___-7'!1' I I :' rSE CORtER. LOT 17 I .2,.:!!.-lL _ _1_ I / / / ...' \~~ S 89 -50' ~2.W \ '- 2. 7J -IIXT MY CClIII'et. LOT " \ \ \ \ \ \ \ \ \ \ \ ..... "Co S~. .,~ "-::). ~ m ,- I LI I I I I I I J___ S ~ ~ SiJ;...;rvi i T STREET j'J,. E . o .. .~~~ ..~. '(; ":'\''' \- \ \ \ -1.. 't~~" ~Q KURTH -141- vu.....lEYING. INC. CITY OF COUNTY SEC.35. COLUMBIA HEIGHTS OF ANOKA T.30. R.24 KNOll All PERSONS BY THESE PRESENTS: That Sarno's. Inc_ 0 IoIIMosotO corporation. ooners and proprietors of the folloolnQ desc:rtbed property. sltuoted In the Calmty of ^noko. State of IoIlnnesoto. to lit: Lot 15. Block 68. 10Qether 11th the norlheosterly 30.00 feet of the vocated Loakaut Place accrulnQ thereta. And That port of the northeasterly 30.00 fe.t of vacated Lookout Ploce. which lould accrue 10 Lot 14. Block 86. And Lat 18 and thai part of Lol 17. BlOck 68. IYlnQ southloslerly af the foflallnQ described 1..lne I" and northweslerly of the foflollnQ described 1..lne 2'. 1..rne r BeQlMlnQ at a paint on the south line af said Lot 17. dlstanl 2LOO feet westerly of the southeast comer: thence northloslerly to a point an the lest line SOld pOint betnq 100.00 feet southerly of the north,esl corner and there terntnate. 1..lne 2' BeQlIllllllQ at a pOint an the north line of sOld Lot 17. distant 10.00 feet easterly of the northlest comer: thence .outhlerlerly to a pOint an the lest line SOld pOint belnQ 10.00 feet southerly af the norlhlest corner and there temlnate. J.::lther 11th the northeasterly 30.00 f...t af vacated Laokout Place aCa-ufnQ thereto. Lat L ReorrCllllj8nent of Block E. tOQ8ther 11th Ihe south.osterly 30.00 feet of vacated Lookout Place OCcrulnQ thereto. and also tOQether ,lth that part of lhe vacated University ^venue aCcrulnQ thereto. And The north half of Lot 2. ReorranQeneot of Block E. front and rear. tOQether 11th the soulhlosterly 30.00 feet of vacated Lookout Place aCCTlJlnQ thereto, and also tOQether 11th that part of the vacated Ulllverslty Avenue accrulnQ thereto. All In ColuMbia Helqhts Annex to IoIInneapolls. Anoko County IoIlnnesoto. Hove CllUled the sane to be surveyed and plotted os SARNA'S AllOlTION, and do hereby donate and dedIcate ta the public. for public use farever. the Alley and also the droInoQ8 and ullllty easenents as shown on the pial. SARNA'S. INC. In Illness lhereof. SOld Serna's. Inc_ 0 IoIIMesotO corporation. has caused these presento to be IIQ11ed by Janet Soma. os President of SarnO's. Inc. IoIInne.ota corporallop_ thls _ day or ,200_. Janes Sarno. Presfdent STATE OF J COUIITY OF J The fore90lnQ In.trunent by Jane. Soma. President of SarnO's. Inc_ a lIlnnosota corporallon. on behalf of the corporallon las acknowledQed before ne this _ day of .200_. Notary PubliC. My Canntss'on ExpIres County, I. Randy L Kurth. da hereby cerllfy that I have strVeyed and platted lhe property dostr1bed on thts plat as SARNA'S AllOlTION, that thIS plat IS a correct representation of .00d survey: thol all dIStances are correctly sholn In feet and hundredths of a fa 011 nonunenb ,., be carrectly ploced In the qround as deslQl1ated: that all oublde boundary lines are carrectly shown on the plat: ood that there are no let lands or publIC hlqhlay. ta be deSlQl1ated other than os sholn. Randy L KII'lh. Land SlI'Veyar IoIInnesato License No. 20270 ST ^ TE OF IIN1ESOT A J COUIITY OF ISANTI J The fareqalnQ StrveyQN cerllflcate IOS acknuwledQ8d before ne this _ day or by Randy L KlI'lh, III1l1l810ta LlCenn No. 20270 .200_ Karen J. KlI'th Notary PubliC. I,anll County. IIIMosota My Canntsslon ExpIre. January JL 2010 Reconnended for approval by: CIty EnQlneer Dale CITY COUNCIL OF COLUMBIA HEIGHTS. IIINNESOn.. ThI. plat of SARN^'S ADDITION. IOS approved and accepted by the CIty CounCIl of the CIty of ColuMbia Helqhb, IoIl111lesola. at a requtar neellnq thereof held this _ day of . 200 _' If applicable, the mllen comant. and recomendatlons of the Cannlssloner of Transpartallon and the County Hlqhlay EnQlneer have been receIVed by Ihe CIty or the pre.crlbed 30 day period has elapsed IIthout receipt of such comeots and reconnendallans. as pravlded by Mlnnosota Statutes. Section 505.03. SubdiVISIon 2. CIty Clerk Checked and approved thl. _ day of .200_. Anoko County SlI'Veyor COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: June 12,2006 AGENDA SECTION: Items for Consideration NO: 7-A-J ORIGINA TING DEPARTMENT: Community Development CITY MANAGER'S APPROV AL ITEM: Resolution 2006-66, Approval of Final Plat, Sarna's Addition BY: Jeff Sargent, City Plan r DATE: June 8, 2006 BACKGROUND: Mr. James Sarna is proposing to construct a new 7,440 square foot restaurant on the southeast comer of University Avenue and 40th Avenue. This project will incorporate the combination of five (5) different properties, as well as the vacation of a portion of Lookout Place. On October 24,2005, the City Council approved the Preliminary Plat for this development, as well as the first reading for the vacation of a portion of Lookout Place. City Council also approved three (3) variances in association with the project, including a 10- 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. On April 10, 2006, the City Council approved a fourth variance, being a 2-foot parking stall length variance to accommodate more on-site customer parking. At this time, Mr. Sarna is requesting the Final Plat approval for Sarna's Restaurant. At the June 6, 2006 meeting, the Planning Commission recommended approval of the Final Plat for Sarna's Addition with a4- o vote. RECOMMENDATION: Staff recommends approval of the Sarna's Addition Final Plat. RECOMMENDED MOTION: Move to waive the reading of Resolution 2006-66, there being ample copies available to the public. Move to adopt Resolution No. 2006-66, approving the Final Plat for Sarna's Addition, subject to the conditions outlined in Resolution No. 2006-66. A l R I . 2006 66 P Z R F' I PI M . I ttae ,",ents: eso utlOn - , + eport, ma at ater/a s COUNCIL ACTION: -142- RESOLUTION NO. 2006-66 RESOLUTION APPROVING A FINAL PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR JAMES SARNA WHEREAS, a proposal (Case No. 2005-1102) has been submitted by James Sarna to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: Southeast comer of University Avenue and 40th Avenue NE. EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: Sarna's 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 ofthe 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 fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on June 6, 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 ofthe Planning Commission: 1. The proposed minor subdivision conforms to the requirements of Section 14 of the City Code. 2. The proposed subdivision is consistent with the Comprehensive Plan. 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. An NPDES permit will be required, at the time of construction. Additional erosion control measures along the southerly property line are recommended, due to the natural slope of the property. The City also reserves the right to require additional erosion control measures during construction, as conditions warrant. 2. All restoration of turf areas in the Public Right-of-Way (ROW) shall be by four (4) inches of -143- Resolution No. 2006-66 Page 2 topsoil/sodding. 3. All work within Public ROW shall be inspected by the City Engineering Department. Twenty four (24) hour advance notice of an inspection is required. 4. All utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 5. Disconnect any existing utility service stubs in accordance with Public Works requirements. 6. All sidewalks shall meet ADA requirements for pedestrian ramps and grade. 7. An Anoka County and MnDOT permit shall be required for doing work within the Right of Way. 8. A permit from Anoka County will be required for the driveway access to 40th Avenue NE. 9. The adjacent alley shall be restored and usable at the time of construction of the building. Passed this _ day of June 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -144- CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2005-1102 DATE: May 24, 2006 TO: Columbia Heights Planning Commission APPLICANT: James Sarna, Sarna's Restaurant LOCATION: Southeast Corner of University Avenue and 40th Avenue REQUEST: Final Plat, Sarna's Addition PREPARED BY: Jeff Sargent, City Planner INTRODUCTION Mr. James Sarna is proposing to construct a new 7,440 square foot restaurant on the southeast corner of University Avenue and 40th Avenue. This project will incorporate the combination of five (5) different properties, as well as the vacation of a portion of Lookout Place. On October 24, 2005, the City Council approved the Preliminary Plat for this development, as well as the first reading for the vacation of a portion of Lookout Place. City Council also approved three (3) variances in association with the project, including a 10-foot setback variance for hard surface parking, an a-foot height variance for the monument sign, and a 35 square foot area variance for the monument sign. On April 1 0, 2006, the City Council approved a fourth variance, being a 2-foot parking stall length variance to accommodate more on-site customer parking. At this time, Mr. Sarna is requesting the Final Plat approval for Sarna's Restaurant. CONSISTENCY WITH THE COMPREHENSIVE PLAN The area in which the restaurant will be located is guided 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 commerciallretail 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. -145- City of Columbia Heights Planning Commission Sarna's Restaurant Final Plat June 6, 2006 Case # 2005-1102 ZONING The property is also located in the GB, General Business District, and is adjacent to University Avenue. Being that the project is on the fringe of the 40th Avenue Design Corridor, is adjacent to University Avenue, and is also a focal entry point into the City's downtown business district, enforcement of the design guidelines will be subjective to the overall design objectives that the City would like to see enforced. Immediately to the south of the development is ME Global, located on a parcel zoned I, Industrial. The parcels to the north, east and west are zoned GB, General Business, with the exception of some residentially zoned parcels bordering the southeastern portion of the property. These residences are zoned R-3, Multiple Family Residential. ANAL YSIS Ponding The applicants are not proposing any type of on-site ponding. The development will rely on two catch basins at the south end of the site to control rainwater runoff and carry it to the City's storm sewer lines located within the Lookout Place right-of-way and adjacent alleyway. The sanitary sewer line will be resized to accommodate a 1 O-year event, with little interference or ponding in the parking lot. During a 1 OO-year event, however, there will be some significant ponding on the south portion of the parking lot (up to 6 inches) until the rain subsides and is carried on through the catch basins to the sanitary sewer lines. The City Engineer has reviewed the grading plan for the site and has determined that it meets the City's standards. Landscaping The submitted landscape plan meets the City requirements for the necessary landscaping in a new development. At the time of the Preliminary Plat approval, the applicants requested the use of a 6-foot tall arborvitae hedgerow screening the southeastern portion of the parking lot from the residential property to the east. The current landscape plan indicates that there will be a 6-foot tall wooden privacy fence used for the screening mechanism. A 6-foot tall fence meets the City's requirements for screening a commercial use from abutting residential uses. Parking The proposed restaurant will be 7,440 square feet in area, and will accommodate 184 indoor seats. During warmer months, the outside seating area will be opened, adding 45 seats. In total, the restaurant would be able to accommodate 229 dining patrons, requiring 69 parking stalls per City Code. The site plan indicates that there will be 89 parking stalls on site, exceeding the City Code requirement. A parking stall length variance has been approved, decreasing the length of all parking stalls on site from 20 feet to 18 feet. This variance enabled the restaurant to accommodate more parking stalls on site, decreasing the number of patron parking in the adjacent residential area. -146- Page 2 City of Columbia Heights Planning Commission Sarna's Restaurant Final Plat June 6, 2006 Case # 2005-1102 FINDINGS OF FACT Final Plat Section 9.104 (L) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a final plat: 1. The final plat substantially conforms to the approved preliminary plat. The Final Plat application conforms to the approved Preliminary Plat with a couple exceptions. They are as follows: A. The Preliminary Plat did not include a 25' x 50' portion of the northwest comer of the Final Plat application. Originally, the City was under the impression that MnDOT controlled and owned the property. After a title search, it was determined that the City owned that piece of land, which was conveyed back to the Sarna Development. B. The Preliminary Plat also did not include a description of the easement required by the City over a portion of Lookout Place, to be vacated and conveyed back to the project. 2. The final plat conforms to the requirements of 99.114. ~9. 114 is the Subdivision Regulations section of the City's Zoning ordinance. Conforming to this section would require the appropriate information to be submitted to the City for Final Plat approval. The applicants have met this requirement. RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the Final Plat of the Sarna's Restaurant, Sarna's Addition, based on the following conditions: 1. An NPDES permit will be required, at the time of construction. Additional erosion control measures along the southerly property line are recommended, due to the natural slope of the property. The City also reserves the right to require additional erosion control measures during construction, as conditions warrant. 2. All restoration of turf areas in the Public Right-of-Way (ROW) shall be by four (4) inches of topsoil/sodding. 3. All work within Public ROW shall be inspected by the City Engineering Department. Twenty four (24) hour advance notice of an inspection is required. -147- Page 3 City of Columbia Heights Planning Commission Sarna's Restaurant Final Plat June 6, 2006 Case # 2005-1102 4. All utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 5. Disconnect any existing utility service stubs in accordance with Public Works requirements. 6. All sidewalks shall meet ADA requirements for pedestrian ramps and grade. 7. An Anoka County and MnDOT permit shall be required for doing work within the Right of Way. 8. A permit from Anoka County will be required for the driveway access to 40th Avenue NE. Attachments . Draft Resolution . Location Map . Final Plat -148- Page 4 - ~ ~ ~ ~ ~ 4'54 - 4'46 - 4132 - ~ ~ ~ ~ 4112 - 410.. - ~ '--- 4054 : 4048 ~ ~ 4038 I-- ~ ~ ~ ~ ~ ~ ~ ~ H - 160 ~ ~ 3942 ~ 3928 - ~ ~ ~ ~ ~ 3906 - H ~ ~ 3848 ~ ~ 3832 - ~ 3820 ~ ~ ~ ~ !:L- 3756 i-=-=- ~.... 3744 oo ~ ~ ~ ~ Sarna's Restaurant ~; 4219 . ~ '" 14213, 4207 ~ ~ 0 R . ~....'i: '" 0 AVE ;== 4157 ~ '" N '" ~ I~ I--- 0 . 04147 '" N N .... ~ I !--- ~ !ii ~ . I--- . 4125 - 4121 ~ . - ... - 0 4117 - . 4105 . . - 0 0 >-- c::: A\/r: . ... 4051 0 300 <5 - .... 0 ~ 4045 ~ ~ ~ 4029 _ !! 1mB 117 ",,,,1,,,1 '" ~ o~ ogj::l u; ~ ~~ 4021 I-- 4013 ~ AVE G ~ 0 2;'6 JI ~ ~ ~ Pi/ 3g40 \~~ .-1! ffi 3934 3925 3929 ~ 3926 ~ ~ 3922 3915 0 39'. ~ !\~ ~9,2 3907 I '\ ~# ~ 6~ # .,p' ~ 3:::8 ~ !Jjjj" ... e?- ~ 3851 3850 4? .., 3847 3848 ~" !!/; 3843 384" ~ l'>) 3839 3838 3841 _ ~ .2!!E- 3832 ~ ~ '-- - ~ 3829 3830 ____ 3827 3826 ~ 3822 3820 I--- 3819 38iil 3823 3816 3812 '" ... o ... IS o 39'5 ~rf>9 3825 - 3815 ~ 3805 ~ 3810 ~~ 3805 ~ - 3801 - ~ 3757 !i>1--- 3741 I--- 3737 I--- 3806 3800 AVE 3753 ~ 3755 1 ~~:: !ii 3745 3740 1-00- I ~~~~ ~~~~ ~~ 3754 3746 - 3742 3736 3732 3726 3747 3741 3737 3731 w.' s ~ [4215 I 4220 4219 4209 4205 401 4216 4212 .206 4200 4211 4212 4205 349 ,. v . . ~ 4156 4153 4149 4148 4141 4144 - 4139 4136 4135 4132 4131 4130 4125 4124 4121 4120 4115 ~ 4112 4109 4108 4105 4104 401 4100 4120 4217 4218 4213 4212 4211 4208 J: 4205 4204 t;:; 4201 4200 42ND 4159 4158 4149 4154 ~ 4144 ~- ~ 4136 4129 4128 4125 4124 4121 4120 4117 4118 4115 4114 4111 4110 4107 4106 4101 .'02 4055 4042 t; --:;o.;;-~ 4039 ~ _ 4034 (037 4028 4025 ~ ~ 4014 ~~ - ~"T 4002 j:: 41ST 4~ ::!Osil .... 4051 4056 4051 oo 4051 4048 4045 ~ 4045 4044 4040 40-41 4040 4039 4038 4039 4036 4033 4034 4033 4034 4031 4030 4031 4030 ~ 4024 4021 4026 ~ - 4021 4022 4017 4018 4019 4018 4013 4012 4015 4012 4009 4008 4011 4008 J: ":1'" ~ 411 423 t;:; ~ ~ 4000 4100 """"- ~~ ~ 81~ ~rJ'32 ~ 395(0\1 I''''I~ ~ 3950 %~"' ~I 3914 \. Oc, 'il-J ~ ~ B ~,_~ 3944 "',~ I 3966 ~ SUMMIT tt - \3923 ~ =If, 3952 ~ ' ~~ \ ~ 3800 PL 3891 3800 3809 w z ui ~ ~ 38TH AVE "" /1 Location Map -149- ...E.!L 4213 4209 J: 4205 to 4201 4219 4215 4209 i=~ t-.... 4201 4216 4208 4204 4200 4216 4212 4208 4206 (!) -1ffi- ~~ ~ 4209 $: 4201 4218 - 4212 ~ 615 AVE 4157 4156 ~ 4156 4157 4153 4152 ~ 4150 4151 4149 4148 I :::~ ~ ~ 4147 4141 4142 4143 4140 4141 4139 4138 ~ 4136 4139 4133 4134 4131 4132 4131 4129 4128 4125 4124 4129 4126 4129 4121 4120 4125 4120 4117 4118 4117 4116 4113 4112 . 4111 4110 0 4111 4106 4105 4104 ~ 4100 4101 4100 4101 AVE 4055 .... oo 4051 4047 4041 4033 4029 4025 4023 4017 4013 - J: 535 to 4056 4057 4050 !ii 4055 4046 404 7 ~ 4043 4038 4037 4034 4030 4033 4026 4025 4022 4021 4018 4015 ~012 I--- ~ ~ ~ r-- AVE ::'o;J~IllWACI1Y ICE 4156 4150 4146 414 413 413 412 ~ ~ 411 - ~ 410 4056 4052 4046 4042 4036 4032 4026 4022 4057 !ii 4053 ~ ~ 4041 4039 4033 4029 4025 4021 405 405 405 - 404 403 403 402 402 402 401 z ~ (!) ~4018 ~ . oo ~ g ~ 4015 '" I'" "'(I o 0 - '" .. '" ~lg~l~ $/- - ~ '? '" OJ' OJ' '3- '" {p 'ti~ "'~'" " !!! ~,,~ ~~ ~"'\'\ UHU~! ..... - "" y.. ...'f(,<>. ~ "";;;; K ..,. ,^I~ .... :::: >- ::: It.~ d't--~ ~'\iI" 3151 U) 3WI ....,;y .?~:\.~,,'\- :::: ~ :::: ..../I~ 3W~U53 LOMIANKI "" ~ f-;;;;- t;; c;;;;-"" hUH UHUB Euuns HaHH ~ I ~ I~~ ~ *1 ~I ~I fl 811 ~ ~ m ~ s I ~ I ~l AVE 38TH /J" ,,~ AVE IimbEI ~ ';;; "" ->- 3llI2l-3H3U) JI80 U) Sllfl1 < :::j::;i Ju.W38ll5~ ~ 5L~ ~ G iL SARNA ~"1"""" IS n' .,- ~- k I I :;! I .~. I en I I I I 00::- ~hl ~.; it ~ en co!: tlJ :::.. :z: :-.:: f . i ~ SCALE IN FEET I SCALE: I INCH. JO FEET P"I o I!S JO 4!S BO ~~-~--n ~~-~~-I 'DOC. NO. "-=""'\', \ ' :. I I -i' ,B._OCt"'I, I ' ";" I~ ~ - \' i ~ 0.,/\ 0 I~ " I ill \ ,~~o.,/ '~/ , ..... I~ ~ ~~ '\ 0 ~"\ ~->l I :::. \ \ ,~/ \ .' I I (..} \, ,O/~/ \ .s, I o \ '(~' /\ 1 I \' \ / \ I.. I ...J '" I a:J \..\ \\ ,I I \,,:::;.\ C,\., 'I '~-" , .... \~.. u. ~ \ \~...~.\ -('" 0:. 7_ () \ "~:...\ -"", ,-,;. ~.,.. \ LOT 1 \---:,., ... \~..", \"0\ CC\ ,.... I 0, .,. 0'" z ;0...\ "'~ \~"%.o I \ (.... , Co ,\ I u..' LOT ,,:.:., "''''.... \ :;.: "..., \ "...\ \'_ ,\ .,0...."" iLl '(i\ I \ / ,." \ \.;-:. yl ,o/~" ~; \.'oZ...\.:-'''' \ I - _ _ _ _ ~(~..\ I < \ ~ I: BLOCK \, ''''. I..:: .... \' \,\\ \ \ 10 ,. \ ~-:.. \ \ . . . , , /~ \~.."~- : -". "'~\ ..:~., " "', --55.30'" ~_..._...:":.:- , GO " .. ... :.. () " ... ... () Z S ADDITION I L_________ : ,(!nT~'1 -lot.Y EXTEN$/~ OF' N. LI/<€ OF' BLOCK e. u-N(B9'49'4S'E 183.0B--- I , r--', ...-:- Cl ?: :r: en 5 .;...... ~~ ,. '- ::-.. f- en c: tiJ :::.. ~ .' :J r. ITi f- < (,) :;: .--'''.04--. ---153.47--- ---S 89'4r::JS'1I IB4.!SI--- '~ '-lot. Y EXTEN$ION OF' $. L I/<€ OF' '/HE I N. In. FRONT NoD IIENI. OF LOT 1 I I I .,., IE CORNER >>E OF N. 1/2. FRONT. - "'" _. OF LOT 1. RENIfINoIIJSENT OF BLOCK E. COl.LlBIIlIEIGHTS_ TO 1I1M<EIIPCL 1$ FOR THE PURPOSES OF TH I S PLAT. THE NORTH LI NE OF BLOCK 68. COLUABI A HE I GHTS """'EX TO t.41 r-.NEAPOL IS. IS ASSUt.4EO TO BEAR S 89'~9'~6'W. . . I /2 I NCH I RON PIPE t.4ClNU.ENT FOl.ND l.N.fARKEO lJI/LESS OTHERW I SE SHOIIN. o . I /2 I NCH I RON PIPE tolClNUoeNT SET ANO t.4ARKEO WITH 1otN. LI CENSEO LIIND SURVEYOR NO. 20270. )( t.4AG NA I L SET I N CONCRETE o . U EIISSENT . ORA I NAGE ANO UT I L I TY EASEt.4ENT .A. VENtJE ~..: r:: "l' I I I I I I I I ..J 6 8 /.) c: o ..J COLI U M t3 N T I I I I I I I .. 1'= M ".. -L__L o .. r I I I I I I I <:> -,- I I I I I I I . .. r- -'>'" f'.l t... ".J t::. _1- !-. .~ 'J o r-- ..., ~ ...l (3 t1( i S ~ -:-s TCOIlN9l-:-LOTi1I- ----1., .,.,. - ". /.:1'tt.o I . , 0-" I. M Ii N i'.! E ('. P 0 .;-0:: ~- I 00 I ~~5 ~~ -: I I :i:~~ i:i 0 0 I I ..J I .__..J I I .~~ ,O~ I ../ ~ ~\o91 -----,7').1. , I : r-SE COIIfoEIl. LOT 17 , _l'.:!!.._lL _ _1_ .' \~. S 89'!SO'::J2'1I \ -'2.7J -II/Wt....y CQIN!IP. LOT 17 I I / / \ \ \ \ \ \ \ \ \ \ \ .'~' "q. t.:k. 'q.. ":-:'\ "?" '-;."' "; ....(\\ ,- I LI I I I I , I -1___ s 0;' :ou o SUMMiT STREET N.E. o .. -1-. '\- \ \ \ KURTH -150-'EYING, . \:~.. "a INC. CITY OF COUNTY SEC.35. COLUMBIA HEIGHTS OF ANOKA T.30. R.24 KNOll ALL PERSONS BY THESE PRESENTS: That Soma's. Inc. a IllMesata corporation. owners ond proprietors of the fotlowlnQ desctfbed property. sflooted In the County of Anoko. State of III1l1ll1S0to. to wit: Lot 15. Block 88, toqether with the norlheosterly 30.00 feet of Ihe vacated Lookout Place occnMq Ihereto. And That port of the northeasterly 30.00 feet of vacated Lookout Place. 1Ihlch would accrue to Lot 14. Block 88. And Lot \6 CIld that porI of Lal 17. Block 68. Iylnq sauthweslerly of lhe folloWlnq described "Line I' CIld northweslerly of lhe follawlnq described 'lIne 2'. "LIne r IleqrnnInq at a point on the south line of SOld Lol n. dlStlllt 2L00 feet weslerly of the southeasl carner; thence northweslerly to a point on thfJ ..st line sOld pOint btItnq 100.00 fHt southerly of the northwesl comer CIld there lerntnol.. "LIne 2' 8sq!Mfnq at a pOint on thfJ north line of SOld Lot 17. d1sllllt 10.00 feel easterly of the northwesl carner; lhenCll southwesterly 10 a paint on thfJ wesl line SOld point betlq 10.00 feet soulherly of the northwest carner and lhere tlmlnote. 1,ether WIth thfJ northeasterly 30.00 feet of vacated Lookout Place occrurnq lher.to. Lot l Rearr::1 of Block E. taQlther WIth lhe southweslerly 30.00 hel of vacated Lookout Place accrulnQ ther.lo. ~ also 10Qe with that part of the vacaled Unlverslly AvstlUll accrutnq therelo. The north half of Lot 2. Rearranqenenl of Block E. front CIld I'ltar. tOQether with the soulhwesterly 30.00 feel of vacated Lookoul Place aCcrulnQ thereto. and also 10Qlther With that part of the vacated University Avenue accrulnQ thereto. All In Colunbla HIIQhls Annex to IlInneapolls. Anoko CQUlIty IIlnnesola. Have caused Ihe .ane 10 be surveyed lIld plotted 01 SARNA'S AOOITlON. CIld da hereby donate lIld dedicate to the public. for public use forev... thfJ Alley CIld also the dralnaQl and utHlly easenents 01 shown on thfJ plat. SARNA'S. INC. In Wltn... 1Iher1lOf. SOld Sarna's. Inc. a IIInnesoto corporation. has c<lUSld lhMe presents 10 be slQlltd by Janes Sarno. 01 Presldtlnt of Sarna's. Inc_ llllmesola Corporation. lhl. _ day of . 200 _' Janes Sarna. President STATE OF J CQIAIlTY OF J The foreljOtnq Inslrunent by Janes Sarna. President of Sarna's. Inc. a Iltnnesota corporation. on bllhalf of the corporation was acknollledQed befon ne this _ day of .200_. Notary PublIC. Ily Connfsslon ExpireS COUllty. I. Randy L Kurth. da hereby certify that I have Slrveyed CIld platted the prapllrly descrtbed on this plal as SARNA'S AOOITlON. that this plol Is a correcl representation of sOld survey; that all distances CINl carrecUy shawn In flel CIld hundredths of a fa all nonII1tIIIts wHI be carrecUy placed In the ljI'ound as deslQIlCIled: thaI all oulslde boundary lines CINl comtCtly shawn on the plat: CIld that there CINl no ..t lands or publlr. hlQhways to be desl'lllat.d other than as shawn. RCIldy L KII'lh. LCIld Surveyor lIInnesota LIcense No. 20270 STATE OF ylltESOT A I CQIAIlTY OF ISANTI I The foreqolnq Survey,," certIficate woo acknollledqed btIfore "" this _ day of by Randy L Kurth. IIInnesata license No. 20270 .200_ Karen J. Klrth Notary PublIC. lsanll County. IlImesota Ily ConnfUlon ExpII'ltS January 3l 2010 Reconnended for approval by; CIty EnQlnMr Dale CITY COUNCIL OF COLUIlBtA HEIGHTS. YNNESOT A. ThIs plat of SAANA'S AOOITlON. woo qlProved CIld accepted by thfJ CIty CoIIIcII of the CIty of CoIunbla HefQhls. Illnnesota. at a I'ltQUar neetlnq thereof held Ihls _ day of 200 _' If applicable. thfJ 1IrIttlltl connsnts and I'ltconnendatlans of thfJ ConnlSSlOfter of Transportotlon CIld thfJ CoIIIly H1Qhway EnQlneer have been NIClllVed by the CIty or the prescribed 30 day ~erIod has lllapsed WIthout rece"l of such connents and 1'ltCQI1ntfICf0tlans. as provided by IllllllllS0ta Statutes. s..cllan ~05.03. SubdIvIsion 2. CIty Clerk Checked CIld approved Ihls _ day of .200_. Anoka Caunty Surveyor , , , , , . #" ( ,F --t-."..u,- w :::::> z w > ~ ~ (j) a: w > z :::::> 1(}-{) 18-0 I, o I ;;; I. n~ 1 " 18-D o I I J 24-0 L ~ I ~I LHO ~ % I 9O-D 9-0 22-D 5/9 9SP - - \ \ 1 5' R.i\ll? 0 ~ ~ 40TH AVENUE NE 34-0 ;;SISN / RADIUS TO bLi " L.\ , . , C'ITfsTAND RD .\ ., ONC. APRC IR- . "" ',J . I 28 0 18-{J '8-D 'I 9 ~ c:: ;13SP i ~ LT. POLE I f.:,- I- - 1 I ~ i o , '" "'+-k, J~ :': , '\, I asp ,.- 4.E RAD. ~ 72-D '- ,16SP 9 ~ \ "--- SIT M. - ~ I , . , I , j' , I I~=- I ,~ ~, 0 , <Xl ~ " : '1 ,I ., ,-' - i', '.1. , . .tX.' I ! ! J; , .. - i 26-0 i o , .... '" " .., " I, I. ' 'j ~\ . . ~ .. . 1\\ H'~ I!~ ~ , ~ ~~ I I 'i' o .... ..\- '" a:l j'.< " " " , ><. 'f ~ "NORTH ;/ / CONI SIDEW LK - 'r r,.H " == ,8SP 6 ;0- 1 a-:o I '"': - o .-;-. " -I<- ~ , 0 i IT- . ,I=; ~ ; 9; I'llRIIISI4' I_~I ~ I Ib' SO"(! 32-D SITE PLAN SARNA RESTAURANT ~v k- l- I- 6..:. -':- 5-0 CONC. SIDEWALK I ~ !=='., . .1- -~ ::.r-, SITUM. \ . 1- .~ ~ -f 21 ,f) t n ~' " ! 4 I ~ EM- f;(., G~ IJ ~ i +- ~- ; \1\ \ ~ ; % ~4-:RAD , y-~ _ . ,1 [SOLLARDS ~,'I:.J:'1 j~ ~"I 'i{~ I.' ~ LT~POLE _ }' /i SITUM :-/ I ! ~ i 24'-0 . I ;:-ra::rr---r--ra'=u'-;, 24-0 " rl. LT. POLE i~~ 81-D ftFf 0' 10' ,20' I . PARKING: r REGULAR: 85 H'CAP: 4 TOTAL: 89 SPACES 10SP l 18-D llv I / :ONE STORY BUILDING 3-0 ., r.::. j-..: :..:.. - - ~ ~ 6'H V FENC ,"7 5-D t!; - ~~ ~ ILK ~ "'" '.,? - {/ ,1,' '- ~,\ " \ -151- : ',. EXISTING ALLEY t 1~.9 ! ~E ~T AIJRA 1J1 .-.-. /, 1/ I PROPOSED ALLEY i EXTENSION SITE SIGN ONE STORY . RESIDENCE r 1-4) r- I' ~I I , t'i I' '=-1.' 4'P ENTRY SIGN L . ' ' ------'-. , ,SUMMIT [STREETNE r ~ "',f) ~j.... l1 f1II o 2' 4' ssv A -vrl,;r/lrr,. '''''/l II T~A ;; LU :::> z LU > <2: ~ Cf.J a: LU > Z :::> 40TH AVENUE NE ~ I - 4B- x I I J6SP \ ONE STORY BUILDING . i13SP 9SP i EXISTING ALLEY / r I PROPOSED AlLEY EXTENSION .12!SP 10SP ---r--- ><. 'J. . ~ . NORTH O' 10'20' LANDSCAPE PLAN - fLFI SUMMIT STREET NE r SARNA RESTAURANT -152- PLANT SCHEDULE MARK PLANT NAME MATURE SIZE PLANTING SIZE A TECHNY ARBORVITAE 15 - 20' H 6' hioh P PFITZER JUNIPER 4-5' H X 5' W 24" d. (5 gal.) J SAVINS JUNIPER 3-4' H X 5' W 24" d. (5 oal.) H PEGEE HYDRANGEA 5-6' H 24" 50al.) M DW ARF AMUR MAPLE 4-6' H 18" (2 oal. E WINGED ENONYMUS 8' H 24" (5 gal. T JAPANESE REDLEAF BARBERRY 3'H 18" 20al. N GOLDEN NINEBARK 6'H 18" 20al. L EMERALD MOUND HONEYSUCKLE 3' H 18" 2 gal. TL JAPANESE TREE LILAC 1S'H 3' (S oal.) C PURPLELEAF SANDCHERRY 6' H 18" 20al.) S SHADE TREES: 40 - 60' H 2" cal. SUGAR MAPLE IMPERIAL HONEYLOCUST PIN OAK SSV II Architecture Inc 1 .1 (, './ ill ": il f IJ - ~ N W+E 1 207.00-- 2OlJ.40 - ,.. i 24~ ""Id~ Optm,iag '" '~ lJJsJsJl .t J/l:IJntll/D Rm:k CcnstrucUon L'ntrttncf!' .-- Dunng COD3Ln...dJon ,'" i' ,;' 'J,' IO~ lrw 2(1/ 70 y,'" '~ " f /". I' 'T l~ ~... fr;~7~rc ~t ..[ I I -1-, '.1. I I ~~ ~ " I i :I~. '::; Jd, i : Ie , Hi 14, II I '\~" ,['c . 'fiJ2 ~<:"'''J~OAOING l! 334 I 'l~:,Hl'" j~i.: I ~:J: I Ullh J - =:...;;:;:;;...-- ---""- - ~ ---:.;:- -- ---I IJ'r:;U.I!J 11 J ( )Ii i I l 0 F'. i I I I 20 Feet 48W DifJ. ),{Ji 20 40 r: 11 I~ i..-.:l T r- (,/1 (\ [,) IJ Ii ! 'j () DUJOTES: IRllN FlDE' "l[!Ni!MFNr n]I~~HJ DUJ01[:; IPmJ PIPE M[jtJIIM~Ni SC' DENOTES HACl ~J"111 AND DLI' 'T 1 nUmrES ".)(j::.l!NG :;AI-iTTAf.U ''':;L.,.IfL' Ld ---) litHO![" 1 Xl~,TI11Ci "'-';"ilfP f.1/\IN -..-.G flU"OT[S FXjSTrNlj flA': r.~AfN DU"mTS [:<:rSTINl...l I"UNlY[T[ LlJPH till nENfJTF~ :' f'uor C[JIJTOUP L !r>l[ nrNmc: 1 rO!JT LrH'1T1l11P I n'Jf L.lJ i L, I I , . m_] II 32~ rJNf. STORY BRIO: """"l.... ~L.,. L J ------- -~_. ._~ BENCHMARK, rNH AT 401H I!. LtlO~~uur"ELE\/ 21::' ':>5 ([IT'( [l/dUM) BfNCHMARK' TNH AT SUMMIT Po L(lnl(nl!T~nrV?05,:e, <(fry DATUi'-I; ffJT^L AREA nr HOI1NDAPY '::- 5J.?hO! SQFT np Ii" ACRE" <f [n . ,', \ [ / J ..>.,_L.r + DENOTES C[fNCRElf ~lIf--:F..\C[ lP ~ /?fJR.? DCNOH5 [K/STING ';P[11 II ['vf, l!1W TJ(NDl [:; CHAIN L IN~. FENrl 19 (-'p - UH[-<f- [TH(' ~ DCNor[$ rO'..;[R rOlF / O\'EP'-l[AD [L(XTRrc f--- 1---'1 V) 0, 1,.1 P~posed Building Finished Floor 2/0.1 No Basement DFNLJrr:s Blt~(I<'l[)P.CONCJ.2F.'Tl I'.,RfA (pm!~' ClJr,lDl11l-II,J\ DENOTES TCLEPI-!UrJ[ rLrt[:;T"! .!Nn~:p.r;p[JU~JL1 ) ~-! IT'HfJNL --2(,H DENOTE::; PRnpO$[ 0 CUPD ,/ f.-j Roof Drainage Directed rO'W'/Jrds Detention Pond ~-~ '201 D[NOTES PROPDSf.D LO lUll!: DENOTES PROPO~[D DRAINI1Gf AND U rILll Y [ASU1[ttT UN[ ::::' Ii:" I ~ I ..: ! ~ 2,1' HUS;H[S :-:~'~'" ~:......:=n '" , c ':>('6 I ~'11 ~ 11 ~\~ ," I \ :; I ~ 4ipp ~ \ \ "' " I II \ -+---- ~- ...u___._ 1__'.. c.. TFjf [ 1\1. t:. < < Ex1!1tiDl CcndltJon 2 Yt!lIr-i!,38 ds 10 Yt!lIr-4.oI3 ell! 100 YNr-(;,9!/ cl:r 205 0 SF 205,5 - 40 SF 208 - 810 SF 207 - 4860 SF -() PrapCHd C~ 2 Ytuv-iJ.06 c/$ /0 YelJr-J.59 cIs /00 YeArmS 48 cf$ Computiffl 100 )'t"lilr lff'L ,,. 207_0 Nole: 11Jil rrark i8 to be dODe undtJr tbt'J City NPOES Permit for the dormstream pond. Contrsctor and City shall II.mmend said permit to jnclude this work. All work shall meet City 0/ Columbia Heights Product and Workmanship Standards :for Municipal ComrtrucUon. \ \ I hereby c:ertlly thot thiS pion, SptlCiflCQtoon, or ",port was prepored by me Of under my .,,"', 'up<Nf,,,,, that I ,m , ."" u"'...~ ""de, Ih, 10., or Ih, S",' , to LJ.....1 Roger W elson ~ - Ottf.e-AE..r:i:!_!~~ ___~_ ltCe"",' 14J89 ~53- Nelson Engirleering ll__ ",oumy County Hwy 10, Spring Lake Park. MN 55432. (763) 784-7390 Grading & Drainage Plan Stormwater PolluUon PrevenUon Plan Sarna's Bar & Gn1l, Columbia Heights @ R. Nelson Engineering 2004 DATE REVISION .5lorm S~".er JlH CtJ!fU Cov~r ,,!~J Li''') , ' ..<.{ ,... ~,1 ~,,,/' -. __~_ -:::/ \o? 24~ OptUJillS Pro.,.id~ Stltely Grl!fte lDv_ 202.00 Detention Pond Outlet Deta}! SILT STOP FENCE DETA1L __ $SF.. ssr ----. SSF.. SSf""'" SECTION -l.~." . -rt2:: .--:l ~ 11.4 BARS. @ 12' Q.C T I "., I 1 VAAtAllLt TOPV1EW CONCRETE SPILLWAY Abandon Stor Sewer .-) II Ii, I! I' 'I !r<", \I~ \I~ \ ~ 1\' I \ _,.2','. - II ' : Jt I, I I :hi ! I J Ill" j II Ii ~i L '" I r- J II' ,- r--c-'-~-";="-'C:'.'- , 'I I 'I II' " " . , I" II " I d.' I i;\ II.- l {,l if III ;1 ;] '.) ., I.... ,0,: I ~ tll ' ! j \ ~\: 'I ., I , ~\r \1", III ,. pGI ,_ ...___..__1<--' ___._,_-.._iO [] \1 Iii II" 'II ',I' II " II , I! I' , ,I 1\ Ii \1 II I[ II II li\\ \1 1,/ 1\ . j I \1/1.ll I '1 II ! II J. @ R. Nelson Engineering 2004 ,,::',,- L \ -" ~/ LtJ :J ~ I~ \ Ill! I 11\ \' I I 11 \\1 II \\I'r I \1 ! 1 II II \ I I' I' II i j II I I Ii I . ,I" II 2''''\1 Ij, \1 II ~ \ !I ~ \ Fl.l / <"....r ~.- r~-.I l/) (t' I,l I-'--{ --1 J 4/12/06 Update- Plan # DATE REVISION 1 Ii I,,] i _I ~ " I .- Ll ),' J] IU II !1 fl r , f"1 I.FCrUHi 2' H --"C::,. 1 SPR/lr./ II, " t_:;,., . , ,11.' ~ . " I' ; 1 j I: 1 . 't . :l,?S ONE" " ",rlll..) ttl?lt"- '. + f!1 J!l DltJG '- --.+ - 21lA ;~ I \:l 'u ,:'01 ""1 _L __L. ~ N W+E ~ 20 0 20 40 II:::I-=-~,:='::== Scale 1 Inch = 20 Feet l)f.!JJJTf'; !Rnl'l r'!!-'f:. t'llJ~~(JH~..tJT r 11UIJD n~ N[),C:- IJ.:2fJN PIP[" M[Jt.jl IM[ tp (;E-' NU:I ~,W, NfI]I (.,tW VI ,I, :[ r DfNrlTf' f.:lqi/Jlj \/ltJllARY f-...TP t -- iJFI-JtH! '. L -I::: r IN() ,1f,1!:.!:, t-1(dN ------r:; DI-N[]1L [Y.!:,T!WJ tTAS t-1AW ,.' t.-'OfJ,;' ]';l ---'"*._---_.~-- pp .-G.'-/f-o Proposed Building Finished Floor 210.1 No Basement 6' Ii>' Z01"t N' H4P ..-<< :, .),:". DUJ[1T~ r';~!S-fltJG C[JNU,'f'!T f'iJRB ~_I.'T m.NDI!." "i ranT r:I1NTIJI..!~' tiN! nfunn" 1 1 nUT rTJNfmiR LJrl! Hlt'Jl:1L: !_.,:t:;rl:,{j ~':f~":!'! L!! ,'1\l!flH DLM.11! r:Hi',!N t.JNr' r LtJl:f fJH-J["]T r': r>m.if F rou u.-..n:1liMl 1-"1 f:r-TP!( DCW!:[:. TEl.EPHDN[ prDL::Tiil UNN~RLiPOt Ir.JfJ T[L[PHQt,!L PCNfllf f:QW'F:rTL r\I..Jf.:!'^'_f Di-Nrnr r, BLI'!U: lOr- 'UltJt:P.1' rr I\F:~~/\ 'PflQi=! cmmn InN) l1f NOTl.:. I'HrJPfJ~;U) i':IJPB DU>i1ll f-' r-FflPU:A~ D UJl ~"INL LlLUUH. r'r.:r]IYJ<;lO fJPAIW,r,f" M-JfJ IPlll1'( f {\~:rr~n.n Lltlf: TlJr At (,k'[,~ eiF prJI Jr<JIJAt BENCHHAR]<:: lNH ^l <1(:HI &. Lm]kLJU1'.[I..['/,::15'.~5 'illY PtlTUM) f!r::-NCHMi';r-~!< ~t~tl r'\l ~Ut-'f.1J r 1:'. LfTJi-;[!Ui" -n [V ,cr" ,,'_ '-Ci 1\ ir.~, ru/,1' ftf~pr\ FI.....l-1f''S )0' ....!U(ll.l 201 ~ . BU::HCS " ---. ,~:': '::'":1 "208, I' .,] PI [I I J.I . 1,1,1 F 1 u F.' 'v^J _--:-:--ji- ;>i"l:;W4- ... ',\, I hereby certify thot this plOll, Ipedr.cotion, or report wos prepared by me or under my direct sUJ)eNiaiOn that I am 0 duly Ul:af'laed Professional Engineer under the lows of th. Slol. of '010. t.J.~ P -154- Nelson Engineering County Hwy 10, Spring Lake Park, MN 55432, (763) 784-7390 Sanitary Sewer & Waterman Plan Sarna s Bar &- Grill, Columbia Heights Sheet / 1/' / 1 Ul:eMel 14J89 j b<::t! 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SP ft-...._~.:.... ~'-""':,'''. r: ~ I i' .., .. ~ A :: J: ~ ~ 1:/ l:- I ~i ~ ~ f..... : ~ ~IQ,.'J ti!"'~ ... .. , .........--... ...-.... .........'......-.......-.........--.---- -.. .... ---..-..--.-.-.---.---- ,'" , . .-'1.-..____....._f ~ SITE LIGHTING Nc>['nH l~~-i .y..---'--.-.y ! LI i ..... i O' 10 ;-0' SSV Architecture, fnc 114 North Third Street Minneapolis, MN 55401 COLUMBIA HEIGHTS CITY COUNCIL LETTER ee mg 0: une , AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY MANAGER'S NO: l-A-~ Community Development APPROV AL ITEM: Resolution 2006-67, Conditional Use Permit BY: Jeff Sargent, City Planner BY: A;W for a T-Mobile telecommunications tower located at DATE: June 7, 2006 ~ 1400 - 49th A venue NE M f f J 12 2006 BACKGROUND: At this time, Mr. Steven Edwards, a Site Acquisition Specialist for T -Mobile USA, is requesting a Conditional Use Permit (CUP) for the installation of a new cell phone tower located at Columbia Heights High School. The cell phone tower is considered a stealth tower, as it will replace an existing light pole surrounding the football field at the high school. T -Mobile proposes replacing the existing light pole with a 78-foot pole, with the capacity to hold the existing light system and a T-Mobile canister installation to enhance T-Mobile's digital telephone network nationwide and particularly in the area around the Columbia Heights High School and surrounding residential community. The City Code Section regarding telecommunication towers was established in order to protect the City from an overabundance of wireless towers, while maintaining and protecting the character of residentially zoned neighborhoods. City Staff finds that the T-Mobile proposal has done an effective job in locating a new tower in a stealth-like manner; minimizing the visual impacts the tower may have on the City as a whole, and specifically on the surrounding residential neighborhood. RECOMMENDATION: The Planning Commission held a public hearing on June 6, 2006 and recommended that the City Council approve Conditional Use Permit based on the stated conditions, with a 3-0 vote, and one abstention. RECOMMENDED MOTIONS: Move to waive the reading of Resolution 2006-67, there being ample copies available to the public. Move to approve Resolution No. 2006-67, approving a Conditional Use Permit for the installation of a telecommunications tower located at 1400 - 49th Avenue NE, subject to the conditions stated in the Resolution. Art hm t R I {" M 2006 67 PI R fA r {" Ut ./ ac en s: eso U IOn o. - , anmnJZ epor, lppllca IOn a ena s COUNCIL ACTION: -159- RESOLUTION NO. 2006-67 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR T -MOBILE, USA WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2006-0601) has been submitted by Steve Edwards ofT-Mobile to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 1400 - 49th Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (O)(5)(e), to allow a telecommunications tower in the R-l, Single- Family Residential District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 6, 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 offire, 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 character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public -160- Resolution No. 2006-67 Page 2 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 A TT ACHED: 1. All required state and local codes will be met and in full compliance. 2. A barbed-wire fence may not be used for security around the tower compound. 3. In lieu of a privacy fence, the applicant shall use a chain link fence surrounding the tower compound. 4. The telecommunications tower and compound may not be sold, transferred or assigned without prior notification to the City. 5. No sublease shall be entered into by any provider until the sub lessee has obtained a permit for the subject wireless communications facility or tower or antenna support structure. 6. The tower design must be certified by a qualified engineer specializing in tower structures and licensed to practice in the State of Minnesota. The certification must state the tower design is structurally sounds and, at a minimum, in conformance with the City's building code and the State Building Code. 7. The applicant shall obtain a building permit prior to construction of the tower. -161- Resolution No. 2006-67 3 Passed this _ day of June 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -162- CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2006-0601 DATE: May 30, 2006 TO: Columbia Heights Planning Commission APPLICANT: T -Mobile USA LOCATION: 1400 - 49th Avenue NE REQUEST: Conditional Use Permit Telecommunications Tower PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Mr. Steven Edwards, a Site Acquisition Specialist for T -Mobile USA, is requesting a Conditional Use Permit (CUP) for the installation of a new cell phone tower located at Columbia Heights High School. The cell phone tower is considered a stealth tower, as it will replace an existing light pole surrounding the football field at the high school. T-Mobile proposes replacing the existing light pole with a 78-foot pole, with the capacity to hold the existing light system and a T-Mobile canister installation to enhance T -Mobile's digital telephone network nationwide and particularly in the area around the Columbia Heights High School and surrounding residential community. PLANNING CONSIDERATIONS Consistency with Comprehensive Plan The Comprehensive Plan guides this area for a Park. The current use of the property is for Columbia Heights High School and Highland Elementary School. These uses are consistent with the acceptable uses in the zoning district in which they are located. Telecommunication towers are allowed as Conditional Uses in residential districts. Consistency with Zoning Ordinance The property is zoned R-1, Single Family Residential, as are the properties to the north and east. The properties to the west are zoned R-2A and R2-B, Two-Family Residential. The properties to the south are zoned R-2A and R-3, Multiple Family Residential. -163- City of Columbia Heights Planning Commission T -Mobile - Conditional Use Permit June 6, 2006 Case # 2006-0601 The City's Zoning Code has a specific section regarding the installation of telecommunication towers within the City of Columbia Heights. This ordinance outlines specific criteria for the location of towers in the City, and must be followed in order to receive a CUP. Some of the specific requirements are as follows: 1. Co-Iocation/shared use of Towers. The City should strive to promote and encourage the shared use/co-location of towers and antenna support structures in order to help minimize the total number of towers within the City and to lessen the negative impact that a telecommunications tower may have on a residential neighborhood. Applicants must prove that they have studied alternative locations, and must provide reasoning as to why the alternative location would not work. A Search Ring is a geographic area in which potential sites may be located to effectuate the maximum amount of coverage in a service-poor area. Radio Frequency engineers identify a Search Ring based on several criteria, including coverage and capacity needs, topography, and locations of other T- Mobile towers. First, T-Mobile will look for potential co-location sites within the Search Rings in order to minimize the cost of new construction and to meet the spirit and intent of local regulations that encourage co-location to minimize the number of towers within a jurisdiction. T-Mobile identified an existing tower near the Search Ring, which would potentially be able to satisfy some of T-Mobile's needs. The American Tower is located behind the existing water tower in Hilltop. Although the location would be suitable, the tower would not allow for a 360-degree coverage of the area, which is needed for cell phone use. When no other towers or rooftops were identified, T-Mobile determined that a stealth tower around the football field would suffice their needs. Locating a telecommunications tower in the R-1 District is permitted as a Conditional Use, as long as the tower does not exceed 80 feet in height. 2. Setbacks. The City Code requires that all telecommunication towers be placed at a distance equal to or greater than the height of the proposed tower from all abutting property lines. The proposed tower will be 78 feet in height, and will be located 272 feet from the northern property line, 946 feet from the eastern property line, 819 feet from the southern property line, and 366 feet from the western property line. 3. Screening and Landscaping. The City Code requires that wireless communication towers shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from surrounding -164- Page 2 City of Columbia Heights Planning Commission T-Mobile - Conditional Use Permit June 6, 2006 Case # 2006-0601 property. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound. Representatives from Columbia Heights High School have requested not to screen the compound area for safety purposes. The tower will be replaced in an area used for track and field competitions. If a landscape buffer were implemented, it would obstruct the athletes competing in several track events. The school has also requested if the fence used to surround the compound could be a chain link fence, and not a wooden privacy fence. A privacy fence would encourage hiding spots for students or other people accessing the property. The tower itself will be masked to look like an existing light pole. A new light pole will replace the old pole, with the T-Mobile antennae placed below the new lighting system. The lights themselves will be replaced at the existing height as the previous lights on the pole, at a height of approximately 78 feet. The City Code Section regarding telecommunication towers was established in order to protect the City from an overabundance of wireless towers, while maintaining and protecting the character of residentially zoned neighborhoods. City Staff finds that the T-Mobile proposal has done an effective job in locating a new tower in a stealth-like manner; minimizing the visual impacts the tower may have on the City as a whole, and specifically on the surrounding residential neighborhood. 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. Telecommunication towers are allowed as a Conditional Use Permit in the R- 1, Single-Family Residential District as long as the tower does not exceed 80 feet in height. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The use is in harmony with the existing use and zoning of the property. The intent of the Comprehensive Plan would guide this area for a public use, consistent with the school's function. -165- Page 3 City of Columbia Heights Planning Commission T-Mobile - Conditional Use Permit June 6, 2006 Case # 2006-0601 (c) The use will not impose hazards or disturbing influences on neighboring properties. The design of the wireless communication tower will blend in to the current surrounding area, and will not impose hazards on neighboring properties. The Federal Communications Commission (FCC) has issued T-Mobile a license to work within the allowable frequency emissions. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use will have no impact on the use of the property in the immediate vicinity. (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. The proposed tower will be camouflaged to look like a light pole used to light the existing football field. The intended character of the surrounding area will remain unchanged. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (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 no increase in traffic as a direct result in the approval of this CUP. (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. The use will not have a negative cumulative effect on other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. -166- Page 4 City of Columbia Heights Planning Commission T-Mobile - Conditional Use Permit June 6, 2006 Case # 2006-0601 RECOMMENDATION Staff recommends that the Planning Commission recommend that the City Council approve the Conditional Use Permit a new telecommunications tower to be erected at Columbia Heights High School, subject to conditions of approval outlined below. Motion: The Planning Commission recommends that the City Council approve the Conditional Use Permit for a telecommunications tower to be located at 1400 - 49th Avenue NE, 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. A barbed-wire fence may not be used for security around the tower compound. 3. In lieu of a privacy fence, the applicant shall use a chain link fence surrounding the tower compound. 4. The telecommunications tower and compound may not be sold, transferred or assigned without prior notification to the City. 5. No sublease shall be entered into by any provider until the sub lessee has obtained a permit for the subject wireless communications facility or tower or antenna support structure. 6. The tower design must be certified by a qualified engineer specializing in tower structures and licensed to practice in the State of Minnesota. The certification must state the tower design is structurally sounds and, at a minimum, in conformance with the City's building code and the State Building Code. 7. The applicant shall obtain a building permit prior to construction of the tower. ATTACHMENTS · Draft Resolution · Location Map · Survey / Site Plan · Application Materials -167- Page 5 ~ - -Mobile-- Get 1M.oye f'(o1M.llfe@ May 26, 2006 Jeff Sargent Planner 590 40th Ave NE Columbia Heights, MN 55421 RE: Conditional Use Permit Application for a Stealth Telecommunications Facility to be Located on the Columbia Heights Athletic Field Light Standard Dear Mr. Sargent, I am submitting this letter on behalf ofT-Mobile USA, which is applying for a Conditional Use Permit for its planned construction, operation, and maintenance of a stealth communications tower facility to be located on the Columbia Heights Athletic Field Light Standard near 1400 - 49th Ave. NE Columbia Heights, Minnesota. This letter provides a general overview ofthe project, including its need and its design. I. Contact Information Applicant T-Mobile USA 8000 West 78th Street Suite 400 Edina, MN 55439 Agent for Applicant Stephen Edwards 501 50th Street West Minneapolis, MN 55419 Property Owner Columbia Height School District 1400 - 49th Ave. NE Columbia Heights, MN 55421 Agent for Property Owner Same as property owner S1. Stephens -168- II. Location and Description of the Property The subject ofthe Conditional Use Permit application (the "Subject Property") is located near 1400 - 49th Ave. NE, Columbia Heights, Minnesota. The Subject Property is currently being used as an athletic field for Columbia Heights athletic events. T-Mobile would like to replace an athletic field light standard with a new pole, which will be able to accommodate the existing lighting system and the T-Mobile antenna installation. III. Proposed Use T-Mobile USA proposes replacing the existing pole with a pole with the same height but additional capacity to hold the existing light system and three flush mounted T-Mobile antennas to enhance T- Mobile's digital telephone network nationwide and particularly in the area around the Columbia Heights High School and surrounding residential community. The proposal is for a stealth-type facility, which means that it will only be developed to handle one carrier. If another carrier pursues a site in this area, that carrier will be able to replicate the T -Mobile installation on another existing light standard after entering into an agreement with the school district. IV. Proposed Tower The overall height of the proposed tower will be the same at 78 feet with an additional I-foot lightning rod. The tower will be designed to match the existing poles as much as possible. The tower will be surrounded by a 10' x 12' compound that is enclosed by an eight-foot chain link fence, with three (3) strands of barbed wire around the top for protection. Once the tower is constructed, vehicles will visit the site for maintenance purposes approximately once a month. The proposed facility will be unmanned, and it will operate continuously. No sewer or water service is required for operation ofthe tower. V. Why and How This Location was Chosen a. Process for Developing a Site 1fT-Mobile believes that there may be a need to increase coverage in a particular area, its Radio Frequency (RF) engineers first generate propagation studies using certain prediction tools to determine whether there is a need for a cellular tower in a specific area and how effectively a proposed cell site would provide coverage to a certain area. If, based on the propagation study, T-Mobile's RF engineers determine that there is a need for a new site, the RF engineers next identify a Search Ring. A Search Ring is a geographic area in which potential sites may be located to effectuate the maximum amount of coverage in a service-poor area. RF engineers identify a Search Ring based on several criteria, including coverage and capacity needs, topography, and locations of other T-Mobile towers. After a Search Ring is identified, T-Mobile employs a site acquisition specialist to locate proposed sites within the Search Ring. Typically, a site acquisition specialist first looks for potential collocation sites within the Search Rings, in order to minimize the cost of new construction and to meet the spirit and intent of local regulations that encourage collocation in order to minimize the number of towers in a jurisdiction. If no suitable collocation sites can be identified within the Search Ring, the site acquisition specialist next looks at options for building a new tower which would meet the local regulations and provide the best location for future collocators, while also providing T -Mobile with the coverage and capacity need in the area. St. Stephens -169- b. Tecbnical Reason for Developing a Site To address coverage needs, RF engineers separate the entire network into geographic cells or coverage areas. The size of each cell varies depends on demographics, terrain, and antenna limitations. At the center of each existing cell is a Base Transceiver Station (BTS). The BTS consists of the antennas, transmitters, receivers, power amplifiers, and signal processing hardware. Basically, the BTS is a network component that provides the connection between a user's mobile handset and either another mobile user's handset or the traditional wired network system in our homes and businesses. Wireless phones generally need to "see" a cell site for proper transmission and reception. Thus, all of these technologies are governed by line-of-sight limitations. The distance between geographic cell sites differs greatly depending on the demographics. For instance, in highly populated areas, cell sites may need to be as close together as 1/Sth of a mile; whereas in rural areas, the sites may be as much as 5 miles apart because a given site can handle a finite number of calls during peak hours. Thus, the more dense the surrounding population, the smaller the service area will be for a single site. Other factors to be considered in system design are the terrain, elevation, ground clutter, and foliage. c. Reason for Choosing the Athletic Field Location After generating a propagation study, T-Mobile's RF engineers identified a coverage and capacity need in the Columbia Height High School and surrounding neighborhood. The RF engineers then identified a Search Ring that would improve the coverage, assuming a suitable location could be identified. T- Mobile next asked a site acquisition agent to search the area for existing towers that could be utilized for collocation. While American Tower does have an existing tower near the ring, as described in the attached letter, T-Mobile determined that the location of the tower (which is behind the existing Hilltop water tower) does not allow for 360 degree coverage of the area. When no other existing towers or roof tops were identified, T-Mobile determined that a stealth installation similar to other installations recently completed on other athletic fields and parks would be able to provide the best coverage and capacity to the area. d. Conclusion Since T-Mobile began developing its network in Minnesota in 1996, cell phones have become a necessity in recent years and are now able to employ a growing number of applications, such as text messaging PDAs, email, photos, and video clips. With this new growth, the need for new telecommunication towers has grown as well. If approved, the proposed stealth tower to be located on the Columbia Heights High School Athletic field light standards will provide the quality of service T- Mobile's customers have come expect. Should you have any additional questions or if I can be of any assistance, please do not hesitate to contact me. Thank you for your consideration. Sincerely, Stephen Edwards Site Acquisition Specialist T-Mobile USA 612-702-5065 St. Stephens -170- !.!~-~"'.. --L I !,!.~'~,,. -+ -171- \ t.....' t I-" 'I N I '\ ':.::t..:.A 100980D~. \ ... II. .' . AI00977F. - \ l ;f. . ,",,)A.; "S20E , ., ~. . '.. -.'t ~ '.11 = . JillOOOSOA . -60.0 <=x dBm In.Bu~ding Commercial o ~72.0<=x<.60.0 dBm In-Building Residential o -106.0<=x<-72.0 dBm Poor Indoor Coverage '\.. '\ t '1 1 ... . .J tt. A "S20E ".!a. . . . .... ,,' I... _.. ". I . ,'> . = .. i.J JA 11 . - A100,OSOA" . -60.0 <=x dBm In.Building Commercial o -72.0<=x<-60:0 dBm In-Building Residential ~ o -106.0<=x<-72.0 dBm Poor Indoor Coverage , t]ijWibr fIl Airport Best Senior GSM-DefauIt D 0.0 <=x dBm -76 dBm UL D -76.0 <=x dBm -76 dBm D -&4.0<=x<-76.0 dBm -&4 dBm IlIlII -91.0<=x<-&4.0 dBm -91 dBm or worse MEta Data Memory Used: 952.9 I<B Resolution: 25 m CreolIo User: rpareI<h CreolIo DalE: 2OOlHl5-26 09:24:18 Comments: -__MN - __WI - Primary_Highways_MN - Primary_Highways_WI - ~_Highways_MN - ~_Highways_WI - __MN - __WI Minneapolis\lIags\budget - HC ~ AltEr Property . cell Site ~,:;.;,ij"I" I ,. ........ IIIIIHH- '1 fl:::. I ":~ ~,<,~ ('I'lli I,'r',." ~ F r.-f"-"- t! ~ " '.',,~',"''',':-.',,',',', c ~ _ -: > - _ , " , , , , ,;~,. ~ ~~- H--- '. ".....~"""~"'"'.".h~""~...E"""""""'''''''.~~-.-m~ ;~~~.;tJ:l ~, [ill ~ '1\l7 iU ;;;;Ii! '" I.. ." ~ ..'....,;., 1 , l\... ~,_" 1 '~"I ~:O"', f\ .;/ " II "':- I' , '!II J....' "~ ....... ~..,', """\ ~;: I r~ \~ ...~''',',' " "..- ,.- TiT: Ii,.:I - 'r. J,=, " === '\' : ,,~,,<- ~ ,~ iOOoi~' :t'Ai~ m f!tI?:; May 7,2006 Jeff Sargent Planner 590 40th Ave NE Columbia Heights, MN 55421 RE: Search Ring History Dear Mr. Sargent, A search ring for this area was released in November 2003. After an initial investigation of the ring, it was determined that there were no existing towers or other structures, such as roof tops or water towers, which could accommodate aT-Mobile installation within the ring. At that time, an inquiry was made to the Columbia Height High School concerning the athletic field lights, but the school was not interested in pursuing an agreement. The site acquisition agent in charge of the area was told to gather information on the American Tower self- support tower located next the City of Hilltop water tower. After providing drawings and available heights on the existing tower, it was detennined that the next available location on the tower was directly behind the bowl of the City of Hilltop water tower. Since an RF signal would not penetrate the water tower, there would be no signal traveling northeast of the tower, thus only creating a 320 degree site. The search ring was released again in December 2005. In January 2006, the Columbia Height High School was contacted again. This time, the school was interested in pursuing an agreement with T-Mobile for an installation on the school's athletic field. Should you have any additional questions or if I can be of any assistance, please do not hesitate to contact me. Thank you for your consideration. Sincerely, Stephen Edwards Site Acquisition Specialist T-Mobile USA 612-702-5065 St. Stephens -175- -176- Federal Communications Commission Wireless Telecommunications Bureau Radio Station Authorization (Reference Copy Only) This is not an official FCC license. It is a record of public information contained in the FCC's licensing database on the date that this reference copy was generated. In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may not be used in place of an official FCC license. Licensee: VoiceStream Minneapolis, Inc. ATTN Dan Menser, Esq. VoiceStream Minneapolis, Inc. 12920 SE 38th Street Bellevue, WA 98006 Call Sign: I File Number: KNLF224 Radio Service: CW - PCS Broadband Regulatory Status: Common Carrier FCC Registration Number (FRN): 0002837250 Grant Date 07/18/2005 Effective Date 02/13/2004 Expiration Date 06/23/2015 Print Date 09/20/2005 Geographic Service Area: Channel Plan: Channel Number: Frequency: Special Conditions or Waivers/Conditions This authorization is subject to the condition that the licensee shall comply with Section 24.204 of the Commission's rules, 47 C.F.R. 24.204. This authorization is subject to the condition that the remaining balance of the winning bid amount will be paid in accordance with Part 1 of the Commission's rules, 47 C.F.R. Part 1. This authorization is subject to the condition that, in the event that systems using the same frequencies as granted herein are authorized in an adjacent foreign territory (Canada/United States), future coordination of any base station transmitters within 72 km (45 miles) of the United States/Canada border shall be required to eliminate any harmful interference to operations in the adjacent foreign territory and to ensure continuance of equal access to the frequencies by both countries. Conditions Pursuant to Section 309(h) of the Communications Act of 1934, as amended, 47 U.S.C. Section 309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. Section 310(d). This license is subject in terms to the right of use or control conferred by Section 706 of the Communications Act of 1934, as amended. See 47 U.S.C. Section 706. A graphical representation of the geographic area authorized to this call sign may be generated by selecting 'License Search' at the following web address: http://www.fcc.gov/wtb/uls/. FCC 601 - ED/BR -177- s 5 I 7 I , 5 + 4 I 3 I 2 I VICINITY MAP PROJECT DATA ~ PROJECT />REA: INTERIOR ILASE SPACE: EXTERIOR LEASE: SPACE: 10 FT . 12 FT IIIIIIIl . I>=>. /--- PARr.F'1 .4.RF'A.. [JD O~ !l3RO HiE. 1ft J 0 I. e @ !l! ... ZONING T'rl'E' z 'l! II II II II II II ~ ~ ti I I I IFr..l.l n~RIP"T"ln~ ----... ... ..". - 1ft BENCH 1lAAK: V ~* - I~~~--- BA.."i5 OF BE:ARfNC- COWIlBIII HGTS.. llINNESOTA !l.EVATlON: 995 FT (NAW 8lI) nATF OF ~1R\n=V' GENERAL NOTES SCOPE OF SUPPLY PROJECT TEAM COOROINl.ITS (ANTENNA lOCATlON1. LAlTlUOE: 4S'-oJ'-21.J' LDNGIlUDE: 9J"-14'-27.ll" 1. 1HE CONiRAClllR SIW..l. SUPEIMSE AND DIRECT ALL WORK. 15. CONJRACTOR SIW..l. N011FY lHE ENGINEER IF DEToIlLS folIE. . lHE Ftll.1..OWING TABLE DElJNEATES lHE RfSPONSIIllUI1ES OF OIF1'E1lENT PART1ES IINOlVED IN COWPI.E11NG lHlS PROJECT. ruP~ OWNER A..~~R"~ PAReD- NUUB~ USING HIS BEST SKILl. AND ATTENTION. t€ SHAU. BE StLEY CONSIDERED UNSOUND, UNSAFE. NOT WATERPROOF, OR NOT . THE SITE SI'Et:lFlC SCOPE OF WORK WIlL PRfl:EDE /oN( DISCREPANCIES FOUND ON lHIS SCOPE OF SUPPLY. SlJIM:XllR RESPONSIBLE fOR ALL CONSlRUC11ON 1oIEANS. IoIElHOOS, _ CUSlOIIAAY 1llADE PRACllCE. IF WORK IS PERFORIoIED, T -lIOBIl.E EI:.\N. FlELD '" NOWAK TECHNIQUES, PROCEDURES AND SEQUENCES fOR COOROlNAnNG IT WIlL BE ASSlJIoIED THAT lHERE IS ND OBJECTlON TO THE I RAW LAND SITE X CO-LOCATION SITE c/o YlllCESTREAII WIRElESS CORP. 7415 WAY1.ATA BlVD. ALL PORTlONS OF THE WORK UNDER THE CONTRACT. DETAIl.. DEToIlLS folIE. INTENDED TO SHOW THE END RESULT OF 12920 SE. 3IIth STREET WINNEAPOUS. loiN TITI F' ifFPORT' InFllT1F1C"..A"TY1N<! C 1HE DESlGH. IoIINDR WODIFlCATIONS WAY BE INCUJIlED AS PART 1lEU.E'JUE. WA. 98DD5 55425 2. THE CONTRACTOR SIW..l. I/ISIT THE JOB SITE TO RE.VlEW THE OF 1HE WORK. IIDI FURNISHED IY INSTALLED BY /TEll FURNISHED IY INSTALLED IIY SCOPE OF WORK AND ElOSl1NG JOB SITE CONomoNS TOWER T-t.IOBiLE CONTRACTOR m PLATFDRIl T-t.IOEIlLE CONTRACTOR F'j,~~. INCUJOING, BIJT NOT UllITED TO IoIECHANICAl, El..EClRlCAL 18. EXIST1NG !l.EVATIONS AND LOCATIONS TO BE JOINED SIW..l. BE SElMCE. AND llIIERAU.. COOROINl.11ON. 'lERIAED BY THE CONlRACltlR BEFORE CONS1RUCTION. IF m PlATJ'OR1l T-t.IOBIlE CONlRACltlR m PLATfOR\j FOUNDATlON CONTRACTOR CONTRACTOR .sIlLlll1lt!Ell ElEI:TR1CAI unl ~ lHEY DIfFER FROIl THOSE SHOWN ON THE PLANS, 1HE U1C (POWER/TELCO) COUJIlBlA HElGHlS SCIlllOl. DISTRICT xeD. ENERGY J. lHE CONTRACTOR SIW..l. VERIFY ALL EXJSnNG CONDll1ONS COI/IRACTOR SIW..1. N011FY lHE ENGINEER SUCH THAT TOWER '" m PLATFDRIl FOUNOATlON CONJRN:TOR CONTRACTOR T-t.IOBIl.E CONlRACltlR 1400 49TH AVENUE NE AND OIWENSlONS PRIOR TO SUBlllTnNG HIS BiD. /oN( t.IOOIF1CATIONS CAN BE \lADE BEFORE PROCEEDING WITH U1C (POWERtmco) T-t.IOBIl.E CONJRACTOR Beu CIIlINET T -t.IOBIl.E IlIPl.EIlIENTA11ON COUJWBlA HEIGHTS, loiN 55421 SITE DIRECTIONS DISCREPANCIES, CONf1.JCTS DR DIlISSlONS, Elt:. SfW.J. BE 1HE WORK. REPllRlED TO THE ENGINEER BEFORE PROCEEDING WITH Beu CAIllNET T-t.IOBILE IIoIPLEIoIENTA11ON m C\I!INETS T -t.IOEIlLE IllIPLEIoIENTA11ON THE WORK. 17. ALL S'I'IlBOlS AND .ISBR['AAnoNS USED ON THE DRAWINGS m CABINETS SITE DIRECTlONS: I folIE. CONSIDERED CONSTRUCTlOH STANtWlDS. IF THE T-t.IOEIlLE IIlPLElolENTA11ON ANTENtlA T-t.IOEIlLE CONTRACTOR 4. THE CONiRAC1IlR SHAlL PROTECT ALL AREAS FROIl llAIlAGE COI/IRACTOR HAS QUESTlONS REGARDING THElR EXACT WEANING, ANTENNI. T-t.IOBILE CONTRACTOR awe CAIIlE T -t.IOBIl.E CONiRAC1IlR ~IFNGlNF'F'R mF'PHONF' tmr~ FROIol 1-494 II: HWY 189, GO NOIl11i ON HWY 11lll fOR 7 llILES TO 1-Jll4: WHICH WAY OCCUR DURING CONSTRlJCllDN. /oN( IWotAGE TO 1HE ENGINEER SfW.J. BE N011FlED FOR Cl...IRIF1CATlONS BEFORE T-t.IOBIlE - MINNEAPOlIS OWEST GO EAST ON 1-394 2.5 llILES TO HWl' 100; GO NOIl11i ON HWY 100 fOR NEW AND EXIS11NG CONS1RUCTION. STRUCTURE. DR EQUIPIIENT, PROCEEOING wmt WORK. COo\X CAIIlE T-t.IOBILE CONiRAC1IlR JUWPER CABLES T -t.IOEIlLE CONlRACltlR I!llDD WEST 711th STREET 7.ll WIlES TO 1-594; GO EAST ON 1-I11l4 FOR J WIlES TO HWY 55/CElIllW. I SHAlL BE IllllEDlATElY REPAIRED DR REPLICED TO 1HE SUITE 4DD SA11SI'ACTION OF THE 1"DlmT DR BUItDING OWNER, DR 18. lHE CONiRAC1IlR SIW..l. PRO\IIDE ALL NECESSAIl'I' BlOCKING, JUIlPER CABLES T-t.IOEIlLE CONTRACTOR UlA (lOW NOISE AIoIPUF1ER) T -t.IOEIlLE CONJRACTOR EDINA, loiN. 5MJ9 AVE.: GO SOl1Ili ON CElIllW. AVE. FOR 1/2 IlIlE TO 49TH AVE. NE; ruRN I ~ OWNER'S REPRESENTAl1\IE, AT lHE EXPENSE OF THE 1lACIONG, FRAIoIING, I-lANCERS DR OTHER SUPPOf!T fOR ALL LEFT AND GO EAST FOR A FEW IlI.QO(S TO f1WolORE ST. HE: ruRN RIGHT CONTRACTOR. Cl1liER ITEIlS REllUIRINC lHE SAllE. UlA (LoW NOISE AIoIPUFlER) T -lolDBll.E CONTRACTOR GROUNDING KITS fOR COo\X T -t.IOBIlE CONiRAC1IlR AND GO SOl1Ili TO SITE ON 1HE LEFT. CROUNOING KITS fOR awe T-t.IOEIlLE CONTRACTOR SITE DROlJNIlINC WATERIAI..S CONTRACTOR CONJRACTOR 5- THE CONTRACTOR SHAlL BE RESPONSIBLE FOR. AND SIW..l. 19. CITY APPROVED PLANS SfW.J. BE KEPT IN A PLAN BOX AND CONJRACTOR REPLACE OR REIlEDY, /oN( FAUlTY, IWPROPER, DR INFERKlR SHALL NOT BE USED BY WORKIlEN. ALL CONSTRlJCllDN SETS SITE GROUNIlING WATERlALS CONTRACTOR ANTENNA t.IOUNl1NG PIPE '" IlRACKET T -lolDBll.E CONTRACTOR 1ONI1\C ot ~~ ~ NOTlFlCATlONS fool WATERIIlS OR WORKIoIANSHP OR /oN( llAIlAGE WHICH SHAlL SIW..l. REFl.ECT SAllE INfORIoIATION. 1HE CONiRAClIlR SIW..l. ANTENNI. t.IOUNnNG PIPE '" BRACKET T-t.IOBIl.E CONJRACTOR WA\lEGUIDE IlRIOGE (EOPT TO TWR) T -t.IOBIlE CONTRACTOR T-t.IOEIlLE - IoIINNEAPOlIS CAlL 411 HOURS BEFORE IllGG1Nll APPEAR WITHIN ONE YEAR AFTER lHE COIIPI.E11ON AND ALSO IlAINTAIN IN GOOD CONomoN. ONE COWPl.ETE SET OF I!llDD WEST 711th STREET GOPHER STATE ONE CALL ACCEPTANCE OF THE WORK UNDER lHlS CONTRACT. PLANS wmt ALL IlE'I1S1ONS, ADDENDA AND CHANCE ORDERS WA\'EGUIOE BRIDGE (ECPT TO TWR) T-t.IOBIlE CONTRACTOR WAVEGU1DE lADDER (TOWER) T-t.IOBILE CO/lTRACI1)ft SUITE 400 ON THE PREIIISE AT ALL nlolES. lHESE folIE. TO BE UNDER THE EDINA, loIN. 5M311 TWIN ClT1ES AREA 551-45+-0002 5. lHE CONiRAClllR SHAlL RElIClVE ALL RUBBISH AND WASTE CfolIE. OF 1HE JOB SUPERINTENDENT. WA\lEGUIDE lADDER (TOWER) T-t.IOBIl.E CONTRACTOR FEHCE CONiRAC1IlR CONiRAC1IlR IlN. TOU. FREE l-eoo-252-11115 WATERI\I.S ON A REGUlAR I!ASlS, AND SIW..l. EXERClSl:: FENCE CONTRACTOR CO/lTRACI1)ft UNllERGROUND WORK CONTRACTOR CONTRACTOR STRICT CONTROl. O'IER JOB ClEANING THROUGHOUT CONSTRUCTION. INCUJOING F1IW. CLEAN-UP UPON COIIPI.E11ON UNIlERGIlOUND WORK CONJRACTOR CONJRACTOR SlTEWORK CONTRACTOR CONTRACTOR ABBREVIATIONS DRAWING INDEX OF WORK. ALL AREAS folIE. TO BE LEFT IN A BROOlol CLEAN STANDARDS CONomoN AT THE END OF EACH DAY. CODES AND SJTEWORl( CONTRACTOR CONJRACTOR POWER DISCONNECT '" IoIETER BOX CONiRAC1IlR CONTRACTOR POWER DISCONNECT '" IoIETER BOX CONTRACTOR CONlRACltlR IlETER tmUTY tmUTY ARCH. ARCHITECT A AIIPERE OR AIlIlETER Al09n-Tl . . . . . PROJEl:T 1NFtlRI.tA11ON AND GENERAl. NOTES 7. THE CONiRAClIlR SIW..l. SAFEGUARIl THE OWNER'S PROPERTY IlI.DG. IlUIL.DING AF C1RCtJ1r IlREA.KER AIlP FRAWE(RAnNG Al09n-Cl . . . . . SITE PLAN DURING CONSTRUCllON AND SIW..l. REI'l.ACE /oN( IWotAGED ALL CONS1RUC11ON SIW..l. COIIPLY WITH 1HE LATEST AOOPTED WETER tmUTY tmUTY C.B. CATCH BASIN AFF N1tI:NE FlNISH Fl.OOR Al09n-c2 . . . . . ENLARGED SITE PLAN PROPERTY OF THE OWNER TO ORIGIIW.. CONDll1ON DR IIEITER. EOITlON OF 1HE Flll.I..OWING PUllI.JCAl1ONS: C.L. CENTER UNE AID N1tI:NE GROUND AI09n-Al . . . . . ANTENNA 1NFtlRI.tA11ON NlD TOWER !l.EVA11ON ClG. CEJUNIl ATS NJTllIolA11C 1RANSFCIl SWITCH Al09n-Sl . . . . . SEI:I1ONS AND DETAILS B. IT SIW..l. BE THE Rf:SPONSIBIUTY OF lHE COII11W:TOR TO 1. ASIl.t (AWERICAN SOCIETY fOR TESnNG AND WATERJALS) I I CONe. CONCRETE NC _E INTERRUPTING CN'ACITY Al09n-El . . . . . POWER AND GIlOUNllINC PLAN 8 LDCATE ALL EXISTlNG tmUnES, WHETHER SHOWN HERElN 2- ACt (AIlERlCAN CONCRETE INSTIlUTE) WATER TOWER SITE ROOFTOP SITE CONST. CONSTRUCl1OH C8 CIRCUIT IlREA.KER STANlWlD DRAWINGS: OR NOT, AND TO PROTECT lHEIl FROIoI IloIIWlE. lHE CONTR. CONTRACTOR CKT CIRCUIT CONTRACTOR SIW..l. BEAR ALL EXPENSES FOR REPAIR OR J. AISC (AIlERICAN INSlll11Tt:: OF STEE1. CONSlRUC11ON) IIDI FURNISHED IIY INSTAUED BY /TEll FURNISHED IY INSTALLED IY DET. DETAIL CIJ COPPER STANllARO - A1S (1) - STANtWlD DEN 2 '" GEN J EQUIP\IENT CAIIINETS REI'l.ACEIlENT OF UTLlT1ES OR OTHER PROPERlY IlAIlAGED IN 4. NIlS (AIlERlCAN WElllfNC SOCIET'I) D\I.. OIAIlETER GEN GENERATOR PLAN II: !l.EVATlON VIEWS COHJUNCT1ON WITH THE EXECU110N OF WORK. 5- IIlC (lNTERNATlONAl. IIUII.IltNG CODE) m PlATJ'OR1l T-t.IOBILE CONlRACltlR ROOFTOP PlATfOR\j T-t.IOEIlLE CONlRACltlR DIAG. IlIoIGOIW. Gfl GROUND FAUlT IHTERRUPTER STANlWlD - A2S (1) - STANtWlD PERCElJ. EQUP\/ENT CAIllNET PLAN '" 8. IlOOT (IllNNESOTA DEPART\lENT OF TRANSPORTATlON) 0111. D1l1ENS1ON ..e JUNCIlOIl BOX !l.EVA11ON VIEWS 9. THE CONiRAClIlR SIW..1. BE RESPONSIBLE fOR lHE COWPLETE 7. NISI (AIlERlCAN NATIONAl. STANDARDS INSTlIIJIE) m PlATfOR\j FOlJNOA11ON CONJRACTOR CONTRACTOR ROOFTOP ANTENNI. SlEO/ATTACHIlENT T -t.IOBIlE CONTRACTOR ON. DOWN KYA KIllMlLT AIoIPERE(s) STANtWlD - AJS P 1- STANtWlD SITE IIotPRO\'EIIENT SPECIF1CATlONS SECURIIY OF THE SITE WHIlE 1HE JOB IS IN PROGRESS NlD 8. IEEE ~ OF EI..ECIRICAL AND El.EC11lONICS ENGINEERS) U1C (POWERtmco) T-t.IOBILE CONTIW:TDR UIC (POWER/TEl..CO) T-t.IOBIl.E CONTRACTOR DWG. DRAWING KW KILOWATT(S) STANlWlD - MS 1 - FENCING SPECIF1CATIONS UNnL THE JOB IS COWPLETEll PER U.B.c. 9. NEe llONoII. EI..ECIRICAL CODE) EA. EACH Il lIETER STANtWlD - ASS r - FENCING SPEClFlCATIONS 10. NEIoIA (NATlONAl. ELECTRICAl. IolANUFACruRERS ASSOC1A11ON) BBU CAIllNET T-t.IOBIlE IIlP1..ElolENTA11ON Beu CABINET T-t.IOEIlLE IlIPl.EIlIENTA11ON EI.EC. ELEI:TRlCAL IllS IIANlW. 1RANSFCIl SliIIt:li STANtWlD - El S 1 - STANDARD El..EClRlCAL SPECIF1CATlONS 10. ALL CONSTRIJC11ON WORK SIW..l. CONfORll TO THE U.B.C. AND 11. NESC !Nl.TlONAl. ELECTRICAl. SAfDY COIIIlISSlON) m C\I!INETS T-t.IOEIlLE IllIPlEWENTA110N m CABINETS T-t.IOBIl.E IlIPl.EIlIENTA11ON EL !l.EVA11ON NF NON-fUSED STANDARD - OS 1) - STANDARD ANTENNA '" COo\X GROUNDING ALL OTHER GOIttIlN1NG CODES, AUlNC wmt THE GOIIERNING 12. OSHA OCCUPAnoNAI. SAfDY AND IEALTHY Allt./INISTRATlON) EllUIP . EQUIPIlENT N.J.C. NOT IN COHTR.\CT SPECIF1CATlONS RESTRlCTNE COOES. 13. IJL (UNDERWRITERS I.AIIORATORIES, INC.) ANTENNI. T-t.IOBILE CONJRACTOR ANTENNA T -t.IOBIl.E CONJRACTOR EXIST. EXIST1NG PHI. PANEL STANllARO - OS (1) - STANDARD ANTENNA awe INSTAlLAnON FTG. FOO11NG PH PHASE 11. 1HE COI/IRACTOR AND ALL SIJIlCONTRACItlRS SHAlL COIlPLY 14. APPUCAIlLE I..OCAL CODES AND ORDINANCES COo\X CAa.E T-lIOBILE CONJRACTOR awe CAIIlE T-t.IOBIl.E CONlRACltlR CA. - PYC SPECIF1CATIONS wmt ALL I..OCAL CODE REGUl.ATIONS AND STATE DEPARTWENT Gl>L.v. Gl>L.VANIZED IlCPT POLWlN'Il.. CHLDRlDE &:l"Nlg,oRll .1& (1) l>Ii"lIlo'lIl !:lIl/PlleA' BUlbIllUB ~!R111\l OF INIlUS1lllo\I. REGUlATIONS AND DMSIDN OF INIlIJS1llW.. JUIIPER CABlES T-t.IOBIl.E CONJRACTOR JUIIPER CABLES T-t.IOBlLE CONTRACTOR GNIl. GROUND RGS RECEPTACLE 5IlIOI:IRC'lKlNE LEGEND RIGID Gl>L.VAN1ZED STEll. &:l"NIBNl9 S& (1) &m1lV1Il IlIlIlIIIIBIIMl 6PEGlFlBtll9tl6 raA SAfDY (OSHA) REQUIREIlENTS. REFER TO 1HE CODES SECTION IJlA (LOW NOISE AIIPUf1ER) T -t.IOBILE CONJRACTOR UlA (lOW NOISE AIlPLlFlER) T -t.IOEIlLE CONlRACltlR H.II. HOLLOW lolETA!.. SI/ SWITCH are i6wms OF lHlS SHEET. L.F. UNEAL FEET S'I'Il S'I'IlIlETRICAI. STANlWlD - N1S (1) - ~ ElB:TRICAL SPEClFlCATlONS GENERAl. CROUNOING KITS fOR awe T-t.IOBIl.E CONTRACTOR GROUNDING KITS FOR COo\X T -t.IOBIlE CONiRAC1IlR WTL. IoIETAI. TEl TEI..EPHONE 12. THE CONiRAClIlR SIW..l. OBTAIN AND PAY fOR ANY PERIIITS, ~DET~ NUIlBER WIN. llIN1W1l XfVR 1llAIlSFOIIIlER - UCENSES AND INSPECTIONS NECESSARY FOR PERFORIlANCE SITE CROUNOING WATERIAI..S CONTRACTOR CONJRACTOR SITE CROUNDfNCl WATERIAI..S CONTRACTOR CONTRACTOR WISC. WISCEI.LANEOUS TYP TYP1CAI. STANtWlD - N2S (1) - ~ ==~ SPECIF1CATIONS OF THE WORK AND INCLUDE ntOSE IN THE COST OF lHE ANTENNA ATTACHEWENTS (TOWER) T -1lOBIlE CO/lTRACI1)ft ANTENNA t.IOUN1lNG PIPE '" IlRACKET T-lIOBIl.E CONTRACTOR N.T.5. NOT TO SCALE U/D UNIlERGIlOUND WORK TO lHE OWNER. 1 DETAIL O.c. ON CENTER V WLT STANlWlD - NJS (1) - STANllARO CONSTRUC'llON SPECIF1CATlONS ANTENNA IIOUNnNG PIPE & BRACKET T-lIOBIl.E CONTRACTOR ROOfTOP awe ATTACHI.tENTS CONTIW:TDR CONlRACltlR PI.. PlATE W WATTS DR WIRE GENERAl. N011ES SHEET 2 lJ. FIGURED DIWENSIONS HA\'E PRECEDENCE O'IER DRAWlNC SCALE. ~! WAVEGUIDE BRIDGE (EQPT TO TWR) T -t.IOBIl.E CONTRACTOR CONTRACTOR RED'D. REQUIRED WP WEAlHERPROOF STANlWlD - SlS (1) - ~~ ~~ FOUNOA11ON AND DETAIL DRAWINGS HA\'E PRECEDENCE O'IER SWALL UNDERGROUND WORK CONTRACTOR s.r. SQUARE FEET WHY WATTHOUR WETER SCALE DRAWINGS. CHECK N:CJRJCf OF ALL DIWENSlONS IN DRAWING ON WHICH ORIGINAl. DETA!. WAS DRAWN COo\X ATTACHEIlENTS (TOWER) T-lIOBILE CONJRACTOR SITEWORK CONJRACTOR CONiRAC1IlR s.s. STAINlESS srm UNO UNLESS NllTEIl OTHERWISE STANDARD - S2S fl - STANllARD EQUPIIENT PLATFDRJ.I S1'ECIF1CITlONS THE FlElD. UNlESS S1'Et:IF1CAlLY NllTEIl, DO NOT FABRICATE BlANK DE>IaTES DETAIL IS ON SAllE DRAWING S1W. S1111lAR STANDARD - SJS 1 - STANllARD EQUP\/ENT PlATFDRJ.I EXmISION, /oN( WATERI\I.S OFF-SITE, DR PERFllRIot ANY CONSTRUCTlON FENCE CONiRAClllR CONJRACTOR POWER DISCONNECT '" llETER BOX CONTRACTOR CONJRACTOR SPECS. SPEClACATlONS Wo\\'EIlUIDE BRIDGE sPECIF1CATlONS UNTlL THE ACCURJCf OF DRAWING IlI\lENSIONS HA\'E BEEN UNDERGROUND WORK CONTRACTOR CONJRACTOR WETER tmUTY tmUTY STD. STANllARO srNIS,'1l9 &1& (1) 6l7'IBtRB "'RaUl! '" _ lIBlJlIl1tlB 'IERIAED ACAINST AClI.IAl. F1Elll DI\lENSlONS. ~SECTION LETTER sn. STEE1. 6PEIlII'lB'iRBtl6 faR I1JJml ._ _ SITEWORK CONJRN:TOR CONTRACTOR STRUCT. S1lWCl1JRAI. ....lg,oRC tiS: (1) IHNJIl.'RD '.!IIDIN' .. CQ/X IIOLJlAlIIC 14. CONTRACTOR SfW.J. NDnFY THE ENGINEER (STATE OF WINNESOTA) A SECTION T.C. TOP OF CURB IiPEIlIFI&I.llBtI& faR 1lIA9Il'lll ClInrl<< ,.,. 'IK. .. OF /oN( CONi'UClS DR DISCREPANCIES wmtlN lHE CONTRACT POWER DISCONNECT '" lIETER BOX CONiRAClllR CONlllACTOR T.D.P. TOP OF PAVING ..- DOCIJWENTS I/Illl THE CONTRACT DOCIJIoIENTS AND THE FlElD ~ WETER unUTY tmUTY TYP. 1YPICAI. STANDARD - sas (1) - ~=NA AND COo\X CABlE INSTAlLATlON CONOInONS PRklR TO EXECIJ11NG THE WORl< IN QUESnON. T.D.5. TOP OF SLAB .. DRAWING ON WHICH ORIGINAl. SECTlON WAS DRAWN T/ TOP OF 6;>& (1) J;F,\'IIV RB 'M'_ !:lIl/IPIlBIT B~lldlnl\l !'LNI '1GW .. B/ 8OTTOII OF E:l:IIIllIA9 BlANK DE>IaTES SECTlON IS ON SAllE DRAWING I. _U '1IEW!1 A lEV ..It -- ~ ....,.,.." .. 1M ... IIITALL - -- -... I CII( I horoby ooriJfy _ tNtt plan lpocIflcatIon, Of" roporl HILLTOP - COLUMBIA HGTS. HS 1 5~ ISSUED FOR CONSlRUClIOll ,J!!! ------ NOT1CE: THIS DRAWlNC HAS NOT BEEN PUIlUSHED AND :: ~ ~ ~ ~%=..:~m:.. -.. ..,.. A 10977 IS lHE SOlE PROPERTY OF T-1KlIIIl.E - IIIlNEAPOlIS ~ T .Mobile IWIKET AND IS W<< TO THE EIDRRllWER FOR THEIR under tho _ of llle Slat. of _ R. RUDDY 5/5/05 r- CONFlIlENlW. USE ONLY. AND IN CONSIDERA11ON OF PROJECT INFO. & GENERAL NOTES ~ . . .- THE I..DAN OF THIS DRAWING, THE BORROWER PROIIISES -.. ..,.. I - AND AGREES TO RETURN IT UPON REDUEST AND AGREES THAT IT Will. NOT BE REPRODUCED, COPiED, LENT DR ::. -..... WICHAE1.. twH.Y - ~ "'HERWISE DISPOSED OF DIRECl\.Y OR INDlRECl1.Y, NDR - -.. ..,.. 1400 49TH AVENUE NE ------ _ 17 8 _~~.AN'I pURPOSE OTHER THAN WHICH IT IS COLUMBIA HEIGHTS. MINNESOTA I - MARKET I .... ........ 17852 Jj_ MINNEAPOLIS ~_... ..,.. SCoW: I DRAWINQ NUWII&JI - ~ IIlH: A10977-Tl ~: = :,. . . . ~ . :: :: ~ ~ ~ ~ Ii ~ ! i E ~ ~ . ~ ~ i I D s = c : = I A a:v ..11: 1~ __1ll:SClIP11aN - CHI( AM N'l'IlIVED ISSUED FOR CONS'lRllCllON " III CEXJS11NG GRASS J AREA CEXJSTIHG GRASS J AREA ! ElOSI1NCl BmJIotINOUS PARKING AREA I i I S, ! cEXJS11NG TRN:K RUNNING J COWIIllIA HElCIIlS HICH SCHOOL 1~ 48TH A~ HE EXlSTlNG 78'-0. UGHT I'OI..E (T-lIOflllE NlTENNAS FUJSH lIOUNTED BEl.DW EXISTlHG UGHT FIXTURES) ~~ ""liir.. EXISTING BIlUIIINOUS PARKING AREA .sIrE PLAN SCAlE: 1.-25'-0. DO -.... h I hereby cartlfy IIIat thlo pion opeclIIcatlan. or ~ HILL TOP. COLUMBIA HGTS. HS - pnopanod by m. ... _ my dIroc:t Mlponit and that I am a duly UcenMd Praf_ Env- _or ..'" A 10977 under the law. at the SlaIa at ~Ia. II. RUDDY 5/5/08 SITE PLAN _or ..'" I~ - =.. "'- IlICHAE1. HACHEY _or ..'" 1400 49TH AVENUE NE ~ COLUMBIA HEIGHTS, MINNESOTA - ... ... 17l1i52 I ~ CUIlrr _... ..'" SCAU DRAWlNQ NUWBEI REV Nll'ALL II:F1XHCE DU..... . NOI1CE: tHIS ORAWINC HAS NOT BEEN PUBUSHED NIIl ~ · .Moblele.. ~~~~ib - .1- _1 IT WILL NOT lIE REl'ROOUCIJl. COPIED. lDlT OR - 17 9 -~~ ~~ =r:~:cw-Ts NOR MINNEAPOLIS MARKET IIRNISHED. ~: ~ :::- . . 8 . s j I I o = c : : : A lEY Illlt __ 5/SIrA ISSUED FOR CONSIRUCI1ON A A1 7 EXlST1NO 15"' P\IC PIPE EXISl1NG IJGIflPOlt CONTROl. BOX ..... ... OM - f:(JS11NG RUNNING TRACK S " 2 ~ Ii EXIS11NG 7' HIGH ClWNUNK fENCE EXIS'I1NG:> GRASS CNlE:A 1 f f f 1 I t4-~ \ , '.... "- ; ~ - I T-IlOBIlE 10'-0" LEASE AREA T -lIOBlLE S' -0" FDlCEO AREA ^ T-1lOBIlE 11'-0' WIDE -<.... ACCf:SS GATE B 1'\ '~-@ ..I ... ....- .. I 1 I ~-~+--- ----------- : : I T-WOIlIlE 11'-0' WIDE ~ I \ I ~ESS GAlE 1 I I I 1 I 1 1 I. 1 I 1 I I 1 1 I _J 1 _-----_--J ----- ffi T-lIOBILE S'x11', 10' 1HICK ~ RfJNFORCEO CONCRETE Sl.AB T -WOIlIlE UN-STRUT FRAIlE TO SUPPORT COAX CABLES (WIN. 5'-0' TALL) (PRCNIllED BY COI/TR.OCTOR) i i ... EI ~ ~ I ' ~ ~ ~ i!l '" ,!. ~ o '" ,!. T-1IOlIII.E E1111 GPS NlTENNA -- I I 1.J ---- T-IolOBIlE lS'-o' WIDE ~ESS EASDlEHT ! NEW T-1olOB1lE 4'-0' WIDE ~GATE: T-IIOBIlE S'-{I" WIDE ~ EASElIEHT I I ---------~-___J s ! '. T-lIOBIlE 7'-0' WIDE U1lUlY EASEIotENT ~J CP~ -- t> EXISTING CONCRETE: NlE:A CEXISl1NG LONG J JUIolP PIT EXISl1NG 75'-0' IJGIflPOlt (T-lIOBIlE _ FlUSH IlOUIITtlI BELOW EXISTING LIGHT F1lC1IJRES) T -IIOBIlE ANTEIINI. (1'11') .. '" ... ISrAU. MJ'DUCI: IlIA...... . ENLARGED SITE PLAN SCALE: 1/4'-1'-0' NCJllCE: litIS DRAWING HAS NOT ~ PlJBLlS)iEIl AND ~ · .Moblele.- ~~~~ · .1 · . THAT IT WI.L NllT BE REPROllUCEIl, COPlEO, LElIT OR - 18 0 -~ ~ff~ ="~ =aw-is NOR lJRNlSHEO. MINNEAPOLIS MARKET I -... I honoby ~ !hat Illlto plan 1IpOClfIcallon, ~ HILL TOP. COLUMBIA HGTS. HS ! .oo anld by me or und... my dInocl ... and I am a duly Ucenood Pn>f_nat .".1.- _If - A 10977 under tiMI Ian at tiMI Slat. at lolIMooala. R. RUIlD'I' S/S/05 ENLARGED SITE PLAN _If ..,. I - ::.. ...... WlCHo4.EL. H.ACHEY _If ..,. 1400 49TH AVENUE NE COLUMBIA HEIGHTS, MINNESOTA ~ ~ - ... .... 17852 =-_... ..,. SCALE DllAWING HUWIIDl Ill:Y ....-....--- 7 5 4 2 ANTENNA AND ClWQAI. CABLE RECUIIIDIENTS II ANTENNA coow. CIa!: ~ NO. TYPE SECTOR COLDR COOE CONNECTlON LOOJIi IlIA. Rl 100' Is/a" REO RJ 100' Is/a' TRIPLE REO Al OR85-1ll-000Pl2C rr rr R4 100' Is/a' Q\JAO REO R2 100' Is/a' DOUBLE REO Yl 100' Is/a" Y'EWlW YJ 100' Is/a' TRlPl.E Y'EWlW al ORa5-18-000Pl2C 12rr rr Y4 100' Is/a" Q\JAO Y'EWlW T-IolOBlLE ANTENNA '12 100' Is/a' 00IAlLE ml.OW rAC1NC 24(1' T-IolOBlI..E ANTENNA Bl 100' Is/a' BUJE rACING rr B3 100' Is/a' TRIPLE BUJE Cl ORa5-18-000Pl2C 24(1' rr 54 100' Is/a' Q\JAO BUJE B2 100' Is/a' DOUBLE 8UJE ~ s C :: " " ... ~ ~ !i: '" :J co ~ i3 .tl!:IIESo 1. ANTENNA CI.BI..E I..ENGJHS HAVE Ball DETERlIlNEO BASED ON 11-IESE PlANS. CI.BI..E I..ENGJHS USlm ARE APPROXIWAlt ANO ARE NOT IN1ENOEO TO BE USED f"OR rABRICATION. OUE TO RElD CONOfT1ONS ACTl.Io\L ANTENNA CI.BI..E I..ENGJHS REOUlREO WAY VARY FROlI I..ENG11iS TABUlATED. %. AU ANTENNA/COAX CABLES TO BE COI.DR COOED AT 11-IREE (3) LIlC!.llONS USING 1/2' WlOE PVC ELECTRICAl TAPE. A. TOP Of" TOWER (,\NTENNA LEVa) 8. BASE OF TOWER C. AT BI'S CABNET ~ P04NT 3. ANTENNA/COAX CABLES SIW.L l1IIUZE GROUNO KITS GROUNDED AT 11-IREE (3) POINTS OF TOWER AS F'Ol.l.CWS: A. TOP Of" TOWER ~ LEVa) ONE END lIEJ::lW11CALLY CONNEC'TEO TO TOWER. 8. 1lOTT01I Of" TOWER. ONE ENO lIEJ::lWIICALLY CONNECTED TO GROUND BAR. C. AT BI'S CASlNET ~ P04NT. 4. ANTENNA SECTORS SIW.L BE lIEASUREO WITH TRUE NORtH AS SHOWN ON 11-IE 5I1E PlAN. lIAGNEI1C NORtH IS 2.5" EAST OF TRUE NOR1H. EXlS11NG 7a' -0' LIGHT POLE (T-1olOBlI..E ANTENNAS FUJSH lIOUNTEO BElOW EXlS11NG LIGHT F1Xl\JRES) I !:l ill S ,!. 9 101 .... ... o .. g g J .. ... ~ I i E911 ANTENNA REQUIREMENTS NO. ANTENNA coow. CIa!: TYPE SEcroR LOOJIi* Ill\. COLDR COOE s ! GPS Ll (58532A) SO' 1/4' . ffi T -IolOBlLE a' -0" HIGH \57C1W:OS~ .~ T-lIOIILE Ellll GPS ANTENNA . . . s i I I ffi T-IolOBlLE 9'xll', 10' 1HICK ~ REINf'ORCfD CONCRETE Sl.AIl ,~-------------------------------- / ::~::=-=:=:====::~ B T-IolOBILE 10" PVC PIPE FOR S 1 COAX CABLES (UNDEIlGROlJNO) A WEST ELEVATION VIEW C2 SCAl.f:: 3/11'.,'-0' A _ Illlt -- -- elK OM . NOTICE: 11ilS DRAMNG HAS NOT BEEN PIJBUSHEO AND T · .Moblele.- ~~~5~ES N/O AGREES TO RETIJRN IT UPON REQUEST AND AGREES . _T rr WI..l. NOT IE RfPROOUCEO. CXlP1ED. LENT OR -181-=E~~~~~~i;;NOR iRNlSHEO. MINNEAPOLIS MARKET I -.... I honlby cerlIfy that lhlo pion apecitIcatIon, ~ HILLTOP - COLUMBIA HGTS. HS _OIl c:rr: by me or under rtYf direct .u j and I am . duly lJcwnood Pro_1ono1 En9'"- _If ..It A 10977 under the .... of the S10lAI of 1I1n_ R. flIJO[Il' 5/5/08 ANTENNA INFO AND TOWER ELEVATION _If ..... I - =....~ ~ tw:HEY _If ..... 1400 49TH AVENUE NE COLU~BIA HEIGHTS, ~INNESOTA II~ - ... .... 17= "- -... ..... SCALE _WING NUWBElI - ......... .. III ... 1NI1'AI.L KJ1:M:MCE DIAW'IIDI 5/5IrA ISSUED FOR 00NSlRUCl10N E: D S : : e : . 0 : I .. : ~ . 8 I . : = s ~ i I A. _ ..tI .......... DDCIII'1IOM 1 5/5/1>> ISSUED FOR COHSlRUC11CN 4 11'-0" r-- r - - -- - -, -- --- - - -- r ------ ------ --- - --, I I I I I I I I I I I I I I I I ! i I I I ~ I I I I 0 I I I I , I I I I l:! I I I I I I ! I 0 I I ... I T - I I I I I I I I I I L ------ ----,-- ------ __J I I I I L .J - - / - / '\ / \ / '4 0 12" o/e T-IIOBILE EClW'IAoo, J L! D' THICK IlElNfllRCED COHCRE1E PAD w/ f4 0 12' E.W, B" SIR\JC1URAI. IIACICf1I.L UNllEllNEATH CAIIINEI'S @ CONCRETE SLAB SCALE: '.-1'-0- --... " III GP ICITAU. B1EJIDICI:....... . NClI1CE: THIS CR.\WlNC HAS NOT BEEN PUllLJSHED AHll IS THE SCI.E PllOPEII1Y OF T-IIOBU - IlINNEAPOUS T M b -I IlARICET AHll IS L.DIT TO THE IIORRllWEH FOR lHEJR CONF1OEl11W. USE ON.Y, AHll II CllNSlIlERATION OF · ... 0 I e;;2_~t~~iC lJRNISHED. MINNEAPOUS MARKET I :% Ii T-1lOB1LE 10' Po'C PIPE FOR COAX ! EXlS11NG BACICf'ILl. NCITES: 1. CONTRAC11JR TO REPlACE EXCAVATED SOIL WJ'/}l COIlPACTED ClASS 5 BACKFILL 2. A. 1I1N11lU1l OF 4' IlUST BE lIAlHTAlNED IlEIWEEH THE Po'C PIPE AND THE SIIlfS OF THE lRENCHES. 3. CONTRAC11JR TO DRIU. r HOLES IN IIOTTOIl IWJ' OF Po'C PIPES AT 4'-0' INCRDlENlS FOR WATER DlIMWlE. ... CONTllACTllR TO INSTAll. 8'-0" GROUND ROO IN ENT1RE L.elaJH OF TRENCH FOR Po'C PIPE AND IlUST CONNECT lltS GROUNO RElD TO THE GROUND RING AROUND THE BTS EDUIPlIEHT. ~ UNDERGROUND PVC PIPE \iJJ SCAlE: NONE I ; I s ! -.... I heI'eby C*t/fy II1at Ihle plan ~ ~ HILLTOp. COLUMBIA HGTS, HS f _~by_orundormy_1U and I am a duly IJc:onood """-lonal Engl.- _It "11 A10Sn undor thoo _ aI thoo SlaIo aI _ R. RUDDY 5/5/D8 SECTIONS AND DETAILS _It Mil I - :::. ........ wc::wa. ~ '-It Mil 1400 49TH AVENUE NE COLUMBIA HEIGHTS. MINNESOTA I ~ - ... ... 17852 REV """"_"- Mil sc.w: DRAWING NUlliID t: 7 NEW UTIUTY SERVICE ONE - UNE DIAGRAM STANDARD (240V) D FROIl EXIS11HG (3) 3/D AWC IN 2. PiC CONDlJrr IlEl.llW GRADE OR CONDUCTORS AND CONDlJrr PER lI11IJTY REQUIREIIENTS (3) 3/0 Awe COPPER CONDUCTORS (3) 3/0 Awe COPPER CONDUCTORS $. :: (3) fa Awe :: C :: :: :: ~ . . . ~ . :: s I l I WIRING DIAGRAM fROlot EXlSllNC 3/0 Awe I WI GROUND PER NEe AND l.OCIl. REOUIREIIDlTS TO GND. ROO Gal. RECPT. GND. BUS .t:ImES:. 1. COIIIRACTOR TO COORDlNATE AND 'JERlfY lI11IJTY POWER REOUIREIIENTS WITH lI11IJTY PRIOR TO foNf CONSTR\JCllON WORK. SEE DRAWING T1 FOR lI11IJTY AND TElCO INFORIlA11ON. '~ 2. AU. EllUIPIlOO AND IlATERIAL FURNISHED AND INSTALI.EIl fIf CONTRAcl'DR. UNI.ESS NOTED lmtERWISE. A IIlV 1lo\1t -- ... .... .IPfWM:Il -- 5/5Ir'. ISSUED FOR CONSTRUCOON EI..EC'lRICAI. NOTES: I. CONNECT COAX GROUND KI1S TO IlAS1'ER GROUND BUS AT B/TOWER. 2. CONNECT COAX GROUND KI1S TO GROUND BUS AT T/TOWER. J. CONNECT LNA GROUND TO GROUND BUS AT T/TOWER. 4. ALL GROUNDING CONNECTlONS TO BE IlADE USlNG EXOTHERIdlC WEI.D PROCf:SS UNI.ESS Ol'HERWlSE J.PPR(M]) fIf DESIGNER. 5. FOR GROUNDING OF EaUlPllOO SUPPORT STEEl. ICE IlIlIDGE/CANllPY AND WAIlEGUIDE BRIlGE. SEE APPI.IC.IIll..E PDRT1DN OF DETAIL Tl'PE 2, STANDARD owe. AIQ852-E2. B. EI..EC'lRICAI. CllNlRAC1DR TO PllU. BDNDlNG JU\IPER 0 PlJRal.L. ONLY IF DISCONNECT GROUND IS llED TO GROUND FlELD INSTtAll OF SEPERATE GROUND ROD. ., '" CO' IIITAU. IIl'DDICE EllA..... 4 3 2 ~ Ii 4/0 AWC IWlE T-IIOIllU:: WOODEN OR STm.~ RACl< FOR ELErlRIC IlErER 13 WITH DISCONNECT (PRCMOED BY CON1RACTOR) \ (3) 3/0 Awe IN 2. PiC CONDlJIT )E---.J/~=~~ :DUCTORS \" -.... _ _ ' TO EXISI1NG , ~IlER (FlELD LOCATED) I 1---- II t\ I 1,\ I 'II // ......\..- I I",,'" ......... J,.-r'1 .... I II I ,I (3) 3/0 Awe I II I I 1'1 III 1'1 III I . I~'! I . I I " II I, : I . , II I' II I' ,-J "'__m~ (ABCM: GRADE) ! f I So ! GND BAR 0 T/TOWER POWER AND GROUNDING PLAN SCAlE: NONE . N011Cf: lltS DIWMNG H.\S NOT BEEN P\JBUSHED ANa T · .Mobl-Ie.. ~~5~ES AND AGREES TO RE11JRN rr UPON REIlUEST AND AGREES _T rr Wll. NOT BE 1IEPRODUCEIl. COPIED. LENT OR - 18 3 -~ .:r~~ ~~ ~rmw-is NOR 1JRNISHED. MINNEAPOLIS MARKET I --... ~~by ~ ':.: '~~u~..:.:c.rt HILL TOp. COLUMBIA HGTS. HS f and that I am a duly Uconoed _ EloeV1cIan _Of ..,. A 1 09n under tho knn at the Slate at ~ R. RUDDY s/s/OB POWER AND GROUNDING PLAN _Of ..,. I _. - -- _Of ..,. 1400 49TH AVENUE NE COLUMBIA HIEGHTS, MINNESOTA I ~ .... .... ... ....,. _II. ..,. sc.w: -_ NUWIll! IIlV "~I' , '. , ' '" ;~ i!;~ il"' "'", ~'" t'J~ ~I>f ~t'J i!;~ l'i~ ~a t '" " ;l '" " l" ,. ,. !'l ~ ~ ~ t:ai~ O;i!1"' t'J~ I i~ i , ;~.. \t.'~ .' FIELD BOOK PAGE 2679 46 DRAWING NAME: 32512- TOWER dwo JOB NO.~ FILE NO.~ ('"'I'll .TI IrA ("'T" ~VU I rlc.r,...; I -. '" '" -L ~ ~ ~ ~ ~ ,"..,'0;:;/,,1'"', ft- I r1cASi r""SO'JI".. Latitude: Longitude: Ground elevation: Pole height: Top of pote: PARENT PROPERTY UNE") i OWNER: '.\ FIELDWORK CHIEF: Bruce NO. DRAWN BY: 1 kgf CHECKED BY: LJN REVISIONS DATE DESCRIPTION 5 25 06 Revised to sho... distance to orent pro crt SURVEY FOR: lines C:JART[R r.r- VI' "T"'I ,. ,n.:: 1"''4JOF?Tri~'','EST 1"'\' '" u,r--, "'lvr.t\, c..K ........... , ~~-SauT11 UNE CF /IIATHAJRt AS SHOWN .. ON COUNrr HALF secnON w,p " ---1--__ I 1 I i5(i """ I I:~ i'" Oct1.. I ,,,OJ ~ i:!:"'(i 1 ~~G 1 \:c;i:{ ~~~ 1 ~~g ~ aSl... ~5~ I ...'1'<'>'" 1 _r~'="l -1- 1 1 I 'l I I I I I -\-------- '... NORTH LINE OF THE NORTHEAST OUARTER OF THE SOUTHWEST OUARTER .t THE SOUTH UNE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECnON 25. T. 30. R. 24 ----------- NORTHEAST 01' OUARrrR "'" scxm-tWEST OWNER: INDEPENOENT SCHOOL DISTRICT NO. 13 OF ANDKA COUNTY - - ---. 49TH A VENUE NORTHEAST ( C.S.A.H. NO.4) OUARrrR ------- ~"'''' ~.f. '" '" ,.. 1""\, , A ~v,.,R7'[}~ PROPOSE:D T -MOBILE USA, INe. 15 FT. ACCESS de UnUTY EAiE:NT-.:::~:.:. i ' .....~o I.. " ~ -L '\ --.,. - '-...saumCR1.Y' RIGHT-OF-WAY UNC 0; 49TH A\lf:NU€ NORTkEASr AS SOloW ON COUNTY HAlf SE'cnON JJAP ------ - _ --ll:l (.i ~ .' .....1:/' ~'.... ==>~ ~~ ~Vj ~~ ..!.c flE Q~ lX==> ~-'lI ll::l:l Il.."l ~~ '" ~t ... ~~ ~ ....)1 i \ ~ l' \ \ : \ I-.._L ~ \ ~ r{f6-tASfPA~ ~PROPmwi:wtJ .m_ ~ " 1- \ -r \ , , .... .. '.. ....-PROPOSED T-MOBILE ., USA, INe. 5 FT. ACCE: ..t UnUTY EASEMENT <:'.r"'l"..,.., .....vl....l J ri::~c-~.,... --I " " '< .. O~/,.," O""r-_ 'I, ell' o .30 ~-- SCALE IN . DENOTES FOUND IRON MONUMENT 90 I ~ ~ ~ ~ ~ ~ ~ ~ ei ~ ~ Vi ll: ~;:; .... CENTER UNE OF PROPOSE:D i!;", ~ T -MOBILE USA, INe. 5 FT. ... ....... ' ~~ ~ ACCESS de UnUTY EASEMENT-m..... ....., ~~ ~ t'J'" ~~ ...... PROPOSED T-MOBILE USA, 1Ne. ... ~';';" i "'~ 12 x 12 FOOT LEASE TRACT .... ". ...~ ~~ ~~ :"'0 . ~,'. -'" ~~ (sa LEASE TRACT DETAIL)m....... I )~ I ~ POINT OF 8EGlNNING OF THE ..... i \\:'" -' PROPosro T-MOBILE USA. INCo ". : " \,,:::::.. IV. J .............. . ...., '.m ....c:~~!........JV ...m!!~~..~q.... ......~.~:=.~.~~~~.~~.:~~:~:: ::::gtt' '\ I J.5"11~ PIPE-...... 1Zl1: i E"A T I : ......m....l\.r..... J66 ...m.f:Xis.i-iNG--i.iGHT.pi5i.[.............~::::::. ~o/..~. '. TO BE REPLACED ................ . .:." : ...~I (HEIGH T = 78 FEET) ......-:.. .:,. : PROPOSED LIGHT REPLACEMENT DA TA:............-. / 45'03'27.3" 1 .... 9314'275" sCNAD 8J-85 ADJ.) : 995 fe~t (NA YO 88) :' 75 feet (ACL) :' 7070 feet (NA YO 88) .... PROPOSED T-MOBILE USA, INC. -...... 75 x 7 FOOT UnUTY EASEMENT (sa LEASE TRACT DE:7'AIL).' ~~... o DENOTES SET 5/8 INCH IRON RE-BAR MARKED BY UCENSE NO. 22033 _....~ '. ..-, . I ' .... ~ ~ ,.- INDEPENDENT: SCHOOL DISTRICT NO. I 13 OF ANDKA COUNTY <J ~~~ t'J~~ n~ li..!.~ I t'Jl'll!; i!:o i:!:g PROPOSE:D gi!: ~~h1 :5~~;:! LEASE "5 ~~? ~ \." I, TRACT Tilt . '-.. . --':~~~:~~~:~*?1:~::~,~ ~T.?~J--'_ 3 - = i lJ i i!:.; ~I ~ /: ai I ~ "'CCHTfR fJNI!.' OF PROPOst:D ~~~ ~~: ~~ :21 &~~ 1:2 A~~ftirr1Hf.!c.,'J;,T t'J~~ t'J~~ i:!:l il:"t:i Ii:!: ~~~ ~~~ ~I () l~ a~~ a,~ ~.~l ill'" ill.../: "zoo" ...;.. t'J~i1 wE-ST "ill!;; ...t i~~ ~~ PROPOSED LEASE TRACT DETAIL NO SCALE .. .>: EAST .- 10.00.. .~ ) .~ ~ """ /" 'f I t'J ~ LEGEND o Il:I 111 lEI '0. i} MANHOLE TELCO PED ELEC TRIC BOX HAND HOLE POWER POLE UGHT POLE -<lHW- OVE:RHEAD WIRES .9(lJ.9 SPOT ELEVA nON BITUMINOUS SURFACE .1 CONCRETE: SURFACE PROPERTY ADDRESS: Site A 10977 Columbia Heights, w, _ 184 - HS" T-Moblle USA,Inc. Site Al0977 Columbia Heights, Minnesota "Columbia HS" PARENT PROPERTY DESCRIPnON: (per Anaka County Property Summary) .En tire property not surveyed That port of the Southeast Quarter of the North....est Quarter of Section 25. Township 30, Range 24 lying south of the plat of Mathaire. And: ~1\~,q~.%'~t-~ ;"~'BJ: ffgll^ The Northeast Duarter of the Southw~~~tpuorfer .of !iectIOh'~41J17rOwnship 3D, Range 24, 01/ in Anoka County. Minnesota..,'SlIbject"tr;> Roads, Ita ./~z ........",. ."..... '\,II. ,~. /:; 'I/: CERnFlCA nON: ~-.... '\ Y'';'''Gl!l''''''''~..,~.<') ..;;-, J hereby certify that this surw;.;s.os prepor1d by me or dr,(if'r my dlrfc.t superwsion ~~:n:Z~ia: am a duly License.JjLand ~~yor under the laws't>q.! the S(i1J.e of!! .~~ .j ~ ,,~ Oate of survey: May I, 200fI f! Field!. ~ J Land' ..;...~ i~ ,. ~ ,.J,." .. Le.e J. Nor:ll,' Li::~.. fP,"" "':', 2-.!........;.,'.Mirineso~)q'~t;f;~s~~O. 22033 Only ;f the Surveyor's s;gnature:~or '~tomp"";$ .1'(1 RED is th[!p bn ,or{ging/,;-copy. Anything other than an original copy may _ ~~ntq/~l~~n~uthodzed.. (J.rt~~~.;.t!..r:JS: ~).~ihe original. The surveyor accepts no responsibiiit'i'fql n~ri.J:;-origi'1al.:,.l:'qj;i~;-pf:~this document. NOTES.. "~:~:LL:~..:;.!, ~.;;j~, tt\;-~;\l\Y!>'~ The orientation of this beanng system is b;'sed.on the west line of the Southwest Duarter of Section 25. Township 30. Range 24, which is assumed to have a bearing of North 00 degrees 24 minutes 14 seconds West. 2. BENCHMARK: Minnesota Department of Transportotion Control Monument '0207 G". IDevotion = 927.43 feef (NA YO 88). J. Access to the proposed T-Mobl7e lease tract is from 49th Avenue Northeast. 4. No title work was furnished in the preparation of this survey to verify ownership. the legal descn'ption. or the existence of any easements or encumbrances to the property. PROPOSED LEASE TRACT DESCRIPTION: An easemen t for lease tract purposes over, under and across that part of the Northeast Ouarter of the Southwest Duorter of Section 25. Township JD North. Range 24 West of the Fourth Principal Meridian. Anoko County. Minnesota described as follows: Commencing at the southwest comer of said Southwest Quarter; thence North oa degrees 24 minutes 14 seconds East. assumed bearing along the west line of said Southwest Quarter 0 distance of 2153.52 feet: thence on a bearing of East 0 distance of 1574.JO feet: thence on a bearing of North a distance of 2.50 feet to the point of beginning of the lease tract to be descrlbed: thenctI con Unuing on a bearing of North a distance of 12.00 feet; thence an a beoring of East 0 distance of 10.00 feet; thence on Q bearing of South a distance of 72.00 feet: thence on a bearing of West a distance of 10.00 feet to said point of beginning. Said lease tract contains 120 square feet. PROPOSED UTILITY EASEMENT DESCRIPTION: An easement for utility purposes over. under and across that part of the Northeast Duarter of the Southwest Duarter of Section 25, Township 30 North, Range 24 West of thtt Fourth Principol Meridian. Anoka County. Minnesota described as follows: Commencing at the southwest corner of said Southwest Quarter: thence North 00 degrees 24 minutes 14 seconds East. assumed bearing along the west line of said Southwest Ouorter a distance of 215J.52 feet: thence an 0 beoring of East a distonce of 1574.30 feet: thence on a bearing of South 0 distonce of 2.50 feet to the point of beginning of the easement to be described; thence on 0 bearing of East a distance of 7.00 feet; thence on a bearing of South a distance of 16.00 feet; thence on a bearing of West a distanct:: of 7. 00 feet; thence on a bearing of North a distance of 15.00 feet to said point of beginning. Said utility easement contains 112 square feet. PROPOSED ACCESS & UTILITY EASEMENT DESCRIPTION: A variable width easemen t for access and ufl1ity purposes over. under and across the Northeost Ouarter of the Southwest Duorter of Section 25. Township 30 North, Range 24 West of the Fourth Principal AJertction. Anoko County. Minnesota. The center line of sa;d easement is described as follows: Commencing at the southwest corner of said Southwest Duorter; thence North 00 degrees 24 m;nutes 14 seconds East. assumed bearing along the lIIIest line of said Southwest Quarter a distance of 215,).52 feet; thence on a bearing of cast a distance of 7674.30 feet to the point of beginning of the center line to be described; thence continuing on a beoring of Eost 0 distonce of 48.93 feet, soid easement lies 2.50 feet left. and 2.50 feet right of soid ct:nter line along the last described course; thence on a bearing of North 0 distonce of 256.85 feet to the south line 01 49th AIIBnue Northeast and said center line there terminating. said easement lies 7.50 feet left. and 7.50 feet right of said center line along the lost described course and said center line there terminating. Said access and utHity easement tract contains 4.097 square feet. ~ EGAN, FIELD, & NOWAK, INC. "SURVEYORS SINCE 1872" 7415 WAVZATA BLVD. MINNEAPOUS, MINNESOTA 55426 PHONE: (952) 546-6837 FAX: (952) 546-6839 WEB: EFNSURVEY.COM COP'!'RIGHT e 2006 B)' EGAN. AELD &: NOWAK, IHC. T-Mobi-le USA, Inc. Minnesoto 1400 49TH AVENUE NORTHEAST COLUMBIA HIEGHTS. MINNESOTA 55421 COLUMBIA HEIGHTS CITY COUNCIL LETTER ee mg 0: une , AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 7 - /~ - S- Community Development APPROV AL ITEM: Case No. 2006-0602 Minor Subdivision with BY: Jeff Sargent, City Planner~ BY: .' ~;I;;ZI .....- variances located at 4100 Reservoir Blvd. DATE: June 7, 2006 t A't M f f J 12 2006 BACKGROUND: At this time, Mr. Shad is requesting a minor subdivision (lot split) to create two lots (Parcel A and B), located at 4100 Reservoir Boulevard. In association with the lot split, the applicant is also requesting two variances. The first is a 598 square foot area variance for Parcel A per Zoning Code Section 9.109 (C). The second is a 5-foot rear yard setback variance for the existing house located on Parcel A per Zoning Code Section 9.109 (C). The required park dedication for a subdivision is determined by taking 10% of the estimated market value of the newly created, undeveloped land. Anoka County records indicate that the estimated market value of the undeveloped land for Parcel B would be $48,891.50. Therefore, the park dedication fee for Parcel B will be $4,889.15, to be paid upon final approval of the lot split. RECOMMENDATION: The Planning Commission held a public hearing on June 6, 2006 and recommended that the City Council approve the minor subdivision, the 59 square foot area variance for Parcel A, and the 5-foot rear yard setback variance for the existing house on Parcel A, with a 4-0 vote. RECOMMENDED MOTIONS: Move to waive the reading of Resolution 2006-68, there being ample copies available to the public. Move to approve Resolution No. 2006-68, approving a minor subdivision at 4100 Reservoir Boulevard, subject to the conditions stated in the Resolution. Move to waive the reading of Resolution 2006-69, there being ample copies available to the public. Move to approve Resolution No. 2006-69, approving a 598 square foot area variance for Parcel A and a 5- foot rear yard setback variance for the existing house on Parcel A, located at 4100 Reservoir Boulevard, subject to the conditions stated in the Resolution. A h R I . ]V, 200668 R I . ]V, 200669 PI R A r M '1 ttac ments: eso utlOn o. - , eso utlOn 0 - , annmf{ eport, Ipp. lcatlOn aterza s COUNCIL ACTION: -184- RESOLUTION NO. 2006-68 RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR RIAZ SHAD WHEREAS, a proposal (Case No. 2006-0602) has been submitted by Riaz Shad to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 1400 Reservoir Boulevard EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect ofthe 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 fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on June 6, 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 subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all ofthe design standards specified in the g9.l14. -185- Resolution No. 2006-68 Page 2 FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of$4,889.15, due at the time of final approval by the City Council, and prior to any permits issued for the property. 3. The applicant shall dedicate an additional5-foot easement on the western property line of proposed Parcel B for drainage and utility purposes, to be approved by the City Engineer. Passed this _ day of June 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -186- RESOLUTION NO. 2006-69 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR RIAZ SHAD WHEREAS, a proposal (Case # 2006-0602) has been submitted by Riaz Shad to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 1400 Reservoir Boulevard LEGAL DESCRIPTION: On File at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 598 square foot area variance per Code Section 9.109 (C), and a 5- foot rear yard setback variance per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on June 6, 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 ofColurnbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because ofthe particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel ofland 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 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. -187- Resolution No. 2006-69 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 ifthe 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 descriptive information submitted with the application shall become part of the permit. Passed this day of June, 2006 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -188- CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2006-0602 DATE: May 19, 2006 TO: Columbia Heights Planning Commission APPLICANT: Riaz Shad LOCATION: 4100 Reservoir Boulevard REQUEST: Lot Split and Variances PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Mr. Shad is requesting a minor subdivision (lot split) to create two lots (Parcel A and B), located at 4100 Reservoir Boulevard. In association with the lot split, the applicant is also requesting two variances. The first is a 598 square foot area variance for Parcel A per Zoning Code Section 9.109 (C). The second is a 5-foot rear yard setback variance for the existing house located on Parcel A per Zoning Code Section 9.109 (C). PLANNING CONSIDERATIONS Consistency with Comprehensive Plan The Comprehensive Plan guides this area for Low Density Residential. The property is zoned R-1, Single Family Residential and is currently being used as a single-family house. The request will create a new parcel for a single-family house, and is consistent with the Comprehensive Plan for this reason. Consistency with Zoning Ordinance The property at 4100 Reservoir Boulevard is zoned R-1, Single Family Residential. The properties to the north, south and east are also zoned R-1. The properties to the west are zoned R-2A, One and Two Family Residential. The proposed lot split is required to meet the minimum lot area, lot width and setback regulations as outlined below: Lot Size. The minimum lot size in the R-1 District is 8,400 square feet in area. The proposed lot split will create two separate lots, Parcel A and Parcel B. The proposed Parcel A will have a lot area of 7,802 square feet, which is less than what the Zoning Code requires. For this reason, a 598 square foot area variance is required. Proposed -189- City of Columbia Heights Planning Commission 4100 Reservoir Boulevard June 6, 2006 Case # 2006-0602 Parcel B will have a lot area of 10,452 square feet, meeting the minimum lot area standards. Lot Width. The minimum lot width in the R-1 District is 70 feet. Parcel A will have a proposed lot width of 89.86 feet and Parcel A will have a proposed lot width of 70.00 feet. Both of these widths meet the minimum lot width standard for the district. Setbacks. The minimum setbacks in the R-1 District are as follows: Front yard: Side Yard: Corner Side Yard: Rear Yard: 25 feet 7 feet 12 feet 20% of lot depth At this time, there are no house plans for Parcel B, however an existing single-family home is located on Parcel A. When the lot split is complete, the orientation of the lot will remain the same, with the front yard abutting Reservoir Boulevard, and the corner side yard abutting 41st Avenue. The lot split, however, will cause the house to become non- conforming for setback purposes. The existing house will have the following setbacks when the lot split is complete: Front Yard: Side Yard: Corner Side Yard: Rear Yard: 30.5 feet 15.3 feet 16.1 feet 10.25 (requires a 5-foot variance) The rear yard setback is determined by taking 20% of the average lot depth. In this case, the average lot depth is 76.21 feet. 20% of the average lot depth would yield a rear yard setback requirement of 15.24 feet. Park Dedication. The required park dedication for a subdivision is determined by taking 10% of the estimated market value of the newly created, undeveloped land. Anoka County records indicate that the estimated market value of the undeveloped land for Parcel B would be $48,891.50. Therefore, the park dedication fee for Parcel B will be $4,889.15, to be paid upon final approval of the lot split. FINDINGS OF FACT (minor subdivision) Section 9.104 (J) of the Zoning Ordinance outlines 8 required findings that must be met in order for the City to grant a minor subdivision (lot split). They are as follows: a) The proposed subdivision of land will not result in more than three lots. The proposed subdivision will result in the creation of two new parcels. b) The proposed subdivision of land does not involve the vacation of existing easements. -190- Page 2 City of Columbia Heights Planning Commission 4100 Reservoir Boulevard June 6, 2006 Case # 2006-0602 No existing easements will be vacated as a result of this subdivision. The applicant will be required to dedicate an addition 5 feet to the existing 10-foot drainage and utility easement located on the western lot line of Parcel B, in order to create a 15-foot drainage and utility easement. c) All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. Parcel B will not conform to the lot area requirements established for the district. For this reason, a 598 square foot area variance is requested to meet the minimum standards. The lot area on Parcel A conforms to code. All lot widths for resulting parcels will meet the city's minimum standards as well. d) The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. No public rights-of-way will be dedicated for the purpose of gaining access to the property. e) The property has not previously been divided through the minor subdivision provisions of this article. This property has not been previously subdivided. f) The proposed subdivision does not hinder the conveyance of land. The conveyance of the land will not be hindered by the minor subdivision. g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. h) The proposed subdivision meets all of the design standards specified in Section 9.114. The proposed subdivision meets all the design standards for minor subdivisions executed in the City of Columbia Heights. FINDINGS OF FACT (variances) Section 9.104 (G) of the Zoning Ordinance outlines 5 required findings that must be met in order for the City to grant a minor subdivision (lot split). Response (1) will be for the 598 square foot lot area variance and response (2) will be for the 5-foot rear yard setback variance. They are as follows: a) 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. (1) The property in its current state is 18,254 square feet in area. If the property were to be split evenly, the resulting parcels would be 9,127 square feet each. The property's hardship lies in the fact that it is oddly shaped, and triangular. There is no way for the applicant to be able to -191- Page 3 City of Columbia Heights Planning Commission 4100 Reservoir Boulevard June 6, 2006 Case # 2006-0602 split the property while maintaining both a 70-foot lot width and a minimum of 8,400 square feet in area. If the property were a perfect rectangle, the applicant would not need a variance for lot area when splitting the property. (2) In order for the applicant to maintain a 70-foot lot width for Parcel B, the new proposed lot line was placed 10.25 feet from the existing house on Parcel A. The required rear yard setback for the existing house on Parcel A is 15.2 feet. For this reason, a 5-foot rear yard setback variance is required. 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. (1) There is one other similarly shaped parcel along Reservoir Boulevard. The stated hardship is therefore unique to the property. (2) The applicant would like to split a piece of property already containing a house. Given the sizes of the parcels in the City of Columbia Heights, it is rare to find a parcel of land large enough to subdivide, which has an existing house on it. 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 . (1) The hardship is caused by the irregular shaped lot" created at the time of the initial platting of the area. (2) The house was placed on the property prior to the applicant having legal interest in the property. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. (1) The granting of the variance is in harmony with the comprehensive plan for both of the requested variances because of the property's low density status. 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 property or improvements in the vicinity. -192- Page 4 City of Columbia Heights Planning Commission 4100 Reservoir Boulevard June 6, 2006 Case # 2006-0602 (1) The applicant owns the existing house on the subject parcel of land and is creating a new parcel that meets City Code for lot area and lot width. Because the variances themselves are minor in nature and the property will remain low density, the request is a negligible departure from the ordinance. (2) The new house to be located on Parcel B could be placed in a location consistent with all the other houses in respect to neighboring houses. For this reason, the granting of the variance would not be injurious. RECOMMENDATION City Staff recommends the Planning Commission recommend that the City Council approve the lot split with the following conditions: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of $4,889.15, due at the time of final approval by the City Council, and prior to any permits issued for the property. 3. The applicant shall dedicate an additional 5-foot easement on the western property line of proposed Parcel B for drainage and utility purposes, to be approved by the City Engineer. City Staff recommends the Planning Commission recommend that the City Council approve the 598 square foot area variance for Parcel A and the 5-foot rear yard setback variance for Parcel A with the following conditions: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. Attachments: Draft Resolutions, Location Map, Property survey, Applicant narrative. -193- Page 5 4100 Reservoir Boulevard -" -" -" -" -" ..... -" -" -" -" .j>, N 4241 4240 N N N N LU ~ w ~ w w w ~ c.n .....J .j>, ~ 0 -" N ..... N ~ W 0 N c.n -" ...., 11. 4247 w ...., <0 c.n ...., w () 4235 4234 c.n :2 .j>, -" -" -" -" -" -" -" -" -" -" LU N N N N W ~ ~ w w w .j>, -" -" 0 -" -" N 0 -" N ~ 0 .j>, .j>, c:: ...., 0 0> 0 0> N 0> 0> N N W t 0> 0 :2 .j>, -" -" -" -" -" -" -" -" -" -" -" -" -" .....J N N N N N W ~ ~ w w w ~ .j>, .j>, .j>, .....J 0 -" N N W 0 N ~ .j>, N W W W W -" c.n w ...., (J'1 co c.n -" co co w (J'1 LL -" -" -" -" -" w w .j>, ~ ~ w .j>, 0 0 0> 0 0 0 -" -" -" .j>, .j>, .j>, -" ~ 0 c.n ...., BLVD 40 40 40 398 397 397 w.' s Location Map -194- EXISTING GARAGE No. 1329 , / / / o t{) / ,.,..,. :~"f / y. ~3:o 1/ ~1~ r/ \;_ 0 / .~ f'- /IJ'~ : L-~: 14.... <>;[ / _2.0 . Southwester. I}' 4 1 S T Corner of lot 46 ;' / ,/ I GG l "v)' 1/ /1 I' ",--l/ ~. ,l/' 'f / I I / / / I ;( / / //<~ , . " I // o' , o ~ .~ '" ~~ " ~~ <, .~t ,10....(';, If I,)",,! (:l~_, 'J. 0'--" :~. ...,; ~,-) ~/ '" '/~ <Or <;/.>... ,7 to~ / I \f' / / '..}o" ~ / '" 0/ , '-, ,,'0/ "l I / I I " I 'I I !" Ii! ..~I (2 /5 jJ! d / I If I Ii /1 :<::) j' ~ j' ~. / .<:Q I j; Ii 1/ ~ I ^ ~ ,!~ ~ f '?,~ I () 7400 . .. <'\~'D'" l .:::." I I U,' I I ~ ..f ~ ," ~ V" l' ~ N87008' _ / ,. I" / ~ ;1 r,.; 5~.. 36"W ,/ 89...86 '. .' 0 ,. 0:V , ~ l' a (')8 ' .' /;I , .~~.~ R/ ' .,' /' ~ ~ __" .. _ .. ...._ ~ Pd PE .... // Jouth 1;0" 01 E ___~_" ..... .. . ....... .j" Ll.. 01 41. --======-- -_:~:'=--===-_.._-_-:::<~,::/' .....,,- .... ~'''' 'f\.,"l. ~ ~l " ' ~>< ... .... i 0; 4'5: z.. P';' "l.. ........ ..... c~>> <? ~~ '{ ,"', .' :.,.... . -: ., ~ ., '\" ~.' AVENUE Existing Legal Description: Lots 46 and 47, Block 4, Reservior Hills, Except the following; Commencing at a point in the South line of Lot 46, Block 4, Reservior Hills, which point is 14.0 feet from the Southwesterly corner of said Lot 46; thence North parallel with the West line of Lot 45 of said Block 4 a distance of 21.95 feet to the Northwesterlv line of said Lot 46. thence ~nlll.herlv Alnno "Aiel Nnrthw,,"'" A14 -r.. <,;., _ ,'.a I Ln 0"\ ~ Riaz Shad 4100 Reservoir Blvd. Columbia Heights, MN 55421 Date: 05-08-2006 City of Columbia Heights 590 40th Ave. NE Columbia Heights, MN 55421 Subject: MINOR SUBDIVISION/ VARIANCE: Dear City Planner, I am fee owner of the property located at 4100 Reservoir Boulevard NE Columbia Heights. The property is presently built in two lots 46 & 47, Block 4. It is big hardship for me to change the structure of the property to build another structure on the said lot. I am planning to build another structure on the said property in near future. I am requesting to the city to grant me the Subdivision and Variance so that I can use the lot for another structure according to the state and city codes. Thanks a lot, s~ C;~ Riaz Shad -196- I -, ~'------i--)} . ' t? (J.. ~ ~-~-_.~.-q~~.~jk~------_. . fe! -~~-~-----;?~Jd~/--.2=~M:1-"Y-t!=r~T------- I - ;,. __"'~~'~"__'_~___~h________._'_-'_'~_-- -'~--- ------.---~..-----'---------------------J---."'-'-----'--,.---,----.------------.,----------'-.'-- , : 'uJ k it. -# cL /~~.// ' ,l~ 3 _~______~-+ _ ,~., '1/~ . 1~c:,~~_" -;~-P-{-\~i2/~~GJ:z.!'LLr~--1}~ r 0; ~.-~.. , ~ ~/ j7j'~ / . ~ ~__~._~~~"L~,.::-, I ~/jt::t. .~.y-=.<Ck""""----,CJi; ~~~~___~ J i/-~~~.~ / b' ""6tJJd \J; ~ >--;----.-~-~-./o ,----;{~r:~~{--f!/p ~._!x~~..kk'1.?'~C\..--1'~ -'JI~-.7 _CL~~_d~ -- ,~ , -/; ,.' . 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